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Home My WebLink AboutContract 55683-PM1PROJECT MANUAL FOR THE CONSTRUCTION OF TALON HILL, PHASE III City Project No. #102190 FID No. 30114-0200431-102190-E07685 X-26080,FILE NO. W-2636, IPRC 19-0143 Betsy Price David Cooke Mayor City Manager Christopher P. Harder, P.E. Water Department Director William M. Johnson Director, Transportation and Public Works Department Prepared for BYD TALON HILL DEVELOPMENT, LLC 1105 GLADE ROAD, SUITE 100 COLLEYVILLE, TEXAS 76034 TEL. (817) 228-7807 2021 A.N.A. Consultants. L.L.C. 5000 Thompson Terrace Colleyville, TX 76034 (817) 335-9900 TBPE Registered Firm No. F-20 4/21/2021 CSC No. 55683-PM1 01 78 39 - 1 PROJECT RECORD DOCUMENTS Page 1 of 5 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 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 01 78 39 - 2 PROJECT RECORD DOCUMENTS Page 2 of 5 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 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 01 78 39 - 3 PROJECT RECORD DOCUMENTS Page 3 of 5 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised March 20, 2020 32 13 73 Concrete Paving Joint Sealants 12/20/2012 32 14 16 Brick Unit Paving 12/20/2012 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 32 17 23 Pavement Markings 11/22/2013 32 17 25 Curb Address Painting 11/04/2013 32 31 13 Chain Fences and Gates 12/20/2012 32 31 26 Wire Fences and Gates 12/20/2012 32 31 29 Wood Fences and Gates 12/20/2012 32 32 13 Cast-in-Place Concrete Retaining Walls 06/05/2018 32 91 19 Topsoil Placement and Finishing of Parkways 12/20/2012 32 92 13 Hydro-Mulching, Seeding, and Sodding 12/20/2012 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 33 01 31 Closed Circuit Television (CCTV) Inspection 03/03/2016 33 03 10 Bypass Pumping of Existing Sewer Systems 12/20/2012 33 04 10 Joint Bonding and Electrical Isolation 12/20/2012 33 04 11 Corrosion Control Test Stations 12/20/2012 33 04 12 Magnesium Anode Cathodic Protection System 12/20/2012 33 04 30 Temporary Water Services 07/01/2011 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 33 05 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 33 05 12 Water Line Lowering 12/20/2012 33 05 13 Frame, Cover and Grade Rings – Cast Iron 01/22/2016 33 05 13.10 Frame, Cover and Grade Rings – Composite 01/22/2016 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 12/20/2012 33 05 16 Concrete Water Vaults 12/20/2012 33 05 17 Concrete Collars 12/20/2012 33 05 20 Auger Boring 12/20/2012 33 05 21 Tunnel Liner Plate 12/20/2012 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 01 78 39 - 4 PROJECT RECORD DOCUMENTS Page 4 of 5 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised March 20, 2020 33 12 11 Large Water Meters 12/20/2012 33 12 20 Resilient Seated Gate Valve 12/20/2012 33 12 21 AWWA Rubber-Seated Butterfly Valves 12/20/2012 33 12 25 Connection to Existing Water Mains 02/06/2013 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 33 12 40 Fire Hydrants 01/03/2014 33 12 50 Water Sample Stations 12/20/2012 33 12 60 Standard Blow-off Valve Assembly 06/19/2013 33 31 12 Cured in Place Pipe (CIPP) 12/20/2012 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 12/20/2012 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 12/20/2012 33 31 22 Sanitary Sewer Slip Lining 12/20/2012 33 31 23 Sanitary Sewer Pipe Enlargement 12/20/2012 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012 33 39 10 Cast-in-Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 Fiberglass Manholes 12/20/2012 33 39 40 Wastewater Access Chamber (WAC) 12/20/2012 33 39 60 Epoxy Liners for Sanitary Sewer Structures 12/20/2012 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 12/20/2012 33 41 12 Reinforced Polyethlene (SRPE) Pipe 11/13/2015 33 46 00 Subdrainage 12/20/2012 33 46 01 Slotted Storm Drains 07/01/2011 33 46 02 Trench Drains 07/01/2011 33 49 10 Cast-in-Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 34 41 10 Traffic Signals 10/12/2015 34 41 10.01 Attachment A – Controller Cabinet 12/18/2015 34 41 10.02 Attachment B – Controller Specification 02/2012 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 01 78 39 - 5 PROJECT RECORD DOCUMENTS Page 5 of 5 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised March 20, 2020 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 41 30 Aluminum Signs 11/12/2013 34 41 50 Single-Mode Fiber Optic Cable 02/26/2016 34 71 13 Traffic Control 11/22/2013 Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements END OF SECTION ao.�ias o.�r. niu vka�osnt. r�� i ��ry SECTION 00 42 43 Developer Awarded prvjects - PROPOSAL FORM UNIT PRICE BID Bidder's A lication Project Item Information Bidders Proposal Bfdlist Unit oT B[d Item Na, pescription Specificatfon Section Na. Unif Price Bid Value Measure Quantity "a'c' 33051� LF 1,4 2 3311.pp01 �uctile Iron Wa1er Fittin sw! Rastraint 33 11 11 70N R. 3 3311.0261 8" PVC Wafer Pi e 33 11 12 LF 1,4 4 3312.000i Fire H dranl 33 12 40 EA 1 5 3312.Oi 17 Conneclion to Existin 0."-12" Wafef Main 33 12 25 Eq p 6 3312,2pp3 1" Water Service 33 12 10 Eq 4; 7 3312.3003 B" Gate Value »,� �� -A ., $ Burnsco Construction, Inc. CiTy [,1�� URT l�'pRTFI 57.4NU.'iRD CONti}'kl]CTIOiJ SAF,CIf ICATlON CIlJCI14�:M5 - DG VF.I.f)YLR A54'ARUFE) PK�1lL4T5 T.4LOIJ HII.L PHASE III Farm Vcr3inn A;�nl 2, '01 J Gi[�'YrajcclA'IU279Q W 42 43 DAP-nfDpROPOSA�- Pagc 1 of 1 5ECTION 66 42 43 Bumsco Construction, Inc CIiY UT FURT WUR71f STANnAR�7 OONSTiIUCTin.\' SPECIFfCAT3pN �OCI;M[NTS - aEV C[�PER A WARDE:D PROJCGTS TAL(7N HRL PHASt: III Form Vcrsion Apr7 2, 20i4 Ci71'roject �+102! 9� Deveioper Awarded Projects - PROPOSAL FORM �II32 i3 fJnY- HID I'NOYOSAL Fugc J nfG UNIT PRICE B�D Bidlist Item No. 305.0109 Trench 5 343.0302 3�" RCP 349.SOp3 20' Curb 349.1005 30" Flare 137,0104 Medium Descripfion SECTION UO 42 43 �eveloper Awarded Projects - PROPOSAL FORM Bidd�r's A licatiar� Projecl Item Information 6idder's proposal Specification Section No, Uni! of 8id Measure Quantily Unit Price Bid Value VNIT ill: �RAlNAGE IMPROVEMENTS 33 45 10 LF 54 $ 1.00 $ 54.D0 33 41 10 LF 54 $ 125.00 $ 6,750.00 33 49 10 EA 1 $ 7,900.00 $ 7,900.00 . 33 49 40 FA t c � ann nn ¢ � vnn nn 21,654.00 Burnsco Canstruction, Inc. CSTY [)1� I�ORT �40kTF[ 57'r4�1UARb CO\51 [211CTI013 SI'F.CI]�7CATION DI)C�IhFLTITS - fJ�VI;(pp[R.A44ARflE;U PROJF.c'A'S I ALONHII l. plIA9L' IR Porm Vcrsioi� April 2. 20l Y Qn' P[qeG q 10±] Ju lq 42 43 ➢,11' - 61� 3'�LppOS,SL �aµc q of 6 UNIT PRlCE BID 8rdiist I#em No. �escripiion S�ecification Section No. T 29 4 13 20 13 20 Bidder's.A lication Bidde�'s Proposaf Unitaf Bid 4easure fluantity Und Price Bfd Valua .as SECTION OD 42 d3 Developer Awarded Projects - PROPOSAL FORM Protect liem information ��'//� --� �� l� Z� C r� � STsyraTs�r M�n�xQrr corrrx�c��, i.p a . CITY fJl� I�ORT WURI'H 57'A?]DMDCf]NS'fRIJCI'I0�16�CIp]C.A'I'iC]IV f][x�UMF,�J'1'S - I]TVliLCN'R2 qWARnLD pHO.[FCTS i'u}m V�rhonApril^_�0]4 //�� TA7.ONfiILi. PIIAfi�:'II C'ih� 3'�ujvc� p 1021 G[1 ('U •i2 47 I1Ap -R[F) PROPOSAL Pagz 3 nl G UN[T PRICE BID Sid list itam IVo, 1 2605.3015 2" 2 34d1.3050 Fi 3 3441.33�1 R� Descriptiort im TY 1 Arm SECTIQN 00 42 43 Oeveloper Awarded Projecis - PRDPOSAL FORM Bidder's A lication Project liem Information Bidders Proposal Spec�cation Section No. Unit of Bid �� price eid Value Measure Quantiiy IJNIT V: STRE�T LIGHTIEVG IMPRQVEMENTS 26 D5 33 EA 645 516.00 $ 10,32C l watt ATBO Cobra Head 34 41 20 EA 7 5235.00 S 1 64E 34 49 20 EA 7 51.050.OD S 7 35C 3449 20 �A 7 $1,488.00 S 1041E 344120 EA 7 5260.00 $ 1,S2C $ ��,�zt Blake Menapace Operations Manager C&S Utility Contractors, Inc. GI7Y [lF �nRT R'1lR'IH SFANIIAIt� CU�51'Al'Cii(7N SPk:CI3�ICA7ION 9C)Ct%MFNTS - DE VLLS]Y�i: AWFuiUEU 1'Rf11LCTS T.�I.(7N :-IILL YHpSt' :Ii form Vcxsi�n Aryrl 2.:.�114 �iS' �'i�Ju[+lID319� 0042 q3 IJAP - Bll] 1'Rl]I'V SAI. !'agc 6 nf 5 secno� o-a az as fleveioper Awarded Projec{$ _ pROPCJSA� FQRM UNfT PRICE BID Bidder"s A lication Project ktem Informatlon B3dder'S Proposal Bidlisf item No. Descripiian SpeCification SeCtion No. �ait of Bid Unit Price Bid Valcie �Aeasure Quantiiy 2 99 99 99 93 99 99 S ��'— � '� `�- 3 �� / �, �� C � � �dT �Q�/ / _.. . - ��:�-- � . v:�,. :� . , .. . _ McM�-iON CONTRACTTNG, L.P, f w,�. . �.. :� � ,_ -..� _... Ci3 Y oF �C)R'I" WORTIL 4'T,SNDA[ti]GONS'1I211CTiOlti SPP.C]PIC.4'fl(NJ i)OCUMF:V'I'S-Di;VFI.OPLR nWARUG� PA().lIiC78 Fmxx: vcrsinn ApriE 2.'Ola T.41,ONIIILi, PlIhSF. IIl aq� v��e�� riuzi�ir UNIT t: WATER IPAPROVEMENTS BU sco ConstGuc#ion, �i1C 4�3 wOr�Clfl� d3}/S r UiVIT 1I: SANlTARYSEWEft IMPROVEhS�lVTS /� �� UNiT 314: �RF11N{tGE tMPROVEGiEI�liS f � � � _ .:��.�,a ,.-- - ...,_ .. Ul�ili IV: PAVlNG Iti1PROUEh1ENTS L1NlT V1: STREE7 NfudE SIGN lMPROVEMEN75 aF�a� racting, �.P � 40 Working Days uNIT V: STREES LIGHTIHG Ih1Pft(}VEhiENTS Ci�cS Utl�ilj/ �OnEfaC�OfS, lI1C 20 Warking Days tL+z+) u,�r.3nn rAnfosnt r,{e � of I c srYOF toar}1Y�nn� SThtiS1AR1YCf7��TRl'CTI�� S�Ff iF��'�5Fi1]V li(Il l�\tY\T] � 117 VfEUYCRh15'ARDFhi'IN1�l'( TS TAI.n\ i�il �, P1�A5I.In FtK�� Vci.:�.5reil _� I8E-0 ['r,� Pi��n[ ai9! 159 secrior� oa ax a3 DaveSopar Awardnd Projecls - RROADSAL FORh1 CITY OF FORT WORTH TALON HILL, PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT #102190 From Version September 1, 2015 MCMAHON CONTRACTING, L.P. (PAVING, AND STREET SIGN IMPROVEMENTS) 00 45 I 2 DAP PREQ[1AL[FICr1TiON STATE�[ENT Pege 1 of 1 s�cTioN oa a� Yz DAP — PREQ[1ALIFICATION S'I'A`I'BMENT Each BiddeE• is req�Eij•ed to complete the informatiotl below by identifying the prequalified co�itractoi•s anc�lor su�contractors whom they intend fo ��tilize for the �najor work type(s) lisfed. I�� #he "MajoE• Work Type" box pro�ide the complete majoi• work type and actual desca�iptioi� as provided bv the Water Deparimenk fo�� water ac�d sewer aElci TPW foi•.pavin�. Major Wo��k Type ContractorlSubcontractor Prequalification Com an Name Fx irafion Date 8" Wastewater New Developmetit Open Cut Blll'i15C0 COl7Si1'IIC�IOri II7C. OGI3OIZO2 � 8" Water New Develo ment O e�f Ci�t 6" Concz�eke Pavin McMahon Cont�•actin , L.P. 07/Oi/2022 Stor�n Drain Im ro�ements Bur��sco Construclion Inc. 06/30/2021 Street Si n Im rovements McMahon Ca�tractir� , L.P, 07/01/2022 Street Lighting In� roveinents C& S lltility Ca�rtractors, I►�c. 03103/2b22 The u«dersigned hei•eby certifies that ihe co��iractars and/or suUcor�iractors described in the table above are c«r�•ei�tly �}reqEialified fa1• the work types listed. I3IDDER: McMa11oi1 Co�zt��aciing, L.P. 3019 Roy Orr Bl�d. i'ort Worth, TX 75050 �131'I1SC0 COIIStt'UCi1017 E11C. 6331 Sotrthwest Blvd. BenE�rook, TX 76 ] 32 C& S Utility Contractors, Inc. 6705 High��ay 287 AE•lington, �'X 76001 BY: / (Signatiu•e) TITLE: _ f j/�GI�j(Q p,�L . _ DATE: �� -�� . : � T[TL�; DATE: (Signat�ire) BY: TITLE: DATE: (Sig��ature) �Nll OI+ S�CTION CfCYOfFORT1�'ORTf[ 004512_PrequaliicalionStalemenl2015 nAP.docxfomi STANDARD CONSTRUCTIOi 1 PRHQUA[.IFtCAT10� 57ATEA[ETdT — DEVE€.OPL'R A1V.+.RUG6 PR046CT5 "falon Hill Phase 111 Fonn Version September 1, 2015 City Project t1102140 w�zi; UN-DIU PILOhORAL P�4of6 IJNIT PRICE B�D Bldliat item �30. pasuiptbn sscriaN oo az aa Oevehper Awarded Projacts - pROPOSAL FQAM Project Ilam iniwmation Bidde�s Proposal Specificatfon SecUon No. � Unit uf � Bia l ilr�it Price I BIQ Valua Measure Quantlty .BB ��'//�'-x�- �r �I � �L � t � L.JTf2tAr�� _ .._ _ . ......,.. . . .- . . ' McMAHON CON�'RACTiNG, L.E , • a . �. errr �� fnur ctix�ani srAM?hNll[YxV5YRIlCFici�} SYF�;CIFII'A71�T4 i%�LUAfF3Fis - D[iV! Wl'ER AwlUifkl� PXf�71CTs >'wm Yn�im A}yi12.I01i �/ �/ Bidder's T0.l.cIN {III.L PIIASC ill Ciry- Nroj� / IG2[SO P)�»il U.1r -111u 17{()1'USN. YaFc f+.>f l. SECTtON OU 42 43 DeVebpar Awarded Projects - pROPOSAL FORM UNIT PRICE BID Bidder's A iication Projecl Hem Iniormallon Biddefs Praposal Bidliat Ilem No. �escriptlon Speaficalion Seclion No. Unit af Bid Unit Pdce Bid Valua Measure Quanti�y 99 �.�" ` `� 3 /� .�� //�r� G r � �'ST �a�r // J�� ._.. .. ,.��--_ w „1 , _. �� -�'T', :. . . _ �. McM�ION CONI�tqCi7NG,�L.p � . •--a . _ ..; . � }.. .Y . +.t..:. . .• ' ' '"�.�..., - i,B8S.00 CITY f�� RMcf H'oRTli `.RnA'UAfil] CY�SINU[Tf�1.� 91'!'.CIF!['A7[�RJ pOCYf�n„`lSS. Oi VFJ.fN'S�R A WARPG) I'Fi�l�FC7G Fonn Vmz-�A�� ].20I1 TAI.�V FIII.I. f11A5f? III t5rf Ihn;m 91U2i�i� 017839-1 PI20JECTRECORD DOCUMENTS Page [ af 1 srcT�oN ao as z� CONTRACTOR C�MPLiANCE WITH WORKER'S COMPENSATION LAW Puesuant to '1'exas Labor• Code Section �106,096(a), as ame►tded, Contractor certifies that it provides workei's compensatio�l insui•ance coverage for al[ of its er3�ployees en�ployec� on City Projeck No. I0.2I90. Contractor fiu•ther certifes tl�at, piu•si�ant to Tezas Labor Coc�e, Sectio�� 406.096(i�), as amended, it will provide to City its subeontractor's certificates of compliaizce wifh worker's compensation coverage. CONTRACTOR: McMahon Contractingl L.P._ Company 3019 Rov Oa�� Blvd. Address I3y: Shawn McMation (Pleasc Pr' i Signati�r•e: Grand Pz�airie, TX 75QS4 _ CitylStatel7.iE� 'T'�-�� S'I'ATE OF TEXAS COUNTY OF TARRANT '1'ifle:. Manager (Please �'rint} BCFORE ME, the undeisigned authority, on tl�is day persor�ally ap�ea��ed �i(i[�t(H �/�,��/iGt�[� � , know« to ��e ta be the pe��son wfiose name is subscribed to tlie foregoing instrument, az�d acicnowledged ta me that he/she exectited the saine as the act and deeci of I�UMltyi,��l CdV1�A�'�Af h M• for the pttr�oses and consideration therein expresseci and in ilie ca�acity tizercin st�ted�.` GIVF,N UNDER MY HAND AND SEAL OI� OI��'ICE this 2�`�'1 day of _ �'�'j)�� , 20�. � o�,Rr pu�, SFiELL�Y MCINAHON Notary Pul�11c + y State of Texas �9leoF�`�}e �+,y Comm�Exp9e �a8 44•2411 Notary Publi in and f r the 5tate of Teaas �ND O�' S�CTION CITY OF PORT WORTFi STANDARD CONST[LUC770N S['ECIFICA'1'[Oi+! DOCUMENTS Revised April, 2014 r�rr,on� xrr.r., PH,�.sr »r Cl1'Y PRpJECf fJ102190 DOS20.3-1 L7eveloper A�vlyded Project Agrsernettt Page 1 af 4 s�cTroN oo sz �� AGREEMENT THIS AGREEMENT, a��thorized on is made by a�id between the Developer, BYD TALON HILL D�VELOPMENT LLC, autharized to do husiizess in Te�as ("Develape�"), atZd MCMAHON CONTItACTING, L.P. , autl�orized to do busi�iess in Texas, actit�g by aE�d ti�rougl� its duly a��thorized rep��esentative, ("Co�ftracto��"). Develope€� and Co��tractor, in co��side�•atio33 aFtl�e �nuti�al covena��ts iie��einaftei� set fortl�, agre� as faiiows: A��ticle 1. WORK Contractor silall com�lete a[i Wo�•k as specified a�� indicated in ti�e Contract Docu��le��ts for ti�e Project ide►Ztifed f�erein, Article 2. PROJECT 'I"he project for which tl�e Work ��uder the Co�itraet Doc�►me��ts may be ti�e whote oi• only a part is generally dcsc►•ibed as follows: TALON HILL, PHASE III (Pavii�� Imp�'aven�e�zts) CITY PROJ�CT #102190 Arficle 3. CONTItACT TIM� 3.1 i'ime is of tl�e esse��ce. All time li►nits far Milesto�zes, if any, and Pi►�al Accepta�ice as stated in tl�e Contract Docume�tts are o#'tl�e essence to this Conh�act. 3.2 Fina[ Acceptance. Tl�e Work will be co�nplete for Fina[ Acceptance within �10 worki��g days af�er the date when t[�e Contract Time co��mences to run as provided in Parag�•aph I2.04 oFthe Standa��d City Co��ditians of the Construction Contract for Developer Awarded Projects. 3.3 Liquidatecf damages Contractor recog��izes tlaat ti�t�e is af tl�e esse��ce pf this Agreement ant[ tl�at Developer will sL�fFer fia�at�cial lass if the Wa�'k is not co�npleted witi�in the ti�nes speeified in Paragi•apl� 3.2 ahave, pE��s a►�y exte��sion tliereof allawed it� accorda��ce wit[� Artic[e 10 of tl�e Sta3�dard City CondiEiot�s of the ConstE•uction Ca��tract fo�• Developei• Awarded Frojects. The Contractor also i•ecognizes the delays, expense a��d difficult'tes invoived in proving in a legal proceeding tlie actua[ lass s��ffe�•ed by tkie Deve[oper if tl�e Work is not campleted on time. Accordingty, i��stead af req��iring a�ay sucl� proof, Con#�•acto�� agrees that as liquidated dan�ages foi� delay (but not as a pe��alty}, Co��t►�acto�- sltall pay Developer _Five Hrrj�dr�ed Dolltrl�s ($500. 00)) fa�` each day th�t expires after the ti�ne specified in Yaragraph 3.2 far Fi��al Accepta��ce u�atii t��e City issues tl�e Final Letter pf Acceptance. CITY OP PORT WORTH 'I'.ILpN HILL, PIf�1SE iIl 5"fANDARD CQNSTRUCTIOIV SPEC3FICATION DOCUMGN�S -- D�V�I.OP�k2 AWARD�p PkZOJECTS CITY Pk�f37ECT # 10219U Revised June E6, 2016 005293-2 Develaper A�ti�ar�3ed Project Agreement Page 2 of 9 Article 4. CONTRACT PRIC� Developer ageces to pay Cont��actor for perforinance of t1�e Work in aceprc�ance witl� tl�e Cant►•act Doc��metl#s a» amount in ct�i•��ent fi�nds of t�vo l�undred ei�l�ty-one tl�ousay�d five l��i�idred t�venfy-severi and SGl100 ($ 281,52'1.86). Article 5. CONTRACT DOCUMENTS 5. i CONTENTS: A.The Cont�•act Documents which compz•ise the e�iti�•e agi•eement between De�elaper a�id Contractor concer►�ing tlie Work consist of the follawing: 1. This Ag�•eeir►ent. 2. Attachmer�ts to tizis Agreement: a. Bid Forin (As provided by Developer) I} Proposal Form (DAY Versian) 2) Prequalificafion State�nent 3) State at�d Fede��al documents (project specific) t3. �I1S111'�I1Ci �,CD�D �al'El]ES� c. Payment Bon� (DAP Ve�•sian) d. Perfof•ma�ice Bond {DAP Ve�•sin��) e. Mainte��a►�ce Bond (DAP Ve►'sio��) f. Power of Attori�ey for the Bonds g. Woi•kei's Compensation Affida�it h. MBE and/or SBE Coinmit�nent Form (If �•equired) 3. Standard Ci�y Gene�•at Conditions of the Co�fsti•uction Contract for Developer Awarded Prajecfs. 