HomeMy WebLinkAboutContract 54478-PM1PROJECT MANUAL
FOR
THE CONSTRUCTION OF
PUBLIC WATER IMPROVEMENTS
TO SERVE
ALL STORAGE AVONDALE HASLET
13210 FM ROAD 718
IPRC Record No. 20-0041
City Project No. 102622
FID No. 30114-0200431-102622-E07685
X File No. X-26433
Betsy Price David Cooke
Mayor City Manager
Christopher P. Harder, P.E.
Director, Water Department
Prepared for
The City of Fort Worth
Water Department
2020
Prepared by:
Texas Registered Engineering Firm F-928
801 Cherry Street, Suite 1300, Unit 11
Fort Worth, TX 76102
817.339.2275
Kimley-Horn No. 061290708
CSC No. 54478-PM1
00 00 10
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 1 of 5
CITY OF FORT WORTH WATER IMPROVEMENTS TO SERVE ALL STORAGE AVONDALE HASLET
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.102622
DEVELOPER AWARDED PROJECTS
Revised March 20, 2020
SECTION 00 00 10
TABLE OF CONTENTS
DEVELOPER AWARDED PROJECTS
Division 00 - General Conditions Last Revised
00 11 13 Invitation to Bidders 03/20/2020
00 21 13 Instructions to Bidders 03/20/2020
00 41 00 Bid Form 04/02/2014
00 42 43 Proposal Form Unit Price 05/22/2019
00 43 13 Bid Bond 04/02/2014
00 45 11 Bidders Prequalification’s 04/02/2014
00 45 12 Prequalification Statement 09/01/2015
00 45 13 Bidder Prequalification Application 03/09/2020
00 45 26 Contractor Compliance with Workers' Compensation Law 04/02/2014
00 45 40 Minority Business Enterprise Goal 08/21/2018
00 52 43 Agreement 06/16/2016
00 61 25 Certificate of Insurance 07/01/2011
00 62 13 Performance Bond 01/31/2012
00 62 14 Payment Bond 01/31/2012
00 62 19 Maintenance Bond 01/31/2012
00 72 00 General Conditions 11/15/2017
00 73 00 Supplementary Conditions 07/01/2011
00 73 10 Standard City Conditions of the Construction Contract for Developer
Awarded Projects 01/10/2013
Division 01 - General Requirements Last Revised
01 11 00 Summary of Work 12/20/2012
01 25 00 Substitution Procedures 08/30/2013
01 31 19 Preconstruction Meeting 08/30/2013
01 31 20 Project Meetings 07/01/2011
01 32 33 Preconstruction Video 08/30/2013
01 33 00 Submittals 08/30/2013
01 35 13 Special Project Procedures 08/30/2013
01 45 23 Testing and Inspection Services 03/20/2020
01 50 00 Temporary Facilities and Controls 07/01/2011
01 55 26 Street Use Permit and Modifications to Traffic Control 07/01/2011
01 57 13 Storm Water Pollution Prevention Plan 07/01/2011
01 60 00 Product Requirements 03/20/2020
01 66 00 Product Storage and Handling Requirements 04/07/2014
01 70 00 Mobilization and Remobilization 04/07/2014
01 71 23 Construction Staking 04/07/2014
01 74 23 Cleaning 04/07/2014
01 77 19 Closeout Requirements 04/07/2014
01 78 23 Operation and Maintenance Data 04/07/2014
01 78 39 Project Record Documents 04/07/2014
00 00 10
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 2 of 5
CITY OF FORT WORTH WATER IMPROVEMENTS TO SERVE ALL STORAGE AVONDALE HASLET
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.102622
DEVELOPER AWARDED PROJECTS
Revised March 20, 2020
Technical Specifications which have been modified by the Engineer specifically for this
Project; hard copies are included in the Project’s Contract Documents
Division 02 - Existing Conditions
Date
Modified
NONE
Division 03 - Concrete
NONE
Division 26 - Electrical
NONE
Division 31 - Earthwork
NONE
Division 32 - Exterior Improvements
NONE
Division 33 - Utilities
NONE
Division 34 - Transportation
NONE
Technical Specifications listed below are included for this Project by reference and can be
viewed/downloaded from the City’s website at:
http://fortworthtexas.gov/tpw/contractors/
or
https://apps.fortworthtexas.gov/ProjectResources/
Division 02 - Existing Conditions Last Revised
02 41 13 Selective Site Demolition 12/20/2012
02 41 14 Utility Removal/Abandonment 12/20/2012
02 41 15 Paving Removal 02/02/2016
Division 03 - Concrete
03 30 00 Cast-In-Place Concrete 12/20/2012
03 34 13 Controlled Low Strength Material (CLSM)12/20/2012
03 34 16 Concrete Base Material for Trench Repair 12/20/2012
03 80 00 Modifications to Existing Concrete Structures 12/20/2012
Division 26 - Electrical
26 05 00 Common Work Results for Electrical 11/22/2013
26 05 10 Demolition for Electrical Systems 12/20/2012
26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012
26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011
26 05 50 Communications Multi-Duct Conduit 02/26/2016
Division 31 - Earthwork
31 10 00 Site Clearing 12/20/2012
31 23 16 Unclassified Excavation 01/28/2013
31 23 23 Borrow 01/28/2013
31 24 00 Embankments 01/28/2013
00 00 10
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 3 of 5
CITY OF FORT WORTH WATER IMPROVEMENTS TO SERVE ALL STORAGE AVONDALE HASLET
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.102622
DEVELOPER AWARDED PROJECTS
Revised March 20, 2020
31 25 00 Erosion and Sediment Control 12/20/2012
31 36 00 Gabions 12/20/2012
31 37 00 Riprap 12/20/2012
Division 32 - Exterior Improvements
32 01 17 Permanent Asphalt Paving Repair 12/20/2012
32 01 18 Temporary Asphalt Paving Repair 12/20/2012
32 01 29 Concrete Paving Repair 12/20/2012
32 11 23 Flexible Base Courses 12/20/2012
32 11 29 Lime Treated Base Courses 12/20/2012
32 11 33 Cement Treated Base Courses 12/20/2012
32 11 37 Liquid Treated Soil Stabilizer 08/21/2015
32 12 16 Asphalt Paving 12/20/2012
32 12 73 Asphalt Paving Crack Sealants 12/20/2012
32 13 13 Concrete Paving 12/20/2012
32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018
32 13 73 Concrete Paving Joint Sealants 12/20/2012
32 14 16 Brick Unit Paving 12/20/2012
32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016
32 17 23 Pavement Markings 11/22/2013
32 17 25 Curb Address Painting 11/04/2013
32 31 13 Chain Fences and Gates 12/20/2012
32 31 26 Wire Fences and Gates 12/20/2012
32 31 29 Wood Fences and Gates 12/20/2012
32 32 13 Cast-in-Place Concrete Retaining Walls 06/05/2018
32 91 19 Topsoil Placement and Finishing of Parkways 12/20/2012
32 92 13 Hydro-Mulching, Seeding, and Sodding 12/20/2012
32 93 43 Trees and Shrubs 12/20/2012
Division 33 - Utilities
33 01 30 Sewer and Manhole Testing 12/20/2012
33 01 31 Closed Circuit Television (CCTV) Inspection 03/03/2016
33 03 10 Bypass Pumping of Existing Sewer Systems 12/20/2012
33 04 10 Joint Bonding and Electrical Isolation 12/20/2012
33 04 11 Corrosion Control Test Stations 12/20/2012
33 04 12 Magnesium Anode Cathodic Protection System 12/20/2012
33 04 30 Temporary Water Services 07/01/2011
33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013
33 04 50 Cleaning of Sewer Mains 12/20/2012
33 05 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016
33 05 12 Water Line Lowering 12/20/2012
33 05 13 Frame, Cover and Grade Rings – Cast Iron 01/22/2016
33 05 13.10 Frame, Cover and Grade Rings – Composite 01/22/2016
33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to
Grade 12/20/2012
33 05 16 Concrete Water Vaults 12/20/2012
33 05 17 Concrete Collars 12/20/2012
33 05 20 Auger Boring 12/20/2012
33 05 21 Tunnel Liner Plate 12/20/2012
00 00 10
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 4 of 5
CITY OF FORT WORTH WATER IMPROVEMENTS TO SERVE ALL STORAGE AVONDALE HASLET
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.102622
DEVELOPER AWARDED PROJECTS
Revised March 20, 2020
33 05 22 Steel Casing Pipe 12/20/2012
33 05 23 Hand Tunneling 12/20/2012
33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 06/19/2013
33 05 26 Utility Markers/Locators 12/20/2012
33 05 30 Location of Existing Utilities 12/20/2012
33 11 05 Bolts, Nuts, and Gaskets 12/20/2012
33 11 10 Ductile Iron Pipe 12/20/2012
33 11 11 Ductile Iron Fittings 12/20/2012
33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018
33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 12/20/2012
33 11 14 Buried Steel Pipe and Fittings 12/20/2012
33 12 10 Water Services 1-inch to 2-inch 02/14/2017
33 12 11 Large Water Meters 12/20/2012
33 12 20 Resilient Seated Gate Valve 12/20/2012
33 12 21 AWWA Rubber-Seated Butterfly Valves 12/20/2012
33 12 25 Connection to Existing Water Mains 02/06/2013
33 12 30 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012
33 12 40 Fire Hydrants 01/03/2014
33 12 50 Water Sample Stations 12/20/2012
33 12 60 Standard Blow-off Valve Assembly 06/19/2013
33 31 12 Cured in Place Pipe (CIPP)12/20/2012
33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012
33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 12/20/2012
33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013
33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer
Pipe 12/20/2012
33 31 22 Sanitary Sewer Slip Lining 12/20/2012
33 31 23 Sanitary Sewer Pipe Enlargement 12/20/2012
33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013
33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012
33 39 10 Cast-in-Place Concrete Manholes 12/20/2012
33 39 20 Precast Concrete Manholes 12/20/2012
33 39 30 Fiberglass Manholes 12/20/2012
33 39 40 Wastewater Access Chamber (WAC)12/20/2012
33 39 60 Epoxy Liners for Sanitary Sewer Structures 12/20/2012
33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011
33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 12/20/2012
33 41 12 Reinforced Polyethlene (SRPE) Pipe 11/13/2015
33 46 00 Subdrainage 12/20/2012
33 46 01 Slotted Storm Drains 07/01/2011
33 46 02 Trench Drains 07/01/2011
33 49 10 Cast-in-Place Manholes and Junction Boxes 12/20/2012
33 49 20 Curb and Drop Inlets 12/20/2012
33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011
Division 34 - Transportation
34 41 10 Traffic Signals 10/12/2015
34 41 10.01 Attachment A – Controller Cabinet 12/18/2015
34 41 10.02 Attachment B – Controller Specification 02/2012
00 00 10
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 5 of 5
CITY OF FORT WORTH WATER IMPROVEMENTS TO SERVE ALL STORAGE AVONDALE HASLET
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.102622
DEVELOPER AWARDED PROJECTS
Revised March 20, 2020
34 41 10.03 Attachment C – Software Specification 01/2012
34 41 11 Temporary Traffic Signals 11/22/2013
34 41 13 Removing Traffic Signals 12/20/2012
34 41 15 Rectangular Rapid Flashing Beacon 11/22/2013
34 41 16 Pedestrian Hybrid Signal 11/22/2013
34 41 20 Roadway Illumination Assemblies 12/20/2012
34 41 20.01 Arterial LED Roadway Luminaires 06/15/2015
34 41 20.02 Freeway LED Roadway Luminaires 06/15/2015
34 41 20.03 Residential LED Roadway Luminaires 06/15/2015
34 41 30 Aluminum Signs 11/12/2013
34 41 50 Single-Mode Fiber Optic Cable 02/26/2016
34 71 13 Traffic Control 11/22/2013
Appendix
GC-4.01 Availability of Lands
GC-4.02 Subsurface and Physical Conditions
GC-4.04 Underground Facilities
GC-4.06 Hazardous Environmental Condition at Site
GC-6.06.D Minority and Women Owned Business Enterprise Compliance
GC-6.07 Wage Rates
GC-6.09 Permits and Utilities
GC-6.24 Nondiscrimination
GR-01 60 00 Product Requirements
END OF SECTION
oa az a�
�AP - 91� PROPOSAL
Page 1 of 1
SECTION Q4 a2 A3
Developer Awarded P�ojects - PROPQSAL FORM
UMT PRiCE BID
Bidder's Application
Project Rem information ]3idder's Propos�l
�tidli5[
Iteni no. Descnption Specification Section Np, Unit af Mcasure Bid Quanlfty T1nit Price Bid Va1F�e
UNiT L WATER IMPROVEMENTS
1 311 �.�102 6"-12" Tree Removal 31 10 00 EA 5 $2,50�.�0 �12,500.00
2 3125.0101 SWPPP ? i acre 31 25 00 LS 9 $11,000.06 $11,0OO.Ofl
3 3137.0101 ConcreteRiprap 313700 SY 25 $85.0� $2,125.Qfl
4 3305.0149 T�enchSafety 330510 LF 1,481 $1,00 $7,481.Q0
5 3313.0001 Duclile Iron Water Fittings w! Resiraint 33 11 13 TON 0.5 $6,500.0� $3,256.60
6 331?.Oi61 6" PVC Water Pipe 33 11 12 LF 10.0 $36.00 $366,60
7 3319D261 8" PVC Water Pfpe 33 11 12 LF 10.0 $39.06 $336,ff�
8 3311_0451 12" filP Water 33 11 10 LF 274 $85.00 $23,29ff.60
9 3313.0461 12" pVC WaterPipe 33 11 12 LF 1,447 $40.06 $57,64Q.00
10 3313.�462 12" PVC Water Pipe, CSS 8ac�ll 33 11 12 LF 20 $75.OQ �1,590.60
11 3317.0871 24" Steel AVWUA C204 WaYer Pipe 33 11 14 �F 274 $R69.00 $32$,50GA0
12 3312A001 FireWydrant 331240 EA 3 $4,263.06 g�Z,�gg,pp
13 3312.0117 Conneclion to Existirt9 4"-12" Water Main 33 12 25 EA 1 $5,050.60 g,5,p�p,pp
14 3312.2203 2" Wa1er Service 33 12 1� EA 4 $2,252.04 $9,OOS.QO
15 3312.3402 6" Gate Valve 33 12 20 EA 1 $1,305.04 $1,305.00
i6 3312.3003 8" Gate Valve 33 12 20 EA 7 $1,665A� $1,6fr5.00
17 3312,3005 12" Gate VeNe 33 12 20 EA 4 $2,786.Oa $11,120.00
16 347i.Ofl01 7rafTicControl 347113 MO 1 $6,5D�.00 $6,SQ0.60
19 9993A001 Type HG-6 Poftabie Flushing System 00 OD Ofl �A 1 $4,15a.00 $4,150.00
TOTAL UNiT L• WATEii IMPROVEMENTS $293,628.[10
1i9d Sw mary
UNIT I: WATER IMPROVEMENTS $293,629.00
Total Consiruct�o�� Rid $293,629.6U
Thes Bid is su6mitted Ly the tntity named bdo�v:
IIIDBEit: �y_
Relia�ie Paving, 7nc. �� �
1903 Peyco Dr. North T�Tr.F: president
Arlington, TX 76001 °AT�� June 30, 2020
Confractor ��rces to complele W'OLtK for F1NAL ACCEPi'ANCE wilhin � 2� working days after the dale when lhe
CODiT3ZAC1' cammences fu run as prmided in lhe CeneraE Cunditions.
E�0 pF SFCTIUN
CITV OF FORT WORTH
S7ANOARo CON57RUGT1aN SP�CIFlCATIQN �4C11A7ENTS - DE VELOPER AWAR�€O PROJEG75
�orm Vers�on September 1, 2055 044243_Bid Proposal.zlsm
00 �5 12
➢1P PREQ[lAL.IFICATION S'CA'iF,MENT
�'aoe I of 7
SECTION 00 45 12
DAP — PREQUALIFICATION STAT'EMENT
Each Bidder is required to complete the information Uelow by identifyin� the preq�alifed eontractors
and/ar subcontractors whoir� they intend to utilize for the major woric type(s} listed. In the "Mazor Work
T e" box rovide the com lete ma'or work t e and actual descri tion as rovided b the Water
Department for water and sewer and TPW for.pavi.n�.
Major Work Type Contractor/Subcontractor Cnmpany Na�ne PrequaIz�cation
Ex ira�ion Date
Water and Wastewater Wildstone Construction LLC i 0/31/2020
The undersi��ed hereby certifes that the contractors and/ar subcontractors described in the table above
are currently prequali�ed for the work types ]isted.
BIDDER:
Reliable Pavin�, Inc.
1903 Peyco Dr. Narth
Arlington, TX 7600J
BY: Charles Lon�
�� � � �� ��f
Si��ature)
TiTLE: President
DATE: June 30, 2020
END OF SECTIQN
CITY OF FORT WORTH
STANDAR� CONS7RUC710N PREqUALIFICA710N STATEMENT— �EVELOPER AWARDEO PROlECTS �045 12_PrequaGficatfon SYatement 2615_�AP.docx
Form Version September 1, 2015
0� 45 26 - I
CONTEtAC'COR CO.MPL[ANC� WITII WORKER'S COMP�IVSATIOTV ],AW
Page l of 1
2
�
.�
4
5
6
7
8
9
10
SECTION 00 45 26
CONT'RACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Pursuant to Texas Labar Code Section 406.496(a), as aine�ided, Coiitractor certifies tha� it
pz-avides worker's compensation insurance covc�•age for a11 of its em�loyees employed on Ci�y
Project No. 10.262.2. Contractor further certif es that, pursuant to Texas Lahor Code, Sectio��
�06.096(b), as ainend.ed, it will provide to City its subconlracior's certifcates of compliance wit11
worker's compensation eoverage.
CONTRA,CTOR:
11
12
13
l4
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
3 ].
32
33
34
35
36
37
38
Reliable Paving, Inc.
Company
l 903 Peyco Drive North
�1 ddress
Arlington, TX 76001
Ciry/Statel�rp
THE STATE D.F TEXAS
COUNTY OF TARRANT
§
§
By: Charles Long
(Please Print}
Signature: � "�� �
����e; President
(Please Print}
BCF � MEj the unde sig»ed authority, on this day personally appeared
�j v/Q ,J , known �o ine to be tl�e persoi� whose name is
subscribed to the fore oi truir�ej] t ai1 nowled ed to 3rrze th h shE ex�cuted the sarr�e as
the act and deed of ��i�� t d�2.J� � for e purposes and
consideration tlzerein expressed and in the capacity therein stated.
GIVEN N EK MY HAND AND S�AL OF OFFICE this 2 day of
, 2a�.a
��
Notary Public r d for the �tate of Te�as
��..+
'� o*?PV•p`•`ar,�. 4.�iLL{tigti" t��'.�}fv1Ci��, •.�R.
�'� =��:� ND OF SECTION
��;-: '�- i������`oi�ryi��ii73u754 �
�rE ,,F s�*"= -L"xpiras �ept��nber 7, 2023
�
�9
40
Cl7'Y OF hOltl WOIt7 H WATEf21MPROVEMLN7 S"f0 S�hVE ALL STORAGE AVONI3ALF I�ASLET
STANDAI2D C()NSTFtIiCTION SP�CIFICATEON DDCUMENTS C[ FY YRO.iECT IVo.1�2622
Rcvised April 2, 2014
UOS243-1
f�veloper Ati�arded Projet:t Agreemant
Page ] ot4
2
3
SECTI4N OU 52 43
AGREEMENT
4 THIS AGREEM�NT, authorized on S�%� �� is mac�e hy and be#vveen the Aeveltsper,
S ALL �TORAGE AYONDA�,E, authocized ta do businass in Texas ("DeveEoper"j , and
6 RELIABLE PAVING,INC. , aUt3�orized ta do
7 business in Texas, acting by and ittrough i#s duly authorized reg�esenta#ive, ("Contractor").
S Dev�lopax at�d �ontractor, in consideration of the mutual cavenants hereinafter set Fflrth, agre� as
9 follows:
l0 �1�'t�icMe 1. WORK
11 Con#raetor skeall cotnplete aE! Work as s�ecified ar iadieated in the Gon�ract Documen�s foar tt�e
12 Prajeci id�nti�ied herefn,
13
14
15
t6
17
i8
i9
20
Z1
ArtiCle 2. PROJECT
TEte pr�jec# for which the Work under the Contraat Dc+cu�nents may 6e t�e whale or on1� a part is
�enetaliy deseribed as falfows;
WATER 1MPR� 1''�.i1�IENTx� �'Q �SER �E A�L �7't?1�4G�' �4 i'�11�?�IL.E HASLE�
CI'1'Y PRC1J'EGYT Na. .1 �Z622
Artiele 3. CONTRACT TIME
3.1 Tim� is Qf the sssenr,e.
All time limits for 1Vfilestones, �f a.rry, and Final Ac�ceptance as stated in #he Corttraat
1]ocuments are 4f the essence ta this Gantraat.
22 3.2 �'inal Aaceptance.
23 The Wark vrili he camplete far Final Acceptance within 120 �orking days a.£ter the date
24 when the Cantract Titne commences to run as pravided in Paragraph 72.Q4 af the Standard
2S CiEy Gonditions of the Construction Cvntract for DevelQper Awarded Prt�jects.
26 3,3 Liquidated darnages
27
28
24
3Q
3]
32
33
34
35
35
37
3S
39
ao
4t
42
Gontractor reco�tiaes that time is of fhe essen�e oi ihis A�ree�.t�►ent and that Developer
wil� s�ffer ffnanc'ta! loss if khs V4xor}� is not com�letad within the timas specified in
Parageaph 3.2 abc�ve, plus any extensio� thereof allow€d in aceordance with Ar#icie 10 of
th� Stan.dard City Conditions of the Constructinn Con�ract for Developer Awardecf
Frajects. The Contractor also recognizes the de�ays, �xpense ancf diffieulties in�ol�ed i�
proving in a lega! proceeding tE�e actual loss suffered by the Devefoper if �he Wor� is nat
eompJeted on tiine. Accnrdingly, instead of requiring any such proaf ,�:antractor agrees
that as li�uic�atsd dama�es �ar delay (bt�t not as a pe�alty), Contractor shatl pay
Devel.oper (�r��e Hundred Dollars ($ I0�
for each day that exgires after the time sp�cified in Paragraph 3.2 �or Finai Acceptance
until the City issaes the Final L,etter of Acceptanee, �
C1TY OR FORT Wf]RTH WATER I[vEPRQVE3t�fE�iTS T(3 SERVE Ai.L STOKAGFs AVONDALE HA9L�T
STANI?ARD [:ONSTRUCT70N SPECIFtCAT'[OI�F DOCUMENTS CITY PR�JECT Np. i{}2622
D&VELC3P�iRAWARD�D PIF07Ei'.T5
Revised -Jwse I 6, 2D 16
ao sa as - z
13c�veloper Awarded Proj�k Agreement
Pags 2 0� 4
�43
�4 Artiel� 4. CONTRACT PR�CE
45 �eveloper agrees to pay Contractor far performauice of lhe Work in acc�►rdance with the Contract
4s Doc�ments art amaun# ln current funds of`i�vo Hundrecl Ninety Thre� Thvusan� Six Hun�red
47 �$ �93,629.00 ,, ). Twe�ttY Nine ��d 0/100 Dollars
48 Article S. CCINTRACT DfJCIIMENTS
49 5.1 GONTBNTS:
5� A. The Contract i)ocurnents which comprise ti�e entire a�reement between Developer and
Si Ccsntractor eoncerni�g the Waric consist of the following:
52 !. This Agree�ent.
53 Z. Attachments to this Agreemeat:
54 a. Bid Form (As prdvided by .Develaper)
�— L)—`Prop�asa�-�'6rm (�')AP V�rsion _ . . _
56 2) Prequalification Statement
57 3) State and Fecieral documen#s (pro,ject specific)
58 b. Insuranc� ACORD F'orm(s)
59 0. Paytnsnt Battd (�iAP Ve�'sion)
6� c�. FerFormance Bond (�AP Versxon}
61 e. Mainter�ance Bo�d (f1AP Versian)
62 f, Po�ver of A�#orney for the Bo�ds
63 g. �Varker's Compensatiar� Afiida�+it
64 h. MBE and/or SBE Cpmmitrnent For�n {1f required}
6S 3. Standard City General C`onditic�ns af the Constraction Cantract for Devel�per
66 Awarded Projects.
67 4. Supp�ementary Conditians.
68 5. Specifica�i�ns speai�caiiy made a part pi the Cont�ct Docizments by atta�hment
69 or, if not attachetl, as incor�orateci hy reference and d�scribed in the Table of
ip �ontents of the 1'roject's Contract Doc�ments,
7t 6. Drawings.
72 7. Addenc�a.
'13 8, Documen.tation submitted by Contractor prior to Nolice oiAward.
74 9. T�e foilowing which may be deliveted or issued after �he Effeciive Date af tlis
75 Agreement and, if issued, become $n incnrpprated part of the Contract Documents:
7G a. Notice to �roceed.
77 b. I'ield Orders.
78 c. Change arders.
?I c3. i.,etter of Fir�al Acceptance.
84
8;
CTTYOF FURT WLURTIi �VATSR IMPROVEMENTS TO SERVEALL STC3RAGSA�'QNQALBHASL�T
STAN�kRD CON3TRUCT[ON SPi3CIPfCATIpN DOCUMEN'I'S GfTY PFtQ7L�T Nv.1 D2622
r�EvfiLt�r�R nw�ua�n Pxo�c�rs
xekised -rune is, zQ �b
00 52 43 - 3
Developer Awarded Project Agreement
Page 3 of 4
CITY OF FORT WORTH WATER IMPROVEMENTS TO SERVE ALL STORAGE AVONDALE HASLET
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.102622
DEVELOPER AWARDED PROJECTS
Revised June 16, 2016
82 Article 6. INDEMNIFICATION
83 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
84 expense, the city, its officers, servants and employees, from and against any and all
85 claims arising out of, or alleged to arise out of, the work and services to be performed
86 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
87 under this contract. This indemnification provision is specifically intended to operate
88 and be effective even if it is alleged or proven that all or some of the damages being
89 sought were caused, in whole or in part, by any act, omission or negligence of the city.
90 This indemnity provision is intended to include, without limitation, indemnity for
91 costs, expenses and legal fees incurred by the city in defending against such claims and
92 causes of actions.
93
94 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
95 the city, its officers, servants and employees, from and against any and all loss, damage
96 or destruction of property of the city, arising out of, or alleged to arise out of, the work
97 and services to be performed by the contractor, its officers, agents, employees,
98 subcontractors, licensees or invitees under this contract. This indemnification
99 provision is specifically intended to operate and be effective even if it is alleged or
100 proven that all or some of the damages being sought were caused, in whole or in part,
101 by any act, omission or negligence of the city.
102
103 Article 7. MISCELLANEOUS
104 7.1 Terms.
105 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of
106 the Construction Contract for Developer Awarded Projects.
107 7.2 Assignment of Contract.
108 This Agreement, including all of the Contract Documents may not be assigned by the
109 Contractor without the advanced express written consent of the Developer.
110 7.3 Successors and Assigns.
111 Developer and Contractor each binds itself, its partners, successors, assigns and legal
112 representatives to the other party hereto, in respect to all covenants, agreements and
113 obligations contained in the Contract Documents.
114 7.4 Severability.
115 Any provision or part of the Contract Documents held to be unconstitutional, void or
116 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
117 remaining provisions shall continue to be valid and binding upon DEVELOPER and
118 CONTRACTOR.
119 7.5 Governing Law and Venue.
120 This Agreement, including all of the Contract Documents is performable in the State of
121 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
122 Northern District of Texas, Fort Worth Division.
p0 j2 43 - �k
lac�°eloper An�ardcd Project Agrcernent
Puge �# ot�4
123
I24
l25
126
1?7
128
f29
13Q
131
l32
7.G Avthc�rity to Sign.
Cantractor shall attach evidercce af autharity to sign Agreerrsent, if othei• fha�a d�1y
authnrized signatory of the Coi�tractor.
iN I��ITN�SS WFIEREDF, Devefoper aE1d Coiltractor l�ave executed this A�reemeE�t in nzultipl�
counterparts.
This Agreement is effective �s of the last date signeci by the P�rties " ective Date"}
Go»tractor: Developer:
RELyAELE PAVING INC. ALL STC
_ �y� r� �--�--
(Sig ture}
Gharles Lo
(Signature)
Ma��lc McDowell
(i'rinted Namej
l.i.i
(Printed Name)
Titie: Presidet�t Title: Mar�a�e�-
Compauy Name: ReliaL�le I'�vin�, Inc. Cornpafiy n1me: �111 Storage Avondale, LS�C
Ac�e�a�ess:1903 Pe ca Dr. NoE-th Address: 82 Annstrona Dri�e
— � .... --.—
City/State/Zip: Arlingtpn. TX 76001 _ Ci IState/,Zi : Must�n . OK 73064
�a f �0_�.7-4� 2(e o��
Date Date
Cl"iY OF FORT l4'OR"I'H W�1TER I�IPROVE�vS�l�T�S T(1 SGRVE ALL 5T(3RAGC AV��'DALE H;�SLGT
STANDARb COiVSTRUCT[ON SFL•CTFICA"I�i0T4 pOC11�16N7'S C1TY PR07EC'f h'o.lOZb2?
6GVL-LQ€'CR Au'AIi33ED PRUlECTS
I Revfsed-lune 16,?Olfi
00 61 25 - 1
CERTIFICATE OF INSURANCE
Page 1 of 1
CITY OF FORT WORTH WATER IMPROVEMENTS TO SERVE ALL STORAGE AVONDALE HASLET
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.102622
DEVELOPER AWARDED PROJECTS
Revised July 1, 2011
1 SECTION 00 61 25
2 CERTIFICATE OF INSURANCE
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 END OF SECTION
24
25
26
27
28
29
Bond #4433600
Q(162 13 - �
P�RFORMA3�ICE BOND
Aege 1 of 3
1
2
3
4
5
b
7
8
9
10
THE STATE OF TEXAS
COUNTY OF TARRANT
That we, Reliable Paving, lnc.
S�CTION QQ GZ 13
�'ERFQRMANCE BOND
§
§ KNOW ALL BY THESE PRESENTS:
§
Icnown as
"Principal" herein and SureTec Insurance Campany , a co►porate
surety{sUreties, if more than one) duly at�thorized to do business in the State of Texas, knnwn as
11 "Surety" herein (whether ane ar more), are heId and ��rnly baund unto the Developer, ALL
12 STORAGE AVONDALE. avthorized to do business in i'exas ("Developer") and the City vf Fort
13 Worth, a Texas municipsl Corporation {"City"), in the pena] sum of, Twa Hundred IVinety Three
�q Thousand Six Hundred Twenty Nine and fl0/100 Dol�ars ($ 293,629.QQ ,
I 5 lawfial money of the United States, to be paid in Fort Warth, Tarrant Gour�ty, Texas for the
! 6 payment of which sum well and truiy to be made joinily unto the Deve�oper and the City as dual
17 obligees, we bind oursel�es, aur heirs, executors, administrators, successors and assigns, jointiy
18 and severally, firmly by these presents.
19 WHEREAS, Deve}oper and City have entered into an Agreement for the construction of
20 community facilities in th� Czty of Fart W�rtE� by and through a Carnmunity Faeilities
21 Agreement, CFA Number � `�.D @�Ob 8 ; and
22
23
24
25
26
z�
WHEREAS, the Principal t�as entered into a certain written contract with tk�e Developer awarded
the 30`�' day of ��� , 207�, which Contract is hereby referred ta and mad� a
part hereof for all pur�oses as if fuily set farth herein, to furnish all materials, equipment labor
and other accessories defined by law, in the prosecution of the Work, including any Change
Orders, as provided far in said Contract designated as yY.4T�lt IM�'R�YEMENTS To SERYE
��L sTa�tcE � voNa.�L� �stET
CITY OF FOFiT WORTH WATEEi TMPROVEMENTS TO S�RVE ALL 3TQRAG� AVOI��ALE HASLET
STANDARl7 CON5�"RUCTION SPECIFICATION DOCUMEI�[TS C!T'Y PROJEC"E' No.102622
DEVELOPER AWAEtU�D i'ROlECi5
Revised 3anuary 31, 2Q12
406213-2
PERFORMAIdCE BL3NB
Page 2 of 3
2
3
4
5
6
7
NOW, THEREFORE, the condition ofthis obligation is such that if the said Principal
shall faithfully perform it obligations under the Coniract and shall in alI respects duly and
faithiuIly perform the Work, inctuding Change Orders, under the Cantract, according to the plans,
speci�cations, and contract documents therein referred to, and as well during any period of
extension of the Contract that may he granted on the part ofthe Developer and/vr City, then this
obligation shall be and become nutl and �oid, otherwise to remain in full force and effect.
PRQVIDED FURTHER, that if any legal action k�e �ilad an this Bond, venue shaIl Iie in
8 Tamant Caunty, Texas or ihe United 5tates District Court for the Northern District of Texas, Fort
9 Worth Division.
1p
11
12
13
i4
15
1G
17
18
19
20
21
22
23
24
25
26
27
28
z9
30
31
32
33
34
35
3 fi
37
38
39
40
41
42
This lwnd is made and executed in coznpliance with the provisions of Chapter 2253 of the
Texas Gavernment Cade, as amended, and all liabilities qn this bond shaii be determined in
aceordance with the provisions of said statue.
IN WITNESS WHEREOF, the Principai and the Surety have SIGNED and SEALED
this instru�nent by duly authorized agents and afficars an this the 30�^ day af
�4tr►� , 20 2i� .
PRINCIPAL:
Reliable Pavinq, Inc.
ATTEST:
----�
�.ss�"
(Principal) Secretary
�-� '
S�'���' ���
._- .�
Witness as to Pri�cipai
BY: �...�✓-� �-
Signature
�A�::_�,��::,-.; .-� '�c:z.-� - ,����ri��-:�i
Name and Title
Address: fig03 Peyco Dri�e No�ih
ArlincLan, TX 7FiD01 . _
SU RETY:
SureTee Insurance Company
�RY , 9 �,,;. �
a,r: � �:� ;
Si ature �
Sophinie Hunter, Attorney-In-Fact
Name and Titie
Address: 9737 Great Hil�s Trail, Suite 320
CITY �F FORT WORTH WATER INEPROVEMEN'f5 TO SERV� AL[. STpRAG� AVONDALE F[A5LE1"
S'I'ANDARD CONSTRUC'ITON SPECIFICAi70N DOCUMENTS C1TY PAO]ECT No.102622
DEVELOPEl2 AWARDED PROJECTS
Revised January 31, 2012
oo6a �3-a
PERFORMANCE BQiVD
Page 3 of 3
1
2
3
4
5
6
7
Witness as to Surety
Austin, TX 78759
Tetephone Number: 214-989-0Q00
S *Note: If signed by an officer of the Surety Company, there must be an file a certified extract
4 from the by-laws showing that this person has authority to sign such obligation. If
10 Surety's physical address is different fram its mailing address, both must be provided.
11
12
13
The date of the bond shal I not be priar to the date the Contract is awarde�.
