HomeMy WebLinkAboutContract 56742-PM1PROJECT MANUAL
FOR
THE CONSTRUCTION OF
WATER AND SANITARY SEWER IMPROVEMENTS
TO SERVE
FORT WORTH SOUTH
BUILDING 5, 6, & WERNER LOT
IPRC21-0108
City Project No. 103629
FID 30114-0200431
File No. K-2716
X-File No. X-27071
Mattie Parker David Cooke
Mayor City Manager
Christopher P. Harder, P.E.
Water Director
William Johnson
Director, Transportation and Public Works Department
Prepared for
The City of Fort Worth
October 2021
Prepared by:
Texas Registered Engineering Firm F-928
801 Cherry Street, Suite 1300, Unit 11
Fort Worth, TX 76102
817.339.2275
Kimley-Horn No. 061289703
CSC No. 56742-PM1
00 00 00
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 1 of 5
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103629
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
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 2 of 5
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103629
Revised March 20, 2020
Technical Specifications which have been modified by the Engineer specifically for this
Project; hard copies are included in the Project’s Contract Documents: NONE
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/
Division 02 - Existing Conditions Last Revised
02 41 13 Selective Site Demolition 12/20/2012
02 41 14 Utility Removal/Abandonment 12/20/2012
02 41 15 Paving Removal 02/02/2016
Division 03 - Concrete
03 30 00 Cast-In-Place Concrete 12/20/2012
03 34 13 Controlled Low Strength Material (CLSM) 12/20/2012
03 34 16 Concrete Base Material for Trench Repair 12/20/2012
03 80 00 Modifications to Existing Concrete Structures 12/20/2012
Division 26 - Electrical
26 05 00 Common Work Results for Electrical 11/22/2013
26 05 10 Demolition for Electrical Systems 12/20/2012
26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012
26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011
26 05 50 Communications Multi-Duct Conduit 02/26/2016
Division 31 - Earthwork
31 10 00 Site Clearing 12/20/2012
31 23 16 Unclassified Excavation 01/28/2013
31 23 23 Borrow 01/28/2013
31 24 00 Embankments 01/28/2013
31 25 00 Erosion and Sediment Control 12/20/2012
31 36 00 Gabions 12/20/2012
31 37 00 Riprap 12/20/2012
Division 32 - Exterior Improvements
32 01 17 Permanent Asphalt Paving Repair 12/20/2012
32 01 18 Temporary Asphalt Paving Repair 12/20/2012
32 01 29 Concrete Paving Repair 12/20/2012
32 11 23 Flexible Base Courses 12/20/2012
32 11 29 Lime Treated Base Courses 12/20/2012
32 11 33 Cement Treated Base Courses 12/20/2012
32 11 37 Liquid Treated Soil Stabilizer 08/21/2015
32 12 16 Asphalt Paving 12/20/2012
32 12 73 Asphalt Paving Crack Sealants 12/20/2012
32 13 13 Concrete Paving 12/20/2012
32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018
32 13 73 Concrete Paving Joint Sealants 12/20/2012
32 14 16 Brick Unit Paving 12/20/2012
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 3 of 5
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103629
Revised March 20, 2020
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
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
00 00 00
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 4 of 5
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103629
Revised March 20, 2020
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
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-6.09 Permits and Utilities
GR-01 60 00 Product Requirements
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 5 of 5
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103629
Revised March 20, 2020
END OF SECTION
00 42 43
DAP - BID PROPOSAL
Page 1 of 3
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Project Item Infommtian Bidder's Proposal
[3idlist Description Specifica[ion Seclion No. Unit of Bid Unit Price E3id Value
ilem No. Measure Quantity
UNIT I: WATER IMPROVEMENTS
1 0241.0100 Remove Sidewalk 02 41 13 SF 90 $86.00 $7,740.00
2 0241.1000 Remove Conc Pvmt 02 41 15 SY 60 $204.00 $12,240.00
3 0241.1300 Remove Conc Curb&Gutter 02 41 15 LF 15 $39.00 $585.00
4 3213.0105 10" Conc Pvm[ 32 13 13 SY 60 $42.21 $2,532.60
5 3213.0303 6" Conc Sidewalk 32 13 20 SF 22 $5.50 �121.00
6 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 15 $5.93 $88.95
7 3305.0109 Trench Safety 33 05 10 LF 80 $1.00 $80.00
8 3305.0112 Concrete Collar 33 05 17 EA 3 $160.00 $480.00
9 3311.0241 8" Water Pipe 33 11 10, 33 11 12 LF 80 $71.00 $5,680.00
10 3312.0001 FireHydrant 331240 EA 1 $5,235.00 $5,235.00
11 3312.0106 Connection to Existing 16" Water Main 33 12 25 EA 2 $2,764.00 y5,528.00
12 3312.0117 Connection to Existing 4"-12" Water Main 33 12 25 EA 6 $1,792.00 $10,752.00
13 3312.2003 1" WaterService 331210 EA 2 $1,593.50 $3,187.00
14 3312.2103 1 1/2" WaterService 331210 EA 1 $2,450.00 $2,450.00
15 3312.2203 2" Water Service 33 12 10 EA 2 $2,993.00 $5,986.00
16 3312.3104 10" Cut-in Gate Valve 33 12 20 EA 1 $2,100.00 $2,100.00
17 3312.3106 16" Cul-in Gate Valve w/ Vault 33 12 20 EA 1 $15,974.00 $15,974.00
TOTAL UNIT I: WATER IMPROVEMENTS $80,759.55
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Fortn Version September 1, 2015 00 42 43_Bid Proposal.xism
00 42 43
DAP - 81D PROPOSAL
Page 2 of 3
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Project Ttem Infom�ation Bidder's Proposal
�idlis[ Descriptian Specification Seclion No. Unit of B�d Unit Price Bid Value
item No. Measure Quantity
UNIT II: SANITARY SEWER IMPROVEMENTS
1 3301.0002 Post-CCN Inspec[ion 33 01 31 LF 1063 �52.00 �2,126.00
2 3305.0109 Trench Safet 33 05 10 LF 1063 $1.00 $1,063.00
3 3305.0113 Trench Water Sto s 33 05 15 EA 3 �y1,590.00 $4,770.00
4 3331.4115 8" Sewer Pipe 33 11 10, 33 31 12, 33 31 20 LF 993 $42.93 $42,629.49
5 3339.0001 Epox Manhole Liner 33 39 60 VF 15 $330.00 $4,950.00
6 3339.1001 4' Manhole 33 39 10, 33 39 20 EA 2 $4,377.00 $8,754.00
7 3339.1002 4' Drop Manhole 33 39 10, 33 39 20 EA 1 $5,405.00 $5,405.00
8 3339.1004 4' Shallow Manl�ole 33 39 10, 33 39 20 EA 2 $3,950.00 $7,900.00
9 333 L4119 8" DTP Sewer Pi e 33 I 1 10 LF 70 $100.00 $7,000.00
TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS �69,697.49
CITY OF FORT WORTH -
STANDARD CONSTRUCTION SPECIFICATION OOCUMENTS - DEVELOPER AWAROED PROJECTS
Form Version Septem6er 1, 2015 004243_Bid Proposal.xlsm
00 42 43
DAP - BID PROPOSAL
Page 3 of 3
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Project Ilem Infommtion �idders Proposal
Fiidlist Unit of Bid
Item No. Description Specification Section No. Measure Quantity Uni[ Price E3id Value
ts�a aummary
UNIT I: WATER IMPROVEMENTS
UNIT II: SANITARY SEWER IMPROVEMENTS
Conh�actm• agrees to complete \VORK for PINAL ACCEPTANCE within
CONTRACT commences ta run as provided in [he General Conditions.