4. Supple►�ientaEy Conditions. 5. Speciiicaiions specifically jnade a part of tlfe Conti•act Doc�t�nents by attach►nent o�•, if nat attached, as i��corparated by reference and described in the Table of Contents of t�ie Pf•oject's Co��t��act Doci�z�xe�its. 6. Drawi��gs. 7. Addeaada. 8. Docuir►enta#io�� submitted by Co��tracto�• prio�• to Notice af Awas�d. The fpllowing which ��lay be deliverec� pr isst�ed afte�' tlte �ffective Date of tlte Ag��eet�ae��t and, if issued, 6ecome an incorpo�•ateci part of the Cont�•act Doc�tments: a. Notice to P�•aceed. h. Field Orders. c. Change Orders. d. Letter of Fi�al Acceptance. C[TY 01� FORT WORTE3 1'�1 L01V HICL, PHr15E Ill S`T'ANDAF217 CON51R1JC7"CON SP�CiCICA`C10N T]OCUMEN7'S -- C3T;VE.L�PEFt AWAR��D PROIF,CTS C]TY PROJECT #[02140 Revised June l6, 2015 005243-3 Deve€o�er A�varded Projecf Agreement Fagc 3 of 4 Article G. INDEMNII+ICATION 6.1 Cantracfor co�e�iants a��d ag�•ees to indea�a��ify, iaold laax•ruless az�d de�'ez►d, �t its owa� ex�ense, #��e city, its of�cez•s, se�•v��ais a�td e�riployees, f�'OIi1 ryIl(i �g1111Si �lil� �liti ��l Cl�lIIlS �fl�ising out of, o�• allegec� to a��ise oi�t of, tlae wo��l� and se��viees �v �ie pei•f'or�nec� by tlie contractor, its of#"icers, agents, eritployees, si�beay�tr�ctors, licenses oY• invitees r�nder tl�is co�itracf. Tliis ii�dc�nnificafion �a�pvisiaai is speei6eailv intendetl ta nperate ar�cl be effeetive even if it 'rs alle�ecl o�• praven ttiat all or soine of tlie c�ama�es bein� soi��it rvere caused, in ��l�ole or in part, by any act, OII115SIOII oi• ne�li�ence of t�ie city. This i�idenuiity �rovision is intendecl ta include, �vif�iout limitation, i�tdemnify foi• costs, expenses and legal fees inct►rred by tke city in ciefe�ding agai�ist siicl� claia��s a�td c��ses of �ctions. 6.2 Contractor covenanis ��d �ga•ees ta i��demnify �nd laold laaa•naless, at its o�vn ex�ertse, tlie city, iis officei•s, servants a�id ezn�loyees, fa•oz�� d Rg�i��st �ny anc� a[l loss, d�znage o�• destl�i�ciio�� of p�•opex�ty af tlae city, a�•isi��g out o1', az� �Iiegetl to �rise ot�t o�, tl�e �vorlc a��d services to be per•faY•mecl by tlie cont��actoi•, its of%cers, agents, eniployees, si�bcantr�ctoi•s, licensees or invitees unc��r tliis cont��act. Tl�is 'raidemnification �rovisio�� is s�eci�callY intended ta operate �enci be effective even if it is alie�ec� ar pa•oven t�iat �lI o�� son�e af tiie dama�es bei�� sou�l�t �vere c�used, 'rn rvliole o�• iii pa�•t. by any act, omission or ��e�ii�ence of the city. A��ticle 7. MISCELLAN�OU� 7.1 Tern3s. Tez�nas ��s�d i�� tl�is Aga'��ne�at a�`e defia3ed i�� Article Co»struction Co��tz-act foz- D�velc�pe�` Awarded Pa'ajeets, 7.2 Assig��nent af Contract. of the Sta►�da�'d City Cnnditions of the Tl�is Agreement, ii�cli�ding all of tl�e Contract Documents inay �iot be assigned by the Contractor witl�out ti�e ad�aiiced e�:press w�•itte►� consent af the Developer. 73 Suceessois and Assig�as. De�elope�� a►�ct Contractoi• each hinds itself, its partners, s�icc�sso��s, assigE�s a►zd lEgal re�rese��tataves to tl�e other pai�ty lze��to, �n ��esp�ct to all cove�lants, ag�'ee�nents a��d abligations contained i�� the Coaat�'act Documents. 7.4 Severability. Any provision or pa�•t oF tl�e Contract Docun�ents I�eld to be imconstit��tio��al, �oid or ��nenforceab]e �iy a cqt�rt of con�petent jurisdictiort shall be deemed st�•icken, and all rc�naining p��o�isio��s shall co��ti�zi�e to be valid and biitding tipoi� DEVELOPER anc3 CON`I'RACTOR. "7.5 Governii�g Law and Ve�tue. 7'his Agreement, incl�Eding all ofthe Cantrack Doc�i�ne�its is pe��formahIe in tl�e State ofTexas. Ve��tie shall be `I'a�rant County, Texas, or tl�e Uj�ited States Distr[ct Court fpz• ilte No�-tlte�'x� Dist►'ict af Texas, Fort Wo�•th Divisio�a. 7.6 Ati�thoi•ity to Sign. Coz�t�-acto�- s��all attach evide��ce of at�tiloi•ity to sign �gi•eeme�ft, if other tl�an cti�ly alitllarized signata�'y af tlfe Cqrlt�•aeto�•. CITY OP FORT WORTH %'rILON HILC, P13ASE III STA�SUARD CO�ISTRUCTiON SPECIFICATION DDCUMEIVTS — DEVELOPEK AWARD[;D PItOJECTS CITY PROJECT N 102190 Rcvised J�Ene lG, 201b 4-28-2021 So�id No. �378254 OUGS?i-1 PROIIiC'[' RI;CORD D[3CUVSEN'fSGRf�URA1AS�fCii 13f)�!1) I'agc I u1�3 TH� fiTAT� O�"C�XAS COI�N"1'Y Q!+"CAH1tAN'l' SECTIO�! 00 G� 13 l'ERFOiti�iANCE B�ND � § iCNOW ALL BY TC-I�$� 1'R��NTSt § That w-e, __ NiCMAIION CONTRACTING, L,P. , kno��n as "Prii�cipal" herein ancl Colonial rin�erican CasualtJ� a��d S«rery Co�iz��ai�y , a cUrpo� ate surety(sureti�s, ii' n7are than one) ciuly autl�orized to do h4isiness iii Ihe St�te of Texas, �:i7otvn as '`Si�rety" heeein (��iiethe�• one or more), are heid and tir•i7�ly bound u�tto tlle Uevelo�ee, 13Yll TALON HILL L�CV�LD4'iYICN'I' LLC, atifhorized Eo do business in Texas ("Develop�er') anc� tlle Ciry af Fort Woi�[h, a Te.as i�unicipal corporltio�i ("City"}, in tl�e pen�l sutn ot; t�va i�utt[ired eielzn�-one tliousaitct five huRd�•ec3 hvenfv-seven fliid 861�OQ �281,527.8G}, I��vful maney of tlie Uriited 5#ates, to L�e paid in Fort Wortl�, T��•rant Coti«fy, Texas fo�' t��e payment af �v�ticl� stnn wef] nnd t�•u�y to be madejoii�tly unto tlie De��eloper anc� ihe City as c9ual obli�ees, �ve biizd oursekves, uur heirs, executors, �c�nti�ti5tratar�, successors �nd assi�ns,_jointiy anct se�e��liy, E]k'il1ly by these �rese»ts. WH�R�AS, De�eloper and Cify ha��e entered into nn Agreeine��t for the construction of com��i�nity t'acilitEes i�� the City of Fort Worlf� by a�lci thro�i�;�t a Commu�iity i�acilities A�reement, CFA NumE��• 2019-Q�98; aa�d WH�RCAS, the Pria�cip�l has �nlereci into a certain writl�n coi�l�•act �+�ith tite Deveio�er a�`�arcled �he day of , 20 �i 5 ��fhicl� Cont��act is he�•eby re�erred to a�}d made a part ]iereof for a1f purposes as if �'��lly set fot�th herein, to fiu��isli all materi�ls, ec�uipsnent laboc �i�c� otl�e�� accessories cietinecl by law, it� tl�� prosecutio�� of the Work, inclEiding any Cl�ange Orde�•s, as pro�ided f'ar in saic! Coni��ct desi�;nated as �'ALON HILL. I'HAS% IlI -- COFW Pi�oiect No. 1Q2190 [�OW, THER�FOR�� E1C COiiC�ti1011 O� iIl1S Ol)I1�1iIC117 is such that if the said Pri��cipal shall f�iihiully perform it ol�ligatio�is w7der tl�e Co��#raci aEld sl}akl in all E�espects duly and faitftfiil�y pe�•f'orii� tl3e Wor�:, incl�iding C;I�ange Urders, ti�ides- the L`ontract, acCol�c�in�tQ t11� �)la[ts, s�ecitications, and contraet dacume�its theiein refei�red to, a��d as �+�ell cEtn�in�; ac�y peeiod of extensian of tlie Cont��act tiiat i��a�� be gi•anfed o�� the part of tlte nevelnper ��I/nr City. Ihei� fl�is oUli��tion slisill �c a��d become null �ti�el voicl, otlj�a-wise to remaiii in Ful1 Farce �nd ei'E'cct, Cffl' OI' h(3R"i' S�'OH'fFf "fAl.Oi� l llE.1. P!!/153i I II 5'fll\'i)ARD ('I'{�Y Ci)��l"1�iUNS �- DGVELOI'F,R ANAItDEI) PRUJEiC t'S CI'I'Y PI�OJECI" tl I(r2191) ldc��iscd.l:uinnry +1,2012 {1f7G12i_2 PRQIfiC'l' Rf:CI)RI] UOCU\41i�t'fSE1�1�01211dA\"Cti I3QND Paac 2 0l'3 PROV�D�ll �'URTHER, thlt if any Eegal action be fEled aEa this Bond, ven�:e shall lie in T�rra�it County, To��s or the United St�tes District CuurE far tlle Northern District of Tcs�s, �OE'C WO1'�El �]VIS1011, T'his hniid is �nade and e�ecuted i�� campliartce with tl�e �rovisions of Cl�apte3• 2253 of tl�e Texas Gave��r�ment Coc�e. as a�»e��ded, a��d all EiaUilities oii this boncf sl�all be deter�i�ined i�t accoE�dance ��ith ilte provisions ofsaicl stati�c, IN WITNE$S WHERCOF, the P►�incipal and the 5�trety have SiGNED at�d SEALED this i��stru�iie►lt by duly �utliorizec� agents and oftice�s o�� this t�ie ��" day of , 20�I . PRENCI PAL: 141C��IAHO� CON't'CLACTiNC, L.P. �r ATTEST; gy• .""r � � 5ignatiire � � Sl�ativ�7 ii�IcMalto�}, M� (PrinCipa]} ec�'eta�'y N�i�ie and Title Acfdress: 3U I�) f�o � Orr Bl�d. Gr�tnd �'r��irie. T?i 75Q54 1'Jitness as to P�•incipal SiJC�ETY: Coloi�ial American Casualty and Sure[y Canpany ATTEST: �3Y ; -� . �„� Signature . -� �tra+��z�C.�.��'-.`� _._ (Surety} 5ecretary ..'�� it�tess as to St�retv RobUi Morales, Atto��nay-i�i-fact Nai��e and Titie Address: SQOS LE3J I�reetivay, Suite f SOD Dallas, TX 75244 Tel�pltone Nwnber: 214/989-0000 'iNole: Ef'sipt�ed b)� an office�� oftize Surety Cai�j��a�pr, [IlCI'C ilikl5l UC; pll file a certified estra�� f'rum li�e b}�-1a�1�s sho�vin� that this peison lias H�athot�icy to si�;i3 suclt o�li�ation. !f Stireiy's �}hysic�l adciress is c�if'fe�•ci�t ti•rn�� its maifing ac�dr�ss, l�uth �nt�st be prov�ded. �'hc datc ot'thc boi�cl shal l not l,e E�rior ta the date the Cont��act is a.��arded, Ct'l'Y OI+ I�L)R f' 1VpR'I'I I 'I'Al.ON ! IILt. P11A51i !11 Sl'ANUAl2DC]'I"Y Cf)\bl�I�IONS—Df:VLLOP�R A11'nRUE:I) PR(7JkC�l'5 C]�I�Y Pl�l)iliC'I'# ID�i°3{1 Etc�•iud ,iiu�uun� 31. ?,[712 8oiid No. 9378254 TH� �TA'F� OI� T�XAS COUNTY OF TARRAIVT 5LC'1'fON UO 6Z 14 PAYM�NT B01VD no �� - i I'RO![.:CT [21:COItf� i](X'111�E1:�'I'S P.ige I nl'2 § � I[NOW ALL BY TII�S� YR�S��sTS: § '1That we, A�CMAHON CO�ITRAC'f iNG L.P. , kno4vr� as "Principl�" 4zerein, aslc� Gafo��ial Americaj� Casu�lry and Su►•ety Company , a corporate siu•ety ( or siErelies iFi�iare than oi�e), dufy authorized to do business in the State ofTexas, k��own as "Surety" het•ein (��hether o»e o�• more), ai•e I�cld and fii�En[y boui�d �mto the De��eloper, �iYD TAL�1�1 HILL D�V�LOPM�NT, LLC . , alltll0i'1"L�[I 10 CIO �}USllle55 IIl �Ie\�$ "(Devefapei''}, and the City of FoE•i Woi�tl�, a 1�ex�s muniei��al Corparation ("C'ity"), in �I�e pei��l suiz� af'hvo hnndrecl ei�htv-one fhous�ncl five ht�ndreci t�vent -seven and 86/100 (� 281,527.8G1, la��fui money of the C�nited 5[�tes, to be �aid in Fort 1Uortii, "farrant Coui�ty. Texas, for tl�e paym�nt of ��vhiclz s�n�� wel� anci truly �e madejointly wlto ihe Developee and t€Ze City as c�ua! obligees, �ve bind owselves, our hetrs, exectEtors, adtt�i»istrators, successois and �ssigns, joinfiy and seve►�ally, �r��l�� by these �rese3�ts: V1'HERCti,S, Developer and City itave eiitered ii3t� an Agree3nei�t for the const3•►ictio�� of cost�tn�uiity tacilities in the City ofi Fort Work�i by and thraugh a Coinmunity Faciiities A�rcemant, Cl=A �Vtim�er 2019-U09� : aj�c� WHEItGAS, Principal li�s enterecE into a certaii� «�eitten Cantract witl� Developer, awarc�ed tlte ��day of'�� _, 20�, �yhich Cont�'act is hereby �•efe�•��ed to and macie a �art I�ereoF fo�` �711 pul'pose5 as if fitlly set fortl� he:•eiii, to fuenisl� all it�ateriais, equipi��ent, labor anc9 oTher �ccesso�-ies �s defi ned by la�v, Ill tll� p1'U50Clki101i Of't�1C ��01'IC �i5 j)I'OV]C�ed FDC Il] S7FC� Cbllii'c�Ci all[{ [�@54�;llr�le[I as TAI�ON HII,L PHAS� I�I -- COFW PR•o'ecl No, ]0219D i�OW, TH�R�FOR�, 'CI-[� CONDITiON O�' TE-E15 (�BL�GA`i'lON is si�ch that ii' Princip�l shafi �aay all manies o�ti�i�� to any (aEtd �II} pa��rnent E�o��d be«eticia�y (as defi��eci En Chapter 2253 of the "�e�as Go��es•Eimeti�t Code, as �rnended} in tlie praseciitiUEi of the Work iuider tl�e Contract, ti�en tfiis obligatiw� shali �e and hecrn��e ntjll �ncl voicl; other�t�ise to re�i��in in flill force and ef�feGt, �'his bond is an�de and executed in compfia��ce �vith the ��rovistons of Chapte:� 2253 of tiie "fe�ns Governrnei�t Gode, as �menc�ec�, and �II lia6ilities c�n this bond shall be deter�nined in aecordanee �vith tl�e ��rpvEsions of said st�tt�le, Crr`� or- i c�u�r �v«u�rii r,�i.{�� il.�. P�insi: fi� S'1'��lDARI)CI'I'YCUNpi'!'[O\S-!)IiVlil.Oi'I�:RA11'�1RDEif)PitO3f_C`f5 CfTYI'ROiI'.C'!'1S i(1�19U Revis�J .lillliliif}' 3I. �UI Z f1:D G{ ?j . 3 PIi01FCl' [tEC()R!] !){7C'l1'vSl�i�"I'ti I'iigc' nl'2 IN WI�'NCSS WHGRCOC, tEie Pr�ncipal and 5urety Ifa�e eac1� S1GN�D aitd SEALED tltis instrufnent Uy duly autl3orizec� agents and officers oiz this ��i�__; .� c{ay af �}�h � 20 ( ` . ��r A'I"f'ES�I': t {Princi�al) S ret�a•y Witness as ta Princi��al nTTFsr: . , � � ,�.., (Sui•et��) Secretaj�y PRINC�PAL: ,Y1Cti7A1iOfV COi�'iRACTiNG, L.P. � 81' : Signat�u�e _ Sha�in McM2hon, Ma»ager l�ame �nd Titke Address; 3019 Rov ar•�• Blvd. GraEid Prairie. TX 75050 SL�RF�1': Colonia! Auierica�� Casually and 8i�rcty Company �v. � : �iiF�.-�� . 5 ibii�tin�e RobUi Morales, Attorney-in-fact Name a�id Title � Address: 5005 LBJ Free�vay, Suite I S00 ' �allas, `I'X 75244 �t ess as to Surety Teiepltoiae �fiimbe►•; 214/989-OOflO Note: If sigiied kzy �t�3 officer ot t��e Surety, CIl�FC 117E15t I]Z OIl �I� 3 C21'r1tI�CI �\i1'c�Ct fl'UElI tlze byla�vs sho►ving that th[s ��e��san has a��thorily to sibr� sticl� obli�ation, If St��•ety's plt}lsical addE•ess is dit'ferent Fro��i its inaifing adtiress, bnt13 i�iusi be peovideci. The ti�te ot'tl�e 6oFid shall not be priur to the ctate the Contract is a�vardetl. �ND (��+ S�;CTiOn' C17'Y OP FOR'I�H+c)It'I'I I "1'ALU\' I[II.I. PI IAtili I!I 5'I ANIIAIlII C'['f Y CUAII)1'l'IUr36 — DGVGl.00[3[t i11VARDIiE� !'Rc)JIiC 3'S L'I'fY ]'ICUII:CI� f1 10� I�)(i f�c�ixd.l�uuiar�° 31, 2111� Bond No. 9378254 TH� S�'A"I'L OF T�XAS COUN'I'Y O1� TARRANT S�C7'IOIV OU G2 19 1AAlNTF,NANCE BOND nnr,? io \�tAf\ i'[_NANCG RUNl3 P.i�c I al'; § § I{I�O�V ALL [3Y 7'H�S� PRES�NTS; § Th�t �ve MCArIAHON CONTRAC�'INC, L.P. , k��o�vn as `'Principal" I�ei�Ein and Colonial A�tierican Casualty and Surety Company , a carporate surety (sureties, If more tll'rin plle) duly auti�orized to do business ici the St�te qf 7'exas, k��o�ti�n as "Suret��" ��ereiit (whetl�er o»e or �nore), a��e held and fir�nly bound �inro tlie Developer, IiYD TALOIlT H[I.F, nF.V�L�PM�NT LLC , autha•ized io do beisiiiess ii3 Tesas ("Developer") and the City of Hoit Wortfj, a Tcxas tnunici�af corpo�•atio�t ("Cit�+"), in t�le suin of ttvo liundred ei i�t -otie i}iousaud five l�undre@ hvc��t -seven ancl 86/100 {4 2gX,527_g6}, �an�f�il mo�tey oftile United States, to be p�id i�3 Fori Worth, T�rra�tt Count}�,'f'e.as, tor ��yment o�'+vliich st�m �veli and tri►ly be made joi��tly unto the Develo��er and the City as dual ol�iigees �nd tlteir s�rccessors, n�e bi►ul ourselves, our heirs, cxect3tois, adminislrators, successors and flssigizs, joii�tly sitd seve�•ally, fi��n}ly by tkiese }�resc��ts.pre�� WHEREAS, �evelope�� and City liave entez�ed Emo ai� r\�reement for tlse constructiaE} of con�muniq� facifities in the Citv of Fori 1�Vorth b�� ai�d tlirouglt a Cornmu�iity l=aci3i�i�s Agreeme�lt, Cf�A Nitmber 2D19-0098 : aild WH�R�AS, Ehe PE'ii�cipal has ecitered into a ceetaiEi ��ritten coi�tract IVIfIl f�1C DCYCIp�)�I' a1YaPfI�CI t�ie� day of , 20 �� , wfi9cE� Cotth-act is hereby referrec! �o a�tc� a mar�e part �ie�•eof tor all p�Erposes as if fuily sct fort� �tierein, to furnis�z ail m��teriais, equipmeilt labor ai�cl oil�er accessories as defined by la�►�, if� tlie }�rosecution of'the 1Vo�•�;, inel�iding 1��y 1�%orlc restilting ti•oi�� a duly authorized Ch�»ge Orcier (coll�clively he��eii}, tlie "1��ork"} as pi•ovided for i�� SE11CI COEIiY'flCf a��d dcsi�nated as TALO�I I31LL PHA�E lIl — COrW Pa•o'ect �fo. 102�90, and WH�RLA�, Pri�ici�al binds itsell�lo use such materials and to so canstr�3ct the Work in aeco�•dance ivitl� tl�e �31ans, speei�icatio��s and Coilt��lci Documei�ts tl��t the 1A•'a•I< is ��sd ��rill i•eitlain tree fi•om dc%cts in materials or �vorkmaElship for aijd duri�ig the �eriod nf h�o (2) yea�•s after �kie date of Final Acceptance ot tl�e WorE: b�• tlte City ("Maintei�ance Period"); and ('!'i'Y Ui I�(3R'1' 11�{)R'!'I1 'I:•1L0\' HI[.L PI illSls !If 5'I'r1\UARf) CI'i l' C(}\'DI"f!t)�ti —�IiVEI.OPIift,�IVnfcD]:l) I'ii[),IIiC"I'S Cfl'Y PRO.IIiC'f fl I(121911 Rc�is��cl J�uitiiin = I. 2Ul2 Gti C,? 