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HomeMy WebLinkAboutContract 51712-PM1CSC No. 51712-PM1 00 00 10- 1 PROJECT RECORD DOCUMENTS FOR DEVELOPER AWARDED PROJECTS Page 1 Oil I SECTION 00 0010 2 TABLE OF CONTENTS 3 DEVELOPER AWARDED PROJECTS 4 5 6 Division 00 - General Conditions 7 00 11 13 Invitation to Bidders 8 00 21 13 Instructions to Bidders 9 00 41 00 Bid Form 10 00 42 43 Proposal Form Unit Price 11 0043 13 Bid Bond 13 00 45 12 Prequalification Statement Pr-eVa4ifieafiefi rr heatie 15 00 45 26 Contractor Compliance with Workers' Compensation Law 16 00 45 40 b fin tint Business Er+o ise Qea? 17 00 52 43 Agreement 18 00 61 25 Certificate of Insurance 19 0062 13 Performance Bond 20 00 62 14 Payment Bond 21 00 62 19 Maintenance Bond 22 00 72 00 General Conditions 23 00 73 00 Supplementary Conditions 24 0073 10 Standard City Conditions of the Construction Contract for Developer Awarded 25 Projects 26 27 Division 01 - General Requirements 28 01 11 00 Summary of Work 29 0i 25 nn S"itution Pr^^edures 30 01 31 19 Preconstruction Meeting 31 0i 3 i 20 �_ :oft � �9 i .b 33 013233 Pfeeenstfuetien Vi ee 34 01 33 00 Submittals 35 01 35 13 Special Project Procedures 36 01 45 23 Testing and Inspection Services 37 01 5000 Temporary Facilities and Controls 38 01 55 26 Street Use Permit and Modifications to Traffic Control 39 0157 13 Storm Water Pollution Prevention Plan 40 01 58 0 Ter er- vy Pr feet Signage 41 01 60 00 Product Requirements 42 01 66 00 Product Storage and Handling Requirements 43 01 70 00 Mobilization and Remobilization 44 017123 Ge..str-t etion Stak "'b 45 01 74 23 Cleaning 46 01 77 19 Closeout Requirements 47 01 78 23 Operation and Maintenance Data 48 01 78 39 Project Record Documents 49 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101 � f2 Revised September 1, 2015 00 0010- 2 PROJECT RECORD DOCUMENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of 7 1 Technical Specifications which have been modified by the Engineer specifically for this 2 Project; hard copies are included in the Project's Contract Documents 3 4 None 5 6 Technical Specifications listed below are included for this Project by reference and can be 7 viewed/downloaded from the City's Bumaw site ate 8 9 ems•//projeetpoint buzzsaw com/client/fortworthaov/Resources/02%20- 10 %20Construction%2ODocuments/Specifications 11 12 13 14 Division 02 - Existing Conditions 15 0241 13 Selective Site Demolition 16 02 41 14 Utility Removal/Abandonment 17 02 41 15 Paving Removal 18 19 Division 03 we Concrete 20 03 30 00 CastJn-Place Concrete 21 03 34 13 Controlled Low Strength Material (CLSM) 22 03 34 16 Concrete Base Material for Trench Repair 23 03 8000 Modifications to Existing Concrete Structures 24 25 Division 26 - Electrical 26 26 05 00 Common Work Results for Electrical 28 26 05 33 Raceway and Boxes for Electrical Systems 29 30 31 Division 31- Earthwork 32 31 1000 Site Clearing 33 3123 16 Unclassified Excavation 34 31 23 23 Borrow 35 36 31 24 00 Embankments 37 31 25 00 Erosion and Sediment Control 38 313600 Gabions 39 31 37 00 Riprap 40 41 Division 32 - Exterior Improvements 42 32-01 17 ti ftt Asphalt Perying epa-� 43 320118 T A spha4t Paying n epai 44 320129 Getie ete Da.. g Repa 45 32 1123 Flexible Base Courses 46 32 1129 Lime T-Feated Base Gearses 47 32 1133 Cement Treated Base Courses 48 32 1216 Asphalt Paving 49 32 1273 Asphalt Paving Crack Sealants 50 32 13 13 Concrete Paving 51 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised September I, 2015 00 0010- 3 PROJECT RECORD DOCUMENTS FOR DEVELOPER AWARDED PROJECTS Page 3 of 7 1 32 13 73 Concrete Paving Joint Sealants 2 3214 16 By -:eta Uait Pavifig 3 32 16 13 Concrete Curb and Gutters and Valley Gutters 4 32 17 23 Pavement Markings 5 32 31 13 Chain Link Fences and Gates 6 323126 VAFe Feiaees and Gates. 7 32 31 29 WeedFenees a n.,+es 8 32 32-1r3 Cast Plaee C + Retaining s 9 32 91 19 Topsoil Placement and Finishing of Parkways 10 32 92 13 Hydro -Mulching, Seeding, and Sodding 11 3-29343 .,s and cl . bs 12 13 Division 33 - Utilities 14 33 01330 Sewof w4aManhole Testing 15 33 013 1 Closed C' •+T 1 r i (QC; ,TAT\ Lqcpeetie., �.,b Sewer- Syste 3303 10.o 17 33 04 10 Joint Bonding and Electrical Isolation 18 33 04 11 Geffesion C +. 1 Test Stations 19 33 04 12 Mapesiuffl Anode e Cethedie Pr +eeti�em 20 21 33-0i 40 Gleaning d Aeeeptanee Testing f Mlater Mains 22 33 05 10 Utility Trench Excavation, Embedment, and Backfill 23 33 0512 Watef T : e Lewering 24 33 05 13 Frame, Cover and Grade Rings 25 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 26 33 05 16 C + Water Vaults 27 33 05 17 Concrete Collars 28 33 0520 Auger Boring 29 33 0521 Tunnel Liner Plate 30 330522 Steel Casing o; � 31 33 0523 Hand Tunneling 32 33 0524 Instahationf C Pipe CasingTup xel Liner- Plate. 33 33 05 26 Utility Markers/Locators 34 33 0530 Exploratory Excavation for Existing Utilities 35 33 11 10 n t•, Iron b' e 36 33 1111 Ductile If On Fittings 37 33 1112 Pebairin34 Chloride (PVC) Pressure Pipe. 38 33 1113 C + Pressure Pipe, -B Wrapped, Steel C y1' A Type 39 33 11 14 B d Steel Pipe and Fitli ,,9 Cylinder Pipe 41 33 1210 Water- Sentiees1 1, t 42 33 1211 43 33 1220 Resilient Seated Gate Vahte 44 33 1221 AAYWA Rubbef e + d e Bu#..�z:es 45 33-1-2-25 GeRiieetiefl + E nisi Water- 46 33 1230 GembiRatienA Valve 47 33 1240 48 33 1.1 c� 0 Watef Sample Slatiens 49 33 1260 Blow eff VahEes 50 33 3 1 12. n .1 D1 Pipe /QPP-) �rr�—•�arca-m-rzu� : z-zpc. �c� r7 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised September 1, 2015 00 00 10- 4 PROTECT RECORD DOCUMENTS FOR DEVELOPER AWARDED PROJECTS Page 4 of 7 1 2 33 31 15 BDPX ~ Pipe r Sa-aitafy 8ewefs (Gfavityand ForeeMains) 3 33 31 20 Pel)uvrifiyl Gh .:ae (PAI ) r' .. Sanitat:)c Sewer, Pipe 4 3331-2 5 33�31122 canit,,,.., Sew r Slip l ii� 6 33 3120 S + Sewer- Pipe >antarg me + 7 33 31 50 Sanitafy Sewef Sefyiee GoEffleetions a e Line. 8 33 31 4() GembiRation n v 1 f Sanitafy gewef Fefee Mains 9 33 3Q-10 Cast -Plaee (' ., «o+o Manhole 10 33 3920 Pr-eeast Generete Manholes 11 33 39 30 Fiber -glass Manholes 12 33 39 40 Wastewater- Aceess Q mbef PWA 13 33 3960 Epoxy Liners for Sanitafy Sewer S#ueture-s 1 14 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 5 33 4111 14DPE Qtefm SewerPi e Y 16 33 4600 Sub drainage 17 33 4601 Slotted Stormr—Dins 18 33 46 002 T- en h D iffy 19 3349 10 Cast -in -Place Manholes and Junction Boxes 20 33 49 20 Curb and Drop Inlets 21 33 49 40 Storm Drainage Headwalls and Wingwalls 22 23 Division 34 — Transportation 24 34 41 10 Raffle Signals 25 34 41 13 >? g T-faffie Signals 26 34 41 20 Roadway Illumination Assemblies 27 34 41 30 Aluminum Signs 28 3471 13 Traffic Control 29 30 31 32 Appendix 33 ( 4 n1 Availability e f and 34 GC4.02 Subsurface and Physical Conditions 35 36 GC4.04Underground Facilities 37 d��-4rvlL � Hazafdous E ftta�acn at 8-4a 38 39 GG 07 Wage Rates 40 GC-6.09 Permits and Utilities 41 GC-6.24 Nondiscrimination 42 GR-01 60 00 Product Requirements 43 44 END OF SECTION CITY OF FOK't WORTiI Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUivIEN1'S —DEVELOPER AWARDED PROTECTS 107942 Revised September I, 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 M 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 0178 39 - 1 PROJECT RECORD DOCUMENTS Pale 1 of 2 SECTION 001113 INVITATION TO BIDDERS DEVELOPER AWARDED CONTRACTS FOR PUBLICLY BID PROJECTS ONLY RECEIPT OF BIDS Sealed bids for the construction of Calloway Cemetery Road THE Railroad Crossing will be received by the Owner Viridian Municipal Management District: Viridian Municipal Management District 3104 N. Collins St., Unit 7 Arlington, Texas 76005 until { 10:30 A.M. CST, Friday, June 29, 2018}, and bids will be publicly read aloud at 10:30 A.M. CST, Friday, June 29, 2018 in the Viridian Project Job Trailer (Unit 7) GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following Paving and Drainage to serve Calloway Cemetery Road THE Railroad Crossing. The scope of work shall consist of the public iprovements which fall withi mn the limits of the City of Fort Worth, portions of work falling within the City of Arlington shall be completed by others. PREQUALIFICATION The improvements included in this project must be perfonned by a contractor who is pre - qualified by the City at the time of bid opening. The procedures for qualification and pre - qualification are outlined in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS. DOCUMENT EXA.DrIlNATION AND PROCUREMENTS Copies of the Bidding and Contract Documents maybe purchased from Graham Associates, Inc., Located at 600 Six Flags Drive, Suite 500, Arlington, TX 76011 The cost of Bidding and Contract Documents is: A Digital Set of Bidding and Contract Documents are available fora $50.00 non-refundable fee. PREBID CONFERENCE A prebid conference may be held as described in Section 00 21 BIDDERS at the following location, date, and time: DATE: Jicne 22, 2018 TIlYIE: 10:30 A.M. CST PLACE: 3104 N. Collins Street, Unit 7 Arlington, Tx 76005 LOCATION: Central Conference Rnz, 13 -INSTRUCTIONS TO CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUtvffiN'rS —DEVELOPER AWARDED PROTECTS 1014d2 Revised December 23, 2015 017839-2 PROJECT RECORD DOCUMENTS Page 2 of 2 1 DEVELOPER/CITY'S RIGHT TO ACCEPT OR REJECT BIDS 2 Developer and City reserves the right to waive irregularities and to accept or reject bids. 3 4 FUNDING 5 Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from 6 revenues generated from project Developer and dedicated by contract between Owner and 7 project Developer to the work under this INVITATION TO BIDDERS. 8 9 INQUIRIES 10 All inquiries relative to this procurement should be addressed to the following: 11 Attn: Christian Conners, Graham Associates, Inc. 12 Email: econners@grahameivil.com 13 Phone: 817-6404535 14 AND/OR 15 16 ADVERTISEMENT DATES 17 Sunday June 10, 2018 18 Sunday Jame 17, 2018 19 20 END OF SECTION CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101 �d2 Revised December 23, 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 U 22 D 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 0178 39.1 PROJECT RECORD DOCUMENTS Page 1 of 9 SECTION 00 2113 INSTRUCTIONS TO BIDDERS DEVELOPER AWARDED CONTRACTS FOR PUBLICLY BID PROJECTS ONLY Defined Terms 1.1. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.1.1. Bidder:. Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.1.2.SuccessfulBtdder: The lowest responsible and responsive Bidder to whom Developer/City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither Developer/City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. Developer/City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. All Bidders and their subcontractors are requixed to be prequalified for the work types requiring Prequalification at the time of bidding. Bids received from contractors who are not prequalified (even if inadvertently opened) shall not be considered. Prequalification requirement work types and documentation are as follows: 3.1.1. Paving —Requirements document located at; https//projectpoint buzzsaw.comifortworth�ov/Resources/02%20- %20Construction%20Documents/Contractor%20Prequalification/TPW%20Pavinlr %20Contractor%2OPrequalification%2OProgram/PREQUALTKCATION%20REO UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF7public 3.1.2. Roadway and Pedestrian Lighting —Requirements document located at; https/lprojectpoint buzzsaw.eom/fortworthl;oy/Resources/02%20- %20Construction%20Documents/Contractor%20Prequalification/TPW%20Pavina %20 Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20REO UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 3.1.3. Water and Sanitary Sewer —Requirements document located at; CITY OF FORT WORTI I Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUIv1EN"PS —DEVELOPER AWARDED PROJECTS 101d12 Revised April 4, 20I4 01 78 39.2 PROJECT RECORD DOCUMENTS Page 2 of 9 1 https:UprojegMoint,i)uzzsaw.corntiortwonngov/Resources/027o20- 2 %20Construction%20Documents/Contractor%20Prequalification/Water%20and%2 3 OSanitary%20Sewer%20Contractor%20Prequalification%20Program/WSS%20nxe 4 qual%20requirements.doe?public 5 6 7 3,2. Each Bidder unless currently prequalified, must be prepared to submit to City within 8 seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 9 45 11, BIDDERS PREQUALIFICATIONS. 10 11 3.2.1. Submission of and/or questions related to prequalification should be addressed to 12 the City contact as provided in Paragraph 6.1. 13 14 15 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent 16 low bidder(s) for a project to submit such additional information as the City, in its sole 17 discretion may require, including but not limited to manpower and equipment records, 18 information about key personnel to be assigned to the project, and construction schedule, 19 to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to 20 deliver a quality product and successfully complete projects for the amount bid within 21 the stipulated time frame. Failure to submit the additional information, if requested, 22 may be grounds for rejecting the apparent low bidder as non -responsive. D 24 3.4. In addition to prequalification, additional requirements for qualification may be required 25 within various sections of the Contract Documents. 26 27 28 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 29 30 4.1. Before submitting a Bid, each Bidder shall: 31 32 4.1.1. Examine and carefully study the Contract Documents and other related data 33 identified in the Bidding Documents (including "technical data" referred to in 34 Paragraph 4.2. below). No information given by Developer/City or any 35 representative of the Developer/City other than that contained in the Contract 36 Documents and officially promulgated addenda thereto, shall be binding upon the 37 Developer/City. 38 39 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 40 site conditions that may affect cost, progress, performance or furnishing of the 41 Work. 42 43 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 44 progress, performance or furnishing of the Work. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101492 Revised April 4, ZOI4 01 78 39.3 PROJECT RECORD DOCUMENTS Page 3 or 9 1 4.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or 2 contiguous to the Site and all drawings of physical conditions relating to existing 3 surface or subsurface structures at the Site (except Underground Facilities) that 4 have been identified in the Contract Documents as containing reliable "technical 5 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 6 at the Site that have been identified in the Contract Documents as containing 7 reliable "technical data." 8 9 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 10 the information which the City will furnish. All additional information and data 11 which the City will supply after promulgation of the formal Contract Documents 12 shall be issued in the form of written addenda and shall become part of the Contract 13 Documents just as though such addenda were actually written into the original 14 Contract Documents. No information given by the City other than that contained in 15 the Contract Documents and officially promulgated addenda thereto, shall be 16 binding upon the City. 17 18 4.1.6. Perform independent research, investigations, tests, borings, and such other means 19 as may be necessary to gain a complete knowledge of the conditions which will be 20 encountered during the construction of the project. Bidder must fill all holes and 21 clean up and restore the site to its former conditions upon completion of such 22 explorations, investigations, tests and studies. 23 24 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 25 cost of doing the Work, time required for its completion, and obtain all information 26 required to make a proposal. Bidders shall rely exclusively and solely upon their 27 own estimates, investigation, research, tests, explorations, and other data which are 28 necessary for full and complete information upon which the proposal is to be based. 29 It is understood that the submission of a proposal is prima -facie evidence that the 30 Bidder has made the investigation, examinations and tests herein required. Claims 31 for additional compensation due to variations between conditions actually 32 encountered in construction and as indicated in the Contract Documents will not be 33 allowed. 34 35 4.1.8.Promptly notify Developer of all conflicts, errors, ambiguities or discrepancies in or 36 between the Contract Documents and such other related documents. The Contractor 37 shall not take advantage of any gross error or omission in the Contract Documents, 38 and the Developer shall be permitted to make such corrections or interpretations as 39 may be deemed necessary for fulfillment of the intent of the Contract Documents. 40 41 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification 42 of: 43 44 4.2.1.those reports of explorations and tests of subsurface conditions at or contiguous to 45 the site which have been utilized by Developer in preparation of the Contract 46 Documents. The logs of Soil Borings, if any, on the plans are for general 47 information only. Neither the Developer nor the Engineer guarantee that the data 48 shown is representative of conditions which actually exist. 49 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 1014=t2 Revised April 4, 2014 01 78 39.4 PROJECT RECORD DOCUMENTS 1 4.2.2. those drawings of physical conditions in or relating to existing surface and 2 subsurface structures (except Underground Facilities) which are at or contiguous to 3 the site that have been utilized by Developer in preparation of the Contract 4 Documents. 5 6 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 7 on request. Bidder is responsible for any interpretation or conclusion drawn from 8 any "technical data" or any other data, interpretations, opinions or information. 9 10 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 11 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 12 exception the Bid is premised upon performing and furnishing the Work required by the 13 Contract Documents and applying the specific means, methods, techniques, sequences or 14 procedures of construction (if any) that may be shown or indicated or expressly required 15 by the Contract Documents, (iii) that Bidder has given Developer written notice of all 16 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 17 written resolutions thereof by Developer are acceptable to Bidder, and when said 18 conflicts, etc., have not been resolved through the interpretations by Developer as 19 described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient 20 to indicate and convey understanding of all terms and conditions for performing and 21 furnishing the Work. 22 23 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 24 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material, unless 25 specifically identified in the Contract Documents. 26 27 5. Availability of Lands for Work, Etc. 28 29 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for 30 access thereto and other lands designated for use by Contractor in performing the Work 31 are identified in the Contract Documents. All additional lands and access thereto 32 required for temporary construction facilities, construction equipment or storage of 33 materials and equipment to be incorporated in the Work are to be obtained and paid for 34 by Contractor. Easements for permanent structures or permanent changes in existing 35 facilities are to be obtained and paid for by Developer. 36 37 38 39 40 41 6. Interpretations and Addenda 42 43 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 44 Developer's/City's representative. Interpretations or clarifications considered necessary 45 by Developer in response to such questions will be issued by Addenda delivered to all 46 parties recorded by Developer as having received the Bidding Documents. Only 47 questions answered by formal written Addenda will be binding Oral and other 48 interpretations or clarifications will be without legal effect 49 50 Address questions to. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 1014=12 Revised April 4, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 D 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 01 78 39. s PROJECT RECORD DOCUMENTS Page 5 of 9 Attn: Christian Conners, Graham Associates, Inc. Email: cconners@pxahameivil.com Phone: 817-6404535 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Developer/City. 6.3. Addenda or clarifications will be sent out via email to all contractors on the plan holders list. 6.4. A prebid conference may beheld at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of Developer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Developer's representative will transmit to all prospective Bidders of record such Addenda as Developer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Secarity 7.1. Each Bid must be accompanied by Bid Bond made payable to Developer in an amount of two (2) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the requirements as listed in the General Conditions. 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and deliver the complete Agreement within 10 days after the Notice of Award, Developer may consider Bidder to be in default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. Such forfeiture shall be Developer's exclusive remedy if Bidder defaults. The Bid Bond of all other Bidders whom Developer believes to have a reasonable chance of receiving the award will be retained by Developer until final contract execution. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. CITY OF FORT WORTT-I Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101d/2 Revised April 4, 2014 0178 39.6 PROJECT RECORD DOCUMENTS Page 6 of 9 1 9. Liquidated Damages 2 Provisions for liquidated damages are set forth in the Agreement. 3 4 10. Substitute and "Or -Equal" Items 5 The Contract, if awarded, will be on the basis of materials and equipment described in the 6 Bidding Documents without consideration of possible substitute or "or -equal" items. 7 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- b equal" item of material or equipment may be furnished or used by Contractor if acceptable to 9 City, application for such acceptance will not be considered by City until after the Effective 10 Date of the Agreement. The procedure for submission of any such application by Contractor 11 and consideration by City is set forth in Section 0125 00 of the General Requirements. 12 13 14 15 16 17 18 19 11, Bid Form 20 21 22 11.1. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 23 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 24 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 25 price item listed therein. In the case of optional alternatives, the words "No Bid," 26 "No Change," or "Not Applicable" may be entered legibly, in ink or type, for which 27 the Bidder proposes to do the work contemplated or furnish materials required. 28 29 11.2. Bids by corporations shall be executed in the corporate name by the president or a 30 vice-president or other corporate officer accompanied by evidence of authority to 31 sign. The corporate seal shall be affixed. The corporate name, address and state of 32 incorporation shall be shown below the signature. 33 34 11.3. Bids by partnerships shall be executed in the partnership name and signed by a 35 partner, whose title must appear under the signature accompanied by evidence of 36 authority to sign. The official name and address of the partnership shall be shown 37 below the signature. 38 39 11.4. Bids by limited liability companies shall be executed in the name of the firm by a 40 member and accompanied by evidence of authority to sign. The name and state of 41 formation of the firm and the official address of the firm shall be shown. 42 43 11.5. Bids by individuals shall show the Bidder's name and official address. 44 45 11.6. Bids by joint ventures shall be executed by each joint venturer in the manner 46 indicated on the Bid Form. The official address of the joint venture shall be shown. 47 48 11.7. All names shall be typed or printed in ink below the signature. 49 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDEll PROJECTS /014�2 Revised April 4, 20i4 01 78 39.7 PROJECT RECORD DOCUMENTS Page 7 of 9 1 11.8. The Bid shall contain an acknowledgement of receipt of all Addenda, Lite numbers of 2 which shall be filled in on the Bid Form. 3 4 11.9. Postal and e-mail addresses and telephone number for communications regarding the 5 Bid shall be shown. 6 7 11.10. Evidence of authority to conduct business as a Nonresident Bidder in the state of 8 Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance 9 to State Law Non Resident Bidder. 10 11 12. Submission of Bids 12 Bids shall be submitted on the prescribed Bid Form and proposal form, provided with the 13 Bidding Documents, at the time and place indicated in the Advertisement or INVITATION 14 TO BIDDERS, addressed to Viridian Municipal Management District, and shall be enclosed 15 in an opaque sealed envelope, marked with the City Project Number, Project title, the name 16 and address of Bidder, and accompanied by the Bid security, if required, and other required 17 documents. 