F,ND OP SECTION
CIN OF FORT WORTH
STANDARD CONSTRUCTION SPECIFlCATION DOCUMENTS - �EVELOPER AWARDED PROJECTS
Fortn Version Septemher 1, 2015
$80,759.55
Tofal Consh•uction Bid� $150,457
90 �s•m�king da}'s af[er tLe date when the
00 42 43_Bid Proposal.xlsm
ooas ia
DAP PREQUAUF[CATION STATEMENT
Page l of 1
SECTION 00 45 12
DAP — PREQUALIFICATION STATEMENT
The under•signed hereby certifies that the contractois and/or subcontractois described in the table above
are currently pc�equalified for the work types listed.
BIDDER:
COMMERCE CONSTRUCTION CO., LP
By: John R. Burroughs
(Si ature)
TITLE: President
DATE: 10/07/2021
END OF SECTION
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CITYPROJECT NO. 103629
Form Version Septem6er 1, 2015 '
Each Bidder is required to complete the information below by identifying the prequalified contcactors
and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maioi• Work
Tvpe" boY pi•ovide the complete majoi• work type and actual desci•iption as provided by the Water
Depai•tment for water and sewer and TPW for pavin�
00 45 26 - I
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
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SECTION 00 45 26
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor cei•tifies that it
provides worker's compensation insurance coverage for all of its employees employed on City
Project No. 103629 Contractor further certifies that, pursuant to Texas Labor Code, Section
406.096(b), as amended, it will provide to City its subcontractoi's certificates of compliance with
worker's compensation coverage.
CONTRACTOR:
Commerce Construction Co LP
Company
13191 Crossroads Pkwy N. 6th Floor
Address
City of Industry, CA 91746
City/State/Zip
THE STATE OF TEXAS
COUNTY OF TARRANT
ry
��
�
By: John R. Burroughs
(Please Print)
Signature:
Title: President
(Please Print)
BEFORE ME, the undersigned authority, on this day personally appeared
John R. Burroughs , known to me to be the person whose name is
subscribed to the foi�egoing instrument, and acknowledged to me that he/she executed the same as
the act and deed of President for the pui•poses and
considei•ation therein expressed and in the capacity therein stated.
GIVEN LTNDER MY HAND AND SEAL OF OFFICE this �th day of
October , 20 2�.
>�" "� PATRICIA JOYCE SNEFFIELD �
� E` Notary ID #6491003 Notary Public in an f r the State T xas
� My Commission Expires
s �
'�F OF S�'P February 26, 2023
END OF SECTION
CITY OF FORT WORTH FORT IVORTHSOUTH BUILDING 5, 6, 8 6i�ERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS C/TYPROJECTNO. 103629
Revised April 2, 2014
00 52 43 - 1
Devefoper Awarded Projecl Agreement
Page 1 of 4
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SECTION 00 52 43
AGREEMENT
THIS AGI�EM�NT, authorized on is made by and between
the Developer, Fort Worth Everman/Risinger Develou�nent, LLC, authorized to do business in
Texas ("Developer"), and Commerce Construction Co., L.P., authot-ized to do business in Texas,
acting by and througli its duly authorized representative, ("Contractor"),
8 Developer and Contractor, in consideration of tlle mut�ial covenants hereinafter set forth, agree as
9 follows;
10 Ai•ticle 1. WORK
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Contractor shall complete all Worlc as specified or indicated in the Contract Documents for the
Project identified herein,
Article 2. PROJ�CT
The project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
WATER AND SANITARYSEWER IMPROi�EMENTS TO SERVE FORT WOR'I'HSOUTH—
BUILDING S, 6, & WERNER LOT
CITYPROJECT No. 103629
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 Conti•act.
23 3.2 Final Acceptance.
24 Tlie Work will be complete for Final Acceptance within 90 worlcing days aftei• the date
25 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard
26 City Conditions of the Construction Contract for Developer Awarded Projects.
27 3.3 Liquidated damages
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Contractor t•ecognizes tllat 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
Paragcaph 3,2 above, plus any e�:tension thereof allowed in accordance with Article 10 of
the Standard City Conditions of the Constiuction Contract for Developer Awarded
Pirojects. The Contractor also recognizes the delays, expense and difficulties involved in
proving in a legal pi•oceeding the actual loss suffered by the Developer if t11e Woi•]c is not
completed on ticne. Accordingly, instead of requiring any such proof, Contractor agrees
that as liquidated damages for delay (but not as a penalty), Contractor shall pay
Developer Zero Dollars ($0.00) for each day that expires after the time specified in
Pai•agraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance,
C[TY OF PORT WORTH tiOR7' GVORTHS'OUTHHU/L.DING 5, 6. & 4YF.NNF.R I,OT
STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS — DEVELOPER AWARDED PROJGCTS CITY PROJGCT NO. 103629
Revised June 1 G, 2016
005243-2
Developer A�varded Project Agreement
Page 2 of 4
38 Article 4. CONTRACT PRICE
39 Developer agrees to pay Conteactor for performance of the Worl< in accordance with the Contract
40 Documents an arnount in curcent fitnds of One Hundred-Fiftv Thousand Four Hundred Fift�
41 Seven and 04/100 Dollars ($150,457.04).
42 Article 5. CONTRACT DOCUMENTS
43 5.1 CONTENTS;
44 A. The Contract Docurnents which comprise the entire agreement between Developer and
45 Contractor concerning the Worlc consist of the following:
46 l. This Agreement,
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SR
2. Attaclunents to this Agreement:
a. Bid Form (As pi'ovided by Developer)
1) Proposal Form (DAP Veision)
2) Preqttali�cation Statement
3) State and Federal documents (project s�ecifr.c)
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. Worlcer's Compensation Affidavit
h. MBE and/or SBE Commitment Form (If requit•ed)
59 3. Standard City General Conditions of the Construction Contract for Developer
60 A��arded Projects.
61 4. Supplementaiy Conditions.
62 5. Specifications speci�cally made a part of the Contract Documents by attachment
E3 or, if n�C allached, as incorporated by reference and described in the Table of
64 Contents of the Project's Contract Documents.
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6. Drawings.
7. Addenda.
8. Documentation submitted by Conti•actoi• 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 incoiporated part of the Contract Doctunents:
a, Notice to Proceed,
b. Field Orders,
c. Change Orders.
d. Lettei• of Final Acceptance.
