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Home My WebLink AboutContract 54974-PM1PROJECT MANUAL FOR THE CONSTRUCTION OF WATER, SANITARY SEWER, STORM DRAINAGE AND STREET LIGHT IMPROVEMENTS TO SERVE ELIZABETH CREEK PHASE 2 OCTOBER 2020 FID # 30114-0200431-102284-E07685 FILE NO. W-2668 “X” NO. 26274 CITY PROJECT NO. 102284 IRPC # 19-0195 Betsy Price David Cooke Mayor City Manager Christopher P. Harder, P.E. Director, Water Department William Johnson Director, Transportation and Public Works Department The City of Fort Worth PREPARED BY PELOTON LAND SOLUTIONS 11000 FRISCO STREET, SUITE 400 FRISCO, TX 75033 469-213-1800 CSC No. 54974-PM1 00 00 10- 1 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 1 of 4 CITY OF FORT WORTH Elizabeth Creek Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. XXXXX Revised September 1, 2015 SECTION 00 00 10 1 TABLE OF CONTENTS 2 DEVELOPER AWARDED PROJECTS 3 4 Division 00 - General Conditions 5 00 11 13 Invitation to Bidders 6 00 21 13 Instructions to Bidders 7 00 41 00 Bid Form 8 00 42 43 Proposal Form Unit Price 9 00 43 13 Bid Bond 10 00 45 11 Bidders Prequalification’s 11 00 45 12 Prequalification Statement 12 00 45 13 Bidder Prequalification Application 13 00 45 26 Contractor Compliance with Workers' Compensation Law 14 00 45 40 Minority Business Enterprise Goal 15 00 52 43 Agreement 16 00 61 25 Certificate of Insurance 17 00 62 13 Performance Bond 18 00 62 14 Payment Bond 19 00 62 19 Maintenance Bond 20 00 72 00 General Conditions 21 00 73 00 Supplementary Conditions 22 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded 23 Projects 24 25 Division 01 - General Requirements 26 01 11 00 Summary of Work 27 01 25 00 Substitution Procedures 28 01 31 19 Preconstruction Meeting 29 01 31 20 Project Meetings 30 01 32 16 Construction Progress Schedule 31 01 32 33 Preconstruction Video 32 01 33 00 Submittals 33 01 35 13 Special Project Procedures 34 01 45 23 Testing and Inspection Services 35 01 50 00 Temporary Facilities and Controls 36 01 55 26 Street Use Permit and Modifications to Traffic Control 37 01 57 13 Storm Water Pollution Prevention Plan 38 01 58 13 Temporary Project Signage 39 01 60 00 Product Requirements 40 01 66 00 Product Storage and Handling Requirements 41 01 70 00 Mobilization and Remobilization 42 01 71 23 Construction Staking 43 01 74 23 Cleaning 44 01 77 19 Closeout Requirements 45 01 78 23 Operation and Maintenance Data 46 01 78 39 Project Record Documents 47 48 00 00 10- 2 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of 4 CITY OF FORT WORTH Elizabeth Creek Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. XXXXX Revised September 1, 2015 Technical Specifications which have been modified by the Engineer specifically for this 1 Project; hard copies are included in the Project’s Contract Documents 2 3 None 4 5 Technical Specifications listed below are included for this Project by reference and can be 6 viewed/downloaded from the City’s Buzzsaw site at: 7 8 htps://projectpoint.buzzsaw.com/client/fortworthgov/Resources/02%20-9 %20Construction%20Documents/Specifications 10 11 Division 02 - Existing Conditions 12 02 41 13 Selective Site Demolition 13 02 41 14 Utility Removal/Abandonment 14 02 41 15 Paving Removal 15 16 Division 03 - Concrete 17 03 30 00 Cast-In-Place Concrete 18 03 34 13 Controlled Low Strength Material (CLSM) 19 03 34 16 Concrete Base Material for Trench Repair 20 03 80 00 Modifications to Existing Concrete Structures 21 22 Division 26 - Electrical 23 26 05 00 Common Work Results for Electrical 24 26 05 10 Demolition for Electrical Systems 25 26 05 33 Raceway and Boxes for Electrical Systems 26 26 05 43 Underground Ducts and Raceways for Electrical Systems 27 28 Division 31 - Earthwork 29 31 10 00 Site Clearing 30 31 23 16 Unclassified Excavation 31 31 23 23 Borrow 32 31 24 00 Embankments 33 31 25 00 Erosion and Sediment Control 34 31 36 00 Gabions 35 31 37 00 Riprap 36 37 Division 32 - Exterior Improvements 38 32 01 17 Permanent Asphalt Paving Repair 39 32 01 18 Temporary Asphalt Paving Repair 40 32 01 29 Concrete Paving Repair 41 32 11 23 Flexible Base Courses 42 32 11 29 Lime Treated Base Courses 43 32 11 33 Cement Treated Base Courses 44 32 12 16 Asphalt Paving 45 32 12 73 Asphalt Paving Crack Sealants 46 32 13 13 Concrete Paving 47 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 48 32 13 73 Concrete Paving Joint Sealants 49 32 14 16 Brick Unit Paving 50 00 00 10- 3 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 3 of 4 CITY OF FORT WORTH Elizabeth Creek Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. XXXXX Revised September 1, 2015 32 16 13 Concrete Curb and Gutters and Valley Gutters 1 32 17 23 Pavement Markings 2 32 31 13 Chain Link Fences and Gates 3 32 31 26 Wire Fences and Gates 4 32 31 29 Wood Fences and Gates 5 32 32 13 Cast-in-Place Concrete Retaining Walls 6 32 91 19 Topsoil Placement and Finishing of Parkways 7 32 92 13 Hydro-Mulching, Seeding, and Sodding 8 32 93 43 Trees and Shrubs 9 10 Division 33 - Utilities 11 33 01 30 Sewer and Manhole Testing 12 33 01 31 Closed Circuit Television (CCTV) Inspection 13 33 03 10 Bypass Pumping of Existing Sewer Systems 14 33 04 10 Joint Bonding and Electrical Isolation 15 33 04 11 Corrosion Control Test Stations 16 33 04 12 Magnesium Anode Cathodic Protection System 17 33 04 30 Temporary Water Services 18 33 04 40 Cleaning and Acceptance Testing of Water Mains 19 33 05 10 Utility Trench Excavation, Embedment, and Backfill 20 33 05 12 Water Line Lowering 21 33 05 13 Frame, Cover and Grade Rings 22 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 23 33 05 16 Concrete Water Vaults 24 33 05 17 Concrete Collars 25 33 05 20 Auger Boring 26 33 05 21 Tunnel Liner Plate 27 33 05 22 Steel Casing Pipe 28 33 05 23 Hand Tunneling 29 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 30 33 05 26 Utility Markers/Locators 31 33 05 30 Exploratory Excavation for Existing Utilities 32 33 11 10 Ductile Iron Pipe 33 33 11 11 Ductile Iron Fittings 34 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 35 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 36 33 11 14 Buried Steel Pipe and Fittings 37 33 12 10 Water Services 1-inch to 2-inch 38 33 12 11 Large Water Meters 39 33 12 20 Resilient Seated Gate Valve 40 33 12 21 AWWA Rubber-Seated Butterfly Valves 41 33 12 25 Connection to Existing Water Mains 42 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 43 33 12 40 Dry-Barrel Fire Hydrants 44 33 12 50 Water Sample Stations 45 33 12 60 Blow-off Valves 46 33 31 12 Cured in Place Pipe (CIPP) 47 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 48 33 31 15 HDPE Pipe For Sanitary Sewers (Gravity and Force Mains) 49 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 50 00 00 10- 4 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 4 of 4 CITY OF FORT WORTH Elizabeth Creek Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. XXXXX Revised September 1, 2015 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 1 33 31 22 Sanitary Sewer Slip Lining 2 33 31 23 Sanitary Sewer Pipe Enlargement 3 33 31 50 Sanitary Sewer Service Connections and Service Line 4 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 5 33 39 10 Cast-in-Place Concrete Manholes 6 33 39 20 Precast Concrete Manholes 7 33 39 30 Fiberglass Manholes 8 33 39 40 Wastewater Access Chamber (WAC) 9 33 39 60 Epoxy Liners for Sanitary Sewer Structures 10 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 11 33 41 11 HDPE Storm Sewer Pipe 12 33 46 00 Sub drainage 13 33 46 01 Slotted Storm Drains 14 33 46 02 Trench Drains 15 33 49 10 Cast-in-Place Manholes and Junction Boxes 16 33 49 20 Curb and Drop Inlets 17 33 49 40 Storm Drainage Headwalls and Wingwalls 18 19 Division 34 - Transportation 20 34 41 10 Traffic Signals 21 34 41 13 Removing Traffic Signals 22 34 41 20 Roadway Illumination Assemblies 23 34 41 30 Aluminum Signs 24 34 71 13 Traffic Control 25 26 Appendix 27 GC-4.01 Availability of Lands 28 GC-4.02 Subsurface and Physical Conditions 29 GC-4.04 Underground Facilities 30 GC-4.06 Hazardous Environmental Condition at Site 31 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 32 GC-6.07 Wage Rates 33 GC-6.09 Permits and Utilities 34 GC-6.24 Nondiscrimination 35 GR-01 60 00 Product Requirements 36 37 END OF SECTION 38 UTILITY CONTRACT FORMS �0 41 OEl DAP Bi� FUKM F�R PUf31.1L:LY 6I� PROIE.CTS UNLT Page 7 af 3 sECT�oN ao ai aa DAF B1D FQRM FUR pE]BLICLY BiD PRn]ECTS ONLY Tp: PulteGrou�, Inc. F�R: Water, Sa�itary 5ewer, xnd 5torm Drainage Imprv�ements Ciiy Proje�t Na.: 1Q2284 UnitslSectinns: Elizabet� �reek Phase 2 Water, Sanitary Sewer, and Storm Urainage Impr��ements l. En#er Inta Agreemen# The undersigned Bidder pra�oses and agrees, if this Bid is accepted, ta enter intn an Agreement with Deve�aper in the forrri included in the Bidding Dacurrsents ta perform and furnish alI VVork as spe�ified ar indi�ated in the Contract �acuments for the Sid Pr'sce and witi�in the Contract']'ime indicated sn this Bid and in a�cardance ��itl� the other terms and conditians of the Contra�t �ocurr�ents. 2. SIDDER Acknovvle�gements and Certification 2. ], In subinitting this Bid, Si.dder a�cepts all of the terms and �Qnditions of the TNVITATI�N TU B1D�Eft5 and INSTRUCTIDNS T� gIDDERS, irscluding withaut limitatiot� those dealing with ihe dispositian oF Sid i3Qnd. 2,Z. Bidder is aware of all costs to pra�ide the required insurance, w'sIl do so �ending contract award, and �vill pro�ide a valid insurans:e �ertifi�ate meeting all requirexnents in ihe cotastructit�n contract. ?.3. Bidder certifies that this Bid is genuine and not made in the interest of' or an behalf af any undisclosed indi�iduai or entity az�d is nat suhmitted in �anfonmity with any collusi�e agreement or rules Qf any �raup, association, arganizatifln, or corporation. 2,4. Bidder has i�ot directly ar indirectly indueed or sali�"sted any other Sidder to submit a false ar sham Bid. 2.5. Bidder has not solicited ar inducecf any indi�idual ar entity io refrairs from bidding. 2.Fi. Bidder has not engaged in cars'upt, fraudulent, collusi�e, or coerci�e practices in caznpeting far ti�e CQntract. For the purposes af this Paragraph: a. "corrupt practice" means the affering, �i�ing, re�eiving, or salicitin�; of anything af �a]ue iikely to issf(uence the action Qf a pu�lsc official in the bidding process. b. "fraudulent prac.-tice" means an snientional nnisrepresentation of facts nnade (a} to influence tl�e bidding process tp the detriment af De�eloper [b} to establish Bid prices at LITYOF FC1RT WORTN STAN OAft P[ONSTR U C710 N R�� fOftM - OEVE LO P ER 0.W AR�f � P ROlECTS 00 41 � 8i d Farm - �AP.docx �arm fte�ised Apri4 2, 2014 na 4� na 17AY BIa FQRM POR PUSLiCLY B1D PAU.iGCTS DtiLY Fage2 nf3 artificial non-cnmpetitir�e le�els, or {c} tQ depri�e �e�eloper of the benefits of free and open competition. c. "collusi�e practice" means a s�heme or arrangerr�ent between twa ar tnore �idders, with vr witY��ut the krtowledge of �evetoper, a�aurpose of which is to establish Bid gri�es at artificial, s�an-co�petitive le�els. d. "coerci�e practice" means harming or thrE:atening to harm, directly or indirectly, persons or their praperty to in#�uence their participation in the bidding pro�ess ar af#'ect the execution af tlie Contract. 3. Preguali�catiou The F3idder acknowledges ihat t�e fol�owing wark types must be per#'ormer� only t�y prequa[ifed cnntractors and subcontractors: a. WATER, SANITARY SFWER, AND ST�RM DRAII�AGE IMPR�VEMENTS 4. Time of �orrxpietir�n 4. i. The 1Nork will be cazriplete far Fina� Acceptance within � wvrkin� days after the date wh�n the Contract Time �arnrrzences to run as pra�vid�d in the General Canditions. 4.2. Bidder accepts the �ro�isions oFthe A�recment to liquidated darnages, if applicabie, in tt�e ��ent of failure to camplete the Work {andlor achie�emeni of Milestones} �vithin the times specifsed in the Agreement. 5. At#ached ta this Bid 'ri�e fallawing da�uza�ents are atta�hed ta and tnade a part of this Bid: a. This Bid Form, Section a0 4l 04 b. i3id Bond (if required}, Section flf143 l 3 issued by a surety meeting t�e req�irements of the General Canditinns. c. PrUpUsal Form, Section OD 42 43 d. MBE Forms {if required) e. Prequa�ifs�ation Statement, Section 4� 4S 1� f. Any addit��ttal dacurr►ents thai may b� r�q�ired hy Section 12 of the instru�tions to 6idders g. Bidder pre-qualif€catian appli�ation (optianal) fr. Tota! Bid Amaunt b.l. Sidder will complete the Wark in accordat�ce with the Contract Dacurr�ents for the fQllawing bid amount. in the spa�e pro�ided below, please enter the tatall�id amaunt for this pr4ject. C]nly this figure wiil be read �ublicly by the City at the bid opening. b.2. It is understnod and agreed by ti�e gidder in signing this prnposal that the tatal bid amaunt entered below is subject ta �erification andlor rnoditication by multiplying the unit Cf7Y pF FORT WORTH SiA N E7AR R CON STR UCTI O N 61D �fl R M- DEVE L6PER A W ARt]Eb PHQJ ECTS 90 42 0a Bid Form - OA P.dOcx Form ke�lsed April 2, 2014 i)!J 41 00 DAP SlT7 FURM FaR PU6LICLY F3ID PE2[]1LC'f5 a:i[.Y Pa�e 3 oi'3 bid prices far each pay item by the respecti�e estimated quantities shown in this proposal and ther� totaling a!1 nf the extended amounts. 6.3. E�aivation of Alternate Bid ltems �use this if a�plicable, atherwise delete� TQta4 gase i3id Alternate Bid TOTAL SlD 7. Sid Suhmittai This 8id is st�bmit�er� on q�� Q2 � Respectfuily sub�n"stted, B : � -- �� ` - . . y r-- - - i�[Tatur� �Oc�n�� Y ,_ � (T'�ted Name} Titte:�-i,�ru�p r Campany: �G.�- �o►��'r�4��a�--� Add�-ess: �qj ��, �� j1 � � F-T +� +tgfr �� 'i r� State of Tncarparatian: "-�� ;ii3811- i0d�� L'i'(aa+�3T�r vrt'�+• C�Y r►'t Phone: (� �� -S'Gz � �7� �.. 7yGT,(� T 3 . G � _ ------�-- �4'$ �r7S .Lc7 by t3�e entity named belaw Receipt is a�knowlet�ged af the fol3owi�ig Addenda: Initiai Addendum No. 1 Addendum No. 2 Adderadum hEo. 3 Elddendum Nn. 4 END UF SECTI�N [I7Y DF FOHF WqRTH STAN �ARO CE3N57Ri3C710fV B I P FpRM - �EVELOPE R A WAR�E � PROJEC75 00 41 a9 8 id Fa rm - I7AP.d o�x FQrm Revised April 2, 20I4 ni ax a3 pAP - [31➢ AR[3P[15AL N:�e 1 uF3 sEcn�N ua az aa �evelaper Awarded Proje�ts - PRDP05AL FORM UNIT PRICE BID Bidder's Applicati�n Prnject Item Iniannaiian F3iddetc Prn��nsa! 13idlis� ilem pcscription Specificatian Unit a£ 83d ��nit Pnce 8id Value �i�. Section �fo. Measurc Quantity Nli l: WATER IlNPROVENkENT j 3311.0241 8" Water Pipe 33 11 72 LF 7A36 ,'�1a �p � 2 33122a63 1" Water 5ervir,�. 33 72 10 EA 185 ',s� ��ZpD 3 3312.30Q3 8" GatE Vaive 33 �2 20 EA 43 �.d� , pd 4 3312.66Q7 FireHydrant 33724� �A t5 i,j�p$,a� .p�0 � 3317.00d7 �uctil2 Ifon WBtEf FittingS wl Rssfraint 33 11 19 TON 5 � p, �7 fi 33a5.0109 Trer+Ch SafeYy 33 05 10 LF 743fi . Q 7 Q241.7 7 78 4"-12" Pressure PEug 62 a1 14 EA 4 ,dp Q ,q 8 3312.d112 'f6"xa" Tapping 5[eeve & Val�e 33 72 25 EA 1 ,�� 1so 9 3312.fl117 Connection ta �xis�ing 4"-32" Watsr Main 33 12 25 FA 1 . bp D 10 11 12 i3 '! 4 15 16 17 18 19 2{3 21 zz 23 24 25 26 27 2$ 29 3D 31 32 33 34 35 38 37 38 39 4f] 41 42 43 T�TAL UNIT 1: WATEi2 fMPRdVEINENTS G�'7 4L+. Q C,ontr�ctor agrees to �omplete V4'ORK for FFIYAI. ACC'EP"i'AtiCF. within xorking days a4ter the date when thc Cp;YTR4CT comme¢ee3 ta run as prnnded io tl�e t;eaersi �.ouuinans. /q, �+y�r rGy CS'FY 6f FORT WOR'iH S"f�2�N0ARi7 COhS"fStL'CT10N SPEClFICA'F10N 1]OCUMENTS - o�'L•LOPER AWARI1F.f] P[L03EC'FS Frnm 4'ersion Septem6er 1. 2a15 W 42 d3_6id Proposa]_UAP Ofl d2 33 ❑AP - $f0 PR�PpSAI. Pr�e 2 oF 3 s�c�o�r oa az aa �eveloper Awarded Projects - PR0��5AL FpRM UN1T PR10E BID Bidder's Appli�a#ian Prnject ftem infonna�inn Sidder's Proposal Bidlist item Specifica[ion f fitit af �3�d �i��t Pricc 8id Value I7exrEpl�on �o Section ND. Measure [�uant�ly LkNIT EI: SANITARY SEWER IiNPRDVEMEN75 1 3331.4115 8" Sewer Pipe 33 11 10 LF 883fl Z'8• 7a (rj(a,bZl•Qo 2 333t.43D8 21" Sewer Pipe 33 19 10 LF � 277 77- 30 �]$� 7� �•{a 3 3339.1fl�1 4' Manhole 33 39 �Q �A 33 24�3-e� q��7'{�.DD 4 33fl5A9 98 C55 Encaserr3ent for Lltility Pipes 33 05 10 LF 519 ��.pn �4�jS'� �7 5 3305.D116 Con�rete Encasement for Utility Pipes 33 q5 ip LF 32 �7Lp� Z� �vY•� 6 3339.11�1 5' Manhale 33 39 � a EA 8� L5�.G7 L�►�a Q�+o. va 7 3339.'E'Ed2 5' Qrap Manhole 33 39 1a EA 3��5:� a�yG�� 8 3339.DDfl1 Epoxy Manhole Liner 33 39 6Q VF 931 ��[�.ara �'$� 77�. 8 33q5.0 ] 13 Trench Water Staps 33 Q5 15 �A 25 �*�Lr S.�pO �1� �{��: pr3 1p 3331,33 a3 4" 5ewer 5er�i�e 33 S1 5fl EA 18fi S� O4 l+��' $aR pD 11 9999.0601 Connectto Existing 5' Manhols S3 31 50 EA 1 �$7�-0"� 7�"J$.�a 12 33a5.q149 Trench Sa#ety 33 05 1p LF 81fl7 ¢[,�n Y�,�ip¢[•�� i3 33fl1.0002 Past-CCTV fnspection 33 a't 31 L.F 81Q7 "7.��' ,�j"!ey i{('J�� i4 33fl1.01p1 Manhale Va�uurr� 7esting 33 a't 3fl EA 42 �$Z.Od 7f,}�gl�aD '! 5 16 17 18 19 2D 21 22 23 24 �5 26 27 28 29 �a 39 32 33 3�l 35 36 37 38 39 40 41 42 43 7QTAL UNI711: SANITARY EWER IMPRQVEAIl�N7S Q. C Cuntractar agreea to complete VI�CIRI{Far F1NAL ACC EYTA\C:E within working days aFter [hc daie whea tbe CUIV'F'R AC T cummences tn run as pravidcd in the t;eneral l.'onR�tions. CI'I�Y [li F6RT WdRTH STA*lOARL7 COwSTkllCTFON SPF.CIFlCAT1UN DOCIf!NE;l7�5 -DE�F'F�.OPERAW.4RAFD VitOJECTS Fon� Veniai Seyseinber 1, 2f�ES U� A2 �1_Sid Proposal_➢AP rw az aa o.aP-nao nKornsai. Page 3 af 3 5EC710N �D 42 43 f7evelaper Awasded Prv�ects - PR�F'DSAL FORlN UN1T PR10E BID Project i[em Inforsnation ist �rein i7escriptinn i�Ia. ti 3341.Da02 42" RCP, Class lll 2 3341.b409 48" RCP, Cl�ss Ill 3 3341.0302 3t]" RCP, Class ill q 33a1.�2D5 24" RCP, Class 111 � 3341.a�01 21" RCP, Class ill 8 3305.0112 CQncrete Coilar 7 3349.5[i01 1q' Curb Iniet g 3349.0001 4' Starrn Jun�tion Box g 3349.0042 5' Starm Jun�tian Bax 1fl 3349.4105 24" S�T, 1 pipe 11 3349.4169 42" SEi, 1 pipe 12 3349.4'i 13 48" S�T, 1 pipe 13 3137.0102 Large 5tane Riprap, dry 14 3305.QT69 Trench Safefy 95 16 i7 18 19 2a 21 22 23 24 25 26 27 28 29 3fl 31 32 33 34 35 35 3i 38 39 40 41 Q2 43 44 Bidder's Application Riddei s Pmposal Specificai�un Llnit aF Sid Unit Yrice Bid Vatue Seciioii No. Measure Quantit} iMARdVEMENTS 33 41 10 LF 727 j .�'Q �� 3�. 3� 33 41 1 fl LF 54 r'�4 , I d �� '� 33411fl LF 1117 "%�i.Gti �i��.��' 334110 LF 1368 (��•°�� ,��j{p�•r� 33 41 10 L� 3'E 1 ��OC �4E/7$.a'a' 336517 EA 1 11�+� r�`�•�n 33 49 2fl EA i 9 .3�99'4•eD %J�`I �0'vd 33 49 10 EA 10 y��j'j.�� SI �� o� 33 49 1❑ EA 4,�H�� ?j� �J'�''�= 33 A9 41 �A 2��'+d��D. AD (. 4�� 4v 33 49 �41 �,A 9� j9�. d� G�� /4$�4 c7 33 49 +�1 EA 1 I� ,�1.OGf s��E�d�vD 33 05 afl LF 3587 Q i� �y�� Cantractar x�rees tu compiete �! 4RK far FIRAL AC'CFPTANCF. wiihin CpNTlL4CT cnmmences to run as pro�ided in the General Cnndilions �rs r or Foxr wr�te'rfi SiAIvDARO CONSTRUCTIDN SPF:CiFfCAT[p1ti DOClf;l7EfwT5 • i7£G ELi1YFR AR'.4Kf7L•[7 I'ROIE(:1'S Furm l'ersion Septem6er ti. 2h15 'EM�NTS +� . p wprFring days afl[er tLe date when the p0 42 d3_$id Proyosal_DAP 00 45 11 - 1 BIDDERS PREQUALIFICATIONS Page 1 of 3 CITY OF FORT WORTH ELIZABETH CREEK PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 SECTION 00 45 11 1 BIDDERS PREQUALIFICATIONS 2 3 1. Summary. All contractors are required to be prequalified by the City prior to submitting 4 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 5 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 6 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 7 Prequalification Application in accordance with the requirements below. 8 9 The prequalification process will establish a bid limit based on a technical evaluation and 10 financial analysis of the contractor. The information must be submitted seven (7) days prior 11 to the date of the opening of bids. For example, a contractor wishing to submit bids on 12 projects to be opened on the 7th of April must file the information by the 31st day of March 13 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder’s 14 Prequalification Application, the following must accompany the submission. 15 a. A complete set of audited or reviewed financial statements. 16 (1) Classified Balance Sheet 17 (2) Income Statement 18 (3) Statement of Cash Flows 19 (4) Statement of Retained Earnings 20 (5) Notes to the Financial Statements, if any 21 b. A certified copy of the firm’s organizational documents (Corporate Charter, Articles 22 of Incorporation, Articles of Organization, Certificate of Formation, LLC 23 Regulations, Certificate of Limited Partnership Agreement). 24 c. A completed Bidder Prequalification Application. 25 (1) The firm’s Texas Taxpayer Identification Number as issued by the Texas 26 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 27 number visit the Texas Comptroller of Public Accounts online at the 28 following web address www.window.state.tx.us/taxpermit/ and fill out the 29 application to apply for your Texas tax ID. 30 (2) The firm’s e-mail address and fax number. 31 (3) The firm’s DUNS number as issued by Dun & Bradstreet. This number 32 is used by the City for required reporting on Federal Aid projects. The DUNS 33 number may be obtained at www.dnb.com. 34 d. Resumes reflecting the construction experience of the principles of the firm for firms 35 submitting their initial prequalification. These resumes should include the size and 36 scope of the work performed. 37 e. Other information as requested by the City. 38 39 2. Prequalification Requirements 40 a. Financial Statements. Financial statement submission must be provided in 41 accordance with the following: 42 (1) The City requires that the original Financial Statement or a certified copy 43 be submitted for consideration. 44 00 45 11 - 2 BIDDERS PREQUALIFICATIONS Page 2 of 3 CITY OF FORT WORTH ELIZABETH CREEK PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 (2) To be satisfactory, the financial statements must be audited or reviewed 1 by an independent, certified public accounting firm registered and in 2 good standing in any state. Current Texas statues also require that 3 accounting firms performing audits or reviews on business entities within 4 the State of Texas be properly licensed or registered with the Texas State 5 Board of Public Accountancy. 6 (3) The accounting firm should state in the audit report or review whether 7 the contractor is an individual, corporation, or limited liability company. 8 (4) Financial Statements must be presented in U.S. dollars at the current rate 9 of exchange of the Balance Sheet date. 10 (5) The City will not recognize any certified public accountant as 11 independent who is not, in fact, independent. 12 (6) The accountant’s opinion on the financial statements of the contracting 13 company should state that the audit or review has been conducted in 14 accordance with auditing standards generally accepted in the United 15 States of America. This must be stated in the accounting firm’s opinion. 16 It should: (1) express an unqualified opinion, or (2) express a qualified 17 opinion on the statements taken as a whole. 18 (7) The City reserves the right to require a new statement at any time. 19 (8) The financial statement must be prepared as of the last day of any month, 20 not more than one year old and must be on file with the City 16 months 21 thereafter, in accordance with Paragraph 1. 22 (9) The City will determine a contractor’s bidding capacity for the purposes 23 of awarding contracts. Bidding capacity is determined by multiplying the 24 positive net working capital (working capital = current assets – current 25 liabilities) by a factor of 10. Only those statements reflecting a positive 26 net working capital position will be considered satisfactory for 27 prequalification purposes. 28 (10) In the case that a bidding date falls within the time a new financial 29 statement is being prepared, the previous statement shall be updated with 30 proper verification. 31 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 32 submitted along with audited or reviewed financial statements by firms wishing to be 33 eligible to bid on all classes of construction and maintenance projects. Incomplete 34 Applications will be rejected. 35 (1) In those schedules where there is nothing to report, the notation of 36 “None” or “N/A” should be inserted. 37 (2) A minimum of five (5) references of related work must be provided. 38 (3) Submission of an equipment schedule which indicates equipment under 39 the control of the Contractor and which is related to the type of work for 40 which the Contactor is seeking prequalification. The schedule must 41 include the manufacturer, model and general common description of 42 each piece of equipment. Abbreviations or means of describing 43 equipment other than provided above will not be accepted. 44 45 3. Eligibility to Bid 46 a. The City shall be the sole judge as to a contractor’s prequalification. 47 b. The City may reject, suspend, or modify any prequalification for failure by the 48 contractor to demonstrate acceptable financial ability or performance. 49 c. The City will issue a letter as to the status of the prequalification approval. 50 00 45 11 - 3 BIDDERS PREQUALIFICATIONS Page 3 of 3 CITY OF FORT WORTH ELIZABETH CREEK PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid 1 the prequalified work types until the expiration date stated in the letter. 2 3 4 5 6 7 END OF SECTION 8 9 ao as i z E7AP YRI:QL]ALIf ICATION 5'I'AZ'E�liGNT Page 1 oF I SECTiON OU 45 12 DAP -- PT�EQUALTf�ICA�F'IC)N STATEMENT Ea�li Bidder is required to co��ipleCe the i��fQrmatian helow hy ide�itifying the p��equalified cos�tractors andlar s�2bcnnt��actars whoiT� khey inte��d tn utilize fn�• the major wnri� type(s} listed. �n the "Major Warlc Type" k�ox ��ro�icie tl�c complcte snajor wark ty�� a�zd actual des�riptian as pravided �y the Water Department Cor wacer and sewer aud 'I'PW %r pa�in . Major Wo�•k Type ContractorlSub�ontractor CampaE3y Nanie Prequalification Ex iration Date Wasiewafer Mains (24" and undera p�� nstruction, Ir1C. �4/3Q12�21 for New Ue�elopmeni using open cu1 Water Mains �48" and underJ PCI Cot�Struction, I��. 0413D12�21 tar New D�.�elopment using open cut The undersigned l�ereby �ec�tifies tiiat the Gantra�tars a��dlor sub�o�ltractoc•s described in the table a�a�e are Guc�rent�y prcqualified far thc work types [isted. EIDDCR: PCI �onstructian, inc. P.�. Bax 2967 McKinney, TX 75070 13Y: K �in Gerstenkorn Y (Sigriature} TITi.�E: Exe�utive V.P. af �p�rations ❑ATE: I�J I� r „ !� d`�� FND �F S.F..CTION CITY OF F�RT WORFH STANppRo CC]NSTRI]CTION PFtEQ,UALIKICpTIpN STATFMFNT — oEV�LOPF.R AWAR[]EO PRQIECTS 6a45 12_Prequaiiflcatlon Statement 2015_OAP Farm Verslon Septemter 1, 2015 004526-1 C�fVTRACT4R C�MPLIANC£ WITH WORKER'S CdMPf.fVSATIOfV LAW Page 1 of 3 i srcTiorr ao as �� 2 CONTRACTO�t C�MPLIANC� W[TE-1 WC7it[C�.R'S C�MP�NSATIQN LAW 3 Pursuant to Texas Labor Code Section 40b.096(a}, as ameitded, �nntra�toi� cer�ifies tlzat it 4 pro�ides worker's compensation insut'ancc c��erage fos� all of� its employees empIoyed on City 5 Pi•oject No. 1 � F 910. Cnnt��actor ft�rther cei•tiFies that, }3ursuant tQ Texas Labaz' ��ode, Section b 406.096(b), as a�itended, it will pro�ide t� City its subcontractnr's certificates af comj�liaT�ce «+ith 7 worlter's compensation ca�vera�e. � 9 CONT1tACT�R: l4 11 PCI Construction, Inc. By: K��in Gerstenkorn 12 13 14 15 1G 17 18 19 2fl 2l 22 23 24 �5 2G 27 28 29 30 3] 32 33 3� 3S 35 37 38 Company P.U. 6ox 29G7 Add ress 'lease Prini) � 5ignature: McKinney, T?C 75470 "1'itle: Executive V.P. af 0 eration5 CitylStatel�i� (Please Print} THL? STATE nF 1'�XAS CUL1N'l'Y OF TARRANT § � BEFaRE MF, t�1c unde��signed a�thority, on tl�is day personally appeared f S� fl � N ��1�1�+21J , known io me to be the person whQse name is subsct'il�ed to the foregoing instrumc�F, and acknowledger� to �ne tl�at helshe executed the same as the a�t and deed nf �Gi GDNST��.tGTivnl , r N G. for the pur�oses and consideration therein expressed and in tlze capacity tl�erein stated. G VFN L1N�ER MY HAND AND SEAL C)F DFFIC� this 1� f L� day of ��i��J�}�-- , 2�7� ��' FJ BREE MITCHELL � �� Notary k4 #11239a4875 Natary F ublic in aitd for the State of Texas ,.