HomeMy WebLinkAboutContract 53010-PM1I
FORT WORTH
~
PROJECT MANUAL
FOR
CITY SECRETARY
CONTRACTNO. 530/O-PM I
THE CONSTRUCTION OF
Jennings Townhomes
City Project No. 102163
WATER PROJECT NO. 56008-0600430-102163-001580
SEWER PROJECT NO. 56008-0700430-102163-001380
FILE NO.
Betsy Price
Mayor
X-26077
W-2634
Christopher P.Harder, P.E .
Water Director
Steve Cooke, P .E .
David Cooke
City Manager
Interim Director, Transportation and Public Works Department
Prepared for
The City of Fort Worth
2020
Gateway Engineering, Inc .
6012 Reef Point Lane Suite J
Fort Worth, TX 76135
81 7-439-9444
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
00 00 10- 1
PROJECT RECORD DOCUMENTS FOR DEVELOPER AWARDED PROJECTS
Page 1 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised September 1, 2015
SECTION 00 00 10
TABLE OF CONTENTS
DEVELOPER AWARDED PROJECTS
Division 00 - General Conditions
00 42 43 Proposal Form Unit Price
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 73 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 Preconstruction Meeting
01 31 20 Project Meetings
01 32 16 Construction Progress Schedule
01 32 33 Preconstruction Video
01 33 00 Submittals
01 35 13 Special Project Procedures
01 45 23 Testing and Inspection Services
01 50 00 Temporary Facilities and Controls
01 55 26 Street Use Permit and Modifications to Traffic Control
01 57 13 Storm Water Pollution Prevention Plan
01 58 13 Temporary Project Signage
01 60 00 Product Requirements
01 66 00 Product Storage and Handling Requirements
01 70 00 Mobilization and Remobilization
01 71 23 Construction Staking
01 74 23 Cleaning
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
00 00 10- 2
PROJECT RECORD DOCUMENTS FOR DEVELOPER AWARDED PROJECTS
Page 2 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised September 1, 2015
Technical Specifications listed below are included for this Project by reference and can be
viewed/downloaded from the City’s Buzzsaw site at:
http://fortworthtexas.gov/tpw/contractors/
Division 02 - Existing Conditions
02 41 13 Selective Site Demolition
02 41 14 Utility Removal/Abandonment
02 41 15 Paving Removal
Division 03 - Concrete
03 30 00 Cast-In-Place Concrete
03 34 13 Controlled Low Strength Material (CLSM)
03 34 16 Concrete Base Material for Trench Repair
03 80 00 Modifications to Existing Concrete Structures
Division 26 - Electrical
26 05 00 Common Work Results for Electrical
26 05 10 Demolition for Electrical Systems
26 05 33 Raceway and Boxes for Electrical Systems
26 05 43 Underground Ducts and Raceways for Electrical Systems
Division 31 - Earthwork
31 10 00 Site Clearing
31 23 16 Unclassified Excavation
31 23 23 Borrow
31 24 00 Embankments
31 25 00 Erosion and Sediment Control
31 36 00 Gabions
31 37 00 Riprap
Division 32 - Exterior Improvements
32 01 17 Permanent Asphalt Paving Repair
32 01 18 Temporary Asphalt Paving Repair
32 01 29 Concrete Paving Repair
32 11 23 Flexible Base Courses
32 11 29 Lime Treated Base Courses
32 11 33 Cement Treated Base Courses
32 12 16 Asphalt Paving
32 12 73 Asphalt Paving Crack Sealants
32 13 13 Concrete Paving
32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps
32 13 73 Concrete Paving Joint Sealants
32 14 16 Brick Unit Paving
32 16 13 Concrete Curb and Gutters and Valley Gutters
32 17 23 Pavement Markings
32 31 13 Chain Link Fences and Gates
32 31 26 Wire Fences and Gates
00 00 10- 3
PROJECT RECORD DOCUMENTS FOR DEVELOPER AWARDED PROJECTS
Page 3 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised September 1, 2015
32 31 29 Wood Fences and Gates
32 32 13 Cast-in-Place Concrete Retaining Walls
32 91 19 Topsoil Placement and Finishing of Parkways
32 92 13 Hydro-Mulching, Seeding, and Sodding
32 93 43 Trees and Shrubs
Division 33 - Utilities
33 01 30 Sewer and Manhole Testing
33 01 31 Closed Circuit Television (CCTV) Inspection
33 03 10 Bypass Pumping of Existing Sewer Systems
33 04 10 Joint Bonding and Electrical Isolation
33 04 11 Corrosion Control Test Stations
33 04 12 Magnesium Anode Cathodic Protection System
33 04 30 Temporary Water Services
33 04 40 Cleaning and Acceptance Testing of Water Mains
33 05 10 Utility Trench Excavation, Embedment, and Backfill
33 05 12 Water Line Lowering
33 05 13 Frame, Cover and Grade Rings
33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade
33 05 16 Concrete Water Vaults
33 05 17 Concrete Collars
33 05 20 Auger Boring
33 05 21 Tunnel Liner Plate
33 05 22 Steel Casing Pipe
33 05 23 Hand Tunneling
33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate
33 05 26 Utility Markers/Locators
33 05 30 Exploratory Excavation for Existing Utilities
33 11 10 Ductile Iron Pipe
33 11 11 Ductile Iron Fittings
33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe
33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type
33 11 14 Buried Steel Pipe and Fittings
33 11 15 Pre-stressed Concrete Cylinder Pipe
33 12 10 Water Services 1-inch to 2-inch
33 12 11 Large Water Meters
33 12 20 Resilient Seated Gate Valve
33 12 21 AWWA Rubber-Seated Butterfly Valves
33 12 25 Connection to Existing Water Mains
33 12 30 Combination Air Valve Assemblies for Potable Water Systems
33 12 40 Dry-Barrel Fire Hydrants
33 12 50 Water Sample Stations
33 12 60 Blow-off Valves
33 31 12 Cured in Place Pipe (CIPP)
33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers
33 31 15 HDPE Pipe For Sanitary Sewers (Gravity and Force Mains)
33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe
33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe
33 31 22 Sanitary Sewer Slip Lining
00 00 10- 4
PROJECT RECORD DOCUMENTS FOR DEVELOPER AWARDED PROJECTS
Page 4 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised September 1, 2015
33 31 23 Sanitary Sewer Pipe Enlargement
33 31 50 Sanitary Sewer Service Connections and Service Line
33 31 70 Combination Air Valve for Sanitary Sewer Force Mains
33 39 10 Cast-in-Place Concrete Manholes
33 39 20 Precast Concrete Manholes
33 39 30 Fiberglass Manholes
33 39 40 Wastewater Access Chamber (WAC)
33 39 60 Epoxy Liners for Sanitary Sewer Structures
33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts
33 41 11 HDPE Storm Sewer Pipe
33 46 00 Sub drainage
33 46 01 Slotted Storm Drains
33 46 02 Trench Drains
33 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 10 Traffic Signals
34 41 13 Removing Traffic Signals
34 41 20 Roadway Illumination Assemblies
34 41 30 Aluminum Signs
34 71 13 Traffic Control
Appendix
GC-4.01 Availability of Lands
GC-4.02 Subsurface and Physical Conditions
GC-4.04 Underground Facilities
GC-4.06 Hazardous Environmental Condition at Site
GC-6.06.D Minority and Women Owned Business Enterprise Compliance
GC-6.07 Wage Rates
GC-6.09 Permits and Utilities
GC-6.24 Nondiscrimination
GR-01 60 00 Product Requirements
END OF SECTION
00 42 43
DAP - BID PROPOSAL
Page 1 of 7
1 0170.0100 Mobilization 01 70 00 LS 1 $3,000.00 $3,000.00
2 0241.1000 Remove Conc Pvmt 02 41 15 SY 25 $9.20 $230.00
3 0241.1300 Remove Conc Curb&Gutter 02 41 15 LF 6 $4.28 $25.68
4 0241.1513 Salvage 3/4" Water Meter 02 41 14 EA 6 $86.36 $518.16
5 0241.1602 Remove Concrete Water Vault 3 41 14 EA 6 $1,755.00 $10,530.00
6 3201.0614 Conc Pvmt Repair, Residential 32 01 29 SY 8 $235.00 $1,880.00
7 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 6 $40.00 $240.00
8 3311.0041 4" Water Pipe
33 11 10, 33 11
12 LF 81 $30.00 $2,430.00
9 3312.2003 3/4" Water Service and Meter Box 33 12 10 EA 6 $602.44 $3,614.64
10 3312.2004 3/4" Private Water Service 33 12 11 LF 55 $18.25 $1,003.75
11 3312.3003 8" Gate Valve 33 12 20 EA 1 $1,126.67 $1,126.67
12 3312.4112 18" x 8" Tapping Sleeve & Valve 33 12 25 EA 1 $2,725.00 $2,725.00
13 3312.0107 Connecting to existing 18" Water Main 34 12 25 EA 1 $3,500.00 $3,500.00
14
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
Bidder's Proposal
Description
TOTAL UNIT I: WATER IMPROVEMENTS $30,823.90
Bid
Quantity Unit Price Bid Value
Project Item Information
UNIT PRICE BID Bidder's Application
Specification
Section No.
Unit of
Measure
Bidlist Item
No.
UNIT I: WATER IMPROVEMENTS
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version September 1, 2015 00 42 43_Bid Proposal_Jennings Townhomes.xls
00 42 43
DAP - BID PROPOSAL
Page 2 of 7
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
Bidder's Proposal
Description Bid
Quantity Unit Price Bid Value
Project Item Information
UNIT PRICE BID Bidder's Application
Specification
Section No.
Unit of
Measure
Bidlist Item
No.
1 3331.4115 8" Sewer Pipe
33 11 10, 33 31
12, 33 31 20 LF 79 $29.03 $2,293.37
2 3339.1012 4' Manhole
33 39 10, 33 39
20, 33 05 13 EA 2 $2,413.66 $4,827.32
3 3305.0109 Trench Safety LF 33 05 01 LF 120 $7.85 $942.00
4 3331.3101 4" Sewer Service 33 31 50 EA 6 $313.60 $1,881.60
5
UNIT II: SANITARY SEWER IMPROVEMENTS
TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $9,944.29
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version September 1, 2015 00 42 43_Bid Proposal_Jennings Townhomes.xls
00 42 43
DAP - BID PROPOSAL
Page 4 of 7
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
Bidder's Proposal
Description Bid
Quantity Unit Price Bid Value
Project Item Information
UNIT PRICE BID Bidder's Application
Specification
Section No.
Unit of
Measure
Bidlist Item
No.
1 0241.0401 Remove Concrete Drive 02 41 13 SF 100 $1.89 $189.00
2 3201.0614 Conc Pvmt Repair, Residential 32 01 29 SY 10 $235.00 $2,350.00
3 3213.0301 4" Conc Sidewalk 32 13 20 SF 1150 $3.94 $4,531.00
4 3213.0401 6" Concrete Driveway 32 13 20 SF 220 $5.71 $1,256.20
5 3213.0501 Barrier Free Ramp, Type R-1 32 13 20 EA 1 $1,141.12 $1,141.12
6 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 35 $20.20 $707.00
7 3292.0100 Block Sod Placement 32 92 13 SY 40 $5.26 $210.40
8 3471.0001 Traffic Conrtol 34 71 13 MO 2 $436.25 $872.50
9
10
UNIT IV: PAVING IMPROVEMENTS
TOTAL UNIT IV: PAVING IMPROVEMENTS $11,257.22
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version September 1, 2015 00 42 43_Bid Proposal_Jennings Townhomes.xls
00 42 43
DAP - BID PROPOSAL
Page 5 of 7
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
Bidder's Proposal
Description Bid
Quantity Unit Price Bid Value
Project Item Information
UNIT PRICE BID Bidder's Application
Specification
Section No.
Unit of
Measure
Bidlist Item
No.
1 3441.3021 Ornamental Assmbly, Simple 34 41 20 EA 4 $2,000.00 $8,000.00
2 3441.1501 Ground Box Type B 34 41 10 EA 2 $517.63 $1,035.26
3 3441.1408 NO 6 Insulated Elec Condr 34 41 10 LF 170 $1.51 $256.70
6
7
8
$9,291.96
UNIT V: STREET LIGHTING IMPROVEMENTS
TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version September 1, 2015 00 42 43_Bid Proposal_Jennings Townhomes.xls
00 42 43
DAP - BID PROPOSAL
Page 7 of 7
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
Bidder's Proposal
Description Bid
Quantity Unit Price Bid Value
Project Item Information
UNIT PRICE BID Bidder's Application
Specification
Section No.