CITY OF FORT WORT[I FOR7' N'ORTHSOUTHBUILDING S, 6. & YI'ERNGR L07'
STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS— D�VELOPER AWARDED PROJECTS CITYPROJECTNO. 103629
Revised June 1 G, 201 G
005243-3
Developer Awarded Project Agreement
Page 3 of 4
76 Article 6. INll�MNIFICATTON
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6.1 Co�itractor covenants a►id ag►•ees to indemnify, hold lia►�mless a�td defend, at its ow►i
expeyise, tlie city, its of�cers, sei•va�rts and employees, fi�om and agai�ist a�iy a�id all
claims arisiug out of, o�� alleged to arise out of, the worlc aud services to be perfor�ned
by the cotitractoc•, its of�cei•s, ageiits, employees, subcont►•acto►•s, licerises or iiivitees
under this contract. Tliis indemuification provisiou is sAecifically intended to operate
and be effective even if it is alleged or proven that all or some of the dama�es bein�
sou�ht were caused, in whole or in pai•t, by auy act, omission or ne�li�ence of the city.
This i�idemuity provision is inte�ided ta iciclude, without limit�tio�i, i�idemiiity for
costs, expenses aud legal fees i�icui•i•ed by the city in defeiidi�ig agai�ist such claims a�id
causes of actio�is.
6.2 CoutrZctor covena►rts and ag�•ees to indemnify and hold harrnless, at its own expense,
the city, its officers, sei•vauts a�id employees, fi•om a�id agai�ist aliy aiid all loss, damage
oi� dest►•uctio�i of property of tlie city, ai•isi�ig out of, or alleged to arise out of, the worlc
a�id sei•vices to be pe►•formed by tiie co�itractoi•, its officei•s, age�its, einployees,
suUco�►ti•actors, lice�isees o►� invitees wide►• this C011tl•act. Tfiis i�idemnificatio�i
provisio�i is specifically iiite�►ded to oUe►•ate a►id be effective eve�i if it is alle�ed oi•
Uroveii that all oi• some of the dama�es bei�i� sou�tit wei•e caused, i�i wfiole or i�i part,
by a�iV act, omissio�i or �ie�li�ence of tlie city.
Article 7. MISC�LLANEOUS
98 7.1 Terms.
99 Tei7ns used in this Agceement ai•e defined in Article 1 of the Standard City Conditions of
100 the Construction Contract for Developer Awarded Projects,
101 7.2 Assigmnent of Contract,
102 This Agreement, including all of the Contract Documents may not be assigned by the
] 03 Contractor without the advanced e�;press written consent of the Developer.
104 7.3 Successors and Assigns.
l05 Developei• and Contractor eacll binds itself, its partners, successors, assigns and legal
!06 i•epresentatives to the other party liereto, in i•espect to all covenants, ag►•eements and
107 obligations contained in the Contract Documents.
108 7.4 Severability.
109 Any provision or part of the Contract Documents held to be unconstittttional, void or
110 unenforceable by a court of competient jurisdiction shall be deemed stricicen, and all
I11 reinaining provisions shall contimle to be valid and binding upon DEV�LOPER and
112 CONTRACTOR.
113 7.5 Governing Law and Vemle.
114 This Agreement, inchiding all of tlle Contract Doculnents is performable in the State of
115 Texas. Vemte shall be Tairant County, Texas, or the United States District Coui•t for the
I 16 Northern District of Texas, Fort Worth Division.
CITY OF FORT WORTH F%ORT YVORTHSOUTHI3UILDING 5, 6. & 6VERNGR LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPE2 AWARDED PROJGC'fS ClTYPROJECT NO. 103629
Revised lune 1G, 2016
00 52 �43 - 4
Developer Awarded Project Agrcement
Page d of 4
117
118 7.6 Authority to Sign.
119
120
121
122
123
124
125
12G
Contractor shall attach evidence of authority to sign Agreement, if other than duly
authorized signatocy of the Contractor.
IN WITNESS WHFRFOF, Developer and Contcactor have executed this Agreement in multiple
counterparts.
This Agreement is effective as of the last date signed by the Pai�ties ("Effective Date"),
Contractor:
Commerce Construction Co., L.P,
Developer:
Fort Worth �verm�n/Risinge►• Development, LLC,
a Texas li►nited liability company
By: Majestic—�verman Investor, LLC
a Delaware limited liability compa�►y,
its Managirig Member
By: Majestic Realty Co.,
a California cotporation,
Ma�iage►'s Agent
B:
(Signatuc
John R, Burroughs
(Printed Name)
Title: President
Company Namc;Commerce Construction
Addcess: 13191 Crossroads Parkway
North, 6°i Ploor
City/State/Zip: City of Industry, CA
91746
/0/7 /aoa,
T�ate
127
By: /�� ���
� r�
(Signature)
Edward P. Roslci, Jr.
(Printed Name)
Title: President and Chairman of the Board
Company name:
Address, 13191 Ci•ossi•oads Parlcway
Noi•th, 6`�' Floor
City/State/Zip: City of Industry, CA 91746
/a�i�%�af
Date
CITY OF FORT WORTH FORT FVORTHSOUTH BUILDIA�G 5, 6. & F��ERNER L07'
STANDAI2D CONSTRUC"I'lON SPECIF[CATION DOCUMENTS — DEVELOPER AWARDGD PROJECTS CIT3' PROJLCT NO. 103629
Revised June 16, 2016
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Empower Results�
October 8, 2021
John Perkins
Commerce Construction Co., L.P.
l 3191 Crossroads Parkway North, 6'�' Floor
City of Industry, CA 91746
Re: Commerce Construction Co., L.P.
Bond No. 024250643
Liberty Mutual Insurance Company, as Surety
$150,457.04 Contract and Maintenance Bond — Water, Sanitary Sewer,
Fort Worth South, Buildings 5, 6& Werner Lot
To: Fort Worth Everman/Risinger Devepment, LLC and City of Fort Worth
Dear John:
Enclosed please find the above captioned bond, executed in triplicate at Stephen Pointer's request.
The bond must be signed by an authorized representative of your company, signature witnessed and
notarized, then filed with the Obligee.
It is your responsibility to carefully review the bond prior to execution to verify it has been
presented on the correct form with the appropriate name, bond amount and date, and to ensure the
bond conforms with your needs and instructions to us and provide the appropriate terms to all
parties. Any discrepancies, deficiencies or modifications must immediately be brought to our
attention, in writing. Failing such advice to us, you understand we will have no liability for any
deficiencies or discrepancies in or required modifcations to the bond.
By affixing you�� signature, executing and providing the bond to the Obligee you are verifying and,
we will justifiably assume, the bond has been issued correctly with the best interests and
requirements of all parties being properly considered.
If you should have any questions, please do not hesitate to contact me.
