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Contract 53797-PM1
~ Fif:CE:!VE:D MAY 15 2020 CITY OF roRr Wo CITY SECRETAR;TH CITY SECRETARY ~.·,:-.JTRACTNO. 53191-PM l FoRrWoR TH ~ PROJECT MANUAL FOR THE CONSTRUCTION OF WATE R, SANITARY SEWER, PAVING, LIGHTING, AND DRAINAGE IMPROVEMENTS TO SERVE FORT WORTH SOUTH, BUILDING 4 SOUTHLAND BUSINESS PARK ADDITION, LOT 3, BLOCK 1 Betsy Price Mayor IPRC19-0246 CITY PROJECT NO. 102451 FID 30114-0200431-102451-E07685 FILE NO. K-2731 X-26233 Christopher P. Harder, P.E. Water Director Will iam Johnso n David Cooke City Manager Director, Transportat ion a nd Public Works Department Prepared for The City of Fort Worth 2020 Prepared by: Kimley >>> Horn ~~~! Texas Registered Engineering Firm F-928 801 Cherry Street, Suite 1300, Unit 11 Fort Worth , TX 76102 817.339.2275 Kimley-Horn No . 061289703 OFFICIAL REC ORD] CITY SECRETARY I FT. WORTH, TX ..._ ___ :_J 00 00 10- 1 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 1 of 4 CITY OF FORT WORTH IPRC19-0246 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 102451 Revised September 1, 2015 SECTION 00 00 101 TABLE OF CONTENTS2 DEVELOPER AWARDED PROJECTS3 4 5 Division 00 - General Conditions6 00 11 13 Invitation to Bidders7 00 21 13 Instructions to Bidders8 00 41 00 Bid Form9 00 42 43 Proposal Form Unit Price10 00 43 13 Bid Bond11 00 45 11 Bidders Prequalification’s12 00 45 12 Prequalification Statement13 00 45 13 Bidder Prequalification Application14 00 45 26 Contractor Compliance with Workers' Compensation Law15 00 45 40 Minority Business Enterprise Goal16 00 52 43 Agreement17 00 61 25 Certificate of Insurance18 00 62 13 Performance Bond19 00 62 14 Payment Bond20 00 62 19 Maintenance Bond21 00 72 00 General Conditions22 00 73 00 Supplementary Conditions23 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded24 Projects25 26 Division 01 - General Requirements27 01 11 00 Summary of Work28 01 25 00 Substitution Procedures29 01 31 19 Preconstruction Meeting30 01 31 20 Project Meetings31 01 32 16 Construction Progress Schedule32 01 32 33 Preconstruction Video33 01 33 00 Submittals34 01 35 13 Special Project Procedures35 01 45 23 Testing and Inspection Services36 01 50 00 Temporary Facilities and Controls37 01 55 26 Street Use Permit and Modifications to Traffic Control38 01 57 13 Storm Water Pollution Prevention Plan39 01 58 13 Temporary Project Signage40 01 60 00 Product Requirements41 01 66 00 Product Storage and Handling Requirements42 01 70 00 Mobilization and Remobilization43 01 71 23 Construction Staking44 01 71 23.16.01 Attachment A Survey Staking45 01 74 23 Cleaning46 01 77 19 Closeout Requirements47 01 78 23 Operation and Maintenance Data48 01 78 39 Project Record Documents49 00 00 10- 2 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of 4 CITY OF FORT WORTH IPRC19-0246 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 102451 Revised September 1, 2015 Technical Specifications listed below are included for this Project by reference and can be1 viewed/downloaded from the City’s Buzzsaw site at:2 3 htps://projectpoint.buzzsaw.com/client/fortworthgov/Resources/02%20-4 %20Construction%20Documents/Specifications5 6 7 Division 02 - Existing Conditions8 02 41 13 Selective Site Demolition9 02 41 14 Utility Removal/Abandonment10 02 41 15 Paving Removal11 12 Division 03 - Concrete13 03 30 00 Cast-In-Place Concrete14 03 34 13 Controlled Low Strength Material (CLSM)15 03 34 16 Concrete Base Material for Trench Repair16 03 80 00 Modifications to Existing Concrete Structures17 18 Division 26 - Electrical19 26 05 00 Common Work Results for Electrical20 26 05 10 Demolition for Electrical Systems21 26 05 33 Raceway and Boxes for Electrical Systems22 26 05 43 Underground Ducts and Raceways for Electrical Systems23 24 Division 31 - Earthwork25 31 10 00 Site Clearing26 31 23 16 Unclassified Excavation27 31 23 23 Borrow28 31 24 00 Embankments29 31 25 00 Erosion and Sediment Control30 31 36 00 Gabions31 31 37 00 Riprap32 33 Division 32 - Exterior Improvements34 32 01 17 Permanent Asphalt Paving Repair35 32 01 18 Temporary Asphalt Paving Repair36 32 01 29 Concrete Paving Repair37 32 11 23 Flexible Base Courses38 32 11 29 Lime Treated Base Courses39 32 11 33 Cement Treated Base Courses40 32 12 16 Asphalt Paving41 32 12 73 Asphalt Paving Crack Sealants42 32 13 13 Concrete Paving43 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps44 32 13 73 Concrete Paving Joint Sealants45 32 14 16 Brick Unit Paving46 32 16 13 Concrete Curb and Gutters and Valley Gutters47 32 17 23 Pavement Markings48 32 31 13 Chain Link Fences and Gates49 32 31 26 Wire Fences and Gates50 00 00 10- 3 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 3 of 4 CITY OF FORT WORTH IPRC19-0246 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 102451 Revised September 1, 2015 32 31 29 Wood Fences and Gates1 32 32 13 Cast-in-Place Concrete Retaining Walls2 32 91 19 Topsoil Placement and Finishing of Parkways3 32 92 13 Hydro-Mulching, Seeding, and Sodding4 32 93 43 Trees and Shrubs5 6 Division 33 - Utilities7 33 01 30 Sewer and Manhole Testing8 33 01 31 Closed Circuit Television (CCTV) Inspection9 33 03 10 Bypass Pumping of Existing Sewer Systems10 33 04 10 Joint Bonding and Electrical Isolation11 33 04 11 Corrosion Control Test Stations12 33 04 12 Magnesium Anode Cathodic Protection System13 33 04 30 Temporary Water Services14 33 04 40 Cleaning and Acceptance Testing of Water Mains15 33 05 10 Utility Trench Excavation, Embedment, and Backfill16 33 05 12 Water Line Lowering17 33 05 13 Frame, Cover and Grade Rings18 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade19 33 05 15 Trench Water Stops20 33 05 16 Concrete Water Vaults21 33 05 17 Concrete Collars22 33 05 20 Auger Boring23 33 05 21 Tunnel Liner Plate24 33 05 22 Steel Casing Pipe25 33 05 23 Hand Tunneling26 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate27 33 05 26 Utility Markers/Locators28 33 05 30 Exploratory Excavation for Existing Utilities29 33 11 10 Ductile Iron Pipe30 33 11 11 Ductile Iron Fittings31 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe32 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type33 33 11 14 Buried Steel Pipe and Fittings34 33 11 15 Pre-stressed Concrete Cylinder Pipe35 33 12 10 Water Services 1-inch to 2-inch36 33 12 11 Large Water Meters37 33 12 20 Resilient Seated Gate Valve38 33 12 21 AWWA Rubber-Seated Butterfly Valves39 33 12 25 Connection to Existing Water Mains40 33 12 30 Combination Air Valve Assemblies for Potable Water Systems41 33 12 40 Dry-Barrel Fire Hydrants42 33 12 50 Water Sample Stations43 33 12 60 Blow-off Valves44 33 31 12 Cured in Place Pipe (CIPP)45 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers46 33 31 15 HDPE Pipe For Sanitary Sewers (Gravity and Force Mains)47 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe48 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe49 33 31 22 Sanitary Sewer Slip Lining50 00 00 10- 4 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 4 of 4 CITY OF FORT WORTH IPRC19-0246 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 102451 Revised September 1, 2015 33 31 23 Sanitary Sewer Pipe Enlargement1 33 31 50 Sanitary Sewer Service Connections and Service Line2 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains3 33 39 10 Cast-in-Place Concrete Manholes4 33 39 20 Precast Concrete Manholes5 33 39 30 Fiberglass Manholes6 33 39 40 Wastewater Access Chamber (WAC)7 33 39 60 Epoxy Liners for Sanitary Sewer Structures8 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts9 33 41 11 HDPE Storm Sewer Pipe10 33 46 00 Sub drainage11 33 46 01 Slotted Storm Drains12 33 46 02 Trench Drains13 33 49 10 Cast-in-Place Manholes and Junction Boxes14 33 49 20 Curb and Drop Inlets15 33 49 40 Storm Drainage Headwalls and Wingwalls16 17 Division 34 – Transportation 34 41 10 Traffic Signals18 34 41 13 Removing Traffic Signals19 34 41 20 Roadway Illumination Assemblies20 34 41 30 Aluminum Signs21 34 71 13 Traffic Control22 23 24 Appendix25 GC-4.01 Availability of Lands26 GC-4.02 Subsurface and Physical Conditions27 GC-4.04 Underground Facilities28 GC-4.06 Hazardous Environmental Condition at Site29 GC-6.06.D Minority and Women Owned Business Enterprise Compliance30 GC-6.07 Wage Rates31 GC-6.09 Permits and Utilities32 GC-6.24 Nondiscrimination33 34 END OF SECTION35 00 42 43 DAP - BID PROPOSAL Page 1 of 6 1 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 0.50 $8,070.00 $4,035.00 2 3311.0141 6" Water Pipe 33 11 10, 33 11 12 LF 16 $58.00 $928.00 3 3311.0241 8" Water Pipe 33 11 10, 33 11 12 LF 49 $60.00 $2,940.00 4 3311.0341 10" Water Pipe 33 11 10, 33 11 12 LF 20 $63.00 $1,260.00 5 3312.2203 2" Water Service 33 12 10 EA 3 $3,240.00 $9,720.00 6 3312.3002 6" Gate Valve 33 12 20 EA 2 $1,185.00 $2,370.00 7 3312.3003 8" Gate Valve 33 12 20 EA 2 $1,514.00 $3,028.00 8 3312.3004 10" Gate Valve 33 12 20 EA 1 $1,200.00 $1,200.00 9 3312.3105 12" Cut-in Gate Valve 33 12 20 EA 2 $6,950.00 $13,900.00 Project Item Information UNIT I: WATER IMPROVEMENTS Unit of Measure Bidlist Item No. Bid Quantity Unit Price Bid Value SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description TOTAL UNIT I: WATER IMPROVEMENTS $39,381.00 UNIT PRICE BID Bidder's Application Specification Section No. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 00 42 43_Bid Proposal 00 42 43 DAP - BID PROPOSAL Page 2 of 6 Project Item Information Unit of Measure Bidlist Item No. Bid Quantity Unit Price Bid Value SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description UNIT PRICE BID Bidder's Application Specification Section No. 1 3305.0109 Trench Safety 33 05 10 LF 1023 $1.00 $1,023.00 2 3305.0113 Trench Water Stops 33 05 15 EA 3 $1,670.00 $5,010.00 3 3311.0251 8" DIP Water 33 11 10 LF 955 $95.00 $90,725.00 4 3311.0252 8" DIP Water, CSS Backfill 33 11 10 LF 60 $193.00 $11,580.00 5 3331.4115 8" Sewer Pipe 33 11 10, 33 31 12, 33 31 20 LF 8 $38.00 $304.00 6 3339.0001 Epoxy Manhole Liner 33 39 60 VF 31 $397.00 $12,307.00 7 3339.1001 4' Manhole 33 39 10, 33 39 20 EA 3 $5,595.00 $16,785.00 8 3339.1002 4' Drop Manhole 33 39 10, 33 39 20 EA 1 $5,872.00 $5,872.00 9 3339.1003 4' Extra Depth Manhole 33 39 10, 33 39 20 VF 40 $250.00 $10,000.00 10 9999.0002 Hydraulic Slide 00 00 00 EA 1 $300.00 $300.00 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $153,906.00 UNIT II: SANITARY SEWER IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 00 42 43_Bid Proposal 00 42 43 DAP - BID PROPOSAL Page 3 of 6 Project Item Information Unit of Measure Bidlist Item No. Bid Quantity Unit Price Bid Value SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description UNIT PRICE BID Bidder's Application Specification Section No. 1 0241.0500 Remove Fence 02 41 13 LF 1015 $2.00 $2,030.00 2 0241.1000 Remove Conc Pvmt 02 41 15 SY 1105 $8.00 $8,840.00 3 3110.0102 6"-12" Tree Removal 31 10 00 EA 2 $950.00 $1,900.00 4 3125.0101 SWPPP ≥ 1 acre 31 25 00 LS 1 $3,000.00 $3,000.00 5 3211.0400 Hydrated Lime 32 11 29 TN 45 $191.00 $8,595.00 6 3211.0502 8" Lime Treatment 32 11 29 SY 2450 $2.50 $6,125.00 7 3212.0302 2" Asphalt Pvmt Type D 32 12 16 SY 245 $27.00 $6,615.00 8 3212.0503 6" Asphalt Base Type B 32 12 16 SY 245 $5.50 $1,347.50 9 3213.0104 9" Conc Pvmt 32 13 13 SY 2090 $41.93 $87,633.70 10 3213.0301 4" Conc Sidewalk 32 13 20 SF 2750 $5.71 $15,702.50 11 3217.0501 24" SLD Pvmt Marking HAE (W)32 17 23 LF 24 $25.00 $600.00 12 3471.0001 Traffic Control 34 71 13 MO 1 $4,850.00 $4,850.00 UNIT III: PAVING IMPROVEMENTS TOTAL UNIT III: PAVING IMPROVEMENTS $147,238.70 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 00 42 43_Bid Proposal 00 42 43 DAP - BID PROPOSAL Page 4 of 6 Project Item Information Unit of Measure Bidlist Item No. Bid Quantity Unit Price Bid Value SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description UNIT PRICE BID Bidder's Application Specification Section No. 1 3341.0201 21" RCP, Class III 33 41 10 LF 31 $69.00 $2,139.00 2 3341.0205 24" RCP, Class III 33 41 10 LF 39 $78.00 $3,042.00 3 3349.5001 10' Curb Inlet 33 49 20 EA 2 $6,598.00 $13,196.00 4 9999.0001 Connect to Existing 6'x4' RCB 00 00 00 EA 1 $5,100.00 $5,100.00 UNIT IV : DRAINAGE IMPROVEMENTS TOTAL UNIT : DRAINAGE IMPROVEMENTS $23,477.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 00 42 43_Bid Proposal 00 42 43 DAP - BID PROPOSAL Page 5 of 6 Project Item Information Unit of Measure Bidlist Item No. Bid Quantity Unit Price Bid Value SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description UNIT PRICE BID Bidder's Application Specification Section No. 1 2605.0111 Furnish/Install Elec Serv Pedestal 26 05 00 EA 1 $7,056.50 $7,056.50 2 2605.3015 2" CONDT PVC SCH 80 (T)26 05 33 LF 710 $15.40 $10,934.00 3 2605.3016 2" CONDT PVC SCH 80 (B)26 05 33 LF 45 $44.90 $2,020.50 4 2605.3017 2" CONDT PVC SCH 80 For Riser w/Hardware and Conductor 26 05 00 EA 15 $32.07 $481.05 5 3305.0103 Exploratory Excavation of Existing Utilities 33 05 30 EA 15 $320.75 $4,811.25 6 3441.1409 NO 8 Insulated Elec Condr 34 41 10 LF 2510 $1.73 $4,342.30 7 3441.1502 Ground Box Type B, w/Apron 34 41 10 EA 4 $833.95 $3,335.80 8 3441.1633 Type 33B Arm 34 41 20 EA 4 $449.05 $1,796.20 9 3441.3101 100W HPS PC Lighting Fixture 34 41 20 EA 4 $449.05 $1,796.20 10 3441.3110 Install Lighting Fixture 34 41 20 EA 4 $192.45 $769.80 11 3441.3301 Rdwy Illum Foundation TY 1,2, and 4 34 41 20 EA 4 $1,475.45 $5,901.80 12 3441.3341 Rdwy Illum TY 11 Pole 34 41 20 EA 4 $1,603.75 $6,415.00 UNIT V: ILLUMINATION IMPROVEMENTS TOTAL UNIT V: ILLUMINATION IMPROVEMENTS $49,660.40 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 00 42 43_Bid Proposal 120 OO d 5 12 DAP PREQUALWICATION STAXEMENr Pagc 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work Type' box provide the complete major work type and actual description as provided by the Water Department for water and sewer and TPW for pain& Major Work Type Contractor/Subcontractor Company Name PrequaliBcation Expiration Date Earthwork Earth Basics Site Utilities Wright Construction Paving Osburn Contractors 02 07 2021 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: By, John R. Burroughs �4 A &,, i (Sign TITLE: President DATE: 03/23/2020 END OF SECTION CITY OF FORT WORTH IPRC19-0246 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 102451 Form Version September 1, 2015 Notary, See Next Sheet CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 rA�nwtary public or other officer completing this certificate verifies onlythe identity of the individual who signed the document hich this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LZS On jqpnA S, abefore me, "In't Date i " NereInsert Name sand Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person) whose name(s) isla a subscribed to the within instrument and acknowledged to me that hels+-relthey executed the same in hislberlti4eir authorized capacityk% and that by hislh�rltlieir signature* on the instrument the person(s), or the entity upon behalf of which the persork acted, executed the instrument. •.,• RENEE M. ARANQA f - ' Notary PLjbk1C - California Las Angekrs County Commission # 2277370 My .�+�•�f•rrrr Comm. Expires Feb 14. 2023 Place Notary Seal ondlor Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 7 I r Signature Signature of Notary Public QPTIUNAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Numberof Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n [thine Signer is Representing: April 8, 2020 005243-2 Developer Awarded Project Agreement Page 2 of 39 Article 4. CONTRACT PRICE 40 DeveIoper agrees to pay Contractor for performance of the Work in accordance with the Contract 41 Documents an amount in current funds of Four Hundred Thirteen Thousand Six Hundred Sixty- 42 Three AND 101100 Dollars ($413,663.10). 43 Article 5. CONTRACT DOCUMENTS 44 5.1 CONTENTS: 45 A. The Contract Documents which comprise the entire agreement between Developer and 46 Contractor concerning the Work consist of the following: 47 1. This Agreement. 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 75 76 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 IPRC19-0246 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS CPN 102451 005243-3 Developer Awarded Project Agreement Page 3 or4 77 Article 6. INDEMNIFICATION 78 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 79 expense, the city, its officers, servants and employees, from and against any and all 80 claims arising out of, or alleged to arise out of, the work and services to be performed 81 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 82 under this contract. This indemnification provision is specifically intended to operate 83 and be effective even if it is alleged or proven that all or some of the damages being 84 sought were caused, in whole or in part, by. any act, omission or negligence of the city. 85 This indemnity provision is intended to include, without limitation, indemnity for 86 costs, expenses and legal fees incurred by the city in defending against such claims and 87 causes of actions. 88 89 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 90 the city, its officers, servants and employees, from and against any and all loss, damage 91 or destruction of property of the city, arising out of, or alleged to arise out of, the work 92 and services to be performed by the contractor, its officers, agents, employees, 93 subcontractors, licensees or 'invitees under this contract. This indemnification 94 provision is specifically intended to operate and be effective even if it is alleged or 95 proven that all or some of the dama es beinjE soulzht were caused in whole or in part, 96 by anv act, omission or negligence of the city. 97 98 Article 7. MISCELLANEOUS 99 7.1 Terms. too Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of I01 the Construction Contract for Developer Awarded Projects. 102 7.2 Assignment of Contract. 103 This Agreement, including all of the Contract Documents may not be assigned by the 104 Contractor without the advanced express written consent of the Developer. 105 7.3 Successors and Assigns. 106 Developer and Contractor each binds itself, its partners, successors, assigns and legal 107 representatives to the other party hereto, in respect to all covenants, agreements and 108 obligations contained in the Contract Documents. 109 7.4 Severability. 110 Any provision or part of the Contract Documents meld to be unconstitutional, void or 111 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 112 remaining provisions shall continue to be valid and binding upon DEVELOPER and 113 CONTRACTOR. 114 7.5 Governing Law and Venue. 115 This Agreement, including all of the Contract Documents is performable in the State of 116 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 117 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH 1PRC19-0246 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN702451 118 119 7.6 Authority to Sign. 120 121 122 123 124 125 126 127 128 00 52 43 - 4 Developer Awarded Project Agreement Page 4 of 4 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts, This Agreement is effective as of the last date signed by the Parties {"Effective Date"). Contractor: Commerce Construction Co., L.P. I By: 14 - AV.. (Signature) John R. Burroughs - - residen (Printed Name) Title: Company Name: Address: 13 0-1 4fA�,6&S 11-al Al, Developer: Fort Worth Everman/Risinger Development, LLC, a Texas limited liability company By: Majestic — Everman Investor, LLC a Delaware limited liability company, its Managing Member By: Majestic Realty Co., a California corporation, ManaL-er's Agent ■1 1 (Signature) Edward P. Roski, Jr. (Printed Name) Title: President and Chairman of the Board Company name: Address: 13191 Crossroads Pkwy N, Sixth Floor City/State/Zip: C F 1A1,0W7R City/State/Zip: City of Industry, CA 91746 y17-� 2u Date Date CITY OF FORT WORTH 1PRC19-0246 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 102451 Liability Insurance Endorsement Policy Period Effective Date Policy Number Insured Name of Company Date Issued This Endorsement applies to the following forms: GENERAL LIABILITY Who is An Insured DECEMBER 13, 2019 TO DECEMBER 13, 2020 DECEMBER 13, 2019 3533-36-57 LAO MAJESTIC REALTY CO FEDERAL INSURANCE COMPANY DECEMBER 9, 2019 Linder Who Is An Insured, the following provision is added. Additional Insured - Persons or organizations shown in the Schedule are insureds; but they are insureds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy. However, the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and • with respect to damages, Ioss, cost or expense far inj ury or damage to which this insurance appl ies. No person or organization is an insured under this provision: that is more specifically identified under any other provision of the Who is An Insured section (regardless of any limitation applicable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. Liability Insurance Additional Insured - Scheduled Person Or Organ4ation continued Farm 80-02-2367 (Rev. 5-07) Endorsement Page 7 Liability Endorsement (continued) Under Conditions, the following provision is added to the condition titled Other Insurance. Conditions Other Insurance — If you are obligated, pursuant to a contract or agreement, to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy, then in such case Insurance — Scheduled this insurance is primary and we will not seek contribution from insurance available to such persost Person Or Organization or organization. Schedule Persons or organizations that you are obligated, pursuant to a contract or agreement, to provide with such insurance as is afford ed by this policy. PERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGATED, PURSUANT TO WRITTEN CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PERSON OR ORGANIZATION, TO PROVIDE WITH SUCH INSURANCE AS IS AFFORDED BY TN[S POLICY; BUT THEY ARE INSUREDS ONLY IF AND TO THE MINIMUM EXTENT THAT SUCH CONTRACT OR AGREEMENT REQUIRES THE PERSON OR ORGANIZATION TO BE AFFORDED STATUS AS INSURED. HOWEVER, NO PERSON OR ORGANIZATION IA AN INSURED UNDER THIS PROVISION WHO IS MORE SPECIFICALLY DESCRIBED UNDER ANY OTHER PROVISION OF THE WHO IS AN INSURED SECTION OF THIS POLICY (REGARDLESS OF ANY LIMITATION APPLICABLE THERETO). A II other tetins and conditians remain unchanged, Authorized Representative `�Q° '5'a Liability Insurance Additional Insured - Scheduled Person Or Organization Form 90-02-2367 (Rev. 5-07) Endorsement last page Page 2 CHUBB Policy Conditions Endorsement Policy Period Effective Date Policy Number Insured Name of Company Date Issued This Endorsement applies to the following forms: COMMON POLICY CONDITIONS Conditions DECEMBER 13, 2019 TO DECEMBER 13, 2020 DECEMBER 13, 2019 3533-36-57 LAO MAJESTIC REALTY CO FEDERAL INSURANCE COMPANY DECEMBER 9, 2019 Under Who Is An Insured, the following provision is added. Notice of Cancellation When we cancel this policy we will notify person(s) or organizations(s)shown in the Schedule To Scheduled Persons at least 30 days (10 days in the event of nonpayment of premium) in advance of the Or Organizations When cancellation date. We Cancel Any failure by us to notify such person(s) or organization(s) will not: impose any liability or obligation of any kind upon us; or invalidate such cancellation. Schedule Person(s) or Organization(s): City of Fort Worth Planning and Development - CFA Office 200 Texas Street Fort Worth, TX 76102 Policy Conditions Notice of Cancellation To Scheduled Persons Or Organizations continued Form 80-02-9780 {Ed. 3-11) Endorsement Page 1 CHUBS Conditions (continued) Ali other terms and conditions remain unchanged. Authorized Representative Policy Conditions Notice of Cancellation To Scheduled Persons Or organizations last page Form 80-02-9760 (Ed. 3-1t) Endorsement Page 2 April 7th 006213-2 PERFORMANCE BOND Page 2 of 3 1 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 2 shall faithfully perform it obligations under the Contract and shall in all respects duly and 3 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 4 specifications, and contract documents therein referred to, and as well during any period of 5 extension of the Contract that may be granted on the part of the Developer and/or City, then this 6 obligation shall be and become null and void, otherwise to remain in full force and effect. 7 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 8 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 9 Worth Division. 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 7th day of ftm , 2020. A STT 00 (Principal) Secretary Witness as to Principal Witness to Surety Doug Stones PP—MCIPAL: Commerce Construction Co., LP_ BY: Signature or John R. Burroughs, President Name and Title Address: 13191 Crossroads Parkway North 6th Floor City of Industry, CA 91746 SURETY: Liberty Mutual Insurance Company BY: Signatud Tracy Aston,, Attorney -in -Fact Name and Title Address: 790 The City Drive South,_#200 Orange, CA 92868 Telephone Number: 714-634-5717 CITY OF FORT WORTH IPRC19-0246 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS C TYPROJECTNO. 102451 Revised January 31, 2012 0062 13-3 PERFORMANCE HAND Page 3 of 3 *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 1PRC19-0246 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 102451 Revised January 31, 2012 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles on APR — 7 2020 before me, Edward C. Spector, Notary Public, personally appeared Tracy Aston who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/we subscribed to the within instrument and acknowledged to me that he/she/dtey executed the same in hi;&/her/4k@4 authorized capacity(ift), and that by hie/her/9 signature(@) on the instrument the person(@), or the entity upon behalf of which the person(#) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. -=� Signature EOWARR C, SPECfSignature of Notary Public ry Public - Californiar x v- Los Angeles County z = = Commission # 2261249 My Comm. Expires Oct 5, 2022 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ... A notarypublic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and notthe truthfulness, accuracy, or validity of that document. State of Calif rnia County of On l,�L�L b 1 W before me,� Date He FZMMK�t) rt Name a d Title of the Officer personally appeared } �� �� Name(sj of Signer(s) who proved to me on the basis of satisfactory evidence to be the personal whose name(q) islar4 subscribed to the within instrument and acknowledged to me that helsheltiaey executed the same in his/her/threir authorized capacity{�-n}, and that by hisllkerltheir signatur*) on the instrument the persons), or the entity upon behalf of which the personK acted, executed the instrument. RENEE M. ARANnA Notary Public - California Los Angeles County Commission N 2277370 My Comm. Expires Feb 14, 2023 Place Notary Seal andlor Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. J - ? Signature n Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: u Corporate Officer -- Title(s): Ij Partner -- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2418 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in tha manner and to the extent herein stated. q0Liberty Liberty Mutual Insurance Company mutual. The Ohio Casualty Insurance Company Certificate No: 8198054-024029 SURETYWest American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, S. AIern an, Tracy Aston, Thomas Branigan, Lisa K. Crai1, As hiaf Eimasry, Samantha Fazxini, Donna Garcia, Simone Gerhard, A riI Martinez, Rosa E. Rivas, Paul Rodriguez, Edward C. Spector, Marina Tapia, Nathan Varnotd, KD Wa ato all of the city of Los Angeles state of California each individually if there be more than one named, its true and lawM attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of November , 2018 . Liberty Mutual Insurance Company P4 1NSU� SY INSf1 '� 1xsUR4 The Ohio Casualty Insurance Company R� `6pPa�T yn �, 4o¢Poggn .GP`apPor�f ■y0 West American insurance Company m $ b m kC 1912� o d y1919� o a 1991 e w ~ss ass 's m ACNuS a Q haArPg ya ors MolaHl' as r c David M. Carey Assistant Secretary .ra State of PENNSYLVANIA County of MONTGOMERY ss a) On this 28th day of November , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o Company, —The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes CFO therein contained by signing on behalf of the corporations by himself as a duly authorized officer, c, LU vT' aA IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, a y PAST N 9a 40; r, R< � e COMMONWEALTH OF PENNSYLVANIA O D Notarial Seal OF Teresa Pastella, Notary Public �1 @ �• �s.. 