ClTY OF FpRT WORTH WATER IMPROVE3�tEM'S TO SERV E ALG STORAGE AVONBALE HASLET
STANDARD COhiSTRUC710N SPEClFICA770N D�CUMENTS CiTY PRp7�CT No.102522
DEVELOpER AWARDED PItO]ECTS
Revised 7armary 31, 2�12
Bond #4433600
Q052 [4- 1
PAYMENT SOiYD
Page 1 of 2
l
z
�
4
5
6
SECTION 00 GZ l4
�Arn�Errr BOND
TAE sTaTE oF TExAs §
�
COUNTY OF TARRANT §
That we, Reliabl� Pa�ing, Inc_
KNOW ALL BY THESE PRESENTS:
known as
7
8
9
10
]1
12
13
"Principal" herein, and SureTec Insurance Company , a
co�o�'ate surety { or sureties if mare than one), duly autharized to do business in the State af
Texas, known as "Surety" herein (whether one ar more), are held ar�d firmly bound unto the
Develaper, ALL STORAGE AVONDALE LLC, authorized to do business in Texas
"{Develoger"), and the City of Fort WarCh, a Texas municipal corporation {"City"), in the penai
14 SU�]'1 0� Two Hundred Ninety Three Thousand Six Hundred Twenty Nine and Q0/100 Dollars
1S ($ 293,629.00 ), lawful money of the United States, to be paid in Fort Worth,
1 G �'arrant County, Texas, for the payment af which sum well and truiy be made jointjy unto the
17 Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators,
IS
19
26
21
22
successors and assigns, jointly and sevarally, firmly hy these presents:
WHEREAS, Developer and City have entered into an Agreement for the consq-��ction of
comrnunity faciliiies in the City of Fort Worth, by and through a Com�nunity Facilities
Agreement, CFA Number - �D ; and
WHEREAS, Principal has entered into a certain written Cantract with Developer,
23 awarded the p""'� day of �ct.r�e , 20 2p , which Contract is hereby
24 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all
25 materials, equip�nen�, labor and other accessories as defined by law, in the prosecution of the
25 Work as provided for in said Contract and designated as Wt1TER IMP�tDVEML°NTS TD SERVE
27 ALL STORAGE A YONDALE HAS�ET.
28 NOW, THEREFURE, THE CONDITION �F THIS OBLIGATION is such that if
24 Principal shall pay all monies owing to any {and all) payment bond beneficiary (as defned in
30 Chapter 2253 of the Texas Government Code, as arr�eztded) in the prosecution of the Wark under
3� the Coniract, then this obligation shall be and become null a�d vaid; otherwise to reraain in full
32 force and effect.
CITX OF FORT WpRTH WAT�R IMPROV�3I�IENTS T� SEItVE ALL STORAGE AVONDALE HASLE3'
STANDA3tD CONSTRUCTIO[�[ SPEC[FiCATIQN DOC!_iMEN1'S CiTY PROJECT No. ID2622
�EVELQPER AWARDED PROJECTS
Revise�i Jantssty 31, 2�12
00�2 �a-z
PAYMENT BOi+FD
Page 2 of 2
1
2
3
4
This bond is made and executed in compliance with the provisions of Chapter 2253 of the
Texas Government Cade, as amended, and all liabi�ities on this bond shail be determined in
accordance with the provisions of said statute.
�.N WITNESS WHEREOF, the Principal and Sursty have eac� SiGNE� and SEALED
5 this instrument by duly autharized agents and officers on ihis the ��p*� day of
6
�i.t,v�_ ,�, 2Q ?� .
7
ATTEST:
- .� �
{Principa�} Secre
r � _�...-��.._�
..�__�. .
Witness as ta Principal
ATTEST:
t�:�l1� t�,:�:�.�.
(Surety) Secretary
PRINCIPAL:
Reliable Pa�inq, Inc.
BY: �`'
Signature
'- -�,;���-- �� t . �� ,�. �; _ � ���,a:.�r��,�-
Nam� and Title
Address: �gD3 Peyco Drive North
Arfington, TX 76D01
SURETY:
SureTec Insurance Company
�-.
SY: � i ` � � �` i�t` "�,��
Signat re
Sophinie Hunter, Attorney-In-Fact
Name and Title
h Address: 9737 Great HiEls Trail, Suite 32�
a, � Austin, TX 7$759
\
Witness as to Surety
Tele�hone Number: 214-989-0000
8
9 Note: If signed by an afficer of the Surety, there must be on file a eertified e}ctract from the
10 bylaws shawing �hat ihis persan has authority ta sign such obligation. lf Surety's physical
I 1 address is different from its znailing address, both must be provided.
12
I 3 The date of the bond shall not be �rior to tlie date the Contcact is awarded.
14
END OF SECTION
C1TY OF FORT WOR77-I WATER IMPROVEM6NT5 TO SERV� ALL STQRAG6 AVQNDALE HASLET
STAN�ARD CqNS1RUGTt03�i SPECIFICA'I'!ON Dt7CL1MENTS CITY PR�JECT No. I �2622
p�VELOP�RAWARL�ED PROlECTS
Revised lanaary 3l, 2012
v 'y ,. {lD 62 ]9�- i
MAIIVTENAt+iCE BOND
Page f of 3
I
2
3
4
5
6
7
THE STATE OF TEXAS
COUNTY OF TARRANT
8
That we Reliable Paving, Inc.
SECTIaN UO 62 19
MA�NTENANCE BOND
§
§ KNOW ALL BY THESE PRESENTS:
§
9 "Principal" herein and SureT�c Insurance Campan
known as
a corporate surety
14 (sureties, if more than one) duly authorized to do business in the State of Texas, known as
11 "S�rety" herein {whether one ar more}, are held and �rmly bound unto the DeveEoper. ALL
12 STORAGE AVOND,AS,E LLC authorized to da business in Texas ("Developer") anci the City
13 of Fort Worth, a Texas municipal corporation ("City"), in the sum Two Nurtdred �line#y Three
14 of Thousand Six Hundred Twent Nir�e ancE 001100 Dotlars ($ 293,629.00 � },
15 law€uI money of the United States, to be paid i� �'art Worth, Tarrant Cot2nty, Texas, for payment
16
l7
18
19
20
21
22
of which sum well and tr�ly be znade jointly unto the Developer and the City as dual obligees and
their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns,
Jaintfy and severally, firmly by these presents.
WHEREAS, Developer and City have entered into an Agreement for the constructaon of
cornmunity facilit�es in the City of Fort VNorth by and through a Comm►�nity Facilities
Agreement, CFA Number 2t� — fa0,(a � ; and
23 WHEREAS, the Principal has entered into a certain written contract with the Developer
2a awarded the 3p�' day of �i.e. 20'�-t7 , which Cantract is
25 hereby referred to and a made part hereof far all putposes as if fii11y set foRh herein, ta fumish all
26 rrfaterials, equipment lahor and other accessories as defined by law, in the Prosecution of the
27 Work, including any Work resulting fron;z a duly auti�orized Change Order {collectiveiy herein,
28 the "Work"} as provided for in said Contraet and des�gnated as WAT�R IMPR4YEMENTS TD
29 SERYE ALL STDRAGE AVONDALE HASLET.• artd
3Q
31
32
33
34
WHEREAS, Principal binds itsel�'to e�se such nnaterials and ta so canstruct the Work in
accordance with the pians, specificatians and Contract Documents that the Work is ancf will
remain free from defects in materials or warkrnanship far and during t.�ie period of two (Z) years
after the date af Final Acceptance of the Work by the City {"Maintenance Period"); and
C['fY OF FQRT WORTH WATER IMPitOVEMENTS "i'O 56RVE ALL STORAGE AVQNDALE HASLET
STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS CITY PROlECT No.l Q2522
DEVELOPER AWARDED PRO]ECTS
Revised Janusry 31, 2012
00 62 19 - 2
MAINTENANCE BOND
Page 2 of 3
CITY OF FORT WORTH WATER IMPROVEMENTS TO SERVE ALL STORAGE AVONDALE HASLET
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.102622
DEVELOPER AWARDED PROJECTS
Revised January 31, 2012
1
2 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
3 upon receiving notice from the Developer and/or City of the need thereof at any time within the
4 Maintenance Period.
5
6 NOW THEREFORE, the condition of this obligation is such that if Principal shall
7 remedy any defective Work, for which timely notice was provided by Developer or City, to a
8 completion satisfactory to the City, then this obligation shall become null and void; otherwise to
9 remain in full force and effect.
10
11 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely
12 noticed defective Work, it is agreed that the Developer or City may cause any and all such
13 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne
14 by the Principal and the Surety under this Maintenance Bond; and
15
16 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
17 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
18 Worth Division; and
19
20 PROVIDED FURTHER, that this obligation shall be continuous in nature and
21 successive recoveries may be had hereon for successive breaches.
22
23
oabz i9-�
�tA[NTENANCE HO1VD
Pagc 3 of 3
� IN WITNESS WHEREOF, the Principal and the Surery have each S[GNED and SEAL�D this
2 instrument by duly authorized ager�ts and o€ficers on this the �p�°'' day of �u.�.¢,
� , 20 Zt� .
S
6
7
8
9
�a
11
12
13
l4
15
16
17
]8
19
24
Zl
22
23
24
25
2�
ATfEST:
(Princ p ) ecretary
�`�,��_
Witness as to Principa]
27
28
24 ATTEST:
30 ��
31 '��'u— �LL�--s
32 �.,{Surety} 5ecretary
33 � �
34
35 Witness as to Surety
36
37 *Note
38
39
44
4]
:�a
PRiNCIPAL:
Reliabfe Pavinq, Inc.
BY: _ �V ��
Signature
��9-C?'�!_r - '� '_c:'. - _ (�'�y_ �(j6_.h�
Name and Title
Address: � 9�3 Peyco Dri�e North
Arlington, TX 76001
SL}RE7'Y:
SureTec Insurance Coinpany�
BY: __ _�-��rLI,J� t�„�.�8�°��
Si�nature
Sophinie Hunter, Attorney-In-Fact
Name and Titte
Address: 9�37 Great Hills Trail, Suite 320
Austin T 7 7
Telepi�one Num6er: 214-989-00(}0
If signed by an ofxicer af the Surety Gampany, there must be on file a certified extract
frotn the by-laws showing that this person has authority to sign such obligation. If
5urety's physical address is different from its mailing address, bath m�st be provided.
The date of Che bor�d shai! not be prior to the date the Contract is awarde�.
CITY OF FORT WOEiTH WATER IMPROVEMENTS Tp SERVE AI.L STOEtAfi� AVONDALE !-[ASLET
5TA[YDARI) CONSTRl1CTION SPECiFICATIaN ppCUMENTS C1TY PROJECT No.102622
DEVEi,QAER AWARAED PROlECTS
Revised January 3�, 20k2
DEVELOPMENT BOND
GUARANTCE�NG PERFORMANCE
AND PAYM�NT OF iMPRQVEMENTS
Bond No. E38817�
KNOW ALL M�N BY THES� PRESFNTS, that we, All Stqrage Avo_ndale, LLC (82 West
Armstrong Drive, Mustan�, OK 73064), as Principal, and Great American �urety Company, a
corporafion organized and existing under the laws of ttte State af Texas and fully authorized to
transact business in the State of Texas, as surety, are held and firmly bound unto CITY OF FORT
WORTH, TEXAS, 1000 Throci�morton Street, Fort Worth, Texas, 761Q2, as Obligee, in the penal
sum of T�vo Hundred Ninet Three Thousand Si� hn�dred Twen Nine and 00/100 $293 629.04
lav�vful r�toney of the United States of America, for the payinent of which welf aud truly to be made,
we bind aurselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, �rml,y by #hese presents.
WHEREAS, Al[ Storage Avondale, LLC has agreed to construct in Tarrant Countv /
subdivision All Stora�e Avondale Addition, i� the C1TY OF FOAT WORTH, TEXAS the following
improvements:
Water Lines/Tr►�provements
WHEREAS, in the event of bankruptcy, default or other nonperforma�ce by Principal,
claims against Principal ar the development, Obligee may be left wit�eout adeyua#e satisfaction.
NOW, THER�FQR�, TH� COND�TION �F THIS OBLIGATION IS SUCH, that if the
said Princi�ai shall construct, or have canstructed, the impravernents herein described, and shall pay
for the cost of all labor, materials and equi�ment furnished in connection r�vith the canstruet�on of
said improvements, and shall save the Obligee harmless fro� any loss, cost or damage 6y reason of
its failure to complete the construction of said im�rovements or by reason of its failure to pay for the
cost of same, tben this obligation shal� be nul[ and void, otherwise to remain in full force and effect;
and upan receipt of a c[aim by #l�e City of Fort Wortl� indicati�ng t�eat the construction of said
improvements has not been completed, or that the costs for same have not been paid, the Sure�y will
pay to the City oi Fort Worth such amount up to the amount of this bond which wiFl allow the City
of Fort Worth to complete construction of said i�nprovements and ta pay for the casts of satne.
We hereby agree with you that the draft(s) drawn under and in co�npliance wi#h the terms flf this
bond will be duFy honored upan presentation at:
Great America�a Iusurance Com an mail code: N/A,
301 E. Forth St, Cincinnati, OH 45202
Attn: Kristie Paolozzi or by facsimile to Great Aenerican Insurance Compan�
�'ax Number: (SSS724b-IOQO confirnned by a phone ca[l ai (804)531-7512
PROVIDED FUIdTHER, that this bond shall automatically be inereased by t�e amount of
any change order, supplemental agreement or amendment, �vhich increases the price of the
aforementioned contract.
PROVIDED FURTHER, that if any lega� action be filed on this bond, the la�c�vs of the State of
Texas shall apply and that venae shall lie exclusively in Tarranf County, T�xas.
AND YROVIDED FURTHER, that the said surety, for value receiv�d, hereby stipufates and
agrees that no change, extension of time, alteration or addition to the terms of any contract for the
public affect its ohli�ation an this bond, and it does hereby waive notice of any such change, exte�sion
of time, alteration or addition to the terms of such contract.
This bond is given pursuant to the provisians of Section 212.073 of #he Texas Local
Gavernment Code,
Signed,
rnav amended from tirne to time.
d dated this 26t'' day oi June, 2020
ALE,LLC
By: � .
Mark�Vl��o��vell, Manager
GREAT AMERICAN SURETY CO.
Suret� � �
sy: � ����0�
Rem�� Bickoff, Attorney-in-fact
GREAT AMERICAN INSURANCE COMPANI(°
Administrati�e OfFice: 3by E 4TH STREET • CINCIIVNATI, OHIO 45202 • 513-369-50U0 • FAX 513-723-274U
The r�urnber of persons aathouied 6y
this power of attorney is not more than one
Bond No. E388174
P{IWER OT AT'1 O[�1�'Gk'
KNO�'�' A LL MEV BY THESk: P�ik:Sf��'�S: That the GREAT AMI:RICAN INSURA[VCE CONfPAI�Y, a corporation organ.ized and exisiing under
and by virtue nf the laws of the State oF Ohio, does iaereby nominaCc. constitule and appoint the person or persons named below ils trve and lawful attarney in
fact, ii�r it and in its name, ��lacc and stead to zxecute on bcl�al f of the said Company, as stirety, the spcci fic be�r�d, undertakinQ or contract o�suretyship re%renced
herein; provided [hat thc liabilit� of thc saici Cuznpany on any such Uond, undert�tn`_= or contract of sure��ship execuied under t►tes auttaorily shall aao[ exceed
the I'smic slaied t�elo�v. The �ond number ori this Power pf r�ttorney aaiusi anatch the hnnd numher on the bond to evhic�h it is attaehed or i� is invalid.
Nanre Address Limit of Power
Remy Bickoff 26Q1 Main St. Ste 72D $293629---
Irvine, CA 92614
IN WITI�I�SS WHE�2EOF the GR�ATAMH'R[C.AN iNSURANCE CQI�IPANY has cause�I chese �resents to I�e signed and attested by i�s appropriace
offtcers and its cnrporate seal herenuto afii�;ed this 26th day o[ Jurse 2020 .
Attest GRGAT AMERICAN [nSUR��CE COn�I�'ANX
�4r �k,�"�M.1
`�:��.�a . .
,�ssis�ant Secrctary
�:
Dirra�iorra! Ser�ior YiceYrx�a�ide771
STATE OF 0]-�IO. COUNTY OF HAIY[ILTQN - ss: r�aaxvicaaia{a�7-s�7-zan5y
�n lhis 26th day of Jvne 2020 , hefore ine persnnally appeared Ivir�RK ViCARTO, to me know�i,
beiaag duly s4vorn, deposes a��d says that he resides in Cincinnati, Qhia, that he is a Divisiunal Sca�ior Vace Preszdcal af lhe Borzd Diviszon af Gecat Ainerican
[nsurapce Cott�pany; ihe Company described in and wlii�li cxccutcd Chc above inscnjrnent; that he knows the seal of tt�e said Co�z�pany; that the seal at�ixed Cc� Che
sa]d �nsfruitaent is such corporate seal; that it was so at�txed by' �uthonty oYh[s aiiice under the By-Latin=s ofsaid Company, and that he sianed his name thereto
by like autl�ority. �
�
i.
S��'�;' �t�N��
i�f�:� Pitblit
��� � �h+iGs .
�aty �orr�. E�§�
�� ��� ��
��� � �-
This Power of �ttomey is granted hy autliDrity of the f�ll�tiving resolutions adopted by tl�e Board of Directors of GreatAmerican �nsurance Compdny
by unanimous written consent dated June 9, 2008.
RE'SOG VE'D: TJt�t d�e Divistonal President, the sever-al Dif,rsional ,Senror G4ce Prpsider�ts, Divisronal V'ce PresJdents and Divrsanal Assi,stant Uce
Presidents, or any one of r6e�n: be arrcf he�rUv is acrlhori�eci I'rnrn (ir�ic to lirrte, to appoir�l one or rnorc ACrozneys ir� haa io execute orr behalf of tfze Cornpany.
as surecy, any a1�d a11 bn��ds, urrdertakings arirl co��rr�cls olsuretyship, or o(irer wzt(ten o6ligal�ons in (he nature �lxereof, to presc��iGe their respective duties and
�I�e respective lln�lts oftlreir authoriiy; a7rd lo teioke any such appoipltnent at arly fin�e.
RESOLl'E'D FliRTf�F.'H, Thcrd (he Conapun�� s•ea! a»d 1he sr5nafure of a�ry o/ flie a/oresuad o�c�ers und a�ay .Sec� eiar�� or ,-issrsrarat Secrela� y of ti�e
C'orrrpany� nia); be a�ixed by f�csrm�le !o crtxj� puzver vf a�lorne�- ur cer-Irficclle. of eilher �eveiz for Ihe execxrfrun vf an}- ����� i�nclertakii�g, confrcrci of suretL�shfp,
or o(her v✓r111en o6ligauorl tn tlae nature rhereof, such signaturp al�d seal ulaen so used beL�g herehy adopted 6y the Compal�y� Ns 1he c�ngLaal signature ofsuch
offrcer arad tl�e orfgii�al se�1 uf rhe Co�nperny. 10 be ralid ancf hinding upon !he Cvmpany zvelh tTee sanae force and ef'f'est us ihough nsc�nuallt� affiaed
c�����rc��� �on
I, STEPHEN C. $L.RAI 1A, Assistant Secretary of Great American Tnsurance Company, do hereby certiiy that the foregoing Pawer ofAttorney and
the Resoiut�ons of Lhc Soard of DfrecLnrs of June 9, 200R have nol been rcvokcd and arc notiv [n Cull furce and eficct_
Signed and sealed this 26th
�""�
s
�,y�� � ,
�
day of J�ne
2020
-�
�
�
Assistant ticcretary
Si 194E (�5120}
�,t�� �,, 4221Q97
�
��.������ ������. �� ��������
ftr�acrry :1PP �i/�f2 d�y 7'fte,�'� �'�cserais, 7'hnt SUR�'�I'�;C I�1��SI.�f�:��C�; C�tv�l'!�£��' (�tlte "Co€�i�?any'°�, a ca�orati�:� duly t�r�a��izes� tinc3
�xist�r�� �t€�c�e�� Cl�e la�vs �f �h� �iaF� €�f Texas, �i�c9 i�av'rnb its princi�sal ot��ee €a� [-Ic��ts�c�t�, I-I�r�-is Cc�tta�tty', Te�as, docs �� these pz-Lse��ts
i��akc, � ons�itute anct ��point
Don E, Cornell, Ricardo J. Reyna, Sophinie Hunter, Robbi Morales, Kelly A. Westbrook, Tina McEwan, Joshua Saunders, Tonie Petranek
ity t�-ue an�i Iau�fui Atto�•i��y-in-Fact, �vith �ull �a��v��� a�a� a�ithE3ri�y ��e���t�ry ec��7.terreti iea its na�ne; }�lacc and st���d, ro exec�,�te, ackrlou�i�ci�,�:
a��d e�el€v�r a�7y �i�zc� atl bo��cis, t�eco<�t�iza��cs;s, �i��e�ea-ta�m���s t�r c,d��: a� instt����-nents or ccrnt�-acr� af s�rety�ship to a��clucle ���aive�s ec� th�
es�3��iifio��s c�f cc�ntrG�cts and cc���sea�ts cjf s�ac-ety fc�r, �rc��ic�in; th� %c��1cl penalty ciaes �i�t e_xceed
Five Miliion anc� 00110� Dollars ($5,000,000.00)
�.ezd tc� bi�d t(��e �o���}�ai�� t1�e��e��} a� fi�tly �€�d t� t(�e s�7��e �xt�s�t �s 4f sti�ch Yiun� i��e� si�t��d t�y tlze I's-esiciel�t, sealec� ���itl� tkie c����po��aie
se�i vf ���e �fl�n�any ao�d duly a�t�s�ed %�� it� �ecret�q-y; E��;�e��� �-atifvi€t� 2,nc� ccs���ire=�ir;� �ll #����t t}�� s�id A€tor��e.y�-i��-�=a�t i���y c9« i;� th�
���r�r�lises. ���d ap�oit�trner�t is rnnd4 t�nder arici �ay auth�rit� crf Cl�e foC1t�«;�in=� res�lut��ns c�� t��e $��rd o� Uirectc�rs of ti�e �ur�7'ee
In�u���i�e� C'or���.»ny: �
i3c sr I�e.snl��cri. �1�1t ths; l�r�s�t��:nr_ �ny Vicc-t'���;sicicnL any� ,�ssis�a��[ Vice-�'resic�ent; a�t�� �cc��eta��v ar �siy ,�1s,is�ant ScereLary s���ll be a��d i�
f�erel�� ���sied titiitl� tull j�o4�er anct ���t;�c�ritv Cc� a���c�int ���y one ��r t�nc�i�� ;��ilf��l� �ersons sx� ACt�i>r��ey(s}-i:�-§"aet� tc� ��e�3resezu ��€7�i ��ct f�r ui.��� �;3
bei��iEi'ai�tl3G Con�pant subjec€ t�3 t1}e follc,u-in� �rc��isin��s:
�,tr�r�7u;y-in-Iacr nta�' he ;is��n fuli �?o�Fcr an� �t�rt��ority f��r ���� e�� the r�arn� E��f a���-[ i�t� bc,l�aif vY tl�e C't�inpar�}�, t� c�.euute. ��cl:n�itivlGd�e a�cl
ctc�3i�,��;r, ����4� 1��� �!3 bonEi,, i�eco�i.�i�<tr�ees. et3iiti-acts_ a�?�recn.��i�ts �r ine�c;��nit�� �r�d ait�er ctirtc�iiionat «r ot�ii�;a[t�r}, �ndertaki€t�s aE�cE u€��� �a<d alf
n�:ice� �n�� tlocurnen�s car�celi��� s�r �er�in��Ci€t� ihu C;crr����a�zy's li��bil�ty tl�ercuEi�e�-, a�ic� ��,��� sucia i�a.tre�;»�E�ts so e��c€��ed b� �r�y- sucl�
r'�t[nrr�e}'-�3�-�'act st���ii �e h€n�3ir�� u}�r�s� tl.�c Corn�a�i}' as i� si�«�d hy� ttte Pce�[d�i2t �����I se1led a�d e!'fec��cf b7� �he C�>�-pu�-arL Secret�sr��.
�3c r� f�c�sv(v�ct, t�}rat Lha si����t�€re �>f ��3� r���[l3ori��d c�fEEcc�r ansl ,s;;sl r��thW Cc����3���iy herctcsfJrc c��� h�rcaftcr afiix�d �i7 anv �o�,�er oi` attE>���cy ;��
ary ,�nii�;at� r�Ea*,in� tl.�ei�eto b�� facsi��liie; and �ui.�y ps�cve�� �?f' atta�ii��� or cer�itic�t�. beari��� facsirnil� si�r��eEErz €sr Iac�a��ile se11 sh�l� bc; ����i:�l
an�� l�inci�n� «por� Iltu C�€i��7���y �vi�', ��esiseet tn <�ni� l>�snd or €�.ndeetaki�,� tt� wl�iclt ii is �itaci�tid. (r��c���x��ri ai a rz2�etiry lrelc�t r�r� 21��r� oj��9��riF,
{�1��9_t
�r� �-affa�,�.s ��'lae���€�f, �tJ��"�`�C l?����N�.r1.��'� CC)t�E'."��l�' ���s e��sec� tl�ese �r�senis t�o 17e s't�i�ed by its Pcesic�e��t, a�d it� corpo�-aie s��t3
tc� be h�:reto �if�Y�d th[� zsih c��v o�� apr� ,'�.I3, zo2a .
St���e ���f "i,e�as ss�
�ounie- c�f�F[arr:s
��';�:��� :;::,�zs
I,%v °
� w, � _
z{ ' -
P �R €, �.,'r � -
����' �. �� � � .s�`
���''�� .,,�.n„
`iEit��T�C II�'sIJi2.�(4��� �.�3�'a�p'i$,1��'
gp � v ��
�� ��.� � � �,�r�
IY�; s r p:`
li'�ac[�aeE �'. }�e��a€6�, �re�sc�eni� �
Ui� tI�is za�n �i��� crf' �.p��� r^..L). zo2o be?aa-e r���L ��ers«r��ll>� ea�r�� ;�#icf���l C. Kei�i�. [o me k€i�t�vr3, �I�o_ �c�ii�� ��;- E�a� �1ui;� s���o��n� c?i� �lepos� t��n�� s���.
tl�t��t' ho ���i�1eS i�� 1-icusto€�, ie�as, i�at he is F'rc,ir3ei�t o?SU�iET�C l"�((�IJTt-�'.�C�; �Qivtt'f'.�1Y', fhc c�mpany d�scrtl�u� t�� a��d ���ioh ececuie�� t�� <�h;3��c
i���u�uinent: tt�at he �.��t�Lvs t(i� s��l e�f said Cc�mpai�y°: !ha� tl�e s� al z�f�xeGl t<3 s�i�i i��strun�ent is si�ciz eur��c�rate �c�i; �i��t it �at�s so �f �x�U �}� €>r�er iiF il�e
13��rc� c�i I3irLc€pi-s bi�s<�id Co�r�ra�,�t�: and t[� �t hc sig�3�c� his n�rne tl,eretu E�y lilce ordcr,
��, � ���� �
� ,,,•£<.:�� z; � "�����$�� ��� fn �
�� � �.et � � �° P�� �`� �;, ;��i� � .�-� �
� �, �' r
� - � �`� � t����*` �€°�� �� ���� �
� � �,
� "';r� `��z` ;�sf���e �����,�,�'.{ �
�r < ��e,�,� �
�� �;���x��:�;�- a�� �:�:��o: �� �.�:�ae��.���� ,
;•.
�..,e.,
.¢$s �
_. .�.
�_ � � ..� ����
.
'� �nva ��a�ed, i�€st��=y T'�biic
[�Ty� cc�rnrr��ssi�c� ex�Y�-tS .Mat�c(� i€7, ?£�?3
t. h1. �3r�r�t �3eaty. ��ssistant Sccreta�7� o:#�S�1�Zq�� t'k;C� I��1SU�t<��tiC'E �C)��IT'r���', do he3-e.�y� ceitify that �F�e �[xar•a ��nd �c�€���oar�� is a t�-ue �rid co� rect ct��Y
ef' �� �'o��eE• o� Ai[ori�ey, eteu�Eted h}� said Con���ar�}, i��h€ch �s stili i�� fuil �(�cr�-�e an�! effeet; a�lc� fu�tiier�n4�ire, ihL re,ol���ic�ris of il}c %�3�arrJ of Cai�-e�:tors, �et
<;ut i�i tl�� E'otti�e�- of Atto�•nev �r� ir� C��ii forcu an�� �fFect.
�iver� t�r�de�� c�t�v h�a�d ��d the seal c�f said C�rz��any at F�c��.is�c���, "["exas this da}s o.i_ r`�' . A�D_
� � :.� � � � �;d�,.._
� , � � � �= � ?
� �� �
� Y �_ ,�, �; � � r:
� ; =
:� � 9 § �.y_;r �, „ ,
= � �
;' .... ............ _�..,_._ �..��,.�__... .
�I.. i�re�:t l�e�t;�•p �ss€st��t��Sec�etaa-��
�iny instru���rt iss�s�d in excess c�f t�� p�s�alYy �ta�ee9 a�s�ve is TcY�sElyr;;sa€ci �n� �i�hr�ut a�.y v�tidiiy. 422'i097
F�r varification ea¢the �ut�ur9:y of th€s p�awes you rr�ay eail (7'i3j $1��!3&(34 any:,��'sns�ss cf�y �aet�rre��a $:3� aan a€acs S:Qfi prr� C�i.
SureTec Insurance Campany
IMPORTANT NOTICE
Statutory Complaint NoticelFil�ng of Claims
To obtain informa#ion or make a complaint: You may call the Surety's toll free telephone number for inforrr�ation or to make
a complaint or file a claim at: 1-866-732-0099. You may alsa write to ihe Surety at:
SureTec Insurance Campany
9737 Great Hills Trail, Suite 320
Austin, TX 78759
Yau Tnay contact the Texas pepartment of Insurance ta obtain informaiion an cornpanies, co�erage, rights or camplaints
at 1-800-252- 3439. You may write the Texas Department of Insurance at:
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-490-1007
W�b: �;r�r:r;;,r>',nr:,1r F�ii.Tr=�:�: ;.��ut:
Email: ConsumerProtection@tdi.texas.go�
PREMIUM OR CLAIMS DlSPUTES: Should you have a dispute concerning your premium or about a c�aim, you should
contact the Surety first. If the disp�te is not resolved, you may contact the Texas Departmeni of Insurance,
`r'eaas Riacr Sizo19
SureTec Insurance Company
THIS BOND R�DER C�NTAINS IMPORTANT COVERAGE [NFORMAT�ON
FORCE MAJEURE RIDER
The obligations of the Surety and Principal under the Bond or Bonds to whiGh tf�is Rider is
annexed are subject to the fol�owing limitations and conc�itions, ta wit: that, it is a cc�ndition
precedent to their liability hereunder that the �ontractual obligation �the contract or
subcontract, as th� case may be, bei�g referred to in this Rid�r as the "Contract") between
the Principal and the Oblige� underlying this Bonci in�lud�s (or shaEl be considered amended
to includej a Force Majeure exclusion holding tt�at the Principal and rts Sureties shalf not be
held liable under this Bond or und�r the Cantract for any impacts, delays, defaults, or
damages related to Principal's work arising from, or related to epidemics, pandemics,
medical emergenci�s, supply line interruptions, or naturaf disasters fmpacting the work
required by the Cantract, regardless of where such e�ents occur, acts of God, terrorism,
war, acts of governmen�t or administrati�e suspension, limitation, or sh�t-down, or �he
direct or indir�ct consequences or a#termath of any of the foregoing, and the Contract
further pro�ides t�at the Principal shall i�e entitled to an extension of the Contract Tim� ar�d
an eq�aitabl� adjustment of the ContraCt Price, as a result of any of the exclusions
heretofore cited. In th� event the pra�isions for farce mafeure, time extensions, or
equitable adjustment for time and mortey are mor� favorable to PrinCipai in t�e Contract,
than in this Rider, the more fa�orable shall apply.