Unit of
Measure
Bidlist Item
No.
180
END OF SECTION
UNIT I: WATER IMPROVEMENTS
Bid Summary
Contractor agrees to complete WORK for FINAL ACCEPTANCE within working days after the date when the
CONTRACT commences to run as provided in the General Conditions.
$61,317.37Total Construction Bid
$9,944.29
$11,257.22
$9,291.96
$30,823.90
UNIT II: SANITARY SEWER IMPROVEMENTS
UNIT IV: PAVING IMPROVEMENTS
UNIT V: STREET LIGHTING IMPROVEMENTS
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version September 1, 2015 00 42 43_Bid Proposal_Jennings Townhomes.xls
00 43 12
DAPPREQUAL IFICATIOtN STATEMENT
P&VIof1
SECTION 00 45 12
DAP — PREQUALIFICATION STATEMENT
Each Bidder is required to complete the information below by identifying the prequalified contiactm
and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work
Tyne" box provide the complete maior work tune and actual description as provided by the Water
Department for water and sewer and TPW for navin¢.
Major Work Type
Contractor/Subcontractor Company Name
EW* }
Open Cut 54" and Under
Acadia Services LLC
i
Open Cut 24" and Under
Acadia Services LLC
t
Facility Lift Station1
Parkway paving New
HR Construction
+ilf21L_i
Development
;I
Street Light and Electrical New
Bean Electrical INC
�It373id2Il9
Development
The undersigned hereby certifies that the contractors and/or subcontractors described in the table above
are currently prequalified for the work types listed.
BIDDER:
Kaminski Custom Builders BY: Bruce Kaminski
LLC
PO Box 1764
Addison TX 75001 Slgnan�e)
TITLE: Owner
DATE: 2/13/2020
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION PREQUALIFICATIONSTATEMENT — DEVELOPER AWARD M- PROILCTS
Form Vcniao September 1, 2015
Jeminp To nkom CmWacl BoaLAi
01 78 39 - 1
PROJECT RECORD DOCUMENTS
Page I of I
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.102163
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:
_Kaminski Custom Builders LLC
Company
PO Box 1764
Address
Addison TX 75001
City/State/Zip
THE STATE OF TEXAS §
COUNTY OF TARRANT §
By: _Bruce Kaminski
(Please Print) '
Signature: `Ji C4.r1 Wit`
_ Title: Owner
(Please Print)
BEFORE MIEN the undersigned authority, on this day personally appeared
known to me to be the person whose name is subscribed to
e foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of
12, �.\c SZ C_&or the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this C4 $_4_� day of
202
AIIIKPI��Jtlll
Notary 1 in an f r the State of Texas
.`"y ANGELA MORRIS
�PpY PVB �G
;Notary Public, State of Texas
r� Comm. Expires 11-16-2022
'o,EOF```:` Notary ID 5219818 END OF SECTION
/fi l,.
CITY OF FORT WORTH Jennings Towrilhows
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 10 16-4
Revised April 2, 2014
00 52 43 - 1
Developer Awarded Project Agreement
Page 1 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised June 16, 2016
SECTION 00 52 43 1
AGREEMENT 2
THIS AGREEMENT, authorized on ______________is made by and between the Developer, 3
(817 Mahti, LLC ), authorized to do business in Texas (“Developer”), and Kaminski Custom 4
Builders, LLC., authorized to do business in Texas, acting by and through its duly authorized 5
representative, (“Contractor”). 6
Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 7
follows: 8
Article 1. WORK 9
Contractor shall complete all Work as specified or indicated in the Contract Documents for the 10
Project identified herein. 11
Article 2. PROJECT 12
The project for which the Work under the Contract Documents may be the whole or only a part is 13
generally described as follows: 14
Jenning Townhomes__________________________________________________________ 15
102163______________________________________________________ 16
Article 3. CONTRACT TIME 17
3.1 Time is of the essence. 18
All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 19
Documents are of the essence to this Contract. 20
3.2 Final Acceptance. 21
The Work will be complete for Final Acceptance within 180 working days after the date 22
when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 23
City Conditions of the Construction Contract for Developer Awarded Projects. 24
3.3 Liquidated damages 25
Contractor recognizes that time is of the essence of this Agreement and that Developer 26
will suffer financial loss if the Work is not completed within the times specified in 27
Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 28
the Standard City Conditions of the Construction Contract for Developer Awarded 29
Projects. The Contractor also recognizes the delays, expense and difficulties involved in 30
proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 31
completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 32
that as liquidated damages for delay (but not as a penalty), Contractor shall pay 33
Developer One Hundred Dollars ($100) for each day that expires after the time specified 34
in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 35
Acceptance. 36
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 _Seventy Seven Thousand Three Hundred
40 Seventeen —Dollars ($77,317.37 ).
41 Article 5. CONTRACT DOCUMENTS
42 5.1 CONTENTS:
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
A. The Contract Documents which comprise the entire agreement between Developer and
Contractor concerning the Work consist of the following:
1. This Agreement.
2. Attachments to this Agreement:
a. Bid Form (As provided by Developer)
1) Proposal Form (DAP Version)
2) Prequalification Statement
3) State and Federal documents (project specific)
b. Insurance ACORD Form(s)
c. Payment Bond (DAP Version)
d. Performance Bond (DAP Version)
e. Maintenance Bond (DAP Version)
f. Power of Attorney for the Bonds
g. Worker's Compensation Affidavit
h. MBE and/or SBE Commitment Form (If required)
3. Standard City General Conditions of the Construction Contract for Developer
Awarded Projects.
4. Supplementary Conditions.
5. Specifications specifically made a part of the Contract Documents by attachment
or, if not attached, as incorporated by reference and described in the Table of
Contents of the Project's Contract Documents.
6. Drawings.
7. Addenda.
8. Documentation submitted by Contractor prior to Notice of Award.
9. The following which may be delivered or issued after the Effective Date of the
Agreement and, if issued, become an incorporated part of the Contract Documents:
a. Notice to Proceed.
b. Field Orders.
c. Change Orders.
d. Letter of Final Acceptance.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS
Revised June 16, 2016
Jennings Townhoines
102163
005243-3
Developer Awarded Project Agreement
Page 3 of 4
75 Article 6. INDEMNIFICATION
76 6.1 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 performed
79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
80 under this contract. This indemnification provision is specifically intended to operate
81 and be effective even if it is alleEed or proven that all or some of the damaEes beinE
82 souEht were caused, in whole or in part, by any act, omission or neElh!ence of the city.
83 This indemnity provision is intended to include, without limitation, indemnity for
84 costs, expenses and legal fees incurred by the city in defending against such claims and
85 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 be effective even if it is alleged or
93 proven that all or some of the damaees beinE souEht were caused, in whole or in part,
94 by anv act, omission or neEliEence of the citv.
95
96 Article 7. MISCELLANEOUS
97 7.1 Terms.
98 Terms used in this Agreement are defined in Article I 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
III 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 Jennings Townhanes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 102163
Revised June 16, 2016
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 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple
122 counterparts.
123
124 This Agreement is effective as of the last date signed by the Parties ("Effective Date").
125
126
Contractor: Developer:
Kaminski Custom Builders LLC
By: _ B
(Signature) (Signa ure)
Bruce Kaminiski Tom Malone
(Printed Name) (Printed Name)
Title: Owner Title: Partner
Company Name:Kaminski Custom Company name:817 Mahtia LLC
Builders LLC
PO Box 1764 Address:814 Pennsylvania Ave.
Addison, Texas 75001 Fort Worth, Texas 76104
City/State/Zip: City/State/Zip:
Date Date
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 102163
Revised June 16, 2016
Bond No. NTX6564
00 61 25 - 1
PROJECT RECORD DOCUMENTS
Page 1 nf 3
SECTION 00 6213
PERFORMANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, Kaminski Custom Builders LLC known as
"Principal" herein and Merchants National Bonding, Inc.
p , a corporate
surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as
"Surety" herein (whether one or more), are held and firmly bound unto the Developer, S I T
Malitia LLC. authorized to do business in Texas ("Developer") and the City of Fort Wordix a
Texas municipal corporation ("City"), in the penal sum of,
Thousand, Three Hundred Seventeen and 37/100 Dollars ($ 61,317.37
lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the
payment of which sum well and truly to be made jointly unto the Developer and the City as dual
obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, Developer and City have entered into an Agreement for the construction of
community facilities in the City of Fort Worth by and through a Community Facilities Agreement,
CFA Number 19-0125 and
WHEREAS, the Principal has entered into a certain written contract with the Developer awarded
the 14th day of February 20 20 ;which Contract is hereby referred to and made a
part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor
and other accessories defined by law, in the prosecution of the Work, including any Change
Orders, as provided for in said Contract designated as Jennings Townhomes
NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall
faithfully perform it obligations under the Contract and shall in all respects duly and faithfully
perform the Work, including Change Orders, under the Contract, according to the plans,
specifications, and contract documents therein referred to, and as well during any period of
extension of the Contract that may be granted on the part of the Developer and/or City, then this
obligation shall be and become null and void, otherwise to remain in full force and effect.
CITY OF FORT WORTH Jennings Townkomes
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 102163
Revised January 31, 2012
00 61 25 - 2
PROJECT RECORD DOCUMENTS
Page 2 of 3
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division.
This bond is made and executed in compliance with the provisions of Chapter 2253 of the
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said statue.
IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED
this instrument by duly authorized agents and officers on this the 14
February 2020 .
(Principal) Sect etary
Witness as to P incipal
� k�LW 0
Witness to Surety
day of
PRINCIPAL:
Kaminski Custom Builders LLC
BY: /
Signature
Bruce Kaminski - President
Name and Title
Address: PO Box 1764
Addison, TX 75001
SURETY:
Merchants National Bonding, Inc. -
BY:
Signature
Massimo Schirru - Attorney -In -Fact
Name and Title
Address: 2736 Valley View Lane
Farmers Branch, TX 75
Telephone Number: 972-239-2663
*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 Jennings Townhomes
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 102163
Revised January 31, 2012
Bond No. NTX6564
00 61 25 - I
PROJECT RECORD DOCUMENTS
Page I of 2
SECTION 00 6214
PAYMENT BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS!
COUNTY OF TARRANT §
That we, Kaminski Custom Builders LLC known as
"Principal" herein, and Merchants National Bonding, Inc. , a
corporate surety ( or sureties if more than one), duly authorized to do business in the State of Texas,
known as "Surety" herein (whether one or more), are held and firmly bound unto the
Developer, 817 Mathia LLC. authorized to do business in Texas "(Developer"), and the City
of Fort Worth, a Texas municipal corporation ("City"), in the penal sum
of Sixty -One Thousand, Three Hundred Seventeen and 37/100Dollars ($ 61,317.37 )
lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment
of which sum well and truly be made jointly unto the Developer and the City as dual obligees, we
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents:
WHEREAS, Developer and City have entered into an Agreement for the construction of
community facilities in the City of Fort Worth, by and through a Community Facilities Agreement,
CFA Number 19-0125 and
WHEREAS, Principal has entered into'a certain written Contract with Developer, awarded
the 14th day of February , 2020 which Contract is hereby referred to
and made a part hereof for all purposes as if fully set forth herein, to furnish all materials,
equipment, labor and other accessories as defined by law, in the prosecution of the Work as
provided for in said Contract and designated as Jennings Townhownes
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
the Contract, then this obligation shall be and become null and void; otherwise to remain in full
force and effect.
CITY OF FORT WORTH Jermrnbs Tonwhomes
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 102163
Revised January 31, 2012
0061 25 - 2
PROJECT RECORD DOCUMENTS
Page 2 of 2
This bond is made and executed in compliance with the provisions of Chapter 2253 of the
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said statute.
IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
this instrument by duly authorized agents and officers on this the 14th day of
February 2020
PRINCIPAL:
Kaminski Custom Builders LLC
ATTEST: BY: / r
Signature
1! 1—* -1
G
(Principal) S cretary
i
Witness as t Principal
Bruce Kaminski - President
Name and Title
Address: PO Box 1764
Addison, TX 75001
SURETY:
Merchants National Bonding, Inc.
VIP
ATTEST: BY:
\42 Ll-� ---
Signature
Massimo Schirru - Attorney -In -Fact
(Suret Secretary Name and Title
Address: 2736 Valley View Lane
XNIN4L�
Farmers Branch, Tx 75234
W tness as to Surety
Telephone Number: 972-239-2663
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 Jennings Townhoynes
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 102163
Revised January 31, 2012
Bond No. NTX6564
00 61 25 - I
PROJECT RECORD DOCUMENTS
Page I of 2
SECTION 00 6214
PAYMENT BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS!