�� My Commisszon Expires Septerribcr 2G, 2U23 ENU O� SECTIUN CITY {7F FaRT WOA7H STAIVDARL7 C:dNS'l�RL1C'f1pN SPEC[F[CATIUI�! I}OCUMF..NTS Reviscd April 2, 2�1� Eli•r_abeth Creek Phase � Ciry Project iVo. 19228A aosz�+3- � []eveloper Awarded Prajc�t Agreemenl Page I of 4 1 S�C'1 IUIv U4 52 43 2 AC�EtE�.MEN1' 3 THIS AGREEM�NT, authorized on �!' ��`�— � Q is made �y and between the �]cveloper, 4 PulteGroup, I��., auil�o��i�ed tn dn business in Texas ("I]e�elo�yer") , and PCI Construction, Inc. 5 �Contractar�, huthori�ed to do business in 'I'exas, acting Uy and tlirough its duIy authariaed � c�epr�esenFati�e, {"CQntractor"). 7 I]evelopet' and Contra�tor, in cansidet-atian �f the mutual �n�enants hei�einafter set forth, agrec as 8 f'ollows: 9 Article 1. WDIiI� l0 11 !2 13 14 17 16 Cantractar shal! coni�lete all Work as specified or indicatcd ii7 tt�e Co��tract Do�tuttents for the Praject identiCed hez'oin. Aj'ticle 2. PHClJEC1' The project for wllich tl�e Wark unde�� the Car�traci Documencs may be the wY�ole or only a pacrt is generally descriUed as fallaws: EI,XIA]3FTkI CR�CK PHASE 2 City Pro3ect No. 10228�1 17 Artic�e 3. C[INTHAC'1' TIME � 19 20 3.1 Tiiiie is of the essence. All lime limits for Milestanes, if any, and Final Acceptance as stated in the Cont�'act ❑ocurnents are of lf�e esse��ce to this Contract. 21 3.2 Fii�al R�ceptan�e. 22 The Waric will he complete foz� Fina3 A�ceptance within {�wor� lcin�, days after the 23 date when ti�e Cantract Time cnmmences to r�in as pro�id�r� in Paragra�h 12A4 of tl;e 24 Standard City Co�iditians of tlte Canstruction �onteact for Developet' Awarded Proje�ts. 25 3.3 I,iquidated damages 2� 27 28 29 30 33 32 33 34 35 36 Contractor recagni��s tf�at tiine is of the essence af' this Agree�nent and tliat Developet' will suffer financial �oss if the Work is not com�leted witl�in thc tin�es specified in Pat•agrapf� 3.2 abo�e, plus a�ty extensioai thez•eaf allowed in accordan�e witk� Ai�ticle ] 0 of the Standard C:ity Cnnditions of tlle ConstructiQtl Co�it��act fo�� Developer Awa�•ded Pr��ects. The Contractor also recngniaes ti�e delays, ex�3ci�se and difficulti�s ic�volved in ��ro�ing in a lega� praceeding thc actual Inss suffered by the Dc�eloper if the Work is not completed ❑n time. Accardi�igly, ir�sCead ❑f t'equiring any such proof, Cant�•actor agrees that as liquidated damages foi� de�ay (but not as a�Senalty), Contrac[or shall �ay IJe�eIo�er Dne Ti�ousa��d Dollars t$1,000.00} for ea�i1 day tiiat expires after tl�e ti�iie speci�cd in Paragrapli 3.2 for Final Acc�ptance i�nti! tl�e City issues the rinal Letter of Ac�eptance. C['fY dF FqRT WORTH Elixahetli Creek P}�ase 2 STAN�ARD CaNSTRLICTIDN SPEL IFICA"fION DQCl1MENT5 W DEVELOPL;R Al�'ARI7EL7 PROIECTS City Project No. Ifl2284 Re�ised June l6, 2a16 005243-2 Developer Awardcd Projeet Agreement f'a�a 2 �f R 37 Arficle 4. C[7NTRACT 1'ItICE 38 Developer a�rces to pay Contractor fos� perFo��mance aFthe Wnrlt in acco:�dance witi� ilie Cantract 39 Documents an amount in cu��rent Fuiads of ❑ne millian se�en }�undred ninety Uallars 40 ($ 1,790,673.60 -----------). thausand six hundred se�enty three & 6a11DD ❑allars. 4l Articic 5. CONTRACT D(3CUMENTS 42 S.l CONTENTS: 43 4q 45 4f A7 48 qy SQ 51 52 53 54 55 5G 57 58 59 bfl 51 t2 G3 54 65 GG 67 68 G4 �o 71 72 73 7� A. 'l'he Coiitract Documezits wI�ich comp��ise the eiitire agreemeilt betwcen ❑e�elo�er a�id Contractar cnn�erning the Work coitsist af tl�e fof Iowing: l. This Agreement. 2. 1lttachmeFzts ta this A�reement; a. E3id �'n��m (As pravided by T]e�e3o�er} 1} Pro�osal Form (T]Al' Versian) 2) P��equalification Statcn7ent 3) State and Federal doctiments {projecl.r�ecifrc} b. Insurance AC(]R❑ Forrn(s) c. Paymeni Bond (17AP Version} d. 1'erfor�nance Bond (i]AP Vcrsinn) e. Mainte��ance I3oi1d (DAP Version} f. Power o[' Attorney foc� tlie Bonds g. Worker's Camper�satiori Af�da�it h, MB�, andlor SSE Commitnlent Form (1f required} 3. Standard City Gencral Conditians of the Co��structian Contract for �e�eloper Awaz�ded Prajects. �4, Sup�leu�entai�y Conditions. 5. Specificatini7s specifically n�ade a part af the Cnntract Uacuinents by at[a�hntent oi�, if nol attachcd, as in�orparated by reFei�ence and descr�ihed in the Ta61e ❑F Contents of tl�e PrQject's Contract Uocuments. G. Drawings. 7. Addenda. 8. Documezitatioil subn�itted hy Contractor pz�iar ta Notice af Awaz'd, 9. The following which may be deli�ercd or issued after ihe Effecti�e Date of t}�e Agreement and, if issued, become an izt�ar�ot'atcd pa�-t af the �ontra�t �ocumei�ts: a. Notice to Proceed. b. I=ield Ordei�s. c. Change C)rders. d. Leiter af rinal �1c�eptance. CITY OF FORT WflI{TH Elixabeth Crcck Phase � STANDARD C:ONS I fiUC l I�N SPFCfFICATION DOCUMP.N"['S — DEVELQPER AWAR�ED PRO]ECTS Ciry Praject No. 162284 Re�iscd J �ine l b, 20 ] 6 0052�13-3 ac�eloper A�varded Project Agreeme�it Pagc 3 of 4 75 Ai�ticle 6. INT]EMNIFICA'1'TON 75 77 78 79 $(] 81 82 $3 84 85 86 &7 88 89 90 9I 92 93 94 95 9fi 6.1 Cnutractoa- co�enants and ag�•ecs ta inde�r►itify, hnld IiarinIcss aa�d deFend, at its own expense, tiie eify, its of�cers, servants and c�nployees, 1'rnm and a�ainst aRty and all claims arising nut ❑f, nr xllegcd to ak•ise nut nf, the worlt and services to he perfor-med I�y tlic coni�'aefar, its of�cers, �ger�ts, ent�iayees, suUcantractoi:s, licenses or in�itees �tider tliis co�itraGk. This indenuiitication ro�isian is s�ecifical! i�ikettded to o ei•ate at�d be e#'fecti�c c�en if it is aIIe ed n�• r��e�� ttiat all o�• sa�ne of tlie dam.i es bein sou lxt wea'e caused in wtfole or rn ar'l h an a�t ❑missian oa' ne li ence of the cit . This indemnity provisiAn is intended to i�clude, withnut limitation, i��demnity for �nsta, ezpenses aiid legal fees ira�u�'red hy ttfe city in c�efending against such clain�s and causes ❑f ac#io�is. 6.2 Contractn�� co�enants xnd a�rees tn indemi�ify and ltald harmless, at its awn expense, t�ic city, ifs n#'f�eers, seivants and eniployees, frn�n and against any and all Inss, da�r►age ai� dcstructio�t of pi'operty nf t}ie city, arisi�zg out of, or allegcd to arise out nf', thc �vorlt and ser�ices to be ISer'1'or'med hy tli� co�it�-aetar', its nfficer�, agcnts, eniplayees, sui��an#►•actors, liccnsces or in�ifees usfder tlzis cantract. Ttiis i��dem�ii��ation �ro�isiatt is s�ecificall i�itcnded to o�erate and 6e �ffeefi�re e�eiti if it is alle cci or pro�e�� tliat all ��- sai�te �T ilie damages bci�i� sou�hl were caused, iii wtxole ox' in �art, ily anV act, omission oi� ne�li�en�e of'the c_ity. ArticIe 7. MISCE�.�I.ANE()US �}� �.1 T'Bi'[115. 98 Ternis used in this Agreement are de�ncd in 1Lrticle l of the 5tandard City Conditions af 99 the Canstru�tioil Cnntract for De�eloper Awarded Projects. I OD 7.2 Assig�iment of Conti�a�t. l0i This Agreement, including all nf the Cont��act Documents may not be assigiled by the l�2 Contractor without the ad�an�ed express written conse�zt of the De�eiope�'. l fl3 7.3 Successars and Assigns. 10�4 i7eveloper a�id C�nit'a�tor eacli f�inds itself, its partners, successoi�s, assigns and legal ld5 representatives to the other parry hereta, in respect to all co�enants, agreements and 106 obligations �ontained in the Contract Docume�ts. l07 7.4 Se�erability. 10� Any pro�isinn or part of the Contc•act Uacu��ients k�elci to Ue unco�►stitutional, vaid or � 09 ur�enforceabie by a cau��t of campetent .�urisdictian shall be deen�ed stricl�en, and all ] ID ��einaini�ig pro�isians shali continue to I�e valid and binding upan DFVELC7P�R and 11I C�NTRAC�'�R. l 12 7.5 Govet'a�ing L.aw and Venue. l 13 Tl�is A�reemcnt, includin� all 04' tlae Contract Uocumer�ts is pet'farinahle in the 5tate aF l l4 Texas. Veniie sliail t�e Tar�'ant C;ounty, "['exas, or thc United States Distri�t Court far the i I 5 Northern Distr'i�t of Texas, Fc�ri Waz'tl� Di�ision. CI'[ Y DF �QRT WC3RTH I:Ii�aUefh Creek Pltase 2 51�Af�I�ARD CONS'I'RUCl'I�N SPECIFICATIOIV DOCUMEN'I'S— DEVEC.pPER AWAR�E� PHUJfiC'!'S City PrajectiVo. {02?84 Revised Jui3c IG, 2U 16 oosza3-a Dcvclnper A�varded Frojcct A�recme3�t Page 4 of 4 11G ] 17 7.G Authority to Sign. 118 Cantcactot• shall attach e�idence of autk�ority ta sigi� Agree�tlent, if other than duly 119 120 12I 122 123 124 125 a��tl�nrized signatnry of tise Contracto�•. IN WI`I`NESS WI-1EREOI', Deve[aper and Cont�•actor liave executed tlfis Agreeme«t in muftiple counterpa:•ts. This Agreement is effective as of the last date signed i�y the Parties {"EfFective Date"). Contractor: •i •■ ■ C ��, Kevin Gerstenkorn (Printed Name) Title: Executiv� V.P. of Operations PC[ Construcfiion, Inc. Compa��y Nacne: P. . B x 2967 Address: � McKinr�ev, TX 75070 City/StatelZi�: Deve[o�er: P�3 �� i�L� �7' /!?-l'�� G„%� �y: {Signatu�•e) l �/`?' ,r.r��(r- ��t /r � (Printed Name} T'i#le: Pu[teG�•oup, lnc. Can�pany Nan��: 91 i 1 Cypress Waters, Suite i00 Address: Co��aell, TeYas 75� 19 CitylStatelZi}�: ��-� /� ��/�� Date DaYe 126 CITY OF rORT WORTI-I Clizal�eth Cree4: Phase 2 STANDAitD CONSTRUCTIO?� SPECiC1CAT[ON DOCUMGNTS-- DEVG[.OPER AWARDE� PROJLCTS Cily ProjcctNa. 1022&A Rcviscd lime IG,20[G fldG2i3-I I'GRFUIiMANCf? L3i]NU I'age I nf2 � 2 3 r� 5 6 7 8 J �0 ll ]2 l3 i� i5 �{ 17 �8 19 20 21 22 23 24 25 2G 27 TH� STAT� Ol{ •x�rxAs CC3UNTY OI' TARRA.NT sLc�i'IOIV Uli 6Z 13 Pl?RC'(7RM�INCE 8C]N❑ 8ond # 2311577 § § I{1VOW ALL 13Y �rrrrsr �R�scN�rs: § That we, PCI Canstruction, Inc. , Ic��awn as "Principal" l�erein and North American Speciaity Insurance Campany , a cnrparate stirety(siireties, if iiio��c t�iai; a�te} diFly atitl�oriaed to do �i�si�iess i�i tlie State af Texas, foiawn as "Sui'ety" l�ereifi {wl�etlzer a�ic: or nioi�e), are held and fi�'�nly bouisd �into the �e�eloper, P�ilteGrauu, Inc., aiithori7ed to d❑ h�isiness ii� Texas ("�e�elo�er") and the City of Fort Worth, a Texas �nunicip�l �arparatio�� ("City"}, in t�ie penal sum aC, One Million Se�e� Hundred Ninet Thousand Six �lundred Se�enty-Three & E0110� {$ 1,790,673.60 ), Ia�vF�iI money oftlte LJniicd 5tates, to Ue paid in T'nrl W�rlh, Tarraiit County, 'l'exas fnr the p�yment oFwl�ich su�n w�ll �nd truly to �e �nade joii�tly unto tlie Z]eveloF3e�' and the City as dual oUli�ees, we l�ind ourselves, nifi• heirs, executars, administratai�s, successors ai�d assigns, ��ititly �nci se�ei•�lIy, firmly by these ��resents. WHEREAS, De�elnper and City ha�e entered int❑ an �Lgreement far the construction of camiz�iir�ity facilities in the City of Fort Warth l�y ai�d thraugh a Community Facilities Agreement, Cr11 Number i 9-ODq4; anr] WH�1��:AS, tl�e 1'ri�ici�al has esitei�ed into a certaitt writteii coi�tracL witli tiie De�eloper awardod thc 14th day of October , 20 �� , whicl� Gantra�t is here�y referred to and inacie a part 13ereoi Far ail purposes as if fully set forth lyerein, to finnish all materials, equipment laUar an� atl�er accessaries defF��ed Uy law, in the prosecution oit[ie Worlc, incliiding any Cl�ange O��ders, as providecl I'ar it� said Conf��act desig�iated as Ufili a��d 1'avin Iui �ro�ements fo Serve Eli�al�eth Creck Phsse 2. 1►[OW, TI��R�I'�R�, the conditi�n af tl�is obli�ation is such that if the sairl Principal 28 shall Caithfully perfoi�ii� it obligatians u��dcr tl3e Contract aitd shall in al� res�ects duly and 29 faithf�tlly perform tiie Wot•k, including Change Orde��s, i�nder #he Coniract, ac�oi�di��g io the plans, 3� speci�ications, and contract documents tliercin referred to, and �s wcll durii�g any period of 31 extesision of the Coi�iract fl�at may be g��anted o�i the Eaart of the De�ela�er andlor Cify, kIien this 32 a6ligatian s}i�ll k�e and be�ame null and �nid, otherwise to rcinain in full force and effect. 33 3�i PROV[U�D TUIi.THi�'.I�, tlZat iF�ny legal acFion Ue filcd on this Sond, �enuc slz�ll lie in Tari'ant Cotii�ty,'1'exas ar the U�iiled 5#ates ❑istrict Coiirt #'or tl�e Northern Distri�t ofTexas, Fort 35 Worth F7ivision. Ci'PY Of P[3R'I' WC7Et'f[i I;Ii�abelli C:rcck Pfrasc 2 5'I'ANDRRD CiTY C�NQITIONS — DCV �LUP�R AWARDED PI�p1GC€'S Ci[y Projcs[ iVo. 13C7C}C}C Rcvised January 31, 2012 UOG213-2 rr�rortmnr�cL eor�n E�.�� a. ora I Tliis band is made and exeGuted in c:c�i�ipliance willt the �rn�isions oFChapter 2253 of tlic 2 Texas Ga�crnment Cocic, as amended, aud �ll lia�iliiies an tliis Unnd sh�ll i�e deter��inetl in 3 �ccorc[ance with the pra�isions of said statue. �I IN WITNGSS WIILREai', tlze Prin�ipaf a�id tl�e Sin�e[y ha�c SIGNL:D aFid SEAI�CD 5 ll�is ii�strument �y cl�ily ei�tlhori�ed ag�nts ai�d ofiicers on this tl�e 15th day af G �ctaber , 2Q 2� , 7 8 9 l� ll i2 l3 t� is 1G i7 18 l9 2q �l 22 23 2� 25 2b Z7 28 29 34 31 32 33 3� 3S 36 3'1 38 39 40 41 42 43 44 45 4G �7 ATT 5T: �� . � � 7 [Prin�ipal} 5ecretar U� Witness as to Fi�iiicipal Witi�ess as ta 5i 'ety � PRINCIPAL: PCI Construction, Inc. - �� I3Y: Signat�n�e ��tG M. L�Ni��1el'a-u,p �F ri�IPt�C� Nam� and Title Add;�ess: 405 Interchan e St. McKinney, 7X 75071 S�]RETY: Narth American Specia4ry Insurance Company I3Y.� r r ` Sigi�ature _ �ehra Lee Moon, Attarnev-in-Fact N�me ai�d "1'i�le Address: 1200 Main St #8D� Kansas City, M� 641 fl5 _ Tele�317oi1e Numbei : (913] 6i6-5��0_ *Note; [f signed �y an ofiicer of the Surety Compai�y, tl3ere musl Uc on fiie a �ertified extract from 1�3C by-laws showii��; that tliis �ei�son �ias autlio��ity to sign suc�� obiigatia�t. If S�n�ely's E�lzysical add��ess is diFFerent fron� its mailing addr�ss, �nlh uiust i�e pro�ided. The date oFthe bo3�d shall not i�e prior fo the date thc Contract is awarded. CI'I"Y O� �DIZT WDR"f[� Lli�a�etli [:rcck Piiase 2 STANC]ARa CI'I'Y CONDtT[DNS — D�V GLC]1'Ci[t AWARDE� PR�IfiCl'S City E'rvjecl No. 3Ca}C}CJ: Rcvised ]amkary 3 f , 2012 60 G2 14 - I PAYM3'sf4'I' E3[)NI] I'agc I oF2 1 Sl�[:'I'IUN {10 fi2 1�4 2 P1IYMLN'f' L3UN[7 3 Bond # 231 '1577 4 `l'H� S'I'A,7'� Cll{ '1'l'��7CAS § 5 § KIVC)W A1.,la i3Y TII�S� PR�S�NTS: G COUIVTY �I' TARRANT § 7 8 That we PCl Canstructian, Inc. , Ic�iowi7 as "Principzl" Iierein, and 9 North American Specialty Insuran�e Company , a coF��orate surety ( nz• 1 � st�reEies if mos�e tl�an one), duIy aiitiiariaed to do busi�iess in ti�e Slate �f Texas, latowii �as lI "5urety" herein (wl�et[ier one ❑r uiore}, are held anrl firmly �oui�d unto the Developer, 12 PiilteGraup, ]nc,, autiiorized to do busiuess in Texas "{De�eloper"), a��d tiic City of Foi�t Wortli, ] 3 a Tex�s 3l1LII7lClp8l coi�poration ["City"), in the penal stim of 14 ❑ - ($1 79a fi73.60 }, l5 lawfui mot�ey n1' lhe tJni[cd Slatcs, ta �e paid i�} Port Wort�i, Ta�'rant Cou�ity, Texas, foi� lhe l G p�yment ❑f' which sum well and truly be made joi��tly �intn the �e�eloper and ti�e City as dual � 7 obligees, we Uiiid atu'sel�es, o�n• heirs, executo;�s, administr�tors, su�cessors and assigns, jvii�tly l S and se�eraily, iirmly by tliese prese�tts: • l9 WH�RI�AS, C]e�elapc�� and City Iza�e entei�ed into zn A�;reemccit for the constru�tio�i of 2U �o��7mtutity fa�ilitics iii tlie City of Fort Worth, by aFid tl�raugli a Commi�nily racifities 21 Ag3•eeineiit, CrA Ni�mber 19-D�Q4; a�1d 22 WIIERCAS, Princi�a! [�as entered inta a certain written Coniract with De�eloper, 23 awarderi the 14th day of Octo�7er , 2p 2� , whioh Cont��act is hes�eUy 2� reFerred tn ancl n�ade a parl hereof for all pu�'poses as if f�sliy set foi-th herein, lo [in•nish ail 25 materials, eqiiipn�eiit, IaUor a��d ather accessories as defiiled by law, in the prosec�ition of tlze 26 Wo��k as ��ravided Far in said Cantract and desigi�ated as U[ifity and �a�iiig Im}}ro�eme�Zts to 27 5erve Elizat�eth Creek Phase 2. 28 IV�W, THCRGFaR�, TH� CONUIT[�N OF THIS OBLIGA'I'i�N is SLICII tlz�l if 29 Pri��cipal siiall gay all mot�ies owing to any {and all} payinent bon�� t�eneficiary [as clefiited in 3� Chapter 2Z53 of tl7e T�xas Go�ernmezit Code, as ame�ided} i�� tl�e proseciitioii of tlie Wai�k tinde;r 31 the Contract, thei} tl�is obligafian shall �e and become riull and �oid; otherwise ta reinain in fiill 32 Force and �ffect. 33 `I'fiis Uoaid is zttade and cxccuted in complian�e with the pravisians of Chapter 2�53 of the 3�} 'I'exas Go�er�iment Code, as amended, and all liahiliti�s ❑n t�iis 4�ond shall be deFermii�ed in 35 accardance with the prn�isions ofsaici statute. CiTY aF F[}R7 WOft71t �iizahe[h Creek PhasP � SiANQARR GTY CONQITldNS — C]EVCLflPER AWAR�ED PR[3JECT5 City Project Na. ]f7f7[x7f7L Revised January 31, 2012 1 2 3 � aa sz i � - a PAYi�fEh!"I-13[)h!U Page 2 nf 2 lIH WITIV�SS WIT�it�OT', the Principal and 5urety ha�e each SIGNE:C) �ind S1:AI,E❑ tl�is instri�menl Uy �iuly autl�ori�ed agents anc! nificcrs on this the 15th day af Dctaber , 2d 2� ARINCIP�tL: PCI Canstruction, Inc. A'I"TLST: B Y: � � • ,-� n Signature tPri�icipal) S �J V � �"� Wifness as ta P��incipal � �� l• LirvP,��V.�? p� �[�+�� Name aFid Title Address: 405 I�}erCtl�dge 5t. McKinney, T3C 75Di1 5 URCTY: North American Specialty insurance Gompany 11TTEST: BY: [� ' �� Signature 5 b 7 S 9 la ll 12 {Surety e�retlry .� � Wit�tess as to S •ety Qebra Lee Moan, Aftorney-in-�act Name and 'l'itle AdrJress: �{�p� M�in.St�_#8a�. Kansas Citv�. 11110 64105 I'e!e}�I�onc Ntiimber: (913) 676-5200 Note: [F signed by an afficer of t��e S�irety, ti;ere roust be on fife a cez�fified extra�t from the by�aws sl�owing th�t tliis �3ersoi� has auti�a3'ity ln sig�z si�cli a6Iigatiori. [f Surety's ��liysical acidi'ess is different frc�m its �naiiing address, k�oth m�ist he pravided, The date of the bond siiall not he priar tn lhc date the Contract is awa��ded. T;N1) QT S�CTIDN CITY OF FORT WpftTFi STAN�AR� CIFY CONo17lANS — dEVELOpER AWARaC� PROlEC75 Revised iar�vary 31, zviz Elfza6etlt Creek Pliase 2 Ci[y Praject Nv. 7(X7f][]flf ao sx <<� - � Iv3AIN'I'G�]AMCG [3dNQ I�agc 1 nl'3 1 2 3 �� 5 G 7 TH� STATI� O1� `1'�xAS CO�C11�[TY DI' TARRANT S�CTIUi�i [lU G2 �9 MA1N'T'ENANCE B�N� 6ond # 2311578 § § ICIVUW ALL BY TH�S� PR.C',S�:NTS: § 8 Tha� ��c___ PCl Canstructivn, Inc. _ , I�nown as "P��incipal" he�•ein and 9 North Ameri�an Spe�ial Insurance Company , a cor�orate sii�•eiy (st�rclics, if u�ore t�ian i� one} duly aitlh�ri�ed to do Uusitiess in tii� 5t�tc of Texas, l�nawn as "S«i�ety" herei�� {w�iether one l] �r ct�ore), are heId and Crinly 6otsnd u�ito tiie �e�eloper, PtiiiteGi�ou}�, I��c„ authorized to do 12 biisiziess in 'I'exas (`[7e�eloper"} ai�d �iie �ity of rarl Worth, a Texas municipal cc�i•��nr�tio�i 13 ("Cily"), in tlie siF�i� of One Million Seven Hundred Ninety Thnusand Six Hundred 14 Seventy-Three & 6fl110D (�; i,i9�,673.fi� ), IawFu3 inoney of the Lli�iletl 15 5tates, ta be paid ii� Fort Worth, Tarr�nt Counly, T�x�s, for payment of whic3� s�nn well and tru�y i 6 Ue madc_jointly unto the De�elo�3er and the C'ity as cival ❑bligees azid ihcir s��c�essors, we bind 17 otn�sel�es, ❑«�� l�eirs, execi�tOrs, adn�ii�islrators, suc�essors and assigns, jointly a��d se�ei•ally, ] 8 �irm�y hy thesc pres�cits. 19 V►�H�RCAS, De�eIo�er anci City �tave enlcred i��to an Agreement for ihe �anstructiQn ❑f 20 �omi��unity Facililie5 in the City oP Fort Wartii by and tlu'ough a Cammu��ity Pacilities 21 llgc�eemeut, C1=A Nu�nber i9-QflQd; �nd 22 WH�RCAS, tEie Pri�i�ip�l lias e�itered iFita a certain wrilfe�� co�itract with tlie Ue�eioper 23 awarded the 1�lth cfay of actoher , 2q 2� , which Co�ttract is 24 liere�y refer�'ed to and a made part hereof fo�� afl pur��oses as if I'ully set forlh herein, to furnish all 25 materials, equipment labor anti other accessaries as d�fined hy law, in the prosec«iion af the 2C Wark, including any WQrlc resulting fram a duly authorized Chai�ge L7rder (collec[ively h�rcin, 27 the "Worl�") as pro�icled fQr ii� saicl CnniracL anc� desigizated as Uti�ity and Pa�in� I�nprovements 28 to Serve �lizahef�i Creelc Phase 2; ai�d 2a 3 [7 31 3Z 33 34 WH�RT'.AS, Prin�ipal hiilds iiself to use st�cli materials a��d to so cons[ruct Lh� Wark iii accordance witli fhe plans, speciii�ations and Cocitract Documents #3iat the Work is and will ��em�in £ree fc�n�n defccts in �nateri�ls or� workina��sl�ip fo�' and during the periad of ttiva {2} years after the ciate of Final Acceptanee o('ti�e Wori� �y tlie City {"Maintenance 1'eriod"); and CI'fY �F F�RT W�RT}l Clixabeil� ('reck P}}asc 2 STRNUARD Ct"i'Y COND1TfON5— QEVGLdPGR AWARRF.I7 PR�1l;CTS Cily Projcc� No. 7C7ia}:}C7C Rcvised Ianuxry 3l, 2q 12 j 2 3 4 5 t 7 $ 9 1� il 12 13 1 �� 15 l6 17 18 19 20 21 22 23 24 oa�a i�-2 MAINTENANCI? F1UfVf] Pagc 2 nF 3 WHF,Ri�AS, Prin�ipai l�inds ifseFf to repair ar recnnslru�t the Worlc in whole or ir� pai�t upon recei�ii�g notice fram the De�eloper andlor t:ity of tlie need tlzei�enf al any time witliiu the Mainfeiia�ice Period. NUW TH�R�I'UR�, tl�e condition of this obligatioz� is s«clt tiiat if Principal shall remedy ai�y defecti�e Wnrlc, tnr whicli limcly notice �v�s p��ovided by I]evelo�3er or City, to a completiof3 satisfa�to�y to the City, thei� this oUli�ation shal[ hecame iztil[ and �oid; otlierwise lo rei��ai�i ii7 fiill farce �Fid ei%ct. PR�VID�D, HDW�:V�It, if Principal slyall iail so to repair or reconstriict any [imely naticed defective Work, it is agrec�i fhat the �e�eloper or City may ca�ise any and all such defecti�c Wo��k to Ue re�aired andlar reconstr�icted wikl� alI assaaiated �osts thereof Ueing I�oi'ne k�y the C'ri��cipal and tl�e S«rety �mdei� thss Maintei�a��cc Bo��d; ai�d PRI7VID�D i'UItTH�R, tki�t ifany ie�al actin�l E�c iiled o�� tliis I3and, �entie siiall lie i�i 'l'arrant Cntu�ty, Texas or the UFiited 5tafes ❑istrict Co�n�t far the Narthorn District af Texas, Faa't Woi�lh Di�isio�i; aiid PROVID�D I'URTH�R, thak this obligation shall he �ontinuous in nature aiicl s�iccessi�e reca�eries may �e had hcrcon for successi�e k�rea�hes. Cl'i'Y O� f[JItT WQR l'I l STANDA I�D Cfl'Y CON�17'I�NS —17f:V fil..[]PL'•ft AW AIL�ED f'ROlECTS Rcvisccl Jaiiuciry 3l, 2012 Gliznbelli Crcek Pliasc 2 City �'rojcct No. a.l'aaYX 00G219-3 MAIN'l"L•:NANCC [30ND I'age 3 oF3 2 3 �4 5 6 7 8 9 14 I1 l2 13 14 IS 16 17 18 14 20 21 22 z� 2� 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 �� 4-1 �2 IN WITI�I,�S WHLRLCII{, lhe Prizicipal aiid the SziE�ely ha�e each SIGNI:� �►iid SEIIL�D tF�is insh�unient l�y d�ily autliorized agc�ils and of�cers oi� this the 15th day c�f __ _ actoL�er , 2fl 2� f'RINCIt'A[.: PCI Construction, inc. _ �� 13Y: � � ELTTLS"�': , :� f.� �� (!'rinc pa ) Secretary i,r Sigi�atin'e �.�iG 11/1. I.fNA�la -1�.� D� �fNP[�� Nai��e and '1'itle �� L-^ Wilness as to Princi[�al A1'TEST: 1 � (S urety) Se�rekary �• _. � Witness as f Si�r-ety Address: 4Q5 Interchange St. M�Kinney, T3C 75fli1 �^ SURETY North American Specialty insurance Company Bv:' �� ,�- � 5ignafure _Debra Lee Moon, Attorney-in-Fact Name and TitIe Address: 12DCi Main St, #804 _ Kansas Cify, MD fi4105 Telepl�Qne Nuuiber: (913} 676-52Q4 *Note: iFsigi�ed by an o�ticer of tl�e Surety Company, tl�ere intist t�e on file a c�rti�ed extract fram the by-laws showi��g that tl�is persan l�as authority to sign siicl� obligation. lF SureEy's pi�ysical address is diFFerent fron� its n7ailing address, both i��iist Ue pro�ided, The date of the t�ond shall nat be prior to thc rlate the Contract is aw�rded. CITY [.71� I�Dit'[' W[)Et'I'li S'I'ANDAR� CITY CO�DiI'i0N5— DGVCI.UPi;lt AWAIZDGD f'ROJECTS Itevised Jaiii�aiy 31, 7.0 12 Lki�ahcth Crcek Phase 2 C'iiy �'rojccl No. a3C}C3C3C7{ SWISS RE CDRPORATL+'. SUL[JTIDNS NOR`fH AMERICAN SPECIALTY 1NSURANCF C�MPANY WASHINGT�N ]NT�'RNATI�NAI.. INSL]RANC:E COMPANY WESTPOR'1' 1N5[1RANCE C�I�PORA7'iaN GEi�I�RAL Pi3WER UH ATTORNEY KT�iOW Ai.L M�iV 6Y '1'H�:S� PRESEN'1'S, THAT Norih Ameriaan Specialty lnsur�nce Company, a corporation duly vrganir�-d and existing under laws of the 5tate aiNew Flampshire, and ha�ing iis principa[ ofiice in the L`ity ol�Kansas City, Missouri and Wasliin�;tnn lnternatianal ]nsuranoe Comp�ny a corporatiaii nrgani�ed and exisiing ii�ider thc laws of the 5tate oi'IVew Flarnps3�ire and having iss pnncipal nff ii:e in the City ni' lCansas Ciry, M'sssouri and Westpart 1T�suranr_e Cflrporation, or anizcd under the kaws aFthe State of Missnuri, and ha�'sng its principnl office in tlie C:ily af Karisas City, l�tissatsri, ea�h does hereby make constit��e and ap�nint: JOf fAI W1L1_lAM PJF..WRY, TRC]Y RiISSELL ICEY, DE€3EtA LL'L•' MODN, ANC]REA R�SE C'RAWFORll, SANi7RR LEE RflNEY, LihIDA MICHELL� S'I'ALL7LA SU'GANNL; �LV'.Ak3�'fH Ml�.11'l..WIEIJT., SHFRIE MfCEiELLG GR�EI4ULJGH, CH�i�I LYNN IRI3Y, AND 3q51 [lIA D. 7'RITT, J�INf'LY OH SF.VERALLY Its truc and lawfid Attarney(s}-in-Fact, to make, exe�ute, seal and c3eli�er, Far and on its hehalF and as its a�Y and deed, bonds ar other writings ❑l�ligxtnry in ihe nature nFa hond on hehalFnf each af said Compa��ics, as surety, on contracts ofsuretyship as are or may be required or persnitEed by la��, re�ulatinn, cantract or otherwise, pra�ided thai no bond Qr undertaking nr cc�ntract or suretys}iip executcd under this authorily shall exceed the amot�nt af: 'f'WU F111N1J1tED MII.LI�N ($2flU,0{]D,U��.UQ] L]OLLARS This Pawer of Attorncy is granted and is s'sgned hy Facsimile under and by the authvrity ni the following Resnlutinns adapted by the Boards af �irectors afNarth Ameri�an Speciaity Insurance Compai�y and Washington Intematinnal lnsuran�e Company at mcetings duly �alled and held nn March 24, 2ilpp and Westpc�rL Insurance Cnrporatiun hy writtcn consent Uf its �xecuti�e Carnmittee dated ]uly 18, 20l ]. "[��,50LVEU, that any hvn oFttie President, any 5eninr Vice Yresident, any Vice President, �ny Assistairi Vice Presidcni, tlie Secretary �3r any A�.tiistant Secretary be, and cacii or any of them herehy is authorixed to ex�cuto a Pvwer of Attorney qualifying the attorney named in Fhe gi�en Pnwer af Attorney lo e�:ecute nn hchalf of thc Campany hnnds, undertaki�zgs and all contra�ts nf'surety, and that each or any of'them hereby is autharized tn attest to the execution of' any su�l� Power af Aitorney and to attacl� tl�erein the sen! of tlze Cocnpany; and it is 1�11It'!'I-1�,IZ IZE50i.VEL7, that tlie signa#urc ol'su�h ��fficers and ihc seal oFthc C:ampany may �e af(ixed ta a�iy such Power oiAttnrney or to asiy certif cate relating tl�crctn by Faysimile, and any such {'nwer af Attornoy ar c�rciticate 6earing such facsimiic signatures or fa�simile seai sliall bc binding upon tl�e Cnmpany wlicn sv affixed and in lhe future with regard ta any hnnd, undertaking or contract of surety to whi�h it is attachcd." yy�nu�nuun�r�ry lflll!! aa0� �IONA m"� _�/ J ��4' oAPo ?