Sincerely,
_�
- /' . - %:'
Tracy Aston
Account Manager
(213) 630-3349
tracy.aston@aon.com
Aon
707 Wilshire Boulevard, Suite 2600
Los Angeles, California 90017
tel: (213) 630-3200
License No 0363334
006213-1
P�Ri'ORMANCE BOND
Page 1 of 2
1
2
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THE STATE OF TEXAS
COUNTY Ol�' TARRANT
SECTION 00 62 13 Bond No. 024250643
PERFORMANCE BOND Executed in triplicate
§
§ I{NOW ALL BY THES� Y12ESENTS:
�
8 That we, Commerce Construction Co., L.P., lcnown as "Principal" herein and
9 Liberty Mutual Insurance Company � a corporate surety(sut•eties, if mot•e than one) duly
10 authorized to do business in the State of Te�as, la�own as "Surety" herein (whetller one or more),
l l are held and firmly bound unto tlie Developer, Fort Worth Everman/Risinger Development, LLC,
12 authorized to do business in Te�as ("Developer") and tl�e City of Fort Woi•th, a Texas municipal
13 coiporation ("City"), in the penal sum of, One Hundred Fift�Thousand Four Htmdced Fifty-
14 Seven AND 04/100 DOLLARS �$150,457.04� lawfill money of the United States, to be paid in
IS
16
17
18
l9
20
21
22
23
Fort Wortl�, Tarrant Connty, Texas for the payment of which sum well and truly to be made
jointly unto tlie Developer and the City as dual obligees, we bind ourselves, our heirs, eaecutors,
administcators, successoi•s and assigns, jointly and sevei•ally, �rmly by these presents.
WHEItEAS, Developer and City have entered into an Agreement for the consh•uction of
co�nmuniry facilities in the Ciry of Fort Worth by and tlu�ough a Comiminity Facilities
Agreement, CFA Nnmber CFA21-0109; and
WHEI�AS, the Principal has entered into a certain written contract with the Developer awarded
the day of , 20 , which Contract is hereby referred to and made a
part hereof for all pui•poses as if fillly set forth hei•ein, to fiirnish all materials, equipment laboi•
24 and other accessories defined by law, in the prosecntion of the Worlc, including any Change
25 Orders, as pi•ovided for in said Contract designated as WATER AND SANITARY SEYVER
26 IA�PROVEMENTS TO SERVE FORT WORTHSOUTH— BUILDING 5, 6, & WERNFR LOT.
27
28
29
NOW, THEREF'ORE, the condition of tllis obligation is suclt that if the said Principal
shall faithfiilly perform it obligations under the Contract and shall in all respects duly and
faithfitlly perform the Woi-lc, including Change Orde�•s, under the Contract, accoi•ding to the plans,
30 specificaCions, and contract documents therein referred to, and as well during any period of
31 extension of the Contract that may be granted on the part of the Developer and/or City, then this
32 obligation sl�all be and becoine mlll and void, otherwise to remain in filll foi•ce and effect.
CITY OF FORT �VORTH FO/tT 4VORTHSOU7H 13UILDING S, 6, & N�LItNGR LOT
STANDARD CITY CONDITIONS — DGVELOPER AWARDED PROJGCTS C/T}'PROJGC7'NO. 103h29
Revised January 3l, 2012
006213-2
P�RPORMANCL'BOND
Page 2 of 2
PROVID�D FURTHER, that if any legal action be filed on this Bond, venue sl�al] lie in
2 Tarrant County, Teaas oi• the United St�tes District Court foc the Northecn District of Texas, Fort
3 Worth Division.
4 This bond is made and eaecuted in compliance with the provisions of Chapter 2253 of the
5 Texas Government Code, as amended, and all liabilities on this bond shall be deternlined in
6
7
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accordance witll the provisions of said statue.
IN WITN�SS WHEREOF, the Principal and the Sucety have SIGNED and SEALED
this instrument by duly authorized agents and off7cers on this the 8th day of October
, 20 21 .
ATT�ST:
(Princip
'��
Witness as to Priucipal
r� �
�����'��� ., ��� .���—�
Witness as Yo Surety } ouv 9 Jtanes
�
PRINCIPAL:
Commerce Construction Co.,L,P.
i1
BY: "1� ` t.i,v.�.
��' Signature
John R. Burroughs, President
Name and Title
A<ta���ss: 13191 Crossroads Parkway North
6th Floor
�j�j�-9f Tn�._�Qi�l�t�i rA �1�4F,
SURGTY:
Liberty Mutual Insurance Company
--a � r
BS,. 4 j �r��l.l ;' ";j�)�;
��- A
Signature�
Tracy Aston, Attorney-in-Fact
Nanre and Title
Address: �90 The City Drive 5outh, Suite 200
Orange, CA 92868
Telephone Number: 714-634-5730
*Note: If signed by an officer of the Surety Company, there must be on file a certified e�tract
fi•om the by-laws sllowing that this pei•sori has authoi•ity to sign such obligation, if
Surety's physical addcess is different fi•om its mailing address, both must be pi•ovided.
The date of the bond shall not be pi•ioc to the date the Contract is awarded.
CI'CY OP FORT WORTII F'ORT IVORTNSOUTH BUILDING S, 6, R!t'ERNER LO7'
STANDARD C1TY CONDITIONS — DEVELOPER AWARllED PROJGCTS C17'Y P20JCCTNO. l03629
Revised Januaiy 31, 2012
c. ; �. � ' � � � �- ; � � •, , � , • ,.
A Notary Public or other officer completing this certi�'icate verifies only the identity of the
individual who signed tl�e document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of Los An el�_
On �� T �p $� n�� before me, Edward C. Spector, Notary Public, personally appeared
Tracy Aston who proved to me on the basis of satisfactory evidence to be the person(s)
wl�ose name(�) is/� subscribed to the witlun instiument and acknowledged to me that
�/she/� executed the same in �/her/� authorized capacity(�s), and that by �/her/�
signatule(�) on the instrument the person(�), or the entity upon behalf of which the person(�)
acted, executed the instrument.
I certify under PENALTY OF I'ERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
�f� �� �'�--
Signature �P� �-•�- R`
Signature of Notary Public
��
Eat O! r
EDWARO C.SPECTOR
1%�:�.. - FE
\s Notar Pu61ic • California
a .t��tie��; Y z
,v:;:;<,. . � Los Angeles County >
i ��
- ��„` '° Commission 1# 2261249
t:'�'R„''
�� My Comm. Expires Oct 5, ?.022
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies onlythe identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of �IS 1"���rLC.�� J
On 11 �U�'�/V �, �1.d �i� before me, IG't�"�'C- �, ifl/GI,v�Gty�, � ����1/b�I�LC., ,
Date . Here Insert Name and Title of the Officer
personally appeared
Name(s) of
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/�e subscribed
to the within instrument and acknowledged to me that he/she/tb�ey executed the same in his/f�r/tl�ir
authorized capacity(i�s), and that by his/k�er/tb�ir signature(s) on the instrument the person(�}, or the entity
upon behalf of which the person(a) acted, executed the instrument.