18 19 13. Modification and Withdrawal of Bids 20 21 13.1. Bids cannot be withdrawn prior to the time set for bid opening. A request for 22 withdrawal must be made in writing by an appropriate document duly executed in the 23 manner that a Bid must be executed and delivered to the place where Bids are to be 24 submitted at any time prior to the opening of Bids. After all Bids not requested for 25 withdrawal are opened and publicly read aloud, the Bids for which a withdrawal 26 request has been properly filed may, at the option of the Developer/City, be returned 27 unopened. 28 29 13.2 Bidders may modify their Bid by electronic communication at any time prior to the 30 time set for the closing of Bid receipt. 31 32 14. Opening of Bids 33 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 34 abstract of the amounts of the base Bids and major alternates (if any) will be made available 35 to Bidders after the opening of Bids. 36 37 15. Bids to Remain Subject to Acceptance 38 All Bids will remain subject to acceptance for the time period specified for Notice of Award 39 and execution and delivery of a complete Agreement by Successful Bidder. Developer/City 40 may, at their sole discretion, release any Bid and nullify the Bid security, if required, prior to 41 that date. 42 43 16. Evaluation of Bids and Award of Contract 44 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101d=12 Revised April 4, 2014 01 78 39-s PROJECT RECORD DOCUMENTS 1 16.1. Developer/City reserves the right to reject any or all Bids, including without 2 limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or 3 conditional Bids and to reject the Bid of any Bidder if Developer/City believes that it 4 would not be in the best interest of the Project to make an award to that Bidder, 5 whether because the Bid is not responsive or the Bidder is unqualified or of doubtful 6 financial ability or fails to meet any other pertinent standard or criteria established by 7 City. Developer/City also reserves the right to waive informalities not involving 8 price, contract time or changes in the Work with the Successful Bidder. 9 Discrepancies between the multiplication of units of Work and unit prices will be 10 resolved in favor of the unit prices. Discrepancies between the indicated sum of any 11 column of figures and the correct sum thereof will be resolved in favor of the correct 12 sum. 13 14 16.1.1. Any or all bids will be rejected if Developer/City has reason to believe that 15 collusion exists among the Bidders, Bidder is an interested party to any litigation 16 against Developer/City, Developer/City or Bidder may have a claim against the 17 other or be engaged in litigation, Bidder IS in arrears on any existing contract or 18 has defaulted on a previous contract, Bidder has performed a prior contract in an 19 unsatisfactory manner, or Bidder has uncompleted work which in the judgment 20 of the Developer/City will prevent or hinder the prompt completion of additional 21 work if awarded. 22 23 16.2. Developer/City may consider the qualifications and experience of Subcontractors, 24 Suppliers, and other persons and organizations proposed for those portions of the 25 Work as to which the identity of Subcontractors, Suppliers, and other persons and 26 organizations must be submitted as provided in the Contract Documents or upon the 27 request of the Developer/City. Developer/City also may consider the operating costs, 28 maintenance requirements, performance data and guarantees of major items of 29 materials and equipment proposed for incorporation in the Work when such data is 30 required to be submitted prior to the Notice of Award. 31 32 16.3. Developer/City may conduct such investigations as Developer/City deems necessary 33 to assist in the evaluation of any Bid and to establish the responsibility, 34 qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers 35 and other persons and organizations to perform and furnish the Work in accordance 36 with the Contract Documents to Developer's/City's satisfaction within the prescribed 37 time. 38 39 40 41 16.4. If the Contract is to be awarded, it will be awarded to lowest responsible and 42 responsive Bidder whose evaluation by Developer/City indicates that the award will 43 be in the best interests of the Developer/City. 44 45 46 47 16.5. Failure or refusal to comply with the requirements may result in rejection of Bid. 48 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised April 4, 2014 Ol 78 39.9 PROJECT RECORD DOCUMENTS Page 9 of 9 I 17. Signing of Agreement 2 When Developer issues a Notice of Award to the Successful Bidder, it will be accompanied 3 by the required number of unsigned counterparts of the Agreement. The Contractor shall sign 4 and deliver the required number of counterparts of the Agreement to Developer's 5 representative with the required Bonds, Certificates of Insurance, and all other required 6 documentation. 7 8 9 10 END OF SECTION CITY OF FORT WORTEI Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 1014d2 Revised April 4, 20I4 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page i of 3 2 SECTION 00 4100 3 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY 4 TO: Viridian Municipal Management District 3100 McKinnon St, Suite 1100 Dallas, Texas 75201 5 FOR: Calloway Cemetery Road THE Railroad Crossing (Intersection of Calloway Cemetery Rd. and the T.R.E. south of Trinity Blvd. between F.M. 157 & Euless S. Main St.) 6 City Project No.: 101442 7 8 9 1. Enter Into Agreement 10 11 The undersigned Bidder proposes 12 and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the 13 Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents 14 for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other 15 terms and conditions of the Contract Documents. 16 17 2. BIDDER Acknowledgements and Certification 18 19 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO 20 BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing 21 with the disposition of Bid Bond. 22 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract 23 award, and will provide a valid insurance certificate meeting all requirements in the 24 construction contract. 25 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any 26 undisclosed individual or entity and is not submitted in conformity with any collusive 27 agreement or rules of any group, association, organization, or corporation. 28 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or 29 sham Bid. 30 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 31 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for 32 the Contract. For the purposes of this Paragraph. 33 a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value 34 likely to influence the action of a public official in the bidding process. 35 b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to 36 influence the bidding process to the detriment of Developer (b) to establish Bid prices at 37 artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and 38 open competition. CITY OF FORT WORTH STANDARD CONSTRUCTION 8ID FORM -DEVELOPER AWARDED PROJECTS 00 4100 Bid Form - DAP.docx Form Revised April 2, 2014 004100 DAP BID FORM FOR PUBLICLYBID PROJECTS ONLY Page 2 of 3 1 0, "collusive practice" means a scheme or arrangement between two or more Bidders, with 2 or without the knowledge of Developer, a purpose of which is to establish Bid prices at 3 artificial, non-competitive levels. 4 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons 5 or their property to influence their participation in the bidding process or affect the 6 execution of the Contract. 7 8 3. Prequalification 9 10 The Bidder acknowledges that the following work types must be performed only by prequalified 11 contractors and subcontractors: 12 13 a. Paving b. Roadway and Pedestrian Lighting 14 15 4. Time of Completion 16 17 4.1. The Work will be complete for Final Acceptance within 180 calendar days after the date when 18 the Contract Time commences to run as provided in the General Conditions, 19 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event 20 of failure to complete the Work {and/or achievement of Milestones} within the times specified 21 in the Agreement. 22 23 S. Attached to this Bid 24 25 The following documents are attached to and made a part of this Bid: 26 a. This Bid Form, Section 00 41 00 27 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the 28 requirements of the General Conditions. 29 e. Proposal Form, Section 00 42 43 30 d. MBE Forms (if required) 31 e. Prequalification Statement, Section 00 45 12 32 f. Any additional documents that may be required by Section 12 of the Instructions 33 to Bidders 34 g. Bidder pre -qualification application (optional) 35 36 6. Total Bid Amount 37 38 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following 39 bid amount. In the space provided below, please enter the total bid amount for this project. Only 40 this figure will be read publicly by the City at the bid opening. 41 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid 42 amount entered below is subject to verification and/or modification by multiplying the unit 43 bid prices for each pay item by the respective estimated quantities shown in this proposal and 44 then totaling all of the extended amounts 45 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> 46 CITY OF FORT WORTH STANDARD CONSTRUCTION BI D FORM — DEVELOPER AWARDED PROTECTS 00 A100 Bid Form — DAP.docx Form Revised April 2, 2014 1 2 4 5 6 7 00 4 J 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Pace 3 oF3 Total Base Bid <use this if applicable, otherwise delete> <$0.00> TOTAL BID <$0.00> 7. Bid Submittal This Bid is submitted on one ZI W1 <Month Day,(Year> Respectfully submitted, By: l� (S' nature) Troy L, Jackson by the entity named below (Printed Name) II Title: <Title or MCC> • 3 re S I (je>17 Company: <CompanyName>.�f.Ck5ay\ Co slruc� ieht►- Address: <Address>51IZ SuI,. Volije �r. Receipt is acknowledged of the following Addenda: Initial Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 <Address if applicable, otherwise delet > <City, State, Zip Code> FoYWDY'I A State of Incorporation: <State of Incorporation>"'&� Email: <Signer or Company Email Address> 0 f i CC@ �ctC Phone: <Signer or Company Phone Number> t - S�Tz - 33 C END OF SECTION CRY OF FORT WORTN STANDARD CONSTRUCFION BID FORM —DEVELOPER AWARDED PROJECTS Form ReNsed Apri12, 2014 004100 61d Form - DAP.docx SECTION 00 A2 A3 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP- BIDPROPOSAL Page I of Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No, Section No. Measure Quantity UNIT III: DRAINAGE IMPROVEMENTS 1 0241.0800 Remove Rip Rap 0241 13 SF 1800 $1.00 $1,800.00 _ _— _ —_ _ $1,232.00 2 — 0241.3017 Remove 30" Storm Line_ 02 41 14 LF 56 $22.00 3 _ 0241.3106 30" Storm Abandonment Plug 02 41 14 EA 1_ _ $630000 $630.00 __ — — _ _ _ 1 $576*00 $575*00 4 0241.4401 Remove HeadWaIUSET 0241 14 EA— 5 3137.0104 Medium Stone Riprap, dry 31 37 00 SY 70 $85.00 $51950.00 _ 3305.0109 Trench Safety 3305 10 LF _ 352 $1.00 $352000 6 334100203 21" RCP, Class V $8,162000 3341 10 LF 77 $106000 7 3341.0205 24" RCP, Class III 3341 10 LF 47 $111.00 $5,217.00 8 9 334140207 24' RCP, Class V 33 41 10 LF 122 $121,00 $14,762400 10_ 3341w0309 36" RCP, Class III LF 26 $162*00 $41212.00 33 41 10 —11 _ — — 334100311 36" RCP, Class V_ 33 41 10 _— LF 80 -- $20,400.00 _ 12 3349.0001 4' Storm Junction Box — 33 49 10 EA— _ 1 _$255.00 $5,200,00 $51200.00 13 334964104 21" SET, 1 pipe 33 49 40 -- EA _ _ 1 — $2,000*00 $21000.00 14 _ _ _ _ _ _ _ 3349.5001 10' Curb Inlet 33 49 20 EA 2 $6,300,00 $12,600*00 15 3349.7001 4' Drop Inlet 33 49 20 EA 3 $41800.00 $141400.00 _ 33 05 10 CY 11.8 $11000.00 $11,800000 16 3305.0116 Concrete Encasement for Utility Pipes 9999,0001 Concrete Flume $1,008400 32 13 13 SY 7 $144000 17 18 9999.0002 30" Steel Pie LF 72 $183.00 $13,176400 _— 19 9999.0003 Bore for 30" Steel Pie LF 72 $685.0a $49,320000 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $172,796.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUt.�NTS •DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 Calloway Cementary Rd Adm f21 •Fort Worth 00 42 43 DAP -HIDPROPOSAL Page 2 of 4 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information ( Bidders Proposal Bidlist Item) Specification Unit of I Bid Description Section No. I Measure Quantialue ty Unit Pr ce Bid V I No. UNIT IV: PAVING IMPROVEMENTS 1 0135.0101 Railroad Coordination ___ __ _ 01 35 13 LS _ 1 $3,700.00 $3,700.00 2 0135.0102 RailroadFlagmen -__ 013513 WD 30-$1,000600 _ $301000.00 3 0170,0100 Mobilization 01 70 00 LS 1 $651000.00 $65,000.00 4 0241,0401 Remove Concrete Drive 0241 13 SF 810 $3.00 $2,430400 5 0241.0402 Remove Asphalt Drive 02 41 13 _ SF _ 880 $2.00 $12760600 6 0241.0500 Remove Fence 0241 13 LF 524 $10.00 $5,240.00 7 _ 024161100 Remove Asphalt Pvmt - -____ ___-.-. 0241 IS - SY 372.1 $14.00 _ $52,094.00 8 3110.0102 12"-18" Tree Removal 31 1000 EA 2 $2,100.00 $4,200400 _ 9 3123.0101 Unclassified Excavation by Plan __ 3123 16_ _ CY___ _ _ 99 $50.00 $4,950000 _ 10 _ 3124.0101 Embankment By Plan _ 312400 �_ CY 1028 _-_ $53.00 - $54,484.00 11 3125.0101 S_WPPP>_ 1 acre _ 31 25 00 _ LS 1 _ $10,000.00 $101000.00 12 3211.0122 6" Flexible Base Type A GR-2 - 32 1123 - SY _- 732 _ $36.00 $26,352.00 13 3211.0600 Cement 321133 TN 35 $300.00 $10,500.00 14 3211.0702 8" Cement Treatmet _ 32 1133 _ SY_ _- 2557 - $16.00 $40,912.00 15 3212.0201 2" Asphalt Pvmt Type C _ - 32 12 16 _ _ SY 315 $27.00 - $8,505400 16_ _ 3212.0504 7" Asphalt Base 32 12 16_ _ SY_ _ 315 _ $69.00 $21,735.00 17 3213.0104 9" Cone Pvmt _ _ _ 32 13 13 _ SY2105 $115,00 $242,075.0 _ 0 - 18 _ 3213.0401 6" Concrete Driveway - _ -_ 321320 _ _ SF _ 5222 $13.00 $67,886400 19 321760002 4" SLID Pvmt Marking HAS (Y) _ _._ -__ 32 1723 _ LF 1550 -_ $1.00 -_ $1,550400 20 3217,0501 24" SLD Pvmt Marking 32 17 23 _ L_F__- - - 90 -_ $6.00 $540.00 21 3217.1001 Lane Legend RR - 32 17 23 EA 2 _ $500,00 $1,000,00 22 3217,2103 REFL Raised Marker TY II -A -A _ J 32 17 23 EA 22 _ $10.00 $220.00 --- - - - ------ -- -- - -- -- - 23 3231.0113 6' Chain Link, Steel- _ - -__ __- 32 31 13 LF _ 519 _ _ $35.00 $18,165400 24 3231.0307 20' Gate, Steel 323126 EA 2 $1,500000 $3,000.00 25 3291,0100 Topsoil _ _ 3291 19 _ - CY _ 290 $60�00 $173400,00 _- 26 3292.0100 Block Sod Placement - _ _-_-_ 32 92 13 -_ SY _ _1_066 _ $6.00 $61396.00 27 3292,0400 Seeding, Hydromutch 32 92 13 - SY 3835 _ $2.00 $7,670,00 28 3441.4003 Furnish(Install Alum Sign Ground Mount City Std. 34 4130 - EA10 _ $625400 $5,250600 - 29 - 3471,0001 Traffic Control _ - 3471 13 - MO - - - 6 _ $2,000.00-$12,000,00 30 3305,0111 Valve Box Adjustment ^ _ _- _ 3305 14EA _ _ 2 _ $650,00 - $1,300000 31 330540114 Manhole Adjustment, Major wl Cover _ - -_ 3305 14 EA 2 $201000.00 $40,000900 32 9999.0004 Remove Concrete Traffic Rail - _ LF 300 $35.00 $101500.00 33 _ 9999.0005 Remove Steel Bollard _ _- EA 9 - $35.00 - $315.00 - 34 9999.0006 Temporary 6" Flexible Base Type A GR-2 _ 321123 SY -_ 356 -_ $36.00 - $12,780,00 35 9999.0007 Concrete Street Header 32 16 13_ LF _130 _ $24.00 - $3,120400 36 9999.0008 30' Gate, Steel - 323126 EA 2 $3,000400 _ $6,000,00 CrrY OF FORT WORTH STANDARD CONSTRIICTION SPECIFICATION DOC[3tvIENTS •DEVELOPER AIVARDED PROJEC75 Form Version Septcmbcr 1, 2015 Calloway Cementary Rd Adm #1 -Fort worth SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 0o a2 as DAP•BII)PROPOSAL Page 3 or4 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No, Section No. Measure Quantity UNIT V: STREET LIGHTING IMPROVEMENTS 26 05 00_ EA 2 $53200.00 _ $10,400.00 1 2_605,0121 FurnislVhstall Elec Sery Sery Pole M_nt 2 2605,3015 2" CONDT PVC SCH 80 (T) _ 26 05 33 _ LF^ 450 _ -- $23,00 - $10,350.00 - 3 _ _ _ _ --- - 3441.141_0 NO 10 Insulated E_lec Condr --------- 3441 10 ---- — LF -- - 1425 $3000 $4,275.00 _ 4 3441.1502 Ground Box Type B, w/Apron _ 34 41 10 EA 3 _ _ $1 t200.00 $31600.00 5 344141633 Install T e 33B Ann 344120 _ EA 4 $240.00 $960.00 6 3441,3201 LED Lighting Fixture 344120 EA 4 $460400 $1,840,00 _ $2,900,00 _ — $11,600900 _ 7 3441.3301 Rd—}w r Ilium Foundation TY 12 2, and 4 _ 344120 EA 4 8 _ 3441,3312 Contact Enclosure, Pad Mount ^_ 344120 EA -_ 2 $4,600.00 $9,200200 $8,800.00 9 3441.3340 Rdwy Ilium TY 8 Pole 344120 EA 4 $2,200.00 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $615025,00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUL4ENTS -DEVELOPER AWARDED PROJECTS Form Version September 1, 20I5 Calloway Cementary Rd Adm Nl -Fort \Yorth SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM -f 00 42 43 DAP •BID PROPOSAL Page 4 of 4 Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification Unit of Bid No, Description Section No. Measure I Quantity Unit Price Bid Value Bid Summ UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS Total Construction Aid Contractor agrees to complete \VORR for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. END OF SECTION 180 calendar days after the date when the C[TY OF FORT NORTH STANDARD CONSTRUCTION SPECff[CATION DOCUhfENTS -DEVELOPER AWARDED PRO�CTS Form \onion September 1, 2015 Calloway Cementary Rd Adm #1 -Fort \North SECTION 00 43 13 DAP - BID BOND BY THESE PRESENTS: 00 43 13 DAP BID BOND FORM FOR PUBLICLY BID PROJECTS ONLY Page I of I That we, <B idding Company Name> called the Principal, and <Surety Name Here> a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of <Spell Out Numbers Here> and No/l00 Dollars said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firm by these presents. WHEREAS the Principal has submitted a proposal to perform work for the following project of the Obligee identified as: Calloway Cemetery Road THE Railroad Crossing (Intersection of Calloway Cemetery Rd. and the T.R.E. south of Trinity Blvd. between F.M. 157 & Euless S. Main St.) NOW, THEREFORE, if the Obligee shall award the Contract fox the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this By: <Bidding Company Name Here> By: <Surety Name Here> (Signature and Title of Principal) (Signature of Attorney -of --Fact) *Attach Power of Attorney (Surety) for Attorney -in -Fact END OF SECTION Impressed Surety Seal Only CITY OF FORT WORTH STANDARD CONSTRUCTION BID BOND FOR4f—DEVELOPER AWARDED PROJECTS Calloway Cemetery Road THE Railroad Crossing- Contract Book.docx Form Version April 2,2014 017839-1 PROJECT RECORD DOCUMENTS Page 1 of 3 1 SECTION 00 4511 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary. All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven (7) days prior 12 to the date of the opening of bids. For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application, the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 23 of Incorporation, Articles of Organization, Certificate of Formation, LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermit/ and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalifreation. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following. 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH Calloway Cemetery Rond THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUiviENTS 101442 Revised Apri[ 2, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 0176 39 ".2 PROJECT RECORD DOCUMENTS Page 2 of 3 (2) To be satisfactory, the financial statements must be audited or reviewed by an independent, certified public accounting firm registered and in good standing in any state. Current Texas statues also require that accounting firms performing audits or reviews on business entities within the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. (3) The accounting firm should state in the audit report or review whether the contractor is an individual, corporation, or limited liability company. (4) Financial Statements must be presented in U.S. dollars at the current rate of exchange of the Balance Sheet date. (5) The City will not recognize any certified public accountant as independent who is not, in fact, independent. (6) The accountant's opinion on the financial statements of the contracting company should state that the audit or review has been conducted in accordance with auditing standards generally accepted in the United States of America. This must be stated in the accounting firm's opinion. It should: (1) express an unqualified opinion, or (2) express a qualified opinion on the statements taken as a whole. (7) The City reserves the right to require a new statement at any time. (8) The financial statement must be prepared as of the last day of any month, not more than one year old and must be on file with the City 16 months thereafter, in accordance with Paragraph 1. (9) The City will determine a contractor's bidding capacity for the purposes of awarding contracts. Bidding capacity is determined by multiplying the positive net working capital (working capital = current assets — current liabilities) by a factor of 10. Only those statements reflecting a positive net working capital position will be considered satisfactory for prequalification purposes. (10) In the case that a bidding date falls within the time anew financial statement is being prepared, the previous statement shall be updated with proper verification. b. Bidder prequalification Application. A Bidder Prequalification Application must be submitted along with audited or reviewed financial statements by firms wishing to be eligible to bid on all classes of construction and maintenance projects. Incomplete Applications will be rejected. (1) In those schedules where there is nothing to report, the notation of 'None" or' N/A" should be inserted. (2) A minimum of five (5) references of related work must be provided. (3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking prequalification. The schedule must include the manufacturer, model and general common description of each piece of equipment. Abbreviations or means of describing equipment other than provided above will not be accepted. 3. eligibility to Bid a. The City shall be the sole judge as to a contractor's prequalification. b. The City may reject, suspend, or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 Calloway Cemetery Road THE Railroad Crossing l0144Z 1 2 3 4 5 6 7 017839-3 PROJECT RECORD DOCUMENTS Page 3 of 3 d. If a contractor has a valid prequalitication letter, the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter. 8 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 Calloway Ccmetery Road THE Railroad Crossing 101442 0045 12 DAP PREQUALIFICATION STATEMENT Page I 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 paving. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Asphalt Pavement Jackson Construction, Ltd 04-01-2020 Construction/Reconstruction Concrete Pavement Jackson Construction, Ltd 04-01-2020 Construction/Reconstruction Installation of Roadway and Pedestrian Lighting Independent Utility Construction, Inc. 03- 6-2019 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Jackson Construction, Ltd BY: Troy L. Jackson 5112 Sun Valley Drive Fort Worth, TX 76119 TITLE: President DATE: END OF SECTION CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION PREClUALIFICATIONSTRTEMENT— DEVELOPER AWARDED PROJECTS 00 4512_Prequalification Statement 2015 DAP Form Version September 1, 2015 017839-1 PROJECT RECORD DOCUMENTS Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406,096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No.101442 Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Jackson Construction, LTD By: Troy L. Jackson Company (Please Print) 5112 Sun Valley Dr. Signature: Address Fort Worth, TX 76119 Title: City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Troy L, JaCKSOn , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of the capacity GIVEN UNDER MY HAND ANI� SEAL for the purposes and consideration therein expressed and in OF OFFICE this � � � day of NICOLE M WEATHERFORD ° Notary Public ' STATE OF TEXAS My comm. Exp. September 10, 2018 END OF SECTION State of Texas CITY OF FORT WORTH Callo4vay Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101442 Revised Apri12, 2014 005243-I Developer Awarded Project Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on is made by and between the Developer, (Viridian 4 Municipal Management Distruct), authorized to do business in Texas ("Developer"), and 5 Jackson Construction, Ltd. , authorized to do business in 6 Texas, acting by and through its duly authorized representative, ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specked or indicated in the Contract Documents for the Project 11 identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Calloway Cemetery Road THE Railroad Crossin>; 16 ProiectNo.101442 17 Article 3. CONTRACT TBM 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are 20 of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 180 calendar days aftex the date when the 23 Contract Time commences to run as provided m Paragraph 2.04 of the Standard City Conditions of 24 the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer will suffer 27 financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus 28 any extension thereof allowed in accordance with Article 10 of the Standard City Conditions of 29 the Construction Contract for Developer Awarded Projects. The Contractor also recognizes the 30 delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered 31 by the Developer if the Work is not completed on time. Accordingly, instead of requiring any 32 such proof , Contractor agrees that as liquidated damages for delay (but not as a penalty), 33 Contractor shall pay Developer Two Thousand Dollars ($2.000.00) for each day that expires after 34 the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 35 Acceptance. CTTY OF FORT WORTH Calloway Cemetery Road THE Raikoad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised Apri12, 2014 005243-2 Developer Awarded Project Agreement Page 2 of 4 36 Article 4. CONTRACT PRICE 37 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of one million thirty-two thousand eight hundred fife Dollars 39 ($1,032,850.00). 