�?'sG B ' '^"� t�,��D�I��C - h:'G �T-�, Y �� 8^ P Y g1P �T� ��: S�L 6` :� 51ey�en . m ersm cn ar �ce resi em o ns m so nieriiai ana nsurance Com nn `. �C■+ Z+ , n & Srn3or Vim Presidrnl of Nurlh Anirrfcan 5pecially ]nsuranre Campany ti, r7GP1L �} �� n E & Senior VicePresident oFVVneport [nsuranceCorpm•nlion � i 7� q � �� t ti'' �s6�`'`�� BY � �;h%�f��`� �}`� �' pu@' AficFinN A. ]fo, en�or cee res�Jr� [ of�V�ul�ingfon In[crnafional n� � 11AfI11111�N1ri1Tb0 �'o��rany t 3c Senior Vice Pmsiden� afPlanli A�uericanSpecinlly losnrnnrc ['vmpnny & Senior Vice Presidenl af Weslpurt lnsarxnreCorporntion 1N WITiVE55 WHEftEDF, Nnrth Amcrican 5pecialty lnsuran�e Company, Washingrtnn lnlemntional Insurance Cvmpany and Westport I�zsi�rance C'nrpc�ration have caused thcir official sealti tv he hereunto aff"ixed, and these presents to be signed hy thcir authnri�ed n�rzrs this this 12th �ay nF PL.B1Zl1AI�Y _, 2� 2D , Nnrth Amcrican Specialty lnsurancc Company Washingtun Tntcrnafional Insurancc (:�rripany 5tate ot' illinnis Wcstport lnsuranee Carpnrati�rn C��unty afCoo�t ss: an this 12th day of FEB]tUARY , Zp �� befvre me, a Notary Pu61ic persvnally a�peared Ste�en P. Anderso�� , 5enior Vice I'resident of Wasliingtors lnternatianai lnsura��ce Company and Seninr Vice €'resident ofNarth Ilmerican SFre�ialty [nsur�ue Company and Scninr Vice 1'resident Qf West�ori insurance Corporation and Micliael..n. Itv 5enie�r Viee 1'resident af Washingt�n internaLicmfll Insiirance Con�pany and Senior Vi�e President oiNarth Amcrican Spe�ialty Ir�suran�e Campany a�id Seninr Vice 1'resident of Wcsiport ]nsuran�e i;orporation, perso�tally known tn me, who being 6y mc duiy swUrn, ¢cknawledged that they signed the ahove Power o€ Attnmcy as ofiicers of and ncknowledged said instrument tU he the voluntary aot and deed o�their respe�ti�c cnm�anies. OFFIClAL SfAL M. HEN�7Y \ � �� Hnrary Puh1iC • Sl.3lr �:Illliii��i•� , MyCn7�71Pd!$021��'nLt M. Kenny, Aiotary Public i, 7eCfrey Gnldberg , the duly etected Vi�c Presidcnt and Assistant 5ecretary ofNorth Americar� Specialty lnsurance Company, Washingtvn Intern�lion�►l [nsirrance Campany and Westport lnsuranr.e Corpvratinn dn hereby ceriify that the abo�e and Fvregaing is a true and corroct copy nf � l'awer of Attorncy gi�en by said North American Specialty [nsurance Compa�3y, Wasliington Inicmational Insuran�e Company and Westpprt Insurance Corporation �vhiah is sti�l in fu!! iorce and ef�e�t. 1N W1TNE55 Wl [HILEOF, l have set ;ny t�and and affixed lhe seals oFthe Conzpanics tt�is «th day oF Dctober , Z{� Zfl :�/�ii�f.[. — Seffrcy Coldhcrg, Vice Presidriit & Assisianl Secre[aryaf Washinglan In�emo�ionnl Ins�ranceComp�iy R I'lonh Amcri�nn Spe�inlly Insurance Company l� Vice Presidcnl R Ascistant Secrctary oF Weslpon fnsurwice Corparalian Norkh Ameri�an Specialty Insurance Company Washington lnternational Insurance Company Westport Insurance Corparation TE)CA5 CLAIMS INF�RMATfdN A�VI50 IMPORTANTE In ❑rdar to ohtain in�armation or make a compiaint Y�u may conta�t Jeffrey Goldherg. Vice President — Claims at 7-8U0-338-0753 Para obtener informacivn o para sameter un queja: Puede comunicarse con Jeffrey Goldherg, Vice President — Claims, al 1-$0�-338-0753 Yvu may call Washingtor� International insurance Company and�or lVarth American 5pecialty Insurance Cnmpanyrs and�or Westport knsurance Corporativn toll-free number fvr information ar to make a camplaint at: 7 -8UU-338-U753 Yvu may atso write to Washington International Insurance Corr�pany �nd/or �Eorth Ameri�an Spe�iaity Insurance Campany and/ar Westport Insurance Cerparation at ihe following address: 12�U Main Street 5uite Sfln Kansas City. MO 647 Q5 You may contact the Texas C]epartment af Insurance to obtain information on companies, coverages, rights or complaints at: 1-SOQ-252-3439 You may write the �exas Oepartment of Insurance P.�. Bnx 1497U4 Austin,T]C 78774-9104 Fax: �57 2j 475-7 771 Web: Email: ConsumerPro#ectian@td9.state.tx.us PREMIUM �R CLA1M Dk5P�1TES: 5hould you ha�e a dispute con�erning yvur premium ar abaut a claim yau should first cantact the Washington International Insurance Company and�ar I�orth Ameri�an 5pecialty Insurance Cnmpany and�or Westport insurance Corporatian. If the dispute is nat resvE�ed, yau may contact the Texas ❑epartment of I nsura nce. ATTACH THlS NO'TfGF TO YOUR PULICY: This nvtice is for infqrmatian only and does nvt become a part or conditian af the atta�hed da�ument. Usted puede Ilamr al numero de telefono gratis de Washington Internatianal Insurance Company and�ar North American Specialty Insurance Company's and�or Westport Insurance Cvrporatinn para informacion o para svmeter una queja al: 1-8�Q-33$-d753 lJsted tambien puede es�rihir a Washington International Insurance Gvmpany and�or Nnrth American 5pecia�ty insurance Cvmpany and�or Westport Insuran�e Corpvra#ion al: � 20q Main Street Suite 8U❑ Kansas City. MO 641 U5 Puede escrihir al ❑epartmenta de 5eguras de Texas para obtener infvrmacion acerca de companias, cvberturas, derechas n quejas af: 1-80U-252-3439 Puede es�ribir al �epartmentv de 5eguros de Texas: P.Q. 6ox 14S 7 U4 Austin, T1C 78714-97 �4 Fax: �572]475-7777 Web: J��Ilwww.tdi.state,xg,�L Email: ConsumerPrvtectinn@tdi.state.tx.us aISPUTAS SaBRE PRIMAS O RECLAM05: Si tiene una disputa cancernien#e a su prima o a un recEamo, dehe �omunicarse c4n el Washington Internatianal Insurance Company and�or Nurth American Specialty lnsuran�e Company and�or Westport insurance Corpnratipn primerv. Si no se resuel�e la disputa, puede entonGes comuni�arse can el �epartmento de Seguros de iexas. UNA ESTE AVISU A SU PDLI7A �ste a�isa es solo para propvsitv de intromacion y no se con�erte en parte o �ondicion del documento adj u nta. PAVING CONTRACT FORMS 0o a i o0 DAP BID FORN[ FOR PUBLICLY BID PROJECTS ONLY Page 1 of 3 SECTION 00 41 00 DAP BID FORM FOR PRIVATELY BID PROJECTS ONLY TO: PulteGrou�, Inc. FOR: Paving Improvements City Project No.: 102284 Units/Sections: Elizabeth Creelc Pl�ase 2 Paving Improvements 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2. L In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refi•ain fi•om bidding. 2.6. Bidder has not engaged in corrupt, fi•audulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. b. "fi•audulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at CITY OF FORT WORTH STANDARD CONSTRUCTION BID fORM —DEVELOPER AWARDED PRO)ECTS 004100 Bid Form — DAP.docx form Revised April 2, 2014 36 aoai o0 DAP f3ID FORM11 FOR PllgLICLY BID PR�IECTS ONLl' I'age 3 0(3 7. Bid Submittal This Bid is submitted on 09- Respectfully submitted, : Michael S nacola i � e Name) Titl�: Vice Pi•esident Company: Mario 5inacola & 5ons Excavating, Inc. Address; 10950 Rcsearch Road Frisco, Texas 75033 State of Incorpoi•ation: Michigan Email: HJones@MarioSinacola.com Phone: 214-387-3900 by th� enkity named belotv Receipt is acknowledged of the Follo�ving Addenda: Initial Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 �ND OF SECTION CITY OF PORT WOR7H STANDARD CONSTRUCTION Bib FORM —DEVELOPER AWARDED PROJECTS 004100 Bid form—OhP.docz Porm Revised April 2, 2014 00 42 43 DAP-OIDPROPOSAL Page f of 1 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Project Item Liformation No. Description Bidder's Application Bidder's Proposal Specification ( Unit of I B�d I Unit Price Bid Value Section No. bleasure Quantity 1 3213.0101 6" Conc Pvmt 32 13 13 SY 24163 �"sti.00 �atiy,atis.00 2 3213.0103 8" Conc Pvmt 32 13 13 SY 681 $54.00 $36,774.00 3 3213.0301 4" Conc Sidewalk 32 13 20 SF 3413 �5.00 $17,065.00 4 3211.0501 6" Lime Treatment 32 11 29 SY 25855 $3.25 $84,028.75 5 3211.0503 8" Lime Treatment 32 11 29 SY 750 $3.50 $2,625.00 g 3211.04 Hydrated Lime 32 11 29 TN 479 $160.00 $76,640.00 7 3213.0501 Barcier Free Ramp, Type R-1 32 13 20 EA 8 $2,200.00 $17,600.00 g 3213.0506 Barrier Free Ramp, Type P-1 32 13 20 EA 20 $2,200.00 $44,000.00 g 9999.0002 End of Road Barricade 00 00 00 EA 3 $1,250.00 $3,750.00 10 9999.0003 Remove End of Road Barricade 00 00 00 EA 1 $300.00 $300.00 11 3291.0100 Topsoil 32 91 19 CY 1918 $4.00 $7,672.00 12 3292.0400 Sod 32 92 13 SY 42722 $0.40 $17,088.80 13 3471.0001 Tra�cControl 3471 13 EA 1 �1,000.00 $1,000.00 14 3441.4006 Install Alum Sign Ground Mount 34 41 30 EA 15 $800.00 $12,000.00 15 16 TxDOT Turn Lanes (Alternate Bid Item) �7 9999.0007 Excavation 00 00 00 CY 630 $7.00 $4,410.00 � g 9999.0008 Remove Existing Striping 00 00 00 LF 104 $2.25 $234.00 19 3441.4108 Remove Sign Panel and Post 33 41 30 EA 3 �150.00 $450.00 20 0241.0550 Remove Guardrail 02 41 13 LF 277 $10.00 $2,770.00 2� 9999.0009 Connect to Exisitng Pavement 00 00 00 LF 640 $15,00 $9,600.00 22 9999.0010 12" CRCP 00 00 00 SY 998 $60.00 $59,880.00 23 9999.0011 1-1/2" Type D ACP 00 00 00 SY 1067 $15.00 $16,005.00 24 9999.0012 Undercut Shoulder for 6" CTB 00 00 00 SY 1067 �6.00 $6,402.00. 25 9999.0013 Place CT6 00 00 00 SY 1067 $5.75 $6,135.25 Zg 9999.0014 CTB Material 00 00 00 TN 356 $58.00 $20,648.00 27 9999.0014 Emulsifier 00 00 00 SY 1067 �0.10 $106.70 Zg 9999.0016 Guardrail 00 00 00 LF 206 �40.00 $8,240.00 Zg 9999.0017 4" Thermoplastic Stripe 00 00 00 LF 568 $2.50 $1,420.00 30 9999.0018 24" Thermoplastic Stop Bar 00 00 00 LF 20 $9.00 $180.00 31 9999•0019 Thermoplastic "ONLY° 00 00 00 EA 2 �160.00 $320.00 32 9999.0020 Single Thermoplastic Arcow 00 00 00 EA 2 $150.00 $300.00 33 3471.0001 Tra�c Control 34 71 13 MO 1 $2,750.00 $2,750.00 34 . 35 36 37 38 _ 39 40 _ 41 42 43 44 �� Contractor �grees to complete �VORIC for FIN�.L ACCEPTAIVCE �vithin CONTRACT commences to rwi as provided in the General ConJitions. CITY OP F(N2T R'ORTH STANDARD CONITRUCT[ON SPfiCIPIC'ATION DCK'UIv4:N1'ti - DF;VGLOPER ANAFtDED PROIEC:T) Furm Veaion Sepiemlur 1, 2nLi � $1 ��`�: �.working dnys nfter the dnte when t 00 J2 �3_�iS ProFvsal_DAP oo�sil-1 BIDDERS PREQUALIFICATIONS Page l of 3 0 SECTION 00 45 11 Z BIDDERS PREQUALIFICATIONS 4 1. Summary. All contractors are i'equired to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 I2, Prequalifcation 6 Statement foi' the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the worlc type(s) listed must submit Section 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and ll financial analysis of the contractor. The information must be submitted seven (7) days prior 12 to the date of the opening of bids. Foi• example, a conti•actor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application, the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 1� (1) Classified Balance Sheet 1 g (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statetnent of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 23 of Incorporation, Articles of Organization, Certificate of Formation, LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer ldentification Number as issued by the Texas Z� Comptroller of Public Accounts. To obtain a TeYas Taxpayer ldentification Zg number visit the Texas Comptroller of Public Accounts online at the 29 following web address www window.state.tx.us/taxpermit/ and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DLJNS number as issued by Dun & Bradstreet. This number 3; is used by the City for required reporting on Federal Aid projects. The DLTNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 4; (1) The City requires that the original Financial Statement or a cei�tified copy 44 be submitted for consideration. CITY OF FORT WORTH ELIZrIBETH CREEK PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised Aprii 2, 2014 ooasii-a BIDDERS PREQUALIFICATIONS Page 2 of 3 I (2) To be satisfactoiy, the financial statements niust be audited or reviewed 2 by an independent, cei�tified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firni should state in the audit report or review whether g the conti•actor is an individual, corpoi•ation, or limited liability conipany. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent �vho is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in IS accordance with auditing standards generally accepted in tlie United I� States of America. This must be stated in the accounting firm's opinion. l� It should: (1) express an unqualified opinion, or (2) express a qualified I g opinion on the statements taken as a whole. 19 (7) The City reserves the right to i•equire a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph L 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Pr•eqi�al fcation Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 3�, (1) In those schedules where there is nothing to report, the notation of 3� "None" or "N/A" should be inserted. 3g (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 4; each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH ELIZrIBETH CREEK PH.ASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised Apri12, 2014 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. g END OF SECTION CITY OF FORT WORTH ELIZABETH CREEK PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 00 d5 12 U.4P hREQL',4LiFICATION STATE�7F,N'1' Pauc 1 ot 1 sECTzorr oo �s iz DAP — PR�QUALIFTCATION STATEMENT Each Bidder is required to con�plete the inf'ornlation below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major worl< type(s) listed. In the "Maior Work Type" box provide the complete major work type and actual description as �rovided by the Water Dcpa►-tment for wate►• and sewe►• �nd TPW for�avin�. Majo►• Work Type Contractor/Subcontractor Company Name Preq�ialification Ea �iration Date CONCRETE CONIRECON L7NLIMITED Mario Sinacola & Sons Excavating, Inc. 3110/2�21 VdATER, SANTTARY SL-,WER, STORM SEWER STREET LIGHT The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currentfy prequalified for the work types listed. : 1 1 _. BY � I�(Ia►�fo Sir�ota & Sor�� Excavating, Inc. Haclan Jones (Si TITLE: Vice Presi DATE: 09-18-2020 FND OF SECTION CITY OF FORT WORTH STANDARO C�NSTRUCTION PRE4UAUFICATION STA7EMENT— DEVELOPER AWAADED PftOJECTS 00 �35 12_Prequalification Statement 2015_(7AP Form VerS(an Septem6er 1, 2p15 QO 45 26 - 1 CpNTRACTdR COMPLIANCE WITH WORICER'S COMPENSA�I�N LAW Page 1 of 1 Maria Sinacola & Sons Excavatin�, Inc 2 CaNTRACTDR C�MPLIANCC WITH WORK�R'S C�MPENSATIDN LAW 3 Pursuant to Texas Labor Code Section 4t15.d96(a), as arnended, Cantractor certifies that it 4 pro�ides worker's campensation insurance �ove��age far alt oi its cmplay�cs eniployed on City 5 Project Na. lfl 1910. Contractor further �ertifies that, pi�rsuant to Texas Labor Code, 5ection d 4�G.U9d{�), as amended, it will pro�ide to Ciry its subcontractor's �ec•tificates af �ompliance with 7 woricer's cnmpensation co�es�age. a 9 CONTRACTQR: lq � � �� l3 14 IS 16 l7 l8 l9 20 2i 22 23 2�4 25 26 27 2$ 29 30 31 32 33 3� 35 3� 37 38 Company r� uaT�sin TnnPc ny. ] Sig Address Fris�o, Texas 75033 CitylStatel! i p THE STATE �F TEXAS C011NTY OFTARRANT SECTI�N �D 45 2G ,� § Title: Vice PResident {Please Print} BFFOR� ME, the undersi�ned autl�arity, on this day personally appeared Harlan ]ones , known ta sne to be the person whose nan�e is subs�ribed to the foregoing instrument, and acknowledged to me that helshe exe�uted the same as the act and deed af' Mario 5inacola & Sons Exca�ati��, Inc. for tlie �urposes and �ansideration therein expressed and in k��e capacity therein stated. Gf VFN UN�ER MY FIAND AND SEAi.. OF DFPICE this 20th day ❑f acLobe�� , 20�}. .., '��ppYAU�,,� MERE.��E7H R. iVELS�N • i�—�u • --�.��-,_ � q•'• �' _;: • ��Nor�ry Publi�, state of Texas Notary Puf�lic in and fos� the State oFTeYas =q:�}Q, Comm. Expires 08-20-2022 ��HSL�'`�~ Noief.}I [� i.298Z7$29 •- END UF SECTIUIV C[TY DF FORT WORTH 1:lixabeth L'reek I'liase 2 STANDARD CONSTRiIC'fIUN SPGCII'ICA"I'ION U[]C�MGNTS CiEy Project �1❑ 10228A Aeviscd Apri] 2, 2D 14 10/15/2020Mario Sinacola & Sons Excavating, Inc.36 1,330,262.50ONE MILLION THREE HUNDRED THIRTY THOUSAND TWOHUNDRED SIXTY TWO DOLLARS AND FIFTY CENTS 005243-3 Developer Awarded Project Agreement Page 3 of 4 75 Article 6. INDEMNIFICATION 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 6.1 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 oi• invitees under this contract. This indemnification provision is speciiically intended to operate and be effective even if it is alle�ed or proven that all or soine of the dama�es bein� souEht were caused, in whole or iu nart, bv anv act, o�nission or negligence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, eYpenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 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 alle�ed or proven that all or some of the damages bein� sought were caused, in whole or in part, bV any act, omission or negligence of the citv. Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 99 the Construction Contract for Developer Awarded Projects. 100 7.2 Assignment of Contract. 101 This Agt•eement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the Developer. 103 7.3 Successors and Assigns. 104 Developer and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any pi•ovision or part of the Contract Documents held to be unconstitutional, void oi• 109 unenforceable by a court of competent jui•isdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon DEVELOPER and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreetnent, including all of the Contract Documents is perfot•mable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Noi�thern District of Texas, Fort Worth Division. CITY OF FORT WORTH Elizabeth Creek Pliase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 102284 Revised June 16, 2016 10/14/20 POLICY NUMBER: CLP3691560 COMMERCIAL GENERAL LIABILITY CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS PROVIS ONS OR COVERAGE CHANGELATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD EVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE NAME: Any person or organization as evidenced by a certificated of insurance issued on the company's behalf by its licensed agent. Address: 3. Number of days advance notice: 30 Information required to complete this Schedi if not shown above, will be shown in the Declarations. CG 02 0512 04 Properties, lnc., 2003 OISO P�qe 1 of 1 Attachment Code: D470795 Master ID: 1397399, Certificate ID: 17031557 POLICYNUMBER: CLP36S1560 B. CONTRACTORS AUTOMATIC ADDfiIONAL INSURED COVERAGE-0NGOING OPERATIONS SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "properly damage" or "personal and advertising injury" caused, in whole or in part, by: Your acts or omissions; or 1. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. 2. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your wok' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL - 3088 (9/11) Attachment Code: D512370 Master ID: 1397399, Certificate ID: 17031557 POLICY NUMBER: CLP3691560 U. CONTRACTORS AUTOMATIC ADDITiONAL INSURED COVERAGE - COMPLETED OPERATIONS SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on �rour policy for completed operations, but only with respect to liability for "bodily injury" or property damage" caused, in whole or in part,. by "your work" at the project desi�nated in the contract, perFormed for that additional insured and included in the "products-completed operations hazard". This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL-3088 (09/11) -10- Attachment Code: D512371 Master ID: 1397399, Certificate 1D: 17031557 POLICY NUMBER: CAP3691562 COMMERCIAL AUTO CA20 481013 � ,• ; , , ,� ,. � � �i' � ' ,' � , � � �; ' � ' � ' � � � � . This endorsement modifies insuranoe provided under ti�e following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to wverage provided by i�his endorsement, the provisions of the Coverage Form apply unless malified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under i�he Who Is An Insured provision of the Coverage Form. This endorsement does not alter wverage provided in tf�e Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Mario Sinacola & Sons Excavating, Inc. Endorsement Effective Date: 1 �I I Name Of Person(s) Or Organization(s): Any person or organization for whom the named insured has agreed by written "insured contract" to designate as an additional insured subject to all the provisions and limitations of this policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured' under the Who Is An Insured provision contained in Paragraph Al. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Form and Paragraph D2 of Section 1- Covered Autos Coverages of the Auto Dealers Coverage Form. Attachment Code: D512368 Master ID: 1397399, Certificate ID: 17031557 POLICY NUMBER: CLP3691560 G AUTOMATIC WANER OF SUBROGATION Item 8. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS , is deleted and replaced with the following: 8. TransFer of Rights of Reoovery Against Others to Us and Automatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transfeired to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or �ansfer thase rights to us and help us enforoe them. b. If required by a written cor�tract executed prior to loss, we waive ariy right of recovery we may have against any person or organ'ization because of payments we make for injury or damage arising out of 'your work" for that person or organization. GL - 3088 (09/11) Attachment Code: D512366 Master 1D: 1397399, Certificate 1D: 17031557 Attachment Code: D512364 Master ID: 1397399, Certificate 1D: 17031557 POLICY NUMBER: CAP3691562 COMMERCIAL AUTO CA 04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. . � • � � � • � ` � • � . . , � � • � ' ! : � � � . • ` This endorsement modifies insurance provic�d under ti�e following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement This endorsement changes the policy effective on the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Mario Sinacola & Sons Excavating, Inc. Endorsement Effective Date: , .C�:l _� Name(s) Of Person(s) Or Organization(s): "Any person or organization for whom the named insured is operating under written contract when such contract requires a waiver of subrogation." Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The TransFer Of Rights Of Reoovery Against Others To Us condition does not apply to tl�e person(s) or organization(s) shown in ti�e Sd�edule, but only � the extent that subrogation is waived prior � the "a�dent" or ti�e "loss" under a contract with that person or organization. Attachment Code: D512358 Master ID: 1397399, Certificate ID: 17031557 POLICY NO. WC 3691558 WORKERS COMPENSATION AND EMPLOYERS LIABILITY WC 42 03 04 B INSURANCE POLICY (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3A of the Information Page, We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule in here you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. ( ) Specific Waiver Name of person or organization Schedule (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: Incl , The premium charge for this endorsement shall be VRS percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Incl . This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. MC 42 03 04 B (RI. 6-14) 14October20 October1420 October1420 October1420 October1420 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 006219-2 MAINTENANCE BOND Page 2 of 3 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice fi•om the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactoly to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cat�se any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AW ARDED PROJECTS Revised January 31, 2012 Elizabeth Creek Phase 2 City Project No. XXXXXX 1420October Travelers Casualty and Surety Company of America TRAVELERS � Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint SOPHINIE HUNTER of DALLAS , Texas , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. kiiy .��3Fly� �Qy;Y n+vpm �� 4t4RTFC� � �\ G�� K� � � �R�"i. j � t9t�AiFt7�Rp� �` [�:.� ^% '� u GtN�t;. o ` � r\� wyb y�F � � � � �f �� b�1 F�' ' � t}y State of Connecticut City of Hartford ss. l� � BY. .:, Robert L. Rane , enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Comoanies bv himself as a dulv authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 •��eae��+3��•.• /J� Ii��C�� };i�7hRY 1 1�� V C �* •�#*m ;%� ` ''"a`"` � `' Anna P. Nowik, Notary Public ;,. a�,Mut�?�,,�,�,,.'f This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this day of , . '"-^c� ,�,tinNa .,.�+ � �� St�14pr §� so �c� rc,� � // � � ro'� y ..��'dil, �' s 'r4��+6Ab, �4 � .CC.� =�4' r r �Fy � ,� � i a # { Y."�.;, aj F�+ �� _ t 6+.^'' � Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power ofAttorney, p/ease ca// us at 1-800-421-3BB0. P/ease refer to the above-named Attorney-in-Fact and the detai/s of the bond to which this Power ofAttorney is attached. TRAVELFRS IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty and Surety Company of America > for information or to make a complaint at: Travelers Bond Attn: Claims One Tower Square, S 102A Hartford, CT 06183 1-800-328-2189 You may contact the Texas Depai•tment of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. Form (Rev. Ocrober 2018) Depariment of the Treasiuy intem�l Revenue Service on this lire; do not leave this line blank. S Name {as shown on your income tax returnj. Name �lario Sinacola & Sons Excavatfng,_ Inc. 2 �usiness nameldisreyarded entiry name, if difterer.l �*i � m n 0 ai C 9. C '�' U 0 �L E c a`� � U m a N d a u� 3 Check appropriate box for tederal tax classifica?ion oi the person whose name is entered o� line 1. Check only one of the followiny seven boxes. ❑ IndividuaUsole proprieior or single-member llC • , i • 1 . 1 " �- . � e- � � x � � 1� Go ta www.irs,govl�ormW9 for instructions and the latest Inforrnation. �.! TrusUostate ❑ C Corporation � S Corporation ❑ Partnership C�ive Form to the requester. Do not send to the iRS. 4 Exemptions (codes apply only ro certain entities, not individuais; see instructions on page 3): Exempt payee code �if any) ❑ Limited ilabflity company. Enter lhe tax Gassificatlon (C=C corporation. S=S corporation, p=Partnership) ►!__ Note: Check ihe appropriate box in ihe lino above for the tax classification of the singie-member owner. Do nol check Exemption from FATCA reporting LlC i( the LLC Is classitied as a single•member �l_C that is disregarded from the owner unless the owner of the �lC is code (if any) another LlC that is not disregarded from the owner tor U.S !ederal tax purposes. Othenvise, a singie-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) ► dress (number, street, and apt. or suile no ) See Resea�ch Road state, and ZIP code o TX 75033 account number(s) here (optionai) (Ap{r�ios �o eccounts msinromed outriae fhe t%.S ) RequeslePs name and address (opttonaq •.