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HomeMy WebLinkAboutContract 55151-PM1CSC No. 55151-PM1 oa oo i o STANQAitB CphiSTRLICTI�N SPECIP]CATIpN DpCL1MENTS P�e 1 nf 5 SECTIQN QU OU 20 ^ TABLE dF CQNTENTS DEVELDPER A WARDE� PRQ,TECTS Di�isian fl� - General Couditions nn� �� _. ea-�-�se � �t3 42 43 Pro ❑sal Form YTnit Price s�-a�--}� �-� nn� , U� 45 Z2 Pr uaiification Statement 9�-4 �� �a 45 26 Contractor Com liance with Workers' Com ensatinn Law �a-�4e 0� 52 43 A reement Dd 61 25 Certificate of dnsurance U4 62 l 3 Performance Sond �� bZ 14 Pa ment Bor�d �4 62 19 Maintenance Bond nn� A9-�3-99 4Q 73 � p Standard City Conditians nf the Construction Contract far De�eloper Awarded Proiecis Last Revised o��zo�zazv o3�ao��a�n U41QZ120 i 4 a��z2rzn � � a��oziza i a �914112� t 5 �31�912�2� o��azrzo � a as�z i ���� s 061I 61201 & 071a 112D 11 a 1/31/2012 0113 �12012 d113112d12 1 111 5120 1 7 0��41�2ai � 41/10/2013 CITY OF F�RT WpitTH Wrr & Swr lmproverrrenfs fe serve Risinger — 0Id 8urlesan Road & Opporrunity Woy� STANDAEtp CONSTRiJC'FIpN SPEGFICATlpN bC]Clli�tE1YT'S— pEVELQPER AWAfiDEDPF�OlECTS CiryProjerd Na. IQ?970 Revised March 2U, 242D UD a0 10 5TA]VDAAD CQIVSTRllC7IflIV SPECIFICATI01+1 DOCLTMENTS Page 2 a# 5 Technicai Speei��atio�ns w6icb ha�e 6een modified by the Engiueer specificaily for this Prn�ect; hard copies are included in the Projeet's Contract Dacuments N�1tiIE Technical Specifirations listed betow are included for this Prflject by referen�e and can be �iewedldawo�oaded from the City's website $t: h ftp :llfa rtw�rth tex as.�u�ltpwleo n trac#orsl or h ttqs :11an ns, fo rtwo rth texas. �o�lP ro j ectRes o u rcesl Di�ision U2 - Existin Cnnditioas 02 4] 13 Selecti�e Site Demalition 9�-�-��-4 n�� Di�ision �3 - Cuncrete Di�ision 2G - Eleetrical Last Revised 1212Q12Q 12 i��2a�zaiz 0210�12015 Di�isian 32 - Exterivr I�n m�vements 32 O1 I 7 Permanent As halt Pa�in Re air 1212U12012 �--�� � ��zoizo i z �-�-� Yz�zoizo�z �� i �izoiao � z �'�� i2��o�zat� 7�� �2�za�zaiz �' '�' ��* 0812112�15 �'-�z'�' ` I 212 012 0 1 2 �--�� r 2�2o�za i z C1TY QF FC]RT WORTH Wrr dr Swr Improvemen�s (a serve Rrsrnger - �Id Srerleson RoQd dr ppporlunity Way 5TA1tipAR�CpN57RUCTIONSPEClFICATIC3NppCllMENTS—DEVELOPERAWARbEI?PRO]ECTS CifyProjecrNo.I0297d Re�ised March ZQ, 202fl Di�ision 31 - Esrthwark Di�isian 33 - Utilides 33 41 3a 5ewer and Manhole Testin 33 �1 31 Clased Circuit Television CCT �� nz in s�--va-ry �� ���a--�� �� �3--94-39 33 {t4 4U Cteani� and Acce tance Testin a£ Water Mains 33 04 50 �leanin pf Sewer Mains 33 05 lU lltiii Trench Exca�ation, Emhedmen and B$��t�ll 33 05 12 Water Line Lowerin 33 05 13 Frame, Co�er and Grade Ri� s— Cast Iron 33 �5 13.10 Frame Co�er and Grade Hin s— Cam asite 33 D5 ] 4 33 Q5 1G 33 Q5 i7 �3-83-�A 3-3--93-�-� 334522 �3 z ��- n�T 330526 33 OS 34 33I105 33 t 1 1D 33 11 11 33 1 ] 12 3�-�--�� 33 11 14 33 12 10 3-3-�-� �� 33 12 2p � Adjusting Manha�es, Inlets, Val�e Box�s, and �ther 5tru�tures to Grade Concrete Water Vaults CQn�rete Callars Steei Casine Pine L]#ili MarkerslLocators Locatian tif Existing Utilit�es Sn�ts, Nuts, and Gaskets Ductiie Iron Fi e Ductile Iron Fittin s Fplyvinyl Chtaride {PVC} Pressure Buried Steel Pi e and Fittir� s Water Services 1-inch to 2-inch Resilient Seated Gate Val�e ixizoizo � z Q31�312U1G ii�zoi2oiz iz�zo�zoiz i2iao��niz 1212D12D12 a�io���ai i U210612U 13 1212012U 12 121121201fi 1212�12�12 0112212�1 fi D 1/22/2016 12120l2� I 2 z a�zvizo � 2 1 212 012 0 1 2 1 �1201�b 12 1212QI�b12 12J2{112D ] 2 i 212U12412 0 61 1 9124 1 3 1212�12412 1212Q12U12 1 �12012012 1212012Q 12 i a�2oizo � � 1 111 b1201 S 1212012�I2 r z�zo�2o i 2 02/14/2017 i 2izoi2o i z i a�aoizo i z CITY OF FORT WdFiTH Wtr & Swr Impravemenrs ra serve Hrsinger— DId Burleson 12oad &�pporrunidy Way STAN�ARD CpNSTRUCTION SPEC[FICAT30N DpCUMENTS —�EVELOPER AWARDED PROJECTS City Pr�jecr No. 14147D Revised March 20, 2Q2U aa oo io STANTJARD COtVSTRUCT[flN SPECIFICA'I7pN DOCCIMENTS Page 3 of 5 �-�J--�i �i� 33 12 ZS 33 1� 3Q 33 12 4Q 33 l2 SQ � ��-'-.-�o � ��_ 33-3-��-3 ��»-��-'.--r� 33 31 2d � ��T �� � ��� �e 3-3 3-� �A ��3gio 33 39 2U 3-3-39�-3�9 3�-39-49 �3 �� 60 33-4�--�9 33-4-�-�� z���� � ��o 3�-�� ��-a�-e� �z��o � ��o 33r4�4�A 00 oa io STANDARD CpI+1STRUC'fIDN SPECIFICAT1dN I)OCLFINENTS Page 4 of 5 � 2�2��2 � I Z Connectipn ca Existin Water Mains 0210'd12Q 13 Cnmbinatian Air Val�e Assemblies fnr Potable Water S stems I212012412 Fire H drants 011�3124 i 4 Water Sam le Stations I21241241 � 061 � 912013 1 212 012 4 1 2 1212Q1241 � 1212d12412 Pnl in 1 Chiaride VC Gra�i Sani 5ewer �i fl6119120i3 1L12�lLViL 1212012D12 i2izo�2�r� U412612a 13 1212012b 12 Cast-in-Pla�e Con�rete Manhples 121�012012 Precast Concrete Manholes 1Z12012D12 i2iz�rzoiz 1 212012 0 1 2 E ax Liners for Sani Sewer Structures 1212412b 12 U710 1120 1 1 1i12412012 1 t11312015 1212U120I2 n��oir�o� i -r_o.,..ti, n..., •..... U71� 11�� 11 1212fl12412 1212[112012 . . a�iai�2ai i C1TY DF F�RT WDRTH FYIr & 5wr Improvemems io serve Risinger - QId Burfeson Raad & Opporruniry Way STANDARU CC]NSTRUCi'IDI�! SPECIFICATION �DCLfMENTS - UEVELQPER AWARI]�.i) PROJECTS Crry Projert Na, lD�970 Re�'tsed Msrch 2p, 2020 OD QD lU S�A]VI}ARQ C�NSTR[1CT'1�N SPECIFICATfON DDCUMEN"f5 Page 5 af 5 Appendig GC-4.Q2 GC-4.04 G�-5.09 GR-a 1 60 Ufl Subsurface and Physical Conditions Underground Facilities Permits and C7tilities Product Ret�uirements I �1ii �II] �.y �L�31 d C��il � e � r CITY OF FdAT WOR"!'H Wir & 5wr Improvemenrs ra serve Rrsrnger - Dld Surleson Road & Dpporrunrry If'a}+ STANDAEtOCpNSTR[.IC7'[ON SPECIFICATfqN D(]CUMENTS- DEVELOPER AWARDE�P[t0]�CTS City Projerl Na. 1�2970 Re�ised March 2Q, 2020 au�z�f 6.5P - Bm PN�PvSh] Ya�[ I ol I SECTIOM 00 42 4S Uereloper Awarded Prajecls - PROPOSAL �pWN uwrT PRicE B�o Bid Bidder's Appliaation U131T I: SANITARY SEWER IMPROV�MENTS $�59.910. l�o�m C:oastroctloo Bld S57 5 GGA 77�is $id u su6mllted by the entih• npmed helaw: 81DOHR: BY: RRIH'i II;C:GI�S CflNATS£R C�XS'!'HL�CII[Iti 7ti. i..P. ' 5127 W�IC'lli'I A ti'1 RF:}:T FURT W'C1Rl H, 7'Y i6! 19 i77'1.�� pHk:SIllE:V3' hATf': ! 1�2u'i1320 ['ortrxlor aQred eo oaimpk�r WUN1[ ior Ff V AL ACCEPTANCC wHun 120 worldeg days sRer �h¢ dslr when iic CbY�['RACC co..m.e•n to run .s pro•ided Sn 1fie Ceaerd Co�dfoe.s. F.VQ OF 5ECTIDV CRl' Of' 1'ORT H'[1RTH iTAYl�nk�]U�tiSTRL'CTfO^" SPkCfi1CAT1(iN i1[3C�TQF,K�'$ - VEVE�OPEk hH'AROED PR[]fF,CiS F'mm Vmim fAaY 21.7D�o llpd�xdM' Kole YaC�tY Cunmrnu_CaFlk' Ranyer %'�w Sewr H�d Froq�l i�trti[2021111 20�.�h W4512 �AP PREQUALIF[CAT'i�3�1 STATEirfENT Pagc 1 of 2 sECT�aN oo as 1 z DAP -�- FREQUALIFTCATIQN STATEMENT Each Bidder is required to com�lete the infarmatian below by identifying the prequalified cantractnrs andJor suk�cantractors whom they intend to utiliz.e for the major work type(s} listed. In the "Major Wnrk -- T e" box rn�ide the com lete ma'or work e and a�tual descri tion as rp�ided b the Water Deparqnent far water and sewer and TPW £ar pa�ing, � Major Work Type Conira�tarlSubcontractor Campany Name Prequaiification Expira#ion Date Water Distribution, De�velvpment, 12 inches and smaller. ��"�C r C���Ct� �� l�-P ��I 3A � a�� Sewer Collection System, De�elopment, 8 inches and GC7�f1A i�'�I� t1Cin � T)( � t� �3 { �r � smal ler. The undersigned herehy certi�es that the con#ra�tnrs andlor subcontra�tnrs descrihed in the table abo�e are currently prequalifed for the work types listed. BIDDER: C�rxrcl-tSe+r �o�n5-firuc-{-t�n � Bv� E'�rnC.� �r}u i r� Company {Please Printj 5ignature: 1 iG i t". Addres5 Title: FaVar Tx -i t r=5 i cl� r� � CitylStatelZip {Please Print) Date: � �' �4 'L+)�� arr oF Foar waRrH STANOARQ CONSTRUCTIRN PREQl1ALlFICA710N STATEMENT - aEVELOPER AWARQfO PROIECTS Wtr & Swr knpmvements to serve RisFnQer- OfdBu�fesan ltocd & Opparrvniry Form VenFon Septefnher 1, 2a15 Ci[y ArpjeCt 1Vo ]Oi � 0o as a� DAP PEtF.QUAL[FfG4T7ON STA7EMEtr`T Page Z vf i Eivn oF sECTiorr �in oF Fosr wvsrH STAN�ARp CphF5TRl1Cr1�{V pRERl1ALIFIfA71qiV STATEINENT - p�EppER AWARUEb PROJECT5 Farrn Vrrsion Septemher 1, 2015 Wtr & Swr fmprovements [o serve Rrsinper - p7d 8urlesan Rovd& Oyportunity I Ciry Fmjert No 2O2 00 4S 2fi - 1 CQNTftACTOR CpMPLlANCE WITH WpR!(ER'S COMPE�ISATION tAW Page Z of 2 1 F] SECTIDN flQ 45 Zf CQNTRACT�R CQMPLIANCE WI7H WQRKER'S COMPENSATI�N LAW 3 Pursuant to Texas Lahar Cade 5e�tion 44C.a96{ay, as amended, Cnntractar eertifies that it 4 pro�ides workers cnmpensa#ion insurance Go�erage far a!I of its empinyees employed an City 5 Prnject Na. 1a297fl Cantractor #urther eertifies #hat, pursuant to Texas Lahor Code, 5eetion fi 4U5.096{k�j, aS amended, it will provide to City its suhcontractor's tertifi�ates of eampliance with 7 wurker's eornpensatian �o�erage. E3 9 CONTRACTQR: 1a 11 C.C�k��YLJIC"rl By: {-�l�i 1 C7 S 12 Campany {please Printj 13 14 � � lt Signature: 15 Address 16 17 18 19 �a 21 ?Z 23 24 25 26 27 Z8 29 3� 31 32 33 34 35 35 ��{` W ,� liollA Title: 1C� City�State/Zip {Please Print) 7N E STATE Q F TExAS C�711 NTY QF TARRANT �� § 8EF❑ E ME, the under$igned authori#y, on this day personaiiy appeared � , knnwn to me to be the person whose name is sul�scribed to the foregoing fnstrument, and aeknowledged to me that he�she executed the same as the act and deed nf r for the purpases and consideratian therein expressed and in the eapacity therein stated. GIVEN LiNOfR MY NANI7 AND SEAL QF OFFICE this day of 2tl(�][] :1 -.a�++1P�V�P; �..�..-�.,t�1�V1 -�j.�M1F�����Nt.l'w. I �' a. �' �_ r,ruta�ry p��i�E;�, .ir�,1a nf Te':aS;iN ���•.,: .:nrT}�;, �knirr:: ,�i?-1 )-2�.:.� jA i � F . '�ii�'i,i��`�� Nb;afy !C_� .�� �� 1 62 ,` -l�7 � !�' : � �^���_;: =ac� Natary Public in a d r e tate of Texas CfTY �F FORT WDRTH Wlr &.5lvr Irapravemenrs ro serve Rrsinger - Old 8urleson Roud dr Opponuniry Wuy STANpARd C�NSTRUC'fIQN SPECIFICATION pDCLJMEN'i5 Crty Praje[t Nn.1Rz97D Re�ised Aprii 2, 2014 fl045�6-2 CONTRACTaR COMPLIANCE WI7H WORKER'S COMPENSATI�N I.AW Page2of2 1 2 3 EN� OF 5ECTIQN CITY OF faRT WpRTH W�r � Swr Imprnvemenrs ro serve Rrsinger — 01d Barlesan Road c� Dpparrunity WQy STANDAR� CONSTRlJC71ON SPECIFICATlpN OOCl1MENT5 City Prvjert No.I0297p Re�ised April 2, 2Q14 � SEGTIDN � 52 43 005243-1 Qe�elaper Awarded Project Agreement Page 1 of 6 Z AGREEMENT � 3 FHIS AGREEMENT, authorixed en Z v i5 made by and between the pe�elnper, 4 Hillwoad Alfiance Serr�ites, LLC, a Tex�s limited liahiiity Cnmpany, authorized to do 6�siness in 5 Texas �"pevelaper"�, and C� iC , autharixed tv 5 da business in Texas, atting hy and thraugh its duly authorired representative, {"Contractor"j. 7 Developer and Contra�t�r, in �on�ideratian of the mutual ca�enants hereinafter set forth, agree 8 as fo�lows: 9 Article 1. WORK 14 Contra�tor shall complete all Wvrk as specified ar indieated in the Contratt �ocumentS for the 11 �roject identifi�d herein. 12 Artitle 2. PROlECT 13 The praject far which the Work under the Contraet �o�uments may t�e the who�e or anly a part 14 is generally descrihed as fallows: 15 Wa[er & 5arrito Sewer !m rvvemer+ts to serve Risin er �Id 8urleson Ropd & � nrtunit Wn . 15 CPlV I�Z970 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essenGe. 19 All time limi#s far Milestanes, if any, and Finaf A�ceptance as stated in the Cnntract 2D ❑a�umen#s are nf the essence to this �antract. 21 3.2 Final ACteptanee. Z� The Work will be complete for Final Ac�eptan�e within �T�� j working days aiter the date 23 when the Contract Time cammences #o run aS pravided in Paragraph iZ.04 of the 24 5tandard City Conditinns ❑f the Canstruction Contract far Develaper Awarded Projects. �5 3.3 �iquidated darnages 26 CQntractor recagnix�s that time is of the essenee of this Agreement and that Re�eloper z7 wiN suifer finar�cial loss if the Work is not completed w9thin the times spe�ified in 28 Paragraph 3.2 abo�e, plus any extensinn thereof allowed in accordance with Artitle 1� 24 af the Standard City Canditians of #he �onstruction Contract #ar De�eloper Awarded 30 Prnjects. ihe Cnntractar also re�ogniies the delays, expense and diffieulties in�olved in C1TY idF FORT WdRTFi 6S'ar &.Slvr lmprovements to serve Rfsinger - OId Burleson Roud & Dpportrrnrty iYu�� STANDARI7 CONSTRUCT1qN SPECIF1CATiON 17C7CUMENT5 -- DEVELOPER AWARbED P�tpIECT5 City Praject No, 207970 Revised June 16, 2plfi oaszaa-z Developer Awarded ProJert Agreement Page 2 oF fi 31 pro�ing in a legaf pro�eeding the a�tual lnss suffered by the pe�eloper if the Work i5 not 32 comple#ed ❑n time. Accordingly, instead �f requiring any Such proof, Contractor agrees 33 that as liquidated � ages far delay {but not as a penalty], Contractor shal! pay 34 De�elaper 35 Dallars �$ j fvr each day that expires after the time 3S specified in Paragraph 3.2 for Final Ac�eptance t�ntil the Ci#y issues the Final Letter nf 37 ACceptance. 