'YSYLd9�' Upper MarionTwp., Montgomery County My Commission Expires March 2a, 2k}21 !r1 6 P I � A I r N Pennsylvania, on the day and year first above written. By. �[/Z( lajt.dJ Pastella, Notary N am or. ennsy vacuse a ma ono nl as (D u� This Power of Attomey is made and executed pursuant to and by authority of the fallowing By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ,S Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 43 ARTICLE 1V— OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety c any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attomey, shall 2 have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall he as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may he revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as tha chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recogn izan ces and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of €]esignation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bands, reeognizances and other surety obligat ons. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of aftomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. APR _ 7 2020 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seats of said Companies this day of P f� P1 1NSU� P014 IN,$& N ►NSURq .i 0PPOR4 tit �µA R i -yam P014 m 2 1912wa og1919�o a 1991 0 By Yd0�. �c cmi �ya� yp ynuPa ado `�S� "VOPAwp�db� Renee C. Llewellyn, Assistant Secretary * y*>` LMS-12673 LMIC 00C WAIC Multi CO 06201e 7thApril 406214-2 PAYMENT BOND Page 2 of 3 1 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 2 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 3 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 4 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 5 force and effect. d This bond is made and executed in compliance with the provisions of Chapter 2253 of the 7 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 8 accordance with the provisions of said statute. 9 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 10 this instrument by duly authorized agents and officers on this the 7th day of 11 April , 2020. 12 ATTEST: (Principal) Secretary Witness as to Principal ATTEST: (Surety Lisa Crail - k"-� W itn as to Surety Doug Stones PRINCIPAL: Commerce Construction Co., L.P. BY: S' nature John R. Burroughs, President Name and Title Address: 13191 Crossroads Parkway North 6th Floor City of Industry, CA 91746 SURETY: Liberty Mutual Insurance Company BY: Signature Tracy Aston, Attorney -in -Fact Name and Title Address: 790 The City Drive South, #200 Orange, CA 92868 Telephone Number: 714-634-5717 CITY OF FORT WORTH IPRC19-0246 STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS CTIY PROJECT NO 102451 Revised January 31, 2012 0062 34-3 PAYMENT BOND Page 3 of 3 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 1PRC19-0246 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS UrY PROJECT NO. 102451 Revised January 31, 2012 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On APR - 7 2020 before me, Edward C. Spector, Notary Public, personally appeared Tracy Aston who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/me subscribed to the within instrument and acknowledged to me that he/she/Owy executed the same in hio/her/di& authorized capacity(its), and that by hAe/her/ € signature(o) on the instrument the person(@), or the entity upon behalf of which the person(o) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. 1, Signature Signature of Notary Public e. EDWARD C. SPECTOR, Notary Public - California = '. Los Angeles Caunty ° Commission it 2261249 [ My Comm, Exoires Oct 5, 2022 This Power of Attorney limits the acts of those named herein, and they have no authority to hind the Company except in the manner and to the extent herein stated. Liberty mutual SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company ROWER OF ATTORNEY Certificate No: 8198064-024029 KNOWN ALL PERSONS BY THESE PRESENTS. That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Componiee)r pursuant to and by authority herein set forth, does hereby name, constitute and appoint B. Ateman, Tracy Aston, 'rhornas Braniaan. Lisa K. Crail. Ashraf Elmasrv. Samantha Faasini_ Donna Garcia. Simone Gerhard_ AnriI Martinez_ Rosa E. Rivas_ Paul Rodri¢uez. all of the city of Los Angeles state of California each individually if there be more than one named, its true and lawful atomey-In-fact to make, execute, Seel, acknowledge and deliver, for and units behalf as surety and as Its act and deed, any and all undertakings, bonds, r"nizences and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by [he secretary of the Companies in their awn proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed theretothis 28th dayof November , 2018 . Liberty Mutual Insurance Company try {NSJJ _ �qY INS& ►Nsu pq The Ohio Casualty Insurance Company Sokptl�9y� gJ2rpRPOFw,�� PpO rq qy West American Insurance Company 1912 �1919 4 1991 0 o �vly°Hu a y0ryAIAP ,dD YS, �NOIAKw da } By - David M Carav_ Assistant SP!rlP.tary State of PENNSYLVANIA County of MONTGOMERY On ibis 28th day of November , 2018 before me personally appeared David M. Carey, who acknowledged himself to he the Assistant Secretaryof Liberty Mutual Insurance 0 Company, The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes — therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Lu IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. 9� PAgT Qw off ft i{� COMMONWEALTH OF PENNSYLVANIA IIIll1 Notarial Seal or Teresa Pasletla, Notary Pu6Elc Upper Marion Twp., Montgomery County By: My Commission Fxomg March 28, 2021 eresa Pastella, Notary Public Member, Pennsylvanm Assaciallan at Notaries �Jqy P This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV —OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Sint attorneys -in -fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by [heir signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such Instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or atomey-in-fact under the provisions of Ibis article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE A11—Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations se[ forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as If signed by the president and attested by the secretary. Certlficate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signalure of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, liberty Mutual Insurance Company, and West American Insurance Company do hereby cerfify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomay executed by said Companies, is in full farce and effect and has not been revoked. APR 7 2020 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of APR ►NSU VtY INS& a ►Nsu R L�� ��]4aaa uric}� 4�n�oRva Ora L� 1912 0 o 1919 0 1991 By, �� sacttu k�µp9 aS �s NolArzP qa Renee C. Ilewellyn, Assistant Secretary LMS-12873 LMIC ❑CIC WAIC Multi Co 062018 April7th 0062 19-2 MAINTENANCE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 2 accordance with the plans, specifications and Contract Documents that the Work is and will 3 remain free from defects in materials or workmanship for and during the period of two (2) years 4 after the date of Final Acceptance of the Work by the City {"Maintenance Period'); and 5 6 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 7 upon receiving notice from the Developer and/or City of the need thereof at any time within the 8 Maintenance Period. 9 10 NOW THEREFORE, the condition of this obligation is such that if Principal shall 1 I remedy any defective Work, for which timely notice was provided by Developer or City, to a 12 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 13 remain in full force and effect. 14 15 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 16 noticed defective Work, it is agreed that the Developer or City may cause any and all such 17 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 18 by the Principal and the Surety under this Maintenance Bond; and 19 20 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 21 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 22 Worth Division; and 23 24 PROVIDED FURTHER, that this obligation shall be continuous in nature and 25 successive recoveries may be had hereon for successive breaches. 26 27 28 CITY OF FORT WORTI4 IPRC19-0246 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PRO.IECT NO. 102451 Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 7th day of April 3 , 2020. 4 5 6 7 8 9 10 11 t2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ATTEST: (Principal) Secretary Witness as to Principal A (Surety)-50M)6ft Lisa Crail to Surety Doug Stones PRINCIPAL: Commerce Construction Co., L.P. John R. Burroughs, President Name and Title Address: j1jq1 C'_rmaroarlc Parkway North 5th Floor City of Industry, CA 91745 SURETY: Liberty Mutual Insurance Company BY: Slgnat Tracy Aston, Attomey-in-Fact Name and Title Address: 790 The Cily Drive South #200 Orange, CA 92868 Telephone Number: 714-634-5717 `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 IPRC19-0245 STANDARD CITY CONDMONS—DEVELOPER AWARDED PROJECTS CITYPROJECTNO. 102451 Revised January 31, 2012 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On APR - 7 2020 before me, Edward C. Spector, Notary Public, personally appeared Tracy Aston who proved to me on the basis of satisfactory evidence to be the person(*) whose name(s) is/am subscribed to the within instrument and acknowledged to me that ho/she/dwy executed the same in his/her/dwk authorized capacity(ies), and that by his/her/dio4 signature(e) on the instrument the person(s), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .1 22 = Signature 7 EDWARD C. SPECTOR Natary Public - Ca[iforma Signature of Notary Public Angeles County }? Commission H 2261249 r oF° My Comm. Expires Oct 5, 2622 1� Co This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual The Ohio Casualty Insurance Company Certificate No; 8198054-024029 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insuranoe Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana {herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, B. AIeman, Tracy Aston, Thomas Branigan, Lisa K. Craii, Ashraf Ehnasry, Samantha Fazzini, Donna Garcia, Simone Gerhard, April Martinez, Rosa E. Rivas, Paul Rodriguez, Edward C. Spector, Marina Tapia, Nathan Vamold, KD Wapato all of the city of Los An e� les state of California each individually if there be more than one named, its true and lawful attorney -In -fact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons, IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of November , 2018 Liberty Mutual Insurance Company %Nsu The lo Casual ty Insurance j PL O^H► ram �� Wo"w &'�y� mac, ovk DW4, WesttAany American Insurance a Company ny 1 1912 0 o 1919 0 1991 /] �,� ��CNtls dtl O =HAMP Y� MAW' as r David M. Carey, Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY ss w rn m C y ❑n this 28th day of November , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance I o Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes W therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c w IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Icing of Prussia, Pennsylvania, on the day and year first above written. yp, PAS. �01 uNry��FCf commoNWEALTH of PENNSYLVANIA GO Z .a Notarial Seal or Teresa n Twp-le, Notary ery lic C Upper Madan Twp.. Montgomery County By: C My ommission Expires March 2e, 2027 ubr� Teresa Pastella, Notary Public N RRy Memhar, Pennsylvania Association of Nolar a N v This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ob o Casualty Insurance Company, Liberty Mutual .S Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 6 ARTICLE IV— OFFICERS. Section 12. Power of Attomey. to Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety C any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the iimita6ens set forth in their respective powers of attorney, shall L have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such U Instruments shall be as binding as if signed by the President and attested to by the Secretary, Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XI;I — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fad, as may be necessary to act In behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fad subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M, Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -- By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of aftarney issued by the Company in connection with surety bonds, shall he valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. APR — ry 2020 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of H f� i JP o sur4 �qY IWg(J. %%SU# h G P9g4n `gyp• \i QRP DI�f �'OHPo1�T nm U �G m Z4 fld CSn Y 1912 q c o a 1919 1991 Yd���+cHua yd raµr�' �D 'rs�'No+a+ti��ab BY Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 062018 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 6 Article 2 – Preliminary Matters ......................................................................................................................... 7 2.01 Copies of Documents .................................................................................................................... 7 2.02 Commencement of Contract Time; Notice to Proceed ................................................................ 7 2.03 Starting the Work .......................................................................................................................... 8 2.04 Before Starting Construction ........................................................................................................ 8 2.05 Preconstruction Conference.......................................................................................................... 8 2.06 Public Meeting .............................................................................................................................. 8 2.07 Initial Acceptance of Schedules.................................................................................................... 8 Article 3 – Contract Documents: Intent, Amending, Reuse ............................................................................ 8 3.01 Intent.............................................................................................................................................. 8 3.02 Reference Standards...................................................................................................................... 9 3.03 Reporting and Resolving Discrepancies....................................................................................... 9 3.04 Amending and Supplementing Contract Documents................................................................. 10 3.05 Reuse of Documents ................................................................................................................... 10 3.06 Electronic Data............................................................................................................................ 11 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points........................................................................................................... 11 4.01 Availability of Lands .................................................................................................................. 11 4.02 Subsurface and Physical Conditions .......................................................................................... 12 4.03 Differing Subsurface or Physical Conditions ............................................................................. 12 4.04 Underground Facilities ............................................................................................................... 13 4.05 Reference Points ......................................................................................................................... 14 4.06 Hazardous Environmental Condition at Site .............................................................................. 14 Article 5 – Bonds and Insurance ..................................................................................................................... 16 5.01 Licensed Sureties and Insurers ................................................................................................... 16 5.02 Performance, Payment, and Maintenance Bonds....................................................................... 16 5.03 Certificates of Insurance ............................................................................................................. 16 5.04 Contractor’s Insurance ................................................................................................................ 18 5.05 Acceptance of Bonds and Insurance; Option to Replace........................................................... 19 Article 6 – Contractor’s Responsibilities ........................................................................................................ 19 6.01 Supervision and Superintendence............................................................................................... 19 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 6.02 Labor; Working Hours ................................................................................................................ 20 6.03 Services, Materials, and Equipment ........................................................................................... 20 6.04 Project Schedule.......................................................................................................................... 21 6.05 Substitutes and “Or-Equals” ....................................................................................................... 21 6.06 Concerning Subcontractors, Suppliers, and Others.................................................................... 24 6.07 Wage Rates.................................................................................................................................. 25 6.08 Patent Fees and Royalties ........................................................................................................... 26 6.09 Permits and Utilities.................................................................................................................... 27 6.10 Laws and Regulations ................................................................................................................. 27 6.11 Taxes ........................................................................................................................................... 28 6.12 Use of Site and Other Areas ....................................................................................................... 28 6.13 Record Documents...................................................................................................................... 29 6.14 Safety and Protection .................................................................................................................. 29 6.15 Safety Representative.................................................................................................................. 30 6.16 Hazard Communication Programs ............................................................................................. 30 6.17 Emergencies and/or Rectification............................................................................................... 30 6.18 Submittals.................................................................................................................................... 31 6.19 Continuing the Work................................................................................................................... 32 6.20 Contractor’s General Warranty and Guarantee .......................................................................... 32 6.21 Indemnification ......................................................................................................................... 33 6.22 Delegation of Professional Design Services .............................................................................. 34 6.23 Right to Audit.............................................................................................................................. 34 6.24 Nondiscrimination....................................................................................................................... 35 Article 7 – Other Work at the Site................................................................................................................... 35 7.01 Related Work at Site ................................................................................................................... 35 7.02 Coordination................................................................................................................................ 36 Article 8 – City’s Responsibilities................................................................................................................... 36 8.01 Communications to Contractor................................................................................................... 36 8.02 Furnish Data ................................................................................................................................ 36 8.03 Pay When Due ............................................................................................................................ 36 8.04 Lands and Easements; Reports and Tests................................................................................... 36 8.05 Change Orders............................................................................................................................. 36 8.06 Inspections, Tests, and Approvals .............................................................................................. 36 8.07 Limitations on City’s Responsibilities ....................................................................................... 37 8.08 Undisclosed Hazardous Environmental Condition .................................................................... 37 8.09 Compliance with Safety Program............................................................................................... 37 Article 9 – City’s Observation Status During Construction ........................................................................... 37 9.01 City’s Project Manager ……...................................................................................................... 37 9.02 Visits to Site ................................................................................................................................ 37 9.03 Authorized Variations in Work .................................................................................................. 38 9.04 Rejecting Defective Work .......................................................................................................... 38 9.05 Determinations for Work Performed .......................................................................................... 38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 Article 10 – Changes in the Work; Claims; Extra Work ................................................................................ 38 10.01 Authorized Changes in the Work ............................................................................................... 38 10.02 Unauthorized Changes in the Work ........................................................................................... 39 10.03 Execution of Change Orders....................................................................................................... 39 10.04 Extra Work .................................................................................................................................. 39 10.05 Notification to Surety.................................................................................................................. 39 10.06 Contract Claims Process ............................................................................................................. 40 Article 11 – Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement...................... 41 11.01 Cost of the Work ......................................................................................................................... 41 11.02 Allowances .................................................................................................................................. 43 11.03 Unit Price Work .......................................................................................................................... 44 11.04 Plans Quantity Measurement ...................................................................................................... 45 Article 12 – Change of Contract Price; Change of Contract Time................................................................. 46 12.01 Change of Contract Price ............................................................................................................ 