� iaxpayer ldentification Number (i'INj _ Enter your TIN in the appropriate box. The TIN provided must match the name given on iine i to avoid backup withhoiding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identit'rcation number (EIN). if you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line i. Aiso see What Narne and Number To Grve the Requester for guidelines on whose number to enter. Social securiry number � -� _� or Employer identitication num6er _ �_,.. = _ - �� 3�� -�-, $ �l z r-zT�� Under penalties of perjury, I certi(y that: 1. The number shown on this form is my correct taxpayer (dentification number {or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (U) I have not been notified by the Internal Revenue Service (fRS) that I am sub}ect to backup withholding as a result of a failure to report ail interest or dividends, or (c) the IRS has notified me that i am no ionger subject to backup withhoiding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indioating that ! am exempt from FATCA reporting is correct. Certification instructions, You must cross out item 2 above if you have been notified by the IRS that you are currentiy subject to backup withhalding because you have failed to repo�t all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage interest paid, 2cquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRAJ, and generally, payments other tl,an interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part il, iater. ��g� ( Signature ol Mere U.S. person P Section references are to the Internal Revenue Code unless otherwise noted. Future developmer►is. For the latest intormation about developments related to Form W-9 and its instructions, such as legislation enacted after they were puhlished, go to www.irs.govlFormW9. Pur�ose of �orm An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (iIN) which rnay be your social security number (SSN), individual taxp2yer identificatfon number (lTIN), adoption taxpayer identification number (ATIN), or ernployer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited io, ihe following. • Form 1099-INT (Interest earned or paid) � � ` / 2 .s7 z.0 Date > + Form 1099-DIV (dividends, i�cluding those from stocks or mutual funds) • Form 1099-MISC (various types of income, pr�zes, awards, or gross proceeds) • Form 1099-E3 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you mighf be subject to backup withholding. See What is backup withholding, later. Cat. No. ?0231X Form �-9 {Rev. 10-2018) STREET LIGHT CONTRACT FORMS :.:.�: .. ❑�r Hiu >��ku ic�R r� ��.irr. r Rrn pKar� r; nr. ��, ��fs SECTI[7N UQ �11 00 DAP BIL? Ft}RM F'OR PLBL[CLY B[D PRU]ECTS �lv`LY T�' PtelteCrvup, iac. F�FL: Par•i�g and Street Light imQro►emenis Ciry Pmjeci �fu.: 1D2i8� UnitslSectians: �lixabeth Creek Phase 2 Paviag and 5treet Ligi�t Impro�ements 1. E�tcr Ioto Agree�nent The urtdersigned 6idder grc�pc�ses and agrees, i f this Sid is accepted, ta enter into an AgreLrrEenE with �3evelop�r in the form included in ti�e Bidding Documents to perfarm and furnish all Wark as specified ar indicated in th� Contract Dacumer�ts for ti�e Bid Price and within the Cantract Time indieated in this Bid and in accardance with the other terms and conditions ai the Contract Lk7c�ments. Z. BIOQER Acknpwledgements and Certificatian ?.1. In submiiting thss Bid, Siddar accepts aEl of the terms and cnnditir�ns ofrhe I�IVITA"I�1Clhf T� B�DDERS and ftiSTRG°C TI��tS T� B1�DEf�S, including without tim'station those dealing with t�te dispasition of Bid Bond. �.2. Bi�der is aware of all casts ta pra�ide the required iasurance, will do sv pending eantract aw�ard, and w�'s�l �+rv�ide a �alid irisurance certifcate meeting a11 requiremzn4s in the construction canuact. ?.3. Bidder �ertities that this Bid is genuine and not made in the interesi af or an behalf of any undiscEosed individuaf nr entity and is nat submitted in canfarmit}� with ar�y cul[usi�e agreement or rulzs ofany group, assnciation, organixatian, ar corparatian. ?.4. Bidder has nnt dirzctly� nr indirecEly induc�d nr splicited any other Bidder tD su6mit a false ar sham Bid. 2.5. Bidder has nat solicited or induced ariy indi�iduai or entity to reir�in tcom bidding. 2.6. Biddzr has not engag�d in carrupt, fraudul�r�t. coE[usi�e, vr coerci�e practices in c�mpefing for the Contract. For the purgoses af this Paragraph: a. "corre�pt practi�e" mesns the offering, gi�ing. rece'sving, or soliciring of anything of vaIue likefy ta influence the accian of a puhlic oFficial in the bidding prvicess. b. "fraudn[ent practice" mcans an intentiona] misrepresentatian of fae:ts made {a) to influ�nce the bidding process ta lhe dzFximent of I]e�eloper (b) to estabfish $id prices at ClS1 OF FQRT YYpI{t}! STAil0AR0 COH57RUCr'.q�Y Bll1 �PRM - aE�'Elf17fR AWI�APEP PRQIECTS OQ� i 00 J�d fvm- UM.dOa FO�Yn A�Mscd 11pr: � H7:4 a,:i �. n�LP iili]:Y1RaS F's]R i�t'BIl('1.'s ain �st�ni� r+S»¢.r P�o 2 oi! arti�cial nan-campetiti�� I��els, or (c] to depri�e De�eloper aithe f�enefis o#'free and open camp�titio�. c. "callusi�e �ractice" means a sch�me ar arrangemem beri�e�n n►�o or mnre Sidders, with ar withaut the kna►vl�dge of I]eveloper, a pur�ose af which is to establish BEd price� at artificial, non-competiti�e le�els. d. "coerci�e practice" means harming ar threatening trr harm, directly or indirectlr•, persons or their property� to infiuence their participatian irt the biddin� pro�ess or affect [he �xeeution af th� Cantract. 3. Prequaliticatian "I�he �idder ac3cnawled�;es that che follawing worfc types must be performed only by pre�ualitied cantractors and subcontrartors: a. PAV[NG A�ID STREET LIGHT IA�iI'RUYEMENTS �1. Timc vf Comp[ctian �i.l. The WQrk wi�! he carnplete for Finai Acceptancc within 3Q warkins� day�s after the date when t1�e Contract Titne comrr�ences to run as prvv'sded in the Ger�erai Conditioiis. �.2. 8idder aeGepts ti�z pro�isians of'the Agreement to fiquidated damages, if applirable, in the evenr of fRil�:re to complete the Wortc ,andlor achie�emenz vf i+filestanes; Hici�in the times sp�cified i� th� Agreement. 5. Attached to this Bid The Faliowing dvrurnents a� attAched to and made a part of this 8id: a. 'T�►is 8i[E Form. Section f}U �l �Q b. Bid 6onci f if required). Section 06 �43 13 iss�d by a surery rneeting the r�quirements af the �'renerai Cvndit'sons. c. Praposal F'orm. Section �{1 �#2 �3 d. ti1SE Forms {if'req�ired} e. Pre�ualiti�atian Statement, Sectian QO 45 1? f. Any aclditio�ai dacuments that inay bc required by 5ectian 12 of the Instructitins ta B idders g. Bidder pre-r�ualificat�on application (optiar�al) 6. Tataj Rid Amonnt 6.1. Bidder w�ll complete the V1"ork in ac�Qrdance witt� the L'�ntraGt Doc;uments Far tt�e fallowing 6id amount. Esi the space pra�•ida� belaw�, please enter the tatal ioid amounr far this prnject. Qnly this figure will be read publicly by the City at the bid opening. 6.?. lE is understaod and agreed by tne Bidt{�r in 5igning this propc�saf that �he total bid ars�our�t e�c�red belnw is subject tn verification andlvr madificatian hy muEtiplying the unit bid prie�s far each pay iterri by thc r�spective esijmated quantities shawn in this propasal and then tvtaling a[I of the exicnded amvunts. c.n nF sv�r warts� SrANOAR� [LIHSTRU[i7okl�s c4R41— DE1�4:OPElI aWARQEA PRQ7EL75 d34! 06 6� Form - �FV.tieu �orrn 1leviscd Avrtl �, ]Oia �w i ; �w AAP 81A F[1R1d F(]![ PI:6iJ['LY 8FD PRWFC75 U\LY Piye 3 o-f 3 6.3. E�a[uatian of Aherna[e Sid E�ems �us� this if appti�abl�, a[herwise deiete� TntalBasc Bid 9�2 �57.�0 Alternate Bid 0.� 7't7i'Ai S�❑ 122,i57.60 7. Sid Submitt�l ��s si� �s suh,��M�� o�, RespectFuf ky�u�fn itted, � 1 g �4�C bti• the entitv namzcf belc�w Receipt is acknuw [edged vf thc fallowing Addenda: Initial Addendum No. l Addendum No, 2 t�ddendum No. 3 Addendum 1tia. =l 1 (5ignature} �i�hard Walfe { Priri[ed Tiame j .._ ��. "I'itle: President Company: Independent Utility Cor�struciion, lnc. Address: �1Qg SUn VaAey OnVs Fort Warth, T�C 76119 State of [ncorparatiar�: TE}CAS Emai3: �5fll'71�tIf1��iUCtX.Cpt?1 Phone: 817-478-4444 E�D UF SECTIUY crrroc Faat Ma�ni STM1fluIJ' �`J'N57RW.nPH 9� f 4RM - PEVFl.C1PE1t ALYRRPED iHplECTS OG 43 00 #d FOrm'DAP.dPt� FOltn R!r!S!d Ayll 2. ipla i�v. ruie H�P'nu� rw:�• $ECTIOM pp 4Z 43 aeveloper Awarded aroj�ckc - PROPOSAL FQRM 11NIT PRICE BfD 8idder'� A�plicatian Pr.nect Iscrn in.'ormq[ion 9idJcr s P:�Q..:;I SnFEi�7 Aesc��pe��•r. ��:::r:..�iuxi L'nsi ai 8�d L'nn Pncc Bid Vf,�na llcrtl �u ticn::�n 1"ri �4�ur lhisnuh V: 1 2605.3475 2' C4NL}t RVC SCH 80 ['� 29 �5 a3 EA S9a0 �2.05 2 3A41.3450 FumisNllns� LED L�qT+ti�q Fixturc �48w ATHO Co6ra Ffead) 3d 4i 20 EA yp 251.00 $T.028. 3 3t� �.330 s Rdwy gluen Foun�tian TY � 2. and s 34 4 t 20 EA �g 4.189.rJ0 533.572. � 3w�,a35t FumisMnstali Rdw:y illum Tr � � Pdn 3a 4t t0 Eq 2a 1.$4a.55 5a5.935.4 S 3I41.18#$ Fvmishiinstatl Type 538 �rm 3� AS 20 LF � 217.� �.�7g.�(] B ]441.1iT0 !�� 16 Inaulaaed �Ix Condr 3�1 4t 10 LF 592p 1.p6 $fj.t6S. : 8 9 1fl 11 12 13 ta i5 16 17 f$ 19 Ti� 2S Z2 23 24 �5 2B 27 � 29 70 S1 32 � 34 a : 1 2 15T. r�:te��e..=.... io rer�H� n(1RK for FSYAL AI'i�P7,4Y('E.n4is 7A warWr Nn �fler fhedv� .a.. �r� i'U� i iCt(-[ cnnw�enrn 1� rw as �rwidM ia e�e i:exrN Capolriw�. itted by� ic olfe President Independent Lltility Ca�+sfrucbiun, Inc. LITY dF ie7&F �!!IH STA`A.W17 iY1C�SI7�:.� T� 1P4:CSF�AY7[Rr 09�LiJF7:! f•(ii�iLfM7 AvrMLF'.1 Plp1).Y:I'� F�� Y�� y�y�p.* i 7e17 W ilii�e�f'►k.F;l u�I i%Ik1T R}71ti aa�,�3-� BID��RS PKEQL1AL1l=1C�1T1UN5 Page I oF 3 � s�cT�o�v oa as i i Z BII�DERS PREQC]AL1F[CATIQTVS a 4 1. Summary. All cpntractors are required to be prequalified by the City prior to suhn�itting 5 bids. To �e eligib[e to bid the contractor must submit 5ectiori DQ 45 i 2, Prequalification 6 Statement far the war�C type(s) listed with their Bid, Any contractor ar subcantra�tor who is 7 rtot pi-equalified for the work type{s} iisted must submit Se�tion 00 45 13, Sidder S Prequalificatian Appiicatio�i in accardance with the requirements below. 1 � 7'he prequaIification pracess will esiablish a bid limit based on a technical e�aluation and 1 1 finan�ial analysis of the contractor. "fhe information must be submitted se�en (7) days prior I2 to the date of the opening of bids. For exar►1ple, a contractor wishing to submit bids on 13 projects to be opened vn the 7th �f April must file the information by the .i lst day of March 14 in order to t�id on these projecls. Ir� order ta expedite and Facilitate the appro�al of a Bidder`s 15 Prequaii�catior► Application, i�ie %Ilowing must accompany the su�niissian. iG a. A complete set of audited or reviewed fittancial staterrzents. 17 ( i} Classi �'ied Balance 5heet 18 {2} lncome Staterrient �9 (3} Statement of Cash Ffows Z� (4} 5tatement of Retained Earnings 21 (S} Notes ta the Financial Statements, if any 22 b. A certi�ed copy of the firm's or�anizational do�uments �Carparate Charter, Articles 23 of Incorporat�on, Articles of �rganixatian, Certifcate of Formation, LL� 24 Regulations, Certificate ofLimited Partnersl�ip Agreement). 25 c. A camp�eted Bidder Prequalifcation Application. 26 (1) The firm's Texas Taxpayer [der�tification Number as issued by the Texas ?� Comptroller of Public Accaunts. To obtain a 7"exas Taxpayer ldenti�cation ?g number �isi[ the Texas �omptroller of Puhlic Accounts anline at t�e ?9 follo�ving weh address www.window.state.tx.usltaxpermitl and fill out tlze 3� appIication to apply €or your Texas tax ID. 31 [2} The firm's e-mai] address and fax number. 3Z (3) The iirtn's DUNS number as issued by Dun & Bradstreet. T�►is number 3-� is used by the City for reqtiired reporting an FederaI Aid projects. The DllNS 34 number may he obtained at www.dr�6.com. 35 d. Resumes refTecting the construction ex�erience of the principles of the �rm for firms 36 submitting their initial prequalification. These resumes shoufd include the size and 37 scope af the work performed. 38 e. �ther infarmation as requested 6y the City. 39 4d 2. Prequalifieatian Requirements 41 a. Fi�auncial Statements. Financiai statement submission must be pro�ided in 42 accordan�e wsth the fvllawing: 43 { 1} The City requires that the original Financial 5tatement or a certified copy 44 be submitted far �onsideratian. C13'Y OF FOR'i W�RTH F.%.!! IBE,`f� C'Itr �A �H_-tSE' ' 5TANI]ARb COIvSTRUCTION 5PFC1I�1C�ITIUN t)C]CUMENTS Re��sed April 2, 2014 OU��11-2 BiilC]�RS PREQUAL1FICnTIOIVS I�age 2 af 3 � 3 8 9 Ifl ll iz IJ i4 15 16 17 i8 14 �4 21 �7 ?3 24 25 2d 27 2$ 29 �� 3l ;2 3; 34 35 36 37 38 39 44 4I 42 43 44 �5 �7 (2) Ta be satisfactory, t�e financiai statements must 6e audited ar re�iewed by an independent, certified pubIic ac�ounting firm registered and in goad standing in any state. Current Texas statues aIso require that ac�ounting firms performing audits or re�iews vn husiness entities within the State of 7"exas be properly licensed or registered with the Texas State 8oard of Pubiic Accountancy. {3} The accounting ftt'm should state in the audit report or re��ew whether the contractor is an indi�iduat, corpnratian, or limiTed liability �Qmpany. (4} Financial Statements must be presented in U.S. dollars at the current rate of eYchange of the Balance Sheet date. {5} T�ze City wi�l not re�ogniz� any certified public accauntani as indepersdent wh❑ is not, in fact, independe��t. (b} The accountant's apinion on th� financial staten�ents of the contracting company shauId state that �he audit ar re�iew has been conducted in accordar��e with auditing standards generally a��epted ir� the L]nited States ofAmerica. Tl�is must be stated in the ac�aunting firm's o�inion. [t should: (l ) express an unqLiali�ed opinion, ❑r (2] express a qua�i�ed opinion on the siatements taken as a whole. (7} The City reser�es the right to reqtiire a new s#atement at any tirne. �$} T'he financial sta#ement must be preparec� as of the last day of any n�onth, not more than ane year aId and must be on file �vith the City I6 months thereafter, in accordan�e with Paragraph 1, {9] The City will determine a contractar's bidding capacity for the purposes ❑f awarding contracts. Bidding capacity is determined by multiplying the positi�e net workin� capital [working capitai = current ass�ts — current liabilities) by a factor of Ig. Only those statements refle�ting a positi�e net working capital pasition will be cansidered satisfactory for prequalificatiar� purposes. (1�} in the case that a bidding date falls within the rime a new financial staterrie��t is beir�g prepared, the pre�iaus statement shall be updated with proper �erificatian. Bidde�� Pi-eqarallfr.cation �4pplicudian. A Bidder Prequalifica€ion App2ication must be sub�nitted along with audited or re�iewed financial statements by firms wishing to be eligible t� bid on all c[asses af construction and mairttenance prQjects. lncornplete Applications will be rejected. ( i) In those scheduies where there is nothing to report, #�Ie ttotatian vf "Nane" or "NIA" shou[d �e inserted. (2} A minirnum af fs�e (5} references of related work must be pro�ided. (3) SubmissiQn of an eqt�ipment schedule which indicates equipment under the cQntrol of the Contractar and whic�i is refated to the fype of woric for which the Cantactor is seeking prequalit7cation. The schedule must ir�clude the manufacturer, madel and generaf cammon description af each p�ece of equipment. Abbre�iat'sons or means of descr'sbing eqtiipment other than provided above will not be accepted. 46 3. Eligibility to Bid 47 a. The City shall be the sole jud�e as to a contractor's pre4ualification. 48 b. The City may rej�ct, suspend, or madify any pregualification for fa'slure hy the 49 contractar to demonstrate acceptable fir�ancial abiliry oc� performance. 5� c. The City will isstte a Zetter as to the status of the prequalification approval. CiTY �(JF f�C1RT WORTH �LiZIBcI'F; !.:RE�n PffaS"F_ 1 STANflAR� CDNSTRUCTiON Sf'ECII�ICATI�N DQCUMENTS Re�ised .4pril 2, 2fl 14 Q0�511-3 QIa�EHS PREQLlAL.iFIC:� [ IONS Page 3of 3 1 d. IFa contractor ]zas a �alid prequalificatian Ietter, tl}e contracior will be eligibie ta bid 2 the prequalified work types until the e�piratian �ate stated in the letter. 3 4 � �Nn oF sECTrorr Ci"I Y QF FL7RT WpRTk3 £Li%3SETH CftEEh' Pff_d5F � STANC]ARB CQNSTI�L?CTiUtV SPECIFICA'i'3p?�l DpCLfMF.N7'S Revised .Apr31 ?, ?fl I4 nrf as i= D�P PREQL'��LJ[iCATlON ST�T�ME4"!' Pagc i oi I SECTIQN 40 45 i 2 ❑AP--PREQ[..IAC.IFICAl'IQN STA�EM�NT Ea�h Bidder is required to complete the infarmatior� below by identify�ing the prequalified co��tr�ctars andlor su6contractors whosn they intend to utilize far the major work type{s} listed. In the "Maj4r Work �pe" bo� provide ihe camplete major wark type and actual descriptian as pravided bv the Water De artment for water and sewer and TFW for a�in . Major Wark Type CantractorlSu�cor�i��actar Company Name Prequali�cation Ex irat�on Date CONCRETE CONIRECON llNLIMITED VvATER, SANITARY SEWER. ST�RM SEW�R STREET LIGHT Ir;cianendent U[ility Conskriickinn, lnr. �7-11431�U2� The undersigned hereby certif es that the contra�tars andlor subcontractars descr'shed in the table abo�e are currently prequalified Far the work rypes listed, BIDDER: Independent Utility Canstru�tian, In�_ 5109 5un Valley Drive Fart Wort��, TX 781 i 9 By: 'ch Wo[fe t � ure� TITLE: President DATE: 1 Q-Q5-202D END �F SECTIQN C1TY OF FOftT WqP7# SFAN�ARO CONSTRUCTION FREnLIALI�ICATItlTISTATEA�SENi—pEVELOPER AWARpEA PRQJECTS p04512_Prequalif�atlan StaEement ZO15 RAP Form Ver5ion SeP�em6Cr 1, 20t 5 aa as z6 � i CONTRACT6R CpMPLIAI�ICE WiTH W�RKER'S COMPEIVSATION L4W Page 1 of 1 1 SECTIQN fl4 �5 26 2 COhIT�ACTOR C�MPLIANCE WITH W�RKER'S C�MPENSATI�N LAW 3 Pursuant to Texas Labor Code Section 406.096(aj, as amended, Contractor certi�es that it 4 psavides warker's �ampensation insuran�e co�erage far all af its empiflyees emplayecI on City � Praject No. 1 Q 19 l�. Contractor fiirtl}�r certities that, pursuant t4 Texas Labor Cade, 5e�ti�n b 445.096(b}, as amended, it wili pro�ide to Ciry its sub�antractor's certificates of �ompliance «ith T worker's cam�ensation co�erage. � 9 CUNTRACTDR: r ]� Independent Utilit Lonstructian, fn�. gy�_ F�ichard Wolfe 1? l .i 14 15 ifi i7 l8 ig 20 ?1 �� 23 24 25 2fi a� 28 ?g 30 31 32 33 3� 35 3b 37 38 Campany ( ease �rint} 51E?9 5un Vafiey �rive 5ignafure: � Address Fort Worth, rx 7B1 �9 CitylStatelZip TH� STATE DF TEXAS CaUNTY ��' TARRANT `�`� �� ti Title: Presidert (Please Print] BEF�R� ME, the undersi�ned autharity, on this day persor�ally appeared Richard Wolfe , known to me to be ihe persan whose name is subscribed tfl the foregoing insirument, and ack��o�vledged to rne that helshe executed the same as the act and deed of fndepen��nt UtiEity Construction, inc. for the purposes and cQnsideratian therein expressed and in the �apaciry therein stated. G E�t Y HAND AN AL DF �FFICE this �� day of � r 7� r, - '� - ��""''� CHRl57iNA GARCiA �`� ` �" ti�1PRu AGQ r ❑ ary PubIic in and for the State vf Tesas �z;'' 4n�Nntary ?ublic, State of Texas ��'� :�r 4� Camm. �xpires 12-26-2�24 r'.; �o��i'.` Notary 1p ] 309k0785 �ND QF SECTI�N Cl"fY QF F�R7' W�R7FI �lixabeth Crcek Phase � 51'ANDAfip CQI�iSl�RUCTIQN SP�C1FiCATIaN DOCi11v1ENT5 City Pro�ert VQ iC12384 i2evised Apr�l 2. 2�14 10/6/2020 L]fJ a� d3 - ? ❑e�•slaprr Awsrded Praject Agrremen� Pagc 2 uf � 37 Article 4. C�NTRACT PRICE 38 Developer agrees tfl pay Caniractor far per€arniartce of the Work in accordan�e ►vic� the CnntracE 39 ❑ncua�ents an amount in �urrent funds of � �G �, :��:�� :,�R�,�Y-�w= «,��1$3��. :�� ry�n��^ ";, _�.�-., ;� : �:: • : pallars 4� ($ � ?�.157.6� ), �l � Article 5. CflfvTRACT U�Ci1MENTS 42 �.1 CONTEN7'S: 43 44 45 45 47 �}S �9 50 5l 52 53 54 5� ss 57 5$ 59 6Q �i 6Z fr3 &4 GS 55 f7 68 69 7U 7i 72 73 7� A. The Contra�t Dacu�stents which camprise t�e entire agreement hetween De�eloper and �ontractar �an�erning the W'ork cansist af the f�llowing: I. This Agreeinent. 2. Attachments to this Agreement; a. Sid Farm (As pro�ided by De��loperj 1} praposal For�n {pAP Version] ?} Prequalif�ation Statement 3j 5tate and Federal do�iiinents [p�-ojecr speci�cl b. i��surance AC�RD Forn�(s} c. Payment �ond (�AA Versian) d. Perfarma3�ce Bnnd (DAP Versian} e. Maintena��e Band (DAP Versian} f. Pawer oF Attamey far the Eonds g. War[cer's C�mpensation Afiida�ii h. MBE andlor SSE Comniitment Forn� (If required} .i. 5tandard City General Canditions ❑f the Canstrs.ictiQn ConEract for �e�eloper Awarded Prnjects. 4. Supplementary Canditions. 5. Sp�cifications specifieally made a part ❑f the Contraci Documents 6y atta�hment os', if r�ot attached, as inc�rporated by reference ar�d described in the Table af Contents nf the Praject's Contract Documents. b. Drawings. 7. Addenda. 8. Documentation submitted by Contractor �rior ta Notice af Award. 9. �}�e fnlIowii�►g which may be delivered or issued after the Effecti�e ❑ate of the Agreement and, if issued, become an incorporated part of the Cantract Do�uments: a. Nntice ta Froceed. b. Field Drders. c. Change Orders, d. Letter of Fina� A�ceptance. CITY dF rDRT WDHTI i EEir��e�h Creek Phase 2 STANDARFJ CUNSTR[iCT[DN 5PECIFICATIflh �i7CUMENTS - �EVELflAER AWrIRDEb PAp1EC'f5 C�tr ProFe�tNn 1p22&l Re�•ised lune 16.2D[b 00 52 �S3 - 3 Ue�zlaper Awarded Pro�ect .Agreement Pase 3 of 4 75 Article G. IrIDEMNIFICATION 76 77 7$ 79 80 S1 82 83 84 85 8b 87 88 $4 94 91 92 93 94 45 96 G.1 Cantractor cav�enants and agrees to indemnify, ho[d harmless and defend, at its 4wn ex�ense, the eity, its offieers, servants and emplayces, from and against any and al[ ctaims arising out af, or alleged to arise out of, the work and serviees to he �erfarmed by the contr�ctor, its ❑f�cers, agents, emplayees, subcontractors, lieenses ❑r in�itees under this contract. This indemni�cation rn�isian is s ecificall intended tn a erate and 6e effecti�e e�en if it is alle ed or ro�en that all or some of the damaees bei�� sau ht were caused in wh�le or in ari bv an act nmissinn or ne li ence af the ei . This indemnity pro�ision is inteqded to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against s�cfi claims and rauses of actions. 6.2 Contractor ca�e�ants and agrees to indemnify and hald harmless, at its own expense, the city, its of�cers, ser�ants and emp[oyees, from and against an,v and all loss, damage or desiru�tion ❑f property af the eity, arising out of, or alleged to arise flut of, the wark aad ser�ices ta he performed hy #he �ontractor, its ❑ificers, agents, emplayees, suhcontractors, licensees or in�itees under tf�is coptract. This indemnification ro�ision is s ecificall intenc3ed to n erate and be effe�ti�e e�en if it is aIle ed or ro�en t�at all or some nf the dama�es bein� sou�ht were caysed, in whole or in t�art, h�an� aet, omission ar neglieenee of the citv. Article 7, MISCELLAIYEDCIS 97 i.1 Terms. 98 Terms used in this Agreemeiit are defined in Article l of the 5tandard City Conditions Qf 99 t�te Constructian Cantract far De�elaper Awarded Projects. 140 7.2 Assignment of Contract. 1D1 This Agreement, inc�udir�g all nf the Cantract Do�t�ments may not be assigned by the ] 0? Contra�tor witlzout the ad�anced express written consent Qf the De�elaper. 1 D3 7.3 5u��essors and Assigns. 104 De�eloper and Contractar each hinds itself, its partners, suc�essars, assigns and legal 1DS representatives to the other party heret�, in respe�t to all cQ�enants, a�reements and 1 fl6 ahligations cantained in the Contract Dacuments. I07 7.4 Severability. l08 Any pr��ision or part of the Cantract Dacuments held t❑ he �nconstitutional, void or l09 unenforceable by a court of competent jurisdictian si�all be deemed stricken, and all ll4 remaining pra�isiQns shall cantinue to be �aiid and �indiizg upnn DEVELOPER a�id ] l 1 CONTRACT�R. l 12 7.5 Gaverning Law and Venue. 1 I; This Agreement, including all of the Contract Documenis is perfarsnable in the Stare of 114 Texas. Venue shafl �e Tarrant County, �'exas, ar the United States District Court for the 115 Northern District of Texas, Fort Worth Di�ision. C[TY QF F�(3AT WORTH Eliaahe�h Creek Phase 2 STANpARD CQNS�AUCTI4N SPECfF[CATfQAi DOCUMEiVTS — a£V�LOPER AWARpEI] PftUlECTS Ciry Pro�ect No. 162?84 Aevised iune 16, 2015 00 52 �3 - 4 Developer Aw�arded Pra�ect Agrcen�cnt Page � of 4 � l 17 7.6 Authority to Sign. ]1$ ]19 �7� I2l 122 123 124 125 Contractor sE�al1 attach evidence of authority to sign Agrcement, if oiher than duly authorized signatory nf the Cantractor. IN WITN�5S WHEREOF, Dev�foper and Contractar Ita�e executed tflis Agreert�ent in n�ultiple caunterparts. This Agreement is effecti�e as of the last date si�ned by ille Parties ("Effecti�e Date") Contractor: Deve[a er: Independ�ni Utility Cansiruc#ion, Inc. � -� � o� C�z'� By� �Y� � � g�aature (Signature) Rich�rd Wnlf� {Printed Na�tte) Tiele: President lndependent Utili#y Canstruction, Ir�c. Company Name: 5'i(]9 Sun Vali�y C3rive Address: Fori Worth, TX 76� 99 City/State/Zip: �� (Printed Name} Tit]e: PulteGroup, Inc. Company N�me: 9I 11 Cypress Waters, 5uite 100 Address: Coppeli. Texas 75019 City/StatelZip: - ""� � � l� Date Date `��t��t a u i rlit��r �. �,ONSiR(j �fri ��` ��`E ,.....,,,. L'Tj °�. �� :�,�`' ''s�P O�'g. �� `� �J=p qj,:�� .'_ %. ' � �' �Q:USE�►L�� - i �e � � .`ti r � � A 9 � � ��a/�y�`�� ;�e4/s�r``�� ',�� t f�1�XA"�+�iti�t�`� C[TY OF FOI2T WQRTH Eliza6a€E� Creek Phsue 2 5"I"ANbARD Cp?�ISTE2UC'I']O1�I SPECIFCCAi'EpN DOCl1ML•NT3 — D�VELOP�R AV4`ARAED PROJECI'S City Projcct No I p2264 Rev�sed Junei6,20IG October14 20 October14 20 14 20October 14 October 20 14 October 20 tn� �a i�r - � 3tiSAIiV"�El�'r�hfC'1- �3C11�[) �'age ? 03' 3 �O[7C� �il. fl�$3��V ] ? 3 4 5 6 7 8 g f (] 11 �? 13 14 1� IG 17 IS 19 ?p ?� �� ?3 WH�RFAS, Princi�af bi�ids itself'tn �-�:p7ir or r�Gniish��ct ili� Work in who�e or in pa�7 upot� ricei�in� noTi�e frnm tiie D�veln�rir ai�dlor City af tli� need th�rc:of'at any tiFne within Ihe MainienaTi�t Periad, N�W THEREF[]RE, the cnn�litioFz oFthis ah�igatinn is such that if Princi�aI shall ren�edy any deFecti�G Work, foi� 4vliicl� tiinely �c�tice was pro�ided hy De�e�vper• e�r C'ity, t❑ � �orn�letion satisFa�tnry ta tlie City�. tl�eii ti�is o�ligatinn shal! hecame null ai�d �oi�; other��lise ta ren�ain in ft�ll Force atzci �ffect, PRC3VIDED, HOW'�VER, iI' I'rinci��ail sh�iI! f��il sti [o eej�ai3' �rr retonsiru�l any tis�zely nr�tieed dePieti�e Work, il is a�re;ed th�t th� De.e}apez �i� City n�ay iaL�se a��y and all s��cii deFecti�e Wos�k to he re}��i3•ecl ��dloi� re�a�zstructec� ��itll all associatec{ casts therenf hein� l�orne L�y the �'rit�cipaf aiid the Surety iii7tle3- this Mlintenance B��nd; ai�d I'R(]VII3EU FURTHL'R, tl�at ifan� le�al aetion be'filed at� Fhis Sonci, �eriue shall lie in "C'arrartt Coiinty, T'exas o�'ti�e l�nitecl 5tates ❑is#ri�t Cnurl i'or the Nor�tizern Uistrict oFTeYas, Fni� Wartli D€visinn: and PROVIU�I] F�IRTHFIt, that ti3is o�li�atinn slzall he conti��uotis in ntiture and su�cessi�e recoveries ina�� Ue ]iad I�creo�l for s��ccessi��e i�re<rtlzes. C'I'iY ilf f�L]�iT WCy(tTl f ST'ANE]AHD f'ITY C�[�Ni:7i i'I[]1V5 — 13EVEI f}��f_]� ;�Wq.�i]E[] i'itU.IEC'"I"S Ite��ised Januan .i I. 3[!1? F.lu<<lsr�h C'rcrk �'lt�se 2 C'�i� Prnjcel AI�r. I[]?28� 14 October 20 IMPORTANT N�TfCE 70 ok�ta�n infarmation or make a compfaint You may cal! Westfield Insurance Campany's andlor �hiQ �armers Insurance Company's tol!-free telephane number for informatinn or to make a comp�ain# at: 1-8a�-368-359i Yau may also wriie to Westfield fnsurance Company andlar �t�io FarmeTs Insurance Campar�y at: 555 Repul�lic ❑ri�e, Suite 450 Plano, Texas i5074-8848 You may �ontact the T�xas �epartment of Insuran�e ta obtain i�tforrnation �n �ornpanies, cflverages, rigl�fs ar complaints at: 1-8fln-�52-3439 You may writ� the Texas Department of fnsura�ce: P. D. 6ox 9491�4 AuStin, TX 7871�-91D4 Fax: (512} 475-177'# Web: htt :Ilwww.tdi.5tate.tx.