HomeMy WebLinkAboutContract 55165-PM2PROJECT MANUAL
FOR
THE CONSTRUCTION OF
MCPHERSON BOULEVARD
(WATER AND SANITARY SEWER)
IPRC Record No. 20-0072
City Project No. 102738
FID No. 30114-0200431-102738-E07685
File No. K-2770
X File No. 26521
Betsy Price David Cooke
Mayor City Manager
Christopher P. Harder, P.E.
Director, Water Department
William Johnson
Director, Transportation and Public Works Department
Prepared for
The City of Fort Worth
NOVEMBER 2020
Peloton Land Solutions
PROF
E
SSIONAL E N G INEERLICE N S E DSTATEOFTEX
A
S
KYLE A. KATTNER
118741
CSC No. 55165-PM2
00 00 10
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 1 of 5
CITY OF FORT WORTH MCPHERSON BOULEVARD
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN102738
Revised March 20, 2020
SECTION 00 00 10
TABLE OF CONTENTS
DEVELOPER AWARDED PROJECTS
Division 00 - General Conditions Last Revised
00 11 13 Invitation to Bidders 03/20/2020
00 21 13 Instructions to Bidders 03/20/2020
00 41 00 Bid Form 04/02/2014
00 42 43 Proposal Form Unit Price 05/22/2019
00 43 13 Bid Bond 04/02/2014
00 45 11 Bidders Prequalification’s 04/02/2014
00 45 12 Prequalification Statement 09/01/2015
00 45 13 Bidder Prequalification Application 03/09/2020
00 45 26 Contractor Compliance with Workers' Compensation Law 04/02/2014
00 45 40 Minority Business Enterprise Goal 08/21/2018
00 52 43 Agreement 06/16/2016
00 61 25 Certificate of Insurance 07/01/2011
00 62 13 Performance Bond 01/31/2012
00 62 14 Payment Bond 01/31/2012
00 62 19 Maintenance Bond 01/31/2012
00 72 00 General Conditions 11/15/2017
00 73 00 Supplementary Conditions 07/01/2011
00 73 10 Standard City Conditions of the Construction Contract for Developer
Awarded Projects 01/10/2013
Division 01 - General Requirements Last Revised
01 11 00 Summary of Work 12/20/2012
01 25 00 Substitution Procedures 08/30/2013
01 31 19 Preconstruction Meeting 08/30/2013
01 31 20 Project Meetings 07/01/2011
01 32 33 Preconstruction Video 08/30/2013
01 33 00 Submittals 08/30/2013
01 35 13 Special Project Procedures 08/30/2013
01 45 23 Testing and Inspection Services 03/20/2020
01 50 00 Temporary Facilities and Controls 07/01/2011
01 55 26 Street Use Permit and Modifications to Traffic Control 07/01/2011
01 57 13 Storm Water Pollution Prevention Plan 07/01/2011
01 60 00 Product Requirements 03/20/2020
01 66 00 Product Storage and Handling Requirements 04/07/2014
01 70 00 Mobilization and Remobilization 04/07/2014
01 71 23 Construction Staking 04/07/2014
01 74 23 Cleaning 04/07/2014
01 77 19 Closeout Requirements 04/07/2014
01 78 23 Operation and Maintenance Data 04/07/2014
01 78 39 Project Record Documents 04/07/2014
00 00 10
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 2 of 5
CITY OF FORT WORTH MCPHERSON BOULEVARD
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN102738
Revised March 20, 2020
Technical Specifications listed below are included for this Project by reference and can be
viewed/downloaded from the City’s website at:
http://fortworthtexas.gov/tpw/contractors/
or
https://apps.fortworthtexas.gov/ProjectResources/
Division 02 - Existing Conditions Last Revised
02 41 13 Selective Site Demolition 12/20/2012
02 41 14 Utility Removal/Abandonment 12/20/2012
02 41 15 Paving Removal 02/02/2016
Division 03 - Concrete
03 30 00 Cast-In-Place Concrete 12/20/2012
03 34 13 Controlled Low Strength Material (CLSM)12/20/2012
03 34 16 Concrete Base Material for Trench Repair 12/20/2012
03 80 00 Modifications to Existing Concrete Structures 12/20/2012
Division 26 - Electrical
26 05 00 Common Work Results for Electrical 11/22/2013
26 05 10 Demolition for Electrical Systems 12/20/2012
26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012
26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011
26 05 50 Communications Multi-Duct Conduit 02/26/2016
Division 31 - Earthwork
31 10 00 Site Clearing 12/20/2012
31 23 16 Unclassified Excavation 01/28/2013
31 23 23 Borrow 01/28/2013
31 24 00 Embankments 01/28/2013
31 25 00 Erosion and Sediment Control 12/20/2012
31 36 00 Gabions 12/20/2012
31 37 00 Riprap 12/20/2012
Division 32 - Exterior Improvements
32 01 17 Permanent Asphalt Paving Repair 12/20/2012
32 01 18 Temporary Asphalt Paving Repair 12/20/2012
32 01 29 Concrete Paving Repair 12/20/2012
32 11 23 Flexible Base Courses 12/20/2012
32 11 29 Lime Treated Base Courses 12/20/2012
32 11 33 Cement Treated Base Courses 12/20/2012
32 11 37 Liquid Treated Soil Stabilizer 08/21/2015
32 12 16 Asphalt Paving 12/20/2012
32 12 73 Asphalt Paving Crack Sealants 12/20/2012
32 13 13 Concrete Paving 12/20/2012
32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018
32 13 73 Concrete Paving Joint Sealants 12/20/2012
32 14 16 Brick Unit Paving 12/20/2012
32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 3 of 5
CITY OF FORT WORTH MCPHERSON BOULEVARD
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN102738
Revised March 20, 2020
32 17 23 Pavement Markings 11/22/2013
32 17 25 Curb Address Painting 11/04/2013
32 31 13 Chain Fences and Gates 12/20/2012
32 31 26 Wire Fences and Gates 12/20/2012
32 31 29 Wood Fences and Gates 12/20/2012
32 32 13 Cast-in-Place Concrete Retaining Walls 06/05/2018
32 91 19 Topsoil Placement and Finishing of Parkways 12/20/2012
32 92 13 Hydro-Mulching, Seeding, and Sodding 12/20/2012
32 93 43 Trees and Shrubs 12/20/2012
Division 33 - Utilities
33 01 30 Sewer and Manhole Testing 12/20/2012
33 01 31 Closed Circuit Television (CCTV) Inspection 03/03/2016
33 03 10 Bypass Pumping of Existing Sewer Systems 12/20/2012
33 04 10 Joint Bonding and Electrical Isolation 12/20/2012
33 04 11 Corrosion Control Test Stations 12/20/2012
33 04 12 Magnesium Anode Cathodic Protection System 12/20/2012
33 04 30 Temporary Water Services 07/01/2011
33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013
33 04 50 Cleaning of Sewer Mains 12/20/2012
33 05 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016
33 05 12 Water Line Lowering 12/20/2012
33 05 13 Frame, Cover and Grade Rings – Cast Iron 01/22/2016
33 05 13.10 Frame, Cover and Grade Rings – Composite 01/22/2016
33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to
Grade 12/20/2012
33 05 16 Concrete Water Vaults 12/20/2012
33 05 17 Concrete Collars 12/20/2012
33 05 20 Auger Boring 12/20/2012
33 05 21 Tunnel Liner Plate 12/20/2012
33 05 22 Steel Casing Pipe 12/20/2012
33 05 23 Hand Tunneling 12/20/2012
33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 06/19/2013
33 05 26 Utility Markers/Locators 12/20/2012
33 05 30 Location of Existing Utilities 12/20/2012
33 11 05 Bolts, Nuts, and Gaskets 12/20/2012
33 11 10 Ductile Iron Pipe 12/20/2012
33 11 11 Ductile Iron Fittings 12/20/2012
33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018
33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 12/20/2012
33 11 14 Buried Steel Pipe and Fittings 12/20/2012
33 12 10 Water Services 1-inch to 2-inch 02/14/2017
33 12 11 Large Water Meters 12/20/2012
33 12 20 Resilient Seated Gate Valve 12/20/2012
33 12 21 AWWA Rubber-Seated Butterfly Valves 12/20/2012
33 12 25 Connection to Existing Water Mains 02/06/2013
33 12 30 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012
33 12 40 Fire Hydrants 01/03/2014
33 12 50 Water Sample Stations 12/20/2012
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 4 of 5
CITY OF FORT WORTH MCPHERSON BOULEVARD
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN102738
Revised March 20, 2020
33 12 60 Standard Blow-off Valve Assembly 06/19/2013
33 31 12 Cured in Place Pipe (CIPP)12/20/2012
33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012
33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 12/20/2012
33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013
33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer
Pipe 12/20/2012
33 31 22 Sanitary Sewer Slip Lining 12/20/2012
33 31 23 Sanitary Sewer Pipe Enlargement 12/20/2012
33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013
33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012
33 39 10 Cast-in-Place Concrete Manholes 12/20/2012
33 39 20 Precast Concrete Manholes 12/20/2012
33 39 30 Fiberglass Manholes 12/20/2012
33 39 40 Wastewater Access Chamber (WAC)12/20/2012
33 39 60 Epoxy Liners for Sanitary Sewer Structures 12/20/2012
33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011
33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 12/20/2012
33 41 12 Reinforced Polyethlene (SRPE) Pipe 11/13/2015
33 46 00 Subdrainage 12/20/2012
33 46 01 Slotted Storm Drains 07/01/2011
33 46 02 Trench Drains 07/01/2011
33 49 10 Cast-in-Place Manholes and Junction Boxes 12/20/2012
33 49 20 Curb and Drop Inlets 12/20/2012
33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011
Division 34 - Transportation
34 41 10 Traffic Signals 10/12/2015
34 41 10.01 Attachment A – Controller Cabinet 12/18/2015
34 41 10.02 Attachment B – Controller Specification 02/2012
34 41 10.03 Attachment C – Software Specification 01/2012
34 41 11 Temporary Traffic Signals 11/22/2013
34 41 13 Removing Traffic Signals 12/20/2012
34 41 15 Rectangular Rapid Flashing Beacon 11/22/2013
34 41 16 Pedestrian Hybrid Signal 11/22/2013
34 41 20 Roadway Illumination Assemblies 12/20/2012
34 41 20.01 Arterial LED Roadway Luminaires 06/15/2015
34 41 20.02 Freeway LED Roadway Luminaires 06/15/2015
34 41 20.03 Residential LED Roadway Luminaires 06/15/2015
34 41 30 Aluminum Signs 11/12/2013
34 41 50 Single-Mode Fiber Optic Cable 02/26/2016
34 71 13 Traffic Control 11/22/2013
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 5 of 5
CITY OF FORT WORTH MCPHERSON BOULEVARD
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN102738
Revised March 20, 2020
Appendix
GC-4.01 Availability of Lands
GC-4.02 Subsurface and Physical Conditions
GC-4.04 Underground Facilities
GC-4.06 Hazardous Environmental Condition at Site
GC-6.06.D Minority and Women Owned Business Enterprise Compliance
GC-6.07 Wage Rates
GC-6.09 Permits and Utilities
GC-6.24 Nondiscrimination
GR-01 60 00 Product Requirements
END OF SECTION
00 42 43_Proposal (W)
DAP - BID PROPOSAL
Page 1 of 1
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version April 2, 2014 00 42 43_Proposal Form.xls
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item
No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Bid Value
UNIT I: WATER IMPROVEMENTS
1 3312.0106 Connection to Existing 16" Water Main 33 12 25 EA 1 $3,675.00 $3,675.00
2 3311.0441 12" Water Pipe 33 11 10, 33
11 12
LF 1544 $52.00 $80,288.00
3 3311.0442 12" Water Pipe, CSS Backfill 33 11 10, 33
11 12
LF 20 $120.00 $2,400.00
4 3311.0241 8" Water Pipe 33 11 12 LF 140 $39.00 $5,460.00
5 3311.0262 8" PVC Water Pipe, CSS Backfill 33 11 12 LF 60 $87.00 $5,220.00
6 3312.3005 12" Gate Valve 33 12 20 EA 6 $2,800.00 $16,800.00
7 3312.3003 8" Gate Valve 33 12 20 EA 4 $1,525.00 $6,100.00
8 0241.1118 4"-12" Pressure Plug 02 41 14 EA 7 $475.00 $3,325.00
9 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 1.6 $11,750.00 $18,800.00
TOTAL UNIT I: WATER IMPROVEMENTS $142,068.00
UNIT II: SANITARY SEWER IMPROVEMENTS
10 4' Manhole 33 39 20 EA 15 $4,000.00 $60,000.00
11 4' Drop Manhole 33 39 10, 33
39 20
EA 1 $6,500.00 $6,500.00
12 6" Sewer Pipe 33 11 10, 33
31 12, 33 31
20
LF 38 $44.00 $1,672.00
13 8" Sewer Pipe 33 31 20 LF 1518 $45.00 $68,310.00
14 8" DIP Sewer Pipe 33 11 10 LF 241 $101.00 $24,341.00
15 8" Sewer Pipe, CSS Backfill 33 31 20 LF 328 $62.00 $20,336.00
16 20" Casing By Open Cut 33 05 22 LF 35 $175.00 $6,125.00
17 Post-CCTV Inspection 33 01 31 LF 2125 $2.00 $4,250.00
18 Manhole Vacuum Testing 33 01 30 EA 16 $600.00 $9,600.00
19 Trench Water Stops 33 05 15 EA 7 $400.00 $2,800.00
20 Epoxy Manhole Liner 33 39 60 VF 35 $465.00 $16,275.00
21 4' Extra Depth Manhole 33 39 10, 33
39 20
VF 71 $285.00 $20,235.00
TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $240,444.00
Bid Summary
UNIT I: WATER IMPROVEMENTS $142,068.00
UNIT II: SANITARY SEWER IMPROVEMENTS $240,444.00
Total Construction Bid $382,512.00
Contractor agrees to complete WORK for FINAL ACCEPTANCE within working days after the date when the
CONTRACT commences to run as provided in the General Conditions.