COUNTY OF TARRANT §
That we, Kaminski Custom Builders LLC known as
"Principal" herein, and Merchants National Bonding, Inc. , a
corporate surety ( or sureties if more than one), duly authorized to do business in the State of Texas,
known as "Surety" herein (whether one or more), are held and firmly bound unto the
Developer, 817 Mathia LLC. authorized to do business in Texas "(Developer"), and the City
of Fort Worth, a Texas municipal corporation ("City"), in the penal sum
of Sixty -One Thousand, Three Hundred Seventeen and 37/100Dollars ($ 61,317.37 )
lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment
of which sum well and truly be made jointly unto the Developer and the City as dual obligees, we
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents:
WHEREAS, Developer and City have entered into an Agreement for the construction of
community facilities in the City of Fort Worth, by and through a Community Facilities Agreement,
CFA Number 19-0125 and
WHEREAS, Principal has entered into'a certain written Contract with Developer, awarded
the 14th day of February , 2020 which Contract is hereby referred to
and made a part hereof for all purposes as if fully set forth herein, to furnish all materials,
equipment, labor and other accessories as defined by law, in the prosecution of the Work as
provided for in said Contract and designated as Jennings Townhownes
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
the Contract, then this obligation shall be and become null and void; otherwise to remain in full
force and effect.
CITY OF FORT WORTH Jermrnbs Tonwhomes
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 102163
Revised January 31, 2012
0061 25 - 2
PROJECT RECORD DOCUMENTS
Page 2 of 2
This bond is made and executed in compliance with the provisions of Chapter 2253 of the
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said statute.
IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
this instrument by duly authorized agents and officers on this the 14th day of
February 2020
PRINCIPAL:
Kaminski Custom Builders LLC
ATTEST: BY: / r
Signature
1! 1—* -1
G
(Principal) S cretary
i
Witness as t Principal
Bruce Kaminski - President
Name and Title
Address: PO Box 1764
Addison, TX 75001
SURETY:
Merchants National Bonding, Inc.
VIP
ATTEST: BY:
\42 Ll-� ---
Signature
Massimo Schirru - Attorney -In -Fact
(Suret Secretary Name and Title
Address: 2736 Valley View Lane
XNIN4L�
Farmers Branch, Tx 75234
W tness as to Surety
Telephone Number: 972-239-2663
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 Jennings Townhoynes
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 102163
Revised January 31, 2012
Bond No. NTX6564
00 61 25 - 1
PROJECT RECORD DOCUMENTS
Page I of 3
SECTION 00 6219
MAINTENANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we Kaminski Custom Builders LLC
known as
"Principal" herein and Merchants National Bonding, Inc. , a corporate surety
(sureties, if more than one) duly authorized to do business in the State of Texas, known as
"Surety" herein (whether one or more), are held and firmly bound unto the Developer, 8 1
Malltia LLC. authorized to do business in Texas ("Developer") and the City of Fort. Worth, a
Texas municipal corporation ("City"), in the sum
Of Sixty -One Thousand, Three Hundred Seventeen and 37/100 Dollars ($ 61 ,31 7.37
lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment
of which sum well and truly be made jointly unto the Developer and the City as dual obligees and
their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, Developer and City have entered into an Agreement for the construction of
community facilities in the City of Fort Worth by and through a Community Facilities Agreement,
CFA Number 19-0125 and
WHEREAS, the Principal has entered into a certain written contract with the Developer
awarded the 14th day of February 20 20 . which Contract is
hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all.
materials, equipment labor and other accessories as defined by law, in the prosecution of the
Work, including any Work resulting from a duly authorized Change Order (collectively herein,
the "Work") as provided for in said Contract and designated as Jennings ToK idwines and
WHEREAS, Principal binds itself to use such materials and to so construct the Work in
accordance with the plans, specifications and Contract Documents that the Work is and will
remain free from defects in materials or workmanship for and during the period of two (2) years
after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and
CITY OF FORT WORTH Jennings Toµ•nhomes
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS I02163
Revised January 31, 2012
0061 25 - 2
PROJECT RECORD DOCUMENTS
Page 2 of 3
WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
upon receiving notice from the Developer and/or City of the need thereof at any time within the
Maintenance Period.
NOW THEREFORE, the condition of this obligation is such that if Principal shall
remedy any defective Work, for which timely notice was provided by Developer or City, to a
completion satisfactory to the City, then this obligation shall become null and void; otherwise to
remain in full force and effect.
PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely
noticed defective Work, it is agreed that the Developer or City may cause any and all such
defective Work to be repaired and/or reconstructed with all associated costs thereof being borne
by the Principal and the Surety under this Maintenance Bond; and
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division; and
PROVIDED FURTHER, that this obligation shall be continuous in nature and
successive recoveries may be had hereon for successive breaches.
CITY OF FORT WORTH Jennings Townhomes
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 102163
Revised January 31, 2012
006125-3
PROJECT RECORD DOCUMENTS
Page 3 of 3
IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
instrument by duly authorized agents and officers on this the 14th day of Februa
, 20 20 .
ATTEST:
t C•I
(Principal) Secre ry
Witness as to Pt' cipal
ATTEST:
( uret Secretary
Witness as to Surety
PRINCIPAL:
Kaminski Custom Builders LLC
BY:�4 cu o / 1
Signature
Bruce Kaminski - President
Name and Title
Address: PO Box 1764
Addison, TX 75001
SURETY:
Merchants National Bonding, Inc.
BY: I �%
Signature ,j
Massimo Schirru - Attorney -In -Fact
Name and Title
Address: 2736 Valley View Lane
Farmers Branch, Tx 75234
Telephone Number: 972-239-2663
*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.
The date of the bond shall not be prior to the date the Contract is awarded.
CITY OF FORT WORTH Jennings Townhomes
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 10216.3
Revised January 31, 2012
Bond No. NTX6564
MERCHANT'S��
BONDING COMPANY,
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
Jill Schirru; Massimo Schirru; Michael N Rudberg; Tayler K Owen
their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11 th day of February 2020
.•••P11.. Nq� • • CU,j�••
`� PO e 'o •• MERCHANTS BONDING COMPANY (MUTUAL)
R4,,�OvoAP0Aq�9y` � MERCHANT NATIONAL BONDING, INC.
5 2 _a_ C2
2003 1933 c. By 7
'•.�W �J?•• •.�ly \1 •• President
STATE OF IOWA """"'� • • •"•
COUNTY OF DALLAS ss.
On this 11th day of February 2020 before me appeared Larry Taylor, to me personally known, who being by me duly swom
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
A,VLIAZ s POLLY MASON
o y Commission Number 750576q
My Commission Expires
• ��vP ° January 07, 2023 Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby
certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof
POA 0018 (1/20)
I have hereunto set my hand and affixed the seal of the Companies on this 14th day of February 2020
�:
_ 2003
Q . 1933 C
Secretary
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
STANDARD CITY CONDITIONS
OF THE CONSTRUCTION CONTRACT
FOR DEVELOPER AWARDED PROJECTS
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
STANDARD CITY CONDITIONS OF THE
CONSTRUCTION CONTRACT
FOR DEVELOPER AWARDED PROJECTS
TABLE OF CONTENTS
Page
Article 1 – Definitions and Terminology .......................................................................................................... 1
1.01 Defined Terms ............................................................................................................................... 1
1.02 Terminology .................................................................................................................................. 5
Article 2 – Preliminary Matters ......................................................................................................................... 6
2.01 Before Starting Construction ........................................................................................................ 6
2.02 Preconstruction Conference .......................................................................................................... 6
2.03 Public Meeting .............................................................................................................................. 6
Article 3 – Contract Documents and Amending ............................................................................................... 6
3.01 Reference Standards ..................................................................................................................... 6
3.02 Amending and Supplementing Contract Documents .................................................................. 6
Article 4 – Bonds and Insurance ....................................................................................................................... 7
4.01 Licensed Sureties and Insurers ..................................................................................................... 7
4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7
4.03 Certificates of Insurance ............................................................................................................... 7
4.04 Contractor’s Insurance .................................................................................................................. 9
4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12
Article 5 – Contractor’s Responsibilities ........................................................................................................ 12
5.01 Supervision and Superintendent ................................................................................................. 12
5.02 Labor; Working Hours ................................................................................................................ 13
5.03 Services, Materials, and Equipment ........................................................................................... 13
5.04 Project Schedule .......................................................................................................................... 14
5.05 Substitutes and “Or-Equals” ....................................................................................................... 14
5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16
5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16
5.08 Wage Rates.................................................................................................................................. 18
5.09 Patent Fees and Royalties ........................................................................................................... 19
5.10 Laws and Regulations ................................................................................................................. 19
5.11 Use of Site and Other Areas ....................................................................................................... 19
5.12 Record Documents ...................................................................................................................... 20
5.13 Safety and Protection .................................................................................................................. 21
5.14 Safety Representative ................................................................................................................. 21
5.15 Hazard Communication Programs ............................................................................................. 22
5.16 Submittals .................................................................................................................................... 22
5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
5.18 Indemnification ........................................................................................................................... 24
5.19 Delegation of Professional Design Services .............................................................................. 24
5.20 Right to Audit: ............................................................................................................................ 25
5.21 Nondiscrimination....................................................................................................................... 25
Article 6 – Other Work at the Site ................................................................................................................... 26
6.01 Related Work at Site ................................................................................................................... 26
Article 7 – City’s Responsibilities................................................................................................................... 26
7.01 Inspections, Tests, and Approvals .............................................................................................. 26
7.02 Limitations on City’s Responsibilities ....................................................................................... 26
7.03 Compliance with Safety Program ............................................................................................... 27
Article 8 – City’s Observation Status During Construction ........................................................................... 27
8.01 City’s Project Representative ..................................................................................................... 27
8.02 Authorized Variations in Work .................................................................................................. 27
8.03 Rejecting Defective Work .......................................................................................................... 27
8.04 Determinations for Work Performed .......................................................................................... 28
Article 9 – Changes in the Work ..................................................................................................................... 28
9.01 Authorized Changes in the Work ............................................................................................... 28
9.02 Notification to Surety .................................................................................................................. 28
Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28
10.01 Change of Contract Price ............................................................................................................ 28
10.02 Change of Contract Time............................................................................................................ 28
10.03 Delays .......................................................................................................................................... 28
Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29
11.01 Notice of Defects ........................................................................................................................ 29
11.02 Access to Work ........................................................................................................................... 29
11.03 Tests and Inspections .................................................................................................................. 29
11.04 Uncovering Work ....................................................................................................................... 30
11.05 City May Stop the Work ............................................................................................................. 30
11.06 Correction or Removal of Defective Work ................................................................................ 30
11.07 Correction Period ........................................................................................................................ 30
11.08 City May Correct Defective Work ............................................................................................. 31
Article 12 – Completion .................................................................................................................................. 32
12.01 Contractor’s Warranty of Title ................................................................................................... 32
12.02 Partial Utilization ........................................................................................................................ 32
12.03 Final Inspection ........................................................................................................................... 32
12.04 Final Acceptance ......................................................................................................................... 33
Article 13 – Suspension of Work .................................................................................................................... 33
13.01 City May Suspend Work ............................................................................................................ 33
Article 14 – Miscellaneous .............................................................................................................................. 34
14.01 Giving Notice .............................................................................................................................. 34
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
14.02 Computation of Times ................................................................................................................ 34
14.03 Cumulative Remedies ................................................................................................................. 34
14.04 Survival of Obligations ............................................................................................................... 35
14.05 Headings ...................................................................................................................................... 35
00 73 10- 1
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 1 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
ARTICLE 1 – DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in these General Conditions or in other Contract Documents, the terms listed
below have the meanings indicated which are applicable to both the singular and plural thereof,
and words denoting gender shall include the masculine, feminine and neuter. Said terms are
generally capitalized or written in italics, but not always. When used in a context consistent with
the definition of a listed-defined term, the term shall have a meaning as defined below whether
capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
1. Agreement - The written instrument which is evidence of the agreement between Developer
and Contractor covering the Work
2. Asbestos—Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
3. Business Day – A business day is defined as a day that the City conducts normal business,
generally Monday through Friday, except for federal or state holidays observed by the City.
4. Buzzsaw – City’s on-line, electronic document management and collaboration system.
5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight.
6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by,
its governing body through its City Manager, his designee, or agents authorized pursuant to
its duly authorized charter on his behalf.
7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City
for the Construction of one or more following public facilities within the City public right-of-
way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs.
A CFA may include private facilities within the right-of-way dedicated as private right-of-
way or easement on a recorded plat.