�5 E-r-r�ai�: Consumer�rotection tdi.state.tx.us �REMlLIM OR CL,AIM ❑iSPLlTES: Si�ould you have a dtspute concernir�g ynur premium ❑r abaut a claim you shauld �ontact the agent ❑r Wes#field Insurar�ce Company andlor �hia Farmers Insurance Comapny first. If the dispute is not resalved, you may cont�ct fhe Texas Department of Insurance. ATTACH THlS NQTlCE TQ YDUR P�LICY: This no#i�e is #or inforrnation only and does not became a paR or candi#ian of the attached dQcument. AV15� IMPQRTANT� Para obtener informacion a para somefer una queja: Usted puede Ilamar af nurnera de te}efano gratis de Westfield Insura�ce Gompany's 1 �hio Farr-r�ers Insurance Gornpany's para informacion a para sa�neter una queja al: 1-SQD-368-359T Usted tambien puede es�rihir a Westfield lnsurance �ompany 1 Qhia Farmers lr�surance Company: 555 Repuk�fic Drive, Suite 450 Planfl, Texas 750T4-8848 Puede �omunicarse con el ❑epartamenfa de 5eguros de 7exas para abtener infarma�ior� acerca de campanias, �oberEuras, derec}�os a quejas a�: 9 -SOQ-252-3439 Puede escribir ai Departamenta de Segur�s de Texas: P. D. 8ox 1491 Q4 Austin, TX 78714-9'Ib�l Fax: �512} 475-1771 W�b: htt �p.11ww�N.tdi.state.fx.us E-rna€]: ConsumerProtec#ior� tdi.state.tx.us DISPUTAS 50BRE PRIMAS 0 R�CLAMQS: S� tiene ut�a disputa cance�niente a su prima o a un reclama, debe comunicarse can eI agente a Westfieid Insurance Carnpany I Dhia Farm�rs lnsuran�e Company primera. Si no se resuelve ia disputa, puede entor��es c�municarse �on el departamento (T�E}. llNA ESTE AVfS� A SU PaLiZA: Este a�is❑ es salo para pro�osito de infs�rmacian y no se convierte en parte o candician del documento adjunta. POWER � AN� [SSIJED PRlpR TO Od1217111, FOR ANY PERSQIV Oft PERSaNS h€AMED B�L�W. General Power of Atto rn ey CER�fIFIED C�PY f'C7W�R I�D. 422fl052 D6 Wes#fi�ld �nsu rance Co. ll�estfteld Naiiana! Insurance Co. �hia Farme�-s insurance Co. Wes[field Center-, fll7io iCnow Aff Men by These Aresents, "fhat WESTFIEL❑ 1NSURAM1fCE COIvfPANY, WESTFIEL� NATiahlAL IIVSURANGE G�AAPANY and DF4f0 FARMERS IhIS�RA�lC� CQt�1PANY, corporations, here�nafter referred [o �nd�vidually as a"Company" antl collectively as "Compan�es,' duly organized and existir�g under the laws af the Stafe ❑f �ti�o, and having its prw�cipal ❑f{ice in Westi�eld Center, Medina County, Oh�o, tlo by these presents make, constit�te and appairtt CHARLES ❑. SWEEHEY, MICHAEL A. SWEEfJEY, KYLE W. SWEENEY, ELIZABETFS GRAY, JOltJTLY OR SEIIERALLY qf FDRT WORTH and State of 7x ils Irue a�d lawfui AEtarncy[sj-rn-Fac[, wi[h [ufl power and aulhority hereby cnnierred {n iis name, place and stead, to exec�te, acknowledge and cJeii�er any a�u! all 6onds, re�ognizances, �ndertakings, vr aiher ir�struments ar con[racts aF SLFTEiyS�llp- - - - - • - - - - - - - - ' - - - - - - - - - - - - - - - • - - - - - - - - - - - - - - - • - - - - - - • - - - - - - - • LIMITATION: THES POWER ❑F A7FORHEY CAHNOT B� 115E� Tp E?CECLi7f kO7E GUARAHT�E, MORTGAGE ❑EFICI�NCY, f�AORTGAGE GLIARAHTEE, OR BANK aEPO51TORY BONDS. and to bind any of the Companies Fheretry as fUliy and tv t�e same: extent as if such bnnds were slgned by the Preside�E, sealed wiTh the cqrporaEe seal o� the a�ipiicable Company and duly aticsted hy i[s 5ecretary, herelly ratifying and eonflrming ail that the said A[torney[sj-in•FacY rnay da in [he premises. Saia appointment is made under anc� qy aufhbrily af fhe fallowing resalution adopted hy [ne Boarq pi Qirectqrs af each of the WESTFI�LD IHSLJRANCE COMPAfVY, WCS7FIEL❑ E�A71C]f�tlt IhlSURANCE CQMPIINY and LJFiiO FARMERS INSURANCE COMPANY: "Be ft F2esofved, thal [he President, any Senior Execu[i�e, any Secretary or any �idelity & Surety �pera[ions ExecutiUe or other �xecutive shall he and is nerehy �ested with full power and autnority to ap�oini any one or more suitat�ie persans as Attorney(s}-in-Fact [o represent and act for and on behalf of Ehe Company su�ijec[ ta the ta[law�ng pro�isions: 7'he Attarney-in-Fact. may be gi�en fulf power and authority [ar and in the name at and on t�ehaii of the Campany, Eo execute, acknawiedge and deiiver, any antf all t�onds, recognizances, �ontracts, agreemen[s of indemnity and otner conditiorial or ❑bligakory undertaK�ngs anp ar�y and all �otices and documenis �an�eling ar Yerminating tne Company"s I�ability thereunder, and any such inslruments so execuFed by any su�h Attvrney-in-Faet shafl �e as binding upan t�e Campany as if signeq by the Pres�dent and sealed and at[ested by [he Carporate Secretary." "8e it Further Fteso�ved, thai ihe signature of any such designated person and [he seal of Yhe Cvmpany heretoPore or heresflcr affixed Fa any power ❑f attorney or any oertificate r�lating thereio hy fa�simile, and any power of attorney vr certificate bearing facsim!!e signatures or facsimile seal shall be �alid and binding upon fhe Company wifh respect to any ba�d or undertaking to which it is a[[ached." {Each aqopted at a meeting held on Fet�ruary S, 200�}, �r+ Witness Whereaf, WESTFEELD IMSURANCE CDMPANY, WESTFIE�� NATI�NAL INSURAi4CE CQMPANY and ❑HIO FRRMERS INSIJRANCE C�NEPANY ha�e caused thase presents to be signed by their Senior Executi�e and their corporate seals to be heretv aTfixep [his 2�th day of APRIL A.C}., 2q11 . GvrporaSe r• a�� , �� sea�s • f C�� • AHixed � �v r�� r:uu � t �y� ,�� tio , :� i ��, i v 'i� '�. �� Y�� State Ot Ohi❑ """" County ai NEedina ss.: -a P�li7NAL-�tiSG,�: ��; � .p � SEAL � r � ;�: :n� _�-: ;rn= : Y;. :=p = k ,,,..�.�. ,:�t�►sU -�,�. - � �'�'�',;:;� = �: CltARfER�p :. � � -a: ��_ :�;1848.�= WE57FlELD ltJSURAIVCE C�MPANY WE57FlELD NATIDNAL INSURANC� CflMPAAfY DHId FARMERS iNSLlRANCE CDMPAEJY � ` . B,r. JRichard �. Kinnaird, Jr., IVa[ranal Surefy Leader arrd 5enior Fxecu[ive ❑n this 20tFr day aF ApRI�. A.�., 20i1 , beFore me personally came Ric�ard L. 1Cinnaird, Jf. to me known, who, being by me duEy sworn, did depose and say, t�at he resides in Medlna, �hia; that he is Senior �xecutive ot WESTFIEL[7 INSI�RANCE C�MPAiJY, WEST�IELO NA710hiAL IhSl1RANCE CQNtPANY and OHI❑ FARMERS IM1lSURANCE COMPA�IY, the campanies deseriaed in and which exe�ule8 the above instrument; that he knows ihe seals of sakd Corttpanies; ihat the seafs affixed to said instrvmeni are such corpvrate seals: that they were so a�ixed by arder of the Boards of Directors vf saiq Cvmpanies; and that he sig�ed his name thereto by like order. M1fatarial �„w.�.w, Seal ��..•a' � �'�^��4 . � ' Arrxed '�P: �11l1''s - o:•��. �i y"= 2��"��r . ! • Wif[iam 3. Kahelin, A rney at Law, Notary Public State of �hia =; � d��p My Cammisslvn poes Not Expire [5ec. 147.a3 C7hio Re�ised CodeJ CvUnty af NSadina ss.: ;. 4 .�* ; r��Fp. I, Frank A. Carrino, Seeretary of WESTFIELp INSURANCE C�MPAMY, WESTFIELD NATIQHAL If�SURANCE C�MPANY and �H[D FARMERS INSLIRANCE CaNSPANY, do herehy certity that the abo�e and faregving is a true and cvrre�t cvpy vf a Power of Attorney, executed by said Carr�panies, which is still in full force and effect; and f�rthermore, the resolErEivns of the Boards vf Directors, set ouf in the Power of Attorney ara in full farce and effed, In Witness Wherevf, � ha�e hereunto set my hand and aftixed tha seals of said Compan,�.s at Westfield CenFer, �fiia, this day vf 3i,� ��s""' �''�a`, ; �� '�� .�• ~• .�.� .�r `; ��1C7i�lA�-�tis�., :. -' o:' ••.=P =. : �,: . �; ' �. SE�L, :� ` .* � IIl5i1�;-, :�ye.�". • :�'�� y o: C�� : � 3 :�:, l�as ; � : � %� � � f�'�' ` .�Jj/1�4..,.,.p Secrerary Frank A. Car�ina, Se�retaiy BPpAC2 [combinedj (a6-Q2) 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 Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No. 102251 Revised December 20, 2012 SECTION 01 11 00 1 SUMMARY OF WORK 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Summary of Work to be performed in accordance with the Contract Documents 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 10 2. Division 1 - General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Work Covered by Contract Documents 18 1. Work is to include furnishing all labor, materials, and equipment, and performing 19 all Work necessary for this construction project as detailed in the Drawings and 20 Specifications. 21 B. Subsidiary Work 22 1. Any and all Work specifically governed by documentary requirements for the 23 project, such as conditions imposed by the Drawings or Contract Documents in 24 which no specific item for bid has been provided for in the Proposal and the item is 25 not a typical unit bid item included on the standard bid item list, then the item shall 26 be considered as a subsidiary item of Work, the cost of which shall be included in 27 the price bid in the Proposal for various bid items. 28 C. Use of Premises 29 1. Coordinate uses of premises under direction of the City. 30 2. Assume full responsibility for protection and safekeeping of materials and 31 equipment stored on the Site. 32 3. Use and occupy only portions of the public streets and alleys, or other public places 33 or other rights-of-way as provided for in the ordinances of the City, as shown in the 34 Contract Documents, or as may be specifically authorized in writing by the City. 35 a. A reasonable amount of tools, materials, and equipment for construction 36 purposes may be stored in such space, but no more than is necessary to avoid 37 delay in the construction operations. 38 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No. 102251 Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere 1 with the use of spaces that may be designated to be left free and unobstructed 2 and so as not to inconvenience occupants of adjacent property. 3 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 4 manner as not to interfere with the operation of the railroad. 5 1) All Work shall be in accordance with railroad requirements set forth in 6 Division 0 as well as the railroad permit. 7 D. Work within Easements 8 1. Do not enter upon private property for any purpose without having previously 9 obtained permission from the owner of such property. 10 2. Do not store equipment or material on private property unless and until the 11 specified approval of the property owner has been secured in writing by the 12 Contractor and a copy furnished to the City. 13 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 14 obstructions which must be removed to make possible proper prosecution of the 15 Work as a part of the project construction operations. 16 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 17 lawns, fences, culverts, curbing, and all other types of structures or improvements, 18 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 19 appurtenances thereof, including the construction of temporary fences and to all 20 other public or private property adjacent to the Work. 21 5. Notify the proper representatives of the owners or occupants of the public or private 22 lands of interest in lands which might be affected by the Work. 23 a. Such notice shall be made at least 48 hours in advance of the beginning of the 24 Work. 25 b. Notices shall be applicable to both public and private utility companies and any 26 corporation, company, individual, or other, either as owners or occupants, 27 whose land or interest in land might be affected by the Work. 28 c. Be responsible for all damage or injury to property of any character resulting 29 from any act, omission, neglect, or misconduct in the manner or method or 30 execution of the Work, or at any time due to defective work, material, or 31 equipment. 32 6. Fence 33 a. Restore all fences encountered and removed during construction of the Project 34 to the original or a better than original condition. 35 b. Erect temporary fencing in place of the fencing removed whenever the Work is 36 not in progress and when the site is vacated overnight, and/or at all times to 37 provide site security. 38 c. The cost for all fence work within easements, including removal, temporary 39 closures and replacement, shall be subsidiary to the various items bid in the 40 project proposal, unless a bid item is specifically provided in the proposal. 41 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No. 102251 Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 SECTION 01 25 00 1 SUBSTITUTION PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedure for requesting the approval of substitution of a product that is not 6 equivalent to a product which is specified by descriptive or performance criteria or 7 defined by reference to 1 or more of the following: 8 a. Name of manufacturer 9 b. Name of vendor 10 c. Trade name 11 d. Catalog number 12 2. Substitutions are not "or-equals". 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. No 21 separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Request for Substitution - General 25 1. Within 30 days after award of Contract (unless noted otherwise), the City will 26 consider formal requests from Contractor for substitution of products in place of 27 those specified. 28 2. Certain types of equipment and kinds of material are described in Specifications by 29 means of references to names of manufacturers and vendors, trade names, or catalog 30 numbers. 31 a. When this method of specifying is used, it is not intended to exclude from 32 consideration other products bearing other manufacturer's or vendor's names, 33 trade names, or catalog numbers, provided said products are "or-equals," as 34 determined by City. 35 3. Other types of equipment and kinds of material may be acceptable substitutions 36 under the following conditions: 37 a. Or-equals are unavailable due to strike, discontinued production of products 38 meeting specified requirements, or other factors beyond control of Contractor; 39 or, 40 01 25 00 - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 b. Contractor proposes a cost and/or time reduction incentive to the City. 1 1.5 SUBMITTALS 2 A. See Request for Substitution Form (attached) 3 B. Procedure for Requesting Substitution 4 1. Substitution shall be considered only: 5 a. After award of Contract 6 b. Under the conditions stated herein 7 2. Submit 3 copies of each written request for substitution, including: 8 a. Documentation 9 1) Complete data substantiating compliance of proposed substitution with 10 Contract Documents 11 2) Data relating to changes in construction schedule, when a reduction is 12 proposed 13 3) Data relating to changes in cost 14 b. For products 15 1) Product identification 16 a) Manufacturer's name 17 b) Telephone number and representative contact name 18 c) Specification Section or Drawing reference of originally specified 19 product, including discrete name or tag number assigned to original 20 product in the Contract Documents 21 2) Manufacturer's literature clearly marked to show compliance of proposed 22 product with Contract Documents 23 3) Itemized comparison of original and proposed product addressing product 24 characteristics including, but not necessarily limited to: 25 a) Size 26 b) Composition or materials of construction 27 c) Weight 28 d) Electrical or mechanical requirements 29 4) Product experience 30 a) Location of past projects utilizing product 31 b) Name and telephone number of persons associated with referenced 32 projects knowledgeable concerning proposed product 33 c) Available field data and reports associated with proposed product 34 5) Samples 35 a) Provide at request of City. 36 b) Samples become the property of the City. 37 c. For construction methods: 38 1) Detailed description of proposed method 39 2) Illustration drawings 40 C. Approval or Rejection 41 1. Written approval or rejection of substitution given by the City 42 2. City reserves the right to require proposed product to comply with color and pattern 43 of specified product if necessary to secure design intent. 44 3. In the event the substitution is approved, if a reduction in cost or time results, it will 45 be documented by Change Order. 46 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 4. Substitution will be rejected if: 1 a. Submittal is not through the Contractor with his stamp of approval 2 b. Request is not made in accordance with this Specification Section 3 c. In the Developer’s opinion, acceptance will require substantial revision of the 4 original design 5 d. In the City’s or Developer’s opinion, substitution will not perform adequately 6 the function consistent with the design intent 7 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 8 1.7 CLOSEOUT SUBMITTALS [NOT USED] 9 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 10 1.9 QUALITY ASSURANCE 11 A. In making request for substitution or in using an approved product, the Contractor 12 represents that the Contractor: 13 1. Has investigated proposed product, and has determined that it is adequate or 14 superior in all respects to that specified, and that it will perform function for which it 15 is intended 16 2. Will provide same guarantee for substitute item as for product specified 17 3. Will coordinate installation of accepted substitution into Work, to include building 18 modifications if necessary, making such changes as may be required for Work to be 19 complete in all respects 20 4. Waives all claims for additional costs related to substitution which subsequently 21 arise 22 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 23 1.11 FIELD [SITE] CONDITIONS [NOT USED] 24 1.12 WARRANTY [NOT USED] 25 PART 2 - PRODUCTS [NOT USED] 26 PART 3 - EXECUTION [NOT USED] 27 END OF SECTION 28 29 Revision Log DATE NAME SUMMARY OF CHANGE 30 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 EXHIBIT A 1 REQUEST FOR SUBSTITUTION FORM: 2 3 TO: 4 PROJECT: DATE: 5 We hereby submit for your consideration the following product instead of the specified item for 6 the above project: 7 SECTION PARAGRAPH SPECIFIED ITEM 8 9 10 Proposed Substitution: 11 Reason for Substitution: 12 Include complete information on changes to Drawings and/or Specifications which proposed 13 substitution will require for its proper installation. 14 15 Fill in Blanks Below: 16 A. Will the undersigned contractor pay for changes to the building design, including engineering 17 and detailing costs caused by the requested substitution? 18 19 20 B. What effect does substitution have on other trades? 21 22 23 C. Differences between proposed substitution and specified item? 24 25 26 D. Differences in product cost or product delivery time? 27 28 29 E. Manufacturer's guarantees of the proposed and specified items are: 30 31 Equal Better (explain on attachment) 32 The undersigned states that the function, appearance and quality are equivalent or superior to the 33 specified item. 34 Submitted By: For Use by City 35 36 Signature Recommended Recommended 37 as noted 38 39 Firm Not recommended Received late 40 Address By 41 Date 42 Date Remarks 43 Telephone 44 45 For Use by City: 46 47 Approved Rejected 48 City Date 49 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 SECTION 01 31 19 1 PRECONSTRUCTION MEETING 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 6 clarify construction contract administration procedures 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. No construction schedule required unless requested by the City. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the 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. Coordination 19 1. Attend preconstruction meeting. 20 2. Representatives of Contractor, subcontractors and suppliers attending meetings 21 shall be qualified and authorized to act on behalf of the entity each represents. 22 3. Meeting administered by City may be tape recorded. 23 a. If recorded, tapes will be used to prepare minutes and retained by City for 24 future reference. 25 B. Preconstruction Meeting 26 1. A preconstruction meeting will be held within 14 days after the delivery of the 27 distribution package to the City. 28 a. The meeting will be scheduled and administered by the City. 29 2. The Project Representative will preside at the meeting, prepare the notes of the 30 meeting and distribute copies of same to all participants who so request by fully 31 completing the attendance form to be circulated at the beginning of the meeting. 32 3. Attendance shall include: 33 a. Developer and Consultant 34 b. Contractor's project manager 35 c. Contractor's superintendent 36 d. Any subcontractor or supplier representatives whom the Contractor may desire 37 to invite or the City may request 38 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 e. Other City representatives 1 f. Others as appropriate 2 4. Preliminary Agenda may include: 3 a. Introduction of Project Personnel 4 b. General Description of Project 5 c. Status of right-of-way, utility clearances, easements or other pertinent permits 6 d. Contractor’s work plan and schedule 7 e. Contract Time 8 f. Notice to Proceed 9 g. Construction Staking 10 h. Progress Payments 11 i. Extra Work and Change Order Procedures 12 j. Field Orders 13 k. Disposal Site Letter for Waste Material 14 l. Insurance Renewals 15 m. Payroll Certification 16 n. Material Certifications and Quality Control Testing 17 o. Public Safety and Convenience 18 p. Documentation of Pre-Construction Conditions 19 q. Weekend Work Notification 20 r. Legal Holidays 21 s. Trench Safety Plans 22 t. Confined Space Entry Standards 23 u. Coordination with the City’s representative for operations of existing water 24 systems 25 v. Storm Water Pollution Prevention Plan 26 w. Coordination with other Contractors 27 x. Early Warning System 28 y. Contractor Evaluation 29 z. Special Conditions applicable to the project 30 aa. Damages Claims 31 bb. Submittal Procedures 32 cc. Substitution Procedures 33 dd. Correspondence Routing 34 ee. Record Drawings 35 ff. Temporary construction facilities 36 gg. MBE/SBE procedures 37 hh. Final Acceptance 38 ii. Final Payment 39 jj. Questions or Comments 40 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 32 33 - 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 SECTION 01 32 33 1 PRECONSTRUCTION VIDEO 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Administrative and procedural requirements for: 6 a. Preconstruction Videos 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. Though not mandatory, it is highly recommended on infill developer projects. 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. Preconstruction Video 19 1. Produce a preconstruction video of the site/alignment, including all areas in the 20 vicinity of and to be affected by construction. 21 a. Provide digital copy of video upon request by the City. 22 2. Retain a copy of the preconstruction video until the end of the maintenance surety 23 period. 24 1.5 SUBMITTALS [NOT USED] 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE [NOT USED] 29 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 30 1.11 FIELD [SITE] CONDITIONS [NOT USED] 31 1.12 WARRANTY [NOT USED] 32 PART 2 - PRODUCTS [NOT USED] 33 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 PART 3 - EXECUTION [NOT USED] 1 END OF SECTION 2 3 Revision Log DATE NAME SUMMARY OF CHANGE 4 01 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH Cibolo HIlls Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 SECTION 01 33 00 1 DAP SUBMITTALS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. General methods and requirements of submissions applicable to the following 6 Work-related submittals: 7 a. Shop Drawings 8 b. Product Data (including Standard Product List submittals) 9 c. Samples 10 d. Mock Ups 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 22 A. Coordination 23 1. Notify the City in writing, at the time of submittal, of any deviations in the 24 submittals from the requirements of the Contract Documents. 25 2. Coordination of Submittal Times 26 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 27 performing the related Work or other applicable activities, or within the time 28 specified in the individual Work Sections, of the Specifications. 29 b. Contractor is responsible such that the installation will not be delayed by 30 processing times including, but not limited to: 31 a) Disapproval and resubmittal (if required) 32 b) Coordination with other submittals 33 c) Testing 34 d) Purchasing 35 e) Fabrication 36 f) Delivery 37 g) Similar sequenced activities 38 c. No extension of time will be authorized because of the Contractor's failure to 39 transmit submittals sufficiently in advance of the Work. 40 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 CITY OF FORT WORTH Cibolo HIlls Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 d. Make submittals promptly in accordance with approved schedule, and in such 1 sequence as to cause no delay in the Work or in the work of any other 2 contractor. 3 B. Submittal Numbering 4 1. When submitting shop drawings or samples, utilize a 9-character submittal cross-5 reference identification numbering system in the following manner: 6 a. Use the first 6 digits of the applicable Specification Section Number. 7 b. For the next 2 digits number use numbers 01-99 to sequentially number each 8 initial separate item or drawing submitted under each specific Section number. 9 c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. 10 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 11 submittal number would be as follows: 12 13 03 30 00-08-B 14 15 1) 03 30 00 is the Specification Section for Concrete 16 2) 08 is the eighth initial submittal under this Specification Section 17 3) B is the third submission (second resubmission) of that particular shop 18 drawing 19 C. Contractor Certification 20 1. Review shop drawings, product data and samples, including those by 21 subcontractors, prior to submission to determine and verify the following: 22 a. Field measurements 23 b. Field construction criteria 24 c. Catalog numbers and similar data 25 d. Conformance with the Contract Documents 26 2. Provide each shop drawing, sample and product data submitted by the Contractor 27 with a Certification Statement affixed including: 28 a. The Contractor's Company name 29 b. Signature of submittal reviewer 30 c. Certification Statement 31 1) “By this submittal, I hereby represent that I have determined and verified 32 field measurements, field construction criteria, materials, dimensions, 33 catalog numbers and similar data and I have checked and coordinated each 34 item with other applicable approved shop drawings." 35 D. Submittal Format 36 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 37 2. Bind shop drawings and product data sheets together. 38 3. Order 39 a. Cover Sheet 40 1) Description of Packet 41 2) Contractor Certification 42 b. List of items / Table of Contents 43 c. Product Data /Shop Drawings/Samples /Calculations 44 E. Submittal Content 45 1. The date of submission and the dates of any previous submissions 46 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 CITY OF FORT WORTH Cibolo HIlls Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 2. The Project title and number 1 3. Contractor identification 2 4. The names of: 3 a. Contractor 4 b. Supplier 5 c. Manufacturer 6 5. Identification of the product, with the Specification Section number, page and 7 paragraph(s) 8 6. Field dimensions, clearly identified as such 9 7. Relation to adjacent or critical features of the Work or materials 10 8. Applicable standards, such as ASTM or Federal Specification numbers 11 9. Identification by highlighting of deviations from Contract Documents 12 10. Identification by highlighting of revisions on resubmittals 13 11. An 8-inch x 3-inch blank space for Contractor and City stamps 14 F. Shop Drawings 15 1. As specified in individual Work Sections includes, but is not necessarily limited to: 16 a. Custom-prepared data such as fabrication and erection/installation (working) 17 drawings 18 b. Scheduled information 19 c. Setting diagrams 20 d. Actual shopwork manufacturing instructions 21 e. Custom templates 22 f. Special wiring diagrams 23 g. Coordination drawings 24 h. Individual system or equipment inspection and test reports including: 25 1) Performance curves and certifications 26 i. As applicable to the Work 27 2. Details 28 a. Relation of the various parts to the main members and lines of the structure 29 b. Where correct fabrication of the Work depends upon field measurements 30 1) Provide such measurements and note on the drawings prior to submitting 31 for approval. 