END OF SECTION
10/13/20
120
00 45 I?
DAI' PREQUALIFICAT1pN STATE��IEN"f
Pa��e 1 of !
sFCTrorr oo a.s �2
DAP — PREQUALIFICATION STATEMENT
Eacta B�dder is required to complete the fnformation below by ide�ztifyi«g the prequalified contractors
and/or subconiractors w3�om they i��tend to utilize for the major work type(s) listed. In the "Major Work
T e" boY ro�ide the com lete rna'or work e and actual descri tion as rovided b the Water
Department for rvater and sewer and TPW for pavin�
Major Wark Type ContractorlSubcontractor Company Na�z�e Frequalification
Ex iration Date
Wastewater Oper� Cut (15" and 7R1 DAL LIMITED
under) 413 012 0 2 1
Water Ope�� Cut (12" and under} TRI DAL LIMITED 4/30/2021
The undersigned hereby certifies that the contractors andlor subcontractors described in the table above
are currently prequalif ed t�or the work types listed.
BIDDER:
Tri-Dal LLC
544 Con�►merce St.
Southlake, Tx 76092
�y_ Scott Langham
��; �
( �gnature)
TITLE: Project Manager
DATE: November O5, 2020
END OF SECTION
CITY OF FORT WORTH
STAN�ARD CONSTRUCTION PRE4UALIFICATION STATEMENT— �EVELOPER AWARPED PROlECTS 00 45 12_Prequalificat�on Statement 2015_OAP.docx
Farm Versian Septem6er 1, 2015
004526-1
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page 1 of 1
1
2
SECTfON DU 45 26
CONTRAC�'Oft COMPLIANCE WITH WORKER'S COMPENSATfON LAW
3 Pursuant to Texas Labor Code Section 406.D96(a), as amended, Contractor certifies that it
4 provides worker's cornpensation insurance coverage for all of its employees em�9oyed on City
5 Project No. 102738. Contractor further certifies that, pursuant to Texas Labor Code, Section
6 406.Q96(b), as amended, it will provide to City its subcontractor's certificates af com}aliance with
7 worker's compensation coverage.
8 CONTRACTOR:
9
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I3
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18
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£ND OF SECTION
CITY OF FORT WORTH
S7ANDARD CON5TRUCTION SPECIFfCATION �OCIJMENTS
Revised April 2, 201A
Tri Dal Utilities LLC
Company
540 Commerce
Address
Southlake, Texas 76Q9Z
City/5tate/Zip
THE STATE OF TEXAS §
COUNTY OF TARRANT §
gy: 5cott Langharn
( lease Printj
Signature: � ''�'�; _ ;,' ��
rf /`
1"itle: Project Manager
(Please Printj
BEFORE ME, the undersigned autharity, on this day persanally appeared
Scott Langharn , knawn to me to be the person whose name is
subscribed to the foregoing instrument, and acknawledged to me that he/she execu#ed the
same as the act and deed af Tri Dal Utilities LLC for the purposes and
consideration therein expressed and in the capacity therein stated.
GlVEN UNDER MY HAND ANQ SEAL OF OFFIC� this 5th day of
Na�emeber , 2p2p.
Notary Public in and for e te of Texas
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MCPHFRSON BdULFVARD
CPN 102738
005243-1
Developer Awarded Projett Agreement
Page 2 of 5
[!
SECTION OU 52 43
2 AGREEMENT
3 THIS AGREEMENi, authorized on 1�ov�mber 13, 2020 is made by and between the
4 Developer, McPherson Haldir�gs LLC., authorized to do business in Texas ("Developer") , and Tri
5 Dal Utilities LLC., authorized to do business in Texas, acting by and through its duly authorized
6 repre�entati�e, ("Cantractor").
7 De�elop�r and Contractor, in consideratian af the mutual co�enants hereinafter set farth, agree
8 as follows:
R Article 1. WORK
10 Contractar shail com�lete all Work as specified or indicated in the Contract Documen�s for the
t t Project identified herein.
12 Article 2. PROJECT
13 The project for which the Work under the Contrac� Documents may be tE�e whole or only a part
1� is generally described as fol[ows:
15 MCPNERSON BOULEVARD
lb CPN 102738
17 Article 3. C�NTRACT'iIM�
1 S 3.1 Time is af the essence.
19 All tirr�e Iimits for Milestones, if any, and Final Acceptance as stated in the Contract
20 Documents are of the essence to this Cantract.
21 3.2 Fina! Acceptance,
22 The Work will be complete far Final Acceptance within 12Q cafendar days after the c{ate
23 when the Contract 7ime commences to run as �rQ�ided in Paragraph �.2.OA ofi the
24 5tandard City Conditions of the Construction Contract for Devefoper Awarded Projects.
25 3.3 Liquidated damages
26 Contractor recognizes that time is of the essence of this Agreement and that De�eloper
27 will suffer financial loss if the Work is not compfeted within the times specified in
28 Paragraph 3.2 above, plUs any extension thereof allowed in accordance with Article 10
29 of the Standard City Conditions of the Construction Contract for Developer Awarded
30 Projects. The Cantractor al�o recognizes the delays, expense and difficulties in�o[ved in
CITY OF FORF WORTH MCPN�RSOIV BOULEVARD
STANDARD CONSTRUCTION SPEC[FICA710N DOCUMENTS— bEVELOPER AWARDEa PROJECTS CPN 102738
Revised June 16, 2015
00524�-2
Developer Awa€ded Project Agreement
Page 2 of 5
31 proving in a legal proceeding the actcaal lass suffered by the De�efoper if the Work is not
32 carripleted on time. Accardingly, instead af requiring any such proof, Contractor agrees
33 tF�at as liq�aidated damages far delay (but not as a penalty), Contractor shal[ pay
34 ��vefoper zero Dollars ($0.00) for each day that expires after the time specified in
35 Paragraph 3.2 for Final Acceptance until the City issues the Final Letter af Acceptance.
36 Articie 4. CONTRACT PRICE
37 beveloper agrees to pay Contractor for performance of the Work in accordance with the
38 Contract pocUments an amount in eurrent funds of three hundred eighty-two thousand, five
39 hundred twe[ve Dallars ($38Z,512j.
40 Article 5. CONiRACY DOCIfM�NTS
41 5.1 CONTENTS:
�2 A. The Contract Docum�nts which camprise the enfire agreement �etween be�eloper
43 and Contractor concerning the Work consist of the following:
44 1. This Agreement.
45 2. Attachmertts io t�is Agreement:
A6 a. Bid Form (As provided by Developer)
47 1) Proposal Form (DAP Versionj
48 2) Prequalification Statement
49 3J State and Federal documents (projecCspecificj
54 b. Insurance ACORD Form(s)
5I t. Payment Bond (I3AP Version)
52 d. Performance Band (bAP VersionJ
53 e. Maintenance Bond {I]AP Version)
54 f. Power of Attarney far th� Bands
55 g. Worker's Compensation Affida�it
5G h. MBE and/orSSE Cammifinent Form (If required)
57 �. Standard City Genera[ Conditions of the Construction Contract for Developer
58 Awarded Projects.
59 4. Su�aplementary Conditions.
CITY OF FQRT WORTH MCPNE1iSON 801JZFVARD
STANbARD CONSTRUCT[ON SPECiF[CATION �OCUMENTS— DEVELOPERAWARDED PROJECTS CPN 7.02738
Re�ised lune 16, 201fi
Od5243-3
Developer Awarded Project Agreement
Page 3 of 5
60 5. Spet6fications specifically made a par� of the Contract Documents by attachment
bl �r, if not attached, as incorparated by reference and described in the iable of
62 Contents of the Praject's Contract bocuments,
63 6. Drawings.
64
65
66
67
68
69
7a
71
72
73
74
75
7b
77
78
79
so
81
82
83
84
85
86
87
88
89
90
91
92
93
94
7. Addenda.
8. Docum�n#ation submitted by Contractor prior to Notice of Award.
9. The following which may be deli�ered or issued after the �ffective Date of the
Agreement and, if issued, became an incorporated part o� the Gorttract
Documents:
a. E�otice to Proceed.
b. Field Orders.
c. Change orders.
d. Letter af Final Acceptance.
Ar#icle 6. INbEMIVI�ICATIOM1!
6.1. Conira�ior co�enants and agrees to indemnify, hald harmless and defend, at its own
expense, the city, its officers, ser�ants and employees, from and against any and all
cEaims arising out of, or alleged to arise ou# of, the wark and services to he performed by
tE�e contractar, its officers, agents, em�Eayees, subcontractors, licenses or invitees under
this contract. This indemnification pro�ision is specificallv intencfed to operate and be
effecti�e even if it is alle�ed or pro�en that a[I or some of the dama�es bein� sou�ht
were caused, in whole or in part, hv an� act, omission or ne�li�ence of the city. This
incfemniiy pro�ision is intended to include, withaut limitation, indemnity for costs,
expenses and [egal fees incurred by tE�e city in defending against such claims and causes
of actions.
6.2 Cantractar co�enanfs and agrees to indemnify and hold harmfess, at its own expense,
the city, its officers, servants and emplayees, from arsd agains# any and ail lass, damage
or d�siruction of property of the city, arising nut of, or alleged to arise ❑ut of, the worEc
and ser�ices io be perforrned by the cantractar, its officers, agents, employees,
subcontractors, [icensees or invitees under this contract. This indemnification provision
is specificaliy intended to operate and be effecti�e even if it is alle�ed or pro�en that al!
or same af #he dama�es bein� sou�ht werQ causeci, in whole or in part, hv an� act,
omission or ne�li�ence of the citv.
CITY OF FORT WORTH MCPNERSON BdULfVARD
SiANDAR� CONSiRUCTION SPECIFICATIpN �OCUMEf�TS — pEVEI.�PER AWARDED PROJECTS CPN 102738
Revised lune 1b, 2016
005243-4
Developer Awarded Project Agreement
Page 4 of 5
95 Article i. MISC��.LAI��QUS
9b 7.1 Terms.
97 ierms used in this Agreement are defined in Article 1 af the Standard City Conditions of
98 the Cons�ruction Cantract for Develaper Awarded Projects.
99 7.2 Assignment of Cantract.
104 This Agre�ment, including all nf �he Cantract Documents may not be assigned by the
1�1 Contra�tor withaut the ad�anced express written cansent of the Developer.
102 7.3 5uccessors and Assigns.
103 Developer and Cantractar each binds itself, its partners, successors, assigns and legal
104 representatives to the other party hereto, in respect to all covenants, agreements and
145 obEigations can�ained in the Contract Documents.
I06 7.4 Se�erability.
107
108
109
110
�
112
113
114
115
Any pro�ision or part of the Contract Documents h�ld to be uncons�itutionai, void or
unenforceable by a caUrt of campetent jurisdiction shall be deemed stricken, and all
remaining pro�isions shall cantinue to be valid and 6inding upon I3EV�LOAER and
CONTRACTOR.
7.5 Governir�g Law and Venue.
This Agreement, incfuding afl af the Contract Documents is perFormable in the State of
Texas. Venue shall be Tarrant County, Texas, or the United Siates District Court for the
l�orthern Dis�rict af Texas, Fort Warth Division.
116 7.6 Authority to 5ign.
117 Contractor shall attach evidence of authority to sign Agreement, if other than duly
118 authorized signatary of the Cantrac�or.
�
120 IN WITNESS WN�REOF, De�eloper and Contractor have executed this Agreement in multip[e
121 counterparts.