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A.The Contract Documents which comprise the entire agreement between Developer and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form (As provided by Developer) 47 1) Proposal Form (DAP Version) 48 2) Prequalification Statement 49 3) State and Federal documents (project speck) 50 b. Insurance ACORD Form(s) 51 c. Payment Bond (DAP Version) 52 d. Performance Bond (DAP Version) 53 e. Maintenance Bond (DAP Version) 54 f. Power of Attorney for the Bonds 55 g. Worker's Compensation Affidavit 56 h. MBE and/or SBE Commitment Form (If required) 57 3. Standard City General Conditions of the Construction Contract for Developer Awarded 58 Projects. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment or, if not 61 attached, as incorporated by reference and described in the Table of Contents of the 62 Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the Agreement 67 and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 73 CTTY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised Apri] 2, 2014 005243-3 Developer Awarded Project Agreement Page 3 of 4 74 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, 76 the city, its officers, servants and employees, from and against any and all claims arising out 77 of, or alleged to arise out of, the work and services to be performed by the contractor, its 78 officers, agents, employees, subcontractors, licenses or invitees under this contract. This 79 indemnification provision is specifically intended to operate and be effective even if it is 80 alleged or proven that all or some of the damages being sought were caused, in whole or in 81 part, by any act, omission or negligence of the city. This indemnity provision is intended to 82 include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in 83 defending against such claims and causes of actions. 84 85 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, 86 its officers, servants and employees, from and against any and all loss, damage or destruction 87 of property of the city, arising out of, or alleged to arise out of, the work and services to be 88 performed by the contractor, its officers, agents, employees, subcontractors, licensees or 89 invitees under this contract. This indemnification provision is specifically intended to operate 90 and be effective even if it is alleged or proven that all or some of the damages being sought 91 were caused, in whole or in part, by any act, omission or negligence of the city. 92 93 Article 7. MISCELLANEOUS 94 7.1 Terms. 95 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of the 96 Construction Contract for Developer Awarded Projects. 97 7.2 Assignment of Contract. 98 This Agreement, including all of the Contract Documents may not be assigned by the Contractor 99 without the advanced express written consent of the Developer. 100 7.3 Successors and Assigns. 101 Developer and Contractor each binds itself, its partners, successors, assigns and legal 102 representatives to the other party hereto, in respect to all covenants, agreements and obligations 103 contained in the Contract Documents. 104 7.4 Severability. 105 Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable 106 by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall 107 continue to be valid and binding upon DEVELOPER and CONTRACTOR. 108 7.5 Goveming Law and Venue. 109 This Agreement, including all of the Contract Documents is performable in the State of Texas. 110 Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District 111 of Texas, Fort Worth Division. 112 7.6 Authority to Sign. 113 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized 114 signatory of the Contractor. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROTECTS 101441 Revised April 2, 2014 005243-4 Developer Awarded Project Agreement 115 116 117 118 119 120 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 Contractor: LTD Troy L. Jackson (Printed Name) Title: President Company Name:Jackson Construction, Ltd Address: 5112 Sun Valley Drive City/State/Zip: Fort Worth, TX 76119 Developer: � �' (Signature) Date"). (Printed Name) Title: Company name:Viridian Holdings LP Address: By: Johnson Viridian GP LLC, Its general partner 835 E. Lamar Blvd., #254 City/State/Zip: Arlington, TX 76011 SlI �fl�o Date Date Owner: 11 ,tol/kd7 /yWN)L%PAL AMALEEM�'r 41P*q (Signature) (Printed Name) Title: Chairman Company Name: Viridian Municipal Management District Address: 3100 McKinnon Street, Suite 1100 City/State/Zip: Dallas, TX 75201 Date CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101492 Revised April 2, 2014 POLICY NUMBER: 1000025444171 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. MR kW ftIA • ! • • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organizations : Location(s) Of Covered Operations Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II —Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: CG 20 10 04 13 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the ry or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 1 of 1 CompanyStarr Indemnity & Liability Dallas, TX I-000-0IUmZU22 • 1 • • • • • • Policy Number: 1000025444171 Effective ®ate: October 1, 2017 at 12:01 A.M. Named Insured:Jackson Construction, Ltd. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. SECTION IV —CONDITIONS, condition 4. Other Insurance is amended as follows: 1. The following is added to paragraph 4.a. of the Other Insurance condition: This insurance is primary insurance as respects our coverage to the additional insured, where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured is a Named Insured. All other terms and conditions of this Policy remain unchanged. Signed for STARR INDEMNITY &LIABILITY COMPANY Charles H. DarYgelo, President OG 107 (04/11) Nehemiah E. Ginsburg, Genera Copyright ©C. V. Starr 8 Company and Starr Indemnity 8 Liahility Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. Page 1 of 1 WORKERSCOMPENSATION INSURANCE WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY 1 • ! - - • • - • - - 1 1� This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. () Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 10/1/17 at 12:01 a.m. standard time, forms a part of: Policy no. 0001161633 of Texas Mutual Insurance Company effective on 10/1/17 Issued to: JACKSON CONSTRUCTION LTD This is not a bill NCCI Carrier Code: 29939 Authorized representative PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com ((800) 859-5995 � Fax (800) 359-0650 WC 42 03 04 B 006125-1 PROJECT RECORD DOCUMENTS Page I of 3 1 SECTION 00 6213 Bond#1068041 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Jackson Construction Ltd ,known as 8 "Principal" herein and The Hanover Insurance Company a corporate 9 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, (Viridian 11 Municipal Management District), authorized to do business in Texas ("Developer") and the City 12 of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of, one million thirty-two 13 thousand eight hundred fifty & 00/100 Dollars ($1,032,850.00 ), 14 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the 15 payment of which sum well and truly to be made jointly unto the Developer and the City as dual 16 obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 17 and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered info art .AVr`�ern::: �t for tht. construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement, CFA Number <enter CFA/CS Number>;and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the Iq day of A uq %#'S _ _, 2018, which Contract is hereby referred to and made apart 23 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and 24 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 25 as provided for in said Contract designated as Calloway Cemetery Road THE Railroad Crossing. 26 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall 27 faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 28 perform the Work, including Change Orders, under the Contract, according to the plans, 29 specifications, and contract documents therein referred to, and as well during any period of 30 extension of the Contract that may be granted on the part of the Developer and/or City, then this 31 obligation shall be and become null and void; otherwise to remain in full force and effect. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CITY COt�TDTTIONS —DEVELOPER AWARDED PROJECTS 101442 Revised January 31, 20 i2 1 2 3 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3i 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 00 6� 2s - 2 PROJECT RECORD DOCUMENTS Page 2 of 3 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the � 4 day of p�gu.s+ , 2ola. ATTEST: ' cipal) Secre ,l Witness as to Surety Pl�ciPAL: Jackson Construction, Ltd .1 .-� . 11- 1/ - Address: 5112 Sun Vailey Drive Fort worth, T'X� 761 I9 SURETY: The Hanover Insuranc�Company ��'� Jack M Crowley, Attorney in Fact Name and Title Address: 15305 Dallas Parkway, ��1100 Telephone Number: 972-385-9800 *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. CTfY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS 101442 Revised January 31, 2�12 i 4 4' 00 6125 - I PROJECT RECORD DOCUMENTS Page 1 of Bonav 1068041 1 SECTION OQ 62 1k 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Jackson Construction, Ltd. , known as 8 "Principal" herein, and The Hanover Insurance Company a 9 corporate surety ( or sureties if more than one), duly authorized to do business in the State of 10 Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the 11 Developer, (Viridian Municipal Management District), authorized to do business in Texas 12 "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal 13 sum of one million thirty-two thousand eight hundred fifty & 14 00/100 Dollars ($1,032,850.00 ), 15 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the 16 payment of which sum well and truly be made jointly unto the Developer and the City as dual 17 obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 18 and severally, firmly by these presents: 19 WHEREAS, Developer and City have Entered into an AD Bement for the construction of 20 community facilities in the City of Fort Worth, by and through a Community Facilities 21 Agreement, CFA Number <enter CFA/CS Number>;and 22 WHEREAS, Principal has entered into a certain written Contract with Developer, 23 awarded the I y day of 14 � s'F 2018, which Contract is hereby 24 referred to and made a part hereof for all purposes as if fully set forth herein, to fumish all 25 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 26 Work as provided for in said Contract and designated as Calloway Cemetery Road THE Railroad 27 Crossing. 28 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 29 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 30 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 31 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 32 force and effect. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDP.RD CITY CONDITIONS —DEVELOPER AWARDED PR07ECTS 10i442 Revised January 31, 2012 006125-2 PROJECT RECORD DOCUMENTS Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 TN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the _�� day of )2018, 7 ATTEST: ATTEST: PRINCIPAL: Jackson Construction, Ltd Troy L Jackson, President Name and Title Address: _5112 Sun Valley Drive Fort Worth, TX i o l 19 SURETY: The Hanover I BY: k M Crowley, Attorney in Fact Name and Title Address: 05 I)a11aG Parkway. A1100 CC� �— Addison. TX 75001 ness as to Surety Telephone Number: q72-'1R5-gR00 8 9 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 10 bylaws showing that this person has authority to sign such obligation. If Surety's physical 11 address is different from its mailing address, both must be provided. 12 13 The date of the bond shall not be prior to the date the Contract is awarded. 1A END OF SECTION CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 101442 Re\riSed January 31, 2012 006125-1 PROJECT RECORD DOCUMENTS Page 1 of 3 Bond111068041 1 SECTION 00 6219 2 141A1NTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY TIUSE PRESENTS: 6 COUNTY OF TARRANT § 7 That we Jackson Construction, Ltd. known as 8 "Principal" herein and Th H never Insurance Company , a corporate surety 9 (sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, (Viridian 11 Municipal Management District), authorized to do business in Texas ("Developer") and the City 12 of Fort Worth, a Texas municipal corporation ("City"), in the sum of one million thirty-two 13 thousand eight hundred fifty & 00/100 Dollars ($ 1,032,850.00 ), 14 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment 15 of which sum well and truly be made jointly unto the Developer and the City as dual obligees and 16 their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 17 jointly and severally, firmly by these presents. 18 19 W����A S, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number <enter CFA/CS Number>;and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the J ej day of A L>av , 2018, which Contract is hereby 24 referred to and a made part hereof for all purposes as if fully set forth herein, to famish all 25 materials, equipment labor and other accessories as defined by law, in the prosecution of the 26 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 27 the "Work") as provided for in said Contract and designated as Calloway Cemetery Road THE 28 Railroad Crossing.; and 29 30 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 31 accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workmanship for and during the period of two (2) years 33 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 34 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 101442 Revised January 31, 2012 00 61 25 - 2 PROJECT RECORD DOCUMENTS Page 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period, I 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 8 remain in full force and effect. 9 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely I 1 noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 1 % Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CITY CONDFI'IONS — DEl'ELOPER AWARDED PROJECTS IOI492 Revised January 31, 2012 006125-3 PROJECT RECORD DOCUMENTS Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the WSurety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the I_ day of 3 A�o�uS� 2018. C! 6 7 8 9 10 11 ATTEST: 12 13 14 (P cipal) Sec 15 11< 1 1 1 2 21 22 23 24 25 26 27 28 29 A 30 31 // 7/1� ry 32 ety) S�`eta 33 ���// 7 34 ��' 35 Witness as to Surety 36 PRINCIPAL. Jackson Construction, Ltd Troy L Jackson, President Address: Name and Title 5112 Sun VaIIey Drive Fort Worth. TX 76119 SURETY: The Hanover Insur Jack M Crowley, Attorn Name and Title Company in Fact Address: 15305 Dallas Parkway, 4I1100 1f Addison, Telephone Number: 97 2-385 -9 800 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 41 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS 101442 Revised January 31, 2012 = THE HANOVER INSURANCE COMPANY M %SSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY 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. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing underthe laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Steven R. Foster, Jack M. Crowley and/or Tonie Petranek Of Willis of Texas, Inc. of Dallas, TX each individually, if there be more than one named, as its true and lawful attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States, not to exceed Thirty Five Million and No/100 ($35,000,000) in any single instance That this power is made and executed pursuant tathe authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all otherwritings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED: That any and fin of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981 — The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 — Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 12th day of February, 2018. The Fla Hover Insurance Cam pang Massachusetts Bay Insurance Company Crtizens Insurance Company of America John C. Roche: EVP and President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. i "ca_F d The Fia hover Insura nce Conti pa ny Massachusetts Bay Insurance Company Citizens Insurance Company of America JamesH- Ka%%iecki, Vice President On this 12"'day of February, 2018 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. Diann I �cvan r ihhc hto Cuinmisc,pa, CxD�ns `.iar4h ^._'O" i, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this CERTIFIED COPY day of liieudore ki. Iyiartine4 Vier Presirient .' ; Tile Hanover The Hanover Insurance Company 1440 Lincoln Street Worcester, MA 01653 Insurance Group® Citizens Insurance Company of America 1 645 West Grand River Avenue, Howell, MI 48843 Texas Complaint Notice ►T�TZi]�T�yi�L��>lLl To obtain information or make a complaint: You may call The Hanover Insurance Company/Citizens Insurance Company of America's toll -free telephone number for information or to make a complaint at: 1-800-608-8141 You may also write to The Hanover Insurance Company/ Citizens Insurance Company of America at: 440 Lincoln Street Worcester, MA 01615 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the com- pany first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or con- dition of the attached document. AVISO IMPORTANTE Para obtener informacion o Para someter una queja: Usted puede Ilamar al numero de telefono gratis de The Hanover Insurance Company/Citizens Insurance Company of America's para informacion o para someter una queja al: 1-800-608-8141 Usted tambien puede escribir a The Hanover Insurance Company/Citizens Insurance Company of America al: 440 Lincoln Street Worcester, MA 01615 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. D. Box 149104 Austin, TX 78714-9104 Fix: (512) 475--1771 Web: http://www.tdi.texas,gov E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un rec- lamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condition del documento adjunto. STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH Cailoway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCLIMF..NTS —Developer Awarded Projects 101442 Revised December 20, 2012 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1—Definitions and Terminology 1 1.1 Defined Terms...............................................................................................................................1 1.2 Terminology.................................................................................................................................. 5 Article 2 —Preliminary Matters 6 2.1 Before Starting Construction........................................................................................................ 6 2.2 Preconstruction Conference ..........................................................................................................6 2.3 Public Meeting.............................................................................................................................. 6 Article 3 —Contract Documents and .Amending 6 3.1 Reference Standards............. .. 09 so 06400404042 049moot am a ad made go 9 1 *0 0 944490490a a 0 a 0 0 so age I a 4 am a fwww*4**otqq6 3.2 Amending and Supplementing Contract Documents................................................................... 6 Article 4 —Bonds and Insurance 7 4.1 Licensed Sureties and Insurers...................................................................................................... 7 4.2 Performance, Payment, and Maintenance Bonds......................................................................... 7 4.3 Certificates of Insurance............................................................................................................... 7 4.4 Contractor's Insurance.................................................................................................................. 9 4.5 Acceptance of Bonds and Insurance; Option to Replace...........................................................12 Article 5 —Contractor's Responsibilities 12 5.1 Supervision and Superintendent.add .............................................:...............................................12 5.2 Labor; Working Hours................................................................................................................13 5.3 Services, Materials, and Equipment...........................................................................................13 5.4 Project Schedule..........................................................................................................................14 5.5 Substitutes and "Or-Equals".......................................................................................................14 5.6 Pre -Qualification of Bidders (Prime Contractors and Subcontractors).....................................t 16 5.7 Concerning Subcontractors, Suppliers, and Others....................................................................16 dead5.8 Wage Rates..................................................................................................................................18 5.9 Patent Fees and Royalties...........................................................................................................19 5.10 Laws and Regulations.................................................................................................................19 5.11 Use of Site and Other Areas........................................................................................................19 5.12 Record Documents.....................................................................................................................a20 5.13 Safety and Protection.................................................................................................................. 21 5.14 Safety Representative.......... 6 as toosagoof I 0000tta*too 0 looted &costa 0 8 0 affect @**got a 1 0 1 added boom to 0 Be commerce a $*Oslo sees@ 0 4 8 8 1 0 0 0 a a 0 a a 621 5.15 Hazard Communication Programs............................................................................................. 22 5.16 Submittals....................................................................................................................................22 5.17 Contractor's General Warranty and Guarantee........................................................................... 23 C[TY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awuded Projects 101442 Revised December 20, 2012 5.18 Indemnification...................................................................................................................:....... 24 5.19 Delegation of Professional Design Services...............................................................................24 5.20 Right to Audit:...............................................................................................2.0..6.....0..0.101904649..09425 5.21 Nondiscrimination. met so I 1 99 R a a a a a 0000 4 0 & 0 a a 2 0 a 0 a a a a a 5 a 0 f * a a 6 4 4 a 4 a 0 4 a 6 0 0 9 9 4 3 9 a 4 9 0 P 0 4 0 0 a 0 0 0 4 R a a 0 0 0 a 0 a I & & a o 0 4 0 a d 5 a 0 9 * a 6 6 1 1 0 9 0 6 0 4 4 a b 2 5 Article6 — Other Work at the Site................................................................................................................... 26 6.01 Related Work at Site..................................................................................................................0 26 Article 7 — City's Responsibilities...................................................................................................................26 7.1 Inspections, Tests, and Approvals...............................................................................................26 7.2 Limitations on City's Responsibilities ..........................26 ............................ tote .............................. 7.3 Compliance with Safety Program............................................................................................... 27 Article 8 — City's Observation Status During Construction............................................................................27 8.1 City's Project Representative......................................................................................................27 8.2 Authorized Variations in Work...................................................................................................27 8.3 Rejecting Defective Work, . 1 4 4 0 4 9 4 a 0 q 0 t 0 0 a 6 a 0 6 a a 4 a 0 a 9 4 a 0 6 3 a a a a 4 a a t a a 4 0 a a I a 4 a 4 4 4 9 9 a I a 9 8.4 Determinations for Work Performed..........................................................................................28 Article9 —Changes in the Work..................................................................................................................... 28 9.1 Authorized Changes in the Work................................................................................................28 9.2 Notification to Surety.................................................................................................................. 