32 G. Product Data 33 1. For submittals of product data for products included on the City’s Standard Product 34 List, clearly identify each item selected for use on the Project. 35 2. For submittals of product data for products not included on the City’s Standard 36 Product List, submittal data may include, but is not necessarily limited to: 37 a. Standard prepared data for manufactured products (sometimes referred to as 38 catalog data) 39 1) Such as the manufacturer's product specification and installation 40 instructions 41 2) Availability of colors and patterns 42 3) Manufacturer's printed statements of compliances and applicability 43 4) Roughing-in diagrams and templates 44 5) Catalog cuts 45 6) Product photographs 46 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 CITY OF FORT WORTH Cibolo HIlls Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 7) Standard wiring diagrams 1 8) Printed performance curves and operational-range diagrams 2 9) Production or quality control inspection and test reports and certifications 3 10) Mill reports 4 11) Product operating and maintenance instructions and recommended 5 spare-parts listing and printed product warranties 6 12) As applicable to the Work 7 H. Samples 8 1. As specified in individual Sections, include, but are not necessarily limited to: 9 a. Physical examples of the Work such as: 10 1) Sections of manufactured or fabricated Work 11 2) Small cuts or containers of materials 12 3) Complete units of repetitively used products color/texture/pattern swatches 13 and range sets 14 4) Specimens for coordination of visual effect 15 5) Graphic symbols and units of Work to be used by the City for independent 16 inspection and testing, as applicable to the Work 17 I. Do not start Work requiring a shop drawing, sample or product data nor any material to 18 be fabricated or installed prior to the approval or qualified approval of such item. 19 1. Fabrication performed, materials purchased or on-site construction accomplished 20 which does not conform to approved shop drawings and data is at the Contractor's 21 risk. 22 2. The City will not be liable for any expense or delay due to corrections or remedies 23 required to accomplish conformity. 24 3. Complete project Work, materials, fabrication, and installations in conformance 25 with approved shop drawings, applicable samples, and product data. 26 J. Submittal Distribution 27 1. Electronic Distribution 28 a. Confirm development of Project directory for electronic submittals to be 29 uploaded to City’s Buzzsaw site, or another external FTP site approved by the 30 City. 31 b. Shop Drawings 32 1) Upload submittal to designated project directory and notify appropriate 33 City representatives via email of submittal posting. 34 2) Hard Copies 35 a) 3 copies for all submittals 36 b) If Contractor requires more than 1 hard copy of Shop Drawings 37 returned, Contractor shall submit more than the number of copies listed 38 above. 39 c. Product Data 40 1) Upload submittal to designated project directory and notify appropriate 41 City representatives via email of submittal posting. 42 2) Hard Copies 43 a) 3 copies for all submittals 44 d. Samples 45 1) Distributed to the Project Representative 46 2. Hard Copy Distribution (if required in lieu of electronic distribution) 47 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 CITY OF FORT WORTH Cibolo HIlls Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 a. Shop Drawings 1 1) Distributed to the City 2 2) Copies 3 a) 8 copies for mechanical submittals 4 b) 7 copies for all other submittals 5 c) If Contractor requires more than 3 copies of Shop Drawings returned, 6 Contractor shall submit more than the number of copies listed above. 7 b. Product Data 8 1) Distributed to the City 9 2) Copies 10 a) 4 copies 11 c. Samples 12 1) Distributed to the Project Representative 13 2) Copies 14 a) Submit the number stated in the respective Specification Sections. 15 3. Distribute reproductions of approved shop drawings and copies of approved 16 product data and samples, where required, to the job site file and elsewhere as 17 directed by the City. 18 a. Provide number of copies as directed by the City but not exceeding the number 19 previously specified. 20 K. Submittal Review 21 1. The review of shop drawings, data and samples will be for general conformance 22 with the design concept and Contract Documents. This is not to be construed as: 23 a. Permitting any departure from the Contract requirements 24 b. Relieving the Contractor of responsibility for any errors, including details, 25 dimensions, and materials 26 c. Approving departures from details furnished by the City, except as otherwise 27 provided herein 28 2. The review and approval of shop drawings, samples or product data by the City 29 does not relieve the Contractor from his/her responsibility with regard to the 30 fulfillment of the terms of the Contract. 31 a. All risks of error and omission are assumed by the Contractor, and the City will 32 have no responsibility therefore. 33 3. The Contractor remains responsible for details and accuracy, for coordinating the 34 Work with all other associated work and trades, for selecting fabrication processes, 35 for techniques of assembly and for performing Work in a safe manner. 36 4. If the shop drawings, data or samples as submitted describe variations and show a 37 departure from the Contract requirements which City finds to be in the interest of 38 the City and to be so minor as not to involve a change in Contract Price or time for 39 performance, the City may return the reviewed drawings without noting an 40 exception. 41 5. Submittals will be returned to the Contractor under 1 of the following codes: 42 a. Code 1 43 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 44 comments on the submittal. 45 a) When returned under this code the Contractor may release the 46 equipment and/or material for manufacture. 47 b. Code 2 48 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 CITY OF FORT WORTH Cibolo HIlls Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 1 the notations and comments IS NOT required by the Contractor. 2 a) The Contractor may release the equipment or material for manufacture; 3 however, all notations and comments must be incorporated into the 4 final product. 5 c. Code 3 6 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 7 assigned when notations and comments are extensive enough to require a 8 resubmittal of the package. 9 a) The Contractor may release the equipment or material for manufacture; 10 however, all notations and comments must be incorporated into the 11 final product. 12 b) This resubmittal is to address all comments, omissions and 13 non-conforming items that were noted. 14 c) Resubmittal is to be received by the City within 15 Calendar Days of 15 the date of the City's transmittal requiring the resubmittal. 16 d. Code 4 17 1) "NOT APPROVED" is assigned when the submittal does not meet the 18 intent of the Contract Documents. 19 a) The Contractor must resubmit the entire package revised to bring the 20 submittal into conformance. 21 b) It may be necessary to resubmit using a different manufacturer/vendor 22 to meet the Contract Documents. 23 6. Resubmittals 24 a. Handled in the same manner as first submittals 25 1) Corrections other than requested by the City 26 2) Marked with revision triangle or other similar method 27 a) At Contractor’s risk if not marked 28 b. Submittals for each item will be reviewed no more than twice at the City’s 29 expense. 30 1) All subsequent reviews will be performed at times convenient to the City 31 and at the Contractor's expense, based on the City's or City 32 Representative’s then prevailing rates. 33 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 34 all such fees invoiced by the City. 35 c. The need for more than 1 resubmission or any other delay in obtaining City's 36 review of submittals, will not entitle the Contractor to an extension of Contract 37 Time. 38 7. Partial Submittals 39 a. City reserves the right to not review submittals deemed partial, at the City’s 40 discretion. 41 b. Submittals deemed by the City to be not complete will be returned to the 42 Contractor, and will be considered "Not Approved" until resubmitted. 43 c. The City may at its option provide a list or mark the submittal directing the 44 Contractor to the areas that are incomplete. 45 8. If the Contractor considers any correction indicated on the shop drawings to 46 constitute a change to the Contract Documents, then written notice must be 47 provided thereof to the Developer at least 7 Calendar Days prior to release for 48 manufacture. 49 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 CITY OF FORT WORTH Cibolo HIlls Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 9. When the shop drawings have been completed to the satisfaction of the City, the 1 Contractor may carry out the construction in accordance therewith and no further 2 changes therein except upon written instructions from the City. 3 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 4 following receipt of submittal by the City. 5 L. Mock ups 6 1. Mock Up units as specified in individual Sections, include, but are not necessarily 7 limited to, complete units of the standard of acceptance for that type of Work to be 8 used on the Project. Remove at the completion of the Work or when directed. 9 M. Qualifications 10 1. If specifically required in other Sections of these Specifications, submit a P.E. 11 Certification for each item required. 12 N. Request for Information (RFI) 13 1. Contractor Request for additional information 14 a. Clarification or interpretation of the contract documents 15 b. When the Contractor believes there is a conflict between Contract Documents 16 c. When the Contractor believes there is a conflict between the Drawings and 17 Specifications 18 1) Identify the conflict and request clarification 19 2. Sufficient information shall be attached to permit a written response without further 20 information. 21 22 23 24 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 01 33 00 - 8 DAP SUBMITTALS Page 8 of 8 CITY OF FORT WORTH Cibolo HIlls Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 PART 2 - PRODUCTS [NOT USED] 1 PART 3 - EXECUTION [NOT USED] 2 END OF SECTION 3 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 Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No, 102251 Revised August, 30, 2013 SECTION 01 35 13 1 SPECIAL PROJECT PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedures for special project circumstances that includes, but is not limited to: 6 a. Coordination with the Texas Department of Transportation 7 b. Work near High Voltage Lines 8 c. Confined Space Entry Program 9 d. Air Pollution Watch Days 10 e. Use of Explosives, Drop Weight, Etc. 11 f. Water Department Notification 12 g. Public Notification Prior to Beginning Construction 13 h. Coordination with United States Army Corps of Engineers 14 i. Coordination within Railroad permits areas 15 j. Dust Control 16 k. Employee Parking 17 B. Deviations from this City of Fort Worth Standard Specification 18 1. None. 19 C. Related Specification Sections include, but are not necessarily limited to: 20 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 21 2. Division 1 – General Requirements 22 3. Section 33 12 25 – Connection to Existing Water Mains 23 24 1.2 REFERENCES 25 A. Reference Standards 26 1. Reference standards cited in this Specification refer to the current reference 27 standard published at the time of the latest revision date logged at the end of this 28 Specification, unless a date is specifically cited. 29 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 30 High Voltage Overhead Lines. 31 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 32 Specification 33 1.3 ADMINISTRATIVE REQUIREMENTS 34 A. Coordination with the Texas Department of Transportation 35 1. When work in the right-of-way which is under the jurisdiction of the Texas 36 Department of Transportation (TxDOT): 37 a. Notify the Texas Department of Transportation prior to commencing any work 38 therein in accordance with the provisions of the permit 39 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No, 102251 Revised August, 30, 2013 b. All work performed in the TxDOT right-of-way shall be performed in 1 compliance with and subject to approval from the Texas Department of 2 Transportation 3 B. Work near High Voltage Lines 4 1. Regulatory Requirements 5 a. All Work near High Voltage Lines (more than 600 volts measured between 6 conductors or between a conductor and the ground) shall be in accordance with 7 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 8 2. Warning sign 9 a. Provide sign of sufficient size meeting all OSHA requirements. 10 3. Equipment operating within 10 feet of high voltage lines will require the following 11 safety features 12 a. Insulating cage-type of guard about the boom or arm 13 b. Insulator links on the lift hook connections for back hoes or dippers 14 c. Equipment must meet the safety requirements as set forth by OSHA and the 15 safety requirements of the owner of the high voltage lines 16 4. Work within 6 feet of high voltage electric lines 17 a. Notification shall be given to: 18 1) The power company (example: ONCOR) 19 a) Maintain an accurate log of all such calls to power company and record 20 action taken in each case. 21 b. Coordination with power company 22 1) After notification coordinate with the power company to: 23 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 24 lower the lines 25 c. No personnel may work within 6 feet of a high voltage line before the above 26 requirements have been met. 27 C. Confined Space Entry Program 28 1. Provide and follow approved Confined Space Entry Program in accordance with 29 OSHA requirements. 30 2. Confined Spaces include: 31 a. Manholes 32 b. All other confined spaces in accordance with OSHA’s Permit Required for 33 Confined Spaces 34 D. Use of Explosives, Drop Weight, Etc. 35 1. When Contract Documents permit on the project the following will apply: 36 a. Public Notification 37 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 38 prior to commencing. 39 2) Minimum 24 hour public notification in accordance with Section 01 31 13 40 E. Water Department Coordination 41 1. During the construction of this project, it will be necessary to deactivate, for a 42 period of time, existing lines. The Contractor shall be required to coordinate with 43 the Water Department to determine the best times for deactivating and activating 44 those lines. 45 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No, 102251 Revised August, 30, 2013 2. Coordinate any event that will require connecting to or the operation of an existing 1 City water line system with the City’s representative. 2 a. Coordination shall be in accordance with Section 33 12 25. 3 b. If needed, obtain a hydrant water meter from the Water Department for use 4 during the life of named project. 5 c. In the event that a water valve on an existing live system be turned off and on 6 to accommodate the construction of the project is required, coordinate this 7 activity through the appropriate City representative. 8 1) Do not operate water line valves of existing water system. 9 a) Failure to comply will render the Contractor in violation of Texas Penal 10 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 11 will be prosecuted to the full extent of the law. 12 b) In addition, the Contractor will assume all liabilities and 13 responsibilities as a result of these actions. 14 F. Public Notification Prior to Beginning Construction 15 1. Prior to beginning construction on any block in the project, on a block by block 16 basis, prepare and deliver a notice or flyer of the pending construction to the front 17 door of each residence or business that will be impacted by construction. The notice 18 shall be prepared as follows: 19 a. Post notice or flyer 7 days prior to beginning any construction activity on each 20 block in the project area. 21 1) Prepare flyer on the Contractor’s letterhead and include the following 22 information: 23 a) Name of Project 24 b) City Project No (CPN) 25 c) Scope of Project (i.e. type of construction activity) 26 d) Actual construction duration within the block 27 e) Name of the contractor’s foreman and phone number 28 f) Name of the City’s inspector and phone number 29 g) City’s after-hours phone number 30 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 31 A. 32 3) Submit schedule showing the construction start and finish time for each 33 block of the project to the inspector. 34 4) Deliver flyer to the City Inspector for review prior to distribution. 35 b. No construction will be allowed to begin on any block until the flyer is 36 delivered to all residents of the block. 37 G. Public Notification of Temporary Water Service Interruption during Construction 38 1. In the event it becomes necessary to temporarily shut down water service to 39 residents or businesses during construction, prepare and deliver a notice or flyer of 40 the pending interruption to the front door of each affected resident. 41 2. Prepared notice as follows: 42 a. The notification or flyer shall be posted 24 hours prior to the temporary 43 interruption. 44 b. Prepare flyer on the contractor’s letterhead and include the following 45 information: 46 1) Name of the project 47 2) City Project Number 48 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No, 102251 Revised August, 30, 2013 3) Date of the interruption of service 1 4) Period the interruption will take place 2 5) Name of the contractor’s foreman and phone number 3 6) Name of the City’s inspector and phone number 4 c. A sample of the temporary water service interruption notification is attached as 5 Exhibit B. 6 d. Deliver a copy of the temporary interruption notification to the City inspector 7 for review prior to being distributed. 8 e. No interruption of water service can occur until the flyer has been delivered to 9 all affected residents and businesses. 10 f. Electronic versions of the sample flyers can be obtained from the Project 11 Construction Inspector. 12 H. Coordination with United States Army Corps of Engineers (USACE) 13 1. At locations in the Project where construction activities occur in areas where 14 USACE permits are required, meet all requirements set forth in each designated 15 permit. 16 I. Coordination within Railroad Permit Areas 17 1. At locations in the project where construction activities occur in areas where 18 railroad permits are required, meet all requirements set forth in each designated 19 railroad permit. This includes, but is not limited to, provisions for: 20 a. Flagmen 21 b. Inspectors 22 c. Safety training 23 d. Additional insurance 24 e. Insurance certificates 25 f. Other employees required to protect the right-of-way and property of the 26 Railroad Company from damage arising out of and/or from the construction of 27 the project. Proper utility clearance procedures shall be used in accordance 28 with the permit guidelines. 29 2. Obtain any supplemental information needed to comply with the railroad’s 30 requirements. 31 J. Dust Control 32 1. Use acceptable measures to control dust at the Site. 33 a. If water is used to control dust, capture and properly dispose of waste water. 34 b. If wet saw cutting is performed, capture and properly dispose of slurry. 35 K. Employee Parking 36 1. Provide parking for employees at locations approved by the City. 37 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No, 102251 Revised August, 30, 2013 1.4 SUBMITTALS [NOT USED] 1 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.6 CLOSEOUT SUBMITTALS [NOT USED] 3 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.8 QUALITY ASSURANCE [NOT USED] 5 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.10 FIELD [SITE] CONDITIONS [NOT USED] 7 1.11 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.3.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 13 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No, 102251 Revised August, 30, 2013 EXHIBIT A 1 (To be printed on Contractor’s Letterhead) 2 3 4 5 Date: 6 7 CPN No.: 8 Project Name: 9 Mapsco Location: 10 Limits of Construction: 11 12 13 14 15 16 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 17 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 18 PROPERTY. 19 20 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 21 OF THIS NOTICE. 22 23 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 24 ISSUE, PLEASE CALL: 25 26 27 Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 28 29 OR 30 31 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 32 33 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 34 35 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 36 37 01 35 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No, 102251 Revised August, 30, 2013 EXHIBIT B 1 2 3 4 01 45 23 - 1 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 SECTION 01 45 23 1 TESTING AND INSPECTION SERVICES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Testing and inspection services procedures and coordination 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various Items bid. 14 No separate payment will be allowed for this Item. 15 a. Contractor is responsible for performing, coordinating, and payment of all 16 Quality Control testing. 17 b. City is responsible for performing and payment for first set of Quality 18 Assurance testing. 19 1) If the first Quality Assurance test performed by the City fails, the 20 Contractor is responsible for payment of subsequent Quality Assurance 21 testing until a passing test occurs. 22 a) Final acceptance will not be issued by City until all required payments 23 for testing by Contractor have been paid in full. 24 1.3 REFERENCES [NOT USED] 25 1.4 ADMINISTRATIVE REQUIREMENTS 26 A. Testing 27 1. Complete testing in accordance with the Contract Documents. 28 2. Coordination 29 a. When testing is required to be performed by the City, notify City, sufficiently 30 in advance, when testing is needed. 31 b. When testing is required to be completed by the Contractor, notify City, 32 sufficiently in advance, that testing will be performed. 33 3. Distribution of Testing Reports 34 a. Electronic Distribution 35 1) Confirm development of Project directory for electronic submittals to be 36 uploaded to City’s Buzzsaw site, or another form of distribution approved 37 by the City. 38 01 45 23 - 2 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 2) Upload test reports to designated project directory and notify appropriate 1 City representatives via email of submittal posting. 2 3) Hard Copies 3 a) 1 copy for all submittals submitted to the Project Representative 4 b. Hard Copy Distribution (if required in lieu of electronic distribution) 5 1) Tests performed by City 6 a) Distribute 1 hard copy to the Contractor 7 2) Tests performed by the Contractor 8 a) Distribute 3 hard copies to City’s Project Representative 9 4. Provide City’s Project Representative with trip tickets for each delivered load of 10 Concrete or Lime material including the following information: 11 a. Name of pit 12 b. Date of delivery 13 c. Material delivered 14 B. Inspection 15 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 16 perform work in accordance with the Contract Documents. 17 1.5 SUBMITTALS [NOT USED] 18 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 19 1.7 CLOSEOUT SUBMITTALS [NOT USED] 20 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 21 1.9 QUALITY ASSURANCE [NOT USED] 22 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 23 1.11 FIELD [SITE] CONDITIONS [NOT USED] 24 1.12 WARRANTY [NOT USED] 25 PART 2 - PRODUCTS [NOT USED] 26 PART 3 - EXECUTION [NOT USED] 27 END OF SECTION 28 29 Revision Log DATE NAME SUMMARY OF CHANGE 30 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised JULY 1, 2011 SECTION 01 50 00 1 TEMPORARY FACILITIES AND CONTROLS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Provide temporary facilities and controls needed for the Work including, but not 6 necessarily limited to: 7 a. Temporary utilities 8 b. Sanitary facilities 9 c. Storage Sheds and Buildings 10 d. Dust control 11 e. Temporary fencing of the construction site 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. Temporary Utilities 24 1. Obtaining Temporary Service 25 a. Make arrangements with utility service companies for temporary services. 26 b. Abide by rules and regulations of utility service companies or authorities 27 having jurisdiction. 28 c. Be responsible for utility service costs until Work is approved for Final 29 Acceptance. 30 1) Included are fuel, power, light, heat and other utility services necessary for 31 execution, completion, testing and initial operation of Work. 32 2. Water 33 a. Contractor to provide water required for and in connection with Work to be 34 performed and for specified tests of piping, equipment, devices or other use as 35 required for the completion of the Work. 36 b. Provide and maintain adequate supply of potable water for domestic 37 consumption by Contractor personnel and City’s Project Representatives. 38 c. Coordination 39 1) Contact City 1 week before water for construction is desired 40 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised JULY 1, 2011 d. Contractor Payment for Construction Water 1 1) Obtain construction water meter from City for payment as billed by City’s 2 established rates. 3 3. Electricity and Lighting 4 a. Provide and pay for electric powered service as required for Work, including 5 testing of Work. 6 1) Provide power for lighting, operation of equipment, or other use. 7 b. Electric power service includes temporary power service or generator to 8 maintain operations during scheduled shutdown. 9 4. Telephone 10 a. Provide emergency telephone service at Site for use by Contractor personnel 11 and others performing work or furnishing services at Site. 12 5. Temporary Heat and Ventilation 13 a. Provide temporary heat as necessary for protection or completion of Work. 14 b. Provide temporary heat and ventilation to assure safe working conditions. 15 B. Sanitary Facilities 16 1. Provide and maintain sanitary facilities for persons on Site. 17 a. Comply with regulations of State and local departments of health. 18 2. Enforce use of sanitary facilities by construction personnel at job site. 19 a. Enclose and anchor sanitary facilities. 20 b. No discharge will be allowed from these facilities. 21 c. Collect and store sewage and waste so as not to cause nuisance or health 22 problem. 23 d. Haul sewage and waste off-site at no less than weekly intervals and properly 24 dispose in accordance with applicable regulation. 