Revised 3-2009
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1 – Definitions and Terminology .......................................................................................................... 1
1.01 Defined Terms............................................................................................................................... 1
1.02 Terminology .................................................................................................................................. 6
Article 2 – Preliminary Matters ......................................................................................................................... 7
2.01 Copies of Documents .................................................................................................................... 7
2.02 Commencement of Contract Time; Notice to Proceed ................................................................ 7
2.03 Starting the Work .......................................................................................................................... 8
2.04 Before Starting Construction ........................................................................................................ 8
2.05 Preconstruction Conference.......................................................................................................... 8
2.06 Public Meeting .............................................................................................................................. 8
2.07 Initial Acceptance of Schedules.................................................................................................... 8
Article 3 – Contract Documents: Intent, Amending, Reuse ............................................................................ 8
3.01 Intent.............................................................................................................................................. 8
3.02 Reference Standards...................................................................................................................... 9
3.03 Reporting and Resolving Discrepancies....................................................................................... 9
3.04 Amending and Supplementing Contract Documents................................................................. 10
3.05 Reuse of Documents ................................................................................................................... 10
3.06 Electronic Data............................................................................................................................ 11
Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points........................................................................................................... 11
4.01 Availability of Lands .................................................................................................................. 11
4.02 Subsurface and Physical Conditions .......................................................................................... 12
4.03 Differing Subsurface or Physical Conditions ............................................................................. 12
4.04 Underground Facilities ............................................................................................................... 13
4.05 Reference Points ......................................................................................................................... 14
4.06 Hazardous Environmental Condition at Site .............................................................................. 14
Article 5 – Bonds and Insurance ..................................................................................................................... 16
5.01 Licensed Sureties and Insurers ................................................................................................... 16
5.02 Performance, Payment, and Maintenance Bonds....................................................................... 16
5.03 Certificates of Insurance ............................................................................................................. 16
5.04 Contractor’s Insurance ................................................................................................................ 18
5.05 Acceptance of Bonds and Insurance; Option to Replace........................................................... 19
Article 6 – Contractor’s Responsibilities ........................................................................................................ 19
6.01 Supervision and Superintendence............................................................................................... 19
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
6.02 Labor; Working Hours ................................................................................................................ 20
6.03 Services, Materials, and Equipment ........................................................................................... 20
6.04 Project Schedule.......................................................................................................................... 21
6.05 Substitutes and “Or-Equals” ....................................................................................................... 21
6.06 Concerning Subcontractors, Suppliers, and Others.................................................................... 24
6.07 Wage Rates.................................................................................................................................. 25
6.08 Patent Fees and Royalties ........................................................................................................... 26
6.09 Permits and Utilities.................................................................................................................... 27
6.10 Laws and Regulations ................................................................................................................. 27
6.11 Taxes ........................................................................................................................................... 28
6.12 Use of Site and Other Areas ....................................................................................................... 28
6.13 Record Documents...................................................................................................................... 29
6.14 Safety and Protection .................................................................................................................. 29
6.15 Safety Representative.................................................................................................................. 30
6.16 Hazard Communication Programs ............................................................................................. 30
6.17 Emergencies and/or Rectification............................................................................................... 30
6.18 Submittals.................................................................................................................................... 31
6.19 Continuing the Work................................................................................................................... 32
6.20 Contractor’s General Warranty and Guarantee .......................................................................... 32
6.21 Indemnification ......................................................................................................................... 33
6.22 Delegation of Professional Design Services .............................................................................. 34
6.23 Right to Audit.............................................................................................................................. 34
6.24 Nondiscrimination....................................................................................................................... 35
Article 7 – Other Work at the Site................................................................................................................... 35
7.01 Related Work at Site ................................................................................................................... 35
7.02 Coordination................................................................................................................................ 36
Article 8 – City’s Responsibilities................................................................................................................... 36
8.01 Communications to Contractor................................................................................................... 36
8.02 Furnish Data ................................................................................................................................ 36
8.03 Pay When Due ............................................................................................................................ 36
8.04 Lands and Easements; Reports and Tests................................................................................... 36
8.05 Change Orders............................................................................................................................. 36
8.06 Inspections, Tests, and Approvals .............................................................................................. 36
8.07 Limitations on City’s Responsibilities ....................................................................................... 37
8.08 Undisclosed Hazardous Environmental Condition .................................................................... 37
8.09 Compliance with Safety Program............................................................................................... 37
Article 9 – City’s Observation Status During Construction ........................................................................... 37
9.01 City’s Project Manager ……...................................................................................................... 37
9.02 Visits to Site ................................................................................................................................ 37
9.03 Authorized Variations in Work .................................................................................................. 38
9.04 Rejecting Defective Work .......................................................................................................... 38
9.05 Determinations for Work Performed .......................................................................................... 38
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
Article 10 – Changes in the Work; Claims; Extra Work ................................................................................ 38
10.01 Authorized Changes in the Work ............................................................................................... 38
10.02 Unauthorized Changes in the Work ........................................................................................... 39
10.03 Execution of Change Orders....................................................................................................... 39
10.04 Extra Work .................................................................................................................................. 39
10.05 Notification to Surety.................................................................................................................. 39
10.06 Contract Claims Process ............................................................................................................. 40
Article 11 – Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement...................... 41
11.01 Cost of the Work ......................................................................................................................... 41
11.02 Allowances .................................................................................................................................. 43
11.03 Unit Price Work .......................................................................................................................... 44
11.04 Plans Quantity Measurement ...................................................................................................... 45
Article 12 – Change of Contract Price; Change of Contract Time................................................................. 46
12.01 Change of Contract Price ............................................................................................................ 46
12.02 Change of Contract Time............................................................................................................ 47
12.03 Delays .......................................................................................................................................... 47
Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 48
13.01 Notice of Defects ........................................................................................................................ 48
13.02 Access to Work ........................................................................................................................... 48
13.03 Tests and Inspections .................................................................................................................. 48
13.04 Uncovering Work........................................................................................................................ 49
13.05 City May Stop the Work ............................................................................................................. 49
13.06 Correction or Removal of Defective Work ................................................................................ 50
13.07 Correction Period ........................................................................................................................ 50
13.08 Acceptance of Defective Work................................................................................................... 51
13.09 City May Correct Defective Work ............................................................................................. 51
Article 14 – Payments to Contractor and Completion .................................................................................... 52
14.01 Schedule of Values...................................................................................................................... 52
14.02 Progress Payments ...................................................................................................................... 52
14.03 Contractor’s Warranty of Title ................................................................................................... 54
14.04 Partial Utilization ........................................................................................................................ 55
14.05 Final Inspection ........................................................................................................................... 55
14.06 Final Acceptance......................................................................................................................... 55
14.07 Final Payment.............................................................................................................................. 56
14.08 Final Completion Delayed and Partial Retainage Release ........................................................ 56
14.09 Waiver of Claims ........................................................................................................................ 57
Article 15 – Suspension of Work and Termination ........................................................................................ 57
15.01 City May Suspend Work............................................................................................................. 57
15.02 City May Terminate for Cause ................................................................................................... 58
15.03 City May Terminate For Convenience ....................................................................................... 60
Article 16 – Dispute Resolution ...................................................................................................................... 61
16.01 Methods and Procedures ............................................................................................................. 61
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
Article 17 – Miscellaneous .............................................................................................................................. 62
17.01 Giving Notice .............................................................................................................................. 62
17.02 Computation of Times ................................................................................................................ 62
17.03 Cumulative Remedies ................................................................................................................. 62
17.04 Survival of Obligations ............................................................................................................... 63
17.05 Headings...................................................................................................................................... 63
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 1 of 63
ARTICLE 1 – DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in these General Conditions or in other Contract Documents, the terms listed
below have the meanings indicated which are applicable to both the singular and plural thereof,
and words denoting gender shall include the masculine, feminine and neuter. Said terms are
generally capitalized or written in italics, but not always. When used in a context consistent with
the definition of a listed-defined term, the term shall have a meaning as defined below whether
capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement—The written instrument which is evidence of the agreement between City and
Contractor covering the Work.
3. Application for Payment—The form acceptable to City which is to be used by Contractor
during the course of the Work in requesting progress or final payments and which is to be
accompanied by such supporting documentation as is required by the Contract Documents.
4. Asbestos—Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
5. Award – Authorization by the City Council for the City to enter into an Agreement.
6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
7. Bidder—The individual or entity who submits a Bid directly to City.
8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid
security of acceptable form, if any, and the Bid Form with any supplements.
10. Business Day – A business day is defined as a day that the City conducts normal business,
generally Monday through Friday, except for federal or state holidays observed by the City.
11. Buzzsaw – City’s on-line, electronic document management and collaboration system.
12. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 2 of 63
13. Change Order—A document, which is prepared and approved by the City, which is signed
by Contractor and City and authorizes an addition, deletion, or revision in the Work or an
adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date
of the Agreement.
14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and
chartered under the Texas State Statutes, acting by its governing body through its City
Manager, his designee, or agents authorized under his behalf, each of which is required by
Charter to perform specific duties with responsibility for final enforcement of the contracts
involving the City of Fort Worth is by Charter vested in the City Manager and is the entity
with whom Contractor has entered into the Agreement and for whom the Work is to be
performed.
15. City Attorney – The officially appointed City Attorney of the City of Fort Worth, Texas, or
his duly authorized representative.
16. City Council - The duly elected and qualified governing body of the City of Fort Worth,
Texas.
17. City Manager – The officially appointed and authorized City Manager of the City of Fort
Worth, Texas, or his duly authorized representative.
18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of
Contract Price or Contract Time, or both, or other relief with respect to the terms of the
Contract. A demand for money or services by a third party is not a Contract Claim.
19. Contract—The entire and integrated written document between the City and Contractor
concerning the Work. The Contract contains the Agreement and all Contract Documents and
supersedes prior negotiations, representations, or agreements, whether written or oral.
20. Contract Documents—Those items so designated in the Agreement. All items listed in the
Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and
the reports and drawings of subsurface and physical conditions are not Contract Documents.
21. Contract Price—The moneys payable by City to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the Agreement (subject to the
provisions of Paragraph 11.03 in the case of Unit Price Work).
22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve
Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance.
23. Contractor—The individual or entity with whom City has entered into the Agreement.
24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 3 of 63
25. Damage Claims – A demand for money or services arising from the Project or Site from a
third party, City or Contractor exclusive of a Contract Claim.
26. Day or day – A day, unless otherwise defined, shall mean a Calendar Day.
27. Director of Aviation – The officially appointed Director of the Aviation Department of the
City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
28. Director of Parks and Community Services – The officially appointed Director of the Parks
and Community Services Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
29. Director of Planning and Development – The officially appointed Director of the Planning
and Development Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
30. Director of Transportation Public Works – The officially appointed Director of the
Transportation Public Works Department of the City of Fort Worth, Texas, or his duly
appointed representative, assistant, or agents.
31. Director of Water Department – The officially appointed Director of the Water Department
of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
32. Drawings—That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Submittals are not Drawings as so defined.
33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
34. Engineer—The licensed professional engineer or engineering firm registered in the State of
Texas performing professional services for the City.
35. Extra Work – Additional work made necessary by changes or alterations of the Contract
Documents or of quantities or for other reasons for which no prices are provided in the
Contract Documents. Extra work shall be part of the Work.
36. Field Order — A written order issued by City which requires changes in the Work but which
does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer.
Field Orders are paid from Field Order Allowances incorporated into the Contract by funded
work type at the time of award.
37. Final Acceptance – The written notice given by the City to the Contractor that the Work
specified in the Contract Documents has been completed to the satisfaction of the City.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 4 of 63
38. Final Inspection – Inspection carried out by the City to verify that the Contractor has
completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in
conformance with the Contract Documents.
39. General Requirements—Sections of Division 1 of the Contract Documents.
40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs,
Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or
circumstances that may present a substantial danger to persons or property exposed thereto.
41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or
possesses one or more hazardous characteristics as defined in the federal waste regulations,
as amended from time to time.
42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes,
and orders of any and all governmental bodies, agencies, authorities, and courts having
jurisdiction.
43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
44. Major Item – An Item of work included in the Contract Documents that has a total cost equal
to or greater than 5% of the original Contract Price or $25,000 whichever is less.
45. Milestone—A principal event specified in the Contract Documents relating to an intermediate
Contract Time prior to Final Acceptance of the Work.
46. Notice of Award—The written notice by City to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein, City
will sign and deliver the Agreement.
47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform the
Work specified in Contract Documents.
48. PCBs—Polychlorinated biphenyls.
49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square
inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and
oil mixed with other non-Hazardous Waste and crude oils.
50. Plans – See definition of Drawings.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 5 of 63
51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with
the General Requirements, describing the sequence and duration of the activities comprising
the Contractor’s plan to accomplish the Work within the Contract Time.
52. Project—The Work to be performed under the Contract Documents.
53. Project Manager—The authorized representative of the City who will be assigned to the
Site.
54. Public Meeting – An announced meeting conducted by the City to facilitate public
participation and to assist the public in gaining an informed view of the Project.
55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday
thru Friday (excluding legal holidays).
57. Samples—Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled performance of related
construction activities.
59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor’s Applications for Payment.
60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon
which the Work is to be performed, including rights-of-way, permits, and easements for
access thereto, and such other lands furnished by City which are designated for the use of
Contractor.
61. Specifications—That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable thereto. Specifications
may be specifically made a part of the Contract Documents by attachment or, if not attached,
may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00)
of each Project.
62. Subcontractor—An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 6 of 63
63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for Contractor and submitted by
Contractor to illustrate some portion of the Work.
64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City
makes an Award.
65. Superintendent – The representative of the Contractor who is available at all times and able
to receive instructions from the City and to act for the Contractor.
66. Supplementary Conditions—That part of the Contract Documents which amends or
supplements these General Conditions.
67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a
direct contract with Contractor or with any Subcontractor to furnish materials or equipment
to be incorporated in the Work by Contractor or Subcontractor.
68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements
containing such facilities, including but not limited to, those that convey electricity, gases,
steam, liquid petroleum products, telephone or other communications, cable television,
water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition.
70. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday,
Sunday or legal holiday, as approved in advance by the City.
71. Work—The entire construction or the various separately identifiable parts thereof required to
be provided under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce such construction
including any Change Order or Field Order, and furnishing, installing, and incorporating all
materials and equipment into such construction, all as required by the Contract Documents.
72. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal
holidays authorized by the City for contract purposes, in which weather or other conditions
not under the control of the Contractor will permit the performance of the principal unit of
work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Intent of Certain Terms or Adjectives:
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 7 of 63
1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as
directed” or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or
adjectives of like effect or import are used to describe an action or determination of City as to
the Work. It is intended that such exercise of professional judgment, action, or determination
will be solely to evaluate, in general, the Work for compliance with the information in the
Contract Documents and with the design concept of the Project as a functioning whole as
shown or indicated in the Contract Documents (unless there is a specific statement indicating
otherwise).
C. Defective:
1. The word “defective,” when modifying the word “Work,” refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to City’s written acceptance.
D. Furnish, Install, Perform, Provide:
1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or
the word “Supply,” or any combination or similar directive or usage thereof, shall mean
furnishing and incorporating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
ARTICLE 2 – PRELIMINARY MATTERS
2.01 Copies of Documents
City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the
Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be
furnished upon request at the cost of reproduction.
2.02 Commencement of Contract Time; Notice to Proceed
The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time within 14 days after the Effective Date of the Agreement.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 8 of 63
2.03 Starting the Work
Contractor shall start to perform the Work on the date when the Contract Time commences to run.
No Work shall be done at the Site prior to the date on which the Contract Time commences to run.
2.04 Before Starting Construction
Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the
Work.
2.05 Preconstruction Conference
Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as
specified in the Contract Documents.
2.06 Public Meeting
Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor
attending the Public Meeting as scheduled by the City.
2.07 Initial Acceptance of Schedules
No progress payment shall be made to Contractor until acceptable schedules are submitted to City in
accordance with the Schedule Specification as provided in the Contract Documents.
ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by all.
B. It is the intent of the Contract Documents to describe a functionally complete project (or part
thereof) to be constructed in accordance with the Contract Documents. Any labor,
documentation, services, materials, or equipment that reasonably may be inferred from the
Contract Documents or from prevailing custom or trade usage as being required to produce the
indicated result will be provided whether or not specifically called for, at no additional cost to
City.
C. Clarifications and interpretations of the Contract Documents shall be issued by City.
D. The Specifications may vary in form, format and style. Some Specification sections may be
written in varying degrees of streamlined or declarative style and some sections may be
relatively narrative by comparison. Omission of such words and phrases as “the Contractor
shall,” “in conformity with,” “as shown,” or “as specified” are intentional in streamlined
sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions
may appear in various parts of a section or articles within a part depending on the format of the
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 9 of 63
section. The Contractor shall not take advantage of any variation of form, format or style in
making Contract Claims.
E. The cross referencing of specification sections under the subparagraph heading “Related
Sections include but are not necessarily limited to:” and elsewhere within each Specification
section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on
the cross referencing provided and shall be responsible to coordinate the entire Work under the
Contract Documents and provide a complete Project whether or not the cross referencing is
provided in each section or whether or not the cross referencing is complete.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
1. Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any instruction of a
Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any
of their subcontractors, consultants, agents, or employees, from those set forth in the Contract
Documents. No such provision or instruction shall be effective to assign to City, or any of its
officers, directors, members, partners, employees, agents, consultants, or subcontractors, any
duty or authority to supervise or direct the performance of the Work or any duty or authority
to undertake responsibility inconsistent with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each
part of the Work, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein against all applicable field measurements and
conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity,
or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a
written interpretation or clarification from City before proceeding with any Work affected
thereby.
2. Contractor’s Review of Contract Documents During Performance of Work: If, during the
performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of
any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not
proceed with the Work affected thereby (except in an emergency as required by Paragraph
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 10 of 63
6.17.A) until an amendment or supplement to the Contract Documents has been issued by
one of the methods indicated in Paragraph 3.04.
3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or
discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.
B. Resolving Discrepancies:
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and the provisions of any
standard, specification, manual, or the instruction of any Supplier (whether or not specifically
incorporated by reference in the Contract Documents).
2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall
govern over Specifications, Supplementary Conditions shall govern over General Conditions
and Specifications, and quantities shown on the Plans shall govern over those shown in the
proposal.
3.04 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by a Change Order.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work not involving a change in Contract Price or Contract Time, may be
authorized, by one or more of the following ways:
1. A Field Order;
2. City’s review of a Submittal (subject to the provisions of Paragraph 6.18.C); or
3. City’s written interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer,
including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of City and specific written
verification or adaptation by Engineer.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 11 of 63
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer
to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the
printed copies included in the Contract Documents (also known as hard copies) and other
Specifications referenced and located on the City’s Buzzsaw site. Files in electronic media
format of text, data, graphics, or other types are furnished only for the convenience of the
receiving party. Any conclusion or information obtained or derived from such electronic files
will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard
copies, the hard copies govern.
B. When transferring documents in electronic media format, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from those used by the data’s creator.
ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of
general application but specifically related to use of the Site with which Contractor must comply
in performing the Work. City will obtain in a timely manner and pay for easements for
permanent structures or permanent changes in existing facilities.
1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or
easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in
accordance with the schedule set forth in the Supplementary Conditions. The Project
Schedule submitted by the Contractor in accordance with the Contract Documents must
consider any outstanding right-of-way, and/or easements.
2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site.
Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted
by the Contractor in accordance with the Contract Documents must consider any outstanding
utilities or obstructions to be removed, adjusted, and/or relocated by others.
B. Upon reasonable written request, City shall furnish Contractor with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 12 of 63
C. Contractor shall provide for all additional lands and access thereto that may be required for
construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. those drawings known to City of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the “technical data” contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such “technical data” is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor’s purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor, and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such
other data, interpretations, opinions, or information.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or
revealed either:
1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to
rely as provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the Contract Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 13 of 63
then Contractor shall, promptly after becoming aware thereof and before further disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.17.A), notify City in writing about such condition.
B. Possible Price and Time Adjustments
Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if:
1. Contractor knew of the existence of such conditions at the time Contractor made a final
commitment to City with respect to Contract Price and Contract Time by the submission of a
Bid or becoming bound under a negotiated contract; or
2. the existence of such condition could reasonably have been discovered or revealed as a result
of the examination of the Contract Documents or the Site; or
3. Contractor failed to give the written notice as required by Paragraph 4.03.A.
4.04 Underground Facilities
A. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on
information and data furnished to City or Engineer by the owners of such Underground
Facilities, including City, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1. City and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others; and
2. the cost of all of the following will be included in the Contract Price, and Contractor shall
have full responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination and adjustment of the Work with the owners of such Underground
Facilities, including City, during construction; and
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated:
1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or
contiguous to the Site which was not shown or indicated, or not shown or indicated with
reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming
aware thereof and before further disturbing conditions affected thereby or performing any
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 14 of 63
Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),
identify the owner of such Underground Facility and give notice to that owner and to City.
City will review the discovered Underground Facility and determine the extent, if any, to
which a change may be required in the Contract Documents to reflect and document the
consequences of the existence or location of the Underground Facility. Contractor shall be
responsible for the safety and protection of such discovered Underground Facility.
2. If City concludes that a change in the Contract Documents is required, a Change Order may
be issued to reflect and document such consequences.
3. Verification of existing utilities, structures, and service lines shall include notification of all
utility companies a minimum of 48 hours in advance of construction including exploratory
excavation if necessary.
4.05 Reference Points
A. City shall provide engineering surveys to establish reference points for construction, which in
City’s judgment are necessary to enable Contractor to proceed with the Work. City will provide
construction stakes or other customary method of marking to establish line and grades for
roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall
protect and preserve the established reference points and property monuments, and shall make no
changes or relocations. Contractor shall report to City whenever any reference point or property
monument is lost or destroyed or requires relocation because of necessary changes in grades or
locations. The City shall be responsible for the replacement or relocation of reference points or
property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall
notify City in advance and with sufficient time to avoid delays.
B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or
willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full
cost for replacing such points plus 25% will be charged against the Contractor, and the full
amount will be deducted from payment due the Contractor.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings
known to City relating to Hazardous Environmental Conditions that have been identified at the
Site.
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the “technical data” contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such “technical data” is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor’s purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 15 of 63
construction to be employed by Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such
other data, interpretations, opinions or information.
C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. Contractor shall be responsible
for a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby (except in an emergency as required by
Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing).
City may consider the necessity to retain a qualified expert to evaluate such condition or take
corrective action, if any.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after City has obtained any required permits related thereto and delivered
written notice to Contractor: (i) specifying that such condition and any affected area is or has
been rendered suitable for the resumption of Work; or (ii) specifying any special conditions
under which such Work may be resumed.
F. If after receipt of such written notice Contractor does not agree to resume such Work based on a
reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then City may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work. City may have such deleted portion of the Work
performed by City’s own forces or others.
G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous
Environmental Condition created by Contractor or by anyone for whom Contractor is
responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any
individual or entity from and against the consequences of that individual’s or entity’s own
negligence.
H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 16 of 63
ARTICLE 5 – BONDS AND INSURANCE
5.01 Licensed Sureties and Insurers
All bonds and insurance required by the Contract Documents to be purchased and maintained by
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Texas to issue bonds or insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.02 Performance, Payment, and Maintenance Bonds
A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government
Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as
security for the faithful performance and payment of all of Contractor’s obligations under the
Contract Documents.
B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security
to protect the City against any defects in any portion of the Work described in the Contract
Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final
Acceptance by the City.
C. All bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list
of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and
as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed
by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney
which shall show that it is effective on the date the agent or attorney-in-fact signed each bond.
D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in the State of Texas or it ceases to meet the requirements of
Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event
giving rise to such notification, provide another bond and surety, both of which shall comply
with the requirements of Paragraphs 5.01 and 5.02.C.
5.03 Certificates of Insurance
Contractor shall deliver to City, with copies to each additional insured and loss payee identified in
the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested
by City or any other additional insured) which Contractor is required to purchase and maintain.
1. The certificate of insurance shall document the City, and all identified entities named in the
Supplementary Conditions as “Additional Insured” on all liability policies.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 17 of 63
2. The Contractor’s general liability insurance shall include a, “per project” or “per location”,
endorsement, which shall be identified in the certificate of insurance provided to the City.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in
the current A.M. Best Property & Casualty Guide
4. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of City is required.
5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor
of the City. In addition, the Contractor agrees to waive all rights of subrogation against the
Engineer (if applicable), and each additional insured identified in the Supplementary
Conditions
6. Failure of the City to demand such certificates or other evidence of full compliance with the
insurance requirements or failure of the City to identify a deficiency from evidence that is
provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines
of insurance coverage.
7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
8. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If
coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is claims-made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Contract and for three (3) years following Final
Acceptance provided under the Contract Documents or for the warranty period, whichever is
longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 18 of 63
lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups, must also be approved by City.
11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a
first-dollar basis, must be acceptable to and approved by the City.
12. City, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverage’s and their limits when deemed
necessary and prudent by the City based upon changes in statutory law, court decision or the
claims history of the industry as well as of the contracting party to the City. The City shall
be required to provide prior notice of 90 days, and the insurance adjustments shall be
incorporated into the Work by Change Order.
13. City shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto and may make any reasonable requests for deletion or revision or
modifications of particular policy terms, conditions, limitations, or exclusions necessary to
conform the policy and endorsements to the requirements of the Contract. Deletions,
revisions, or modifications shall not be required where policy provisions are established by
law or regulations binding upon either party or the underwriter on any such policies.
14. City shall not be responsible for the direct payment of insurance premium costs for
Contractor’s insurance.
5.04 Contractor’s Insurance
A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such
insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’
Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for
Employers’ Liability as is appropriate for the Work being performed and as will provide
protection from claims set forth below which may arise out of or result from Contractor’s
performance of the Work and Contractor’s other obligations under the Contract Documents,
whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly
or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any of them may be liable:
1. claims under workers’ compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor’s employees.
B. Commercial General Liability. Coverage shall include but not be limited to covering liability
(bodily injury or property damage) arising from: premises/operations, independent contractors,
products/completed operations, personal injury, and liability under an insured contract. Insurance
shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services
Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 19 of 63
insurance or self-insurance programs afforded to the City. The Commercial General Liability
policy, shall have no exclusions by endorsements that would alter of nullify premises/operations,
products/completed operations, contractual, personal injury, or advertising injury, which are
normally contained with the policy, unless the City approves such exclusions in writing.
For construction projects that present a substantial completed operation exposure, the City may
require the contractor to maintain completed operations coverage for a minimum of no less than
three (3) years following the completion of the project (if identified in the Supplementary
Conditions).
C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”,
defined as autos owned, hired and non-owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone
for whose acts any of them may be liable.
D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the requirements identified in the
Supplementary Conditions.
E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation
or other loss of insurance coverage. Contractor shall stop work until replacement insurance has
been procured. There shall be no time credit for days not worked pursuant to this section.
5.05 Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing
within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor
shall provide to the City such additional information in respect of insurance provided as the City may
reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance
required by the Contract Documents, the City shall notify the Contractor in writing of such failure
prior to the start of the Work, or of such failure to maintain prior to any change in the required
coverage.
ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 20 of 63
B. At all times during the progress of the Work, Contractor shall assign a competent, English-
speaking, Superintendent who shall not be replaced without written notice to City. The
Superintendent will be Contractor’s representative at the Site and shall have authority to act on
behalf of Contractor. All communication given to or received from the Superintendent shall be
binding on Contractor.
C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of
construction.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to perform construction as
required by the Contract Documents. Contractor shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. Contractor will not permit the
performance of Work beyond Regular Working Hours or for Weekend Working Hours without
City’s written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication) to perform Work:
1. for beyond Regular Working Hours request must be made by noon at least two (2) Business
Days prior
2. for Weekend Working Hours request must be made by noon of the preceding Thursday
3. for legal holidays request must be made by noon two Business Days prior to the legal
holiday.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the performance,
Contractor required testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of materials and equipment.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 21 of 63
C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
D. All items of standard equipment to be incorporated into the Work shall be the latest model at the
time of bid, unless otherwise specified.
6.04 Project Schedule
A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07
and the General Requirements as it may be adjusted from time to time as provided below.
1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and
the General Requirements) proposed adjustments in the Project Schedule that will not result
in changing the Contract Time. Such adjustments will comply with any provisions of the
General Requirements applicable thereto.
2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment
for the duration of the Contract in accordance with the schedule specification 01 32 16.
3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Time
may only be made by a Change Order.
6.05 Substitutes and “Or-Equals”
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or “or-equal” item or no substitution is permitted, other items of material or equipment of other
Suppliers may be submitted to City for review under the circumstances described below.
1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by
Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an “or-equal” item, in which
case review and approval of the proposed item may, in City’s sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. the City determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 22 of 63
2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service; and
b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time; and
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substitute Items:
a. If in City’s sole discretion an item of material or equipment proposed by Contractor does
not qualify as an “or-equal” item under Paragraph 6.05.A.1, it may be submitted as a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow City to
determine if the item of material or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by City from anyone other than
Contractor.
c. Contractor shall make written application to City for review of a proposed substitute item
of material or equipment that Contractor seeks to furnish or use. The application shall
comply with Section 01 25 00 and:
1) shall certify that the proposed substitute item will:
a) perform adequately the functions and achieve the results called for by the general
design;
b) be similar in substance to that specified;
c) be suited to the same use as that specified; and
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor’s achievement of final completion on time;
b) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 23 of 63
c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
a) all variations of the proposed substitute item from that specified;
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by City. Contractor shall submit sufficient information to allow City, in
City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly
called for by the Contract Documents. Contractor shall make written application to City for
review in the same manner as those provided in Paragraph 6.05.A.2.
C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. City may require
Contractor to furnish additional data about the proposed substitute. City will be the sole judge of
acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination.
D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special
performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall
indemnify and hold harmless City and anyone directly or indirectly employed by them from and
against any and all claims, damages, losses and expenses (including attorneys fees) arising out
of the use of substituted materials or equipment.
E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or
submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City
approves a substitute so proposed or submitted by Contractor, Contractor may be required to
reimburse City for evaluating each such proposed substitute. Contractor may also be required to
reimburse City for the charges for making changes in the Contract Documents (or in the
provisions of any other direct contract with City) resulting from the acceptance of each proposed
substitute.
F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or
“or-equal” at Contractor’s expense.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 24 of 63
G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a
substitute shall be incorporated to the Contract by Change Order.
H. Time Extensions: No additional time will be granted for substitutions.
6.06 Concerning Subcontractors, Suppliers, and Others
A. Contractor shall perform with his own organization, work of a value not less than 35% of the
value embraced on the Contract, unless otherwise approved by the City.
B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether
initially or as a replacement, against whom City may have reasonable objection. Contractor shall
not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or
perform any of the Work against whom Contractor has reasonable objection (excluding those
acceptable to City as indicated in Paragraph 6.06.C).
C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other
individuals or entities on the project, and will provide such requirements in the Supplementary
Conditions.
D. Minority Business Enterprise Compliance: It is City policy to ensure the full and equitable
participation by Minority Business Enterprises (MBE) in the procurement of goods and services
on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required
to comply with the intent of the City’s MBE Ordinance (as amended) by the following:
1. Contractor shall, upon request by City, provide complete and accurate information regarding
actual work performed by a MBE on the Contract and payment therefor.
2. Contractor will not make additions, deletions, or substitutions of accepted MBE without
written consent of the City. Any unjustified change or deletion shall be a material breach of
Contract and may result in debarment in accordance with the procedures outlined in the
Ordinance.
3. Contractor shall, upon request by City, allow an audit and/or examination of any books,
records, or files in the possession of the Contractor that will substantiate the actual work
performed by an MBE. Material misrepresentation of any nature will be grounds for
termination of the Contract in accordance with Paragraph 15.02.A. Any such
misrepresentation may be grounds for disqualification of Contractor to bid on future
contracts with the City for a period of not less than three years.
E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work just as
Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract
Documents:
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 25 of 63
1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between City and any such Subcontractor, Supplier or other
individual or entity; nor
2. shall create any obligation on the part of City to pay or to see to the payment of any moneys
due any such Subcontractor, Supplier, or other individual or entity except as may otherwise
be required by Laws and Regulations.
F. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with Contractor.
G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any
of the Work shall communicate with City through Contractor.
H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of City.
6.07 Wage Rates
A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of
Chapter 2258, Texas Government Code (as amended), including the payment of not less than the
rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in
accordance with Chapter 2258. Such prevailing wage rates are included in these Contract
Documents.
B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage
shall, upon demand made by the City, pay to the City $60 for each worker employed for each
calendar day or part of the day that the worker is paid less than the prevailing wage rates
stipulated in these contract documents. This penalty shall be retained by the City to offset its
administrative costs, pursuant to Texas Government Code 2258.023.
C. Complaints of Violations and City Determination of Good Cause. On receipt of information,
including a complaint by a worker, concerning an alleged violation of 2258.023, Texas
Government Code, by a Contractor or Subcontractor, the City shall make an initial
determination, before the 31st day after the date the City receives the information, as to whether
good cause exists to believe that the violation occurred. The City shall notify in writing the
Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s
determination that there is good cause to believe the Contractor or Subcontractor has violated
Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the
difference between wages paid and wages due under the prevailing wage rates, such amounts
being subtracted from successive progress payments pending a final determination of the
violation.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 26 of 63
D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of
Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected
worker, shall be submitted to binding arbitration in accordance with the Texas General
Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any
affected worker does not resolve the issue by agreement before the 15th day after the date the
City makes its initial determination pursuant to Paragraph C above. If the persons required to
arbitrate under this section do not agree on an arbitrator before the 11th day after the date that
arbitration is required, a district court shall appoint an arbitrator on the petition of any of the
persons. The City is not a party in the arbitration. The decision and award of the arbitrator is
final and binding on all parties and may be enforced in any court of competent jurisdiction.
E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3)
years following the date of acceptance of the work, maintain records that show (i) the name and
occupation of each worker employed by the Contractor in the construction of the Work provided
for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be
open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right
to Audit, shall pertain to this inspection.
F. Progress Payments. With each progress payment or payroll period, whichever is less, the
Contractor shall submit an affidavit stating that the Contractor has complied with the
requirements of Chapter 2258, Texas Government Code.
G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at
all times.
H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall
otherwise require all of its Subcontractors to comply with Paragraphs A through G above.
6.08 Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process,
product, or device which is the subject of patent rights or copyrights held by others. If a
particular invention, design, process, product, or device is specified in the Contract Documents
for use in the performance of the Work and if, to the actual knowledge of City, its use is subject
to patent rights or copyrights calling for the payment of any license fee or royalty to others, the
existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City
to disclose such information does not relieve the Contractor from its obligations to pay for the
use of said fees or royalties to others.
B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to any infringement of
patent rights or copyrights incident to the use in the performance of the Work or resulting from
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 27 of 63
the incorporation in the Work of any invention, design, process, product, or device not specified
in the Contract Documents.
6.09 Permits and Utilities
A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction
permits and licenses except those provided for in the Supplementary Conditions or Contract
Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses.
Contractor shall pay all governmental charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B.
City shall pay all charges of utility owners for connections for providing permanent service to the
Work.
B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as
provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor’s
responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the
Contract and the City approves the changes, the Contractor is responsible for obtaining
clearances and coordinating with the appropriate regulatory agency. The City will not reimburse
the Contractor for any cost associated with these requirements of any City acquired permit. The
following are permits the City will obtain if required:
1. Texas Department of Transportation Permits
2. U.S. Army Corps of Engineers Permits
3. Texas Commission on Environmental Quality Permits
4. Railroad Company Permits
C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits
and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by
the Contractor in accordance with the Contract Documents must consider any outstanding
permits and licenses.
6.10 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s
compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 28 of 63
court or arbitration or other dispute resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor’s responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor’s obligations under Paragraph 3.02.
C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on
the cost or time of performance of the Work may be the subject of an adjustment in Contract
Price or Contract Time.
6.11 Taxes
A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to
Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may
purchase, rent or lease all materials, supplies and equipment used or consumed in the
performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax,
said exemption certificate to comply with State Comptroller’s Ruling .007. Any such exemption
certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the
provision of State Comptroller’s Ruling .011, and any other applicable rulings pertaining to the
Texas Tax Code, Subchapter H.
B. Texas Tax permits and information may be obtained from:
1. Comptroller of Public Accounts
Sales Tax Division
Capitol Station
Austin, TX 78711; or
2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html
6.12 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
1. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
other materials or equipment. Contractor shall assume full responsibility for any damage to
any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is
carrying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work, the City may require the Contractor to finish the
section on which operations are in progress before work is commenced on any additional
area of the Site.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 29 of 63
3. Should any Damage Claim be made by any such owner or occupant because of the
performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim.
4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from and
against all claims, costs, losses, and damages arising out of or relating to any claim or
action, legal or equitable, brought by any such owner or occupant against City.
B. Removal of Debris During Performance of the Work: During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the
clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor
fails to correct the unsatisfactory procedure, the City may take such direct action as the City
deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written
notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of
such costs, shall be deducted from the monies due or to become due to the Contractor.
D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and
the Work and make it ready for utilization by City or adjacent property owner. At the completion
of the Work Contractor shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded
in any manner that will endanger the structure, nor shall Contractor subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
6.13 Record Documents
A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and
approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated to
show changes made during construction. These record documents together with all approved
Samples and a counterpart of all accepted Submittals will be available to City for reference.