8. Contract—The entire and integrated written document incorporating the Contract
Documents between the Developer, Contractor, and/or City concerning the Work. The
Contract supersedes prior negotiations, representations, or agreements, whether written or
oral.
9. Contract Documents—Those items that make up the contract and which must include the
Agreement, and it’s attachments such as standard construction specifications, standard City
Conditions, other general conditions of the Developer, including:
a. An Agreement
00 73 10- 2
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 2 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
b. Attachments to the Agreement
i. Bid Form
ii. Vendor Compliance with State Law Non-Resident Bidder
iii. Prequalification Statement
c. Current Prevailing Wage Rates Table (if required by City)
d. Insurance Accord Form
e. Payment Bond
f. Performance Bond
g. Maintenance Bond
h. Power of Attorney for Bonds
i. Workers Compensation Affidavit
j. MWBE Commitment Form( If required by City)
k. General Conditions
l. Supplementary Conditions
m. The Standard City Conditions
n. Specifications specifically made part of the Contract Documents by attachment, if
not attached, as incorporated by reference and described in the Table of Contents of
the Project’s Contract Documents
o. Drawings
p. Documentation submitted by contractor prior to Notice of Award.
q. The following which may be delivered or issued after the effective date if the
Agreement and, if issued become an incorporated part of the Contract Documents
i. Notice to Proceed
ii. Field Orders
iii. Change Orders
iv. Letters of Final Acceptance
r. Approved Submittals, other Contractor submittals, and the reports and drawings of
subsurface and physical conditions are not Contract Documents.
10. Contractor—The individual or entity with whom Developer has entered into the Agreement.
11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day.
12. Developer – An individual or entity that desires to make certain improvements within the
City of Fort Worth
13. Drawings—That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Submittals are not Drawings as so defined.
14. Engineer—The licensed professional engineer or engineering firm registered in the State of
Texas performing professional services for the Developer.
15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor
that the Work specified in the Contract Documents has been completed to the satisfaction of
the City.
00 73 10- 3
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 3 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
16. Final Inspection – Inspection carried out by the City to verify that the Contractor has
completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in
conformance with the Contract Documents.
17. General Requirements—A part of the Contract Documents between the Developer and a
Contractor.
18. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes,
and orders of any and all governmental bodies, agencies, authorities, and courts having
jurisdiction.
19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
20. Milestone—A principal event specified in the Contract Documents relating to an
intermediate Contract Time prior to Final Acceptance of the Work.
21. Non-Participating Change Order—A document, which is prepared for and reviewed by the
City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or
revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on
or after the Effective Date of the Agreement.
22. Participating Change Order—A document, which is prepared for and approved by the City,
which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or
revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on
or after the Effective Date of the Agreement.
23. Plans – See definition of Drawings.
24. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with
the General Requirements, describing the sequence and duration of the activities comprising
the Contractor’s plan to accomplish the Work within the Contract Time.
25. Project—The Work to be performed under the Contract Documents.
26. Project Representative—The authorized representative of the City who will be assigned to
the Site.
27. Public Meeting – An announced meeting conducted by the Developer to facilitate public
participation and to assist the public in gaining an informed view of the Project.
28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday
thru Friday (excluding legal holidays).
29. Samples—Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
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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 a part of the Work at the Site.
35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for Contractor and submitted by
Contractor to illustrate some portion of the Work.
36. Superintendent – The representative of the Contractor who is available at all times and able
to receive instructions from the City and/or Developer and to act for the Contractor.
37. Supplementary Conditions—That part of the Contract Documents which amends or
supplements the General Conditions.
38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having
a direct contract with Contractor or with any Subcontractor to furnish materials or
equipment to be incorporated in the Work by Contractor or Subcontractor.
39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any
encasements containing such facilities, including but not limited to, those that convey
electricity, gases, steam, liquid petroleum products, telephone or other communications,
cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or
other control systems.
40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday,
Sunday or legal holiday, as approved in advance by the City.
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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.
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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
1. Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision or instruction shall be effective to assign to City, or any of its officers,
directors, members, partners, employees, agents, consultants, or subcontractors, any duty or
authority to supervise or direct the performance of the Work or any duty or authority to
undertake responsibility inconsistent with the provisions of the Contract Documents.
3.02 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by a Participating Change Order or a
Non-Participating Change Order.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work not involving a change in Contract Price or Contract Time, may be
authorized, by one or more of the following ways:
1. A Field Order;
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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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1. The certificate of insurance shall document the City, an as “Additional Insured” on all
liability policies.
2. The Contractor’s general liability insurance shall include a, “per project” or “per location”,
endorsement, which shall be identified in the certificate of insurance provided to the City.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in
the current A.M. Best Property & Casualty Guide
4. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of City is required.
5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor
of the City. In addition, the Contractor agrees to waive all rights of subrogation against the
Engineer (if applicable), and each additional insured identified in these Standard City
Conditions. Failure of the City to demand such certificates or other evidence of full
compliance with the insurance requirements or failure of the City to identify a deficiency
from evidence that is provided shall not be construed as a waiver of Contractor’s obligation
to maintain such lines of insurance coverage.
6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If
coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is claims-made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Contract and for three (3) years following Final
Acceptance provided under the Contract Documents or for the warranty period, whichever is
longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
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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.
1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in
an amount not less than the following amounts:
a. Automobile Liability - a commercial business policy shall provide coverage on "Any
Auto", defined as autos owned, hired and non-owned.
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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:
1. The Contractor’s construction activities will require its employees, agents, subcontractors,
equipment, and material deliveries to cross railroad properties and tracks owned and
operated by: ____________________________________________________________
Write the name of the railroad company. (If none, then write none)
2. The Contractor shall conduct its operations on railroad properties in such a manner as not to
interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use
or operation of its/their trains or other property. Such operations on railroad properties may
require that Contractor to execute a “Right of Entry Agreement” with the particular railroad
company or companies involved, and to this end the Contractor should satisfy itself as to the
requirements of each railroad company and be prepared to execute the right-of-entry (if any)
required by a railroad company. The requirements specified herein likewise relate to the
Contractor’s use of private and/or construction access roads crossing said railroad company’s
properties.
3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions
shall provide coverage for not less than the following amounts, issued by companies
satisfactory to the City and to the Railroad Company for a term that continues for so long as
the Contractor’s operations and work cross, occupy, or touch railroad property:
a. General Aggregate: _____________________________________
Enter limits provided by Railroad Company (If none, write none)
b. Each Occurrence: : _____________________________________
Enter limits provided by Railroad Company (If none, write none)
4. With respect to the above outlined insurance requirements, the following shall govern:
a. Where a single railroad company is involved, the Contractor shall provide one insurance
policy in the name of the railroad company. However, if more than one grade separation
or at-grade crossing is affected by the Project at entirely separate locations on the line or
lines of the same railroad company, separate coverage may be required, each in the
amount stated above.
b. Where more than one railroad company is operating on the same right-of-way or where
several railroad companies are involved and operated on their own separate rights-of-
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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.
5. No work or activities on a railroad company’s property to be performed by the Contractor
shall be commenced until the Contractor has furnished the City with an original policy or
policies of the insurance for each railroad company named, as required above. All such
insurance must be approved by the City and each affected Railroad Company prior to the
Contractor’s beginning work.
6. The insurance specified above must be carried until all Work to be performed on the railroad
right-of-way has been completed and the grade crossing, if any, is no longer used by the
Contractor. In addition, insurance must be carried during all maintenance and/or repair work
performed in the railroad right-of-way. Such insurance must name the railroad company as
the insured, together with any tenant or lessee of the railroad company operating over tracks
involved in the Project.
E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation
or other loss of insurance coverage. Contractor shall stop work until replacement insurance has
been procured. There shall be no time credit for days not worked pursuant to this section.
4.05 Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the Developer and City shall so notify the
Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence
requested). Contractor shall provide to the City such additional information in respect of insurance
provided as the Developer or City may reasonably request. If Contractor does not purchase or
maintain all of the bonds and insurance required by the Contract Documents, the Developer or City
shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure
to maintain prior to any change in the required coverage.
ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES
5.01 Supervision and Superintendent
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
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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.
1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by
Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an “or-equal” item, in which
case review and approval of the proposed item may, in City’s sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. City determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service; and
b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time; and
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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 01 25 00 and:
1) shall certify that the proposed substitute item will:
i. perform adequately the functions and achieve the results called for by the general
design;
ii. be similar in substance to that specified;
iii. be suited to the same use as that specified; and
2) will state:
i. the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor’s achievement of final completion on time;
ii. whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
iii. whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
i. all variations of the proposed substitute item from that specified;
ii. available engineering, sales, maintenance, repair, and replacement services; and
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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 31st day after the date the City receives the information, as to whether
good cause exists to believe that the violation occurred. The City shall notify in writing the
Contractor or Subcontractor and any affected worker of its initial determination. Upon the
City’s determination that there is good cause to believe the Contractor or Subcontractor has
violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or
claimants as the difference between wages paid and wages due under the prevailing wage rates,
such amounts being subtracted from successive progress payments pending a final determination
of the violation.
D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of
Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected
worker, shall be submitted to binding arbitration in accordance with the Texas General
Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any
affected worker does not resolve the issue by agreement before the 15th day after the date the
City makes its initial determination pursuant to Paragraph C above. If the persons required to
arbitrate under this section do not agree on an arbitrator before the 11th day after the date that
arbitration is required, a district court shall appoint an arbitrator on the petition of any of the
persons. The City is not a party in the arbitration. The decision and award of the arbitrator is
final and binding on all parties and may be enforced in any court of competent jurisdiction.
E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3)
years following the date of acceptance of the work, maintain records that show (i) the name and
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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:
1. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
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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.
3. City’s review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Section 01 33 00 and City has given written acceptance of each
such variation by specific written notation thereof incorporated in or accompanying the
Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for
complying with the requirements of the Contract Documents.
5.17 Contractor’s General Warranty and Guarantee
A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor’s warranty and guarantee.
B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
2. normal wear and tear under normal usage.
C. Contractor’s obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor’s obligation to
perform the Work in accordance with the Contract Documents:
1. observations by City;
2. recommendation or payment by City or Developer of any progress or final payment;
3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by
City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal by City;
6. any inspection, test, or approval by others; or
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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 INDEMNIFICATION PROVISION IS SPECIFICALLY
INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR
PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE
CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF
THE CITY.
5.19 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out Contractor’s responsibilities for construction means, methods,
techniques, sequences and procedures.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, City
will specify all performance and design criteria that such services must satisfy. Contractor shall
cause such services or certifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittals prepared by such professional. Submittals related to the Work designed or certified
by such professional, if prepared by others, shall bear such professional’s written approval when
submitted to City.
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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.
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7.03 Compliance with Safety Program
While at the Site, City’s employees and representatives shall comply with the specific applicable
requirements of Contractor’s safety programs of which City has been informed pursuant to
Paragraph 5.13.
ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION
8.01 City’s Project Representative
City will provide one or more Project Representative(s) during the construction period. The duties
and responsibilities and the limitations of authority of City’s representative during construction are
set forth in the Contract Documents.
A. City’s Project Representative will make visits to the Site at intervals appropriate to the various
stages of construction as City deems necessary in order to observe the progress that has been
made and the quality of the various aspects of Contractor’s executed Work. Based on
information obtained during such visits and observations, City’s Project Representative will
determine, in general, if the Work is proceeding in accordance with the Contract Documents.
City’s Project Representative will not be required to make exhaustive or continuous inspections
on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts
will be directed toward providing City a greater degree of confidence that the completed Work
will conform generally to the Contract Documents.
B. City’s Project Representative’s visits and observations are subject to all the limitations on
authority and responsibility in the Contract Documents.
8.02 Authorized Variations in Work
City’s Project Representative may authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the Contract Price or the Contract
Time and are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on City Developer, and also on Contractor, who shall perform the Work involved promptly.
8.03 Rejecting Defective Work
City will have authority to reject Work which City’s Project Representative believes to be defective,
or will not produce a completed Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. City will have authority to conduct special inspection or
testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or
completed.
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 28 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
8.04 Determinations for Work Performed
Contractor will determine the actual quantities and classifications of Work performed. City’s Project
Representative will review with Contractor the preliminary determinations on such matters before
rendering a written recommendation. City’s written decision will be final (except as modified to
reflect changed factual conditions or more accurate data).
ARTICLE 9 – CHANGES IN THE WORK
9.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, City may, at any time or
from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall
promptly proceed with the Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise specifically provided). Extra Work
shall be memorialized by a Participating Change Order which may or may not precede an order
of Extra work.
