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Home My WebLink AboutContract 55124-PM1CSC No. 55124-PM1 00 00 10- 1 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 1 of 4 CITY OF FORT WORTH Northpointe, Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656 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 Construct ion 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 Preconstr uction 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 Preventi on 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 Northpointe, Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656 Revised September 1, 2015 Technical Specifications which have been modified by the Engineer specifically for this 1 P roject ; hard copies are included in the Project ’s Contract Documents 2 3 NONE 4 5 Technical Specification s 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 Condition s 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 F ree 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 Northpointe, Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656 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 Structur es 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 11 15 Pre-stressed Concrete Cylinder Pipe 38 33 12 10 Water Services 1-inch to 2-inch 39 33 12 11 Large Water Meters 40 33 12 20 Resilient Seated Gate Valve 41 33 12 21 AWWA Rubber-Seated Butterfly Valves 42 33 12 25 Connection to Existing Water Mains 43 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 44 33 12 40 Dry-Barrel Fire Hydrants 45 33 12 50 Water Sample Stations 46 33 12 60 Blow-off Valves 47 33 31 12 Cured in Place Pipe (CIPP) 48 33 31 13 Fiberglass Reinforced Pipe for Gravi ty Sanitary Sewers 49 33 31 15 HDPE Pipe For Sanitary Sewers (Gravity and Force Mains) 50 00 00 10- 4 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 4 of 4 CITY OF FORT WORTH Northpointe, Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656 Revised September 1, 2015 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 1 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 2 33 31 22 Sanitary Sewer Slip Lining 3 33 31 23 Sanitary Sewer Pipe Enlargement 4 33 31 50 Sanitary Sewer Service Connections and Service Line 5 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 6 33 39 10 Cast-in-Place Concrete Manholes 7 33 39 20 Precast Concrete Manholes 8 33 39 30 Fiberglass Manholes 9 33 39 40 Wastewater Access Chamber (WAC) 10 33 39 60 Epoxy Liners for Sanitary Sewer Structures 11 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 12 33 41 11 HDPE Storm Sewer Pipe 13 33 46 00 Sub drainage 14 33 46 01 Slotted Storm Drains 15 33 46 02 Trench Drains 16 33 49 10 Cast-in-Place Manholes and Junction Boxes 17 33 49 20 Curb and Drop Inlets 18 33 49 40 Storm Drainage Headwalls and Wingwalls 19 20 Division 34 – Transportation 21 34 41 10 Traffic Signals 22 34 41 13 Removing Traffic Signals 23 34 41 20 Roadway Illumination Assemblies 24 34 41 30 Aluminum Signs 25 34 71 13 Traffic Control 26 27 28 Appendix 29 GC-4.01 Availability of Lands 30 GC-4.02 Subsurface and Physical Conditions – Geotechnical Report 31 GC-4.04 Underground Facilities 32 GC-4.06 Hazardous Environmental Condition at Site 33 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 34 GC-6.07 Wage Rates 35 GC-6.09 Permits and Utilities – TxDOT Permit 36 GC-6.24 Nondiscrimination 37 GR-01 60 00 Product Requirements 38 39 END OF SECTION 40 00 21 13 - 1 INSTRUCTIONS TO BIDDERS Page 1 of 9 CITY OF FORT WORTH Northpointe, Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656 Revised April 4, 2014 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1 DEVELOPER AWARDED CONTRACTS 2 FOR PRIVATELY BID PROJECTS ONLY 3 4 1. Defined Terms 5 6 1.1. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 7 meanings indicated below which are applicable to both the singular and plural thereof. 8 9 1.1.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 10 directly through a duly authorized representative, submitting a bid for performing 11 the work contemplated under the Contract Documents. 12 13 1.1.2.Successful Bidder: The lowest responsible and responsive Bidder to whom 14 Developer (on the basis of City's evaluation as hereinafter provided) makes an 15 award. 16 17 2. Copies of Bidding Documents 18 19 2.1. Neither Developer/City nor Engineer shall assume any responsibility for errors or 20 misinterpretations resulting from the Bidders use of incomplete sets of Bidding 21 Documents. 22 23 2.2. Developer and Engineer in making copies of Bidding Documents available do so only for 24 the purpose of obtaining Bids for the Work and do not authorize or confer a license or 25 grant for any other use. 26 27 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 28 29 3.1. All Bidders and their subcontractors are required to be prequalif ied for the work types 30 requiring prequalification at the time of bidding. Bids received from contractors who are 31 not prequalified (even if inadvertently opened) shall not be considered. Prequalification 32 requirement work types and documentation are as foll ows: 33 34 3.1.1. Paving – Requirements document located at; 35 https://projectpoint.buzzsaw.com/fortworthgov/Resources/02%20 -36 %20Construction%20Documents/Contractor%20Prequalification/TPW%20Paving37 %20Contractor%20Prequalification%20Program/PREQUALIFICATION%20REQ38 UIREMENTS%20FOR%20PAVING%20CONTRACTORS.PDF?public 39 40 3.1.2. Roadway and Pedestrian Lighting – Requirements document located at; 41 https://projectpoint.buzzsaw.com/fortworthgov/Resources/02%20 -42 %20Construction%20Documents/Contractor%20Prequalification/TPW%20Paving43 %20Contractor%20Prequalification%20Program/PREQUALIFICATION%20REQ44 UIREMENTS%20FOR%20PAVING%20CONTRACTORS.PDF?public 45 46 3.1.3. Water and Sanitary Sewer – Requirements document located at; 47 00 21 13 - 2 INSTRUCTIONS TO BIDDERS Page 2 of 9 CITY OF FORT WORTH Northpointe, Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656 Revised April 4, 2014 https://projectpoint.buzzsaw.com/fortworthgov/Resources/02%20 -1 %20Construction%20Documents/Contractor%20Prequalification/Water%20and%22 0Sanitary%20Sewer%20Contractor%20Prequalification%20Program/WSS%20pre3 qual%20requirements.doc?public 4 5 6 3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within 7 seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 8 45 11, BIDDERS PREQUALIFICATIONS. 9 10 3.2.1. Submission of and/or questions related to prequalification should be addressed to 11 the City contact as provided in Paragraph 6.1. 12 13 14 3.3. The City reserves the right to require any pre-qualified contractor who is the apparent low 15 bidder(s) for a project to submit such additional information as the City, in its sole 16 discretion may require, including but not limited to manpower and equipment records, 17 information about key personnel to be assigned to the project, and construction schedule, 18 to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to 19 deliver a quality product and successfully complete projects for the amount bid within 20 the stipulated time frame. Failure to submit the additional information, if requested, 21 may be grounds for rejecting the apparent low bidder as non -responsive. 22 23 3.4. In addition to prequalification, additional requirements for qualification may be required 24 within various sections of the Contract Documents. 25 26 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 27 28 4.1. Before submitting a Bid, each Bidder shall : 29 30 4.1.1. Examine and carefully study the Contract Documents and other related data 31 identified in the Bidding Documents (including "technical data" referred to in 32 Paragraph 4.2. below). No information given by Developer/City or any 33 representative of the Developer/City other than that contained in the Contract 34 Documents and officially promulgated addenda thereto, shall be binding upon the 35 Developer/City. 36 37 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 38 site conditions that may affect cost, progress, performance or furnishing of the 39 Work. 40 41 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 42 progress, performance or furnishing of the Work. 43 44 45 46 00 21 13 - 3 INSTRUCTIONS TO BIDDERS Page 3 of 9 CITY OF FORT WORTH Northpointe, Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656 Revised April 4, 2014 4.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or 1 contiguous to the Site and all drawings of physical conditions r elating to existing 2 surface or subsurface structures at the Site (except Underground Facilities) that 3 have been identified in the Contract Documents as containing reliable "technical 4 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 5 at the Site that have been identified in the Contract Documents as containing 6 reliable "technical data." 7 8 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 9 the information which the City will furnish. All addit ional information and data 10 which the City will supply after promulgation of the formal Contract Documents 11 shall be issued in the form of written addenda and shall become part of the Contract 12 Documents just as though such addenda were actually written into the original 13 Contract Documents. No information given by the City other than that contained in 14 the Contract Documents and officially promulgated addenda thereto, shall be 15 binding upon the City. 16 17 4.1.6. Perform independent research, investigations, tests, borings, and such other means 18 as may be necessary to gain a complete knowledge of the conditions which will be 19 encountered during the construction of the project. Bidder must fill all holes and 20 clean up and restore the site to its former conditions upon completi on of such 21 explorations, investigations, tests and studies. 22 23 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 24 cost of doing the Work, time required for its completion, and obtain all information 25 required to make a proposal. Bidders shall rely exclusively and solely upon their 26 own estimates, investigation, research, tests, explorations, and other data which are 27 necessary for full and complete information upon which the proposal is to be based. 28 It is understood that the submission of a proposal is prima-facie evidence that the 29 Bidder has made the investigation, examinations and tests herein required. Claims 30 for additional compensation due to variations between conditions actually 31 encountered in construction and as indicated in the Contract Documents will not be 32 allowed. 33 34 4.1.8.Promptly notify Developer of all conflicts, errors, ambiguities or discrepancies in or 35 between the Contract Documents and such other related documents. The Contractor 36 shall not take advantage of any gross er ror or omission in the Contract Documents, 37 and the Developer shall be permitted to make such corrections or interpretations as 38 may be deemed necessary for fulfillment of the intent of the Contract Documents. 39 40 4.2. Reference is made to Section 00 73 00 – Supplementary Conditions for identification of: 41 42 4.2.1.those reports of explorations and tests of subsurface conditions at or contiguous to 43 the site which have been utilized by Developer in preparation of the Contract 44 Documents. The logs of Soil Borings, if any, on t he plans are for general 45 information only. Neither the Developer nor the Engineer guarantee that the data 46 shown is representative of conditions which actually exist. 47 48 00 21 13 - 4 INSTRUCTIONS TO BIDDERS Page 4 of 9 CITY OF FORT WORTH Northpointe, Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656 Revised April 4, 2014 4.2.2. those drawings of physical conditions in or relating to existing surface and 1 subsurface structures (except Underground Facilities) which are at or contiguous to 2 the site that have been utilized by Developer in preparation of the Contract 3 Documents. 4 5 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 6 on request. Bidder is responsible for any interpretation or conclusion drawn from 7 any "technical data" or any other data, interpretations, opinions or information. 8 9 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 10 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 11 exception the Bid is premised upon performing and furnishing the Work required by the 12 Contract Documents and applying the specific means, methods, techniques, sequences or 13 procedures of construction (if any) that may be shown or indicated or expressly required 14 by the Contract Documents, (iii) that Bidder has given Developer written notice of all 15 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 16 written resolutions thereof by Developer are acceptable to Bidder, and when said 17 conflicts, etc., have not been resolved through the interpretations by Developer as 18 described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient 19 to indicate and convey understanding of all terms and conditions for performing and 20 furnishing the Work. 21 22 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 23 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material, unless 24 specifically identified in the Contract Documents. 25 26 5. Availability of Lands for Work, Etc. 27 28 5.1. The lands upon which the Work is to be performed, rights-of-way and easements for 29 access thereto and other lands designated for use by Contractor in performing the Work 30 are identified in the Contract Documents. All additional lands and access thereto 31 required for temporary construction facilities, construction equipment or storage of 32 materials and equipment to be incorporated in the Work are to be obtained and paid for 33 by Contractor . Easements for permanent structures or permanent changes in existing 34 facilities are to be obtained and paid for by Developer. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 00 21 13 - 5 INSTRUCTIONS TO BIDDERS Page 5 of 9 CITY OF FORT WORTH Northpointe, Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656 Revised April 4, 2014 6. Interpretations and Addenda 1 2 6.1. All questions about the meaning or intent of the Bidding Docu ments are to be directed to 3 Developer’s representative. Interpretations or clarifications considered necessary by 4 Developer in response to such questions will be issued by Addenda delivered to all 5 parties recorded by Developer as having received the Bidding Documents. Only 6 questions answered by formal written Addenda will be binding Oral and other 7 interpretations or clarifications will be without legal effect 8 9 Address questions to: 10 11 12 Attn: Bryce Eckeberger, Kimley-Horn 13 Email: bryce.eckeberger@kimley-horn.com 14 Phone: 972-770-1324 15 16 Attn: Mitch Holmes, City of Fort Worth 17 Email: mitch.holmes@fortworthtexas.gov 18 Phone: 817-392-6826 19 20 21 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 22 Developer/City. 23 24 6.3. A prebid conference may be held at the time and place indicated in the Advertisement or 25 INVITATION TO BIDDERS. Representatives of Developer will be present to discuss 26 the Project. Bidders are encouraged to attend and participate in the conference. 27 Developer’s representative will transmit to all prospective Bidders of record such 28 Addenda as Developer considers necessary in response to questions arising at the 29 conference. Oral statements may not be relied upon and will not be binding or legally 30 effective. 31 32 7. Bid Security 33 7.1. Each Bid must be accompanied by Bid Bond made payable to Developer in an amount of 34 five (5) percent of Bidder's maximum Bid price on form attached , issued by a surety 35 meeting the requirements as listed in the General Conditions. 36 37 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 38 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 39 Agreement within 10 days after the Notice of Award, Developer may consider Bidder to 40 be in default, rescind the Notice of Award, and the Bid Bond of that Bidder will be 41 forfeited. Such forfeiture shall be Developer 's exclusive remedy if Bidder defaults. The 42 Bid Bond of all other Bidders whom Developer believes to have a reasonable chance of 43 receiving the award will be retained by Developer until final contract execution. 44 45 8. Contract Times 46 The number of days within which, or the dates by which, Milestones are to be achieved in 47 accordance with the General Requirements and the Work is to be completed and ready for 48 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 49 attached Bid Form. 50 51 00 21 13 - 6 INSTRUCTIONS TO BIDDERS Page 6 of 9 CITY OF FORT WORTH Northpointe, Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656 Revised April 4, 2014 9. Liquidated Damages 1 Provisions for liquidated damages are set forth in the Agreement. 2 3 10. Substitute and "Or-Equal" Items 4 The Contract, if awarded, will be on the basis of materials and equipment described in the 5 Bidding Documents without consideration of possible substitute or "or -equal" items. 6 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or-7 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 8 City, application for such acceptance will not be considered by City until after the Effective 9 Date of the Agreement. The procedure for subm ission of any such application by Contractor 10 and consideration by City is set forth in Section 01 25 00 of the General Requirements. 11 12 13 14 15 16 17 18 11. Bid Form 19 20 21 11.1. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 22 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 23 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 24 price item listed therein. In the case of optional alternatives, the words "No Bid," 25 "No Change," or "Not Applicable" may be entered legibly, in ink or type, for which 26 the Bidder proposes to do the work contemplated or furnish materials required. 27 28 11.2. Bids by corporations shall be executed in the corporate name by the president or a 29 vice-president or other cor porate officer accompanied by evidence of authority to 30 sign. The corporate seal shall be affixed. The corporate name, address and state of 31 incorporation shall be shown below the signature. 32 33 11.3. Bids by partnerships shall be executed in the partnership name and signed by a 34 partner, whose title must appear under the signature accompanied by evidence of 35 authority to sign. The official name and address of the partnership shall be shown 36 below the signature. 37 38 11.4. Bids by limited liability companies shall be executed i n the name of the firm by a 39 member and accompanied by evidence of authority to sign. The name and state of 40 formation of the firm and the official address of the firm shall be shown. 41 42 11.5. Bids by individuals shall show the Bidder's name and official address. 43 44 11.6. Bids by joint ventures shall be executed by each joint venturer in the manner 45 indicated on the Bid Form. The official address of the joint venture shall be shown. 46 47 11.7. All names shall be typed or printed in ink below the signature. 48 49 00 21 13 - 7 INSTRUCTIONS TO BIDDERS Page 7 of 9 CITY OF FORT WORTH Northpointe, Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656 Revised April 4, 2014 11.8. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 1 which shall be filled in on the Bid Form. 2 3 11.9. Postal and e-mail addresses and telephone number for communications regarding the 4 Bid shall be shown. 5 6 11.10. Evidence of authority to conduct business as a Nonresident Bidder in the state of 7 Texas shall be provided in accordance with Section 00 43 37 – Vendor Compliance 8 to State Law Non Resident Bidder. 9 10 12. Submission of Bids 11 Bids shall be submitted on the prescribed Bid Form and proposal form, provided with the 12 Bidding Documents, at the time and place indicated in the Advertisement or INVITATION 13 TO BIDDERS, addressed to City of Fort Worth Project Manager , and shall be enclosed in an 14 opaque sealed envelope, marked with the City Project Number, Project title, the name and 15 address of Bidder, and accompanied by the Bid security, if required, and other required 16 documents. 17 18 13. Modification and Withdrawal of Bids 19 20 13.1. Bids cannot be withdrawn prior to the time set for bid opening. A request for 21 withdrawal must be made in writing by an appropriate document duly executed in the 22 manner that a Bid must be executed and delivered to the place where Bids are to be 23 submitted at any time prior to the opening of Bids. After all Bids not requested for 24 withdrawal are opened and publicly read aloud, the Bids for which a withdrawal 25 request has been properly filed may, at the option of the Developer/City, be returned 26 unopened. 27 28 13.2 Bidders may modify their Bid by electronic communication at any time prior to the 29 time set for the closing of Bid receipt. 30 31 14. Opening of Bids 32 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 33 abstract of the amounts of the base Bids and major alternates (if any) will be made available 34 to Bidders after the opening of Bids. 35 36 15. Bids to Remain Subject to Acceptance 37 All Bids will remain subject to acceptance for the time period specified for Notice of Award 38 and execution and delivery of a complete Agreement by Successful Bidder. Developer/City 39 may, at their sole discretion, release any Bid and nullify the Bid security, if required, prior to 40 that date. 41 42 43 44 45 46 47 48 49 50 00 21 13 - 8 INSTRUCTIONS TO BIDDERS Page 8 of 9 CITY OF FORT WORTH Northpointe, Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656 Revised April 4, 2014 16. Evaluation of Bids and Award of Contract 1 2 16.1. Developer/City reserves the right to reject any or all Bids, including without 3 limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or 4 conditional Bids and to reject the Bid of any Bidder if Developer/City believes that it 5 would not be in the best interest of the Project to make an award to that Bidder, 6 whether because the Bid is not responsive or the Bidder is unqualified or of doubtful 7 financial ability or fails to meet any other pertinent standard or criteria established by 8 City. Developer/City also reserves the right to waive informalities not involving 9 price, contract time or changes in the Work with the Successful Bidder. 10 Discrepancies between the multiplication of units of Work and unit prices will be 11 resolved in favor of the unit prices. Discrepancies between the indicated sum of any 12 column of figures and the correct sum thereof wil l be resolved in favor of the correct 13 sum. 14 15 16.1.1. Any or all bids will be rejected if Developer/City has reason to believe that 16 collusion exists among the Bidders, Bidder is an interested party to any litigation 17 against Developer/City, Developer/City or Bidder may have a claim against the 18 other or be engaged in litigation, Bidder is in arrears on any existing contract or 19 has defaulted on a previous contract, Bidder has performed a prior contract in an 20 unsatisfactory manner, or Bidder has uncompleted work which in the judgment 21 of the Developer/City will prevent or hinder the prompt completion of additional 22 work if awarded. 23 24 16.2. Developer/City may consider the qualifications and experience of Subcontractors, 25 Suppliers, and other persons and organizations proposed for those portions of the 26 Work as to which the identity of Subcontractors, Suppliers, and other persons and 27 organizations must be submitted as provided in the Contract Documents or upon the 28 request of the Developer/City. Developer/City also may consider the operating costs, 29 maintenance requirements, performance data and guarantees of major items of 30 materials and equipment proposed for incorporation in the Work when such data is 31 required to be submitted prior to the Notice of Award. 32 33 16.3. Developer/City may conduct such investigations as Developer/City deems necessary 34 to assist in the evaluation of any Bid and to establish the responsibility, 35 qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers 36 and other persons and organizations to perform and furnish the Work in accordance 37 with the Contract Documents to Developer’s/City's satisfaction within the prescribed 38 time. 39 40 41 42 16.4. If the Contract is to be awarded, it will be awarded to lowest responsible and 43 responsive Bidder whose evaluation by Developer/City indicates that the award will 44 be in the best interests of the Developer/City. 45 46 47 48 16.5. Failure or refusal to comply with the requirements may result in rejection of Bid . 49 50 00 21 13 - 9 INSTRUCTIONS TO BIDDERS Page 9 of 9 CITY OF FORT WORTH Northpointe, Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656 Revised April 4, 2014 17. Signing of Agreement 1 When Developer issues a Notice of Award to the Successful Bidder, it will be accompanied 2 by the required number of unsigned counterparts of the Agreement. The Contractor shall sign 3 and deliver the required number of counterparts of the Agreement to Developer’s 4 representative with the required Bonds, Certificates of Insurance, and all other required 5 documentation. 6 7 8 9 END OF SECTION 10 CONATSER DOCUMENTS 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM – DEVELOPER AWARDED PROJECTS 00 41 00 Bid Form – DAP.docx Form Revised April 2, 2014 SECTION 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: Lennar Homes of Texas Land & Construction, Ltd. 1707 Market Place Blvd, Suite 100 Irving, TX 75063 FOR: Northpointe Phase 3 City Project No.: 102656 Units/Sections: Unit 1 Water and Sewer Improvements Unit 2 Drainage and 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 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITA TION 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 refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, 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. 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM – DEVELOPER AWARDED PROJECTS 00 41 00 Bid Form – DAP.docx Form Revised April 2, 2014 b. "fraudulent 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 artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish B id prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. N/A b. N/A c. N/A d. N/A 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 160 working days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f. Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre-qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit 0o n � o0 DAP BID FORivt FOR PUBLICLY BID PROJECI'S ONLY Page 3 of 3 bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 7. Bid Submittal This Bid is submitted on by the entity named below Respectfully submitted, By: (Signatu e Brock Huggins, President (Printed Name) Title: Company: Conatser Construction Tx, LP Address: 5327 Wichita Street Fort Worth, TX 76119 Receipt is acknowledged of the following Addenda: Initial Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 State of Incorporation: Texas Email: brock@cctxpl.com Phone: 817-546-5148 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTI ON BID FORM — DEVELO PER AWARDED PROJ EC�S 00 41 00 Bid Form — DAP.dooc Form Revised April 2, 2014 00 42 43 DAP - BID PROPOSAL Page 1 of 2 1 3311.0241 8" Water Pipe 33 11 10, 33 11 12 LF 4,972 $34.00 $169,048.00 2 3311.0341 10" Water Pipe 33 11 10, 33 11 12 LF 407 $42.00 $17,094.00 3 3312.0001 Fire Hydrant Assembly w/ 6" Gate Valve & Box 33 11 10, 33 11 12 EA 11 $4,200.00 $46,200.00 4 0241.1218 4"-12" Water Abandonment Plug 02 41 14 EA 1 $1,000.00 $1,000.00 5 3312.3003 8" Gate Valve 33 12 20 EA 17 $1,250.00 $21,250.00 6 9999.0001 10"x8" Reducer 00 00 00 EA 1 $850.00 $850.00 7 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 2.08 $4,500.00 $9,360.00 8 3305.0116 Concrete Encasement for Utility Pipes 33 05 10 LF 340 $40.00 $13,600.00 9 3312.2003 1" Water Service 33 12 10 EA 154 $950.00 $146,300.00 10 3312.0110 Connection to Existing Water Main 33 12 25 EA 4 $1,000.00 $4,000.00 11 3305.0109 Trench Safety 00 05 10 LF 4,972 $1.00 $4,972.00 1 3331.4115 8" Sewer Pipe 33 11 10, 33 31 12, 33 31 20 LF 3,085 $40.00 $123,400.00 2 3331.4116 8" Sewer Pipe, CSS Backfill 33 11 10 LF 35 $60.00 $2,100.00 3 3331.4117 8" Sewer Pipe, CLSM Backfill 33 11 10 LF 88 $70.00 $6,160.00 4 3339.1002 4' Manhole 33 39 10, 33 39 20 EA 13 $3,800.00 $49,400.00 5 3339.1002 4' Manhole w/ Hydraulic Slide 33 39 10, 33 39 20 EA 1 $4,800.00 $4,800.00 6 3331.3101 4" Sewer Service 33 31 50 EA 99 $650.00 $64,350.00 7 3305.0109 Trench Safety 00 05 10 LF 3,085 $1.00 $3,085.00 8 3301.0101 Manhole Vacuum Testing 33 01 30 EA 13 $150.00 $1,950.00 9 3301.0002 Post-CCTV Inspection 33 01 31 LF 3,085 $2.00 $6,170.00 10 9999.0001 Connect to Existing MH 00 00 00 EA 2 $2,500.00 $5,000.00 11 0241.2103 8" Sewer Abandonment Plug 02 41 14 EA 1 $1,000.00 $1,000.00 1 3349.5001 10' Curb Inlet 33 49 20 EA 3 $3,400.00 $10,200.00 2 3349.5002 15' Curb Inlet 33 49 20 EA 13 $4,400.00 $57,200.00 3 3349.5003 20' Curb Inlet 33 49 20 EA 2 $5,400.00 $10,800.00 4 3349.0001 4' Storm Junction Box 33 49 10 EA 6 $5,500.00 $33,000.00 5 3349.0002 5' Storm Junction Box 33 49 10 EA 2 $6,500.00 $13,000.00 6 3331.5845 12" Storm Drain PVC 33 31 20 LF 433 $45.00 $19,485.00 7 3331.5853 15" Storm Drain PVC 33 31 20 LF 99 $50.00 $4,950.00 8 3341.0201 21" RCP, Class III 33 41 10 LF 525 $52.00 $27,300.00 9 3341.0205 24" RCP, Class III 33 41 10 LF 1,629 $58.00 $94,482.00 10 3341.0208 27" RCP, Class III 33 41 10 LF 112 $65.00 $7,280.00 11 3341.0208 30" RCP, Class III 33 41 10 LF 265 $73.00 $19,345.00 12 3341.0402 42" RCP, Class III 34 41 10 LF 414 $125.00 $51,750.00 13 3349.4111 42" SET, 1 pipe 33 49 40 EA 1 $5,000.00 $5,000.00 14 9999.0008 15" Nyloplast Inline Drain w/ Dome Grate 00 00 00 EA 2 $1,250.00 $2,500.00 15 9999.0009 21" Nyloplast Inline Drain Basin 00 00 00 EA 1 $2,000.00 $2,000.00 16 9999.0010 24" Nyloplast Inline Drain w/ Dome Grate 00 00 00 EA 1 $2,500.00 $2,500.00 17 9999.0011 Remove Plug & Connect to Exist 24" RCP w/ 4' Square Junction Box 00 00 00 EA 1 $7,000.00 $7,000.00 18 9999.0012 Remove Plug & Connect to Exist 42" RCP w/ 5' Square Junction Box 00 00 00 EA 1 $8,000.00 $8,000.00 19 3137.0102 18" Large Stone Riprap 31 37 00 SY 123 $105.00 $12,915.00 20 0241.0800 Remove Rip Rap 02 41 13 SY 139 $15.00 $2,085.00 21 3305.0109 Trench Safety 00 05 10 LF 3,477 $1.00 $3,477.00 $267,415.00 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $433,674.00TOTAL UNIT I: WATER IMPROVEMENTS Bidlist Item No. UNIT I: WATER IMPROVEMENTS TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS Bid Quantity UNIT PRICE BID Project Item Information SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Unit PriceDescription Bidder's Application $394,269.00 UNIT III: DRAINAGE IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS Bid ValueSpecification Section No.Unit of Measure CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 00 42 43_Bid Proposal_DAP PHASE 3.xls 00 42 43 DAP - BID PROPOSAL Page 2 of 2 Bidlist Item No. Bid Quantity UNIT PRICE BID Project Item Information SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Unit PriceDescription Bidder's Application Bid ValueSpecification Section No.Unit of Measure 1 3213.0101 6" Conc Pvmt 32 13 13 SY 17,413 $35.00 $609,455.00 2 3211.0501 6" Lime Treatment 32 11 29 SY 18,553 $3.15 $58,441.95 3 3211.0400 Hydrated Lime @ 30# / SY 32 11 29 TON 278.0 $180.00 $50,040.00 4 3213.0302 5' Conc Sidewalk 32 13 20 LF 793 $16.25 $12,886.25 5 3213.0501 Barrier Free Ramp, Type R-1 32 13 20 EA 8 $1,500.00 $12,000.00 6 3213.0504 Barrier Free Ramp, Type P-1 32 13 20 EA 6 $1,200.00 $7,200.00 7 9999.0012 Construct Concrete Header 00 00 00 LF 29 $20.00 $580.00 8 9999.0013 Install Type III End-of-Road Barricade 00 00 00 EA 1 $500.00 $500.00 9 3441.4003 Furnish/Install Alum Sign Ground Mount City Std.34 41 30 EA 18 $350.00 $6,300.00 10 9999.0014 Install Street Name Blades 00 00 00 EA 9 $200.00 $1,800.00 11 9999.0015 Install Stop Sign 00 00 00 EA 9 $300.00 $2,700.00 12 9999.0018 Remove Barricade & Connect to Existing Street 00 00 00 EA 3 $400.00 $1,200.00 1 3441.3341 Rdwy Illum TY 11 Pole 34 41 20 EA 17 $2,600.00 $44,200.00 2 3441.3301 Rdwy Illum Foundation TY 1,2, and 4 34 41 20 EA 17 $1,000.00 $17,000.00 3 3441.1408 No 6 Insulated Elec Condr, Alum. #6 XHHW 34 41 10 LF 758 $3.00 $2,274.00 4 3441.1632 Install Type 33A Arm 34 41 20 EA 17 $375.00 $6,375.00 5 9999.0019 ATBO-2OBLEDE70-MVOLT-R2-3K-MP-NL-P7 Luminaire 34 41 20 EA 16 $650.00 $10,400.00 6 9999.0021 Type R4 Luminaire 34 41 20 EA 1 $950.00 $950.00 7 2605.3018 2" CONDT PVC SCH 80, Open Cut 26 05 33 LF 758 $12.00 $9,096.00 160 Brock Huggins, President END OF SECTION Conatser Construction TX, LP UNIT V: STREET LIGHTING IMPROVEMENTS $90,295.00 TOTAL UNIT IV: PAVING IMPROVEMENTS $763,103.20 UNIT V: STREET LIGHTING IMPROVEMENTS TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $90,295.00 UNIT IV: PAVING IMPROVEMENTS $763,103.20 $394,269.00 $433,674.00 UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS $1,948,756.20Total Construction Bid Contractor agrees to complete WORK for FINAL ACCEPTANCE within working days after the date when the CONTRACT commences to run as provided in the General Conditions. Bid Summary UNIT I: WATER IMPROVEMENTS $267,415.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 00 42 43_Bid Proposal_DAP PHASE 3 00 45 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT – DEVELOPER AWARDED PROJECTS 00 45 12_Prequalification Statement 2015_DAP.docx Form Version September 1, 2015 SECTION 00 45 12 DAP – PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the “Major Work Type” box provide the complete major work type and actual description as provided by the Water Department for water and sewer and TPW for paving. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Water New Development Conatser Construction Tx, LP Wastewater New Development Conatser Construction Tx, LP Storm Drain New Development Conatser Construction Tx, LP Concrete Pavement Construction Conatser Construction Tx, LP Street Lights Conatser Construction Tx, LP The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Conatser Construction Tx, LP BY: Brock Huggins 5327 Wichita Street Fort Worth, TX 76119 _________________________________________ (Signature) TITLE: President DATE: END OF SECTION 10/31/2021 10/31/2021 1/3/2023 1/3/2023 1/7/2022 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATIONLAW Page 1 of l 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides wor•ker's compensation insurance coverage for all of its employees employed on City 6 Project No. 102656 Contractor further certifies that, putsuant to Texas Labor Code, Section 7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CONTRACTOR: Conatser Construction Tx, LP Company 5327 Wichita Street Address By: Brock Huggins (Please Print) , Signature: Fort Worth, TX 76119 Title: President City/State/Zip (Please Print) THE STATE OF TEXAS COUNTY OF TARRANT B ORE ME, the undersigned authority, on this day personally appeared �� known to me to be the person whose name is subscribed to the foreg instrument and acknowledged to me that he/she executed the same as the act and deed of i�('@�i ��1 for the purposes and consideration therein ex ressed and in the capacity therein stated. GI N IJNDER MY HAND AND SEAL OF OFFICE this day of � ^�2 �'1+1.