122
123 This Agreement is effecti�e as of the last date signed by �he Parties ("Effective Date"j.
Ci7Y QF FOft7 WORTH MCPNFRSON 80ULEVARD
STANQARD CONSiRUCTION 5PECIFICATIO�f QOCUMENTS — 6EVELOPER AWARDE� PROlECTS CPN 102738
Revised June 16, 2016
065243-5
�eveioper Awarded Project Agreement
Page 5 of 5
124
125
Contractor:
Tri Dal Utilities LLC
By: �
.(.�---»�
(Signature)
Jason �iermeier
(Printed Name)
Title:
V.P. of Operatians
Corrtpany Name: Tri Dal iJtilities LLC
Address: �40 Commerce
City/State/�ip:Southlake, T�xas 76092
f/3�d�
Uate
Developer:
McPherson Haldings, LLC
By: � 11�
(Signature)
��f �'%u-eo�-/
(Printed Namej
Titfe:
�����
Company name: McPherson Holdings LLC
Address: �J� IStJk 9 Z "`
City/State/Zip: fu�/4 j�r � 7��Z
��Ta/ �c� __
Date
CiTY OF fORT WORTH
STANDARD CONSTRUC710N SPECIFICATiOt� �OCUMENTS— DEVELOPER AWARDED PROJECTS
Re�ised June 16, 201fi
MCPNERSON BOULEVARO
CPN 102738
< .
oaszis-a
PERFORMANCE BpND
Page 1 of 3
Bond # �.07329646
�
i�
3
4
5
6
TH� STATE OF T�XAS
COUNTY OF iARRANT
§
§
SECTION QO 6213
AERE�RMANCE BOND
§ KNOW ALL BY THESE PRESENTS:
7 '�hat we, Tri Dal Utilities Ltd. known as
8 "Principaf" herein and 7ra�elers Casualty and_5urety_Company of_America____, a corparate
9 suretyjs�reties, if more than one) duly authorized to da business in the State of Texas, knownas
10 "Surety" herein (whether one pr morej, are held and firmly bo�nd unto the C}eveioper,
11 (MCPHERSOiV HOLD[NGS LLCjr authorized to do business in Texas ("Developer") and Che Cityof
12 Fort WortE�, a Texas rnunicipal corporation ("City"), in the pena! sum off three hundred eigi�ty-
13 two thausand, five hundred twe[ve Dollars ($382,512.00j, lawrfui money �f the United States,to
14
�S
16
17
18
19
20
2 �.
22
Z3
24
be paid in Fort Worth, �arrant County, Texas for the payment of which surn weil and truly ta be
rnade jointly unto the �evekoper and the City a5 dua! obliges, we bind ourselves, aur heirs,
exec�tors, administrators, successors and assig�ts, jointly and severally, firmly by thes�presenis.
Wl�ERERS, Developer artd City ha�e enterec� i�to an Agreement for the cor�struction o�
cor�munity facilities �n the City af �ort Warth by and throc�gh a Community Facilities Agreernent,
CFA Number 20-00$�; and
WWEREAS, the Principal has entered inta a certain written contraet with the Deve[op�rawarded
the 13th day of Navember , 2€}2fl, which Cantract is E�ereby referred to and made a
part hereof fa�' all �urpases as i# ful[y set forth herein, to furnish all materia{s, eqtaipmentlabor
ancl ather accessories defined by law, in the prosecution of the Work, including anyChange
Orders, as provided far in said Cantract des[gnated as MCPHERSON BOEtL�VARD.
z5 NOW, �'HER�FORE, the condition of this obligation is such that if the said �rincipaEshalE
26 fai�hfully perform it abligatians under t�e Contract and sha[l in ali respects rluly and faithfukly
27 per#orm the Work, including Ci�ange 4rders, u�der the Contract, aceordi�g to the plans,
28 specifications, and contrac# docurr�ents therein referred to, and as well during any period of
CITY pF FE]RT WORiH
STAf�DARD CITY CONDIilaNS — DfVEf.OPER AWARDED PftO1ECT5
Revised 3an�ary 31, 2422
AIiCPHEki50N BOLILEVAR�
CPN 102738
s •
oo6z��-z
PERFORMANCE BQN6
Page2of3
1 extension of xhe Contract that ma� be granteck on the part af the peveloper and/or City, then
2 this obligation shall be and become nufl and void, otherwise to remain in full force and effect.
3 PROVID£D FURTHER, tha# if any legal attion be filed on this 8ond, venue sF�alf lie in
4 7arrant County, Texas or the United States District Caurt for the Northern District of �exas, Fori
5 Worth �ivtsion.
6 �his bond is rnade and exeeuted in corr�piiar�ce wi�h the prouisior�s of Chapter z253 af
7 the Texas Government Code, as amended, and a!I liabilities on this bor�d shaEl be determined in
8 accc�rdance vuith the provis�ons of sa�c� statue.
9 IN WITN£SS WHEREOF, the Prirt�ipal antf �he Surety have SIGN�b and 5EALED this
10 instrument by duly authorized agents and officers nn this the 13th day of No�ember,
11 2020.
12
AiTESi:
�� Q
(�rincipa�) Secretary
r� ` �� �
Wi#ness as #o � ncip
��off �.4�� �.4-�vl
CITY QF FDRT 1NORTH
STANbARD CiTY COhf�1TION5—DEVE�OPER AWA3iDED PROJECTS
Re�ised 3anuary 31, 20] 2
PRiNCi
Tri �al
BY'
Jason Bie �ier, Vice Presiden�
Name and Title
Address: S40 Commerce Street
Souti�lake, TX 76092
MCPHER50N B�t3�fVARD
tPN 102738
006213-3
PERFORMAfVCE BOt1D
Page 3 of 3
ATTEST:
n/a
[Surety) Secretary
.
Witn ss as to S�arety, Melissa Lesch
SUR�iY:
iravelers CasuaEty and S�rety Company
of America
BY: - ,�� .�N(T �'���, .� .
5ignature ;a' �' ��t�,`
� f
�� r+ ..
�,_ � �` r �: �� �;.
Eric Lesch, Atto�ney-in-Fact ; ;� : �. �� ' � : �
Name and Title � _._�.-_:—p,y� j�D � �
4ry � . . .. ' �a `�`
� l�ar�s�`
Address: One �ower 5quare
Fiartford, CT 061�3
Tefephone Number: (860) 277-0111
2 Nate_ if signed by an offices- af the Surety, there must #�e on file a certified ex#ract frvm t��
3 bylaws showin� tha# this person has authority to sig�t such obligatian. If Surety's physica�
4 address is different fram its mailing acfcfress, 6oth m�st f�e pra�iderf.
E The date o� th� b�nd sh�Jl no# be par;or to the date the Contr�ct is av�rarcled.
7 EN� QF SECt'IQN
ClTY QF FORT WORTH MCPMERSON BOULEVARD
STANDARD CITY CON DITIONS — QEVEI.pPER AWARDFD PROJEGTS CPN 102738
Revised January 31, 2012
006214-1
PAYMEN7 BOND
Page 1 of 3
Bond # 10i329646
�
2
3
4
S
6
7
8
9
10
11
12
13
3.4
15
16
17
18
19
20
23.
22
23
24
25
26
s�erioN oa s21�
PAYMEi�T �ON€]
TH� STAiE OF TEXAS
GOUNiY OF TRRRANT
§
§
§
KNOW ALL BY 3FiE5E PRES�IVTS:
That we, Tri Daf Utilities �.td. known as
"Principal" herein, and Trave�ers CasualtY and Surety Com�anv of America
-••-=�
carporate surety ( or sureties if mare than anej, duEy authorized to do business in the State af
Texas, known as "Surety" �erein (whether o�e or rnore), are held and firm�y bound unto th�
Develaper, MGPHERSON HOLDINGS LLC, authorized ta do business in Texas "(De�eloper"}, and
the City of Fort Worth, a Texas municipal carporation ("City"), in the penal sum ofthree
hundred eighty-twa thousand, five hundred twelve Dollars ($382,51.2.00j, !aw#ul money of the
U�ited 5tates, ta be paid in Fart Worth, Ta�rant County, Texas, for the payment of which s�m
vdell and tru[y be made jointly unto the Devef�per and the City as dual ablig�s, we bind
aurselves, our heirs, executors, administrators, successars and assigns, jaintly and se�erally,
firrr�ly by these presents:
WN�REAS, �eveloper and City hav� entered inta an Agreement #or the canstruction of
comrr�unity faGilities in the City of Fort Worth, by and through a Commurtity Facilities
Agree�ment, CFA Num�er 20-OD85; and
�IiHEftEAS, Principal has entered inta a certain written Co�tract wi#h be�el�per,
awarded the 13th day of �lo�ernher , 2020, which Contraci is hereby
referred to and made a part hereof far all purposes as if fuily se� forth herein, to furnish a!!
materials, equipment, labor and other aceessories as defiRed �y law, in the prosecution of �he
Work as pro�ided for in said Cantract a�d designated as MCPI�ERSON BOUlEVARp.
NOW, THEREFORE, THE CONDI��ON O� THIS OBLIGATk03V is such that if Principai shall
27 pay all monies owing to any (and aE!) payment bond b�nef9ciary (as defiined in Chapter 2253 of
2S the Texas Government Code, as amended) in the prosecution of the Work under the Contract,
CITY �F FORT WORTH
SFANDAR�CETYCONDETlDt3S—DEVEI.OPERAWAR�ED PROfECTS
Revisedlanuary 31, 2012
tV�CPFfEFt50N eOUCEVARO
CPNTtl1738
0062i.4-2
PAYMENi BONb
Page 2 of 3
1 then this cbligation shail !�e and becorr�e null arsd void; a#F�erwise to rer-nain in full farce and
2 effect.
3 This bond is made and executed in campliance with the pro�isions of Chapter 2253 af
4 the Texas Government Gode, as amended, and aN liabifities on th�s bond shail be deterrnined in
5 aecordance with the provisions of said stat�te.
6 IN WITNE55 WHEREO�, the Principak and 5urety fi�ave each SIGfVfti and SEAL�Q ihis
7 instrument by tfuly authorized agents and vfficers on this the 13th
8 Nove_m_ber.2020.
9
PRINCIP
Tri Daf L
ATTEST:
BY:
5isi�atu
(Principal) Secretary
� � `
Witness as t P in�' aE
�cc't[ ��J�tJcj���
J
QTY OF FORT WORTF!
57ANpARp CITY CDN�ITIONS— DEVELOPER ANlARDE� PR01EC75
Revised January 31, 2Q12
iason 3aerr�i�r, Vite President
E�ame and �it e
Address: 54a Commerce Street
Southlake, TX 76D92
MCPHERSON B�ULEVARD
CPM 102738
oofizza-3
PAYMENTBON�
Page 3 Qf 3
ATTEST:
n/a
(S�reryy Secretary
Witn ss as to Surety, Melissa Lesch
1
SURETY:
Travelers Casualty and 5urety Company
�f America
�� �`'�w �:,.
BY: - ,-.�, �.. �f
� �
5igt�ature • �i/,��y �,
+`r �,c �"y'� �� � .�
Er►c tesch, Attorney-i�-Fact .�, '. � �l . �
iVame and Titie �,�� . . .... •°� ��
�' � .; � d _5 Y�'
Address: Dne Tower 5c{uare
Hartford. C7 06183
Teiephone �lumber: (850j 277-01�.1
� Note: I� signed by an afficer of #he Surety, ihere rnust be on file a certified extract #rarn the
3
4
5
b
7
8
bylaws showing that this person has authority to sign such obligation. 1f Surety's physical
address is c4ifferent from its mailing addr�ss, both rnust be provided.
The date nf �he bond shall not i�e prior to the date the Cantrac# is awarded.
END QF SECTIQ�N
CITY Of FORT WdRTH NkCPHERSON BOULEVARR
STANaARD CITY COND[TIO{VS— DEVELOPER AWARDED PROJrcCTS CAN10173$
Revised January 31, 2012
006213-1
N€AENi'ENANCE BOND
Page 1 of 4
Bond # 10i32964-6
�
2
3
4
5
6
7
8
E
10
iHE STATE OF TEXAS
§
s�cT�on� oa �z is
MAIN"fENA�iCE BON�
§ K�iOW A�.I. BY TF3�S� PRESEN35:
COIJIViY O� TARRAI�i §
That we Tri Dal Utilities Ltd. known as
"Principal" herein and Tra�elers Casualty and Suretv Corn�aanv af Arnerica , a cnrparate surety
�sureties, if more than one} d�ly authorized to do business in the State af Texas, known as
,•5urety„ i�erein (whether ane ar mare), are heid and firmiy bound untn �he �e��lop�r,
1�. MCPHERSO�V W4i.DINGS LLC, authorized tn da business in Texas ("Develaper"} and the Cityof
�,� Fort Worth, a Texas municipal corpora�ion ("City"}, in the sum of three hundred eighty-two
13 thousand, fi�e hur�dred twel�e Dollars ($382,5�.2A0), lawful money af the United States, to be
14 paid in Fort Worth, Tarrant Caunty, i"exas, for payrnent of which sum welf ancf truly be rnade
15 jaintly unto the De�eloper and the City as duaf obliges and their successors, we bir�cf ou�-selves,
16 our heirs, executors, adttiinistra#ors, successors and assigns, jointly and s�veraily, firmly by thesa
17 presents. �
18
19 WMEREAS, peveloper and City have entered into an Agr��rnent for #he canstrt�ction of
20 comrnunity #acilities in the City of Fort Worth by and through a Community Facifities Agreement,
21 CFA Number 20-DC?85; ancf
22
23
24
25
26
�7
28
WHEREAS, #he Princ�paE has entered into a certain written contract with the E7eveloper
award�d the 13th day of Noverr�ber , 2020, which Contract is herehy
referrecf to and a mad� part her�of for al[ purposes as if fully set forth herein, to furnish all
materials, eq�aiprrtent labar and other aecessories as defined by iaw, in the prosecution ofthe
Work, including any Work resul#ing from a duly authorized Change Order (collectivelyherein,
the "Work"j as provicEed for in said Contract and designated as MCPH�#�50N BOI�LEVARD; and
CITY dF FORT WOR7H
5TANDARp CETY CONDITIQNS — DEVE�OPER AWARQED PRO1�C75
Revised lanuary 31, 2012
MCPHEiiSON BOUf.EVARQ
CPN 102738
00 6z �9 - z
PI�AWTENANCE BOND
Page 2 of 4
1 WH�€2�AS, Principal binds itself to use suct� mat�riais and to sa construct the Wor;cin
2 accordance with ti�e plans, specificatians and Contract �ocuments that the Work is and wi[1
3 remain free from c�efects in ma#erials or workmanship �or and tfuring the period of twa (2#years
4 after the tEate of Final Acceptance of the Work by the City ("Mainter�ance Periad"); and
5
6 WH�R�AS, Principa[ �i�cis its�if �o repair or reconstruct �he Work in whole or i� partupon
7 recei►�ing �otice from the f?eveloper and/ar City of the need thereof a� any time within the
8 Maintenance Period.
�
10 NOW THER��OR�, the candition af this obligatiQn is such that if Principal shall remedy
11 any defective Work, fot� w�tic�t timefy notice was provided by �e�eloper or City, to a completion
12 satis#actory to the City, then this ohligatior� sha[1 became null and v�itf; otherwise to remain in
13 fufl force and effect.