46 12.02 Change of Contract Time............................................................................................................ 47 12.03 Delays .......................................................................................................................................... 47 Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 48 13.01 Notice of Defects ........................................................................................................................ 48 13.02 Access to Work ........................................................................................................................... 48 13.03 Tests and Inspections .................................................................................................................. 48 13.04 Uncovering Work........................................................................................................................ 49 13.05 City May Stop the Work ............................................................................................................. 49 13.06 Correction or Removal of Defective Work ................................................................................ 50 13.07 Correction Period ........................................................................................................................ 50 13.08 Acceptance of Defective Work................................................................................................... 51 13.09 City May Correct Defective Work ............................................................................................. 51 Article 14 – Payments to Contractor and Completion .................................................................................... 52 14.01 Schedule of Values...................................................................................................................... 52 14.02 Progress Payments ...................................................................................................................... 52 14.03 Contractor’s Warranty of Title ................................................................................................... 54 14.04 Partial Utilization ........................................................................................................................ 55 14.05 Final Inspection ........................................................................................................................... 55 14.06 Final Acceptance......................................................................................................................... 55 14.07 Final Payment.............................................................................................................................. 56 14.08 Final Completion Delayed and Partial Retainage Release ........................................................ 56 14.09 Waiver of Claims ........................................................................................................................ 57 Article 15 – Suspension of Work and Termination ........................................................................................ 57 15.01 City May Suspend Work............................................................................................................. 57 15.02 City May Terminate for Cause ................................................................................................... 58 15.03 City May Terminate For Convenience ....................................................................................... 60 Article 16 – Dispute Resolution ...................................................................................................................... 61 16.01 Methods and Procedures ............................................................................................................. 61 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 Article 17 – Miscellaneous .............................................................................................................................. 62 17.01 Giving Notice .............................................................................................................................. 62 17.02 Computation of Times ................................................................................................................ 62 17.03 Cumulative Remedies ................................................................................................................. 62 17.04 Survival of Obligations ............................................................................................................... 63 17.05 Headings...................................................................................................................................... 63 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 1 of 63 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1.Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2.Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3.Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4.Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5.Award – Authorization by the City Council for the City to enter into an Agreement. 6.Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7.Bidder—The individual or entity who submits a Bid directly to City. 8.Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9.Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10.Business Day –A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11.Buzzsaw – City’s on-line, electronic document management and collaboration system. 12.Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 2 of 63 13.Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14.City—The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15.City Attorney – The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16.City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17.City Manager – The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 18.Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19.Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 20.Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21.Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22.Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 23.Contractor—The individual or entity with whom City has entered into the Agreement. 24.Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 3 of 63 25.Damage Claims –A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26.Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 27.Director of Aviation – The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28.Director of Parks and Community Services – The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29.Director of Planning and Development –The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30.Director of Transportation Public Works – The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31.Director of Water Department – The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 32.Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33.Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34.Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35.Extra Work –Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36.Field Order —A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37.Final Acceptance –The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 4 of 63 38.Final Inspection –Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39.General Requirements—Sections of Division 1 of the Contract Documents. 40.Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41.Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42.Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43.Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44.Major Item –An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 45.Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46.Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47.Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48.PCBs—Polychlorinated biphenyls. 49.Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50.Plans –See definition of Drawings. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 5 of 63 51.Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 52.Project—The Work to be performed under the Contract Documents. 53.Project Manager—The authorized representative of the City who will be assigned to the Site. 54.Public Meeting –An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55.Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 56.Regular Working Hours –Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 57.Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58.Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59.Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 60.Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61.Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62.Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 6 of 63 63.Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64.Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65.Superintendent –The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66.Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67.Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68.Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 69.Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70.Weekend Working Hours –Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71.Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72.Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B.Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 7 of 63 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C.Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. D.Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules:Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as “the Contractor shall,” “in conformity with,” “as shown,” or “as specified” are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading “Related Sections include but are not necessarily limited to:” and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A.Reporting Discrepancies: 1.Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2.Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B.Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City’s review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City’s written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City’s Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A.Reports and Drawings:The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B.Limited Reliance by Contractor on Technical Data Authorized:Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A.Notice:If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B.Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A.Shown or Indicated:The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B.Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City’s judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A.Reports and Drawings:The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B.Limited Reliance by Contractor on Technical Data Authorized:Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City’s own forces or others. G.To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 16 of 63 ARTICLE 5 – BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as “Additional Insured” on all liability policies. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 17 of 63 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 5.04 Contractor’s Insurance A.Workers Compensation and Employers’ Liability.Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. B.Commercial General Liability.Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C.Automobile Liability.A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D.Railroad Protective Liability.If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E.Notification of Policy Cancellation:Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 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. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1.“Or-Equal” Items:If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2.Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to 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: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B.Substitute Construction Methods or Procedures:If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C.City’s Evaluation:City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.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 6.05.A.2 and 6.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F.Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 24 of 63 G.City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H.Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D.Minority Business Enterprise Compliance:It is City policy to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required to comply with the intent of the City’s MBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A.Duty to pay Prevailing Wage Rates.The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B.Penalty for Violation.A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C.Complaints of Violations and City Determination of Good Cause.On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 26 of 63 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 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. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B.To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 27 of 63 the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A.Contractor obtained permits and licenses.Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B.City obtained permits and licenses.City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor’s responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C.Outstanding permits and licenses.The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller’s Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller’s Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html 6.12 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 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4.Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B.Removal of Debris During Performance of the Work:During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C.Site Maintenance Cleaning:24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D.Final Site Cleaning:Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E.Loading Structures:Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 30 of 63 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 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C.City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 33 of 63 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 of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A.Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 34 of 63 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. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B.Title VI, Civil Rights Act of 1964 as amended:Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7 – OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 – CITY’S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City’s duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 37 of 63 8.07 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City’s responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City’s Project Manager City will provide one or more Project Manager(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s Project Manager during construction are set forth in the Contract Documents. The City’s Project Manager for this Contract is Raul Lopez, or his/her successor pursuant to written notification from the Director of Transportation and Public Works. 9.02 Visits to Site A. City’s Project Manager 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 Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Manager 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 Manager’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 Manager’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 38 of 63 9.03 Authorized Variations in Work City’s Project Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City’s Project Manager believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Manager will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City’s written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 – CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 40 of 63 10.06 Contract Claims Process A.City’s Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B.Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor’s written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant’s last submittal (unless Contract allows additional time). C.City’s Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City’s sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 41 of 63 D. City’s written action under Paragraph 10.06.C will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A.Costs Included:The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B.Costs Excluded:The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C.Contractor’s Fee:When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C. D.Documentation:Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A.Specified Allowance:It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B.Pre-bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 44 of 63 a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C.Contingency Allowance:Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E.Increased or Decreased Quantities:The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under “Price and Payment Procedures” varies by more than 25% (or as stipulated under “Price and Payment Procedures” for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 46 of 63 E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). C.Contractor’s Fee:The Contractor’s additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the Contractor’s additional fee shall be 15 percent except for: 1) rental fees for Contractor’s own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor’s fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and 11.01.B; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 48 of 63 ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City’s evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 13.09. ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A.Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City’s interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 53 of 63 B.Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City’s processing of any payment requested in an Application for Payment will be based on City’s observations of the executed Work, and on City’s review of the Application for Payment and the accompanying data and schedules, that to the best of City’s knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor’s performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C.Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D.Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E.Payment:Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F.Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A.Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B.Payment Becomes Due: 1. After City’s acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor’s final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B.Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 58 of 63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City’s Business Diversity Enterprise Ordinance #20020-12-2011established under Paragraph 6.06.D); 2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor’s repeated disregard of the authority of City; or 4. Contractor’s violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor’s failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor’s services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 – DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City’s action under Paragraph 10.06.C or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 – MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revision: February 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 00 73 00 - 1 SUPPLEMENTARY CONDITIONS Page 1 of 5 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS SECTION 00 73 001 SUPPLEMENTARY CONDITIONS2 TO3 GENERAL CONDITIONS4 5 Supplementary Conditions6 7 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other8 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are9 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions10 of the General Conditions which are not so modified or supplemented remain in full force and effect.11 12 Defined Terms13 14 The terms used in these Supplementary Conditions which are defined in the General Conditions have the15 meaning assigned to them in the General Conditions, unless specifically noted herein.16 17 Modifications and Supplements18 19 The following are instructions that modify or supplement specific paragraphs in the General Conditions and20 other Contract Documents.21 22 SC-3.03B.2, “Resolving Discrepancies”23 24 Plans govern over Specifications.25 26 SC-4.01A27 28 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding.29 Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the30 Contract Drawings.31 32 SC-4.01A.1., “Availability of Lands”33 34 The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of35 36 Outstanding Right-Of-Way, and/or Easements to Be Acquired37 PARCEL NUMBER OWNER TARGET DATE OF POSSESSION None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed,38 and do not bind the City.39 40 If Contractor considers the final easements provided to differ materially from the representations on the41 Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work,42 notify City in writing associated with the differing easement line locations.43 44 SC-4.01A.2, “Availability of Lands”45 46 Utilities or obstructions to be removed, adjusted, and/or relocated47 00 73 00 - 2 SUPPLEMENTARY CONDITIONS Page 2 of 5 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS 1 The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated2 as of September 2018:3 4 EXPECTED OWNER UTILITY AND LOCATION TARGET DATE OF ADJUSTMENT The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed,5 and do not bind the City.6 7 SC-4.02A., “Subsurface and Physical Conditions”8 9 The following are reports of explorations and tests of subsurface conditions at the site of the Work:10 11 A geotechnical investigation Project No. 19-23827, dated October 2019, prepared by Rone Engineering.12 13 The following are drawings of physical conditions in or relating to existing surface and subsurface14 structures (except Underground Facilities) which are at or contiguous to the site of the Work:15 NONE16 17 SC-4.06A., “Hazardous Environmental Conditions at Site”18 19 The following are reports and drawings of existing hazardous environmental conditions known to the City:20 NONE21 22 SC-5.03A., “Certificates of Insurance”23 24 The entities listed below are "additional insureds as their interest may appear" including their respective25 officers, directors, agents and employees.26 27 (1)City28 (2)Consultant:Kimley-Horn and Associates, Inc.29 (3)Other:Fort Worth Everman/Risinger Development, LLC; Commerce Construction Co., L.P.30 31 SC-5.04A., “Contractor’s Insurance”32 33 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following34 coverages for not less than the following amounts or greater where required by laws and regulations:35 36 5.04A. Workers' Compensation, under Paragraph GC-5.04A.37 38 Statutory limits39 Employer's liability40 $100,000 each accident/occurrence41 $100,000 Disease - each employee42 $500,000 Disease - policy limit43 44 SC-5.04B., “Contractor’s Insurance”45 46 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance47 under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with48 minimum limits of:49 00 73 00 - 3 SUPPLEMENTARY CONDITIONS Page 3 of 5 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS 1 $1,000,000 each occurrence2 $2,000,000 aggregate limit3 4 The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the5 General Aggregate Limits apply separately to each job site.6 7 The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s.8 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance.9 10 SC 5.04C., “Contractor’s Insurance”11 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor’s Liability Insurance under12 Paragraph GC-5.04C., which shall be in an amount not less than the following amounts:13 14 (1)Automobile Liability - a commercial business policy shall provide coverage on "Any Auto",15 defined as autos owned, hired and non-owned.16 17 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at18 least:19 20 $250,000 Bodily Injury per person /21 $500,000 Bodily Injury per accident /22 $100,000 Property Damage23 24 SC-5.04D., “Contractor’s Insurance”25 26 The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and27 material deliveries to cross railroad properties and tracks28 NONE.29 30 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with,31 hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains32 or other property. Such operations on railroad properties may require that Contractor to execute a “Right of33 Entry Agreement” with the particular railroad company or companies involved, and to this end the34 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute35 the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate36 to the Contractor’s use of private and/or construction access roads crossing said railroad company’s37 properties.38 39 The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide40 coverage for not less than the following amounts, issued by companies satisfactory to the City and to the41 Railroad Company for a term that continues for so long as the Contractor’s operations and work cross,42 occupy, or touch railroad property:43 44 (1) General Aggregate:N/A45 46 (2) Each Occurrence:N/A47 48 Required for this Contract x Not required for this Contract49 With respect to the above outlined insurance requirements, the following shall govern:50 51 1.Where a single railroad company is involved, the Contractor shall provide one insurance policy in52 the name of the railroad company. However, if more than one grade separation or at-grade53 crossing is affected by the Project at entirely separate locations on the line or lines of the same54 railroad company, separate coverage may be required, each in the amount stated above.55 00 73 00 - 4 SUPPLEMENTARY CONDITIONS Page 4 of 5 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS 1 2.Where more than one railroad company is operating on the same right-of-way or where several2 railroad companies are involved and operated on their own separate rights-of-way, the Contractor3 may be required to provide separate insurance policies in the name of each railroad company.4 5 3.If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a6 railroad company’s right-of-way at a location entirely separate from the grade separation or at-7 grade crossing, insurance coverage for this work must be included in the policy covering the grade8 separation.9 10 4.If no grade separation is involved but other work is proposed on a railroad company’s right-of-11 way, all such other work may be covered in a single policy for that railroad, even though the work12 may be at two or more separate locations.13 14 No work or activities on a railroad company’s property to be performed by the Contractor shall be15 commenced until the Contractor has furnished the City with an original policy or policies of the insurance16 for each railroad company named, as required above. All such insurance must be approved by the City and17 each affected Railroad Company prior to the Contractor’s beginning work.18 19 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way20 has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition,21 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way.22 Such insurance must name the railroad company as the insured, together with any tenant or lessee of the23 railroad company operating over tracks involved in the Project.24 25 SC-6.04., “Project Schedule”26 27 Project schedule shall be tier 3 for the project.28 29 SC-6.07., “Wage Rates”30 31 The following is the prevailing wage rate table(s) applicable to this project and is provided in the32 Appendixes:33 NONE34 35 SC-6.09., “Permits and Utilities”36 37 SC-6.09A., “Contractor obtained permits and licenses”38 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor:39 NONE40 41 SC-6.09B. “City obtained permits and licenses”42 The following are known permits and/or licenses required by the Contract to be acquired by the City:43 NONE44 45 SC-6.09C. “Outstanding permits and licenses”46 47 The following is a list of known outstanding permits and/or licenses to be acquired, if any as of September48 2018:49 50 Outstanding Permits and/or Licenses to Be Acquired51 OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION NONE 00 73 00 - 5 SUPPLEMENTARY CONDITIONS Page 5 of 5 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION 1 SC-7.02., “Coordination”2 3 The individuals or entities listed below have contracts with the City for the performance of other work at4 the Site:5 NONE6 7 SC-8.01, “Communications to Contractor”8 9 NONE10 11 SC-9.01., “City’s Project Manager”12 13 The City’s Project Manager for this Contract is Gopal Sahu, or his/her successor pursuant to written14 notification from the Director of T/PW.15 16 SC-13.03C., “Tests and Inspections”17 18 NONE19 20 SC-16.01C.1, “Methods and Procedures”21 22 NONE23 24 25 26 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1/22/2016 F. Griffin SC-9.01., “City’s Project Representative” wording changed to City’s Project Manager. 