3$ Article 4. C�NTRACT PRICE 39 Devefoper agrees tfl pay Contractor for performan�e of the Work in accordance with th� 4� Cvntract �oeuments an amo�nt in current funds af q� Fi�e Hundrad Fifteen Tha�sar�d Nine Hundred Ninety Three 8 1511fl6 dpflaf5 {$ �'"�,��3. �S ] 42 Article 5. CaNTRACT OQCLlMENTS 43 5.1 C�NTENi5: 44 A. �he Contract Dptuments which eomprise the entire agreerrE�nt between De�eloper 4S and Contractar cnncerr�ing the Work consist of the fnllowing: 4fi 1. This Agreement. 47 �. Atta�hments to th�s Agreerr�ent: 48 a. 6id Farm �As provided hy ❑er►eloperj 49 7.j Proposai �arm (pAP Versionj 5p 2y Prequaiification 5tatement SI 3y 5tate and Federal dacuments jAroject specificJ 52 b. Insurance ACQitO form(sj �� t. Payment Sond �pAP Versian) 54 d. Performante Bond ��AP Versionj 55 e. Maintenance Bond �bAP Versiony 55 f. Pawer pf Attorney for the 8onds S7 g, Workers Campensation AfFida�it 58 h. MBE ar�d�or 5BE Commitment �orm �if requiredj S3 3. Standard City General Conditions pf the Construction Con#ratt for Developer fiU Awarded Rrojects. C1TY DF FORT' WbRTH W!r & Su•r Improvemenls ro serve Rrsrnger - aId �urleson Road 8r Dpporruniry Wvy STANDARD CONSTRt1CTI�N SPEC[F[CAT[ON ppCUMENTS - i]EVELOPER AWARDEp PRO]ECTS Gty Prvje[t No. 1p1970 Re�ised Iune 16, 2p16 � 0 61 62 63 fi4 65 65 67 fi8 fi9 �o 71 72 73 74 75 7fi tl05243-3 Ueveloper Awarded Prnfect Agreemeni Page 3 of 6 4. 5upplementary Condition5. 5. 5peciiieations specifically made a part of the Contract Do�uments by attaehment or, ii not attached, as in�vrporated by reference arrd descri#�ed in the Tahie o# Contents nf the Proje�t's Contract pvcuments. b. brawingS. 7. Addenda. 8. bn�umentatior� submitted by Cor�tractar prior to Nr�tice of Award. 9. ihe following which may be deli�ered or issued after t�e Effecti�e bate of the Agreerrrent and, if issued, be�ame an in�nrpnrated part of the Cantratt Dncuments: a. Noti�e to PrQeeed. b. Field arders. c. Change �rders. d. Letter of Final Acceptance. CITY aF F�RT WORTFi Wrr & Swr lmprovemenrs ro serve Rrsirrger - pld Burles�n Rocud &(]pportunity Wrry STANDARD CdNSTRUCTION SPECIFICATION DDCIIMLNTS - I7EVELQPEit AWARpEb PROlECTS City Prgfet[ No. Ip7970 Re�ised Jnne l6, 2U16 OOSZ43-4 ne�eloper Awarded Praject Agreement Page 4 qf 6 77 Artieie fi. lNDEMNIFfi'ATlON 78 fi.l Contrattor ca�enants and agrees to indemnify, hold harmless and defend, at its uwn 79 expense, the �ity, its officers, servanis and empl�yees, from and against any and all 8U cla�ms arising �ut of, or aileged to arise out af, the work and services to he perFormed hy 81 the cantractar, it5 n#Fi�ers, agents. employees, suhc�ntractors, licenses ar in�itees under 82 this cantract. TF�is indemnification�ro►►ision is s ez�ficall intended ta nnerate and be 83 effectirre e�en if it is alle ed or roven that all or some of the dama es bein sou ht 84 were eaused in whaEe ar in rt b an act amission nr ne li ence af the ei . This 85 indemnity pra�ision is intended tQ include, withvut limitation, indemnity for tvsts, $fi expenses and legal fees in�urred hy the city in defending against such �faims and causes 87 of a�tians. 88 89 6.2 Cantractor �Qvenants and agrees ta indemnify and hvld harmless, at i#s own expense, 4� #he city, its offi�ers, ser►►ants and employees, fram and again5t a�y and ali InSs, damage 9I ar destructiun �f property af the city� arising aut of, �r alleged ta arise aut of, the wark 9Z and services te be perfarmed by the cantractor, its af�cers, agents, empinyees, 93 subcantractors, lieensees or invitees e�nder this con#ract. This indemni�catian ra�ision 94 is s �ifieall intended to o erate and be effectiwe e�en if it is alle ed or ra�en that all 95 nr some of the dama es bein sau ht were �aused in whole ar in art b an a�t 95 amissian or nettl�ence af the eity. 97 98 Art�cle 7. MISCELLANEUIJ5 99 7.1 Terms. la0 Terms used in this Agreement are defined in Article 1 of the 5tandard City Conditions of 1a1 the Cnnstru�tion Cnntract for ae�elaper Awarded Prajerts. 102 7.2 Assignment of Cantract. 1�3 This Agreement, including all of tF�e Cantract Datuments may not he assigned by the 1[]4 Cnrrtractnr without the ad�anted express written consent of the De�eloper. 1�S 7.3 Suceessors anc! AsSigns. 106 De�elaper and Contrattor each krinds itself, its partners� sut�essnrs, assign� and legal 107 representati�es tn the other party heretn, in respect t� all cavenants, agreements and 1�8 o6figstions cantained in the Cnntratt Documents. C1TY QF FDRT WOATH FYar dr 5tiur Improvemenrs fa serve Risrnger - D!d �iurlesan Road c� Oppnrrunrry Wuy STANDARp CaNST'RIJCTIQN 5PEC1F1CATiQN pDCUME7VT5 - L7EVEL�PEH AWARDEI] PRO]ECTS City Prnjerr No. 1029�tl Re�ised June 16, 2�l6 r� 005243-5 De�eloper Awarded Projea Agreement Page 5 of 6 1D9 11D 111 11Z 7.13 7.4 5e�erabifity. Any pro�ision ❑r part of the Contract Qncuments held ta 6e un�anstitutinnal, �nid vr unenfarteable by a eourt of campetent jurisdittion shalf be deemed stritken, and al! remaining pro�isions shall cnntinue to be �alid and binding upnn DEVELQPER and CONTRACTOR. 114 7.5 �o�erning k..aw and Venue. 115 This Agreement, ineludi�g all of the Cantract Ducuments is perFormable in the 5tate nf llfi Texas. Venue shall be Tarrant County, Texas. or the United 5tates ❑istrict Court far #he 117 N�rthern Qistrict of Texas. Fort warth Di�iSi❑n. 11$ 119 12� 121 122 123 124 125 126 127 128 129 13� 131 132 f33 134 135 136 7.fi Authority ta Sign. Contractor shall attach e�idence of autharity to sign Agreement, if o#her tha� duly autharized signatory of the Cantractor. IN WITNE55 WHEREQF, De�eloper and Contrattvr ha�e executed this Agreement in multiple eounterparts. This Agreement is effeetive as nf the last date signed by the Parties �"Etfective Date"j. C3TY QF FdRT WpRTH Ff'rr & Swr Improvemenrs la serve Risrnger - Qld Burleson Road & CJpporlanity FY� STANbARD C�NSTR[]CTIpN S�ECIFICATEpN �OCIIMENTS - DEVE1.pPER AWARf?ED PRp1ECT5 Ci[y Pmjeri Afn. ip2970 ke�iscd June 15, 2Q16 oosza3-s �eloper Awarded Pro}ec[ Agreement Page 6 of 6 Contractor: De�eloper: ■����. " :�r—`3 + ' ' _� By: gy, l �5ignatu ' ignature} � Gk _ � E'1� ._ {Printed Namej C , s � r� �. (Printed Namej Title: �51[;i{.k'�t Company lVame: Address: Title: r �� Campany name: Address: ■ �` • i � ■ • � � . [ . �. r_■� ' _ :Jr .1 r_ . City�State/ ' : �j ��! City/5t tT ip: � �-� L7 �'�-�7 � � �ate bate 137 CITY DF FORT WpRTH ii'ir �.�vr Inaprovemenrs ro serve Rrsinger O!d @urlesvn R�d & C]pporrunrly Wv}� STANpARD CDNSTRLlC7iflN SPECIF[CATIQN DOCLliv1£NTS — QEVEI,pPER AWARI]ED PRO]ECTS City Pr�ect Na. Ip297a Re�ised ]une 16, 2a15 � 00 �x xs - z PEftFORMAHCE eONU Page 1 of 3 �� � Band Na. 02351 16 1 � 3 4 5 fi 7 8 9 1� 11 �z 13 14 15 lfi 17 5ECTIdN 00 &213 PERFORMANCE B�Np THE STATE �F TE][AS § § ![N�W ALL BY THESE PRESENTS: COLJNTY �F TaRRAN7 § That we, Conatser Cvnstruccion TX, L.P, known as "Principat" herein and Berkl�y Insurance Cnmpany , a r.arporate surety(sureties, if more than one] duly authorized #a da husiness in the 5tate af Texas, knnwn as "Svrety" herein �w�ether vne or rnorej, are held and firmly f�ound unto the De�eloper, Hillwaod Afliance 5er�ices, LLC authorized ta do �usi�aess in 7exas �"De�elaper"y and the C�ty of Fvrt Worth, a Texas municipal carporatifln �"City�''i, in the pena! sum of, Five Hundred Fifteen Thousand, Ninc Hundred Ninety Three and i 51l (]a--------------------- ❑oliars {$ SS 5,993. i 5 }, lawful money of the United 5tates, ta be gaid in Fort Wort�, Tarrant Caunty, Texas fpr the payrrtent of whit� surYs well and tru[y to be made jointly unto the De�elaper and the Gty as dual o6ligees, we bind ourselves, our heirs, executors, adminFstrators, successars and assigns, jaintly and se�erally, firm�y by #hese presents. 18 Wl1EREA5, Deve�oper and City have entered into an Agreement far the canstructian of 19 cammuni#y facilities in the City nf Fart Warth by and thrQugh a Cammunity Fatilities Agreement, 2U CFA Number CFAZO-0323 2i 22 23 24 �5 2fi WHEREAS, the Principai has erotered into a certain written tontract with the Der►el�per awarded the � day of _'j�',�'i�7�L `�U '1.,�,o which Cantract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, #a furnish alk materials, equipment labor and other accessories defined �y faw, in ihe prose�ut+on of the Work, fr�eluding any Char�ge ❑rders, as pro�ided for in said Cantract designated as Water & Sanitary 5ewer Imprnvements to 5etve Risin er - �icf Burlesan Road &❑ ortuni Wa . 27 NOW. Tl1EREFORE, the ca�dit+an 4f this nhligation is su�fi that if the said Principal shall 28 faithfully perform 'tt ohiigations under ihe Cantrart and shall in al! respe�ts duly and faithfully 29 perfarm the Wark, incfud�ng Change �rders, under the Cantract, according to the plans, G7Y QF FORT WORTH Ffrtr � S1vr l�provemenrs ra serve Rlsfnger - DId Eurleso++ Road dr Oppor�unity Wrry STANDARi7 GITY CUn0171pN5 - �EYELOPER AWARQEfl PRpJECrS C1ty Project No.2a7970 Re- v15ed lanuary 3i, 2012 0 006213-2 PERFORMAli10E BOHD Page 2 of 3 1 spe�if'iptions, and tontract dotuments therein referred ta, and as well during any perind of .-, 2 extensian of #he Contract that may be granted nn the part of the de�elnper andlor City, then 3 this ohfigatian shall be and be�ome null and �aid, otherwise to remain in full force and effect. 4 PROV#UEo �URTHER, that if any legal action be fiied on this Bond, venue s�all lie in 5 7arrant Cnunty� Texas or the United 5tates aistrirt Court for the Northern i7istrict of Texas, Fart �� fi W�rth Division. , 7 This 6or�d is made and exetuted in camptiance with the pro�isinns n# Chapter 2253 af 8 the Texas Ga�ernment Cade, as amended, and all lia�ilities an this #sond shail be determined in 9 accordance with the pra�isi�ns a# said statue. 10 IN WIiAIESS WHEREDF, the Principal and the 5urety ha►►e 51GNE� and SEALEfl this -- 11 instrument by duly autharixed agents and ofFiGers on tfiis the �`day of ��Ivi�EI�- 12 ��J 2D �. PRINCIPAL: Conatser Constru�tion TX, L.P. AT7�ST: 8Y: 5igna#ure �Principal} 5ecretary Wi#ness as to principal $rock Huggins, Ptesident Name and Titie Address: 5327 Wichita 5i. Fori W orth, TX 7G 119 . CI'fY OF FORT WDRI'F1 iYfr � Slvr Imp►ovemenes to serwe Risinger— Old Burksoq Road & npparta+rily W[ry STANpARD CfiY CON�I71ON5 —�EVELOPER AWARnED PRQIECTS GtyProjet[ Na.2p2970 Re- visedJanuary 31, 2012 —, � � r� � DQ6213-3 AERFORMAHCE BQNp Page 3 af 3 I.�iIX►��i - -��,..,�.. - :��' J _ {5uretyj 5ecretary itness as to 5urety SURETY: Herkley lnsvrance Campany ^T 8Y: ` 5ignature Robhi Morales, Attorney-in-fact Hame and Title Address: 50Q5 LBl Freewa , Suite 1504 �allas, TX 75244 Telephone Numher: 2141989-0� 1 2 3 4 '"Nnte: I# signed by an officer of the 5urety Company� there must be on fiie a �ertified extract 5 frnm the by-laws shawing that t#�is person has authority to sign such abliga#inn. If fi Suret�s physi�al address is diiferent from its maiEing address, hath must be pro�ided. 7 8 7he date of the bond shail not be prior to the date the Corstract is awarded. 9 CffY DF FDRT WORTN Wfr & Swr lrirprovemenrs ro serve Risiniger — Q1d Burleso�r Roed & Qpporlunrfy P3`ay STAHQARp CITY C4HOCfIflNS — pEVfLOPFR AWAROED PRQI�CTS �ty Project Nv.IUt970 Re- rised ianuary 31, �012 r I 1 ---, 2 3 � q 5 s � � 8 9 l� �1 12 13 I4 15 1fi 1� OOfi214-1 PAYMEH�BONG Aage 1 of 3 Band No. U2351 lb SECTiOH 0� 6214 PAYMEfVi BQND THE STATE OF TEl[Q5 couNrr o� Taa�aNr � � � KNOW ALL $Y THES� PRESENTS: Th2�t we, Conatser Cnnstruction TX, L.P, known as "Prin[ipal'� herein� drld Berkle Insurance Company � corpvrate st�rety ( or sureties if mor� than one), dufy authnrixed to do business in the 5tate of Texas, knnwn as "Suret�' herein {wh�ther one ar marej, are heid and firmly �ound untn the �e�efnper, Hillwood Alliar�ce Serr�ices LLC authar9xed to do business in Texas "{De�elope�"j, and the City af Fart Worth, a Texas muni�ipal corporation {"C9t�'y in the penai sum Fi�e Hundred Fifteen `f'housand, ' ❑f Nine Hun red N'snet Three and 15110U-------------------- p4fldrs ($ S15 993.15 � , lawfu# mar�ey af the Un�ted States, to he paid in Fnrt Warth, 7arrant County, Texas� far the payment of which sum wef� and tr�ly be made �ointly unta the Derre�aper and the Gity as dual a'biiges, we bind ourselves, aur heirs, executars, admin#stra#ars, su�cessors and assigns� jointly and serrerally, frmly by fhese presen#s: �g WHEREAS, De�eloper a�d City haWe entered i�to an Agreement for the constructidn nf 19 community #a�ilities in the Gty of Fort Wnrth, by and thrnug� a Community Fa�ilities 2U Agreement. CFA24-0123; and 21 22 23 Z4 Z5 26 WHER�AS, Principal has entered into a tertain written C.ontract with Aevelaper, awarded the ��ay flt Z��� which Cantract is herehy referred to and made a part hereof far a!I pur�ases as if fulEy set forth herein, #o furnish aN materiais, equipment, iabor and other accessaries as defined hy law, in the prQsecutinn af the Wflrk as pra►►ided far in said Contract and designated as Wa er & 5anita Sewer !m ro�ements to 5erve Risin er — pid Burkesan Rvad & D ortuni Wa , �� HOW, THEREFORE, THE CDNDITIDN QF THIS 4BLIGATlON is �uch that if Printipai shall 2� pay all monies owing ta any tand afl} payment bond henefieiary (as defined in Cha�ater 2253 of 29 the 7exas Go�ernment Code, as amended] in #he prosecutinn nf the Worlc under the Can#ract, CITY pF F4R7 WipiCT}! i3'rr c$ Sivr 1+►apro►�emenls lo serve Risinger - D7d Burlesan Rvod & appnrdrrniry Wrry STANa,ARQ CfTY CaNDI'fIONS — DEVELaPER AWARpEO PR07ECT5 Ciry prn,iecikp. ?p23�� Re�isedJanu�ry 31, 20I� 0 �062i4-2 PAYIv�EMT $i3N� Page 2 O1` 3 �. then this obligation shall be ar�d beaomQ null and �aid; a#herwise tv remain in full forte and � efFect. 