�t� , 20� Notary Public in and for th tate of Texas 3 5 -._ _ ' `=� 36 � ��/�N1RA NOCRIG , �r��:, 37 :,..' /`,_..,;;; Natary Public, State of Tey , s�� _. Comm. Expire508-15-7(` � 38 � �' `�o� ' Notary ID 137_13161 ' � 39 40 END OF SECTION CITY OF FORT WORTH Noi•�hpoin�e, Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102656 Revised April 2, 2014 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 4 CITY OF FORT WORTH Northpointe, Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656 Revised June 16, 2016 SECTION 00 52 43 1 AGREEMENT 2 3 THIS AGREEMENT, authorized on ____________is made by and between the Developer, 4 Lennar Homes of Texas Land & Construction, Ltd., authorized to do business in Texas 5 (“Developer”), and Conatser Construction Tx, LP, authorized to do business in Texas, acting by 6 and through its duly authorized representative, (“Contractor ”). 7 Developer and Contractor, in consideration of the mutual covenants herein after set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Northpointe, Phase 3__ ________________________________________________________ 16 City Project #102656 ____________ ____________________________________ 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. Total working days for this contract are 1 6 0 21 days. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 160 working days the date when 24 the Contract Time commences to run as provided in Paragraph 12.04 of the Standard City 25 Conditions of the Construction Contract for Developer Awarded Projects. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that Developer 28 will suffer financial loss if the Work is not completed within the times specified in 29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 1 0 of 30 the Standard City Conditions of the Construction Contract for Developer Awarded 31 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 33 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 34 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 35 Developer Dollars ($500.00) for each day that expires after the time specified in 36 Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. 37 12/07/2020 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 CITY OF FORT WORTH Northpointe, Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656 Revised June 16, 2016 Article 4. CONTRACT PRICE 37 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of one million, nine hundr ed forty-eight, seven hundred 39 fifty-six 20/100 Dollars ($1,948,756.20). 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between Developer and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form (As provided by Developer ) 47 1) Proposal Form (DAP Version) 48 2) Prequalification Statement 49 3) State and Federal documents (project specific) 50 b. Insurance ACORD Form(s) 51 c. Payment Bond (DAP Version) 52 d. Performance Bond (DAP Version) 53 e. Maintenance Bond (DAP Ver sion) 54 f. Power of Attorney for the Bonds 55 g. Worker’s Compensation Affidavit 56 h. MBE and/or SBE Commitment Form (If required) 57 3. Standard City General Conditions of the Construction Contract for Developer 58 Awarded Projects. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment 61 or, if not attached, as incorporated by reference and described in the Table of 62 Contents of the Project’s Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Not ice of Award. 66 9. The following which may be deli vered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 73 74 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of 4 CITY OF FORT WORTH Northpointe, Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656 Revised June 16, 2016 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed 78 by the contractor, i ts officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification provision is specifically intended to operate 80 and be effective even if it is alleged or proven that all or some of the damages being 81 sought were caused, in whole or in part, by any act, omission or negligence of the city . 82 This indemnity provision is intended to include, without limitation, indemnity for 83 costs, expenses and legal fees incurred by the city in defending against such claims and 84 causes of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city, its officers, servants and employees, from and against any and all loss, damage 88 or destruction of property of the city, arising out of, or alleged to arise out of, the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification 91 provision is specifically intended to operate and be effective ev en if it is alleged or 92 proven that all or some of the damages being sought were caused, in whole or in part, 93 by any act, omission or negligence of the city. 94 95 Article 7. MISCELLANEOUS 96 7.1 Terms. 97 Terms used in thi s Agreement are defined in Article 1 of the Standard City Conditions of 98 the Construction Contract for Developer Awarded Projects. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the Developer . 102 7.3 Successors and Assigns. 103 Developer and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreement s and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and bindin g upon DEVELOPER and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United Sta tes District Court for the 114 Northern District of Texas, Fort Worth Division. 115 ao sza3 -a Develaper A�vardcd Project Agrecmenl Page 4 of 4 � 1] 7 7,6 Authority to Sign, 118 119 120 121 122 123 124 125 Contractor shall aftach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor, IN WITNESS WHEREOF, Develape�� and CantrActor have executecE this Agreement in multiple counterpar#s. This Agreement is ef%ctive as of tt�e last date signed by the Farties ('Bffective Date"). Cantractor: Canatser Construction Tk, LP B (Si ure) B�•ock Huggins (Prinked Narr�e} Developer; I,ennar Homes of Texas Land & Constriciion, Ltd B (S' ature) Jennifer Eller (Printed Na�ne) Title: Prasident Titte: Authorized_Agent Address: 5327 Wichita Street Address: 1707 Market Flace Blvd, Suite 1.00 City/StatelZ�p; Fort Worth, Texas 7b 119 Cif /State/Zi : Irvin Texas 750b3 Daie Date 126 C3TY OF FORT WORTH Nard�polnfe, Phase 3 STANDARD CONSTRUCi']ON SPECIFICATION DOCUMEt�TS — DEVELOPER AWAltDED PROJECTS 102656 Revised June l6, 2016 00 62 13 - 1 PERFORMANCE BOND Page 1 of 2 CITY OF FORT WORTH Northpointe, Phase 3 S TANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS 102656 Revised January 31, 2012 SECTION 00 62 13 1 PERFORMANCE BOND 2 3 THE STATE OF TEXAS § 4 § KNOW ALL BY THESE PRESENTS: 5 COUNTY OF TARRANT § 6 That we, Conatser Construction Tx, LP________________________, known as 7 “Principal” herein and ____Berkley I nsur ance Company______________________, a corporate 8 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as 9 “Surety” herein (whether one or more), are held and firmly bound unto the Developer, Lennar 10 Homes of Texas Land and Construction, LTD., authorized to do business in Texas (“Developer”) 11 and the City of Fort Worth, a Texas municipal corporation (“City”), in the penal sum of one 12 million, nine hundred forty-eight, seven hundred fifty-six 20/100 Dollars ($1,948,756.20), 13 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the 14 payment of which sum well and truly to be made jointly unto the Developer and the City as dual 15 obligees, we bind ourselves, our heir s, executors, administrators, successors and assigns, jointly 16 and severally, firmly by these presents. 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 18 community facilities in the City of Fort Worth by and through a Community Facilities 19 Agreement, CFA Number 20-0101; and 20 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 21 the _____ day of ________________, 20___, which Contract is hereby referred to and made a 22 part hereof for all purposes as if fully set forth herein, to fur nish all materials, equipment labor 23 and other accessories defined by law, in the prosecution of the Work, including any Change 24 Orders, as provided for in said Contract designated as Northpointe, Phase 3. 25 NOW, THEREFORE, the condition of this obligation i s such that if the said Principal 26 shall faithfully perform it obligations under the Contract and shall in all respects duly and 27 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 28 specifications, and contract documents therein referred to, and as well during any period of 29 extension of the Contract that may be granted on the part of the Developer and/or City, then this 30 obligation shall be and become null and void, otherwise to remain in full force and effect. 31 23 November 20 23November20 00 62 14 - 1 PAYMENT BOND Page 1 of 2 CITY OF FOR T WORTH Northpointe, Phase 3 STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS 102656 Revised January 31, 2012 SECTION 00 62 14 1 PAYMENT BOND 2 3 THE STATE OF TEXAS § 4 § KNOW ALL BY THESE PRESENTS: 5 COUNTY OF TARRANT § 6 That we, Conatser Construction Tx, LP ________________________, known as 7 “Principal” herein, and ____Berkley Insurance Company______________________,, a corporate 8 surety ( or sureties if more than one), duly authorized to do business in the State of Texas, known 9 as “Surety” herein (whether one or more), are held and firmly bound unto the Developer, Lennar 10 Homes of Texas Land and Construction, LTD., authorized to do business in Texas “(Developer”), 11 and the City of Fort Worth, a Texas municipal corporation (“City”), in the penal sum of one 12 million, nine hundred forty-eight, seven hundred f ifty-six 20/100 Dollars ($1,948,756.20), 13 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the 14 payment of which sum well and truly be made jointly unto the Developer and the City as dual 15 obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 16 and severally, firmly by these presents: 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 18 community facilities in the City of Fort Worth, by and through a Community Faci lities 19 Agreement, CFA Number 20-0101; and 20 WHEREAS, Principal has entered into a certain written Contract with Developer , 21 awarded the ________day of ______________________, 20_____, which Contract is hereby 22 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 23 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 24 Work as provided for in said Contract and designated as Northpointe, Phase 3. 25 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 26 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 27 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work und er 28 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 29 force and effect. 30 23 November 20 23November20 00 62 19 - 1 MAINTENANCE BOND Page 1 of 3 CITY OF FORT WORTH Northpointe, Phase 3 STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS 102656 Revised January 31, 2012 SECTION 00 62 19 1 MAINTENANCE BOND 2 3 THE STATE OF TEXAS § 4 § KNOW ALL BY THESE PRESENTS: 5 COUNTY OF TARRANT § 6 That we, Conatser Construction Tx, LP________________________, known as 7 “Principal” herein and ____Berkley I nsur ance Company__________________, a corporate 8 surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as 9 “Surety” herein (whether one or more), are held and firmly bound unto the Developer, Lennar 10 Homes of Texas Land and Construction, LTD., authorized to do business in Texas (“Developer”) 11 and the City of Fort Worth, a Texas municipal corporation (“City”), in the sum of one million, 12 nine hundred forty-eight, seven hundred fifty-six 20/100 Dollars ($1,948,756.20), lawful 13 money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of 14 which sum well and truly be made jointly unto the Developer and the City as dual obligees and 15 their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 16 jointly and severally, firmly by these presents. 17 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement, CFA Number 20-0101; and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer 22 awarded the_____ day of , 20 , which Contract is 23 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment labor and other accessories as defined by law, in the prosecution of the 25 Work, including any Work resulting from a duly authorized Change Order (collectively h erein, 26 the “Work”) as provided for in said Contract and designated as Northpointe, Phase 3; and 27 28 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 29 accordance with the plans, specifications and Contract Documents that t he Work is and will 30 remain f ree from defects in materials or workmanshi p for and during the period of two (2) years 31 after the date of Final Acceptance of the Work by the City (“Maintenance Period”); and 32 33 23 November 20 00 62 19 - 2 MAINTENANCE BOND Page 2 of 3 CITY OF FORT WORTH Northpointe, Phase 3 STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS 102656 Revised January 31, 2012 WHEREAS, Principal binds itself to repair or reconst ruct the Work in whole or in part 1 upon receiving notice from the Developer and/or City of the need thereof at any time within the 2 Maintenance Period. 3 4 NOW THEREFORE, the condition of this obligation is such that if Principal shall 5 remedy any defective Work, f or which timely notice was provided by Developer or City, to a 6 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 7 remain in full force and effect. 8 9 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 10 noticed defective Work, it is agreed that the Developer or City may cause any and all such 11 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 12 by the Principal and the Surety under this Maintenance Bond; and 13 14 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 15 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 16 Worth Division; and 17 18 PROVIDED FURTHER, that this obligation shall be continuous in nature and 19 successive recoveries may be had hereon for successive breaches. 20 21 22 23 23November20 POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE lvo. BI-7280 j NOTICE: The waming found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. :� � _ -o = � �� = � = � �, �= � - � �= � � � r c � � f -a �� ' o -_, > � .� T —' � � O � � o �. � J � = o � ¢, c � :� u � � -ri � a� : � :� � o cr, a.- � = � � � - U r o — �o = �, - :� � Y � w v o . � cu o -� � � � � � �' �� , 0 c � o °�,' f U � � -v � O � O, v, � '- �. � '� �a� N .� � � � � � � � � � J Q � i C7 z <� z � �J � J ICNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delawac-e, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Rrcnrdo J. Rey�ia; Dotr E. Cor�tell; Sopl►��►ie Hu�rler; Robbi Morales; Kelly A. Westbrook; Tina McEivan; Joslrrra A. Srrurrders; or Tonie Petrn��ek of Ao�r Risk Services SoriNitivest, Irrc. of Da!las, TX its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obIigation shall exceed Fifty Million and 00/100 U.5. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be consiruad and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, ChiefExecutive Officer, President or any Vice President of the Company, in conjvnction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of ihe Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and fiu�ther RESOLVED, that such power of attoiney revokes all previous powers issued on behalf of the attorney-in-fact named; and fiu�ther RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and deliveiy of any bond, undertaking, recognizance, or other suretyslup obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manuaily affixed. The Company may continue to use for the purposes herein stated the facsimile signahtre of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such inshuments shall be issued. IN WITNESS WiiEREOF, Ihe Co�g� y I►as caused d�ese presenls to Uc sig��cd and �ttested by its appropriate offioers and its corporatc sc�l hcrcuntu afFued thisf� day of Ni Ly` , o � Q . Attest: / Berkle Tnsnr�nce Compan i (Seal) 13y / By _ Tra . Lede an Jef �e fter Executive Vice President & Secretaiy en o i �esident WARIVING: THIS POWER INVALID IF I�QT PRINTED OlV BLUE "BERKLEY" SECURITY PAP[�.R. STATE OF CONNECTICUT ) � SS; CdUNTY Oi' CATRFT�LD ) Swarn to before me, � Not�i•y Public in the 5late of Cannecticut, ihis2"� day of (�f«( !Q , by frn S. Lederman �nd �CFFfCY M. HRRI'I' WIlO 81'C SW�171 ta me to be lhe Executive Vicc Pre 'de t and Secrcla�y, thc Senior Vice President, respectively, oFRerkley Insiu•ance ComErartqlARIAC. RUNDBAKEN %� � /� NOTARY PUBLIC �C � C - �'�r--*"� ��'f'<�� MY COMMfSSION EXPIRES otaiy ('ublic, State of Connecticut ARRIL 30, 2019 CCRTi171CA'1'I: I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY C�RTIPY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effeci as of this date. Given under my hand and seal of the Compeny, this day of (Seal) m ent . Forte IMPORTANT NOTICE To obtain information or make a complaint: You may call Berkley Surety Group, LLC and its affiliates by telephone for information or to make a complaint: BERKLEY SURETY GROUP, LLC Please send all notices of claim on this bond fo: Berkley Surety Group, LLC �866) 768-3534 412 Mount Kemble Avenue, Suite 310N Morrisfiown, NJ 07960 Attn: Surety Claims Deparfinent You may contact the Texas Depar�ment of Insurance to obtain information on companies, coverages, righfs or complainfs at: 1 �800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: htfip'//www-tdi.state.tx.us E-mail: ConsumerProt�cfion tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your agent or Berkley Surety Group, LLC first. Ifi the dispute is not resolved, you may contact the Texas Depar-tment of Insurance. ATTACH TH1S NOT{CE TO YOUR BOND: This notice is for information only and does nof become a part or condition of the attached document and is given fio comply wifh Texas legal and regulatory requirements. � CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 STANDARD GENERAL CONDITIONS OF TH E CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definition s and Terminology .......................................................................................................... 1 1.0 1 Defined Terms............................................................................................................................... 1 1.0 2 Terminology .................................................................................................................................. 6 Article 2 – Preliminary Matters ......................................................................................................................... 7 2.0 1 Copies o f Documents .................................................................................................................... 7 2.0 2 Co mmencement o f Contract Time ; Notice to Proceed ................................................................ 7 2.0 3 Startin g th e Work .......................................................................................................................... 8 2.0 4 Before Startin g Construction ........................................................................................................ 8 2.0 5 Preconstructio n Conference .......................................................................................................... 8 2.0 6 Public Meeting .............................................................................................................................. 8 2.0 7 Initia l Acceptanc e o f Schedules.................................................................................................... 8 Article 3 – Contrac t Documents: Intent, Amending, Reuse ............................................................................ 8 3.0 1 Inten t.............................................................................................................................................. 8 3.0 2 Reference Standard s...................................................................................................................... 9 3.0 3 Reportin g and Resolvin g Discrepancies....................................................................................... 9 3.0 4 Am endin g and Supplementing Contract Documents................................................................. 10 3.0 5 Reuse of Documents ................................................................................................................... 10 3.0 6 Electronic Data ............................................................................................................................ 1 1 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environ mental Conditions; Reference Points........................................................................................................... 11 4.0 1 Availability o f Lands .................................................................................................................. 1 1 4.0 2 Subsurfac e an d Physical Conditions .......................................................................................... 12 4.0 3 Differing Subsurface or Physica l Conditions ............................................................................. 12 4.0 4 Underground Facilitie s ............................................................................................................... 1 3 4.0 5 Reference Points ......................................................................................................................... 1 4 4.0 6 Hazardous Environmental Condition at Site .............................................................................. 14 Article 5 – Bond s and Insuranc e ..................................................................................................................... 1 6 5.0 1 License d Sureties and Insurers ................................................................................................... 16 5.0 2 Performance, Payment, and Maintenance Bonds....................................................................... 16 5.0 3 Certificate s of Insurance ............................................................................................................. 1 6 5.0 4 Contractor’s Insurance ................................................................................................................ 18 5.0 5 Acceptance o f Bonds and Insurance; Optio n to Replace ........................................................... 19 Article 6 – Contractor’s Responsibilities ........................................................................................................ 19 6.0 1 Supervisio n and Superintendence............................................................................................... 19 CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 6.0 2 Labor; Working Hours ................................................................................................................ 20 6.0 3 Services, Materials, and Equip ment ........................................................................................... 20 6.0 4 Project Schedule .......................................................................................................................... 21 6.0 5 Substitutes and “Or-Equals” ....................................................................................................... 21 6.0 6 Concerning Subcontractors, Suppliers, and Others.................................................................... 24 6.0 7 Wage Rates.................................................................................................................................. 25 6.0 8 Paten t Fees and Royalties ........................................................................................................... 26 6.0 9 Perm its and Utilities .................................................................................................................... 27 6.1 0 Laws and Regulations ................................................................................................................. 27 6.1 1 Taxes ........................................................................................................................................... 28 6.1 2 Use o f Site and Other Areas ....................................................................................................... 28 6.1 3 Record Documents ...................................................................................................................... 29 6.1 4 Safety and Protection .................................................................................................................. 29 6.1 5 Safety Representative.................................................................................................................. 30 6.1 6 Hazard Co mmunicatio n Programs ............................................................................................. 30 6.1 7 Emergencies and/or Rectification............................................................................................... 30 6.1 8 Sub mittals .................................................................................................................................... 31 6.1 9 Continuin g th e Work ................................................................................................................... 32 6.2 0 Contractor’s General Warranty and Guarantee .......................................................................... 32 6.2 1 Indemnificatio n ......................................................................................................................... 33 6.2 2 Delegatio n o f Professional Design Services .............................................................................. 34 6.2 3 Righ t to Audit.............................................................................................................................. 34 6.2 4 Nondiscriminatio n....................................................................................................................... 35 Article 7 – Othe r Work at th e Site ................................................................................................................... 35 7.0 1 Related Work at Site ................................................................................................................... 35 7.0 2 Coordination ................................................................................................................................ 36 Article 8 – City’s Responsibilities................................................................................................................... 36 8.0 1 Co mmunication s to Contractor ................................................................................................... 36 8.0 2 Furnish Data ................................................................................................................................ 36 8.0 3 Pa y When Due ............................................................................................................................ 36 8.0 4 Land s and Easements; Reports and Tests................................................................................... 36 8.0 5 Change Orders............................................................................................................................. 36 8.0 6 Inspections, Tests, and Approvals .............................................................................................. 36 8.0 7 Limitations o n City ’s Responsibilities ....................................................................................... 37 8.0 8 Undisclosed Hazardou s Environmental Condition .................................................................... 37 8.0 9 Co mplianc e with Safety Program............................................................................................... 37 Article 9 – City’s Observation Status During Constructio n ........................................................................... 37 9.0 1 City’s Project Manager ……...................................................................................................... 37 9.0 2 Visits to Site ................................................................................................................................ 37 9.0 3 Authorize d Variations in Work .................................................................................................. 38 9.0 4 Rejectin g Defectiv e Work .......................................................................................................... 38 9.0 5 Determinations for Work Performe d .......................................................................................... 38 9.0 6 Decision s o n Require ments of Contrac t Documents and Acceptability o f Work ..................... 38 CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 Article 1 0 – Changes in th e Work; Claims; Extra Work ................................................................................ 38 10.0 1 Authorize d Changes in th e Work ............................................................................................... 38 10.0 2 Unauthorize d Change s in th e Work ........................................................................................... 39 10.0 3 Execution o f Change Orders....................................................................................................... 39 10.0 4 Extra Work .................................................................................................................................. 39 10.0 5 Notificatio n to Surety .................................................................................................................. 39 10.0 6 Contract Claims Process ............................................................................................................. 40 Article 1 1 – Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measure men t...................... 41 11.0 1 Cost o f th e Wor k ......................................................................................................................... 41 11.0 2 Allowance s .................................................................................................................................. 43 11.0 3 Unit Pric e Work .......................................................................................................................... 44 11.0 4 Plan s Quantity Measuremen t ...................................................................................................... 45 Article 1 2 – Change o f Contract Price; Change of Contract Time................................................................. 46 12.0 1 Change o f Contract Price ............................................................................................................ 46 12.0 2 Change o f Contract Time............................................................................................................ 47 12.0 3 Delay s .......................................................................................................................................... 47 Article 1 3 – Tests and Inspections; Correction, Removal or Acceptance o f Defectiv e Wor k ...................... 48 13.0 1 Notice o f Defects ........................................................................................................................ 48 13.0 2 Access to Work ........................................................................................................................... 48 13.0 3 Tests and Inspection s .................................................................................................................. 48 13.0 4 Uncovering Work........................................................................................................................ 49 13.0 5 City Ma y Stop th e Work ............................................................................................................. 49 13.0 6 Correctio n o r Re mova l of Defectiv e Work ................................................................................ 50 13.0 7 Correctio n Perio d ........................................................................................................................ 50 13.0 8 Acceptance o f Defectiv e Work ................................................................................................... 51 13.0 9 City Ma y Correc t Defective Wor k ............................................................................................. 51 Article 1 4 – Pay ments to Contractor and Co mpletio n .................................................................................... 52 14.0 1 Schedule o f Values...................................................................................................................... 52 14.0 2 Progress Pay ments ...................................................................................................................... 52 14.0 3 Contractor’s Warranty o f Title ................................................................................................... 54 14.0 4 Partial Utilizatio n ........................................................................................................................ 55 14.0 5 Fina l Inspectio n ........................................................................................................................... 55 14.0 6 Fina l Acceptance......................................................................................................................... 55 14.0 7 Fina l Pay ment.............................................................................................................................. 56 14.0 8 Fina l Co mpletion Delayed and Partial Retainage Release ........................................................ 56 14.0 9 Waiver of Claim s ........................................................................................................................ 57 Article 1 5 – Suspension o f Wor k and Term ination ........................................................................................ 57 15.0 1 City Ma y Suspend Work............................................................................................................. 57 15.0 2 City Ma y Terminate for Cause ................................................................................................... 58 15.03 City Ma y Terminate Fo r Convenience ....................................................................................... 60 Article 1 6 – Dispute Resolution ...................................................................................................................... 61 16.0 1 Method s and Procedures ............................................................................................................. 61 CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 Article 1 7 – Miscellaneous .............................................................................................................................. 