Upon completion of the Work, these record documents, any operation and maintenance manuals,
and Submittals will be delivered to City prior to Final Inspection. Contractor shall include
accurate locations for buried and imbedded items.
6.14 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 30 of 63
take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on
or off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal, relocation, and replacement of their property.
C. Contractor shall comply with the applicable requirements of City’s safety programs, if any.
D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any,
with which City’s employees and representatives must comply while at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused,
directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any
other individual or entity directly or indirectly employed by any of them to perform any of the
Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor.
F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and City has accepted the Work.
6.15 Safety Representative
Contractor shall inform City in writing of Contractor’s designated safety representative at the Site.
6.16 Hazard Communication Programs
Contractor shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or among
employers in accordance with Laws or Regulations.
6.17 Emergencies and/or Rectification
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.
Contractor shall give City prompt written notice if Contractor believes that any significant
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 31 of 63
changes in the Work or variations from the Contract Documents have been caused thereby or are
required as a result thereof. If City determines that a change in the Contract Documents is
required because of the action taken by Contractor in response to such an emergency, a Change
Order may be issued.
B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies,
omissions, or correction necessary to conform with the requirements of the Contract Documents,
the City shall give the Contractor written notice that such work or changes are to be performed.
The written notice shall direct attention to the discrepant condition and request the Contractor to
take remedial action to correct the condition. In the event the Contractor does not take positive
steps to fulfill this written request, or does not show just cause for not taking the proper action,
within 24 hours, the City may take such remedial action with City forces or by contract. The City
shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any
funds due or become due the Contractor on the Project.
6.18 Submittals
A. Contractor shall submit required Submittals to City for review and acceptance in accordance
with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be
identified as City may require.
1. Submit number of copies specified in the General Requirements.
2. Data shown on the Submittals will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and similar data to show City the
services, materials, and equipment Contractor proposes to provide and to enable City to
review the information for the limited purposes required by Paragraph 6.18.C.
3. Submittals submitted as herein provided by Contractor and reviewed by City for
conformance with the design concept shall be executed in conformity with the Contract
Documents unless otherwise required by City.
4. When Submittals are submitted for the purpose of showing the installation in greater detail,
their review shall not excuse Contractor from requirements shown on the Drawings and
Specifications.
5. For-Information-Only submittals upon which the City is not expected to conduct review or
take responsive action may be so identified in the Contract Documents.
6. Submit required number of Samples specified in the Specifications.
7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City to review the
submittal for the limited purposes required by Paragraph 6.18.C.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 32 of 63
B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City’s review and acceptance of the pertinent submittal will be
at the sole expense and responsibility of Contractor.
C. City’s Review:
1. City will provide timely review of required Submittals in accordance with the Schedule of
Submittals acceptable to City. City’s review and acceptance will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, conform
to the information given in the Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract
Documents.
2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and acceptance
of a separate item as such will not indicate approval of the assembly in which the item
functions.
3. City’s review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Section 01 33 00 and City has given written acceptance of each
such variation by specific written notation thereof incorporated in or accompanying the
Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for
complying with the requirements of the Contract Documents.
6.19 Continuing the Work
Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with City. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in
writing.
6.20 Contractor’s General Warranty and Guarantee
A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor’s warranty and guarantee.
B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 33 of 63
2. normal wear and tear under normal usage.
C. Contractor’s obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor’s obligation to perform
the Work in accordance with the Contract Documents:
1. observations by City;
2. recommendation or payment by City of any progress or final payment;
3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by
City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal by City;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by City.
D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to
other work or property resulting therefrom which shall appear within a period of two (2) years
from the date of Final Acceptance of the Work unless a longer period is specified and shall
furnish a good and sufficient maintenance bond, complying with the requirements of Article
5.02.B. The City will give notice of observed defects with reasonable promptness.
6.21 Indemnification
A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
expense, the City, its officers, servants and employees, from and against any and all claims
arising out of, or alleged to arise out of, the work and services to be performed by the
Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this
Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO
OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL
OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN
PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity
provision is intended to include, without limitation, indemnity for costs, expenses and legal
fees incurred by the City in defending against such claims and causes of actions.
B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the
City, its officers, servants and employees, from and against any and all loss, damage or
destruction of property of the City, arising out of, or alleged to arise out of, the work and
services to be performed by the Contractor, its officers, agents, employees, subcontractors,
licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 34 of 63
SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS
ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT
WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR
NEGLIGENCE OF THE CITY.
6.22 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out Contractor’s responsibilities for construction means, methods,
techniques, sequences and procedures.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, City
will specify all performance and design criteria that such services must satisfy. Contractor shall
cause such services or certifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittals prepared by such professional. Submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such professional’s written approval when
submitted to City.
C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by such design professionals, provided City has specified
to Contractor performance and design criteria that such services must satisfy.
D. Pursuant to this Paragraph 6.22, City’s review and acceptance of design calculations and design
drawings will be only for the limited purpose of checking for conformance with performance and
design criteria given and the design concept expressed in the Contract Documents. City’s review
and acceptance of Submittals (except design calculations and design drawings) will be only for
the purpose stated in Paragraph 6.18.C.
6.23 Right to Audit
A. The Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of the Contractor involving transactions relating
to this Contract. Contractor agrees that the City shall have access during Regular Working Hours
to all necessary Contractor facilities and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this Paragraph. The City shall
give Contractor reasonable advance notice of intended audits.
B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that
the subcontractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of such Subcontractor, involving transactions to
the subcontract, and further, that City shall have access during Regular Working Hours to all
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 35 of 63
Subcontractor facilities, and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this Paragraph. The City shall give
Subcontractor reasonable advance notice of intended audits.
C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the
City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
6.24 Nondiscrimination
A. The City is responsible for operating Public Transportation Programs and implementing transit-
related projects, which are funded in part with Federal financial assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race, color, or national
origin.
B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
ARTICLE 7 – OTHER WORK AT THE SITE
7.01 Related Work at Site
A. City may perform other work related to the Project at the Site with City’s employees, or other
City contractors, or through other direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Contract Documents, then written notice
thereof will be given to Contractor prior to starting any such other work; and
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility
owner, and City, if City is performing other work with City’s employees or other City
contractors, proper and safe access to the Site, provide a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of
the Work that may be required to properly connect or otherwise make its several parts come
together and properly integrate with such other work. Contractor shall not endanger any work of
others by cutting, excavating, or otherwise altering such work; provided, however, that
Contractor may cut or alter others' work with the written consent of City and the others whose
work will be affected.
C. If the proper execution or results of any part of Contractor’s Work depends upon work performed
by others under this Article 7, Contractor shall inspect such other work and promptly report to
City in writing any delays, defects, or deficiencies in such other work that render it unavailable
or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so
report will constitute an acceptance of such other work as fit and proper for integration with
Contractor’s Work except for latent defects in the work provided by others.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 36 of 63
7.02 Coordination
A. If City intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such
coordination.
ARTICLE 8 – CITY’S RESPONSIBILITIES
8.01 Communications to Contractor
Except as otherwise provided in the Supplementary Conditions, City shall issue all communications
to Contractor.
8.02 Furnish Data
City shall timely furnish the data required under the Contract Documents.
8.03 Pay When Due
City shall make payments to Contractor in accordance with Article 14.
8.04 Lands and Easements; Reports and Tests
City’s duties with respect to providing lands and easements and providing engineering surveys to
establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City’s
identifying and making available to Contractor copies of reports of explorations and tests of
subsurface conditions and drawings of physical conditions relating to existing surface or subsurface
structures at or contiguous to the Site that have been utilized by City in preparing the Contract
Documents.
8.05 Change Orders
City shall execute Change Orders in accordance with Paragraph 10.03.
8.06 Inspections, Tests, and Approvals
City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
13.03.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 37 of 63
8.07 Limitations on City’s Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. City will not be responsible for
Contractor’s failure to perform the Work in accordance with the Contract Documents.
B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14.
8.08 Undisclosed Hazardous Environmental Condition
City’s responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth
in Paragraph 4.06.
8.09 Compliance with Safety Program
While at the Site, City’s employees and representatives shall comply with the specific applicable
requirements of Contractor’s safety programs of which City has been informed pursuant to
Paragraph 6.14.
ARTICLE 9 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION
9.01 City’s Project Manager
City will provide one or more Project Manager(s) during the construction period. The duties and
responsibilities and the limitations of authority of City’s Project Manager during construction are set
forth in the Contract Documents. The City’s Project Manager for this Contract is Raul Lopez, or
his/her successor pursuant to written notification from the Director of Transportation and Public
Works.
9.02 Visits to Site
A. City’s Project Manager will make visits to the Site at intervals appropriate to the various stages
of construction as City deems necessary in order to observe the progress that has been made and
the quality of the various aspects of Contractor’s executed Work. Based on information
obtained during such visits and observations, City’s Project Manager will determine, in general,
if the Work is proceeding in accordance with the Contract Documents. City’s Project Manager
will not be required to make exhaustive or continuous inspections on the Site to check the
quality or quantity of the Work. City’s Project Manager’s efforts will be directed toward
providing City a greater degree of confidence that the completed Work will conform generally to
the Contract Documents.
B. City’s Project Manager’s visits and observations are subject to all the limitations on authority and
responsibility in the Contract Documents including those set forth in Paragraph
8.07.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 38 of 63
9.03 Authorized Variations in Work
City’s Project Manager may authorize minor variations in the Work from the requirements of the
Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time
and are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on City and also on Contractor, who shall perform the Work involved promptly.
9.04 Rejecting Defective Work
City will have authority to reject Work which City’s Project Manager believes to be defective, or
will not produce a completed Project that conforms to the Contract Documents or that will prejudice
the integrity of the design concept of the completed Project as a functioning whole as indicated by
the Contract Documents. City will have authority to conduct special inspection or testing of the
Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed.
9.05 Determinations for Work Performed
Contractor will determine the actual quantities and classifications of Work performed. City’s Project
Manager will review with Contractor the preliminary determinations on such matters before
rendering a written recommendation. City’s written decision will be final (except as modified to
reflect changed factual conditions or more accurate data).
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder.
B. City will render a written decision on any issue referred.
C. City’s written decision on the issue referred will be final and binding on the Contractor, subject
to the provisions of Paragraph 10.06.
ARTICLE 10 – CHANGES IN THE WORK; CLAIMS; EXTRA WORK
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, City may, at any time or from
time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly
proceed with the Work involved which will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically provided). Extra Work shall be
memorialized by a Change Order which may or may not precede an order of Extra work.
B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field
Order may be issued by the City.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 39 of 63
10.02 Unauthorized Changes in the Work
Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract
Time with respect to any work performed that is not required by the Contract Documents as
amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an
emergency as provided in Paragraph 6.17.
10.03 Execution of Change Orders
A. City and Contractor shall execute appropriate Change Orders covering:
1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08 or City’s correction
of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract Time which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed.
10.04 Extra Work
A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment
thereof, and the City insists upon its performance, the Contractor shall proceed with the work
after making written request for written orders and shall keep accurate account of the actual
reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to
Paragraph 10.06.
B. The Contractor shall furnish the City such installation records of all deviations from the original
Contract Documents as may be necessary to enable the City to prepare for permanent record a
corrected set of plans showing the actual installation.
C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall
be a full, complete and final payment for all costs Contractor incurs as a result or relating to the
change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that
time, including without limitation, any costs for delay, extended overhead, ripple or impact cost,
or any other effect on changed or unchanged work as a result of the change or Extra Work.
10.05 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s
responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the
effect of any such change.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 40 of 63
10.06 Contract Claims Process
A. City’s Decision Required: All Contract Claims, except those waived pursuant to Paragraph
14.09, shall be referred to the City for decision. A decision by City shall be required as a
condition precedent to any exercise by Contractor of any rights or remedies he may otherwise
have under the Contract Documents or by Laws and Regulations in respect of such Contract
Claims.
B. Notice:
1. Written notice stating the general nature of each Contract Claim shall be delivered by the
Contractor to City no later than 15 days after the start of the event giving rise thereto. The
responsibility to substantiate a Contract Claim shall rest with the party making the Contract
Claim.
2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered
to the City on or before 45 days from the start of the event giving rise thereto (unless the City
allows additional time for Contractor to submit additional or more accurate data in support of
such Contract Claim).
3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with
the provisions of Paragraph 12.01.
4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with
the provisions of Paragraph 12.02.
5. Each Contract Claim shall be accompanied by Contractor’s written statement that the
adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a
result of said event.
6. The City shall submit any response to the Contractor within 30 days after receipt of the
claimant’s last submittal (unless Contract allows additional time).
C. City’s Action: City will review each Contract Claim and, within 30 days after receipt of the last
submittal of the Contractor, if any, take one of the following actions in writing:
1. deny the Contract Claim in whole or in part;
2. approve the Contract Claim; or
3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City’s
sole discretion, it would be inappropriate for the City to do so. For purposes of further
resolution of the Contract Claim, such notice shall be deemed a denial.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 41 of 63
D. City’s written action under Paragraph 10.06.C will be final and binding, unless City or
Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such
action or denial.
E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not
submitted in accordance with this Paragraph 10.06.
ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS
QUANTITY MEASUREMENT
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the
Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to
Contractor will be only those additional or incremental costs required because of the change in
the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall
include but not be limited to the following items:
1. Payroll costs for employees in the direct employ of Contractor in the performance of the
Work under schedules of job classifications agreed upon by City and Contractor. Such
employees shall include, without limitation, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall
include;
a. salaries with a 55% markup, or
b. salaries and wages plus the cost of fringe benefits, which shall include social security
contributions, unemployment, excise, and payroll taxes, workers’ compensation, health
and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of Regular Working Hours, Weekend
Working Hours, or legal holidays, shall be included in the above to the extent authorized
by City.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers’ field services required in connection
therewith.
3. Rentals of all construction equipment and machinery, and the parts thereof whether rented
from Contractor or others in accordance with rental agreements approved by City, and the
costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All
such costs shall be in accordance with the terms of said rental agreements. The rental of any
such equipment, machinery, or parts shall cease when the use thereof is no longer necessary
for the Work.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 42 of 63
4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If
required by City, Contractor shall obtain competitive bids from subcontractors acceptable to
City and Contractor and shall deliver such bids to City, who will then determine, which bids,
if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on
the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall
be determined in the same manner as Contractor’s Cost of the Work and fee as provided in
this Paragraph 11.01.
5. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
to the Work.
6. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor’s employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facilities at the Site, and hand tools not
owned by the workers, which are consumed in the performance of the Work, and cost,
less market value, of such items used but not consumed which remain the property of
Contractor.
c. Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and
Regulations.
d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable, and royalty payments and fees for permits and licenses.
e. Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection with the
performance of the Work, provided such losses and damages have resulted from causes
other than the negligence of Contractor, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable. Such
losses shall include settlements made with the written consent and approval of City. No
such losses, damages, and expenses shall be included in the Cost of the Work for the
purpose of determining Contractor’s fee.
f. The cost of utilities, fuel, and sanitary facilities at the Site.
g. Minor expenses such as telegrams, long distance telephone calls, telephone and
communication services at the Site, express and courier services, and similar petty cash
items in connection with the Work.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 43 of 63
h. The costs of premiums for all bonds and insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the
Site or in Contractor’s principal or branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be
considered administrative costs covered by the Contractor’s fee.
2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the
Site.
3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital
employed for the Work and charges against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective Work, disposal of materials or equipment wrongly
supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind.
C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee
shall be determined as set forth in the Agreement. When the value of any Work covered by a
Change Order for an adjustment in Contract Price is determined on the basis of Cost of the
Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C.
D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable to City
an itemized cost breakdown together with supporting data.
11.02 Allowances
A. Specified Allowance: It is understood that Contractor has included in the Contract Price all
allowances so named in the Contract Documents and shall cause the Work so covered to be
performed for such sums and by such persons or entities as may be acceptable to City.
B. Pre-bid Allowances:
1. Contractor agrees that:
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 44 of 63
a. the pre-bid allowances include the cost to Contractor of materials and equipment required
by the allowances to be delivered at the Site, and all applicable taxes; and
b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the pre-bid allowances have been included in
the allowances, and no demand for additional payment on account of any of the
foregoing will be valid.
C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole
use of City.
D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due
Contractor on account of Work covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
actual quantities and classifications of Unit Price Work performed by Contractor will be made by
City subject to the provisions of Paragraph 9.05.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to
cover Contractor’s overhead and profit for each separately identified item. Work described in the
Contract Documents, or reasonably inferred as required for a functionally complete installation,
but not identified in the listing of unit price items shall be considered incidental to unit price
work listed and the cost of incidental work included as part of the unit price.
D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if:
1. the quantity of any item of Unit Price Work performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Work.
E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in
accordance with Paragraph 10.01.
1. If the changes in quantities or the alterations do not significantly change the character of
work under the Contract Documents, the altered work will be paid for at the Contract unit
price.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 45 of 63
2. If the changes in quantities or alterations significantly change the character of work, the
Contract will be amended by a Change Order.
3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended
by a Change Order in accordance with Article 12.
4. A significant change in the character of work occurs when:
a. the character of work for any Item as altered differs materially in kind or nature from that
in the Contract or
b. a Major Item of work varies by more than 25% from the original Contract quantity.
5. When the quantity of work to be done under any Major Item of the Contract is more than
125% of the original quantity stated in the Contract, then either party to the Contract may
request an adjustment to the unit price on the portion of the work that is above 125%.
6. When the quantity of work to be done under any Major Item of the Contract is less than 75%
of the original quantity stated in the Contract, then either party to the Contract may request
an adjustment to the unit price.
11.04 Plans Quantity Measurement
A. Plans quantities may or may not represent the exact quantity of work performed or material
moved, handled, or placed during the execution of the Contract. The estimated bid quantities are
designated as final payment quantities, unless revised by the governing Section or this Article.
B. If the quantity measured as outlined under “Price and Payment Procedures” varies by more than
25% (or as stipulated under “Price and Payment Procedures” for specific Items) from the total
estimated quantity for an individual Item originally shown in the Contract Documents, an
adjustment may be made to the quantity of authorized work done for payment purposes. The
party to the Contract requesting the adjustment will provide field measurements and calculations
showing the final quantity for which payment will be made. Payment for revised quantity will be
made at the unit price bid for that Item, except as provided for in Article 10.
C. When quantities are revised by a change in design approved by the City, by Change Order, or to
correct an error, or to correct an error on the plans, the plans quantity will be increased or
decreased by the amount involved in the change, and the 25% variance will apply to the new
plans quantity.
D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than
$250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans
quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans
quantity.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 46 of 63
E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are
not applicable.
ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME
12.01 Change of Contract Price
A. The Contract Price may only be changed by a Change Order.
B. The value of any Work covered by a Change Order will be determined as follows:
1. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the items involved (subject to the
provisions of Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum or unit price (which may include an allowance for overhead
and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost
of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work;
or
3. where the Work involved is not covered by unit prices contained in the Contract Documents
and agreement to a lump sum or unit price is not reached under Paragraph 12.01.B.2, on the
basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a
Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C).
C. Contractor’s Fee: The Contractor’s additional fee for overhead and profit shall be determined as
follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various
portions of the Cost of the Work:
a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the
Contractor’s additional fee shall be 15 percent except for:
1) rental fees for Contractor’s own equipment using standard rental rates;
2) bonds and insurance;
b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor’s fee shall be
five percent (5%);
1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a
fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and
12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 47 of 63
tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under
Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and
Contractor will each be paid a fee of five percent (5%) of the amount paid to the next
lower tier Subcontractor, however in no case shall the cumulative total of fees paid be
in excess of 25%;
c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and
11.01.B;
d. the amount of credit to be allowed by Contractor to City for any change which results in
a net decrease in cost will be the amount of the actual net decrease in cost plus a
deduction in Contractor’s fee by an amount equal to five percent (5%) of such net
decrease.
12.02 Change of Contract Time
A. The Contract Time may only be changed by a Change Order.
B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless
the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project
Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or
claimed delay adversely affects the critical path.
12.03 Delays
A. Where Contractor is reasonably delayed in the performance or completion of any part of the
Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time
may be extended in an amount equal to the time lost due to such delay if a Contract Claim is
made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts
or neglect by City, acts or neglect of utility owners or other contractors performing other work as
contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in
this Paragraph.
B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays
within the control of Contractor. Delays attributable to and within the control of a Subcontractor
or Supplier shall be deemed to be delays within the control of Contractor.
D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when
direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide
information or material, if any, which is to be furnished by the City.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 48 of 63
ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
Notice of all defective Work of which City has actual knowledge will be given to Contractor.
Defective Work may be rejected, corrected, or accepted as provided in this Article 13.
13.02 Access to Work
City, independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them of
Contractor’s safety procedures and programs so that they may comply therewith as applicable.
13.03 Tests and Inspections
A. Contractor shall give City timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any
of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full
responsibility for arranging and obtaining such independent inspections, tests, retests or
approvals, pay all costs in connection therewith, and furnish City the required certificates of
inspection or approval; excepting, however, those fees specifically identified in the
Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR)
inspections, which shall be paid as described in the Supplementary Conditions.
C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or
equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment
submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work.
Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to
City.
D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to
perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by
City.
1. City will coordinate such Testing to the extent possible, with Contractor;
2. Should any Testing under this Section 13.03 D result in a “fail”, “did not pass” or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 49 of 63
3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the
Testing Lab by Contractor. City will forward all invoices for retests to Contractor.
4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing
Lab is paid.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of City, Contractor shall, if requested by City, uncover
such Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense.
G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued
under Section 13.03 D.
13.04 Uncovering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s
expense.
B. If City considers it necessary or advisable that covered Work be observed by City or inspected or
tested by others, Contractor, at City’s request, shall uncover, expose, or otherwise make available
for observation, inspection, or testing as City may require, that portion of the Work in question,
furnishing all necessary labor, material, and equipment.
1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs,
losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or other dispute resolution costs) arising out
of or relating to such uncovering, exposure, observation, inspection, and testing, and of
satisfactory replacement or reconstruction (including but not limited to all costs of repair or
replacement of work of others); or City shall be entitled to accept defective Work in
accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all
costs associated with exposing, observing, and testing the defective Work.
2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase
in the Contract Price or an extension of the Contract Time, or both, directly attributable to
such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction.
13.05 City May Stop the Work
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials
or equipment, or fails to perform the Work in such a way that the completed Work will conform to
the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until
the cause for such order has been eliminated; however, this right of City to stop the Work shall not
give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 50 of 63
Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of
any of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to
an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has
been rejected by City, remove it from the Project and replace it with Work that is not defective.
Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such correction
or removal (including but not limited to all costs of repair or replacement of work of others).
Failure to require the removal of any defective Work shall not constitute acceptance of such
Work.
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or otherwise impair City’s special warranty and
guarantee, if any, on said Work.
13.07 Correction Period
A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
Documents), any Work is found to be defective, or if the repair of any damages to the land or
areas made available for Contractor’s use by City or permitted by Laws and Regulations as
contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without
cost to City and in accordance with City’s written instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by City, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement (including
but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 51 of 63
C. In special circumstances where a particular item of equipment is placed in continuous service
before Final Acceptance of all the Work, the correction period for that item may start to run from
an earlier date if so provided in the Contract Documents.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of one year after the end of
the initial correction period. City shall provide 30 days written notice to Contractor should such
additional warranty coverage be required. Contractor may dispute this requirement by filing a
Contract Claim, pursuant to Paragraph 10.06.
E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
If, instead of requiring correction or removal and replacement of defective Work, City prefers to
accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or other dispute resolution costs) attributable to City’s evaluation of and determination to
accept such defective Work and for the diminished value of the Work to the extent not otherwise
paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be
issued incorporating the necessary revisions in the Contract Documents with respect to the Work,
and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished
value of Work so accepted.
13.09 City May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with Paragraph
13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven (7) days written notice to Contractor, correct, or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor’s services related thereto, and incorporate in the Work all materials and equipment
incorporated in the Work, stored at the Site or for which City has paid Contractor but which are
stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants,
employees, and City’s other contractors, access to the Site to enable City to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 52 of 63
costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph
13.09 will be charged against Contractor, and a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work; and City shall be
entitled to an appropriate decrease in the Contract Price.
D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City’s rights and remedies under this
Paragraph 13.09.
ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve
as the basis for progress payments and will be incorporated into a form of Application for Payment
acceptable to City. Progress payments on account of Unit Price Work will be based on the number of
units completed.
14.02 Progress Payments
A. Applications for Payments:
1. Contractor is responsible for providing all information as required to become a vendor of the
City.
2. At least 20 days before the date established in the General Requirements for each progress
payment, Contractor shall submit to City for review an Application for Payment filled out
and signed by Contractor covering the Work completed as of the date of the Application and
accompanied by such supporting documentation as is required by the Contract Documents.
3. If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at the Site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice, or other
documentation warranting that City has received the materials and equipment free and clear
of all Liens and evidence that the materials and equipment are covered by appropriate
insurance or other arrangements to protect City’s interest therein, all of which must be
satisfactory to City.
4. Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that previous progress payments received on account of the
Work have been applied on account to discharge Contractor’s legitimate obligations
associated with prior Applications for Payment.
5. The amount of retainage with respect to progress payments will be as stipulated in the
Contract Documents.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 53 of 63
B. Review of Applications:
1. City will, after receipt of each Application for Payment, either indicate in writing a
recommendation of payment or return the Application to Contractor indicating reasons for
refusing payment. In the latter case, Contractor may make the necessary corrections and
resubmit the Application.
2. City’s processing of any payment requested in an Application for Payment will be based on
City’s observations of the executed Work, and on City’s review of the Application for
Payment and the accompanying data and schedules, that to the best of City’s knowledge:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,
the results of any subsequent tests called for in the Contract Documents, a final
determination of quantities and classifications for Work performed under Paragraph 9.05,
and any other qualifications stated in the recommendation).
3. Processing any such payment will not thereby be deemed to have represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to City in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle Contractor
to be paid additionally by City or entitle City to withhold payment to Contractor, or
c. Contractor has complied with Laws and Regulations applicable to Contractor’s
performance of the Work.
4. City may refuse to process the whole or any part of any payment because of subsequently
discovered evidence or the results of subsequent inspections or tests, and revise or revoke
any such payment previously made, to such extent as may be necessary to protect City from
loss because:
a. the Work is defective, or the completed Work has been damaged by the Contractor or his
subcontractors, requiring correction or replacement;
b. discrepancies in quantities contained in previous applications for payment;
c. the Contract Price has been reduced by Change Orders;
d. City has been required to correct defective Work or complete Work in accordance with
Paragraph 13.09; or
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 54 of 63
e. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Retainage:
1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent
(10%).
2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent
(5%).
D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the
time specified in the Contract Documents, the sum per day specified in the Agreement, will be
deducted from the monies due the Contractor, not as a penalty, but as liquidated damages
suffered by the City.
E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment
will become due in accordance with the Contract Documents.
F. Reduction in Payment:
1. City may refuse to make payment of the amount requested because:
a. Liens have been filed in connection with the Work, except where Contractor has
delivered a specific bond satisfactory to City to secure the satisfaction and discharge of
such Liens;
b. there are other items entitling City to a set-off against the amount recommended; or
c. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A.
2. If City refuses to make payment of the amount requested, City will give Contractor written
notice stating the reasons for such action and pay Contractor any amount remaining after
deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or
any adjustment thereto agreed to by City and Contractor, when Contractor remedies the
reasons for such action.
14.03 Contractor’s Warranty of Title
Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to City no later than
the time of payment free and clear of all Liens.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 55 of 63
14.04 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which
City, determines constitutes a separately functioning and usable part of the Work that can be
used by City for its intended purpose without significant interference with Contractor’s
performance of the remainder of the Work. City at any time may notify Contractor in writing to
permit City to use or occupy any such part of the Work which City determines to be ready for its
intended use, subject to the following conditions:
1. Contractor at any time may notify City in writing that Contractor considers any such part of
the Work ready for its intended use.
2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and
Contractor shall make an inspection of that part of the Work to determine its status of
completion. If City does not consider that part of the Work to be substantially complete, City
will notify Contractor in writing giving the reasons therefor.
3. Partial Utilization will not constitute Final Acceptance by City.
14.05 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
1. within 10 days, City will schedule a Final Inspection with Contractor.
2. City will notify Contractor in writing of all particulars in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
B. No time charge will be made against the Contractor between said date of notification of the City
and the date of Final Inspection. Should the City determine that the Work is not ready for Final
Inspection, City will notify the Contractor in writing of the reasons and Contract Time will
resume.
14.06 Final Acceptance
Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final
Inspection, City will issue to Contractor a letter of Final Acceptance.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 56 of 63
14.07 Final Payment
A. Application for Payment:
1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for
final payment following the procedure for progress payments in accordance with the
Contract Documents.
2. The final Application for Payment shall be accompanied (except as previously delivered) by:
a. all documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.03;
b. consent of the surety, if any, to final payment;
c. a list of all pending or released Damage Claims against City that Contractor believes are
unsettled; and
d. affidavits of payments and complete and legally effective releases or waivers
(satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the
Work.
B. Payment Becomes Due:
1. After City’s acceptance of the Application for Payment and accompanying documentation,
requested by Contractor, less previous payments made and any sum City is entitled,
including but not limited to liquidated damages, will become due and payable.
2. After all Damage Claims have been resolved:
a. directly by the Contractor or;
b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s
insurance provider for resolution.
3. The making of the final payment by the City shall not relieve the Contractor of any
guarantees or other requirements of the Contract Documents which specifically continue
thereafter.
14.08 Final Completion Delayed and Partial Retainage Release
A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon
receipt of Contractor’s final Application for Payment, and without terminating the Contract,
make payment of the balance due for that portion of the Work fully completed and accepted. If
the remaining balance to be held by City for Work not fully completed or corrected is less than
the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in
Paragraph 5.02, the written consent of the surety to the payment of the balance due for that
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 57 of 63
portion of the Work fully completed and accepted shall be submitted by Contractor to City with
the Application for such payment. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of Contract Claims.
B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment
and maintenance, and test and performance periods following the completion of all other
construction in the Contract Documents for all Work locations, the City may release a portion of
the amount retained provided that all other work is completed as determined by the City. Before
the release, all submittals and final quantities must be completed and accepted for all other work.
An amount sufficient to ensure Contract compliance will be retained.
14.09 Waiver of Claims
The acceptance of final payment will constitute a release of the City from all claims or liabilities
under the Contract for anything done or furnished or relating to the work under the Contract
Documents or any act or neglect of City related to or connected with the Contract.
ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION
15.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor
shall resume the Work on the date so fixed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will make no extra payment for stand-by
time of construction equipment and/or construction crews.
B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or negligence of the Contractor, and should it be determined by
mutual consent of the Contractor and City that a solution to allow construction to proceed is not
available within a reasonable period of time, Contractor may request an extension in Contract
Time, directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and he shall take every precaution to prevent damage or
deterioration of the work performed; he shall provide suitable drainage about the work, and erect
temporary structures where necessary.
D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the
necessary equipment to the job when it is determined by the City that construction may be
resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the
equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is
moved to another construction project for the City.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 58 of 63
15.02 City May Terminate for Cause
A. The occurrence of any one or more of the following events by way of example, but not of
limitation, may justify termination for cause:
1. Contractor’s persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment, failure to adhere to the Project Schedule established under
Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere
to the City’s Business Diversity Enterprise Ordinance #20020-12-2011established under
Paragraph 6.06.D);
2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor’s repeated disregard of the authority of City; or
4. Contractor’s violation in any substantial way of any provisions of the Contract Documents;
or
5. Contractor’s failure to promptly make good any defect in materials or workmanship, or
defects of any nature, the correction of which has been directed in writing by the City; or
6. Substantial indication that the Contractor has made an unauthorized assignment of the
Contract or any funds due therefrom for the benefit of any creditor or for any other purpose;
or
7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise
financially unable to carry on the Work satisfactorily; or
8. Contractor commences legal action in a court of competent jurisdiction against the City.
B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written
notice to Contractor and Surety to arrange a conference with Contractor and Surety to address
Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after
receipt of notice.
1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to
perform the construction Contract, the City may, to the extent permitted by Laws and
Regulations, declare a Contractor default and formally terminate the Contractor's right to
complete the Contract. Contractor default shall not be declared earlier than 20 days after the
Contractor and Surety have received notice of conference to address Contractor's failure to
perform the Work.
2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the
Work. If Surety does not commence performance thereof within 15 consecutive calendar
days after date of an additional written notice demanding Surety's performance of its
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 59 of 63
obligations, then City, without process or action at law, may take over any portion of the
Work and complete it as described below.
a. If City completes the Work, City may exclude Contractor and Surety from the site and
take possession of the Work, and all materials and equipment incorporated into the Work
stored at the Site or for which City has paid Contractor or Surety but which are stored
elsewhere, and finish the Work as City may deem expedient.
3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any
further payment until the Work is finished. If the unpaid balance of the Contract Price
exceeds all claims, costs, losses and damages sustained by City arising out of or resulting
from completing the Work, such excess will be paid to Contractor. If such claims, costs,
losses and damages exceed such unpaid balance, Contractor shall pay the difference to City.
Such claims, costs, losses and damages incurred by City will be incorporated in a Change
Order, provided that when exercising any rights or remedies under this Paragraph, City shall
not be required to obtain the lowest price for the Work performed.
4. Neither City, nor any of its respective consultants, agents, officers, directors or employees
shall be in any way liable or accountable to Contractor or Surety for the method by which the
completion of the said Work, or any portion thereof, may be accomplished or for the price
paid therefor.
5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right
to recover damages from Contractor or Surety for Contractor's failure to timely complete the
entire Contract. Contractor shall not be entitled to any claim on account of the method used
by City in completing the Contract.
6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as
provided for in the bond requirements of the Contract Documents or any special guarantees
provided for under the Contract Documents or any other obligations otherwise prescribed by
law.
C. Notwithstanding Paragraphs 15.02.B, Contractor’s services will not be terminated if Contractor
begins within seven days of receipt of notice of intent to terminate to correct its failure to
perform and proceeds diligently to cure such failure within no more than 30 days of receipt of
said notice.
D. Where Contractor’s services have been so terminated by City, the termination will not affect any
rights or remedies of City against Contractor then existing or which may thereafter accrue. Any
retention or payment of moneys due Contractor by City will not release Contractor from liability.
E. If and to the extent that Contractor has provided a performance bond under the provisions of
Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this
Article.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 60 of 63
15.03 City May Terminate For Convenience
A. City may, without cause and without prejudice to any other right or remedy of City, terminate the
Contract. Any termination shall be effected by mailing a notice of the termination to the
Contractor specifying the extent to which performance of Work under the contract is terminated,
and the date upon which such termination becomes effective. Receipt of the notice shall be
deemed conclusively presumed and established when the letter is placed in the United States
Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and
established that such termination is made with just cause as therein stated; and no proof in any
claim, demand or suit shall be required of the City regarding such discretionary action.