28 Article 10 —Change of Contract Price; Change of Contract Time................................................................. 28 10.1 Change of Contract Price............................................................................................................ 28 10.2 Change of Contract Time............................................................................................................28 10.3 Delays..........................................................................................................................................28 Article 11—Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....................... 29 11.1 Notice of Defects...1.8.4.49004.00.000..4..4.0...........6.......40..04004.41.0.0.4..049.000.00..40010.9.05...0.0.0.....00...9.4100..1666429 11.2 Access to Work........................................................................................................................... 29 11.3 Tests and Inspections..................................................................................................................29 11.4 Uncovering Work,.. *60*904#8 Debate 0 64 40 06 am tata#aa IsoessestA ag*486moofe at *memo 000*00 *Rate Roommate me 4*040 00 *#@*so @bottom goof stage 0444V440 30 11.5 City May Stop the Work.............................................................................................................30 11.6 Correction or Removal of Defective Work................................................................................ 30 11.7 Correction Period........................................................................................................................ 30 11.8 City May Correct Defective Work............ 6644 see I ottgoo6so 4 a I 10 v 4 0 4 0 * 0 0 0 4 6 a a 0 a a # I * 0 1 4 4 0 1 a 14 4 a 4 a 0 4 4 a 4 4 a f a a 4 a 0 & a & a a a W a 4 4 0 0 a 0 131 Article12 —Completion.................................................................................................................................. 32 12.1 Contractor's Warranty of Title.................................................................................................... 32 12.2 Partial Utilization........................................................................................................................ 32 12.3 Final Inspection.......... a boost* so Rose was Roommate otwfoosoo meow*** me Do so to *gag PGv1vq*qM *ago *I* R4 bm sob a ago 400*00 0a4&e***4 60*0 64*9 09*0 0 to 60*932 12.4 Final Acceptance.........................................................................................................................33 Article13 —Suspension of Work. . 0 4 0 6 0 0 1 5 a a a I a 0 0 0 a 6 4 1 a d 6 0 * 6 t a a 4 a 0 0 a a a a 4 a a 0 4 4 1 9 1 9 9 0 4 a 4 0 4 a a I a a a a a 6 a a 0 a 0 9 0 0 a 1 4 4 0 0 0 0 v 4 a 9 6 4 0 4 0 a a 0 a 0 4 0 a 0 0 a 4 0 4 0 a a a 033 13.01 City May Suspend Work............................................................................................................. 33 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -Developer Awarded Projects 101442 Revised December 20, 2012 Article14 — Miscellaneous.............................................................................................................................. 34 Ar 14.1 Giving Notice.............................................................................................................................. 34 14.2 Computation of Times................................................................................................................34 14.3 Cumulative Remedies................................................................................................................. 34 14.4 Survival of Obligations...............................................................................................................35 14.Headings, 35 ngs...................................................................................................................................... 5 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S —Developer Awarded Projects IOlA42 Revised December 20, 2012 00 73 10-1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of35 ARTICLE 1—DEFINITIONS AND TERMIlYOLOGY 1.1 Defined Terms A. Wherever used in these General Conditions or in othex 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 tern, 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 pexcent 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 houxs 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 beha f 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—Theentire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents —Those items that make up the contract and which must include the Agreement, and it's attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement CITY OF FORT WORTIi Cellotivay Cemetery Road TRB Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 0073 10-2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non -Resident Bidder in, Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g, Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j . MWBE Commitment Form( If required by City) k. General Conditions 1. Supplementary Conditions 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. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 10i442 Revised December 20, 2012 0073 10-54 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 16. Final Inspection — Inspection carried out by the City to verb that the Contractor has completed the Work and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens —Charges, security interests, or encurnbrances atpon 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. Said Change Order or combination of change orders shall not exceed 25% of the awarded contract total. 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 loot"rising 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. Owner —The Company and/or Viridian Municipal Management District, and their duly authorized assistants or agents as described in the Contract. 29. Regular Working Hours —Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thin Friday (excluding legal holidays). CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 00 73 IV-54 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 30. 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. 31. 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. 32. 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-of4ay, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 33. Specifications—T�tat 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. 34. Standard City Conditions —That part of the Conh•act Documents setting forth requirements of the City. 35. Subcontractor An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of apart of the Work at the Site. 36. Submittals All drawings, diagrams, illtistr•ations, 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. 37. 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 actfor the Contractor. 38. Supplementary Conditions —That part of the Contract Documents which amends or supplements the General Conditions. 39. Supplier A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or -with arty Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 40. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and arty 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. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMEN"I'S —Developer Awarded Projects IOI442 Revised December 20, 2012 00 73 IM4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 41. 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. 42. 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 ofperforming or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non -Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 43. 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 tinder 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. 1.2 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 woad "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean famishing 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 awell-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2 -PRELIMINARY MATTERS 2.1 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. 2.2 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.3 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site priox to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 --CONTRACT DOCUMENTS AND AMENDING 3.1 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 11. 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. provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duly 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. 3,2 Amending and Sacpplementing 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 deviations in the Work not involving a change in 1. A Field Order; be supplemented, and minor variations and CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUIv1ENTS —Developer Awazded Projects 101442 Revised December 20, 2012 0073 10-7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C)5 or 2. City's written intezpretation or clarification. ARTICLE 4 —BONDS AND INSURANCE 4.1 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. 4.2 Performance, Payment, and Maintenance Bonds A. Contractor shall finTlish 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. A11 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-m4act signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its Ixght 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. 4.3 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. CITY OF FORT WORTH Calloway Cemetery Road 1'RE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 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 cagier 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 underwlxtten 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 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 00 7310- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of p5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. I1. Ciiy, 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. 4.4 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable% 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 00 7310-10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of35 1) $100,000 each accidenvoccurrence 2) $1001000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment —Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor's Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUC'ITON SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 00 7310-11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 1) $11 000, 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 PropertyDarnage 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 Coniactor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: THE Railroad 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: $6 000 000.00 Enter limits provided by Railroad Company (Ifnone, write none) b. Each Occurrence:: $2 000 000.00 Enterlimits provided by Railroad Company (Ifnone, 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 light -of way or where several railroad companies are involved and operated on their own separate rights -of - CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 00 7310-12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of35 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. a 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. 4.5 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 xequested). 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 RESPONS1BIl.ITIES 5.1 ,Supervision and Sacperintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as maybe necessary to perform the CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 00 7310-13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of35 Work m 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. 5.2 Labor; yYorking 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, ].. fox beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. fox 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. 5.3 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 Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS _Developer Awarded Projects 101442 Revised December 20, 2012 00 7310-14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of35 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.4 Project Schedule A. Contractor shall adhere to I 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. 5.5 Substitutes and "Or-Egarals" 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, filnction, 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 constluction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results unposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awazded Projects 101442 Revised December 20, 2012 00fJIv- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of35 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents, 2. Substrtute 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 furlush or use. The application shall comply with Section 0125 00 and. 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will xequire 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; available engineering, sales, maintenance, repair, and replacement services; and CITY OF FORT WORTI I Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 00 73 10-16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of35 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. Cirys Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.053. 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 indemnifv and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorney's fees) arising out of the use of substituted materials or equipment. E. Citys Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs S.OS.A.2 and S.W.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. 5.6 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 5.7 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCU1v1EN'I'S —Developer Awarded Projects 101442 Revised December 20, 2012 00 73 10-17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of35 ❑ Required for this Contract. (Check Us box if there is any City Participation) 0 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 in 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. Contractox 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 ox 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 fiunishing 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 ox Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 00 73 10-18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.8 Wage Rates 0 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 detenr1med 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 detem ination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial dete1nimation 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 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 00 7310-19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of35 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 Contractox shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.9 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemn� and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers) architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STAi�IDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 00 7310- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim. be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim, 4. Pursuant to Paragraph 5.18, Coniractor shall indemn� 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 Pefformance of the Work.• Du1i11g 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 Contractox shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMED[TS —Developer Awarded Projects 101442 Revised December 20, 2012 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page21 of35 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to. 1. all persons on the Site or who maybe affected by the Work; 2. ail 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, wallcs, 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 properly referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 00 7310-22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of35 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit member 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-Ixlfolrnation-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, CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 10r442 Revised December 20, 2012 0073 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page23 of35 2. city 's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and 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 xesponsibility 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 Cn�arantee 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 teax under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: l . observations by City; 2. recommendation or payment by City or Developer of any pxogress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by 4, use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awazded Projects 101442 Revised December 20, 2012 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 7. any collection 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 o�vn 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 INPART, 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 EYDEM NIFICATION 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. Contra or will not be required to provide professional design services unless such services are specifically xequired 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. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S —Developer Awarded Projects 101442 Revised December 20, 2012 00 7310- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of35 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 subcontt•aets 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 fiu.her, 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 discriininating 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. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awazded Projects 101442 Revised December 20, 2012 00 7310-26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 ARTICLE 6 —OTHER WORK AT THE SITE 6.01 Related WoI k 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. Contxactor 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 works 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 7.1 .Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.2 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 0073 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.3 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 8.1 City's Project Rept esentative City will provide one or more Project Representatives) 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 rbe 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. 8.2 Authorized Tariations in �f/ork 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. 8.3 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. CITX OF FORT WORTH Callotivay Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Atvazded Projects 101442 Revised December 20, 2012 00 7310-28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page28 of35 8.4 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 9.1 Aztthorized 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. 9.2 Not cation 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 10.1 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.2 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.3 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 pI•ofessionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 ARTICLE 11— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 1 1.1 Notice of Defects Notice of ail 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. 11.2 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. 11.3 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 Works 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") far 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" ox other sirrular 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 Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects 101442 Revised December 20, 2012 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of35 3. Any amounts owed for any retest under this Section 11.03 D shall De paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 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 Woxk (or the work of others) that is to Contractor without written concurrence of City, such Work for observation. 11.4 Uncovering Work be inspected, tested, or approved is covered by Contractor shall, if requested by City, uncover 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, 11.5 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. 11.6 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. 11.7 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page31 of35 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: l . 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. 11.8 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 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Ativazded Projects 10r442 Revised December 20, 2012 00 73 10-32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Docurrients 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 12.1 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. 12.2 Partial Utilization A. Priol• to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been ident ed 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. 12.3 Finallnspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 0073 10-33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.4 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 Sarspend Work A. At any time and without cause, Ciiy may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 00 731M4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of35 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C, If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstructor 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 14.1 Giving Notice A. Whenever any provision of the Contract Documents requixes 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. l 4.2 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. 14.3 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 Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCiJMEN'PS —Developer Awarded Projects 101442 Revised December 20, 2012 00 7310- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of35 14.4 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. 14.5 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 14.6 Retainage In making progress payments, ten (10) percent of the estimated amount shall be retained until final completion and acceptance of the contract work. However, if the Viridian Municipal Management District board at any time after fifty (50) percent of the work has been completed finds that satisfactory progress is being made, it may authorize any of the remaining progress payments to be made in full. Also, if the work is substantially complete, the board, if it finds the amount retained to be in excess of the amount adequate for the protection of the District, at its discretion may release to the contractor all or a portion of the excess amount. The District is not obligated to pay interest on amounts retained except as provided herein. The District shall not be obligated to pay any interest on the ten (10) percent retainage held on the first fifty (50) percent of work completed. If the district holds any retainage on the remaining fifty (50) percent of work completed, the District shall pay interest on such retainage from the date the retainage is withheld to the date of payment to the contractor. The interest rate to be paid on such retainage shall be the rate of interest paid by the District's depository bank on interest bearing accounts of similar amounts during the period of time interest accrues as provided herein:° CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 00 6125 "I DAP PROJECT RECORD DOCUMENTS Page 1 of 3 1 SECTION 01 1100 2 SUMMARY OF WORK 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None, 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division I - General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED) 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor, materials, and equipment, and performing 20 all Work necessary for this construction project as detailed in the Drawings and 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements for the 24 project, such as conditions imposed by the Drawings or Contract Documents in 25 which no spccific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item list, then the item shall 27 be considered as a subsidiary item of Work, the cost of which shall be included in 28 the price bid in the Proposal for various bid items. 29 C. Use of Premises 30 1. Coordinate uses of premises under direction of the City. 31 2. Assume full responsibility for protection and safekeeping of materials and 32 equipment stored on the Site. 33 3. Use and occupy only portions of the public streets and alleys, or other public places 34 or other rights-of4ay as provided for in the ordinances of the City, as shown in the 35 Contract Documents, or as may be specifically authorized in writing by the City. 36 a. A reasonable amount of tools, materials, and equipment for construction 37 purposes may be stored in such space, but no more than is necessary to avoid 38 delay in the construction operations. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 00 6125 -2 DAP PROJECT RECORD DOCUMENTS Page 2 of 3 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 All Work shall be in accordance with railroad requirements set forth in Division 7 0 as well as the railroad permit. 8 D. Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission from the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specked approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided otherwise, clear all rights -of -way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations. 17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, 18 plants, lawns, fences, culverts, curbing, and all other types of structures or 19 improvements, to all water, sewer, and gas lines, to all conduits, overhead pole 20 lines, or appurtenances thereof, including the construction of temporary fences 21 and to all other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or D private lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of 25 the Work. 26 b. Notices shall be applicable to both public and private utility companies and 27 any corporation, company, individual, or other, either as owners or 28 occupants, whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or injury to property of any character 30 resulting from any act, omission, neglect, or misconduct in the manner or 31 method or execution of the Work, or at any time due to defective work, 32 material, or equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the 35 Project to the original or abetter than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the 37 Work is not in progress and when the site is vacated overnight, and/or at all 38 times to provide site security. 39 c. The cost for all fence work within easements, including removal, temporary 40 closures and replacement, shall be subsidiary to the various items bid in the 41 project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S —Developer Awarded Projects 101442 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 006I25-3 DAP PROJECT RECORD DOCUMENTS Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMA.TIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 -PRODUCTS [NOT USED] PART 3 -EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —Developer Awarded Projects 101442 Revised December 20, 2012 00 612519 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 3 1 SECTION 0131 19 2 PRECONSTRUCTION MEETING 3 PART 1-GENERAL 4 1.1 SUMMCARY 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 Be Deviations from this City of Fort Worth Standard Specification 9 1. No construction schedule required unless requested by the City. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1— General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor, subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded. 24 a. If recorded, tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the delivery of the 28 distribution package to the City. 29 The meeting will be scheduled and administered by the City. 30 2. The Project Representative will preside at the meeting, prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. 33 3. Attendance shall include: 34 a. Developer and Consultant 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplier representatives whom the Contractor may 38 desire to invite or the City may request 39 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised August 30, 2013 00 612519 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 3 1 e. Other City representatives 2 f. Others as appropriate 3 4. Preliminary Agenda may include: 4 a. Introduction of Project Personnel 5 b. General Description of Project 6 c. Status of right-of-way, utility clearances, easements or other pertinent permits 7 d. Contractor's work plan and schedule 8 e. Contract Time 9 f. Notice to Proceed 10 g. Construction Staking 11 h. Progress Payments 12 i. Extra Work and Change Order Procedures 13 j. Field Orders 14 k. Disposal Site Letter for Waste Material 15 1, Insurance Renewals 16 m. Payroll Certification 17 n. Material Certifications and Quality Control Testing 18 o. Public Safety and Convenience 19 p. Documentation of Pre -Construction Conditions 20 q. Weekend Work Notification 21 r, Legal Holidays 22 s. Trench Safety Plans 23 t. Confined Space Entry Standards 24 u. Coordination with the City's representative for operations of existing water 25 systems 26 v. Storm Water Pollution Prevention Plan 27 w. Coordination with other Contractors 28 x. Early Warning System 29 y. Contractor Evaluation 30 z. Special Conditions applicable to the project 31 aa. Damages Claims 32 bb. Submittal Procedures 33 cc. Substitution Procedures 34 dd. Correspondence Routing 35 cc. Record Drawings 36 ff. Temporary construction facilities 37 gg, MBE/SBE procedures 38 hh. Final Acceptance 39 H. Final Payment 40 J. Questions or Comments CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised August 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 00 612519 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] loll FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 -PRODUCTS [NOT USED] PART 3 -EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised August 30, 2013 006125-I DAP PROJECT RECORD DOCUMENTS Page 1 of 8 1 SECTION 0133 00 2 DAP SUBMITTALS 4 1.1 SAY 5 A. Section Includes: 6 1. General methods and requirements of submissions applicable to the following Work- 7 related submittals: 8 a. Shop Drawings 9 b. Product Data (including Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1, Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1— General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various items bid. No 20 separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED) 22 1A ADMINISTRATIVE REQUIREMENTS 23 A. Coordination 24 1. Notify the City in writing, at the time of submittal, o£ any deviations in the submittals 25 from the requirements of the Contract Documents. 26 2. Coordination of Submittal Times 27 a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing 28 the related Work or other applicable activities, or within the time specified in the 29 individual Work Sections, of the Specifications. 30 b. Contractor is responsible such that the installation will not be delayed by processing 31 times including, but not limited to: 32 a) Disapproval and resubmittal (if required) 33 b) Coordination with other submittals 34 c) Testing 35 d) Purchasing 36 e) Fabrication 37 f) Delivery 38 Similar sequenced activities 39 c. No extension of time will be authorized because of the Contractor's failure to 40 transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCU�NTS —DEVELOPER AWARDED PROJECTS 101442 Revised August 30, 2013 006125-2 DAP PROJECT RECORD DOCUMENTS Page 2 of 8 1 d. Make submittals promptly in accordance with approved schedule, and in such 2 sequence as to cause no delay in the Work or in the work of any other contractor. 3 B. Submittal Numbering 4 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 each 8 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 typical 11 submittal number would be as follows: 12 13 03 30 M08-B 14 15 1) 03 30 00 is the Specification Section for Concrete 16 2) 08 is the eighth initial submittal under this Specification Section 17 3) B is the third submission (second resubmission) of that particular shop 18 drawing 19 C. Contractor Certification 20 1. Review shop drawings, product data and samples, including those by 21 subcontractors, prior to submission to determine and verify the following: 22 a. Field measurements 23 b. Field construction criteria 24 c. Catalog numbers and similar data 25 d. Conformance with the Contract Documents 26 2. Provide each shop drawing, sample and product data submitted by the Contractor 27 with a Certification Statement axed including: 28 a. The Contractor's Company name 29 b. Signature of submittal reviewer 30 c. Certification Statement 31 1) "By this submittal, I hereby represent that I have determined and verified 32 field measurements, field construction criteria, materials, dimensions, 33 catalog numbers and similar data and I have checked and coordinated each 34 item with other applicable approved shop drawings." 35 D. Submittal Format 36 1. Fold shop drawings larger than 8'/2 inches x 11 inches to 8 %2 inches x 11 inches. 37 2. Bind shop drawings and product data sheets together. 38 3. Order 39 a. Cover Sheet 40 1) Description of Packet 41 2) Contractor Certification 42 b. List of items / Table of Contents 43 c. Product Data /Shop Drawings/Samples /Calculations 44 E. Submittal Content 45 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised August 30, 2013 006125-3 DAP PROJECT RECORD DOCUMENTS Page 3 of 8 1 2. The Project title and number 2 3. Contractor identification 3 4. The names of: 4 a. Contractor 5 b. Supplier 6 c. Manufacturer 7 5. Identification of the product, with the Specification Section number, page and 8 paragraph(s) 9 6. Field dimensions, clearly identified as such 10 7. Relation to adjacent or critical features of the Work or materials 11 8. Applicable standards, such as ASTM or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification by highlighting of revisions on resubmittals 14 11. An &mch x 34nch blank space for Contractor and City stamps 15 F. Shop Drawings 16 1. As specified in individual Work Sections includes, but is not necessarily limited to; 17 a. Custom -prepared data such as fabrication and erection/installation (working) 18 drawings 19 b. Scheduled information 20 c. Setting diagrams 21 d. Actual shopwork manufacturing instructions 22 e. Custom templates 23 f. Special wiring diagrams 24 g. Coordination drawings 25 h. Individual system or equipment inspection and test reports including: 26 1) Performance curves and certifications 27 i. As applicable to the Work 28 2. Details 29 a. Relation of the various parts to the main members and lines of the structure 30 b. Where correct fabrication of the Work depends upon field measurements 31 Provide such measurements and note on the drawings prior to submitting for 32 approval. 33 G. Product Data 34 1. For submittals of product data for products included on the City's Standard Product 35 List, clearly identify each item selected for use on the Project. 36 2. For submittals of product data for products not included on the City's Standard 37 Product List, submittal data may include, but is not necessarily limited to: 38 a. Standard prepared data for manufactured products (sometimes referred to as 39 catalog data) 40 1) Such as the manufacturer's product specification and installation instructions 41 2) Availability of colors and patterns 42 3) Manufacturer's printed statements of compliances and applicability 43 4) Roughing4n diagrams and templates 44 5) Catalog cuts CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised August 30, 2013 00 6125 - 4 DAP PROJECT RECORD DOCUMENTS 1 6) Product photographs 2 7) Standard wiring diagrams 3 8) Printed performance curves and operational -range diagrams 4 9) Production or quality control inspection and test reports and certifications 5 10) Mill reports 6 11) Product operating and maintenance instructions and recommended spare -parts 7 listing and printed product warranties 8 12) As applicable to the Work 9 H. Samples 10 1. As specified in individual Sections, include, but are not necessarily limited to. 11 a. Physical examples of the Work such as: 12 1) Sections of manufactured or fabricated Work 13 2) Small cuts or containers of materials 14 3) Complete units of repetitively used products color/texture/pattern swatches and 15 range sets 16 4) Specimens for coordination of visual effect 17 5) Graphic symbols and units of Work to be used by the City for independent 18 inspection and testing, as applicable to the Work 19 I. no not start Work requiring a shop drawing, sample or product data nor any material to be 20 fabricated or installed prior to the approval or qualified approval of such item. 21 1. Fabrication performed, materials purchased or on -site construction accomplished which 22 does not conform to approved shop drawings and data is at the Contractor's risk. 23 2. The City will not be liable for any expense or delay due to corrections or remedies 24 required to accomplish conformity. 25 3. Complete project Work, materials, fabrication, and installations in conformance with 26 approved shop drawings, applicable samples, and product data. 27 J. Submittal Distribution 28 1. Electronic Distribution 29 a. Confirrn development of Project directory for electronic submittals to be uploaded 30 to City's Buzzsaw site, or another external FTP site approved by the City. 31 b. Shop Drawings 32 1) Upload submittal to designated project directory and notify appropriate City 33 representatives via email of submittal posting. 34 2) Hard Copies 35 a) 3 copies for all submittals 36 b) If Contractor requires more than 1 hard copy of Shop Drawings returned, 37 Contractor shall submit more than the number of copies Iisted above. 38 c. Product Data 39 1) Upload submittal to designated project directory and notify appropriate City 40 representatives via email of submittal posting. 41 2) Hard Copies 42 a) 3 copies for all submittals 43 d. Samples 44 1) Distributed to the Project Representative 45 2. Hard Copy Distribution (if required in lieu of electronic distribution) 46 47 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised August 30, 2013 00 61 25 - 5 DAP PROJECT RECORD DOCUMENTS Page 5 0£8 1 a. Shop Drawings 2 1) Distributed to the City 3 2) Copies 4 a. 8 copies for mechanical submittals 5 b. 7 copies for all other submittals 6 c. If Contractor requires more than 3 copies of Shop Drawings returned, 7 Contractor shall submit more than the number of copies listed above. 8 b. Product Data 9 1) Distributed to the City 10 2) Copies 11 a) 4 copies 12 c. Samples 13 1) Distributed to the Project Representative 14 2) Copies 15 a) Submit the number stated in the respective Specification Sections. 16 3. Distribute reproductions of approved shop drawings and copies of approved product 17 data and samples, where required, to the job site file and elsewhere as directed by 18 the City. 19 a. Provide number of copies as directed by the City but not exceeding the number 20 previously specified. 21 K. Submittal Review 22 1. The review of shop drawings, data and samples will be for general conformance with 23 the design concept and Contract Documents. This is not to be construed as: 24 a. Permitting any departure from the Contract requirements 25 b. Relieving the Contractor of responsibility for any errors, including details, 26 dimensions, and materials 27 c. Approving departures from details furnished by the City, except as otherwise 28 provided herein 29 2. The review and approval of shop drawings, samples or product data by the City does 30 not relieve the Contractor from his/her responsibility with regard to the fulfillment of 31 the terms of the Contract. 32 a. All risks of error and omission are assumed by the Contractor, and the City will 33 have no responsibility therefore. 34 3. The Contractor remains responsible for details and accuracy, for coordinating the Work 35 with all other associated work and trades, for selecting fabrication processes, for 36 techniques of assembly and for performing Work in a safe manner. 37 4. If the shop drawings, data or samples as submitted describe variations and show a 38 departure from the Contract requirements which City finds to be in the interest of the 39 City and to be so minor as not to involve a change in Contract Price or time for 40 performance, the City may return the reviewed drawings without noting an exception. 41 5. Submittals will be returned to the Contractor under 1 of the following codes: 42 a. Code 1 43 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 44 comments on the submittal. 45 a. When returned under this code the Contractor may release the equipment 46 and/or material for manufacture. 47 b. Code 2 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised August 30, 2013 006125-O DAP PROJECT RECORD DOCUMENTS 1 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the 2 notations and comments IS NOT required by the Contractor. 3 a. The Contractor may release the equipment or material for manufacture; 4 however, all notations and comments must be incorporated into the final 5 product. 6 c. Code 3 7 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned 8 when notations and comments are extensive enough to require a resubmittal of 9 the package. 10 a) The Contractor may release the equipment or material for manufacture; 11 however, all notations and comments must be incorporated into the final 12 product. 13 b) This resubmittal is to address all comments, omissions and non -conforming 14 items that were noted. 15 c) Resubmittal is to be received by the City within 15 Calendar Days of the 16 date of the City's transmittal requiring the resubmittal. 17 d. Code 4 18 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of 19 the Contract Documents. 20 a) The Contractor must resubmit the entire package revised to bring the 21 submittal into conformance. 22 b) It may be necessary to resubmit using a different manufacturer/vendor to 23 meet the Contract Documents. 24 6. Resubmittals 25 a. Handled in the same manner as first submittals 26 1) Corrections other than requested by the City 27 2) Marked with revision triangle or other similar method 28 a) At Contractor's risk if not marked 29 b. Submittals for each item will be reviewed no more than twice at the City's expense. 30 1) All subsequent reviews will be performed at times convenient to the City and at 31 the Contractor's expense, based on the City's or City Representative's then 32 prevailing rates. 33 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all 34 such fees invoiced by the City. 35 c. The need for more than 1 resubmission or any other delay in obtaining City's 36 review of submittals, will not entitle the Contractor to an extension of Contract 37 Time. 38 7. Partial Submittals 39 a. City reserves the right to not review submittals deemed partial, at the City's 40 discretion. 41 b. Submittals deemed by the City to be not complete will be returned to the 42 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 the 44 Contractor to the areas that are incomplete. 45 8. If the Contractor considers any correction indicated on the shop drawings to constitute a 46 change to the Contract Documents, then written notice must be provided thereof to the 47 Developer at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD GONSTRUCTCON SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised August 30, 2013 00 6125 - 7 DAP PROJECT RECORD DOCUMENTS Page 7 of 8 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor Inay carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be used 9 on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 If specifically required in other Sections of these Specifications, submit a P.E. Certification 12 for each item required. 13 N. Request for Information (RFI) 14 1. Contractor Request for additional information 15 a. Clarification or interpretation of the contract documents 16 b. When the Contractor believes there is a conflict between Contract Documents 17 c. When the Contractor believes there is a conflict between the Drawings and 18 Specifications 19 1) Identify the conflict and request clarification 20 2. Sufficient information shall be attached to permit a written response without further 21 information. 22 D 24 25 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALSANFORMA.TIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 32 loll FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PR07ECTS 101442 Revised August 30, 2013 2 3 L! 5 PART 2 —PRODUCTS [NOT USED] 006125-8 DAP PROJECT RECORD DOCUMENTS 6 PART 3 -EXECUTION [NOT USED) 7 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4,K.8. Working Days modified to Calendar Days CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised August 30, 2013 Wol25-1 DAP PROJECT RECORD DOCUMENTS Page 1 of 1 1 SECTION 013513 2 SPECIAL PROJECT PROCEDURES 3 PART 1-GENERAL 4 1.1 SAY S A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. .Air Pollution Watch Days 11 e. Use of Explosives, Drop 'Weight, Etc. 12 f. Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 1. {Coordination with North Central Texas Council of Governments Clean 19 Construction Specification [remove if not requiredle 20 Be Deviations from this City of Fort Worth Standard Specification 21 1. None. 22 C. Related Specification Sections include, but are not necessarily limited to: 23 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 24 2. Division 1— General Requirements 25 3. Section 33 12 25 — Connection to Existing Water Mains 26 27 1.2 REFERENCES 28 A. Reference Standards 29 l . Reference standards cited in this Specification refer to the current reference standard 30 published at the time of the latest revision date logged at the end of this Specification, 31 unless a date is specifically cited. 32 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High 33 Voltage Overhead Lines. 34 3. North Central Texas Council of Governments (NCTCOG) _ Clean Construction 35 Specification 36 1.3 ADMINISTRATIVE REQUIREMENTS 37 A. Coordination with the Texas Department of Transportation 38 1. When work in the right -of --way which is under the jurisdiction of the Texas Department 39 of Transportation (TxDOT): 40 a. Notify the Texas Department of Transportation prior to commencing any work 41 therein in accordance with the provisions of the permit CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised August, 30, 2013 00 6125 -2 DAP PROJECT RECORD DOCUMENTS Page 2 of 7 1 b. All work performed in the TxDOT right -of --way shall be performed in compliance 2 with and subject to approval from the Texas Department of Transportation 3 B. Work near High Voltage Lines 4 1, Regulatory Requirements 5 a. All Work near High Voltage Lines (more than 600 volts measured between 6 conductors or between a conductor and the ground) shall be in accordance with 7 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 8 2. Warning sign 9 a. Provide sign of sufficient size meeting all OSHA requirements. 10 3. Equipment operating within 10 feet of high voltage lines will require the following 11 safety features 12 a. Insulating cage4ype of guard about the boom or arm 13 b. Insulator links on the lift hook connections for back hoes or dippers 14 c. Equipment must meet the safety requirements as set forth by OSHA and the safety 15 requirements of the owner of the high voltage lines 16 4. Work within 6 feet of high voltage electric lines 17 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 record 20 action taken in each case. 21 b. Coordination with power company 22 1) After notification coordinate with the power company to: D a) Erect temporary mechanical barriers, de -energize the lines, or raise or lower 24 the lines 25 c. No personnel may work within 6 feet of a high voltage line before the above 26 requirements have been met. 27 C. Confined Space Entry Program 28 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA 29 requirements. 30 2. Confined Spaces include: 31 a. Manholes 32 b. All other confined spaces in accordance with OSHA's Permit Required for 33 Confined Spaces 34 D. Use of Explosives, Drop Weight, Etc. 35 1. When Contract Documents permit on the project the following will apply: 36 a. Public Notification 37 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior 38 to commencing. 39 2) Minimum 24 hour public notification in accordance with Section 0131 13 40 E. Water Department Coordination 41 12 1. During the construction of this project, it will be necessary to deactivate, for a 43 period of time, existing lines. The Contractor shall be required to coordinate with 44 the Water Department to determine the best times for deactivating and activating 45 those lines. CPI'Y OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECLFICA"I'lON DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised August, 30, 2013 006125 -3 DAP PROJECT RECORD DOCUMENTS Page 3 of 1 1 2. Coordinate any event that will require connecting to or the operation of an existing 2 City water line system with the City's representative. 3 a. Coordination shall be in accordance with Section 33 12 25. 4 b. If needed, obtain a hydrant water meter from the Water Department for use 5 during the life of named project. 6 c. In the event that a water valve on an existing live system be turned off and 7 on to accommodate the construction of the project is required, coordinate 8 this activity through the appropriate City representative. 9 1) Do not operate water line valves of existing water system. 10 a) Failure to comply will render the Contractor in violation of Texas 11 Penal Code Title 7, Chapter 28.03 (Criminal Mischief) and the 12 Contractor will be prosecuted to the full extent of the law. 13 b) In addition, the Contractor will assume all liabilities and 14 responsibilities as a result of these actions. 