62 17.0 1 Givin g Notice .............................................................................................................................. 62 17.0 2 Co m putatio n o f Times ................................................................................................................ 62 17.0 3 Cu m ulative Remedies ................................................................................................................. 62 17.0 4 Surviva l o f Obligations ............................................................................................................... 63 17.0 5 Headings ...................................................................................................................................... 63 CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 1 of 63 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Whereve r used in these General Condition s o r in other Contract Documents, th e terms listed below hav e th e meanings indicated whic h are app licable to both th e singula r and plural thereof, and word s denoting gende r shall includ e th e masculine , feminin e and neuter. Said terms are generally capitalized o r written in italics, but not always. When used in a contex t consistent with th e definitio n o f a listed -define d term, th e term shall have a m eanin g as define d below whether capitalized o r italicize d o r otherwise . In additio n to terms specif ically defined, terms with initial capita l letters in th e Contrac t Docu ments include reference s to identifie d article s and paragraphs, and th e titles o f other documents o r forms. 1 . Addenda —Written or graphic instruments issued prio r to th e openin g of Bid s which clarify, correct, o r change the Biddin g Requirements o r th e propose d Contract Documents. 2 . Agreement—Th e written instrumen t which is evidence o f th e agree m ent between City and Contracto r coverin g th e Work. 3 . Applicatio n fo r Payment—Th e form acceptable to City which is to be used by Contractor durin g th e course of th e Work in requesting progress o r final pay m ents and whic h is to be accompanied by such supportin g documentatio n as is required by th e Contract Documents. 4 . Asbestos—Any material tha t contain s more than one percen t asbesto s and is friable o r is releasin g asbestos fibers into th e air above current actio n levels established b y th e United States Occupational Safety and Health Administration. 5 . Award – Authorization b y th e City Council for the City to enter into an Agreement. 6 . Bid —Th e offer o r proposal o f a Bidde r sub mitted o n th e prescribed form settin g forth the price s for th e Work to be performed. 7 . Bidder—Th e individua l o r entity who sub mits a Bid directly to City. 8 . Biddin g Documents—Th e Bidding Requirements and th e proposed Contract Docu ments (includin g all Addenda). 9 . Biddin g Requirements—The advertise ment or Invitatio n to Bid , Instruction s to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day – A business day is define d as a day tha t th e City conducts normal business, generally Monday through Friday , except for federal o r state holidays observed by th e City. 1 1 . Calenda r Day – A day consisting o f 24 hours measured fro m midnigh t to th e next midnight. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 2 of 63 1 2 . Chang e Order—A document, which is prepare d and approve d b y th e City , whic h is signed b y Contracto r and City and authorizes a n addition, deletion , o r revisio n in th e Work o r an adjustment in th e Contract Pric e o r th e Contract Time , issued o n or after th e Effectiv e Date o f th e Agree ment. 1 3 . City — Th e City o f Fort Worth , Texas, a home-ru le municipal corporation , authorized and chartere d under th e Texas State Statutes, acting by its governin g body through its City Manager, his designee , o r agents authorize d under his behalf, each o f whic h is required by Charter to perform specific duties with respon sibility for final enforce ment o f th e contracts involvin g th e City of Fort Worth is by Charter veste d in th e City Manager and is th e entity with whom Contracto r has entere d into th e Agreem ent and f o r who m th e Work is to be performed. 1 4 . City Attorney – Th e officially appointed City Attorney o f th e City o f Fort Worth , Texas, or his duly authorized representative. 1 5 . City Council - Th e duly electe d and qualified governing body o f th e City of Fort Worth, Texas. 1 6 . City Manage r – Th e officially appointed and authorized City Manage r of th e City of Fort Worth , Texas, or his duly authorized representative. 1 7 . Contract Claim—A dem and or assertion by City o r Con tracto r seekin g an adjustment of Contrac t Pric e or Contract Time, o r both , o r other relief with respec t to th e terms of the Contract. A demand fo r mone y o r service s by a third party is not a Contract Claim. 1 8 . Contract—Th e entire and integrate d written docum ent betwee n th e City and Contractor concerning th e Work. Th e Contract contains th e Agree m ent and all Contrac t Documents and supersede s prior negotiations, representations, or agreements, whethe r written or oral. 19. Contract Documents—Those ite ms so designate d in th e Agree ment. All ite ms liste d in the Agree ment are Contract Docu ments. Approved Sub mittals, other Contracto r sub mittals, and th e reports and drawings o f subsurface and physical conditions are not Contract Docu ments. 2 0 . Contract Price—Th e money s payable b y City to Contracto r for com pletion o f th e Work in accordance with th e Contract Documents a s state d in th e Agreemen t (subject to the provisions o f Paragrap h 11.0 3 in th e case of Unit Pric e Work). 2 1 . Contract Time—Th e num be r o f day s o r th e dates stated in th e Agreement to : (i) achieve Milestones, if any and (ii) complete th e Wor k so that it is read y for Fina l Acceptance. 2 2 . Contractor—Th e individual or entity with whom City has entered into th e Agreement. 2 3 . Cost of th e Work—Se e Paragraph 11.01 o f these General Conditions fo r definition. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 3 of 63 2 4 . Damag e Claims – A demand for money or service s arising from th e Project o r Site from a third party , City o r Contractor exclusiv e o f a Contract Claim. 2 5 . Da y o r day – A day , unless otherwise defined, shall mean a Calendar Day. 2 6 . Directo r o f Aviatio n – Th e officially appointe d Directo r o f th e Aviatio n Department o f the City o f Fort Worth , Texas, o r his duly appointe d representative , assistant, or agents. 2 7 . Directo r o f Parks and Community Services – Th e officially appointe d Directo r of th e Parks and Co mmunity Service s Departmen t o f th e City o f Fort Worth, Texas, o r his duly appointed representative, assistant, or agents. 2 8 . Directo r o f Plannin g and Developmen t – Th e officially appointe d Director o f th e Planning and Develop ment Departm ent o f th e City of Fort Worth , Texas, o r his duly appointed representative, assistant, or agents. 29. Directo r of Transportation Public Work s – Th e officially appointed Director of the Transportation Public Work s Department o f th e City o f Fort Worth , Texas, o r his duly appointed representative , assistant, or agents. 3 0 . Directo r o f Water Departmen t – Th e officially appointe d Directo r of th e Wate r Department o f th e City o f Fort Worth , Texas, or his duly appointed representative, assistant, o r agents. 3 1 . Drawings—That part o f th e Contrac t Docu ments prepared o r approved b y Engineer which graphically shows the scope, extent, and ch aracte r o f the Work to be performed by Contractor. Sub mittals are not Drawings as so defined. 3 2 . Effectiv e Date o f th e Agreement—The date indicated in th e Agree m ent o n whic h it becomes effective, but if n o such date is indicated, it means th e date o n which th e Agreement is signed and delivered by th e last of th e two parties to sign and deliver. 3 3 . Engineer—The licensed professional engineer o r engin eering firm registered in th e State of Texa s performing professional services for th e City. 3 4 . Extra Work – Additiona l work made necessary b y change s o r alteration s o f th e Contract Docu ments o r of quantitie s o r f or other rea sons f or which n o prices are provided in the Contract Docu ments. Extra work shall b e part of th e Work. 3 5 . Field Order — A writte n order issued b y City whic h requires changes in th e Work but which does not involve a change in th e Contract Price, Contract Time, o r th e inten t o f th e Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 3 6 . Fina l Acceptanc e – Th e written notice given b y th e City to th e Contracto r tha t th e Work specifie d in th e Contract Documents has bee n completed to th e satisfaction of th e City. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 4 of 63 3 7 . Fina l Inspectio n – Inspection carried out b y th e City to verif y that th e Contracto r has completed th e Work , and each and every part o r appurtenance thereof, fully , entirely , and in conformance with the Contract Docu ments. 3 8 . Genera l Requirements—Sections o f Division 1 o f th e Contract Documents. 39. Hazardou s Environmenta l Condition —Th e presenc e at th e Site of Asbestos, PCBs, Petroleu m, Hazardou s Waste, Radioactive Material, or other materials in such quantitie s or circu mstances tha t may presen t a substantia l danger to person s o r property expose d thereto. 4 0 . Hazardou s Waste—Hazardous waste is defined as any solid waste listed a s hazardous or possesses one o r more hazardous characteristics as define d in th e federal waste regulations, a s amended fro m time to time. 4 1 . Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders o f any and all govern mental bodies, agencies, authorities, and courts having jurisdiction. 4 2 . Liens—Charges, security interests, o r encu mb rance s upon Projec t funds, real property, or persona l property. 4 3 . Majo r Item – An Item o f work included in th e Contract Documents that has a total cost equal to o r greater than 5 % o f th e original Contract Price or $25,000 whichever is less. 4 4 . Milestone —A principal event specified in th e Contract Documents relating to an intermediate Contrac t Tim e prior to Final Acceptance o f th e Work. 4 5 . Notice o f Award —Th e written notic e by City to th e Successful Bidder statin g that upon timely compliance b y th e Successfu l Bidde r with th e condition s precedent listed therein , City will sign and deliver th e Agreement. 4 6 . Notice to Proceed —A written notice given by City to Contracto r fixing th e date on which the Contrac t Tim e will commenc e to run and o n which Contractor shall start to perform the Work specifie d in Contract Documents. 4 7 . PCBs—Polychlorinate d biphenyls. 4 8 . Petroleum—Petroleum, includin g crude oil o r any fraction thereo f which is liquid at standard condition s o f te mperature and pressure (6 0 degrees Fahrenheit and 14.7 pounds per square inc h absolute), such as oil, petroleu m, fuel oil, oil sludge, oil refuse, gasoline , kerosene, and oil m ixed with other non-Hazardous Waste and crud e oils. 49. Plan s – Se e definition of Drawings. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 5 of 63 5 0 . Project Schedule —A schedule, prepare d and maintaine d by Contractor, in accordance with th e General Requirements, describin g th e sequence and duration of th e activitie s comprising th e Contractor’s pla n to accomplish th e Work within th e Contrac t Tim e. 5 1 . Project—Th e Work to b e performed under th e Contract Docu ments. 5 2 . Project Manager—Th e authorized representativ e o f th e City who will b e assigned to the Site. 5 3 . Public Meetin g – An announced meetin g conducted b y th e City to facilitate public participatio n and to assist th e public in gaining an informed view o f th e Project. 5 4 . Radioactive Material—Source, special nuclear, o r byproduct m aterial as defined b y the Ato mic Energy Act o f 195 4 (42 USC Sectio n 2011 et seq.) as amended from tim e to time. 5 5 . Regula r Workin g Hours – Hours beginnin g at 7:00 a.m. and endin g at 6:0 0 p.m., Monday thru Friday (excludin g legal holidays). 5 6 . Samples—Physica l exa mples of materials, equip ment, o r work manship tha t are representativ e o f some portio n of th e Work a nd which establish th e standards b y whic h such portio n o f th e Work will be judged. 5 7 . Schedule o f Submittals—A schedule , prepared and m aintained b y Contractor, o f required sub m ittals and th e time requirements to support scheduled performance o f related construction activities. 5 8 . Schedule o f Values—A schedule, prepared and maintained by Contractor, allocatin g portions o f th e Contrac t Pric e to variou s portion s of th e Work and use d as th e basis for reviewing Contractor’s Applications for Payment. 59. Site—Land s or areas indicate d in th e Contract Documents as bein g furnishe d b y City upon which th e Work is to b e performed , includin g rights-of-way, permits, and easements for access thereto , and such othe r land s furnishe d by City which are designate d for th e use of Contractor. 6 0 . Specifications—That part o f th e Contract Documents consistin g o f written requirements for materials, equipm ent, syste ms, standards an d workmanship as applied to th e Work , and certain administrative requirements and procedura l matters applicable thereto . Specifications may be specifically made a part o f th e Contract Documents b y attachmen t or, if not attached, may be incorporate d b y reference a s indicated in th e Table o f Contents (Divisio n 0 0 0 0 00) o f each Project. 6 1 . Subcontractor —An individual or entity havin g a direct contract with Contracto r o r with any other Subcontractor for th e performance o f a part of the Work at th e Site. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 6 of 63 6 2 . Submittals—All drawings, diagrams, illustrations, schedules, and other data or in f ormation which are specif ically prepare d or assemble d by or f or Contractor and submitted by Contractor to illustrate some portion of th e Work. 6 3 . Successful Bidder—Th e Bidder submittin g th e lowest and most responsive Bid to who m City make s an Award. 6 4 . Superintenden t – Th e representative o f th e Contractor wh o is available at all times and able to receiv e instruction s from th e City and to act for th e Contractor. 6 5 . Supplementary Conditions—That part of th e Contract Docu ments whic h amend s or supple ments these General Conditions. 6 6 . Supplier—A manufacturer, fabricator, supplier, distributor, materialm an , o r vendo r having a direc t contrac t with Contracto r or with any Subcontractor to furnish materials or equipment to b e incorporated in th e Work b y Contractor or Subcontractor. 6 7 . Underground Facilities—All undergroun d pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, o r other such facilities o r attach ments, and any encasements containin g suc h facilities, including but not limited to , those that convey electricity, gases, steam, liquid petroleum products, telephone o r other comm unications, cable television, water, wastewater, storm water, other liquids o r chemicals, o r traffic or other control system s. 68 Unit Pric e Work—Se e Paragraph 11.03 of these General Conditions for definition. 69. Weeken d Workin g Hours – Hours beginnin g at 9:00 a.m. and endin g at 5:0 0 p.m ., Saturday, Sunday o r legal holiday , as approved in advance by th e City. 7 0 . Work—Th e entire construction o r th e variou s separately identifiable parts thereof required to b e provided under th e Contract Docu ments. Work includes and is th e result o f performin g or providin g all labor, services, and docu mentation necessary to produce such construction includin g any Change Order or Field Order, an d furnishing, installing, and incorporating all materials and equip ment into suc h construction, all as required by th e Contrac t Documents. 7 1 . Workin g Day – A working day is defined as a day , not including Saturdays, Sundays, o r legal holiday s authorized by th e City for contrac t purposes, in which weathe r or othe r conditions not under th e contro l o f th e Contracto r will p ermit th e performance of th e principa l unit of work underwa y fo r a continuous perio d of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. Th e word s and terms discusse d in Paragrap h 1.02.B through E are not defined but, when used in th e Biddin g Requirem ents o r Contract Docu ments, have th e indicated m eaning. B. Inten t o f Certain Terms o r Adjectives: CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 7 of 63 1 . Th e Contrac t Docu ments includ e th e terms “as allowed,” “as approved,” “as ordered,” “as directed ” o r term s of lik e effect o r import to authoriz e an exercise o f judgment by City . In addition , th e adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjective s o f lik e effect o r im port are used to describe an action o r determination o f City as to th e Work. It is intended tha t such exercise o f professiona l judgment, action, o r determination will be solely to evaluate, in general, th e Wo rk f o r compliance with th e in f orm atio n in the Contrac t Docu ments and with th e design concept o f th e Project as a functioning whole as shown o r indicated in th e Contract Docum ents (unless there is a specific state ment indicating otherwise). C. Defective: 1 . Th e word “defective,” when modifying th e word “Work,” refers to Work that is unsatisf actory, faulty , o r deficient in that it: a . does not conform to th e Contrac t Docu ments; or b . does not m eet th e requirements o f any applicab le inspection, reference standard, test, or approval referred to in the Contract Docu ments; or c . has been da mage d prior to City’s written acceptance. D. Furnish , Install, Perform, Provide: 1 . Th e word “Furnish ” o r th e word “Install” o r th e word “Perform” or th e word “Provide” or th e word “Supply,” o r any combination o r similar directiv e o r usage thereof , shall mean furnishing and incorporatin g in th e Work including all necessary labor, materials, equipment, and everythin g necessary to perform th e Work indicated, unless specifically limited in the contex t used. E. Unless state d otherwise in th e Contract Docu ments, word s o r phrase s that hav e a well-known technica l or constructio n industry o r trade meaning are used in th e Contrac t Docu ments in accordanc e with such recognized meaning. ARTICLE 2 – PRELIMINAR Y MATTERS 2.01 Copies o f Documents City shall furnish to Contractor one (1) origin al executed copy and one (1) electronic cop y of the Contrac t Docu ments, and f our (4) additional cop ies o f th e Drawings. Additional copie s will be furnished upon request at th e cost of reproduction. 2.02 Commencement o f Contract Time ; Notice to Proceed Th e Contrac t Time will commence to ru n o n th e day indicated in th e Notice to Proceed. A Notice to Proceed ma y be given no earlier than 1 4 day s after th e Effective Date o f th e Agree ment, unless agreed to by both parties in writing. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 8 of 63 2.03 Startin g th e Work Contracto r shall start to perform th e Work o n th e date when th e Contract Time commences to run. No Work shall b e don e at th e Site prior to th e date on which th e Contract Time commences to run. 2.04 Before Startin g Construction Baselin e Schedules: Sub mit in accordance with th e Contrac t Docu ments, and prio r to startin g the Work. 2.05 Preconstruction Conference Be f ore any Work at th e Site is started , th e Contractor shall atten d a Preconstructio n Conference as specifie d in th e Contract Docum ents. 2.06 Public Meeting Contracto r may not m obilize any equip ment, materials or resource s to th e Site prio r to Contractor attendin g th e Public Meetin g as scheduled by th e City. 2.07 Initia l Acceptanc e of Schedules No progress pay ment shall b e m ad e to Contracto r until acceptable schedules are submitted to City in accordance with th e Schedule Specificatio n as provided in th e Contract Documents. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. Th e Contract Docu ments are complementary; wha t is required by one is as binding as if required b y all. B. It is th e intent o f th e Contrac t Docu ments to describ e a functionally complete project (or part thereof ) to be constructe d in accordanc e with th e Contract Documents. Any labor, documentation, services, materials, or equip ment that reasonably may b e inferred from the Contract Docu ments o r fro m prevailin g custom or trade usage as bein g require d to produce the indicate d result will be provide d whethe r or not specifically called f or , a t n o additional cost to City. C. Clarification s an d interpretation s of th e Contract Docu ments shall b e issued by City. D. Th e Specifications may vary in form, format a nd style. So m e Specification sections may be written in varyin g degree s o f strea mlined o r declarativ e style and some sections may be relatively narrativ e b y comparison . Om issio n o f su ch word s and phrases as “th e Contractor shall,” “in conformity with,” “as shown,” o r “as specif ied ” are intentiona l in stream lined sections. Omitte d word s and phrases shall b e supplied b y inference. Simila r types o f provisions ma y appear in variou s parts o f a sectio n or article s within a part dependin g o n th e format of the CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 9 of 63 section . Th e Contracto r shall not tak e advantage o f any variatio n o f form, format or style in makin g Contract Claims. E. Th e cross referencin g o f specificatio n section s under th e subparagraph heading “Related Section s include but are not necessarily lim ite d to:” and elsewhere within each Specif ication sectio n is provide d a s an aid and convenience to th e Contractor. Th e Contracto r shall not rely on th e cross referencin g provide d and shall be responsible to coordinate th e entire Work under the Contrac t Docu ments and provid e a complete Projec t whethe r o r not th e cross referencin g is provide d in each sectio n or whethe r o r not th e cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1 . Reference to standards, specifications, manuals, or code s o f any technical society, organization, o r association , o r to Laws or Regulations, whether such reference b e specific or b y implication, shall mean th e standard, specification , manual, code, o r Laws o r Regulations in effec t at the time of openin g o f Bids (or o n th e Effective Date of th e Agree ment if there were n o Bids), excep t as may b e otherwise specifically stated in th e Contrac t Docu ments. 2 . No provisio n of any suc h standard, specification, manual, o r code , or any instructio n of a Supplier, shall b e effective to change th e duties o r responsibilities o f City , Contractor, or any o f their subcontractors, consultants, agents, o r employees, from those set forth in th e Contract Docu ments. No suc h provision o r instructio n shall b e effectiv e to assign to City , o r any o f its officers, directors, members, partners, employees, agents, consultants, o r subcontractors, any duty or authority to supervise or direct th e performanc e o f th e Work or any duty o r authority to undertake responsibility inconsistent with th e provision s o f th e Contrac t Documents. 3.03 Reportin g and Resolvin g Discrepancies A. Reportin g Discrepancies: 1 . Contractor’s Review of Contrac t Documents Before Starting Work: Before undertaking each part o f th e Work , Contractor shall carefully stud y and compare th e Contrac t Documents and check and verif y pertinen t figure s therein against all applicable field measure ments and conditions. Contractor shall pro mptly report in writin g to City any conflict, error, a mbiguity, o r discrepanc y which Contractor discovers, o r has actua l knowledge of , and shall obtain a written interpretation o r clarif ication f ro m City bef ore proceeding with any Work affected thereby. 2 . Contractor’s Revie w o f Contrac t Documents During Performance o f Work : If , durin g the performance o f th e Work, Contractor discovers any conflict, error, ambiguity , o r discrepancy within th e Contract Docu ments, o r between th e Contrac t Docu ments and (a) any applicable La w o r Regulatio n , (b) any standard, specification , manual, o r code, o r (c) any instruction of any Supplier, then Contractor shall prom ptly report it to City in writing. Contracto r shall not proceed with th e Work affected thereb y (except in a n e m ergenc y a s required b y Paragraph CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 10 of 63 6.17.A) until an amendment o r supplement to th e Contract Docu ments has been issued by one o f th e methods indicate d in Paragraph 3.04. 3 . Contracto r shall not be liable to City f o r f ailure to report any conflict, error, ambiguity , or discrepancy in th e Contract Docu ments unless Contractor had actua l knowledge thereof. B. Resolvin g Discrepancies: 1 . Excep t as ma y b e otherwise specifically stated in th e Contract Docu ments, th e provisions of th e Contract Docu ments shall take precedenc e in resolvin g any conflict, error, a m biguity, or discrepancy between th e provisions of th e Contract Docu ments and th e provision s of any standard , specification, manual, o r th e instruction of any Supplier (whether or not specifically incorporate d b y reference in th e Contract Documents). 2 . In case of discrepancies, figured dimension s shall govern over scaled dimensions, Plan s shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown o n th e Plan s shall govern over those shown in the proposal. 3.04 Amendin g and Supplementing Contract Documents A. Th e Contract Documents m ay be amended to provid e for additions, deletions, and revisions in th e Work or to modify th e terms and conditions thereof by a Change Order. B. Th e require ments o f th e Contract Documents m ay be supple mented , and mino r variations and deviation s in th e Work not involvin g a change in Contract Price or Contract Tim e, may be authorized, by one o r mor e of th e following ways: 1 . A Field Order; 2 . City’s review o f a Submitta l (subjec t to th e provisions o f Paragrap h 6.18.C); or 3 . City’s written interpretatio n o r clarification. 3.05 Reuse o f Documents A. Contracto r and any Subcontractor or Supplier shall not: 1 . hav e o r acquire any title to o r ownership rights in any o f th e Drawings, Specif ications, or other docu ments (o r copie s o f any thereof) p repare d by or bearin g th e seal o f Engineer, includin g electronic media editions; or 2 . reuse any such Drawings, Specifications, other docu ments, or copies thereo f o n extensions of th e Project o r any other projec t withou t writte n consent o f City and specific written verification o r adaptatio n b y Engineer. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 11 of 63 B. Th e prohibitions of this Paragrap h 3.0 5 will surv iv e final pay ment, o r term ination of the Contract. Nothin g herein shall preclud e Contractor fro m retainin g copies o f th e Contract Docu ments for record purposes. 3.06 Electronic Data A. Unless otherwise stated in th e Supple mentary Conditions, th e data furnished by City o r Engineer to Contractor, o r by Contracto r to City or Engineer, that may b e relied upon are limite d to the printe d copies include d in th e Contrac t Docu ments (also known as hard copies) and other Specification s referenced and locate d o n th e City’s on-line electronic document m anagement and collaboration system site. Files in electronic media form at o f text, data , graphics, o r other typ es are furnishe d only for th e convenience o f the receivin g party . Any conclusion or information obtaine d o r derived from such electronic files will be at th e user’s sole risk . If there is a discrepancy between th e electronic file s and th e hard copies, the hard copies govern. B. When transferrin g docu ments in electronic media format, th e transferring party make s no representations as to long term compatibility , usability, o r readability o f documents resulting from th e use o f software application packages, operatin g systems, o r computer hardware differing from those use d b y th e data’s creator. ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTA L CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall f urnish th e Site. City shall notify Contracto r o f any encu mbrances o r restrictions not of general application but specifically related to use of th e Site with which Contracto r m ust comply in perf ormin g th e Work. City will obtain in a timely manner and pay f or ease ments fo r permanent structure s or perm anent changes in existing f acilities. 1 . Th e City has obtained o r anticipates acquisition of and/o r access to right-of -way , and/or easements. Any outstanding right-of-way and/or easements are anticipated to b e acquired in accordance with th e schedule set forth in th e Supplementary Conditions. Th e Project Schedule sub m itte d by th e Contracto r in accordanc e with th e Contract Docu ments must consider any outstanding right-of-way, and/or easements. 2 . Th e City has or anticipates removing and/or relocatin g utilities, and obstructions to th e Site. An y outstandin g removal or relocatio n o f utilities o r obstruction s is anticipated in accordance with th e schedule set forth in th e Supplementary Conditions. Th e Project Schedule submitted b y th e Contracto r in accordance with th e Contrac t Docum ents must consider any outstanding utilities o r obstructions to be removed, adjusted , and/o r relocated b y others. B. Upo n reasonable written request, City shall furnish Contractor with a curren t state men t o f record legal title and legal description of th e land s upon which th e Work is to be performed. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 12 of 63 C. Contracto r shall provid e for all additiona l land s and access thereto tha t may b e required for construction facilities or storage o f materials an d equipment. 4.02 Subsurfac e an d Physical Conditions A. Reports and Drawings: Th e Supplementary Condition s identify: 1 . those reports known to City of exploration s and tests o f subsurface condition s at or contiguou s to th e Site; and 2 . those drawings known to City of physical conditions relating to existin g surface or subsurface structures at th e Site (except Underground Facilities). B. Limite d Reliance b y Contracto r on Technica l Data Authorized : Contracto r may rely upon the accurac y o f th e “technica l data” contained in such reports and drawings, but such reports and drawings are not Contrac t Docu ments. Suc h “technica l data” is identified in th e Supplementary Conditions. Contractor may not make any Contract Claim against City , o r any o f their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1 . th e completeness of such reports and drawings for Contractor’s purposes, including, but not limite d to , any aspects o f th e means, methods, techniques, sequences, and procedures of construction to be employe d by Contractor, and safety precaution s and programs incident thereto ; or 2 . other data , interpretations, opinions, and information contained in suc h reports o r shown or indicate d in such drawings; or 3 . any Contracto r interpretatio n of o r conclusio n drawn fro m any “technical data” or any such other data , interpretations, opinions, or information. 4.03 Differin g Subsurface o r Physica l Conditions A. Notice: If Contracto r believes that any subsurface o r physical conditio n that is uncovered or reveale d either: 1 . is o f suc h a nature as to establish that any “technical data ” on which Contracto r is entitled to rely a s provided in Paragraph 4.0 2 is materially inaccurate; or 2 . is of such a nature as to require a change in th e Contrac t Docu ments; or 3 . differs materially from that shown or indicated in th e Contract Documents; or 4 . is of an unusual nature, and differs materially from conditions ordinarily encountere d and generally recognized as inheren t in work o f th e characte r provided for in th e Contract Docu ments; CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 13 of 63 the n Contracto r shall, promptly afte r becomin g aware thereo f and before further disturbin g the subsurface or physica l conditions or performing any Work in connectio n therewith (except in an emergenc y as required b y Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Contracto r shall not be entitled to any adjustment in th e Contract Price o r Contract Time if: 1 . Contracto r knew of th e existence o f suc h condition s a t th e time Contracto r made a final commitment to City with respec t to Contract Price and Contract Time b y th e submission of a Bid or beco ming boun d under a negotiate d contract; or 2 . th e existenc e o f such conditio n could reasonably have been discovered or revealed as a result o f th e exa minatio n o f th e Contract Documents o r th e Site ; or 3 . Contracto r failed to giv e th e writte n notice a s required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown o r Indicated: Th e information and data shown o r indicated in th e Contrac t Docu ments with respect to existin g Underground Facilities at o r contiguou s to th e Site is based on information and data furnished to City o r Enginee r b y th e owners of such Underground Facilities, includin g City , o r by others. Unless it is otherwise expressly provide d in the Supple mentary Conditions: 1 . City and Enginee r shall not be responsible for th e accuracy or com pleteness of any such informatio n o r data provide d b y others; and 2 . th e cost of all o f th e f ollowin g will be include d in th e Contrac t Price , and Contracto r shall hav e full responsibility for: a . reviewin g and checkin g all such information and data; b . locatin g all Undergroun d Facilities shown o r indicated in th e Contract Documents; c . coordination and adjustmen t of th e Work with th e owners of such Underground Facilities, including City , during construction; and d . th e safety and protection o f all suc h Underground Facilities and repairing any damage thereto resulting from th e Work. B. No t Shown o r Indicated: 1 . If a n Underground Facility which conflicts with th e Work is uncovere d o r revealed at or contiguou s to th e Site whic h was not shown o r indicated , or not shown or indicated with reasonable accuracy in th e Contrac t Docu ments, Contractor shall, pro mptly afte r becoming aware thereo f and before further disturbing condition s affected thereby or performin g any CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 14 of 63 Work in connectio n therewith (excep t in a n emergency as require d by Paragrap h 6.17.A), identif y th e owne r o f such Underground Facility and give notice to tha t owne r and to City. City will review th e discovered Undergroun d Facility and determin e th e extent, if any , to which a change may be required in th e Contrac t Docu ments to reflect and docu men t the consequences of th e existenc e o r locatio n of th e Undergroun d Facility . Contracto r shall be responsible fo r th e safety and protection o f such discovere d Underground Facility. 