14
ss PROVID�D, HOWEV�R, if Prineipa! shalE fail sa to repair or reconstruct any tirnely
15 noticed defecti�e Work, it is agreed that t�e QeveEaper or City may cause any ancl all such
17 defective Work to �e repaired and/or recon5tructed with ali associated costs thereof being
18 borne by �he Arincipal and the Surety under this Maintenance Bond; ar�d
19
2o PRDVI�ED FURTHEii, that if any legal action be filed on thfs Bond, venu� shall li� in
21 7arrant County, Texas or the United 5tates �istrict Co�rt for the Northern District of �exas, Fort
?2, Worth Division; and
23
z4 PROVIDED FURTHER, that this ok�ligation shall be continuous �n nature and successive
25 recoveries may be had #�ereon for successive breac#�es,
Ci'fY OF FORT WOR'fH MCPHER50N BO€JLEVARD
STANDARD CITY CONdI'iIONS -- D�VEf.QPER AWAftDED PR03ECT5 CPN 10273$
Re�ised January 31, 2012
OOfi219-3
MAfNifNANCE BDND
Page 3 of 4
1 IN WI7NES5 WH�REOF, the Prin�ipal and the Surety ha�e each 51GNED and SEALE�this
2 instrurt�ent by duly autharizet! ag�nts and officers on this the 13th day af November,
3 202Ci.
4
AT�EST:
r� A
(Principal) Secretary
� f ---�
Witness as t P nc' al �
Sr��i �����,.�
GTY Of fORT WORTH
STANDAEiD CI7Y CQNDiTIqN5 —OEVELOPER AWARDEd PR07ECT5
Revised January 31, 2012
PRINCIPA�:
Tri Dal Utili
BY:
Jasors Biermel�J Vice President
Name and Title
Address: 546 Comrrierce Street
5ouihlake, TX 7609z
MCPHERSON 80ULEVARD
CPN 102738
006219-4
NfA1NTENANCE BOND
Page 4 of 4
ATTEST:
n/a
(Suretyj Secretary
Witness as to Surety, Meiissa Lesch
SURE7Y:
Travelers �as�alty and Sure#y Cgm�any
of America
BY: � -
Signature ,.�-��,�1t ��A �r •,
'`�n��Y.. ' �i�''�.
�'' �
Eric Lesch, Attorney-in-Fact � , •`�f,q . �'• n �-
� . s' • ,.
Name and Titfe � : �"Q � a�,� � �
f� �'1' �
, ��I �
� = -�
Address: One Tower Square ��� �, ' "''��� ��
��I�
Hartford, CT 06i83
Telephone Number: (860) 277-0111
2 Note: If signed fay �n afficPr �f the ���rety, there must he on #ile � certifi��3 Wx.tr�r_# frorn t�e
3 byiaws showing that this person has authority to sign such obligation. If Surety's physical
4 addre5s is different from its mailing address, E�oth rnust E�e pravided.
6 The date af t#�e bond shal! not be prior ta the date the Cantract is awarded.
� � +I���y���Pl
CiTY OF FORF WORTH MCPHERSON BpULEVARD
STAiVDARD CIiY CDNDITIONS— REVELOPER AWAftD£0 PROJECTS CPN 102738
Revised January 3i, 2022
TEXAS - INFORMATiON OR CaMPLAINTS NOTICE
io obtain information or make a complaint:
You may call iravelers toll-free telephane nurri#�er far informatian or to make a com�laint at: i-8�0-32S-21S9
Yau may contact the Texas Departrr�ent of Insurance to obtain intorrnation on companies, cvverages, rights, or
complaints at: 1-8Q0-2�2-3439
You may write the
Texas Repartment af lnsurance
PD Box 1493.Q4
Austin, TX 78714-9104
Fax (512) 475-1771
Web: h#tp://www.tdi.texas.�o�
E-mail: ConsumerProtection(c�tdi.texas.�ov
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a c�aim you should
contact your Agent or TraveEers #irst. !f the dispute is nat resol�ed, you may contact the Texas qepartment of Insurance.
ATTACH THIS NOTICE TO Y�UR POLtCY: This notice is far information only and does nat became a part or
cor�dition of the attaehed document.
AVISO �MPORTANTE - INFORMAClQ� N Q QUEJAS - TEXAS
Usted puede Ilatnar al numero de telefono gratis de �ravelers para informacio/n Q para sort�eter una queja al:
1-soo-3zs-z�s�
Puede carriunicarse car� el Qepartamento de Seguros de Texas para obtener infarmacia/n acerca de carr�panias,
coberturas, derechos o quejes al: 1-SOQ-�52-3439
Puede escribir al
Departamento de Seguros de �exas
PO Sox 149104
Austin, TX 78714-9104
Fax (512) 475-17�I
Web: ._http://www.tdi.texas.�ov
E-mail: ConsumerProtection tdi.texas. o�
�ISPUTAS S�BRE PRIMAS 0 RECE.AMOS: Si tien� una disp�ata concerniente a su prima o a ur� recaamo, debe
camunicarse con el Agente o Tra�elers primero, 5i na se resueive la disputa, puede entonces comunitarse ton ei
departamento (TDI).
UNA ESTE AVISO A SU POLIZA: �ste aviso es solo para proposito de Informacio/n y no se con�i�rte en parte n
condicion del documenta adjunt4.
N'iC-19023 �. 05-13 Page 10 1
� 2013 The Travelers indemnity Corrtpany. All rights reserved.
��.
■ � r -
Travefers Casualty and Surety Company of A�nerica Tra�efers
Casualty and Surety Campany
$t. Paul Fire and Marine Insurance Campany
POWER fiF ATTORNEY
KNOW ALL MEE� BY iHESE PRES�NiS: 7hat Tra�elers Casua[ty and Surety Company of America, Travelers Cas�alty and Surety Company, and St.
Paul Fire artd Marine Insurar�ce Company are corporations duly organized untfer the lauvs of the 5tate of Connecticut (her�in collectively called ihe
"Companies"), and that the Companies r!o f�ereby make, constitufe and appoinf Eric Lesch, of Grapevine, Texas, their true and lawful Attorney-in-Fact
Ea sign, exeaute, seal and acknawledge any and aIl bonds, recagnizances, canditianal undertakings and nther writings obligatary in the nature thereof on
behal€ of the Companies in #heir business of guaranfeeing the fidelity of perso€ts, guaranteeing the per�ormance of contracts and executing or
guarar�teeing bonds and undertakings required or �ermiited fn any actions or proceedings allawed by [aw.
IN WE7NESS WHEFiEOF, the Companies have causad this instrument to 6e sigr�ed, and their corporate seals to he hereto affixed, this 3rd day of February,
2D17.
�;y1'��[�Y p�zr apa
� �U g ���
� L�
� �+ � xnxt�oa�, t �
` � �1. � � �
� °syf Wybgo � t�'
. � .$
State of Cvnnecfic€rt
City of Hartfard ss.
,.% �.�:. �. .%
By: �'�.� % �-�"��' �'�F`�
—�` v,.
Rohert L. Raney, Se or Viae President
C1n this tF�e 3rd day af Fehruary, 2017, before me personally appeared Rotiert L Raney, who acfcnowledged himself to be the Senior Vice President af
iravelers Casualiy and Surety Company of Arrierica, Tra�eiers Casualty and Surety Company, and SE. Paul Flre and Marine Insurance Campany, and
that he, as such, b�ing a�thorizect sa ta da, executed the ioregoing instru�rtenf for t[�e purpases therein contained by signing on behaff oi t�e corporations
by himseff as a du[y aufhorized officer.
!n Witness Whereof, I hereunto set my hand and official seaf,
My Camrnission expires the 30th day of June, 2�21
�,T
'(`C1wv�..v C �a��A�'
���r Mane C. Tetreault, EVotary P€�b]ic
T�ris Power af Attorney is granted under and by fhe authorify of Ehe foliowing resoEutions adopted by the Baards of Directors af Travelers Casualty and
Surefy Company of America, Travelers Casualty and SureEy Company, and St. Paul Fire ancf Marine Insurance Company, which resolutions are npw in
full farce and effect, reading as follows;
RESOLVEO, that the Chairman, ihe President, any Viae Chairman, any �xecutive Vice �resident, any Seniar Vice President, any Vice President, any
Second Vice Presic€enF, the ireasurer, any Assistant Treasurer, the Corporat�: Secretary or any AssistanE Secratary may appoint Attarneys-in-Fact and
Agents fo act for and ott behalf of the Company and may give such appointee such authorily as his or her cerEificate af auEhority rrtay prasaribe to sign with
the Company`s name and seaE witi� the Comgany's seal bonds, recogr�izances, contraets of indsmnity, and other writings obligatory in the nature of a
bond, recognizance, or eandltianaf underiaking, and any of sa'sd officers vr Ef�e Board of �irectors aE any time may remove any such appoinEee and revo[ce
the power given him or her; and it is
PUi2THER RESOLVED, that the Chairman, the President, any Vice Chairman, any Execufive Vice Fresident, any Seniar Vice President or any Vice
President may clelegate aIl or any part v# the foregoing aufhority to one or more officers or employees af this Company, pravided Ehat each such delegation
is in writing and a copy thereof is filed in the o�fce of the Secreiary; and it is
FURTH�R RESOLVED, that any bond, recognizance, confract of indemnity, or writing obligatory in the nature of a 6ond, recognizance, or conditinnal
underta[cing shali be valid and binding upon the Campany when (a) signed hy the President, any Vice Chai€man, any ExecuEive Vice President, any Senior
Vice Presiden3 or any Vice President, any 5econd Vice President, the Treasurer, any Assistant Treasurer, the Corporaie Seeretary or any Assistant
SeCretxry and duly attested and sea�ed wikh ihe Company's seaE by a 5ecretary or Assistant Secretary; or (b) duEy executed (under &eal, if requlrecf) by
one or mare Attorneys-in-Fact ar�d Agents pursuant to the power prescribed in his or her certifcate or their certifcates o� authority or by one or �'nore
Company af�cers pursuant #o a written delegation of authority; and it is
FURTH£R RESOLVE�, ihat tha signature af each of ihe fnllowing officers: President, any Exe�uti�e Viae Presider�t, any Senior Vice Pr�esiden#, any Vice
PresidenE, any Assistant Vice President, any 5ecretary, any Assistant Secretary, a�d the seal of the Gampany may be affixed by facsimile to ar�y Power
of Atforney or to any certif[aate relating thereto appointing Resident Vice Presidents, Residertt AssisEent Secretaries ar Attomeys-in-Facf for purposes oniy
of execuiing and attesting bonds and undertakir�gs anti other writings obligafory in t�e nafure ihereof, and any sueh Power of Aitorney or certificate �earing
such facsjmile s'sgnature or#acsimile seal sha[I be vali8 and bindiRg �pon ihe Comgany and any sucF� power so execufed and cerfified by such facsimiie
signaiure and iacsimile sea[ shall be valid and binding on ihe Campany in fhe future wiiF� respect to any bond or underslanding Eo whicfi it is attaci�ed.
I, Ke�in E, Hughes, the undersigned, Assistant Secretary of Travelers Caseaaity and Surety Compar�y of America, 'Cravelers Casualty and Surety
Company, and 8t. Paul Fre and Marine fnsurance Com�any, do hereby certify thai the abave and for�going is a tnte and cor�ect copy of-theoAp�rver nf
AttorrEey executed 6y said Cornpanies, which remains in full force and effect. ���� ��� ���
Dated this '13th day af No�ember, 202Q. ��� r� °� ,
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Kevin E. Hughes, Assi ts a��ary ,.•',��
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To verify the auEhent�ciiy af thls Pvwer ofAtMrney, please ca!! us at i-800-422-3880 �� j���
Pleas�e refer to �lse aliav�-nam�d Attarney-in-Fact and ttre details of the band to which the porver is attached ��$'� ;°�"`'� � �
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
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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.