3 This hand is rnade and executed in compliaRce wi#h the pro►►isions of Ch�pier 2�53 of � 4 the Texas Go�ernrr�ent Cnde, as amended� and all liabitities on this bond shall be detefrnRned in 5 accordance with the pro�isions o#said s#atute. S IN W17NES5 WHEREQF, the Prir�cipal and Surety ha�e each 51GNED and 5EAlED this � 7 instrument by de�ly auti�orired ager�ts and officers an this the ��, 8 �a � ----�` day of PRfNCIPAL- C`vnasser Construction TX, L.P. ATTE57: 8Y: 5ignature �Principalj 5ecre#ary Witness as ta Prineipa! 8rock Huggins, President Name and Titfe Address: 5327 Wichita 5i. Fort Worth, T3{ 7G 1] 9 S L1 RETY: Bericley insurance Campany �� �F �Q� W�� iYrr &.5�rr Invprovenrenls fo serve Risi+�ger— Old 8rrrlrsnn Rvud & p rtuni W STANDARD CfTY LpN�ITTQrys —�EyE��PER AWAROEp PRpJ£L�'S Pp° �' �' Revised JanWary 31, 2012 CnY prolect NQ. Za2970 r- r i ATTEST: � ���.� �,�_,� _ (5uretyj Secretary � Witness as ta Sur�ty ao sx xa - � PAYluIEHF BON� Rage 3 of 3 BY: ^��,.c � 7�-� � Signature Robbi Mvrales, Attamey-in-fact - t�ame and iitle Address: 5005 LB1 Freeway, Suite 1 SUU Daklas. TX 75244 Te4ephor�e Numher: 2141989-aaQR � 2 i�ote: If signe� by an vfficer of the 5urery, there snust be ❑n fle a certified extra�# from the 3 bylaws shawing tha# this person has autharity ta sign suc� obligation. f# Surety's physical 4 address is different frnm its rnailing address, both must he prnvided. 5 5 7he date ni the b�r�d shall nnt be prior to the date the Cantract is awarded. 7 END DF 5ECTION 8 � ,� � � i �'-� � --' 1 Cm! OF FORT WORT+i if`rr � Srvr [mpro�erren[s �o serve Risinger - Qfd &urleaan Road & Oppur�unfry Way STANpAR� ClTY CaNDIYfON; -QEVELppER AWARDEp PRp�ECiS City project No. s0297Q Revlsed lanuary 31, YplZ -� � r rr 1 r' � 3 4 5 fi r-- 7 � S 9 Ifl 11 1z 13 14 15 16 17 18 �06219-1 MAIH7ENANCE BUND Page 1 of 4 $nnd No, 0235 i 16 SECTIOH [fQ S2 7,9 MRINTENANCE BQN� THE STATE dF TE}(AS § § KN�W ALL 6Y iliESf pRESENTS: �DUNTY DF iARRAN7 § That we Canatser Canstructinn TX L.P. knawn as "Principaf"' herein and Serk[e Insuranee Com an a carparate surety {sureties, if mnre than onej duly authorixed to do husiness in the State Qf iexas, knawn as "5uret�' herein (whether one vr rnQrej, are heid and �rrniy bound unto the Developer, Hillwao Alliance Services. L�C autharixed to do tsusiness in Texas ["developer"j, and the City of Fort Worth. a�exas municipal cor�oratinn �"Cit�'j, �n the sum Fi�e Hundred Fifteen Thousand, Qf d Nine Thnee and l 5110Q------------- pollars ($ 5 z S 9�3. i 5 y lawfuf money a# the United 5tates, ta be paid in Fart Worth, Tarrant County, Texas, fur payment qf wi�ich sum well and truly be made jointly unto the f3e��lnper and the City as dual ahliges and their sucoessars, we hind nursel�es, our heirs, exe�utnrs, administrators, successors and assigns, jaintfy and se�erally, �rmly hy these pre5ents. 19 WHfREAS, �e►►elaper and City have entered into an Agreement far the cons#ructian of 2a community facilities in the City nf Fart Worth hy and thraugh a�nmmunity facifities Agreernent. �1 CFA20-0123; and 22 WHEREAS, the Pr9ncipal has entered inta a certain writ#en contract with the De�eloper 33 awarded the� day nf i7C�$ 20� which Contract is 2� Fsere�y referred to and a made part hereof for all purposes as if fully set forth herein, ta #urnish 25 all materials, equipment la6ar an�i other accessar�es as defined by faw, in #he prosecutinn ai the 26 Work, including any Work resulting frvm a duly autho�ixed Change Qrder �collecti►►ely herein, 27 the "Work"j as pra�ided for in said Cvntra�t and designated as W ter & 5anita 5ewer 28 !m ro�ements tn serve Risin er—Ofd 8urlesan Road & d nrtuni Wa and 29 � CfTY UF F�RT WaRTFI W[r & Swr Impro�ements [o serve Risinger - Dld 8urlesan Roed � pppvrtunJty Wuy 5TAHpARa CIiY CONDITipNS - �EVf LaPER AWAIiaE� PROJECTS �=y prp�j� �p j p�y�a Revisedlanuary3l, 2p12 r- � -� OQfi219-2 MAIMTENANCE BON� Page 2 �f 4 1 WH�REAS, Principai bir�ds itself to use sueh materials and ta so construct the Work in � 2 accardance with the plans, specifications and Cantra�t Qocuments t�at the Wark is and wil! 3 remain free from defects in materials or workmanship €ar and during the periQd af twa {2j years ^- d after the date of Finai Acceptante of the Work by the C}ty ["Maintenante Reriod"j; and 5 fi WHEREAS, Principal binds itself #a repair or reconstruCt ##�e Wortc in whole or in part upan ^ 7 recei�ing nQtice #rom the De�eloper andlor City of the need thereaf at any time w�thin the 8 Maintenance Periad. 9 i� NQW THEREFDRE, the condition of this �hligatian is such that if Prin�ipal shall remedy � 11 any defective Work. For which timely notice was provided by De�eloper vr City, to a completion 12 satis#actary to the City, then this o5ligation shafl I�ecame null and �aid; ntherwise to remain in 13 full force and effect. 14 15 PROVlOED� lIaWEVER, if Principal shall fail so t4 repair or reevnstruct any timely ifi noticed defective Wark, it is agreed that the Developer or City may cause any and a!I su�h 17 defet#ive Wark to �e repaired andlnr recanstruttcd with a�l assneiated tn5ts therenf b�eing 18 borne hy the Principaf and the 5urety under this Maintenance Bnnd; and 19 2� PRQViDEO fi1RTHER, that if any legal action be filed an this Bond, �enue shali Ge in Z1 Tarrant County, Texas ar the United 5ta#es District Court for the Alorthem bistrict o# Texas� Fort �2 W�rth Divisior�; ar�d 23 Z4 PROVIDED FURTHER, that this nhfigation shali he �antin�aus in nature and suctessi�e 25 reco�eries may be had herean far suecessi�e breaches 2fi CffY pF FORT WORTH 1+Vtr & Swr fmprorvemen[s to serve Risenger-- QId Burresan Raad &�pportuniry Way STANDARD ClTY COHOiI'IphiS - DEVELdPER AWARpEB PRpJECTS O�ty Project No, IQZg7p Revised lanuary 31, 2022 ,-- i � 1]0 62 19 - 3 MAIN7FNANCE 80ND Page 3 af 4 1 IN WITNESS WHERE�F. the Principal and the 5urety har►e eaeh SIGNED and SEALE� this 2 instrument by duly a�thorized agents and affi�ers on this the - �� - day af ��C��$iUt 3 �0�. 4 5 ATTEST: {Rrintipalj Secretary PRIHCIPA�: Conatser Construction T3L, L.P. 8Y: /✓ Signature Brvck Huggins, President Name and T�tie Address: 5327 Wi�hita St. Fort Worth T'X 76119 r Vvitness as t� Principal � I SURETY: Berktey Fnsuranr.e Company ATTE5T: SY: ' Sigr�ature CITY OF FpRT WOR7H W[r & Swr Improveinents to serve Rfsreger- Old 9urleson Rnad & appvrtunity Wuy 51'ANOARD CiTY CQHpITiOHS - DEVELOPER AWARUE6 PRDIECTS t;ty prajetc ryn. Zp2g7p Revised lanuary3l, 201� � � _ � (Surety] Setretary 0062I9-4 MAIHTEHANCE 8ON0 Page 4 of 4 Rvbhi Moraies, Aitpmey-in-fact Name and Title Address: Sfl�S LB.1 Freeway, 5uite 15Ufl �alias, 7'X 752�44 itness as #n Surety -� '� � ^-' i � --, � 7elephone Num�er: 2141989-t100a 1 2 *Hate: If signed by an offiter af the Surety Cornpany, there rnust be on �ile a certified extract 3 frnm the by-laws shnwing that this persnn ha� authority to sign such abligation. If 4 Suret�s physical address is difFerent fram its maiiing address, iooth must he �rovided. 5 6 The date of the bond shall not be priQr #o the date the Contract is awarded. 7 CI7Y QF FQRT WpRTH Wtr & Swr lmprpwerne»ts ta serve RLsinger— pld 9urlesort Rpod & Opportunity Way STANDAftE] CiTY CUND4TIUN5 —�EVELOPER AWAROED PRQ]ECTS Cry Projec[ IVa. Ip297U Revised lanuary 31. 2D12 I^' r� � � ^� � �v I� x '� — � �ti �= —, �, s.� c�s . � � �: v � � v .. � � � � � � :� � � � � G ^.�i a � � � c `" C 7-, `-' 6] � G C o � � � 4 � a � � � �. � a� � � .� s � � � V � � .� � � :, � � � -q � � � o �, �..= _-.. � � � � c� E � J � • -: •o F � •— � � .. � C d � pll —+ C .x — � � � � y � � — a � �' G „�-, � � V C � � � � _, � ,�, a � a� •— �� �Q N .� • �, a , c � � y � -� � � r � �, v -.�� �, i o v � z� --, � � � � � � S .. Na. BI-7280j PD WER OF ATTORN EY BERKI.EY INSURAI►ICE CQMPANY WILMCTfGT�N, DELAWARE NDTICE: The warning foUnd elsewhere in this Power of Attorney at�cts the �alidity therevf, Flease rc�iew carefulfy. KNDW ALL MEN SY "I`I-�SE PRESENTS, that B�RKLEY INSUFtANCE CpMPANY (tbe "Company"), a eorporativn duly argaoixed and existing under the laws of the 5tate af Delaware, ha►+ing its princi�a[ vffice in Greenwich, CT, has made, constitutec! and a}spointed, and daes hy #hese presents make, cvnstitute and appoint: Rlrerdo J. Re,ynrr; Don � Cor►teIl; Soplr�n[e Hunler; Robhl Marales; R'elly A. Wes�hrook; Tina McEw�n; Joslrus r!. Saunders; or Tanie Pe�ra►rek of �4on Risk ,Ser�ices Sautlrwes7, hrc. of Da!las, TX its true and lawful Attamey-iri-Fact, to sign its name as surety only as delineated belnw and tv execute, seal, acknowledge and deliver any and all bands and undertakings, wixh the exceptinn af Finaneial Guaranty Insurance, pro�iding that na single Qbligatian shali exr�d Fifty MiElian and Oa11Ua [].5, llollars {11.S.S5Q,004,Ua�AO], to the same extent as if sucf� bands tsad been duiy execv� and arknowledged by the regularly elected officers a€ the Company at its prineipal office in their own proper persons. This Power af Atboiney shall be consh-ued and enforced in acr_urdance wrth, and govemed by, the laws of the State af Delaware, withaut giving effect tn the �rineiples of confli�ts af iaws therenf. This Power af Aftarney is gra�ted pursuant ta the foliawing resoFutions wt�ich were duIy and vatidiy adapted at a meeting of the Board of oirecbors of the Compsny held un January 25, 20 I0: RES4LVE�, that, with respect #a the 5urety business writte� hy Berkley Surety, the Ch�irman of the Baard, Chief Execnti�e OfF�cer, Piesident or any Vice President af the Company, in cvnjvnction with the Secretary ar any Assista�t 5ecre#ary are herehy authorized to execu.te powers af attnmey authorixing and qualifying the attnmey-in-fact named therein ta execute bonds, undesrta3cings, racognizances, or other sure[yship obligatians on be�alf of the Company, and t� affix the carporate seal of thc Company #a powcrs af attQrney executed pursuant hereto; and said offieers may remo�e any su�h at[omey-in-fact and re�ake any pawer o€ attomey previvusly granted; and furt}ier RE50LYED, tiiat suGh puwsr of attorney iimits the acts vf those named therein to the bnnds, undertakings, recagnizances, or ❑tt+er suretyship ohligatinns speci�cally aamed therein, and they ha►+e na authority to hind the Company except in tha manner and ta the extent therein stated; and further �tESOLVEII, tb,at s�h pQwer of attnrney re►+vkes all �revious powers issued an behatf vf the attorney-in-fact named; and further R�S�LVE1l, that the signature oF any authorired officer and the sea] ❑f the Company may he affixe� 6y �acsimile to any power of attarney or certification therea£ authori�ing the execution and delir+ery of any bond, und�rtaking, recognixanee, or ather suretystrip obligation of the Company; and such signa#ure and seai when so used shal� ha�e ths same force and effect as though manually affixed, 'i'he Campany may �ontinue to use for ttze purposes herein stated the facsimile signat�re of any person or pers�ns who shall have been such officer ar off�ers af the Campany, avtwithstanding the fact that they may ha�e ceased to be such at ihe time w�en such ins�uments shall be issued, [N WITi�E3S WHEREOF, lhe Cai y has �aused thesc presenis ta bc signed �nd e[tcsted by i[s �ppropriate ofiir.ers and its corporatc scsi hcrcuntn aFfixe� t�is�day af M ,?v 1 R . Attesr: � [3erkle Insnrnnce �ampan {5eal) I3y gy Ira , d an ie ftcr � Exc�cutive Vice #�resident & 5ecretary i ident WARN1lYC; THlB POWLR EiVVALiD 1R NQ'F PRIMT@D Q1V $LLIE "�ERKLEY" SECURiTY PAPRR. � f'AT� UC� C�NNECTfCUT ) y �: cou�v�ry ar �nr�t�z,n � !