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. 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 41. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. C. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non-Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City’s written interpretation or clarification. ARTICLE 4 – BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. The certificate of insurance shall document the City, an as “Additional Insured” on all liability policies. 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 4.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: ____________________________________________________________ Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a. General Aggregate: _____________________________________ Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : _____________________________________ Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 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. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are 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: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not 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 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects Revised December 20, 2012 SECTION 01 11 001 SUMMARY OF WORK2 PART 1 -GENERAL3 1.1 SUMMARY4 A.Section Includes:5 1.Summary of Work to be performed in accordance with the Contract Documents6 B.Deviations from this City of Fort Worth Standard Specification7 1. None.8 C.Related Specification Sections include, but are not necessarily limited to:9 1.Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract10 2.Division 1 - General Requirements11 1.2 PRICE AND PAYMENT PROCEDURES12 A.Measurement and Payment13 1.Work associated with this Item is considered subsidiary to the various items bid.14 No separate payment will be allowed for this Item.15 1.3 REFERENCES [NOT USED]16 1.4 ADMINISTRATIVE REQUIREMENTS17 A.Work Covered by Contract Documents18 1.Work is to include furnishing all labor, materials, and equipment, and performing19 all Work necessary for this construction project as detailed in the Drawings and20 Specifications.21 B.Subsidiary Work22 1.Any and all Work specifically governed by documentary requirements for the23 project, such as conditions imposed by the Drawings or Contract Documents in24 which no specific item for bid has been provided for in the Proposal and the item is25 not a typical unit bid item included on the standard bid item list, then the item shall26 be considered as a subsidiary item of Work, the cost of which shall be included in27 the price bid in the Proposal for various bid items.28 C.Use of Premises29 1.Coordinate uses of premises under direction of the City.30 2.Assume full responsibility for protection and safekeeping of materials and31 equipment stored on the Site.32 3.Use and occupy only portions of the public streets and alleys, or other public places33 or other rights-of-way as provided for in the ordinances of the City, as shown in the34 Contract Documents, or as may be specifically authorized in writing by the City.35 a.A reasonable amount of tools, materials, and equipment for construction36 purposes may be stored in such space, but no more than is necessary to avoid37 delay in the construction operations.38 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects Revised December 20, 2012 b.Excavated and waste materials shall be stored in such a way as not to interfere1 with the use of spaces that may be designated to be left free and unobstructed2 and so as not to inconvenience occupants of adjacent property.3 c.If the street is occupied by railroad tracks, the Work shall be carried on in such4 manner as not to interfere with the operation of the railroad.5 1)All Work shall be in accordance with railroad requirements set forth in6 Division 0 as well as the railroad permit.7 D.Work within Easements8 1.Do not enter upon private property for any purpose without having previously9 obtained permission from the owner of such property.10 2.Do not store equipment or material on private property unless and until the11 specified approval of the property owner has been secured in writing by the12 Contractor and a copy furnished to the City.13 3.Unless specifically provided otherwise, clear all rights-of-way or easements of14 obstructions which must be removed to make possible proper prosecution of the15 Work as a part of the project construction operations.16 4.Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants,17 lawns, fences, culverts, curbing, and all other types of structures or improvements,18 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or19 appurtenances thereof, including the construction of temporary fences and to all20 other public or private property adjacent to the Work.21 5.Notify the proper representatives of the owners or occupants of the public or private22 lands of interest in lands which might be affected by the Work.23 a.Such notice shall be made at least 48 hours in advance of the beginning of the24 Work.25 b.Notices shall be applicable to both public and private utility companies and any26 corporation, company, individual, or other, either as owners or occupants,27 whose land or interest in land might be affected by the Work.28 c.Be responsible for all damage or injury to property of any character resulting29 from any act, omission, neglect, or misconduct in the manner or method or30 execution of the Work, or at any time due to defective work, material, or31 equipment.32 6.Fence33 a.Restore all fences encountered and removed during construction of the Project34 to the original or a better than original condition.35 b.Erect temporary fencing in place of the fencing removed whenever the Work is36 not in progress and when the site is vacated overnight, and/or at all times to37 provide site security.38 c.The cost for all fence work within easements, including removal, temporary39 closures and replacement, shall be subsidiary to the various items bid in the40 project proposal, unless a bid item is specifically provided in the proposal.41 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects Revised December 20, 2012 1.5 SUBMITTALS [NOT USED]1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]2 1.7 CLOSEOUT SUBMITTALS [NOT USED]3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]4 1.9 QUALITY ASSURANCE [NOT USED]5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]6 1.11 FIELD [SITE] CONDITIONS [NOT USED]7 1.12 WARRANTY [NOT USED]8 PART 2 -PRODUCTS [NOT USED]9 PART 3 -EXECUTION [NOT USED]10 END OF SECTION11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 SECTION 01 31 191 PRECONSTRUCTION MEETING2 PART 1 -GENERAL3 1.1 SUMMARY4 A.Section Includes:5 1.Provisions for the preconstruction meeting to be held prior to the start of Work to6 clarify construction contract administration procedures7 B.Deviations from this City of Fort Worth Standard Specification8 1.No construction schedule required unless requested by the City.9 C.Related Specification Sections include, but are not necessarily limited to:10 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract11 2.Division 1 – General Requirements12 1.2 PRICE AND PAYMENT PROCEDURES13 A.Measurement and Payment14 1.Work associated with this Item is considered subsidiary to the various items bid.15 No separate payment will be allowed for this Item.16 1.3 REFERENCES [NOT USED]17 1.4 ADMINISTRATIVE REQUIREMENTS18 A.Coordination19 1.Attend preconstruction meeting.20 2.Representatives of Contractor, subcontractors and suppliers attending meetings21 shall be qualified and authorized to act on behalf of the entity each represents.22 3.Meeting administered by City may be tape recorded.23 a.If recorded, tapes will be used to prepare minutes and retained by City for24 future reference.25 B.Preconstruction Meeting26 1.A preconstruction meeting will be held within 14 days after the delivery of the27 distribution package to the City.28 a.The meeting will be scheduled and administered by the City.29 2.The Project Representative will preside at the meeting, prepare the notes of the30 meeting and distribute copies of same to all participants who so request by fully31 completing the attendance form to be circulated at the beginning of the meeting.32 3.Attendance shall include:33 a.Developer and Consultant34 b.Contractor's project manager35 c.Contractor's superintendent36 d.Any subcontractor or supplier representatives whom the Contractor may desire37 to invite or the City may request38 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 e.Other City representatives1 f.Others as appropriate2 4.Preliminary Agenda may include:3 a.Introduction of Project Personnel4 b.General Description of Project5 c.Status of right-of-way, utility clearances, easements or other pertinent permits6 d.Contractor’s work plan and schedule7 e.Contract Time8 f.Notice to Proceed9 g.Construction Staking10 h.Progress Payments11 i.Extra Work and Change Order Procedures12 j.Field Orders13 k.Disposal Site Letter for Waste Material14 l.Insurance Renewals15 m.Payroll Certification16 n.Material Certifications and Quality Control Testing17 o.Public Safety and Convenience18 p.Documentation of Pre-Construction Conditions19 q.Weekend Work Notification20 r.Legal Holidays21 s.Trench Safety Plans22 t.Confined Space Entry Standards23 u.Coordination with the City’s representative for operations of existing water24 systems25 v.Storm Water Pollution Prevention Plan26 w.Coordination with other Contractors27 x.Early Warning System28 y.Contractor Evaluation29 z.Special Conditions applicable to the project30 aa.Damages Claims31 bb.Submittal Procedures32 cc.Substitution Procedures33 dd.Correspondence Routing34 ee.Record Drawings35 ff.Temporary construction facilities36 gg.MBE/SBE procedures37 hh.Final Acceptance38 ii.Final Payment39 jj.Questions or Comments40 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 1.5 SUBMITTALS [NOT USED]1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]2 1.7 CLOSEOUT SUBMITTALS [NOT USED]3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]4 1.9 QUALITY ASSURANCE [NOT USED]5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]6 1.11 FIELD [SITE] CONDITIONS [NOT USED]7 1.12 WARRANTY [NOT USED]8 PART 2 -PRODUCTS [NOT USED]9 PART 3 -EXECUTION [NOT USED]10 END OF SECTION11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 SECTION 01 33 001 DAP SUBMITTALS2 PART 1 -GENERAL3 1.1 SUMMARY4 A.Section Includes:5 1.General methods and requirements of submissions applicable to the following6 Work-related submittals:7 a.Shop Drawings8 b.Product Data (including Standard Product List submittals)9 c.Samples10 d.Mock Ups11 B.Deviations from this City of Fort Worth Standard Specification12 1.None.13 C.Related Specification Sections include, but are not necessarily limited to:14 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract15 2.Division 1 – General Requirements16 1.2 PRICE AND PAYMENT PROCEDURES17 A.Measurement and Payment18 1.Work associated with this Item is considered subsidiary to the various items bid.19 No separate payment will be allowed for this Item.20 1.3 REFERENCES [NOT USED]21 1.4 ADMINISTRATIVE REQUIREMENTS22 A.Coordination23 1.Notify the City in writing, at the time of submittal, of any deviations in the24 submittals from the requirements of the Contract Documents.25 2.Coordination of Submittal Times26 a.Prepare, prioritize and transmit each submittal sufficiently in advance of27 performing the related Work or other applicable activities, or within the time28 specified in the individual Work Sections, of the Specifications.29 b.Contractor is responsible such that the installation will not be delayed by30 processing times including, but not limited to:31 a)Disapproval and resubmittal (if required)32 b)Coordination with other submittals33 c)Testing34 d)Purchasing35 e)Fabrication36 f)Delivery37 g)Similar sequenced activities38 c.No extension of time will be authorized because of the Contractor's failure to39 transmit submittals sufficiently in advance of the Work.40 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 d.Make submittals promptly in accordance with approved schedule, and in such1 sequence as to cause no delay in the Work or in the work of any other2 contractor.3 B.Submittal Numbering4 1.When submitting shop drawings or samples, utilize a 9-character submittal cross-5 reference identification numbering system in the following manner:6 a.Use the first 6 digits of the applicable Specification Section Number.7 b.For the next 2 digits number use numbers 01-99 to sequentially number each8 initial separate item or drawing submitted under each specific Section number.9 c.Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e.10 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical11 submittal number would be as follows:12 13 03 30 00-08-B14 15 1)03 30 00 is the Specification Section for Concrete16 2)08 is the eighth initial submittal under this Specification Section17 3)B is the third submission (second resubmission) of that particular shop18 drawing19 C.Contractor Certification20 1.Review shop drawings, product data and samples, including those by21 subcontractors, prior to submission to determine and verify the following:22 a.Field measurements23 b.Field construction criteria24 c.Catalog numbers and similar data25 d.Conformance with the Contract Documents26 2.Provide each shop drawing, sample and product data submitted by the Contractor27 with a Certification Statement affixed including:28 a.The Contractor's Company name29 b.Signature of submittal reviewer30 c.Certification Statement31 1)“By this submittal, I hereby represent that I have determined and verified32 field measurements, field construction criteria, materials, dimensions,33 catalog numbers and similar data and I have checked and coordinated each34 item with other applicable approved shop drawings."35 D.Submittal Format36 1.Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches.37 2.Bind shop drawings and product data sheets together.38 3.Order39 a.Cover Sheet40 1)Description of Packet41 2)Contractor Certification42 b.List of items / Table of Contents43 c.Product Data /Shop Drawings/Samples /Calculations44 E.Submittal Content45 1.The date of submission and the dates of any previous submissions46 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 2.The Project title and number1 3.Contractor identification2 4.The names of:3 a.Contractor4 b.Supplier5 c.Manufacturer6 5.Identification of the product, with the Specification Section number, page and7 paragraph(s)8 6.Field dimensions, clearly identified as such9 7.Relation to adjacent or critical features of the Work or materials10 8.Applicable standards, such as ASTM or Federal Specification numbers11 9.Identification by highlighting of deviations from Contract Documents12 10.Identification by highlighting of revisions on resubmittals13 11.An 8-inch x 3-inch blank space for Contractor and City stamps14 F.Shop Drawings15 1.As specified in individual Work Sections includes, but is not necessarily limited to:16 a.Custom-prepared data such as fabrication and erection/installation (working)17 drawings18 b.Scheduled information19 c.Setting diagrams20 d.Actual shopwork manufacturing instructions21 e.Custom templates22 f.Special wiring diagrams23 g.Coordination drawings24 h.Individual system or equipment inspection and test reports including:25 1)Performance curves and certifications26 i.As applicable to the Work27 2.Details28 a.Relation of the various parts to the main members and lines of the structure29 b.Where correct fabrication of the Work depends upon field measurements30 1)Provide such measurements and note on the drawings prior to submitting31 for approval.32 G.Product Data33 1.For submittals of product data for products included on the City’s Standard Product34 List, clearly identify each item selected for use on the Project.35 2.For submittals of product data for products not included on the City’s Standard36 Product List, submittal data may include, but is not necessarily limited to:37 a.Standard prepared data for manufactured products (sometimes referred to as38 catalog data)39 1)Such as the manufacturer's product specification and installation40 instructions41 2)Availability of colors and patterns42 3)Manufacturer's printed statements of compliances and applicability43 4)Roughing-in diagrams and templates44 5)Catalog cuts45 6)Product photographs46 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 7)Standard wiring diagrams1 8)Printed performance curves and operational-range diagrams2 9)Production or quality control inspection and test reports and certifications3 10)Mill reports4 11)Product operating and maintenance instructions and recommended5 spare-parts listing and printed product warranties6 12)As applicable to the Work7 H.Samples8 1.As specified in individual Sections, include, but are not necessarily limited to:9 a.Physical examples of the Work such as:10 1)Sections of manufactured or fabricated Work11 2)Small cuts or containers of materials12 3)Complete units of repetitively used products color/texture/pattern swatches13 and range sets14 4)Specimens for coordination of visual effect15 5)Graphic symbols and units of Work to be used by the City for independent16 inspection and testing, as applicable to the Work17 I.Do not start Work requiring a shop drawing, sample or product data nor any material to18 be fabricated or installed prior to the approval or qualified approval of such item.19 1.Fabrication performed, materials purchased or on-site construction accomplished20 which does not conform to approved shop drawings and data is at the Contractor's21 risk.22 2.The City will not be liable for any expense or delay due to corrections or remedies23 required to accomplish conformity.24 3.Complete project Work, materials, fabrication, and installations in conformance25 with approved shop drawings, applicable samples, and product data.26 J.Submittal Distribution27 1.Electronic Distribution28 a.Confirm development of Project directory for electronic submittals to be29 uploaded to City’s Buzzsaw site, or another external FTP site approved by the30 City.31 b.Shop Drawings32 1)Upload submittal to designated project directory and notify appropriate33 City representatives via email of submittal posting.34 2)Hard Copies35 a)3 copies for all submittals36 b)If Contractor requires more than 1 hard copy of Shop Drawings37 returned, Contractor shall submit more than the number of copies listed38 above.39 c.Product Data40 1)Upload submittal to designated project directory and notify appropriate41 City representatives via email of submittal posting.42 2)Hard Copies43 a)3 copies for all submittals44 d.Samples45 1)Distributed to the Project Representative46 2.Hard Copy Distribution (if required in lieu of electronic distribution)47 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 a.Shop Drawings1 1)Distributed to the City2 2)Copies3 a)8 copies for mechanical submittals4 b)7 copies for all other submittals5 c)If Contractor requires more than 3 copies of Shop Drawings returned,6 Contractor shall submit more than the number of copies listed above.7 b.Product Data8 1)Distributed to the City9 2)Copies10 a)4 copies11 c.Samples12 1)Distributed to the Project Representative13 2)Copies14 a)Submit the number stated in the respective Specification Sections.15 3.Distribute reproductions of approved shop drawings and copies of approved16 product data and samples, where required, to the job site file and elsewhere as17 directed by the City.18 a.Provide number of copies as directed by the City but not exceeding the number19 previously specified.20 K.Submittal Review21 1.The review of shop drawings, data and samples will be for general conformance22 with the design concept and Contract Documents. This is not to be construed as:23 a.Permitting any departure from the Contract requirements24 b.Relieving the Contractor of responsibility for any errors, including details,25 dimensions, and materials26 c.Approving departures from details furnished by the City, except as otherwise27 provided herein28 2.The review and approval of shop drawings, samples or product data by the City29 does not relieve the Contractor from his/her responsibility with regard to the30 fulfillment of the terms of the Contract.31 a.All risks of error and omission are assumed by the Contractor, and the City will32 have no responsibility therefore.33 3.The Contractor remains responsible for details and accuracy, for coordinating the34 Work with all other associated work and trades, for selecting fabrication processes,35 for techniques of assembly and for performing Work in a safe manner.36 4.If the shop drawings, data or samples as submitted describe variations and show a37 departure from the Contract requirements which City finds to be in the interest of38 the City and to be so minor as not to involve a change in Contract Price or time for39 performance, the City may return the reviewed drawings without noting an40 exception.41 5.Submittals will be returned to the Contractor under 1 of the following codes:42 a.Code 143 1)"NO EXCEPTIONS TAKEN" is assigned when there are no notations or44 comments on the submittal.45 a)When returned under this code the Contractor may release the46 equipment and/or material for manufacture.47 b.Code 248 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 1)"EXCEPTIONS NOTED". This code is assigned when a confirmation of1 the notations and comments IS NOT required by the Contractor.2 a)The Contractor may release the equipment or material for manufacture;3 however, all notations and comments must be incorporated into the4 final product.5 c.Code 36 1)"EXCEPTIONS NOTED/RESUBMIT". This combination of codes is7 assigned when notations and comments are extensive enough to require a8 resubmittal of the package.9 a)The Contractor may release the equipment or material for manufacture;10 however, all notations and comments must be incorporated into the11 final product.12 b)This resubmittal is to address all comments, omissions and13 non-conforming items that were noted.14 c)Resubmittal is to be received by the City within 15 Calendar Days of15 the date of the City's transmittal requiring the resubmittal.16 d.Code 417 1)"NOT APPROVED" is assigned when the submittal does not meet the18 intent of the Contract Documents.19 a)The Contractor must resubmit the entire package revised to bring the20 submittal into conformance.21 b)It may be necessary to resubmit using a different manufacturer/vendor22 to meet the Contract Documents.23 6.Resubmittals24 a.Handled in the same manner as first submittals25 1)Corrections other than requested by the City26 2)Marked with revision triangle or other similar method27 a)At Contractor’s risk if not marked28 b.Submittals for each item will be reviewed no more than twice at the City’s29 expense.30 1)All subsequent reviews will be performed at times convenient to the City31 and at the Contractor's expense, based on the City's or City32 Representative’s then prevailing rates.33 2)Provide Contractor reimbursement to the City within 30 Calendar Days for34 all such fees invoiced by the City.35 c.The need for more than 1 resubmission or any other delay in obtaining City's36 review of submittals, will not entitle the Contractor to an extension of Contract37 Time.38 7.Partial Submittals39 a.City reserves the right to not review submittals deemed partial, at the City’s40 discretion.41 b.Submittals deemed by the City to be not complete will be returned to the42 Contractor, and will be considered "Not Approved" until resubmitted.43 c.The City may at its option provide a list or mark the submittal directing the44 Contractor to the areas that are incomplete.45 8.If the Contractor considers any correction indicated on the shop drawings to46 constitute a change to the Contract Documents, then written notice must be47 provided thereof to the Developer at least 7 Calendar Days prior to release for48 manufacture.49 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 9.When the shop drawings have been completed to the satisfaction of the City, the1 Contractor may carry out the construction in accordance therewith and no further2 changes therein except upon written instructions from the City.3 10.Each submittal, appropriately coded, will be returned within 30 Calendar Days4 following receipt of submittal by the City.5 L.Mock ups6 1.Mock Up units as specified in individual Sections, include, but are not necessarily7 limited to, complete units of the standard of acceptance for that type of Work to be8 used on the Project. Remove at the completion of the Work or when directed.9 M.Qualifications10 1.If specifically required in other Sections of these Specifications, submit a P.E.11 Certification for each item required.12 N.Request for Information (RFI)13 1.Contractor Request for additional information14 a.Clarification or interpretation of the contract documents15 b.When the Contractor believes there is a conflict between Contract Documents16 c.When the Contractor believes there is a conflict between the Drawings and17 Specifications18 1)Identify the conflict and request clarification19 2.Sufficient information shall be attached to permit a written response without further20 information.21 22 23 24 25 1.5 SUBMITTALS [NOT USED]26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]27 1.7 CLOSEOUT SUBMITTALS [NOT USED]28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]29 1.9 QUALITY ASSURANCE [NOT USED]30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]31 1.11 FIELD [SITE] CONDITIONS [NOT USED]32 1.12 WARRANTY [NOT USED]33 01 33 00 - 8 DAP SUBMITTALS Page 8 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 PART 2 -PRODUCTS [NOT USED]1 PART 3 -EXECUTION [NOT USED]2 END OF SECTION3 4 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 5 01 35 13 - 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 SECTION 01 35 131 SPECIAL PROJECT PROCEDURES2 3 PART 1 -GENERAL4 1.1 SUMMARY5 A.Section Includes:6 1.The procedures for special project circumstances that includes, but is not limited to:7 a.Coordination with the Texas Department of Transportation8 b.Work near High Voltage Lines9 c.Confined Space Entry Program10 d.Air Pollution Watch Days11 e.Use of Explosives, Drop Weight, Etc.12 f.Water Department Notification13 g.Public Notification Prior to Beginning Construction14 h.Coordination with United States Army Corps of Engineers15 i.Coordination within Railroad permits areas16 j.Dust Control17 k.Employee Parking18 B.Deviations from this City of Fort Worth Standard Specification19 1.None.20 C.Related Specification Sections include, but are not necessarily limited to:21 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract22 2.Division 1 – General Requirements23 3.Section 33 12 25 – Connection to Existing Water Mains24 25 1.2 REFERENCES26 A.Reference Standards27 1.Reference standards cited in this Specification refer to the current reference28 standard published at the time of the latest revision date logged at the end of this29 Specification, unless a date is specifically cited.30 2.Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752.31 High Voltage Overhead Lines.32 3.North Central Texas Council of Governments (NCTCOG) – Clean Construction33 Specification34 1.3 ADMINISTRATIVE REQUIREMENTS35 A.Coordination with the Texas Department of Transportation36 1.When work in the right-of-way which is under the jurisdiction of the Texas37 Department of Transportation (TxDOT):38 a.Notify the Texas Department of Transportation prior to commencing any work39 therein in accordance with the provisions of the permit40 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 b.All work performed in the TxDOT right-of-way shall be performed in1 compliance with and subject to approval from the Texas Department of2 Transportation3 B.Work near High Voltage Lines4 1.Regulatory Requirements5 a.All Work near High Voltage Lines (more than 600 volts measured between6 conductors or between a conductor and the ground) shall be in accordance with7 Health and Safety Code, Title 9, Subtitle A, Chapter 752.8 2.Warning sign9 a.Provide sign of sufficient size meeting all OSHA requirements.10 3.Equipment operating within 10 feet of high voltage lines will require the following11 safety features12 a.Insulating cage-type of guard about the boom or arm13 b.Insulator links on the lift hook connections for back hoes or dippers14 c.Equipment must meet the safety requirements as set forth by OSHA and the15 safety requirements of the owner of the high voltage lines16 4.Work within 6 feet of high voltage electric lines17 a.Notification shall be given to:18 1)The power company (example: ONCOR)19 a)Maintain an accurate log of all such calls to power company and record20 action taken in each case.21 b.Coordination with power company22 1)After notification coordinate with the power company to:23 a)Erect temporary mechanical barriers, de-energize the lines, or raise or24 lower the lines25 c.No personnel may work within 6 feet of a high voltage line before the above26 requirements have been met.27 C.Confined Space Entry Program28 1.Provide and follow approved Confined Space Entry Program in accordance with29 OSHA requirements.30 2.Confined Spaces include:31 a.Manholes32 b.All other confined spaces in accordance with OSHA’s Permit Required for33 Confined Spaces34 D.Use of Explosives, Drop Weight, Etc.35 1.When Contract Documents permit on the project the following will apply:36 a.Public Notification37 1)Submit notice to City and proof of adequate insurance coverage, 24 hours38 prior to commencing.39 2)Minimum 24 hour public notification in accordance with Section 01 31 1340 E.Water Department Coordination41 1.During the construction of this project, it will be necessary to deactivate, for a42 period of time, existing lines. The Contractor shall be required to coordinate with43 the Water Department to determine the best times for deactivating and activating44 those lines.45 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 2.Coordinate any event that will require connecting to or the operation of an existing1 City water line system with the City’s representative.2 a.Coordination shall be in accordance with Section 33 12 25.3 b.If needed, obtain a hydrant water meter from the Water Department for use4 during the life of named project.5 c.In the event that a water valve on an existing live system be turned off and on6 to accommodate the construction of the project is required, coordinate this7 activity through the appropriate City representative.8 1)Do not operate water line valves of existing water system.9 a)Failure to comply will render the Contractor in violation of Texas Penal10 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor11 will be prosecuted to the full extent of the law.12 b)In addition, the Contractor will assume all liabilities and13 responsibilities as a result of these actions.14 F.Public Notification Prior to Beginning Construction15 1.Prior to beginning construction on any block in the project, on a block by block16 basis, prepare and deliver a notice or flyer of the pending construction to the front17 door of each residence or business that will be impacted by construction. The notice18 shall be prepared as follows:19 a.Post notice or flyer 7 days prior to beginning any construction activity on each20 block in the project area.21 1)Prepare flyer on the Contractor’s letterhead and include the following22 information:23 a)Name of Project24 b)City Project No (CPN)25 c)Scope of Project (i.e. type of construction activity)26 d)Actual construction duration within the block27 e)Name of the contractor’s foreman and phone number28 f)Name of the City’s inspector and phone number29 g)City’s after-hours phone number30 2)A sample of the ‘pre-construction notification’ flyer is attached as Exhibit31 A.32 3)Submit schedule showing the construction start and finish time for each33 block of the project to the inspector.34 4)Deliver flyer to the City Inspector for review prior to distribution.35 b.No construction will be allowed to begin on any block until the flyer is36 delivered to all residents of the block.37 G.Public Notification of Temporary Water Service Interruption during Construction38 1.In the event it becomes necessary to temporarily shut down water service to39 residents or businesses during construction, prepare and deliver a notice or flyer of40 the pending interruption to the front door of each affected resident.41 2.Prepared notice as follows:42 a.The notification or flyer shall be posted 24 hours prior to the temporary43 interruption.44 b.Prepare flyer on the contractor’s letterhead and include the following45 information:46 1)Name of the project47 2)City Project Number48 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 3)Date of the interruption of service1 4)Period the interruption will take place2 5)Name of the contractor’s foreman and phone number3 6)Name of the City’s inspector and phone number4 c.A sample of the temporary water service interruption notification is attached as5 Exhibit B.6 d.Deliver a copy of the temporary interruption notification to the City inspector7 for review prior to being distributed.8 e.No interruption of water service can occur until the flyer has been delivered to9 all affected residents and businesses.10 f.Electronic versions of the sample flyers can be obtained from the Project11 Construction Inspector.12 H.Coordination with United States Army Corps of Engineers (USACE)13 1.At locations in the Project where construction activities occur in areas where14 USACE permits are required, meet all requirements set forth in each designated15 permit.16 I.Coordination within Railroad Permit Areas17 1.At locations in the project where construction activities occur in areas where18 railroad permits are required, meet all requirements set forth in each designated19 railroad permit. This includes, but is not limited to, provisions for:20 a.Flagmen21 b.Inspectors22 c.Safety training23 d.Additional insurance24 e.Insurance certificates25 f.Other employees required to protect the right-of-way and property of the26 Railroad Company from damage arising out of and/or from the construction of27 the project. Proper utility clearance procedures shall be used in accordance28 with the permit guidelines.29 2.Obtain any supplemental information needed to comply with the railroad’s30 requirements.31 J.Dust Control32 1.Use acceptable measures to control dust at the Site.33 a.If water is used to control dust, capture and properly dispose of waste water.34 b.If wet saw cutting is performed, capture and properly dispose of slurry.35 K.Employee Parking36 1.Provide parking for employees at locations approved by the City.37 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 1.4 SUBMITTALS [NOT USED]1 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]2 1.6 CLOSEOUT SUBMITTALS [NOT USED]3 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]4 1.8 QUALITY ASSURANCE [NOT USED]5 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED]6 1.10 FIELD [SITE] CONDITIONS [NOT USED]7 1.11 WARRANTY [NOT USED]8 PART 2 -PRODUCTS [NOT USED]9 PART 3 -EXECUTION [NOT USED]10 END OF SECTION11 12 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. 13 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 EXHIBIT A1 (To be printed on Contractor’s Letterhead)2 3 4 5 Date:6 7 CPN No.:8 Project Name:9 Mapsco Location:10 Limits of Construction:11 12 13 14 15 16 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT17 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR18 PROPERTY.19 20 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE21 OF THIS NOTICE.22 23 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER24 ISSUE, PLEASE CALL:25 26 27 Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.>28 29 OR30 31 Mr. <CITY INSPECTOR> AT <TELEPHONE NO.>32 33 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 830634 35 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL36 37 01 35 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 EXHIBIT B1 2 3 4 01 45 23 - 1 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 SECTION 01 45 231 TESTING AND INSPECTION SERVICES2 PART 1 -GENERAL3 1.1 SUMMARY4 A.Section Includes:5 1.Testing and inspection services procedures and coordination6 B.Deviations from this City of Fort Worth Standard Specification7 1.None.8 C.Related Specification Sections include, but are not necessarily limited to:9 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract10 2.Division 1 – General Requirements11 1.2 PRICE AND PAYMENT PROCEDURES12 A.Measurement and Payment13 1.Work associated with this Item is considered subsidiary to the various Items bid.14 No separate payment will be allowed for this Item.15 a.Contractor is responsible for performing, coordinating, and payment of all16 Quality Control testing.17 b.City is responsible for performing and payment for first set of Quality18 Assurance testing.19 1)If the first Quality Assurance test performed by the City fails, the20 Contractor is responsible for payment of subsequent Quality Assurance21 testing until a passing test occurs.22 a)Final acceptance will not be issued by City until all required payments23 for testing by Contractor have been paid in full.24 1.3 REFERENCES [NOT USED]25 1.4 ADMINISTRATIVE REQUIREMENTS26 A.Testing27 1.Complete testing in accordance with the Contract Documents.28 2.Coordination29 a.When testing is required to be performed by the City, notify City, sufficiently30 in advance, when testing is needed.31 b.When testing is required to be completed by the Contractor, notify City,32 sufficiently in advance, that testing will be performed.33 3.Distribution of Testing Reports34 a.Electronic Distribution35 1)Confirm development of Project directory for electronic submittals to be36 uploaded to City’s Buzzsaw site, or another form of distribution approved37 by the City.38 01 45 23 - 2 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 2)Upload test reports to designated project directory and notify appropriate1 City representatives via email of submittal posting.2 3)Hard Copies3 a)1 copy for all submittals submitted to the Project Representative4 b.Hard Copy Distribution (if required in lieu of electronic distribution)5 1)Tests performed by City6 a)Distribute 1 hard copy to the Contractor7 2)Tests performed by the Contractor8 a)Distribute 3 hard copies to City’s Project Representative9 4.Provide City’s Project Representative with trip tickets for each delivered load of10 Concrete or Lime material including the following information:11 a.Name of pit12 b.Date of delivery13 c.Material delivered14 B.Inspection15 1.Inspection or lack of inspection does not relieve the Contractor from obligation to16 perform work in accordance with the Contract Documents.17 1.5 SUBMITTALS [NOT USED]18 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]19 1.7 CLOSEOUT SUBMITTALS [NOT USED]20 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]21 1.9 QUALITY ASSURANCE [NOT USED]22 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]23 1.11 FIELD [SITE] CONDITIONS [NOT USED]24 1.12 WARRANTY [NOT USED]25 PART 2 -PRODUCTS [NOT USED]26 PART 3 -EXECUTION [NOT USED]27 END OF SECTION28 29 Revision Log DATE NAME SUMMARY OF CHANGE 30 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised JULY 1, 2011 SECTION 01 50 001 TEMPORARY FACILITIES AND CONTROLS2 PART 1 -GENERAL3 1.1 SUMMARY4 A.Section Includes:5 1.Provide temporary facilities and controls needed for the Work including, but not6 necessarily limited to:7 a.Temporary utilities8 b.Sanitary facilities9 c.Storage Sheds and Buildings10 d.Dust control11 e.Temporary fencing of the construction site12 B.Deviations from this City of Fort Worth Standard Specification13 1.None.14 C.Related Specification Sections include, but are not necessarily limited to:15 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract16 2.Division 1 – General Requirements17 1.2 PRICE AND PAYMENT PROCEDURES18 A.Measurement and Payment19 1.Work associated with this Item is considered subsidiary to the various Items bid.20 No separate payment will be allowed for this Item.21 1.3 REFERENCES [NOT USED]22 1.4 ADMINISTRATIVE REQUIREMENTS23 A.Temporary Utilities24 1.Obtaining Temporary Service25 a.Make arrangements with utility service companies for temporary services.26 b.Abide by rules and regulations of utility service companies or authorities27 having jurisdiction.28 c.Be responsible for utility service costs until Work is approved for Final29 Acceptance.30 1)Included are fuel, power, light, heat and other utility services necessary for31 execution, completion, testing and initial operation of Work.32 2.Water33 a.Contractor to provide water required for and in connection with Work to be34 performed and for specified tests of piping, equipment, devices or other use as35 required for the completion of the Work.36 b.Provide and maintain adequate supply of potable water for domestic37 consumption by Contractor personnel and City’s Project Representatives.38 c.Coordination39 1)Contact City 1 week before water for construction is desired40 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised JULY 1, 2011 d.Contractor Payment for Construction Water1 1)Obtain construction water meter from City for payment as billed by City’s2 established rates.3 3.Electricity and Lighting4 a.Provide and pay for electric powered service as required for Work, including5 testing of Work.6 1)Provide power for lighting, operation of equipment, or other use.7 b.Electric power service includes temporary power service or generator to8 maintain operations during scheduled shutdown.9 4.Telephone10 a.Provide emergency telephone service at Site for use by Contractor personnel11 and others performing work or furnishing services at Site.12 5.Temporary Heat and Ventilation13 a.Provide temporary heat as necessary for protection or completion of Work.14 b.Provide temporary heat and ventilation to assure safe working conditions.15 B.Sanitary Facilities16 1.Provide and maintain sanitary facilities for persons on Site.17 a.Comply with regulations of State and local departments of health.18 2.Enforce use of sanitary facilities by construction personnel at job site.19 a.Enclose and anchor sanitary facilities.20 b.No discharge will be allowed from these facilities.21 c.Collect and store sewage and waste so as not to cause nuisance or health22 problem.23 d.Haul sewage and waste off-site at no less than weekly intervals and properly24 dispose in accordance with applicable regulation.25 3.Locate facilities near Work Site and keep clean and maintained throughout Project.26 4.Remove facilities at completion of Project27 C.Storage Sheds and Buildings28 1.Provide adequately ventilated, watertight, weatherproof storage facilities with floor29 above ground level for materials and equipment susceptible to weather damage.30 2.Storage of materials not susceptible to weather damage may be on blocks off31 ground.32 3.Store materials in a neat and orderly manner.33 a.Place materials and equipment to permit easy access for identification,34 inspection and inventory.35 4.Equip building with lockable doors and lighting, and provide electrical service for36 equipment space heaters and heating or ventilation as necessary to provide storage37 environments acceptable to specified manufacturers.38 5.Fill and grade site for temporary structures to provide drainage away from39 temporary and existing buildings.40 6.Remove building from site prior to Final Acceptance.41 D.Temporary Fencing42 1.Provide and maintain for the duration or construction when required in contract43 documents44 E.Dust Control45 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised JULY 1, 2011 1.Contractor is responsible for maintaining dust control through the duration of the1 project.2 a.Contractor remains on-call at all times3 b.Must respond in a timely manner4 F.Temporary Protection of Construction5 1.Contractor or subcontractors are responsible for protecting Work from damage due6 to weather.7 1.5 SUBMITTALS [NOT USED]8 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]9 1.7 CLOSEOUT SUBMITTALS [NOT USED]10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]11 1.9 QUALITY ASSURANCE [NOT USED]12 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]13 1.11 FIELD [SITE] CONDITIONS [NOT USED]14 1.12 WARRANTY [NOT USED]15 PART 2 -PRODUCTS [NOT USED]16 PART 3 -EXECUTION [NOT USED]17 3.1 INSTALLERS [NOT USED]18 3.2 EXAMINATION [NOT USED]19 3.3 PREPARATION [NOT USED]20 3.4 INSTALLATION21 A.Temporary Facilities22 1.Maintain all temporary facilities for duration of construction activities as needed.23 3.5 [REPAIR] / [RESTORATION]24 3.6 RE-INSTALLATION25 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED]26 3.8 SYSTEM STARTUP [NOT USED]27 3.9 ADJUSTING [NOT USED]28 3.10 CLEANING [NOT USED]29 3.11 CLOSEOUT ACTIVITIES30 A.Temporary Facilities31 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised JULY 1, 2011 1.Remove all temporary facilities and restore area after completion of the Work, to a1 condition equal to or better than prior to start of Work.2 3.12 PROTECTION [NOT USED]3 3.13 MAINTENANCE [NOT USED]4 3.14 ATTACHMENTS [NOT USED]5 END OF SECTION6 7 Revision Log DATE NAME SUMMARY OF CHANGE 8 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised July 1, 2011 SECTION 01 55 261 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL2 PART 1 -GENERAL3 1.1 SUMMARY4 A.Section Includes:5 1.Administrative procedures for:6 a.Street Use Permit7 b.Modification of approved traffic control8 c.Removal of Street Signs9 B.Deviations from this City of Fort Worth Standard Specification10 1.None.11 C.Related Specification Sections include, but are not necessarily limited to:12 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract13 2.Division 1 – General Requirements14 3.Section 34 71 13 – Traffic Control15 1.2 PRICE AND PAYMENT PROCEDURES16 A.Measurement and Payment17 1.Work associated with this Item is considered subsidiary to the various Items bid.18 No separate payment will be allowed for this Item.19 1.3 REFERENCES20 A.Reference Standards21 1.Reference standards cited in this specification refer to the current reference standard22 published at the time of the latest revision date logged at the end of this23 specification, unless a date is specifically cited.24 2.Texas Manual on Uniform Traffic Control Devices (TMUTCD).25 1.4 ADMINISTRATIVE REQUIREMENTS26 A.Traffic Control27 1.General28 a.When traffic control plans are included in the Drawings, provide Traffic29 Control in accordance with Drawings and Section 34 71 13.30 b.When traffic control plans are not included in the Drawings, prepare traffic31 control plans in accordance with Section 34 71 13 and submit to City for32 review.33 1)Allow minimum 10 working days for review of proposed Traffic Control.34 B.Street Use Permit35 1.Prior to installation of Traffic Control, a City Street Use Permit is required.36 a.To obtain Street Use Permit, submit Traffic Control Plans to City37 Transportation and Public Works Department.38 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised July 1, 2011 1)Allow a minimum of 5 working days for permit review.1 2)Contractor’s responsibility to coordinate review of Traffic Control plans for2 Street Use Permit, such that construction is not delayed.3 C.Modification to Approved Traffic Control4 1.Prior to installation traffic control:5 a.Submit revised traffic control plans to City Department Transportation and6 Public Works Department.7 1)Revise Traffic Control plans in accordance with Section 34 71 13.8 2)Allow minimum 5 working days for review of revised Traffic Control.9 3)It is the Contractor’s responsibility to coordinate review of Traffic Control10 plans for Street Use Permit, such that construction is not delayed.11 D.Removal of Street Sign12 1.If it is determined that a street sign must be removed for construction, then contact13 City Transportation and Public Works Department, Signs and Markings Division to14 remove the sign.15 E.Temporary Signage16 1.In the case of regulatory signs, replace permanent sign with temporary sign meeting17 requirements of the latest edition of the Texas Manual on Uniform Traffic Control18 Devices (MUTCD).19 2.Install temporary sign before the removal of permanent sign.20 3.When construction is complete, to the extent that the permanent sign can be21 reinstalled, contact the City Transportation and Public Works Department, Signs22 and Markings Division, to reinstall the permanent sign.23 F.Traffic Control Standards24 1.Traffic Control Standards can be found on the City’s Buzzsaw website.25 1.5 SUBMITTALS [NOT USED]26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]27 1.7 CLOSEOUT SUBMITTALS [NOT USED]28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]29 1.9 QUALITY ASSURANCE [NOT USED]30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]31 1.11 FIELD [SITE] CONDITIONS [NOT USED]32 1.12 WARRANTY [NOT USED]33 PART 2 -PRODUCTS [NOT USED]34 PART 3 -EXECUTION [NOT USED]35 END OF SECTION36 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised July 1, 2011 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH IPRC19-0200 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 102283 Revised July 1, 2011 SECTION 01 57 131 STORM WATER POLLUTION PREVENTION2 PART 1 -GENERAL3 1.1 SUMMARY4 A.Section Includes:5 1.Procedures for Storm Water Pollution Prevention Plans6 B.Deviations from this City of Fort Worth Standard Specification7 1.None.8 C.Related Specification Sections include, but are not necessarily limited to:9 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the10 Contract11 2.Division 1 – General Requirements12 3.Section 31 25 00 – Erosion and Sediment Control13 1.2 PRICE AND PAYMENT PROCEDURES14 A.Measurement and Payment15 1.Construction Activities resulting in less than 1 acre of disturbance16 a.Work associated with this Item is considered subsidiary to the various Items17 bid. No separate payment will be allowed for this Item.18 2.Construction Activities resulting in greater than 1 acre of disturbance19 a.Measurement and Payment shall be in accordance with Section 31 25 00.20 1.3 REFERENCES21 A.Abbreviations and Acronyms22 1.Notice of Intent: NOI23 2.Notice of Termination: NOT24 3.Storm Water Pollution Prevention Plan: SWPPP25 4.Texas Commission on Environmental Quality: TCEQ26 5.Notice of Change: NOC27 A.Reference Standards28 1.Reference standards cited in this Specification refer to the current reference29 standard published at the time of the latest revision date logged at the end of this30 Specification, unless a date is specifically cited.31 2.Integrated Storm Management (iSWM) Technical Manual for Construction32 Controls33 1.4 ADMINISTRATIVE REQUIREMENTS34 A.General35 1.Contractor is responsible for resolution and payment of any fines issued associated36 with compliance to Stormwater Pollution Prevention Plan.37 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH IPRC19-0200 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 102283 Revised July 1, 2011 B.Construction Activities resulting in:1 1.Less than 1 acre of disturbance2 a.Provide erosion and sediment control in accordance with Section 31 25 00 and3 Drawings.4 2.1 to less than 5 acres of disturbance5 a.Texas Pollutant Discharge Elimination System (TPDES) General Construction6 Permit is required7 b.Complete SWPPP in accordance with TCEQ requirements8 1)TCEQ Small Construction Site Notice Required under general permit9 TXR15000010 a)Sign and post at job site11 b)Prior to Preconstruction Meeting, send 1 copy to City Department of12 Transportation and Public Works, Environmental Division, (817) 392-13 6088.14 2)Provide erosion and sediment control in accordance with:15 a)Section 31 25 0016 b)The Drawings17 c)TXR150000 General Permit18 d)SWPPP19 e)TCEQ requirements20 3.5 acres or more of Disturbance21 a.Texas Pollutant Discharge Elimination System (TPDES) General Construction22 Permit is required23 b.Complete SWPPP in accordance with TCEQ requirements24 1)Prepare a TCEQ NOI form and submit to TCEQ along with required fee25 a)Sign and post at job site26 b)Send copy to City Department of Transportation and Public Works,27 Environmental Division, (817) 392-6088.28 2)TCEQ Notice of Change required if making changes or updates to NOI29 3)Provide erosion and sediment control in accordance with:30 a)Section 31 25 0031 b)The Drawings32 c)TXR150000 General Permit33 d)SWPPP34 e)TCEQ requirements35 4)Once the project has been completed and all the closeout requirements of36 TCEQ have been met a TCEQ Notice of Termination can be submitted.37 a)Send copy to City Department of Transportation and Public Works,38 Environmental Division, (817) 392-6088.39 1.5 SUBMITTALS40 A.SWPPP41 1.Submit in accordance with Section 01 33 00, except as stated herein.42 a.Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City43 as follows:44 1)1 copy to the City Project Manager45 a)City Project Manager will forward to the City Department of46 Transportation and Public Works, Environmental Division for review47 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH IPRC19-0200 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 102283 Revised July 1, 2011 B.Modified SWPPP1 1.If the SWPPP is revised during construction, resubmit modified SWPPP to the City2 in accordance with Section 01 33 00.3 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]4 1.7 CLOSEOUT SUBMITTALS [NOT USED]5 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]6 1.9 QUALITY ASSURANCE [NOT USED]7 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]8 1.11 FIELD [SITE] CONDITIONS [NOT USED]9 1.12 WARRANTY [NOT USED]10 PART 2 -PRODUCTS [NOT USED]11 PART 3 -EXECUTION [NOT USED]12 END OF SECTION13 14 Revision Log DATE NAME SUMMARY OF CHANGE 15 01 60 00 - 1 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 SECTION 01 60 001 PRODUCT REQUIREMENTS2 PART 1 -GENERAL3 1.1 SUMMARY4 A.Section Includes:5 1.References for Product Requirements and City Standard Products List6 B.Deviations from this City of Fort Worth Standard Specification7 1.None.8 C.Related Specification Sections include, but are not necessarily limited to:9 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract10 2.Division 1 – General Requirements11 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED]12 1.3 REFERENCES [NOT USED]13 1.4 ADMINISTRATIVE REQUIREMENTS14 A.A list of City approved products for use is located on Buzzsaw as follows:15 1.Resources\02 - Construction Documents\Standard Products List16 B.Only products specifically included on City’s Standard Product List in these Contract17 Documents shall be allowed for use on the Project.18 1.Any subsequently approved products will only be allowed for use upon specific19 approval by the City.20 C.Any specific product requirements in the Contract Documents supersede similar21 products included on the City’s Standard Product List.22 1.The City reserves the right to not allow products to be used for certain projects even23 though the product is listed on the City’s Standard Product List.24 D.Although a specific product is included on City’s Standard Product List, not all25 products from that manufacturer are approved for use, including but not limited to, that26 manufacturer’s standard product.27 E.See Section 01 33 00 for submittal requirements of Product Data included on City’s28 Standard Product List.29 1.5 SUBMITTALS [NOT USED]30 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]31 1.7 CLOSEOUT SUBMITTALS [NOT USED]32 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]33 1.9 QUALITY ASSURANCE [NOT USED]34 01 60 00 - 2 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]1 1.11 FIELD [SITE] CONDITIONS [NOT USED]2 1.12 WARRANTY [NOT USED]3 PART 2 -PRODUCTS [NOT USED]4 PART 3 -EXECUTION [NOT USED]5 END OF SECTION6 7 Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 8 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 SECTION 01 66 001 PRODUCT STORAGE AND HANDLING REQUIREMENTS2 PART 1 -GENERAL3 1.1 SUMMARY4 A.Section Includes:5 1.Scheduling of product delivery6 2.Packaging of products for delivery7 3.Protection of products against damage from:8 a.Handling9 b.Exposure to elements or harsh environments10 B.Deviations from this City of Fort Worth Standard Specification11 1.None.12 C.Related Specification Sections include, but are not necessarily limited to:13 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract14 2.Division 1 – General Requirements15 1.2 PRICE AND PAYMENT PROCEDURES16 A.Measurement and Payment17 1.Work associated with this Item is considered subsidiary to the various Items bid.18 No separate payment will be allowed for this Item.19 1.3 REFERENCES [NOT USED]20 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]21 1.5 SUBMITTALS [NOT USED]22 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]23 1.7 CLOSEOUT SUBMITTALS [NOT USED]24 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]25 1.9 QUALITY ASSURANCE [NOT USED]26 1.10 DELIVERY AND HANDLING27 A.Delivery Requirements28 1.Schedule delivery of products or equipment as required to allow timely installation29 and to avoid prolonged storage.30 2.Provide appropriate personnel and equipment to receive deliveries.31 3.Delivery trucks will not be permitted to wait extended periods of time on the Site32 for personnel or equipment to receive the delivery.33 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 4.Deliver products or equipment in manufacturer's original unbroken cartons or other1 containers designed and constructed to protect the contents from physical or2 environmental damage.3 5.Clearly and fully mark and identify as to manufacturer, item and installation4 location.5 6.Provide manufacturer's instructions for storage and handling.6 B.Handling Requirements7 1.Handle products or equipment in accordance with these Contract Documents and8 manufacturer’s recommendations and instructions.9 C.Storage Requirements10 1.Store materials in accordance with manufacturer’s recommendations and11 requirements of these Specifications.12 2.Make necessary provisions for safe storage of materials and equipment.13 a.Place loose soil materials and materials to be incorporated into Work to prevent14 damage to any part of Work or existing facilities and to maintain free access at15 all times to all parts of Work and to utility service company installations in16 vicinity of Work.17 3.Keep materials and equipment neatly and compactly stored in locations that will18 cause minimum inconvenience to other contractors, public travel, adjoining owners,19 tenants and occupants.20 a.Arrange storage to provide easy access for inspection.21 4.Restrict storage to areas available on construction site for storage of material and22 equipment as shown on Drawings, or approved by City’s Project Representative.23 5.Provide off-site storage and protection when on-site storage is not adequate.24 a.Provide addresses of and access to off-site storage locations for inspection by25 City’s Project Representative.26 6.Do not use lawns, grass plots or other private property for storage purposes without27 written permission of owner or other person in possession or control of premises.28 7.Store in manufacturers’ unopened containers.29 8.Neatly, safely and compactly stack materials delivered and stored along line of30 Work to avoid inconvenience and damage to property owners and general public31 and maintain at least 3 feet from fire hydrant.32 9.Keep public and private driveways and street crossings open.33 10.Repair or replace damaged lawns, sidewalks, streets or other improvements to34 satisfaction of City’s Project Representative.35 a.Total length which materials may be distributed along route of construction at36 one time is 1,000 linear feet, unless otherwise approved in writing by City’s37 Project Representative.38 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED]1 1.12 WARRANTY [NOT USED]2 PART 2 -PRODUCTS [NOT USED]3 PART 3 -EXECUTION4 3.1 INSTALLERS [NOT USED]5 3.2 EXAMINATION [NOT USED]6 3.3 PREPARATION [NOT USED]7 3.4 ERECTION [NOT USED]8 3.5 REPAIR / RESTORATION [NOT USED]9 3.6 RE-INSTALLATION [NOT USED]10 3.7 FIELD [OR] SITE QUALITY CONTROL11 A.Tests and Inspections12 1.Inspect all products or equipment delivered to the site prior to unloading.13 B.Non-Conforming Work14 1.Reject all products or equipment that are damaged, used or in any other way15 unsatisfactory for use on the project.16 3.8 SYSTEM STARTUP [NOT USED]17 3.9 ADJUSTING [NOT USED]18 3.10 CLEANING [NOT USED]19 3.11 CLOSEOUT ACTIVITIES [NOT USED]20 3.12 PROTECTION21 A.Protect all products or equipment in accordance with manufacturer's written directions.22 B.Store products or equipment in location to avoid physical damage to items while in23 storage.24 C.Protect equipment from exposure to elements and keep thoroughly dry if required by25 the manufacturer.26 3.13 MAINTENANCE [NOT USED]27 3.14 ATTACHMENTS [NOT USED]28 END OF SECTION29 30 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 1 01 70 00 - 1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 SECTION 01 70 001 MOBILIZATION AND REMOBILIZATION2 PART 1 -GENERAL3 1.1 SUMMARY4 A.Section Includes:5 1.Mobilization and Demobilization6 a.Mobilization7 1)Transportation of Contractor’s personnel, equipment, and operating supplies8 to the Site9 2)Establishment of necessary general facilities for the Contractor’s operation10 at the Site11 3)Premiums paid for performance and payment bonds12 4)Transportation of Contractor’s personnel, equipment, and operating supplies13 to another location within the designated Site14 5)Relocation of necessary general facilities for the Contractor’s operation15 from 1 location to another location on the Site.16 b.Demobilization17 1)Transportation of Contractor’s personnel, equipment, and operating supplies18 away from the Site including disassembly19 2)Site Clean-up20 3)Removal of all buildings and/or other facilities assembled at the Site for this21 Contract22 c.Mobilization and Demobilization do not include activities for specific items of23 work that are for which payment is provided elsewhere in the contract.24 2.Remobilization25 a.Remobilization for Suspension of Work specifically required in the Contract26 Documents or as required by City includes:27 1)Demobilization28 a)Transportation of Contractor’s personnel, equipment, and operating29 supplies from the Site including disassembly or temporarily securing30 equipment, supplies, and other facilities as designated by the Contract31 Documents necessary to suspend the Work.32 b)Site Clean-up as designated in the Contract Documents33 2)Remobilization34 a)Transportation of Contractor’s personnel, equipment, and operating35 supplies to the Site necessary to resume the Work.36 b)Establishment of necessary general facilities for the Contractor’s37 operation at the Site necessary to resume the Work.38 3)No Payments will be made for:39 a)Mobilization and Demobilization from one location to another on the40 Site in the normal progress of performing the Work.41 b)Stand-by or idle time42 c)Lost profits43 3.Mobilizations and Demobilization for Miscellaneous Projects44 a.Mobilization and Demobilization45 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 1)Mobilization shall consist of the activities and cost on a Work Order basis1 necessary for:2 a)Transportation of Contractor’s personnel, equipment, and operating3 supplies to the Site for the issued Work Order.4 b)Establishment of necessary general facilities for the Contractor’s5 operation at the Site for the issued Work Order6 2)Demobilization shall consist of the activities and cost necessary for:7 a)Transportation of Contractor’s personnel, equipment, and operating8 supplies from the Site including disassembly for each issued Work9 Order10 b)Site Clean-up for each issued Work Order11 c)Removal of all buildings or other facilities assembled at the Site for12 each Work Oder13 b.Mobilization and Demobilization do not include activities for specific items of14 work for which payment is provided elsewhere in the contract.15 4.Emergency Mobilizations and Demobilization for Miscellaneous Projects16 a.A Mobilization for Miscellaneous Projects when directed by the City and the17 mobilization occurs within 24 hours of the issuance of the Work Order.18 B.Deviations from this City of Fort Worth Standard Specification19 1.None.20 C.Related Specification Sections include, but are not necessarily limited to:21 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract22 2.Division 1 – General Requirements23 1.2 PRICE AND PAYMENT PROCEDURES24 A.Measurement and Payment25 1.Mobilization and Demobilization26 a.Measure27 1)This Item is considered subsidiary to the various Items bid.28 b.Payment29 1)The work performed and materials furnished in accordance with this Item30 are subsidiary to the various Items bid and no other compensation will be31 allowed.32 2.Remobilization for suspension of Work as specifically required in the Contract33 Documents34 a.Measurement35 1)Measurement for this Item shall be per each remobilization performed.36 b.Payment37 1)The work performed and materials furnished in accordance with this Item38 and measured as provided under “Measurement” will be paid for at the unit39 price per each “Specified Remobilization” in accordance with Contract40 Documents.41 c.The price shall include:42 1)Demobilization as described in Section 1.1.A.2.a.1)43 2)Remobilization as described in Section 1.1.A.2.a.2)44 d.No payments will be made for standby, idle time, or lost profits associated this45 Item.46 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 3.Remobilization for suspension of Work as required by City1 a.Measurement and Payment2 1)This shall be submitted as a Contract Claim in accordance with Article 103 of Section 00 72 00.4 2)No payments will be made for standby, idle time, or lost profits associated5 with this Item.6 4.Mobilizations and Demobilizations for Miscellaneous Projects7 a.Measurement8 1)Measurement for this Item shall be for each Mobilization and9 Demobilization required by the Contract Documents10 b.Payment11 1)The Work performed and materials furnished in accordance with this Item12 and measured as provided under “Measurement” will be paid for at the unit13 price per each “Work Order Mobilization” in accordance with Contract14 Documents. Demobilization shall be considered subsidiary to mobilization15 and shall not be paid for separately.16 c.The price shall include:17 1)Mobilization as described in Section 1.1.A.3.a.1)18 2)Demobilization as described in Section 1.1.A.3.a.2)19 d.No payments will be made for standby, idle time, or lost profits associated this20 Item.21 5.Emergency Mobilizations and Demobilizations for Miscellaneous Projects22 a.Measurement23 1)Measurement for this Item shall be for each Mobilization and24 Demobilization required by the Contract Documents25 b.Payment26 1)The Work performed and materials furnished in accordance with this Item27 and measured as provided under “Measurement” will be paid for at the unit28 price per each “Work Order Emergency Mobilization” in accordance with29 Contract Documents. Demobilization shall be considered subsidiary to30 mobilization and shall not be paid for separately.31 c.The price shall include32 1)Mobilization as described in Section 1.1.A.4.a)33 2)Demobilization as described in Section 1.1.A.3.a.2)34 d.No payments will be made for standby, idle time, or lost profits associated this35 Item.36 1.3 REFERENCES [NOT USED]37 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]38 1.5 SUBMITTALS [NOT USED]39 1.6 INFORMATIONAL SUBMITTALS [NOT USED]40 1.7 CLOSEOUT SUBMITTALS [NOT USED]41 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]42 1.9 QUALITY ASSURANCE [NOT USED]43 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]44 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED]1 1.12 WARRANTY [NOT USED]2 PART 2 -PRODUCTS [NOT USED]3 PART 3 -EXECUTION [NOT USED]4 END OF SECTION5 6 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 7 01 71 23 - 1 DAP CONSTRUCTION STAKING AND SURVEY Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 SECTION 01 71 231 CONSTRUCTION STAKING AND SURVEY2 PART 1 -GENERAL3 1.1 SUMMARY4 A.Section Includes:5 1. Requirements for construction staking and construction survey6 B.Deviations from this City of Fort Worth Standard Specification7 1. None.8 C.Related Specification Sections include, but are not necessarily limited to:9 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract10 2.Division 1 – General Requirements11 1.2 PRICE AND PAYMENT PROCEDURES12 A.Measurement and Payment13 1.Construction Staking14 a.Measurement15 1)This Item is considered subsidiary to the various Items bid.16 b.Payment17 1)The work performed and the materials furnished in accordance with this18 Item are subsidiary to the various Items bid and no other compensation will19 be allowed.20 2.Construction Survey21 a.Measurement22 1)This Item is considered subsidiary to the various Items bid.23 b.Payment24 1)The work performed and the materials furnished in accordance with this25 Item are subsidiary to the various Items bid and no other compensation will26 be allowed.27 1.3 REFERENCES [NOT USED]28 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]29 1.5 SUBMITTALS30 A.Submittals, if required, shall be in accordance with Section 01 33 00.31 B.All submittals shall be approved by the City prior to delivery.32 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS33 A.Certificates34 1.Provide certificate certifying that elevations and locations of improvements are in35 conformance or non-conformance with requirements of the Contract Documents.36 a.Certificate must be sealed by a registered professional land surveyor in the37 State of Texas.38 01 71 23 - 2 DAP CONSTRUCTION STAKING AND SURVEY Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 B.Field Quality Control Submittals1 1.Documentation verifying accuracy of field engineering work.2 1.7 CLOSEOUT SUBMITTALS [NOT USED]3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]4 1.9 QUALITY ASSURANCE5 A.Construction Staking6 1.Construction staking will be performed by the City.7 2.Coordination8 a.Contact City’s Project Representative at least 2 weeks in advance for9 scheduling of Construction Staking.10 b.It is the Contractor’s responsibility to coordinate staking such that construction11 activities are not delayed or negatively impacted.12 3.General13 a.Contractor is responsible for preserving and maintaining stakes furnished by14 City.15 b.If in the opinion of the City, a sufficient number of stakes or markings have16 been lost, destroyed or disturbed, by Contractor’s neglect, such that the17 contracted Work cannot take place, then the Contractor will be required to pay18 the City for new staking with a 25 percent markup. The cost for staking will be19 deducted from the payment due to the Contractor for the Project.20 B.Construction Survey21 1.Construction Survey will be performed by the City.22 2.Coordination23 a.Contractor to verify that control data established in the design survey remains24 intact.25 b.Coordinate with the City prior to field investigation to determine which26 horizontal and vertical control data will be required for construction survey.27 c.It is the Contractor’s responsibility to coordinate Construction Survey such that28 construction activities are not delayed or negatively impacted.29 d.Notify City if any control data needs to be restored or replaced due to damage30 caused during construction operations.31 1)City shall perform replacements and/or restorations.32 3.General33 a.Construction survey will be performed in order to maintain complete and34 accurate logs of control and survey work as it progresses for Project Records.35 b.The Contractor will need to ensure coordination is maintained with the City to36 perform construction survey to obtain construction features, including but not37 limited to the following:38 1)All Utility Lines39 a)Rim and flowline elevations and coordinates for each manhole or40 junction structure41 2)Water Lines42 a)Top of pipe elevations and coordinates for waterlines at the following43 locations:44 (1)Every 250 linear feet45 01 71 23 - 3 DAP CONSTRUCTION STAKING AND SURVEY Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 (2)Horizontal and vertical points of inflection, curvature, etc. (All1 Fittings)2 (3)Cathodic protection test stations3 (4)Sampling stations4 (5)Meter boxes/vaults (All sizes)5 (6)Fire lines6 (7)Fire hydrants7 (8)Gate valves8 (9)Plugs, stubouts, dead-end lines9 (10)Air Release valves (Manhole rim and vent pipe)10 (11)Blow off valves (Manhole rim and valve lid)11 (12)Pressure plane valves12 (13)Cleaning wyes13 (14)Casing pipe (each end)14 b)Storm Sewer15 (1)Top of pipe elevations and coordinates at the following locations:16 (a)Every 250 linear feet17 (b)Horizontal and vertical points of inflection, curvature, etc.18 c)Sanitary Sewer19 (1)Top of pipe elevations and coordinates for sanitary sewer lines at20 the following locations:21 (a)Every 250 linear feet22 (b)Horizontal and vertical points of inflection, curvature, etc.23 (c)Cleanouts24 c.Construction survey will be performed in order to maintain complete and25 accurate logs of control and survey work associated with meeting or exceeding26 the line and grade required by these Specifications.27 d.The Contractor will need to ensure coordination is maintained with the City to28 perform construction survey and to verify control data, including but not29 limited to the following:30 1)Established benchmarks and control points provided for the Contractor’s31 use are accurate32 2)Benchmarks were used to furnish and maintain all reference lines and33 grades for tunneling34 3)Lines and grades were used to establish the location of the pipe35 4)Submit to the City copies of field notes used to establish all lines and36 grades and allow the City to check guidance system setup prior to37 beginning each tunneling drive.38 5)Provide access for the City to verify the guidance system and the line and39 grade of the carrier pipe on a daily basis.40 6)The Contractor remains fully responsible for the accuracy of the work and41 the correction of it, as required.42 7)Monitor line and grade continuously during construction.43 8)Record deviation with respect to design line and grade once at each pipe44 joint and submit daily records to City.45 9)If the installation does not meet the specified tolerances, immediately notify46 the City and correct the installation in accordance with the Contract47 Documents.48 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]49 01 71 23 - 4 DAP CONSTRUCTION STAKING AND SURVEY Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED]1 1.12 WARRANTY [NOT USED]2 PART 2 -PRODUCTS [NOT USED]3 PART 3 -EXECUTION4 3.1 INSTALLERS [NOT USED]5 3.2 EXAMINATION [NOT USED]6 3.3 PREPARATION [NOT USED]7 3.4 APPLICATION8 3.5 REPAIR / RESTORATION [NOT USED]9 3.6 RE-INSTALLATION [NOT USED]10 3.7 FIELD [OR] SITE QUALITY CONTROL11 A.It is the Contractor’s responsibility to maintain all stakes and control data placed by the12 City in accordance with this Specification.13 B.Do not change or relocate stakes or control data without approval from the City.14 3.8 SYSTEM STARTUP [NOT USED]15 3.9 ADJUSTING [NOT USED]16 3.10 CLEANING [NOT USED]17 3.11 CLOSEOUT ACTIVITIES [NOT USED]18 3.12 PROTECTION [NOT USED]19 3.13 MAINTENANCE [NOT USED]20 3.14 ATTACHMENTS [NOT USED]21 END OF SECTION22 23 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 24 K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 1 of 26 Section 01 71 23.01 - Attachment A Survey Staking Standards February 2017 K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 2 of 26 These procedures are intended to provide a standard method for construction staking services associated with the City of Fort Worth projects. These are not to be considered all inclusive, but only as a general guideline.For projects on TXDOT right-of-way or through joint TXDOT participation, adherence to the TXDOT Survey Manual shall be followed and if a discrepancy arises, the TXDOT manual shall prevail. (http://onlinemanuals.txdot.gov/txdotmanuals/ess/ess.pdf) If you have a unique circumstance, please consult with the project manager, inspector, or survey department at 817-392-7925. Table of Contents I.City of Fort Worth Contact Information II.Construction Colors III.Standard Staking Supplies IV.Survey Equipment, Control, and Datum Standards V.Water Staking VI.Sanitary Sewer Staking VII.Storm Staking VIII.Curb and Gutter Staking IX.Cut Sheets X.As-built Survey K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 3 of 26 I.Survey Department Contact Information Physical and mailing address: 8851 Camp Bowie West Boulevard Suite 300 Fort Worth, Texas 76116 Office: (817) 392-7925 Survey Superintendent, direct line: (817) 392-8971 II.Construction Colors The following colors shall be used for staking or identifying features in the field. This includes flagging, paint of laths/stakes, paint of hubs, and any identification such as pin flags if necessary. Utility Color PROPOSED EXCAVATION WHITE ALL ELECTRIC AND CONDUITS RED POTABLE WATER BLUE GAS OR OIL YELLOW TELEPHONE/FIBER OPTIC ORANGE SURVEY CONTROL POINTS, BENCHMARKS, PROPERTY CORNERS, RIGHT-OF-WAYS, AND ALL PAVING INCLUDING CURB, SIDEWALK, BUILDING CORNERS PINK SANITARY SEWER GREEN IRRIGATION AND RECLAIMED WATER PURPLE III.Standard Staking Supplies Item Minimum size Lath/Stake 36" tall Wooden Hub (2"x2" min. square preferred)6" tall Pin Flags (2.5" x 3.5" preferred)21" long Guard Stakes Not required PK or Mag nails 1" long Iron Rods (1/2” or greater diameter)18” long Survey Marking Paint Water-based Flagging 1" wide Marking Whiskers (feathers)6" long Tacks (for marking hubs)3/4" long K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 4 of 26 IV.Survey Equipment, Control, and Datum Standards A.City Benchmarks All city benchmarks can be found here:http://fortworthtexas.gov/itsolutions/GIS/ Look for ‘Zoning Maps’. Under ‘Layers’ , expand ‘Basemap Layers’, and check on ‘Benchmarks’. B.Conventional or Robotic Total Station Equipment I.A minimum of a 10 arc-second instrument is required. II.A copy of the latest calibration report may be requested by the City at any time. It is recommended that an instrument be calibrated by certified technician at least 1 occurrence every 6 months. C.Network/V.R.S. and static GPS Equipment I.It is critical that the surveyor verify the correct horizontal and vertical datum prior commencing work. A site calibration may be required and shall consist of at least 4 control points spaced evenly apart and in varying quadrants. Additional field checks of the horizontal and vertical accuracies shall be completed and the City may ask for a copy of the calibration report at any time. II.Network GPS such as the Western Data Systems or SmartNet systems may be used for staking of property/R.O.W, forced-main water lines, and rough-grade only.No GPS staking for concrete, sanitary sewer, storm drain, final grade, or anything that needs vertical grading with a tolerance of 0.25’ or less is allowed. D.Control Points Set I.All control points set shall be accompanied by a lath with the appropriate Northing, Easting, and Elevation (if applicable) of the point set. Control points can be set rebar, ‘X’ in concrete, or any other appropriate item with a stable base and of a semi-permanent nature. A rebar cap is optional, but preferred if the cap is marked ‘control point’ or similar wording. II.Datasheets are required for all control points set. Datasheet should include: A.Horizontal and Vertical Datum used, Example: N.A.D.83, North Central Zone 4202, NAVD 88 Elevations B.Grid or ground distance. – If ground, provide scale factor used and base point coordinate, Example: C.S.F.