14 LEAI�!'fli\AA�cL Lt0\t] Vage 2 oF3 VVHCREAS, f'�•incipsl binds itself to i•epair or reconstri�c! tEie Work in �vEtofc o:• i� part upo» receivi��g nalice ti•osn the Develope�• a��dlor City of#i�e need tl�oreofat aiiy tii�e �vitl�in tl�e iVlaintena�jce Pe�•iad. �IOW TH�R�FOR�, ti�e co�tditiatt of tE�is obligatio�i is suc1� tf�ai i# Principal s1�a1I rei��edy at7y daf'eciive Wo�•k, for wl�iel7 titrsely i��tice ��+as pE�o�ricled by Developei' or Cily, to a enn�pEetio�} satisfactory to tlle City, ti��l tl�is obli�;ation shall Uecoct�e null ai�d void; �tl�erwise to:•e��ain in full force aE1d ef%ct. PROVID�D, HnWEVrA, if Pri�aci��ai sE�ail fail so to repair o�• recoj�struct �n}� tiinely iaoticed d�ie��P��e Work, it is ag��eeci tl�at the Deve3opea� or Cit}r may ca�Ese �'�ny anc� afl sucl� defective 1'�ot�k to bc repai€•ed ai�d/ar reconstructed �vitEt aif associated costs tliereof Ueiti� l�orne l�y the Prirtci�aE and ti�e St��'ety under tl�is A�iai��fe�tance F3o:id; and PROVID�D �'llRTH�R, ifiat ifany kegal action be iiled o�� tl�is Bpnd, ve��ue sltt�ll lie ii� T�rrant CQusjty, Texas or ihe Uniied Siates District Co��3•t tot' tl�e Noi�tliern District of Texas, �art Wo��ti� Division; and PRDVID�D FURTH�.R, that tl�is obli�atio�r sl�ai! �e co��tin�aous in nnt�irc ��d stEccessive reeovej•'ses n�ay be llad �ie�•eon #'or successive �ireachas. C]'I'Y OI� I Of{'I' �\jOR"E'H 't'ALD�4 HEI.i, Pi IASl� ili S'I't1ili)hRf) C1'l'1' C(]NDI'€'IOhS — i)I:v�:l.t)1'Eft R1YA€tE)L;U ['ItUJE:C'�t�S CCf1' €'k()J1:(;'i�r: 1i12f9(t Rcviscd )aaivar}� 3 E.2U12 t70 G3 !�} \1AISV'I'LNi11�Cli 13ONl) Pagc 3 a�l 3 IN WiTNESS N'HI;[Z�O�, tlia Pr�nci�ral and tl�e 5urety 1�ave each SfC�CD ��d SEALCD this iitstrumeEzt by dE�ly authorizecl agents and officers o,� ti�is tlie .��. cEay of i . 20�. A`I'TEST: � � (P�'incip�l) creiary Wit��css as to Priitcipll ATTEST: .��cx�. � ��..-�...__— (5�n�ety) Secreiar�� PRINC.Ii'RL: ,l7CiYIAElOf1 CO�iTRA T�NG, E,.P. / � 1`: Sign�ture Shaf��rt McMahon, M�tna Ter ��Ille Al]C� �f'1t�4 1�(i(II'�SS: 30 ] 9 Roy Orr• Slvd, Gr��ld I'eairie, TY 75 Si1RETY: Colonial AmeE•icai� Casualty a��d 5►u�ety Com�any BY• � A - Si�nature RabUi Mo�•ales, AEtorney-in-fact Nar��e ancf Title nddress; % 5005 LC3J rree�vay, Suite lSQO �� Dalfas,'1'X 75244 itness �s Eo S��eety Tele hone ��iur�ber; 21�4/489-OQ00 i4Note; I1'sig�ied by an ot�icer of ll�e Surety Gampa�iy, lhere ��iust be on file a certitied eatr�ct fi�o��i the by-]a�vs si�o��in� that tltis persan has ��tliority to sig�t such o6liga�ion. If 5urety's ��hysicai addeess is diiferen! from i�s 3nailin� address, �oth must be provitled. `f 1�e clate of tlje bo��d shaEl riot Ue �arior to the date ii�c Conteact is a�ti��i�dcd, �N[l Q�+ �CC'E'10[� Ci'fY O1� I��)12"I' 11'f)R'I'l l '[�Al.t)N liil.l. I'IIASIi lll 5�1'ANI)Ait1) C'i']'Y COT�IJI'I'IC)h5— Pf'.1+liLUl'lilt A1i�'Aldl]I�U E'RO,IiiC7�5 {'I'll' l�ftUJlC�i't; 1U�19O IZccI�tJ I:w��,it} 31.?Ili3 z€aitir.i� .�niriicc�t� i�su�iahc�, co,��A��- COI.OiV1Ai. Ail�iC,filt:Al! CASliAL7'l' ANI) SUi2L'i'Y CO�i�IPA\'Y [�IDI;i,l7'1' AND llI:l'(3S1"l' COi1ii'ANl' OT \�iARI'LAh`B POIVLR OI� A'I"I'OI2:V1:1' KNOI'V r1Li,. Mi;�l 13Y 'I'l IESfi PIZ[iSi1N'T'S: "1"t3n1 €he ZllR1C11 AM13►tICAN E3�l5URAT�CE C{)N11'AN� , is cc�rporatioi� of tf�c Stntc of l�ic�� York, il�e COL�OlV]AL A�VIEEZICAN CASfJALTY AI�I} SURE"I'Y CQA9PAIVY, � corporafio3� of tt�e Siate t�f Illinois, tsncE tlte �'IDEI.I'I'Y o1ND DL�'DSIT COMI'ANY 0�� MAitYLA�JI� a co��or:�tion of thc St��le ol' 1llir�ois (liercin callecti��ely c�tflcd tt�c "Ct�mp��r�ics"), I�y liobcrt �. �'Ilkl'i'N}','1'icc i'resitic��f, i�� pursEtance af autlio��ity granted 6y Article V, Section 8, of ihe By-1,a�vs o3'saicl Cwi�paE�ies, which msrc set Co�rth nn fhe reverse sicte t�et�eof and are hcraby certified to l�e in fEill fos�ce an[l eftect on Ihe dttte hereof, do hea-ehy tsufttii�ate, ci�stistiiute, and ap��oi��t Ricardo J. R[:l'A',l,'Civa 1[CG1L'AN, Doii [s. COR\'CC.L� Josh�aa 5�iU�DGIiS, ito6E�i linlZAl<I�S, Sa�►I�inic lilln`'I'I:Ii, Kcliy el. 11'ES'Cl3ROOK �tttd '1'on[C 1'1� Cl2e\iVC<;IC, r�lt of t)Hlls�s, "l'cras, t"sACI l, its hiie and lau�l'u[ agent and Allor��ey-iit-I�aut, ta �tteke, c:cecule, se�1 aE�d de[iver, for, �u�d a« iis UeE�alf as surety, and as its 3ci and cieed: any a�id ali lsonds and �mdei•t�lcin�s, and the e�ecutiai� oi'ss�cli bands or underta�i��gs in pursu�ice of these presents, sl�ail 6e as bii�ding i��o�z said Companies, as fully anck an��ly, to afl iE�feiits ancl ��urj�oses. �.s if ll�ey hnd i�een cEE�{y execi�ted and ackno��leclgec� hy tlie regul�u•Ip eleefed oi�ieers €�1'tfie "I..UItlC:E I AM�RiC:r11V INSI�[tAT�ICI; GOMi'rWY at i!s ofliee ii� Netv Yc�rl<, Neev Yorl;., ttie regiElarly elcctec� oliiears of tlie COI.ONIAl. nML"E2lCAi�1 CASUAI;I"Y AN[� 5lfit€;I'Y C(�ivtPtlNY �iI ils oflice in O��i��s Milts, Marylzincl., t�nel €l�e rvgularly elc:�ie�l n(li�er� uC iiEe 1'iD�LI`1'Y Al�lD DG3'OSlT CC)17i'ANY Oi� MA[2Yt,A1�D ��t its a(iice in O�vings \7ills, A4aryl;�nd., iu ilieir o�vfi prope€� ��e€�soi�s. "i'lie saicl Vice P��sidcnt clocs iiereby certify that the extr�ct set fi��•th oit the ��verse side i�ercnt� is � irtce co�y o('Ar•ticic V, 5ecti�i� 8, oP the I3y-E.nivs of said Cwnpni�ies, nnd is no�; ir3 1'orce. 1�1 W]'f'NE55 WHI;RI:O�', t1�e snid Vice-Pre,sident li�s heret�ntp subscriUed l�isllter E��tt�es a�ad a[Tixed tt3e Corporate Seals of tlte s3id :/�ti1iIC11 AiVIt3I�CCAr` 1N5LIRriIVC[: C(3i4'IPAiVY, COL(}1lIAL A1•tL1ZiCAi� C'ASIfAL"I'1' AN[) SliliT's'1'Y [;()i411'A�1', a��cl frll)T:I,I'1'Y A�{1) IIT:F'()SI'�' f'(7�'I�'ANl' (7T �7AT21'1,A1\l], this R`'' d�y nfNnvemE�er, n.b. 2019. � ��.,. � ,,4y;N lf?SVy+.yo, v alror thU'I�s�F �LQ-i P��irl'�(1� ►*�yhM � � :�? O, f�'� { U l� aP� ' ' �o-'. ��" �€3�ta � ;�� suaa fa=i y �tts �� =, �r ... _ ,r ��; 4 L �;,d' ��'Y•,�, �;�,..•,n A+n A'1'f t'sS'C: lUE2IC:1-1 Af1�IBRICAi\ I�VSi1RA�CF. C(?\i['r1�1' C�L(3N[Al. F1\Ii:ItiE:Af1 CA4llAl;l'Y AIVp Sillit,"l'V C;(l�4iF'A��' I'LDCLlTI'rLil'D DEF�SIT C0�4iPANY C)F �1.1itYi.A\I) _�—!� 13}�: ltabef•� U, ,t�lrrrraj, I'ice 1'i•esiden! � ��1-\.k:r<l�it.� � ��'f,f'�L7L - �� ] I3y: D�n��1� E. 13t•oivyi Serl•eta�3� Sfute of �iaryExnt[ Caunt►' of 13allim�rc [7« t��is 8[h day o� 1�ovc�nUcr A.D. 2019, i�cforc lhc suhscribcr, a�'ot�iry Pt�blic of ttie State pC Mnryland, duly� con�€nissianed and qualificd, Itobert t). �l�u•rny, ��i�c President Fil3({ D11VYn �. iil'05YiF, Secret»r�• of €ite COITt��13Ie5, IO 137C personally ki3rnv�� Yo he tlzc individi�ais and eztZiccrs t�escribed in anci �vlto execuied the g�reccdi�ig i��strumeitt, aia�i acki3o�vledged tiic executia�t oPs�nsic, and keii7g by me duly swarn, depnseth ac�d suitli, tEri€ he/sise is the saic3 ot3icer nf tlie CoEnpany ai'oresaid, and slint the scals a€'Ei�ed to die }�receding inslrinEienl are 41ie Car�}arate Scals of said Companics, a�x1 that the sijid C�3rparatc S�uls �Fid fhc signawrc os sucl� olliccr �vere cluly aR'i�ed end stEbscribed lo the said if�stnuiient by tlie n��tharity and directins; of ihe scti�i Corporatiuns. IN 'i'�S'E`I�viC]NY ��'1iEREL)f, f It;ive licreimtn set ��iy hu3}�3 and nt3i�e<i my Officifil Seai Ihe daiy ijnd y��r lirsl ahnve wriiteri_ ,``�,��37,riii;;'4 (/l�� '� 4' `�. �.fl! �'�� ': `-�Y � �`L�l'r'�',4-.. �� , f-�4 .i%.Mr-,,% - ��i �i1;' 7 �'.•n'�: ��;`_.��'b ,�;.�; '%� .i-. nn;�'•_,�: :: C�nst¢nceA. i]um3, Notnry� f'�a61ic �','s:�;;;':•' M C(311iFT11S540111,5 ires: .lul 9, 2D23 �, so��:'�` 5' P Y l+31i�]Sti�� EXTRACT FROM BY-LAWS DF TH� COMPANIES "Article V, 5cefioi� S, AttoEnevs-in-l�1e[. "l�lie Chief �xectiti�e Officea-, llie Pr�si�lenE, ur anp Excouti�e Vice Presideni ur Vice P�eside�31 ma)�, b�� wri[1en insli'uE11e3�1 ancier thc �ilestcd corpo3'atC sc1l, appoint tlNonteys-in-laCi �viil� autho�•ily to execule �DI3d5, policics, �rcc�gnicances, stipvl<�tios�s. undertai:ings, or o(her like inst3�iimc3its o�t belt�ilf of thc Cnntptmy, antl n�ay authoriie ��i�� oftieer c�t� sfny siich xUorney-in-lacl to .if[ik (Itc corporute se�l lher�lo: ttiid muy willi ur ��illtottt rti�se modily ol�revuke any such ttppuiitlroe3�t or ttull�orit�• t�9 t�it�� 1311C.�� C�RTIFICATE I, thc u��dei:sig��ecl, 5�crctnry of Il�c "LUR[Cl-I AVIERIC�IN INSURANCi� C011�IPANY, tlzc COl,OiJIAI, �1h1ER[CAT� CASUAI,'!'Y AND SUit[:l'Y C{)Iv1PANY, and the rIDEL]"fY AI�fD DGYOSf[' COfVlI'ANY OF MARYLAT�D, c!o 3icrehy ccrtify th�F the toi�c�oing Po�`�cr ut' Attorciey is still in liEil force and effect a�r ilie claie ot�lljis certi�c�ile; and [ cfa further certifj� ll�at Articic V, 5eclion S, of thc i3y- Ln�vs at'!he Ccsmpanies is slilf in fi�rce. 'I his Pon•cr of Attor�sey a��cl Ccrtificate it}�� bc signcd by f�csimil� ��nder �ind b�� 1ulhority ol'the E'olla�ving resolution of the Lioarc! of� Directors nflhe %EJRECII A�VIERiCAN INSU[tllt�lC� CO�\�ll'ANY at a mceting di�ly called �md hcicE on the 15th d1y of December 1998. RF,50LViiD: "'I hnt thc sigiankurc of thc Presidcnl or a Vicc Presidcnt ancl the �ttcsting signature of a SccrGa�}' or an Assist�u�t Secret�iry �nd llic Se1l o1'the Compaiiy may 6e atlixed U�• tacsimilc on 1ny Pon�cr of Attorney...Aiiy such I'o��er or ttiiy cerlilicate lliereof E�earing sucli I'aesimilc sig�inture and seal shnll he valicl cind binding o» Ihe Cumpa��y." 'Chis Powee ol'Attorney �nd Ceilificate mny be sigi�ed by f�csinule under aud by autk;o3�ity af ti3e I'ollo�viizg i�:so]iitio�f of Ific 13o.ircl of Directors of the COLD�[AL AivfL:RlCII�] CA5l�A1�I'Y AND SUR�'"I�Y C:O�II'ANY at a meeting duty called and held on the Stl� cltiy ai� A9ay, 19)4, anc! Ilie follo«�iif�; res�lulion of'the Board of Diractar� of Ilie �If3GI,T"1Y A�IU DI:P(151"�' COMPAAIY Qi� i�tAltYLA��II at a n�eeEing dul�• callcd a�ul hcld on thc 10t€� day of May, l990. RliSOi,VE�]: "'i7ia1 ihe fiesimite or �aieelatmic��ll}' rw�rc�de�eed sctj� of lhc cunz��ny 1nd f�fesi�ni�e or meehe�ieally reproduced signl[uii of�ui}� Vice-Presidcni, Secretar)�, or Assislant Secrelary pFthe C'amptjny, Sv[ielher m�jde herelof'ore �r he�-e��iier, whzreuer a��7ea�•ing u�io�i a ccrlilied cupy of �€ny pu�ver uf t�llurney isstied Uy th� Cvrnp�in}', shal] be v�dici �tnci bincisng tipon the Comp:iny t+�ith tfte samc I'orce a�xt cl7cct as Ihough minually a1'fixed. IAI'!'I�S`I'1V10NY 1[L'RL•'Ol�, I lia��e heretinto suUscrihed my iinii�c and aftixed the corpor��te sealsol'€he said Comp�snies, lhis _�,�}_�_ day c�f� . ��. � «Q olros�.. uy�I�u° ��,4.�• �tr�.�4{� 4T�°�rc', '�1��. o\m} puw� • a iAI 4G�� 11f '' ' d : a„ 1tt+ ` '"e 4�w t(!9B .��}� � «n� �?' � ,� ' * " T�.1' A7li +�.�.. �rqu��,a•� �- ��S`-�nn [�� 5��b� r j l3}: 13rian 141. Hodgcs V ice President TO R�PORT A CLAI�I�I 4'Vl`i'I-I HL"GARD `1'O A SUfl�.`I�Y BO�1C3, 1'LCASE SU[31�IIT A C�NIPLETC D�5CItlY'1'lON O�� TIIC CLA1�1� INCI.UDi�G Tf�� PRINCIPAI.., �N'Cl-IG [tOn`D, `['HC �30ND 1�U14iBER, AND YOUR CONTAC'T I�VFOR111A`�'[On 'I'O: Lin�ieh Surcty Clai�ns 1299 Zurich 1Uay 5clzatim�urg, I L 60 f 96-145G 11'IV�V.1'L'I)OCi5 fC� R1I115�1�%EII'IC�111i1.00111 500-(2C-4577 � € T'exas Impor�ant Na�iee {MPORTANT NO71C� AVISO IMPORTAN7E To obtain information or make a complaint: You may cail Zurich Narth Arrieriea's toll-free telephone number for informaii�n or to make a camplaint at: '!-SOD-382-2'i 54 Yau r�ay cnntact the Texas aepartment of Insurance fa obtain informa#ion on companies, coverages, rights, or complaints af: 1-800-252-3439 You may write the Texas Deparfm�nt of Ensurance: P.O. Bax 149104 A�stin, TX 78794-91fl4 Fax: (592) 490-1�07 Web: www.tdi.texas.gov E-mail: ConsumerProtacEion@tdi.texas.gov PF2EMIUM OR CLAIM D1SPUi�S: Should yau have a dis�ute cor�cerning your premium or a�aut a clait�f�, you should contact the company first, I# th� disput� is not resolved, you may contact ihe i"exas Depa€tn�ent af Insurance. ATiACH THla �VOTfCE TQ YOU� POLICY: This noiice is for informalion anly and daes nat become a part or candition of fhe aitach�d document, Para obtener informaci�n o para presentar una queja: Usted puede Ilamar al numero de feiefono gratuito de Zurich North America's para obiener informacidn o para preseniar una queja al: '{ -800-382-2'! 5� Usfed puede cor�unEcarse con el De�aartamen#o d� 5e- guros de Texas para obtener in€or�nacior� sobre com- panias, caberturas, derechos, a quejas al: 1-$OU-2S2-3439 Usted puede escri�ir ai C7epartamento de Seguros de Texas a: P.�. Box 149'! Q4 Austir�, i'X 78714-9104 Fax: �512) 49�-1 QQ7 Sitio web: www.Edi.texas.gov E-mail: ConsumerProtectian@tcli.texas.ga� DlSPL�TAS POR PRIMAS L7E SEGtJR08 p R�CLAMACION�S: Si tiene una dispu#a relacionada con su prima de s�guro o con una reeia€nacion, usted debe cflrnunicarse con Ia compania primero. 5i la dispufa no es resuelta, usted puede comunicarse can e! Departamento de Segt�ros de Texas. AQ.1UN�"E �Si� AVISQ A SU POLIZA: �ste avisa es solamente pata propc5sitos informativas y no se con- �ier�� en part� o en condicion del docurt�ento adjunto. l,f-Gll-296-E (QS115} Page 1 of 1 CITY OF FORT WORTH TALON HILL, PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT #102190 From Version September 1, 2015 BURNSCO CONSTRUCTION, INC. (WATER, SANITARY SEWER, AND STORM DRAIN IMPROVEMENTS) 00 45 I2 DAP PREQUALIFICATION STATEMENT Page 1 of I SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work Type" box nrovide the complete inajor work tYpe and actual descrintion as provided bv the Water Department for water and sewer and TPW for pavin�. BIDDER: McMahon Contracting, L.P. 3019 Roy On• Blvd. Fort �Vorth, TX 7�0�0 Bui-nsco Construction Inc. 6331 Southwest Blvd. Benbrook, TX 76132 C& S Utility Contractors, Inc. 670� Hi�hway 287 Arlin��ton. TX 76001 : TITLE: DATE: (Signature) $y; John Burns � �/I��'_ ;,; � (Signature) TITLE: President DATE: I:` TITLE: DATE: (Signature) END OF SECTION CITY OF FORT WORTH 00 45 12_Prequaliication Statement 3015 DAP.docxfocm STANDARD CONSTRUCTION PREQUALIF[CATIOY STATEMENT — DEVELOPER AWARDED PROlECTS Talon Hill Phase Ill Form Version September 1, 2015 City Project n103190 The undersigned hereby certifes that the contractors and/or subcontractors described in the table above are currently prequaliiied for the work types listed. ao.�ias o.�r. niu vka�osnt. r�� i ��ry SECTION 00 42 43 Developer Awarded prvjects - PROPOSAL FORM UNIT PRICE BID Bidder's A lication Project Item Information Bidders Proposal Bfdlist Unit oT B[d Item Na, pescription Specificatfon Section Na. Unif Price Bid Value Measure Quantity "a'c' 33051� LF 1,4 2 3311.pp01 �uctile Iron Wa1er Fittin sw! Rastraint 33 11 11 70N R. 3 3311.0261 8" PVC Wafer Pi e 33 11 12 LF 1,4 4 3312.000i Fire H dranl 33 12 40 EA 1 5 3312.Oi 17 Conneclion to Existin 0."-12" Wafef Main 33 12 25 Eq p 6 3312,2pp3 1" Water Service 33 12 10 Eq 4; 7 3312.3003 B" Gate Value »,� �� -A ., $ Burnsco Construction, Inc. CiTy [,1�� URT l�'pRTFI 57.4NU.'iRD CONti}'kl]CTIOiJ SAF,CIf ICATlON CIlJCI14�:M5 - DG VF.I.f)YLR A54'ARUFE) PK�1lL4T5 T.4LOIJ HII.L PHASE III Farm Vcr3inn A;�nl 2, '01 J Gi[�'YrajcclA'IU279Q W 42 43 DAP-nfDpROPOSA�- Pagc 1 of 1 5ECTION 66 42 43 Bumsco Construction, Inc CIiY UT FURT WUR71f STANnAR�7 OONSTiIUCTin.\' SPECIFfCAT3pN �OCI;M[NTS - aEV C[�PER A WARDE:D PROJCGTS TAL(7N HRL PHASt: III Form Vcrsion Apr7 2, 20i4 Ci71'roject �+102! 9� Deveioper Awarded Projects - PROPOSAL FORM �II32 i3 fJnY- HID I'NOYOSAL Fugc J nfG UNIT PRICE B�D Bidlist Item No. 305.0109 Trench 5 343.0302 3�" RCP 349.SOp3 20' Curb 349.1005 30" Flare 137,0104 Medium Descripfion SECTION UO 42 43 �eveloper Awarded Projects - PROPOSAL FORM Bidd�r's A licatiar� Projecl Item Information 6idder's proposal Specification Section No, Uni! of 8id Measure Quantily Unit Price Bid Value VNIT ill: �RAlNAGE IMPROVEMENTS 33 45 10 LF 54 $ 1.00 $ 54.D0 33 41 10 LF 54 $ 125.00 $ 6,750.00 33 49 10 EA 1 $ 7,900.00 $ 7,900.00 . 33 49 40 FA t c � ann nn ¢ � vnn nn 21,654.00 Burnsco Canstruction, Inc. CSTY [)1� I�ORT �40kTF[ 57'r4�1UARb CO\51 [211CTI013 SI'F.CI]�7CATION DI)C�IhFLTITS - fJ�VI;(pp[R.A44ARflE;U PROJF.c'A'S I ALONHII l. plIA9L' IR Porm Vcrsioi� April 2. 20l Y Qn' P[qeG q 10±] Ju 00 61 25 - 1 PROJECT RECORD DOCUMENTS Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORICER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No.102I90. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Burnsco Construction. Inc._ By: John Burns Company (Please Print) l, i i 6331 Southwest Blvd. Signature: �--� ii`-J�-�� Address . Benbrook, TX, 76132 Title: President City/State/Zip (Please Print) THE STATE OF TEXAS COUNTY OF TARRANT 0 �� BEFORE ME, the undersigned authority, on this day personally appeared John Burns , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Burnsco Construction, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN LTNDER MY HAND AND SEAL OF OFFICE this 21 st day of April , 20 21. C pRY °��F; CESILIA CANALES� 2 � Notary ID tt1 3 1 65 2996 �, � My Commission Expires ''eo�s`- July24,2022 i � �,r� I-v� Notary Public in and for the State of Texas END OF SECTION CITY OF FORT �VORTH TALONHILL, PHASE I/1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT #102190 Revised April, 2014 00 52 43 - I Developer Awarded Project Agreement Page 1 of4 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on 4/21 /2021 is made by and between the Developer, BYD TALON HILL DEVELOPMENT, LLC, authorized to do business in Texas ("Developer"), and BURNSCO CONSTRUCTION INC. , authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: TALON HILL. PHASE III (Water, Sanitary Sewer, and Storm Drain Imnrovements) CITY PROJECT #102190 Article 3. CONTRACT TIME 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 3.2 Final Acceptance. The Work will be complete for Final Acceptance within 45 working days after the date when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. 