� Sworn !0 6efo� me, a N�tary Pu�lic in lhe 5{ate oFCannecEieut, this�7 day nF [g , by irn 5. lxdermun and Jcif�y M, HaFICr ►vl�o are sW�i� to mc tv bc ihc Execufivc Vice Prc 'dc and 5ccrcta�}+, thc Scnior Vice Presidenl, respe�ii�ely, vFSerklcy Insurance Compargpqq�p�, p�MQ�qKq� ' " Af�FARY PLIBUC � .� +�. � �� �� MY COMAAtSSIDf+! E](PlAE3 vtary Public, State of Cvnne�ticur APRi! 3U, 019 ��H�rirztca•r� 1, the undersigned, Assistant Sxretary uf BERKLEY IlVSU€iANCE CflMPATIY, D� HERESY CFRTIFY that the foregoirsg is a[rue, correct and cnrnplete copyr of tE�e vr'sginai Pvwer of Arivmey; that said Pawrr of Attorriey has not betn rc�oked ar rescinded snd that the authority of tttic Attnrney-in-Fa�i set fprtii therciq who excce:red ths bond ar undertaking tv whi�h ti�is PQwer oFAttarney is attached, is in fuf! farce and ef%ci as vfthis dafv. Gi��n under my hsnd and seal nf the Compeny, this day nf {5ea.!) �r� t . Forte � 1MPaRTANT NQTiCE To oloiain informativr� ar make a comp[aint: Yota may ca�� gerkley Surety Group, LLC and i'�s affiliaties by telephone fvr informa�ion or to make a comp�aint: BERKLEY SURETY GR�UP, LLC Pfease send ali noti�es of c�aim on this bond to: Berkiey Surety Group, LLG �866} 7�8�-3534 4'i 2 Mounf FCemble A�enue, 5uite 3'f �N --- Morristown, NJ 07950 Attn: 5urety Claims ❑epar-tment Yau may �on�act the Texas Department af lnsurance ta ❑btain information on companies, �v�erages, rights ❑r �vmplaints at: '1-80D-252-3439 You may write the Texas Department of lnsuran�e: P. D. Bax '� 49104 Aus�'sn, TX 7'8714�9'[ D4 _ F�x: �5'� �j 475-'i 77'i We�: ht� :Ilwww.tdi.state.tx.us _ E-maif: ConsumerPra#ectian �di.state.tx.us PREMILJM �R CLAIM DlSPUTES; 5hauld yau ha�e a dispu�e �oncerning your premium vr about a claim yau sho��d contact your agenf or Serkley Sure#y Group, LLC �irs�. If the dFspute is nat resolWed, yau may contac� the Texas ❑epartm�n� of lnsurance. ATTACH THIS N�TICE Ta YaUR B�N�: This natice is for ir��ormafiion nnly and daes nat becorne a par� ❑r candition ❑f th� attached document and is gi�en fo camply wi�h Texas i+ega� ar�d regulata�'y requirements. � - -, � 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: _____none______________________________________________________ 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: __________none___________________________ Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : ____________none_________________________ Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No. 102970 Revised December 20, 2012 SECTION 01 11 00 SUMMARY OF WORK PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Summary of Work to be performed in accordance with the Contract Documents 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. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No. 102970 Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. c. If the street is occupied by railroad tracks, the Work shall be carried on in such manner as not to interfere with the operation of the railroad. 1) All Work shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Work within Easements 1. Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 2. Do not store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the City. 3. Unless specifically provided otherwise, clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the Work as a part of the project construction operations. 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the Work. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work within easements, including removal, temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No. 102970 Revised December 20, 2012 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 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.102970 Revised August 30, 2013 SECTION 01 25 00 1 SUBSTITUTION PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedure for requesting the approval of substitution of a product that is not 6 equivalent to a product which is specified by descriptive or performance criteria or 7 defined by reference to 1 or more of the following: 8 a. Name of manufacturer 9 b. Name of vendor 10 c. Trade name 11 d. Catalog number 12 2. Substitutions are not "or-equals". 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 – General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various items bid. No 21 separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Request for Substitution - General 25 1. Within 30 days after award of Contract (unless noted otherwise), the City will 26 consider formal requests from Contractor for substitution of products in place of 27 those specified. 28 2. Certain types of equipment and kinds of material are described in Specifications by 29 means of references to names of manufacturers and vendors, trade names, or catalog 30 numbers. 31 a. When this method of specifying is used, it is not intended to exclude from 32 consideration other products bearing other manufacturer's or vendor's names, 33 trade names, or catalog numbers, provided said products are "or-equals," as 34 determined by City. 35 3. Other types of equipment and kinds of material may be acceptable substitutions 36 under the following conditions: 37 a. Or-equals are unavailable due to strike, discontinued production of products 38 meeting specified requirements, or other factors beyond control of Contractor; 39 or, 40 01 25 00 - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.102970 Revised August 30, 2013 b. Contractor proposes a cost and/or time reduction incentive to the City. 1 1.5 SUBMITTALS 2 A. See Request for Substitution Form (attached) 3 B. Procedure for Requesting Substitution 4 1. Substitution shall be considered only: 5 a. After award of Contract 6 b. Under the conditions stated herein 7 2. Submit 3 copies of each written request for substitution, including: 8 a. Documentation 9 1) Complete data substantiating compliance of proposed substitution with 10 Contract Documents 11 2) Data relating to changes in construction schedule, when a reduction is 12 proposed 13 3) Data relating to changes in cost 14 b. For products 15 1) Product identification 16 a) Manufacturer's name 17 b) Telephone number and representative contact name 18 c) Specification Section or Drawing reference of originally specified 19 product, including discrete name or tag number assigned to original 20 product in the Contract Documents 21 2) Manufacturer's literature clearly marked to show compliance of proposed 22 product with Contract Documents 23 3) Itemized comparison of original and proposed product addressing product 24 characteristics including, but not necessarily limited to: 25 a) Size 26 b) Composition or materials of construction 27 c) Weight 28 d) Electrical or mechanical requirements 29 4) Product experience 30 a) Location of past projects utilizing product 31 b) Name and telephone number of persons associated with referenced 32 projects knowledgeable concerning proposed product 33 c) Available field data and reports associated with proposed product 34 5) Samples 35 a) Provide at request of City. 36 b) Samples become the property of the City. 37 c. For construction methods: 38 1) Detailed description of proposed method 39 2) Illustration drawings 40 C. Approval or Rejection 41 1. Written approval or rejection of substitution given by the City 42 2. City reserves the right to require proposed product to comply with color and pattern 43 of specified product if necessary to secure design intent. 44 3. In the event the substitution is approved, if a reduction in cost or time results, it will 45 be documented by Change Order. 46 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.102970 Revised August 30, 2013 4. Substitution will be rejected if: 1 a. Submittal is not through the Contractor with his stamp of approval 2 b. Request is not made in accordance with this Specification Section 3 c. In the Developer’s opinion, acceptance will require substantial revision of the 4 original design 5 d. In the City’s or Developer’s opinion, substitution will not perform adequately 6 the function consistent with the design intent 7 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 8 1.7 CLOSEOUT SUBMITTALS [NOT USED] 9 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 10 1.9 QUALITY ASSURANCE 11 A. In making request for substitution or in using an approved product, the Contractor 12 represents that the Contractor: 13 1. Has investigated proposed product, and has determined that it is adequate or 14 superior in all respects to that specified, and that it will perform function for which it 15 is intended 16 2. Will provide same guarantee for substitute item as for product specified 17 3. Will coordinate installation of accepted substitution into Work, to include building 18 modifications if necessary, making such changes as may be required for Work to be 19 complete in all respects 20 4. Waives all claims for additional costs related to substitution which subsequently 21 arise 22 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 23 1.11 FIELD [SITE] CONDITIONS [NOT USED] 24 1.12 WARRANTY [NOT USED] 25 PART 2 - PRODUCTS [NOT USED] 26 PART 3 - EXECUTION [NOT USED] 27 END OF SECTION 28 29 Revision Log DATE NAME SUMMARY OF CHANGE 30 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.102970 Revised August 30, 2013 EXHIBIT A 1 REQUEST FOR SUBSTITUTION FORM: 2 3 TO: 4 PROJECT: DATE: 5 We hereby submit for your consideration the following product instead of the specified item for 6 the above project: 7 SECTION PARAGRAPH SPECIFIED ITEM 8 9 10 Proposed Substitution: 11 Reason for Substitution: 12 Include complete information on changes to Drawings and/or Specifications which proposed 13 substitution will require for its proper installation. 14 15 Fill in Blanks Below: 16 A. Will the undersigned contractor pay for changes to the building design, including engineering 17 and detailing costs caused by the requested substitution? 18 19 20 B. What effect does substitution have on other trades? 21 22 23 C. Differences between proposed substitution and specified item? 24 25 26 D. Differences in product cost or product delivery time? 27 28 29 E. Manufacturer's guarantees of the proposed and specified items are: 30 31 Equal Better (explain on attachment) 32 The undersigned states that the function, appearance and quality are equivalent or superior to the 33 specified item. 34 Submitted By: For Use by City 35 36 Signature Recommended Recommended 37 as noted 38 39 Firm Not recommended Received late 40 Address By 41 Date 42 Date Remarks 43 Telephone 44 45 For Use by City: 46 47 Approved Rejected 48 City Date 49 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.102970 Revised August, 30, 2013 SECTION 01 35 13 1 SPECIAL PROJECT PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedures for special project circumstances that includes, but is not limited to: 6 a. Coordination with the Texas Department of Transportation 7 b. Work near High Voltage Lines 8 c. Confined Space Entry Program 9 d. Air Pollution Watch Days 10 e. Use of Explosives, Drop Weight, Etc. 11 f. Water Department Notification 12 g. Public Notification Prior to Beginning Construction 13 h. Coordination with United States Army Corps of Engineers 14 i. Coordination within Railroad permits areas 15 j. Dust Control 16 k. Employee Parking 17 B. Deviations from this City of Fort Worth Standard Specification 18 1. None. 19 C. Related Specification Sections include, but are not necessarily limited to: 20 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 21 2. Division 1 – General Requirements 22 3. Section 33 12 25 – Connection to Existing Water Mains 23 24 1.2 REFERENCES 25 A. Reference Standards 26 1. Reference standards cited in this Specification refer to the current reference 27 standard published at the time of the latest revision date logged at the end of this 28 Specification, unless a date is specifically cited. 29 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 30 High Voltage Overhead Lines. 