2 . If City concludes that a change in th e Con tract Docu ments is required , a Change Order may b e issue d to reflect and docum en t suc h consequences. 3 . Verif icatio n o f existin g utilities, structures, and servic e lines shall includ e notif ication o f all utility companies a minimu m o f 48 hours in advance o f constructio n including exploratory excavation if necessary. 4.05 Reference Points A. City shall provid e engineering survey s to establish reference points for construction , which in City’s judgment are necessary to enable Contractor to proceed with th e Work . City will provide construction stakes o r other customar y method o f marking to establish lin e and grades for roadway and utility construction, centerlines and bench mark s for bridgework . Contracto r shall protect and preserv e th e establishe d reference points and property monu ments, and shall make no changes or relocations. Contracto r shall report to City whenever any reference point o r property monu ment is lost o r destroyed o r requires relocatio n because of necessary changes in grades or locations. Th e City shall b e responsible for th e replacement or relocatio n o f reference points or property monum ents not carelessly o r willfully destroyed b y th e Contractor. Th e Contracto r shall notify City in advance and with sufficien t time to avoid delays. B. Whenever, in th e opinio n o f th e City, any reference poin t o r monumen t has been carelessly or willf ully destroyed, disturbed, o r remove d b y th e Contractor o r any o f his employees, th e f ull cost f o r replacin g suc h points plu s 25% will b e charged against th e Contractor, and th e f ull amount will b e deducted from pay men t due th e Contractor. 4.06 Hazardous Environmenta l Conditio n a t Site A. Reports and Drawings: Th e Supple mentary Conditions identify those reports and drawings known to City relatin g to Hazardous Environmental Conditions that hav e been identified at the Site. B. Limite d Reliance b y Contracto r on Technica l Data Authorized : Contracto r may rely upon the accurac y o f th e “technica l data” contained in such reports and drawings, but such reports and drawings are not Contrac t Docu ments. Suc h “technica l data” is identified in th e Supplementary Conditions. Contractor may not make any Contract Claim against City , o r any o f their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1 . th e completeness of such reports and drawings for Contractor’s purposes, including, but not limite d to , any aspects o f th e means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 15 of 63 construction to be employed by Contracto r an d safety precautions and progra m s incident thereto ; or 2 . other data , interpretations, opinions and information containe d in suc h reports o r shown or indicate d in such drawings; or 3 . any Contractor interpretatio n o f o r conclusion drawn from any “technical data” or any such other data , interpretations, opinions o r information. C. Contracto r shall not b e responsible for an y Hazardou s Environmental Conditio n uncovered or reveale d at th e Site which was not shown o r indicated in Drawings o r Specifications o r identified in th e Contract Documents to be within th e scope of th e Work. Contracto r shall b e responsible for a Hazardou s Environ mental Conditio n create d with any materials brough t to th e Site by Contractor, Subcontractors, Suppliers, o r anyone else for who m Contracto r is responsible. D. If Contracto r encounters a Hazardou s Environm ental Condition o r if Contractor o r anyone for who m Contracto r is responsible creates a Hazardous Environmental Condition , Contractor shall immediately: (i) secure o r otherwise isolate such condition; (ii) stop all Work in connectio n with such conditio n and in any area affecte d thereb y (excep t in a n emergency a s required by Paragraph 6.17.A); and (iii) notif y City (an d promptly thereafter confirm such notice in writing). City may conside r th e necessity to retain a qualif ie d expert to evaluate suc h conditio n o r take corrective action , if any. E. Contracto r shall not be require d to resu me Work in connectio n with such condition o r in any affected area until a f ter City has obtaine d any required permits related thereto and delivered written notic e to Contractor: (i) specifying tha t suc h conditio n and any affecte d are a is o r has been rendered suitable for th e resumption o f Wo rk; o r (ii) specifying any special conditions under which such Work may b e resumed. F. If afte r receip t o f such writte n notice Contractor does not agree to resu m e such Work based on a reasonable belief it is unsafe, o r does not agree to resu me such Work under suc h special conditions, the n City may order th e portio n of th e Work that is in th e area affected by such condition to be delete d from th e Work . City may have such deleted portion of th e Work performed by City’s own force s or others. G. To th e fullest exten t permitte d b y Laws and Regulations, Contractor shall indemnify and hold harmless City, fro m and against all claims, costs, losses, and damages (including but not limited to all fee s and charges of engineers, architects, attorneys, and othe r professionals and all court o r arbitratio n o r othe r dispute resolutio n costs) arisin g out o f o r relatin g to a Hazardous Environmental Condition created by Contracto r o r by anyon e fo r who m Contractor is responsible. Nothin g in this Paragrap h 4.06.G shall obligate Contracto r to indemnify any individua l or entity from and against th e consequence s of that individual’s or entity’s own negligence. H. Th e provisions o f Paragraph s 4.02, 4.03 , and 4.0 4 do not apply to a Hazardou s Environmental Conditio n uncovered o r revealed at th e Site. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 16 of 63 ARTICLE 5 – BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required b y th e Contract Docu ments to b e purchased and maintained by Contracto r shall b e obtained from surety o r insuranc e companies that are duly license d o r authorized in th e State o f Texa s to issu e bonds or insuran ce policies for th e limits and coverages so required. Suc h surety and insurance companies shall also meet such additional requirements and qualifications as may b e provided in the Supplementary Conditions. 5.02 Performance , Payment, and Maintenance Bonds A. Contracto r shall furnish perform ance and pay ment bonds, in accordance with Texas Government Cod e Chapter 2253 o r successo r statute, each in an a m ount equa l to th e Contrac t Price as security for th e faithful performance and pay ment of all of Contractor’s obligation s under the Contrac t Docum ents. B. Contractor shall furnish maintenance bonds in an amount equal to th e Contrac t Price as security to protec t th e City against any defects in any portion o f th e Work describe d in th e Contract Docu ments. Maintenanc e bonds shall remain in ef f ec t for two (2 ) years af ter th e date o f Final Acceptance by th e City. C. All bonds shall b e in th e form prescribed b y th e Contrac t Documents except as provided otherwise b y Laws or Regulations, and shall b e ex ecuted b y such sureties as are named in th e list of “Co mpanies Holdin g Certificate s of Authority as Acceptable Sureties o n Federal Bond s and as Acceptable Reinsurin g Co mpanies” as publish ed in Circula r 570 (a m ended) b y th e Financial Management Service , Surety Bond Branch, U.S. Departmen t o f the Treasury . All bond s signed by an agen t or attorney -in -fact must b e accompa nied by a sealed and dated power o f attorney which shall sho w tha t it is effective o n th e date th e agen t o r attorney-in-fact signed each bond. D. If th e surety o n any bon d furnishe d b y Contractor is declare d bankrupt o r becomes insolven t or its right to d o business is terminate d in th e State of Texa s o r it cease s to meet th e require ments of Paragrap h 5.02.C, Contractor shall pro mptly notify City and shall, within 30 days after th e event givin g rise to suc h notification , provide another bon d and surety , both o f which shall comply with th e require ments of Paragraphs 5.01 and 5.02.C. 5.03 Certificate s of Insurance Contracto r shall deliver to City , with copies to each additional insure d and loss payee identified in the Supplem entary Conditions, certificates o f insurance (other evidenc e of insurance requested b y City or any othe r additional insured ) in at least the minimum amount as specified in the Supplementary Conditions which Contracto r is required to purchase and maintain. 1 . Th e certif icate o f insurance shall document th e City, and all identif ied entitie s named in the Supple mentary Condition s a s “Additiona l Insured ” o n all liability policies. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 17 of 63 2 . Th e Contractor’s genera l liability insuranc e shall includ e a, “per project” o r “pe r location”, endorse ment, whic h shall be identifie d in th e ce rtificate of insuranc e provided to th e City. 3 . Th e certificate shall be signed by an agen t authorized to bin d coverage o n behalf o f the insured, b e complete in its entirety, and sho w complete insurance carrier nam es as liste d in the current A.M. Best Property & Casualty Guide 4 . Th e insurers for all policie s must b e licensed and/or approved to d o business in th e State of Texas. Excep t for workers’ compensation, all insurers must hav e a minimu m ratin g o f A-: VII in th e curren t A. M. Best Key Ratin g Guide o r hav e reasonably equivalent financial strength and solvency to th e satisfactio n of Risk Management. If th e ratin g is below that required , written approva l o f City is required. 5 . All applicable policie s shall includ e a Waiver of Subrogatio n (Rights of Recovery) in favor o f th e City. In addition , th e Contracto r agree s to waiv e all rights o f subrogatio n against the Engineer (if applicable), and each addition al insure d identified in th e Supplementary Conditions 6 . Failure of th e City to dem and such certificates o r othe r evidence of f ull complianc e with the insuranc e requirements o r f ailure of th e City to identif y a deficiency fro m evidence that is provided shall not b e construed as a waive r of Contractor’s obligatio n to maintain such lines o f insurance coverage. 7 . If insuranc e policie s are not written f o r specif ied coverage limits , a n Umbrella o r Excess Liability insuranc e f or any differences is required . Excess Liability shall f ollow f or m of the primary coverage. 8 . Unless otherwise stated, all required insurance shall b e written o n th e “occurrence basis”. If coverage is underwritte n on a claims-mad e basis, the retroactive date shall be coincident with o r prio r to th e date o f th e effective date of th e agreement and th e certificate o f insurance shall state that th e coverage is claims-made and th e retroactive date . Th e insurance coverage shall b e maintaine d for th e duratio n o f th e Con tract and for three (3) years followin g Final Acceptance provided under th e Contract Docu ments or for th e warranty period, whichever is longer. An annual certificate of insuranc e sub mitte d to th e City shall evidenc e such insuranc e coverage. 9 . Policies shall hav e n o exclusions b y endorsements, which , neither nullif y o r amend , the require d line s of coverage, nor decrease th e limits of said coverage unless suc h endorsements are approve d in writing b y th e City. In th e even t a Contract has been bid o r executed and the exclusions are determined to b e unacceptable o r th e City desires additional insurance coverage, and th e City desires th e contractor/engineer to obtain suc h coverage, th e contract pric e shall b e adjusted by th e cost o f th e premium for such additional coverage plus 10%. 10. An y self -insured retention (SIR), in excess of $25,000.00, affectin g require d insurance coverage shall b e approved b y th e City in regard s to asset value and stockholders' equity. In CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 18 of 63 lie u o f traditiona l insurance , alternativ e coverage maintained through insurance pools o r risk retentio n groups, must also b e approved b y City. 11. An y deductible in excess o f $5,000.00 , for any policy tha t does not provid e coverage o n a first-dolla r basis, must b e acceptable to and approved b y th e City. 12. City , at its sole discretion , reserves th e righ t to review th e insurance require ments and to make reasonable adjustm ents to insurance coverage’s and their limits when deemed necessary and pruden t b y th e City based upon change s in statutory law, court decisio n or the claims history o f th e industry as well as o f th e contracting party to th e City . Th e City shall b e required to provid e prior notice of 90 d ays , and the insurance adjustments shall be incorporated into th e Work b y Change Order. 13. City shall be entitled , upon written request and without expense, to receive copie s o f policies and endorsements thereto and may make any reasonable requests for deletion o r revision or modifications o f particula r policy term s, con ditions, limitations, or exclusions necessary to conform th e policy and endorse ments to th e require ments o f th e Contract. Deletions, revisions, o r m odifications shall not b e requ ired where polic y provision s are establishe d by law or regulation s binding upon eithe r party or the underwriter on any such policies. 14. City shall not be responsible for th e direct paym en t of insurance prem ium costs for Contractor’s insurance. 5.04 Contractor’s Insurance A. Workers Compensatio n and Employers’ Liability. Contracto r shall purchase and maintain such insurance coverage with limits consistent with statutory bene fits outline d in th e Texas Workers’ Com pensatio n Act (Texas Labor Code , Ch. 406, a s amended), and minimu m limits for Employers’ Liability as is appropriate f or th e Work being perfor med and as will provide protectio n fro m claims set forth belo w which may arise out o f o r result from Contractor’s performance o f th e Work and Contractor’s othe r obligation s under th e Contract Docu ments, whethe r it is to be performed by Contractor, any Subcontractor o r Supplier, or by anyone directly o r indirectly employed by any of the m to perform any of th e Work, o r by anyon e for whose acts an y o f them may be liable: 1 . claim s under workers’ com pensation, disability benefits, and othe r simila r employee benefit acts; 2 . claim s for dam age s because o f bodily injury , o ccupational sickness o r disease , o r death of Contractor’s e mployees. B. Commercia l General Liability. Coverage shall includ e but not b e limite d to coverin g liability (bodily injury or property damage ) arisin g fro m: pre mises/operations, independen t contractors, products/co mpleted operations, persona l injury , and liability under an insured contract. Insurance shall b e provided o n an occurrence basis, and a s comprehensive as th e curren t Insurance Services Offic e (ISO) policy . This insuranc e shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 19 of 63 insurance o r self -insurance progra ms afforded to th e City . Th e Co mmercial General Liability policy , shall hav e no exclusions by endorsem ents that would alter o f nullify premises/operations, products/co mpleted operations, contractual, personal injury , o r advertisin g injury , which are norm ally contained with the policy, unless th e City approve s suc h exclusion s in writing. Fo r constructio n projects tha t presen t a substa n tial completed operatio n exposure, th e City may require th e contractor to maintain completed operation s coverage for a m inimu m o f n o less than three (3) years followin g th e completion o f th e projec t (if identifie d in th e Supplementary Conditions). C. Automobile Liability. A commercial business auto polic y shall provide coverage o n “any auto”, define d as autos owned , hired and non-owned an d provid e indemnity for claim s for damages because bodily injury or death o f any person an d or property damage arising out of th e work, maintenance o r use o f any m oto r vehicle b y th e Contractor, any Subcontractor or Supplier, or by anyon e directly o r indirectly e m ployed b y any o f them to perform any of th e Work, o r by anyone for whose acts any of them may be liable. D. Railroa d Protectiv e Liability . If any o f th e work o r any warranty work is within th e limits of railroa d right-of -way, th e Contracto r shall comp ly with th e requirements identif ie d in the Supple mentary Conditions. E. Notificatio n o f Polic y Cancellation: Contractor shall immediately notif y City upon cancellation o r other loss o f insurance coverage . Contracto r shall sto p work until replace ment insurance has bee n procured . There shall b e n o time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objectio n to th e coverage afforde d b y o r other provision s of th e bonds or insurance require d to be purchased and maintained by th e Con tractor in accordance with Article 5 o n th e basis o f non-conformance with th e Contrac t Documents, th e City shall so notif y th e Contractor in writing within 1 0 Business Day s af ter receip t of th e certificates (o r othe r evidence requested). Contractor shall provid e to th e City such additional information in respect o f insuranc e provided a s th e City may reasonably request. If Contractor does not purchase o r maintain all o f th e bonds and insurance required b y th e Contract Documents, th e City shall notify th e Contractor in writin g o f suc h f ailure prio r to th e start of th e Work , o r of such failure to maintain prio r to any change in th e required coverage. ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 6.01 Supervision an d Superintendence A. Contractor shall supervise, inspect, and direc t th e Work competently and efficiently , devoting such attentio n thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with th e Contract Docu ments. Contracto r shall b e solely responsible for the means, methods, techniques, sequences, and procedures o f construction. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 20 of 63 B. At all times durin g th e progress of th e Work , Contracto r shall assign a competent, English- speaking, Superintendent who shall not b e replace d withou t writte n notice to City . The Superintendent will be Contractor’s representative at th e Site and shall hav e authority to act on behalf o f Contractor. All communication give n to or receive d fro m th e Superintenden t shall be bindin g o n Contractor. C. Contracto r shall notify th e City 2 4 hours prio r to moving areas durin g th e sequence of construction. 6.02 Labor; Workin g Hours A. Contracto r shall provid e competent, suitably qualified personnel to perform construction as required b y th e Contrac t Docum ents. Contractor shall at all times maintain goo d disciplin e and orde r at th e Site. B. Excep t a s otherwise required for th e safety o r p rotection o f persons o r th e Work o r property at th e Site o r adjacen t thereto , and excep t a s otherwise stated in th e Contrac t Docu ments, all Work at th e Site shall b e perf ormed durin g Regular Workin g Hours. Contracto r will not permit the performance o f Work beyon d Regular Workin g Hours o r for Weeken d Working Hours without City’s written consen t (which will not b e unrea sonably withheld). Written request (b y letter or electronic communication ) to perform Work: 1 . for beyond Regular Working Hours request must be made b y noon at least two (2) Business Day s prior 2 . for Weekend Working Hours request must b e mad e b y noon of th e preceding Thursday 3 . for legal holiday s request must be made by noon two Business Day s prio r to th e legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in th e Contrac t Documents, Contractor shall provide and assume full responsibility for all services, m aterials, equip ment, labor, transportation, construction equipment and m achinery , tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, te mporary f acilities, and all other f acilities and incidentals necessary f o r th e perf ormance, Contracto r required testing, start-up, and completio n o f th e Work. B. All m aterials and equipmen t incorporate d into th e Work shall b e as specified or, if not specified, shall be of goo d quality and new, excep t as otherwise provided in th e Contrac t Docu ments. All specia l warranties and guarantees require d b y th e Specifications shall expressly ru n to th e benefit o f City . If require d b y City, Contracto r shall furnish satisfactory evidence (includin g reports of required tests) as to th e source , kind, and quality o f materials and equipment. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 21 of 63 C. All materials and equip ment to b e incorporate d into th e Work shall b e stored , applied, installed, connected , erected , protected , used, cleaned , and conditioned in accordanc e with instructions of th e applicable Supplier, excep t as otherwise ma y b e provided in th e Contract Documents. D. All ite m s of standard equipment to b e incorporated into th e Work shall b e th e latest m odel at the time of bid , unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to th e Project Schedu le established in accordance with Paragrap h 2.07 and th e General Requirements as it may be adjusted from time to time a s provided below. 1 . Contracto r shall sub mit to City for acceptanc e (to th e exten t indicated in Paragrap h 2.07 and th e General Require ments) propose d adjustm ents in th e Project Schedule tha t will not result in changin g th e Contract Time . Such adjustments will comply with any provision s o f the General Requirements applicable thereto. 2 . Contracto r shall submit to City a monthly Projec t Schedule with a monthly progress payment for th e duratio n o f th e Contrac t in accordance with th e schedule specificatio n 0 1 3 2 16. 3 . Propose d adjustments in th e Project Schedule that will change th e Contrac t Time shall be sub m itte d in accordance with th e require ments o f Article 12. Adjustments in Contract Time ma y only be made by a Change Order. 6.05 Substitutes and “Or-Equals” A. Wheneve r an ite m of material o r equip ment is sp ecified o r describe d in th e Contract Documents b y usin g th e name o f a proprietary item o r th e name of a particula r Supplier, th e specification or descriptio n is intended to establish the type, function , appearance, and quality required. Unless the specificatio n or descriptio n contain s o r is followed b y word s reading that n o like, equivalent, or “or-equal” ite m o r n o substitutio n is perm itted , other ite m s o f materia l o r equip ment of other Suppliers may be submitte d to City for review under th e circumstances described below. 1 . “Or-Equal” Items: If in City’s sole discretio n an ite m o f material or equip ment proposed by Contracto r is functionally equal to that name d and sufficiently similar so tha t no change in relate d Work will b e required , it may b e conside red b y City as a n “or-equal” item, in which case review and approval o f th e propose d item may, in City’s sole discretion, be accomplished withou t complianc e with so m e o r all of th e require ments for approval of propose d substitute ite ms. Fo r th e purpose s o f this Paragrap h 6.05.A.1 , a proposed ite m of material o r equipment will b e considered functionally equal to an ite m so named if: a . th e City determines that: 1) it is at least equal in materials o f construction , quality, durability , appearance, strength , and design characteristics; CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 22 of 63 2) it will reliably perf orm at least equally well th e f unctio n and achiev e th e results impose d b y th e design concept o f th e complete d Project as a functioning whole; and 3) it has a prove n record of performanc e and availability of responsive service ; and b . Contracto r certifies that, if approved and incorporated into th e Work: 1) there will be no increase in cost to th e City or increase in Contrac t Tim e; and 2) it will con f orm substantially to th e detailed requirements of th e item named in the Contrac t Documents. 2 . Substitute Items: a . If in City’s sole discretio n an ite m of material or equip men t proposed b y Contractor does not qualif y as an “or-equal” item under Paragrap h 6.05.A.1, it may b e sub mitte d as a proposed substitute ite m. b . Contracto r shall submit sufficient in for mation as provided belo w to allo w City to determin e if th e ite m o f material or equip ment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute ite ms of m aterial o r equip ment will not b e accepted b y City fro m anyone other than Contractor. c . Contracto r shall make written application to City for review o f a proposed substitute item of material o r equip ment tha t Contracto r seeks to f urnish o r use. Th e applicatio n shall comply with Section 01 2 5 0 0 and: 1) shall certif y that th e proposed substitute item will: a) perform adequately th e function s and achiev e th e results called f or b y th e general design; b ) b e sim ila r in substanc e to that specified; c) b e suited to th e same use as that specified; and 2) will state: a) th e extent, if any , to whic h th e use of th e proposed substitute item will prejudice Contractor’s achievement of final completio n o n time; b ) whether use o f th e proposed substitute ite m in th e Work will require a change in any of th e Contrac t Docu ments (o r in th e provision s o f any other direc t contract with City for other work o n th e Project) to adapt th e design to th e proposed substitute ite m; CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 23 of 63 c) whether incorporatio n o r use o f th e propose d substitute ite m in connection with th e Work is subject to paymen t of any license fee o r royalty; and 3) will identif y: a) all variation s o f the proposed substitute ite m fro m that specified; b ) available engineering, sales, maintenance, repair, and replacemen t services; and 4) shall contain an ite mized estimate of all costs o r credits that will result directly or indirectly f ro m use o f suc h substitute item, includin g costs o f redesign and Dam age Claims o f other contractors affected by any resultin g change. B. Substitute Constructio n Methods o r Procedures: If a specific m eans, m ethod, technique, sequence, o r procedure of construction is e xpressly required b y th e Contract Docu ments, Contracto r may furnish or utilize a substitute means, method, technique, sequence, o r procedure o f construction approved b y City . Contracto r shall sub mit sufficient in f ormation to allo w City , in City’s sole discretion , to determin e that th e substitute proposed is equivalent to that expressly calle d f or by th e Contract Documents. Contractor shall make written applicatio n to City f o r revie w in the same manne r a s those provide d in Paragraph 6.05.A.2. C. City’s Evaluation : City will b e allowed a reasonable tim e within whic h to evaluate each proposal o r subm itta l made pursuant to Paragraphs 6.05.A and 6.05.B. City may require Contractor to furnish additional data abou t th e propose d substitute. City will b e th e sole judge of acceptability. No “or-equal” o r substitute will b e ordered , installe d o r utilize d until City’s review is complete, whic h will b e evidenced b y a Change Order in th e case o f a substitute and an accepted Submittal for an “or-equal.” City will advise Contracto r in writing o f its determination. D. Specia l Guarantee: City may require Contracto r to furnish at Contractor’s expense a special perf ormance guarantee, warranty, o r other surety with respect to any substitute. Contracto r shall indemnify and hold harmless City and anyone directly o r indirectly employed b y them fro m and against any and all claims, damages, losses and expenses (including attorneys fees) arisin g out of th e use o f substitute d materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluatin g a substitute proposed or sub mitted by Contracto r pursuant to Paragraph s 6.05.A.2 and 6.05.B. Whethe r o r not City approves a substitute so propose d or sub mitte d by Contractor, Contractor may b e required to reimburse City for evaluatin g each suc h proposed substitute . Contracto r may also b e required to reimburse City for th e charges for making change s in th e Contract Documents (o r in the provisions o f any other direct c ontract with City) resulting from th e acceptance o f each proposed substitute. F. Contractor’s Expense: Contractor shall provide all data in support o f any propose d substitute or “or-equal” at Contractor’s expense. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 24 of 63 G. City Substitute Reimbursement: Costs (savings o r charges) attributable to acceptance o f a substitute shall b e incorporate d to th e Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, an d Others A. Contractor shall perform with his own organiza tion, work o f a valu e not less than 35% of the valu e embraced o n th e Contract, unless otherwise approved by th e City. B. Contracto r shall not employ any Subcontractor, Supplier, or other individua l o r entity , whether initially o r as a replace ment, against whom City may have reasonable objection . Contracto r shall not b e required to emplo y any Subcontractor, Supplier, o r other individual o r entity to f urnish or perform any o f th e Work against who m Contracto r has reasonable objection (excluding those acceptable to City a s indicate d in Paragraph 6.06.C). C. Th e City may f rom time to time require th e use of certain Subcontractors, Suppliers, o r other individuals o r entities o n th e project, and will provide such requirem ents in th e Supplementary Conditions. D. Minority Business Enterprise Compliance : It is City polic y to ensure th e f ull an d equitable participatio n b y Minority Business Enterprises (MBE) in the procure ment o f good s and services o n a contractual basis. If th e Contract Documents provide for a MBE goal, Contracto r is required to com ply with th e inten t of th e City’s MBE Ordinance (as a mended) b y th e following: 1 . Contracto r shall, upon request by City , provid e complete and accurate information regarding actual work performed b y a MBE on th e Contract and pay ment therefor. 2 . Contracto r will not make additions, deletion s, o r substitution s o f accepte d MBE without written consen t o f th e City . An y unjustif ied change o r deletio n shall be a materia l breach of Contrac t and may result in debarmen t in acco rdanc e with th e procedure s outlined in the Ordinance. 3 . Contractor shall, upon request b y City , allo w a n audit and/o r examinatio n o f any books, records, o r f ile s in th e possessio n o f th e Contracto r that will substantiate th e actual work performed by a n MBE. Material misrepresentatio n o f any nature will b e ground s for terminatio n of the Contrac t in accordance with Paragrap h 15.02.A. Any such misrepresentatio n may be grounds for disqualification o f Contracto r to bid o n future contracts with th e City for a period of not less than three years. E. Contracto r shall be fully responsible to City for all acts and o mission s o f th e Subcontractors, Suppliers, and other individuals or entities perf ormin g or f urnishing any o f th e Work just as Contracto r is responsible for Contractor’s o wn acts and o missions. Nothin g in th e Contract Docu ments: CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 25 of 63 1 . shall create f o r th e bene f it o f any such Subcontractor, Supplier, o r other individual o r entity any contractual relationship betwee n City a nd any such Subcontractor, Supplie r o r other individua l o r entity; nor 2 . shall create any obligatio n o n th e part o f City to pay or to see to th e pay ment of any moneys due any such Subcontractor, Supplier, o r othe r individual or entity except as may otherwise be require d by Laws and Regulations. F. Contracto r shall b e solely responsible for schedulin g and coordinatin g th e Work of Subcontractors, Suppliers, and other individuals o r entitie s perfor min g or f urnishing any o f the Work unde r a direct o r indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entitie s perfor ming o r f urnishing any o f th e Work shall communicate with City through Contractor. H. All Work perf orm ed f or Contracto r by a Subcon tractor o r Supplie r will b e pursuan t to an appropriate agreement between Contracto r and the Subcontracto r o r Supplie r whic h specifically bind s th e Subcontractor o r Supplier to th e applicable term s and condition s o f th e Contract Docu ments for th e benefit o f City. 6.07 Wag e Rates A. Duty to pay Prevailin g Wag e Rates. Th e Contracto r shall comply with all requirements of Chapter 2258, Texas Governmen t Code (as a mended), including th e pay ment o f not less tha n the rates determined by th e City Council o f th e City o f Fort Worth to be th e prevailing wage rates in accordanc e with Chapte r 2258. Such prevailin g wage rates are include d in these Contract Docu ments. B. Penalty fo r Violation . A Contracto r or any Subcontracto r who does not pay th e prevailin g wage shall, upon demand made by th e City , pay to the City $60 for each worker employe d for each calenda r day o r part o f th e day tha t th e worke r is paid less than th e prevailing wage rates stipulated in these contrac t docu ments. This penalty shall b e retained by th e City to o ffse t its ad ministrative costs, pursuant to Texas Govern ment Code 2258.023. C. Complaints o f Violation s and City Determinatio n of Goo d Cause . On receipt o f information, includin g a com plain t b y a worker, conce rnin g an alleged violatio n of 2258.023 , Texas Govern men t Code , b y a Contractor or Subcontractor, th e City shall make an initial determination , before th e 31st day after th e date th e City receive s th e information , as to whether goo d cause exists to believ e that th e violatio n occurred . Th e City shall notif y in writing the Contracto r or Subcontracto r and any affected worker o f its initia l determination . Upon th e City’s determination that there is goo d cause to believ e th e Contracto r or Subcontractor has violated Chapter 2258, th e City shall retain th e full am ounts claim ed b y th e claim ant o r claimants as the difference between wage s paid and wage s due unde r th e prevailing wage rates, such amounts being subtracted fro m successive progress p ayments pending a fina l determination o f the violation. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 26 of 63 D. Arbitratio n Required if Violation No t Resolved. An issu e relating to an alleged violation of Section 2258.023, Texa s Governmen t Code, including a penalty owed to th e City o r an affected worker, shall be submitte d to bindin g arbitratio n in accordance with th e Texas General Arbitratio n Act (Article 224 et se q., Revised Statutes) if th e Contracto r o r Subcontractor and any affected worker does not resolv e th e issu e b y agree men t before th e 15th day after th e date the City make s its initial determination pursuan t to Paragrap h C above. If th e person s required to arbitrate under this sectio n d o not agree on an arbitrator before th e 11th day afte r th e date that arbitratio n is required, a distric t court shall appoin t a n arbitrator on th e petition o f any o f the persons. Th e City is not a party in th e arbitration. Th e decisio n and award o f th e arbitrator is final and bindin g o n all parties and ma y b e enforced in any court of competen t jurisdiction. E. Record s to b e Maintained. Th e Contracto r and each Subcontractor shall, for a perio d o f three (3) years following th e date of acceptance o f th e work , maintain records tha t show (i) th e name and occupation o f each worker employed by th e Contractor in th e construction o f th e Work provided f o r in this Contract; and (ii) th e actual per die m wages paid to each worker. Th e records shall be open at all reasonable hours for inspection by th e City. Th e provision s o f Paragrap h 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress pay ment o r payroll period , whichever is less, the Contracto r shall sub mit an affidavit statin g that th e Contractor has com plied with the requirements o f Chapter 2258, Texas Govern ment Code. G. Postin g of Wag e Rates. Th e Contractor shall post prevailing wage rates in a conspicuou s place at all times. H. Subcontractor Compliance. Th e Contractor shall includ e in its subcontracts and/o r shall otherwise require all o f its Subcontractors to comply with Paragraphs A through G above. 6.08 Paten t Fees and Royalties A. Contractor shall pay all license f ees and royalties and assu me all costs inciden t to th e use in the performance of th e Work o r th e incorporatio n in th e Work o f any invention, design , process, product, o r device which is th e subjec t o f patent rights o r copyrights held by others. If a particular invention , design , process, product, or device is specified in th e Contract Docu ments for use in th e performance o f th e Work and if, to th e actual knowledge of City , its use is subject to patent rights o r copyrights callin g for th e paym en t of any license fee o r royalty to others, the existenc e of such rights shall b e disclose d by City in th e Contract Docu ments. Failure o f th e City to disclose such information does not reliev e th e Contractor fro m its obligations to pay for the use o f said fees or royalties to others. B. To th e fullest exten t permitted b y Laws and Re gulations, Contractor shall indemnify and hold harmless City, fro m and against all claims, costs, losses, and damages (including but not limited to all fee s and charges of engineers, architects, attorneys, and othe r professionals and all court o r arbitratio n o r other dispute resolutio n costs) arising out o f o r relatin g to any infringement of paten t rights or copyrights incident to th e use in th e performance of th e Work o r resultin g from CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 27 of 63 th e incorporation in th e Work o f any invention , design, process, product, o r device not specified in th e Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contracto r shall obtain and pay for all construction permits and licenses excep t those provide d for in th e Supplementary Condition s or Contract Docu ments. City shall assist Contractor, when necessary, in obtainin g such permits and licenses. Contracto r shall pay all governm ental charges and inspectio n fees necessary for the prosecution of th e Work which are applicable at th e time o f openin g o f Bids, or, if there are n o Bids, on the Effective Date o f th e Agreement, except for p ermits provided by th e City as specified in 6.09.B. City shall pay all charge s of utility owners for connection s for providing permanent service to the Work. B. City obtaine d permits and licenses. City will obtain and pay f or all permits and licenses as provided for in th e Supple m entary Condition s or Contract Docu ments. It will b e th e Contractor’s responsibility to carry out th e provisions o f th e permit. If th e Contracto r initiates change s to the Contrac t and th e City approves th e changes, th e Contractor is responsible for obtaining clearances and coordinating with th e appropriate regulatory agency . Th e City will not reim burse the Contracto r for any cost associated with th ese require ments o f any City acquire d permit. The f ollowin g are permits th e City will obtain if required: 1 . Texa s Departm en t of Transportation Permits 2 . U.S. Army Corp s of Engineers Permits 3 . Texa s Co mmission o n Environmenta l Quality Permits 4 . Railroad Co mpan y Perm its C. Outstanding permits and licenses. Th e City anticipates acquisitio n of and/o r access to permits and licenses. An y outstandin g permits and licenses are anticipated to b e acquire d in accordance with th e schedule set forth in th e Supplementary Conditions. Th e Project Schedule sub mitte d by th e Contracto r in accordance with th e Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall giv e all notice s require d by an d shall comply with all Laws and Regulations applicable to th e performance o f th e Work . Excep t where otherwise expressly require d by applicable Laws and Regulations, th e City shall not be responsible for monitoring Contractor’s com pliance with any Laws o r Regulations. B. If Contractor performs any Work knowing o r having reason to kno w tha t it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, an d damages (includin g but not limited to all fees and charges o f engineers, arch itects, attorneys, and other professionals and all CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 28 of 63 court or arbitratio n o r othe r dispute resolutio n c osts) arisin g out o f o r relatin g to such Work. However, it shall not b e Contractor’s responsibility to make certain that th e Specifications and Drawings are in accordanc e with Laws and Regulations, but this shall not reliev e Contractor of Contractor’s obligation s unde r Paragraph 3.02. C. Change s in Laws or Regulation s not known a t the time of openin g o f Bids havin g an effect on th e cost o r time o f performanc e of th e Wor k may be th e subject of an adjustmen t in Contract Price o r Contract Time . 6.11 Taxes A. On a contract awarded b y th e City, an organization whic h qualifies for exemptio n pursuant to Texa s Ta x Code, Subchapter H, Section s 151.301-335 (as amended), th e Contractor may purchase, ren t o r lease all m aterials, sup p lie s and equipment used o r consu med in the performance o f this contrac t by issuin g to his supplie r an exem ptio n certif icate in lie u o f th e tax, said exemption certificate to comply with State Comptroller’s Rulin g .007 . Any such exemption certificate issued to th e Contracto r in lieu o f th e ta x shall b e subject to and shall comply with the provisio n o f State Com ptroller’s Rulin g .011 , and any other applicable rulings pertainin g to the Texa s Ta x Code, Subchapter H. B. Texas Ta x permits and information may b e obtained from: 1 . Co mptroller o f Public Accounts Sales Tax Division Capito l Station Austin , TX 78711 ; or 2 . http://www.window.state.tx.us/taxinfo/taxfor ms/93 -forms.html 6.12 Use of Site and Other Areas A. Limitatio n o n Use of Site and Other Areas: 1 . Contracto r shall confine construction equip ment, th e storage o f m aterials and equipment, and th e operation s o f workers to th e Site and o ther area s permitted b y Laws and Regulations, and shall not unreasonably encumber th e Site and other areas with construction equipmen t or other materials or equip ment. Contracto r shall assume full responsibility fo r any dam age to an y such lan d o r area, or to th e owne r or occupan t thereof, o r o f any adjacen t land o r areas resulting fro m th e performance o f th e Work. 2 . At any time when , in th e judgment o f th e City , the Contracto r has obstructed or close d o r is carryin g o n operation s in a portio n o f a street, right-of -way, o r easement greater than is necessary for proper execution o f th e Work, th e City may require th e Contractor to finish the sectio n o n which operation s are in progress b efore work is commenced o n any additional are a o f th e Site. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 29 of 63 3 . Should any Damage Claim b e made by any such owner o r occupan t because o f the performance o f th e Work , Contractor shall promptly attempt to resolv e th e Dam age Claim. 4 . Pursuan t to Paragraph 6.21, Contracto r shall indemnify and hold harmless City , fro m and against all claims, costs, losses, an d damages arising out o f o r relatin g to any claim or action, lega l or equitable, brought b y an y such owner or occupan t against City. B. Remova l o f Debris During Performance o f th e Work : Durin g th e progress of th e Work Contracto r shall keep th e Site and othe r areas free from accum ulations o f waste materials, rubbish, and other debris. Removal and disposal of suc h 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 th e Contracto r tha t the clean -u p on th e jo b site is proceedin g in a manner unsatisfactory to th e City , if th e Contractor fails to correct th e unsatisfactory procedure, th e City may tak e such direc t action as th e City deems appropriate to correc t th e clean -u p deficiencie s cited to th e Contracto r in th e written notice (b y lette r or electronic communication), and th e costs of such direct action , plu s 2 5 % of such costs, shall b e deducte d from th e monies due o r to become due to th e Contractor. D. Fina l Site Cleaning : Prior to Final Acceptance o f th e Work Contractor shall clea n th e Site and th e Work and make it read y f or utilization by City or adjacent property owner. At th e completion o f th e Work Contracto r shall remove from th e Site all tools, appliances, construction equipment and machinery , and surplu s materials and shall restore to original condition o r bette r all property disturbed b y th e Work. E. Loadin g Structures: Contractor shall not load nor permit any part o f any structure to b e loaded in any m anner tha t will endanger th e structure, nor shall Contractor subjec t any part o f th e Work o r adjacen t property to stresse s or pressure s that will endange r it. 6.13 Record Documents A. Contracto r shall m aintain in a safe place at th e Site o r in a plac e designate d b y th e Contractor and approved b y th e City , one (1 ) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations an d clarification s in goo d order and annotated to sho w changes m ade durin g construction. These record docu ments together with all approved Sa m ples and a counterpart o f all accepte d Sub mittals will be available to City for reference. Upon com pletio n of th e Work , these record docu ments, any operatio n and m aintenance m anuals, and Subm ittals will b e delivered to City prio r to Final Inspection. Contracto r shall include accurate location s fo r buried and imbedded items. 6.14 Safety and Protection A. Contracto r shall be solely responsible for initiating, maintainin g and supervising all safety precautions and programs in connection with th e Work . Suc h responsibility does not relieve Subcontractors o f their responsibility for th e safety o f persons or property in th e performance of their work , nor f o r compliance with applicable safety Laws and Regulations. Contracto r shall CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 30 of 63 tak e all necessary precautions for th e safety o f , and shall provide th e necessary protectio n to preven t damage, injury o r loss to: 1 . all person s o n th e Site or who may be affected by th e Work; 2 . all th e Work and materials and equip men t to b e incorporated therein, whether in storage on o r of f th e Site; and 3 . other property at th e Site o r adjacen t thereto , includin g trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Undergroun d Facilities not designated for removal, relocation, o r replacemen t in th e course o f construction. B. Contracto r shall comply with all applicable Laws and Regulation s relating to th e saf ety of person s or property , or to th e protectio n of persons or property from dam age, injury, o r loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notif y owners o f adjacen t property and o f Undergroun d Facilities and other utility owners when prosecution o f th e Work m ay affect them, and shall cooperate with them in th e protection, removal, relocation, and replacemen t o f their property. C. Contracto r shall comply with th e applicable require ments of City’s safety programs, if any. D. Contracto r shall inform City of th e specific requirements of Contractor’s safety program, if any, with whic h City’s employees and representatives must comply while at th e Site. E. All dam age, injury , o r loss to any property referred to in Paragrap h 6.14.A.2 or 6.14.A.3 caused, directly o r indirectly , in whole o r in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly o r indirectly employed b y any o f them to perform any o f the Work, or anyon e for whose acts any o f them may b e liable, shall b e remedied by Contractor. F. Contractor’s duties and responsibilitie s for safety and for protection o f th e Work shall continue until such time as all th e Wor k is completed and City ha s accepted th e Work. 6.15 Safety Representative Contracto r shall inform City in writing of Contractor’s designated safety representativ e at th e Site. 6.16 Hazard Communicatio n Programs Contracto r shall b e responsible for coordinating any exchange o f material safety data sheets or other hazard comm unication information required to b e made available to or exchanged between or among employers in accordance with Laws o r Regulations. 6.17 Emergencies and/or Rectification A. In em ergencies affecting th e safety or protectio n o f persons o r th e Work or property a t th e Site or adjacen t thereto , Contractor is obligate d to act to preven t threatened damage, injury , or loss. Contracto r shall give City pro mp t written notice if Contracto r believe s tha t any signif icant CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 31 of 63 changes in th e Work or variations from th e Contract Documents hav e been caused thereb y or are required as a result thereo f . If City determines that a change in th e Contract Docu ments is required because o f th e action take n b y Contractor in response to suc h an emergency, a Change Order may b e issued. B. Should th e Contracto r fail to respon d to a request fro m th e City to rectif y any discrepancies, o missions, or correction necessary to conform with th e requirements o f th e Contract Docu ments, th e City shall giv e th e Contracto r written notice that such work or change s are to be perf ormed. Th e written notic e shall direct attentio n to th e d iscrepant condition and request th e Contractor to tak e re m edial actio n to correc t th e condition . In th e even t th e Contracto r does not tak e positive step s to fulfill this writte n request, o r does not sho w just cause for not takin g th e proper action, within 24 hours, th e City may tak e suc h remedial actio n with City forces or b y contract. Th e City shall deduct an a m ount equal to th e entire costs for suc h re medial action , plu s 25%, from any fund s due or beco me due th e Contracto r on th e Project. 6.18 Submittals A. Contracto r shall sub mit require d Sub mittals to City f or review and acceptance in accordance with th e accepte d Schedule o f Sub mittals (as required by Paragraph 2.07). Each sub mittal will be identifie d as City m ay require. 1 . Sub mit numbe r of copies specifie d in th e General Requirements. 2 . Data shown o n th e Sub mittals will be complete with respec t to quantities, dimensions, specified performance and design criteria , materials, and similar data to sho w City the services, materials, and equip ment Contractor proposes to provid e and to enable City to revie w the informatio n for th e limited purposes required by Paragraph 6.18.C. 3 . Sub mittals sub mitte d a s herein provided b y Contractor and reviewed by City for conformance with th e design concep t shall be execute d in con f or mity with th e Contract Docu ments unless otherwise required by City. 4 . When Sub mittals are sub mitted f o r th e purpose o f showing th e installatio n in greate r detail, their review shall not excuse Contracto r fro m requirements shown o n th e Drawings and Specifications. 5 . For-Information -Only sub m ittals upon which th e City is not expecte d to conduct review or tak e responsive action ma y b e so identified in th e Contract Documents. 6 . Sub mit required nu mber of Sa mples specified in th e Specifications. 7 . Clearly identif y each Sa mple a s to material, Sup plier, pertinen t data such as catalog numbers, th e use for which intended and othe r data a s City m ay require to enable City to review the sub m itta l for th e limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 32 of 63 B. Where a Submitta l is require d by th e Contrac t Documents o r th e Schedule o f Sub mittals, any relate d Work performe d prio r to City’s revie w and acceptance of th e pertinent sub m ittal will be at th e sole expense and responsibility o f Contractor. C. City’s Review: 1 . City will provid e timely review o f require d Submittals in accordance with th e Schedule of Sub mittals acceptable to City . City’s revie w and acceptance will be only to determin e if the ite ms covere d b y th e sub mittals will, af te r installation o r incorporation in th e Work , conform to th e in f ormation given in th e Contract Documents and b e compatible with th e design concept o f th e completed Projec t a s a functionin g whole as indicated by th e Contract Documents. 2 . City’s review and acceptanc e will not exten d to means, methods, techniques , sequences, or procedure s o f construction (except where a particular m eans, m ethod, technique, sequence, o r procedure o f construction is specifically and expressly called for by th e Contract Docu ments) or to safety precautions o r programs inciden t thereto. Th e review and acceptance o f a separate ite m as suc h will not indicate approva l o f th e asse m bly in whic h th e item functions. 3 . City’s revie w and acceptance shall not relieve Contractor from responsibility for any variatio n fro m th e require m ents of th e Contract Docu ments unless Contracto r has complied with th e require ments o f Sectio n 0 1 33 00 and City has given writte n acceptanc e o f each such variatio n b y specif ic written notatio n thereof incorporate d in or accompanying the Sub mittal. City’s revie w and acceptance shall not reliev e Contracto r fro m responsibility for complyin g with th e requirements of th e Contract Docum ents. 6.19 Continuin g th e Work Excep t as otherwise provided , Contractor shall carry o n th e Work and adhere to th e Project Schedule durin g all disputes o r disagree ments with City . No Work shall be delaye d o r postponed pending resolutio n o f any dispute s or disagree ments, excep t as City and Contracto r may otherwise agre e in writing. 6.20 Contractor’s Genera l Warranty and Guarantee A. Contracto r warrants and guarantees to City that a ll Work will b e in accordance with th e Contract Docu ments and will not b e def ective. City and its o fficers, directors, members, partners, employees, agents, consultants, and subcontractors shall b e entitled to rely o n representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunde r excludes defects o r damage caused by: 1 . abuse, modification , o r improper maintenance or operation b y persons other than Contractor, Subcontractors, Suppliers, or any othe r individua l or entity f o r whom Contracto r is responsible ; or CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 33 of 63 2 . normal wear and tear under normal usage. C. Contractor’s obligatio n to perform and complete th e Work in accorda nce with th e Contract Docu ments shall b e absolute . Non e o f th e f ollowin g will constitute an acceptance o f Work that is not in accordanc e with th e Contract Docum ents or a release o f Contractor’s obligatio n to perform th e Work in accordance with the Contract Docu ments: 1 . observations b y City; 2 . reco mmendatio n o r payment b y City of any progress o r final pay ment; 3 . th e issuance of a certificate of Final Acceptance b y City or any pay ment related thereto by City; 4 . use o r occupancy of th e Work or any part thereof b y City; 5 . any review and acceptance o f a Sub mitta l by City; 6 . any inspection , test, o r approva l b y others; or 7 . any correctio n of defectiv e Work by City. D. Th e Contracto r shall remedy any defects o r damage s in th e Work and pay for any damage to othe r work o r property resultin g therefrom whic h shall appea r within a perio d o f tw o (2 ) years fro m th e date o f Fina l Acceptanc e of th e Work unless a longe r perio d is specified and shall furnish a goo d and sufficient maintenance bond, co mplyin g with th e require m ents of Article 5.02.B. Th e City will giv e notic e of observed defects with reasonable promptness. 6.21 Indemnification A. Contracto r covenants and agrees to indemnify , hold harmless and defend, a t its own expense , the City , its officers, servants and employees, fro m and against any and all claims arising out of, o r alleged to arise out of, the work and service s to be performe d by the Contractor , its officers, agents, employees, subcontractors, license s o r invitee s unde r 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 provisio n is intende d to include, without limitation, indemnity fo r costs, expense s and legal fee s incurred by the City in defending against such claims and causes o f actions. B. Contracto r covenants and agree s to indemnify and hold harmless, a t its o wn expense, the City, its officers, servants and employees, fro m and against any and all loss, damage or destruction o f property o f the City , arising out of, o r alleged to arise out of, the work and services to be performe d by the Contractor , its officers, agents, employees, subcontractors, licensee s or invitee s unde r this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegatio n of Professional Design Services A. Contractor will not b e required to provid e pro fe ssional design service s unless such services are specifically require d b y th e Contrac t Documents for a portion o f th e Work o r unless such services are required to carry out Contractor’s responsibilitie s for construction means, methods, techniques, sequence s and procedures. B. If professional design services o r certification s by a design professional related to systems, materials o r equip men t are specifically require d o f Contractor b y th e Contract Docu ments, City will specif y all perf ormance and design criteria tha t such service s must satisf y . Contractor shall cause such services o r certification s to b e provide d b y a properly licensed professional, whose signature and sea l shall appear o n all drawings, calculations, specifications, certifications, and Subm ittals prepare d b y such professional. Sub mittals relate d to th e Work designe d o r certified by such pro f essional, if prepare d b y others, shall bea r such pro f essional’s writte n approval when sub mitted to City. C. City shall b e entitled to rely upon th e adequac y, accurac y and com pleteness o f th e services, certification s o r approvals performed by such design professionals, provided City has specified to Contracto r performance and design criteria that such services mus t satisfy. D. Pursuan t to this Paragrap h 6.22 , City’s revie w and acceptance o f design calculations and design drawings will b e only f or th e limited purpose o f checking f o r conformance with performance and design criteria given and th e design concept expressed in th e Contract Documents. City’s review and acceptance o f Sub mittals (excep t design calcu lation s and design drawings) will b e only for th e purpose state d in Paragrap h 6.18.C. 6.23 Right to Audit A. Th e Contracto r agree s that th e City shall, u ntil th e expiratio n o f three (3 ) years a f ter f inal pay ment under this Contract, have access to and th e right to examin e and photocop y any directly pertinen t books, documents, papers, and records o f th e Contracto r involvin g transaction s relating to this Contract. Contractor agrees that th e City shall hav e access during Regular Working Hours to all necessary Contractor f acilities and shall be provide d adequate and appropriate work space in orde r to conduct audits in com pliance with th e provision s o f this Paragraph . Th e City shall giv e Contracto r reasonable advance notic e of intended audits. B. Contracto r further agrees to includ e in all its subcontracts hereunder a provisio n to th e effec t that th e subcontracto r agrees that th e City shall, until th e expiratio n of three (3) years a f ter f inal pay ment under this Contract, have access to and th e right to examin e and photocop y any directly pertinen t books, documents, papers, and record s o f suc h Subcontractor, involving transactions to th e subcontract, and further, that City shall hav e access during Regula r Workin g Hours to all CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 35 of 63 Subcontracto r f acilities, and shall b e provide d adequate and appropriate work space in order to conduc t audits in compliance with th e provision s o f this Paragraph . Th e City shall give Subcontracto r reasonable advance notice of intende d audits. C. Contracto r and Subcontractor agre e to photocopy such docu ments as may be requested by the City. Th e City agrees to reimburse Contracto r for th e cost of th e copie s as follows at th e rate published in th e Texas Administrative Cod e in effect as o f th e time copying is performed. 6.24 Nondiscrimination A. Th e City is responsible for operatin g Public Transportation Program s and implementing transit- relate d projects, whic h are funde d in part with Federal financial assistance awarde d b y th e U.S. Departm ent of Transportatio n and th e Federa l Transit Administratio n (FTA), without discriminating against any person in th e Unite d States on th e basis o f race, color, o r national origin. B. Title VI, Civil Rights Act o f 1964 a s amended: Contractor shall compl y with th e requirements of th e Act and th e Regulation s a s further defined in th e Supple mentary Conditions for any project receivin g Federal assistance. ARTICLE 7 – OTHER WORK AT THE SITE 7.01 Relate d Work at Site A. City ma y perform othe r work related to th e Project at th e Site with City’s employees, o r other City contractors, o r through other direct contracts therefor, or have other work performed by utility owners. If suc h othe r work is not note d in th e Contract Docu ments, the n written notice thereof will b e given to Contractor prior to starting any such other work; and B. Contracto r shall afford each other contractor wh o is a party to such a direc t contract, each utility owner, and City , if City is performin g other work with City’s employees o r other City contractors, prope r and safe access to th e Site , provide a reasonable opportunity for the introduction and storage o f m aterials and equip men t and th e executio n of such other work , and properly coordinate the Work with theirs. Contracto r shall d o all cutting, fitting, and patchin g of th e Work that may be required to properly connect o r otherwise m ake its severa l parts come together and properly integrate with suc h other work . Contracto r shall not endanger any work of others b y cutting, excavating, o r otherwise altering such work; provided, however, that Contracto r m ay cut or alter others' work with th e written consent o f City and th e others whose work will b e affected. C. If th e proper execution o r results o f any part o f Contractor’s Wor k depends upon work performed b y others under this Article 7, Contracto r shall in spect such othe r work and pro m ptly report to City in writin g any delays, defects, or deficiencies in such othe r work tha t render it unavailable o r unsuitable fo r th e proper execution and results o f Contractor’s Work. Contractor’s failure to so report will constitute an acceptanc e o f such othe r work as fit and prope r for integratio n with Contractor’s Wor k except for latent defects in the work provided b y others. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 36 of 63 7.02 Coordination A. If City intend s to contract with others f o r th e performance o f other work o n th e Projec t at the Site, th e following will be set forth in Supplementary Conditions: 1 . th e individua l or entity who will hav e autho rity and responsibility for coordination o f the activitie s among th e various contractors will b e identified; 2 . th e specific matters to b e covered b y such authority and responsibility will b e ite mized ; and 3 . th e exten t o f suc h authority and responsibilities will b e provided. B. Unless otherwise provided in th e Supple mentary Conditions, City shall hav e authority for such coordination. ARTICLE 8 – CITY’S RESPONSIBILITIES 8.01 Communications to Contractor Excep t as otherwise provided in th e Supplementary Conditions, City shall issu e all communications to Contractor. 8.02 Furnish Data City shall timely furnish th e data required under th e Contract Documents. 8.03 Pa y When Due City shall m ake payments to Contracto r in accordance with Article 14. 8.04 Land s and Easements; Reports an d Tests City’s dutie s with respec t to providin g land s an d ease ments and providing engineering surveys to establish reference points are set forth in Paragraph s 4.01 and 4.05 . Paragrap h 4.0 2 refers to City’s identifying and makin g available to Contracto r copies o f reports of exploration s and tests of subsurface condition s and drawings of physical conditions relating to existin g surface or subsurface structures at o r contiguou s to th e Site that hav e bee n utilize d b y City in preparing th e Contract Docum ents. 8.05 Chang e Orders City shall execute Change Orders in accordance with Paragrap h 10.03. 8.06 Inspections, Tests, and Approvals City’s responsibility with respec t to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 37 of 63 8.07 Limitation s o n City’s Responsibilities A. Th e City shall not supervise, direct, o r hav e contro l or authority over, nor b e responsible for, Contractor’s means, methods, techniques, sequence s, or procedure s o f construction , or th e safety precautions and programs incident thereto, o r for an y failure o f Contractor to com ply with Laws and Regulation s applicable to th e performance of th e Work . City will not b e responsible for Contractor’s failure to perform th e Wor k in accordanc e with th e Contract Documents. B. City will notif y th e Contractor o f applica ble safety plans pursuant to Paragrap h 6.14. 8.08 Undisclosed Hazardous Environmental Condition City’s responsibility with respec t to an undisclosed Hazardous Environmental Condition is set forth in Paragrap h 4.06. 8.09 Complianc e with Safety Program While a t th e Site, City’s employees and representa tives shall comply with th e specific applicable require ments of Contractor’s safety programs o f which City has been in formed pursuant to Paragrap h 6.14. ARTICLE 9 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City’s Projec t Manager City will provid e one o r more Project Manager(s) durin g th e constructio n period . Th e duties and responsibilitie s and th e limitation s o f authority o f City’s Project Manager during construction are set f orth in th e Contrac t Docu ments. The City’s Project Manager for this Contract is identified in the Supplementary Conditions. 9.02 Visits to Site A. City’s Project Manager will make visits to th e Site at intervals appropriate to th e various stages o f constructio n as City deems necessary in order to observ e th e progress tha t has been made and th e quality o f th e variou s aspects o f Contractor’s executed Work . Based on in f ormation obtaine d during suc h visits and observations, City’s Project Manager will determine, in general, if th e Work is proceed ing in accordance with th e Contract Docu ments. City’s Project Manager will not b e required to make exhaustiv e o r continuous inspections o n th e Site to check th e quality or quantity of the Work . City’s Projec t Manager’s efforts will b e directed toward providing City a greate r degre e o f con f idence that th e completed Work will conf orm generally to th e Contract Docu ments. B. City’s Project Manager’s visits and observations are subjec t to all th e limitations on authority and responsibility in th e Contrac t Docu ments includin g those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 38 of 63 9.03 Authorize d Variation s in Work City’s Project Manager may authorize mino r variations in th e Work fro m th e require ments of the Contrac t Docu ments which d o not involve an adjustmen t in th e Contract Pric e o r th e Contract Time and are com patible with th e design concep t o f th e complete d Project as a functioning whole as indicate d by th e Contract Docu ments. These may b e accom plishe d b y a Field Order and will be bindin g o n City and also on Contractor, who shall perform th e Work involved promptly. 9.04 Rejectin g Defective Work City will hav e authority to reject Work which City ’s Project Manager believes to b e defective, or will not produc e a completed Project that con for ms to th e Contrac t Docu ments or that will prejudic e th e integrity of th e design concep t o f th e completed Project as a functioning whole as indicate d b y the Contrac t Docu ments. City will hav e authority to conduct special inspection or testin g o f th e Work as provided in Article 13, whether o r not th e Work is fabricated, installed, or completed. 9.05 Determination s fo r Work Performed Contracto r will determ in e th e actual quantities and classifications o f Work perfor med. City’s Project Manager will review with Contractor th e preliminary determinations on such matters before rendering a written reco mmendation. City’s written decision will b e fina l (except as modifie d to reflect changed factual conditions o r mor e accurate data). 