3.3 Liquidated damages Contractor recognizes that time is of the essence of this Agreement and that Developer will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the Developer if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay Developer _Five Hc�ndretl Dollars ($500.00)) for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH TALONHlLL, PHASElI/ STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT # 102190 Revised June 16, 2016 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of4 Article 4. CONTRACT PRICE Developer agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount in current funds of two hundred ninety thousand four hundred ei�hty-seven Dollars and 00/100 ($ 290,487.00). Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between Developer and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attaclunents to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federal documents (project specific) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) e. Maintenance Bond (DAP Version) f. Power of Attorney for the Bonds g. Worker's Compensation A�davit h. MBE and/or SBE Commitment Form (If required) 3. Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. � CITY OF FORT WORTH ,. T�ILONHILL, PNASEII! STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT #]02190 Revised June 16, 2016 005243 -3 Developer Awarded Project Agreement Page 3 of4 Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnifcation provision is snecificallv intended to onerate and be effective even if it is alle�ed or proven that all or some of the damages being sou�ht were caused, in whole or in nart bv anv act omission or negli�ence of the citV. 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. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifcallv intended to operate and be effective even if it is alle�ed or proven that all or some of the damaEes being sought were caused in whole or in part, bV anv act, omission or negli�ence of the citv. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement are defned in Article 1 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. 7.2 Assignment of Contract. This Agreeinent, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the Developer. 7.3 Successors and Assigns. Developer and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon DEVELOPER and CONTRACTOR. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. CITY OF FORT WORTH .,. TALON HlLL, PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT #]02190 Revised June 16, 2016 00 52 43 - 4 Developer Awardcd Project Agrecment Pag� 4 of 4 IN WII�NESS WHER60F, Developer and Contractor have execuEed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by �he Parties {"Effective DaEe"}. Contractor: Burnsco Consti-uction, Inc. r' , j = Bv: � .+-' : ' (Signature) lohn Bums (Printed Naine) Title: President Co�npany Na3ne: Burnsco Construction, Inc. Address: 6331 Soutk�west Blvd. Developer: BYD Talon Hill Development, LLC B : � `� (5ignature) Shawn Goff {Printed Name) Title: Manager Company Naine: BYD Talon Hill Developmes►t, LLC Address: 1105 Glade Road Suite 140 City/SEate/Zip: Benbroolc, TX, 76l32 Cit IState/Zi : Colle ille, TX 76034 Date April 21, 2021 April 21, 2021 DaEe CITY OF FORT �VORTH Ti1LONH/LL, !'!lrtSE 111 STAT�IpARfJ CON5TR11Ci�[ON Sf'ECI�ICA�fON DOCUMENTS - D£VELOPER AWA1tDLD PROJE('TS C1TY PROJECT IS EO? l94 Rcviscd 3une ! G, 2016 Bond #022230561 00 61 2� - 1 PROJECT RECORD DOCUMENTSERFORMANCE BOND Page I of 3 SECTION 00 62 13 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, BURNSCO CONSTRUCTION INC. , known as "Principal" herein and Liberty Mutual Insurance Company , a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or ►nore), are held and firmly bound unto the Developer, BYD TALON HILL DEVELOPMENT, LLC , authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of,_two hundred ninety thousand four hundred ei�hty-seven Dollars and 00/100 ($ 290,487.00)., lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number 2019-0098; and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the 21st day of April , 2021 , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as TALON HILL, PHASE III — COFW Proiect No. 102190 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including ClZange Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the Developer and/or City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH TALON HILL PHASE III STANDARD CITY COND[TIONS — DEVELOPER AWARDED PROJLCTS CITY PROJECT � 102190 Revised January 31, 2012 00 61 2� - 2 PROJECT RECORD DOCUMENTSERFORMANCE BOND Page 2 of 3 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have S[GNED and SEALED this instrument by duly authorized agents and officers on this the 21st day of April , 20 21 PRINCIPAL: BURNSCO CONSTRUCTION INC. ATTEST: (Principal) Secretary C�1� ��%I/li�.Fii � Witness as to Principal ATTEST: BY: �_. ;iL'' � � / Signature 1 John Burns, President Name and Title Address: 6331 Southwest Blvd. Benbrook, TX, 76132 SURETY: Liberty Mutual Insurance Company BY: ��ZljJLt[. ��,[%% Signature .'��- t'�'l��wc� (Surety) Secretary Sophinie Hunter, Attorney-In-Fact Name and Title �C Address: ��, \\� 2200 Renaissance Blvd #400 �,,ti- �,`�,�� King of Prussia, PA 19406 , � Witness as to Surety Telephone Number: 214-989-0000 *Note: If signed by an officer of tlle Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH TALON HILL PFIASE III STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT # 102190 Revised January 31, 2012 Bond #022230561 00 61 25 - 1 PRO.IECT RECORD DOCUMC-NTS Page I of 2 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 62 14 PAYMENT BOND . KNOW ALL BY THESE PRESENTS: That we, BURNSCO CONSTRUCTION INC. , known as "Principal" herein, and Liberty Mutual Insurance Coinpany , a corporate surety ( or sureties if more than one), duly authorized to do business in the State of TeYas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, BYD TALON HILL DEVELOPMENT, LLC , authorized to do business in Texas "(Devefoper"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of two hundred ninety thousand four hundred ei�hty-seven Dollars and 00/100 ($ 290,487.00)., lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number 2019-0098 ; and WHEREAS, Principal has entered into a certain written Contract with Developer, awarded the 21st day of April , 20 21 , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth 1lerein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution ofthe Work as provided for in said Contract and desi�nated as TALON HILL, PHASE III — COFW Proiect No. 102190 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under tlle Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. CITY OF FORT WORTH TALON HILL PHASE III STANDARD CITY CONDITIONS — DEVELOPER AWARD6D PROJECTS CITY PROJECT # 102190 Revised January 31, 2012 00 61 25 - 2 PROJECT RECORD DOCUMGNTS Page 2 of 2 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 21st day of April , 2021 . PRINCIPAL: BURNSCO CONSTRUCTION INC. ATTEST: �� (Principal) Secretary C�/�� %lA/1-�-� Witness as to Principal i , , BY: `�. ,, t.- � Signature John Burns, President Name and Title Address: 6331 Southwest Blvd. Benbrook, TX, 76132 SURETY: Liberty Mutual Insurance Company ATTEST: .��.�-�... %)1�4 wc�+.` (Surety) Secretary BY: ��2NuG 77[�i'J� S ignature Sophinie Hunter, Attorney-In-Fact Name and Title Address: � 2200 Renaissance Blvd #400 �� \� �\��; � � King of Prussia, PA 19406 Witness as to Surety Telephone Number: 214-989-0000 Note: If signed by an officer of the Surety, there must be on file a certified e�tract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH TALON FULL PHASE I❑ STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT � 102190 Revised January 31, 2012 Bond #022230561 00 61 25 - I PROJECT RECORD DOCUMENTS Page I of2 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 62 19 MAINTENANCE BOND § § KNOW ALL BY THESE PRESENTS: § That we BURNSCO CONSTRUCTION INC. , known as "Principal" herein and Liberty Mutual Insurance Company , a corporate surety (sureties, if more tl�an one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, BYD TALON HILL DEVELOPMENT, LLC , authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of two hundred ninety thousand four hundred ei�hty- seven Dollars and 00/100 ($ 290,487.00)., lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA 2019-0098 :and Number WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the 21st day of April , 20 21 , which Contract is hereby referred to and a made part 1lereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said Contract and designated as TALON HILL, PHASE III — COFW Proiect No. 102190, and WHEREAS, Principal binds itself to use such materials and to so construct tl�e Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of nvo (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF FORT WORTH TALON HILL PHASE I❑ STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS C[TY PROJECT # 102190 Revised January 31, 2012 00 61 2� - 2 PROJECT RGCORD DOCUMENTS Pa�e 2 of 2 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, tllat this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH TALON HILL PHASE I11 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT # 102190 Revised January 31, 2012 00 61 25 - 3 PROJGCT RECORD DOCUMGNTS Page 3 of 2 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the Zlst day of , 20 21 ATTEST: �_ (Principal) Secretary C�1�� w`� � Witness as to Principal ATTEST: �tn,y.. j�'it,Lwcv�� (Surety) Secretary PRINCIPAL: BURNSCO CONSTRUCTION INC. ( ': 'l i BY: \___�;�, ,(' Signature John Burns, President Name and Title Address: 6331 Southwest Blvd. Benbrook. TX. 76132 SURETY: Liberty Mutual Insurance Company BY: ��G�U,�1�iGG 71(�/�� Signature Sophinie Hunter, Attorney-In-Fact Name and Title � ` Address: \ \ 2200 Renaissance Blvd #400 �� „, King of Prussia, PA 19406 Witness as to Surety Telephone Number: 214-989-0000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from tile by-laws showing that this person has autllority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF PORT WORTH TALON HILL PHASE III STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT # 102190 Revised January 31, 2012 � n s �`,�'i �) e i" s : � �,��, This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporaGon duly organized under the laws of the State of New Hampshire, that Liberty Mutuai Insurance Company is a corpora6on duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corpora6on duly organized under ihe laws of the State of Indiana (herein collec6vely called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Robbi Morales, Don E. Comell, Sophinie Hunter, Tina McEwan, Tonie Petranek, Ricardo J. Reyna, Joshua Saunders, Kelly A. Westbrook Certificate No: 8200743 all of the city of Dallas state of TX each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 19th day of March , 2019 . � N � c � State of PENNSYLVANIA � County of MONTGOMERY Liberty Mutual Insurance Company ��Ns�R ��r iNSG ��Nsu,q The Ohio Casualty Insurance Company j=`oaP°aqr�oy�m �J2`pRPOR'<T�,o9�f.� `=GDaP�R4T�y(1 West American Insurance Company U R� � O fn Y�1912yo oZ1919Wo 6 1991 0 � �� Yd�9s`r4CHU`�� .aa y� FhMAMPS�,aL3 �s �NDIANP' ,da3 � �1��/'' �� * �� '�y1 * l�� M * i�� By: David M. Carey, Assistant Secretary � N � i .N � � �� On this 19th day of March , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o o� Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes —� �> therein contained by signing on behalf of the corpora6ons by himself as a duly authorized officer. � w a> � IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. � � .� ---,,,� ;;^;, r �; . 0 � , , , � j � �, � COMMONWEALTH Of PENNSYLVANIA � [ '� � %'. � j ._.._—... Notariai Seal -'�— /r\ ��Q!LcM�A-i N � �� i � j . Tere;a Pasrella, Nctary Public �� f tiF I�,� O� i Upper Meron Twp., Mont�omery Counry By: � , C�p } �<,. <;` I Idy Cemmission Expires M1larch 28.2021 �eresa Pastella, Notary Public � .' �'ti�;��:�;.;`\�:.� � � � -, � � .. �'ombe;, Penns}lvaniaAsscciahcn of No!anes ��'`�,.;,'�'1-,`f 3':;''�� ..,-.__..�.�^ m a� This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual o.� Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such IimitaUon as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of lhe Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the IimitaGons set forth in lheir respective powers of attorney, shall have full power to bind the Corporation by fheir signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by ihe Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, ihe President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in wriBng by the chairman or the president, and subject to such limita6ons as the chairman or lhe president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and alI undeRakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have (ull power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate o( Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deiiver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connec6on with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify lhat the original power of attomey of which the foregoing is a full, true and correct copy of ihe Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 21 st day of April , 2021 . � 1NSUR �tY INSU � \NSU�,4 �JQ'Goaaor�yr'9y� yJPGoavoRqrR92 �PG��P�RqT y� J 3 Fo a+ � 3 Fo m W 3 Fo c� �,�e,'' � � C�` `7'� 1912 0 1919 � � 1991 � : �,o Q B. �,�'SSq�H�S��da y� �`''�qMPS� da3 �s �NDINNP da3 y Renee C. Llewell n, Assistant Secreta ��) + *� '�y1 ,, �.� '�,N + �� Y ry 0 M � � C (6 LL � N � +.C-. � o� �� -a � '�� >o � �' � N � � N � M C � 00 U �— o �° �� LMS-12873 LMIC OCIC WAIC Mulli Co 062018 � r� s�� i , 'I '•. r►�� - �� TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call toll-free for information or to make a complaint at 1-877-751-2640 You may also write to: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights o�� complaints at 1-800-252-3439 You may write the Texas Department of Insurance Consumer Protection (111-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: http://www.tdi.texas. o�v E-mail: ConsumerProtection cr,tdi.texas.e�ov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the agent or call 1-800-843-6446. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. TEXAS AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis para informacion o para sometet• una queja al 1-877-751-2640 Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA I 9406-2755 Puede comunicacse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (1 1 1-1 A) P. O. Box 149091 Austin, TX 78714-9091 FAX # (5 l 2) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection cr,tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI) UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. NP 70 68 09 Ol LMS-15292 10/15 CITY OF FORT WORTH TALON HILL, PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT #102190 From Version September 1, 2015 C & S Utility Contractors, Inc. (STREET LIGHT IMPROVEMENTS) 00 45 12 DAP ptLEQUA[,IF[C.4Z'ION STA'1'L.MENT Page 1 of ! s�cTrorr o0 4s Yz DAP—�RE(Z[1AI,IFICATION STATEMENT �ach Bidder is required lo coEnpiete the infannatic�n below by identifyi�lg t��e prequalifred contractors and/or subconfiractors w�i�otn ik�ey tntend to «tilize for• the n�ajor work type(sj ]isted. In the "Major Work T e" �ox rovide the com lete ma'or work e and actual descri tion as ro��ided b il�e Water De�artment for water arid sewer and TPW for�avin�. Major Work Typ� S" Wastewater New Develop�nent Ope11 Cuf 8" Water New Deveio �nent Open Cut 6" Concrete Pa�rin� � Storm Drain Im roveinents Street Si n lrn rovern�nts Street Li hting Innprovements C or�.tracto��/S ubco ntractor Corn an Name Burnsco Consfiruction Inc, McMahon Coi�tractin , L.A. Burnsco Construcfion Inc McMahon Co�itractin , L.P, C& S Util�ty Contractors. Inc Prequaiifcation Ex irat�o�� Date (��i130I2�2 i 07/O l 120?? 06i3[�/20? 1 07/0 I /�022 031431?{12? The undersigned hereby certifes that the contractors and/o�- subconteactors described in the iable above are currentdy prequaiified %r the work types listed. BiDDER: McVlal�an Coi�tracti�a�, L.P. 3019 Roy Orr 8tvd. Fart ��orth, TX 75050 : T'ITLE: DATE: F3�irnsco Coi�struction ii;�. 