25 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 26 4. Remove facilities at completion of Project 27 C. Storage Sheds and Buildings 28 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 29 above ground level for materials and equipment susceptible to weather damage. 30 2. Storage of materials not susceptible to weather damage may be on blocks off 31 ground. 32 3. Store materials in a neat and orderly manner. 33 a. Place materials and equipment to permit easy access for identification, 34 inspection and inventory. 35 4. Equip building with lockable doors and lighting, and provide electrical service for 36 equipment space heaters and heating or ventilation as necessary to provide storage 37 environments acceptable to specified manufacturers. 38 5. Fill and grade site for temporary structures to provide drainage away from 39 temporary and existing buildings. 40 6. Remove building from site prior to Final Acceptance. 41 D. Temporary Fencing 42 1. Provide and maintain for the duration or construction when required in contract 43 documents 44 E. Dust Control 45 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised JULY 1, 2011 1. Contractor is responsible for maintaining dust control through the duration of the 1 project. 2 a. Contractor remains on-call at all times 3 b. Must respond in a timely manner 4 F. Temporary Protection of Construction 5 1. Contractor or subcontractors are responsible for protecting Work from damage due 6 to weather. 7 1.5 SUBMITTALS [NOT USED] 8 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 9 1.7 CLOSEOUT SUBMITTALS [NOT USED] 10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11 1.9 QUALITY ASSURANCE [NOT USED] 12 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 13 1.11 FIELD [SITE] CONDITIONS [NOT USED] 14 1.12 WARRANTY [NOT USED] 15 PART 2 - PRODUCTS [NOT USED] 16 PART 3 - EXECUTION [NOT USED] 17 3.1 INSTALLERS [NOT USED] 18 3.2 EXAMINATION [NOT USED] 19 3.3 PREPARATION [NOT USED] 20 3.4 INSTALLATION 21 A. Temporary Facilities 22 1. Maintain all temporary facilities for duration of construction activities as needed. 23 3.5 [REPAIR] / [RESTORATION] 24 3.6 RE-INSTALLATION 25 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 26 3.8 SYSTEM STARTUP [NOT USED] 27 3.9 ADJUSTING [NOT USED] 28 3.10 CLEANING [NOT USED] 29 3.11 CLOSEOUT ACTIVITIES 30 A. Temporary Facilities 31 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised JULY 1, 2011 1. Remove all temporary facilities and restore area after completion of the Work, to a 1 condition equal to or better than prior to start of Work. 2 3.12 PROTECTION [NOT USED] 3 3.13 MAINTENANCE [NOT USED] 4 3.14 ATTACHMENTS [NOT USED] 5 END OF SECTION 6 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 Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised July 1, 2011 SECTION 01 55 26 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Administrative procedures for: 6 a. Street Use Permit 7 b. Modification of approved traffic control 8 c. Removal of Street Signs 9 B. Deviations from this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 – General Requirements 14 3. Section 34 71 13 – Traffic Control 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various Items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Reference Standards 21 1. Reference standards cited in this specification refer to the current reference standard 22 published at the time of the latest revision date logged at the end of this 23 specification, unless a date is specifically cited. 24 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 25 1.4 ADMINISTRATIVE REQUIREMENTS 26 A. Traffic Control 27 1. General 28 a. When traffic control plans are included in the Drawings, provide Traffic 29 Control in accordance with Drawings and Section 34 71 13. 30 b. When traffic control plans are not included in the Drawings, prepare traffic 31 control plans in accordance with Section 34 71 13 and submit to City for 32 review. 33 1) Allow minimum 10 working days for review of proposed Traffic Control. 34 B. Street Use Permit 35 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 36 a. To obtain Street Use Permit, submit Traffic Control Plans to City 37 Transportation and Public Works Department. 38 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised July 1, 2011 1) Allow a minimum of 5 working days for permit review. 1 2) Contractor’s responsibility to coordinate review of Traffic Control plans for 2 Street Use Permit, such that construction is not delayed. 3 C. Modification to Approved Traffic Control 4 1. Prior to installation traffic control: 5 a. Submit revised traffic control plans to City Department Transportation and 6 Public Works Department. 7 1) Revise Traffic Control plans in accordance with Section 34 71 13. 8 2) Allow minimum 5 working days for review of revised Traffic Control. 9 3) It is the Contractor’s responsibility to coordinate review of Traffic Control 10 plans for Street Use Permit, such that construction is not delayed. 11 D. Removal of Street Sign 12 1. If it is determined that a street sign must be removed for construction, then contact 13 City Transportation and Public Works Department, Signs and Markings Division to 14 remove the sign. 15 E. Temporary Signage 16 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 17 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 18 Devices (MUTCD). 19 2. Install temporary sign before the removal of permanent sign. 20 3. When construction is complete, to the extent that the permanent sign can be 21 reinstalled, contact the City Transportation and Public Works Department, Signs 22 and Markings Division, to reinstall the permanent sign. 23 F. Traffic Control Standards 24 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2 - PRODUCTS [NOT USED] 34 PART 3 - EXECUTION [NOT USED] 35 END OF SECTION 36 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 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 Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised July 1, 2011 SECTION 01 57 13 1 STORM WATER POLLUTION PREVENTION 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Procedures for Storm Water Pollution Prevention Plans 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the 10 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. 37 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised July 1, 2011 B. Construction Activities resulting in: 1 1. Less than 1 acre of disturbance 2 a. Provide erosion and sediment control in accordance with Section 31 25 00 and 3 Drawings. 4 2. 1 to less than 5 acres of disturbance 5 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 6 Permit is required 7 b. Complete SWPPP in accordance with TCEQ requirements 8 1) TCEQ Small Construction Site Notice Required under general permit 9 TXR150000 10 a) Sign and post at job site 11 b) Prior to Preconstruction Meeting, send 1 copy to City Department of 12 Transportation and Public Works, Environmental Division, (817) 392-13 6088. 14 2) Provide erosion and sediment control in accordance with: 15 a) Section 31 25 00 16 b) The Drawings 17 c) TXR150000 General Permit 18 d) SWPPP 19 e) TCEQ requirements 20 3. 5 acres or more of Disturbance 21 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 22 Permit is required 23 b. Complete SWPPP in accordance with TCEQ requirements 24 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 25 a) Sign and post at job site 26 b) Send copy to City Department of Transportation and Public Works, 27 Environmental Division, (817) 392-6088. 28 2) TCEQ Notice of Change required if making changes or updates to NOI 29 3) Provide erosion and sediment control in accordance with: 30 a) Section 31 25 00 31 b) The Drawings 32 c) TXR150000 General Permit 33 d) SWPPP 34 e) TCEQ requirements 35 4) Once the project has been completed and all the closeout requirements of 36 TCEQ have been met a TCEQ Notice of Termination can be submitted. 37 a) Send copy to City Department of Transportation and Public Works, 38 Environmental Division, (817) 392-6088. 39 1.5 SUBMITTALS 40 A. SWPPP 41 1. Submit in accordance with Section 01 33 00, except as stated herein. 42 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 43 as follows: 44 1) 1 copy to the City Project Manager 45 a) City Project Manager will forward to the City Department of 46 Transportation and Public Works, Environmental Division for review 47 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised July 1, 2011 B. Modified SWPPP 1 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 2 in accordance with Section 01 33 00. 3 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 4 1.7 CLOSEOUT SUBMITTALS [NOT USED] 5 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 6 1.9 QUALITY ASSURANCE [NOT USED] 7 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 8 1.11 FIELD [SITE] CONDITIONS [NOT USED] 9 1.12 WARRANTY [NOT USED] 10 PART 2 - PRODUCTS [NOT USED] 11 PART 3 - EXECUTION [NOT USED] 12 END OF SECTION 13 14 Revision Log DATE NAME SUMMARY OF CHANGE 15 01 58 13 - 1 DAP TEMPORARY PROJECT SIGNAGE Page 1 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 SECTION 01 58 13 1 TEMPORARY PROJECT SIGNAGE 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Temporary Project Signage Requirements 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various Items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 17 1.5 SUBMITTALS [NOT USED] 18 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 19 1.7 CLOSEOUT SUBMITTALS [NOT USED] 20 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 21 1.9 QUALITY ASSURANCE [NOT USED] 22 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 23 1.11 FIELD [SITE] CONDITIONS [NOT USED] 24 1.12 WARRANTY [NOT USED] 25 PART 2 - PRODUCTS 26 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 27 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS 28 A. Design Criteria 29 1. Provide free standing Project Designation Sign in accordance with City’s Standard 30 Details for project signs. 31 01 58 13 - 2 DAP TEMPORARY PROJECT SIGNAGE Page 2 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 B. Materials 1 1. Sign 2 a. Constructed of ¾-inch fir plywood, grade A-C (exterior) or better 3 2.3 ACCESSORIES [NOT USED] 4 2.4 SOURCE QUALITY CONTROL [NOT USED] 5 PART 3 - EXECUTION 6 3.1 INSTALLERS [NOT USED] 7 3.2 EXAMINATION [NOT USED] 8 3.3 PREPARATION [NOT USED] 9 3.4 INSTALLATION 10 A. General 11 1. Provide vertical installation at extents of project. 12 2. Relocate sign as needed, upon request of the City. 13 B. Mounting options 14 a. Skids 15 b. Posts 16 c. Barricade 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 26 A. General 27 1. Maintenance will include painting and repairs as needed or directed by the City. 28 3.14 ATTACHMENTS [NOT USED] 29 END OF SECTION 30 31 01 58 13 - 3 DAP TEMPORARY PROJECT SIGNAGE Page 3 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M. Domenech Revised for DAP application 2 3 01 60 00 - 1 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 SECTION 01 60 00 1 PRODUCT REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. References for Product Requirements and City Standard Products List 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 12 1.3 REFERENCES [NOT USED] 13 1.4 ADMINISTRATIVE REQUIREMENTS 14 A. A list of City approved products for use is located on Buzzsaw as follows: 15 1. Resources\02 - Construction Documents\Standard Products List 16 B. Only products specifically included on City’s Standard Product List in these Contract 17 Documents shall be allowed for use on the Project. 18 1. Any subsequently approved products will only be allowed for use upon specific 19 approval by the City. 20 C. Any specific product requirements in the Contract Documents supersede similar 21 products included on the City’s Standard Product List. 22 1. The City reserves the right to not allow products to be used for certain projects even 23 though the product is listed on the City’s Standard Product List. 24 D. Although a specific product is included on City’s Standard Product List, not all 25 products from that manufacturer are approved for use, including but not limited to, that 26 manufacturer’s standard product. 27 E. See Section 01 33 00 for submittal requirements of Product Data included on City’s 28 Standard Product List. 29 1.5 SUBMITTALS [NOT USED] 30 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 31 1.7 CLOSEOUT SUBMITTALS [NOT USED] 32 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 33 1.9 QUALITY ASSURANCE [NOT USED] 34 01 60 00 - 2 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION [NOT USED] 5 END OF SECTION 6 7 Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 8 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 SECTION 01 66 00 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Scheduling of product delivery 6 2. Packaging of products for delivery 7 3. Protection of products against damage from: 8 a. Handling 9 b. Exposure to elements or harsh environments 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 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various Items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES [NOT USED] 20 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 21 1.5 SUBMITTALS [NOT USED] 22 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 23 1.7 CLOSEOUT SUBMITTALS [NOT USED] 24 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 25 1.9 QUALITY ASSURANCE [NOT USED] 26 1.10 DELIVERY AND HANDLING 27 A. Delivery Requirements 28 1. Schedule delivery of products or equipment as required to allow timely installation 29 and to avoid prolonged storage. 30 2. Provide appropriate personnel and equipment to receive deliveries. 31 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 32 for personnel or equipment to receive the delivery. 33 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 1 containers designed and constructed to protect the contents from physical or 2 environmental damage. 3 5. Clearly and fully mark and identify as to manufacturer, item and installation 4 location. 5 6. Provide manufacturer's instructions for storage and handling. 6 B. Handling Requirements 7 1. Handle products or equipment in accordance with these Contract Documents and 8 manufacturer’s recommendations and instructions. 9 C. Storage Requirements 10 1. Store materials in accordance with manufacturer’s recommendations and 11 requirements of these Specifications. 12 2. Make necessary provisions for safe storage of materials and equipment. 13 a. Place loose soil materials and materials to be incorporated into Work to prevent 14 damage to any part of Work or existing facilities and to maintain free access at 15 all times to all parts of Work and to utility service company installations in 16 vicinity of Work. 17 3. Keep materials and equipment neatly and compactly stored in locations that will 18 cause minimum inconvenience to other contractors, public travel, adjoining owners, 19 tenants and occupants. 20 a. Arrange storage to provide easy access for inspection. 21 4. Restrict storage to areas available on construction site for storage of material and 22 equipment as shown on Drawings, or approved by City’s Project Representative. 23 5. Provide off-site storage and protection when on-site storage is not adequate. 24 a. Provide addresses of and access to off-site storage locations for inspection by 25 City’s Project Representative. 26 6. Do not use lawns, grass plots or other private property for storage purposes without 27 written permission of owner or other person in possession or control of premises. 28 7. Store in manufacturers’ unopened containers. 29 8. Neatly, safely and compactly stack materials delivered and stored along line of 30 Work to avoid inconvenience and damage to property owners and general public 31 and maintain at least 3 feet from fire hydrant. 32 9. Keep public and private driveways and street crossings open. 33 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 34 satisfaction of City’s Project Representative. 35 a. Total length which materials may be distributed along route of construction at 36 one time is 1,000 linear feet, unless otherwise approved in writing by City’s 37 Project Representative. 38 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION [NOT USED] 6 3.3 PREPARATION [NOT USED] 7 3.4 ERECTION [NOT USED] 8 3.5 REPAIR / RESTORATION [NOT USED] 9 3.6 RE-INSTALLATION [NOT USED] 10 3.7 FIELD [OR] SITE QUALITY CONTROL 11 A. Tests and Inspections 12 1. Inspect all products or equipment delivered to the site prior to unloading. 13 B. Non-Conforming Work 14 1. Reject all products or equipment that are damaged, used or in any other way 15 unsatisfactory for use on the project. 16 3.8 SYSTEM STARTUP [NOT USED] 17 3.9 ADJUSTING [NOT USED] 18 3.10 CLEANING [NOT USED] 19 3.11 CLOSEOUT ACTIVITIES [NOT USED] 20 3.12 PROTECTION 21 A. Protect all products or equipment in accordance with manufacturer's written directions. 22 B. Store products or equipment in location to avoid physical damage to items while in 23 storage. 24 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 25 the manufacturer. 26 3.13 MAINTENANCE [NOT USED] 27 3.14 ATTACHMENTS [NOT USED] 28 END OF SECTION 29 30 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 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 Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 SECTION 01 70 00 1 MOBILIZATION AND REMOBILIZATION 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Mobilization and Demobilization 6 a. Mobilization 7 1) Transportation of Contractor’s personnel, equipment, and operating supplies 8 to the Site 9 2) Establishment of necessary general facilities for the Contractor’s operation 10 at the Site 11 3) Premiums paid for performance and payment bonds 12 4) Transportation of Contractor’s personnel, equipment, and operating supplies 13 to another location within the designated Site 14 5) Relocation of necessary general facilities for the Contractor’s operation 15 from 1 location to another location on the Site. 16 b. Demobilization 17 1) Transportation of Contractor’s personnel, equipment, and operating supplies 18 away from the Site including disassembly 19 2) Site Clean-up 20 3) Removal of all buildings and/or other facilities assembled at the Site for this 21 Contract 22 c. Mobilization and Demobilization do not include activities for specific items of 23 work that are for which payment is provided elsewhere in the contract. 24 2. Remobilization 25 a. Remobilization for Suspension of Work specifically required in the Contract 26 Documents or as required by City includes: 27 1) Demobilization 28 a) Transportation of Contractor’s personnel, equipment, and operating 29 supplies from the Site including disassembly or temporarily securing 30 equipment, supplies, and other facilities as designated by the Contract 31 Documents necessary to suspend the Work. 32 b) Site Clean-up as designated in the Contract Documents 33 2) Remobilization 34 a) Transportation of Contractor’s personnel, equipment, and operating 35 supplies to the Site necessary to resume the Work. 36 b) Establishment of necessary general facilities for the Contractor’s 37 operation at the Site necessary to resume the Work. 38 3) No Payments will be made for: 39 a) Mobilization and Demobilization from one location to another on the 40 Site in the normal progress of performing the Work. 41 b) Stand-by or idle time 42 c) Lost profits 43 3. Mobilizations and Demobilization for Miscellaneous Projects 44 a. Mobilization and Demobilization 45 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1) Mobilization shall consist of the activities and cost on a Work Order basis 1 necessary for: 2 a) Transportation of Contractor’s personnel, equipment, and operating 3 supplies to the Site for the issued Work Order. 4 b) Establishment of necessary general facilities for the Contractor’s 5 operation at the Site for the issued Work Order 6 2) Demobilization shall consist of the activities and cost necessary for: 7 a) Transportation of Contractor’s personnel, equipment, and operating 8 supplies from the Site including disassembly for each issued Work 9 Order 10 b) Site Clean-up for each issued Work Order 11 c) Removal of all buildings or other facilities assembled at the Site for 12 each Work Oder 13 b. Mobilization and Demobilization do not include activities for specific items of 14 work for which payment is provided elsewhere in the contract. 15 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 16 a. A Mobilization for Miscellaneous Projects when directed by the City and the 17 mobilization occurs within 24 hours of the issuance of the Work Order. 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None. 20 C. Related Specification Sections include, but are not necessarily limited to: 21 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1 – General Requirements 23 1.2 PRICE AND PAYMENT PROCEDURES 24 A. Measurement and Payment 25 1. Mobilization and Demobilization 26 a. Measure 27 1) This Item is considered subsidiary to the various Items bid. 28 b. Payment 29 1) The work performed and materials furnished in accordance with this Item 30 are subsidiary to the various Items bid and no other compensation will be 31 allowed. 32 2. Remobilization for suspension of Work as specifically required in the Contract 33 Documents 34 a. Measurement 35 1) Measurement for this Item shall be per each remobilization performed. 36 b. Payment 37 1) The work performed and materials furnished in accordance with this Item 38 and measured as provided under “Measurement” will be paid for at the unit 39 price per each “Specified Remobilization” in accordance with Contract 40 Documents. 41 c. The price shall include: 42 1) Demobilization as described in Section 1.1.A.2.a.1) 43 2) Remobilization as described in Section 1.1.A.2.a.2) 44 d. No payments will be made for standby, idle time, or lost profits associated this 45 Item. 46 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 3. Remobilization for suspension of Work as required by City 1 a. Measurement and Payment 2 1) This shall be submitted as a Contract Claim in accordance with Article 10 3 of Section 00 72 00. 4 2) No payments will be made for standby, idle time, or lost profits associated 5 with this Item. 6 4. Mobilizations and Demobilizations for Miscellaneous Projects 7 a. Measurement 8 1) Measurement for this Item shall be for each Mobilization and 9 Demobilization required by the Contract Documents 10 b. Payment 11 1) The Work performed and materials furnished in accordance with this Item 12 and measured as provided under “Measurement” will be paid for at the unit 13 price per each “Work Order Mobilization” in accordance with Contract 14 Documents. Demobilization shall be considered subsidiary to mobilization 15 and shall not be paid for separately. 16 c. The price shall include: 17 1) Mobilization as described in Section 1.1.A.3.a.1) 18 2) Demobilization as described in Section 1.1.A.3.a.2) 19 d. No payments will be made for standby, idle time, or lost profits associated this 20 Item. 21 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 22 a. Measurement 23 1) Measurement for this Item shall be for each Mobilization and 24 Demobilization required by the Contract Documents 25 b. Payment 26 1) The Work performed and materials furnished in accordance with this Item 27 and measured as provided under “Measurement” will be paid for at the unit 28 price per each “Work Order Emergency Mobilization” in accordance with 29 Contract Documents. Demobilization shall be considered subsidiary to 30 mobilization and shall not be paid for separately. 31 c. The price shall include 32 1) Mobilization as described in Section 1.1.A.4.a) 33 2) Demobilization as described in Section 1.1.A.3.a.2) 34 d. No payments will be made for standby, idle time, or lost profits associated this 35 Item. 36 1.3 REFERENCES [NOT USED] 37 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 38 1.5 SUBMITTALS [NOT USED] 39 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 40 1.7 CLOSEOUT SUBMITTALS [NOT USED] 41 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 42 1.9 QUALITY ASSURANCE [NOT USED] 43 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 44 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION [NOT USED] 4 END OF SECTION 5 6 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 7 01 71 23 - 1 DAP CONSTRUCTION STAKING AND SURVEY Page 1 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 SECTION 01 71 23 1 CONSTRUCTION STAKING AND SURVEY 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Requirements for construction staking and construction survey 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Construction Staking 14 a. Measurement 15 1) This Item is considered subsidiary to the various Items bid. 16 b. Payment 17 1) The work performed and the materials furnished in accordance with this 18 Item are subsidiary to the various Items bid and no other compensation will 19 be allowed. 20 2. Construction Survey 21 a. Measurement 22 1) This Item is considered subsidiary to the various Items bid. 23 b. Payment 24 1) The work performed and the materials furnished in accordance with this 25 Item are subsidiary to the various Items bid and no other compensation will 26 be allowed. 27 1.3 REFERENCES [NOT USED] 28 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 29 1.5 SUBMITTALS 30 A. Submittals, if required, shall be in accordance with Section 01 33 00. 31 B. All submittals shall be approved by the City prior to delivery. 32 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 33 A. Certificates 34 1. Provide certificate certifying that elevations and locations of improvements are in 35 conformance or non-conformance with requirements of the Contract Documents. 36 a. Certificate must be sealed by a registered professional land surveyor in the 37 State of Texas. 38 01 71 23 - 2 DAP CONSTRUCTION STAKING AND SURVEY Page 2 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 B. Field Quality Control Submittals 1 1. Documentation verifying accuracy of field engineering work. 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE 5 A. Construction Staking 6 1. Construction staking will be performed by the City. 7 2. Coordination 8 a. Contact City’s Project Representative at least 2 weeks in advance for 9 scheduling of Construction Staking. 10 b. It is the Contractor’s responsibility to coordinate staking such that construction 11 activities are not delayed or negatively impacted. 12 3. General 13 a. Contractor is responsible for preserving and maintaining stakes furnished by 14 City. 15 b. If in the opinion of the City, a sufficient number of stakes or markings have 16 been lost, destroyed or disturbed, by Contractor’s neglect, such that the 17 contracted Work cannot take place, then the Contractor will be required to pay 18 the City for new staking with a 25 percent markup. The cost for staking will be 19 deducted from the payment due to the Contractor for the Project. 20 B. Construction Survey 21 1. Construction Survey will be performed by the City. 22 2. Coordination 23 a. Contractor to verify that control data established in the design survey remains 24 intact. 