B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a
project with City participation, a Field Order may be issued by the City.
9.02 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s
responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the
effect of any such change.
ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME
10.01 Change of Contract Price
A. The Contract Price may only be changed by a Participating Change Order for projects with City
participation.
10.02 Change of Contract Time
A. The Contract Time may only be changed by a Participating Change Order for projects with City
participation.
10.03 Delays
A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
00 73 10- 29
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 29 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
11.01 Notice of Defects
Notice of all defective Work of which City has actual knowledge will be given to Contractor.
Defective Work may be rejected, corrected, or accepted as provided in this Article 13.
11.02 Access to Work
City, independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them of
Contractor’s safety procedures and programs so that they may comply therewith as applicable.
11.03 Tests and Inspections
A. Contractor shall give City timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any
of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full
responsibility for arranging and obtaining such independent inspections, tests, retests or
approvals, pay all costs in connection therewith, and furnish City the required certificates of
inspection or approval; excepting, however, those fees specifically identified in the
Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR)
inspections, which shall be paid as described in the Supplementary Conditions.
C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or
equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment
submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work.
Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by
City.
D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to
perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by
City.
1. City will coordinate such Testing to the extent possible, with Contractor;
2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 30 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the
Testing Lab by Contractor. City will forward all invoices for retests to
Developer/Contractor.
4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance
until the Testing Lab is Paid
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of City, Contractor shall, if requested by City, uncover
such Work for observation.
11.04 Uncovering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s
expense.
11.05 City May Stop the Work
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials
or equipment, or fails to perform the Work in such a way that the completed Work will conform to
the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until
the cause for such order has been eliminated; however, this right of City to stop the Work shall not
give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any
Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent
of any of them.
11.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to
an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has
been rejected by City, remove it from the Project and replace it with Work that is not defective.
Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such correction
or removal (including but not limited to all costs of repair or replacement of work of others).
Failure to require the removal of any defective Work shall not constitute acceptance of such
Work.
B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07,
Contractor shall take no action that would void or otherwise impair City’s special warranty and
guarantee, if any, on said Work.
11.07 Correction Period
A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 31 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
Documents), any Work is found to be defective, or if the repair of any damages to the land or
areas made available for Contractor’s use by City or permitted by Laws and Regulations as
contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without
cost to City and in accordance with City’s written instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by City, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement (including
but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.
C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 11.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of one year after the end
of the initial correction period. City shall provide 30 days written notice to Contractor and
Developer should such additional warranty coverage be required. Contractor’s obligations under
this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this
Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any
applicable statute of limitation or repose.
11.08 City May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with Paragraph
11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such
deficiency.
B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor’s services related thereto, and incorporate in the Work all materials and equipment
incorporated in the Work, stored at the Site or for which City has paid Contractor but which are
00 73 10- 32
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 32 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants,
employees, and City’s other contractors, access to the Site to enable City to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph
13.09 will be charged against Contractor, and a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work; and City shall be
entitled to an appropriate decrease in the Contract Price.
D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City’s rights and remedies under this
Paragraph 11.09.
ARTICLE 12 – COMPLETION
12.01 Contractor’s Warranty of Title
Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment will pass to City no later than the time of Final Acceptance and shall be
free and clear of all Liens.
12.02 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which
City, determines constitutes a separately functioning and usable part of the Work that can be
used by City for its intended purpose without significant interference with Contractor’s
performance of the remainder of the Work. City at any time may notify Contractor in writing to
permit City to use or occupy any such part of the Work which City determines to be ready for its
intended use, subject to the following conditions:
1. Contractor at any time may notify City in writing that Contractor considers any such part of
the Work ready for its intended use.
2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and
Contractor shall make an inspection of that part of the Work to determine its status of
completion. If City does not consider that part of the Work to be substantially complete, City
will notify Contractor in writing giving the reasons therefor.
3. Partial Utilization will not constitute Final Acceptance by City.
12.03 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 33 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
1. within 10 days, City will schedule a Final Inspection with Contractor.
2. City will notify Contractor in writing of all particulars in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
12.04 Final Acceptance
A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the
Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction
of the following:
1. All documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.03;
2. consent of the surety, if any, to Final Acceptance;
3. a list of all pending or released Damage Claims against City that Contractor believes are
unsettled; and
4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to
City) of all Lien rights arising out of or Liens filed in connection with the Work.
5. after all Damage Claims have been resolved:
a. directly by the Contractor or;
b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s
insurance provider for resolution.
6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or
other requirements of the Contract Documents which specifically continue thereafter.
ARTICLE 13 – SUSPENSION OF WORK
13.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor
shall resume the Work on the date so fixed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will stop contract time on City
participation projects.
B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or negligence of the Contractor, and should it be determined by
mutual consent of the Contractor and City that a solution to allow construction to proceed is not
00 73 10- 34
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 34 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
available within a reasonable period of time, Contractor may request an extension in Contract
Time, directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and he shall take every precaution to prevent damage or
deterioration of the work performed; he shall provide suitable drainage about the work, and erect
temporary structures where necessary.
ARTICLE 14 – MISCELLANEOUS
14.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
1. delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving party.
14.02 Computation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last
day of the period.
14.03 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
00 73 10- 35
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 35 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
14.04 Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
14.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
01 11 00- 1
Summary of Work
Page 1 of 3
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102163
Revised December 20, 2012
SECTION 01 11 00
SUMMARY OF WORK
GENERAL
SUMMARY
A. Section Includes:
1. Summary of Work to be performed in accordance with the Contract Documents
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract
2. Division 1 - General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. Work Covered by Contract Documents
1. Work is to include 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.
01 11 00- 2
Summary of Work
Page 2 of 3
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102163
Revised December 20, 2012
b. Excavated and waste materials shall be stored in such a way as not to interfere
with the use of spaces that may be designated to be left free and unobstructed
and so as not to inconvenience occupants of adjacent property.
c. If the street is occupied by railroad tracks, the Work shall be carried on in such
manner as not to interfere with the operation of the railroad.
All Work shall be in accordance with railroad requirements set forth in Division
0 as well as the railroad permit.
D. Work within Easements
1. Do not enter upon private property for any purpose without having previously
obtained permission from the owner of such property.
2. Do not store equipment or material on private property unless and until the
specified approval of the property owner has been secured in writing by the
Contractor and a copy furnished to the City.
3. Unless specifically provided otherwise, clear all rights-of-way or easements of
obstructions which must be removed to make possible proper prosecution of the
Work as a part of the project construction operations.
4. Preserve and use every precaution to prevent damage to, all trees, shrubbery,
plants, lawns, fences, culverts, curbing, and all other types of structures or
improvements, to all water, sewer, and gas lines, to all conduits, overhead pole
lines, or appurtenances thereof, including the construction of temporary fences
and to all other public or private property adjacent to the Work.
5. Notify the proper representatives of the owners or occupants of the public or
private lands of interest in lands which might be affected by the Work.
a. Such notice shall be made at least 48 hours in advance of the beginning of
the Work.
b. Notices shall be applicable to both public and private utility companies and
any corporation, company, individual, or other, either as owners or
occupants, whose land or interest in land might be affected by the Work.
c. Be responsible for all damage or injury to property of any character
resulting from any act, omission, neglect, or misconduct in the manner or
method or execution of the Work, or at any time due to defective work,
material, or equipment.
6. Fence
a. Restore all fences encountered and removed during construction of the
Project to the original or a better than original condition.
b. Erect temporary fencing in place of the fencing removed whenever the
Work is not in progress and when the site is vacated overnight, and/or at all
times to provide site security.
c. The cost for all fence work within easements, including removal, temporary
closures and replacement, shall be subsidiary to the various items bid in the
project proposal, unless a bid item is specifically provided in the proposal.
01 11 00- 3
Summary of Work
Page 3 of 3
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102163
Revised December 20, 2012
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
01 31 19 - 1
Preconstruction Meeting
Page 1 of 3
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised August 30, 2013
SECTION 01 31 19
PRECONSTRUCTION MEETING
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Provisions for the preconstruction meeting to be held prior to the start of Work to
clarify construction contract administration procedures
B. Deviations from this City of Fort Worth Standard Specification
1. No construction schedule required unless requested by the City.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 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. Coordination
1. Attend preconstruction meeting.
2. Representatives of Contractor, subcontractors and suppliers attending meetings
shall be qualified and authorized to act on behalf of the entity each represents.
3. Meeting administered by City may be tape recorded.
a. If recorded, tapes will be used to prepare minutes and retained by City for
future reference.
B. Preconstruction Meeting
1. A preconstruction meeting will be held within 14 days after the delivery of the
distribution package to the City.
The meeting will be scheduled and administered by the City.
2. The Project Representative will preside at the meeting, prepare the notes of the
meeting and distribute copies of same to all participants who so request by fully
completing the attendance form to be circulated at the beginning of the meeting.
3. Attendance shall include:
a. Developer and Consultant
b. Contractor's project manager
c. Contractor's superintendent
d. Any subcontractor or supplier representatives whom the Contractor may
desire to invite or the City may request
01 31 19 - 2
Preconstruction Meeting
Page 2 of 3
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised August 30, 2013
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
l. 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
jj. Questions or Comments
01 31 19 - 3
Preconstruction Meeting
Page 3 of 3
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised August 30, 2013
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
01 33 00 - 1
DAP Submittals
Page 1 of 8
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised August 30, 2013
SECTION 01 33 00
DAP SUBMITTALS
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. General methods and requirements of submissions applicable to the following Work-
related submittals:
a. Shop Drawings
b. Product Data (including Standard Product List submittals)
c. Samples
d. Mock Ups
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various items bid. No
separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. Coordination
1. Notify the City in writing, at the time of submittal, of any deviations in the submittals
from the requirements of the Contract Documents.
2. Coordination of Submittal Times
a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing
the related Work or other applicable activities, or within the time specified in the
individual Work Sections, of the Specifications.
b. Contractor is responsible such that the installation will not be delayed by processing
times including, but not limited to:
a) Disapproval and resubmittal (if required)
b) Coordination with other submittals
c) Testing
d) Purchasing
e) Fabrication
f) Delivery
Similar sequenced activities
c. No extension of time will be authorized because of the Contractor's failure to
transmit submittals sufficiently in advance of the Work.
01 33 00 - 2
DAP Submittals
Page 2 of 8
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised August 30, 2013
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 ½ inches x 11 inches to 8 ½ inches x 11inches.
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
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2. The Project title and number
3. Contractor identification
4. The names of:
a. Contractor
b. Supplier
c. Manufacturer
5. Identification of the product, with the Specification Section number, page and
paragraph(s)
6. Field dimensions, clearly identified as such
7. Relation to adjacent or critical features of the Work or materials
8. Applicable standards, such as ASTM or Federal Specification numbers
9. Identification by highlighting of deviations from Contract Documents
10. Identification by highlighting of revisions on resubmittals
11. An 8-inch x 3-inch blank space for Contractor and City stamps
F. Shop Drawings
1. As specified in individual Work Sections includes, but is not necessarily limited to:
a. Custom-prepared data such as fabrication and erection/installation (working)
drawings
b. Scheduled information
c. Setting diagrams
d. Actual shopwork manufacturing instructions
e. Custom templates
f. Special wiring diagrams
g. Coordination drawings
h. Individual system or equipment inspection and test reports including:
1) Performance curves and certifications
i. As applicable to the Work
2. Details
a. Relation of the various parts to the main members and lines of the structure
b. Where correct fabrication of the Work depends upon field measurements
Provide such measurements and note on the drawings prior to submitting for
approval.
G. Product Data
1. For submittals of product data for products included on the City’s Standard Product
List, clearly identify each item selected for use on the Project.
2. For submittals of product data for products not included on the City’s Standard
Product List, submittal data may include, but is not necessarily limited to:
a. Standard prepared data for manufactured products (sometimes referred to as
catalog data)
1) Such as the manufacturer's product specification and installation instructions
2) Availability of colors and patterns
3) Manufacturer's printed statements of compliances and applicability
4) Roughing-in diagrams and templates
5) Catalog cuts
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6) Product photographs
7) Standard wiring diagrams
8) Printed performance curves and operational-range diagrams
9) Production or quality control inspection and test reports and certifications
10) Mill reports
11) Product operating and maintenance instructions and recommended spare-parts
listing and printed product warranties
12) As applicable to the Work
H. Samples
1. As specified in individual Sections, include, but are not necessarily limited to:
a. Physical examples of the Work such as:
1) Sections of manufactured or fabricated Work
2) Small cuts or containers of materials
3) Complete units of repetitively used products color/texture/pattern swatches and
range sets
4) Specimens for coordination of visual effect
5) Graphic symbols and units of Work to be used by the City for independent
inspection and testing, as applicable to the Work
I. Do not start Work requiring a shop drawing, sample or product data nor any material to be
fabricated or installed prior to the approval or qualified approval of such item.