9.06 Decision s o n Requirements o f Contrac t Documents and Acceptability of Work A. City will be th e initia l interpreter of th e require ments o f th e Contract Docu ments and judge of the acceptability of th e Work thereunder. B. City will render a written decisio n o n any issu e referred. C. City’s written decisio n on th e issu e ref erred will b e f inal and bindin g o n th e Contractor, subject to th e provisions of Paragraph 10.06. ARTICLE 1 0 – CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.0 1 Authorized Changes in th e Work A. Withou t invalidatin g th e Contract and without notice to any surety , City may , at any time or from time to time, order Extra Work . Upo n notice o f such Extra Work , Contracto r shall pro mptly procee d with th e Work involved which will b e p erforme d under th e applicable condition s of the Contrac t Docu ments (excep t as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. Fo r mino r change s of Work not requirin g changes to Contract Time o r Contrac t Price, a Field Orde r m ay be issued b y th e City. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 39 of 63 10.0 2 Unauthorize d Changes in th e Work Contracto r shall not b e entitled to a n increase in th e Contract Pric e o r a n extensio n o f th e Contract Time with respect to any work performed that is not required b y th e Contract Documents as amended, modified, or supplemented as provide d in Paragrap h 3.04 , except in th e case o f an e m ergency as provided in Paragraph 6.17. 10.0 3 Executio n o f Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1 . change s in th e Work which are: (i) ordered b y City pursuant to Paragrap h 10.01.A, (ii) required because o f acceptance o f defectiv e Work under Paragrap h 13.0 8 o r City’s correction of defective Work under Paragrap h 13.09, or (iii) agreed to by th e parties; 2 . change s in th e Contract Pric e o r Contrac t Time which are agreed to b y th e parties, including any undispute d sum or am ount o f tim e for Work actually performed. 10.0 4 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, o r as to th e payment thereof , and th e City insists upo n its performance, th e Contracto r shall proceed with th e work after makin g writte n request fo r written orders and shall keep accurate account o f th e actual reasonable cost thereof. Contract Claims rega rdin g Extra Work shall be m ad e pursuan t to Paragraph 10.06. B. Th e Contracto r shall f urnish th e City such installation record s of all deviations from th e original Contrac t Docu ments as may be necessary to enable th e City to prepare for perm anent record a corrected set o f plans showing th e actua l installation. C. Th e compensatio n agree d upon for Extra Work whether o r not initiate d b y a Change Order shall b e a f ull, complete and f inal pay ment f o r all costs Contractor incurs as a result o r relatin g to the change o r Extra Work , whether said costs are known , unknown, foreseen o r unforeseen at that time , includin g withou t limitation, any costs for delay, extended overhead , ripple or impac t cost, o r any othe r effec t o n changed o r unchanged work as a result o f th e change or Extra Work. 10.0 5 Notificatio n to Surety If th e provisions o f any bon d require notice to b e give n to a surety o f any change affecting the general scop e o f th e Work o r th e provision s o f th e Contrac t Docu ments (including, but not limited to, Contrac t Price or Contract Time), th e giving o f any such notice will be Contractor’s responsibility. Th e amount o f each applicable bond will b e adjuste d b y th e Contracto r to reflect the effect of any such change. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 40 of 63 10.0 6 Contract Claims Process A. City’s Decisio n Required : All Contract Claims, excep t those waived pursuant to Paragraph 14.09 , shall b e referre d to th e City for decision. A decisio n b y City shall be require d a s a condition precedent to any exercise by Contractor o f any rights o r re m edies h e m ay otherwise hav e under th e Contract Docu ments o r b y Laws and Regulation s in respect of such Contract Claims. B. Notice: 1 . Written notic e statin g th e general nature of each Contract Claim shall be delivered b y the Contracto r to City n o later tha n 15 day s after th e start o f th e even t giving rise thereto . The responsibility to substantiate a Contrac t Claim shall rest with th e party makin g th e Contract Claim . 2 . Notic e o f th e a m ount or extent of th e Contract Claim , with supporting data shall b e delivered to th e City o n o r before 4 5 day s from th e start o f th e event givin g rise thereto (unless th e City allows additional time for Contractor to sub m it additional o r more accurate data in support of such Contract Claim). 3 . A Contract Claim for an adjustment in Contrac t Price shall be prepare d in accordanc e with th e provisions o f Paragraph 12.01. 4 . A Contract Claim for an adjustment in Contract Time shall be prepare d in accordanc e with th e provisions o f Paragraph 12.02. 5 . Each Contrac t Claim shall b e accompanied by Contractor’s writte n statement tha t the adjustment claimed is th e entire adjustment to whic h th e Contracto r believes it is entitled as a result of said event. 6 . Th e City shall sub mit any response to th e Con tracto r within 3 0 day s after receip t o f the claim ant’s last submitta l (unless Contract allows additional time). C. City’s Actio n: City will revie w each Contract Claim and , within 3 0 day s after receip t of th e last sub mittal of the Contractor, if any, take one o f th e followin g actions in writing: 1 . den y th e Contract Claim in whole o r in part; 2 . approve th e Contract Claim; or 3 . notif y th e Contracto r tha t th e City is unable to resolv e th e Contrac t Claim if , in th e City’s sole discretion, it would be inappropriate for th e City to do so . Fo r purposes o f further resolutio n o f th e Contract Claim, such notice shall be deem ed a denial. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 41 of 63 D. City’s written actio n under Paragrap h 10.06.C will b e fina l and binding, unless City or Contracto r invok e th e dispute resolution procedure set forth in Article 1 6 within 3 0 day s of such actio n o r denial. E. No Contract Claim f o r an adjustment in Contrac t Price or Contract Time will b e valid if not sub mitted in accordance with this Paragraph 10.06. ARTICLE 1 1 – COST OF TH E WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.0 1 Cost of th e Work A. Costs Included: Th e term Cost of th e Work means th e sum o f all costs, except those excluded in Paragrap h 11.01.B, necessarily incurred and paid b y Contractor in th e proper perform ance of the Work . When th e valu e o f any Work covered b y a Change Order, th e costs to b e reimburse d to Contracto r will b e only those additional o r incre mental costs required because of th e change in the Work . Suc h costs shall not includ e any o f th e costs ite mized in Paragrap h 11.01.B, and shall includ e but not b e limited to the following ite ms: 1 . Payroll costs for e mployees in th e direct emp lo y o f Contracto r in th e performance of the Work under schedules o f jo b classification s agreed upon by City and Contractor. Such e m ployees shall include , withou t limitation , superintendents, fore men, and other personnel e m ployed full time o n th e Work. Payroll costs for employees not employed full time o n the Work shall b e apportione d o n th e basis o f their time spen t o n th e Work. Payroll costs shall include; a . salaries with a 55% m arkup , or b . salaries and wage s plu s th e cost of fringe benefits, which shall include social security contributions, unemployment, excise , and pay roll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacatio n and holiday pay applicable thereto. Th e expense s o f performing Work outsid e o f Regula r Working Hours, Weekend Working Hours, o r legal holidays, shall b e in cluded in th e above to th e exten t authorized by City. 2 . Cost o f all materials and equipmen t furnished and incorporated in th e Work, including costs o f transportatio n and storage thereof , and Suppliers’ field services required in connection therewith. 3 . Rentals of all construction equipmen t and m achinery , and th e parts thereo f whether rented fro m Contractor o r others in accordance with rental agreements approved b y City, and the costs o f transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall b e in accordance with th e terms o f said renta l agreements. Th e rental of any such equip ment, machinery , o r parts shall cease whe n th e use thereo f is n o longer necessary for th e Work. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 42 of 63 4 . Pay ments made b y Contracto r to Subcontractors for Work perform ed b y Subcontractors. If require d by City , Contracto r shall obtain competitive bids f rom subcontractors acceptable to City and Contracto r and shall deliver suc h bid s to City , who will then determine, which bids, if any , will b e acceptable. If any subcontrac t provide s that th e Subcontractor is to be paid on th e basis o f Cost of th e Work plus a fee, th e Subcontractor’s Cost of th e Work and fee shall b e determine d in th e same m anne r as Contractor’s Cost o f th e Work and fee a s provided in this Paragrap h 11.01. 5 . Costs o f specia l consultants (includin g but not limite d to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to th e Work. 6 . Supple mental costs including th e following: a . Th e proportion o f necessary transportation , travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with th e Work. b . Cost, includin g transportation and m aintenance, o f all materials, supplies, equipment, m achinery, appliances, office, and te mporary f acilities at th e Site, and han d tools not owned by the workers, whic h are consumed in the performance o f the Work , an d cost, less m arke t value , of suc h ite ms use d but not consu med whic h remain th e property of Contractor. c . Sales, consu mer , use , and other simila r taxes related to th e Work , and for which Contracto r is liable not covere d under Paragrap h 6.11 , as imposed b y Laws and Regulations. d . Deposits lost for cause s othe r than negligence of Contractor, any Subcontractor, or anyon e directly o r indirectly e mploye d b y any of the m o r for whose acts any o f them may be liable, and royalty pay ments and fees for permits and licenses. e . Losse s and damage s (an d related expenses) caused by damage to th e Work , not compensated by insuranc e or otherwise, sustained by Contracto r in connectio n with the performanc e of th e Work , provided such losses and damages hav e resulted fro m causes othe r than th e negligenc e o f Contractor, any Subcontractor, o r anyone directly or indirectly employe d b y any o f the m or for whose acts any o f them may be liable. Such losse s shall includ e settlements made with th e written consen t and approval of City . No suc h losses, damages, and expense s shall b e include d in th e Cost o f th e Work f or the purpose of determinin g Contractor’s fee. f . Th e cost o f utilities, fuel, and sanitary facilities at th e Site. g. Minor expense s such as telegra ms, lon g distance telephon e calls, telephone and communication services a t th e Site, express and courier services, and sim ila r petty cash ite ms in connection with th e Work. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 43 of 63 h . Th e costs of premium s fo r all bonds and insuranc e Contractor is required b y th e Contract Docu ments to purchase and maintain. B. Costs Excluded : The term Cost of th e Work shall not include any o f the following ite ms: 1 . Payroll costs and othe r compensatio n o f Contractor’s officers, executives , principals (of partnerships and sole proprietorships), genera l managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasin g and contractin g agents, expediters, tim ekeepers, clerks, and other personnel employed by Contractor, whether at the Site o r in Contractor’s principal or branc h o ffice for general administration o f th e Work and not specifically included in th e agreed upon schedule o f jo b classification s referred to in Paragrap h 11.01.A.1 or specifically covered by Paragrap h 11.01.A.4, all o f which are to be considered adm inistrativ e costs covere d b y th e Contractor’s fee. 2 . Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3 . An y part o f Contractor’s capital expenses, includin g interest o n Contractor’s capital e m ployed fo r th e Work and charges against Contractor for delinquent payments. 4 . Costs due to th e negligenc e o f Contractor, any Subcontractor, o r anyon e directly o r indirectly e m ployed b y any o f the m o r for whose acts an y of them may b e liable, includin g but not limite d to , th e correctio n o f defectiv e Work , disposa l o f materials o r equip ment wrongly supplied , and m aking goo d any damage to property. 5 . Other overhead or general expense costs o f any kind. C. Contractor’s Fee: When all th e Work is performed on th e basis o f cost-plus, Contractor’s fee shall be determined as set f orth in th e Agreement. When th e valu e of any Work covered by a Change Order for an adjustment in Contrac t Price is determined o n th e basis o f Cost o f the Work , Contractor’s fee shall b e determined as set forth in Paragrap h 12.01.C. D. Documentation : Whenever th e Cost o f th e Work for any purpose is to be determined pursuant to Paragraph s 11.01.A and 11.01.B, Contracto r will establish and maintain record s thereo f in accordanc e with generally accepted accounting practices and submit in a form acceptable to City an ite m ize d cost breakdown together with supportin g data. 11.0 2 Allowances A. Specified Allowance: It is understoo d that Contracto r h as include d in th e Contrac t Price all allowance s so name d in th e Contract Docu ments and shall cause th e Work so covered to be perf orme d f or such sums and b y such person s o r entities as may b e acceptable to City. B. Pre-bid Allowances: 1 . Contracto r agrees that: CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 44 of 63 a . th e pre-bid allowances include th e cost to Contracto r of materials and equipment required by th e allowances to b e delivered at th e Site, and all applicable taxes; and b . Contractor’s costs for unloadin g and handlin g on th e Site, labor, installation , overhead, profit, and other expense s contemplated for th e pre-bid allowances hav e bee n included in th e allowances , and n o demand for additional pay ment o n account o f any o f the f oregoing will be valid. C. Contingenc y Allowance: Contractor agrees tha t a contingency allowance, if any , is for th e sole use o f City. D. Prio r to fina l pay ment, an appropriate Change Order will b e issued to reflect actual amounts due Contracto r on accoun t o f Work covered b y allo wances, and th e Contract Pric e shall be correspondingly adjusted. 11.0 3 Unit Price Work A. Where th e Contrac t Docum ents provide that all o r part of th e Work is to b e Unit Price Work, initially th e Contract Pric e will b e dee med to includ e for all Unit Pric e Work an amount equal to th e sum o f th e unit price for each separately identified item o f Unit Pric e Work times the estimated quantity of each ite m a s indicate d in th e Agreement. B. Th e estimated quantitie s of item s of Unit Price Work are not guarantee d and are solely f o r the purpose o f compariso n of Bid s and determinin g an initial Contract Price. Determinations o f the actua l quantities and classification s of Unit Price Work performed b y Contracto r will b e made by City subjec t to th e provisions of Paragraph 9.05. C. Each unit price will b e deem ed to include an amount considere d b y Contractor to b e adequate to cove r Contractor’s overhea d and profit for each separately identified ite m . Work describe d in the Contrac t Docu ments, o r reasonably inferre d a s required for a functionally complete installation, but not identifie d in th e listin g o f unit price ite ms shall be considered incidenta l to unit price work listed and th e cost o f incidenta l work included as part o f th e unit price. D. City m ay make an adjustmen t in th e Contract Price in accordance with Paragraph 12.01 if: 1 . th e quantity o f any ite m o f Unit Price Work perf ormed b y Contractor differs materially and signif icantly f rom the estimated quantity o f such item indicated in th e Agreement; and 2 . there is n o correspondin g adjustment with respect to any othe r item of Work. E. Increased o r Decreased Quantities: Th e City reserves th e righ t to order Extra Work in accordanc e with Paragrap h 10.01. 1 . If th e change s in quantitie s o r th e alteration s d o not signif icantly change th e character of work under th e Contrac t Docu ments, th e altered work will be paid for at th e Contrac t unit price. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 45 of 63 2 . If th e change s in quantitie s o r alteration s signif icantly change th e characte r o f work , the Contrac t will b e amended b y a Change Order. 3 . If n o unit prices exist, this will b e considered Extra Work and th e Contract will be amended b y a Change Order in accordance with Article 12. 4 . A significan t change in th e character of work occurs when: a . th e character o f work for any Item a s altered d iffers m aterially in kin d o r nature from that in th e Contrac t or b . a Majo r Item o f work varie s by mor e than 25% from th e origina l Contrac t quantity. 5 . When th e quantity of work to b e done under any Majo r Item o f th e Contrac t is more than 125% of th e original quantity sta ted in th e Contract, then either party to th e Contrac t ma y request an adjustment to th e unit price o n th e portion of th e work that is abov e 125%. 6 . When th e quantity o f work to b e done unde r any Majo r Ite m of th e Contract is less than 75% o f th e original quantity state d in th e Contract, then eithe r party to th e Contract m ay request a n adjustmen t to th e unit price. 11.0 4 Plan s Quantity Measurement A. Plans quantitie s m ay o r may not represen t th e ex act quantity o f work perfor med o r m aterial moved, handled , o r placed durin g th e executio n o f th e Contract. Th e estimated bid quantitie s are designate d as final payment quantities, unless revised b y th e governin g Section o r this Article. B. If th e quantity m easured as outline d under “Price and Pay ment Procedures” varies b y more than 25% (o r as stipulated under “Pric e and Pay ment Procedures” for specific Items) fro m th e total estim ate d quantity f o r an individual Item originally shown in th e Contract Docu ments, an adjustment may b e made to th e quantity o f authorized work don e for pay ment purposes. The party to th e Contrac t requestin g th e adjustm ent will provid e f ield measurements and calculations showin g th e f inal quantity f or which pay ment will be made. Payment f or revised quantity will be made at th e unit price bid for that Ite m, except as provide d for in Article 10. C. When quantities are revised by a change in design approved by th e City , by Change Order, or to correc t an error, o r to correct a n erro r on th e plans, th e plan s quantity will b e increase d or decreased b y th e a m ount involved in th e change, and th e 25% varianc e will apply to th e new plans quantity. D. If th e tota l Contrac t quantity multiplie d b y th e unit price bid f o r an individual Item is less than $250 and th e Item is not originally a plan s quantity Item, the n th e Ite m may b e paid as a plans quantity Item if th e City and Contracto r agree in writin g to f ix th e f inal quantity as a plans quantity. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 46 of 63 E. Fo r callou t work o r non-site specific Contracts, th e plan s quantity measurement require ments are not applicable. ARTICLE 1 2 – CHANGE O F CONTRACT PRICE; CHANGE O F CONTRACT TIME 12.0 1 Change of Contract Price A. Th e Contract Price may only be changed by a Change Order. B. Th e valu e o f any Wor k covered by a Change Orde r will b e determined as follows: 1 . where th e Work involved is covered by unit price s contained in th e Contract Docu ments, by applicatio n o f such unit prices to th e quantities of th e ite ms involved (subject to the provisions o f Paragrap h 11.03); or 2 . where th e Work involved is not covered b y unit prices contained in th e Contract Docu ments, b y a mutually agreed lu mp sum o r unit price (which may include a n allowance for overhead and profit not necessarily in accordance with Paragrap h 12.01.C.2), and shall include th e cost o f any secondary impacts that are foreseeable at th e time of pricin g th e cost o f Extra Work; or 3 . where th e Work involved is not covered by unit price s contained in th e Contract Documents and agreement to a lu mp sum o r unit pric e is not reache d under Paragraph 12.01.B.2 , on the basis of th e Cost o f th e Work (determined a s provided in Paragrap h 11.01 ) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor’s Fee: Th e Contractor’s additional fee fo r overhead and profit shall b e determined as f ollows: 1 . a mutually acceptable fixed fee ; or 2 . if a fixed fee is not agreed upon, then a fee b ased on th e following percentage s o f th e various portion s o f th e Cost o f th e Work: a . for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3 , the Contractor’s additional fe e shall b e 1 5 percent except for: 1) renta l fees for Contractor’s own equipment usin g standard rental rates; 2) bonds and insurance; b . for costs incurred under Paragraph 11.01.A.4 an d 11.01.A.5, th e Contractor’s fee shall be fiv e percen t (5%); 1) where one o r more tiers o f subcontracts are o n th e basis o f Cost o f th e Work plu s a fee and no fixe d fee is agreed upon, th e inten t o f Paragraph s 12.01.C.2.a and 12.01.C.2.b is that th e Subcontracto r who actually performs th e Work , at whatever CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 47 of 63 tier, will be paid a fee o f 1 5 percent of th e costs incurred b y suc h Subcontractor under Paragraph s 11.01.A.1 and 11.01.A.2 and that any higher tie r Subcontractor and Contracto r will each b e paid a fee o f fiv e percen t (5%) o f th e amoun t paid to th e next lower tier Subcontractor, howeve r in no case shall th e cumulative total o f fees paid be in excess o f 25%; c . n o fee shall b e payable o n th e basis o f costs item ize d under Paragraph s 11.01.A.6 , and 11.01.B; d . th e amount o f credit to b e allowe d b y Contracto r to City for any change whic h results in a net decrease in cost will b e th e amount of th e actual net decrease in cost plus a deduction in Contractor’s fee b y an a mount equal to five percent (5%) o f such net decrease. 12.0 2 Change of Contract Time A. Th e Contract Time ma y only b e changed by a Change Order. B. No extension o f th e Contract Time will b e allo we d for Extra Wor k or for claimed dela y unless the Extra Work contemplated o r claimed delay is shown to b e o n th e critical path of th e Project Schedule o r Contracto r can show by Critical Path Metho d analysis how th e Extra Work or claimed delay adversely affects the critical path. 12.0 3 Delays A. Where Contracto r is reasonably delayed in th e performance o r completio n of any part of the Work within th e Contract Time due to delay b eyon d th e contro l o f Contractor, th e Contract Time may be extended in an amount equa l to th e time lost due to such delay if a Contrac t Claim is made therefor. Delay s beyond th e contro l o f Contractor shall include, but not b e lim ite d to , acts o r neglec t by City , acts o r neglect o f utility owners o r other contractors performing other work as conte mplate d b y Article 7, fires, floods, epidemics, abnorm al weathe r conditions, or acts of God. Such an adjustment shall b e Contractor’s sole and exclusiv e remedy for th e delay s describe d in this Paragraph. B. If Contracto r is delayed, City shall not b e liable to Contracto r for any claims, costs, losses, or dam age s (includin g but not limite d to all fees and ch arges of engineers, architects, attorneys, and othe r professionals and all court or arbitratio n o r othe r dispute resolutio n costs) sustained by Contracto r on or in connectio n with any other projec t o r anticipated project. C. Contracto r shall not b e entitled to an adjustm ent in Contrac t Price o r Contract Time f or delays within th e contro l o f Contractor. Delay s attributable to and within th e control o f a Subcontractor o r Supplie r shall b e deemed to b e delay s within the control o f Contractor. D. Th e Contracto r shall receive no compensatio n for delay s o r hindrances to th e Work , except when direc t and unavoidable extra cost to th e Contractor is caused b y th e failure o f th e City to provide information or material, if any , which is to b e furnished b y th e City. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 48 of 63 ARTICLE 1 3 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL O R ACCEPTANCE OF DEFECTIVE WORK 13.0 1 Notice o f Defects Notice o f all defective Work o f which City has actual knowledge will be given to Contractor. Defectiv e Work may be rejected , corrected, o r accepted as provided in this Article 13. 13.0 2 Access to Work City , independen t testin g laboratories, and govern mental agencies with jurisdictiona l interests will hav e access to th e Site and th e Work at reasonable times for their observation, inspection, and testing. Contracto r shall provid e them proper and sa f e condition s for such access and advise them of Contractor’s safety procedure s and programs so that the y may comply therewith as applicable. 13.0 3 Tests and Inspections A. Contractor shall giv e City timely notice of read iness of th e Work for all require d inspections, tests, o r approvals and shall cooperate with in spection and testing personnel to facilitate required inspections or tests. B. If Contract Docu ments, Laws o r Regulation s of any public body having jurisdiction require any o f th e Work (or part thereof) to b e inspected , tested , o r approved , Contracto r shall assu me full responsibility for arrangin g and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City th e require d certificates of inspectio n or approval; excepting, however, those fees specifically identifie d in the Supplementary Conditions o r any Texas Departm en t of Licensure and Regulation (TDLR) inspections, which shall b e paid as describe d in th e Supplementary Conditions. C. Contractor shall b e responsible for arranging an d obtaining and shall pay all costs in connection with any inspections, tests, re-tests, o r approvals require d fo r City’s acceptanc e o f materials or equip ment to b e incorporated in th e Work; o r acceptance o f m aterials, m ix designs, o r equipment sub mitted f o r approval prio r to Contractor’s purchase thereo f f o r incorporatio n in th e Work. Such inspections , tests, re-tests, o r approvals shall b e performed b y organizations acceptable to City. D. City may arrange for th e services o f an ind ependent testin g laboratory (“Testin g Lab”) to perform any inspection s o r tests (“Testing”) for any part o f th e Work , a s determ ined solely by City. 1 . City will coordinate such Testin g to th e extent possible, with Contractor; 2 . Should any Testin g under this Sectio n 13.0 3 D result in a “fail”, “did not pass” o r other sim ila r negativ e result, th e Contracto r shall b e responsible for paying for any and all retests. Contractor’s cancellatio n withou t cause o f City initiated Testing shall b e dee m ed a negative result and require a retest. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 49 of 63 3 . An y amounts owed for any retest unde r this Section 13.0 3 D shall b e paid directly to the Testin g La b b y Contractor. City will forward all invoices fo r retests to Contractor. 4 . If Contractor f ails to pay th e Testin g Lab , City will not issu e Fina l Pay ment until th e Testing La b is paid. E. If any Work (or th e work o f others) that is to be inspected , tested, o r approve d is covered by Contracto r withou t written concurrence o f City , Contracto r shall, if requeste d by City , uncover such Work for observation. F. Uncoverin g Work as provided in Paragrap h 13.03.E shall b e a t Contractor’s expense. G. Contractor shall hav e th e righ t to make a Contract Claim regardin g any retest o r invoice issued under Section 13.0 3 D. 13.0 4 Uncovering Work A. If any Work is covered contrary to th e Contract Documents or specific instructions b y th e City, it must, if requested by City, b e uncovered for City’s observatio n and replace d at Contractor’s expense. B. If City considers it necessary or advisable tha t covered Work be observed b y City o r inspected or teste d by others, Contractor, at City’s request, sh all uncover, expose, or otherwise m ake available for observation, inspection, o r testin g as City ma y require, that portio n of th e Work in question, furnishing all necessary labor, material, and equipment. 1 . If it is foun d that th e uncovere d Work is defective , Contractor shall pay all claims, costs, losses, and damage s (including but not limited to all fee s and charge s of engineers, architects, attorneys, and other professionals and all court o r other dispute resolutio n costs) arising out of o r relating to such uncovering, exposure , observation , inspection, and testing, and of satisfactory replacement o r reconstruction (including but not limite d to all costs of repair or replacemen t o f work o f others); or City sh all be entitled to accept defectiv e Work in accordance with Paragrap h 13.08 in which case Contractor shall still b e responsible for all costs associated with exposing, observing, and testin g th e defectiv e Work. 2 . If th e uncovered Work is not foun d to b e defectiv e, Contracto r shall b e allowe d an increase in th e Contrac t Price o r an extensio n of th e Contract Tim e, o r both , directly attributable to such uncovering, exposure, observation, inspection, testing, replace ment, and reconstruction. 13.0 5 City May Sto p th e Work If th e Work is defective, o r Contracto r fails to supply sufficient skille d workers o r suitable materials o r equip m ent, o r f ails to perf orm th e Work in su ch a way that th e completed Work will conf orm to th e Contrac t Documents, City ma y order Contractor to sto p the Work, or any portion thereof, until the cause for such order has been eliminated ; however, this righ t o f City to sto p th e Work shall not give rise to any duty o n th e part of City to exercise this righ t f o r th e benefit o f Contractor, any CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 50 of 63 Subcontractor, any Supplier, any other individual o r e ntity , or any surety for, o r employee or agen t of any of them. 13.0 6 Correction o r Removal o f Defectiv e Work A. Pro mptly after receip t o f writte n notice, Contracto r shall correc t all defective Work pursuant to an acceptable schedule , whether o r not fabricated, installed , o r completed, or, if th e Work has been rejected b y City , re m ove it fro m th e Project and replace it with Work that is not def ective. Contracto r shall pay all claims, costs, addition al testing, losses, and dam ages (includin g but not limite d to all fee s and charges o f engineers, architects, attorneys, and other professionals and all court o r arbitratio n or other dispute resolution costs) arisin g out of o r relatin g to such correction o r re m oval (includin g but not limited to all costs of repair o r replace m en t o f work o f others). Failure to require th e removal of any defectiv e Work shall not constitute acceptanc e of such Work. B. When correctin g defective Work under th e terms o f this Paragrap h 13.0 6 o r Paragrap h 13.07, Contracto r shall tak e n o actio n that would void o r otherwise impair City’s special warranty and guarantee , if any, o n said Work. 13.0 7 Correction Period A. If within two (2) years after the date o f Fina l Acceptance (o r su ch longer perio d o f tim e as may be prescribe d b y th e terms o f any applicable special guarantee required b y th e Contract Docu ments), any Work is foun d to b e defective , or if th e repair o f any damages to th e lan d or area s made available f o r Contractor’s use b y City o r perm itte d by Laws and Regulation s as contemplated in Paragrap h 6.10.A is found to be defective, Contracto r shall pro mptly , without cost to City and in accordanc e with City’s written instructions: 1 . repair such defective land o r areas; or 2 . correct such defectiv e Work; or 3 . if th e defective Work has been rejected by City , rem ove it fro m th e Projec t and replace it with Work tha t is not defective , and 4 . satisfactorily correct or repair o r remove and replace any damage to other Work , to th e work o f others or other lan d o r areas resulting therefro m. B. If Contracto r does not pro mptly comply with th e terms of City’s written instructions, o r in an emergenc y where dela y would cause serious risk of loss or damage, City may have th e defective Work corrected or repaire d or ma y have th e rejecte d Work removed and replaced. All claims, costs, losses, and damages (includin g but not limite d to all fee s and charges o f engineers, architects, attorneys, and other professionals a nd all court o r other dispute resolution costs) arising out o f o r relating to such correction or repair o r such removal and replacement (including but not limite d to all costs of repair o r replace ment o f work o f others) will b e paid b y Contractor. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 51 of 63 C. In special circum stances where a particular item o f equip ment is place d in continuous service before Final Acceptance o f all th e Work, th e correction period for tha t ite m may start to run from an earlier date if so provide d in th e Contract Documents. D. Where defective Work (and dam age to other Work resultin g therefrom) has been corrected or removed and replaced under this Paragrap h 13.07 , th e correctio n perio d hereunde r with respect to suc h Work ma y b e require d to b e extended fo r an additional period of one year after the end of th e initia l correctio n period. City shall provid e 30 day s writte n notic e to Contractor should such additiona l warranty coverage b e required. Contracto r may dispute this requirement b y filin g a Contrac t Claim, pursuant to Paragrap h 10.06. E. Contractor’s obligation s under this Paragrap h 13.0 7 are in additio n to any othe r obligatio n or warranty . Th e provisions o f this Paragrap h 13.0 7 shall not be construe d as a substitute for, o r a waive r of, the provisions of any applicable statute o f limitation o r repose. 13.0 8 Acceptance o f Defective Work If , instea d of requirin g correctio n or removal and replacemen t o f defective Work, City prefers to accept it, City may d o so. Contracto r shall pay all claims, costs, losses, and damages (including but not limite d to all f ees and charge s o f engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City’s evaluatio n o f and determinatio n to accept such defective Work and for th e diminished valu e o f th e Work to th e exten t not otherwise paid by Contractor. If any such acceptanc e occurs prio r to Final Acceptance , a Change Orde r will be issued incorporatin g th e necessary revisions in th e Contrac t Documents with respec t to th e Work, an d City shall b e entitled to a n appropriate decrease in th e Contract Price, ref lecting th e diminished value of Work so accepted. 