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1) $1,000,000 each accident on a combined single limit basis. Split limits are
acceptable if limits are at least:
2) $250,000 Bodily Injury per person
3) $500,000 Bodily Injury per accident /
4) $100,000 Property Damage
D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the following requirements:
1. The Contractor’s construction activities will require its employees, agents, subcontractors,
equipment, and material deliveries to cross railroad properties and tracks owned and
operated by: ____________________________________________________________
Write the name of the railroad company. (If none, then write none)
2. The Contractor shall conduct its operations on railroad properties in such a manner as not to
interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use
or operation of its/their trains or other property. Such operations on railroad properties may
require that Contractor to execute a “Right of Entry Agreement” with the particular railroad
company or companies involved, and to this end the Contractor should satisfy itself as to the
requirements of each railroad company and be prepared to execute the right-of-entry (if any)
required by a railroad company. The requirements specified herein likewise relate to the
Contractor’s use of private and/or construction access roads crossing said railroad company’s
properties.
3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions
shall provide coverage for not less than the following amounts, issued by companies
satisfactory to the City and to the Railroad Company for a term that continues for so long as
the Contractor’s operations and work cross, occupy, or touch railroad property:
a. General Aggregate: _____________________________________
Enter limits provided by Railroad Company (If none, write none)
b. Each Occurrence: : _____________________________________
Enter limits provided by Railroad Company (If none, write none)
4. With respect to the above outlined insurance requirements, the following shall govern:
a. Where a single railroad company is involved, the Contractor shall provide one insurance
policy in the name of the railroad company. However, if more than one grade separation
or at-grade crossing is affected by the Project at entirely separate locations on the line or
lines of the same railroad company, separate coverage may be required, each in the
amount stated above.
b. Where more than one railroad company is operating on the same right-of-way or where
several railroad companies are involved and operated on their own separate rights-of-
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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
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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.
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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
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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
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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:
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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:
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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
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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 [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects [Insert Project Number]
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.
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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.
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DAP SUMMARY OF WORK
Page 3 of 3
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects [Insert Project Number]
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
MCPHERSON BOULEVARD
CPN 102738
01 25 00 - 1
DAP SUBSTITUTION PROCEDURES
Page 1 of 4
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised August 30, 2013
SECTION 01 25 00
SUBSTITUTION PROCEDURES
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. The procedure for requesting the approval of substitution of a product that is not
equivalent to a product which is specified by descriptive or performance criteria or
defined by reference to 1 or more of the following:
a. Name of manufacturer
b. Name of vendor
c. Trade name
d. Catalog number
2. Substitutions are not "or-equals".
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. Request for Substitution - General
1. Within 30 days after award of Contract (unless noted otherwise), the City will
consider formal requests from Contractor for substitution of products in place of
those specified.
2. Certain types of equipment and kinds of material are described in Specifications by
means of references to names of manufacturers and vendors, trade names, or catalog
numbers.
a. When this method of specifying is used, it is not intended to exclude from
consideration other products bearing other manufacturer's or vendor's names,
trade names, or catalog numbers, provided said products are "or-equals," as
determined by City.
3. Other types of equipment and kinds of material may be acceptable substitutions
under the following conditions:
a. Or-equals are unavailable due to strike, discontinued production of products
meeting specified requirements, or other factors beyond control of Contractor;
or,
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised August 30, 2013
b. Contractor proposes a cost and/or time reduction incentive to the City.
1.5 SUBMITTALS
A. See Request for Substitution Form (attached)
B. Procedure for Requesting Substitution
1. Substitution shall be considered only:
a. After award of Contract
b. Under the conditions stated herein
2. Submit 3 copies of each written request for substitution, including:
a. Documentation
1) Complete data substantiating compliance of proposed substitution with
Contract Documents
2) Data relating to changes in construction schedule, when a reduction is
proposed
3) Data relating to changes in cost
b. For products
1) Product identification
a) Manufacturer's name
b) Telephone number and representative contact name
c) Specification Section or Drawing reference of originally specified
product, including discrete name or tag number assigned to original
product in the Contract Documents
2) Manufacturer's literature clearly marked to show compliance of proposed
product with Contract Documents
3) Itemized comparison of original and proposed product addressing product
characteristics including, but not necessarily limited to:
a) Size
b) Composition or materials of construction
c) Weight
d) Electrical or mechanical requirements
4) Product experience
a) Location of past projects utilizing product
b) Name and telephone number of persons associated with referenced
projects knowledgeable concerning proposed product
c) Available field data and reports associated with proposed product
5) Samples
a) Provide at request of City.
b) Samples become the property of the City.
c. For construction methods:
1) Detailed description of proposed method
2) Illustration drawings
C. Approval or Rejection
1. Written approval or rejection of substitution given by the City
2. City reserves the right to require proposed product to comply with color and pattern
of specified product if necessary to secure design intent.
3. In the event the substitution is approved, if a reduction in cost or time results, it will
be documented by Change Order.
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CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised August 30, 2013
4. Substitution will be rejected if:
a. Submittal is not through the Contractor with his stamp of approval
b. Request is not made in accordance with this Specification Section
c. In the Developer’s opinion, acceptance will require substantial revision of the
original design
d. In the City’s or Developer’s opinion, substitution will not perform adequately
the function consistent with the design intent
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE
A. In making request for substitution or in using an approved product, the Contractor
represents that the Contractor:
1. Has investigated proposed product, and has determined that it is adequate or
superior in all respects to that specified, and that it will perform function for which it
is intended
2. Will provide same guarantee for substitute item as for product specified
3. Will coordinate installation of accepted substitution into Work, to include building
modifications if necessary, making such changes as may be required for Work to be
complete in all respects
4. Waives all claims for additional costs related to substitution which subsequently
arise
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
MCPHERSON BOULEVARD
CPN 102738
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DAP SUBSTITUTION PROCEDURES
Page 4 of 4
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised August 30, 2013
EXHIBIT A
REQUEST FOR SUBSTITUTION FORM:
TO:
PROJECT: DATE:
We hereby submit for your consideration the following product instead of the specified item for
the above project:
SECTION PARAGRAPH SPECIFIED ITEM
Proposed Substitution:
Reason for Substitution:
Include complete information on changes to Drawings and/or Specifications which proposed
substitution will require for its proper installation.
Fill in Blanks Below:
A. Will the undersigned contractor pay for changes to the building design, including engineering
and detailing costs caused by the requested substitution?
B. What effect does substitution have on other trades?
C. Differences between proposed substitution and specified item?
D. Differences in product cost or product delivery time?
E. Manufacturer's guarantees of the proposed and specified items are:
Equal Better (explain on attachment)
The undersigned states that the function, appearance and quality are equivalent or superior to the
specified item.
Submitted By: For Use by City
Signature Recommended Recommended
as noted
Firm Not recommended Received late
Address By
Date
Date Remarks
Telephone
For Use by City:
Approved Rejected
City Date
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Page 1 of 3
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised August 30, 2013
SECTION 01 31 19
PRECONSTRUCTION MEETING
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Provisions for the preconstruction meeting to be held prior to the start of Work to
clarify construction contract administration procedures
B. Deviations from this City of Fort Worth Standard Specification
1. No construction schedule required unless requested by the City.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. Coordination
1. Attend preconstruction meeting.
2. Representatives of Contractor, subcontractors and suppliers attending meetings
shall be qualified and authorized to act on behalf of the entity each represents.
3. Meeting administered by City may be tape recorded.
a. If recorded, tapes will be used to prepare minutes and retained by City for
future reference.
B. Preconstruction Meeting
1. A preconstruction meeting will be held within 14 days after the delivery of the
distribution package to the City.
a. The meeting will be scheduled and administered by the City.
2. The Project Representative will preside at the meeting, prepare the notes of the
meeting and distribute copies of same to all participants who so request by fully
completing the attendance form to be circulated at the beginning of the meeting.
3. Attendance shall include:
a. Developer and Consultant
b. Contractor's project manager
c. Contractor's superintendent
d. Any subcontractor or supplier representatives whom the Contractor may desire
to invite or the City may request
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised August 30, 2013
e. Other City representatives
f. Others as appropriate
4. Preliminary Agenda may include:
a. Introduction of Project Personnel
b. General Description of Project
c. Status of right-of-way, utility clearances, easements or other pertinent permits
d. Contractor’s work plan and schedule
e. Contract Time
f. Notice to Proceed
g. Construction Staking
h. Progress Payments
i. Extra Work and Change Order Procedures
j. Field Orders
k. Disposal Site Letter for Waste Material
l. Insurance Renewals
m. Payroll Certification
n. Material Certifications and Quality Control Testing
o. Public Safety and Convenience
p. Documentation of Pre-Construction Conditions
q. Weekend Work Notification
r. Legal Holidays
s. Trench Safety Plans
t. Confined Space Entry Standards
u. Coordination with the City’s representative for operations of existing water
systems
v. Storm Water Pollution Prevention Plan
w. Coordination with other Contractors
x. Early Warning System
y. Contractor Evaluation
z. Special Conditions applicable to the project
aa. Damages Claims
bb. Submittal Procedures
cc. Substitution Procedures
dd. Correspondence Routing
ee. Record Drawings
ff. Temporary construction facilities
gg. MBE/SBE procedures
hh. Final Acceptance
ii. Final Payment
jj. Questions or Comments
MCPHERSON BOULEVARD
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DAP PRECONSTRUCTION MEETING
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CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised August 30, 2013
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
MCPHERSON BOULEVARD
CPN 102738
01 32 33 - 1
DAP PRECONSTRUCTION VIDEO
Page 1 of 2
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised August 30, 2013
SECTION 01 32 33
PRECONSTRUCTION VIDEO
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Administrative and procedural requirements for:
a. Preconstruction Videos
B. Deviations from this City of Fort Worth Standard Specification
1. Though not mandatory, it is highly recommended on infill developer projects.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. Preconstruction Video
1. Produce a preconstruction video of the site/alignment, including all areas in the
vicinity of and to be affected by construction.
a. Provide digital copy of video upon request by the City.
2. Retain a copy of the preconstruction video until the end of the maintenance surety
period.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
MCPHERSON BOULEVARD
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DAP PRECONSTRUCTION VIDEO
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CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised August 30, 2013
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
MCPHERSON BOULEVARD
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01 33 00 - 1
DAP SUBMITTALS
Page 1 of 8
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised August 30, 2013
SECTION 01 33 00
DAP SUBMITTALS
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. General methods and requirements of submissions applicable to the following
Work-related submittals:
a. Shop Drawings
b. Product Data (including Standard Product List submittals)
c. Samples
d. Mock Ups
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. Coordination
1. Notify the City in writing, at the time of submittal, of any deviations in the
submittals from the requirements of the Contract Documents.
2. Coordination of Submittal Times
a. Prepare, prioritize and transmit each submittal sufficiently in advance of
performing the related Work or other applicable activities, or within the time
specified in the individual Work Sections, of the Specifications.
b. Contractor is responsible such that the installation will not be delayed by
processing times including, but not limited to:
a) Disapproval and resubmittal (if required)
b) Coordination with other submittals
c) Testing
d) Purchasing
e) Fabrication
f) Delivery
g) Similar sequenced activities
c. No extension of time will be authorized because of the Contractor's failure to
transmit submittals sufficiently in advance of the Work.
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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
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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
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised August 30, 2013
7) Standard wiring diagrams
8) Printed performance curves and operational-range diagrams
9) Production or quality control inspection and test reports and certifications
10) Mill reports
11) Product operating and maintenance instructions and recommended
spare-parts listing and printed product warranties
12) As applicable to the Work
H. Samples
1. As specified in individual Sections, include, but are not necessarily limited to:
a. Physical examples of the Work such as:
1) Sections of manufactured or fabricated Work
2) Small cuts or containers of materials
3) Complete units of repetitively used products color/texture/pattern swatches
and range sets
4) Specimens for coordination of visual effect
5) Graphic symbols and units of Work to be used by the City for independent
inspection and testing, as applicable to the Work
I. Do not start Work requiring a shop drawing, sample or product data nor any material to
be fabricated or installed prior to the approval or qualified approval of such item.
1. Fabrication performed, materials purchased or on-site construction accomplished
which does not conform to approved shop drawings and data is at the Contractor's
risk.
2. The City will not be liable for any expense or delay due to corrections or remedies
required to accomplish conformity.
3. Complete project Work, materials, fabrication, and installations in conformance
with approved shop drawings, applicable samples, and product data.
J. Submittal Distribution
1. Electronic Distribution
a. Confirm development of Project directory for electronic submittals to be
uploaded to City’s Buzzsaw site, or another external FTP site approved by the
City.
b. Shop Drawings
1) Upload submittal to designated project directory and notify appropriate
City representatives via email of submittal posting.
2) Hard Copies
a) 3 copies for all submittals
b) If Contractor requires more than 1 hard copy of Shop Drawings
returned, Contractor shall submit more than the number of copies listed
above.
c. Product Data
1) Upload submittal to designated project directory and notify appropriate
City representatives via email of submittal posting.