31 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 32 Specification 33 1.3 ADMINISTRATIVE REQUIREMENTS 34 A. Coordination with the Texas Department of Transportation 35 1. When work in the right-of-way which is under the jurisdiction of the Texas 36 Department of Transportation (TxDOT): 37 a. Notify the Texas Department of Transportation prior to commencing any work 38 therein in accordance with the provisions of the permit 39 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.102970 Revised August, 30, 2013 b. All work performed in the TxDOT right-of-way shall be performed in 1 compliance with and subject to approval from the Texas Department of 2 Transportation 3 B. Work near High Voltage Lines 4 1. Regulatory Requirements 5 a. All Work near High Voltage Lines (more than 600 volts measured between 6 conductors or between a conductor and the ground) shall be in accordance with 7 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 8 2. Warning sign 9 a. Provide sign of sufficient size meeting all OSHA requirements. 10 3. Equipment operating within 10 feet of high voltage lines will require the following 11 safety features 12 a. Insulating cage-type of guard about the boom or arm 13 b. Insulator links on the lift hook connections for back hoes or dippers 14 c. Equipment must meet the safety requirements as set forth by OSHA and the 15 safety requirements of the owner of the high voltage lines 16 4. Work within 6 feet of high voltage electric lines 17 a. Notification shall be given to: 18 1) The power company (example: ONCOR) 19 a) Maintain an accurate log of all such calls to Power Company and 20 record action taken in each case. 21 b. Coordination with Power Company 22 1) After notification coordinate with the power company to: 23 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 24 lower the lines 25 c. No personnel may work within 6 feet of a high voltage line before the above 26 requirements have been met. 27 C. Confined Space Entry Program 28 1. Provide and follow approved Confined Space Entry Program in accordance with 29 OSHA requirements. 30 2. Confined Spaces include: 31 a. Manholes 32 b. All other confined spaces in accordance with OSHA’s Permit Required for 33 Confined Spaces 34 D. Use of Explosives, Drop Weight, Etc. 35 1. When Contract Documents permit on the project the following will apply: 36 a. Public Notification 37 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 38 prior to commencing. 39 2) Minimum 24 hour public notification in accordance with Section 01 31 13 40 E. Water Department Coordination 41 1. During the construction of this project, it will be necessary to deactivate, for a 42 period of time, existing lines. The Contractor shall be required to coordinate with 43 the Water Department to determine the best times for deactivating and activating 44 those lines. 45 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.102970 Revised August, 30, 2013 2. Coordinate any event that will require connecting to or the operation of an existing 1 City water line system with the City’s representative. 2 a. Coordination shall be in accordance with Section 33 12 25. 3 b. If needed, obtain a hydrant water meter from the Water Department for use 4 during the life of named project. 5 c. In the event that a water valve on an existing live system be turned off and on 6 to accommodate the construction of the project is required, coordinate this 7 activity through the appropriate City representative. 8 1) Do not operate water line valves of existing water system. 9 a) Failure to comply will render the Contractor in violation of Texas Penal 10 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 11 will be prosecuted to the full extent of the law. 12 b) In addition, the Contractor will assume all liabilities and 13 responsibilities as a result of these actions. 14 F. Public Notification Prior to Beginning Construction 15 1. Prior to beginning construction on any block in the project, on a block by block 16 basis, prepare and deliver a notice or flyer of the pending construction to the front 17 door of each residence or business that will be impacted by construction. The notice 18 shall be prepared as follows: 19 a. Post notice or flyer 7 days prior to beginning any construction activity on each 20 block in the project area. 21 1) Prepare flyer on the Contractor’s letterhead and include the following 22 information: 23 a) Name of Project 24 b) City Project No (CPN) 25 c) Scope of Project (i.e. type of construction activity) 26 d) Actual construction duration within the block 27 e) Name of the contractor’s foreman and phone number 28 f) Name of the City’s inspector and phone number 29 g) City’s after-hours phone number 30 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 31 A. 32 3) Submit schedule showing the construction start and finish time for each 33 block of the project to the inspector. 34 4) Deliver flyer to the City Inspector for review prior to distribution. 35 b. No construction will be allowed to begin on any block until the flyer is 36 delivered to all residents of the block. 37 G. Public Notification of Temporary Water Service Interruption during Construction 38 1. In the event it becomes necessary to temporarily shut down water service to 39 residents or businesses during construction, prepare and deliver a notice or flyer of 40 the pending interruption to the front door of each affected resident. 41 2. Prepared notice as follows: 42 a. The notification or flyer shall be posted 24 hours prior to the temporary 43 interruption. 44 b. Prepare flyer on the contractor’s letterhead and include the following 45 information: 46 1) Name of the project 47 2) City Project Number 48 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.102970 Revised August, 30, 2013 3) Date of the interruption of service 1 4) Period the interruption will take place 2 5) Name of the contractor’s foreman and phone number 3 6) Name of the City’s inspector and phone number 4 c. A sample of the temporary water service interruption notification is attached as 5 Exhibit B. 6 d. Deliver a copy of the temporary interruption notification to the City inspector 7 for review prior to being distributed. 8 e. No interruption of water service can occur until the flyer has been delivered to 9 all affected residents and businesses. 10 f. Electronic versions of the sample flyers can be obtained from the Project 11 Construction Inspector. 12 H. Coordination with United States Army Corps of Engineers (USACE) 13 1. At locations in the Project where construction activities occur in areas where 14 USACE permits are required, meet all requirements set forth in each designated 15 permit. 16 I. Coordination within Railroad Permit Areas 17 1. At locations in the project where construction activities occur in areas where 18 railroad permits are required, meet all requirements set forth in each designated 19 railroad permit. This includes, but is not limited to, provisions for: 20 a. Flagmen 21 b. Inspectors 22 c. Safety training 23 d. Additional insurance 24 e. Insurance certificates 25 f. Other employees required to protect the right-of-way and property of the 26 Railroad Company from damage arising out of and/or from the construction of 27 the project. Proper utility clearance procedures shall be used in accordance 28 with the permit guidelines. 29 2. Obtain any supplemental information needed to comply with the railroad’s 30 requirements. 31 J. Dust Control 32 1. Use acceptable measures to control dust at the Site. 33 a. If water is used to control dust, capture and properly dispose of waste water. 34 b. If wet saw cutting is performed, capture and properly dispose of slurry. 35 K. Employee Parking 36 1. Provide parking for employees at locations approved by the City. 37 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.102970 Revised July 1, 2011 SECTION 01 57 13 1 STORM WATER POLLUTION PREVENTION 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Procedures for Storm Water Pollution Prevention Plans 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the 10 Contract 11 2. Division 1 – General Requirements 12 3. Section 31 25 00 – Erosion and Sediment Control 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Construction Activities resulting in less than 1 acre of disturbance 16 a. Work associated with this Item is considered subsidiary to the various Items 17 bid. No separate payment will be allowed for this Item. 18 2. Construction Activities resulting in greater than 1 acre of disturbance 19 a. Measurement and Payment shall be in accordance with Section 31 25 00. 20 1.3 REFERENCES 21 A. Abbreviations and Acronyms 22 1. Notice of Intent: NOI 23 2. Notice of Termination: NOT 24 3. Storm Water Pollution Prevention Plan: SWPPP 25 4. Texas Commission on Environmental Quality: TCEQ 26 5. Notice of Change: NOC 27 A. Reference Standards 28 1. Reference standards cited in this Specification refer to the current reference 29 standard published at the time of the latest revision date logged at the end of this 30 Specification, unless a date is specifically cited. 31 2. Integrated Storm Management (iSWM) Technical Manual for Construction 32 Controls 33 1.4 ADMINISTRATIVE REQUIREMENTS 34 A. General 35 1. Contractor is responsible for resolution and payment of any fines issued associated 36 with compliance to Stormwater Pollution Prevention Plan. 37 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.102970 Revised July 1, 2011 B. Construction Activities resulting in: 1 1. Less than 1 acre of disturbance 2 a. Provide erosion and sediment control in accordance with Section 31 25 00 and 3 Drawings. 4 2. 1 to less than 5 acres of disturbance 5 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 6 Permit is required 7 b. Complete SWPPP in accordance with TCEQ requirements 8 1) TCEQ Small Construction Site Notice Required under general permit 9 TXR150000 10 a) Sign and post at job site 11 b) Prior to Preconstruction Meeting, send 1 copy to City Department of 12 Transportation and Public Works, Environmental Division, (817) 392-13 6088. 14 2) Provide erosion and sediment control in accordance with: 15 a) Section 31 25 00 16 b) The Drawings 17 c) TXR150000 General Permit 18 d) SWPPP 19 e) TCEQ requirements 20 3. 5 acres or more of Disturbance 21 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 22 Permit is required 23 b. Complete SWPPP in accordance with TCEQ requirements 24 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 25 a) Sign and post at job site 26 b) Send copy to City Department of Transportation and Public Works, 27 Environmental Division, (817) 392-6088. 28 2) TCEQ Notice of Change required if making changes or updates to NOI 29 3) Provide erosion and sediment control in accordance with: 30 a) Section 31 25 00 31 b) The Drawings 32 c) TXR150000 General Permit 33 d) SWPPP 34 e) TCEQ requirements 35 4) Once the project has been completed and all the closeout requirements of 36 TCEQ have been met a TCEQ Notice of Termination can be submitted. 37 a) Send copy to City Department of Transportation and Public Works, 38 Environmental Division, (817) 392-6088. 39 1.5 SUBMITTALS 40 A. SWPPP 41 1. Submit in accordance with Section 01 33 00, except as stated herein. 42 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 43 as follows: 44 1) 1 copy to the City Project Manager 45 a) City Project Manager will forward to the City Department of 46 Transportation and Public Works, Environmental Division for review 47 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.102970 Revised July 1, 2011 B. Modified SWPPP 1 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 2 in accordance with Section 01 33 00. 3 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 4 1.7 CLOSEOUT SUBMITTALS [NOT USED] 5 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 6 1.9 QUALITY ASSURANCE [NOT USED] 7 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 8 1.11 FIELD [SITE] CONDITIONS [NOT USED] 9 1.12 WARRANTY [NOT USED] 10 PART 2 - PRODUCTS [NOT USED] 11 PART 3 - EXECUTION [NOT USED] 12 END OF SECTION 13 14 Revision Log DATE NAME SUMMARY OF CHANGE 15 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102970 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 PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 SECTION 01 66 00 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Scheduling of product delivery 6 2. Packaging of products for delivery 7 3. Protection of products against damage from: 8 a. Handling 9 b. Exposure to elements or harsh environments 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 – General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various Items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES [NOT USED] 20 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 21 1.5 SUBMITTALS [NOT USED] 22 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 23 1.7 CLOSEOUT SUBMITTALS [NOT USED] 24 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 25 1.9 QUALITY ASSURANCE [NOT USED] 26 1.10 DELIVERY AND HANDLING 27 A. Delivery Requirements 28 1. Schedule delivery of products or equipment as required to allow timely installation 29 and to avoid prolonged storage. 