1. Fabrication performed, materials purchased or on-site construction accomplished which
does not conform to approved shop drawings and data is at the Contractor's risk.
2. The City will not be liable for any expense or delay due to corrections or remedies
required to accomplish conformity.
3. Complete project Work, materials, fabrication, and installations in conformance with
approved shop drawings, applicable samples, and product data.
J. Submittal Distribution
1. Electronic Distribution
a. Confirm development of Project directory for electronic submittals to be uploaded
to City’s Buzzsaw site, or another external FTP site approved by the City.
b. Shop Drawings
1) Upload submittal to designated project directory and notify appropriate City
representatives via email of submittal posting.
2) Hard Copies
a) 3 copies for all submittals
b) If Contractor requires more than 1 hard copy of Shop Drawings returned,
Contractor shall submit more than the number of copies listed above.
c. Product Data
1) Upload submittal to designated project directory and notify appropriate City
representatives via email of submittal posting.
2) Hard Copies
a) 3 copies for all submittals
d. Samples
1) Distributed to the Project Representative
2. Hard Copy Distribution (if required in lieu of electronic distribution)
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
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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
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1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the
notations and comments IS NOT required by the Contractor.
a. The Contractor may release the equipment or material for manufacture;
however, all notations and comments must be incorporated into the final
product.
c. Code 3
1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned
when notations and comments are extensive enough to require a resubmittal of
the package.
a) The Contractor may release the equipment or material for manufacture;
however, all notations and comments must be incorporated into the final
product.
b) This resubmittal is to address all comments, omissions and non-conforming
items that were noted.
c) Resubmittal is to be received by the City within 15 Calendar Days of the
date of the City's transmittal requiring the resubmittal.
d. Code 4
1) "NOT APPROVED" is assigned when the submittal does not meet the intent of
the Contract Documents.
a) The Contractor must resubmit the entire package revised to bring the
submittal into conformance.
b) It may be necessary to resubmit using a different manufacturer/vendor to
meet the Contract Documents.
6. Resubmittals
a. Handled in the same manner as first submittals
1) Corrections other than requested by the City
2) Marked with revision triangle or other similar method
a) At Contractor’s risk if not marked
b. Submittals for each item will be reviewed no more than twice at the City’s expense.
1) All subsequent reviews will be performed at times convenient to the City and at
the Contractor's expense, based on the City's or City Representative’s then
prevailing rates.
2) Provide Contractor reimbursement to the City within 30 Calendar Days for all
such fees invoiced by the City.
c. The need for more than 1 resubmission or any other delay in obtaining City's
review of submittals, will not entitle the Contractor to an extension of Contract
Time.
7. Partial Submittals
a. City reserves the right to not review submittals deemed partial, at the City’s
discretion.
b. Submittals deemed by the City to be not complete will be returned to the
Contractor, and will be considered "Not Approved" until resubmitted.
c. The City may at its option provide a list or mark the submittal directing the
Contractor to the areas that are incomplete.
8. If the Contractor considers any correction indicated on the shop drawings to constitute a
change to the Contract Documents, then written notice must be provided thereof to the
Developer at least 7 Calendar Days prior to release for manufacture.
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
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9. When the shop drawings have been completed to the satisfaction of the City, the
Contractor may carry out the construction in accordance therewith and no further
changes therein except upon written instructions from the City.
10. Each submittal, appropriately coded, will be returned within 30 Calendar Days
following receipt of submittal by the City.
L. Mock ups
1. Mock Up units as specified in individual Sections, include, but are not necessarily
limited to, complete units of the standard of acceptance for that type of Work to be used
on the Project. Remove at the completion of the Work or when directed.
M. Qualifications
If specifically required in other Sections of these Specifications, submit a P.E. Certification
for each item required.
N. Request for Information (RFI)
1. Contractor Request for additional information
a. Clarification or interpretation of the contract documents
b. When the Contractor believes there is a conflict between Contract Documents
c. When the Contractor believes there is a conflict between the Drawings and
Specifications
1) Identify the conflict and request clarification
2. Sufficient information shall be attached to permit a written response without further
information.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised August 30, 2013
PART 2 – PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days
01 35 13- 1
Special Project Procedures
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised August, 30, 2013
SECTION 01 35 13
SPECIAL PROJECT PROCEDURES
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. The procedures for special project circumstances that includes, but is not limited to:
a. Coordination with the Texas Department of Transportation
b. Work near High Voltage Lines
c. Confined Space Entry Program
d. Air Pollution Watch Days
e. Use of Explosives, Drop Weight, Etc.
f. Water Department Notification
g. Public Notification Prior to Beginning Construction
h. Coordination with United States Army Corps of Engineers
i. Coordination within Railroad permits areas
j. Dust Control
k. Employee Parking
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
3. Section 33 12 25 – Connection to Existing Water Mains
1.2 REFERENCES
A. Reference Standards
1. Reference standards cited in this Specification refer to the current reference standard
published at the time of the latest revision date logged at the end of this Specification,
unless a date is specifically cited.
2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High
Voltage Overhead Lines.
3. North Central Texas Council of Governments (NCTCOG) – Clean Construction
Specification
1.3 ADMINISTRATIVE REQUIREMENTS
A. Coordination with the Texas Department of Transportation
1. When work in the right-of-way which is under the jurisdiction of the Texas Department
of Transportation (TxDOT):
a. Notify the Texas Department of Transportation prior to commencing any work
therein in accordance with the provisions of the permit
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b. All work performed in the TxDOT right-of-way shall be performed in compliance
with and subject to approval from the Texas Department of Transportation
B. Work near High Voltage Lines
1. Regulatory Requirements
a. All Work near High Voltage Lines (more than 600 volts measured between
conductors or between a conductor and the ground) shall be in accordance with
Health and Safety Code, Title 9, Subtitle A, Chapter 752.
2. Warning sign
a. Provide sign of sufficient size meeting all OSHA requirements.
3. Equipment operating within 10 feet of high voltage lines will require the following
safety features
a. Insulating cage-type of guard about the boom or arm
b. Insulator links on the lift hook connections for back hoes or dippers
c. Equipment must meet the safety requirements as set forth by OSHA and the safety
requirements of the owner of the high voltage lines
4. Work within 6 feet of high voltage electric lines
a. Notification shall be given to:
1) The power company (example: ONCOR)
a) Maintain an accurate log of all such calls to power company and record
action taken in each case.
b. Coordination with power company
1) After notification coordinate with the power company to:
a) Erect temporary mechanical barriers, de-energize the lines, or raise or lower
the lines
c. No personnel may work within 6 feet of a high voltage line before the above
requirements have been met.
C. Confined Space Entry Program
1. Provide and follow approved Confined Space Entry Program in accordance with OSHA
requirements.
2. Confined Spaces include:
a. Manholes
b. All other confined spaces in accordance with OSHA’s Permit Required for
Confined Spaces
D. Use of Explosives, Drop Weight, Etc.
1. When Contract Documents permit on the project the following will apply:
a. Public Notification
1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior
to commencing.
2) Minimum 24 hour public notification in accordance with Section 01 31 13
E. Water Department Coordination
1. During the construction of this project, it will be necessary to deactivate, for a
period of time, existing lines. The Contractor shall be required to coordinate with
the Water Department to determine the best times for deactivating and activating
those lines.
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
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2. Coordinate any event that will require connecting to or the operation of an existing
City water line system with the City’s representative.
a. Coordination shall be in accordance with Section 33 12 25.
b. If needed, obtain a hydrant water meter from the Water Department for use
during the life of named project.
c. In the event that a water valve on an existing live system be turned off and
on to accommodate the construction of the project is required, coordinate
this activity through the appropriate City representative.
1) Do not operate water line valves of existing water system.
a) Failure to comply will render the Contractor in violation of Texas
Penal Code Title 7, Chapter 28.03 (Criminal Mischief) and the
Contractor will be prosecuted to the full extent of the law.
b) In addition, the Contractor will assume all liabilities and
responsibilities as a result of these actions.
F. Public Notification Prior to Beginning Construction
1. Prior to beginning construction on any block in the project, on a block by block
basis, prepare and deliver a notice or flyer of the pending construction to the front
door of each residence or business that will be impacted by construction. The notice
shall be prepared as follows:
a. Post notice or flyer 7 days prior to beginning any construction activity on each
block in the project area.
1) Prepare flyer on the Contractor’s letterhead and include the following
information:
a) Name of Project
b) City Project No (CPN)
c) Scope of Project (i.e. type of construction activity)
d) Actual construction duration within the block
e) Name of the contractor’s foreman and phone number
f) Name of the City’s inspector and phone number
g) City’s after-hours phone number
2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit A.
3) Submit schedule showing the construction start and finish time for each block
of the project to the inspector.
4) Deliver flyer to the City Inspector for review prior to distribution.
b. No construction will be allowed to begin on any block until the flyer is delivered to
all residents of the block.
G. Public Notification of Temporary Water Service Interruption during Construction
1. In the event it becomes necessary to temporarily shut down water service to
residents or businesses during construction, prepare and deliver a notice or flyer of
the pending interruption to the front door of each affected resident.
2. Prepared notice as follows:
a. The notification or flyer shall be posted 24 hours prior to the temporary
interruption.
b. Prepare flyer on the contractor’s letterhead and include the following information:
1) Name of the project
2) City Project Number
3) Date of the interruption of service
4) Period the interruption will take place
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5) Name of the contractor’s foreman and phone number
6) Name of the City’s inspector and phone number
c. A sample of the temporary water service interruption notification is attached as
Exhibit B.
d. Deliver a copy of the temporary interruption notification to the City inspector for
review prior to being distributed.
e. No interruption of water service can occur until the flyer has been delivered to all
affected residents and businesses.
f. Electronic versions of the sample flyers can be obtained from the Project
Construction Inspector.
H. Coordination with United States Army Corps of Engineers (USACE)
1. At locations in the Project where construction activities occur in areas where USACE
permits are required, meet all requirements set forth in each designated permit.
I. Coordination within Railroad Permit Areas
1. At locations in the project where construction activities occur in areas where railroad
permits are required, meet all requirements set forth in each designated railroad permit.
This includes, but is not limited to, provisions for:
a. Flagmen
b. Inspectors
c. Safety training
d. Additional insurance
e. Insurance certificates
f. Other employees required to protect the right-of-way and property of the Railroad
Company from damage arising out of and/or from the construction of the project.
Proper utility clearance procedures shall be used in accordance with the permit
guidelines.
2. Obtain any supplemental information needed to comply with the railroad’s
requirements.
J. Dust Control
1. Use acceptable measures to control dust at the Site.
a. If water is used to control dust, capture and properly dispose of waste water.
b. If wet saw cutting is performed, capture and properly dispose of slurry.
K. Employee Parking
1. Provide parking for employees at locations approved by the City.
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised August, 30, 2013
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]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
8/31/2012 D. Johnson
1.3.B – Added requirement of compliance with Health and Safety Code, Title 9.
Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines.
01 35 13- 6
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Revised August, 30, 2013
EXHIBIT A
(To be printed on Contractor’s Letterhead)
Date:
CPN No.:
Project Name:
Mapsco Location:
Limits of Construction:
THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT
WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR
PROPERTY.
CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF
THIS NOTICE.
IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER
ISSUE, PLEASE CALL:
Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.>
OR
Mr. <CITY INSPECTOR> AT < TELEPHONE NO.>
AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306
PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL
01 35 13- 7
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised August, 30, 2013
EXHIBIT B
01 45 23- 1
Testing and Inspection Services
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised August 30, 2013
SECTION 01 45 23
TESTING AND INSPECTION SERVICES
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Testing and inspection services procedures and coordination
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
a. Contractor is responsible for performing, coordinating, and payment of all
Quality Control testing.
b. City is responsible for performing and payment for first set of Quality
Assurance testing.
1) If the first Quality Assurance test performed by the City fails, the
Contractor is responsible for payment of subsequent Quality Assurance
testing until a passing test occurs.
a) Final acceptance will not be issued by City until all required payments
for testing by Contractor have been paid in full.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. Testing
1. Complete testing in accordance with the Contract Documents.
2. Coordination
a. When testing is required to be performed by the City, notify City, sufficiently
in advance, when testing is needed.
b. When testing is required to be completed by the Contractor, notify City,
sufficiently in advance, that testing will be performed.