B. After receipt of a notice of termination, and except as otherwise directed by the City, the
Contractor shall:
1. Stop work under the Contract on the date and to the extent specified in the notice of
termination;
2. place no further orders or subcontracts for materials, services or facilities except as may be
necessary for completion of such portion of the Work under the Contract as is not terminated;
3. terminate all orders and subcontracts to the extent that they relate to the performance of the
Work terminated by notice of termination;
4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any,
directed by the City:
a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and
other material produced as a part of, or acquired in connection with the performance of,
the Work terminated by the notice of the termination; and
b. the completed, or partially completed plans, drawings, information and other property
which, if the Contract had been completed, would have been required to be furnished to
the City.
5. complete performance of such Work as shall not have been terminated by the notice of
termination; and
6. take such action as may be necessary, or as the City may direct, for the protection and
preservation of the property related to its contract which is in the possession of the
Contractor and in which the owner has or may acquire the rest.
C. At a time not later than 30 days after the termination date specified in the notice of termination,
the Contractor may submit to the City a list, certified as to quantity and quality, of any or all
items of termination inventory not previously disposed of, exclusive of items the disposition of
which has been directed or authorized by City.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 61 of 63
D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list
submitted shall be subject to verification by the City upon removal of the items or, if the items
are stored, within 45 days from the date of submission of the list, and any necessary adjustments
to correct the list as submitted, shall be made prior to final settlement.
E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination
claim to the City in the form and with the certification prescribed by the City. Unless an
extension is made in writing within such 60 day period by the Contractor, and granted by the
City, any and all such claims shall be conclusively deemed waived.
F. In such case, Contractor shall be paid for (without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination, including fair and reasonable sums for overhead and profit on
such Work;
2. expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials, or equipment as required by the Contract Documents in connection
with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
and
3. reasonable expenses directly attributable to termination.
G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid
to the Contractor by reason of the termination of the Work, the City shall determine, on the basis
of information available to it, the amount, if any, due to the Contractor by reason of the
termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid
on account of loss of anticipated profits or revenue or other economic loss arising out of or
resulting from such termination.
ARTICLE 16 – DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision
under Paragraph 10.06 before such decision becomes final and binding. The request for
mediation shall be submitted to the other party to the Contract. Timely submission of the request
shall stay the effect of Paragraph 10.06.E.
B. City and Contractor shall participate in the mediation process in good faith. The process shall be
commenced within 60 days of filing of the request.
C. If the Contract Claim is not resolved by mediation, City’s action under Paragraph 10.06.C or a
denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after
termination of the mediation unless, within that time period, City or Contractor:
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 62 of 63
1. elects in writing to invoke any other dispute resolution process provided for in the
Supplementary Conditions; or
2. agrees with the other party to submit the Contract Claim to another dispute resolution
process; or
3. gives written notice to the other party of the intent to submit the Contract Claim to a court of
competent jurisdiction.
ARTICLE 17 – MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
1. delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving party.
17.02 Computation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last
day of the period.
17.03 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revision: February 2, 2016
00 72 00 - 1
GENERAL CONDITIONS
Page 63 of 63
17.04 Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
17.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
00 73 00 - 1
SUPPLEMENTARY CONDITIONS
Page 1 of 5
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
1 SECTION 00 73 00
2 SUPPLEMENTARY CONDITIONS
3 TO
4 GENERAL CONDITIONS
5
6 Supplementary Conditions
7
8 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other
9 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are
10 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions
11 of the General Conditions which are not so modified or supplemented remain in full force and effect.
12
13 Defined Terms
14
15 The terms used in these Supplementary Conditions which are defined in the General Conditions have the
16 meaning assigned to them in the General Conditions, unless specifically noted herein.
17
18 Modifications and Supplements
19
20 The following are instructions that modify or supplement specific paragraphs in the General Conditions and
21 other Contract Documents.
22
23 SC-3.03B.2, “Resolving Discrepancies”
24
25 Plans govern over Specifications.
26
27 SC-4.01A
28
29 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding.
30 Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the
31 Contract Drawings.
32
33 SC-4.01A.1., “Availability of Lands”
34
35 The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of
36
37 Outstanding Right-Of-Way, and/or Easements to Be Acquired
PARCEL
NUMBER
OWNER TARGET DATE
OF POSSESSION
None
38 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed,
39 and do not bind the City.
40
41 If Contractor considers the final easements provided to differ materially from the representations on the
42 Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work,
43 notify City in writing associated with the differing easement line locations.
44
45 SC-4.01A.2, “Availability of Lands”
46
47 Utilities or obstructions to be removed, adjusted, and/or relocated
00 73 00 - 2
SUPPLEMENTARY CONDITIONS
Page 2 of 5
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
1
2 The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated
3 as of September 2018:
4
EXPECTED
OWNER
UTILITY AND LOCATION TARGET DATE OF
ADJUSTMENT
5 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed,
6 and do not bind the City.
7
8 SC-4.02A., “Subsurface and Physical Conditions”
9
10 The following are reports of explorations and tests of subsurface conditions at the site of the Work:
11
12 A geotechnical investigation Project No. 19-23827, dated October 2019, prepared by Rone Engineering.
13
14 The following are drawings of physical conditions in or relating to existing surface and subsurface
15 structures (except Underground Facilities) which are at or contiguous to the site of the Work:
16 NONE
17
18 SC-4.06A., “Hazardous Environmental Conditions at Site”
19
20 The following are reports and drawings of existing hazardous environmental conditions known to the City:
21 NONE
22
23 SC-5.03A., “Certificates of Insurance”
24
25 The entities listed below are "additional insureds as their interest may appear" including their respective
26 officers, directors, agents and employees.
27
28 (1) City
29 (2) Consultant: Kimley-Horn and Associates, Inc.
30 (3) Other: Fort Worth Everman/Risinger Development, LLC; Commerce Construction Co., L.P.
31
32 SC-5.04A., “Contractor’s Insurance”
33
34 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following
35 coverages for not less than the following amounts or greater where required by laws and regulations:
36
37 5.04A. Workers' Compensation, under Paragraph GC-5.04A.
38
39 Statutory limits
40 Employer's liability
41 $100,000 each accident/occurrence
42 $100,000 Disease - each employee
43 $500,000 Disease - policy limit
44
45 SC-5.04B., “Contractor’s Insurance”
46
47 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance
48 under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with
49 minimum limits of:
00 73 00 - 3
SUPPLEMENTARY CONDITIONS
Page 3 of 5
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
1
2 $1,000,000 each occurrence
3 $2,000,000 aggregate limit
4
5 The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the
6 General Aggregate Limits apply separately to each job site.
7
8 The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s.
9 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance.
10
11 SC 5.04C., “Contractor’s Insurance”
12 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor’s Liability Insurance under
13 Paragraph GC-5.04C., which shall be in an amount not less than the following amounts:
14
15 (1)Automobile Liability - a commercial business policy shall provide coverage on "Any Auto",
16 defined as autos owned, hired and non-owned.
17
18 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at
19 least:
20
21 $250,000 Bodily Injury per person /
22 $500,000 Bodily Injury per accident /
23 $100,000 Property Damage
24
25 SC-5.04D., “Contractor’s Insurance”
26
27 The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and
28 material deliveries to cross railroad properties and tracks
29 NONE.
30
31 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with,
32 hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains
33 or other property. Such operations on railroad properties may require that Contractor to execute a “Right of
34 Entry Agreement” with the particular railroad company or companies involved, and to this end the
35 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute
36 the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate
37 to the Contractor’s use of private and/or construction access roads crossing said railroad company’s
38 properties.
39
40 The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide
41 coverage for not less than the following amounts, issued by companies satisfactory to the City and to the
42 Railroad Company for a term that continues for so long as the Contractor’s operations and work cross,
43 occupy, or touch railroad property:
44
45 (1) General Aggregate:N/A
46
47 (2) Each Occurrence:N/A
48
49 Required for this Contract x Not required for this Contract
50 With respect to the above outlined insurance requirements, the following shall govern:
51
52 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in
53 the name of the railroad company. However, if more than one grade separation or at-grade
54 crossing is affected by the Project at entirely separate locations on the line or lines of the same
55 railroad company, separate coverage may be required, each in the amount stated above.
00 73 00 - 4
SUPPLEMENTARY CONDITIONS
Page 4 of 5
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
1
2 2. Where more than one railroad company is operating on the same right-of-way or where several
3 railroad companies are involved and operated on their own separate rights-of-way, the Contractor
4 may be required to provide separate insurance policies in the name of each railroad company.
5
6 3. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a
7 railroad company’s right-of-way at a location entirely separate from the grade separation or at-
8 grade crossing, insurance coverage for this work must be included in the policy covering the grade
9 separation.
10
11 4. If no grade separation is involved but other work is proposed on a railroad company’s right-of-
12 way, all such other work may be covered in a single policy for that railroad, even though the work
13 may be at two or more separate locations.
14
15 No work or activities on a railroad company’s property to be performed by the Contractor shall be
16 commenced until the Contractor has furnished the City with an original policy or policies of the insurance
17 for each railroad company named, as required above. All such insurance must be approved by the City and
18 each affected Railroad Company prior to the Contractor’s beginning work.
19
20 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way
21 has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition,
22 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way.
23 Such insurance must name the railroad company as the insured, together with any tenant or lessee of the
24 railroad company operating over tracks involved in the Project.
25
26 SC-6.04., “Project Schedule”
27
28 Project schedule shall be tier 3 for the project.
29
30 SC-6.07., “Wage Rates”
31
32 The following is the prevailing wage rate table(s) applicable to this project and is provided in the
33 Appendixes:
34 NONE
35
36 SC-6.09., “Permits and Utilities”
37
38 SC-6.09A., “Contractor obtained permits and licenses”
39 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor:
40 NONE
41
42 SC-6.09B. “City obtained permits and licenses”
43 The following are known permits and/or licenses required by the Contract to be acquired by the City:
44 NONE
45
46 SC-6.09C. “Outstanding permits and licenses”
47
48 The following is a list of known outstanding permits and/or licenses to be acquired, if any as of September
49 2018:
50
51 Outstanding Permits and/or Licenses to Be Acquired
OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE
OF POSSESSION
NONE
00 73 00 - 5
SUPPLEMENTARY CONDITIONS
Page 5 of 5
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE
OF POSSESSION
1
2 SC-7.02., “Coordination”
3
4 The individuals or entities listed below have contracts with the City for the performance of other work at
5 the Site:
6 NONE
7
8 SC-8.01, “Communications to Contractor”
9
10 NONE
11
12 SC-9.01., “City’s Project Manager”
13
14 The City’s Project Manager for this Contract is Gopal Sahu, or his/her successor pursuant to written
15 notification from the Director of T/PW.
16
17 SC-13.03C., “Tests and Inspections”
18
19 NONE
20
21 SC-16.01C.1, “Methods and Procedures”
22
23 NONE
24
25
26
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
1/22/2016 F. Griffin SC-9.01., “City’s Project Representative” wording changed to City’s Project
Manager.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
STANDARD CITY CONDITIONS
OF THE CONSTRUCTION CONTRACT
FOR DEVELOPER AWARDED PROJECTS
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
STANDARD CITY CONDITIONS OF THE
CONSTRUCTION CONTRACT
FOR DEVELOPER AWARDED PROJECTS
TABLE OF CONTENTS
Page
Article 1 – Definitions and Terminology .......................................................................................................... 1
1.01 Defined Terms ............................................................................................................................... 1
1.02 Terminology .................................................................................................................................. 5
Article 2 – Preliminary Matters ......................................................................................................................... 6
2.01 Before Starting Construction ........................................................................................................ 6
2.02 Preconstruction Conference .......................................................................................................... 6
2.03 Public Meeting .............................................................................................................................. 6
Article 3 – Contract Documents and Amending ............................................................................................... 6
3.01 Reference Standards ..................................................................................................................... 6
3.02 Amending and Supplementing Contract Documents .................................................................. 6
Article 4 – Bonds and Insurance ....................................................................................................................... 7
4.01 Licensed Sureties and Insurers ..................................................................................................... 7
4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7
4.03 Certificates of Insurance ............................................................................................................... 7
4.04 Contractor’s Insurance .................................................................................................................. 9
4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12
Article 5 – Contractor’s Responsibilities ........................................................................................................ 12
5.01 Supervision and Superintendent ................................................................................................. 12
5.02 Labor; Working Hours ................................................................................................................ 13
5.03 Services, Materials, and Equipment ........................................................................................... 13
5.04 Project Schedule .......................................................................................................................... 14
5.05 Substitutes and “Or-Equals” ....................................................................................................... 14
5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16
5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16
5.08 Wage Rates.................................................................................................................................. 18
5.09 Patent Fees and Royalties ........................................................................................................... 19
5.10 Laws and Regulations ................................................................................................................. 19
5.11 Use of Site and Other Areas ....................................................................................................... 19
5.12 Record Documents ...................................................................................................................... 20
5.13 Safety and Protection .................................................................................................................. 21
5.14 Safety Representative ................................................................................................................. 21
5.15 Hazard Communication Programs ............................................................................................. 22
5.16 Submittals .................................................................................................................................... 22
5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
5.18 Indemnification ........................................................................................................................... 24
5.19 Delegation of Professional Design Services .............................................................................. 24
5.20 Right to Audit: ............................................................................................................................ 25
5.21 Nondiscrimination....................................................................................................................... 25
Article 6 – Other Work at the Site ................................................................................................................... 26
6.01 Related Work at Site ................................................................................................................... 26
Article 7 – City’s Responsibilities................................................................................................................... 26
7.01 Inspections, Tests, and Approvals .............................................................................................. 26
7.02 Limitations on City’s Responsibilities ....................................................................................... 26
7.03 Compliance with Safety Program ............................................................................................... 27
Article 8 – City’s Observation Status During Construction ........................................................................... 27
8.01 City’s Project Representative ..................................................................................................... 27
8.02 Authorized Variations in Work .................................................................................................. 27
8.03 Rejecting Defective Work .......................................................................................................... 27
8.04 Determinations for Work Performed .......................................................................................... 28
Article 9 – Changes in the Work ..................................................................................................................... 28
9.01 Authorized Changes in the Work ............................................................................................... 28
9.02 Notification to Surety .................................................................................................................. 28
Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28
10.01 Change of Contract Price ............................................................................................................ 28
10.02 Change of Contract Time............................................................................................................ 28
10.03 Delays .......................................................................................................................................... 28
Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29
11.01 Notice of Defects ........................................................................................................................ 29
11.02 Access to Work ........................................................................................................................... 29
11.03 Tests and Inspections .................................................................................................................. 29
11.04 Uncovering Work ....................................................................................................................... 30
11.05 City May Stop the Work ............................................................................................................. 30
11.06 Correction or Removal of Defective Work ................................................................................ 30
11.07 Correction Period ........................................................................................................................ 30
11.08 City May Correct Defective Work ............................................................................................. 31
Article 12 – Completion .................................................................................................................................. 32
12.01 Contractor’s Warranty of Title ................................................................................................... 32
12.02 Partial Utilization ........................................................................................................................ 32
12.03 Final Inspection ........................................................................................................................... 32
12.04 Final Acceptance ......................................................................................................................... 33
Article 13 – Suspension of Work .................................................................................................................... 33
13.01 City May Suspend Work ............................................................................................................ 33
Article 14 – Miscellaneous .............................................................................................................................. 34
14.01 Giving Notice .............................................................................................................................. 34
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
14.02 Computation of Times ................................................................................................................ 34
14.03 Cumulative Remedies ................................................................................................................. 34
14.04 Survival of Obligations ............................................................................................................... 35
14.05 Headings ...................................................................................................................................... 35
00 73 10- 1
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 1 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
ARTICLE 1 – DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in these General Conditions or in other Contract Documents, the terms listed
below have the meanings indicated which are applicable to both the singular and plural thereof,
and words denoting gender shall include the masculine, feminine and neuter. Said terms are
generally capitalized or written in italics, but not always. When used in a context consistent with
the definition of a listed-defined term, the term shall have a meaning as defined below whether
capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
1. Agreement - The written instrument which is evidence of the agreement between Developer
and Contractor covering the Work
2. Asbestos—Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
3. Business Day – A business day is defined as a day that the City conducts normal business,
generally Monday through Friday, except for federal or state holidays observed by the City.
4. Buzzsaw – City’s on-line, electronic document management and collaboration system.
5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight.
6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by,
its governing body through its City Manager, his designee, or agents authorized pursuant to
its duly authorized charter on his behalf.
7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City
for the Construction of one or more following public facilities within the City public right-of-
way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs.
A CFA may include private facilities within the right-of-way dedicated as private right-of-
way or easement on a recorded plat.
8. Contract—The entire and integrated written document incorporating the Contract
Documents between the Developer, Contractor, and/or City concerning the Work. The
Contract supersedes prior negotiations, representations, or agreements, whether written or
oral.
9. Contract Documents—Those items that make up the contract and which must include the
Agreement, and it’s attachments such as standard construction specifications, standard City
Conditions, other general conditions of the Developer, including:
a. An Agreement
00 73 10- 2
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 2 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
b. Attachments to the Agreement
i. Bid Form
ii. Vendor Compliance with State Law Non-Resident Bidder
iii. Prequalification Statement
c. Current Prevailing Wage Rates Table (if required by City)
d. Insurance Accord Form
e. Payment Bond
f. Performance Bond
g. Maintenance Bond
h. Power of Attorney for Bonds
i. Workers Compensation Affidavit
j. MWBE Commitment Form( If required by City)
k. General Conditions
l. Supplementary Conditions
m. The Standard City Conditions
n. Specifications specifically made part of the Contract Documents by attachment, if
not attached, as incorporated by reference and described in the Table of Contents of
the Project’s Contract Documents
o. Drawings
p. Documentation submitted by contractor prior to Notice of Award.
q. The following which may be delivered or issued after the effective date if the
Agreement and, if issued become an incorporated part of the Contract Documents
i. Notice to Proceed
ii. Field Orders
iii. Change Orders
iv. Letters of Final Acceptance
r. Approved Submittals, other Contractor submittals, and the reports and drawings of
subsurface and physical conditions are not Contract Documents.
10. Contractor—The individual or entity with whom Developer has entered into the Agreement.
11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day.
12. Developer – An individual or entity that desires to make certain improvements within the
City of Fort Worth
13. Drawings—That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Submittals are not Drawings as so defined.
14. Engineer—The licensed professional engineer or engineering firm registered in the State of
Texas performing professional services for the Developer.
15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor
that the Work specified in the Contract Documents has been completed to the satisfaction of
the City.
00 73 10- 3
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 3 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
16. Final Inspection – Inspection carried out by the City to verify that the Contractor has
completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in
conformance with the Contract Documents.
17. General Requirements—A part of the Contract Documents between the Developer and a
Contractor.
18. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes,
and orders of any and all governmental bodies, agencies, authorities, and courts having
jurisdiction.
19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
20. Milestone—A principal event specified in the Contract Documents relating to an
intermediate Contract Time prior to Final Acceptance of the Work.
21. Non-Participating Change Order—A document, which is prepared for and reviewed by the
City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or
revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on
or after the Effective Date of the Agreement.
22. Participating Change Order—A document, which is prepared for and approved by the City,
which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or
revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on
or after the Effective Date of the Agreement.
23. Plans – See definition of Drawings.
24. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with
the General Requirements, describing the sequence and duration of the activities comprising
the Contractor’s plan to accomplish the Work within the Contract Time.
25. Project—The Work to be performed under the Contract Documents.
26. Project Representative—The authorized representative of the City who will be assigned to
the Site.
27. Public Meeting – An announced meeting conducted by the Developer to facilitate public
participation and to assist the public in gaining an informed view of the Project.
28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday
thru Friday (excluding legal holidays).
29. Samples—Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
00 73 10- 4
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 4 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled performance of related
construction activities.
31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or
Developer upon which the Work is to be performed, including rights-of-way, permits, and
easements for access thereto, and such other lands furnished by City or Developer which are
designated for the use of Contractor.
32. Specifications—That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable thereto.
Specifications may be specifically made a part of the Contract Documents by attachment or,
if not attached, may be incorporated by reference as indicated in the Table of Contents
(Division 00 00 00) of each Project.
33. Standard City Conditions – That part of the Contract Documents setting forth requirements
of the City.
34. Subcontractor—An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for Contractor and submitted by
Contractor to illustrate some portion of the Work.
36. Superintendent – The representative of the Contractor who is available at all times and able
to receive instructions from the City and/or Developer and to act for the Contractor.
37. Supplementary Conditions—That part of the Contract Documents which amends or
supplements the General Conditions.
38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having
a direct contract with Contractor or with any Subcontractor to furnish materials or
equipment to be incorporated in the Work by Contractor or Subcontractor.
39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any
encasements containing such facilities, including but not limited to, those that convey
electricity, gases, steam, liquid petroleum products, telephone or other communications,
cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or
other control systems.
40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday,
Sunday or legal holiday, as approved in advance by the City.
00 73 10- 5
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 5 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
41. Work—The entire construction or the various separately identifiable parts thereof required
to be provided under the Contract Documents. Work includes and is the result of performing
or providing all labor, services, and documentation necessary to produce such construction
including any Participating Change Order, Non-Participating Change Order, or Field
Order, and furnishing, installing, and incorporating all materials and equipment into such
construction, all as required by the Contract Documents.
42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or
legal holidays authorized by the City for contract purposes, in which weather or other
conditions not under the control of the Contractor will permit the performance of the
principal unit of work underway for a continuous period of not less than 7 hours between 7
a.m. and 6 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Defective:
1. The word “defective,” when modifying the word “Work,” refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to City’s written acceptance.
C. Furnish, Install, Perform, Provide:
1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or
the word “Supply,” or any combination or similar directive or usage thereof, shall mean
furnishing and incorporating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
00 73 10- 6
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 6 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
ARTICLE 2 – PRELIMINARY MATTERS
2.01 Before Starting Construction
Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting
the Work. New schedules will be submitted to City when Participating Change Orders or Non-
Participating Change Orders occur.
2.02 Preconstruction Conference
Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as
specified in the Contract Documents.
2.03 Public Meeting
Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor
attending the Public Meeting as scheduled by the City.
ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING
3.01 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
1. Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision or instruction shall be effective to assign to City, or any of its officers,
directors, members, partners, employees, agents, consultants, or subcontractors, any duty or
authority to supervise or direct the performance of the Work or any duty or authority to
undertake responsibility inconsistent with the provisions of the Contract Documents.
3.02 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by a Participating Change Order or a
Non-Participating Change Order.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work not involving a change in Contract Price or Contract Time, may be
authorized, by one or more of the following ways:
1. A Field Order;
00 73 10- 7
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 7 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or
2. City’s written interpretation or clarification.
ARTICLE 4 – BONDS AND INSURANCE
4.01 Licensed Sureties and Insurers
All bonds and insurance required by the Contract Documents to be purchased and maintained by
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Texas to issue bonds or insurance policies for the limits and coverage so required.
Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided Section 4.04.
4.02 Performance, Payment, and Maintenance Bonds
A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in
accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount
equal to the Contract Price as security for the faithful performance and payment of all of
Contractor’s obligations under the Contract Documents.
B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount
equal to the Contract Price as security to protect the City against any defects in any portion of the
Work described in the Contract Documents. Maintenance bonds shall remain in effect for two
(2) years after the date of Final Acceptance by the City.
C. All bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list
of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and
as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed
by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney
which shall show that it is effective on the date the agent or attorney-in-fact signed each bond.
D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in the State of Texas or it ceases to meet the requirements of
Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event
giving rise to such notification, provide another bond and surety, both of which shall comply
with the requirements of Paragraphs 4.01 and 4.02.C.
4.03 Certificates of Insurance
Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee
identified in these Standard City Conditions certificates of insurance (and other evidence of
insurance requested by City or any other additional insured) which Contractor is required to
purchase and maintain.
00 73 10- 8
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 8 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
1. The certificate of insurance shall document the City, an as “Additional Insured” on all
liability policies.
2. The Contractor’s general liability insurance shall include a, “per project” or “per location”,
endorsement, which shall be identified in the certificate of insurance provided to the City.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in
the current A.M. Best Property & Casualty Guide
4. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of City is required.
5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor
of the City. In addition, the Contractor agrees to waive all rights of subrogation against the
Engineer (if applicable), and each additional insured identified in these Standard City
Conditions. Failure of the City to demand such certificates or other evidence of full
compliance with the insurance requirements or failure of the City to identify a deficiency
from evidence that is provided shall not be construed as a waiver of Contractor’s obligation
to maintain such lines of insurance coverage.
6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If
coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is claims-made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Contract and for three (3) years following Final
Acceptance provided under the Contract Documents or for the warranty period, whichever is
longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
00 73 10- 9
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 9 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups, must also be approved by City.
10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a
first-dollar basis, must be acceptable to and approved by the City.
11. City, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverage’s and their limits when deemed
necessary and prudent by the City based upon changes in statutory law, court decision or the
claims history of the industry as well as of the contracting party to the City. The City shall
be required to provide prior notice of 90 days, and the insurance adjustments shall be
incorporated into the Work by Change Order.
12. City shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto and may make any reasonable requests for deletion or revision or
modifications of particular policy terms, conditions, limitations, or exclusions necessary to
conform the policy and endorsements to the requirements of the Contract. Deletions,
revisions, or modifications shall not be required where policy provisions are established by
law or regulations binding upon either party or the underwriter on any such policies.
13. City shall not be responsible for the direct payment of insurance premium costs for
Contractor’s insurance.
4.04 Contractor’s Insurance
A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such
insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’
Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for
Employers’ Liability as is appropriate for the Work being performed and as will provide
protection from claims set forth below which may arise out of or result from Contractor’s
performance of the Work and Contractor’s other obligations under the Contract Documents,
whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly
or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any of them may be liable:
1. claims under workers’ compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor’s employees.
3. The limits of liability for the insurance shall provide the following coverages for not less
than the following amounts or greater where required by Laws and Regulations
a. Statutory limits
b. Employer's liability
00 73 10- 10
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 10 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
1) $100,000 each accident/occurrence
2) $100,000 Disease - each employee
3) $500,000 Disease - policy limit
B. Commercial General Liability. Coverage shall include but not be limited to covering liability
(bodily injury or property damage) arising from: premises/operations, independent contractors,
products/completed operations, personal injury, and liability under an insured contract. Insurance
shall be provided on an occurrence basis, and as comprehensive as the current Insurance
Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to
any other insurance or self-insurance programs afforded to the City. The Commercial General
Liability policy, shall have no exclusions by endorsements that would alter of nullify
premises/operations, products/completed operations, contractual, personal injury, or advertising
injury, which are normally contained with the policy, unless the City approves such exclusions
in writing.
1. For construction projects that present a substantial completed operation exposure, the City
may require the contractor to maintain completed operations coverage for a minimum of no
less than three (3) years following the completion of the project
2. Contractor's Liability Insurance under this Section which shall be on a per project basis
covering the Contractor with minimum limits of:
a. $1,000,000 each occurrence
b. $2,000,000 aggregate limit
3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance)
making the General Aggregate Limits apply separately to each job site.
4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U”
coverage’s. Verification of such coverage must be shown in the Remarks Article of the
Certificate of Insurance.
C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”,
defined as autos owned, hired and non-owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone
for whose acts any of them may be liable.
1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in
an amount not less than the following amounts:
a. Automobile Liability - a commercial business policy shall provide coverage on "Any
Auto", defined as autos owned, hired and non-owned.
00 73 10- 11
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 11 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
1) $1,000,000 each accident on a combined single limit basis. Split limits are
acceptable if limits are at least:
2) $250,000 Bodily Injury per person
3) $500,000 Bodily Injury per accident /
4) $100,000 Property Damage
D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the following requirements:
1. The Contractor’s construction activities will require its employees, agents, subcontractors,
equipment, and material deliveries to cross railroad properties and tracks owned and
operated by: ____________________________________________________________
Write the name of the railroad company. (If none, then write none)
2. The Contractor shall conduct its operations on railroad properties in such a manner as not to
interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use
or operation of its/their trains or other property. Such operations on railroad properties may
require that Contractor to execute a “Right of Entry Agreement” with the particular railroad
company or companies involved, and to this end the Contractor should satisfy itself as to the
requirements of each railroad company and be prepared to execute the right-of-entry (if any)
required by a railroad company. The requirements specified herein likewise relate to the
Contractor’s use of private and/or construction access roads crossing said railroad company’s
properties.
3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions
shall provide coverage for not less than the following amounts, issued by companies
satisfactory to the City and to the Railroad Company for a term that continues for so long as
the Contractor’s operations and work cross, occupy, or touch railroad property:
a. General Aggregate: _____________________________________
Enter limits provided by Railroad Company (If none, write none)
b. Each Occurrence: : _____________________________________
Enter limits provided by Railroad Company (If none, write none)
4. With respect to the above outlined insurance requirements, the following shall govern:
a. Where a single railroad company is involved, the Contractor shall provide one insurance
policy in the name of the railroad company. However, if more than one grade separation
or at-grade crossing is affected by the Project at entirely separate locations on the line or
lines of the same railroad company, separate coverage may be required, each in the
amount stated above.
b. Where more than one railroad company is operating on the same right-of-way or where
several railroad companies are involved and operated on their own separate rights-of-
00 73 10- 12
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 12 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
way, the Contractor may be required to provide separate insurance policies in the name
of each railroad company.
c. If, in addition to a grade separation or an at-grade crossing, other work or activity is
proposed on a railroad company’s right-of-way at a location entirely separate from the
grade separation or at-grade crossing, insurance coverage for this work must be included
in the policy covering the grade separation.
d. If no grade separation is involved but other work is proposed on a railroad company’s
right-of-way, all such other work may be covered in a single policy for that railroad, even
though the work may be at two or more separate locations.
5. No work or activities on a railroad company’s property to be performed by the Contractor
shall be commenced until the Contractor has furnished the City with an original policy or
policies of the insurance for each railroad company named, as required above. All such
insurance must be approved by the City and each affected Railroad Company prior to the
Contractor’s beginning work.
6. The insurance specified above must be carried until all Work to be performed on the railroad
right-of-way has been completed and the grade crossing, if any, is no longer used by the
Contractor. In addition, insurance must be carried during all maintenance and/or repair work
performed in the railroad right-of-way. Such insurance must name the railroad company as
the insured, together with any tenant or lessee of the railroad company operating over tracks
involved in the Project.
E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation
or other loss of insurance coverage. Contractor shall stop work until replacement insurance has
been procured. There shall be no time credit for days not worked pursuant to this section.
4.05 Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the Developer and City shall so notify the
Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence
requested). Contractor shall provide to the City such additional information in respect of insurance
provided as the Developer or City may reasonably request. If Contractor does not purchase or
maintain all of the bonds and insurance required by the Contract Documents, the Developer or City
shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure
to maintain prior to any change in the required coverage.
ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES
5.01 Supervision and Superintendent
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
00 73 10- 13
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 13 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction.
B. At all times during the progress of the Work, Contractor shall assign a competent, English-
speaking, Superintendent who shall not be replaced without written notice to City. The
Superintendent will be Contractor’s representative at the Site and shall have authority to act on
behalf of Contractor. All communication given to or received from the Superintendent shall be
binding on Contractor.
C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of
construction.
5.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to perform construction as
required by the Contract Documents. Contractor shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. Contractor will not permit the
performance of Work beyond Regular Working Hours or for Weekend Working Hours without
City’s written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication) to perform Work:
1. for beyond Regular Working Hours request must be made by noon at least two (2) Business
Days prior
2. for Weekend Working Hours request must be made by noon of the preceding Thursday
3. for legal holidays request must be made by noon two Business Days prior to the legal
holiday.
5.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary
facilities, temporary facilities, and all other facilities and incidentals necessary for the
performance, Contractor required testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of materials and equipment.
00 73 10- 14
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 14 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
5.04 Project Schedule
A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01
and the General Requirements as it may be adjusted from time to time as provided below.
1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and
the General Requirements) proposed adjustments in the Project Schedule.
2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 9. Adjustments in Contract Time
for projects with City participation shall be made by participating change orders.
5.05 Substitutes and “Or-Equals”
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or “or-equal” item or no substitution is permitted, other items of material or equipment of other
Suppliers may be submitted to City for review under the circumstances described below.
1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by
Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an “or-equal” item, in which
case review and approval of the proposed item may, in City’s sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. City determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service; and
b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time; and
00 73 10- 15
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 15 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substitute Items:
a. If in City’s sole discretion an item of material or equipment proposed by Contractor does
not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow City to
determine if the item of material or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by City from anyone other than
Contractor.
c. Contractor shall make written application to City for review of a proposed substitute item
of material or equipment that Contractor seeks to furnish or use. The application shall
comply with Section 01 25 00 and:
1) shall certify that the proposed substitute item will:
i. perform adequately the functions and achieve the results called for by the general
design;
ii. be similar in substance to that specified;
iii. be suited to the same use as that specified; and
2) will state:
i. the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor’s achievement of final completion on time;
ii. whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
iii. whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
i. all variations of the proposed substitute item from that specified;
ii. available engineering, sales, maintenance, repair, and replacement services; and
00 73 10- 16
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 16 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by City. Contractor shall submit sufficient information to allow City, in
City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly
called for by the Contract Documents. Contractor shall make written application to City for
review in the same manner as those provided in Paragraph 5.05.A.2.
C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require
Contractor to furnish additional data about the proposed substitute. City will be the sole judge of
acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination.
D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special
performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall
indemnify and hold harmless City and anyone directly or indirectly employed by them from and
against any and all claims, damages, losses and expenses (including attorneys fees) arising out
of the use of substituted materials or equipment.
E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or
submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City
approves a substitute so proposed or submitted by Contractor, Contractor may be required to
reimburse City for evaluating each such proposed substitute. Contractor may also be required to
reimburse City for the charges for making changes in the Contract Documents.
F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or
“or-equal” at Contractor’s expense.
G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute
shall be incorporated to the Contract by Participating Change Order.
5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors)
A. The Contractor and any subcontractors are required to be prequalified for the work types
requiring pre-qualification
5.07 Concerning Subcontractors, Suppliers, and Others
A. Minority and Women Owned Business Enterprise Compliance:
00 73 10- 17
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 17 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
Required for this Contract.
(Check this box if there is any City Participation)
Not Required for this Contract.
It is City policy to ensure the full and equitable participation by Minority and Women Business
Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the
Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent
of the City’s MWBE Ordinance (as amended) by the following:
1. Contractor shall, upon request by City, provide complete and accurate information regarding
actual work performed by a MWBE on the Contract and payment therefor.
2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without
written consent of the City. Any unjustified change or deletion shall be a material breach of
Contract and may result in debarment in accordance with the procedures outlined in the
Ordinance.
3. Contractor shall, upon request by City, allow an audit and/or examination of any books,
records, or files in the possession of the Contractor that will substantiate the actual work
performed by an MWBE. Material misrepresentation of any nature will be grounds for
termination of the Contract. Any such misrepresentation may be grounds for disqualification
of Contractor to bid on future contracts with the City for a period of not less than three years.