25 b. Coordinate with the City prior to field investigation to determine which 26 horizontal and vertical control data will be required for construction survey. 27 c. It is the Contractor’s responsibility to coordinate Construction Survey such that 28 construction activities are not delayed or negatively impacted. 29 d. Notify City if any control data needs to be restored or replaced due to damage 30 caused during construction operations. 31 1) City shall perform replacements and/or restorations. 32 3. General 33 a. Construction survey will be performed in order to maintain complete and 34 accurate logs of control and survey work as it progresses for Project Records. 35 b. The Contractor will need to ensure coordination is maintained with the City to 36 perform construction survey to obtain construction features, including but not 37 limited to the following: 38 1) All Utility Lines 39 a) Rim and flowline elevations and coordinates for each manhole or 40 junction structure 41 2) Water Lines 42 a) Top of pipe elevations and coordinates for waterlines at the following 43 locations: 44 (1) Every 250 linear feet 45 01 71 23 - 3 DAP CONSTRUCTION STAKING AND SURVEY Page 3 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 (2) Horizontal and vertical points of inflection, curvature, etc. (All 1 Fittings) 2 (3) Cathodic protection test stations 3 (4) Sampling stations 4 (5) Meter boxes/vaults (All sizes) 5 (6) Fire lines 6 (7) Fire hydrants 7 (8) Gate valves 8 (9) Plugs, stubouts, dead-end lines 9 (10) Air Release valves (Manhole rim and vent pipe) 10 (11) Blow off valves (Manhole rim and valve lid) 11 (12) Pressure plane valves 12 (13) Cleaning wyes 13 (14) Casing pipe (each end) 14 b) Storm Sewer 15 (1) Top of pipe elevations and coordinates at the following locations: 16 (a) Every 250 linear feet 17 (b) Horizontal and vertical points of inflection, curvature, etc. 18 c) Sanitary Sewer 19 (1) Top of pipe elevations and coordinates for sanitary sewer lines at 20 the following locations: 21 (a) Every 250 linear feet 22 (b) Horizontal and vertical points of inflection, curvature, etc. 23 (c) Cleanouts 24 c. Construction survey will be performed in order to maintain complete and 25 accurate logs of control and survey work associated with meeting or exceeding 26 the line and grade required by these Specifications. 27 d. The Contractor will need to ensure coordination is maintained with the City to 28 perform construction survey and to verify control data, including but not 29 limited to the following: 30 1) Established benchmarks and control points provided for the Contractor’s 31 use are accurate 32 2) Benchmarks were used to furnish and maintain all reference lines and 33 grades for tunneling 34 3) Lines and grades were used to establish the location of the pipe 35 4) Submit to the City copies of field notes used to establish all lines and 36 grades and allow the City to check guidance system setup prior to 37 beginning each tunneling drive. 38 5) Provide access for the City to verify the guidance system and the line and 39 grade of the carrier pipe on a daily basis. 40 6) The Contractor remains fully responsible for the accuracy of the work and 41 the correction of it, as required. 42 7) Monitor line and grade continuously during construction. 43 8) Record deviation with respect to design line and grade once at each pipe 44 joint and submit daily records to City. 45 9) If the installation does not meet the specified tolerances, immediately notify 46 the City and correct the installation in accordance with the Contract 47 Documents. 48 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 49 01 71 23 - 4 DAP CONSTRUCTION STAKING AND SURVEY Page 4 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION [NOT USED] 6 3.3 PREPARATION [NOT USED] 7 3.4 APPLICATION 8 3.5 REPAIR / RESTORATION [NOT USED] 9 3.6 RE-INSTALLATION [NOT USED] 10 3.7 FIELD [OR] SITE QUALITY CONTROL 11 A. It is the Contractor’s responsibility to maintain all stakes and control data placed by the 12 City in accordance with this Specification. 13 B. Do not change or relocate stakes or control data without approval from the City. 14 3.8 SYSTEM STARTUP [NOT USED] 15 3.9 ADJUSTING [NOT USED] 16 3.10 CLEANING [NOT USED] 17 3.11 CLOSEOUT ACTIVITIES [NOT USED] 18 3.12 PROTECTION [NOT USED] 19 3.13 MAINTENANCE [NOT USED] 20 3.14 ATTACHMENTS [NOT USED] 21 END OF SECTION 22 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 Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 SECTION 01 74 23 1 CLEANING 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Intermediate and final cleaning for Work not including special cleaning of closed 6 systems specified elsewhere 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 32 92 13 – Hydro-Mulching, Seeding and Sodding 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. Scheduling 20 1. Schedule cleaning operations so that dust and other contaminants disturbed by 21 cleaning process will not fall on newly painted surfaces. 22 2. Schedule final cleaning upon completion of Work and immediately prior to final 23 inspection. 24 1.5 SUBMITTALS [NOT USED] 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE [NOT USED] 29 1.10 STORAGE, AND HANDLING 30 A. Storage and Handling Requirements 31 1. Store cleaning products and cleaning wastes in containers specifically designed for 32 those materials. 33 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS 3 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 4 2.2 MATERIALS 5 A. Cleaning Agents 6 1. Compatible with surface being cleaned 7 2. New and uncontaminated 8 3. For manufactured surfaces 9 a. Material recommended by manufacturer 10 2.3 ACCESSORIES [NOT USED] 11 2.4 SOURCE QUALITY CONTROL [NOT USED] 12 PART 3 - EXECUTION 13 3.1 INSTALLERS [NOT USED] 14 3.2 EXAMINATION [NOT USED] 15 3.3 PREPARATION [NOT USED] 16 3.4 APPLICATION [NOT USED] 17 3.5 REPAIR / RESTORATION [NOT USED] 18 3.6 RE-INSTALLATION [NOT USED] 19 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING 23 A. General 24 1. Prevent accumulation of wastes that create hazardous conditions. 25 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 26 governing authorities. 27 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 28 storm or sanitary drains or sewers. 29 4. Dispose of degradable debris at an approved solid waste disposal site. 30 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 31 alternate manner approved by City and regulatory agencies. 32 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 6. Handle materials in a controlled manner with as few handlings as possible. 1 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 2 this project. 3 8. Remove all signs of temporary construction and activities incidental to construction 4 of required permanent Work. 5 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 6 have the cleaning completed at the expense of the Contractor. 7 10. Do not burn on-site. 8 B. Intermediate Cleaning during Construction 9 1. Keep Work areas clean so as not to hinder health, safety or convenience of 10 personnel in existing facility operations. 11 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 12 3. Confine construction debris daily in strategically located container(s): 13 a. Cover to prevent blowing by wind 14 b. Store debris away from construction or operational activities 15 c. Haul from site at a minimum of once per week 16 4. Vacuum clean interior areas when ready to receive finish painting. 17 a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 18 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 19 may become airborne or transported by flowing water during the storm. 20 C. Exterior (Site or Right of Way) Final Cleaning 21 1. Remove trash and debris containers from site. 22 a. Re-seed areas disturbed by location of trash and debris containers in accordance 23 with Section 32 92 13. 24 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 25 that may hinder or disrupt the flow of traffic along the roadway. 26 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 27 junction boxes and inlets. 28 4. If no longer required for maintenance of erosion facilities, and upon approval by 29 City, remove erosion control from site. 30 5. Clean signs, lights, signals, etc. 31 3.11 CLOSEOUT ACTIVITIES [NOT USED] 32 3.12 PROTECTION [NOT USED] 33 3.13 MAINTENANCE [NOT USED] 34 3.14 ATTACHMENTS [NOT USED] 35 36 37 38 39 40 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 END OF SECTION 1 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 Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 SECTION 01 77 19 1 CLOSEOUT REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedure for closing out a contract 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various Items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Guarantees, Bonds and Affidavits 18 1. No application for final payment will be accepted until all guarantees, bonds, 19 certificates, licenses and affidavits required for Work or equipment as specified are 20 satisfactorily filed with the City. 21 B. Release of Liens or Claims 22 1. No application for final payment will be accepted until satisfactory evidence of 23 release of liens has been submitted to the City. 24 1.5 SUBMITTALS 25 A. Submit all required documentation to City’s Project Representative. 26 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1 1.7 CLOSEOUT SUBMITTALS [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION [NOT USED] 6 3.3 PREPARATION [NOT USED] 7 3.4 CLOSEOUT PROCEDURE 8 A. Prior to requesting Final Inspection, submit: 9 1. Project Record Documents in accordance with Section 01 78 39 10 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 11 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 12 01 74 23. 13 C. Final Inspection 14 1. After final cleaning, provide notice to the City Project Representative that the Work 15 is completed. 16 a. The City will make an initial Final Inspection with the Contractor present. 17 b. Upon completion of this inspection, the City will notify the Contractor, in 18 writing within 10 business days, of any particulars in which this inspection 19 reveals that the Work is defective or incomplete. 20 2. Upon receiving written notice from the City, immediately undertake the Work 21 required to remedy deficiencies and complete the Work to the satisfaction of the 22 City. 23 3. Upon completion of Work associated with the items listed in the City's written 24 notice, inform the City, that the required Work has been completed. Upon receipt 25 of this notice, the City, in the presence of the Contractor, will make a subsequent 26 Final Inspection of the project. 27 4. Provide all special accessories required to place each item of equipment in full 28 operation. These special accessory items include, but are not limited to: 29 a. Specified spare parts 30 b. Adequate oil and grease as required for the first lubrication of the equipment 31 c. Initial fill up of all chemical tanks and fuel tanks 32 d. Light bulbs 33 e. Fuses 34 f. Vault keys 35 g. Handwheels 36 h. Other expendable items as required for initial start-up and operation of all 37 equipment 38 D. Notice of Project Completion 39 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1. Once the City Project Representative finds the Work subsequent to Final Inspection 1 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 2 E. Supporting Documentation 3 1. Coordinate with the City Project Representative to complete the following 4 additional forms: 5 a. Final Payment Request 6 b. Statement of Contract Time 7 c. Affidavit of Payment and Release of Liens 8 d. Consent of Surety to Final Payment 9 e. Pipe Report (if required) 10 f. Contractor’s Evaluation of City 11 g. Performance Evaluation of Contractor 12 F. Letter of Final Acceptance 13 1. Upon review and acceptance of Notice of Project Completion and Supporting 14 Documentation, in accordance with General Conditions, City will issue Letter of 15 Final Acceptance and release the Final Payment Request for payment. 16 3.5 REPAIR / RESTORATION [NOT USED] 17 3.6 RE-INSTALLATION [NOT USED] 18 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 19 3.8 SYSTEM STARTUP [NOT USED] 20 3.9 ADJUSTING [NOT USED] 21 3.10 CLEANING [NOT USED] 22 3.11 CLOSEOUT ACTIVITIES [NOT USED] 23 3.12 PROTECTION [NOT USED] 24 3.13 MAINTENANCE [NOT USED] 25 3.14 ATTACHMENTS [NOT USED] 26 END OF SECTION 27 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 Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 SECTION 01 78 23 1 OPERATION AND MAINTENANCE DATA 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Product data and related information appropriate for City's maintenance and 6 operation of products furnished under Contract 7 2. Such products may include, but are not limited to: 8 a. Traffic Controllers 9 b. Irrigation Controllers (to be operated by the City) 10 c. Butterfly Valves 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 22 A. Schedule 23 1. Submit manuals in final form to the City within 30 calendar days of product 24 shipment to the project site. 25 1.5 SUBMITTALS 26 A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be 27 approved by the City prior to delivery. 28 1.6 INFORMATIONAL SUBMITTALS 29 A. Submittal Form 30 1. Prepare data in form of an instructional manual for use by City personnel. 31 2. Format 32 a. Size: 8 ½ inches x 11 inches 33 b. Paper 34 1) 40 pound minimum, white, for typed pages 35 2) Holes reinforced with plastic, cloth or metal 36 c. Text: Manufacturer’s printed data, or neatly typewritten 37 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 d. Drawings 1 1) Provide reinforced punched binder tab, bind in with text 2 2) Reduce larger drawings and fold to size of text pages. 3 e. Provide fly-leaf for each separate product, or each piece of operating 4 equipment. 5 1) Provide typed description of product, and major component parts of 6 equipment. 7 2) Provide indexed tabs. 8 f. Cover 9 1) Identify each volume with typed or printed title "OPERATING AND 10 MAINTENANCE INSTRUCTIONS". 11 2) List: 12 a) Title of Project 13 b) Identity of separate structure as applicable 14 c) Identity of general subject matter covered in the manual 15 3. Binders 16 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 17 b. When multiple binders are used, correlate the data into related consistent 18 groupings. 19 4. If available, provide an electronic form of the O&M Manual. 20 B. Manual Content 21 1. Neatly typewritten table of contents for each volume, arranged in systematic order 22 a. Contractor, name of responsible principal, address and telephone number 23 b. A list of each product required to be included, indexed to content of the volume 24 c. List, with each product: 25 1) The name, address and telephone number of the subcontractor or installer 26 2) A list of each product required to be included, indexed to content of the 27 volume 28 3) Identify area of responsibility of each 29 4) Local source of supply for parts and replacement 30 d. Identify each product by product name and other identifying symbols as set 31 forth in Contract Documents. 32 2. Product Data 33 a. Include only those sheets which are pertinent to the specific product. 34 b. Annotate each sheet to: 35 1) Clearly identify specific product or part installed 36 2) Clearly identify data applicable to installation 37 3) Delete references to inapplicable information 38 3. Drawings 39 a. Supplement product data with drawings as necessary to clearly illustrate: 40 1) Relations of component parts of equipment and systems 41 2) Control and flow diagrams 42 b. Coordinate drawings with information in Project Record Documents to assure 43 correct illustration of completed installation. 44 c. Do not use Project Record Drawings as maintenance drawings. 45 4. Written text, as required to supplement product data for the particular installation: 46 a. Organize in consistent format under separate headings for different procedures. 47 b. Provide logical sequence of instructions of each procedure. 48 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 5. Copy of each warranty, bond and service contract issued 1 a. Provide information sheet for City personnel giving: 2 1) Proper procedures in event of failure 3 2) Instances which might affect validity of warranties or bonds 4 C. Manual for Materials and Finishes 5 1. Submit 5 copies of complete manual in final form. 6 2. Content, for architectural products, applied materials and finishes: 7 a. Manufacturer's data, giving full information on products 8 1) Catalog number, size, composition 9 2) Color and texture designations 10 3) Information required for reordering special manufactured products 11 b. Instructions for care and maintenance 12 1) Manufacturer's recommendation for types of cleaning agents and methods 13 2) Cautions against cleaning agents and methods which are detrimental to 14 product 15 3) Recommended schedule for cleaning and maintenance 16 3. Content, for moisture protection and weather exposure products: 17 a. Manufacturer's data, giving full information on products 18 1) Applicable standards 19 2) Chemical composition 20 3) Details of installation 21 b. Instructions for inspection, maintenance and repair 22 D. Manual for Equipment and Systems 23 1. Submit 5 copies of complete manual in final form. 24 2. Content, for each unit of equipment and system, as appropriate: 25 a. Description of unit and component parts 26 1) Function, normal operating characteristics and limiting conditions 27 2) Performance curves, engineering data and tests 28 3) Complete nomenclature and commercial number of replaceable parts 29 b. Operating procedures 30 1) Start-up, break-in, routine and normal operating instructions 31 2) Regulation, control, stopping, shut-down and emergency instructions 32 3) Summer and winter operating instructions 33 4) Special operating instructions 34 c. Maintenance procedures 35 1) Routine operations 36 2) Guide to "trouble shooting" 37 3) Disassembly, repair and reassembly 38 4) Alignment, adjusting and checking 39 d. Servicing and lubrication schedule 40 1) List of lubricants required 41 e. Manufacturer's printed operating and maintenance instructions 42 f. Description of sequence of operation by control manufacturer 43 1) Predicted life of parts subject to wear 44 2) Items recommended to be stocked as spare parts 45 g. As installed control diagrams by controls manufacturer 46 h. Each contractor's coordination drawings 47 1) As installed color coded piping diagrams 48 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 i. Charts of valve tag numbers, with location and function of each valve 1 j. List of original manufacturer's spare parts, manufacturer's current prices, and 2 recommended quantities to be maintained in storage 3 k. Other data as required under pertinent Sections of Specifications 4 3. Content, for each electric and electronic system, as appropriate: 5 a. Description of system and component parts 6 1) Function, normal operating characteristics, and limiting conditions 7 2) Performance curves, engineering data and tests 8 3) Complete nomenclature and commercial number of replaceable parts 9 b. Circuit directories of panelboards 10 1) Electrical service 11 2) Controls 12 3) Communications 13 c. As installed color coded wiring diagrams 14 d. Operating procedures 15 1) Routine and normal operating instructions 16 2) Sequences required 17 3) Special operating instructions 18 e. Maintenance procedures 19 1) Routine operations 20 2) Guide to "trouble shooting" 21 3) Disassembly, repair and reassembly 22 4) Adjustment and checking 23 f. Manufacturer's printed operating and maintenance instructions 24 g. List of original manufacturer's spare parts, manufacturer's current prices, and 25 recommended quantities to be maintained in storage 26 h. Other data as required under pertinent Sections of Specifications 27 4. Prepare and include additional data when the need for such data becomes apparent 28 during instruction of City's personnel. 29 1.7 CLOSEOUT SUBMITTALS [NOT USED] 30 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 31 1.9 QUALITY ASSURANCE 32 A. Provide operation and maintenance data by personnel with the following criteria: 33 1. Trained and experienced in maintenance and operation of described products 34 2. Skilled as technical writer to the extent required to communicate essential data 35 3. Skilled as draftsman competent to prepare required drawings 36 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION [NOT USED] 5 END OF SECTION 6 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 Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 SECTION 01 78 39 1 PROJECT RECORD DOCUMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Work associated with the documenting the project and recording changes to project 6 documents, including: 7 a. Record Drawings 8 b. Water Meter Service Reports 9 c. Sanitary Sewer Service Reports 10 d. Large Water Meter Reports 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 23 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 24 City’s Project Representative. 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE 29 A. Accuracy of Records 30 1. Thoroughly coordinate changes within the Record Documents, making adequate 31 and proper entries on each page of Specifications and each sheet of Drawings and 32 other Documents where such entry is required to show the change properly. 33 2. Accuracy of records shall be such that future search for items shown in the Contract 34 Documents may rely reasonably on information obtained from the approved Project 35 Record Documents. 36 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 1 information that the change has occurred. 2 4. Provide factual information regarding all aspects of the Work, both concealed and 3 visible, to enable future modification of the Work to proceed without lengthy and 4 expensive site measurement, investigation and examination. 5 1.10 STORAGE AND HANDLING 6 A. Storage and Handling Requirements 7 1. Maintain the job set of Record Documents completely protected from deterioration 8 and from loss and damage until completion of the Work and transfer of all recorded 9 data to the final Project Record Documents. 10 2. In the event of loss of recorded data, use means necessary to again secure the data 11 to the City's approval. 12 a. In such case, provide replacements to the standards originally required by the 13 Contract Documents. 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS 17 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 18 2.2 RECORD DOCUMENTS 19 A. Job set 20 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 21 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 22 B. Final Record Documents 23 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 24 the City 1 complete set of all Final Record Drawings in the Contract. 25 2.3 ACCESSORIES [NOT USED] 26 2.4 SOURCE QUALITY CONTROL [NOT USED] 27 PART 3 - EXECUTION 28 3.1 INSTALLERS [NOT USED] 29 3.2 EXAMINATION [NOT USED] 30 3.3 PREPARATION [NOT USED] 31 3.4 MAINTENANCE DOCUMENTS 32 A. Maintenance of Job Set 33 1. Immediately upon receipt of the job set, identify each of the Documents with the 34 title, "RECORD DOCUMENTS - JOB SET". 35 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 2. Preservation 1 a. Considering the Contract completion time, the probable number of occasions 2 upon which the job set must be taken out for new entries and for examination, 3 and the conditions under which these activities will be performed, devise a 4 suitable method for protecting the job set. 5 b. Do not use the job set for any purpose except entry of new data and for review 6 by the City, until start of transfer of data to final Project Record Documents. 7 c. Maintain the job set at the site of work. 8 3. Coordination with Construction Survey 9 a. At a minimum clearly mark any deviations from Contract Documents 10 associated with installation of the infrastructure. 11 4. Making entries on Drawings 12 a. Record any deviations from Contract Documents. 13 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 14 change by graphic line and note as required. 15 c. Date all entries. 16 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 17 e. In the event of overlapping changes, use different colors for the overlapping 18 changes. 19 5. Conversion of schematic layouts 20 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 21 ducts, and similar items, are shown schematically and are not intended to 22 portray precise physical layout. 23 1) Final physical arrangement is determined by the Contractor, subject to the 24 City's approval. 25 2) However, design of future modifications of the facility may require 26 accurate information as to the final physical layout of items which are 27 shown only schematically on the Drawings. 28 b. Show on the job set of Record Drawings, by dimension accurate to within 1 29 inch, the centerline of each run of items. 30 1) Final physical arrangement is determined by the Contractor, subject to the 31 City's approval. 32 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 33 ceiling plenum", "exposed", and the like). 34 3) Make all identification sufficiently descriptive that it may be related 35 reliably to the Specifications. 36 c. The City may waive the requirements for conversion of schematic layouts 37 where, in the City's judgment, conversion serves no useful purpose. However, 38 do not rely upon waivers being issued except as specifically issued in writing 39 by the City. 40 B. Final Project Record Documents 41 1. Transfer of data to Drawings 42 a. Carefully transfer change data shown on the job set of Record Drawings to the 43 corresponding final documents, coordinating the changes as required. 44 b. Clearly indicate at each affected detail and other Drawing a full description of 45 changes made during construction, and the actual location of items. 46 c. Call attention to each entry by drawing a "cloud" around the area or areas 47 affected. 48 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 d. Make changes neatly, consistently and with the proper media to assure 1 longevity and clear reproduction. 2 2. Transfer of data to other Documents 3 a. If the Documents, other than Drawings, have been kept clean during progress of 4 the Work, and if entries thereon have been orderly to the approval of the City, 5 the job set of those Documents, other than Drawings, will be accepted as final 6 Record Documents. 7 b. If any such Document is not so approved by the City, secure a new copy of that 8 Document from the City at the City's usual charge for reproduction and 9 handling, and carefully transfer the change data to the new copy to the approval 10 of the City. 11 3.5 REPAIR / RESTORATION [NOT USED] 12 3.6 RE-INSTALLATION [NOT USED] 13 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 14 3.8 SYSTEM STARTUP [NOT USED] 15 3.9 ADJUSTING [NOT USED] 16 3.10 CLEANING [NOT USED] 17 3.11 CLOSEOUT ACTIVITIES [NOT USED] 18 3.12 PROTECTION [NOT USED] 19 3.13 MAINTENANCE [NOT USED] 20 3.14 ATTACHMENTS [NOT USED] 21 END OF SECTION 22 23 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application 24