=0.999125, Base point=North: 0, East=0 C.Geoid model used, Example: GEOID12A K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 5 of 26 E.Preferred Grid Datum Although many plan sets can be in surface coordinates, the City’s preferred grid datum is listed below. Careful consideration must be taken to verify what datum each project is in prior to beginning work. It is essential the surveyor be familiar with coordinate transformations and how a grid/surface/assumed coordinate system affect a project. Projected Coordinate System:NAD_1983_StatePlane_Texas_North_Central_FIPS_4202_Feet Projection: Lambert_Conformal_Conic False_Easting: 1968500.00000000 False_Northing: 6561666.66666667 Central_Meridian: -98.50000000 Standard_Parallel_1: 32.13333333 Standard_Parallel_2: 33.96666667 Latitude_Of_Origin: 31.66666667 Linear Unit: Foot_US Geographic Coordinate System: GCS_North_American_1983 Datum: D_North_American_1983 Prime Meridian: Greenwich Angular Unit: Degree Note:Regardless of what datum each particular project is in, deliverables to the City must be converted/translated into this preferred grid datum. 1 copy of the deliverable should be in the project datum (whatever it may be) and 1 copy should be in the NAD83, TX North Central 4202 zone.See Preferred File Naming Convention below F.Preferred Deliverable Format .txt .csv .dwg .job G.Preferred Data Format P,N,E,Z,D,N Point Number, Northing, Easting, Elevation, Description, Notes (if applicable) H.Preferred File Naming Convention This is the preferred format: City Project Number_Description_Datum.csv Example for a project that has surface coordinates which must be translated: File 1: C1234_As-built of Water on Main Street_Grid NAD83 TXSP 4202.csv K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 6 of 26 File 2: C1234_As-built of Water on Main Street_Project Specific Datum.csv Example Control Stakes K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 7 of 26 V.Water Staking Standards K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 8 of 26 A.Centerline Staking – Straight Line Tangents I.Offset lath/stakes every 200’ on even stations II.Painted blue lath/stake only, no hub is required III.Grade is to top of pipe (T/P) for 12” diameter pipes or smaller IV.Grade to flow line (F/L) for 16” and larger diameter pipes V.Grade should be 3.50’ below the proposed top of curb line for 10” and smaller diameter pipes VI.Grade should be 4.00’ below the proposed top of curb line for 12” and larger diameter pipes VII.Cut Sheets are required on all staking and a copy can be received from the survey superintendent Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker B.Centerline Staking - Curves I.If arc length is greater than 100’, POC (Point of Curvature) offset stakes should be set at a 25’ interval II.Same grading guidelines as above III.Staking of radius points of greater than 100’ may be omitted C.Water Meter Boxes I.7.0’ perpendicular offset is preferred to the center of the box II.Center of the meter should be 3.0’ behind the proposed face of curb III.Meter should be staked a minimum of 4.5’ away from the edge of a driveway IV.Grade is to top of box and should be +0.06’ higher than the proposed top of curb unless shown otherwise on the plans D.Fire Hydrants I.Center of Hydrant should be 3.0’ behind proposed face of curb II.Survey offset stake should be 7.0’ from the center and perpendicular to the curb line or water main III.Grade of hydrants should be +0.30 higher than the adjacent top of curb E.Water Valves & Vaults I.Offsets should be perpendicular to the proposed water main II.RIM grades should only be provided if on plans Example Water Stakes K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 9 of 26 VI.Sanitary Sewer Staking K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 10 of 26 A.Centerline Staking – Straight Line Tangents I.Inverts shall be field verified and compared against the plans before staking II.Painted green lath/stake WITH hub and tack or marker dot, no flagging required III.1 offset stake between manholes if manholes are 400’ or less apart IV.Offset stakes should be located at even distances and perpendicular to the centerline V.Grades will be per plan and the date of the plans used should be noted VI.If multiple lines are at one manhole, each line shall have a cut/fill and direction noted VII.Stakes at every grade break VIII.Cut sheets are required on all staking Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker B.Centerline Staking – Curves I.If arc length is greater than 100’, POC (Point of Curvature) offset stakes should be set at a 25’ interval II.Staking of radius points of greater than 100’ may be omitted C.Sanitary Sewer Manholes I.2 offset stakes per manhole for the purpose of providing alignment to the contractor II.Flowline grade should be on the lath/stake for each flowline and direction noted III.RIM grade should only be on the stake when provided in the plans K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 11 of 26 Example Sanitary Sewer Stakes K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 12 of 26 VII.Storm Sewer & Inlet Staking A.Centerline Staking – Straight Line Tangents I.1 offset stake every 200’ on even stations II.Grades are to flowline of pipe unless otherwise shown on plans III.Stakes at every grade break IV.Cut sheets are required on all staking Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker B.Centerline Staking – Curves I.If arc length is greater than 100’, POC (Point of Curvature) offset stakes should be set at a 25’ interval II.Staking of radius points of greater than 100’ may be omitted C.Storm Drain Inlets I.Staking distances should be measured from end of wing II.Standard 10’ Inlet = 16.00’ total length III.Recessed 10’ Inlet = 20.00’ total length IV.Standard double 10’ inlet = 26.67’ total length V.Recessed double 10’ inlet = 30.67’ total length D.Storm Drain Manholes I.2 offset stakes per manhole for the purpose of providing alignment to the contractor II.Flowline grade should be on the lath/stake for each flowline and direction noted III.RIM grade should only be on the stake when provided in the plans K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 13 of 26 Example Storm Inlet Stakes K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 14 of 26 VIII.Curb and Gutter Staking A.Centerline Staking – Straight Line Tangents V.1 offset stake every 50’ on even stations VI.Grades are to top of curb unless otherwise shown on plans VII.Stakes at every grade break VIII.Cut sheets are required on all staking Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker B.Centerline Staking – Curves III.If arc length is greater than 100’, POC (Point of Curvature) offset stakes should be set at a 25’ interval IV.Staking of radius points of greater than 100’ may be omitted K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 15 of 26 Example Curb & Gutter Stakes Example Curb & Gutter Stakes at Intersection K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 16 of 26 K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 17 of 26 IX.Cut Sheets A.Date of field work B.Staking Method (GPS, total station) C.Project Name D.City Project Number (Example: C01234) E.Location (Address, cross streets, GPS coordinate) F.Survey company name G.Crew chief name H.A blank template can be obtained from the survey superintendent (see item I above) Standard City Cut Sheet Date: City Project Number: Project Name: Staking Method:o GPS o TOTAL STATION o OTHER LOCATION: CONSULTANT/CONTRACTOR SURVEY CREW INITIALS ALL GRADES ARE TO FLOWLINE OR TOP OF CURB UNLESS OTHERWISE NOTED. PT #STATION OFFSET DESCRIPTION PROP.STAKED - CUT + FILL-LT/+RT GRADE ELEV. K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 18 of 26 X.As-built Survey A.Definition and Purpose The purpose of an as-built survey is to verify the asset was installed in the proper location and grade. Furthermore, the information gathered will be used to supplement the City’s GIS data and must be in the proper format when submitted.See section IV. As-built survey should include the following (additional items may be requested): Manholes Top of pipe elevations every 250 feet Horizontal and vertical points of inflection, curvature, etc. (All Fittings) Cathodic protection test stations Sampling stations Meter boxes/vaults (All sizes) Fire lines Fire hydrants Gate valves (rim and top of nut) Plugs, stub-outs, dead-end lines Air Release valves (Manhole rim and vent pipe) Blow off valves (Manhole rim and valve lid) Pressure plane valves Cleaning wyes Clean outs Casing pipe (each end) Inverts of pipes Turbo Meters K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 19 of 26 B.Example Deliverable A hand written red line by the field surveyor is acceptable in most cases. This should be a copy of the plans with the point number noted by each asset. If the asset is missing, then the surveyor should write “NOT FOUND”to notify the City. K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 20 of 26 K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 21 of 26 K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 22 of 26 K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 23 of 26 K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 24 of 26 Obviously the .csv or .txt file cannot be signed/sealed by a surveyor in the format requested. This is just an example and all this information should be noted when delivered to the City so it is clear to what coordinate system the data is in. K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 25 of 26 C.Other preferred as-built deliverable Some vendors have indicated that it is easier to deliver this information in a different format. Below is an example spreadsheet that is also acceptable and can be obtained by request from the survey superintendent. K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 26 of 26 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 SECTION 01 74 231 CLEANING2 PART 1 -GENERAL3 1.1 SUMMARY4 A.Section Includes:5 1.Intermediate and final cleaning for Work not including special cleaning of closed6 systems specified elsewhere7 B.Deviations from this City of Fort Worth Standard Specification8 1.None.9 C.Related Specification Sections include, but are not necessarily limited to:10 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract11 2.Division 1 – General Requirements12 3.Section 32 92 13 – Hydro-Mulching, Seeding and Sodding13 1.2 PRICE AND PAYMENT PROCEDURES14 A.Measurement and Payment15 1.Work associated with this Item is considered subsidiary to the various Items bid.16 No separate payment will be allowed for this Item.17 1.3 REFERENCES [NOT USED]18 1.4 ADMINISTRATIVE REQUIREMENTS19 A.Scheduling20 1.Schedule cleaning operations so that dust and other contaminants disturbed by21 cleaning process will not fall on newly painted surfaces.22 2.Schedule final cleaning upon completion of Work and immediately prior to final23 inspection.24 1.5 SUBMITTALS [NOT USED]25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]26 1.7 CLOSEOUT SUBMITTALS [NOT USED]27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]28 1.9 QUALITY ASSURANCE [NOT USED]29 1.10 STORAGE, AND HANDLING30 A.Storage and Handling Requirements31 1.Store cleaning products and cleaning wastes in containers specifically designed for32 those materials.33 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED]1 1.12 WARRANTY [NOT USED]2 PART 2 -PRODUCTS3 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED]4 2.2 MATERIALS5 A.Cleaning Agents6 1.Compatible with surface being cleaned7 2.New and uncontaminated8 3.For manufactured surfaces9 a.Material recommended by manufacturer10 2.3 ACCESSORIES [NOT USED]11 2.4 SOURCE QUALITY CONTROL [NOT USED]12 PART 3 -EXECUTION13 3.1 INSTALLERS [NOT USED]14 3.2 EXAMINATION [NOT USED]15 3.3 PREPARATION [NOT USED]16 3.4 APPLICATION [NOT USED]17 3.5 REPAIR / RESTORATION [NOT USED]18 3.6 RE-INSTALLATION [NOT USED]19 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED]20 3.8 SYSTEM STARTUP [NOT USED]21 3.9 ADJUSTING [NOT USED]22 3.10 CLEANING23 A.General24 1.Prevent accumulation of wastes that create hazardous conditions.25 2.Conduct cleaning and disposal operations to comply with laws and safety orders of26 governing authorities.27 3.Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in28 storm or sanitary drains or sewers.29 4.Dispose of degradable debris at an approved solid waste disposal site.30 5.Dispose of nondegradable debris at an approved solid waste disposal site or in an31 alternate manner approved by City and regulatory agencies.32 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 6.Handle materials in a controlled manner with as few handlings as possible.1 7.Thoroughly clean, sweep, wash and polish all Work and equipment associated with2 this project.3 8.Remove all signs of temporary construction and activities incidental to construction4 of required permanent Work.5 9.If project is not cleaned to the satisfaction of the City, the City reserves the right to6 have the cleaning completed at the expense of the Contractor.7 10.Do not burn on-site.8 B.Intermediate Cleaning during Construction9 1.Keep Work areas clean so as not to hinder health, safety or convenience of10 personnel in existing facility operations.11 2.At maximum weekly intervals, dispose of waste materials, debris and rubbish.12 3.Confine construction debris daily in strategically located container(s):13 a.Cover to prevent blowing by wind14 b.Store debris away from construction or operational activities15 c.Haul from site at a minimum of once per week16 4.Vacuum clean interior areas when ready to receive finish painting.17 a.Continue vacuum cleaning on an as-needed basis, until Final Acceptance.18 5.Prior to storm events, thoroughly clean site of all loose or unsecured items, which19 may become airborne or transported by flowing water during the storm.20 C.Exterior (Site or Right of Way) Final Cleaning21 1.Remove trash and debris containers from site.22 a.Re-seed areas disturbed by location of trash and debris containers in accordance23 with Section 32 92 13.24 2.Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object25 that may hinder or disrupt the flow of traffic along the roadway.26 3.Clean any interior areas including, but not limited to, vaults, manholes, structures,27 junction boxes and inlets.28 4.If no longer required for maintenance of erosion facilities, and upon approval by29 City, remove erosion control from site.30 5.Clean signs, lights, signals, etc.31 3.11 CLOSEOUT ACTIVITIES [NOT USED]32 3.12 PROTECTION [NOT USED]33 3.13 MAINTENANCE [NOT USED]34 3.14 ATTACHMENTS [NOT USED]35 36 37 38 39 40 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 END OF SECTION1 2 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 3 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 SECTION 01 77 191 CLOSEOUT REQUIREMENTS2 PART 1 -GENERAL3 1.1 SUMMARY4 A.Section Includes:5 1.The procedure for closing out a contract6 B.Deviations from this City of Fort Worth Standard Specification7 1.None.8 C.Related Specification Sections include, but are not necessarily limited to:9 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract10 2.Division 1 – General Requirements11 1.2 PRICE AND PAYMENT PROCEDURES12 A.Measurement and Payment13 1.Work associated with this Item is considered subsidiary to the various Items bid.14 No separate payment will be allowed for this Item.15 1.3 REFERENCES [NOT USED]16 1.4 ADMINISTRATIVE REQUIREMENTS17 A.Guarantees, Bonds and Affidavits18 1.No application for final payment will be accepted until all guarantees, bonds,19 certificates, licenses and affidavits required for Work or equipment as specified are20 satisfactorily filed with the City.21 B.Release of Liens or Claims22 1.No application for final payment will be accepted until satisfactory evidence of23 release of liens has been submitted to the City.24 1.5 SUBMITTALS25 A.Submit all required documentation to City’s Project Representative.26 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED]1 1.7 CLOSEOUT SUBMITTALS [NOT USED]2 PART 2 -PRODUCTS [NOT USED]3 PART 3 -EXECUTION4 3.1 INSTALLERS [NOT USED]5 3.2 EXAMINATION [NOT USED]6 3.3 PREPARATION [NOT USED]7 3.4 CLOSEOUT PROCEDURE8 A.Prior to requesting Final Inspection, submit:9 1.Project Record Documents in accordance with Section 01 78 3910 2.Operation and Maintenance Data, if required, in accordance with Section 01 78 2311 B.Prior to requesting Final Inspection, perform final cleaning in accordance with Section12 01 74 23.13 C.Final Inspection14 1.After final cleaning, provide notice to the City Project Representative that the Work15 is completed.16 a.The City will make an initial Final Inspection with the Contractor present.17 b.Upon completion of this inspection, the City will notify the Contractor, in18 writing within 10 business days, of any particulars in which this inspection19 reveals that the Work is defective or incomplete.20 2.Upon receiving written notice from the City, immediately undertake the Work21 required to remedy deficiencies and complete the Work to the satisfaction of the22 City.23 3.Upon completion of Work associated with the items listed in the City's written24 notice, inform the City, that the required Work has been completed. Upon receipt25 of this notice, the City, in the presence of the Contractor, will make a subsequent26 Final Inspection of the project.27 4.Provide all special accessories required to place each item of equipment in full28 operation. These special accessory items include, but are not limited to:29 a.Specified spare parts30 b.Adequate oil and grease as required for the first lubrication of the equipment31 c.Initial fill up of all chemical tanks and fuel tanks32 d.Light bulbs33 e.Fuses34 f.Vault keys35 g.Handwheels36 h.Other expendable items as required for initial start-up and operation of all37 equipment38 D.Notice of Project Completion39 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 1.Once the City Project Representative finds the Work subsequent to Final Inspection1 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet).2 E.Supporting Documentation3 1.Coordinate with the City Project Representative to complete the following4 additional forms:5 a.Final Payment Request6 b.Statement of Contract Time7 c.Affidavit of Payment and Release of Liens8 d.Consent of Surety to Final Payment9 e.Pipe Report (if required)10 f.Contractor’s Evaluation of City11 g.Performance Evaluation of Contractor12 F.Letter of Final Acceptance13 1.Upon review and acceptance of Notice of Project Completion and Supporting14 Documentation, in accordance with General Conditions, City will issue Letter of15 Final Acceptance and release the Final Payment Request for payment.16 3.5 REPAIR / RESTORATION [NOT USED]17 3.6 RE-INSTALLATION [NOT USED]18 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED]19 3.8 SYSTEM STARTUP [NOT USED]20 3.9 ADJUSTING [NOT USED]21 3.10 CLEANING [NOT USED]22 3.11 CLOSEOUT ACTIVITIES [NOT USED]23 3.12 PROTECTION [NOT USED]24 3.13 MAINTENANCE [NOT USED]25 3.14 ATTACHMENTS [NOT USED]26 END OF SECTION27 28 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 29 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 SECTION 01 78 231 OPERATION AND MAINTENANCE DATA2 PART 1 -GENERAL3 1.1 SUMMARY4 A.Section Includes:5 1.Product data and related information appropriate for City's maintenance and6 operation of products furnished under Contract7 2.Such products may include, but are not limited to:8 a.Traffic Controllers9 b.Irrigation Controllers (to be operated by the City)10 c.Butterfly Valves11 B.Deviations from this City of Fort Worth Standard Specification12 1.None.13 C.Related Specification Sections include, but are not necessarily limited to:14 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract15 2.Division 1 – General Requirements16 1.2 PRICE AND PAYMENT PROCEDURES17 A.Measurement and Payment18 1.Work associated with this Item is considered subsidiary to the various Items bid.19 No separate payment will be allowed for this Item.20 1.3 REFERENCES [NOT USED]21 1.4 ADMINISTRATIVE REQUIREMENTS22 A.Schedule23 1.Submit manuals in final form to the City within 30 calendar days of product24 shipment to the project site.25 1.5 SUBMITTALS26 A.Submittals shall be in accordance with Section 01 33 00. All submittals shall be27 approved by the City prior to delivery.28 1.6 INFORMATIONAL SUBMITTALS29 A.Submittal Form30 1.Prepare data in form of an instructional manual for use by City personnel.31 2.Format32 a.Size: 8 ½ inches x 11 inches33 b.Paper34 1)40 pound minimum, white, for typed pages35 2)Holes reinforced with plastic, cloth or metal36 c.Text: Manufacturer’s printed data, or neatly typewritten37 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 d.Drawings1 1)Provide reinforced punched binder tab, bind in with text2 2)Reduce larger drawings and fold to size of text pages.3 e.Provide fly-leaf for each separate product, or each piece of operating4 equipment.5 1)Provide typed description of product, and major component parts of6 equipment.7 2)Provide indexed tabs.8 f.Cover9 1)Identify each volume with typed or printed title "OPERATING AND10 MAINTENANCE INSTRUCTIONS".11 2)List:12 a)Title of Project13 b)Identity of separate structure as applicable14 c)Identity of general subject matter covered in the manual15 3.Binders16 a.Commercial quality 3-ring binders with durable and cleanable plastic covers17 b.When multiple binders are used, correlate the data into related consistent18 groupings.19 4.If available, provide an electronic form of the O&M Manual.20 B.Manual Content21 1.Neatly typewritten table of contents for each volume, arranged in systematic order22 a.Contractor, name of responsible principal, address and telephone number23 b.A list of each product required to be included, indexed to content of the volume24 c.List, with each product:25 1)The name, address and telephone number of the subcontractor or installer26 2)A list of each product required to be included, indexed to content of the27 volume28 3)Identify area of responsibility of each29 4)Local source of supply for parts and replacement30 d.Identify each product by product name and other identifying symbols as set31 forth in Contract Documents.32 2.Product Data33 a.Include only those sheets which are pertinent to the specific product.34 b.Annotate each sheet to:35 1)Clearly identify specific product or part installed36 2)Clearly identify data applicable to installation37 3)Delete references to inapplicable information38 3.Drawings39 a.Supplement product data with drawings as necessary to clearly illustrate:40 1)Relations of component parts of equipment and systems41 2)Control and flow diagrams42 b.Coordinate drawings with information in Project Record Documents to assure43 correct illustration of completed installation.44 c.Do not use Project Record Drawings as maintenance drawings.45 4.Written text, as required to supplement product data for the particular installation:46 a.Organize in consistent format under separate headings for different procedures.47 b.Provide logical sequence of instructions of each procedure.48 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 5.Copy of each warranty, bond and service contract issued1 a.Provide information sheet for City personnel giving:2 1)Proper procedures in event of failure3 2)Instances which might affect validity of warranties or bonds4 C.Manual for Materials and Finishes5 1.Submit 5 copies of complete manual in final form.6 2.Content, for architectural products, applied materials and finishes:7 a.Manufacturer's data, giving full information on products8 1)Catalog number, size, composition9 2)Color and texture designations10 3)Information required for reordering special manufactured products11 b.Instructions for care and maintenance12 1)Manufacturer's recommendation for types of cleaning agents and methods13 2)Cautions against cleaning agents and methods which are detrimental to14 product15 3)Recommended schedule for cleaning and maintenance16 3.Content, for moisture protection and weather exposure products:17 a.Manufacturer's data, giving full information on products18 1)Applicable standards19 2)Chemical composition20 3)Details of installation21 b.Instructions for inspection, maintenance and repair22 D.Manual for Equipment and Systems23 1.Submit 5 copies of complete