15 F. Public Notification Prior to Beginning Construction 16 1. Prior to beginning constriction on any block in the project, on a block by block 17 basis, prepare and deliver a notice or flyer of the pending construction to the front 18 door of each residence or business that will be impacted by construction. The notice 19 shall be prepared as follows: 20 a. Post notice or flyer 7 days prior to beginning any construction activity on each 21 block in the project area. 22 1) Prepare flyer on the Contractor's letterhead and include the following 23 information: 24 a) Name of Project 25 b) City Project No (CPN) 26 c) Scope of Project (i.e. type of construction activity) 27 d) Actual construction duration within the block 28 e) Name of the contractor's foreman and phone number 29 f) Name of the City's inspector and phone number 30 g) City's after-hours phone number 31 2) A sample of the `pre -construction notification' flyer is attached as Exhibit A. 32 3) Submit schedule showing the construction start and finish time for each block 33 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 is delivered to 36 all residents of the block. 37 G. Public Notification of Temporary Water Service Interruption during Construction 38 1. In the event it becomes necessary to temporarily shut down water service to 39 residents or businesses during construction, prepare and deliver a notice or flyer of 40 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 temporary 43 interruption. 44 b. Prepare flyer on the contractor's letterhead and include the following information: 45 1) Name of the project 46 2) City Project Number 47 3) Date of the interruption of service 48 4) Period the interruption will take place CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised August, 30, 2013 00 6125 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 Oil 1 5) Name of the contractor's foreman and phone number 2 6) Name of the City's inspector and phone number 3 c. A sample of the temporary water service interruption notification is attached as 4 Exhibit B. 5 d. Deliver a copy of the temporary interruption notification to the City inspector for 6 review prior to being distributed. 7 e. No interruption of water service can occur until the flyer has been delivered to all 8 affected residents and businesses. 9 f. Electronic versions of the sample flyers can be obtained from the Project 10 Construction Inspector. 11 H. Coordination with United States Army Corps of Engineers (USACE) 12 1. At locations in the Project where construction activities occur in areas where USACE 13 permits are required, meet all requirements set forth in each designated permit. 14 1. Coordination within Railroad Permit Areas 15 1. At locations in the project where construction activities occur in areas where railroad 16 permits are required, meet all requirements set forth in each designated railroad permit. 17 This includes, but is not limited to, provisions for: 18 a. Flagmen 19 b. Inspectors 20 c. Safety training 21 d. Additional insurance 22 e. Insurance certificates 23 f. Other employees required to protect the right-of4ay and property of the Railroad 24 Company from damage arising out of and/or from the construction of the project. 25 Proper utility clearance procedures shall be used in accordance with the permit 26 guidelines. 27 2. Obtain any supplemental information needed to comply with the railroad's 28 requirements. 29 J. Dust Control 30 1. Use acceptable measures to control dust at the Site. 31 a. If water is used to control dust, capture and properly dispose of waste water. 32 b. If wet saw cutting is performed, capture and properly dispose of slurry. 33 K. Employee Parking 34 1. Provide parking for employees at locations approved by the City. 35 L. {Coordination with North Central Texas Council of Governments (NCTCOG) Clean 36 Construction Specification [if required for the project] 37 1. Comply with equipment, operational, reporting and enforcement requirements set forth 38 in NCTCOG's Clean Construction Specification.) CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised August, 30, 2013 1 2 3 4 5 5 7 8 9 10 11 12 13 006125-J DAP PROJECT RECORD DOCUMENTS Page 5 of 1 1A SUBMITTALS [NOT USED] 1.S ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.6 CLOSEOUT SUBMITTALS [NOT USED] 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.8 QUALITY ASSITRANCE [NOT USED] 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.10 FIELD [SITE] CONDITIONS [NOT USED] 1.11 WARRANTY [NOT USED] PART 2 -PRODUCTS [NOT USED] PART 3 -EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.3.B —Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines, CITY OF FORT WORTH Cattoway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised August, 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 006125 - 6 DAP PROJECT RECORD DOCUMENTS �011: (To be printed on Contractor's Letterhead) Date: CPN No,: Project Name: Mapsco Location: Limits of Construction: Page b of 1 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> IN Mr. <C1TY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP TH/S FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised August, 30, 2013 3 C! bate: INTERRUPTION 00 61 25 - 7 DAP PROJECT RECORD DOCUMENTS DUE TO UTII,I1'Y IMPROVEMENTS IN YOUR NIEIGIIBORHOOD, YOUR WATER SERYICE'4VILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND iFYOU RAVE QUESTIONS ABOUT TIIIS SHUT -OUT, PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPIiONE NUMBER) in Mx. AT (CITY INSPECTOR) (TELEPiiONE NUMBER) THIS INCONVENIENCE'VVILL BE AS SIIORT AS POSSIBLE. TkIANIC YOU, CONTRACTOR Page 7 Oil CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised August, 30, 2013 006125-1 DAP PROJECT RECORD DOCUMENTS Page I of 2 1 SECTION 0145 23 2 TESTING AND INSPECTION SERVICES 3 PART 1-GENERAL 4 1.1 SUIVIMARY 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1— General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 a. Contractor is responsible for performing, coordinating, and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails, the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City, notify City, sufficiently 31 in advance, when testing is needed. 32 b. When testing is required to be completed by the Contractor, notify City, 33 sufficiently in advance, that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's Buzzsaw site, or another form of distribution approved 38 by the City. 39 40 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised August 30, 2013 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 00 6125 -2 DAP PROJECT RECORD DOCUMENTS Page 2 of 2 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representative wish trip tickets for each delivered load of Concrete or Lime material including the following information. a. Name of pit b. Date of delivery e. Material delivered B. Inspection 1. inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBNIITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 -PRODUCTS [NOT USED] PART 3 -EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised August 30, 2013 006125-I DAP PROJECT RECORD DOCUMENTS Page 1 of 4 1 SECTION 0150 00 24 TEMPORARY FACILITIES AND CONTROLS 3 PART 1-GENERAL 4 1.1 SAY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including, but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1, Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1— General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 L4 ADMINISTRATIVE REQUIREMENTS 24 A. Temporary Utilities 25 1. Obtaining Temporary Service 26 a. Make arrangements with utility service companies for temporary services. 27 b. Abide by rules and regulations of utility service companies or authorities 28 having jurisdiction. 29 c. Be responsible for utility service costs until Work is approved for Final 30 Acceptance, 31 1) Included are fuel, power, light, heat and other utility services necessary for 32 execution, completion, testing and initial operation of Work. 33 2. Water 34 a. Contractor to provide water required for and in connection with Work to be 35 performed and for specified tests of piping, equipment, devices or other use as 36 required for the completion of the Work. 37 b. Provide and maintain adequate supply of potable water for domestic 38 consumption by Contractor personnel and City's Project Representatives. 39 c. Coordination 40 1) Contact City 1 week before water for construction is desired 41 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised JULY 1, 2011 006125-2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 1 (L Contractor Payment for Construction Water 2 1) Obtain construction water meter from City for payment as billed by City's 3 established rates. 4 3. Electricity and Lighting 5 a. Provide and pay for electric powered service as required for Work, including 6 testing of Work. 7 Provide power for lighting, operation of equipment, or other use. 8 b. Electric power service includes temporary power service or generator to 9 maintain operations during scheduled shutdown. 10 4. Telephone 11 a. Provide emergency telephone service at Site for use by Contractor personnel 12 and others performing work or furnishing services at Site. 13 5. Temporary Heat and Ventilation 14 a. Provide temporary heat as necessary for protection or completion of Work. 15 b. Provide temporary heat and ventilation to assure safe working conditions. 16 B. Sanitary Facilities 17 1. Provide and maintain sanitary facilities for persons on Site. 18 a. Comply with regulations of State and local departments of health. 19 2. Enforce use of sanitary facilities by construction personnel at job site. 20 a. Enclose and anchor sanitary facilities. 21 b. No discharge will be allowed from these facilities. 2.2 c. Collect and store sewage and waste so as not to cause nuisance or health 23 problem. 24 d. Haul sewage and waste off -site at no less than weekly intervals and properly 25 dispose in accordance with applicable regulation. 26 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 27 4. Remove facilities at completion of Project 28 C. Storage Sheds and Buildings 29 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 30 above ground level for materials and equipment susceptible to weather damage. 31 2. Storage of materials not susceptible to weather damage may be on blocks off 32 ground. 33 3. Store materials in a neat and orderly manner. 34 a. Place materials and equipment to permit easy access for identification, 35 inspection and inventory. 36 4. Equip building with lockable doors and lighting, and provide electrical service for 37 equipment space heaters and heating or ventilation as necessary to provide storage 38 environments acceptable to specified manufacturers. 39 5. Fill and grade site for temporary structures to provide drainage away from 40 temporary and existing buildings. 41 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 E. Dust Control CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised JULY I, 2011 vv0125-3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 1 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on -call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 L9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 -PRODUCTS [NOT USED] 17 PART 3 -EXECUTION [NOT USED] 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAMINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 INSTALLATION 22 A. Temporary Facilities 23 1. Maintain all temporary facilities for duration of construction activities as needed. 24 3.5 [REPAIR] / [RESTORATION] 25 3.6 REINSTALLATION 26 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 27 308 SYSTEM STARTUP [NOT USED] 28 19 ADJUSTING [NOT USED] 29 3.10 CLEANING [NOT USED] 30 3.11 CLOSEOUT ACTIVITIES 31 A. Temporary Facilities 32 33 34 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised J1JI.Y 1, 2011 00 6125 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 1 1. Remove all temporary facilities and restore area after completion of the Work, 2 to a condition equal to or better than prior to start of Work. 3 3.12 PROTECTION [NOT USED] 4 3.13 MAINTENANCE [NOT USED] 5 3.14 ATTACHMENTS [NOT USED] 0 7 END OF SECTION Revision Log DATE NAME SUIMMARY OF CHANGE CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised Ji1L.Y 1, 2011 006125-I DAP PROJECT RECORD DOCUMENTS Page I of 3 1 SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART 1-GENERAL 4 1.1 SUIYIlV7CARY 5 A. Section Includes; 5 1. Administrative procedures for; 7 a. Street Use Permit 8 b. Modification of approved traffic control 9 C. Removal of Street Signs Deviations from this City of Fort Worth Standard Specification 11 1, None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1- General Requirements 15 3. Section 34 7113 —Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 , published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). M 1.4 ADiYIINISTRATNE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings, provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings, prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit Prior to installation of Traffic Control, a City Street Use Permit is required. 37 a. To obtain Street Use Permit, submit Traffic Control Plans to City 3 8 Transportation and Public Works Department. 39 40 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS ]01442 Revised July i, 2011 00 61 25 -2 DAP PROJECT RECORD DOCUMENTS Page 2 of 3 1 2 1) Allow a minimum of 5 working days for permit review. 3 2) Contractor's responsibility to coordinate review of Traffic Control plans for 4 Street Use Permit, such that construction is not delayed. 5 C. Modification to Approved Traffic Control 6 1. Prior to installation traffic control: 7 a. Submit revised traffic control plans to City Department Transportation and 8 Public Works Department. 9 1) Revise Traffic Control plans in accordance with Section 34 71 13. 10 2) Allow minimum 5 working days for review of revised Traffic Control. 11 3) It is the Contractor's responsibility to coordinate review of Traffic Control 12 plans for Street Use Permit, such that construction is not delayed. 13 D. Removal of Street Sign 14 1. If it is determined that a street sign must be removed for construction, then contact 15 City Transportation and Public Works Department, Signs and Markings Division to 16 remove the sign. 17 E. Temporary Signage 18 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 19 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 20 Devices (MUTCD). 21 2. Install temporary sign before the removal of permanent sign. 22 3. When construction is complete, to the extent that the permanent sign can be 23 reinstalled, contact the City Transportation and Public Works Department, Signs 24 and Markings Division, to reinstall the permanent sign. 25 F. Traffic Control Standards 26 1. Traffic Control Standards can be found on the City's Buzzsaw website. 27 1.5 SUBMITTALS [NOT USED] 28 1.6 ACTION SUBMITTA.LSIINFORMATIONAL SUBMITTALS [NOT USED] 29 13 CLOSEOUT SUBMITTALS [NOT USED] 30 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 31 1.9 QUALITY ASSURANCE [NOT USED] 32 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 33 Jail FIELD [SITE] CONDITIONS [NOT USED] 34 1.12 WARRANTY [NOT USED] 35 PART 2 -PRODUCTS [NOT USED] 36 PART 3 -EXECUTION [NOT USED] 37 END OF SECTION CITY OF PORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised July 1, 2011 00 6125 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 3 Revision Log DATE NAME SL N 4ARY OF CHANGE CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AW:IRDED PROJECTS 101412 Revised July 1, 2011 00 6125 • 1 DAP PROJECT RECORD DOCUMENTS Page I of 3 1 SECTION 015713 2 STORM WATER POLLUTION PREVENTION 4 1.1 SUIVIMARY 5 A. Section Includes: 6 1. Procedures for Storm Water Pollution Prevention Plans 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the 11 Contract 12 2. Division 1— General Requirements 13 3. Section 3125 00 — Erosion and Sediment Control 14 1.2 PRICE .AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1, Construction Activities resulting in less than 1 acre of disturbance 17 A. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than 1 acre of disturbance 20 Measurement and Payment shall be in accordance with Section 3125 00. 21 1.3 REFERENCES 22 A. Abbreviations and Acronyms 23 1. Notice of Intent: NOI 24 2. Notice of Termination: NOT 25 3. Storm Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change: NOC 28 B. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification, unless a date is specifically cited. 32 2. Integrated Storm Management (iSWM) Technical Manual for Construction 33 Controls 34 1.4 ADMINISTRATNE REQUIREMENTS 35 A. General 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Stormwater Pollution Prevention Plan. 38 CITX OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECiF1CAT'ION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised July 1, 2011 006125 -2 DAP PROJECT RECORD DOCUMENTS Page 2 of 3 1 a Construction Activities resulting 2 1. Less than 1 acre of disturbance 3 a. Provide erosion and sediment control in accordance with Section 3125 00 and 4 Drawings, less than 5 acres of disturbance 6 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 7 Permit is required 8 b. Complete SWPPP in accordance with TCEQ requirements 9 1) TCEQ Small Construction Site Notice Required under general permit 10 TXR150000 11 a) Sign and post at job site 12 b) Prior to Preconstruction Meeting, send 1 copy to City Department of 13 Transportation and Public Works, Environmental Division, (817) 392- 14 6088, 15 2) Provide erosion and sediment control in accordance with: 16 a) Section 3125 00 17 b) The Drawings 18 c) TXR150000 General Permit 19 d) SWPPP 20 e) TCEQ requirements 21 3. 5 acres or more of Disturbance 22 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 23 Permit is required 24 b. Complete SWPPP in accordance with TCEQ requirements 25 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 26 a) Sign and post at job site 27 b) Send copy to City Department of Transportation and Public Works, 28 Environmental Division, (817) 392-6088. N 2) 'TCEQ Notice of Change required if making changes or updates to NOI 30 3) Provide erosion and sediment control in accordance with: 31 a) Section 3125 00 32 b) The Drawings 33 e) TXR150000 General Permit 34 d) SWPPP 35 e) TCEQ requirements 36 4) Once the project has been completed and all the closeout requirements of 37 TCEQ have been met a TCEQ Notice of Termination can be submitted. 38 a) Send copy to City Department of Transportation and Public Works, 39 Environmental Division, (817) 392-6088. 40 1.5 SUSNIITTALS 41 A. SWPPP 42 1. Submit in accordance with Section O1 33 00, except as stated herein. 43 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 44 as follows: 45 1) 1 copy to the City Project Manager 46 a) City Project Manager will forward to the City Department of 47 Transportation and Public Works, Environmental Division for review 48 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 006125-3 DAP PROJECT RECORD DOCUMENTS Page 3 of 3 B. Madilled SWPPP I, Ifthe SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 0133 00. 1.6 ACTION SUBNIITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - -PRODUCTS [NOT USED] PART 3 -EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CPTY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS I01442 Revised July 1, 2011 00 6125 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 2 1 SECTION 0160 00 2 PRODUCT REQUIREMENTS 4 1.1 SUIVIlVIARY 5 A. Section Includes: 6 1. References for Product Requirements and City Standard Products List 7 B. Deviations from this City of Fort Worth Standard Specification 8 1, None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1— General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is located on Buzzsaw as follows: 16 1. Resources\02 - Construction Documents\Standard Products List 17 B. Only products specifically included on City's Standard Product List in these Contract 18 Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon specific 20 approval by the City. 21 C. Any specific product requirements i11 the Contract Documents supersede similar 22 products included on the CAy's Standard Product List. 23 The City reserves the right to not allow products to be used for certain projects even 24 though the product is listed on the City's Standard Product List. 25 D. Although a specific product is included on City's Standard Product List, not all 26 products from that manufacturer are approved for use, including but not limited to, that 27 manufacturer's standard product. 28 E. See Section 01 33 00 for submittal requirements of Product Data included on City's 29 Standard Product List. 30 1.5 SUBMITTALS [NOT USED] 31 L6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USE, 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] 35 36 CITY OF FORT WORTH CalloFvay Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised Apri17, 2014 006125-2 DAP PROJECT RECORD DOCUMENTS Page 2 of 2 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 -PRODUCTS [NOT USED] 5 PART 3 -EXECUTION [NOT USED] 0 7 `3 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City's Standard Product List 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 1Ot442 Revised April 7, 2014 016600-1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 1 SECTION 01 66 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 4 1.x sUlvrn�rARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1— General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS [NOT USED] D 1.6 ACTION SUBNIITTALS/INFORMA.TIONAL SUBMITTALS [NOT USED] 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY AND HANDLING 28 A. Delivery Requirements 29 1. Schedule delivery of products or equipment as required to allow timely installation 30 and to avoid prolonged storage. 31 2. Provide appropriate personnel and equipment to receive deliveries. 32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. 34 35 36 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised April 7, 2014 O16600-2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 1 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully mark and identify as to manufacturer, item and installation 5 location. 6 6. Provide manufacturer's instructions for storage and handling. 7 B. Handling Requirements 8 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 C. Storage Requirements 11 1. Store materials in accordance with manufacturer's recommendations and 12 requirements of these Specifications. 13 2. Make necessary provisions for safe storage of materials and equipment. 14 a. Place loose soil materials and materials to be incorporated into Work to prevent 15 damage to any part of Work or existing facilities and to maintain free access at 16 all times to all parts of Work and to utility service company installations in 17 vicinity of Work. 18 3. Keep materials and equipment neatly and compactly stored in locations that will 19 cause minimum inconvenience to other contractors, public travel, adjoining owners, 20 tenants and occupants. 21 a. Arrange storage to provide easy access for inspection. 22 4. Restrict storage to areas available on construction site for storage of material and 23 equipment as shown on Drawings, or approved by City's Project Representative. M 5. Provide off -site storage and protection when on -site storage is not adequate. 25 a. Provide addresses of and access to off -site storage locations for inspection by 26 City's Project Representative. 27 6. Do not use lawns, grass plots or other private property for storage purposes without 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers' unopened containers. 30 8. Neatly, safely and compactly stack materials delivered and stored along line of 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet from fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 35 satisfaction of City's Project Representative. 36 a. Total length which materials may be distributed along route of construction at 37 one time is 1,000 linear feet, unless otherwise approved in writing by City's 38 Project Representative. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIF[CATION DOCIJIvi1;Nt'S —DEVELOPER AWARDED PROJECTS 101442 Revised April 7, 2014 0166 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 -PRODUCTS [NOT USED] 4 PART 3 -EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 ERECTION [NOT USED] 9 3.5 REPAIR / RESTORATION [NOT USED] 10 3.6 RE -INSTALLATION [NOT USED] 11 3.7 FIELD [oR] SITE QUALITY CONTROL 12 A. Tests and Inspections 13 1, Inspect all products or equipment delivered to the site prior to unloading. 14 B. Non -Conforming Work 15 1. Reject all products or equipment that are damaged, used or 'many other way 16 unsatisfactory for use on the project. 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION 22 A. Protect all products or equipment in accordance with manufacturer's written directions. D B. Store products or equipment in location to avoid physical damage to items while in 24 storage. 25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 26 the manufacturer. 27 3.13 MAINTENANCE [NOT USED] 28 3.14 ATTACHMENTS [NOT USED] 29 END OF SECTION 31 32 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCiJMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised Apri17, 2014 2 010000-4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised April 7, 2014 0174All -1 DAP CLEANING Page 1 of 4 1 SECTION 01 74 23 2 CLEANING 3 PART 1-GENERAL 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specked elsewhere 8 B. Deviations from this City of Fort Worth Standard Specification 9 1, None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2, Division 1— General Requirements 13 3. Section 32 9213 —Hydro-Mulching, Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1A ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USE, 28 1.8 MAINTENANCE MATERIAL, SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 STORAGE, AND HANDLING 31 A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised Apri17, 2014 0174 23 -.4 DAP CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS till USED] 2 1.12 WARRANTY [NOT USED] 3 PART2-PRODUCTS 4 2.1 OWNER -FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3 - EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 REINSTALLATION [NOT USED] 20 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING A A. General 25 1. Prevent accumulation of wastes that create hazardous conditions. 