�,, f RENEE M. ARANDA
Notary Public - California
`'�:•� LosAngelesCounty
� �� ,;^^ Commission q 2277370
My Camm. Expires Feb 14. 2023
Place Notary Seal and/or Stamp A6ove
OPTIONAL
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Si nature ���/ / v�• ��'���'^'�
g
Signature of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Titie(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
�02019 National Notary Association
�-, Liberty
Mutualo
SURETY
Liberty Mutual Insurance Company
��Ns�R �jv INSV ��NsuR The Ohio Casualty Insurance Company
,�JP�oaPORarq�n yJP�oRP�RqTR'9.G UP �ORP�RqTQy� West American Insurance Company
J:' �o tn Q.�' t�0 C� � 2 F`O tn
�� 1912 y o 0 1919 � � 1991 0 „//�/
s �, o a /
~d�,9ssa�nos� da y� `�HAMPs��,�a� 'ls �'YOIANP .aD //l�/�1 � �
9j� * *� dyl * �� �,y� * *� By:
n„��� nn e��o" Deciet�nf Serre4�ni
POWER OF ATTORNEY
Certificate No: 8206381-024029
KNOWN ALL PERSONS BY THESE PRESENTS; That The Ohio Casualty Insurance Company is a corporation tluly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation tluly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organizetl
under the laws of the State of Intliana (herein collectively calletl the "Companies"), pursuant to antl by authority herein set forth, tloes hereby name, constitute and appoint, Ashraf
Elmasry; B. Aleman; Donna Garcia; Edward C. Spector; Emily Newell; Erin Brown; Ethan Spector; KD Wapato; Lisa K. Crail; Marina Tapia; Meghan Hanes; Nathan
Vamold; Paul Rodriguez; Rosa E. Rivas; Samantha Fazzini; Simone Gerhard; Thomas Branigan; Tracy Aston
all of the city of Los Angeles state of CA 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 antl all untlertakings, bontls, 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 subscribetl by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this lst day of October , 2021 .
vi
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�`p State of PENNSYLVANIA
� Counry of MONTGOMERY
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On this lst day of October , 2021 before me personally appearetl David M. Carey, who acknowledged himself to be the Assistant Secretary of Libe�ty Mutual
Company, The Ohio Casuaity Company, and West American Insurance Company, antl that he, as such, being authorizetl so to do, execute the foregoing instrument for the
therein contained by signing on behalf of the corporaUons by himself as a duly aulhorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and a�xed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
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
p.s�„', , Commonwealih of Pennsylvania - Nolary Seal
' Teresa Pastella, Notary Puhlic
' i�� _
- 3� � � b• Montgomery Counly
'; ��' d � My commission expires March 28, 2025
i � Commission number 1126044
, Member, Pennsylvania Associalion of Notanes
i �
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�E,l� o �
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�eresa Pastella, Notary Public Q o
This Power of Attorney is made and executed pursuant to and by authority of lhe following By-laws antl Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force antl effect reatling as follows:
ARTICLE IV—OFFICERS: Section 12. Power ofAttorney.
Any officer or other o�icial of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowletlge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limita6ons set forth in their respecfive powers of attorney, shall
have full power to bintl the Corporation by their 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 Presitlent antl attested to by the Secretary. Any power or authoriry grantetl to any representative or attomey-in-fact untler the
provisions of this article may be revoked at any 6me by the Board, the Chairman, the President or by the officer or o�cers granGng such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Untlertakings.
Any o�icer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such IimitaGons as the chairman or the presitlent may prescribe,
shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowletlge and deliver as surety any antl all undertakings,
bonds, recognizances and other surety obligations, Such attorneys-in-fact subject to the limita6ons set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature antl execution of any such instruments and to attach thereto the seal of the Company. When so executetl such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Davitl 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, acknowletlge and tleliver 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 reprotluced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issuetl by the Company in connection 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, a�d West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hantl antl affixed tne seals of said Companies this tlay of � C T��, 20 21 .
P�, 1NS�Rq P�ZY INSUR � \NSURq
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�ul9sS4CHUs��.da y� �MAMPS�� a� `! �NDIANP a By�
ej� *�� �yl **�a s�,M **�d Renee C. Llewellyn, Assistant Secretary
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LMS-12873 LMIC OCIC WAIC Multi Co 02121
00G214-1
PAYMENT BOND
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THE STATE OF TEXAS
COUNTY OI' TARRANT
SECTION 00 62 14 Bond No. 024250643
PAYMENT BOND Executed in triplicate
§
§ KNOW ALL RY THrSE PRESENTS:
�
8 That we, Commerce Constniction Co., L.P., Icnown as "Principal" herein, and
c� Liberty Mutual Insurance Company , a coi��orate surety ( or sureties if more than one), duly
10 authorized to do business in the State of Teaas, lrnown as "Sm'ety" lierein (whether one or more),
11 are held and firmly bound unto the Developer, Fort Worth Everman/Risinger Develo�ment, LLC,
12 authorized to do business in Te�:as "(Developer"), and the Ciry of Fort Worth, a Te�as municipal
13 corporation ("City"), in the penal sum of One Hundred Fifty Thousand Four Hundred Piftv-
14
IS
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Seven AND 04/100 DOLLARS �$150,457.04), lawfill money of the United States, to be paid in
Fort Worth, Tarrant Counry, '1 exas, for the payment of which sum well and truly be made jointly
unto the Developei• and the City as dual obligees, we bind otuselves, our heiis, eaecutors,
administrators, successors and assigns, jointly and severally, firmly by these presents:
WHEREAS, Developer and Ciry have entered into an Agreej�lent for tl�e constcuction of
communiry facilities in the City of Fort Worth, by and tlu•ottgh a Community Facilities
Agreement, CFA Number CFA21-0109; and
21 WHER�AS, Principal has entered into a certain written Contract with Developer,
22 awai•ded the day of , 2021, which Contract is hei•eby
23 refecred to and made a part hereof for all purposes as if fiilly set forth herein, to furnish all
24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the
25 Worlc as pi'ovided for in said Contract and designated as WATER AND SANITAR3` SEWER
26 IMPROVEML'NTS TO SERVE FORT YVORTN SOUTII — BUILDING S, 6, & WERNER LOT.
27 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
28 Principal shall pay all inonies owing to any (and all) payment bond bene�ciary (as defined in
29 Chapter 2253 of the Te�:as Government Code, as amended) in the prosecution of tlie Worlc under
30 tlle Contract, then this obligation shall be and become null and void; otherwise to remain in fiill
31 force and effect.
CITY OF FORT WORTH FOXT N'OR7HSOUTHBUILDING 5, 6, & N�ERNER LOT
STANDARD CITY CONDI'I'IONS — DEVELOPfiR AWARDED PROJECTS CITS'PROJlC7'NO. 103629
2evised January 3l, 2012
00G214-2
PAYMENTBOND
Pagc 2 of 2
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This bond is made and executed in compliance with the provisions of Chapter 2253 of the
Texas Government Code, as ainended, 1nd all liabilities on this bond shall be determined in
accordance with the provisions of said statute.
4 IN WITNESS WHER�OF, the Principal and Surety have each SIGNED and SEALED
5 [his instrument by duly authocized agents atid officers on this the 8th day of
� October , 2021.