30 2. Provide appropriate personnel and equipment to receive deliveries. 31 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 32 for personnel or equipment to receive the delivery. 33 34 35 36 01 66 00- 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 1 containers designed and constructed to protect the contents from physical or 2 environmental damage. 3 5. Clearly and fully mark and identify as to manufacturer, item and installation 4 location. 5 6. Provide manufacturer's instructions for storage and handling. 6 B. Handling Requirements 7 1. Handle products or equipment in accordance with these Contract Documents and 8 manufacturer’s recommendations and instructions. 9 C. Storage Requirements 10 1. Store materials in accordance with manufacturer’s recommendations and 11 requirements of these Specifications. 12 2. Make necessary provisions for safe storage of materials and equipment. 13 a. Place loose soil materials and materials to be incorporated into Work to prevent 14 damage to any part of Work or existing facilities and to maintain free access at 15 all times to all parts of Work and to utility service company installations in 16 vicinity of Work. 17 3. Keep materials and equipment neatly and compactly stored in locations that will 18 cause minimum inconvenience to other contractors, public travel, adjoining owners, 19 tenants and occupants. 20 a. Arrange storage to provide easy access for inspection. 21 4. Restrict storage to areas available on construction site for storage of material and 22 equipment as shown on Drawings, or approved by City’s Project Representative. 23 5. Provide off-site storage and protection when on-site storage is not adequate. 24 a. Provide addresses of and access to off-site storage locations for inspection by 25 City’s Project Representative. 26 6. Do not use lawns, grass plots or other private property for storage purposes without 27 written permission of owner or other person in possession or control of premises. 28 7. Store in manufacturers’ unopened containers. 29 8. Neatly, safely and compactly stack materials delivered and stored along line of 30 Work to avoid inconvenience and damage to property owners and general public 31 and maintain at least 3 feet from fire hydrant. 32 9. Keep public and private driveways and street crossings open. 33 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 34 satisfaction of City’s Project Representative. 35 a. Total length which materials may be distributed along route of construction at 36 one time is 1,000 linear feet, unless otherwise approved in writing by City’s 37 Project Representative. 38 01 66 00- 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION [NOT USED] 6 3.3 PREPARATION [NOT USED] 7 3.4 ERECTION [NOT USED] 8 3.5 REPAIR / RESTORATION [NOT USED] 9 3.6 RE-INSTALLATION [NOT USED] 10 3.7 FIELD [OR] SITE QUALITY CONTROL 11 A. Tests and Inspections 12 1. Inspect all products or equipment delivered to the site prior to unloading. 13 B. Non-Conforming Work 14 1. Reject all products or equipment that are damaged, used or in any other way 15 unsatisfactory for use on the project. 16 3.8 SYSTEM STARTUP [NOT USED] 17 3.9 ADJUSTING [NOT USED] 18 3.10 CLEANING [NOT USED] 19 3.11 CLOSEOUT ACTIVITIES [NOT USED] 20 3.12 PROTECTION 21 A. Protect all products or equipment in accordance with manufacturer's written directions. 22 B. Store products or equipment in location to avoid physical damage to items while in 23 storage. 24 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 25 the manufacturer. 26 3.13 MAINTENANCE [NOT USED] 27 3.14 ATTACHMENTS [NOT USED] 28 END OF SECTION 29 30 31 32 01 66 00- 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 1 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 2 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 SECTION 01 74 23 1 CLEANING 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Intermediate and final cleaning for Work not including special cleaning of closed 6 systems specified elsewhere 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 – General Requirements 12 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various Items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Scheduling 20 1. Schedule cleaning operations so that dust and other contaminants disturbed by 21 cleaning process will not fall on newly painted surfaces. 22 2. Schedule final cleaning upon completion of Work and immediately prior to final 23 inspection. 24 1.5 SUBMITTALS [NOT USED] 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE [NOT USED] 29 1.10 STORAGE, AND HANDLING 30 A. Storage and Handling Requirements 31 1. Store cleaning products and cleaning wastes in containers specifically designed for 32 those materials. 33 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS 3 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 4 2.2 MATERIALS 5 A. Cleaning Agents 6 1. Compatible with surface being cleaned 7 2. New and uncontaminated 8 3. For manufactured surfaces 9 a. Material recommended by manufacturer 10 2.3 ACCESSORIES [NOT USED] 11 2.4 SOURCE QUALITY CONTROL [NOT USED] 12 PART 3 - EXECUTION 13 3.1 INSTALLERS [NOT USED] 14 3.2 EXAMINATION [NOT USED] 15 3.3 PREPARATION [NOT USED] 16 3.4 APPLICATION [NOT USED] 17 3.5 REPAIR / RESTORATION [NOT USED] 18 3.6 RE-INSTALLATION [NOT USED] 19 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING 23 A. General 24 1. Prevent accumulation of wastes that create hazardous conditions. 25 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 26 governing authorities. 27 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 28 storm or sanitary drains or sewers. 29 4. Dispose of degradable debris at an approved solid waste disposal site. 30 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 31 alternate manner approved by City and regulatory agencies. 32 33 34 35 36 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 6. Handle materials in a controlled manner with as few handlings as possible. 1 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 2 this project. 3 8. Remove all signs of temporary construction and activities incidental to construction 4 of required permanent Work. 5 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 6 have the cleaning completed at the expense of the Contractor. 7 10. Do not burn on-site. 8 B. Intermediate Cleaning during Construction 9 1. Keep Work areas clean so as not to hinder health, safety or convenience of 10 personnel in existing facility operations. 11 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 12 3. Confine construction debris daily in strategically located container(s): 13 a. Cover to prevent blowing by wind 14 b. Store debris away from construction or operational activities 15 c. Haul from site at a minimum of once per week 16 4. Vacuum clean interior areas when ready to receive finish painting. 17 a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 18 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 19 may become airborne or transported by flowing water during the storm. 20 C. Exterior (Site or Right of Way) Final Cleaning 21 1. Remove trash and debris containers from site. 22 a. Re-seed areas disturbed by location of trash and debris containers in accordance 23 with Section 32 92 13. 24 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 25 that may hinder or disrupt the flow of traffic along the roadway. 26 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 27 junction boxes and inlets. 28 4. If no longer required for maintenance of erosion facilities, and upon approval by 29 City, remove erosion control from site. 30 Clean signs, lights, signals, etc. 31 3.11 CLOSEOUT ACTIVITIES [NOT USED] 32 3.12 PROTECTION [NOT USED] 33 3.13 MAINTENANCE [NOT USED] 34 3.14 ATTACHMENTS [NOT USED] 35 36 37 38 39 40 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 END OF SECTION 1 2 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 3 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 SECTION 01 77 19 1 CLOSEOUT REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedure for closing out a contract 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 1. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various Items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Guarantees, Bonds and Affidavits 18 1. No application for final payment will be accepted until all guarantees, bonds, 19 certificates, licenses and affidavits required for Work or equipment as specified are 20 satisfactorily filed with the City. 21 B. Release of Liens or Claims 22 1. No application for final payment will be accepted until satisfactory evidence of 23 release of liens has been submitted to the City. 24 1.5 SUBMITTALS 25 A. Submit all required documentation to City’s Project Representative. 26 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1 1.7 CLOSEOUT SUBMITTALS [NOT USED] 2 PAT 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION [NOT USED] 6 3.3 PREPARATION [NOT USED] 7 3.4 CLOSEOUT PROCEDURE 8 A. Prior to requesting Final Inspection, submit: 9 1. Project Record Documents in accordance with Section 01 78 39 10 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 11 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 12 01 74 23. 13 C. Final Inspection 14 1. After final cleaning, provide notice to the City Project Representative that the Work 15 is completed. 16 a. The City will make an initial Final Inspection with the Contractor present. 17 b. Upon completion of this inspection, the City will notify the Contractor, in 18 writing within 10 business days, of any particulars in which this inspection 19 reveals that the Work is defective or incomplete. 20 2. Upon receiving written notice from the City, immediately undertake the Work 21 required to remedy deficiencies and complete the Work to the satisfaction of the 22 City. 23 3. Upon completion of Work associated with the items listed in the City's written 24 notice, inform the City, that the required Work has been completed. Upon receipt 25 of this notice, the City, in the presence of the Contractor, will make a subsequent 26 Final Inspection of the project. 27 4. Provide all special accessories required to place each item of equipment in full 28 operation. These special accessory items include, but are not limited to: 29 a. Specified spare parts 30 b. Adequate oil and grease as required for the first lubrication of the equipment 31 c. Initial fill up of all chemical tanks and fuel tanks 32 d. Light bulbs 33 e. Fuses 34 f. Vault keys 35 g. Handwheels 36 h. Other expendable items as required for initial start-up and operation of all 37 equipment 38 D. Notice of Project Completion 39 40 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 1. Once the City Project Representative finds the Work subsequent to Final Inspection 1 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 2 E. Supporting Documentation 3 1. Coordinate with the City Project Representative to complete the following 4 additional forms: 5 a. Final Payment Request 6 b. Statement of Contract Time 7 c. Affidavit of Payment and Release of Liens 8 d. Consent of Surety to Final Payment 9 e. Pipe Report (if required) 10 f. Contractor’s Evaluation of City 11 g. Performance Evaluation of Contractor 12 F. Letter of Final Acceptance 13 1. Upon review and acceptance of Notice of Project Completion and Supporting 14 Documentation, in accordance with General Conditions, City will issue Letter of 15 Final Acceptance and release the Final Payment Request for payment. 