6331 �outhwest Blvc�. gen6roak, TX 7613? C � S Utility Cc�ntractors. ]nc. b70,5 Hi�;hway 287 /�i,l"�Il1�TTOlI, �x %(}QQ] : TITLE; DATE: {Signature) (Sig�at�re) gy; Charles Saylors r /,r L^` (Signature} TI�I'L�; Presidenk DATE: 0411 512 0 2 1 END OF SECTION C37'Y p[� �'pkT WORTH STqNll:'1RD['pN5T2UCiT�NPR[iQU.41.,IFICATIONSTATEMF\'7'-�DEVFLOPF,Rr141+ARpEllPR07FC'IS {��SI?_PrequaliicalionS�atenzent2Ui5 Dr�P,docxfonn Form Versio�i Septem6er 3, 2015 Tafon Hiil Yl�ase Lll City project f! i p2 p 9p ('U •i2 47 I1Ap -R[F) PROPOSAL Pagz 3 nl G UN[T PRICE BID Sid list itam IVo, 1 2605.3015 2" 2 34d1.3050 Fi 3 3441.33�1 R� Descriptiort im TY 1 Arm SECTIQN 00 42 43 Oeveloper Awarded Projecis - PRDPOSAL FORM Bidder's A lication Project liem Information Bidders Proposal Spec�cation Section No. Unit of Bid �� price eid Value Measure Quantiiy IJNIT V: STRE�T LIGHTIEVG IMPRQVEMENTS 26 D5 33 EA 645 516.00 $ 10,32C l watt ATBO Cobra Head 34 41 20 EA 7 5235.00 S 1 64E 34 49 20 EA 7 51.050.OD S 7 35C 3449 20 �A 7 $1,488.00 S 1041E 344120 EA 7 5260.00 $ 1,S2C $ ��,�zt Blake Menapace Operations Manager C&S Utility Contractors, Inc. GI7Y [lF �nRT R'1lR'IH SFANIIAIt� CU�51'Al'Cii(7N SPk:CI3�ICA7ION 9C)Ct%MFNTS - DE VLLS]Y�i: AWFuiUEU 1'Rf11LCTS T.�I.(7N :-IILL YHpSt' :Ii form Vcxsi�n Aryrl 2.:.�114 �iS' �'i�Ju[+lID319� {1(? 61 25 - ] PRdJ�CT RECORD DpCtJ.�vIPNTS Page i of 1 SECTION DO 45 2G CON7']ZA,CTOR COMPLIANCE WITH WORKER'S COMPENSATiON LAW Piirsuant to Texas Labor Code Section 406,�96{a}, as amended, Contractor certifes that it provides worker's co�npensation insurance coverage for ai7 of its em�loyees employed on City Project No. IO2Iq0, Contractar further certi#ies that, pursuant to Texas Labor Code, Sectaon 406.096(b}, as amended, it will provide to Crtty its subcontractor's certi�icates of compliance with worker's com��nsation coverage. CQNTRACTOR: C& S Utilit Contractors Inc. Company BY= Charles Savlors (Please Print) 6705 Hi hwa 287 Si�ilature: �f y Address _ Arlin�ton 7'X 76QO1 Tit[e: Fresident City/State/7.�p {P]ease Prir�t} THE STATE OF TEXAS § COUNTY OF TARRANT BEFORE ME, the undersigned aufl�ority, on this day personally appeared Charles Saylors , known to zne to be the person whase name is subscribed to the forEgoing instrument, and acknow�edged to me tt�at he/she e�ecl�ted the same as the act and deed of C&S Utility Contractors, lnc. for the purposes and consrderaiior� therein expressed ana in the capacity therein stated. - GIVEN UNDER M.Y HAND AND SEAL OF OFFICE this s 5` day of �tirL , 2p� � � � �J✓ Nota� Publi ' a�xd for the State oF Texas �-��--_ END OF SECTION i�aY AV }o d� BLAKE' MENAA�CE ^ Notary Ip #13l3491676 y,FQF�r MY Camrnlssion Explres February z, 2025 C[TY OF FORT WOR"i'H STANi]ARD CONSl"[tUCT30N S�EC'3FICATION D{X'I�MF,N [ S Tar.nn� H�c i_, z�F1.tisL rrf Revised Apnl, 2014 CiTY PRQJLC`1' # i 02190 oosZa�-i Developer Flw�rded �roject Agreement Page I of4 SECTI4N 00 52 43 AG.R�EM�NT TH[S AGREEMENT, authorized on Q4115/2Q21 is �nade by and between the Develaper, BYD TALON HILL DEVELOPMENT LLC, authorized to do b�asi ness i n Texas {"Developer '), and C& S UTILITY CONTRACTORS INC. acting by and througl� its d�ily authorized representative, {"Contractor�)]�� to do business in Texas, Developer and Contractor, in consicieratian of the mutual covenants hereinaftet set forth, a�ree as fallows: Article 1. WORK Contractor shaIi complete all Work as specified or indicated in the Contract DocuFnents for the Proj�ct identi�ed l�erein. Article 2. PROJECT The project for which the Work und�r the Contt-act Documents may be the whole or o�Iy a part is generally described as follows: Article 3. CONTRACT TIME 3. l Time is af t11e essence. All time limiis for Milestones, if a�y, and Fina] Acceptance as stated in the Contract Documents are of the essence to this Contract. �.2 Final Acceptance. The Work �vi11 be complete for Fina! Acceptance within 20 worki�g days after the cfate when the Contract Time corrzmences to run as provided En Paragraph � 2.04 of the Standard City Conditions of the Construction Contract for Developer Au�arded Prajects. 3.3 Liquidated damages Contractor recognizes that time is of the essence af this Agreement ai�d that Developer will suffer fiinarzcial loss if the Work is not ca�np�eted within the tiir�es specified in Paragraph 3.2 above, �?�L1S any exfe�ision thereofallo�red i�� accardance with Article 1.Q ofthe Standard City Co��ditions oft�e Construction Contract far Daveioper Awarded Projects. The Contzactar aiso recognizes t1�e delays, expense and difficu�ties involved in proving in a lega] proceeding tl�e actual loss suffered by tl�e Developer ift�e Work is not cozr�pleted on time. Accordin�ly, ins#ead of reQuiring any sucl� proof, Contractor agrees that as liquidated dama�es for delay (but not as a�enalty), Cor�tractor shall pay Deve]oper _Five HundrecfDallars $SOQ00 ) for each day that expires after the time specifed rn Paragraph 3.2 %r Final Acceptance unti� the City issues the Final Letter of Acceptance. Cl"TY OF FORT WORTH 57'ANT)ARp COAISTRUCT30N SP�CIf'ICATION DOCUMEtVT'S — I�GVELQPER AWARDED PROJECTS C Ty p] p�C�'[�� Q��qp Revised]une i6,2�1b Qfl 52 43 - 2 Developer Asvarded Projecl Agre��nent Page 2 of 4 Artic�e 4_ CONTRACT PRICE Developer a�rees to pay Contractor fio�• performa��ce of the Work in accordaz�ce u�ith the Coniract Documents an amount ir� current futads of thirt r-three thousa�a four hundred ei h-six and 00/] 00 {$ 33_�g6,pp�. Article 5. CONTRACT DOCUMENTS 5. ] C�NTENTS: A.The Contract Documents which comprise the entire agresment between Devetoper and Contractor concerning the Work consist of the following: l. This Agree�r�ent. 2. Attachments to this Agreemer�t; a. Bid Form (As provided by Devela�er) 1) Proposal For�n (DAP Versian) 2) Pregua[ification Stat�n�ent 3) State and Federal documents (project specific) b. Insurance ACORD Form(s} c. Payrz�ent Bond (DAP Version} d. Performance Bond (DAA Versian) e. Maintenance BoRd (DAA Version) f. Power of Attorney for the Bonds g. Worker's Co�npensation Affidavit h. MB� and/or SBE Commitmer�t Form (If required) 3. Standard C'rty General Conditions of the Construction Cofltract far Deve[o�er Awarded Projects. 4. Supplernentary Conditio�ls. 5. Specifications specifically made a part of the Contract Documents by afEachment or, if not attached, as incor�oratecl by reference and ciescribed in the Table of Contents af tl�e Aroject's Contract Dac�zments. 6. Drawings. 7. Addenda. 8. Docum�ntation sub�nitted by Contractor prior to Notice af Award. 9. The folIowing whfch may be delivered or issucd after the �ffective Date ot'tlte Agreement and, if issued, beco�ne an incorporated �acrt of the Contract Docutne�lts: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Fina] Accepta��ce. CITY OF FOR"T WORTH �"I'ANDARD CONS'I'RTJCTION SPECTFiCATION i)O�`UME3JiS — DEVI-;LOp�K q�Jp�DED 1'Rd.Ti'CTS CITY PR0IECT tl�102390 Revised J�me 16, 20 i 6 Ofl5243-3 Developer Acc'arded Projcct Agreett�enl Page 3 of4 Article b. �NDEMNIFICATTON 6.1 Contractor cavenants and agrees to �ndemnify, ho[d harmless anc� defend, at its own expense, the city, its of�cers, servants and employees, fram and against any a�d all claims arising out of, or al�eged tQ arise out of, the work and services to be performed by the caqtractar, its officers, agents, employees, subcontractors, lieenses or invitees under Yhis contract. T�is indemni�cation rovision is s ecificall iqtended tQ o erate and be effective even if it is alle ed or roven that all or some of the dama es be�n sou ht were caused in w-hole ar in art b an act omission or nc li ence of t� h�e cftv, Th'rs indemnity pror�-isian 'rs intended to incinde, w'rthout limitation, indeinnity for costs, eYpenses a�ud legal fees incurred by° the city in defe�►ding against such claims a�d causes of actions. 6.2 Contractor covenants and agrees to indemnify and ho�d harmless, at its own ex�ense, Ehe city, �ts officers, servants and empioyees, fram and against any and all lass, darraage or destructior� of �ro�erty of the city, arising out of, or alleged to arise ou# of, the wark and services to be perfor�ned by the contractor, its officer,s, agents, emp�o�ees, subcontractors, licensees or invitees under ihis conEract This indemnification ra�rfsion is s eca�caii intended to o erate and be effeetive even if it is alle ed or roven that aIl or same of the dama es bein sou ht were caused in whole or in art b� an act omission or ne �i ence of the ci . Article 7, MISCELLANEOUS 7.1 Tenns, Terms used in this Agreement are de�ned i�i Article f of the Standard City Conditior�s of the Construction Contract for Developer Awarded Prajects. 7.2 Assignmei�.i of Gontract. This Agreement, �nc�udin� all of the Contract Documents may not be assigned by the Cont�•actor withoLit the advanc�d express written cailsent af the Developer. 7.3 �uccessors and Assigns. DeveIoper and Contractor each binds itseff, zts partners, succassors, assigns and lega] represei7tativ�s to the other �arty hereto, an respect to all covenants, agreernents and ob�igations contained in the Contract Dacuments. 7.4 Severability, Any provision ar part of ttie Contract Documents held to i�e unconstitutio�ial, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remai��ing provisions shall co3itinue to be valid and binding upota DEVELOPER aR�d CONTRACT4R. 7.5 Gov�rning Law and Venue. This Agreement, i.ncluding ali of the Contract Documents is performable in tne State of Texas. Vealue shall be Tarrant County, Texas, or tl�e United 5tates Di.strict Court far the Northerr� District of Texas, Fort Wortl� Division. 7.6 A�thority to Sign. Contractor s�Za�1 attach evidence of author.ity to sign Agreement, if other than duly authorized signatary of the Contractor. CITY OF COKT �'ORTH STANDA[ZD CONSTItUCTIOIv SPEG�F'ICA'f10N DOCIJMENTS — DEVE;LdPER AWARDED PROJECI"S T'�LONHILL. PHASE III Revfsed June 16, Z016 CE7'Y YRO.SPCT # 1Q2190 04/15/2021 OQ bl 25 - 1 PROIECT REC:ORi) ➢OCCJMEIViSERFORMANCE BOND Page 1 of3 THE STATE OF TEJ�AS COLiN'fY OF T,ARRAN'T SECTION QO 6213 P�RF�RMANCE BOND 8ond #4441 i 15 � § KNOW ALL SY THESE PRESENTS: § That we, C& S UTILITY CONTRACTORS INC, , known as "Frincipa]" herein and SureTec lnsurance Campany �__. _ _._ , a corporate surety(s�reties, ifmore ttzan one) duiy autharized tn da business in the State of Texas, tcr�own as °°g�zrety" $erezn fyvhether one or rnore), are held and frmly bound ,anto the Developer, BYD TALpN I3II,L DEVELOPMENT LLC, auf.horized to do business in Texas {"Develape�") and tl�e City of Fort }�vrth, a Texas mwaicipal cprparatian ("City„), in the penal sum o�, thirt --three thousanc! four hundred ei btv-si� and 00lI04 33 Sfi.04 , lawfe�l money of the United States, to be paid in Fort Wortk, Taa��rrant County, Texas far the paqrraent ofwhich sum well and truly to be rnade jointly ur�ta ti�e Developer and the Cily as dual b1��igees, we bind oursei�es, aur hairs, execa#ars, admiuistrators, successars and assigns, jourtly ar�d severaily, firn�ly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City ofFort Workh by and t,tu-ough a Coxnmunity Facilities Agreetnent, CFA Number 2019-009g; and V�HEREAS, the Principal has en#�red into a certain vyritte� eontract with the Deve�oper awarded the i 5-" �Y o� _. �r�-___ , 20� �, which Contract is �ereby referred to and made a part hereof %r alt purposes as if fully set forth herein, to fi�rnish all ianaterials, equipment tabor and otE►er accessories def-�ned by law, zn Yhe prosecution of the Wark, including any Change prders, as provided for in said Cantract designated as TALON HILL, PHASE IIt -- CUFW Pro'ect No.1027.90 NOW, THEREFORE, the condi.tion of this obligation is such that if the said F'rincipal shali faithfully perform it abligations under the Contract and shall in aIl respects duly and faithfully perform t}�e Wor�, including Change Orders, under the Cantraet, according to the plan�s, speeifications, a�d contract doc�unents iherein referred ta, and as well durrng any period of ext�nsion of the Con#ract that may be granted on tk�e part o:F the Developer and/or Cit�,, the� t]�s abligatian shail be and become null and void, otherwise to remain in full force and eff�ct. cr�'Y or Fo�r r�vox�-x STANI)ARi3 CITY Cp]VI}I'I'IONS — bEVELOPER AWARbEb PRO.i�CTS T�-�� -L PIiASE lU Revised Jeauary 31, 2pi 2 C1TY PROJ�CT # 14219(3 PROJECT A�CORQ L]OCTJMENTSEILFORMqNCE Bp]�D Page 2 of 3 PROVIDED FURTNER, that if any legal action be filed ot� t}iis Band, veanue shall Iie in Taxrant County, Texas or the United States District Court for the Northern Dismct of Texas, Forf Worth Division. This bond is made and executed in ccnt�pliance wit3� t}ie proUisians of Chapter 2253 of the 'Texas Government Code, as amended, and aIi liabilities on this bond shall be deternuned in accordance vvith thc pxovisions of said statue. IN WITNESS WHEREpF, the Pr�ncipal and the Surety have SIGNED and SEAF"FD t�s instnrmenf by duly authoriaed agents and offcers on this the 15th day of A ril �..�, za?� . ATTEST: �� (Prin apai) retary .._ � Witness as to Prit�cipal AT'�'EST: s r ; `� ''� �� (Suretj•) �ecreta ��nvcrnar.: C& S UTII.IT'Y CONTI�qCTORS, INC. BY� Sigiature _ � Charles Savlors, Pzesident Name and Title —__ ..._....- - Address: 6705 Hi hwa�,� Z$7 Arlinatan TX ?5041 � �� _- - SLJRETY: SureTec insura�c� CorrE an —�- _��._ �__ i� , BY:_ ..______ _ � � � - Signaturc ( �_ Rebecca Rackekt, Af�c�rne -In-Fact NaYxte and `Ti�1e ------ � Address: € l�� ,�` ; , t ` � , ``--� 15370 Watsan Drive •, `t:% :� �; r j' _3�" , `_.�.� �.. � {,� .1 Ke�Ttp, TX 75'i43 W�tness as t� Surety .�_.� __._ _ --- -- ---- — Tele hque Number: 214-382-0761 *Note: If signed by an o�cer of the Surety Company, there must be an file a certified extract from the by-laws shawing that this person has aut�ority te s�� such obligation. If Surety's physical address is dii%remt from its maiIing address, both must be providec�, 'The date of the bond shall not be prior tv the ciate the Contract is awatd�d. _� �Tr ar Foxr woR� �TAN�ARD L7TY CUi�TDTCIl7NS — DEVELOPER AWAADED PRQJECI'S T�.ON HII.L PHASE III Revised 7artuary 3], 2012 CITY PROTfiCT # IO2i4D POq �: 4221716 Srure'�'ec insurance C�mpan I LIM�TED POWER 4F �TTQ�EY Y �� Xn°�r AEr M�r 6,y Tlrese Presen�s, 9'hat SUItETEC IN3URANCE C�MPANY (the "Cptn an " exist�[�g under t�e Iaws of the 5tate of Texas, and having its principa] of�ce in Hotiston, Harris Cou ty� �x sti�a�dSui�y Thg�;z� 5�� nake, constitute and appoinc Y p ents � Cl�ristlan Merrftt, Rebecca Racket# j fts tr�e aad �awfu! At[orne -. � ancl defiver any and aIl b nds,f cognizanees�ui3dertakt'tigs �nr� the rinstrume ts �or cantracsia�'su etyshia�f6bineladee, ackr�ow]edge conditions of con�tracts and consents of surety, for, providing the bnnd p�nalty does not e�cceed �' waivers to the One M;Nion �rtd 00l100 DolEars ($1,Dpp,000.0�j and to bind the Company th�teby as fS.rrlly ana to the saQte extent as if such bo�d were signed �y the President, seaied w�th the carporate seai of the Compan� and du�y attestect by its S�cretary, hereby rati.fying ar�d confirming alI that the said Attanney_in_�aet may do in fhe ipremises. Said appoinhnent is made under and by authority oE tlie fol9owing resolutions of the Board of Directors of t�e Sure'I'ec Insurance Cq�papy; Be n 12esolved that the President, any Vice-presiclent ariy Assistant Yice-Fresident, any 5ecretary or any ,�qs��t SEcre�ry S��E be a�a is herehy vested ryith fiil! power and. aatharity io appoint any nne ar mor� suitable persons as Attorney(s)-�n-Fact to repr�se�� $ct for and on behelf of ihe Company subjec! 1g t�a fo1lowing provis;vas: �ftorney-in-Faci may be g[ven ful! power and authority fbr and in the name of and of behalf of ihe Coinpany, to �eeute, aelcnow[ecEge and deliver, any and al] �annds, recogoiz�nces, contracts, ag�'eemcnts ar iRdemnity artci other conditiana! or obligatory un�iertatcings and asy and aff notices and docurY�:ents carieeiing or terrninating the Campany's 11ab1lE.Cy thereurtder, and any such fqstnem�nt� ��t� Attorney-in-Fact shs)! be �inrfiag upon the Cornpany as i.f si�ned by the President and seaied arRd efi'ect�d �y t}�� Cor�sarate $�cretary. �Y such Be it Resohed., that the signatuce afany autharized o�cer and sesl of the Corr�pany,her�tnfare or h�rea;fter affacecf ro �y power of attcrraey or ' ��n��any.certifieate reiating th�ereta by facsimEle, and a�y pok,�r of a_ttorney or cert}fcg�e bearing fa�sinti.l� signature or facsirni.te sea! shal� be vaI[d indi�g upon the Company wiEh respeci.to an5 bond �rundertaking ta which i� is att�ched. (Adnpted at R meetirig held vn 21}� af,qpril, ) I�r Wiiness Whereaf, SURE'FEC INSURANCE CON1pA�,,IY has caused the�se preset�ts to be signed by its.President, and its corpozate seaf ta be hereto atiixed this scn day of s��,n�, ,Q.D. 2ozo _ � �� SURPTEG INSURAIYCE CDMPANY � �s � .. � F�� Ey. tc ti `� ; �� MiC a �_, � h eP C. Ke�mig, Pr�sident:") Sta#e of' "�'ex�s �s`'t 1 ss: �... Cowpty of Harris ..