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thumer in 29 storm or sanitary drains or sewers. 30 4. Dispose of degradable debris at an approved solid waste disposal site. 31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 32 alternate manner approved by City and regulatory agencies. 33 34 35 36 CITY OF FORT WORTH Callotivay Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised April 7, 2014 0174 23 ".3 DAP CLEANING Page 3 of 4 1 6. Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 3 this project. 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on -site. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health, safety or convenience of 11 personnel in existing facility operations. 12 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 13 3. Confine construction debris daily in strategically located container(s). 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 C. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 19 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 20 may become airborne or transported by flowing water during the storm. 21 C. Exterior (Site or Right of Way) Final Cleaning 22 1. Remove trash and debris containers from site. 23 a. Re -seed areas disturbed by location of trash and debris containers in accordance 24 with Section 32 92 13. 25 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 26 that may hinder or disrupt the flow of traffic along the roadway. 27 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 28 junction boxes and inlets. 29 4. If no longer required for maintenance of erosion facilities, and upon approval by 30 City, remove erosion control from site. 31 Clean signs, lights, signals, etc. 32 3.11 CLOSEOUT ACTIVITIES [NOT USED] 33 3.12 PROTECTION [NOT USED] 34 3.13 MAINTENANCE [NOT USE, 35 3.14 ATTACHMENTS [NOT USED] 36 37 38 39 40 CITY OF FORT WORTH Cplloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Re�ised Apri17, 2014 2 3 Ol 1423-4 DAP CLEANING Page 4 of 4 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCU[v1ENTS —DEVELOPER AWARDED PROJECTS 101442 Revised April 7, 2014 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 1 SECTION O1 7719 2 CLOSEOUT REQUIRENIENTS 3 PART 1-GENERAL 4 1.1 SUNIlVJCA RY 5 A. Section Includes: 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Spec cation Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 1. Division 1— General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Guarantees, Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised April 7, 2014 017719-2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PAT 2 -PRODUCTS [NOT USED] 4 PART 3 -EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAIVIINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section 0178 39 11 2. Operation and Maintenance Data, if required, in accordance with Section 0178 23 12 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 13 01 74 23. 14 C. Finallnspection 15 1. After final cleaning, provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection, the City will notify the Contractor, in 19 writing within 10 business days, of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City, immediately undertake the Work i 22 required to remedy deficiencies and complete the Work to the satisfacton of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice, inform the City, that the required Work has been completed. Upon receipt 26 of this notice, the City, in the presence of the Contractor, will make a subsequent 27 Final Inspection of the project. 28 4. Provide all special accessories required to place each item of equipment in full 29 operation. These special accessory items include, but are not limited to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up of all chemical tanks and fuel tanks 33 d. Light bulbs 34 e. Fuses 35 f. Vault keys 36 g. Handwhcels 37 h. Other expendable items as required for initial start-up and operation of all 38 equipment 39 D. Notice of Project Completion CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised April 7, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WJ 017719-3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 l . Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation I . Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor's Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR /RESTORATION [NOT USED] 3.6 RE4INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.S SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3A0 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised Apri17, 2014 017623-I DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 1 SECTION 0178 23 2 OPERATION AND MAINTENANCE DATA 3 PART 1-GENERAL 4 1.1 s�Y 5 A. Section Includes: 6 1. Product data and related information appropriate for City's maintenance and 7 operation of products fumished under Contract 8 2. Such products may include, but are not limited to: 9 a. Traffic Controllers 10 b. Irrigation Controllers (to be operated by the City) 11 C. Butterfly Valves 12 B. Deviations from this City of Fort Worth Standard Specification 13 1, None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2, Division 1— General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Schedule 24 1. Submit manuals in final form to the City within 30 calendar days of product 25 shipment to the project site. 26 1.5 SUBMITTALS 27 A. Submittals shall be in accordance with Section 0133 00. All submittals shall be 28 approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 A. Submittal Form 31 1. Prepare data in form of an instructional manual for use by City personnel. 32 2. Format 33 a. Size: 8 1/2 inches x 11 inches 34 b. Paper 35 1) 40 pound minimum, white, for typed pages 36 2) Holes reinforced with plastic, cloth or metal 37 c. Text: Manufacturer's printed data, or neatly typewritten 38 39 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUIviEN'I'S —DEVELOPER AWARDED PROJECTS 101442 Revised Aprit 7, 2014 0178 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 1 d. Drawings 2 1) Provide reinforced punched binder tab, bind in with text 3 2) Reduce larger drawings and fold to size of text pages. 4 e. Provide fly -leaf for each separate product, or each piece of operating 5 equipment. 6 1) Provide typed description of product, and major component parts of 7 equipment. 8 2) Provide indexed tabs. 9 f. Cover 10 1) Identify each volume with typed or printed title "OPERATING AND 11 MAINTENANCE INSTRUCTIONS". 12 2) List: 13 a) Title of Project 14 b) Identity of separate structure as applicable 15 c) Identity of general subject matter covered in the manual 16 3. Binders 17 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 18 b. When multiple binders are used, correlate the data into related consistent 19 groupings. 20 4. If available, provide an electronic form of the O&M Manual. 21 B. Manual Content 22 1. Neatly typewritten table of contents for each volume, arranged in systematic order 23 a. Contractor, name of responsible principal, address and telephone number 24 b. A list of each product required to be included, indexed to content of the volume 25 c. List, with each product: 26 1) The name, address and telephone number of the subcontractor or installer 27 2) A list of each product required to be included, indexed to content of the 28 volume 29 3) Identify area of responsibility of each 30 4) Local source of supply for parts and replacement 31 d. Identify each product by product name and other identifying symbols as set 32 forth in Contract Documents. 33 2. Product Data 34 a. Include only those sheets which are pertinent to the specific product. 35 b. Annotate each sheet to: 36 1) Clearly identify specific product or part installed 37 2) Clearly identify data applicable to installation 38 3) Delete references to inapplicable information 3 9 3. Drawings 40 a. Supplement product data with drawings as necessary to clearly illustrate: 41 1) Relations of component parts of equipment and systems 42 2) Control and flow diagrams 43 b. Coordinate drawings with information in Project Record Documents to assure 44 correct illustration of completed installation. 45 c. Do not use Project Record Drawings as maintenance drawings. 46 4. Written text, as required to supplement product data for the particular installation: 47 a. Organize in consistent format under separate headings for different procedures. 48 b. Provide logical sequence of instructions of each procedure. CITY OF PORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised Apri17, 2014 0178 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 OLD 1 5. Copy of each warranty, bond and service contract issued 2 a. Provide information sheet for City personnel giving: 3 1) Proper procedures in event of failure 4 2) Instances which might affect validity of warranties or bonds 5 C. Manual for Materials and Finishes 6 1. Submit 5 copies of complete manual in final form. 7 2. Content, for architectural products, applied materials and finishes: 8 a. Manufacturer's data, giving full information on products 9 1) Catalog number, size, composition 10 2) Color and texture designations 11 3) Information required for reordering special manufactured products 12 b. Instructions for care and maintenance 13 1) Manufacturer's recommendation for types of cleaning agents and methods 14 2) Cautions against cleaning agents and methods which are detrimental to 15 product 16 3) Recommended schedule for cleaning and maintenance 17 3. Content, for moisture protection and weather exposure products: 18 a. Manufacturer's data, giving full information on products 19 1) Applicable standards 20 2) Chemical composition 21 3) Details of installation 22 b. Instructions for inspection, maintenance and repair 23 D. Manual for Equipment and Systems 24 1. Submit 5 copies of complete manual in final form. 25 2. Content, for each unit of equipment and system, as appropriate: 26 a. Description of unit and component parts 27 1) Function, normal operating characteristics and limiting conditions 28 2) Performance curves, engineering data and tests 29 3) Complete nomenclature and commercial number of replaceable parts 30 b. Operating procedures 31 1) Start-up, break-in, routine and normal operating instructions 32 2) Regulation, control, stopping, shut -down and emergency instructions 33 3) Summer and winter operating instructions 34 4) Special operating instructions 35 c. Maintenance procedures 36 1) Routine operations 37 2) Guide to "trouble shooting" 38 3) Disassembly, repair and reassembly 39 4) Alignment, adjusting and checking 40 d. Servicing and lubrication schedule 41 1) List of lubricants required 42 e. Manufacturer's printed operating and maintenance instructions 43 f. Description of sequence of operation by control manufacturer 44 1) Predicted life of parts subject to wear 45 2) Items recommended to be stocked as spare parts 46 g. As installed control diagrams by controls manufacturer 47 h. Each contractor's coordination drawings 48 1) As installed color coded piping diagrams CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECiFICATiON DOCUMENTS —DEVELOPER AWARDED PROTECTS 101442 Revised April 7, 2014 0178 23 -4 DAP OPERATION AND MAINTENANCE DATA Page 4 of S 1 i. Charts of valve tag numbers, with location and function of each valve 2 j. List of original manufacturer's spare parts, manufacturer's current prices, and 3 recommended quantities to be maintained in storage 4 k. Other data as required under pertinent Sections of Specifications 5 3. Content, for each electric and electronic system, as appropriate: 6 a. Description of system and component parts 7 1) Function, normal operating characteristics, and limiting conditions 8 2) Performance curves, engineering data and tests 9 3) Complete nomenclature and commercial number of replaceable parts 10 b. Circuit directories of panelboards 11 1) Electrical service 12 2) Controls 13 3) Communications 14 c. As installed color coded wiring diagrams 15 d. Operating procedures 16 1) Routine and normal operating instructions 17 2) Sequences required 18 3) Special operating instructions 19 e. Maintenance procedures 20 1) Routine operations 21 2) Guide to "trouble shooting" 22 3) Disassembly, repair and reassembly 23 4) Adjustment and checking 24 f. Manufacturer's printed operating and maintenance instructions 25 g. List of original manufacturer's spare parts, manufacturer's current prices, and 26 recommended quantities to be maintained in storage 27 h. Other data as required under pertinent Sections of Specifications 28 4. Prepare and include additional data when the need for such data becomes apparent 29 during instruction of City's personnel. 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 1. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required drawings 37 CITY OF FORT WORTH Callotivay Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised April 7, 2014 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 loll FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 -PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 0 7 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1. 5.A. 1 —title of section removed 4/7/2014 M.Domenech Revised for DAP Application CPI'Y OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised Apri17, 20I4 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 1 SECTION 0178 39 2 PROJECT RECORD DOCUMENTS 3 PART 1-GENERAL 4 1.1 SI;fPvIlYIARY 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes to project 7 documents, including. 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to. 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2, Division 1— General Requirements 17 1.3 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 25 City's Project Representative. 26 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 L8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 30 A. Accuracy of Records 31 1. Thoroughly coordinate changes within the Record Documents, making adequate 32 and proper entries on each page of Specifications and each sheet of Drawings and 33 other Documents where such entry is required to show the change properly. 34 2. Accuracy of records shall be such that future search for items shown in the Contract 35 Documents may rely reasonably on information obtained from the approved Project 36 Record Documents. 37 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised Apri17, 2014 017839-2 DRP PROJECT RECORD DOCUMENTS Page 2 of 4 1 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 2 information that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work, both concealed and 4 visible, to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement, investigation and examination. 6 1.10 STORAGE AND HANDLING 7 A. Storage and Handling Requirements 8 1. Maintain the job set of Record Documents completely protected from deterioration 9 and from loss and damage until completion of the Work and transfer of all recorded 10 data to the final Project Record Documents. 11 2. In the event of loss of recorded data, use means necessary to again secure the data 12 to the City's approval. 13 a. In such case, provide replacements to the standards originally required by the 14 Contract Documents. 15 loll FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2 -PRODUCTS 18 2.1 OWNER -FURNISHED [oR] OWNER -SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A. Job set N 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 22 charge to the Contractor, 1 complete set of all Documents comprising the Contract. D B. Final Record Documents 24 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 25 the City 1 complete set of all Final Record Drawings in the Contract. 26 2.3 ACCESSORIES [NOT USED] 27 2A SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 -EXECUTION 29 3.1 2 3 34 35 36 37 38 INSTALLERS OT USED] EXAIYIINATION [NOT USED] PREPARATION [NOT USED] MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS -JOB SET". 3 CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised Apri17, 2014 017639-3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 1 2. Preservation 2 a. Considering the Contract completion time, the probable number of occasions 3 upon which the job set must be taken out for new entries and for examination, 4 and the conditions under which these activities will be performed, devise a 5 suitable method for protecting the job set. 6 b. Do not use the job set for any purpose except entry of new data and for review 7 by the City, until start of transfer of data to final Project Record Documents. 8 c. Maintain the job set at the site of work. 9 3. Coordination with Construction Survey 10 a. At a minimum clearly mark any deviations from Contract Documents 11 associated with installation of the infrastructure. 12 4. Making entries on Drawings 13 a. Record any deviations from Contract Documents. 14 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 15 change by graphic line and note as required. 16 c. Date all entries. 17 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 18 e. In the event of overlapping changes, use different colors for the overlapping 19 changes. 20 5. Conversion of schematic layouts 21 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 22 ducts, and similar items, are shown schematically and are not intended to 23 portray precise physical layout. 24 1) Final physical arrangement is determined by the Contractor, subject to the 25 City's approval. 26 2) However, design of future modifications of the facility may require 27 accurate information as to the final physical layout of items which are 28 shown only schematically on the Drawings. 29 b. Show on the job set of Record Drawings, by dimension accurate to within 1 30 inch, the centerline of each run of items. 31 1) Final physical arrangement is determined by the Contractor, subject to the 32 City's approval. 33 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 34 ceiling plenum", "exposed", and the like). 35 3) Make all identification sufficiently descriptive that it may be related 36 reliably to the Specifications. 37 c. The City may waive the requirements for conversion of schematic layouts 38 where, in the City's judgment, conversion serves no useful purpose. However, 39 do not rely upon waivers being issued except as specifically issued in writing 40 by the City. 41 B. Final Project Record Documents 42 1. Transfer of data to Drawings 43 a. Carefully transfer change data shown on the job set of Record Drawings to the 44 corresponding final documents, coordinating the changes as required. 45 b. Clearly indicate at each affected detail and other Drawing a full description of 46 changes made during construction, and the actual location of items. 47 c. Call attention to each entry by drawing a "cloud" around the area or areas 48 affected. CITY OF FORT WORTH Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVEIAPER AWARDED PROJECTS 101442 Revised April 7, 2014 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I7d� 25 017839-4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / R.ESTOR.A.TION [NOT USED] 3.6 REJNSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application CITY OF FORT WORTI-I Calloway Cemetery Road THE Railroad Crossing STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 101442 Revised April 7, 2014 AGREEMENT rd THIS AGREEMENT (this "Agreement") is made effective as of the Z day of 2016 (the "Effective Date"), by and among the Viridian Municipal Wanagenient District a special district created under the Texas Constitution ("Viridian District"), Viridian Holdings LP, a Delaware limited partnership ("Viridian Developer"), the Fort Worth Transportation Authority ("FWTA"), and Dallas Area Rapid Transit ("DART"). Viridian District and Viridian Developer are sometimes collectively referred to herein as the "Viridian Parties"). Viridian District, Viridian Developer, FWTA, and DART are each a "Tantym" and may sometimes collectively be referred to herein as the "Parties". KECITALS A. Viridian Developer, and/or an affiliate of Viridian Developer, is the owner and developer of the master planned community located in Tarrant County, Texas known as "Viridian" (the "Viridian Property"). B. The Viridian Property is located within Viridian District's jurisdiction. C. DART and FWTA jointly operate a commuter rail service under the assumed name of Trinity Railway Express ("TRE"). C. In connection with the development of the Viridian Property, the Parties desire to improve two existing THE grade crossings (collectively, the "Crossings") at (i) Tarrant Main Street (the "Tarrant Main Street Crossing") and (ii) Calloway Cemetery Road (the "Calloway Cemetery Road Crossing')@ all as more particularly depicted in the schematics of the Crossings attached hereto as Exhibit A (the "Crossing Schematics"). NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto hereby agree as follows: 1. Crossing Schematics. The Crossing Schematics are approved by all the Parties. 2. Tarrant Main Street Crossing Improvements. (a) TMSC Road Plans. Viridian District will hire Graham Associates (the "Engineer") to prepare roadway construction plans for the Tarrant Main Street Crossing (the "TMSC Road Plans") showing the road improvements consistent with the Crossing Schematics to be made to the Tarrant Main Street Crossing up to the railroad crossing, and to the extent necessary, relocation of existing utility lines and facilities for such road improvements (the "TMSC Road Improvements"). The preparation of the TMSC Road Plans will be at Viridian Developer's cost. By separate agreement between Viridian District and Viridian Developer, Viridian District shall reimburse Viridian Developer for all costs incurred by Viridian Developer in connection with the TMSC Road Plans. Upon completion by the Engineer, Viridian District will deliver the TMSC Road Plans to THE and, with respect to such portion of the road improvements located within each respective city, the City of Fort Worth ("Fort Worth") and DAL 2425593v.8 the City of Arlington ("Arlington") for their review and approval. The Viridian Parties will diligently remedy any deficiencies identified by TRE, Fort Worth, or Arlington. The TMSC Road Plans must include all elements that, in coordination with the TMSC Track and Signal Plans, are required to establish a "Quiet Zone" at the Tarrant Main Street Crossing. Subject only to delays in such review and approval, the Viridian Parties agree that the TMSC Road Plans will be final and complete within ninety (90) days after the Effective Date. (b) TMSC Track and Signal Plans. THE will cause its approved contractor, Herzog Transit Services, Inc. ("Herzog"), to prepare (i) typical section plans consistent with the Crossing Schematics necessary for track improvements for the Tarrant Main Street Crossing, which shall include typical plans for installation of new railroad crossing panels, subballast and ballast, gates and drainage improvements related thereto, and (ii) plans and specifications for signal improvements and any related electronics or other facilities necessary for track improvements for the Tarrant Main Street Crossing (collectively the "TMSC Track and Signal Plans"). The improvements constructed pursuant to the TMSC Track and Signal Plans will be referred to as the "TMSC Track and Signal Improvements." THE shall submit the TMSC Track and Signal Plans for review and approval by the Engineer and the Viridian Parties, and will diligently remedy any deficiencies identified by the Engineer or the Viridian Parties. The TMSC Track and Signal Plans must include all elements that, in coordination with the TMSC Road Plans, are required to establish a "Quiet Zone" at the Tarrant Main Street Crossing. (c) TMSC Rights and Approvals. The Viridian Parties will use reasonably diligent efforts to obtain all permits and other approvals (collectively, "Approvals") and easements, right -of --ways, and licenses (collectively, "Rights") as may be necessary with respect to the completion of the TMSC Road Improvements. THE shall use reasonably diligent efforts to obtain all Rights and Approvals as may be necessary with respect to the completion of the TMSC Track and Signal Improvements. Each Party hereby agrees to cooperate with the other Parties their respective efforts to obtain all necessary Rights and Approvals. (d) Construction of TMSC Road Improvements. Within sixty (60) days after all necessary Rights and Approvals are obtained, Viridian District will cause the construction of the TMSC Road Improvements to be commenced and diligently pursued to completion substantially in accordance with the TMSC Road Plans. Subject to delays for events of Force Majeure, the TMSC Road Improvements shall be completed not later than one hundred eighty (180) days after a notice to proceed is issued for such work by Viridian District to its contractor. The construction of the TMSC Road Improvements will