16 3.5 REPAIR / RESTORATION [NOT USED] 17 3.6 RE-INSTALLATION [NOT USED] 18 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 19 3.8 SYSTEM STARTUP [NOT USED] 20 3.9 ADJUSTING [NOT USED] 21 3.10 CLEANING [NOT USED] 22 3.11 CLOSEOUT ACTIVITIES [NOT USED] 23 3.12 PROTECTION [NOT USED] 24 3.13 MAINTENANCE [NOT USED] 25 3.14 ATTACHMENTS [NOT USED] 26 END OF SECTION 27 28 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 29 01 78 23 - 1 Operation and Maintenance Data Page 1 of 5 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 SECTION 01 78 23 1 OPERATION AND MAINTENANCE DATA 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Product data and related information appropriate for City's maintenance and 6 operation of products furnished under Contract 7 2. Such products may include, but are not limited to: 8 a. Traffic Controllers 9 b. Irrigation Controllers (to be operated by the City) 10 c. Butterfly Valves 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 – General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS 22 A. Schedule 23 1. Submit manuals in final form to the City within 30 calendar days of product 24 shipment to the project site. 25 1.5 SUBMITTALS 26 A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be 27 approved by the City prior to delivery. 28 1.6 INFORMATIONAL SUBMITTALS 29 A. Submittal Form 30 1. Prepare data in form of an instructional manual for use by City personnel. 31 2. Format 32 a. Size: 8 ½ inches x 11 inches 33 b. Paper 34 1) 40 pound minimum, white, for typed pages 35 2) Holes reinforced with plastic, cloth or metal 36 c. Text: Manufacturer’s printed data, or neatly typewritten 37 38 39 01 78 23 - 2 Operation and Maintenance Data Page 2 of 5 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 d. Drawings 1 1) Provide reinforced punched binder tab, bind in with text 2 2) Reduce larger drawings and fold to size of text pages. 3 e. Provide fly-leaf for each separate product, or each piece of operating 4 equipment. 5 1) Provide typed description of product, and major component parts of 6 equipment. 7 2) Provide indexed tabs. 8 f. Cover 9 1) Identify each volume with typed or printed title "OPERATING AND 10 MAINTENANCE INSTRUCTIONS". 11 2) List: 12 a) Title of Project 13 b) Identity of separate structure as applicable 14 c) Identity of general subject matter covered in the manual 15 3. Binders 16 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 17 b. When multiple binders are used, correlate the data into related consistent 18 groupings. 19 4. If available, provide an electronic form of the O&M Manual. 20 B. Manual Content 21 1. Neatly typewritten table of contents for each volume, arranged in systematic order 22 a. Contractor, name of responsible principal, address and telephone number 23 b. A list of each product required to be included, indexed to content of the volume 24 c. List, with each product: 25 1) The name, address and telephone number of the subcontractor or installer 26 2) A list of each product required to be included, indexed to content of the 27 volume 28 3) Identify area of responsibility of each 29 4) Local source of supply for parts and replacement 30 d. Identify each product by product name and other identifying symbols as set 31 forth in Contract Documents. 32 2. Product Data 33 a. Include only those sheets which are pertinent to the specific product. 34 b. Annotate each sheet to: 35 1) Clearly identify specific product or part installed 36 2) Clearly identify data applicable to installation 37 3) Delete references to inapplicable information 38 3. Drawings 39 a. Supplement product data with drawings as necessary to clearly illustrate: 40 1) Relations of component parts of equipment and systems 41 2) Control and flow diagrams 42 b. Coordinate drawings with information in Project Record Documents to assure 43 correct illustration of completed installation. 44 c. Do not use Project Record Drawings as maintenance drawings. 45 4. Written text, as required to supplement product data for the particular installation: 46 a. Organize in consistent format under separate headings for different procedures. 47 b. Provide logical sequence of instructions of each procedure. 48 01 78 23 - 3 Operation and Maintenance Data Page 3 of 5 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 5. Copy of each warranty, bond and service contract issued 1 a. Provide information sheet for City personnel giving: 2 1) Proper procedures in event of failure 3 2) Instances which might affect validity of warranties or bonds 4 C. Manual for Materials and Finishes 5 1. Submit 5 copies of complete manual in final form. 6 2. Content, for architectural products, applied materials and finishes: 7 a. Manufacturer's data, giving full information on products 8 1) Catalog number, size, composition 9 2) Color and texture designations 10 3) Information required for reordering special manufactured products 11 b. Instructions for care and maintenance 12 1) Manufacturer's recommendation for types of cleaning agents and methods 13 2) Cautions against cleaning agents and methods which are detrimental to 14 product 15 3) Recommended schedule for cleaning and maintenance 16 3. Content, for moisture protection and weather exposure products: 17 a. Manufacturer's data, giving full information on products 18 1) Applicable standards 19 2) Chemical composition 20 3) Details of installation 21 b. Instructions for inspection, maintenance and repair 22 D. Manual for Equipment and Systems 23 1. Submit 5 copies of complete manual in final form. 24 2. Content, for each unit of equipment and system, as appropriate: 25 a. Description of unit and component parts 26 1) Function, normal operating characteristics and limiting conditions 27 2) Performance curves, engineering data and tests 28 3) Complete nomenclature and commercial number of replaceable parts 29 b. Operating procedures 30 1) Start-up, break-in, routine and normal operating instructions 31 2) Regulation, control, stopping, shut-down and emergency instructions 32 3) Summer and winter operating instructions 33 4) Special operating instructions 34 c. Maintenance procedures 35 1) Routine operations 36 2) Guide to "trouble shooting" 37 3) Disassembly, repair and reassembly 38 4) Alignment, adjusting and checking 39 d. Servicing and lubrication schedule 40 1) List of lubricants required 41 e. Manufacturer's printed operating and maintenance instructions 42 f. Description of sequence of operation by control manufacturer 43 1) Predicted life of parts subject to wear 44 2) Items recommended to be stocked as spare parts 45 g. As installed control diagrams by controls manufacturer 46 h. Each contractor's coordination drawings 47 1) As installed color coded piping diagrams 48 01 78 23 - 4 Operation and Maintenance Data Page 4 of 5 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 i. Charts of valve tag numbers, with location and function of each valve 1 j. List of original manufacturer's spare parts, manufacturer's current prices, and 2 recommended quantities to be maintained in storage 3 k. Other data as required under pertinent Sections of Specifications 4 3. Content, for each electric and electronic system, as appropriate: 5 a. Description of system and component parts 6 1) Function, normal operating characteristics, and limiting conditions 7 2) Performance curves, engineering data and tests 8 3) Complete nomenclature and commercial number of replaceable parts 9 b. Circuit directories of panelboards 10 1) Electrical service 11 2) Controls 12 3) Communications 13 c. As installed color coded wiring diagrams 14 d. Operating procedures 15 1) Routine and normal operating instructions 16 2) Sequences required 17 3) Special operating instructions 18 e. Maintenance procedures 19 1) Routine operations 20 2) Guide to "trouble shooting" 21 3) Disassembly, repair and reassembly 22 4) Adjustment and checking 23 f. Manufacturer's printed operating and maintenance instructions 24 g. List of original manufacturer's spare parts, manufacturer's current prices, and 25 recommended quantities to be maintained in storage 26 h. Other data as required under pertinent Sections of Specifications 27 4. Prepare and include additional data when the need for such data becomes apparent 28 during instruction of City's personnel. 29 1.7 CLOSEOUT SUBMITTALS [NOT USED] 30 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 31 1.9 QUALITY ASSURANCE 32 A. Provide operation and maintenance data by personnel with the following criteria: 33 1. Trained and experienced in maintenance and operation of described products 34 2. Skilled as technical writer to the extent required to communicate essential data 35 3. Skilled as draftsman competent to prepare required drawings 36 37 01 78 23 - 5 Operation and Maintenance Data Page 5 of 5 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION [NOT USED] 5 END OF SECTION 6 7 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application 8 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 SECTION 01 78 39 1 PROJECT RECORD DOCUMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Work associated with the documenting the project and recording changes to project 6 documents, including: 7 a. Record Drawings 8 b. Water Meter Service Reports 9 c. Sanitary Sewer Service Reports 10 d. Large Water Meter Reports 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 – General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS 23 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 24 City’s Project Representative. 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE 29 A. Accuracy of Records 30 1. Thoroughly coordinate changes within the Record Documents, making adequate 31 and proper entries on each page of Specifications and each sheet of Drawings and 32 other Documents where such entry is required to show the change properly. 33 2. Accuracy of records shall be such that future search for items shown in the Contract 34 Documents may rely reasonably on information obtained from the approved Project 35 Record Documents. 36 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 1 information that the change has occurred. 2 4. Provide factual information regarding all aspects of the Work, both concealed and 3 visible, to enable future modification of the Work to proceed without lengthy and 4 expensive site measurement, investigation and examination. 5 1.10 STORAGE AND HANDLING 6 A. Storage and Handling Requirements 7 1. Maintain the job set of Record Documents completely protected from deterioration 8 and from loss and damage until completion of the Work and transfer of all recorded 9 data to the final Project Record Documents. 10 2. In the event of loss of recorded data, use means necessary to again secure the data 11 to the City's approval. 12 a. In such case, provide replacements to the standards originally required by the 13 Contract Documents. 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS 17 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 18 2.2 RECORD DOCUMENTS 19 A. Job set 20 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 21 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 22 B. Final Record Documents 23 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 24 the City 1 complete set of all Final Record Drawings in the Contract. 25 2.3 ACCESSORIES [NOT USED] 26 2.4 SOURCE QUALITY CONTROL [NOT USED] 27 PART 3 - EXECUTION 28 3.1 INSTALLERS [NOT USED] 29 3.2 EXAMINATION [NOT USED] 30 3.3 PREPARATION [NOT USED] 31 3.4 MAINTENANCE DOCUMENTS 32 A. Maintenance of Job Set 33 1. Immediately upon receipt of the job set, identify each of the Documents with the 34 title, "RECORD DOCUMENTS - JOB SET". 35 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 2. Preservation 1 a. Considering the Contract completion time, the probable number of occasions 2 upon which the job set must be taken out for new entries and for examination, 3 and the conditions under which these activities will be performed, devise a 4 suitable method for protecting the job set. 5 b. Do not use the job set for any purpose except entry of new data and for review 6 by the City, until start of transfer of data to final Project Record Documents. 7 c. Maintain the job set at the site of work. 8 3. Coordination with Construction Survey 9 a. At a minimum clearly mark any deviations from Contract Documents 10 associated with installation of the infrastructure. 11 4. Making entries on Drawings 12 a. Record any deviations from Contract Documents. 13 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 14 change by graphic line and note as required. 15 c. Date all entries. 16 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 17 e. In the event of overlapping changes, use different colors for the overlapping 18 changes. 19 5. Conversion of schematic layouts 20 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 21 ducts, and similar items, are shown schematically and are not intended to 22 portray precise physical layout. 23 1) Final physical arrangement is determined by the Contractor, subject to the 24 City's approval. 