B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work just as
Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract
Documents:
1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between City and any such Subcontractor, Supplier or other
individual or entity; nor
2. shall create any obligation on the part of City to pay or to see to the payment of any moneys
due any such Subcontractor, Supplier, or other individual or entity except as may otherwise
be required by Laws and Regulations.
C. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with Contractor.
D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing
any of the Work shall communicate with City through Contractor.
E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract
00 73 10- 18
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 18 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
Documents, Contractor shall provide City contract numbers and reference numbers to the
Subcontractors and/or Suppliers.
5.08 Wage Rates
Required for this Contract.
Not Required for this Contract.
A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of
Chapter 2258, Texas Government Code (as amended), including the payment of not less than the
rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in
accordance with Chapter 2258. Such prevailing wage rates are included in these Contract
Documents.
B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage
shall, upon demand made by the City, pay to the City $60 for each worker employed for each
calendar day or part of the day that the worker is paid less than the prevailing wage rates
stipulated in these contract documents. This penalty shall be retained by the City to offset its
administrative costs, pursuant to Texas Government Code 2258.023.
C. Complaints of Violations and City Determination of Good Cause. On receipt of information,
including a complaint by a worker, concerning an alleged violation of 2258.023, Texas
Government Code, by a Contractor or Subcontractor, the City shall make an initial
determination, before the 31st day after the date the City receives the information, as to whether
good cause exists to believe that the violation occurred. The City shall notify in writing the
Contractor or Subcontractor and any affected worker of its initial determination. Upon the
City’s determination that there is good cause to believe the Contractor or Subcontractor has
violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or
claimants as the difference between wages paid and wages due under the prevailing wage rates,
such amounts being subtracted from successive progress payments pending a final determination
of the violation.
D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of
Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected
worker, shall be submitted to binding arbitration in accordance with the Texas General
Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any
affected worker does not resolve the issue by agreement before the 15th day after the date the
City makes its initial determination pursuant to Paragraph C above. If the persons required to
arbitrate under this section do not agree on an arbitrator before the 11th day after the date that
arbitration is required, a district court shall appoint an arbitrator on the petition of any of the
persons. The City is not a party in the arbitration. The decision and award of the arbitrator is
final and binding on all parties and may be enforced in any court of competent jurisdiction.
E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3)
years following the date of acceptance of the work, maintain records that show (i) the name and
00 73 10- 19
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 19 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
occupation of each worker employed by the Contractor in the construction of the Work provided
for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be
open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right
to Audit, shall pertain to this inspection.
F. Progress Payments. With each progress payment or payroll period, whichever is less, the
Contractor shall submit an affidavit stating that the Contractor has complied with the
requirements of Chapter 2258, Texas Government Code.
G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at
all times.
H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall
otherwise require all of its Subcontractors to comply with Paragraphs A through G above.
5.09 Patent Fees and Royalties
A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to any infringement of
patent rights or copyrights incident to the use in the performance of the Work or resulting from
the incorporation in the Work of any invention, design, process, product, or device not specified
in the Contract Documents.
5.10 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s
compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws
or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor’s responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor’s obligations under Paragraph 3.01.
5.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
1. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
00 73 10- 20
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 20 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
other materials or equipment. Contractor shall assume full responsibility for any damage to
any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is
carrying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work, the City may require the Contractor to finish the
section on which operations are in progress before work is commenced on any additional
area of the Site.
3. Should any Damage Claim be made by any such owner or occupant because of the
performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim.
4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and
against all claims, costs, losses, and damages arising out of or relating to any claim or
action, legal or equitable, brought by any such owner or occupant against City.
B. Removal of Debris During Performance of the Work: During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the
clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the
Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as
the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the
written notice (by letter or electronic communication), and shall be entitled to recover its cost in
doing so. The City may withhold Final Acceptance until clean-up is complete and cost are
recovered.
D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and
the Work and make it ready for utilization by City or adjacent property owner. At the completion
of the Work Contractor shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded
in any manner that will endanger the structure, nor shall Contractor subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
5.12 Record Documents
A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor
and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated
to show changes made during construction. These record documents together with all approved
00 73 10- 21
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 21 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
Samples and a counterpart of all accepted Submittals will be available to City for reference.
Upon completion of the Work, these record documents, any operation and maintenance manuals,
and Submittals will be delivered to City prior to Final Inspection. Contractor shall include
accurate locations for buried and imbedded items.
5.13 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on
or off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal, relocation, and replacement of their property.
C. Contractor shall comply with the applicable requirements of City’s safety programs, if any.
D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any,
with which City’s employees and representatives must comply while at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused,
directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any
other individual or entity directly or indirectly employed by any of them to perform any of the
Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor.
F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and City has accepted the Work.
5.14 Safety Representative
Contractor shall inform City in writing of Contractor’s designated safety representative at the Site.
00 73 10- 22
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 22 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
5.15 Hazard Communication Programs
Contractor shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or
among employers in accordance with Laws or Regulations.
5.16 Submittals
A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal
will be identified as required by City.
1. Submit number of copies specified in the General Requirements.
2. Data shown on the Submittals will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and similar data to show City the
services, materials, and equipment Contractor proposes to provide and to enable City to
review the information for the limited purposes required by Paragraph 5.16.C.
3. Submittals submitted as herein provided by Contractor and reviewed by City for
conformance with the design concept shall be executed in conformity with the Contract
Documents unless otherwise required by City.
4. When Submittals are submitted for the purpose of showing the installation in greater detail,
their review shall not excuse Contractor from requirements shown on the Drawings and
Specifications.
5. For-Information-Only submittals upon which the City is not expected to conduct review or
take responsive action may be so identified in the Contract Documents.
6. Submit required number of Samples specified in the Specifications.
7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City to review the
submittal for the limited purposes required by Paragraph 5.16.C.
B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City’s review and acceptance of the pertinent submittal will be
at the sole expense and responsibility of Contractor.
C. City’s Review:
1. City will provide timely review of required Submittals in accordance with the Schedule of
Submittals acceptable to City. City’s review and acceptance will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, conform
to the information given in the Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract
Documents.
00 73 10- 23
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 23 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and
acceptance of a separate item as such will not indicate approval of the assembly in which the
item functions.
3. City’s review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Section 01 33 00 and City has given written acceptance of each
such variation by specific written notation thereof incorporated in or accompanying the
Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for
complying with the requirements of the Contract Documents.
5.17 Contractor’s General Warranty and Guarantee
A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor’s warranty and guarantee.
B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
2. normal wear and tear under normal usage.
C. Contractor’s obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor’s obligation to
perform the Work in accordance with the Contract Documents:
1. observations by City;
2. recommendation or payment by City or Developer of any progress or final payment;
3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by
City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal by City;
6. any inspection, test, or approval by others; or
00 73 10- 24
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 24 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
7. any correction of defective Work by City.
D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to
other work or property resulting therefrom which shall appear within a period of two (2) years
from the date of Final Acceptance of the Work unless a longer period is specified and shall
furnish a good and sufficient maintenance bond, complying with the requirements of Article
4.02.B. The City will give notice of observed defects with reasonable promptness.
5.18 Indemnification
A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the
City, its officers, servants and employees, from and against any and all claims arising out of, or
alleged to arise out of, the work and services to be performed by the Contractor, its officers,
agents, employees, subcontractors, licenses or invitees under this Contract. THIS
INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE
AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME
OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY
ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is
intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by
the City in defending against such claims and causes of actions.
B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its
officers, servants and employees, from and against any and all loss, damage or destruction of
property of the City, arising out of, or alleged to arise out of, the work and services to be
performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees
under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY
INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR
PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE
CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF
THE CITY.
5.19 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out Contractor’s responsibilities for construction means, methods,
techniques, sequences and procedures.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, City
will specify all performance and design criteria that such services must satisfy. Contractor shall
cause such services or certifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittals prepared by such professional. Submittals related to the Work designed or certified
by such professional, if prepared by others, shall bear such professional’s written approval when
submitted to City.
00 73 10- 25
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 25 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by such design professionals, provided City has specified
to Contractor performance and design criteria that such services must satisfy.
D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design
drawings will be only for the limited purpose of checking for conformance with performance
and design criteria given and the design concept expressed in the Contract Documents. City’s
review and acceptance of Submittals (except design calculations and design drawings) will be
only for the purpose stated in Paragraph 5.16.C.
5.20 Right to Audit:
A. The City reserves the right to audit all projects utilizing City funds
B. The Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of the Contractor involving transactions relating
to this Contract. Contractor agrees that the City shall have access during Regular Working Hours
to all necessary Contractor facilities and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this Paragraph. The City shall
give Contractor reasonable advance notice of intended audits.
C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that
the subcontractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of such Subcontractor, involving transactions to
the subcontract, and further, that City shall have access during Regular Working Hours to all
Subcontractor facilities, and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this Paragraph. The City shall give
Subcontractor reasonable advance notice of intended audits.
D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the
City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
5.21 Nondiscrimination
A. The City is responsible for operating Public Transportation Programs and implementing transit-
related projects, which are funded in part with Federal financial assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race, color, or national
origin.
B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
00 73 10- 26
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 26 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
ARTICLE 6 – OTHER WORK AT THE SITE
6.01 Related Work at Site
A. City may perform other work related to the Project at the Site with City’s employees, or other
City contractors, or through other direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Contract Documents, then written notice
thereof will be given to Contractor prior to starting any such other work; and
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility
owner, and City, if City is performing other work with City’s employees or other City
contractors, proper and safe access to the Site, provide a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of
the Work that may be required to properly connect or otherwise make its several parts come
together and properly integrate with such other work. Contractor shall not endanger any work of
others by cutting, excavating, or otherwise altering such work; provided, however, that
Contractor may cut or alter others' work with the written consent of City and the others whose
work will be affected.
C. If the proper execution or results of any part of Contractor’s Work depends upon work
performed by others under this Article 7, Contractor shall inspect such other work and promptly
report to City in writing any delays, defects, or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s
failure to so report will constitute an acceptance of such other work as fit and proper for
integration with Contractor’s Work except for latent defects in the work provided by others.
ARTICLE 7 – CITY’S RESPONSIBILITIES
7.01 Inspections, Tests, and Approvals
City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
11.03.
7.02 Limitations on City’s Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. City will not be responsible for
Contractor’s failure to perform the Work in accordance with the Contract Documents.
B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13.
00 73 10- 27
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 27 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
7.03 Compliance with Safety Program
While at the Site, City’s employees and representatives shall comply with the specific applicable
requirements of Contractor’s safety programs of which City has been informed pursuant to
Paragraph 5.13.
ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION
8.01 City’s Project Representative
City will provide one or more Project Representative(s) during the construction period. The duties
and responsibilities and the limitations of authority of City’s representative during construction are
set forth in the Contract Documents.
A. City’s Project Representative will make visits to the Site at intervals appropriate to the various
stages of construction as City deems necessary in order to observe the progress that has been
made and the quality of the various aspects of Contractor’s executed Work. Based on
information obtained during such visits and observations, City’s Project Representative will
determine, in general, if the Work is proceeding in accordance with the Contract Documents.
City’s Project Representative will not be required to make exhaustive or continuous inspections
on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts
will be directed toward providing City a greater degree of confidence that the completed Work
will conform generally to the Contract Documents.
B. City’s Project Representative’s visits and observations are subject to all the limitations on
authority and responsibility in the Contract Documents.
8.02 Authorized Variations in Work
City’s Project Representative may authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the Contract Price or the Contract
Time and are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on City Developer, and also on Contractor, who shall perform the Work involved promptly.
8.03 Rejecting Defective Work
City will have authority to reject Work which City’s Project Representative believes to be defective,
or will not produce a completed Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. City will have authority to conduct special inspection or
testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or
completed.
00 73 10- 28
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 28 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
8.04 Determinations for Work Performed
Contractor will determine the actual quantities and classifications of Work performed. City’s Project
Representative will review with Contractor the preliminary determinations on such matters before
rendering a written recommendation. City’s written decision will be final (except as modified to
reflect changed factual conditions or more accurate data).
ARTICLE 9 – CHANGES IN THE WORK
9.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, City may, at any time or
from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall
promptly proceed with the Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise specifically provided). Extra Work
shall be memorialized by a Participating Change Order which may or may not precede an order
of Extra work.
B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a
project with City participation, a Field Order may be issued by the City.
9.02 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s
responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the
effect of any such change.
ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME
10.01 Change of Contract Price
A. The Contract Price may only be changed by a Participating Change Order for projects with City
participation.
10.02 Change of Contract Time
A. The Contract Time may only be changed by a Participating Change Order for projects with City
participation.
10.03 Delays
A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
00 73 10- 29
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 29 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
11.01 Notice of Defects
Notice of all defective Work of which City has actual knowledge will be given to Contractor.
Defective Work may be rejected, corrected, or accepted as provided in this Article 13.
11.02 Access to Work
City, independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them of
Contractor’s safety procedures and programs so that they may comply therewith as applicable.
11.03 Tests and Inspections
A. Contractor shall give City timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any
of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full
responsibility for arranging and obtaining such independent inspections, tests, retests or
approvals, pay all costs in connection therewith, and furnish City the required certificates of
inspection or approval; excepting, however, those fees specifically identified in the
Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR)
inspections, which shall be paid as described in the Supplementary Conditions.
C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or
equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment
submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work.
Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by
City.
D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to
perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by
City.
1. City will coordinate such Testing to the extent possible, with Contractor;
2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
00 73 10- 30
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 30 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the
Testing Lab by Contractor. City will forward all invoices for retests to
Developer/Contractor.
4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance
until the Testing Lab is Paid
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of City, Contractor shall, if requested by City, uncover
such Work for observation.
11.04 Uncovering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s
expense.
11.05 City May Stop the Work
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials
or equipment, or fails to perform the Work in such a way that the completed Work will conform to
the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until
the cause for such order has been eliminated; however, this right of City to stop the Work shall not
give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any
Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent
of any of them.
11.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to
an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has
been rejected by City, remove it from the Project and replace it with Work that is not defective.
Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such correction
or removal (including but not limited to all costs of repair or replacement of work of others).
Failure to require the removal of any defective Work shall not constitute acceptance of such
Work.
B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07,
Contractor shall take no action that would void or otherwise impair City’s special warranty and
guarantee, if any, on said Work.
11.07 Correction Period
A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
00 73 10- 31
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 31 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
Documents), any Work is found to be defective, or if the repair of any damages to the land or
areas made available for Contractor’s use by City or permitted by Laws and Regulations as
contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without
cost to City and in accordance with City’s written instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by City, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement (including
but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.
C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 11.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of one year after the end
of the initial correction period. City shall provide 30 days written notice to Contractor and
Developer should such additional warranty coverage be required. Contractor’s obligations under
this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this
Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any
applicable statute of limitation or repose.
11.08 City May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with Paragraph
11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such
deficiency.
B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor’s services related thereto, and incorporate in the Work all materials and equipment
incorporated in the Work, stored at the Site or for which City has paid Contractor but which are
00 73 10- 32
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 32 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants,
employees, and City’s other contractors, access to the Site to enable City to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph
13.09 will be charged against Contractor, and a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work; and City shall be
entitled to an appropriate decrease in the Contract Price.
D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City’s rights and remedies under this
Paragraph 11.09.
ARTICLE 12 – COMPLETION
12.01 Contractor’s Warranty of Title
Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment will pass to City no later than the time of Final Acceptance and shall be
free and clear of all Liens.
12.02 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which
City, determines constitutes a separately functioning and usable part of the Work that can be
used by City for its intended purpose without significant interference with Contractor’s
performance of the remainder of the Work. City at any time may notify Contractor in writing to
permit City to use or occupy any such part of the Work which City determines to be ready for its
intended use, subject to the following conditions:
1. Contractor at any time may notify City in writing that Contractor considers any such part of
the Work ready for its intended use.
2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and
Contractor shall make an inspection of that part of the Work to determine its status of
completion. If City does not consider that part of the Work to be substantially complete, City
will notify Contractor in writing giving the reasons therefor.
3. Partial Utilization will not constitute Final Acceptance by City.
12.03 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
00 73 10- 33
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 33 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
1. within 10 days, City will schedule a Final Inspection with Contractor.
2. City will notify Contractor in writing of all particulars in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
12.04 Final Acceptance
A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the
Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction
of the following:
1. All documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.03;
2. consent of the surety, if any, to Final Acceptance;
3. a list of all pending or released Damage Claims against City that Contractor believes are
unsettled; and
4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to
City) of all Lien rights arising out of or Liens filed in connection with the Work.
5. after all Damage Claims have been resolved:
a. directly by the Contractor or;
b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s
insurance provider for resolution.
6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or
other requirements of the Contract Documents which specifically continue thereafter.
ARTICLE 13 – SUSPENSION OF WORK
13.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor
shall resume the Work on the date so fixed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will stop contract time on City
participation projects.
B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or negligence of the Contractor, and should it be determined by
mutual consent of the Contractor and City that a solution to allow construction to proceed is not
00 73 10- 34
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 34 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
available within a reasonable period of time, Contractor may request an extension in Contract
Time, directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and he shall take every precaution to prevent damage or
deterioration of the work performed; he shall provide suitable drainage about the work, and erect
temporary structures where necessary.
ARTICLE 14 – MISCELLANEOUS
14.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
1. delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving party.
14.02 Computation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last
day of the period.
14.03 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
00 73 10- 35
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 35 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
14.04 Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
14.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
01 11 00 - 1
DAP SUMMARY OF WORK
Page 1 of 3
CITY OF FORT WORTH WATER IMPROVEMENTS TO SERVE ALL STORAGE AVONDALE HASLET
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.102622
DEVELOPER AWARDED PROJECTS
Revised December 20, 2012
1 SECTION 01 11 00
2 SUMMARY OF WORK
3 PART 1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Summary of Work to be performed in accordance with the Contract Documents
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include, but are not necessarily limited to:
10 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract
11 2. Division 1 - General Requirements
12 1.2 PRICE AND PAYMENT PROCEDURES
13 A. Measurement and Payment
14 1. Work associated with this Item is considered subsidiary to the various items bid.
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 specific item for bid has been provided for in the Proposal and the item is
26 not a typical unit bid item included on the standard bid item list, then the item shall
27 be considered as a subsidiary item of Work, the cost of which shall be included in
28 the price bid in the Proposal for various bid items.
29 C. Use of Premises
30 1. Coordinate uses of premises under direction of the City.
31 2. Assume 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-of-way as provided for in the ordinances of the City, as shown in the
35 Contract Documents, or as may be specifically authorized in writing by the City.
36 a. A reasonable amount of tools, materials, and equipment for construction
37 purposes may be stored in such space, but no more than is necessary to avoid
38 delay in the construction operations.
01 11 00 - 2
DAP SUMMARY OF WORK
Page 2 of 3
CITY OF FORT WORTH WATER IMPROVEMENTS TO SERVE ALL STORAGE AVONDALE HASLET
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.102622
DEVELOPER AWARDED PROJECTS
Revised December 20, 2012
1 b. Excavated and waste materials shall be stored in such a way as not to interfere
2 with the use of spaces that may be designated to be left free and unobstructed
3 and so as not to inconvenience occupants of adjacent property.
4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such
5 manner as not to interfere with the operation of the railroad.
6 1) All Work shall be in accordance with railroad requirements set forth in
7 Division 0 as well as the railroad permit.
8 D. Work within Easements
9 1. Do not enter upon private property for any purpose without having previously
10 obtained permission from the owner of such property.
11 2. Do not store equipment or material on private property unless and until the
12 specified approval of the property owner has been secured in writing by the
13 Contractor and a copy furnished to the City.
14 3. Unless specifically provided otherwise, clear all rights-of-way or easements of
15 obstructions which must be removed to make possible proper prosecution of the
16 Work as a part of the project construction operations.
17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants,
18 lawns, fences, culverts, curbing, and all other types of structures or improvements,
19 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or
20 appurtenances thereof, including the construction of temporary fences and to all
21 other public or private property adjacent to the Work.
22 5. Notify the proper representatives of the owners or occupants of the public or private
23 lands of interest in lands which might be affected by the Work.
24 a. Such notice shall be made at least 48 hours in advance of the beginning of the
25 Work.
26 b. Notices shall be applicable to both public and private utility companies and any
27 corporation, company, individual, or other, either as owners or occupants,
28 whose land or interest in land might be affected by the Work.
29 c. Be responsible for all damage or injury to property of any character resulting
30 from any act, omission, neglect, or misconduct in the manner or method or
31 execution of the Work, or at any time due to defective work, material, or
32 equipment.
33 6. Fence
34 a. Restore all fences encountered and removed during construction of the Project
35 to the original or a better than original condition.
36 b. Erect temporary fencing in place of the fencing removed whenever the Work is
37 not in progress and when the site is vacated overnight, and/or at all times to
38 provide site security.
39 c. The cost for all fence work within easements, including removal, temporary
40 closures and replacement, shall be subsidiary to the various items bid in the
41 project proposal, unless a bid item is specifically provided in the proposal.
01 11 00 - 3
DAP SUMMARY OF WORK
Page 3 of 3
CITY OF FORT WORTH WATER IMPROVEMENTS TO SERVE ALL STORAGE AVONDALE HASLET
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.102622
DEVELOPER AWARDED PROJECTS
Revised December 20, 2012
1 1.5 SUBMITTALS [NOT USED]
2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
3 1.7 CLOSEOUT SUBMITTALS [NOT USED]
4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
5 1.9 QUALITY ASSURANCE [NOT USED]
6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
7 1.11 FIELD [SITE] CONDITIONS [NOT USED]
8 1.12 WARRANTY [NOT USED]
9 PART 2 - PRODUCTS [NOT USED]
10 PART 3 - EXECUTION [NOT USED]
11 END OF SECTION
12
Revision Log
DATE NAME SUMMARY OF CHANGE
13
01 31 19 - 1
DAP PRECONSTRUCTION MEETING
Page 1 of 3
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised August 30, 2013
1 SECTION 01 31 19
2 PRECONSTRUCTION MEETING
3 PART 1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to
7 clarify construction contract administration procedures
8 B. Deviations from this City of Fort Worth Standard Specification
9 1. No construction schedule required unless requested by the City.
10 C. Related Specification Sections include, but are not necessarily limited to:
11 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
12 2. Division 1 – General Requirements
13 1.2 PRICE AND PAYMENT PROCEDURES
14 A. Measurement and Payment
15 1. Work associated with this Item is considered subsidiary to the various items bid.
16 No separate payment will be allowed for this Item.
17 1.3 REFERENCES [NOT USED]
18 1.4 ADMINISTRATIVE REQUIREMENTS
19 A. Coordination
20 1. Attend preconstruction meeting.
21 2. Representatives of Contractor, subcontractors and suppliers attending meetings
22 shall be qualified and authorized to act on behalf of the entity each represents.
23 3. Meeting administered by City may be tape recorded.
24 a. If recorded, tapes will be used to prepare minutes and retained by City for
25 future reference.
26 B. Preconstruction Meeting
27 1. A preconstruction meeting will be held within 14 days after the delivery of the
28 distribution package to the City.
29 a. The meeting will be scheduled and administered by the City.
30 2. The Project Representative will preside at the meeting, prepare the notes of the
31 meeting and distribute copies of same to all participants who so request by fully
32 completing the attendance form to be circulated at the beginning of the meeting.
33 3. Attendance shall include:
34 a. Developer and Consultant
35 b. Contractor's project manager
36 c. Contractor's superintendent
37 d. Any subcontractor or supplier representatives whom the Contractor may desire
38 to invite or the City may request
01 31 19 - 2
DAP PRECONSTRUCTION MEETING
Page 2 of 3
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised August 30, 2013
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 l. 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 ee. Record Drawings
36 ff. Temporary construction facilities
37 gg. MBE/SBE procedures
38 hh. Final Acceptance
39 ii. Final Payment
40 jj. Questions or Comments
01 31 19 - 3
DAP PRECONSTRUCTION MEETING
Page 3 of 3
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised August 30, 2013
1 1.5 SUBMITTALS [NOT USED]
2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
3 1.7 CLOSEOUT SUBMITTALS [NOT USED]
4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
5 1.9 QUALITY ASSURANCE [NOT USED]
6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
7 1.11 FIELD [SITE] CONDITIONS [NOT USED]
8 1.12 WARRANTY [NOT USED]
9 PART 2 - PRODUCTS [NOT USED]
10 PART 3 - EXECUTION [NOT USED]
11 END OF SECTION
12
Revision Log
DATE NAME SUMMARY OF CHANGE
13
01 33 00 - 1
DAP SUBMITTALS
Page 1 of 8
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised August 30, 2013
1 SECTION 01 33 00
2 DAP SUBMITTALS
3 PART 1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. General methods and requirements of submissions applicable to the following
7 Work-related submittals:
8 a. Shop Drawings
9 b. Product Data (including Standard Product List submittals)
10 c. Samples
11 d. Mock Ups
12 B. Deviations from this City of Fort Worth Standard Specification
13 1. None.
14 C. Related Specification Sections include, but are not necessarily limited to:
15 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
16 2. Division 1 – General Requirements
17 1.2 PRICE AND PAYMENT PROCEDURES
18 A. Measurement and Payment
19 1. Work associated with this Item is considered subsidiary to the various items bid.
20 No separate payment will be allowed for this Item.
21 1.3 REFERENCES [NOT USED]
22 1.4 ADMINISTRATIVE REQUIREMENTS
23 A. Coordination
24 1. Notify the City in writing, at the time of submittal, of any deviations in the
25 submittals from the requirements of the Contract Documents.
26 2. Coordination of Submittal Times
27 a. Prepare, prioritize and transmit each submittal sufficiently in advance of
28 performing the related Work or other applicable activities, or within the time
29 specified in the individual Work Sections, of the Specifications.
30 b. Contractor is responsible such that the installation will not be delayed by
31 processing times including, but not limited to:
32 a) Disapproval and resubmittal (if required)
33 b) Coordination with other submittals
34 c) Testing
35 d) Purchasing
36 e) Fabrication
37 f) Delivery
38 g) Similar sequenced activities
39 c. No extension of time will be authorized because of the Contractor's failure to
40 transmit submittals sufficiently in advance of the Work.
01 33 00 - 2
DAP SUBMITTALS
Page 2 of 8
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised August 30, 2013
1 d. Make submittals promptly in accordance with approved schedule, and in such
2 sequence as to cause no delay in the Work or in the work of any other
3 contractor.
4 B. Submittal Numbering
5 1. When submitting shop drawings or samples, utilize a 9-character submittal cross-
6 reference identification numbering system in the following manner:
7 a. Use the first 6 digits of the applicable Specification Section Number.
8 b. For the next 2 digits number use numbers 01-99 to sequentially number each
9 initial separate item or drawing submitted under each specific Section number.
10 c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e.
11 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical
12 submittal number would be as follows:
13
14 03 30 00-08-B
15
16 1) 03 30 00 is the Specification Section for Concrete
17 2) 08 is the eighth initial submittal under this Specification Section
18 3) B is the third submission (second resubmission) of that particular shop
19 drawing
20 C. Contractor Certification
21 1. Review shop drawings, product data and samples, including those by
22 subcontractors, prior to submission to determine and verify the following:
23 a. Field measurements
24 b. Field construction criteria
25 c. Catalog numbers and similar data
26 d. Conformance with the Contract Documents
27 2. Provide each shop drawing, sample and product data submitted by the Contractor
28 with a Certification Statement affixed including:
29 a. The Contractor's Company name
30 b. Signature of submittal reviewer
31 c. Certification Statement
32 1) “By this submittal, I hereby represent that I have determined and verified
33 field measurements, field construction criteria, materials, dimensions,
34 catalog numbers and similar data and I have checked and coordinated each
35 item with other applicable approved shop drawings."
36 D. Submittal Format
37 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches.
38 2. Bind shop drawings and product data sheets together.
39 3. Order
40 a. Cover Sheet
41 1) Description of Packet
42 2) Contractor Certification
43 b. List of items / Table of Contents
44 c. Product Data /Shop Drawings/Samples /Calculations
45 E. Submittal Content
46 1. The date of submission and the dates of any previous submissions
01 33 00 - 3
DAP SUBMITTALS
Page 3 of 8
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised August 30, 2013
1 2. The Project title and number
2 3. Contractor identification
3 4. The names of:
4 a. Contractor
5 b. Supplier
6 c. Manufacturer
7 5. Identification of the product, with the Specification Section number, page and
8 paragraph(s)
9 6. Field dimensions, clearly identified as such
10 7. Relation to adjacent or critical features of the Work or materials
11 8. Applicable standards, such as ASTM or Federal Specification numbers
12 9. Identification by highlighting of deviations from Contract Documents
13 10. Identification by highlighting of revisions on resubmittals
14 11. An 8-inch x 3-inch blank space for Contractor and City stamps
15 F. Shop Drawings
16 1. As specified in individual Work Sections includes, but is not necessarily limited to:
17 a. Custom-prepared data such as fabrication and erection/installation (working)
18 drawings
19 b. Scheduled information
20 c. Setting diagrams
21 d. Actual shopwork manufacturing instructions
22 e. Custom templates
23 f. Special wiring diagrams
24 g. Coordination drawings
25 h. Individual system or equipment inspection and test reports including:
26 1) Performance curves and certifications
27 i. As applicable to the Work
28 2. Details
29 a. Relation of the various parts to the main members and lines of the structure
30 b. Where correct fabrication of the Work depends upon field measurements
31 1) Provide such measurements and note on the drawings prior to submitting
32 for approval.
33 G. Product Data
34 1. For submittals of product data for products included on the City’s Standard Product
35 List, clearly identify each item selected for use on the Project.
36 2. For submittals of product data for products not included on the City’s Standard
37 Product List, submittal data may include, but is not necessarily limited to:
38 a. Standard prepared data for manufactured products (sometimes referred to as
39 catalog data)
40 1) Such as the manufacturer's product specification and installation
41 instructions
42 2) Availability of colors and patterns
43 3) Manufacturer's printed statements of compliances and applicability
44 4) Roughing-in diagrams and templates
45 5) Catalog cuts
46 6) Product photographs
01 33 00 - 4
DAP SUBMITTALS
Page 4 of 8
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised August 30, 2013
1 7) Standard wiring diagrams
2 8) Printed performance curves and operational-range diagrams
3 9) Production or quality control inspection and test reports and certifications
4 10) Mill reports
5 11) Product operating and maintenance instructions and recommended
6 spare-parts listing and printed product warranties
7 12) As applicable to the Work
8 H. Samples
9 1. As specified in individual Sections, include, but are not necessarily limited to:
10 a. Physical examples of the Work such as:
11 1) Sections of manufactured or fabricated Work
12 2) Small cuts or containers of materials
13 3) Complete units of repetitively used products color/texture/pattern swatches
14 and range sets
15 4) Specimens for coordination of visual effect
16 5) Graphic symbols and units of Work to be used by the City for independent
17 inspection and testing, as applicable to the Work
18 I. Do not start Work requiring a shop drawing, sample or product data nor any material to
19 be fabricated or installed prior to the approval or qualified approval of such item.
20 1. Fabrication performed, materials purchased or on-site construction accomplished
21 which does not conform to approved shop drawings and data is at the Contractor's
22 risk.
23 2. The City will not be liable for any expense or delay due to corrections or remedies
24 required to accomplish conformity.
25 3. Complete project Work, materials, fabrication, and installations in conformance
26 with approved shop drawings, applicable samples, and product data.
27 J. Submittal Distribution
28 1. Electronic Distribution
29 a. Confirm development of Project directory for electronic submittals to be
30 uploaded to City’s Buzzsaw site, or another external FTP site approved by the
31 City.
32 b. Shop Drawings
33 1) Upload submittal to designated project directory and notify appropriate
34 City representatives via email of submittal posting.
35 2) Hard Copies
36 a) 3 copies for all submittals
37 b) If Contractor requires more than 1 hard copy of Shop Drawings
38 returned, Contractor shall submit more than the number of copies listed
39 above.
40 c. Product Data
41 1) Upload submittal to designated project directory and notify appropriate
42 City representatives via email of submittal posting.
43 2) Hard Copies
44 a) 3 copies for all submittals
45 d. Samples
46 1) Distributed to the Project Representative
47 2. Hard Copy Distribution (if required in lieu of electronic distribution)
01 33 00 - 5
DAP SUBMITTALS
Page 5 of 8
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised August 30, 2013
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
17 product data and samples, where required, to the job site file and elsewhere as
18 directed by the City.
19 a. Provide number of copies as directed by the City but not exceeding the number
20 previously specified.
21 K. Submittal Review
22 1. The review of shop drawings, data and samples will be for general conformance
23 with the design concept and Contract Documents. This is not to be construed as:
24 a. Permitting any departure from the Contract requirements
25 b. Relieving the Contractor of responsibility for any errors, including details,
26 dimensions, and materials
27 c. Approving departures from details furnished by the City, except as otherwise
28 provided herein
29 2. The review and approval of shop drawings, samples or product data by the City
30 does not relieve the Contractor from his/her responsibility with regard to the
31 fulfillment of the terms of the Contract.
32 a. All risks of error and omission are assumed by the Contractor, and the City will
33 have no responsibility therefore.
34 3. The Contractor remains responsible for details and accuracy, for coordinating the
35 Work with all other associated work and trades, for selecting fabrication processes,
36 for techniques of assembly and for performing Work in a safe manner.
37 4. If the shop drawings, data or samples as submitted describe variations and show a
38 departure from the Contract requirements which City finds to be in the interest of
39 the City and to be so minor as not to involve a change in Contract Price or time for
40 performance, the City may return the reviewed drawings without noting an
41 exception.
42 5. Submittals will be returned to the Contractor under 1 of the following codes:
43 a. Code 1
44 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or
45 comments on the submittal.
46 a) When returned under this code the Contractor may release the
47 equipment and/or material for manufacture.
48 b. Code 2
01 33 00 - 6
DAP SUBMITTALS
Page 6 of 8
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised August 30, 2013
1 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of
2 the notations and comments IS NOT required by the Contractor.
3 a) The Contractor may release the equipment or material for manufacture;
4 however, all notations and comments must be incorporated into the
5 final product.
6 c. Code 3
7 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is
8 assigned when notations and comments are extensive enough to require a
9 resubmittal of the package.
10 a) The Contractor may release the equipment or material for manufacture;
11 however, all notations and comments must be incorporated into the
12 final product.
13 b) This resubmittal is to address all comments, omissions and
14 non-conforming items that were noted.
15 c) Resubmittal is to be received by the City within 15 Calendar Days of
16 the date of the City's transmittal requiring the resubmittal.
17 d. Code 4
18 1) "NOT APPROVED" is assigned when the submittal does not meet the
19 intent of the Contract Documents.
20 a) The Contractor must resubmit the entire package revised to bring the
21 submittal into conformance.