PRINCIPAL:
Commerce Construction Co.,L.P.
ATTEST:
BY:
Signature
John R. Burroughs, President
(Principal) Secretacy Name and Title
Address: 13191 Crossroads Parkway North
oor
City o In ustry, A 74
Witness as to Principal
ATTEST:
(Surety) �,1l�14K�C Lisa Crail
n:�_ � � _ �.� .�
Witness s to S rety Doug Stones
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SURETY:
Liberty Mutual Insurance Company
� jl EJ,'� --
BY: ' e � , � �1��
Signatuce
Tracy Aston, Attorney-in-Fact
Name and Title
Address: �90 The City Drive South, Suite 200
Orange, CA 92868
Telephone Number: �14-634-5730
Note: If signed by an officer of the Surety, there must be on file a certified extract from the
bylaws showing that this person has authority to sign SUCil obligation. If Surety's physical
address is different fcom its mailing addcess, both must bc provided.
Tlie date of the bond shall not be pi•ior to the date the Contcact is awarded.
�ND OF S�CTION
CITY OF PORT WORTH !'02"l 6f�OR7H S'OUTH BUlLDIn�G 5, 6, &!f'GRNLR LOT
S'I'ANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJCCTNO. J03629
Revised Jaituary 3l, 2012
�. ;�; � � � r i � � � � . ",; ; �;
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of Los An el� es
On �C� � a� 202� before me, Edward C. Spector, Notary Public, personally appeared
Trac�Aston who proved to me on the basis of satisfactoiy evidence to be the person(�)
whose name(�) is/� subscribed to the witlun instrument and acknowledged to me that
�/she/� executed the same in �/her/� authorized capacity(�s), and that by �/her/i�
signature(�) on the instrument the person(�), or the entity upon behalf of which the person(�)
acted, executed the instrument.
I certify under PENI�LTY OF I'ERNRY under the laws of
the State of California that the foregoing paragraph is true
and coirect.
WITNESS my hand and official seal.
� '�*J �/ )��, �
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Signature �
Signature of Notary Public
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��°.,\ EDWARD G SPECTOR
a : ����-r�-r Notary Publir. - California
_ -�'� � ' �� Los Angeles County A
�y,� Commission It Z261249
i"`°� My Comm. Expires Oct 5, ?.022 l
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Liberty
Mutualo
SURETY
IN WITNESS WHEREOF, I have hereunto subscribetl my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the tlay antl year first above written.
POWER OF ATTORNEY
Certificate No: 8206381-024029
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation tluly organized under the laws of the State of New Hampshire, ihat
Liberty Mutual Insurance Company is a corporatlon duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organizetl
under the laws of the State of Indiana (herein collectively calletl the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Ashraf
Elmasry; B. Aleman; Donna Garcia; Edward C. Spector, Emily Newell; Erin Brown; Ethan Spector; KD Wapato; Lisa K. Crail; Marina Tapia; Meghan Hanes; Nathan
Vamold; Paul Rodriguez; Rosa E. Rivas; Samantha Fazzini; Simone Gerhard; Thomas Branigan; Tracy Aston
all of the city of Los Angeles state of CA each individually if there be more than one nametl, 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 deetl, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents antl shall be as bintling upon the Companies as if they have been tluly signed by the presitlent antl 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 o�cial of the Companies and the corporate seals of the Companies have been affixed
theretothis Ist dayof October , 202] .
Liberty Mutual Insurance Company
��Ns�R �ZV INSV ��NsuR The Ohio Casualty Insurance Company
J .�'4oaPORAfFOyF TJ�`oAPOR�TO�2n �P2�RPOR9Tp2� WestAmericanlnsuranceCompany
� 1912 � 0 1919 � � 1991 � �/�
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dJ19S`S4CHU`���.aD y� ��HAMP`�a ,aD3 �Cs �NDIAN�' ,dD3 �!~, � �
�,� * �,� �y� * �,� �M * *� By:
Davitl M. Carey, Assistant Secretary
State of PENNSYLVANIA
Caunty of MONTGOMERY ss
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�� On this 1 st day of October , 2021 before me personally appeared Davitl M. Carey, who acknowledged himse�f to be the Assistant Secretary of Liberty Mutual Insurance � a�
° m Company, The Ohio Casuaity Company, and West American Insurance Company, and that he, as such, being authorizetl so to tlo, execute the foregoing instrument for the purposes �"Q
�� therein contained by signing on behalf of the corporations by himse�f as a duly authorized officer. ��
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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.
Liberry Mutual Insurance Company
The Ohio Casualty insurance Company
West American Insurance Company
, :�sr.
��,�� ;i�riiv� a, � Commonwealih of Pennsylvania - Notary Seal
,� , �� "�(,�,, � �5 Teresa Pastella, Notary Public
� �� '� �� � Monlgamery County
� My commission expires March 28, 2025
� f� ., r� ! Commission number 1126044
'���`��` ' Member,PennsylvaniaAssoCialionofNotaries
gy: �6� %G���
�L.�
�eresa Pastelia, Notary Public
This Power of Attorney is made and executetl pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as foilows:
ARTICLE IV - OFFICERS: Sectian 12. Power of Attarney.
Any officer or other o�icial of the Corporation authorized for that purpose in writlng by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of ihe Corporation to make, execute, seai, acknowledge antl deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall
have full power to bind the CorporaUon by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executetl, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the
provisions of this article may be revoketl at any Gme by the Board, the Chairman, the Presitlent or by the o�cer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any o�cer of the Company authorizetl for that purpose in writing by the chairman or the president, and subject to such limita6ons as the chairman or the 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 all untlertakings,
bontls, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, sha�l have full power to bintl the
Company by their signature and execution of any such instruments and to attach thereto the seai of the Company. When so executed such instruments shall be as binding as if
signed by the president antl attestetl by the secretary.
Certificate of Designation - The Presitlent of the Company, acting pursuant to the Bylaws of the Company, authorizes Davitl 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 deliver as surety any and ali 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 ce�ified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and bintling upon the Company with
the same force and effect as though manually a�xed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company tlo
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force antl effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand antl affixetl the seals of saitl Companies this day of 0 C T��,2 Q 21 ,
� 1NSU/? �SY �NSV � \NS(/�,
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y �, o e. o
d,,��s"�„°S��aa y�,��hqry�p5 �'aa '�s��ND�pNP�,da By� Renee C. Llewellyn, Assistant Secretary
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LMS-12873 LMIC OCIC WAIC Multi Co 02121
00 G2 l9 - 1
MAINTENANCE QOND
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TI-IE STAT� OF T�XAS
COUNTY OF TARRANT
SLCTION 00 62 19 Bond No. 024250643
MAIN'TENANCE BOND Executed in triplicate
§
§ ICNOW ALL BY THESE PRESENTS:
§
That we, Commerce Constcuction Co., L.P., Icnown as "Principal" herein and
Liberty Mutual Insurance Company , a corporate sui•ety (sureties, if more than
one) duly authorized to do business in the Slate of Texas, lcnown as "Surety" herein (whether one
or moi•e), are l�e]d and firmly botuld unto tlle Developei�, Fort Worth �verman/Risin�er
Development, LLC, attthorized to do business in `fe�as ("Developer") and the City of Fort Wortlt,
a Texas municipal corporation ("City"), in tlle sum of One Hundred Fifty Thousand Four
Hundred Fifty-Seven AND 04/100 DOLLARS ($150,457.04), lawfiil money of the United States,
to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be
�nade jointly unto tiie Developer and the CiCy as dual obligees and their successoi•s, we bind
ourselves, our heirs, executors, adulinistrators, successors and assigns, jointly and severally,
fii7nly Uy these presents.