2) Hard Copies
a) 3 copies for all submittals
d. Samples
1) Distributed to the Project Representative
2. Hard Copy Distribution (if required in lieu of electronic distribution)
MCPHERSON BOULEVARD
CPN 102738
01 33 00 - 5
DAP SUBMITTALS
Page 5 of 8
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised August 30, 2013
a. Shop Drawings
1) Distributed to the City
2) Copies
a) 8 copies for mechanical submittals
b) 7 copies for all other submittals
c) If Contractor requires more than 3 copies of Shop Drawings returned,
Contractor shall submit more than the number of copies listed above.
b. Product Data
1) Distributed to the City
2) Copies
a) 4 copies
c. Samples
1) Distributed to the Project Representative
2) Copies
a) Submit the number stated in the respective Specification Sections.
3. Distribute reproductions of approved shop drawings and copies of approved
product data and samples, where required, to the job site file and elsewhere as
directed by the City.
a. Provide number of copies as directed by the City but not exceeding the number
previously specified.
K. Submittal Review
1. The review of shop drawings, data and samples will be for general conformance
with the design concept and Contract Documents. This is not to be construed as:
a. Permitting any departure from the Contract requirements
b. Relieving the Contractor of responsibility for any errors, including details,
dimensions, and materials
c. Approving departures from details furnished by the City, except as otherwise
provided herein
2. The review and approval of shop drawings, samples or product data by the City
does not relieve the Contractor from his/her responsibility with regard to the
fulfillment of the terms of the Contract.
a. All risks of error and omission are assumed by the Contractor, and the City will
have no responsibility therefore.
3. The Contractor remains responsible for details and accuracy, for coordinating the
Work with all other associated work and trades, for selecting fabrication processes,
for techniques of assembly and for performing Work in a safe manner.
4. If the shop drawings, data or samples as submitted describe variations and show a
departure from the Contract requirements which City finds to be in the interest of
the City and to be so minor as not to involve a change in Contract Price or time for
performance, the City may return the reviewed drawings without noting an
exception.
5. Submittals will be returned to the Contractor under 1 of the following codes:
a. Code 1
1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or
comments on the submittal.
a) When returned under this code the Contractor may release the
equipment and/or material for manufacture.
b. Code 2
MCPHERSON BOULEVARD
CPN 102738
01 33 00 - 6
DAP SUBMITTALS
Page 6 of 8
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised August 30, 2013
1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of
the notations and comments IS NOT required by the Contractor.
a) The Contractor may release the equipment or material for manufacture;
however, all notations and comments must be incorporated into the
final product.
c. Code 3
1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is
assigned when notations and comments are extensive enough to require a
resubmittal of the package.
a) The Contractor may release the equipment or material for manufacture;
however, all notations and comments must be incorporated into the
final product.
b) This resubmittal is to address all comments, omissions and
non-conforming items that were noted.
c) Resubmittal is to be received by the City within 15 Calendar Days of
the date of the City's transmittal requiring the resubmittal.
d. Code 4
1) "NOT APPROVED" is assigned when the submittal does not meet the
intent of the Contract Documents.
a) The Contractor must resubmit the entire package revised to bring the
submittal into conformance.
b) It may be necessary to resubmit using a different manufacturer/vendor
to meet the Contract Documents.
6. Resubmittals
a. Handled in the same manner as first submittals
1) Corrections other than requested by the City
2) Marked with revision triangle or other similar method
a) At Contractor’s risk if not marked
b. Submittals for each item will be reviewed no more than twice at the City’s
expense.
1) All subsequent reviews will be performed at times convenient to the City
and at the Contractor's expense, based on the City's or City
Representative’s then prevailing rates.
2) Provide Contractor reimbursement to the City within 30 Calendar Days for
all such fees invoiced by the City.
c. The need for more than 1 resubmission or any other delay in obtaining City's
review of submittals, will not entitle the Contractor to an extension of Contract
Time.
7. Partial Submittals
a. City reserves the right to not review submittals deemed partial, at the City’s
discretion.
b. Submittals deemed by the City to be not complete will be returned to the
Contractor, and will be considered "Not Approved" until resubmitted.
c. The City may at its option provide a list or mark the submittal directing the
Contractor to the areas that are incomplete.
8. If the Contractor considers any correction indicated on the shop drawings to
constitute a change to the Contract Documents, then written notice must be
provided thereof to the Developer at least 7 Calendar Days prior to release for
manufacture.
MCPHERSON BOULEVARD
CPN 102738
01 33 00 - 7
DAP SUBMITTALS
Page 7 of 8
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised August 30, 2013
9. When the shop drawings have been completed to the satisfaction of the City, the
Contractor may carry out the construction in accordance therewith and no further
changes therein except upon written instructions from the City.
10. Each submittal, appropriately coded, will be returned within 30 Calendar Days
following receipt of submittal by the City.
L. Mock ups
1. Mock Up units as specified in individual Sections, include, but are not necessarily
limited to, complete units of the standard of acceptance for that type of Work to be
used on the Project. Remove at the completion of the Work or when directed.
M. Qualifications
1. If specifically required in other Sections of these Specifications, submit a P.E.
Certification for each item required.
N. Request for Information (RFI)
1. Contractor Request for additional information
a. Clarification or interpretation of the contract documents
b. When the Contractor believes there is a conflict between Contract Documents
c. When the Contractor believes there is a conflict between the Drawings and
Specifications
1) Identify the conflict and request clarification
2. Sufficient information shall be attached to permit a written response without further
information.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
MCPHERSON BOULEVARD
CPN 102738
01 33 00 - 8
DAP SUBMITTALS
Page 8 of 8
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised August 30, 2013
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days
MCPHERSON BOULEVARD
CPN 102738
01 45 23
DAP TESTING AND INSPECTION SERVICES
Page 1 of 2
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised March 20, 2020
SECTION 01 45 23
TESTING AND INSPECTION SERVICES
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Testing and inspection services procedures and coordination
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
a. Contractor is responsible for performing, coordinating, and payment of all
Quality Control testing.
b. City is responsible for performing and payment for first set of Quality
Assurance testing.
1) If the first Quality Assurance test performed by the City fails, the
Contractor is responsible for payment of subsequent Quality Assurance
testing until a passing test occurs.
a) Final acceptance will not be issued by City until all required payments
for testing by Contractor have been paid in full.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. Testing
1. Complete testing in accordance with the Contract Documents.
2. Coordination
a. When testing is required to be performed by the City, notify City, sufficiently
in advance, when testing is needed.
b. When testing is required to be completed by the Contractor, notify City,
sufficiently in advance, that testing will be performed.
3. Distribution of Testing Reports
a. Electronic Distribution
1) Confirm development of Project directory for electronic submittals to be
uploaded to the City’s document management system, or another form of
distribution approved by the City.
MCPHERSON BOULEVARD
CPN 102738
01 45 23
DAP TESTING AND INSPECTION SERVICES
Page 2 of 2
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised March 20, 2020
2) Upload test reports to designated project directory and notify appropriate
City representatives via email of submittal posting.
3) Hard Copies
a) 1 copy for all submittals submitted to the Project Representative
b. Hard Copy Distribution (if required in lieu of electronic distribution)
1) Tests performed by City
a) Distribute 1 hard copy to the Contractor
2) Tests performed by the Contractor
a) Distribute 3 hard copies to City’s Project Representative
4. Provide City’s Project Representative with trip tickets for each delivered load of
Concrete or Lime material including the following information:
a. Name of pit
b. Date of delivery
c. Material delivered
B. Inspection
1. Inspection or lack of inspection does not relieve the Contractor from obligation to
perform work in accordance with the Contract Documents.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that electronic submittals be uploaded
through the City’s document management system.
MCPHERSON BOULEVARD
CPN 102738
01 55 26 - 1
DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page 1 of 3
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised July 1, 2011
SECTION 01 55 26
STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Administrative procedures for:
a. Street Use Permit
b. Modification of approved traffic control
c. Removal of Street Signs
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
3. Section 34 71 13 – Traffic Control
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES
A. Reference Standards
1. Reference standards cited in this specification refer to the current reference standard
published at the time of the latest revision date logged at the end of this
specification, unless a date is specifically cited.
2. Texas Manual on Uniform Traffic Control Devices (TMUTCD).
1.4 ADMINISTRATIVE REQUIREMENTS
A. Traffic Control
1. General
a. When traffic control plans are included in the Drawings, provide Traffic
Control in accordance with Drawings and Section 34 71 13.
b. When traffic control plans are not included in the Drawings, prepare traffic
control plans in accordance with Section 34 71 13 and submit to City for
review.
1) Allow minimum 10 working days for review of proposed Traffic Control.
B. Street Use Permit
1. Prior to installation of Traffic Control, a City Street Use Permit is required.
a. To obtain Street Use Permit, submit Traffic Control Plans to City
Transportation and Public Works Department.
MCPHERSON BOULEVARD
CPN 102738
01 55 26 - 2
DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page 2 of 3
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised July 1, 2011
1) Allow a minimum of 5 working days for permit review.
2) Contractor’s responsibility to coordinate review of Traffic Control plans for
Street Use Permit, such that construction is not delayed.
C. Modification to Approved Traffic Control
1. Prior to installation traffic control:
a. Submit revised traffic control plans to City Department Transportation and
Public Works Department.
1) Revise Traffic Control plans in accordance with Section 34 71 13.
2) Allow minimum 5 working days for review of revised Traffic Control.
3) It is the Contractor’s responsibility to coordinate review of Traffic Control
plans for Street Use Permit, such that construction is not delayed.
D. Removal of Street Sign
1. If it is determined that a street sign must be removed for construction, then contact
City Transportation and Public Works Department, Signs and Markings Division to
remove the sign.
E. Temporary Signage
1. In the case of regulatory signs, replace permanent sign with temporary sign meeting
requirements of the latest edition of the Texas Manual on Uniform Traffic Control
Devices (MUTCD).
2. Install temporary sign before the removal of permanent sign.
3. When construction is complete, to the extent that the permanent sign can be
reinstalled, contact the City Transportation and Public Works Department, Signs
and Markings Division, to reinstall the permanent sign.
F. Traffic Control Standards
1. Traffic Control Standards can be found on the City’s Buzzsaw website.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
MCPHERSON BOULEVARD
CPN 102738
01 55 26 - 3
DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page 3 of 3
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised July 1, 2011
Revision Log
DATE NAME SUMMARY OF CHANGE
MCPHERSON BOULEVARD
CPN 102738
01 57 13 - 1
DAP STORM WATER POLLUTION PREVENTION
Page 1 of 3
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised July 1, 2011
SECTION 01 57 13
STORM WATER POLLUTION PREVENTION
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Procedures for Storm Water Pollution Prevention Plans
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the
Contract
2. Division 1 – General Requirements
3. Section 31 25 00 – Erosion and Sediment Control
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Construction Activities resulting in less than 1 acre of disturbance
a. Work associated with this Item is considered subsidiary to the various Items
bid. No separate payment will be allowed for this Item.
2. Construction Activities resulting in greater than 1 acre of disturbance
a. Measurement and Payment shall be in accordance with Section 31 25 00.
1.3 REFERENCES
A. Abbreviations and Acronyms
1. Notice of Intent: NOI
2. Notice of Termination: NOT
3. Storm Water Pollution Prevention Plan: SWPPP
4. Texas Commission on Environmental Quality: TCEQ
5. Notice of Change: NOC
A. Reference Standards
1. Reference standards cited in this Specification refer to the current reference
standard published at the time of the latest revision date logged at the end of this
Specification, unless a date is specifically cited.
2. Integrated Storm Management (iSWM) Technical Manual for Construction
Controls
1.4 ADMINISTRATIVE REQUIREMENTS
A. General
1. Contractor is responsible for resolution and payment of any fines issued associated
with compliance to Stormwater Pollution Prevention Plan.
MCPHERSON BOULEVARD
CPN 102738
01 57 13 - 2
DAP STORM WATER POLLUTION PREVENTION
Page 2 of 3
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised July 1, 2011
B. Construction Activities resulting in:
1. Less than 1 acre of disturbance
a. Provide erosion and sediment control in accordance with Section 31 25 00 and
Drawings.
2. 1 to less than 5 acres of disturbance
a. Texas Pollutant Discharge Elimination System (TPDES) General Construction
Permit is required
b. Complete SWPPP in accordance with TCEQ requirements
1) TCEQ Small Construction Site Notice Required under general permit
TXR150000
a) Sign and post at job site
b) Prior to Preconstruction Meeting, send 1 copy to City Department of
Transportation and Public Works, Environmental Division, (817) 392-
6088.
2) Provide erosion and sediment control in accordance with:
a) Section 31 25 00
b) The Drawings
c) TXR150000 General Permit
d) SWPPP
e) TCEQ requirements
3. 5 acres or more of Disturbance
a. Texas Pollutant Discharge Elimination System (TPDES) General Construction
Permit is required
b. Complete SWPPP in accordance with TCEQ requirements
1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee
a) Sign and post at job site
b) Send copy to City Department of Transportation and Public Works,
Environmental Division, (817) 392-6088.