13.0 9 City May Correc t Defective Work A. If Contracto r f ails within a reasonable time af ter written notice f ro m City to correct def ective Work , or to remove and replace rejected Work as require d b y City in accordanc e with Paragraph 13.06.A, or if Contracto r fails to perform th e Work in accordanc e with th e Contract Docu ments, o r if Contracto r fails to com ply with any other provisio n of th e Contract Docu ments, City may, af ter seve n (7) days written notice to Contractor, correct, o r remed y any such deficiency. B. In exercisin g th e rights and remedies under this Paragraph 13.09 , City shall proceed expeditiously. In connection with such corrective o r remedial action , City may exclude Contractor fro m all o r part o f th e Site, take possession o f all o r part o f th e Work and suspend Contractor’s services relate d thereto , and incorporate in th e Work all materials and equipment incorporated in th e Work , stored at th e Site o r for which City has paid Contractor but which are stored elsewhere. Contracto r shall allo w City , City’s representatives, agents, consultants, e mployees, and City’s othe r contractors, access to th e Site to enable City to exercise th e rights an d remedie s under this Paragraph. C. All claims, costs, losses, and damage s (includin g but not limite d to all fees and charges of engineers, architects, attorneys, and othe r professionals and all court or other dispute resolution CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 52 of 63 costs) incurred o r sustained b y City in exercisin g th e rights and remedies under this Paragraph 13.0 9 will be charged against Contractor, and a Change Order will be issued incorporatin g the necessary revisions in th e Contrac t Documents with respec t to th e Wo rk ; and City shall be entitled to an appropriate decrease in th e Contract Price. D. Contractor shall not b e allowed an extensio n o f th e Contract Time because o f any dela y in the performance of th e Work attributable to th e ex ercise o f City’s rights and remedies under this Paragrap h 13.09. ARTICLE 1 4 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.0 1 Schedule o f Values Th e Schedule o f Values for lu m p sum contracts e stablished as provided in Paragrap h 2.07 will serve as th e basis f o r progress pay ments and will b e inco rporated into a f orm o f Applicatio n f or Payment acceptable to City . Progress payments o n account o f Unit Pric e Work will be based o n th e number of units completed. 14.0 2 Progress Payments A. Applications fo r Payments: 1 . Contracto r is responsible for providing all information as required to become a vendor of the City. 2 . At least 20 day s before th e date established in th e Genera l Require ments for each progress pay ment, Contractor shall submit to City f or review a n Applicatio n f or Payment f illed out and signed b y Contracto r covering th e Work completed as o f th e date o f th e Application and accompanied by such supportin g documentatio n as is required by th e Contract Documents. 3 . If pay ment is requested o n th e basis of materials and equip ment not incorporated in th e Work but delivered and suitably stored at th e Site or at anothe r locatio n agree d to in writing, the Applicatio n for Pay ment shall also be accompanied by a bill o f sale, invoice, o r other docu mentation warranting tha t City has received the materials and equipment free and clear of all Lien s and evidence tha t th e materials and equip ment are covere d b y appropriate insurance o r other arrange m ents to protect City’s interest therein , all o f which must be satisfactory to City. 4 . Beginnin g with th e secon d Application for Pay ment, each Applicatio n shall include an affidavit o f Contracto r stating that previous progress payments received o n accoun t o f the Work have bee n applied on account to discharge Contractor’s legitimate obligations associate d with prior Applications for Payment. 5 . Th e amount o f retainage with respec t to progress pay ments will b e as stipulated in the Contrac t Documents. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 53 of 63 B. Review of Applications: 1 . City will, after receip t o f each Applicatio n for Pay ment, either indicate in writing a reco mmendation o f pay ment o r return th e Applicatio n to Contracto r indicating reasons for refusin g pay m ent. In th e latte r case , Contracto r may m ake th e necessary corrections and resub mit th e Application. 2 . City’s processing o f any pay men t requested in an Applicatio n f or Pay ment will be based on City’s observation s o f th e executed Work , an d o n City’s review of th e Applicatio n f o r Payment and th e accompanying data and schedules, that to th e best of City’s knowledge: a . th e Work has progressed to th e point indicated; b . th e quality o f th e Work is generally in acco rdance with th e Contract Documents (subject to an evaluation of th e Wor k a s a functioning whole prior to o r upon Final Acceptance, the results o f any subsequen t tests called for in th e Contrac t Docu ments, a final determination of quantitie s and classification s for Work performed under Paragrap h 9.05, an d any other qualifications stated in th e recomm endation). 3 . Processin g any such paymen t will not thereby be deemed to have represented that: a . inspections m ade to check th e quality o r th e quantity o f th e Work as it has been performed hav e been exhaustive, extended to every aspect o f th e Work in progress, or involved detailed inspections o f the Work beyond th e responsibilitie s specifically assigned to City in th e Contrac t Docu ments; or b . there may not b e othe r matters o r issues between th e parties that migh t entitle Contractor to be paid additionally by City o r entitle City to withhold paymen t to Contractor, or c . Contracto r has complied with Laws and Regulations applicable to Contractor’s performance of th e Work. 4 . City may refuse to process th e whole o r any part o f any pay ment because o f subsequently discovered evidence or th e results o f subsequent inspections or tests, and revise o r revoke any such pay m ent previously made, to such extent as m ay be necessary to protect City from loss because: a . th e Work is def ective, o r th e complete d Work has been damaged b y th e Contracto r or his subcontractors , requiring correctio n or replacement; b . discrepancie s in quantities contained in previou s applications fo r payment; c . th e Contrac t Price ha s bee n reduced b y Change Orders; d . City has bee n required to correct def ective Work o r complete Work in accordance with Paragrap h 13.09; or CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 54 of 63 e . City has actual knowledge o f th e occurrence of any of th e events enu merated in Paragrap h 15.02.A. C. Retainage: 1 . Fo r contracts less than $400,00 0 at th e time o f execution , retainage shall b e ten percent (10%). 2 . Fo r contracts greater than $400,00 0 at th e time of execution, retainage shall b e fiv e percent (5%). D. Liquidate d Damages. Fo r each calendar day that any work shall re m ain uncomplete d after the time specif ied in th e Contract Docu ments, th e su m per day specif ie d in th e Agreement, will be deducte d from the m onies due th e Contractor, no t as a penalty , but as liquidated dam ages suffered b y th e City. E. Payment: Contracto r will b e paid pursuan t to th e require m ents of this Article 1 4 and payment will beco me due in accordance with the Contract Documents. F. Reductio n in Payment: 1 . City may refuse to make paymen t o f th e amoun t requested because: a . Liens hav e bee n filed in connectio n with th e Work , except where Contractor has delivered a specific bond satisfactory to City to secure th e satisfaction and discharge of suc h Liens; b . there are other items entitling City to a set-off against th e amount recomm ended; or c . City has actual knowledge o f th e occurrence of any of th e events enu merated in Paragraph s 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2 . If City refuse s to make pay ment o f th e amount requested, City will giv e Contracto r written notic e stating th e reason s for suc h actio n an d pay Contracto r any amount remainin g after deductio n of th e amoun t so withheld. City shall pay Contracto r th e amoun t so withheld, or any adjustment thereto agree d to by City and Contractor, whe n Contractor remedies the reasons for suc h action. 14.0 3 Contractor’s Warranty of Title Contracto r warrants and guarantee s that title to all Work , materials, and equip ment covered b y any Applicatio n for Pay ment, whethe r incorporated in th e Project o r not, will pass to City n o later than the time o f pay ment free and clear o f all Liens. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 55 of 63 14.0 4 Partial Utilization A. Prio r to Final Acceptanc e o f all th e Work , City may use o r occup y any substantially completed part of th e Work which has specifically been identifie d in the Contract Docu ments, or which City, determines constitute s a separately f unctionin g and usable part o f th e Work that can be used b y City for its intended purpose without significan t interference with Contractor’s performance of th e remainder of th e Work. City at any time may notify Contracto r in writing to permit City to use o r occup y any such part of th e Work which City determine s to b e read y for its intended use, subject to th e following conditions: 1 . Contracto r at any time ma y notif y City in writing tha t Contracto r considers any such part of th e Work read y for its intended use. 2 . Within a reasonable time after notificatio n as enu merated in Paragrap h 14.05.A.1, City and Contracto r shall make an inspectio n o f tha t p art o f th e Work to determin e its status of completion. If City does not consider that part of th e Work to b e substantially complete, City will notif y Contractor in writing givin g th e reasons therefor. 3 . Partial Utilizatio n will not constitute Final Acceptanc e by City. 14.0 5 Fina l Inspection A. Upo n writte n notice from Contractor that th e entire Work is complete in accordanc e with the Contrac t Docum ents: 1 . within 1 0 days, City will schedule a Final Inspection with Contractor. 2 . City will notif y Contracto r in writin g o f all particulars in whic h this inspectio n reveals that th e Work is inco mplete o r defective. Contractor shall immediately tak e such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will b e made against th e Contracto r betwee n said date o f notification o f th e City and th e date of Fina l Inspection . Should th e City determ in e that th e Work is not read y for Final Inspection, City will notif y th e Contracto r in writin g of th e reasons and Contract Time will resu me. 14.0 6 Fina l Acceptance Upo n completion by Contractor to City’s satisfaction, o f any additional Work identified in th e Final Inspection, City will issu e to Contracto r a letter o f Final Acceptance. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 56 of 63 14.0 7 Fina l Payment A. Applicatio n fo r Payment: 1 . Upo n Final Acceptance , and in th e opinio n of City , Contractor ma y make an application for fina l payment following th e procedure for progress payments in accordanc e with the Contrac t Documents. 2 . Th e fina l Application fo r Paymen t shall b e accompanied (except as previously delivered) by: a . all docu mentation called for in th e Contract Docu ments, including but not lim ite d to the evidence o f insurance required by Paragrap h 5.03; b . consent o f th e surety, if any, to final payment; c . a list o f all pendin g o r released Damage Claims against City that Contractor believes are unsettled ; and d . affidavits o f paym ents and complete and legally effectiv e releases o r waivers (satisfactory to City ) o f all Lien rights arisin g out o f o r Lien s filed in connectio n with the Work. B. Paymen t Becomes Due: 1 . Afte r City’s acceptance of th e Applicatio n for Pay ment and accompanyin g docu mentation, requeste d b y Contractor, less previous pay ments made and any sum City is entitled, includin g but not limite d to liquidated damages, will become due and payable. 2 . Afte r all Dam age Claims have been resolved: a . directly b y th e Contracto r or; b . Contracto r provides evidence that th e Damage Claim has bee n reported to Contractor’s insurance provider fo r resolution. 3 . Th e makin g of th e fina l payment by th e City shall not relieve th e Contractor o f any guarantees o r other require m ents o f th e Contract Docu ments which specif ically continue thereafter. 14.0 8 Fina l Completio n Delaye d and Partia l Retainag e Release A. If final completio n of th e Work is significantly delayed, and if City so confirms, City may, upon receip t of Contractor’s final Application for Pay ment, and without terminating th e Contract, make pay ment o f th e balance due for that portion of th e Work fully complete d and accepted. If the remainin g balance to b e held by City f or Work not f ully completed or corrected is less than the retainage stipulate d in Paragrap h 14.02.C, and if bonds hav e been furnished a s require d in Paragrap h 5.02 , th e written consen t o f th e surety to th e pay ment o f th e balanc e due for that CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 57 of 63 portio n of th e Work fully completed and accepted shall b e sub mitte d b y Contractor to City with th e Applicatio n for such pay ment. Suc h pay me nt shall b e m ade under th e terms and conditions governin g final payment, excep t that it shall not constitute a waiver of Contract Claims. B. Partia l Retainag e Release. Fo r a Contract that provides for a separate vegetativ e establishment and maintenance , and test and performance period s following th e completio n o f all other construction in th e Contract Docu ments for all Wo rk locations, th e City m ay release a portion of th e amount retaine d provided that all other work is complete d as determined by th e City. Before th e release, all sub mittals and f ina l quantities must be com pleted and accepted for all other work. An amount sufficien t to ensure Contrac t compliance will b e retained. 14.0 9 Waiver o f Claims Th e acceptance o f final pay ment will constitute a release of th e City fro m all claims o r liabilities under th e Contract for anythin g done o r furnish ed o r relatin g to th e work under th e Contract Docu ments o r any act or neglect of City related to o r connecte d with th e Contract. ARTICLE 1 5 – SUSPENSION OF WORK AND TERMINATION 15.0 1 City May Suspen d Work A. At any time and withou t cause, City may suspend th e Work or any portion thereof by written notic e to Contracto r and whic h may f ix th e date o n which Work will b e resu med. Contractor shall resu me th e Work on th e date so fixed . During temporary suspension of th e Wor k covered by these Contrac t Docu ments, for any reason, the City will make n o extra pay ment for stand -by time of construction equip ment and/o r construction crews. B. Should th e Contractor not b e able to complete a portio n o f th e Project due to causes beyond the contro l o f and withou t th e fault o r negligence of th e Contractor, and should it b e determined by mutua l consent o f th e Contracto r and City that a solutio n to allow constructio n to procee d is not available within a reasonable perio d o f time, Contracto r ma y request an extensio n in Contract Time, directly attributable to an y such suspension. C. If it should beco me necessary to suspend th e Work for an indefinite period, th e Contractor shall store all materials in suc h a manne r tha t they will not obstruc t o r impede th e public unnecessarily nor beco me damaged in any way , and h e shall tak e every precautio n to preven t damage or deterioratio n of th e work performed; he shall provid e suitable drainage about th e work , and erect te mporary structures where necessary. D. Contracto r may b e reimbursed for th e cost o f moving his equipmen t off th e jo b and returning the necessary equip ment to th e jo b when it is dete rmined by th e City that constructio n may be resu med. Suc h reimbursemen t shall b e base d on actual cost to th e Contracto r of m ovin g the equip ment and n o pro fit will be allowed . Reimbursement may not be allowed if th e equipment is moved to anothe r constructio n project for th e City. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 58 of 63 15.0 2 City May Terminate fo r Cause A. Th e occurrenc e o f any one o r more of th e f ollowing events b y way o f exa mple, but not of limitation, may justif y termination for cause: 1 . Contractor’s persisten t failure to perform th e Work in accordance with th e Contract Documents (including, but not limite d to , failure to supply sufficien t skilled workers or suitable materials o r equip ment, failure to a dhere to th e Project Schedule establishe d under Paragrap h 2.07 as adjuste d from tim e to time pursuan t to Paragrap h 6.04 , o r failure to adhere to th e City’s Business Diversity Enterprise Ordinance #20020 -12 -2011established under Paragraph 6.06.D); 2 . Contractor’s disregard o f Laws o r Regulation s o f any public body havin g jurisdiction; 3 . Contractor’s repeated disregard of the authority of City ; or 4 . Contractor’s violatio n in any substantia l way o f any provision s o f th e Contrac t Docu ments; or 5 . Contractor’s failure to pro mptly make goo d any defec t in materials o r work m anship, or defects o f any nature , th e correction o f whic h has been directed in writing b y th e City; or 6 . Substantia l indicatio n that th e Contracto r has made an unauthorize d assign ment o f the Contrac t o r any funds due therefro m for th e benefit o f any credito r o r for any othe r purpose; or 7 . Substantia l evidence that th e Contracto r has becom e insolvent or bankrupt, o r otherwise financially unable to carry o n th e Work satisfactorily; or 8 . Contracto r co mm ences legal actio n in a court o f competent jurisdiction against th e City. B. If one or more o f th e events identified in Paragrap h 15.02A. occur, City will provid e written notice to Contracto r and Surety to arrange a conference with Contracto r and Surety to address Contractor's failure to perform th e Work . Conferenc e shall be held not late r than 1 5 days, after receip t of notice. 1 . If th e City, th e Contractor, and th e Surety do not agree to allow th e Contracto r to proceed to perf orm th e constructio n Contract, th e City may, to th e exten t permitted b y Laws and Regulations, declare a Contracto r default and f o rm ally terminate th e Contractor's righ t to complete th e Contract. Contracto r default shall not b e declare d earlie r tha n 2 0 day s after the Contracto r and Surety hav e received notic e o f conference to address Contractor's failure to perform the Work. 2 . If Contractor's services are terminated, Surety shall b e obligated to tak e ove r and perform the Work . If Surety does not commence performa nc e thereof within 1 5 consecutive calendar days a f ter date o f an additional written notice demanding Surety 's perfor manc e o f its CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 59 of 63 obligations, then City , withou t process o r actio n at law, may tak e over any portio n o f the Work and complete it as described below. a . If City completes th e Work , City ma y exclud e Contracto r and Surety fro m th e site and tak e possession of th e Work , and all materials and equipment incorporated into th e Work store d at th e Site o r f or which City has paid Contracto r o r Surety but which are stored elsewhere , and finish th e Work as City may deem expedient. 3 . Whether City o r Surety com plete s th e Work , Contracto r shall not b e entitled to receiv e any furthe r pay ment until th e Work is finished. If th e unpaid balance o f th e Contract Price exceeds all claims, costs, losse s and damages su staine d by City arisin g out of o r resulting f ro m completin g th e Work, suc h excess will b e p aid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance , Contractor shall pay th e difference to City. Suc h claims, costs, losses and damages incurred b y City will b e incorporated in a Change Order, provided tha t whe n exercising any rights o r remedies under this Paragraph, City shall not b e required to obtain th e lowest price for th e Work performed. 4 . Neither City , nor any o f its respectiv e consultants, agents, officers, directors o r employees shall b e in any way liable o r accountable to Contracto r or Surety for th e method b y which the completio n o f th e said Work , or any portion th ereof, may be accomplished or for th e price paid therefor. 5 . City , notwithstanding th e metho d use d in completing th e Contract, shall not forfeit th e right to recove r dam ages from Contractor o r Surety f o r Contractor's f ailure to timely complete the entire Contract. Contractor shall not be entitled to any claim o n accoun t o f th e m etho d used b y City in com pletin g th e Contract. 6 . Maintenanc e o f th e Work shall continu e to b e Contractor's and Surety 's responsibilities as provided for in th e bond require ments o f th e Contract Docu ments o r any specia l guarantees provided for under th e Contract Documents o r an y other obligations otherwise prescribed by law. C. Notwithstandin g Paragraph s 15.02.B, Contractor’s serv ices will not be terminate d if Contractor begin s within seve n days o f receipt o f notice o f intent to term inate to correct its f ailure to perform and proceed s diligently to cure such failure within no more than 3 0 days o f receip t of said notice. D. Where Contractor’s service s hav e bee n so terminated b y City , th e termination will not affect any rights o r remedies o f City against Contracto r the n existin g or which may thereafter accrue. Any retentio n o r pay ment of money s due Contracto r by City will not release Contractor f rom liability. E. If and to th e exten t that Contracto r has provided a performance bond under th e provisions of Paragrap h 5.02, th e termination procedures of that bond shall not supersede th e provisions of this Article. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 60 of 63 15.0 3 City May Terminate Fo r Convenience A. City m ay, withou t cause and without prejudic e to an y other righ t o r remedy o f City, terminate the Contract. Any term ination shall b e effected b y mailing a notic e of th e term inatio n to the Contractor specifyin g th e extent to whic h performance of Work under th e contract is terminated, and th e date upon whic h such terminatio n beco me s effective. Receip t o f th e notice shall be dee med conclusively presumed and established when th e letter is placed in th e United States Postal Service Mail by th e City . Further, it sh all be deemed conclusively presu med and establishe d that such terminatio n is made with just cause as therein stated ; and n o proof in any claim, demand or suit shall b e required of the City regarding suc h discretionary action. B. After receip t o f a notice o f te rmination, and excep t a s otherwise directed by th e City, the Contracto r shall: 1 . Sto p work under th e Contract o n th e date and to th e exten t specified in th e notice of termination; 2 . place n o furthe r orders o r subcontracts for materials, services o r facilities excep t a s may be necessary for completion of such portio n o f th e Work under th e Contract as is not terminated; 3 . term inate all orders and subcontracts to th e extent that they relate to th e perf ormance o f the Work terminated b y notice o f termination; 4 . transfe r title to th e City and deliver in th e manner, a t th e times, and to th e extent, if any, directed b y th e City: a . th e fabricate d o r unfabricate d parts, Work in progress, completed Work , supplie s and othe r material produced as a part of , o r acquired in connectio n with th e performance of, th e Work terminated by th e notice o f the termination; and b . th e completed , o r partially complete d plans, drawings, information and other property which , if th e Contrac t had been completed , would hav e bee n required to be furnishe d to th e City. 5 . complete performance o f such Work as shall not hav e been terminated b y th e notic e of term ination ; and 6 . tak e suc h actio n a s may b e necessary , o r a s th e City may direct, for th e protectio n and preservation o f th e property related to its contrac t which is in th e possession o f the Contracto r and in whic h th e owner has or ma y acquire th e rest. C. At a time not later than 30 day s after th e term in ation date specified in th e notice of termination, th e Contracto r may submit to th e City a list, certifie d as to quantity and quality, of any o r all items o f term ination inventory not previously d ispose d of , exclusive o f ite ms th e dispositio n of which has been directed o r authorize d b y City. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 61 of 63 D. Not later than 15 day s thereafter, th e City sh all accept title to such ite ms provided , that th e list sub mitted shall b e subject to verificatio n by th e City upon removal of th e ite ms or, if th e items are stored , within 45 day s from th e date of sub mission of th e list, and any necessary adjustments to correc t th e list as sub mitted, shall be made prior to final settlement. E. Not later than 6 0 day s after th e notic e of termination, th e Contractor shall submit his termination claim to th e City in th e f or m and with th e certificatio n prescribed b y the City . Unless an extension is made in writin g within suc h 6 0 day period by th e Contractor, and granted b y the City , any and all suc h claims shall b e conclusively deemed waived. F. In such case, Contractor shall be paid fo r (without duplication o f any ite ms): 1 . completed and acceptable Work executed in acco rdance with th e Contract Docu ments prior to th e effectiv e date o f termination, includin g f air and reasonable sums for overhead and profit on such Work; 2 . expenses sustained prio r to th e effectiv e date o f terminatio n in performing services and furnishing labor, materials, o r equip men t as required by th e Contrac t Docu ments in connection with unco mpleted Work, plus fair and reasonable sums for overhead and profit o n such expenses; and 3 . reasonable expenses directly attributable to termination. G. In th e even t o f th e failure o f th e Contractor and City to agre e upon th e whole am ount to b e paid to th e Contracto r by reaso n o f th e terminatio n o f th e Work , th e City shall determine, on th e basis o f information available to it, th e a mount, if any, due to th e Contractor b y reason o f the termination and shall pay to th e Contracto r th e a mounts determined. Contractor shall not b e paid o n account o f loss of anticipate d profits o r revenu e or other econom ic loss arisin g out o f or resultin g from such term ination. ARTICLE 1 6 – DISPUTE RESOLUTION 16.0 1 Methods and Procedures A. Eithe r City o r Contracto r may request mediation of any Contract Claim sub mitte d fo r a decision under Paragraph 10.06 before such decisio n becomes final and binding. Th e request for mediation shall b e sub mitte d to th e othe r party to th e Contract. Timely sub missio n of th e request shall stay th e effec t o f Paragrap h 10.06.E. B. City and Contractor shall participate in th e mediatio n process in goo d faith. Th e process shall be commenced within 6 0 days o f filin g o f th e request. C. If th e Contract Claim is not resolved b y m ediation, City’s actio n under Paragrap h 10.06.C o r a denia l pursuan t to Paragraphs 10.06.C.3 or 10.06.D shall become final and bindin g 3 0 days after terminatio n o f the mediation unless, within that time period , City o r Contractor: CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 62 of 63 1 . elects in writin g to invok e any other dispute resolution process provide d for in the Supple mentary Conditions; or 2 . agrees with th e other party to sub mit th e Contrac t Claim to anothe r dispute resolution process; or 3 . gives writte n notice to th e other party o f th e intent to sub mit th e Contract Claim to a court of competent jurisdiction. ARTICLE 1 7 – MISCELLANEOUS 17.0 1 Givin g Notice A. Whenever any provision o f th e Contract Documents requires th e givin g o f writte n notice, it will b e deemed to have bee n validly give n if: 1 . delivere d in perso n to th e individua l or to a member of th e firm or to an officer o f the corporation fo r whom it is intended; or 2 . delivere d at or sen t b y registered o r certified mail, postage prepaid , to th e last business address known to th e giver o f th e notice. B. Business address change s must be promptly made in writin g to th e other party. C. Whenever th e Contract Docu ments specifies givin g notic e b y electronic means such electronic notic e shall b e deemed sufficient upon confirmation of receip t by th e receiving party. 17.0 2 Computatio n o f Times When any perio d o f tim e is ref erre d to in th e Contract Docu ments b y days, it will b e computed to exclud e th e first and includ e th e last day of such period. If th e last day o f any such perio d falls on a Saturda y or Sunda y o r on a day made a lega l holiday th e next Working Day shall beco me th e last day o f th e period. 17.0 3 Cumulative Remedies Th e dutie s and obligations imposed b y these General Conditions and the rights an d remedies available hereunder to th e parties hereto are in additio n to , and are not to b e construed in any way as a limitation of , any rights and remedies available to any o r all of them which are otherwise imposed o r available b y Laws or Regulations, b y specia l warranty o r guarantee, or b y other provision s o f the Contract Docu ments. Th e provisions o f this Paragrap h will b e as effectiv e as if repeated specifically in the Contrac t Docu ments in connectio n with each particula r duty , obligation, right, and re m edy to which they apply. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 63 of 63 17.0 4 Survival of Obligations All representations, inde mnifications, warranties, and guarantee s made in , require d by, o r give n in accordance with th e Contrac t Docu ments, as well as all continuing obligation s indicate d in the Contrac t Docu ments, will surviv e fina l pay ment, completion , and acceptanc e o f th e Work or terminatio n o r completio n of th e Contract or termination o f th e services o f Contractor. 17.0 5 Headings Article and paragraph headings are inserted for convenienc e only and do not constitute parts o f these General Conditions. 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 x 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 x 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. APPENDIX CFW Water Standar d Product List CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: September 06, 2019 The Fort Worth Water Department’s Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department’s Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department’s Standard Specifications and the Fort Worth Water Department’s Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department’s Standard Specifications or is on the Fort Worth Water Department’s Standard Products List. Table of Content (Click on items to go directly to the page) Items Page A.Water & Sewer 1. Manholes & Bases/Components ........................................................... 1 2.Manholes & Bases/Fiberglass ............................................................... 2 3.Manholes & Bases/Frames & Covers/Rectangular ............................... 3 4.Manholes & Bases/Frames & Covers/Round ....................................... 4 5.Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight .. 5 6.Manholes & Bases/Precast Concrete .................................................... 6 7.Manholes & Bases/Rehab Systems/Cementitious ................................ 7 8.Manholes & Bases/Rehab Systems/NonCementitious ......................... 8 9.Manhole Insert (Field Operations Use Only) ........................................ 9 10. Pipe Casing Spacer ............................................................................... 10 11. Pipes/Ductile Iron ................................................................................. 11 12. Utility Line Marker ............................................................................... 12 B.Sewer 13. Coatings/Epoxy ..................................................................................... 13 14. Coatings/Polyurethane .......................................................................... 14 15. Combination Air Valves ....................................................................... 15 16. Pipes/Concrete ...................................................................................... 16 17. Pipe Enlargement System (Method) ..................................................... 17 18. Pipes/Fiberglass Reinforced Pipe ......................................................... 18 19. Pipes/HDPE .......................................................................................... 19 20. Pipes/PVC (Pressure Sewer) ................................................................. 20 21. Pipes/PVC* ........................................................................................... 21 22. Pipes/Rehab/CIPP ................................................................................. 22 23. Pipes/Rehab/Fold & Form .................................................................... 23 24. Pipes/Open Profile Large Diameter ...................................................... 24 C.Water 25. Appurtenances ....................................................................................... 25 26. Bolts, Nuts, and Gaskets ....................................................................... 26 27. Combination Air Release Valve ........................................................... 27 28. Dry Barrel Fire Hydrants ...................................................................... 28 29. Meters ................................................................................................... 29 30. Pipes/PVC (Pressure Water) ................................................................. 30 31. Pipes/Valves & Fittings/Ductile Iron Fittings ....................................... 31 32. Pipes/Valves & Fittings/Resilient Seated Gate Valve .......................... 32 33. Pipes/Valves & Fittings/Rubber Seated Butterfly Valve ...................... 33 34. Polyethylene Encasement ..................................................................... 34 35. Sampling Stations ................................................................................. 