WHERCAS, Developei• and Ciry have entered into an Agreement for the consti•uction of
community facilities in tlle City of Fort Worth by and tlu•ough a Community Facilities
Agreement, CFA Number CFA21-0109; and
23 WHEREAS, the Principal has entered into a certain written contcact with the Developer awarded
24 the day of , 2021, which Contcact is hereby
25 referred to and a made part hereof for all purposes as if fillly set fortli herein, to furnish all
26 materials, equipment labor and other accessories as defined by law, in the prosecution of tlle
27 Worlc, including any Work resulting fi�om a duly authorized Change Order (collectively herein,
28 the "Worlc") as pi•ovided foi- in said Contract and desi��ated as WATER AND SANITARYSEWER
29 IMPROVEMENTS TO SERI�� FORT WORTHSOUTH— BUILDING S, 6, & YTjERNER LOT.
30
31 WHEREAS, Principal binds itself to use such materials and to so construct the Worlc in
32 accordance with the plans, specifications and Contract Documents that the Worlc is and will
33 remain fi•ee from defects in materials or workmanship for and during the period of two (2) years
34 afCer tlie date of Final Acceptance of the Worlc by the City ("Maintenance Period"); and
CITY OF FORT WORTII 1%ORT 6VOIt'I'HSOUTHdUILDING S, 6, & N�E2NLR LOT
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PR07GCTS C/Tl'PROJGCTNO. /03629
Revised Januaq� 31, 2012
006219-2
MAIN'I'6NANCE BOND
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WH�REAS, Principal binds itself to repair or reconstruct tlie Worlc in whole or in part
upon receiving notice from the Developer and/oc City of the need thereof at any time witllin the
Maintenance Period.
NO�V THEREI'OItE, the condition of this obligation is sucl� tliat if Pi•incipal shall
re�nedy any defective Worl<, 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; othei�vise to
remain in full force and effect.
PROVIDED, HOWEVER, if Principal shall fail so to i•epair oi• i•econstnlct any tiinely
noticed defective Worlc, it is agreed that the Developer or City may cause any and all such
defective Worlc to be repaired and/or reconstrncted with all associated costs thereof being borne
by the Principal and tl�e Surery under this Maintenance Bond; and
PROVIDED FURTHER, that if any legal action be �led on this Bond, venue shall lie in
Tarrant County, Texas or the United States District Court for the Northei•n District of Te�as, Fort
Worth Division; and
PROVID�D FURTHER, that this obligation shall Ue continuous in nat�ire and
successive recoveries may be had hereon for successive breaches.
CITY OF FORT WORTH FORT GVORTHSOUTHBUILDING 5, 6, & GVERNER LOT
STANDARD CI'I'Y CONDIT[ONS — D�VGLOPER AWARD�D PROJGCTS CITS'PROJIiCTNO. 103629
Revised January 31, 2012
00G219-3
MAINTENANCG BOND
Page 3 of 3
IN WITNESS WHER�OF, the Pi•incipal and the Surety have each SIGNED and SEALED this
2 insti•ument by duly attthorized agents and officers o�i tliis the $th day of October
3 , 2021.
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ATTEST:
(Principal) Secretary
Witness as to Pcincipal
ATTEST:
(Sur�ty) � _��f�( Lisa Crail
� �
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1��_._ . � . - i�_� , �,
Witnes�s�as to Surety Doug Stones
PRiNC1PAL:
Commerce Construction Co. LP
BY:
Signature
John R. Burroughs, President
Name and Title
Add�•ess; �3191 Crossroads Pkwy North
�fh F oor
City of Industry, CA 91746
SURETY:
Liberty Mutual Insurance Company
I
BY: �,,;'// / ;� � /;;,
�r
lgnatui•e�
Tracy Aston, Attorney-in-Fact
Nauie aiid Title
Address: 790 The City Drive South, Suite 200
Orange, CA 92868
Telephone Number: �14-634-5730
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract
from the by-laws showing that this pecson has authoi•ity to sign such obligation. If
Surery'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 Contcact is awarded.
CITY OF FOR'C WORTH FORT IVOR71/SOUTH BUIGDINC S, G, S IYEltNCR LOT
S"fANllARD CITY COND[TIONS — DEVELOPER AWARDED PROJGCTS CIT3' PROJCCT NO. 103629
Revised January 3l, 2012
� •. � �. � 'r � � .• ,� •; ,, , .
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certiiicate is attached, and not the truthfulness,
accuracy, or validity of that document.
�tate of California
County of Los An elg es
On ��� ��' �0�� before me, Edward C. Spector, Notar ��Public, personally appeared
Tracv Aston who proved to me on the basis of satisfactoiy evidence to be the person(�)
whose name(�) is/� subscribed to the witlun instrument and acicnowledged to me that
�/she/� executed the same in �/her/#� authorized capacity(�), and that by'�' /her/�
signature(�) on the instrument the person(�), or the entity upon behalf of which the person(�)
acted, executed the insh�ument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
l�
Signature ` � �r � : ���,
Signature of Notary Public
�� o� � — aEDW�RD C. SPECrOR
SE�-:��r4f
�� \��, Notary Puhlic - Califorma z
< : ���#;;a,�
�.,_=;;: _ = Los Angeles County �
i ;:
� ` � Commission It 2261).49
�'��r�a ,,
My Comm. Expires Oct 5, 2022
, Liberty
Mutualm
SURETY
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
Certificate No: 8206381-024029
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 Mutual Insurance Company is a corporafion duly organizetl under the laws of the State of Massachusetts, and West American Insurance Company is a corporafion duly organizetl
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute antl appoint, Ashraf
Elmasry; B. Aleman; Donna Garcia; Edward C. Spector; Emily Newell; Erin Brown; Ethan Spector; KD Wapato; Lisa K. Crail; Marina Tapia; Meghan Hanes; Nathan
Varnold; Paul Rodriguez; Rosa E. Rivas; Samantha Fazzini; Simone Gerhard; Thomas Branigan; Tracy Aston
all of the city of Los Angeles state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make,
execute, seal, acknowletlge antl tleliver, for and on its behalf as surety and as its act antl 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 signetl by the president and attestetl 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 lst day of October , 2021 .