22 b) It may be necessary to resubmit using a different manufacturer/vendor
23 to meet the Contract Documents.
24 6. Resubmittals
25 a. Handled in the same manner as first submittals
26 1) Corrections other than requested by the City
27 2) Marked with revision triangle or other similar method
28 a) At Contractor’s risk if not marked
29 b. Submittals for each item will be reviewed no more than twice at the City’s
30 expense.
31 1) All subsequent reviews will be performed at times convenient to the City
32 and at the Contractor's expense, based on the City's or City
33 Representative’s then prevailing rates.
34 2) Provide Contractor reimbursement to the City within 30 Calendar Days for
35 all such fees invoiced by the City.
36 c. The need for more than 1 resubmission or any other delay in obtaining City's
37 review of submittals, will not entitle the Contractor to an extension of Contract
38 Time.
39 7. Partial Submittals
40 a. City reserves the right to not review submittals deemed partial, at the City’s
41 discretion.
42 b. Submittals deemed by the City to be not complete will be returned to the
43 Contractor, and will be considered "Not Approved" until resubmitted.
44 c. The City may at its option provide a list or mark the submittal directing the
45 Contractor to the areas that are incomplete.
46 8. If the Contractor considers any correction indicated on the shop drawings to
47 constitute a change to the Contract Documents, then written notice must be
48 provided thereof to the Developer at least 7 Calendar Days prior to release for
49 manufacture.
01 33 00 - 7
DAP SUBMITTALS
Page 7 of 8
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised August 30, 2013
1 9. When the shop drawings have been completed to the satisfaction of the City, the
2 Contractor may carry out the construction in accordance therewith and no further
3 changes therein except upon written instructions from the City.
4 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days
5 following receipt of submittal by the City.
6 L. Mock ups
7 1. Mock Up units as specified in individual Sections, include, but are not necessarily
8 limited to, complete units of the standard of acceptance for that type of Work to be
9 used on the Project. Remove at the completion of the Work or when directed.
10 M. Qualifications
11 1. If specifically required in other Sections of these Specifications, submit a P.E.
12 Certification for each item required.
13 N. Request for Information (RFI)
14 1. Contractor Request for additional information
15 a. Clarification or interpretation of the contract documents
16 b. When the Contractor believes there is a conflict between Contract Documents
17 c. When the Contractor believes there is a conflict between the Drawings and
18 Specifications
19 1) Identify the conflict and request clarification
20 2. Sufficient information shall be attached to permit a written response without further
21 information.
22
23
24
25
26 1.5 SUBMITTALS [NOT USED]
27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
28 1.7 CLOSEOUT SUBMITTALS [NOT USED]
29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
30 1.9 QUALITY ASSURANCE [NOT USED]
31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
32 1.11 FIELD [SITE] CONDITIONS [NOT USED]
33 1.12 WARRANTY [NOT USED]
01 33 00 - 8
DAP SUBMITTALS
Page 8 of 8
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised August 30, 2013
1 PART 2 - PRODUCTS [NOT USED]
2 PART 3 - EXECUTION [NOT USED]
3 END OF SECTION
4
Revision Log
DATE NAME SUMMARY OF CHANGE
12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days
5
01 35 13 - 1
DAP SPECIAL PROJECT PROCEDURES
Page 1 of 7
CITY OF FORT WORTH WATER IMPROVEMENTS TO SERVE ALL STORAGE AVONDALE HASLET
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.102622
DEVELOPER AWARDED PROJECTS
Revised August, 30, 2013
1 SECTION 01 35 13
2 SPECIAL PROJECT PROCEDURES
3 GENERAL
4
5 1.1 SUMMARY
6 A. Section Includes:
7 1. The procedures for special project circumstances that includes, but is not limited to:
8 a. Coordination with the Texas Department of Transportation
9 b. Work near High Voltage Lines
10 c. Confined Space Entry Program
11 d. Air Pollution Watch Days
12 e. Use of Explosives, Drop Weight, Etc.
13 f. Water Department Notification
14 g. Public Notification Prior to Beginning Construction
15 h. Coordination with United States Army Corps of Engineers
16 i. Coordination within Railroad permits areas
17 j. Dust Control
18 k. Employee Parking
19 B. Deviations from this City of Fort Worth Standard Specification
20 1. None.
21 C. Related Specification Sections include, but are not necessarily limited to:
22 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
23 2. Division 1 – General Requirements
24 3. Section 33 12 25 – Connection to Existing Water Mains
25
26 1.2 REFERENCES
27 A. Reference Standards
28 1. Reference standards cited in this Specification refer to the current reference
29 standard published at the time of the latest revision date logged at the end of this
30 Specification, unless a date is specifically cited.
31 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752.
32 High Voltage Overhead Lines.
33 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction
34 Specification
35 1.3 ADMINISTRATIVE REQUIREMENTS
36 A. Coordination with the Texas Department of Transportation
37 1. When work in the right-of-way which is under the jurisdiction of the Texas
38 Department of Transportation (TxDOT):
39 a. Notify the Texas Department of Transportation prior to commencing any work
40 therein in accordance with the provisions of the permit
01 35 13 - 2
DAP SPECIAL PROJECT PROCEDURES
Page 2 of 7
CITY OF FORT WORTH WATER IMPROVEMENTS TO SERVE ALL STORAGE AVONDALE HASLET
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.102622
DEVELOPER AWARDED PROJECTS
Revised August, 30, 2013
1 b. All work performed in the TxDOT right-of-way shall be performed in
2 compliance with and subject to approval from the Texas Department of
3 Transportation
4 B. Work near High Voltage Lines
5 1. Regulatory Requirements
6 a. All Work near High Voltage Lines (more than 600 volts measured between
7 conductors or between a conductor and the ground) shall be in accordance with
8 Health and Safety Code, Title 9, Subtitle A, Chapter 752.
9 2. Warning sign
10 a. Provide sign of sufficient size meeting all OSHA requirements.
11 3. Equipment operating within 10 feet of high voltage lines will require the following
12 safety features
13 a. Insulating cage-type of guard about the boom or arm
14 b. Insulator links on the lift hook connections for back hoes or dippers
15 c. Equipment must meet the safety requirements as set forth by OSHA and the
16 safety requirements of the owner of the high voltage lines
17 4. Work within 6 feet of high voltage electric lines
18 a. Notification shall be given to:
19 1) The power company (example: ONCOR)
20 a) Maintain an accurate log of all such calls to power company and record
21 action taken in each case.
22 b. Coordination with power company
23 1) After notification coordinate with the power company to:
24 a) Erect temporary mechanical barriers, de-energize the lines, or raise or
25 lower the lines
26 c. No personnel may work within 6 feet of a high voltage line before the above
27 requirements have been met.
28 C. Confined Space Entry Program
29 1. Provide and follow approved Confined Space Entry Program in accordance with
30 OSHA requirements.
31 2. Confined Spaces include:
32 a. Manholes
33 b. All other confined spaces in accordance with OSHA’s Permit Required for
34 Confined Spaces
35 D. Use of Explosives, Drop Weight, Etc.
36 1. When Contract Documents permit on the project the following will apply:
37 a. Public Notification
38 1) Submit notice to City and proof of adequate insurance coverage, 24 hours
39 prior to commencing.
40 2) Minimum 24 hour public notification in accordance with Section 01 31 13
41 E. Water Department Coordination
42 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.
01 35 13 - 3
DAP SPECIAL PROJECT PROCEDURES
Page 3 of 7
CITY OF FORT WORTH WATER IMPROVEMENTS TO SERVE ALL STORAGE AVONDALE HASLET
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.102622
DEVELOPER AWARDED PROJECTS
Revised August, 30, 2013
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 on
7 to accommodate the construction of the project is required, coordinate this
8 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 Penal
11 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor
12 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 construction 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
32 A.
33 3) Submit schedule showing the construction start and finish time for each
34 block of the project to the inspector.
35 4) Deliver flyer to the City Inspector for review prior to distribution.
36 b. No construction will be allowed to begin on any block until the flyer is
37 delivered to all residents of the block.
38 G. Public Notification of Temporary Water Service Interruption during Construction
39 1. In the event it becomes necessary to temporarily shut down water service to
40 residents or businesses during construction, prepare and deliver a notice or flyer of
41 the pending interruption to the front door of each affected resident.
42 2. Prepared notice as follows:
43 a. The notification or flyer shall be posted 24 hours prior to the temporary
44 interruption.
45 b. Prepare flyer on the contractor’s letterhead and include the following
46 information:
47 1) Name of the project
48 2) City Project Number
01 35 13 - 4
DAP SPECIAL PROJECT PROCEDURES
Page 4 of 7
CITY OF FORT WORTH WATER IMPROVEMENTS TO SERVE ALL STORAGE AVONDALE HASLET
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.102622
DEVELOPER AWARDED PROJECTS
Revised August, 30, 2013
1 3) Date of the interruption of service
2 4) Period the interruption will take place
3 5) Name of the contractor’s foreman and phone number
4 6) Name of the City’s inspector and phone number
5 c. A sample of the temporary water service interruption notification is attached as
6 Exhibit B.
7 d. Deliver a copy of the temporary interruption notification to the City inspector
8 for review prior to being distributed.
9 e. No interruption of water service can occur until the flyer has been delivered to
10 all affected residents and businesses.
11 f. Electronic versions of the sample flyers can be obtained from the Project
12 Construction Inspector.
13 H. Coordination with United States Army Corps of Engineers (USACE)
14 1. At locations in the Project where construction activities occur in areas where
15 USACE permits are required, meet all requirements set forth in each designated
16 permit.
17 I. Coordination within Railroad Permit Areas
18 1. At locations in the project where construction activities occur in areas where
19 railroad permits are required, meet all requirements set forth in each designated
20 railroad permit. This includes, but is not limited to, provisions for:
21 a. Flagmen
22 b. Inspectors
23 c. Safety training
24 d. Additional insurance
25 e. Insurance certificates
26 f. Other employees required to protect the right-of-way and property of the
27 Railroad Company from damage arising out of and/or from the construction of
28 the project. Proper utility clearance procedures shall be used in accordance
29 with the permit guidelines.
30 2. Obtain any supplemental information needed to comply with the railroad’s
31 requirements.
32 J. Dust Control
33 1. Use acceptable measures to control dust at the Site.
34 a. If water is used to control dust, capture and properly dispose of waste water.
35 b. If wet saw cutting is performed, capture and properly dispose of slurry.
36 K. Employee Parking
37 1. Provide parking for employees at locations approved by the City.
38 L. {Coordination with North Central Texas Council of Governments (NCTCOG) Clean
39 Construction Specification [if required for the project]
40 1. Comply with equipment, operational, reporting and enforcement requirements set
41 forth in NCTCOG’s Clean Construction Specification.}
01 35 13 - 5
DAP SPECIAL PROJECT PROCEDURES
Page 5 of 7
CITY OF FORT WORTH WATER IMPROVEMENTS TO SERVE ALL STORAGE AVONDALE HASLET
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.102622
DEVELOPER AWARDED PROJECTS
Revised August, 30, 2013
1 1.4 SUBMITTALS [NOT USED]
2 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
3 1.6 CLOSEOUT SUBMITTALS [NOT USED]
4 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
5 1.8 QUALITY ASSURANCE [NOT USED]
6 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED]
7 1.10 FIELD [SITE] CONDITIONS [NOT USED]
8 1.11 WARRANTY [NOT USED]
9 PART 2 - PRODUCTS [NOT USED]
10 PART 3 - EXECUTION [NOT USED]
11 END OF SECTION
12
Revision Log
DATE NAME SUMMARY OF CHANGE
8/31/2012 D. Johnson
1.3.B – Added requirement of compliance with Health and Safety Code, Title 9.
Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines.
01 35 13 - 6
DAP SPECIAL PROJECT PROCEDURES
Page 6 of 7
CITY OF FORT WORTH WATER IMPROVEMENTS TO SERVE ALL STORAGE AVONDALE HASLET
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.102622
DEVELOPER AWARDED PROJECTS
Revised August, 30, 2013
1 EXHIBIT A
2 (To be printed on Contractor’s Letterhead)
3
4
5
6 Date:
7
8 CPN No.:
9 Project Name:
10 Mapsco Location:
11 Limits of Construction:
12
13
14
15
16
17 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT
18 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR
19 PROPERTY.
20
21 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE
22 OF THIS NOTICE.
23
24 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER
25 ISSUE, PLEASE CALL:
26
27
28 Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.>
29
30 OR
31
32 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.>
33
34 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306
35
36 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL
01 35 13 - 7
DAP SPECIAL PROJECT PROCEDURES
Page 7 of 7
CITY OF FORT WORTH WATER IMPROVEMENTS TO SERVE ALL STORAGE AVONDALE HASLET
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.102622
DEVELOPER AWARDED PROJECTS
Revised August, 30, 2013
1 EXHIBIT B
2
3
4
O1 45 23
DAP TESTING AND INSPECTION SERVICES
Page 1 of 2
SECTION O1 45 23
TESTING AND 1NSPECTION SERVICES
PART1- GENERAL
1.1 SUMMARY
A. Section Includes:
L Testing and inspection services procedures and coordination
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Speciiication Sections include, but are not necessarily limited to:
1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1— General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
a. Contractor is responsible for performing, coordinating, and payment of all
Quality Control testing.
b. City is responsible for performing and payment for first set of Quality
Assurance testing.
1) If the first Quality Assurance test performed by the City fails, the
Contractor is responsible for payment of subsequent Quality Assurance
testing until a passing test occurs.
a) Final acceptance will not be issued by City until all required payments
for testing by Contractor have been paid in full.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. Testing
1. Complete testing in accordance with the Contract Documents.
2. Coordination
a. When testing is required to be performed by the City, notify City, sufficiently
in advance, when testing is needed.
b. When testing is required to be completed by the Contractor, notify City,
sufficiently in advance, that testing will be performed.
3. Distribution of Testing Reports
a. Electronic Distribution
1) Confirm development of Project directory for electronic submittals to be
uploaded to the City's document management system, or another form of
distribution approved by the City.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS
Revised March 20, 2020
O1 45 23
DAP TESTING AND INSPECTION SERVICES
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 with trip tickets for each delivered load of
Concrete or Lime material including the following information:
a. Name of pit
b. Date of delivery
c. Material delivered
B. Inspection
1. Inspection or lack of inspection does not relieve the Contractor from obligation to
perform work in accordance with the Contract Documents.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
03/20/2020 D.V. Magana Rcmovcd reference to Buzzsaw and noted that electronic submittals bc uploadcd
through the City's document management system.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS
Revised March 20, 2020
01 50 00 - 1
DAP TEMPORARY FACILITIES AND CONTROLS
Page 1 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised JULY 1, 2011
1 SECTION 01 50 00
2 TEMPORARY FACILITIES AND CONTROLS
3 PART 1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Provide temporary facilities and controls needed for the Work including, but not
7 necessarily limited to:
8 a. Temporary utilities
9 b. Sanitary facilities
10 c. Storage Sheds and Buildings
11 d. Dust control
12 e. Temporary fencing of the construction site
13 B. Deviations from this City of Fort Worth Standard Specification
14 1. None.
15 C. Related Specification Sections include, but are not necessarily limited to:
16 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
17 2. Division 1 – General Requirements
18 1.2 PRICE AND PAYMENT PROCEDURES
19 A. Measurement and Payment
20 1. Work associated with this Item is considered subsidiary to the various Items bid.
21 No separate payment will be allowed for this Item.
22 1.3 REFERENCES [NOT USED]
23 1.4 ADMINISTRATIVE REQUIREMENTS
24 A. Temporary Utilities
25 1. Obtaining Temporary Service
26 a. Make arrangements with utility service companies for temporary services.
27 b. Abide by rules and regulations of utility service companies or authorities
28 having jurisdiction.
29 c. Be responsible for utility service costs until Work is approved for Final
30 Acceptance.
31 1) Included are fuel, power, light, heat and other utility services necessary for
32 execution, completion, testing and initial operation of Work.
33 2. Water
34 a. Contractor to provide water required for and in connection with Work to be
35 performed and for specified tests of piping, equipment, devices or other use as
36 required for the completion of the Work.
37 b. Provide and maintain adequate supply of potable water for domestic
38 consumption by Contractor personnel and City’s Project Representatives.
39 c. Coordination
40 1) Contact City 1 week before water for construction is desired
01 50 00 - 2
DAP TEMPORARY FACILITIES AND CONTROLS
Page 2 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised JULY 1, 2011
1 d. 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 1) 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.
22 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
01 50 00 - 3
DAP TEMPORARY FACILITIES AND CONTROLS
Page 3 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised JULY 1, 2011
1 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 1.9 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 RE-INSTALLATION
26 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED]
27 3.8 SYSTEM STARTUP [NOT USED]
28 3.9 ADJUSTING [NOT USED]
29 3.10 CLEANING [NOT USED]
30 3.11 CLOSEOUT ACTIVITIES
31 A. Temporary Facilities
01 50 00 - 4
DAP TEMPORARY FACILITIES AND CONTROLS
Page 4 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised JULY 1, 2011
1 1. Remove all temporary facilities and restore area after completion of the Work, to a
2 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]
6 END OF SECTION
7
Revision Log
DATE NAME SUMMARY OF CHANGE
8
01 55 26 - 1
DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page 1 of 3
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised July 1, 2011
1 SECTION 01 55 26
2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
3 PART 1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Administrative procedures for:
7 a. Street Use Permit
8 b. Modification of approved traffic control
9 c. Removal of Street Signs
10 B. Deviations from this City of Fort Worth Standard Specification
11 1. None.
12 C. Related Specification Sections include, but are not necessarily limited to:
13 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
14 2. Division 1 – General Requirements
15 3. Section 34 71 13 – Traffic Control
16 1.2 PRICE AND PAYMENT PROCEDURES
17 A. Measurement and Payment
18 1. Work associated with this Item is considered subsidiary to the various Items bid.
19 No separate payment will be allowed for this Item.
20 1.3 REFERENCES
21 A. Reference Standards
22 1. Reference standards cited in this specification refer to the current reference standard
23 published at the time of the latest revision date logged at the end of this
24 specification, unless a date is specifically cited.
25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD).
26 1.4 ADMINISTRATIVE REQUIREMENTS
27 A. Traffic Control
28 1. General
29 a. When traffic control plans are included in the Drawings, provide Traffic
30 Control in accordance with Drawings and Section 34 71 13.
31 b. When traffic control plans are not included in the Drawings, prepare traffic
32 control plans in accordance with Section 34 71 13 and submit to City for
33 review.
34 1) Allow minimum 10 working days for review of proposed Traffic Control.
35 B. Street Use Permit
36 1. Prior to installation of Traffic Control, a City Street Use Permit is required.
37 a. To obtain Street Use Permit, submit Traffic Control Plans to City
38 Transportation and Public Works Department.
01 55 26 - 2
DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page 2 of 3
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised July 1, 2011
1 1) Allow a minimum of 5 working days for permit review.
2 2) Contractor’s responsibility to coordinate review of Traffic Control plans for
3 Street Use Permit, such that construction is not delayed.
4 C. Modification to Approved Traffic Control
5 1. Prior to installation traffic control:
6 a. Submit revised traffic control plans to City Department Transportation and
7 Public Works Department.
8 1) Revise Traffic Control plans in accordance with Section 34 71 13.
9 2) Allow minimum 5 working days for review of revised Traffic Control.
10 3) It is the Contractor’s responsibility to coordinate review of Traffic Control
11 plans for Street Use Permit, such that construction is not delayed.
12 D. Removal of Street Sign
13 1. If it is determined that a street sign must be removed for construction, then contact
14 City Transportation and Public Works Department, Signs and Markings Division to
15 remove the sign.
16 E. Temporary Signage
17 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting
18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control
19 Devices (MUTCD).
20 2. Install temporary sign before the removal of permanent sign.
21 3. When construction is complete, to the extent that the permanent sign can be
22 reinstalled, contact the City Transportation and Public Works Department, Signs
23 and Markings Division, to reinstall the permanent sign.
24 F. Traffic Control Standards
25 1. Traffic Control Standards can be found on the City’s Buzzsaw website.
26 1.5 SUBMITTALS [NOT USED]
27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
28 1.7 CLOSEOUT SUBMITTALS [NOT USED]
29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
30 1.9 QUALITY ASSURANCE [NOT USED]
31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
32 1.11 FIELD [SITE] CONDITIONS [NOT USED]
33 1.12 WARRANTY [NOT USED]
34 PART 2 - PRODUCTS [NOT USED]
35 PART 3 - EXECUTION [NOT USED]
36 END OF SECTION
01 55 26 - 3
DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page 3 of 3
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised July 1, 2011
1
Revision Log
DATE NAME SUMMARY OF CHANGE
2
01 57 13 - 1
DAP STORM WATER POLLUTION PREVENTION
Page 1 of 3
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised July 1, 2011
1 SECTION 01 57 13
2 STORM WATER POLLUTION PREVENTION
3 PART 1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Procedures for Storm Water Pollution Prevention Plans
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include, but are not necessarily limited to:
10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
11 2. Division 1 – General Requirements
12 3. Section 31 25 00 – Erosion and Sediment Control
13 1.2 PRICE AND PAYMENT PROCEDURES
14 A. Measurement and Payment
15 1. Construction Activities resulting in less than 1 acre of disturbance
16 a. Work associated with this Item is considered subsidiary to the various Items
17 bid. No separate payment will be allowed for this Item.
18 2. Construction Activities resulting in greater than 1 acre of disturbance
19 a. Measurement and Payment shall be in accordance with Section 31 25 00.
20 1.3 REFERENCES
21 A. Abbreviations and Acronyms
22 1. Notice of Intent: NOI
23 2. Notice of Termination: NOT
24 3. Storm Water Pollution Prevention Plan: SWPPP
25 4. Texas Commission on Environmental Quality: TCEQ
26 5. Notice of Change: NOC
27 A. Reference Standards
28 1. Reference standards cited in this Specification refer to the current reference
29 standard published at the time of the latest revision date logged at the end of this
30 Specification, unless a date is specifically cited.
31 2. Integrated Storm Management (iSWM) Technical Manual for Construction
32 Controls
33 1.4 ADMINISTRATIVE REQUIREMENTS
34 A. General
35 1. Contractor is responsible for resolution and payment of any fines issued associated
36 with compliance to Stormwater Pollution Prevention Plan.
01 57 13 - 2
DAP STORM WATER POLLUTION PREVENTION
Page 2 of 3
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised July 1, 2011
1 B. Construction Activities resulting in:
2 1. Less than 1 acre of disturbance
3 a. Provide erosion and sediment control in accordance with Section 31 25 00 and
4 Drawings.
5 2. 1 to less than 5 acres of disturbance
6 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction
7 Permit is required
8 b. Complete SWPPP in accordance with TCEQ requirements
9 1) TCEQ Small Construction Site Notice Required under general permit
10 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 31 25 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.
29 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 31 25 00
32 b) The Drawings
33 c) 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 SUBMITTALS
41 A. SWPPP
42 1. Submit in accordance with Section 01 33 00, except as stated herein.
43 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City
44 as follows:
45 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
01 57 13 - 3
DAP STORM WATER POLLUTION PREVENTION
Page 3 of 3
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised July 1, 2011
1 B. Modified SWPPP
2 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City
3 in accordance with Section 01 33 00.
4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
5 1.7 CLOSEOUT SUBMITTALS [NOT USED]
6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
7 1.9 QUALITY ASSURANCE [NOT USED]
8 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
9 1.11 FIELD [SITE] CONDITIONS [NOT USED]
10 1.12 WARRANTY [NOT USED]
11 PART 2 - PRODUCTS [NOT USED]
12 PART 3 - EXECUTION [NOT USED]
13 END OF SECTION
14
Revision Log
DATE NAME SUMMARY OF CHANGE
15
SECTION 01 60 00
PRODUCT REQUIREMENTS
01 60 00
DAP PRODUCT REQUIREMENTS
Page 1 of 2
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. References for Product Requirements and City Standard Products List
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
1.2 PRICE AND PAYMENT PROCEDURES [NOT USED]
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A list of City approved products for use is available through the City’s website at:
https://apps.fortworthtexas.gov/ProjectResources/ and following the directory
path: 02 - Construction Documents\Standard Products List
A. Only products specifically included on City’s Standard Product List in these Contract
Documents shall be allowed for use on the Project.
1. Any subsequently approved products will only be allowed for use upon specific
approval by the City.
B. Any specific product requirements in the Contract Documents supersede similar
products included on the City’s Standard Product List.
1. The City reserves the right to not allow products to be used for certain projects even
though the product is listed on the City’s Standard Product List.
C. Although a specific product is included on City’s Standard Product List, not all
products from that manufacturer are approved for use, including but not limited to, that
manufacturer’s standard product.
D. See Section 01 33 00 for submittal requirements of Product Data included on City’s
Standard Product List.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised March 20, 2020
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
01 60 00
DAP PRODUCT REQUIREMENTS
Page 2 of 2
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised March 20, 2020
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
03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that the City approved products list is
accessible through the City’s website.
01 66 00 - 1
DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 1 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 SECTION 01 66 00
2 PRODUCT STORAGE AND HANDLING REQUIREMENTS
3 PART 1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Scheduling of product delivery
7 2. Packaging of products for delivery
8 3. Protection of products against damage from:
9 a. Handling
10 b. Exposure to elements or harsh environments
11 B. Deviations from this City of Fort Worth Standard Specification
12 1. None.
13 C. Related Specification Sections include, but are not necessarily limited to:
14 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
15 2. Division 1 – General Requirements
16 1.2 PRICE AND PAYMENT PROCEDURES
17 A. Measurement and Payment
18 1. Work associated with this Item is considered subsidiary to the various Items bid.
19 No separate payment will be allowed for this Item.
20 1.3 REFERENCES [NOT USED]
21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
22 1.5 SUBMITTALS [NOT USED]
23 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
24 1.7 CLOSEOUT SUBMITTALS [NOT USED]
25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
26 1.9 QUALITY ASSURANCE [NOT USED]
27 1.10 DELIVERY AND HANDLING
28 A. Delivery Requirements
29 1. Schedule delivery of products or equipment as required to allow timely installation
30 and to avoid prolonged storage.
31 2. Provide appropriate personnel and equipment to receive deliveries.
32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site
33 for personnel or equipment to receive the delivery.
01 66 00 - 2
DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 2 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 4. Deliver products or equipment in manufacturer's original unbroken cartons or other
2 containers designed and constructed to protect the contents from physical or
3 environmental damage.
4 5. Clearly and fully mark and identify as to manufacturer, item and installation
5 location.
6 6. Provide manufacturer's instructions for storage and handling.
7 B. Handling Requirements
8 1. Handle products or equipment in accordance with these Contract Documents and
9 manufacturer’s recommendations and instructions.
10 C. Storage Requirements
11 1. Store materials in accordance with manufacturer’s recommendations and
12 requirements of these Specifications.
13 2. Make necessary provisions for safe storage of materials and equipment.
14 a. Place loose soil materials and materials to be incorporated into Work to prevent
15 damage to any part of Work or existing facilities and to maintain free access at
16 all times to all parts of Work and to utility service company installations in
17 vicinity of Work.
18 3. Keep materials and equipment neatly and compactly stored in locations that will
19 cause minimum inconvenience to other contractors, public travel, adjoining owners,
20 tenants and occupants.
21 a. Arrange storage to provide easy access for inspection.
22 4. Restrict storage to areas available on construction site for storage of material and
23 equipment as shown on Drawings, or approved by City’s Project Representative.
24 5. Provide off-site storage and protection when on-site storage is not adequate.
25 a. Provide addresses of and access to off-site storage locations for inspection by
26 City’s Project Representative.
27 6. Do not use lawns, grass plots or other private property for storage purposes without
28 written permission of owner or other person in possession or control of premises.
29 7. Store in manufacturers’ unopened containers.
30 8. Neatly, safely and compactly stack materials delivered and stored along line of
31 Work to avoid inconvenience and damage to property owners and general public
32 and maintain at least 3 feet from fire hydrant.
33 9. Keep public and private driveways and street crossings open.
34 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to
35 satisfaction of City’s Project Representative.
36 a. Total length which materials may be distributed along route of construction at
37 one time is 1,000 linear feet, unless otherwise approved in writing by City’s
38 Project Representative.
01 66 00 - 3
DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 3 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 1.11 FIELD [SITE] CONDITIONS [NOT USED]
2 1.12 WARRANTY [NOT USED]
3 PART 2 - PRODUCTS [NOT USED]
4 PART 3 - EXECUTION
5 3.1 INSTALLERS [NOT USED]
6 3.2 EXAMINATION [NOT USED]
7 3.3 PREPARATION [NOT USED]
8 3.4 ERECTION [NOT USED]
9 3.5 REPAIR / RESTORATION [NOT USED]
10 3.6 RE-INSTALLATION [NOT USED]
11 3.7 FIELD [OR] SITE QUALITY CONTROL
12 A. Tests and Inspections
13 1. Inspect all products or equipment delivered to the site prior to unloading.
14 B. Non-Conforming Work
15 1. Reject all products or equipment that are damaged, used or in any other way
16 unsatisfactory for use on the project.
17 3.8 SYSTEM STARTUP [NOT USED]
18 3.9 ADJUSTING [NOT USED]
19 3.10 CLEANING [NOT USED]
20 3.11 CLOSEOUT ACTIVITIES [NOT USED]
21 3.12 PROTECTION
22 A. Protect all products or equipment in accordance with manufacturer's written directions.
23 B. Store products or equipment in location to avoid physical damage to items while in
24 storage.
25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by
26 the manufacturer.
27 3.13 MAINTENANCE [NOT USED]
28 3.14 ATTACHMENTS [NOT USED]
29 END OF SECTION
30
01 66 00 - 4
DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 4 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP application
1
01 70 00 - 1
DAP MOBILIZATION AND REMOBILIZATION
Page 1 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 SECTION 01 70 00
2 MOBILIZATION AND REMOBILIZATION
3 PART 1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Mobilization and Demobilization
7 a. Mobilization
8 1) Transportation of Contractor’s personnel, equipment, and operating supplies
9 to the Site
10 2) Establishment of necessary general facilities for the Contractor’s operation
11 at the Site
12 3) Premiums paid for performance and payment bonds
13 4) Transportation of Contractor’s personnel, equipment, and operating supplies
14 to another location within the designated Site
15 5) Relocation of necessary general facilities for the Contractor’s operation
16 from 1 location to another location on the Site.
17 b. Demobilization
18 1) Transportation of Contractor’s personnel, equipment, and operating supplies
19 away from the Site including disassembly
20 2) Site Clean-up
21 3) Removal of all buildings and/or other facilities assembled at the Site for this
22 Contract
23 c. Mobilization and Demobilization do not include activities for specific items of
24 work that are for which payment is provided elsewhere in the contract.
25 2. Remobilization
26 a. Remobilization for Suspension of Work specifically required in the Contract
27 Documents or as required by City includes:
28 1) Demobilization
29 a) Transportation of Contractor’s personnel, equipment, and operating
30 supplies from the Site including disassembly or temporarily securing
31 equipment, supplies, and other facilities as designated by the Contract
32 Documents necessary to suspend the Work.
33 b) Site Clean-up as designated in the Contract Documents
34 2) Remobilization
35 a) Transportation of Contractor’s personnel, equipment, and operating
36 supplies to the Site necessary to resume the Work.
37 b) Establishment of necessary general facilities for the Contractor’s
38 operation at the Site necessary to resume the Work.
39 3) No Payments will be made for:
40 a) Mobilization and Demobilization from one location to another on the
41 Site in the normal progress of performing the Work.
42 b) Stand-by or idle time
43 c) Lost profits
44 3. Mobilizations and Demobilization for Miscellaneous Projects
45 a. Mobilization and Demobilization
01 70 00 - 2
DAP MOBILIZATION AND REMOBILIZATION
Page 2 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 1) Mobilization shall consist of the activities and cost on a Work Order basis
2 necessary for:
3 a) Transportation of Contractor’s personnel, equipment, and operating
4 supplies to the Site for the issued Work Order.
5 b) Establishment of necessary general facilities for the Contractor’s
6 operation at the Site for the issued Work Order
7 2) Demobilization shall consist of the activities and cost necessary for:
8 a) Transportation of Contractor’s personnel, equipment, and operating
9 supplies from the Site including disassembly for each issued Work
10 Order
11 b) Site Clean-up for each issued Work Order
12 c) Removal of all buildings or other facilities assembled at the Site for
13 each Work Oder
14 b. Mobilization and Demobilization do not include activities for specific items of
15 work for which payment is provided elsewhere in the contract.
16 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects
17 a. A Mobilization for Miscellaneous Projects when directed by the City and the
18 mobilization occurs within 24 hours of the issuance of the Work Order.
19 B. Deviations from this City of Fort Worth Standard Specification
20 1. None.
21 C. Related Specification Sections include, but are not necessarily limited to:
22 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
23 2. Division 1 – General Requirements
24 1.2 PRICE AND PAYMENT PROCEDURES
25 A. Measurement and Payment
26 1. Mobilization and Demobilization
27 a. Measure
28 1) This Item is considered subsidiary to the various Items bid.
29 b. Payment
30 1) The work performed and materials furnished in accordance with this Item
31 are subsidiary to the various Items bid and no other compensation will be
32 allowed.
33 2. Remobilization for suspension of Work as specifically required in the Contract
34 Documents
35 a. Measurement
36 1) Measurement for this Item shall be per each remobilization performed.
37 b. Payment
38 1) The work performed and materials furnished in accordance with this Item
39 and measured as provided under “Measurement” will be paid for at the unit
40 price per each “Specified Remobilization” in accordance with Contract
41 Documents.
42 c. The price shall include:
43 1) Demobilization as described in Section 1.1.A.2.a.1)
44 2) Remobilization as described in Section 1.1.A.2.a.2)
45 d. No payments will be made for standby, idle time, or lost profits associated this
46 Item.
01 70 00 - 3
DAP MOBILIZATION AND REMOBILIZATION
Page 3 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 3. Remobilization for suspension of Work as required by City
2 a. Measurement and Payment
3 1) This shall be submitted as a Contract Claim in accordance with Article 10
4 of Section 00 72 00.
5 2) No payments will be made for standby, idle time, or lost profits associated
6 with this Item.
7 4. Mobilizations and Demobilizations for Miscellaneous Projects
8 a. Measurement
9 1) Measurement for this Item shall be for each Mobilization and
10 Demobilization required by the Contract Documents
11 b. Payment
12 1) The Work performed and materials furnished in accordance with this Item
13 and measured as provided under “Measurement” will be paid for at the unit
14 price per each “Work Order Mobilization” in accordance with Contract
15 Documents. Demobilization shall be considered subsidiary to mobilization
16 and shall not be paid for separately.