�� 'Y�n.wRl I . . Qn ti�iis �n day of sa,�m�,�,,�, xozo }�fore me persoRxlly same Adiohael �. Ke'rin' �o. that he resides in I-iou�ton, Teacas, that he is P�esident of S.UR�TEC INSU}�AN�� Q�,��, the com ar� described in and which executed the above �, me ]rnown, who, being by me duly sworn, did depose and say, instrument; .tfiathe ]t�oyvs the s�ai flfsaid Cnmpa�y; that.ttie seal affixei! tn said ir�strument is sii.ch corpor� e seaZ; that ii was so affxed by order ofthe Board of Directors of said Company; and that he signed his name thereto by like order. `l�4.'�� .,.�i'ANY EED - 1� � ! �f�r�� .��'�A ' � �--..._.`,.� .... �� --- -. � , . '� Cn�rn. �pfnw OR�30��3 Tan a 5n ; -. f - f — � . - S�IT•.. ' . � �r �� f�i�� NOi}3 ' p11��IC �- _- ---�� My commission eap�-es Maxeh 30, 2023 I 1, M. Brent Be.�tl'. Assistarit Secretaay df SUI;ETEC INSiJkr��?CE CQM�ANY, do h�reby nerCify that thc aiaove aod f�regoing.is a,true ar�d r�rrect c � af a Power vf ,,4ttorree}r, executed by said Company, ,vhich is stiil in fiil[ foree and effect; and furtharmore, the resoiutions of th� Board of Diractors, set Qut in the Power ofAftomay are in fu[! force and e�'ect. �y � Given w�der m,y hand and thc sea! of said �ompan.y at Houston, Texas �Chis h� �� "� �.day of � � �3 ? � �;�%� � o A.D. �. 4 � f � i'�� i� � � � � I 117, Brent Beaty, Assistsn @�e�a y -� !rty instr�htent issued in excess of tl�e Aenaf#�r stated a[soye Is tota!!y voEd an[f withvut �ny valldity: � 'er ►reri%cafton of the autfiodty oF thfs power you may cal! (713J 872-0800 any buspriess day betyveeR 8:3p am and 5:0p prn CST, ; U6 61 25 - 1 pRQI�CT RECOAI3 DOCI3MENTS Page 1 of 2 THE STATE OF T�XAS COUNTY O�` TARRANT sECTiorr oo sx 1a PAYMENT BaND Bond #44411'{5 § § KNDW ALL BY THESE PRESENTS: § That we, C& 5 LITILITY CONTRACTOR.S �NC. , "Prineipal" herein, and Sureiec Insurance Company laaown as a cozparate surety ( ar sureties if Fnnre t�an ane), duly authorized to do brjsiness in the State of Texas, irnown as "Surety" herein (whether ane or tnore}, are heZd and iir�nly bound unto fhe Develaper, BYD TALON HILL, DEVELOPMENT, LI1C , a�tl�orized to do business in Texas "{Develapez"), and the City of Pqrt Worth, a Texas municipal cozparation ("City"}, iu the penai sum of thirtv-three thousRnd �our hundred ei i�t -si� anc} Qp11p0 ($ 33.486.04), lawfui �noney of the United Siates, to be paid in Fart WortI�, Tarrant County, Texas, for the payment of wbich sufn weLl and tr�ly be made jointly unto tk�e I?e�eloper and the City as dual obligees, we bind ourselves, aur heizs, exeeutors, adininisirators, successors and assigns, jaintly and severalIy, firmly by these presents: WIiETtEAS, Dcvel�per and City ha��e entered into an Agreement far tb,e co�struction of commvniry facilities in tihe City of Fort Worth by and thraugtz a Community Facilzties Agreerz�ent, �PA Nu.�ber ZOi9-0498 ; and WHEREAS, Principal has entered into a certain writken Gontract rvith Develaper, awarcied the �day of �;e � , 20 � r , w�ich Contract is hereby referred to and made a part hereaf for a11 purposas $s if fully set faz-ti� herein, to furnish all maierials, equipment, labor and other aceessories as defined by law, in the prosecutian aftI�e Work as p�rovided for in said Contrac# and designaxed as TALON HILL PHASE III — COFW Pro'ect No. 1QZ190 NOW, TI�REFORE, '�'HE CONDITIC?N OF THIS OBLTGATI.ON is such that if Principai shall pay all manies owing tQ any (and all) payment bond beneficiary (as defined in Chapter 2253 o£the Texas Government Code, as amended) in ihe prosecution of the Work under tlse Contract, then tbis obIi�ation shali be and become null aad void; otherwise to remain in full force and effect. This bond is made and executed in cvmpliaz�ce with the prnvisious of Chapter 2253 af ihe 'Fexas Government Code, as arnended, and ali Iiabilities on tk►is bond shail be det�nined in accordat�cs wi� the provisions of said statu#e. CITY QF POR3' WORTH �.�r,a�r �.�, rfras� m STANDARi3 C2TY CONDTTIaNS — DEVELOPER AWARDED PltO]�CTS CITY PIL07ECT # t 02190 Revised lanuary 31, 20i2 �)06125-2 PRO]BCT R�CORD DQC[.i119EN�'g Page 2 of 2 �N �TN�'s� �CRE�F, the Principal and SUrety have each SIGNED a.�d SE,AI,ETy this instnuuent by du�y authorized agents and off cers on khis the 7 5th day of A ril 20 21 . � ' PRIlVCIPAL: C& S iJ�'II,ITY CONTRACTORS, INC. ATTEST: _ � (Princi al} Sec etazy � � Witness as to Principa! A3'TEST: ! r , l ,�` . r� Ij r E� j k�-�-,.�� f� �I. ,�.�._�'�' 1 �' _. - ( (��rely) Secreta� � BY: Signature - Charles Sa��lors, President Name aud Title � - Addr�ss: 6705 Hi�liwav 287 Arlin �tan, TX 7b0p1 � '—`�-� - � S[JIZET'S': SureTec Insu�ance Com an "1 � BY: � �' ti , � , Si�a .rr , .. � ; Rebecc�a Rockett, A#tarne -fn-Fec# Name aud Title �. Address: ,,,�� i{ ? '�` 7 5370 Wafson Dri�a - � � _ xi��;� ��y��_C � � ��_�-^�' ��.� �� ' Kemp, TX 75143 —�----�_ •. = — =.y- - - Witness as to �urety - -- — Tete hone Number: 214-382-0761 Nate: If signed by an ofiicer of the Surety, there mnst �ie on fiIe a certified exi�act from the bylavvs shovving that this person has authori#y to sign such obligation, If Surety's physical address is different from its mailing adclress, bath must be provided. The date of the }�ond shail not be prior to the date t}�e Gvntract is awarded. END pF SECTION CITY OF FORT WDR'TI� STANDAYtI] CiTY CQNDITIONS — DEVELOPER AWARDED PRO.TEC'TS TALON iIII,L pH,ygE I� Revised 7azmary 31, 2012 ��1' pR07ECT # IO2I94 POA �: 4221 i16 j Sure�'eC Insura�ce C"ompany L�M�TED POWER UF ATTQR_NEy Know A!1 ]1�'ert by T�t�se Presents, Tftat S�JRETE� ]NSUR,q�1e� COMPANY (the "Cornganq"), a corporat�an duly or�anized an� existing under the ]aws af the State af Texas, and having its principa� o�ce in Houston, Hatris Ca�nty, 'reKas, do�s by fh�se presents tnake, cansiitute and appoint Christfan Merritt, Rebecca Rockett �1ts t�'°e a�t� �a�'�'�1 Atturrxey-in-fact with full powar and a�xharity hereby cpnferred in its name, piace and s#ead, to execute, aelrnovrleefge ancE deli.ver any attd ail bonds, recbg�izanees, nndertakings or ather instruments or contracts af suretyship to inclade waivecs to �� conditions of contracts and consents ofsurety far, providing the boad penalty does riot eacceecf �� C�ne Millian and OD/1pp Dollars ($1,OOO,aQO.OQ and to bind the Company fhexaby as fuliy anii ta the same exient as if such band were signed by the President, seaZed with ti�a co orate seal af the Cnmpany and duly attested by its Se.cretary, here.by rati.fying and confrrz2ing a11 rF�at the saiii Attarney-in-Fact may don t�e premises. Said appointment is rnad� under and 6y authority o.f the fallawing resoirations of the Baard o#' �E�ctors �f the gureTec Tnsurxnce �ompany: Be rt Resolved, thai the president, any V ice_presidertt, a�y �qssistant Vies,Fresident, aay Secretar�, pr any qssisfarAf SecXetary si�ail be and is hereby vested with fulf �ower and authority ta appoint ar�y one or rnore suitahEe persons as Attarney{s)-in-Fac't to represent and aci for and on behalf of tlte Cnmpany su6ject ta Yhe follawing provisions: Attorney-rn-Fnc1 may be $iven fu1l power and autF�oriry for and in thg name .of and. oF het►alf of i#,e Company, tq qteGute, aekrtowtedg� and deliver, any and a17 honds, recogni�znces, contracts, agreements ac ir►domnity and other sanditional or obligator3� nndertakings and arty anc� af! noEices and doc-�ments canee�ing c�e Cermirrating the Cvmpany's liability thcreunder, and any such instr�ments so executed hy any such �1,ttorney-in-F'aet sPfa3! be hintting upon the Corr��any as ifsigr3ed by the Fresident and sealed tend effecfetl by the Corporale Secretary. Be rt Re,solved, that t}xa s;�ratur� of any aufhcKized o�cer and seal of the Company i�etetafore or hercafter at�'ix�d to any power.nf aEtomey or any.certifcate r�latirag theretn by faesimile, �nd any power of atto�ney ar cettificate bearing facsirrtii� sigr�arture or facsimile seal Sha!] be vaiid and binding �por� the Compaiey with respeeti fo any bond or undertaking to vs�hich if is attac[�ed, (,qtlapfed c�1 a meetirrg held or� zQ'h af�(pril 1999.) In Witness l�Yhereo,�; SU�ETEC INSURANCE CO.MPANY hes causeci thes.e presents to be signec! by its Presidea . and i�5 e � #o be her�to affixed this �n day af ��,�� A..�`J. 2ozo . � arporate sea� �E State of Texas ss; County aFHarris , .tlw., ��aaN� SUR�TEG IIY�URANCE.C�MPAI�Y `� �,,....,... cc f � �� jC �' �� g�,, � / � i �' ' n Mfchael �. Keimig, �'residenf ': 7:, �'�� -+�rn �� . . Qn t{ais a�n day af s�em�,.q,�. zo2o befbr� me �ersoi�ally came Mia[iael C, �Cei�nig, Yo me lcnovan, who, being by me duiy sworn, did depose anc� saY. that he resides in Houston, Texas, that he is President of:S.URE'I'EC IN��{�;�� Cp�pANY, the comparey described in and yuhich execute[1 the above instrumen#; tlia� he knows t4e �al n{ said Company; that thc seal �fftxed to szid instrument 'es such cpt�orata sea]; that it was so affixed 6y order nf the Board of �3irecto�s of said Compan}; and that he signcd his �narne theceto by Iike order. ..» �� . �es�'� �� :,:r%��ti�� si►��Ea �.�� s�a� ;.,� � �� C.atr�n� �'p$�,� � -., �� :,M !do#�rY tD 12�t�i1 i.-.-F� �,�x �.•,�.r�� .�.��:� h �� ' - -'� _ __. .. Tanya Snc�d, Nota�� Public My c.ommissiar� exp es I�farch 30, 2023 I, M. �irenf Beai]', Assistant �ecret�ry �� Si1RE7'�C INS�IRANCE COMAAt�fY,. do her�b cettif of a Power of Altor,aey, executed hy said Corttpany, �,hich �s still in fu21 for¢e and ef€ect; an� fur�thermare�gth �,�.� Q��g a� �e B ard of Directprs, � et out iR t�e Power of Aitarney are in iu€1 forae and effect, Gia�n undsr my hand and the sea! of saic� Company at Hnuston, 7'exas tf►is ,� � I --.,- - Y�� i.day of { .' ��` � f t �..` , A.D. �._.. �� ` . � �� M. Brent Beaty, ,�Ssistan ^ etary Arty instrun�ant lssued ie excess at the pena�t�, s�� bOYe �s totaliy vufd and wF#hout ar�y validlty; For verificatfon a€ the authority oF thls power you rriay cali �7�13} 873;08D0 any buslness iiay betwee� 8;3p �m and 5:00 pm CST, PROJECT R�CQR� DOCUMEN�S page t of3 TT�E STATE OF TEXAS SECTION QO b21g M.AINTENANCE BQNll Bond #4441 �115 COUNTY O�' TA1tRA1VT � § KNOW ALL BY TH�SE PRESENTS: § Tl�at we C& S UTXLITY CONi'RACT'ORS 1TiC. known as "Priiucipal„ herein and SureTec Insurance_ Corn�any -- .__`_ . a cozpara#e surety (suretiss, zt' more than one) duly authorized to da busin�ss in the State of Texas, lmown as "Surety" herein (whether one nr more), are held and firmrly bound unto the Developer, ByD TALON HILL DEVELOPMENT LLC, authorized to do 1�usiness rn Texas ("Der+elnper'� and the City af Fart Worth, a Texas r�un��pa� corporation ("City"), in the sum of thi �-three thausand %ur handred e� h�-six aud DO/1QOQ $33.485.00 , lawful maney of the Ilnited States, to be pazd in Fort Worth, Tarrant Count�,� '��as, far payru�nt of ryhiG� sum well azad truly be �nade joitrtly unto the Developer and the C�ty as dual obligees am! their successars, we bind ovrselves, ourheirs, executors, a€iministrators, successors and assi�s, join�ly and ser�e�ally, firrnly by these presents, t'4'HEREAS, Developer and City have entered into an Agreement for the canstructian of co�m�nity faciliLies in the City �f Fnrt �orth by and through a Cammunity Faeiiities Agreeznent, CFA Nuxnber �019-00�8 ;�� WHEREAB, the principa� has entered into a certain written contract with the Developer awarded the� day af _ -- _ ''��-- �.__ _.. , 2p ��, which Cantract is hereby referrec! ta and a rnade part hereof for al] purposes as if fi211y set forth laerein, to furnish a1X matErials, �q�pme�nt iabor and other accessories as defined by law, in the prosecution of the Work, including any WQr�C re��t�� a duly autl�arized Change Order {calfectively herein, the "Work") as proyided for in said Con�ract an.d designated as TALON HILL PHASE III — COFVV pro'ect No. iQZ�90, and WHEREAS, Principal binds itseif to use such inaterials and to sa construct the �Vork in aceordance witl�t the pTans, specifications and Contract J]Qcutnents that the Wark is and wili remain free from defeets in materia�s ot workmanship for aud d�ring the perind of two (2) years af�cr the date of Final Aaceptance of the Work by the �iry (��Maintenance Periad"); and crrsr ap FORr worzrx 5TANI}ARD CITY C�NDTFCON3— D$VELOPHR AWARIIE� PA07ECTS TALOItii HII.L PI],�SE CiT Revised January 31, 20l2 CI7'1' PRO.TECT # iD219Q PROJECT RECQRp Dp�U��TS Page 2 of 3 w�REAS, Pnnaipal brnds itself to repair or reconshvct the Wark in whole or in p� �po� receiving notice from the Deve�oper and/or City of the need t.hereof at any time w3ithin the Maint�n�� Period. NOW THEREFORE, t�e Gandition of this obligatinn is such that if Principat shall remedy any defective Worlc, for which timely notice was prov�ded by Developer or City, ta a completian satisfactory to the City, rhen this obli�ation shall become null and vaid; otherwise ta remain in full �orce an� ��'eet. PROViDED, HOWEVER, ifPrincipai shall faiI sa ta rcpair ur reconstruct any timaly noticed defective Work, it is agreed thaf the Developer ar City uaay ca�se any and al! such defective Work to be arepaired and/ar reconstructed with all associated costs thereof being t�orne by tt�e Principal and tt�e S�tet�, under this Maint�xia�ce Bond; and PROVIDED F[TRTRER, that if any tegal action be fled on this Bond, ven�ae shall lie inE Tar�-ant County, Texas or the United States District Cotu-t far the Northem District of Texas, Port Worth Division; and PRQVIDED F[11�'I'HER, �that tk�is abiigation shalI be contit�uons in nature and successive recoveriss may be had herean for succassive breac�es. CITY OF FORT WORTH STANI].4.RI3 CITY CONDl'TJONS - DEVELOPER AW TALON HII.L PhTASE EiI Revised 7anuary 31, 2012 A�ED PROJSCTS C1TY PR()n3�,"�` # 162190 PRpJECT RECQRp DOCUfsr1ENTS Pags 3 of 3 I]Y WITNESS V�VHEREO�, the �'rincipal and itje Sure�}r have each SIGNED and SEALED this instratnent by duly a�thorized agents and o�cers on t�is Yhe _ 15th __ day of __ �i� � 2(?_�. PAINCIP.AL: C& 5 UTiLTTY CQNTRACTORS, I1VC, ATT��T: � (Prin ipa retary____.. __.._ Witness as to Principal ATTEST: �� z ; �' � �_,��:� - '" (Surery) Seereta� �� BY: Signaiure -._ CharIes Sa�lars, P'residant Name and Title Address� 6703 Hi�way 287 Ar__ lin�*ton, TX 7600i � SCTRETy: SureTec fnsurat�ce Cvm an '� ; B�. � f � ' I +rl� "^_ '__.'_.. _.._ ._ �r�.- . _' --�,�--��-- � ' Sxgnature ' �.-� � � Rebecca Rockett, Attorney-ln-Fact Name and TitIe r{ 3 ' r ,'" i�_'• �7� �"r' . t �, ! � �� .� ,r � }j] � 1 v � J F�/ '�_ Witness as to" Surety Address: 1537p Watson Dr�ve _ emp 7X 7�51�_—.... __. Tele hane Number: 274-382-0761 *Note; Tf signed hy an of�cer of #he Surety Company� the� must be an fi.1e a certified extr�ct from the bY-Zaws showing that this person has aurhority tn sign such obligation. If Surery's physical addi'ess is diff�rent from its mailing addxess, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded, END QF SECTIQN CITY OF FdRT WQRTH STANDARI� CITY CON�I'L'IQNS —DEV�LOPER AWARI�PD PROSECTS '�'�`pN �L P�CA$$ I�I Revisedlan.uary31,2d12 CIT7CPRpJHC']`#� ]�219p ppq y; 422171 B Sure'�ec I�nsurance �ompa�� LIMITED P()�VER QF AT"TC�RI�TEY �Crrow Alf Men 6y T�eese. Prese�rts, 7'hat SL1R�`�'EC 1NSll[tANCE CpMpANY (the "Company"), a corporation duiy arganized and ra�isting under the ]aws of the State of T�exas, and havang its principal o�ce in Houstan, Harris Cau�tFy, Texas, dc�s by these presents make, eor�sEitute and appoint Chris#ian Merritt, Rebecca l�ockeft its tr��e aod Iaw�iut Attomey-in-fact, �,,,xti� �� ppw�r and authority hereby conferred in. its name, place ar�c� stead, tn ex�e�te, aclrnawledge and deliver any and a�1 boncfs, recognizances, undertakings or other in�trurnents or contracts ofsuretyship to �r�Civde waivers to the canditions of contracts ar�d eonsents nf surety for, pr�vidirrg the bond p�nalty does �iot e7cceed Qne Million and QD/100 Dollars ($1,ppp,00(f.QQ} and to bind the Cvmpany fftexeby as fu�1y and �6 the saute extent as if sech bond wer.e si$ned by the Presld�nt, sealed u+ith the corporate seal af the Company atld duIy attested by its Secretar.y, here.by rati.fying and con�rming aiI tha# che said Artomey-i❑-Fact may do in the prerttises. Sa;id appointment is �nade� under at�d by authprit}+ of the fol�awing r�soiu#ions of fhe 8oard of Directors of ihe SureTec Insurance Company Be it Resalved, t�at the Aresident, any Yice-Pr.esident, any Assistani Viee-Presitlent, any Secretary or arEy Assistar�t Secretary shall be and is hereby vested with full power and. autharity ta appc�int ar,y une or more suiYable persons as Attorney(sj.in-Fact to represent and act t'or and on behaEf ofthe Company subjcct to the following provisions: � Ariorney-iM,Fncr may be giyen :Fi31.1 poH,er and a��o�n, �or and in the name nf and of behalf of fhe Cvr�ap�ay� to execnte, ackn�w�cdge and deliv�r, any a�d a�i 'bbnds, recognizances, contracts, agreer�e�ts or iadernn;ty and ather conditiona! or o6figatory undertakings and any and al! no�ices and docc�ments caneclirtg or #erminating the Company's liab�tity thereunder, and any s�ch i�s�rume�ts so axecutud hy any sueh Attomey-in-Fact sHall.be binding uptrn #!