35 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeWater & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16)07/23/97 33 05 13 Urethane Hydrophilic Waterstop Asahi Kogyo K.K. Adeka Ultra-Seal P-201 ASTM D2240/D412/D79204/26/00 33 05 13 Offset Joint for 4' Diam. MH Hanson Concrete Products Drawing No. 35-0048-00104/26/00 33 05 13 Profile Gasket for 4' Diam. MH. Press-Seal Gasket Corp. 250-4G Gasket ASTM C-443/C-361 SS MH1/26/99 33 05 13 HDPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring Non-traffic area5/13/05 33 05 13 Manhole External Wrap Canusa - CPS WrapidSeal Manhole Encapsulation SystemCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019* From Original Standard Products ListClick to Return to the Table of Content1 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Fiberglass 33-39-13 (1/8/13)1/26/99 33 39 13 Fiberglass Manhole Fluid Containment, Inc. Flowtite ASTM 3753 Non-traffic area08/30/06 33 39 13 Fiberglass Manhole L.F. ManufacturingNon-traffic area* From Original Standard Products ListClick to Return to the Table of Content2 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Frames & Covers/Rectangular 33-05-13 (Rev 2/3/16)* 33 05 13 Manhole Frames and Covers Western Iron Works, Bass & Hays Foundry 1001 24"x40" WD* From Original Standard Products ListClick to Return to the Table of Content3 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 2/3/16)*33 05 13 Manhole Frames and CoversWestern Iron Works, Bass & Hays Foundry3002424" Dia.*33 05 13 Manhole Frames and CoversMcKinley Iron Works Inc.A 24 AM24" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryR-1272ASTM A48 & AASHTO M30624" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryR- 165-LM (Hinged)ASTM A48 & AASHTO M30624" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryNF 1274ASTM A48 & AASHTO M30630" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryR-1743-LM (Hinged)ASTM A48 & AASHTO M30630" dia.33 05 13 Manhole Frames and CoversSigma CorporationMH-144N33 05 13 Manhole Frames and CoversSigma CorporationMH-143N33 05 13 Manhole Frames and CoversPont-A-MoussonGTS-STD24" dia.33 05 13 Manhole Frames and CoversNeenah Casting24" dia.10/31/06 33 05 13 Manhole Frames and Covers (Hinged)PowersealHinged Ductile Iron Manhole ASTM A53624" Dia.7/25/03 33 05 13 Manhole Frames and CoversSaint-Gobain Pipelines (Pamrex/rexus)RE32-R8FS30" Dia.01/31/06 33 05 1330" Dia. MH Ring and CoverEast Jordan Iron WorksV1432-2 and V1483 DesignsAASHTO M306-0430" Dia.11/02/10 33 05 1330" Dia. MH Ring and CoverSigma CorporationMH1651FWN & MH1650230" Dia07/19/11 33 05 1330" Dia. MH Ring and CoverStar Pipe ProductsMH32FTWSS-DC 30" Dia08/10/11 33 05 1330" Dia. MH Ring and CoverAccucast220700 Heavy Duty with Gasket Ring30" Dia10/14/13 33 05 1330" Dia. MH Ring and Cover (Hinged & Lockable)East Jordan Iron Works 30" ERGO XL Assembly with Cam Lock/MPIC/T-Gasket ASSHTO M105 & ASTM A53630" Dia06/01/17 34 05 1330" Dia. MH Ring and Cover (Hinged & Lockable) CISIP Industries2280 (32")ASTM A 4830" Dia.09/16/19 33 05 13.1030" Dia. MH Ring and Cover Composite Access Products, L.P.CAP-ONE-30-FTW, Composite, w/ Lock w/o Hing30" Dia.* From Original Standard Products ListClick to Return to the Table of Content4 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight 33-05-13 (Rev 2/3/16)* 33 05 13 Manhole Frames and Covers Pont-A-Mousson Pamtight 24" Dia.* 33 05 13 Manhole Frames and Covers Neenah Casting24" Dia.* 33 05 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry 300-24P 24" Dia.* 33 05 13 Manhole Frames and Covers McKinley Iron Works Inc. WPA24AM 24" Dia.03/08/00 33 05 13 Manhole Frames and Covers Accucast RC-2100 ASTM A 48 24" Dia.04/20/01 33 05 13 Manhole Frames and Covers (SIP)Serampore Industries Private Ltd. 300-24-23.75 Ring and Cover ASTM A 48 24" Dia.* From Original Standard Products ListClick to Return to the Table of Content5 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Precast Concrete (Rev 1/8/13)* 33 39 10 Manhole, Precast Concrete Hydro Conduit Corp SPL Item #49 ASTM C 478 48"* 33 39 10 Manhole, Precast Concrete Wall Concrete Pipe Co. Inc. ASTM C-443 48"09/23/96 33 39 10 Manhole, Precast Concrete Concrete Product Inc. 48" I.D. Manhole w/ 32" Cone ASTM C 478 48" w/32" cone05/08/18 33 39 10 Manhole, Precast Concrete The Turner Company 48", 60" I.D. Manhole w/ 32" Cone ASTM C 478 48", 60"10/27/06 33 39 10 Manhole, Precast Concrete Oldcastle Precast Inc.48" I.D. Manhole w/ 24" Cone ASTM C 478 48" Diam w 24" Ring06/09/10 33 39 10 Manhole, Precast (Reinforce Polymer)Concrete US Composite Pipe Reinforced Polymer Concrete ASTM C-76 48" to 72"09/06/19 33 39 20 Manhole, Precast Concrete Forterra Pipe and Precast 60" & 72" I.D. Manhole w/32" Cone ASTM C-76 60" & 72"* From Original Standard Products ListClick to Return to the Table of Content6 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Rehab Systems/Cementitious* E1-14 Manhole Rehab Systems Quadex04/23/01 E1-14 Manhole Rehab Systems Standard Cement Materials, Inc. Reliner MSPE1-14 Manhole Rehab Systems AP/M Permaform4/20/01 E1-14 Manhole Rehab System Strong Company Strong Seal MS2A Rehab System5/12/03 E1-14 Manhole Rehab System (Liner) Poly-triplex Technologies MH repair product to stop infiltration ASTM D581308/30/06 General Concrete Repair FlexKrete Technologies Vinyl Polyester Repair Product Misc. Use* From Original Standard Products ListClick to Return to the Table of Content7 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Rehab Systems/NonCementitious05/20/96 E1-14 Manhole Rehab Systems Sprayroq, Spray Wall Polyurethane Coating ASTM D639/D790* E1-14 Manhole Rehab Systems Sun Coast12/14/01 Coating for Corrosion protection(Exterior) ERTECH Series 20230 and 2100 (Asphatic Emulsion)For Exterior Coating of Concrete Structures Only01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, S1, S2 Acid Resistance Test Sewer Applications8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications08/30/06 Coatings for Corrosion Protection Citadel SLS-30 Solids Epoxy Sewer Applications03/19/1833 05 16, 33 39 10, 33 39 20 Coating for Corrosion protection(Exterior) Sherwin WilliamsRR&C Dampproofing Non-Fibered Spray Grade (Asphatic Emulsion)For Exterior Coating of Concrete Structures Only* From Original Standard Products ListClick to Return to the Table of Content8 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manhole Inserts - Field Operations Use Only (Rev 2/3/16)* 33 05 13 Manhole Insert Knutson Enterprises Made to Order - Plastic ASTM D 1248 For 24" dia.* 33 05 13 Manhole Insert South Western Packaging Made to Order - Plastic ASTM D 1248 For 24" dia.* 33 05 13 Manhole Insert Noflow-Inflow Made to Order - Plastic ASTM D 1248 For 24" dia.09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. LifeSaver - Stainless Steel For 24" dia.09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. TetherLok - Stainless Steel For 24" dia* From Original Standard Products ListClick to Return to the Table of Content9 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Pipe Casing Spacers 33-05-24 (07/01/13)11/04/02 Steel Band Casing Spacers Advanced Products and Systems, Inc. Carbon Steel Spacers, Model SI02/02/93 Stainless Steel Casing Spacer Advanced Products and Systems, Inc. Stainless Steel Spacer, Model SSI04/22/87 Casing Spacers Cascade Waterworks Manufacturing Casing Spacers09/14/10 Stainless Steel Casing Spacer Pipeline Seal and Insulator Stainless Steel Casing Spacer Up to 48"09/14/10 Coated Steel Casin Spacers Pipeline Seal and Insulator Coated Steel Casin Spacers Up to 48" 05/10/11 Stainless Steel Casing Spacer Powerseal 4810 Powerchock Up to 48"03/19/18 Casing Spacers BWM SS-12 Casing Spacer(Stainless Steel)03/19/18 Casing Spacers BWMFB-12 Casing Spacer (Coated Carbon Steel) for Non_pressure Pipe and Grouted Casing* From Original Standard Products ListClick to Return to the Table of Content10 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Pipes/Ductile Iron 33-11-10(1/8/13)* 33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co. Super Bell-Tite Ductile Iron Pressure Pipe, AWWA C150, C1513" thru 24"08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co.American Fastite Pipe (Bell Spigot) AWWA C150, C151 4" thru 30"08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co.American Flex Ring (Restrained Joint) AWWA C150, C151 4" thru 30"* 33 11 10 Ductile Iron Pipe U.S. Pipe and Foundry Co. AWWA C150, C151* 33 11 10 Ductile Iron Pipe McWane Cast Iron Pipe Co. AWWA C150, C151* From Original Standard Products ListClick to Return to the Table of Content11 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Utility Line Marker (08/24/2018)* From Original Standard Products ListClick to Return to the Table of Content12 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Coatings/Epoxy 33-39-60 (01/08/13)02/25/02 Epoxy Lining System Sauereisen, Inc SewerGard 210RS LA County #210-1.3312/14/01 Epoxy Lining System Ertech Technical Coatings Ertech 2030 and 2100 Series04/14/05 Interior Ductile Iron Pipe Coating Induron Protecto 401 ASTM B-117 Ductile Iron Pipe Only01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, S1, S2 Acid Resistance Test Sewer Applications8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications* From Original Standard Products ListClick to Return to the Table of Content13 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Coatings/Polyurethane* From Original Standard Products ListClick to Return to the Table of Content14 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Combination Air Valves 05/25/18 33-31-70 Air Release Valve A.R.I. USA, Inc. D025LTP02(Composite Body) 2"* From Original Standard Products ListClick to Return to the Table of Content15 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/Concrete* E1-04 Conc. Pipe, Reinforced Wall Concrete Pipe Co. Inc. ASTM C 76* E1-04 Conc. Pipe, Reinforced Hydro Conduit Corporation Class III T&G, SPL Item #77 ASTM C 76* E1-04 Conc. Pipe, Reinforced Hanson Concrete Products SPL Item #95-Manhole, #98- PipeASTM C 76* E1-04 Conc. Pipe, Reinforced Concrete Pipe & Products Co. Inc. ASTM C 76* From Original Standard Products ListClick to Return to the Table of Content16 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipe Enlargment System (Method)33-31-23 (01/18/13)PIM System PIM Corporation Polyethylene PIM Corp., Piscata Way, N.J. Approved PreviouslyMcConnell Systems McLat Construction Polyethylene Houston, Texas Approved PreviouslyTRS Systems Trenchless Replacement System Polyethylene Calgary, Canada Approved Previously* From Original Standard Products ListClick to Return to the Table of Content17 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipe/Fiberglass Reinforced Pipe 33-31-13(1/8/13)7/21/97 33 31 13 Cent. Cast Fiberglass Hobas Pipe USA, Inc. Hobas Pipe (Non-Pressure) ASTM D3262/D375403/22/10 33 31 13 Fiberglass Pipe Ameron Bondstrand RPMP Pipe ASTM D3262/D375410/30/03 Glass-Fiber Reinforced Polymer Pipe Thompson Pipe Group Flowtite ASTM D3262/D37544/14/05 Polymer Modified Concrete Pipe Amitech USA Meyer Polycrete Pipe ASTM C33, A276, F477 8" to 102", Class V06/09/10 E1-9 Reinforced Polymer Concrete Pipe US Composite Pipe Reinforced Polymer Concrete Pipe ASTM C-76* From Original Standard Products ListClick to Return to the Table of Content18 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/HDPE 33-31-23(1/8/13)* High-density polyethylene pipe Phillips Driscopipe, Inc. Opticore Ductile Polyethylene Pipe ASTM D 1248 8"* High-density polyethylene pipe Plexco Inc. ASTM D 1248 8"* High-density polyethylene pipe Polly Pipe, Inc. ASTM D 1248 8"High-density polyethylene pipe CSR Hydro Conduit/Pipeline Systems McConnell Pipe Enlargement ASTM D 1248* From Original Standard Products ListClick to Return to the Table of Content19 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/PVC (Pressure Sewer) 33-11-12 (4/1/13)12/02/11 33-11-12 DR-14 PVC Pressure Pipe Pipelife Jetstream PVC Pressure Pipe AWWA C900 4" thru 12"10/22/14 33-11-12 DR-14 PVC Pressure Pipe Royal Building Products Royal Seal PVC Pressure Pipe AWWA C900 4" thru 12"* From Original Standard Products ListClick to Return to the Table of Content20 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/PVC* 33-31-20 (7/1/13)* 33-31-20 PVC Sewer Pipe Certain-Teed Products Corp ASTM D 3034 4" thru 15"* 33-31-20 PVC Sewer Pipe Napco Manufacturing CorpASTM D 3034, D 17844" & 8"* 33-31-20 PVC Sewer Pipe J-M Manufacturing Co., Inc. (JM Eagle) ASTM D 3034 4" - 15"12/23/97* 33-31-20 PVC Sewer Pipe Diamond Plastics Corporation SDR-26 and SDR-35 ASTM F 789, ASTM D 30344" thru 15"* 33-31-20 PVC Sewer Pipe Lamson Vylon Pipe ASTM F 789 4" thru 15"33-31-20 PVC Sewer Pipe Royal Building Products Royal Seal Solid Wall Pipe SDR 26 & 35 ASTM 3034 4" thru 15"01/18/18 33-31-20 PVC Sewer Pipe Vinyltech PVC Pipe Gravity Sewer ASTM D3034 4" thru 15"11/11/98 33-31-20 PVC Sewer Pipe Diamond Plastics Corporation "S" Gravity Sewer Pipe ASTM F 679 18" to 27"* 33-31-20 PVC Sewer Pipe J-M Manufacturing Co, Inc. (JM Eagle) ASTM F 679 18" - 27"09/11/12 33-31-20 PVC Sewer Pipe Pipelife Jet Stream SDR-26 and SDr-35 ASTM F-679 18"05/06/0533-31-20PVC Solid Wall Pipe Diamond Plastics CorporationPS 46 ASTM F-679 18" to 48"04/27/0633-31-20PVC Sewer Fittings HarcoSDR-26 and SDR-35 Gasket Fittings ASTM D-3034, D-1784, etc 4" - 15"*33-31-20PVC Sewer Fittings Plastic Trends, In.cGasketed PVC Sewer Main Fittings ASTM D 303411/17/99E100-2Closed Profile PVC Pipe Diamond Plastics CorporationASTM 1803/F794 18" to 48"3/19/2018 33 31 20 PVC Sewer Pipe Pipelife Jet Stream SDR 35 ASTM F679 18"- 24"3/19/2018 33 31 20 PVC Sewer Pipe Pipelife Jet Stream SDR 26 ASTM D3034 4"- 15"3/29/2019 33 31 20Gasketed Fittings (PVC)GPK Products, Inc. SDR 26 ASTM D3034/F-679 4"- 15"9/6/2019 33 31 20 PVC Sewer Pipe NAPCO SDR 26, SDR 35 ASTM D3034 4" - 8"9/6/2019 33 31 20 PVC Sewer Pipe Sanderson Pipe Corp. SDR 26, SDR 35 ASTM D3034 8"* From Original Standard Products ListClick to Return to the Table of Content21 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/Rehab/CIPP 33-31-12 (01/18/13)* Cured in Place Pipe Insituform Texark, Inc ASTM F 121605/03/99 Cured in Place Pipe National Envirotech Group National Liner, (SPL) Item #27 ASTM F-1216/D-581305/29/96 Cured in Place Pipe Reynolds Inc/Inliner Technolgy (Inliner USA) Inliner Technology ASTM F 1216* From Original Standard Products ListClick to Return to the Table of Content22 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/Rehab/Fold & Form* Fold and Form Pipe Cullum Pipe Systems, Inc.11/03/98 Fold and Form Pipe Insituform Technologies, Inc. Insituform "NuPIpe" ASTM F-1504Fold and Form Pipe American Pipe & Plastics, Inc.Demo. Purpose Only12/04/00 Fold and Form Pipe Ultraliner Ultraliner PVC Alloy Pipeliner ASTM F-1504, 1871, 186706/09/03 Fold and Form Pipe Miller Pipeline Corp. EX Method ASTM F-1504, F-1947 Up to 18" diameter* From Original Standard Products ListClick to Return to the Table of Content23 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/Open Profile Large Diameter09/26/91 E100-2 PVC Sewer Pipe, Ribbed Lamson Vylon Pipe Carlon Vylon H.C. Closed Profile Pipe, ASTM F 679 18" to 48"09/26/91 E100-2 PVC Sewer Pipe, Ribbed Extrusion Technologies, Inc. Ultra-Rib Open Profile Sewer Pipe ASTM F 679 18" to 48"E100-2 PVC Sewer Pipe, Ribbed Uponor ETI Company11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Double Wall Advanced Drainage Systems (ADS) SaniTite HP Double Wall (Corrugated)ASTM F 2736 24"-30"11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Triple Wall Advanced Drainage Systems (ADS) SaniTite HP Triple Wall Pipe ASTM F 2764 30" to 60"05/16/11 Steel Reinforced Polyethylene Pipe ConTech Construction Products Durmaxx ASTM F 2562 24" to 72"* From Original Standard Products ListClick to Return to the Table of Content24 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Appurtenances 33-12-10 (07/01/13)01/18/18 33-12-10 Double Strap Saddle Romac 202NS Nylon Coated AWWA C800 1"-2" SVC, up to 24" Pipe08/28/02 Double Strap Saddle Smith Blair #317 Nylon Coated Double Strap Saddle07/23/12 33-12-10 Double Strap Service Saddle Mueller Company DR2S Double (SS) Strap DI Saddle AWWA C800 1"-2" SVC, up to 24" Pipe10/27/87 Curb Stops-Ball Meter Valves McDonald 6100M,6100MT & 610MT 3/4" and 1"10/27/87 Curb Stops-Ball Meter Valves McDonald 4603B, 4604B, 6100M, 6100TM and 6101M 1½" and 2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc.FB600-7NL, FB1600-7-NL, FV23-777-W-NL, L22-77NL AWWA C800 2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc.FB600-6-NL, FB1600-6-NL, FV23-666-W-NL, L22-66NL AWWA C800 1-1/2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc.FB600-4-NL, FB1600-4-NL, B11-444-WR-NL, B22444-WR-NL, L28-44NL AWWA C800 1"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd.B-25000N, B-24277N-3, B-20200N-3, H-15000N, , H-1552N, H142276NAWWA C800, ANSF 61, ANSI/NSF 372 2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd.B-25000N, B-20200N-3, B-24277N-3,H-15000N, H-14276N, H-15525NAWWA C800, ANSF 61, ANSI/NSF 372 1-1/2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd.B-25000N, B-20200N-3,H-15000N, H-15530NAWWA C800, ANSF 61, ANSI/NSF 372 1"01/26/00 Coated Tapping Saddle with Double SS Straps JCM Industries, Inc. #406 Double Band SS Saddle 1"-2" Taps on up to 12" 0/5/21/12 33-12-25 Tapping Sleeve (Coated Steel) JCM Industries, Inc. 412 Tapping Sleeve ESS AWWA C-223 Up to 30" w/12" Out05/10/11 Tapping Sleeve (Stainless Steel) Powerseal 3490AS (Flange) & 3490MJ 4"-8" and 16"02/29/12 33-12-25 Tapping Sleeve (Coated Steel) Romac FTS 240 AWWA C-223 U p to 42" w/24" Out02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST Stainless Steel AWWA C-223 Up to 24" w/12" Out02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST III Stainless Steel AWWA C-223 Up to 30" w/12" Out05/10/11 Joint Repair Clamp Powerseal 3232 Bell Joint Repair Clamp4" to 30"Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW37C-12-1EPAF FTWPlastic Meter Box w/Composite Lid DFW Plastics Inc. DFW39C-12-1EPAF FTW08/30/06 Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW65C-14-1EPAF FTW Class "A"Concrete Meter Box Bass & Hays CMB37-B12 1118 LID-9Concrete Meter Box Bass & Hays CMB-18-Dual 1416 LID-9Concrete Meter Box Bass & Hays CMB65-B65 1527 LID-9* From Original Standard Products ListClick to Return to the Table of Content25 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Bolts, Nuts, and Gaskets 33-11-05 (01/08/13)* From Original Standard Products ListClick to Return to the Table of Content26 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Combination Air Release 33-31-70 (01/08/13)* E1-11 Combination Air Release Valve GA Industries, Inc. Empire Air and Vacuum Valve, Model 935 ASTM A 126 Class B, ASTM A 240 - float, ASTM A 307 - Cover Bolts1" & 2"* E1-11 Combination Air Release Valve Multiplex Manufacturing Co.Crispin Air and Vacuum Valves, Model No. 1/2", 1" & 2"* E1-11 Combination Air Release Valve Valve and Primer Corp. APCO #143C, #145C and #147C 1", 2" & 3"* From Original Standard Products ListClick to Return to the Table of Content27 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Dry Barrel Fire Hydrants 33-12-40 (01/15/14)10/01/87 E-1-12 Dry Barrel Fire Hydrant American-Darling Valve Drawing Nos. 90-18608, 94-18560 AWWA C-50203/31/88 E-1-12 Dry Barrel Fire Hydrant American Darling Valve Shop Drawing No. 94-18791 AWWA C-50209/30/87 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Shop Drawing No. D-19895 AWWA C-50201/12/93 E-1-12 Dry Barrel Fire Hydrant American AVK Company Model 2700 AWWA C-50208/24/88 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Drawings D20435, D20436, B20506 AWWA C-502E-1-12 Dry Barrel Fire Hydrant ITT Kennedy Valve Shop Drawing No. D-80783FW AWWA C-50209/24/87 E-1-12 Dry Barrel Fire Hydrant M&H Valve Company Shop Drawing No. 13476 AWWA C-50210/14/87 E-1-12 Dry Barrel Fire Hydrant Mueller CompanyShop Drawings No. 6461 A-423 Centurion AWWA C-50201/15/88 E1-12 Dry Barrel Fire Hydrant Mueller CompanyShop Drawing FH-12A-423 Super Centurion 200 AWWA C-50210/09/87 E-1-12 Dry Barrel Fire Hydrant U.S. Pipe & Foundry Shop Drawing No. 960250 AWWA C-50209/16/87 E-1-12 Dry Barrel Fire Hydrant Waterous Company Shop Drawing No. SK740803 AWWA C-50208/12/16 33-12-40 Dry Barrel Fire Hydrant EJ (East Jordan Iron Works) WaterMaster 5CD250* From Original Standard Products ListClick to Return to the Table of Content28 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Meters02/05/93 E101-5 Detector Check Meter Ames Company Model 1000 Detector Check Valve AWWA C550 4" - 10"08/05/04 Magnetic Drive Vertical Turbine Hersey Magnetic Drive Vertical AWWA C701, Class 1 3/4" - 6"* From Original Standard Products ListClick to Return to the Table of Content29 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Pipes/PVC (Pressure Water) 33-31-70 (01/08/13)01/18/18 33-11-12 PVC Pressure Pipe Vinyltech PVC PipeAWWA C900, AWWA C605, ASTM D1784 4"-12"3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR14 AWWA C900 4"-12"3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR18 AWWA C900 16"-24"5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 14 AWWA C900 4"-12"5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation Trans 21, DR 14, DR 18 AWWA C900 16"-24"12/6/2018 33 11 12 PVC Pressure Pipe J-M Manifacturing Co., Inc d/b/a JM EagleDR 14 "Blue Brute"AWWA C900-16 UL 1285 ANSI/NSF 61 FM 16124"-12"12/6/2018 33 11 12 PVC Pressure Pipe J-M Manifacturing Co., Inc d/b/a JM EagleDR 18 "Blue Brute"AWWA C900-16 UL 1285 ANSI/NSF 61 FM 161216"-24"9/6/2019 33 11 12 PVC Pressure Pipe Underground Solutions Inc. DR14 Fusible PVC AWWA C900 4" - 8"9/6/2019 33 11 12 PVC Pressure Pipe NAPCO DR15 AWWA C900 16" - 24"9/6/2019 33 11 12 PVC Pressure Pipe NAPCO DR14 AWWA C900 4"- 12"9/6/2019 33 11 12 PVC Pressure Pipe Sanderson Pipe Corp. DR14 AWWA C900 4"- 12"* From Original Standard Products ListClick to Return to the Table of Content30 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Pipes/Valves & Fittings/Ductile Iron Fittings 33-11-11 (01/08/13)07/23/92 E1-07 Ductile Iron Fittings Star Pipe Products, Inc. Mechanical Joint Fittings AWWA C153 & C110* E1-07 Ductile Iron Fittings Griffin Pipe Products, Co. Mechanical Joint Fittings AWWA C 110* E1-07 Ductile Iron Fittings McWane/Tyler Pipe/ Union Utilities DivisionMechanical Joint Fittings, SSB Class 350AWWA C 153, C 110, C 11108/11/98 E1-07 Ductile Iron Fittings Sigma, Co.Mechanical Joint Fittings, SSB Class 351AWWA C 153, C 110, C 11202/26/14 E1-07 MJ Fittings AccucastClass 350 C-153 MJ FittingsAWWA C153 4"-12"05/14/98 E1-07 Ductile Iron Joint Restraints Ford Meter Box Co./Uni-FlangeUni-Flange Series 1400 AWWA C111/C153 4" to 36"05/14/98 E1-24 PVC Joint Restraints Ford Meter Box Co./Uni-FlangeUni-Flange Series 1500 Circle-LockAWWA C111/C153 4" to 24" 11/09/04 E1-07 Ductile Iron Joint Restraints One Bolt, Inc.One Bolt Restrained Joint FittingAWWA C111/C116/C153 4" to 12"02/29/12 33-11-11 Ductile Iron Pipe Mechanical Joint Restraint EBAA Iron, Inc.Megalug Series 1100 (for DI Pipe)AWWA C111/C116/C153 4" to 42"02/29/12 33-11-11 PVC Pipe Mechanical Joint Restraint EBAA Iron, Inc.Megalug Series 2000 (for PVC Pipe)AWWA C111/C116/C153 4" to 24"08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co.Sigma One-Lok SLC4 - SLC10AWWA C111/C153 4" to 10"03/06/19 33-11-11 Mechanical Joint Retainer Glands(PVC) Sigma, Co.Sigma One-Lok SLCS4 - SLCS12AWWA C111/C153 4" to 12"08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co.Sigma One-Lok SLCEAWWA C111/C153 12" to 24"08/10/98 E1-07 MJ Fittings(DIP) Sigma, Co.Sigma One-Lok SLDEAWWA C153 4" - 24"10/12/10 E1-24 Interior Restrained Joint System S & B Techncial ProductsBulldog System ( Diamond Lok 21 & JM Eagle ASTM F-1624 4" to 12"08/16/06 E1-07 Mechanical Joint Fittings SIP Industries(Serampore)Mechanical Joint FittingsAWWA C153 4" to 24"11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc.PVC Stargrip Series 4000ASTM A536 AWWA C11111/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc.DIP Stargrip Series 3000ASTM A536 AWWA C11103/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Black For DIPASTM A536 AWWA C111 3"-48"03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Red for C900 DR14 PVC PipeASTM A536 AWWA C111 4"-12"03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Red for C900 DR18 PVC PipeASTM A536 AWWA C111 16"-24"* From Original Standard Products ListClick to Return to the Table of Content31 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Pipes/Valves & Fittings/Resilient Seated Gate Valve* 33-12-20 (05/13/15)Resilient Wedged Gate Valve w/no Gears American Flow Control Series 2500 Drawing # 94-20247 16"12/13/02 Resilient Wedge Gate Valve American Flow Control Series 2530 and Series 2536 AWWA C515 30" and 36"08/31/99 Resilient Wedge Gate Valve American Flow Control Series 2520 & 2524 (SD 94-20255) AWWA C515 20" and 24"05/18/99 Resilient Wedge Gate Valve American Flow Control Series 2516 (SD 94-20247) AWWA C515 16"10/24/00 E1-26 Resilient Wedge Gate Valve American Flow Control Series 2500 (Ductile Iron) AWWA C515 4" to 12"08/05/04 Resilient Wedge Gate Valve American Flow Control 42" and 48" AFC 2500 AWWA C515 42" and 48"05/23/91 E1-26 Resilient Wedge Gate Valve American AVK Company American AVK Resilient Seaded GV AWWA C509 4" to 12"01/24/02 E1-26 Resilient Wedge Gate Valve American AVK Company20" and smaller* E1-26 Resilient Seated Gate Valve Kennedy4" - 12"* E1-26 Resilient Seated Gate Valve M&H4" - 12"* E1-26 Resilient Seated Gate Valve Mueller Co.4" - 12"11/08/99 Resilient Wedge Gate Valve Mueller Co. Series A2361 (SD 6647) AWWA C515 16"01/23/03 Resilient Wedge Gate Valve Mueller Co. Series A2360 for 18"-24" (SD 6709) AWWA C515 24" and smaller05/13/05 Resilient Wedge Gate Valve Mueller Co. Mueller 30" & 36", C-515 AWWA C515 30" and 36"01/31/06 Resilient Wedge Gate Valve Mueller Co. Mueller 42" & 48", C-515 AWWA C515 42" and 48"01/28/88 E1-26 Resilient Wedge Gate Valve Clow Valve Co. AWWA C509 4" - 12"10/04/94 Resilient Wedge Gate Valve Clow Valve Co. 16" RS GV (SD D-20995) AWWA C515 16"11/08/99 E1-26 Resilient Wedge Gate Valve Clow Valve Co. Clow RW Valve (SD D-21652) AWWA C515 24" and smaller11/29/04 Resilient Wedge Gate Valve Clow Valve Co. Clow 30" & 36" C-515 AWWA C515 30" and 36" (Note 3)11/30/12 Resilient Wedge Gate Valve Clow Valve Co. Clow Valve Model 2638 AWWA C515 24" to 48" (Note 3)05/08/91 E1-26 Resilient Seated Gate Valve Stockham Valves & Fittings AWWA C 509, ANSI 420 - stem, ASTM A 276 Type 304 - Bolts & nuts4" - 12"* E1-26 Resilient Seated Gate Valve U.S. Pipe and Foundry Co.Metroseal 250, requirements SPL #743" to 16"10/26/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works)EJ FlowMaster Gate Valve & Boxes08/24/18Matco Gate Valve Matco-Norca225 MRAWWA/ANSI C115/An21.15 4" to 16"* From Original Standard Products ListClick to Return to the Table of Content32 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Pipes/Valves & Fittings/Rubber Seated Butterfly Valve 33-12-21 (07/10/14)* E1-30 Rubber Seated Butterfly Valve Henry Pratt Co. AWWA C-504 24"* E1-30 Rubber Seated Butterfly Valve Mueller Co. AWWA C-504 24"and smaller1/11/99 E1-30 Rubber Seated Butterfly Valve Dezurik Valves Co. AWWA C-504 24" and larger06/12/03 E1-30 Valmatic American Butterfly Valve Valmatic Valve and Manufacturing Corp. Valmatic American Butterfly Valve. AWWA C-504 Up to 84" diameter04/06/07 E1-30 Rubber Seated Butterfly Valve M&H Valve M&H Style 4500 & 1450 AWWA C-504 24" to 48"03/19/18 33 12 21 Rubber Seated Butterfly Valve G. A. Industries (Golden Anderson) AWWA C504 Butterfly Valve AWWA C-504 30"-54" * From Original Standard Products ListClick to Return to the Table of Content33 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Polyethylene Encasement 33-11-10 (01/08/13)05/12/05 E1-13 Polyethylene Encasment Flexsol Packaging Fulton Enterprises AWWA C105 8 mil LLD05/12/05 E1-13 Polyethylene Encasment Mountain States Plastics (MSP) and AEP Ind. Standard Hardware AWWA C105 8 mil LLD05/12/05 E1-13 Polyethylene Encasment AEP Industries Bullstrong by Cowtown Bolt & Gasket AWWA C105 8 mil LLD09/06/19 33-11-11 Polyethylene Encasment Northtown Products Inc. PE Encasement fro DIP AWWA C105 8 mil LLD* From Original Standard Products ListClick to Return to the Table of Content34 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Sampling Station3/12/96 Water Sampling Station Water Plus B20 Water Sampling Station* From Original Standard Products ListClick to Return to the Table of Content35 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 31 19 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Developer and Consultant b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor’s work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material l. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City’s representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 32 33 - 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 32 33 PRECONSTRUCTION VIDEO PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 33 00 DAP SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. General methods and requirements of submissions applicable to the following Work-related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) “By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City’s Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City’s Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non-conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor’s risk if not marked b. Submittals for each item will be reviewed no more than twice at the City’s expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative’s then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City’s discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 01 33 00 - 8 DAP SUBMITTALS Page 8 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 01 35 13 - 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 CITY OF FORT WORTH Northpointe, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102552 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 cu rrent 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 t o 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 Northpointe, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102552 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 accordan ce 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 d eactivating and activating 44 those lines. 45 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH Northpointe, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102552 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 t he 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 constructi on 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 fly er 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, prepar e 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 Northpointe, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102552 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 P roject 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 Northpointe, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102552 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 Northpointe, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102552 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 Northpointe, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102552 Revised August, 30, 2013 EXHIBIT B 1 2 3 4 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 SECTION 01 45 23 TESTING AND INSPECTION SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City’s document management system, or another form of distribution approved by the City. 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City’s Project Representative 4. Provide City’s Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City’s document management system. 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City’s Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City’s established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on-call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE-INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 SECTION 01 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 34 71 13 – Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 1) Allow a minimum of 5 working days for permit review. 2) Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 SECTION 01 57 13 STORM WATER POLLUTION PREVENTION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 31 25 00 – Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP 1. Submit in accordance with Section 01 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 01 33 00. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A list of City approved products for use is available through the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A. Only products specifically included on City’s Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. B. Any specific product requirements in the Contract Documents supersede similar products included on the City’s Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City’s Standard Product List. C. Although a specific product is included on City’s Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer’s standard product. D. See Section 01 33 00 for submittal requirements of Product Data included on City’s Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 01 60 00 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City’s website. 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer’s recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer’s recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City’s Project Representative. 5. Provide off-site storage and protection when on-site storage is not adequate. a. Provide addresses of and access to off-site storage locations for inspection by City’s Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers’ unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City’s Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City’s Project Representative. 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 70 00 - 1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 70 00 MOBILIZATION AND REMOBILIZATION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor’s operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor’s personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor’s operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor’s operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor’s operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Specified Remobilization” in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 3. Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Emergency Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 74 23 CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 77 19 CLOSEOUT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City’s Project Representative. 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor’s Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 78 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 ½ inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer’s printed data, or neatly typewritten 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City’s Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application