17 c. The price shall include:
18 1) Mobilization as described in Section 1.1.A.3.a.1)
19 2) Demobilization as described in Section 1.1.A.3.a.2)
20 d. No payments will be made for standby, idle time, or lost profits associated this
21 Item.
22 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects
23 a. Measurement
24 1) Measurement for this Item shall be for each Mobilization and
25 Demobilization required by the Contract Documents
26 b. Payment
27 1) The Work performed and materials furnished in accordance with this Item
28 and measured as provided under “Measurement” will be paid for at the unit
29 price per each “Work Order Emergency Mobilization” in accordance with
30 Contract Documents. Demobilization shall be considered subsidiary to
31 mobilization and shall not be paid for separately.
32 c. The price shall include
33 1) Mobilization as described in Section 1.1.A.4.a)
34 2) Demobilization as described in Section 1.1.A.3.a.2)
35 d. No payments will be made for standby, idle time, or lost profits associated this
36 Item.
37 1.3 REFERENCES [NOT USED]
38 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
39 1.5 SUBMITTALS [NOT USED]
40 1.6 INFORMATIONAL SUBMITTALS [NOT USED]
41 1.7 CLOSEOUT SUBMITTALS [NOT USED]
42 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
43 1.9 QUALITY ASSURANCE [NOT USED]
44 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
01 70 00 - 4
DAP MOBILIZATION AND REMOBILIZATION
Page 4 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 1.11 FIELD [SITE] CONDITIONS [NOT USED]
2 1.12 WARRANTY [NOT USED]
3 PART 2 - PRODUCTS [NOT USED]
4 PART 3 - EXECUTION [NOT USED]
5 END OF SECTION
6
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP application
7
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 1 of 26
Section 01 71 23.01 - Attachment A
Survey Staking Standards
February 2017
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 2 of 26
These procedures are intended to provide a standard method for construction staking services
associated with the City of Fort Worth projects. These are not to be considered all inclusive, but only as
a general guideline. For projects on TXDOT right-of-way or through joint TXDOT participation,
adherence to the TXDOT Survey Manual shall be followed and if a discrepancy arises, the TXDOT
manual shall prevail. (http://onlinemanuals.txdot.gov/txdotmanuals/ess/ess.pdf)
If you have a unique circumstance, please consult with the project manager, inspector, or survey
department at 817-392-7925.
Table of Contents
I. City of Fort Worth Contact Information
II. Construction Colors
III. Standard Staking Supplies
IV. Survey Equipment, Control, and Datum Standards
V. Water Staking
VI. Sanitary Sewer Staking
VII. Storm Staking
VIII. Curb and Gutter Staking
IX. Cut Sheets
X. As-built Survey
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 3 of 26
I. Survey Department Contact Information
Physical and mailing address:
8851 Camp Bowie West Boulevard
Suite 300
Fort Worth, Texas 76116
Office: (817) 392-7925
Survey Superintendent, direct line: (817) 392-8971
II. Construction Colors
The following colors shall be used for staking or identifying features in the field. This
includes flagging, paint of laths/stakes, paint of hubs, and any identification such as pin flags
if necessary.
Utility Color
PROPOSED EXCAVATION WHITE
ALL ELECTRIC AND CONDUITS RED
POTABLE WATER BLUE
GAS OR OIL YELLOW
TELEPHONE/FIBER OPTIC ORANGE
SURVEY CONTROL POINTS, BENCHMARKS,
PROPERTY CORNERS, RIGHT-OF-WAYS, AND
ALL PAVING INCLUDING CURB, SIDEWALK, BUILDING CORNERS
PINK
SANITARY SEWER GREEN
IRRIGATION AND RECLAIMED WATER PURPLE
III. Standard Staking Supplies
Item Minimum size
Lath/Stake 36" tall
Wooden Hub (2"x2" min. square preferred)6" tall
Pin Flags (2.5" x 3.5" preferred)21" long
Guard Stakes Not required
PK or Mag nails 1" long
Iron Rods (1/2” or greater diameter)18” long
Survey Marking Paint Water-based
Flagging 1" wide
Marking Whiskers (feathers)6" long
Tacks (for marking hubs)3/4" long
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 4 of 26
IV. Survey Equipment, Control, and Datum Standards
A. City Benchmarks
All city benchmarks can be found here: http://fortworthtexas.gov/itsolutions/GIS/
Look for ‘Zoning Maps’. Under ‘Layers’ , expand ‘Basemap Layers’, and check on
‘Benchmarks’.
B. Conventional or Robotic Total Station Equipment
I. A minimum of a 10 arc-second instrument is required.
II. A copy of the latest calibration report may be requested by the City at any time.
It is recommended that an instrument be calibrated by certified technician at
least 1 occurrence every 6 months.
C. Network/V.R.S. and static GPS Equipment
I. It is critical that the surveyor verify the correct horizontal and vertical datum
prior commencing work. A site calibration may be required and shall consist of
at least 4 control points spaced evenly apart and in varying quadrants.
Additional field checks of the horizontal and vertical accuracies shall be
completed and the City may ask for a copy of the calibration report at any time.
II. Network GPS such as the Western Data Systems or SmartNet systems may be
used for staking of property/R.O.W, forced-main water lines, and rough-grade
only. No GPS staking for concrete, sanitary sewer, storm drain, final grade, or
anything that needs vertical grading with a tolerance of 0.25’ or less is
allowed.
D. Control Points Set
I. All control points set shall be accompanied by a lath with the appropriate
Northing, Easting, and Elevation (if applicable) of the point set. Control points
can be set rebar, ‘X’ in concrete, or any other appropriate item with a stable
base and of a semi-permanent nature. A rebar cap is optional, but preferred if
the cap is marked ‘control point’ or similar wording.
II. Datasheets are required for all control points set.
Datasheet should include:
A. Horizontal and Vertical Datum used, Example: N.A.D.83, North Central Zone
4202, NAVD 88 Elevations
B. Grid or ground distance. – If ground, provide scale factor used and base
point coordinate, Example: C.S.F.=0.999125, Base point=North: 0, East=0
C. Geoid model used, Example: GEOID12A
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 5 of 26
E. Preferred Grid Datum
Although many plan sets can be in surface coordinates, the City’s preferred grid datum
is listed below. Careful consideration must be taken to verify what datum each project is
in prior to beginning work. It is essential the surveyor be familiar with coordinate
transformations and how a grid/surface/assumed coordinate system affect a project.
Projected Coordinate
System: NAD_1983_StatePlane_Texas_North_Central_FIPS_4202_Feet
Projection: Lambert_Conformal_Conic
False_Easting: 1968500.00000000
False_Northing: 6561666.66666667
Central_Meridian: -98.50000000
Standard_Parallel_1: 32.13333333
Standard_Parallel_2: 33.96666667
Latitude_Of_Origin: 31.66666667
Linear Unit: Foot_US
Geographic Coordinate System: GCS_North_American_1983
Datum: D_North_American_1983
Prime Meridian: Greenwich
Angular Unit: Degree
Note: Regardless of what datum each particular project is in, deliverables to the City
must be converted/translated into this preferred grid datum. 1 copy of the deliverable
should be in the project datum (whatever it may be) and 1 copy should be in the NAD83,
TX North Central 4202 zone. See Preferred File Naming Convention below
F. Preferred Deliverable Format
.txt .csv .dwg .job
G. Preferred Data Format
P,N,E,Z,D,N
Point Number, Northing, Easting, Elevation, Description, Notes (if applicable)
H. Preferred File Naming Convention
This is the preferred format: City Project Number_Description_Datum.csv
Example for a project that has surface coordinates which must be translated:
File 1: C1234_As-built of Water on Main Street_Grid NAD83 TXSP 4202.csv
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 6 of 26
File 2: C1234_As-built of Water on Main Street_Project Specific Datum.csv
Example Control Stakes
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 7 of 26
V. Water Staking Standards
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 8 of 26
A. Centerline Staking – Straight Line Tangents
I. Offset lath/stakes every 200’ on even stations
II. Painted blue lath/stake only, no hub is required
III. Grade is to top of pipe (T/P) for 12” diameter pipes or smaller
IV. Grade to flow line (F/L) for 16” and larger diameter pipes
V. Grade should be 3.50’ below the proposed top of curb line for 10” and smaller
diameter pipes
VI. Grade should be 4.00’ below the proposed top of curb line for 12” and larger
diameter pipes
VII. Cut Sheets are required on all staking and a copy can be received from the
survey superintendent
Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker
B. Centerline Staking - Curves
I. If arc length is greater than 100’, POC (Point of Curvature) offset stakes should
be set at a 25’ interval
II. Same grading guidelines as above
III. Staking of radius points of greater than 100’ may be omitted
C. Water Meter Boxes
I. 7.0’ perpendicular offset is preferred to the center of the box
II. Center of the meter should be 3.0’ behind the proposed face of curb
III. Meter should be staked a minimum of 4.5’ away from the edge of a driveway
IV. Grade is to top of box and should be +0.06’ higher than the proposed top of
curb unless shown otherwise on the plans
D. Fire Hydrants
I. Center of Hydrant should be 3.0’ behind proposed face of curb
II. Survey offset stake should be 7.0’ from the center and perpendicular to the curb
line or water main
III. Grade of hydrants should be +0.30 higher than the adjacent top of curb
E. Water Valves & Vaults
I. Offsets should be perpendicular to the proposed water main
II. RIM grades should only be provided if on plans
Example Water Stakes
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 9 of 26
VI. Sanitary Sewer Staking
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 10 of 26
A. Centerline Staking – Straight Line Tangents
I. Inverts shall be field verified and compared against the plans before staking
II. Painted green lath/stake WITH hub and tack or marker dot, no flagging required
III. 1 offset stake between manholes if manholes are 400’ or less apart
IV. Offset stakes should be located at even distances and perpendicular to the
centerline
V. Grades will be per plan and the date of the plans used should be noted
VI. If multiple lines are at one manhole, each line shall have a cut/fill and direction
noted
VII. Stakes at every grade break
VIII. Cut sheets are required on all staking
Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker
B. Centerline Staking – Curves
I. If arc length is greater than 100’, POC (Point of Curvature) offset stakes should
be set at a 25’ interval
II. Staking of radius points of greater than 100’ may be omitted
C. Sanitary Sewer Manholes
I. 2 offset stakes per manhole for the purpose of providing alignment to the
contractor
II. Flowline grade should be on the lath/stake for each flowline and direction noted
III. RIM grade should only be on the stake when provided in the plans
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 11 of 26
Example Sanitary Sewer Stakes
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 12 of 26
VII. Storm Sewer & Inlet Staking
A. Centerline Staking – Straight Line Tangents
I. 1 offset stake every 200’ on even stations
II. Grades are to flowline of pipe unless otherwise shown on plans
III. Stakes at every grade break
IV. Cut sheets are required on all staking
Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker
B. Centerline Staking – Curves
I. If arc length is greater than 100’, POC (Point of Curvature) offset stakes should
be set at a 25’ interval
II. Staking of radius points of greater than 100’ may be omitted
C. Storm Drain Inlets
I. Staking distances should be measured from end of wing
II. Standard 10’ Inlet = 16.00’ total length
III. Recessed 10’ Inlet = 20.00’ total length
IV. Standard double 10’ inlet = 26.67’ total length
V. Recessed double 10’ inlet = 30.67’ total length
D. Storm Drain Manholes
I. 2 offset stakes per manhole for the purpose of providing alignment to the
contractor
II. Flowline grade should be on the lath/stake for each flowline and direction noted
III. RIM grade should only be on the stake when provided in the plans
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 13 of 26
Example Storm Inlet Stakes
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 14 of 26
VIII. Curb and Gutter Staking
A. Centerline Staking – Straight Line Tangents
V. 1 offset stake every 50’ on even stations
VI. Grades are to top of curb unless otherwise shown on plans
VII. Stakes at every grade break
VIII. Cut sheets are required on all staking
Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker
B. Centerline Staking – Curves
III. If arc length is greater than 100’, POC (Point of Curvature) offset stakes should
be set at a 25’ interval
IV. Staking of radius points of greater than 100’ may be omitted
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 15 of 26
Example Curb & Gutter Stakes
Example Curb & Gutter Stakes at Intersection
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 16 of 26
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 17 of 26
IX. Cut Sheets
A. Date of field work
B. Staking Method (GPS, total station)
C. Project Name
D. City Project Number (Example: C01234)
E. Location (Address, cross streets, GPS coordinate)
F. Survey company name
G. Crew chief name
H. A blank template can be obtained from the survey superintendent (see item I above)
Standard City Cut Sheet
Date:
City Project
Number:
Project Name:
Staking Method: GPS
TOTAL
STATION OTHER
LOCATION:
CONSULTANT/CONTRACTOR
SURVEY CREW INITIALS
ALL GRADES ARE TO FLOWLINE OR TOP OF CURB UNLESS OTHERWISE NOTED.
OFFSET PROP.STAKEDPT #STATION -LT/+RT DESCRIPTION GRADE ELEV.- CUT + FILL
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 18 of 26
X. As-built Survey
A. Definition and Purpose
The purpose of an as-built survey is to verify the asset was installed in the proper location
and grade. Furthermore, the information gathered will be used to supplement the City’s GIS
data and must be in the proper format when submitted. See section IV.
As-built survey should include the following (additional items may be requested):
Manholes
Top of pipe elevations every 250 feet
Horizontal and vertical points of inflection, curvature, etc. (All Fittings)
Cathodic protection test stations
Sampling stations
Meter boxes/vaults (All sizes)
Fire lines
Fire hydrants
Gate valves (rim and top of nut)
Plugs, stub-outs, dead-end lines
Air Release valves (Manhole rim and vent pipe)
Blow off valves (Manhole rim and valve lid)
Pressure plane valves
Cleaning wyes
Clean outs
Casing pipe (each end)
Inverts of pipes
Turbo Meters
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 19 of 26
B. Example Deliverable
A hand written red line by the field surveyor is acceptable in most cases. This should be
a copy of the plans with the point number noted by each asset. If the asset is missing,
then the surveyor should write “NOT FOUND” to notify the City.
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 20 of 26
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 21 of 26
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 22 of 26
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 23 of 26
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 24 of 26
Obviously the .csv or .txt file cannot be signed/sealed by a surveyor in the format
requested. This is just an example and all this information should be noted when
delivered to the City so it is clear to what coordinate system the data is in.
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 25 of 26
C. Other preferred as-built deliverable
Some vendors have indicated that it is easier to deliver this information in a different
format. Below is an example spreadsheet that is also acceptable and can be obtained by
request from the survey superintendent.
K:\FTW_Civil\061282616 - Fort Worth South Bldg 4\Project Manual\Word\01 71 23.16.01_Attachment A_Survey
Staking Standards.docx
Page 26 of 26
01 71 23 - 1
DAP CONSTRUCTION STAKING AND SURVEY
Page 1 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 SECTION 01 71 23
2 CONSTRUCTION STAKING AND SURVEY
3 PART 1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Requirements for construction staking and construction survey
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. Construction Staking
15 a. Measurement
16 1) This Item is considered subsidiary to the various Items bid.
17 b. Payment
18 1) The work performed and the materials furnished in accordance with this
19 Item are subsidiary to the various Items bid and no other compensation will
20 be allowed.
21 2. Construction Survey
22 a. Measurement
23 1) This Item is considered subsidiary to the various Items bid.
24 b. Payment
25 1) The work performed and the materials furnished in accordance with this
26 Item are subsidiary to the various Items bid and no other compensation will
27 be allowed.
28 1.3 REFERENCES [NOT USED]
29 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
30 1.5 SUBMITTALS
31 A. Submittals, if required, shall be in accordance with Section 01 33 00.
32 B. All submittals shall be approved by the City prior to delivery.
33 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS
34 A. Certificates
35 1. Provide certificate certifying that elevations and locations of improvements are in
36 conformance or non-conformance with requirements of the Contract Documents.
37 a. Certificate must be sealed by a registered professional land surveyor in the
38 State of Texas.
01 71 23 - 2
DAP CONSTRUCTION STAKING AND SURVEY
Page 2 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 B. Field Quality Control Submittals
2 1. Documentation verifying accuracy of field engineering work.
3 1.7 CLOSEOUT SUBMITTALS [NOT USED]
4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
5 1.9 QUALITY ASSURANCE
6 A. Construction Staking
7 1. Construction staking will be performed by the City.
8 2. Coordination
9 a. Contact City’s Project Representative at least 2 weeks in advance for
10 scheduling of Construction Staking.
11 b. It is the Contractor’s responsibility to coordinate staking such that construction
12 activities are not delayed or negatively impacted.
13 3. General
14 a. Contractor is responsible for preserving and maintaining stakes furnished by
15 City.
16 b. If in the opinion of the City, a sufficient number of stakes or markings have
17 been lost, destroyed or disturbed, by Contractor’s neglect, such that the
18 contracted Work cannot take place, then the Contractor will be required to pay
19 the City for new staking with a 25 percent markup. The cost for staking will be
20 deducted from the payment due to the Contractor for the Project.
21 B. Construction Survey
22 1. Construction Survey will be performed by the City.
23 2. Coordination
24 a. Contractor to verify that control data established in the design survey remains
25 intact.
26 b. Coordinate with the City prior to field investigation to determine which
27 horizontal and vertical control data will be required for construction survey.
28 c. It is the Contractor’s responsibility to coordinate Construction Survey such that
29 construction activities are not delayed or negatively impacted.
30 d. Notify City if any control data needs to be restored or replaced due to damage
31 caused during construction operations.
32 1) City shall perform replacements and/or restorations.
33 3. General
34 a. Construction survey will be performed in order to maintain complete and
35 accurate logs of control and survey work as it progresses for Project Records.
36 b. The Contractor will need to ensure coordination is maintained with the City to
37 perform construction survey to obtain construction features, including but not
38 limited to the following:
39 1) All Utility Lines
40 a) Rim and flowline elevations and coordinates for each manhole or
41 junction structure
42 2) Water Lines
43 a) Top of pipe elevations and coordinates for waterlines at the following
44 locations:
45 (1) Every 250 linear feet
01 71 23 - 3
DAP CONSTRUCTION STAKING AND SURVEY
Page 3 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 (2) Horizontal and vertical points of inflection, curvature, etc. (All
2 Fittings)
3 (3) Cathodic protection test stations
4 (4) Sampling stations
5 (5) Meter boxes/vaults (All sizes)
6 (6) Fire lines
7 (7) Fire hydrants
8 (8) Gate valves
9 (9) Plugs, stubouts, dead-end lines
10 (10) Air Release valves (Manhole rim and vent pipe)
11 (11) Blow off valves (Manhole rim and valve lid)
12 (12) Pressure plane valves
13 (13) Cleaning wyes
14 (14) Casing pipe (each end)
15 b) Storm Sewer
16 (1) Top of pipe elevations and coordinates at the following locations:
17 (a) Every 250 linear feet
18 (b) Horizontal and vertical points of inflection, curvature, etc.
19 c) Sanitary Sewer
20 (1) Top of pipe elevations and coordinates for sanitary sewer lines at
21 the following locations:
22 (a) Every 250 linear feet
23 (b) Horizontal and vertical points of inflection, curvature, etc.
24 (c) Cleanouts
25 c. Construction survey will be performed in order to maintain complete and
26 accurate logs of control and survey work associated with meeting or exceeding
27 the line and grade required by these Specifications.
28 d. The Contractor will need to ensure coordination is maintained with the City to
29 perform construction survey and to verify control data, including but not
30 limited to the following:
31 1) Established benchmarks and control points provided for the Contractor’s
32 use are accurate
33 2) Benchmarks were used to furnish and maintain all reference lines and
34 grades for tunneling
35 3) Lines and grades were used to establish the location of the pipe
36 4) Submit to the City copies of field notes used to establish all lines and
37 grades and allow the City to check guidance system setup prior to
38 beginning each tunneling drive.
39 5) Provide access for the City to verify the guidance system and the line and
40 grade of the carrier pipe on a daily basis.
41 6) The Contractor remains fully responsible for the accuracy of the work and
42 the correction of it, as required.
43 7) Monitor line and grade continuously during construction.
44 8) Record deviation with respect to design line and grade once at each pipe
45 joint and submit daily records to City.
46 9) If the installation does not meet the specified tolerances, immediately notify
47 the City and correct the installation in accordance with the Contract
48 Documents.
49 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
01 71 23 - 4
DAP CONSTRUCTION STAKING AND SURVEY
Page 4 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 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 APPLICATION
9 3.5 REPAIR / RESTORATION [NOT USED]
10 3.6 RE-INSTALLATION [NOT USED]
11 3.7 FIELD [OR] SITE QUALITY CONTROL
12 A. It is the Contractor’s responsibility to maintain all stakes and control data placed by the
13 City in accordance with this Specification.
14 B. Do not change or relocate stakes or control data without approval from the City.
15 3.8 SYSTEM STARTUP [NOT USED]
16 3.9 ADJUSTING [NOT USED]
17 3.10 CLEANING [NOT USED]
18 3.11 CLOSEOUT ACTIVITIES [NOT USED]
19 3.12 PROTECTION [NOT USED]
20 3.13 MAINTENANCE [NOT USED]
21 3.14 ATTACHMENTS [NOT USED]
22 END OF SECTION
23
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP application
24
01 74 23 - 1
DAP CLEANING
Page 1 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 SECTION 01 74 23
2 CLEANING
3 PART 1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Intermediate and final cleaning for Work not including special cleaning of closed
7 systems specified elsewhere
8 B. Deviations from this City of Fort Worth Standard Specification
9 1. None.
10 C. Related Specification Sections include, but are not necessarily limited to:
11 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
12 2. Division 1 – General Requirements
13 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding
14 1.2 PRICE AND PAYMENT PROCEDURES
15 A. Measurement and Payment
16 1. Work associated with this Item is considered subsidiary to the various Items bid.
17 No separate payment will be allowed for this Item.
18 1.3 REFERENCES [NOT USED]
19 1.4 ADMINISTRATIVE REQUIREMENTS
20 A. Scheduling
21 1. Schedule cleaning operations so that dust and other contaminants disturbed by
22 cleaning process will not fall on newly painted surfaces.
23 2. Schedule final cleaning upon completion of Work and immediately prior to final
24 inspection.
25 1.5 SUBMITTALS [NOT USED]
26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
27 1.7 CLOSEOUT SUBMITTALS [NOT USED]
28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
29 1.9 QUALITY ASSURANCE [NOT USED]
30 1.10 STORAGE, AND HANDLING
31 A. Storage and Handling Requirements
32 1. Store cleaning products and cleaning wastes in containers specifically designed for
33 those materials.
01 74 23 - 2
DAP CLEANING
Page 2 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 1.11 FIELD [SITE] CONDITIONS [NOT USED]
2 1.12 WARRANTY [NOT USED]
3 PART 2 - PRODUCTS
4 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED]
5 2.2 MATERIALS
6 A. Cleaning Agents
7 1. Compatible with surface being cleaned
8 2. New and uncontaminated
9 3. For manufactured surfaces
10 a. Material recommended by manufacturer
11 2.3 ACCESSORIES [NOT USED]
12 2.4 SOURCE QUALITY CONTROL [NOT USED]
13 PART 3 - EXECUTION
14 3.1 INSTALLERS [NOT USED]
15 3.2 EXAMINATION [NOT USED]
16 3.3 PREPARATION [NOT USED]
17 3.4 APPLICATION [NOT USED]
18 3.5 REPAIR / RESTORATION [NOT USED]
19 3.6 RE-INSTALLATION [NOT USED]
20 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED]
21 3.8 SYSTEM STARTUP [NOT USED]
22 3.9 ADJUSTING [NOT USED]
23 3.10 CLEANING
24 A. General
25 1. Prevent accumulation of wastes that create hazardous conditions.
26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of
27 governing authorities.
28 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in
29 storm or sanitary drains or sewers.
30 4. Dispose of degradable debris at an approved solid waste disposal site.
31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an
32 alternate manner approved by City and regulatory agencies.
01 74 23 - 3
DAP CLEANING
Page 3 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 6. Handle materials in a controlled manner with as few handlings as possible.
2 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with
3 this project.
4 8. Remove all signs of temporary construction and activities incidental to construction
5 of required permanent Work.
6 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to
7 have the cleaning completed at the expense of the Contractor.
8 10. Do not burn on-site.
9 B. Intermediate Cleaning during Construction
10 1. Keep Work areas clean so as not to hinder health, safety or convenience of
11 personnel in existing facility operations.
12 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish.
13 3. Confine construction debris daily in strategically located container(s):
14 a. Cover to prevent blowing by wind
15 b. Store debris away from construction or operational activities
16 c. Haul from site at a minimum of once per week
17 4. Vacuum clean interior areas when ready to receive finish painting.
18 a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance.
19 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which
20 may become airborne or transported by flowing water during the storm.
21 C. Exterior (Site or Right of Way) Final Cleaning
22 1. Remove trash and debris containers from site.
23 a. Re-seed areas disturbed by location of trash and debris containers in accordance
24 with Section 32 92 13.
25 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object
26 that may hinder or disrupt the flow of traffic along the roadway.
27 3. Clean any interior areas including, but not limited to, vaults, manholes, structures,
28 junction boxes and inlets.
29 4. If no longer required for maintenance of erosion facilities, and upon approval by
30 City, remove erosion control from site.
31 5. Clean signs, lights, signals, etc.
32 3.11 CLOSEOUT ACTIVITIES [NOT USED]
33 3.12 PROTECTION [NOT USED]
34 3.13 MAINTENANCE [NOT USED]
35 3.14 ATTACHMENTS [NOT USED]
36
37
38
39
40
01 74 23 - 4
DAP CLEANING
Page 4 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 END OF SECTION
2
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP application
3
01 77 19 - 1
DAP CLOSEOUT REQUIREMENTS
Page 1 of 3
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 SECTION 01 77 19
2 CLOSEOUT REQUIREMENTS
3 PART 1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. The procedure for closing out a contract
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include, but are not necessarily limited to:
10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
11 2. Division 1 – General Requirements
12 1.2 PRICE AND PAYMENT PROCEDURES
13 A. Measurement and Payment
14 1. Work associated with this Item is considered subsidiary to the various Items bid.
15 No separate payment will be allowed for this Item.
16 1.3 REFERENCES [NOT USED]
17 1.4 ADMINISTRATIVE REQUIREMENTS
18 A. Guarantees, Bonds and Affidavits
19 1. No application for final payment will be accepted until all guarantees, bonds,
20 certificates, licenses and affidavits required for Work or equipment as specified are
21 satisfactorily filed with the City.
22 B. Release of Liens or Claims
23 1. No application for final payment will be accepted until satisfactory evidence of
24 release of liens has been submitted to the City.
25 1.5 SUBMITTALS
26 A. Submit all required documentation to City’s Project Representative.
01 77 19 - 2
DAP CLOSEOUT REQUIREMENTS
Page 2 of 3
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 1.6 INFORMATIONAL SUBMITTALS [NOT USED]
2 1.7 CLOSEOUT SUBMITTALS [NOT USED]
3 PART 2 - PRODUCTS [NOT USED]
4 PART 3 - EXECUTION
5 3.1 INSTALLERS [NOT USED]
6 3.2 EXAMINATION [NOT USED]
7 3.3 PREPARATION [NOT USED]
8 3.4 CLOSEOUT PROCEDURE
9 A. Prior to requesting Final Inspection, submit:
10 1. Project Record Documents in accordance with Section 01 78 39
11 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23
12 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section
13 01 74 23.
14 C. Final Inspection
15 1. After final cleaning, provide notice to the City Project Representative that the Work
16 is completed.
17 a. The City will make an initial Final Inspection with the Contractor present.
18 b. Upon completion of this inspection, the City will notify the Contractor, in
19 writing within 10 business days, of any particulars in which this inspection
20 reveals that the Work is defective or incomplete.
21 2. Upon receiving written notice from the City, immediately undertake the Work
22 required to remedy deficiencies and complete the Work to the satisfaction of the
23 City.
24 3. Upon completion of Work associated with the items listed in the City's written
25 notice, inform the City, that the required Work has been completed. Upon receipt
26 of this notice, the City, in the presence of the Contractor, will make a subsequent
27 Final Inspection of the project.
28 4. Provide all special accessories required to place each item of equipment in full
29 operation. These special accessory items include, but are not limited to:
30 a. Specified spare parts
31 b. Adequate oil and grease as required for the first lubrication of the equipment
32 c. Initial fill up of all chemical tanks and fuel tanks
33 d. Light bulbs
34 e. Fuses
35 f. Vault keys
36 g. Handwheels
37 h. Other expendable items as required for initial start-up and operation of all
38 equipment
39 D. Notice of Project Completion
01 77 19 - 3
DAP CLOSEOUT REQUIREMENTS
Page 3 of 3
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 1. Once the City Project Representative finds the Work subsequent to Final Inspection
2 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet).
3 E. Supporting Documentation
4 1. Coordinate with the City Project Representative to complete the following
5 additional forms:
6 a. Final Payment Request
7 b. Statement of Contract Time
8 c. Affidavit of Payment and Release of Liens
9 d. Consent of Surety to Final Payment
10 e. Pipe Report (if required)
11 f. Contractor’s Evaluation of City
12 g. Performance Evaluation of Contractor
13 F. Letter of Final Acceptance
14 1. Upon review and acceptance of Notice of Project Completion and Supporting
15 Documentation, in accordance with General Conditions, City will issue Letter of
16 Final Acceptance and release the Final Payment Request for payment.
17 3.5 REPAIR / RESTORATION [NOT USED]
18 3.6 RE-INSTALLATION [NOT USED]
19 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED]
20 3.8 SYSTEM STARTUP [NOT USED]
21 3.9 ADJUSTING [NOT USED]
22 3.10 CLEANING [NOT USED]
23 3.11 CLOSEOUT ACTIVITIES [NOT USED]
24 3.12 PROTECTION [NOT USED]
25 3.13 MAINTENANCE [NOT USED]
26 3.14 ATTACHMENTS [NOT USED]
27 END OF SECTION
28
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP application
29
01 78 23 - 1
DAP OPERATION AND MAINTENANCE DATA
Page 1 of 5
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 SECTION 01 78 23
2 OPERATION AND MAINTENANCE DATA
3 PART 1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Product data and related information appropriate for City's maintenance and
7 operation of products furnished under Contract
8 2. Such products may include, but are not limited to:
9 a. Traffic Controllers
10 b. Irrigation Controllers (to be operated by the City)
11 c. Butterfly Valves
12 B. Deviations from this City of Fort Worth Standard Specification
13 1. None.
14 C. Related Specification Sections include, but are not necessarily limited to:
15 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
16 2. Division 1 – General Requirements
17 1.2 PRICE AND PAYMENT PROCEDURES
18 A. Measurement and Payment
19 1. Work associated with this Item is considered subsidiary to the various Items bid.
20 No separate payment will be allowed for this Item.
21 1.3 REFERENCES [NOT USED]
22 1.4 ADMINISTRATIVE REQUIREMENTS
23 A. Schedule
24 1. Submit manuals in final form to the City within 30 calendar days of product
25 shipment to the project site.
26 1.5 SUBMITTALS
27 A. Submittals shall be in accordance with Section 01 33 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 ½ 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
01 78 23 - 2
DAP OPERATION AND MAINTENANCE DATA
Page 2 of 5
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
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
39 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.
01 78 23 - 3
DAP OPERATION AND MAINTENANCE DATA
Page 3 of 5
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
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
01 78 23 - 4
DAP OPERATION AND MAINTENANCE DATA
Page 4 of 5
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
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
01 78 23 - 5
DAP OPERATION AND MAINTENANCE DATA
Page 5 of 5
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
2 1.11 FIELD [SITE] CONDITIONS [NOT USED]
3 1.12 WARRANTY [NOT USED]
4 PART 2 - PRODUCTS [NOT USED]
5 PART 3 - EXECUTION [NOT USED]
6 END OF SECTION
7
Revision Log
DATE NAME SUMMARY OF CHANGE
8/31/2012 D. Johnson 1.5.A.1 – title of section removed
4/7/2014 M.Domenech Revised for DAP Application
8
01 78 39 - 1
DAP PROJECT RECORD DOCUMENTS
Page 1 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 SECTION 01 78 39
2 PROJECT RECORD DOCUMENTS
3 PART 1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Work associated with the documenting the project and recording changes to project
7 documents, including:
8 a. Record Drawings
9 b. Water Meter Service Reports
10 c. Sanitary Sewer Service Reports
11 d. Large Water Meter Reports
12 B. Deviations from this City of Fort Worth Standard Specification
13 1. None.
14 C. Related Specification Sections include, but are not necessarily limited to:
15 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
16 2. Division 1 – General Requirements
17 1.2 PRICE AND PAYMENT PROCEDURES
18 A. Measurement and Payment
19 1. Work associated with this Item is considered subsidiary to the various Items bid.
20 No separate payment will be allowed for this Item.
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 SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
27 1.7 CLOSEOUT SUBMITTALS [NOT USED]
28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
29 1.9 QUALITY ASSURANCE
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.
01 78 39 - 2
DAP PROJECT RECORD DOCUMENTS
Page 2 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
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 1.11 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
21 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no
22 charge to the Contractor, 1 complete set of all Documents comprising the Contract.
23 B. Final Record Documents
24 1. At a time nearing the completion of the Work and prior to Final Inspection, provide
25 the City 1 complete set of all Final Record Drawings in the Contract.
26 2.3 ACCESSORIES [NOT USED]
27 2.4 SOURCE QUALITY CONTROL [NOT USED]
28 PART 3 - EXECUTION
29 3.1 INSTALLERS [NOT USED]
30 3.2 EXAMINATION [NOT USED]
31 3.3 PREPARATION [NOT USED]
32 3.4 MAINTENANCE DOCUMENTS
33 A. Maintenance of Job Set
34 1. Immediately upon receipt of the job set, identify each of the Documents with the
35 title, "RECORD DOCUMENTS - JOB SET".
01 78 39 - 3
DAP PROJECT RECORD DOCUMENTS
Page 3 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
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.
01 78 39 - 4
DAP PROJECT RECORD DOCUMENTS
Page 4 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
1 d. Make changes neatly, consistently and with the proper media to assure
2 longevity and clear reproduction.
3 2. Transfer of data to other Documents
4 a. If the Documents, other than Drawings, have been kept clean during progress of
5 the Work, and if entries thereon have been orderly to the approval of the City,
6 the job set of those Documents, other than Drawings, will be accepted as final
7 Record Documents.
8 b. If any such Document is not so approved by the City, secure a new copy of that
9 Document from the City at the City's usual charge for reproduction and
10 handling, and carefully transfer the change data to the new copy to the approval
11 of the City.
12 3.5 REPAIR / RESTORATION [NOT USED]
13 3.6 RE-INSTALLATION [NOT USED]
14 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED]
15 3.8 SYSTEM STARTUP [NOT USED]
16 3.9 ADJUSTING [NOT USED]
17 3.10 CLEANING [NOT USED]
18 3.11 CLOSEOUT ACTIVITIES [NOT USED]
19 3.12 PROTECTION [NOT USED]
20 3.13 MAINTENANCE [NOT USED]
21 3.14 ATTACHMENTS [NOT USED]
22 END OF SECTION
23
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP Application
24