�� Company as ff signed by the Pr�sident and sealed and er'�eated by ths Cnrporefe S�cretary. Be r1 Resafver� fhat the sig�atur� of any authorized ofiieer and sea[ o{ tha Cor�,p��, ��retofora or her�after at�ixed to a€�y pawer of attorney or any.certi6cate relating tftereto by facsienile, artd any power af attorncy or certificate bearing facsimife signat�re ar iacsiarii:te seai shatl be va�id and �iinding upon the �oinpany i,yith respcct to any bnnd or e�nderta[cfng to vvhich it is attached. (,qc[op�ed at a meeEing held on 2tI'�` of,4pril, l999.) In Witness Wlrereof, SURETEC INSURANCE COMFANY has caused thes.e presents to be sig�ed by its .President, and its eorpurate seal ta be hereto afl`Sxed this su, day of sa,�m�, A.]D. zazo . State of Texas ss: Co�nty ofHanis ��j�iaN�� SURETEC II�SURA2�TCE:CQMPANY �(�iJl ~ y�''��. fi. �y� B�: : r/� y� {tlf_lli. �s . � t �;� = Michael C. Keimig, Presidenf:', �� ....,__'' `''-�..,..W , Qn t[�is su, tlay of saar�mo� ,�[,}. zozo b��'orc ine peisonally came Michael C_ Keiinig, ta.me kriawn, who, being by me duly sworn, d"ed dapose encf say, that he tesides in Ha�a�ton, Texas, that he is president of 9URETEC INgtJKqNC,� C��,Jp�,Y} the company ciescribed in and which executed ttie above irrstrument; .tiiat he ]cnows the seal af said Company; that th� seai a�xed to said instrument is such corporate �eai; thst it was so affixed by oeder of tha �oard of DireCtors af said Company; ,and that hc signed his nartte thereto by �fke arder. v•. � +. ..[�adi6rAA�u'�s_4�J�,. � �=�X� ra °-� r��y� sN��a < <, < ��, ,� � ��.�«� :, ;�' �►- ��.a� �& ' •: i'c� •,� ld�FerY #D 1 �' T1Z31 �,.s,,.��x .��r,ti��+ t � �� - - _ Tanya 6nee�d,�Nn#��}-�'ub�ic - My comrriission exp�-�s March 3{i, 2023 I I> M. Brenf Seaty, Assi�ant Se�retary ofSLIRETEC INSCJRAN�E CO�WJP,AAIY, do hereby certiify that the afiove and fivrcgoing.is a uue and correct c�iPY oF a Power of .Qttnmey, exe�uEed by said Comp�ny, whieh is stil l in fa]! foree and cffeet; and furthermnre, the resoiutions of the $oard of Directors, set out i» th� Power of,4ttorney are.in fir[! fore� and �ff,ect. � Given under my k�and and the sea! of saiif. �ompar�y at Housion,. Texas this ��' � -�� -- � J i 1.�''�ay af �-_ `� � �� - �' , A.I�. � �' r -� �� -- - . �� ,, r --� �� M. Brent Begty, Assistan�i'Se�fetary ` � 4ny instrument issued in excess o# the penafty stated above IS totally vold an8 withcut any validlty. �or verEFcation of the au�horityr qf this power you may calf {773) 872.OgaR any B�sirtess elay betw�en 8:3D am and 6:00 pm Cg7', SureTec �nsurance Company IMP4RTANT NQTICE S�a#utory Complaint Notice/Filing vf Glaims Ta obtain information or make a complaint: You may call t1-,e guret}�s tall free telephane number fat information or to make a compfaint or fiile a claim at: 1-886-732_009�, You may aiso wrRte to the Surety at; SureTec Insurance Company 9737 Great Hiils Trail, Suiie 320 Ausfin, TX 78759 Yau ►r'iay contact the Texas �epartmen# af Insurance to obtain information on companies, coverage, righfs or camplaints at 1-840-252- 3439. You may wrjte #he Texas Department af Insurance at: PO Bax 149104 Austin, TX 787'14-g904 Fax#; 512-494-9007 Web: htt J/www.tdi.taxas. ov Email: ConsumerProtection@tdi.texas.gov PR�MIlJM OR CLAIMS pfSPUTES; Shoufd yau have a dispute conceming your pr�mium or abaut a claim, you should contact khe 5urety frst. !f the dfspute is not resolved, you may contacf fhe Texas pepartrnent of Insur�nce. Tacas Rider SY2014 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 – Definitions and Terminology 1 1.1 Defined Terms ............................................................................................................................... 1 1.2 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters 6 2.1 Before Starting Construction ........................................................................................................ 6 2.2 Preconstruction Conference .......................................................................................................... 6 2.3 Public Meeting .............................................................................................................................. 6 Article 3 – Contract Documents and Amending 6 3.1 Reference Standards ...................................................................................................................... 6 3.2 Amending and Supplementing Contract Documents ................................................................... 6 Article 4 – Bonds and Insurance 7 4.1 Licensed Sureties and Insurers ...................................................................................................... 7 4.2 Performance, Payment, and Maintenance Bonds ......................................................................... 7 4.3 Certificates of Insurance ............................................................................................................... 7 4.4 Contractor’s Insurance .................................................................................................................. 9 4.5 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12 Article 5 – Contractor’s Responsibilities 12 5.1 Supervision and Superintendent ................................................................................................. 12 5.2 Labor; Working Hours ................................................................................................................ 13 5.3 Services, Materials, and Equipment ........................................................................................... 13 5.4 Project Schedule .......................................................................................................................... 14 5.5 Substitutes and “Or-Equals” ....................................................................................................... 14 5.6 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ...................................... 16 5.7 Concerning Subcontractors, Suppliers, and Others .................................................................... 16 5.8 Wage Rates .................................................................................................................................. 18 5.9 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 TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 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 7.1 Inspections, Tests, and Approvals ............................................................................................... 26 7.2 Limitations on City’s Responsibilities ........................................................................................ 26 7.3 Compliance with Safety Program ............................................................................................... 27 Article 8 – City’s Observation Status During Construction ............................................................................ 27 8.1 City’s Project Representative ...................................................................................................... 27 8.2 Authorized Variations in Work ................................................................................................... 27 8.3 Rejecting Defective Work ........................................................................................................... 27 8.4 Determinations for Work Performed .......................................................................................... 28 Article 9 – Changes in the Work ..................................................................................................................... 28 9.1 Authorized Changes in the Work ................................................................................................ 28 9.2 Notification to Surety .................................................................................................................. 28 Article 10 – Change of Contract Price; Change of Contract Time ................................................................. 28 10.1 Change of Contract Price ............................................................................................................ 28 10.2 Change of Contract Time ............................................................................................................ 28 10.3 Delays .......................................................................................................................................... 28 Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....................... 29 11.1 Notice of Defects ......................................................................................................................... 29 11.2 Access to Work ........................................................................................................................... 29 11.3 Tests and Inspections .................................................................................................................. 29 11.4 Uncovering Work ........................................................................................................................ 30 11.5 City May Stop the Work ............................................................................................................. 30 11.6 Correction or Removal of Defective Work ................................................................................ 30 11.7 Correction Period ........................................................................................................................ 30 11.8 City May Correct Defective Work .............................................................................................. 31 Article 12 – Completion .................................................................................................................................. 32 12.1 Contractor’s Warranty of Title .................................................................................................... 32 12.2 Partial Utilization ........................................................................................................................ 32 12.3 Final Inspection ........................................................................................................................... 32 12.4 Final Acceptance ......................................................................................................................... 33 Article 13 – Suspension of Work ..................................................................................................................... 33 13.01 City May Suspend Work ............................................................................................................. 33 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 Article 14 – Miscellaneous .............................................................................................................................. 34 14.1 Giving Notice .............................................................................................................................. 34 14.2 Computation of Times ................................................................................................................ 34 14.3 Cumulative Remedies ................................................................................................................. 34 14.4 Survival of Obligations ............................................................................................................... 35 14.5 Headings ...................................................................................................................................... 35 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.1 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 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 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. CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 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. CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 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. CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 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. 1.2 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. CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2 – PRELIMINARY MATTERS 2.1 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. 2.2 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.3 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 3.1 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. 3.2 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; CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 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 4.1 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. 4.2 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. 4.3 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. CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 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 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 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. 4.4 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 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 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” coverages. 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. CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: NONE Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a. General Aggregate: NONE Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : NONE Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 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. 4.5 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 5.1 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 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 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. 5.2 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. 5.3 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 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. 5.4 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. 5.5 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 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 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 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 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. 5.6 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 5.7 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 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 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.8 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 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 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. 5.9 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 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 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 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 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. CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 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. CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 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 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 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. CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 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. CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 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 7.1 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.2 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. CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.3 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 8.1 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. 8.2 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. 8.3 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. CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.4 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 9.1 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. 