25 2) However, design of future modifications of the facility may require 26 accurate information as to the final physical layout of items which are 27 shown only schematically on the Drawings. 28 b. Show on the job set of Record Drawings, by dimension accurate to within 1 29 inch, the centerline of each run of items. 30 1) Final physical arrangement is determined by the Contractor, subject to the 31 City's approval. 32 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 33 ceiling plenum", "exposed", and the like). 34 3) Make all identification sufficiently descriptive that it may be related 35 reliably to the Specifications. 36 c. The City may waive the requirements for conversion of schematic layouts 37 where, in the City's judgment, conversion serves no useful purpose. However, 38 do not rely upon waivers being issued except as specifically issued in writing 39 by the City. 40 B. Final Project Record Documents 41 1. Transfer of data to Drawings 42 a. Carefully transfer change data shown on the job set of Record Drawings to the 43 corresponding final documents, coordinating the changes as required. 44 b. Clearly indicate at each affected detail and other Drawing a full description of 45 changes made during construction, and the actual location of items. 46 c. Call attention to each entry by drawing a "cloud" around the area or areas 47 affected. 48 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No.102970 Revised April 7, 2014 d. Make changes neatly, consistently and with the proper media to assure 1 longevity and clear reproduction. 2 2. Transfer of data to other Documents 3 a. If the Documents, other than Drawings, have been kept clean during progress of 4 the Work, and if entries thereon have been orderly to the approval of the City, 5 the job set of those Documents, other than Drawings, will be accepted as final 6 Record Documents. 7 b. If any such Document is not so approved by the City, secure a new copy of that 8 Document from the City at the City's usual charge for reproduction and 9 handling, and carefully transfer the change data to the new copy to the approval 10 of the City. 11 3.5 REPAIR / RESTORATION [NOT USED] 12 3.6 RE-INSTALLATION [NOT USED] 13 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 14 3.8 SYSTEM STARTUP [NOT USED] 15 3.9 ADJUSTING [NOT USED] 16 3.10 CLEANING [NOT USED] 17 3.11 CLOSEOUT ACTIVITIES [NOT USED] 18 3.12 PROTECTION [NOT USED] 19 3.13 MAINTENANCE [NOT USED] 20 3.14 ATTACHMENTS [NOT USED] 21 END OF SECTION 22 23 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application 24 02 41 13 - 1 SELECTIVE SITE DEMOLITION Page 1 of 5 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.102970 Revised December 20, 2012 SECTION 02 41 13 1 SELECTIVE SITE DEMOLITION 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Removing sidewalks and steps 6 2. Removing ADA ramps and landings 7 3. Removing driveways 8 4. Removing fences 9 5. Removing guardrail 10 6. Removing retaining walls (less than 4 feet tall) 11 7. Removing mailboxes 12 8. Removing rip rap 13 9. Removing miscellaneous concrete structures including porches and foundations 14 10. Disposal of removed materials 15 B. Deviations this from City of Fort Worth Standard Specification 16 1. None. 17 C. Related Specification Sections include, but are not necessarily limited to: 18 1. Division 0 – Bidding Requirements, Contract Forms, and Conditions of the 19 Contract 20 2. Division 1 – General Requirements 21 3. Section 31 23 23 – Borrow 22 1.2 PRICE AND PAYMENT PROCEDURES 23 A. Measurement and Payment 24 1. Measurement 25 a. Remove Sidewalk: Measure by square foot. 26 b. Remove Steps: measure by the square foot as seen in the plan view only. 27 c. Remove ADA Ramp: measure by each. 28 d. Remove Driveway: measure by the square foot by type. 29 e. Remove Fence: measure by the linear foot. 30 f. Remove Guardrail: measure by the linear foot along the face of the rail in place 31 including metal beam guard fence transitions and single guard rail terminal 32 sections from the center of end posts. 33 g. Remove Retaining Wall (less than 4 feet tall): measure by the linear foot 34 h. Remove Mailbox: measure by each. 35 i. Remove Rip Rap: measure by the square foot. 36 j. Remove Miscellaneous Concrete Structure: measure by the lump sum. 37 2. Payment 38 02 41 13 - 2 SELECTIVE SITE DEMOLITION Page 2 of 5 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.102970 Revised December 20, 2012 a. Remove Sidewalk: full compensation for saw cutting, removal, hauling, 1 disposal, tools, equipment, labor and incidentals needed to execute work. 2 Sidewalk adjacent to or attached to retaining wall (including sidewalk that acts 3 as a wall footing) shall be paid as sidewalk removal. For utility projects, this 4 Item shall be considered subsidiary to the trench and no other compensation 5 will be allowed. 6 b. Remove Steps: full compensation for saw cutting, removal, hauling, disposal, 7 tools, equipment, labor and incidentals needed to execute work. For utility 8 projects, this Item shall be considered subsidiary to the trench and no other 9 compensation will be allowed. 10 c. Remove ADA Ramp and landing: full compensation for saw cutting, removal, 11 hauling, disposal, tools, equipment, labor and incidentals needed to execute 12 work. Work includes ramp landing removal. For utility projects, this Item shall 13 be considered subsidiary to the trench and no other compensation will be 14 allowed. 15 d. Remove Driveway: full compensation for saw cutting, removal, hauling, 16 disposal, tools, equipment, labor and incidentals needed to remove improved 17 driveway by type. For utility projects, this Item shall be considered subsidiary 18 to the trench and no other compensation will be allowed. 19 e. Remove Fence: full compensation for removal, hauling, disposal, tools, 20 equipment, labor and incidentals needed to remove fence. For utility projects, 21 this Item shall be considered subsidiary to the trench and no other 22 compensation will be allowed. 23 f. Remove Guardrail: full compensation for removing materials, loading, hauling, 24 unloading, and storing or disposal; furnishing backfill material; backfilling the 25 postholes; and equipment, labor, tools, and incidentals. For utility projects, this 26 Item shall be considered subsidiary to the trench and no other compensation 27 will be allowed. 28 g. Remove Retaining Wall (less than 4 feet tall): full compensation for saw 29 cutting, removal, hauling, disposal, tools, equipment, labor and incidentals 30 needed to execute work. Sidewalk adjacent to or attached to retaining wall 31 (including sidewalk that acts as a wall footing) shall be paid as sidewalk 32 removal. For utility projects, this Item shall be considered subsidiary to the 33 trench and no other compensation will be allowed. 34 h. Remove Mailbox: full compensation for removal, hauling, disposal, tools, 35 equipment, labor and incidentals needed to execute work. For utility projects, 36 this Item shall be considered subsidiary to the trench and no other 37 compensation will be allowed. 38 i. Remove Rip Rap: full compensation for saw cutting, removal, hauling, 39 disposal, tools, equipment, labor and incidentals needed to execute work. For 40 utility projects, this Item shall be considered subsidiary to the trench and no 41 other compensation will be allowed. 42 j. Remove Miscellaneous Concrete Structure: full compensation for saw cutting, 43 removal, hauling, disposal, tools, equipment, labor and incidentals needed to 44 execute work. For utility projects, this Item shall be considered subsidiary to 45 the trench and no other compensation will be allowed. 46 1.3 REFERENCES 47 A. Definitions 48 02 41 13 - 3 SELECTIVE SITE DEMOLITION Page 3 of 5 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.102970 Revised December 20, 2012 1. Improved Driveway: Driveway constructed of concrete, asphalt paving or brick unit 1 pavers. 2 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 3 1.5 SUBMITTALS [NOT USED] 4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 PART 2 - PRODUCTS 12 2.1 OWNER-FURNISHED PRODUCTS [NOT USED] 13 2.2 MATERIALS 14 A. Fill Material: See Section 31 23 23. 15 2.3 ACCESSORIES [NOT USED] 16 2.4 SOURCE QUALITY CONTROL [NOT USED] 17 PART 3 - EXECUTION 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAMINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 REMOVAL 22 A. Remove Sidewalk 23 1. Remove sidewalk to nearest existing dummy, expansion or construction joint. 24 2. Sawcut when removing to nearest joint is not practical. See 3.4.K. 25 B. Remove Steps 26 1. Remove step to nearest existing dummy, expansion or construction joint. 27 2. Sawcut when removing to nearest joint is not practical. See 3.4.K. 28 C. Remove ADA Ramp 29 1. Sawcut existing curb and gutter and pavement prior to wheel chair ramp removal. 30 See 3.4.K. 31 2. Remove ramp to nearest existing dummy, expansion or construction joint on 32 existing sidewalk. 33 D. Remove Driveway 34 02 41 13 - 4 SELECTIVE SITE DEMOLITION Page 4 of 5 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.102970 Revised December 20, 2012 1. Sawcut existing drive, curb and gutter and pavement prior to drive removal. See 1 3.4.K. 2 2. Remove drive to nearest existing dummy, expansion or construction joint. 3 3. Sawcut when removing to nearest joint is not practical. See 3.4.K. 4 4. Remove adjacent sidewalk to nearest existing dummy, expansion or construction 5 joint on existing sidewalk. 6 E. Remove Fence 7 1. Remove all fence components above and below ground and backfill with acceptable 8 fill material. 9 2. Use caution in removing and salvaging fence materials. 10 3. Salvaged materials may be used to reconstruct fence as approved by City or as 11 shown on Drawings. 12 4. Contractor responsible for keeping animals (livestock, pets, etc.) within the fenced 13 areas during construction operation and while removing fences. 14 F. Remove Guardrail 15 1. Remove rail elements in original lengths. 16 2. Remove fittings from the posts and the metal rail and then pull the posts. 17 3. Do not mar or damage salvageable materials during removal. 18 4. Completely remove posts and any concrete surrounding the posts. 19 5. Furnish backfill material and backfill the hole with material equal in composition 20 and density to the surrounding soil unless otherwise directed. 21 6. Cut off or bend down eyebolts anchored to the dead man to an elevation at least 1-22 foot below the new subgrade elevation and leave in place along with the dead man. 23 G. Remove Retaining Wall (less than 4 feet tall) 24 1. Remove wall to nearest existing joint. 25 2. Sawcut when removing to nearest joint is not practical. See 3.4.K. 26 3. Removal includes all components of the retaining wall including footings. 27 4. Sidewalk adjacent to or attached to retaining wall: See 3.4.A 28 H. Remove Mailbox 29 1. Salvage existing materials for reuse. Mailbox materials may need to be used for 30 reconstruction. 31 I. Remove Rip Rap 32 1. Remove rip rap to nearest existing dummy, expansion or construction joint. 33 2. Sawcut when removing to nearest joint is not practical. See 3.4.K. 34 J. Remove Miscellaneous Concrete Structure 35 1. Remove portions of miscellaneous concrete structures including foundations and 36 slabs that do not interfere with proposed construction to 2 feet below the finished 37 ground line. 38 2. Cut reinforcement close to the portion of the concrete to remain in place. 39 3. Break or perforate the bottom of structures to remain to prevent the entrapment of 40 water. 41 02 41 13 - 5 SELECTIVE SITE DEMOLITION Page 5 of 5 CITY OF FORT WORTH Wtr & Swr Improvements to serve Risinger – Old Burleson Road & Opportunity Way STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.102970 Revised December 20, 2012 K. Sawcut 1 1. Sawing Equipment 2 a. Power-driven 3 b. Manufactured for the purpose of sawing pavement 4 c. In good operating condition 5 d. Shall not spall or fracture the pavement to the removal area 6 2. Sawcut perpendicular to the surface completely through existing pavement. 7 3.5 REPAIR [NOT USED] 8 3.6 RE-INSTALLATION [NOT USED] 9 3.7 SITE QUALITY CONTROL [NOT USED] 10 3.8 SYSTEM STARTUP [NOT USED] 11 3.9 ADJUSTING [NOT USED] 12 3.10 CLEANING [NOT USED] 13 3.11 CLOSEOUT ACTIVITIES [NOT USED] 14 3.12 PROTECTION [NOT USED] 15 3.13 MAINTENANCE [NOT USED] 16 3.14 ATTACHMENTS [NOT USED] 17 END OF SECTION 18 19 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.2.A.2. Modified Payment - Items will be subsidiary to trench on utility projects 20