be at Viridian Developer's cost. By separate agreement between Viridian District and Viridian Developer, Viridian District shall reimburse Viridian Developer for all costs incurred by Viridian Developer in connection with the TMSC Road Improvements. Upon completion of the TMSC Road Improvements, such improvements shall be maintained by Fort Worth for the portion located in Fort Worth and by Arlington for the portion located in Arlington. (e) Construction of TMSC Track and Signal Improvements. Within sixty (60) days following completion of the TMSC Track and Signal Plans (subject to any extensions necessary to obtain all related Rights and Approvals), THE will cause Herzog to commence and diligently pursue to completion the construction of the TMSC Track and Signal Improvements, substantially in accordance with the TMSC Track and Signal Plans, subject to TRE's inspections 2 DAL 2425593v.8 and approvals (which approvals will not be unreasonably withheld or delayed). IRE shall permit FWTA, the Viridian Parties, and the Engineer to inspect the TMSC Track and Signal Improvements from time to time as may be reasonably requested. Subject to delays for events of Force Majeure, the TMSC Track and Signal Improvements shall be completed not later than one" hundred eighty (180) days after a notice to proceed is issued for such work by THE to Herzog. (f) Estimated Costs of Design and Construction of TMSC Track and Signal Improvements. Herzog will design and construct the TMSC Track and Signal Improvements pursuant to its contract with TRE. Herzog's estimate of the total costs to (1) prepare the TMSC Track and Signal Plans and (2) construct the TMSC Track and Signal Improvements under its contract with THE is Five Hundred Forty-one Thousand One Hundred Forty-nine Dollars ($541,149.00). Such amount includes costs to hire flagmen during construction. The Viridian Parties approve such amount. Such amount, as it may be adjusted for change orders for (a) unexpected and unavoidable construction conditions, if any, or (b) delays in completion of the TMSC Track and Signal Improvements, to the extent resulting from Viridian's failure to timely complete the TMSC Road Improvements, will be the "TMSC Track and Signal Cost." The TMSC "Track and Signal Cost will be reimbursed to THE by Viridian, in accordance with and subject to the reimbursement provisions described in subsection 2(g). (g) TMSC Track and Signal Costs Reimbursement. Upon completion of the TMSC Track and Signal Improvements, Viridian District will reimburse THE within thirty (30) days of written submittal for the costs incurred by THE for the design and construction of the Tarrant Main Track and Signal Improvements (the "TMSC Track and Signal Reimbursement"), but such obligation shall not exceed the TMSC Track and Signal Cost. Viridian Developer hereby agrees to satisfy the TMSC Track and Signal Reimbursement on behalf of Viridian District. By separate agreement between Viridian District and Viridian Developer, Viridian District shall reimburse Viridian Developer for all costs incurred by Viridian Developer in connection with the TMSC Track and Signal Improvements and the TMSC Track and Signal Reimbursement. (h) TMSC Licenses. THE shall grant a temporary license for construction of the TMSC Road Improvements to the contractor conducting construction. The license will be in the form of the Construction Agreement and Contractor's Right of Entry attached hereto as Exhibit B and incorporated herein for all purposes (the "TMSC License'). The TMSC License to enter upon THE right -of --way (including the train zone area) and such other property owned by THE in the vicinity of the Tarrant Main Street Crossing shall be for the purpose of performing and/or causing to be performed the TMSC Road Improvements and providing vehicular and pedestrian access and ingress thereto. The TMSC License shall expire upon the completion of the TMSC Road Improvements. The Viridian Parties will use all commercially reasonable efforts (including, if required, payment of standard license fees) to obtain for Viridian District and its employees, contractors, and subcontractors one or more temporary licenses to enter upon property owned by the city in question in the vicinity of the TMSC Road Improvements for the purpose of performing, and/or causing to be performed, the TMSC Road Improvements, and permitting vehicular and pedestrian access and ingress thereto. (i) Coordination of Tarrant Main Street Crossing Work. The Viridian Parties and THE agree to consult with each other (and cause their contractors to consult with each other) c3 DAL 2425593v.8 to coordinate to the extent reasonably feasible the performance of the TMSC Road Improvements and TMSC Track and Signal Improvements so as to limit redundant costs, reduce inconvenience to the traveling public, and otherwise efficiently carry out the work. U) TMSC Quiet Zone. TRE will request that Fort Worth issue a Notice of Intent ("NOI") and Notice of Establishment ("NOE") to establish a Quiet Zone for the Tarrant Main Street Crossing so that, subject to any delay in approval by the Federal Railroad Administration, the Quiet Zone can be established no later than sixty (60) days following completion of the TMSC Road Improvements and TMSC Track and Signal Improvements. FWTA shall assist Fort Worth in its efforts to obtain the Quiet Zone. 3. Calloway Cemeter�Road Crossing Improvements. (a) CCRC Road Plans. Viridian District will hire the Engineer to prepare roadway construction plans (the "CCRC Road Plans") showing the road improvements consistent with the Crossing Schematics to be made to the Calloway Cemetery Road Crossing up to the railroad crossing, and to the extent necessary, relocation of existing utility lines and facilities for such road improvements (the "CCRC Road Improvements"). The preparation of the CCRC Road Plans will be at Viridian Developer's cost. By separate agreement between Viridian District and Viridian Developer, Viridian District shall reimburse Viridian Developer for all costs incurred by Viridian Developer in connection with the CCRC Road Plans. Upon completion by the Engineer, Viridian District will deliver the CCRC Road Plans to TRE and with respect to such portion of the road improvements located within each respective city, Fort Worth and Arlington for their review and approval. The Viridian Parties will diligently remedy any deficiencies identified by TRE, Fort Worth, or Arlington. The CCRC Road Plans must include all elements that, in coordination with the CCRC Track and Signal Plans, are required to establish a "Quiet Zone" at the Calloway Cemetery Road Crossing. Subject only to delays in such review and approval, the Viridian Parties agree that the CCRC Road Plans will be final and complete within ninety (90) days after the Effective Date. (b) CCRC Track and Signal Plans. TRE will cause Herzog to prepare (i) typical section plans consistent with the Crossing Schematics necessary for track improvements for the Calloway Cemetery Road Crossing, which shall include typical plans for installation of new railroad crossing panels, subballast and ballast, gates and drainage improvements related thereto, and (ii) plans and specifications for signal improvements and any related electronics or other facilities necessary for track improvements for the Calloway Cemetery Road Crossing (collectively the "CCRC Track and Signal Plans"). The improvements constructed pursuant to the CCRC Track and Signal Plans will be referred to as the "CCRC Track and Signal Improvements." TRE shall submit the CCRC Track and Signal Plans for review and approval by the Engineer and the Viridian Parties, and will diligently remedy any deficiencies identified by the Engineer or the Viridian Parties. The CCRC Track and Signal Plans must include all elements that, in coordination with the CCRC Road Plans, are required to establish a "Quiet Zone" at the Calloway Cemetery Road Crossing. (c) CCRC Rights and Approvals. The Viridian Parties will use reasonably diligent efforts to obtain all Rights and Approvals as may be necessary with respect to the completion of the CCRC Road Improvements. TRE shall use reasonably diligent efforts to DAL 2425593v.8 obtain all Rights and Approvals as may be necessary with respect to the completion of the CCRC Track and Signal Improvements. Each Party hereby agrees to cooperate with the other Parties their respective efforts to obtain all necessary Rights and Approvals. (d) CCRC all Acquisition. Viridian Developer will use reasonably diligent efforts to cause additional land and/or easements (if any) necessary for the completion of the Calloway Cemetery Road Improvements to be conveyed to the parties requiring such land or easements for the construction, operation, and maintenance of the Calloway Cemetery Road Crossing. FWTA will reasonably cooperate with Viridian Developer to request the assistance of Arlington and Fort Worth in connection with such conveyances, including, a request, if necessary, that those cities exercise eminent domain or other governmental taking by to acquire the property needed for the Calloway Cemetery Road Crossing. However, if necessary, the Viridian Parties will bear the cost to acquire such property. (e) Construction of CCRC Road Improvements. Within sixty (60) days after (a) all necessary Rights and Approvals are obtained, or (b) THE notifies the Viridian District that the CCRC Track and Signal Improvements are completed to a degree that will allow construction of the CCRC Road Improvements in a manner that is safe for vehicular, pedestrian, and rail traffic at the Calloway Cemetery Road Crossing, whichever date is later (but in either case, subject to any extensions necessary to acquire the real property interests, if any, required for construction of the CCRC Road Improvements),Viridian District will cause the construction of the CCRC Road Improvements to be commenced and diligently pursued to completion in substantial accordance with the CCRC Road Plans. Subject to delays for events of Force Majeure, the CCRC Road Improvements shall be completed not later than one hundred eighty (180) days after a notice to proceed is issued for such work by Viridian District to its contractor. The construction of the CCRC Road Improvements will be at Viridian Developer's initial cost. By separate agreement between Viridian District and Viridian Developer, Viridian District shall reimburse Viridian Developer for all costs incurred by Viridian Developer in connection with the CCRC Road Improvements. Upon completion of the CCRC Road Improvements, such improvements shall be maintained by Fort Worth for the portion located in Fort Worth and by Arlington for the portion located in Arlington. (f) Construction of CCRC Track and Signal Improvements. Within sixty (60) days following completion of the CCRC Track and Signal Plans (subject to any extensions necessary to (i) obtain all related Rights and Approvals and (ii) acquire the real property interests, if any, required for construction of the CCRC Track and Signal Improvements), THE will cause Herzog to commence and diligently pursue to completion the construction of the CCRC Track and Signal Improvements, substantially in accordance with the CCRC Track and Signal Plans, subject to TRE's inspections and approvals (which approvals will not be unreasonably withheld or delayed). THE shall permit FWTA, the Viridian Parties, and the Engineer to inspect the CCRC Track and Signal Improvements from time to time as may be reasonably requested. Subject to delays for events of Force Majeure, the CCRC Track and Signal Improvements shall be completed not later than one -hundred eighty (180) days after a notice to proceed is issued for such work by THE to Herzog. (g) Estimated Costs of Design and Construction of CCRC Track and Signal Improvements. Herzog will design and construct the CCRC Track and Signal Improvements 5 DAL 2425593v.8 pursuant to its contract with TRE. Herzog's estimate of the total costs to (1) prepare the CCRC Track and Signal Plans and (2) construct the CCRC Track and Signal Improvements under its contract with THE is Six Hundred Nine Thousand Four Hundred Ninety-five Dollars ($609,495.00). Such amount will include costs to hire flagmen during construction. Such amount, subject to adjustment for change orders, unexpected conditions, or other adjustments, if any, permitted under Herzog's contract with THE and approved by THE and FWTA (which approval shall not be unreasonably withheld, conditioned, or delayed) will be the "CCRC Track and Signal Cost." (h) CCRC Improvements Reimbursement. Upon completion of the CCRC Track and Signal Improvements, following written request, FWTA will reimburse DART for its share of the CCRC Track and Signal Cost incurred by THE and paid by DART for construction of the CCRC Track and Signal Improvements. (i) CCRC Licenses. THE shall grant a temporary license for construction of the CCRC Road Improvements to the contractor conducting construction. The license will be in the form of the Construction Agreement and Contractor's Right of Entry attached hereto as Exhibit B and incorporated herein for all purposes (the "CCRC License"). The CCRC License to enter upon THE right -of --way (including the train zone area) and such other property owned by THE in the vicinity of the Calloway Cemetery Road Crossing shall be for the purpose of performing and/or causing to be performed the CCRC Road Improvements and providing vehicular and pedestrian access and ingress thereto. The CCRC License shall expire upon the completion of the CCRC Road Improvements. The Viridian Parties will use all commercially reasonable efforts (including, if required, payment of standard license fees) to obtain for Viridian District and its employees, contractors, and subcontractors one or more temporary licenses to enter upon property owned by the city in question in the vicinity of the CCRC Road Improvements for the purpose of performing, and/or causing to be performed, the CCRC Road Improvements, and permitting vehicular and pedestrian access and ingress thereto. (j) Coordination of Calloway Cemetery Road Crossing Work. The Viridian Parties and THE agree to consult with each other (and cause their contractors to consult with each other) to coordinate to the extent reasonably feasible the performance of the CCRC Road Improvements and CCRC Track and Signal Improvements so as to limit redundant costs, reduce inconvenience to the traveling public, and otherwise efficiently carry out the work. (k) CCRC Quiet Zone. THE will request that Fort Worth issue a Notice of Intent ("NOI") and Notice of Establishment ("NOE") to establish a Quiet Zone for the Calloway Cemetery Road Crossing so that, subject to any delay in approval by the Federal Railroad Administration, the Quiet Zone can be established no later than sixty (60) days following completion of the CCRC Road Improvements and CCRC Track and Signal Improvements. FWTA shall assist Fort Worth in its efforts to obtain the Quiet Zone. 4. Miscellaneous. (a) Force Majeure. Any deadline for performance under this Agreement shall be subject to extension for delays caused by Force Majeure. As used herein, "Force Maieure" means any delays experienced a Party due to strikes, civil riots, war, invasion, fire or other R DAL 2425593v.8 casualty, Acts of God, unavailability of labor or materials, adverse weather conditions, and any unexpected and unanticipated act or failure to act of governmental authorities (unless caused by such Party), including failure or delay in issuing necessary Rights and Approvals. (b) Assi rg_is. Except as expressly provided below, this Agreement may not be assigned by any Party. Notwithstanding the preceding sentence, Viridian Developer may freely assign, without consent, to (i) a buyer of all or substantially all of the Viridian Property and (ii) to any entity that directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, Viridian Developer; provided, however, no such assignment shall be effective unless and until the assignee expressly assumes in writing all obligations of Viridian Developer under this Agreement and provides reasonably satisfactory evidence to the other Parties that such assignee has the financial resources required to perform Viridian Developer's obligations hereunder. (c) Governin�I.aw. This Agreement shall be governed and construed in accordance with the laws of Texas and the obligations of the Parties hereto are and shall be performable in Tarrant County, Texas. (d) Entire Agreement; Amendment. This Agreement, including all exhibits attached hereto, constitutes the entire agreement between the Parties concerning the matters discussed herein and supersedes any prior agreements relating thereto. No modification hereof or subsequent agreement relative to the subject matter hereof shall be binding on any Party unless reduced to writing and signed by the Parties. (e) Counterparts. This Agreement may be executed in any number of counterparts and each of such counterparts shall, for all purposes, be deemed to be an original, and all such counterparts shall together constitute but one and the same agreement. (f) Severability. If any provisions of this Agreement applicable to any Party Ar circumstance shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of this Agreement or the application of such provision to such Party or circumstance, other than those as to which it is determined invalid or unenforceable, shall not be affected thereby, and each remaining provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (g) Headings. The captions in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Agreement or the scope or content of any of its provisions. (h) Time is of the Essence. Time is of the essence with respect to the performance of this Agreement. 7 DAL 2425593v.t0 (i) ]Intentionally omitted] (j) Notices. All notices, demands, requests or other communications required or permitted to be given under this Agreement must be delivered to the following addresses (1) personally, by hand delivery, evidenced by signed receipt; (11) by Federal Express or a similar internationally recognized overnight courier service; or (iii) by email, provided that a confirmation copy is delivered within one (1) business day by the method set forth in clause (1) or (ii) of this provision. All such notices shall be deemed to have been given for all purposes of this Agreement upon the date of receipt or refusal, except that whenever under this Agreement a notice is either received on a day which is not a business day or is required to be delivered on or before a specific day which is not a business day, the day of receipt or required delivery shall automatically be extended to the next business day. If to the District: Viridian Municipal Management District c/o Crawford & Jordan, LLP 3100 McKinnon St., Suite 1100 If to Viridian Developer: Dallas, TX 75201 Clay Crawford crawford@clawlaw.net 214-981-9090 Viridian Holdings LP 3104-7 North Collins Arlington, Texas 76005 Attention: Robert Kembel Email: rkembel@jckpl.com With a copy to: Watson Law Group, PLLC 5646 Milton Street, Suite 321 Dallas, Texas 75206 Attention: Michael ("Monty") Watson If to DART: Maureen McCole, Vice President P.O. Box 660163 Dallas, Texas 75266-7210 Attention: Commuter Rail & Railroad Mgmt Dept. If to FWTA: Bo Cung, Vice President — Facilities Management 1600 E. Lancaster Avenue Fort Worth, Texas 76102 Any Party may change its address for notice by notice to the other Party in accordance with this subparagraph (j). (k) Rule of Construction. The Parties acknowledge that each Party and its counsel have reviewed this Agreement, and the Parties agree that the normal rule of construction E'I DAL 2425593v.10 to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. (1) Neaation of Partnership. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the Parties in their respective businesses or otherwise, nor shall it cause them to be considered joint ventures or members of any joint enterprise. Each Party shall be considered a separate Party, and no Party shall have the right to act as an agent for another Party, unless expressly authorized to do so herein or by separate written instrument signed by the Party to be charged. (m) Obligations of TRE. DART and FWTA will cause THE to carry out any obligations imposed on it under this Agreement. (n) Defaults• Notice and Cure• Remedies. If a Party fails to perform its obligations under this Agreement, that Party will be in default hereunder unless it fully cures the failure within thirty (30) days following the issuance of written notice to such Party specifying the failure to perform, provided, however, if the matter by its nature requires more than thirty (30) days to cure, the Party shall not be in default if it commences a cure promptly after receiving such notice and thereafter diligently and expeditiously prosecutes such cure to completion within not more than sixty (60) days after such notice is issued. Upon a default by a Party under this Agreement, any non -defaulting Party, may, at its sole option, perform the defaulting Party's obligations on its behalf, and all costs and expenses incurred by the performing Party, direct and indirect, shall be immediately due and payable by the defaulting Party on demand. The exercise of rights under preceding sentence shall not be deemed an election of remedies, and each non -defaulting Party also shall have all other remedies available to it under applicable law with respect to such default. (o) Cooperation to Expedite Completion. The Parties agree that they will use commercially reasonable efforts and will cooperate with each other to attempt to complete the work under this Agreement more expeditiously than is required under the schedules set forth in the various provisions of this Agreement, but no Party shall be liable or in default hereunder if such efforts to expedite completion of such work are not realized. [Signatures appear on the following page] DAL 2425593v.8 EXECUTED by the Parties to be effective as of the Effective Date ilrSt set forth above. VIRIDIAN DISTRICT: VIRIDIAN DEVELOPER: DART: VIRIDIAN MUNICIPAL MANAGEMENT DISTR Name: Title: VIRIDIAN HOLDINGS LP, a Delaware limited partnership By: Name: Title: By: 111 QAAAY5L� 1'VI Name: Maureen McCole Title: Vice President, Commuter Rail & Railroad Management FWTA: FORT WORTH TRANSPORTATION AUTHORITY y: Q a e:S P 1 allard Title: Presid & Chief Executive Officer Signahire Page DAL 2425593v.8 EXECUTED by the Parties to be effective as of the Effective Date first set forth above. VIRIDIAN DISTRICT: VIRIDIAN DEVELOPER: DART: FWTA: VIRIDIAN MUNICIPAL MANAGEMENT DISTRICT By: Name: DALLAS AREA RAPID TRANSIT By: Name: Maureen McCole Title: Vice President, Commuter Rail & Railroad Management FORT WORTH TRANSPORTATION AUTHORITY By: Name: Paul J. Ballard Title: President & Chief Executive Officer Signature Page DAL 2425593v.8 EXHIBIT A CROSSING SCHEMATICS [follows this cover page] Exhibit A DAL 2425S93v.8 N aLL �o m� = W W d anau �b<V1wW ul,orq ]x N w n(�RA^Q 10 rsYv u m�m� dY�a. Sk- �la EXHIBIT B FORM OF THE LICENSE AGREEMENT [follows this cover pa8e] Exhibit B DAL 2425593v.8 2018 PAVING, GRADING, & DRAINAGE FYIPROVEMENTS FOR TARRANT MAIN STREET AT THE RAILROAD VIRIDIAN MUNICIPAL MANAGEMENT DISTRICT ADDENDUM #1 June 26, 2018 1. This Addendum is hereby made as part of this contract specification. Addendum is issued to modify, clarify, explain, or correct the original specifications. Any change called out in this Addendum supersedes the original specifications. 2. Bidders shall sign the Addendum and attach to the inside front cover of the specifications and also acknowledge the receipt of this Addendum by stating that acknowledgment on the outside lower right-hand corner of the sealed envdlope containing the bid. 3. The following changes are made to the specifications, forms; contracts, and bonds: A. Added bid item 3211.0122 6" Flexible Base Type A GR-2 — 732 SY B. Revised bid item 3212,02012" Asphalt Pvmt Type C — 315 SY C. Removed bid item 3212.0503 6" Asphalt Base Type B D. Revised bid item 3212.0504 7" Asphalt Base Type B — 315 SY E. Revised bid item 3213.0403 8" Concrete Driveway to bid item 3213.0401 6" Concrete Driveway — 5,222 SF F. Removed bid item 9999,0006 Concrete Edge Restraint G. Added bid item 9999.0006 Temporary 6" Flexible Base Type A GR-2 — 355 SY 4. The following changes are made to the plans: A. Sheet 6 — Revised the driveways from 8" concrete to 6" concrete and the 8" asphalt to 6" Flexible Base Type A GR 2. B. Sheet 7 — Revised the driveway from 8" concrete to 6" concrete. C. Sheet 8 — Revised the driveways from 8" concrete to 6" concrete and the 8" Asphalt to 6" Flexible Base Type A GM. D. Sheet 9 — Revised the temporary asphalt paving to temporary 6" Flexible Base Type A GR-2. E. Sheet 10 — Revise the portion of driveway that was permanent asphalt pavement to permanent 6" Flexible Base Type A GR-2. F. Sheet 24 —Added driveway detail to sheet. 5. The following clarifications shall be made: A. Attached is the revised 00 42 43 Bid Proposal section PDF and Excel version. B. Attached are revised sheets 6, 75 8, 95 10, and 24 C. Attached is the geotechnical report for the project. D. Existing pavement thickness is unknown. E. The 120 L.F. of low profile concrete traffic barrier is subsidiary to the traffic control. Please contact engineer with any questions. End of Addenduxu #1 Signature of Aelmowledgment �+ * ,. ;NdFN NIESA41 ' 92740 t,