9.2 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 10.1 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.2 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.3 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. CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.1 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. 11.2 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. 11.3 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. CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 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. 11.4 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. 11.5 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. 11.6 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. 11.7 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 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 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. 11.8 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 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 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 12.1 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. 12.2 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. 12.3 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 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. 12.4 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 CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 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 14.1 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. 14.2 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. 14.3 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH TALON HILL PHASE III STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 14.4 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. 14.5 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 00 61 25 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 3 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 Revised December 20, 2012 SECTION 01 11 00 SUMMARY OF WORK GENERAL 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. 00 61 25 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 3 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 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. 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. 00 61 25 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 3 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT # 102190 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 00 61 2519 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 3 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT # 102190 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. 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 e. Other City representatives 00 61 2519 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 3 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT # 102190 Revised August 30, 2013 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 00 61 2519 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 3 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT # 102190 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 00 61 25 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 8 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT #102190 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 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. 00 61 25 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 8 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT #102190 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 00 61 25 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 8 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT #102190 Revised August 30, 2013 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 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 00 61 25 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 8 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT #102190 Revised August 30, 2013 6) Product photographs 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) 00 61 25 - 5 DAP PROJECT RECORD DOCUMENTS Page 5 of 8 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT #102190 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 00 61 25 - 6 DAP PROJECT RECORD DOCUMENTS Page 6 of 8 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT #102190 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. 00 61 25 - 7 DAP PROJECT RECORD DOCUMENTS Page 7 of 8 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT #102190 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 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] 00 61 25 - 8 DAP PROJECT RECORD DOCUMENTS Page 8 of 8 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT #102190 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 00 61 2513 - 1 DAP PROJECT RECORD DOCUMENTSPROCEDURES Page 1 of 7 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT #102190 Revised August, 30, 2013 SECTION 01 35 13 SPECIAL PROJECT PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedures for special project circumstances that includes, but is not limited to: a. Coordination with the Texas Department of Transportation b. Work near High Voltage Lines c. Confined Space Entry Program d. Air Pollution Watch Days e. Use of Explosives, Drop Weight, Etc. f. Water Department Notification g. Public Notification Prior to Beginning Construction h. Coordination with United States Army Corps of Engineers i. Coordination within Railroad permits areas j. Dust Control k. Employee Parking l. {Coordination with North Central Texas Council of Governments Clean Construction Specification [remove if not required]} 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 33 12 25 – Connection to Existing Water Mains 1.2 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. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction Specification 1.3 ADMINISTRATIVE REQUIREMENTS A. Coordination with the Texas Department of Transportation 1. When work in the right-of-way which is under the jurisdiction of the Texas Department of Transportation (TxDOT): a. Notify the Texas Department of Transportation prior to commencing any work therein in accordance with the provisions of the permit 00 61 2513 - 2 DAP PROJECT RECORD DOCUMENTSPROCEDURES Page 2 of 7 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT #102190 Revised August, 30, 2013 b. All work performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines 1. Regulatory Requirements a. All Work near High Voltage Lines (more than 600 volts measured between conductors or between a conductor and the ground) shall be in accordance with Health and Safety Code, Title 9, Subtitle A, Chapter 752. 2. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 3. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage-type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 4. Work within 6 feet of high voltage electric lines a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de-energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA’s Permit Required for Confined Spaces D. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section 01 31 13 E. Water Department Coordination 1. During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. 00 61 2513 - 3 DAP PROJECT RECORD DOCUMENTSPROCEDURES Page 3 of 7 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT #102190 Revised August, 30, 2013 2. Coordinate any event that will require connecting to or the operation of an existing City water line system with the City’s representative. a. Coordination shall be in accordance with Section 33 12 25. b. If needed, obtain a hydrant water meter from the Water Department for use during the life of named project. c. In the event that a water valve on an existing live system be turned off and on to accommodate the construction of the project is required, coordinate this activity through the appropriate City representative. 1) Do not operate water line valves of existing water system. a) Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor will be prosecuted to the full extent of the law. b) In addition, the Contractor will assume all liabilities and responsibilities as a result of these actions. F. Public Notification Prior to Beginning Construction 1. Prior to beginning construction on any block in the project, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: a. Post notice or flyer 7 days prior to beginning any construction activity on each block in the project area. 1) Prepare flyer on the Contractor’s letterhead and include the following information: a) Name of Project b) City Project No (CPN) c) Scope of Project (i.e. type of construction activity) d) Actual construction duration within the block e) Name of the contractor’s foreman and phone number f) Name of the City’s inspector and phone number g) City’s after-hours phone number 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit A. 3) Submit schedule showing the construction start and finish time for each block of the project to the inspector. 4) Deliver flyer to the City Inspector for review prior to distribution. b. No construction will be allowed to begin on any block until the flyer is delivered to all residents of the block. G. Public Notification of Temporary Water Service Interruption during Construction 1. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. 2. Prepared notice as follows: a. The notification or flyer shall be posted 24 hours prior to the temporary interruption. b. Prepare flyer on the contractor’s letterhead and include the following information: 1) Name of the project 2) City Project Number 3) Date of the interruption of service 4) Period the interruption will take place 00 61 2513 - 4 DAP PROJECT RECORD DOCUMENTSPROCEDURES Page 4 of 7 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT #102190 Revised August, 30, 2013 5) Name of the contractor’s foreman and phone number 6) Name of the City’s inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. H. Coordination with United States Army Corps of Engineers (USACE) 1. At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. I. Coordination within Railroad Permit Areas 1. At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad’s requirements. J. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is performed, capture and properly dispose of slurry. K. Employee Parking 1. Provide parking for employees at locations approved by the City. L. {Coordination with North Central Texas Council of Governments (NCTCOG) Clean Construction Specification [if required for the project] 1. Comply with equipment, operational, reporting and enforcement requirements set forth in NCTCOG’s Clean Construction Specification.} 00 61 2513 - 5 DAP PROJECT RECORD DOCUMENTSPROCEDURES Page 5 of 7 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT #102190 Revised August, 30, 2013 1.4 SUBMITTALS [NOT USED] 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.6 CLOSEOUT SUBMITTALS [NOT USED] 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.8 QUALITY ASSURANCE [NOT USED] 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.10 FIELD [SITE] CONDITIONS [NOT USED] 1.11 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 1.3.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 00 61 2513 - 6 DAP PROJECT RECORD DOCUMENTSPROCEDURES Page 6 of 7 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT #102190 Revised August, 30, 2013 EXHIBIT A (To be printed on Contractor’s Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 00 61 2513 - 7 DAP PROJECT RECORD DOCUMENTSPROCEDURES Page 7 of 7 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT #102190 Revised August, 30, 2013 EXHIBIT B 00 61 25 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 2 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT # 102190 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 City’s document management system, or another form of distribution approved by the City. 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 00 61 25 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 2 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT # 102190 Revised March 20, 2020 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. 00 61 25 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised JULY 1, 2011 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City’s Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired 00 61 25 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised JULY 1, 2011 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City’s established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control 00 61 25 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised JULY 1, 2011 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on-call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE-INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities 00 61 25 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised JULY 1, 2011 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 00 61 25 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 3 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 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. 00 61 25 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 3 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 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 00 61 25 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 3 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE 00 61 25 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 3 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW#102190 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 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 B. 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. 00 61 25 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 3 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW#102190 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 00 61 25 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 3 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW#102190 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 00 61 25 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 2 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 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] 00 61 25 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 2 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised March 20, 2020 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City’s website. 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised April 7, 2014 SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised April 7, 2014 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer’s recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer’s recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City’s Project Representative. 5. Provide off-site storage and protection when on-site storage is not adequate. a. Provide addresses of and access to off-site storage locations for inspection by City’s Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers’ unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City’s Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City’s Project Representative. 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised April 7, 2014 SECTION 01 74 23 CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 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. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised April 7, 2014 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 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 1. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City’s Project Representative. 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PAT 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised April 7, 2014 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor’s Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised April 7, 2014 SECTION 01 78 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 ½ inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer’s printed data, or neatly typewritten 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised April 7, 2014 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised April 7, 2014 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised April 7, 2014 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 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 1.3 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City’s Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised April 7, 2014 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 Revised April 7, 2014 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH TALON HILL PHASE II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS COFW #102190 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