manual in final form.24 2.Content, for each unit of equipment and system, as appropriate:25 a.Description of unit and component parts26 1)Function, normal operating characteristics and limiting conditions27 2)Performance curves, engineering data and tests28 3)Complete nomenclature and commercial number of replaceable parts29 b.Operating procedures30 1)Start-up, break-in, routine and normal operating instructions31 2)Regulation, control, stopping, shut-down and emergency instructions32 3)Summer and winter operating instructions33 4)Special operating instructions34 c.Maintenance procedures35 1)Routine operations36 2)Guide to "trouble shooting"37 3)Disassembly, repair and reassembly38 4)Alignment, adjusting and checking39 d.Servicing and lubrication schedule40 1)List of lubricants required41 e.Manufacturer's printed operating and maintenance instructions42 f.Description of sequence of operation by control manufacturer43 1)Predicted life of parts subject to wear44 2)Items recommended to be stocked as spare parts45 g.As installed control diagrams by controls manufacturer46 h.Each contractor's coordination drawings47 1)As installed color coded piping diagrams48 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 i.Charts of valve tag numbers, with location and function of each valve1 j.List of original manufacturer's spare parts, manufacturer's current prices, and2 recommended quantities to be maintained in storage3 k.Other data as required under pertinent Sections of Specifications4 3.Content, for each electric and electronic system, as appropriate:5 a.Description of system and component parts6 1)Function, normal operating characteristics, and limiting conditions7 2)Performance curves, engineering data and tests8 3)Complete nomenclature and commercial number of replaceable parts9 b.Circuit directories of panelboards10 1)Electrical service11 2)Controls12 3)Communications13 c.As installed color coded wiring diagrams14 d.Operating procedures15 1)Routine and normal operating instructions16 2)Sequences required17 3)Special operating instructions18 e.Maintenance procedures19 1)Routine operations20 2)Guide to "trouble shooting"21 3)Disassembly, repair and reassembly22 4)Adjustment and checking23 f.Manufacturer's printed operating and maintenance instructions24 g.List of original manufacturer's spare parts, manufacturer's current prices, and25 recommended quantities to be maintained in storage26 h.Other data as required under pertinent Sections of Specifications27 4.Prepare and include additional data when the need for such data becomes apparent28 during instruction of City's personnel.29 1.7 CLOSEOUT SUBMITTALS [NOT USED]30 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]31 1.9 QUALITY ASSURANCE32 A.Provide operation and maintenance data by personnel with the following criteria:33 1.Trained and experienced in maintenance and operation of described products34 2.Skilled as technical writer to the extent required to communicate essential data35 3.Skilled as draftsman competent to prepare required drawings36 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]1 1.11 FIELD [SITE] CONDITIONS [NOT USED]2 1.12 WARRANTY [NOT USED]3 PART 2 -PRODUCTS [NOT USED]4 PART 3 -EXECUTION [NOT USED]5 END OF SECTION6 7 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application 8 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH IPRC19-0200 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 102283 Revised April 7, 2014 SECTION 01 78 391 PROJECT RECORD DOCUMENTS2 PART 1 -GENERAL3 1.1 SUMMARY4 A.Section Includes:5 1.Work associated with the documenting the project and recording changes to project6 documents, including:7 a.Record Drawings8 b.Water Meter Service Reports9 c.Sanitary Sewer Service Reports10 d.Large Water Meter Reports11 B.Deviations from this City of Fort Worth Standard Specification12 1.None.13 C.Related Specification Sections include, but are not necessarily limited to:14 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract15 2.Division 1 – General Requirements16 1.2 PRICE AND PAYMENT PROCEDURES17 A.Measurement and Payment18 1.Work associated with this Item is considered subsidiary to the various Items bid.19 No separate payment will be allowed for this Item.20 1.3 REFERENCES [NOT USED]21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]22 1.5 SUBMITTALS23 A.Prior to submitting a request for Final Inspection, deliver Project Record Documents to24 City’s Project Representative.25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]26 1.7 CLOSEOUT SUBMITTALS [NOT USED]27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]28 1.9 QUALITY ASSURANCE29 A.Accuracy of Records30 1.Thoroughly coordinate changes within the Record Documents, making adequate31 and proper entries on each page of Specifications and each sheet of Drawings and32 other Documents where such entry is required to show the change properly.33 2.Accuracy of records shall be such that future search for items shown in the Contract34 Documents may rely reasonably on information obtained from the approved Project35 Record Documents.36 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH IPRC19-0200 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 102283 Revised April 7, 2014 3.To facilitate accuracy of records, make entries within 24 hours after receipt of1 information that the change has occurred.2 4.Provide factual information regarding all aspects of the Work, both concealed and3 visible, to enable future modification of the Work to proceed without lengthy and4 expensive site measurement, investigation and examination.5 1.10 STORAGE AND HANDLING6 A.Storage and Handling Requirements7 1.Maintain the job set of Record Documents completely protected from deterioration8 and from loss and damage until completion of the Work and transfer of all recorded9 data to the final Project Record Documents.10 2.In the event of loss of recorded data, use means necessary to again secure the data11 to the City's approval.12 a.In such case, provide replacements to the standards originally required by the13 Contract Documents.14 1.11 FIELD [SITE] CONDITIONS [NOT USED]15 1.12 WARRANTY [NOT USED]16 PART 2 -PRODUCTS17 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED]18 2.2 RECORD DOCUMENTS19 A.Job set20 1.Promptly following receipt of the Notice to Proceed, secure from the City, at no21 charge to the Contractor, 1 complete set of all Documents comprising the Contract.22 B.Final Record Documents23 1.At a time nearing the completion of the Work and prior to Final Inspection, provide24 the City 1 complete set of all Final Record Drawings in the Contract.25 2.3 ACCESSORIES [NOT USED]26 2.4 SOURCE QUALITY CONTROL [NOT USED]27 PART 3 -EXECUTION28 3.1 INSTALLERS [NOT USED]29 3.2 EXAMINATION [NOT USED]30 3.3 PREPARATION [NOT USED]31 3.4 MAINTENANCE DOCUMENTS32 A.Maintenance of Job Set33 1.Immediately upon receipt of the job set, identify each of the Documents with the34 title, "RECORD DOCUMENTS - JOB SET".35 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH IPRC19-0200 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 102283 Revised April 7, 2014 2.Preservation1 a.Considering the Contract completion time, the probable number of occasions2 upon which the job set must be taken out for new entries and for examination,3 and the conditions under which these activities will be performed, devise a4 suitable method for protecting the job set.5 b.Do not use the job set for any purpose except entry of new data and for review6 by the City, until start of transfer of data to final Project Record Documents.7 c.Maintain the job set at the site of work.8 3.Coordination with Construction Survey9 a.At a minimum clearly mark any deviations from Contract Documents10 associated with installation of the infrastructure.11 4.Making entries on Drawings12 a.Record any deviations from Contract Documents.13 b.Use an erasable colored pencil (not ink or indelible pencil), clearly describe the14 change by graphic line and note as required.15 c.Date all entries.16 d.Call attention to the entry by a "cloud" drawn around the area or areas affected.17 e.In the event of overlapping changes, use different colors for the overlapping18 changes.19 5.Conversion of schematic layouts20 a.In some cases, on the Drawings, arrangements of conduits, circuits, piping,21 ducts, and similar items, are shown schematically and are not intended to22 portray precise physical layout.23 1)Final physical arrangement is determined by the Contractor, subject to the24 City's approval.25 2)However, design of future modifications of the facility may require26 accurate information as to the final physical layout of items which are27 shown only schematically on the Drawings.28 b.Show on the job set of Record Drawings, by dimension accurate to within 129 inch, the centerline of each run of items.30 1)Final physical arrangement is determined by the Contractor, subject to the31 City's approval.32 2)Show, by symbol or note, the vertical location of the Item ("under slab", "in33 ceiling plenum", "exposed", and the like).34 3)Make all identification sufficiently descriptive that it may be related35 reliably to the Specifications.36 c.The City may waive the requirements for conversion of schematic layouts37 where, in the City's judgment, conversion serves no useful purpose. However,38 do not rely upon waivers being issued except as specifically issued in writing39 by the City.40 B.Final Project Record Documents41 1.Transfer of data to Drawings42 a.Carefully transfer change data shown on the job set of Record Drawings to the43 corresponding final documents, coordinating the changes as required.44 b.Clearly indicate at each affected detail and other Drawing a full description of45 changes made during construction, and the actual location of items.46 c.Call attention to each entry by drawing a "cloud" around the area or areas47 affected.48 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH IPRC19-0200 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 102283 Revised April 7, 2014 d.Make changes neatly, consistently and with the proper media to assure1 longevity and clear reproduction.2 2.Transfer of data to other Documents3 a.If the Documents, other than Drawings, have been kept clean during progress of4 the Work, and if entries thereon have been orderly to the approval of the City,5 the job set of those Documents, other than Drawings, will be accepted as final6 Record Documents.7 b.If any such Document is not so approved by the City, secure a new copy of that8 Document from the City at the City's usual charge for reproduction and9 handling, and carefully transfer the change data to the new copy to the approval10 of the City.11 3.5 REPAIR / RESTORATION [NOT USED]12 3.6 RE-INSTALLATION [NOT USED]13 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED]14 3.8 SYSTEM STARTUP [NOT USED]15 3.9 ADJUSTING [NOT USED]16 3.10 CLEANING [NOT USED]17 3.11 CLOSEOUT ACTIVITIES [NOT USED]18 3.12 PROTECTION [NOT USED]19 3.13 MAINTENANCE [NOT USED]20 3.14 ATTACHMENTS [NOT USED]21 END OF SECTION22 23 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application 24 APPENDIX GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.01 Availability of Lands THIS PAGE LEFT INTENTIONALLY BLANK Page 1 of 7 D220056724 3110/2020 8:57 AM IPG 7 Fee: $43.00 Submitter:AVENU Electronically Recorded by Tarrant County Clerk in Official Public Records, Mary Louise Nicholson City Project No. 102451, IPRC 19-0246 Parcel # 03 273 W. Everman Parkway Lot 3, Block 1 of Southland Business Park Addition STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT CITY OF FORT WORTH DRAINAGE FACILITY EASEMENT I0P_f121 GRANTOR: FORT WORTH EVERMAN/RISINGER DEVELOPMENT, LLC GRANTOR'S MAILING ADDRESS (including County): 131 E. EXCHANGE AVE, SUITE 212 FORT WORTH, TARRANT COUNTY, TX 76164 GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 200 TEXAS STREET FORT WORTH, TARRANT COUNTY, TEXAS 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being more particularly described in the attached Exhibits "A" and "B" Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Drainage Facility, hereafter referred to as "Facility". The Facility includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, pipelines, junction boxes, inlets, flumes, headwalls, wingwalls, slope pavement, gabions, rock rip -rap, drop structures and access ramps, and other erosion control measures in, upon, under and across a portion of the Easement Property and more fully described in Exhibit "A" and "B" attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter Easement Property, or DRAINAGE FACILITY EASEMENT ROV. 1/9/10 ORTWORT . any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility. In no event shall Grantor (1) use the Easement Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (11) erect or permit to be erected within the Easement Property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit, or any structure not requiring a building permit but which may threaten the structural integrity or capacity of the Facility and its appurtenances. Grantee shall be obligated to restore the surface of the Easement Property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement Property which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the Easement Property granted hereunder provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement Property. TO HAVE AND TO HOLD the above -described Easement Property, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successors and assigns to warrant and forever defend all and singular the Easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, singular nouns and pronouns include the plural. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] DRAINAGE FACILITY EASEMENT Rev. 1/9/18 FORT WORTH, 411141--_ GRANTOR: FORT WORTH EVERMAN/RISINGER DEVELOPMENT, LLC, a Texas limited liability company By: Majestic — Everman Investor, LLC, a Delaware limited liability company, its Managing Member By: Majestic Realty Co., a California corporation, Manager's Agent By: ED ARD P. ROSKI, JR. Name: President and Chairman of the Board Its: GRANTEE: CIT OF FORT WORTH By (Signature): 4V (Print Name) Steve Cooke, ProWftnagement Director APPROVED AS TO FORM AND LEGALITY (Signature) (Print Name) / M-m fA razn4 , Title A-r z.sryl DRAINAGE FACILITY EASEMENT Rev. 1/9/18 FORT WORTH, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of kg-? 4V1G1e,(-e-j2 On rr,6 (-ua r(-1 Aj�o , before me, LINDA J. CASEY, Notary Public, personally appeared EDWARD P. ROSKI, JR., who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �.. .M1 LINDA I CASEY Notary Public California Z z r= Los Angeles County ��,' , Commission # 2274574 My Comm. Expires Feb 3, 2023 Notary Pu is THE STATE OF TEXAS § COUNTY OF TARRANT § ACKNOWLEDGMENT BEFORE ME, the undersigned authc Texas, on this day personally appeared Ll same person whose name is subscribed to the me that the same wad the ct of as the act of said pi and in the capacity thereln stated. a Not P b �ici�n and �or�t�h� eta of �c own t m . o the ;go' g instrument, and acknowledged to it -ghat he/she executed the same ses and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE this L'/ day of 2020. _ v Notary Public in and forte State of Texas �� l }0 DRAINAGE FACILITY EASEMENT Rev. 1/9/18 FORT WORTH, LEGAL DESCRIPTION DRAINAGE EASEMENT BEING a 600 square foot (0.0.138 acre) tract of land situated in the James J. Scott Survey, Abstract No. 1449, City of Fort Worth, Tarrant County, Texas; said tract being part of that tract of land described in Special Warranty Deed to Fort Worth Everman/Risinger Development, LLC described in Instrument No. D217118440, Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a brass disk found in the west right-of-way line of South Freeway (a variable width right-of-way), and being easternmost southeast corner of said Fort Worth Everman/Risinger Development, LLC tract; THENCE South 89°41'16" West, along the said west right-of-way line of South Freeway, a distance of 141.49 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" found at the north end of a right-of-way corner clip at the intersection of the said west right-of-way line of South Freeway and the north right-of-way line of Burleson Cardinal Road; THENCE South 44°34'16" West, along said right-of-way corner clip, a distance of 15.85 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" found; THENCE departing said right-of-way corner clip South 89°32'07" West, a distance of 38.54 feet to the POINT OF BEGINNING; THENCE South 89°32'07" West, a distance of 20.00 feet to a point for corner; THENCE North 0°27'53" West, a distance of 30.00 feet to a point for corner; THENCE North 89°32'07" East, a distance of 20.00 feet to a point for corner; THENCE South °27'53" East, a distance of 30.00 feet to the POINT OF BEGINNING and containing 600 square feet or 0.0138 cres of land. I<L9y1r*3 Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes and bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets out the metes and bounds of the easement tract. 2v Z OT .. MICHA L C. BILLINGSLEY CO REGISTERED PROFESSIONAL' LAND SURVEYOR NO. 6558 ............. ........ MICHAEL CLEO BILLINGSLEYBILL 801 CHERRY STREET, ........................... UNIT 11 SUITE 1300 ,0 6558 FORT WORTH, TEXAS 76102 'P®rFESS���� o� PH.817-335-6511 S RV michael.billingsley@kimley-horn.com U EXHIBIT A DRAINAGE EASEMENT JAMES J. SCOTT SURVEY, ABSTRACT NO. 1449 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS HOPPER. WORTH SOUTH-WATTS1DW01061282615-FORT WORTH Z O Q Y �ry Y a U Co W Z cYi � 0 m 0 z F- 0 NOTES: I 10'TEXAS I ELECTRIC SERVICE _ I COMPANY EASEMENT I (VOL. 6689, PG. 455) I I LEGEND P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRFC = IRON ROD WITH CAP FOUND BDF = BRASS DISK FOUND C.M. = CONTROLLING MONUMENT LOT 1 R-1, BLOCK 1 LONE STAR SUBDIVISION (VOL. 388-123, PG. 58) I1 STORMWATER FACILITY MAINTENANCE AGREEMENT (INST. NO. D217158591) I I PART OF FORT WORTH EVERMAN/RISINGER DEVELOPMENT, LLC (IN T. NO. D217118440) v0.0138 ACRES-i 60' PUBLIC ACCESS EASEMENT 600 SQ. FT. (PROPOSED) RIGHT-OF-WAY DEDICATION I (PROPOSED) I 5/8" IRFC "KHA" (C.M.) JAMES J. SCOTT SURVEY ABSTRACT NO. 1449 GEORGE HAMILTON SURVEY- ABSTRACT NO, 751 CALLED 83.068 ACRES TCRG OPPORTUNITY XV, L.L.C. (INST. NO. D217109969) BURLESON I , CARDINAL ROAD N89032'07"E 20.00' NO 27 53 W 30.00'� 3/4" 5/8" IRFC "KHA" (C.M.) S89032'07"W 20.00' LOT 3, BLOCK 1 BOWYER ADDITION (CAB. B, SL. 457) NORTH 0 100 200 GRAPHIC SCALE IN FEET w u_ D LIJ Q O FL 0� >' � a � LL P.O.C. BDF (C. M.) S0027'53"E 30.00' —S9°41'16"W 141.49' —S44°34'16"W —15.85' — \-5/8" IRFC "KHA" (C.M.) S89°32'07"W 38.54' Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the easement tract. EXHIBIT B ' CCLEO '9 ICHAEL C. BILLINGSLEY ' �'REGISTERED PROFESSIONAL ;i�LAND SURVEYOR NO. 6558GSLE'801 CHERRY STREET,UNIT 11 SUITE 1300 :'FORT WORTH, TEXAS 761020�PH.817-335-6511 michael.billingsley@kimley-horn.co DRAINAGE EASEMENT JAMES J. SCOTT SURVEY, ABSTRACT NO. 1449 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS 5-FORT WORTH Page 1 of 7 D220056732 311012020 9:03 AM PGS 7 Fee: $43.00 Submitter: AVENU Electronically Recorded by Tarrant County Clerk in Official Public Records - Mary Louise Nicholson City Project No, 102451, IPRC 19-0246 Parcel # 04 273 W. Everman Parkway Lot 3, Block 1 of Southland Business Park Addition STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § CITY OF FORT WORTH SEWER FACILITY EASEMENT DATE: GRANTOR: FORT WORTH EVERMAN/RISINGER DEVELOPMENT, LLC GRANTOR'S MAILING ADDRESS (including County): 131 E. EXCHANGE AVE, SUITE 212 FORT WORTH, TARRANT COUNTY, TX 76164 GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 200 TEXAS STREET FORT WORTH, TARRANT COUNTY, TEXAS 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. 'PROPERTY: Being more particularly described in the attached Exhibits "A" and "B". Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Sewer Line Facility, hereafter referred to as "Facility". The Facility includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, manhole vents, lateral line connections, pipelines, junction boxes in, upon, under and across a portion of the Property and more fully described in Exhibit "A" and "B" attached hereto and Incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter Property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility. SEWER FACILITY EASEMENT Rev. VG/19 ORT WORT . In no event shall Grantor (1) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected within the easement property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to install and maintain a concrete, asphalt or gravel driveway, road or parking lot across the Easement Property. Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement Tract which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above -described easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee, its successor and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, singular nouns and pronouns include the plural. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] SEWER FACILITY EASEMENT Rev. 1 /9/18 FORTWORTH GRANTOR: FORT WORTH EVERMAN/RISINGER DEVELOPMENT, LLC, a Texas limited liability company By: Majestic — Everman Investor, LLC, a Delaware limited liability company, its Managing Member By: Majestic Realty Co., a California corporation, Manager's Agent By: EDWARD P, ROSKI, JR. Name: President and mairman ai the Board Its: GRANTEE: CITY OF FORT WORTH ;-L ),4A By (Signature): (Print Name)C100 ManagemeeIndor APPROVED AS TO FORM AND LEGALITY (Signature) -212;6f- ilil�� (Print Name) t ATc A vmq , Title G-ry A-r,T4y—,j SEWER FACILITY EASEMENT Rev. 1 /9/18 FORT WORM, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of k- 0-;' 4 ►i!�ei'e5 On F,e,(� qua r!j 7. 2v-0 , before me, LINDA J. CASEY, Notary Public, personally appeared EDWARD P. ROSKI, JR., who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Y �s LINDA I CASEY r Notary Public • California t` =•� Los Angeles County ` Commission a 2214514 My Comm. Expires Feb 3, 2023 Notary Pu THE STATE OF TEXAS § COUNTY OF TARRANT § ACKNOWLEDGMENT BEFORE ME, the undersigned auth rity, a Nota�Public in a��j� f r� e State of Texas, on this day personally appeared/,w O'same person ( � e�7�Z�a,- kno i't� rhe' liL whose name is sub �ribed o the foregoing instrument, and acknowledged to me that the same was the act of nd that he/she executed the same as the act of said dA-/ �IJ.Oj purposes and consideration therein expressed and in the capacity GIVEN UNDER MY HAND AND SEAL OF OFFICE this / -� day of 2020. Notary Public in and for the Sta of Texas SEWER FACILITY EASEMENT Rev. 1/9/18 Foe__TW w- LEGAL DESCRIPTION SANITARY SEWER EASEMENT BEING a 510 square foot (0.0117 acre) tract of land situated in the James J. Scott Survey, Abstract No. 1449, City of Fort Worth, Tarrant County, Texas; said tract being part of that tract of land described in Special Warranty Deed to Fort Worth Everman/Risinger Development, LLC described in Instrument No. D217118440, Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" found for the southwest corner of Lot 2, Block 1, Southland Business Park Addition, an addition to the City of Fort Worth, Texas according to the plat recorded in Instrument No. D220007092 of said Official Public Records; from said point a 5/8-inch iron rod with cap stamped "KHA" found for the southeast corner of said Lot 2, Block 1 bears North 89°33'09" East, a distance of 1062.52 feet; THENCE South 89°33'09" West, a distance of 60.00 feet to a 5/8-inch iron rod with cap stamped "KHA" found; THENCE South 0°26'51" East, a distance of 35.00 feet to the POINT OF BEGINNING; THENCE South 0°26'51" East, a distance of 15.00 feet to a point for corner; THENCE South 89°33'09" West, a distance of 34.00 feet to a point for corner; THENCE North 0°26'51" West, a distance of 15.00 feet to a point for corner; THENCE North 89'33'09" East, a distance of 34.00 feet to the POINT OF BEGINNING and containing 510 square feet or 0.0117 a s of land. NOTES: Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes and bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets out the metes and bounds of the easement tract. 2 Z� co� OF STMICHAEL C. BILLINGSLEY � '' SREGISTEREDPROFESSIONALLAND SURVEYOR NO. 6558O BILLINGSLEY801 CHERRY STREET,.................UNIT 11 SUITE 1300558 Pam,;'FORT WORTH, TEXAS 76102SS��yo�PH. 817-335-6511 U R��michael.billingsley@kimley-horn.co EXHIBIT A SANITARY SEWER EASEMENT JAMES J. SCOTT SURVEY, ABSTRACT NO. 1449 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS WORTH SOUTH -WATTS ESMT SS E-R.DWG II LOT 1, BLOCK 1 I I SOUTHLAND BUSINESS I I LOT 2, BLOCK 1 PARK ADDITION SOUTHLAND BUSINESS (INST. NO. D217177927) I I PARK ADDITION (INST. NO. D220007092) NORTH 0 100 200 GRAPHIC SCALE IN FEET I ` I TEMPORARY ( / 60.00' '09"W 60.00 ZQ CD z 4 j EASEMENT (INST. NO. I D I f O' (� C. W I IX O°26 515E174) ' I 5/8" IRFC � r` �_ 35.00' 5/8" IRFC "KHA" "KHA" (C.M.) 0 W 0 r- w z o p N89°33'09"E I (C-M,) N89°33'09"E 1062.52' I--- = o QX w O a O p z 1,— �Q i ti o lz- I vvi¢ a,: 34.00, NO026'51'W ------------ --- ---- W , co o 15.00' I P. O• B• 15' SANITARY ~ v, Q Q 0.0117 ACRES I I SEWER EASEMENT X(D z Q Q a I —� SO 26 51 E (PROPOSED) z z-- LU I 510 SQ. FT. 15,00' I LOT 3, BLOCK 1 S89033'09"W I 25' 35' WATER I I � x SOUTHLAND BUSINESS 34.00' EASEMENT PARK ADDITION I I (PROPOSED) (PROPOSED) 15' WATER EASEMENT I I (INST. NO. D21715283) I HICKMAN FAMILY I i I PART LIMITED PARTNERSHIP FORT WORTHOEVERMAN/ (INST. NO. D206394892) I I I RISINGER DEVELOPMENT, LLC I I (INST. NO. D217118440) 60' PUBLIC I I ACCESS EASEMENT (PROPOSED) LEGEND — ----� I II I P.O.C. = POINT OF COMMENCING — — I I I P.O.B. = POINT OF BEGINNING IRFC = IRON ROD WITH CAP FOUND CONTROLLING MONUMENT NOTES: t I I INST. O. = INSTRUMENT NUMBER Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the easement tract. EXHIBIT B SANITARY SEWER EASEMENT JAMES J. SCOTT SURVEY, 2 OF �E • .. .�P.• '�isr'• ABSTRACT NO. 1449 ICHAEL C. BILLINGSLEY �?: �d' CITY OF FORT WORTH, REGISTERED PROFESSIONAL • •�• ................................ TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 L G MICHAEL CLEO BILLINGSLEY MIC L 801 CHERRY STREET, .............................. UNIT 11 SUITE 1300 6558 yr �9 ''POPE P ' ?' Kimlev*Horn FORT WORTH, TEXAS 76102 S S� 0 o� /// '' ' 1 Tel. No. PH. 817-335-6511 • •.... • • A S U R v 801 Cherry Street, Unit 11, # 1300 (817) 335 Fort Worth, Texas 76102 FIRM n 10194040 wwwAlmley-hom.i michael.billingsley@kimley-horn.com Scale I Drawn by Chocked b Date ProeclNo. HOPPER. BRADIN 21261202010:10 WORTH WORTH GC-4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK Prepared For: Commerce Construction Company 131 East Exchange Avenue, Suite 220 Fort Worth, Texas 76164 Attn: Mr. Dan Bell PROJECT NO. 19-23827 www.roneengineers.com