3. Distribution of Testing Reports
a. Electronic Distribution
1) Confirm development of Project directory for electronic submittals to be
uploaded to City’s Buzzsaw site, or another form of distribution approved
by the City.
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
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2) Upload test reports to designated project directory and notify appropriate
City representatives via email of submittal posting.
3) Hard Copies
a) 1 copy for all submittals submitted to the Project Representative
b. Hard Copy Distribution (if required in lieu of electronic distribution)
1) Tests performed by City
a) Distribute 1 hard copy to the Contractor
2) Tests performed by the Contractor
a) Distribute 3 hard copies to City’s Project Representative
4. Provide City’s Project Representative with trip tickets for each delivered
load of Concrete or Lime material including the following information:
a. Name of pit
b. Date of delivery
c. Material delivered
B. Inspection
1. Inspection or lack of inspection does not relieve the Contractor from obligation to
perform work in accordance with the Contract Documents.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
00 61 25 - 1
Temporary Facilities and Controls
Page 1 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised JULY 1, 2011
SECTION 01 50 00
TEMPORARY FACILITIES AND CONTROLS
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Provide temporary facilities and controls needed for the Work including, but not
necessarily limited to:
a. Temporary utilities
b. Sanitary facilities
c. Storage Sheds and Buildings
d. Dust control
e. Temporary fencing of the construction site
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. Temporary Utilities
1. Obtaining Temporary Service
a. Make arrangements with utility service companies for temporary services.
b. Abide by rules and regulations of utility service companies or authorities
having jurisdiction.
c. Be responsible for utility service costs until Work is approved for Final
Acceptance.
1) Included are fuel, power, light, heat and other utility services necessary for
execution, completion, testing and initial operation of Work.
2. Water
a. Contractor to provide water required for and in connection with Work to be
performed and for specified tests of piping, equipment, devices or other use as
required for the completion of the Work.
b. Provide and maintain adequate supply of potable water for domestic
consumption by Contractor personnel and City’s Project Representatives.
c. Coordination
1) Contact City 1 week before water for construction is desired
00 61 25 - 2
Temporary Facilities and Controls
Page 2 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised JULY 1, 2011
d. Contractor Payment for Construction Water
1) Obtain construction water meter from City for payment as billed by City’s
established rates.
3. Electricity and Lighting
a. Provide and pay for electric powered service as required for Work, including
testing of Work.
Provide power for lighting, operation of equipment, or other use.
b. Electric power service includes temporary power service or generator to
maintain operations during scheduled shutdown.
4. Telephone
a. Provide emergency telephone service at Site for use by Contractor personnel
and others performing work or furnishing services at Site.
5. Temporary Heat and Ventilation
a. Provide temporary heat as necessary for protection or completion of Work.
b. Provide temporary heat and ventilation to assure safe working conditions.
B. Sanitary Facilities
1. Provide and maintain sanitary facilities for persons on Site.
a. Comply with regulations of State and local departments of health.
2. Enforce use of sanitary facilities by construction personnel at job site.
a. Enclose and anchor sanitary facilities.
b. No discharge will be allowed from these facilities.
c. Collect and store sewage and waste so as not to cause nuisance or health
problem.
d. Haul sewage and waste off-site at no less than weekly intervals and properly
dispose in accordance with applicable regulation.
3. Locate facilities near Work Site and keep clean and maintained throughout Project.
4. Remove facilities at completion of Project
C. Storage Sheds and Buildings
1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor
above ground level for materials and equipment susceptible to weather damage.
2. Storage of materials not susceptible to weather damage may be on blocks off
ground.
3. Store materials in a neat and orderly manner.
a. Place materials and equipment to permit easy access for identification,
inspection and inventory.
4. Equip building with lockable doors and lighting, and provide electrical service for
equipment space heaters and heating or ventilation as necessary to provide storage
environments acceptable to specified manufacturers.
5. Fill and grade site for temporary structures to provide drainage away from
temporary and existing buildings.
6. Remove building from site prior to Final Acceptance.
D. Temporary Fencing
1. Provide and maintain for the duration or construction when required in contract
documents
E. Dust Control
00 61 25 - 3
Temporary Facilities and Controls
Page 3 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised JULY 1, 2011
1. Contractor is responsible for maintaining dust control through the duration of the
project.
a. Contractor remains on-call at all times
b. Must respond in a timely manner
F. Temporary Protection of Construction
1. Contractor or subcontractors are responsible for protecting Work from damage due
to weather.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
3.1 INSTALLERS [NOT USED]
3.2 EXAMINATION [NOT USED]
3.3 PREPARATION [NOT USED]
3.4 INSTALLATION
A. Temporary Facilities
1. Maintain all temporary facilities for duration of construction activities as needed.
3.5 [REPAIR] / [RESTORATION]
3.6 RE-INSTALLATION
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
A. Temporary Facilities
00 61 25 - 4
Temporary Facilities and Controls
Page 4 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised JULY 1, 2011
1. Remove all temporary facilities and restore area after completion of the Work,
to a condition equal to or better than prior to start of Work.
3.12 PROTECTION [NOT USED]
3.13 MAINTENANCE [NOT USED]
3.14 ATTACHMENTS [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
01 55 26 - 1
Street Use Permit and Modifications to Traffic Control
Page 1 of 3
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised July 1, 2011
SECTION 01 55 26
STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Administrative procedures for:
a. Street Use Permit
b. Modification of approved traffic control
c. Removal of Street Signs
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
3. Section 34 71 13 – Traffic Control
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES
A. Reference Standards
1. Reference standards cited in this specification refer to the current reference standard
published at the time of the latest revision date logged at the end of this
specification, unless a date is specifically cited.
2. Texas Manual on Uniform Traffic Control Devices (TMUTCD).
1.4 ADMINISTRATIVE REQUIREMENTS
A. Traffic Control
1. General
a. When traffic control plans are included in the Drawings, provide Traffic
Control in accordance with Drawings and Section 34 71 13.
b. When traffic control plans are not included in the Drawings, prepare traffic
control plans in accordance with Section 34 71 13 and submit to City for
review.
1) Allow minimum 10 working days for review of proposed Traffic Control.
B. Street Use Permit
1. Prior to installation of Traffic Control, a City Street Use Permit is required.
a. To obtain Street Use Permit, submit Traffic Control Plans to City
Transportation and Public Works Department.
01 55 26 - 2
Street Use Permit and Modifications to Traffic Control
Page 2 of 3
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised July 1, 2011
1) Allow a minimum of 5 working days for permit review.
2) Contractor’s responsibility to coordinate review of Traffic Control plans for
Street Use Permit, such that construction is not delayed.
C. Modification to Approved Traffic Control
1. Prior to installation traffic control:
a. Submit revised traffic control plans to City Department Transportation and
Public Works Department.
1) Revise Traffic Control plans in accordance with Section 34 71 13.
2) Allow minimum 5 working days for review of revised Traffic Control.
3) It is the Contractor’s responsibility to coordinate review of Traffic Control
plans for Street Use Permit, such that construction is not delayed.
D. Removal of Street Sign
1. If it is determined that a street sign must be removed for construction, then contact
City Transportation and Public Works Department, Signs and Markings Division to
remove the sign.
E. Temporary Signage
1. In the case of regulatory signs, replace permanent sign with temporary sign meeting
requirements of the latest edition of the Texas Manual on Uniform Traffic Control
Devices (MUTCD).
2. Install temporary sign before the removal of permanent sign.
3. When construction is complete, to the extent that the permanent sign can be
reinstalled, contact the City Transportation and Public Works Department, Signs
and Markings Division, to reinstall the permanent sign.
F. Traffic Control Standards
1. Traffic Control Standards can be found on the City’s Buzzsaw website.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
01 55 26 - 3
Street Use Permit and Modifications to Traffic Control
Page 3 of 3
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised July 1, 2011
Revision Log
DATE NAME SUMMARY OF CHANGE
00 61 25 - 1
Storm Water Pollution Prevention
Page 1 of 3
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised July 1, 2011
SECTION 01 57 13
STORM WATER POLLUTION PREVENTION
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Procedures for Storm Water Pollution Prevention Plans
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the
Contract
2. Division 1 – General Requirements
3. Section 31 25 00 – Erosion and Sediment Control
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Construction Activities resulting in less than 1 acre of disturbance
A. Work associated with this Item is considered subsidiary to the various Items
bid. No separate payment will be allowed for this Item.
2. Construction Activities resulting in greater than 1 acre of disturbance
Measurement and Payment shall be in accordance with Section 31 25 00.
1.3 REFERENCES
A. Abbreviations and Acronyms
1. Notice of Intent: NOI
2. Notice of Termination: NOT
3. Storm Water Pollution Prevention Plan: SWPPP
4. Texas Commission on Environmental Quality: TCEQ
5. Notice of Change: NOC
B. Reference Standards
1. Reference standards cited in this Specification refer to the current reference
standard published at the time of the latest revision date logged at the end of this
Specification, unless a date is specifically cited.
2. Integrated Storm Management (iSWM) Technical Manual for Construction
Controls
1.4 ADMINISTRATIVE REQUIREMENTS
A. General
1. Contractor is responsible for resolution and payment of any fines issued associated
with compliance to Stormwater Pollution Prevention Plan.
00 61 25 - 2
Storm Water Pollution Prevention
Page 2 of 3
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised July 1, 2011
B. Construction Activities resulting in:
1. Less than 1 acre of disturbance
a. Provide erosion and sediment control in accordance with Section 31 25 00 and
Drawings.
2. 1 to less than 5 acres of disturbance
a. Texas Pollutant Discharge Elimination System (TPDES) General Construction
Permit is required
b. Complete SWPPP in accordance with TCEQ requirements
1) TCEQ Small Construction Site Notice Required under general permit
TXR150000
a) Sign and post 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 31 25 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 31 25 00
b) The Drawings
c) TXR150000 General Permit
d) SWPPP
e) TCEQ requirements
4) Once the project has been completed and all the closeout requirements of
TCEQ have been met a TCEQ Notice of Termination can be submitted.
a) Send copy to City Department of Transportation and Public Works,
Environmental Division, (817) 392-6088.
1.5 SUBMITTALS
A. SWPPP
1. Submit in accordance with Section 01 33 00, except as stated herein.
a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City
as follows:
1) 1 copy to the City Project Manager
a) City Project Manager will forward to the City Department of
Transportation and Public Works, Environmental Division for review
00 61 25 - 3
Storm Water Pollution Prevention
Page 3 of 3
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised July 1, 2011
B. Modified SWPPP
1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City
in accordance with Section 01 33 00.
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - -PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
00 61 25 - 1
Product Requirements
Page 1 of 2
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
SECTION 01 60 00
PRODUCT REQUIREMENTS
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. References for Product Requirements and City Standard Products List
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 [NOT USED]
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. A list of City approved products for use is located on Buzzsaw as follows:
1. Resources\02 - Construction Documents\Standard Products List
B. Only products specifically included on City’s Standard Product List in these Contract
Documents shall be allowed for use on the Project.
1. Any subsequently approved products will only be allowed for use upon specific
approval by the City.
C. Any specific product requirements in the Contract Documents supersede similar
products included on the City’s Standard Product List.
The City reserves the right to not allow products to be used for certain projects even
though the product is listed on the City’s Standard Product List.
D. Although a specific product is included on City’s Standard Product List, not all
products from that manufacturer are approved for use, including but not limited to, that
manufacturer’s standard product.
E. See Section 01 33 00 for submittal requirements of Product Data included on City’s
Standard Product List.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
00 61 25 - 2
Product Requirements
Page 2 of 2
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
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
10/12/12 D. Johnson Modified Location of City’s Standard Product List
4/7/2014 M.Domenech Revised for DAP application
01 66 00 - 1
Product Storage and handling Requirements
Page 1 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
SECTION 01 66 00
PRODUCT STORAGE AND HANDLING REQUIREMENTS
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Scheduling of product delivery
2. Packaging of products for delivery
3. Protection of products against damage from:
a. Handling
b. Exposure to elements or harsh environments
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY AND HANDLING
A. Delivery Requirements
1. Schedule delivery of products or equipment as required to allow timely installation
and to avoid prolonged storage.
2. Provide appropriate personnel and equipment to receive deliveries.
3. Delivery trucks will not be permitted to wait extended periods of time on the Site
for personnel or equipment to receive the delivery.
01 66 00 - 2
Product Storage and handling Requirements
Page 2 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
4. Deliver products or equipment in manufacturer's original unbroken cartons or other
containers designed and constructed to protect the contents from physical or
environmental damage.
5. Clearly and fully mark and identify as to manufacturer, item and installation
location.