2) TCEQ Notice of Change required if making changes or updates to NOI
3) Provide erosion and sediment control in accordance with:
a) Section 31 25 00
b) The Drawings
c) TXR150000 General Permit
d) SWPPP
e) TCEQ requirements
4) Once the project has been completed and all the closeout requirements of
TCEQ have been met a TCEQ Notice of Termination can be submitted.
a) Send copy to City Department of Transportation and Public Works,
Environmental Division, (817) 392-6088.
1.5 SUBMITTALS
A. SWPPP
1. Submit in accordance with Section 01 33 00, except as stated herein.
a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City
as follows:
1) 1 copy to the City Project Manager
a) City Project Manager will forward to the City Department of
Transportation and Public Works, Environmental Division for review
MCPHERSON BOULEVARD
CPN 102738
01 57 13 - 3
DAP STORM WATER POLLUTION PREVENTION
Page 3 of 3
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised July 1, 2011
B. Modified SWPPP
1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City
in accordance with Section 01 33 00.
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
MCPHERSON BOULEVARD
CPN 102738
01 60 00
DAP PRODUCT REQUIREMENTS
Page 1 of 2
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised March 20, 2020
SECTION 01 60 00
PRODUCT REQUIREMENTS
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. References for Product Requirements and City Standard Products List
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
1.2 PRICE AND PAYMENT PROCEDURES [NOT USED]
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A list of City approved products for use is available through the City’s website at:
https://apps.fortworthtexas.gov/ProjectResources/ and following the directory
path: 02 - Construction Documents\Standard Products List
A. Only products specifically included on City’s Standard Product List in these Contract
Documents shall be allowed for use on the Project.
1. Any subsequently approved products will only be allowed for use upon specific
approval by the City.
B. Any specific product requirements in the Contract Documents supersede similar
products included on the City’s Standard Product List.
1. The City reserves the right to not allow products to be used for certain projects even
though the product is listed on the City’s Standard Product List.
C. Although a specific product is included on City’s Standard Product List, not all
products from that manufacturer are approved for use, including but not limited to, that
manufacturer’s standard product.
D. See Section 01 33 00 for submittal requirements of Product Data included on City’s
Standard Product List.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
MCPHERSON BOULEVARD
CPN 102738
01 60 00
DAP PRODUCT REQUIREMENTS
Page 2 of 2
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised March 20, 2020
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
10/12/12 D. Johnson Modified Location of City’s Standard Product List
4/7/2014 M.Domenech Revised for DAP application
03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that the City approved products list is
accessible through the City’s website.
MCPHERSON BOULEVARD
CPN 102738
01 66 00 - 1
DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 1 of 4
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
SECTION 01 66 00
PRODUCT STORAGE AND HANDLING REQUIREMENTS
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Scheduling of product delivery
2. Packaging of products for delivery
3. Protection of products against damage from:
a. Handling
b. Exposure to elements or harsh environments
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY AND HANDLING
A. Delivery Requirements
1. Schedule delivery of products or equipment as required to allow timely installation
and to avoid prolonged storage.
2. Provide appropriate personnel and equipment to receive deliveries.
3. Delivery trucks will not be permitted to wait extended periods of time on the Site
for personnel or equipment to receive the delivery.
MCPHERSON BOULEVARD
CPN 102738
01 66 00 - 2
DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 2 of 4
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
4. Deliver products or equipment in manufacturer's original unbroken cartons or other
containers designed and constructed to protect the contents from physical or
environmental damage.
5. Clearly and fully mark and identify as to manufacturer, item and installation
location.
6. Provide manufacturer's instructions for storage and handling.
B. Handling Requirements
1. Handle products or equipment in accordance with these Contract Documents and
manufacturer’s recommendations and instructions.
C. Storage Requirements
1. Store materials in accordance with manufacturer’s recommendations and
requirements of these Specifications.
2. Make necessary provisions for safe storage of materials and equipment.
a. Place loose soil materials and materials to be incorporated into Work to prevent
damage to any part of Work or existing facilities and to maintain free access at
all times to all parts of Work and to utility service company installations in
vicinity of Work.
3. Keep materials and equipment neatly and compactly stored in locations that will
cause minimum inconvenience to other contractors, public travel, adjoining owners,
tenants and occupants.
a. Arrange storage to provide easy access for inspection.
4. Restrict storage to areas available on construction site for storage of material and
equipment as shown on Drawings, or approved by City’s Project Representative.
5. Provide off-site storage and protection when on-site storage is not adequate.
a. Provide addresses of and access to off-site storage locations for inspection by
City’s Project Representative.
6. Do not use lawns, grass plots or other private property for storage purposes without
written permission of owner or other person in possession or control of premises.
7. Store in manufacturers’ unopened containers.
8. Neatly, safely and compactly stack materials delivered and stored along line of
Work to avoid inconvenience and damage to property owners and general public
and maintain at least 3 feet from fire hydrant.
9. Keep public and private driveways and street crossings open.
10. Repair or replace damaged lawns, sidewalks, streets or other improvements to
satisfaction of City’s Project Representative.
a. Total length which materials may be distributed along route of construction at
one time is 1,000 linear feet, unless otherwise approved in writing by City’s
Project Representative.
MCPHERSON BOULEVARD
CPN 102738
01 66 00 - 3
DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 3 of 4
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION
3.1 INSTALLERS [NOT USED]
3.2 EXAMINATION [NOT USED]
3.3 PREPARATION [NOT USED]
3.4 ERECTION [NOT USED]
3.5 REPAIR / RESTORATION [NOT USED]
3.6 RE-INSTALLATION [NOT USED]
3.7 FIELD [OR] SITE QUALITY CONTROL
A. Tests and Inspections
1. Inspect all products or equipment delivered to the site prior to unloading.
B. Non-Conforming Work
1. Reject all products or equipment that are damaged, used or in any other way
unsatisfactory for use on the project.
3.8 SYSTEM STARTUP [NOT USED]
3.9 ADJUSTING [NOT USED]
3.10 CLEANING [NOT USED]
3.11 CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION
A. Protect all products or equipment in accordance with manufacturer's written directions.
B. Store products or equipment in location to avoid physical damage to items while in
storage.
C. Protect equipment from exposure to elements and keep thoroughly dry if required by
the manufacturer.
3.13 MAINTENANCE [NOT USED]
3.14 ATTACHMENTS [NOT USED]
END OF SECTION
MCPHERSON BOULEVARD
CPN 102738
01 66 00 - 4
DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 4 of 4
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP application
MCPHERSON BOULEVARD
CPN 102738
01 74 23 - 1
DAP CLEANING
Page 1 of 4
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
SECTION 01 74 23
CLEANING
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Intermediate and final cleaning for Work not including special cleaning of closed
systems specified elsewhere
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. Scheduling
1. Schedule cleaning operations so that dust and other contaminants disturbed by
cleaning process will not fall on newly painted surfaces.
2. Schedule final cleaning upon completion of Work and immediately prior to final
inspection.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 STORAGE, AND HANDLING
A. Storage and Handling Requirements
1. Store cleaning products and cleaning wastes in containers specifically designed for
those materials.
MCPHERSON BOULEVARD
CPN 102738
01 74 23 - 2
DAP CLEANING
Page 2 of 4
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS
2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED]
2.2 MATERIALS
A. Cleaning Agents
1. Compatible with surface being cleaned
2. New and uncontaminated
3. For manufactured surfaces
a. Material recommended by manufacturer
2.3 ACCESSORIES [NOT USED]
2.4 SOURCE QUALITY CONTROL [NOT USED]
PART 3 - EXECUTION
3.1 INSTALLERS [NOT USED]
3.2 EXAMINATION [NOT USED]
3.3 PREPARATION [NOT USED]
3.4 APPLICATION [NOT USED]
3.5 REPAIR / RESTORATION [NOT USED]
3.6 RE-INSTALLATION [NOT USED]
3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED]
3.8 SYSTEM STARTUP [NOT USED]
3.9 ADJUSTING [NOT USED]
3.10 CLEANING
A. General
1. Prevent accumulation of wastes that create hazardous conditions.
2. Conduct cleaning and disposal operations to comply with laws and safety orders of
governing authorities.
3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in
storm or sanitary drains or sewers.
4. Dispose of degradable debris at an approved solid waste disposal site.
5. Dispose of nondegradable debris at an approved solid waste disposal site or in an
alternate manner approved by City and regulatory agencies.
MCPHERSON BOULEVARD
CPN 102738
01 74 23 - 3
DAP CLEANING
Page 3 of 4
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
6. Handle materials in a controlled manner with as few handlings as possible.
7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with
this project.
8. Remove all signs of temporary construction and activities incidental to construction
of required permanent Work.
9. If project is not cleaned to the satisfaction of the City, the City reserves the right to
have the cleaning completed at the expense of the Contractor.
10. Do not burn on-site.
B. Intermediate Cleaning during Construction
1. Keep Work areas clean so as not to hinder health, safety or convenience of
personnel in existing facility operations.
2. At maximum weekly intervals, dispose of waste materials, debris and rubbish.
3. Confine construction debris daily in strategically located container(s):
a. Cover to prevent blowing by wind
b. Store debris away from construction or operational activities
c. Haul from site at a minimum of once per week
4. Vacuum clean interior areas when ready to receive finish painting.
a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance.
5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which
may become airborne or transported by flowing water during the storm.
C. Exterior (Site or Right of Way) Final Cleaning
1. Remove trash and debris containers from site.
a. Re-seed areas disturbed by location of trash and debris containers in accordance
with Section 32 92 13.
2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object
that may hinder or disrupt the flow of traffic along the roadway.
3. Clean any interior areas including, but not limited to, vaults, manholes, structures,
junction boxes and inlets.
4. If no longer required for maintenance of erosion facilities, and upon approval by
City, remove erosion control from site.
5. Clean signs, lights, signals, etc.
3.11 CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION [NOT USED]
3.13 MAINTENANCE [NOT USED]
3.14 ATTACHMENTS [NOT USED]
MCPHERSON BOULEVARD
CPN 102738
01 74 23 - 4
DAP CLEANING
Page 4 of 4
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP application
MCPHERSON BOULEVARD
CPN 102738
01 77 19 - 1
DAP CLOSEOUT REQUIREMENTS
Page 1 of 3
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
SECTION 01 77 19
CLOSEOUT REQUIREMENTS
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. The procedure for closing out a contract
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. Guarantees, Bonds and Affidavits
1. No application for final payment will be accepted until all guarantees, bonds,
certificates, licenses and affidavits required for Work or equipment as specified are
satisfactorily filed with the City.
B. Release of Liens or Claims
1. No application for final payment will be accepted until satisfactory evidence of
release of liens has been submitted to the City.
1.5 SUBMITTALS
A. Submit all required documentation to City’s Project Representative.
MCPHERSON BOULEVARD
CPN 102738
01 77 19 - 2
DAP CLOSEOUT REQUIREMENTS
Page 2 of 3
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
1.6 INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION
3.1 INSTALLERS [NOT USED]
3.2 EXAMINATION [NOT USED]
3.3 PREPARATION [NOT USED]
3.4 CLOSEOUT PROCEDURE
A. Prior to requesting Final Inspection, submit:
1. Project Record Documents in accordance with Section 01 78 39
2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23
B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section
01 74 23.
C. Final Inspection
1. After final cleaning, provide notice to the City Project Representative that the Work
is completed.
a. The City will make an initial Final Inspection with the Contractor present.
b. Upon completion of this inspection, the City will notify the Contractor, in
writing within 10 business days, of any particulars in which this inspection
reveals that the Work is defective or incomplete.
2. Upon receiving written notice from the City, immediately undertake the Work
required to remedy deficiencies and complete the Work to the satisfaction of the
City.
3. Upon completion of Work associated with the items listed in the City's written
notice, inform the City, that the required Work has been completed. Upon receipt
of this notice, the City, in the presence of the Contractor, will make a subsequent
Final Inspection of the project.
4. Provide all special accessories required to place each item of equipment in full
operation. These special accessory items include, but are not limited to:
a. Specified spare parts
b. Adequate oil and grease as required for the first lubrication of the equipment
c. Initial fill up of all chemical tanks and fuel tanks
d. Light bulbs
e. Fuses
f. Vault keys
g. Handwheels
h. Other expendable items as required for initial start-up and operation of all
equipment
D. Notice of Project Completion
MCPHERSON BOULEVARD
CPN 102738
01 77 19 - 3
DAP CLOSEOUT REQUIREMENTS
Page 3 of 3
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
1. Once the City Project Representative finds the Work subsequent to Final Inspection
to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet).
E. Supporting Documentation
1. Coordinate with the City Project Representative to complete the following
additional forms:
a. Final Payment Request
b. Statement of Contract Time
c. Affidavit of Payment and Release of Liens
d. Consent of Surety to Final Payment
e. Pipe Report (if required)
f. Contractor’s Evaluation of City
g. Performance Evaluation of Contractor
F. Letter of Final Acceptance
1. Upon review and acceptance of Notice of Project Completion and Supporting
Documentation, in accordance with General Conditions, City will issue Letter of
Final Acceptance and release the Final Payment Request for payment.