6. Provide manufacturer's instructions for storage and handling.
B. Handling Requirements
1. Handle products or equipment in accordance with these Contract Documents and
manufacturer’s recommendations and instructions.
C. Storage Requirements
1. Store materials in accordance with manufacturer’s recommendations and
requirements of these Specifications.
2. Make necessary provisions for safe storage of materials and equipment.
a. Place loose soil materials and materials to be incorporated into Work to prevent
damage to any part of Work or existing facilities and to maintain free access at
all times to all parts of Work and to utility service company installations in
vicinity of Work.
3. Keep materials and equipment neatly and compactly stored in locations that will
cause minimum inconvenience to other contractors, public travel, adjoining owners,
tenants and occupants.
a. Arrange storage to provide easy access for inspection.
4. Restrict storage to areas available on construction site for storage of material and
equipment as shown on Drawings, or approved by City’s Project Representative.
5. Provide off-site storage and protection when on-site storage is not adequate.
a. Provide addresses of and access to off-site storage locations for inspection by
City’s Project Representative.
6. Do not use lawns, grass plots or other private property for storage purposes without
written permission of owner or other person in possession or control of premises.
7. Store in manufacturers’ unopened containers.
8. Neatly, safely and compactly stack materials delivered and stored along line of
Work to avoid inconvenience and damage to property owners and general public
and maintain at least 3 feet from fire hydrant.
9. Keep public and private driveways and street crossings open.
10. Repair or replace damaged lawns, sidewalks, streets or other improvements to
satisfaction of City’s Project Representative.
a. Total length which materials may be distributed along route of construction at
one time is 1,000 linear feet, unless otherwise approved in writing by City’s
Project Representative.
01 66 00 - 3
Product Storage and handling Requirements
Page 3 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION
3.1 INSTALLERS [NOT USED]
3.2 EXAMINATION [NOT USED]
3.3 PREPARATION [NOT USED]
3.4 ERECTION [NOT USED]
3.5 REPAIR / RESTORATION [NOT USED]
3.6 RE-INSTALLATION [NOT USED]
3.7 FIELD [OR] SITE QUALITY CONTROL
A. Tests and Inspections
1. Inspect all products or equipment delivered to the site prior to unloading.
B. Non-Conforming Work
1. Reject all products or equipment that are damaged, used or in any other way
unsatisfactory for use on the project.
3.8 SYSTEM STARTUP [NOT USED]
3.9 ADJUSTING [NOT USED]
3.10 CLEANING [NOT USED]
3.11 CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION
A. Protect all products or equipment in accordance with manufacturer's written directions.
B. Store products or equipment in location to avoid physical damage to items while in
storage.
C. Protect equipment from exposure to elements and keep thoroughly dry if required by
the manufacturer.
3.13 MAINTENANCE [NOT USED]
3.14 ATTACHMENTS [NOT USED]
END OF SECTION
01 66 00 - 4
Product Storage and handling Requirements
Page 4 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP application
01 74 23 - 1
CLEANING
Page 1 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
SECTION 01 74 23
CLEANING
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Intermediate and final cleaning for Work not including special cleaning of closed
systems specified elsewhere
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. Scheduling
1. Schedule cleaning operations so that dust and other contaminants disturbed by
cleaning process will not fall on newly painted surfaces.
2. Schedule final cleaning upon completion of Work and immediately prior to final
inspection.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 STORAGE, AND HANDLING
A. Storage and Handling Requirements
1. Store cleaning products and cleaning wastes in containers specifically designed for
those materials.
01 74 23 - 2
CLEANING
Page 2 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS
2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED]
2.2 MATERIALS
A. Cleaning Agents
1. Compatible with surface being cleaned
2. New and uncontaminated
3. For manufactured surfaces
a. Material recommended by manufacturer
2.3 ACCESSORIES [NOT USED]
2.4 SOURCE QUALITY CONTROL [NOT USED]
PART 3 - EXECUTION
3.1 INSTALLERS [NOT USED]
3.2 EXAMINATION [NOT USED]
3.3 PREPARATION [NOT USED]
3.4 APPLICATION [NOT USED]
3.5 REPAIR / RESTORATION [NOT USED]
3.6 RE-INSTALLATION [NOT USED]
3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED]
3.8 SYSTEM STARTUP [NOT USED]
3.9 ADJUSTING [NOT USED]
3.10 CLEANING
A. General
1. Prevent accumulation of wastes that create hazardous conditions.
2. Conduct cleaning and disposal operations to comply with laws and safety orders of
governing authorities.
3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in
storm or sanitary drains or sewers.
4. Dispose of degradable debris at an approved solid waste disposal site.
5. Dispose of nondegradable debris at an approved solid waste disposal site or in an
alternate manner approved by City and regulatory agencies.
01 74 23 - 3
CLEANING
Page 3 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
6. Handle materials in a controlled manner with as few handlings as possible.
7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with
this project.
8. Remove all signs of temporary construction and activities incidental to construction
of required permanent Work.
9. If project is not cleaned to the satisfaction of the City, the City reserves the right to
have the cleaning completed at the expense of the Contractor.
10. Do not burn on-site.
B. Intermediate Cleaning during Construction
1. Keep Work areas clean so as not to hinder health, safety or convenience of
personnel in existing facility operations.
2. At maximum weekly intervals, dispose of waste materials, debris and rubbish.
3. Confine construction debris daily in strategically located container(s):
a. Cover to prevent blowing by wind
b. Store debris away from construction or operational activities
c. Haul from site at a minimum of once per week
4. Vacuum clean interior areas when ready to receive finish painting.
a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance.
5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which
may become airborne or transported by flowing water during the storm.
C. Exterior (Site or Right of Way) Final Cleaning
1. Remove trash and debris containers from site.
a. Re-seed areas disturbed by location of trash and debris containers in accordance
with Section 32 92 13.
2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object
that may hinder or disrupt the flow of traffic along the roadway.
3. Clean any interior areas including, but not limited to, vaults, manholes, structures,
junction boxes and inlets.
4. If no longer required for maintenance of erosion facilities, and upon approval by
City, remove erosion control from site.
Clean signs, lights, signals, etc.
3.11 CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION [NOT USED]
3.13 MAINTENANCE [NOT USED]
3.14 ATTACHMENTS [NOT USED]
01 74 23 - 4
CLEANING
Page 4 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP application
01 77 19 - 1
DAP CLOSEOUT REQUIREMENTS
Page 1 of 3
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
SECTION 01 77 19
CLOSEOUT REQUIREMENTS
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. The procedure for closing out a contract
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
1. 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. Guarantees, Bonds and Affidavits
1. No application for final payment will be accepted until all guarantees, bonds,
certificates, licenses and affidavits required for Work or equipment as specified are
satisfactorily filed with the City.
B. Release of Liens or Claims
1. No application for final payment will be accepted until satisfactory evidence of
release of liens has been submitted to the City.
1.5 SUBMITTALS
A. Submit all required documentation to City’s Project Representative.
01 77 19 - 2
DAP CLOSEOUT REQUIREMENTS
Page 2 of 3
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
1.6 INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
PAT 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION
3.1 INSTALLERS [NOT USED]
3.2 EXAMINATION [NOT USED]
3.3 PREPARATION [NOT USED]
3.4 CLOSEOUT PROCEDURE
A. Prior to requesting Final Inspection, submit:
1. Project Record Documents in accordance with Section 01 78 39
2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23
B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section
01 74 23.
C. Final Inspection
1. After final cleaning, provide notice to the City Project Representative that the Work
is completed.
a. The City will make an initial Final Inspection with the Contractor present.
b. Upon completion of this inspection, the City will notify the Contractor, in
writing within 10 business days, of any particulars in which this inspection
reveals that the Work is defective or incomplete.
2. Upon receiving written notice from the City, immediately undertake the Work
required to remedy deficiencies and complete the Work to the satisfaction of the
City.
3. Upon completion of Work associated with the items listed in the City's written
notice, inform the City, that the required Work has been completed. Upon receipt
of this notice, the City, in the presence of the Contractor, will make a subsequent
Final Inspection of the project.
4. Provide all special accessories required to place each item of equipment in full
operation. These special accessory items include, but are not limited to:
a. Specified spare parts
b. Adequate oil and grease as required for the first lubrication of the equipment
c. Initial fill up of all chemical tanks and fuel tanks
d. Light bulbs
e. Fuses
f. Vault keys
g. Handwheels
h. Other expendable items as required for initial start-up and operation of all
equipment
D. Notice of Project Completion
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CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
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
01 78 23 - 1
DAP OPERATION AND MAINTENANCE DATA
Page 1 of 5
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
SECTION 01 78 23
OPERATION AND MAINTENANCE DATA
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Product data and related information appropriate for City's maintenance and
operation of products furnished under Contract
2. Such products may include, but are not limited to:
a. Traffic Controllers
b. Irrigation Controllers (to be operated by the City)
c. Butterfly Valves
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 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. Schedule
1. Submit manuals in final form to the City within 30 calendar days of product
shipment to the project site.
1.5 SUBMITTALS
A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be
approved by the City prior to delivery.
1.6 INFORMATIONAL SUBMITTALS
A. Submittal Form
1. Prepare data in form of an instructional manual for use by City personnel.
2. Format
a. Size: 8 ½ inches x 11 inches
b. Paper
1) 40 pound minimum, white, for typed pages
2) Holes reinforced with plastic, cloth or metal
c. Text: Manufacturer’s printed data, or neatly typewritten
01 78 23 - 2
DAP OPERATION AND MAINTENANCE DATA
Page 2 of 5
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
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.
01 78 23 - 3
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Page 3 of 5
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
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
01 78 23 - 4
DAP OPERATION AND MAINTENANCE DATA
Page 4 of 5
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
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.
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE
A. Provide operation and maintenance data by personnel with the following criteria:
1. Trained and experienced in maintenance and operation of described products
2. Skilled as technical writer to the extent required to communicate essential data
3. Skilled as draftsman competent to prepare required drawings
01 78 23 - 5
DAP OPERATION AND MAINTENANCE DATA
Page 5 of 5
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
8/31/2012 D. Johnson 1.5.A.1 – title of section removed
4/7/2014 M.Domenech Revised for DAP Application
01 78 39 - 1
DAP PROJECT RECORD DOCUMENTS
Page 1 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
SECTION 01 78 39
PROJECT RECORD DOCUMENTS
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Work associated with the documenting the project and recording changes to project
documents, including:
a. Record Drawings
b. Water Meter Service Reports
c. Sanitary Sewer Service Reports
d. Large Water Meter Reports
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
1.3 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
1.5 SUBMITTALS
A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to
City’s Project Representative.
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE
A. Accuracy of Records
1. Thoroughly coordinate changes within the Record Documents, making adequate
and proper entries on each page of Specifications and each sheet of Drawings and
other Documents where such entry is required to show the change properly.
2. Accuracy of records shall be such that future search for items shown in the Contract
Documents may rely reasonably on information obtained from the approved Project
Record Documents.
01 78 39 - 2
DAP PROJECT RECORD DOCUMENTS
Page 2 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
3. To facilitate accuracy of records, make entries within 24 hours after receipt of
information that the change has occurred.
4. Provide factual information regarding all aspects of the Work, both concealed and
visible, to enable future modification of the Work to proceed without lengthy and
expensive site measurement, investigation and examination.
1.10 STORAGE AND HANDLING
A. Storage and Handling Requirements
1. Maintain the job set of Record Documents completely protected from deterioration
and from loss and damage until completion of the Work and transfer of all recorded
data to the final Project Record Documents.
2. In the event of loss of recorded data, use means necessary to again secure the data
to the City's approval.
a. In such case, provide replacements to the standards originally required by the
Contract Documents.
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS
2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED]
2.2 RECORD DOCUMENTS
A. Job set
1. Promptly following receipt of the Notice to Proceed, secure from the City, at no
charge to the Contractor, 1 complete set of all Documents comprising the Contract.
B. Final Record Documents
1. At a time nearing the completion of the Work and prior to Final Inspection, provide
the City 1 complete set of all Final Record Drawings in the Contract.
2.3 ACCESSORIES [NOT USED]
2.4 SOURCE QUALITY CONTROL [NOT USED]
PART 3 - EXECUTION
3.1 INSTALLERS [NOT USED]
3.2 EXAMINATION [NOT USED]
3.3 PREPARATION [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".
01 78 39 - 3
DAP PROJECT RECORD DOCUMENTS
Page 3 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
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.
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.
01 78 39 - 4
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Page 4 of 4
CITY OF FORT WORTH Jennings Townhomes
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102163
Revised April 7, 2014
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
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP Application