3.5 REPAIR / RESTORATION [NOT USED]
3.6 RE-INSTALLATION [NOT USED]
3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED]
3.8 SYSTEM STARTUP [NOT USED]
3.9 ADJUSTING [NOT USED]
3.10 CLEANING [NOT USED]
3.11 CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION [NOT USED]
3.13 MAINTENANCE [NOT USED]
3.14 ATTACHMENTS [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP application
MCPHERSON BOULEVARD
CPN 102738
01 78 23 - 1
DAP OPERATION AND MAINTENANCE DATA
Page 1 of 5
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
SECTION 01 78 23
OPERATION AND MAINTENANCE DATA
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Product data and related information appropriate for City's maintenance and
operation of products furnished under Contract
2. Such products may include, but are not limited to:
a. Traffic Controllers
b. Irrigation Controllers (to be operated by the City)
c. Butterfly Valves
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. Schedule
1. Submit manuals in final form to the City within 30 calendar days of product
shipment to the project site.
1.5 SUBMITTALS
A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be
approved by the City prior to delivery.
1.6 INFORMATIONAL SUBMITTALS
A. Submittal Form
1. Prepare data in form of an instructional manual for use by City personnel.
2. Format
a. Size: 8 ½ inches x 11 inches
b. Paper
1) 40 pound minimum, white, for typed pages
2) Holes reinforced with plastic, cloth or metal
c. Text: Manufacturer’s printed data, or neatly typewritten
MCPHERSON BOULEVARD
CPN 102738
01 78 23 - 2
DAP OPERATION AND MAINTENANCE DATA
Page 2 of 5
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
d. Drawings
1) Provide reinforced punched binder tab, bind in with text
2) Reduce larger drawings and fold to size of text pages.
e. Provide fly-leaf for each separate product, or each piece of operating
equipment.
1) Provide typed description of product, and major component parts of
equipment.
2) Provide indexed tabs.
f. Cover
1) Identify each volume with typed or printed title "OPERATING AND
MAINTENANCE INSTRUCTIONS".
2) List:
a) Title of Project
b) Identity of separate structure as applicable
c) Identity of general subject matter covered in the manual
3. Binders
a. Commercial quality 3-ring binders with durable and cleanable plastic covers
b. When multiple binders are used, correlate the data into related consistent
groupings.
4. If available, provide an electronic form of the O&M Manual.
B. Manual Content
1. Neatly typewritten table of contents for each volume, arranged in systematic order
a. Contractor, name of responsible principal, address and telephone number
b. A list of each product required to be included, indexed to content of the volume
c. List, with each product:
1) The name, address and telephone number of the subcontractor or installer
2) A list of each product required to be included, indexed to content of the
volume
3) Identify area of responsibility of each
4) Local source of supply for parts and replacement
d. Identify each product by product name and other identifying symbols as set
forth in Contract Documents.
2. Product Data
a. Include only those sheets which are pertinent to the specific product.
b. Annotate each sheet to:
1) Clearly identify specific product or part installed
2) Clearly identify data applicable to installation
3) Delete references to inapplicable information
3. Drawings
a. Supplement product data with drawings as necessary to clearly illustrate:
1) Relations of component parts of equipment and systems
2) Control and flow diagrams
b. Coordinate drawings with information in Project Record Documents to assure
correct illustration of completed installation.
c. Do not use Project Record Drawings as maintenance drawings.
4. Written text, as required to supplement product data for the particular installation:
a. Organize in consistent format under separate headings for different procedures.
b. Provide logical sequence of instructions of each procedure.
MCPHERSON BOULEVARD
CPN 102738
01 78 23 - 3
DAP OPERATION AND MAINTENANCE DATA
Page 3 of 5
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
5. Copy of each warranty, bond and service contract issued
a. Provide information sheet for City personnel giving:
1) Proper procedures in event of failure
2) Instances which might affect validity of warranties or bonds
C. Manual for Materials and Finishes
1. Submit 5 copies of complete manual in final form.
2. Content, for architectural products, applied materials and finishes:
a. Manufacturer's data, giving full information on products
1) Catalog number, size, composition
2) Color and texture designations
3) Information required for reordering special manufactured products
b. Instructions for care and maintenance
1) Manufacturer's recommendation for types of cleaning agents and methods
2) Cautions against cleaning agents and methods which are detrimental to
product
3) Recommended schedule for cleaning and maintenance
3. Content, for moisture protection and weather exposure products:
a. Manufacturer's data, giving full information on products
1) Applicable standards
2) Chemical composition
3) Details of installation
b. Instructions for inspection, maintenance and repair
D. Manual for Equipment and Systems
1. Submit 5 copies of complete manual in final form.
2. Content, for each unit of equipment and system, as appropriate:
a. Description of unit and component parts
1) Function, normal operating characteristics and limiting conditions
2) Performance curves, engineering data and tests
3) Complete nomenclature and commercial number of replaceable parts
b. Operating procedures
1) Start-up, break-in, routine and normal operating instructions
2) Regulation, control, stopping, shut-down and emergency instructions
3) Summer and winter operating instructions
4) Special operating instructions
c. Maintenance procedures
1) Routine operations
2) Guide to "trouble shooting"
3) Disassembly, repair and reassembly
4) Alignment, adjusting and checking
d. Servicing and lubrication schedule
1) List of lubricants required
e. Manufacturer's printed operating and maintenance instructions
f. Description of sequence of operation by control manufacturer
1) Predicted life of parts subject to wear
2) Items recommended to be stocked as spare parts
g. As installed control diagrams by controls manufacturer
h. Each contractor's coordination drawings
1) As installed color coded piping diagrams
MCPHERSON BOULEVARD
CPN 102738
01 78 23 - 4
DAP OPERATION AND MAINTENANCE DATA
Page 4 of 5
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
i. Charts of valve tag numbers, with location and function of each valve
j. List of original manufacturer's spare parts, manufacturer's current prices, and
recommended quantities to be maintained in storage
k. Other data as required under pertinent Sections of Specifications
3. Content, for each electric and electronic system, as appropriate:
a. Description of system and component parts
1) Function, normal operating characteristics, and limiting conditions
2) Performance curves, engineering data and tests
3) Complete nomenclature and commercial number of replaceable parts
b. Circuit directories of panelboards
1) Electrical service
2) Controls
3) Communications
c. As installed color coded wiring diagrams
d. Operating procedures
1) Routine and normal operating instructions
2) Sequences required
3) Special operating instructions
e. Maintenance procedures
1) Routine operations
2) Guide to "trouble shooting"
3) Disassembly, repair and reassembly
4) Adjustment and checking
f. Manufacturer's printed operating and maintenance instructions
g. List of original manufacturer's spare parts, manufacturer's current prices, and
recommended quantities to be maintained in storage
h. Other data as required under pertinent Sections of Specifications
4. Prepare and include additional data when the need for such data becomes apparent
during instruction of City's personnel.
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE
A. Provide operation and maintenance data by personnel with the following criteria:
1. Trained and experienced in maintenance and operation of described products
2. Skilled as technical writer to the extent required to communicate essential data
3. Skilled as draftsman competent to prepare required drawings
MCPHERSON BOULEVARD
CPN 102738
01 78 23 - 5
DAP OPERATION AND MAINTENANCE DATA
Page 5 of 5
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
8/31/2012 D. Johnson 1.5.A.1 – title of section removed
4/7/2014 M.Domenech Revised for DAP Application
MCPHERSON BOULEVARD
CPN 102738
01 78 39 - 1
DAP PROJECT RECORD DOCUMENTS
Page 1 of 4
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
SECTION 01 78 39
PROJECT RECORD DOCUMENTS
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Work associated with the documenting the project and recording changes to project
documents, including:
a. Record Drawings
b. Water Meter Service Reports
c. Sanitary Sewer Service Reports
d. Large Water Meter Reports
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
1.5 SUBMITTALS
A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to
City’s Project Representative.
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE
A. Accuracy of Records
1. Thoroughly coordinate changes within the Record Documents, making adequate
and proper entries on each page of Specifications and each sheet of Drawings and
other Documents where such entry is required to show the change properly.
2. Accuracy of records shall be such that future search for items shown in the Contract
Documents may rely reasonably on information obtained from the approved Project
Record Documents.
MCPHERSON BOULEVARD
CPN 102738
01 78 39 - 2
DAP PROJECT RECORD DOCUMENTS
Page 2 of 4
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
3. To facilitate accuracy of records, make entries within 24 hours after receipt of
information that the change has occurred.
4. Provide factual information regarding all aspects of the Work, both concealed and
visible, to enable future modification of the Work to proceed without lengthy and
expensive site measurement, investigation and examination.
1.10 STORAGE AND HANDLING
A. Storage and Handling Requirements
1. Maintain the job set of Record Documents completely protected from deterioration
and from loss and damage until completion of the Work and transfer of all recorded
data to the final Project Record Documents.
2. In the event of loss of recorded data, use means necessary to again secure the data
to the City's approval.
a. In such case, provide replacements to the standards originally required by the
Contract Documents.
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS
2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED]
2.2 RECORD DOCUMENTS
A. Job set
1. Promptly following receipt of the Notice to Proceed, secure from the City, at no
charge to the Contractor, 1 complete set of all Documents comprising the Contract.
B. Final Record Documents
1. At a time nearing the completion of the Work and prior to Final Inspection, provide
the City 1 complete set of all Final Record Drawings in the Contract.
2.3 ACCESSORIES [NOT USED]
2.4 SOURCE QUALITY CONTROL [NOT USED]
PART 3 - EXECUTION
3.1 INSTALLERS [NOT USED]
3.2 EXAMINATION [NOT USED]
3.3 PREPARATION [NOT USED]
3.4 MAINTENANCE DOCUMENTS
A. Maintenance of Job Set
1. Immediately upon receipt of the job set, identify each of the Documents with the
title, "RECORD DOCUMENTS - JOB SET".
MCPHERSON BOULEVARD
CPN 102738
01 78 39 - 3
DAP PROJECT RECORD DOCUMENTS
Page 3 of 4
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
2. Preservation
a. Considering the Contract completion time, the probable number of occasions
upon which the job set must be taken out for new entries and for examination,
and the conditions under which these activities will be performed, devise a
suitable method for protecting the job set.
b. Do not use the job set for any purpose except entry of new data and for review
by the City, until start of transfer of data to final Project Record Documents.
c. Maintain the job set at the site of work.
3. Coordination with Construction Survey
a. At a minimum clearly mark any deviations from Contract Documents
associated with installation of the infrastructure.
4. Making entries on Drawings
a. Record any deviations from Contract Documents.
b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the
change by graphic line and note as required.
c. Date all entries.
d. Call attention to the entry by a "cloud" drawn around the area or areas affected.
e. In the event of overlapping changes, use different colors for the overlapping
changes.
5. Conversion of schematic layouts
a. In some cases on the Drawings, arrangements of conduits, circuits, piping,
ducts, and similar items, are shown schematically and are not intended to
portray precise physical layout.
1) Final physical arrangement is determined by the Contractor, subject to the
City's approval.
2) However, design of future modifications of the facility may require
accurate information as to the final physical layout of items which are
shown only schematically on the Drawings.
b. Show on the job set of Record Drawings, by dimension accurate to within 1
inch, the centerline of each run of items.
1) Final physical arrangement is determined by the Contractor, subject to the
City's approval.
2) Show, by symbol or note, the vertical location of the Item ("under slab", "in
ceiling plenum", "exposed", and the like).
3) Make all identification sufficiently descriptive that it may be related
reliably to the Specifications.
c. The City may waive the requirements for conversion of schematic layouts
where, in the City's judgment, conversion serves no useful purpose. However,
do not rely upon waivers being issued except as specifically issued in writing
by the City.
B. Final Project Record Documents
1. Transfer of data to Drawings
a. Carefully transfer change data shown on the job set of Record Drawings to the
corresponding final documents, coordinating the changes as required.
b. Clearly indicate at each affected detail and other Drawing a full description of
changes made during construction, and the actual location of items.
c. Call attention to each entry by drawing a "cloud" around the area or areas
affected.
MCPHERSON BOULEVARD
CPN 102738
01 78 39 - 4
DAP PROJECT RECORD DOCUMENTS
Page 4 of 4
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7, 2014
d. Make changes neatly, consistently and with the proper media to assure
longevity and clear reproduction.
2. Transfer of data to other Documents
a. If the Documents, other than Drawings, have been kept clean during progress of
the Work, and if entries thereon have been orderly to the approval of the City,
the job set of those Documents, other than Drawings, will be accepted as final
Record Documents.
b. If any such Document is not so approved by the City, secure a new copy of that
Document from the City at the City's usual charge for reproduction and
handling, and carefully transfer the change data to the new copy to the approval
of the City.
3.5 REPAIR / RESTORATION [NOT USED]
3.6 RE-INSTALLATION [NOT USED]
3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED]
3.8 SYSTEM STARTUP [NOT USED]
3.9 ADJUSTING [NOT USED]
3.10 CLEANING [NOT USED]
3.11 CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION [NOT USED]
3.13 MAINTENANCE [NOT USED]
3.14 ATTACHMENTS [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP Application
MCPHERSON BOULEVARD
CPN 102738