ui
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c`o State of PENNSYLVANIA
� County of MONTGOMERY ss
Liberty Mutual Insurance Company
�, �Nsu,p �,ZV INSV ��Nsuq The Ohio Casualty Insurance Company
,�JPGoaPo�rq2� yJPGoaPokyrR9y `(�P GpRPoR,qTqi'� West American Insurance Company
� 3 Fo c� �Q 3 `�o m W 3 Fo c�
T� 1912 y o 0 1919 � � 1991 a ��
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~d'�9SSqcHos� dD3 y� �HAMP`�a,,di>� `!s �NDIANP ,aa /��/�t� � �
��� * ►�� �yl * T�� d,H * �,t� BY:
David M. Carey, Assistant Secretary
E
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�� On this lst day of October , 2021 before me personally appeared David M. Carey, who acknowledged himself to be lhe Assistant Secretary of Liberty Mutual Insurance � a
°� Company, The Ohio Casualty Company, and West American Insurance Company, antl that he, as such, being authorized so to do, execute the foregoing instrument for the purposes ��
�@ therein contained by signing on behalf of the corporations by himself as a duly authorized officer, ��@
c� IN WITNESS WHEREOF, I have hereunto subscribetl my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the tlay and year first above written. O�
� n. O
o � � � � �'-''
L -,:.: �zF��,u�a�vF �•. Commonweallh of Pennsylvania - Nofary Seal �,_
� ,.�f o F{ Teresa Pastella, Nolary Public � N'—
+ Montgomery Counly y/; ��� � C
C� �� E� �� / ��� � My commission expires March 28, 2025 By• //��Q��C�C�(�LJ O N
� comm�5s�o���mee�>>zsoaa �eresa Pastella, Notary Public Q n
" � �-' � Member, Pennsylvania Associalion of Notaries
�
�
� This Power of Attorney is made and executetl pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
•� Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reatling as follows:
c �
ARTICLE IV — OFFICERS: Section 12, Power of Attorney.
°� Any ofticer or other official of the Corporation authorizetl for that purpose in writing by the Chairman or the President, and subject to such limitafion as the Chairman or the
a � President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowiedge and deliver as surety
�� any and all untlertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the IimitaGons set forth in their respective powers of attorney, shall
o� have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
Z � instruments shall be as binding as if signetl by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the
provisions of this article may be revoketl at any Gme by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety 8onds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limita6ons as the chairman or the 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 antl deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind ihe
Company by their signature and execution of any such instruments antl to attach thereto the seal of the Company. When so executetl such instruments shall be as binding as if
signed by the president antl attestetl by the secretary.
Certificate of Designation — The Presitlent 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, acknowletlge antl deliver 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 reprotluced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection 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 untlersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executetl by said Companies, is in full force and effect and
has not been revoked. 0 rT 0 S�'���
IN TESTIMONY WHEREOF, I have hereunto set my hantl and affixed the seals of said Companies this day of �� .
� INSUR ��Y INS� � \NS(/R
J 3°�aaoRyro'9�r�c� � 2`opvoRy `coqy� \vP2 oaro�r� y�
� o � i�� `�-�
� 1912 � 0 1919 � � 1991 � �,�Gy�.�
r�sacHus�.ds y°2 �� o Q � BY.
�'��S �� � NqMpg �,d8� �s��NOIpN�'�,da Renee C. Llewellyn, Assistant Secretary
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LMS-12873 LMIC OCIC WAIC Multi Co 02121
006213-1
PL�RFORMANCC BOND
Vagc I of 2
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THE STAT� OF TEXAS
COUNTY OF TARRANT
SECTION 00 G2 13 Bond No. 024250643
P�RFORMANCE BOND Executed in triplicate
§
§ ICNOW ALL BY THESE PRESENTS:
§
That we, Commerce Construction Co., L.P., lcnown as "Principal" hei•ein and
Liberty Mutual Insurance Company � a coiporate sttrety(sureties, if inot•e than one) duly
authoi•ized to do business in the State of Te�as, known as "Surery" herein (whether one oi• moi•e),
are l�eld and firmly bound unto the Developer, Fort Wortll Everman/Risin�;er Development, LLC,
authorized to do business in Te�:as ("Developer") and the City of Fort Wortl�, a Texas municipal
corpoi•ation ("City"), in tlie penal sum of, One Hundred Fifty Thousand Fouc Hundced Fifty-
Seven AND 04/100 DOLLARS ($150,457.04), lawfiil money of the United States, to be paid in
Fort Worth, Tairant County, Texas foi• tlie payment of which sum well and ttuly to be made
jointly unto tlie Developei• and the City as dual obligees, we bind ourselves, our l�eirs, e�ecutors,
administcators, successors and assigns, jointly and severally, �rmly by these presents.
WH�REAS, Developer and City have entered into an Agreement for the construction of
community facilities in the City of Fort Worth by and tlu•ough a Cornmunity Facilities
Ag►•eement, CFA Nuinber CFA21-0109; and
WHEREAS, the Principal has entered into a certain written contract with the Developer awarded
the day of , 20 , which Contract is hereby referred to and made a
pai•t llereof for all purposes as if fiilly set forth herein, to fitrnish all materials, equipment labor
24 and other accessories de�ned by law, in tl�e prosecution of the Worlc, including any Change
25 Ordei•s, as provided foi• in said Contract designated as WATER AND SANITARY SEWER
26 IMPROVEA�ENTS TO SERVE FORT YVORTH SOUTH— I3UILDING S, 6, c� WERNFR LOT.
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NOW, THER�FOI2E, tlle condition of tliis obligation is such tliat if the said Pcincipal
shall faithfiilly pei•form it obtigations under tlie Contract and shall in all respects dttly and
faithfillly perform tlie Woric, including Change Orders, under the Contract, according to the plans,
specifications, and contract doctunents 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 i•emain in fiill foi•ce and effect.
CITY OF FORT 4VORTH FORT WOR7HS'OUTH 13U/LDING S, h, & N�CRNGR /,OT
STANDARD CITY CONDITIONS—DEVGLOPER AWARDED PROIGCTS ClTYP20JLCTNO. 103629
Rcvised January 3l, 2012
00G213-2
PHRFORMANCFI30ND
Page 2 of 2
PROVIDED FURTHER, that if any legal action be filed on tl�is Bond, venue shall lie in
2 Tarcant County, Texas or the United States District Court for the Noctliei•n Distcict of Texas, Fort
3 Wort(i Divisioil.
4 This bond is made and eaecuted in compliance with the provisions of Cl�apter 2253 of the
5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
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accordance witl� the provisions of said statue.
IN WITN�SS WHEREOF, the Principal and the Surety have SIGNED and SEAL�D
this inshvment by duly autl�ocized agents and officers on this the 8th day of October
,2021,
ATTCST: /�:CL�L—
(Princi
�� �
Witness as to Principal
�� � � ,��� . �
Witnes—�u•ety Doug Stones
PRINCIPAL:
Commerce Construction Co.,L,P.
� � � .
BY: � (�L,. <
Signature
.
John R. Burroughs, President
Name and "Citle
Ad�,.�ss: 13191 Crossroads Parkway North
6th Floor
rlt���p�l����� r7�o a17a�
SUI2�TY:
Liberty Mutual Insurance Company
BY: , ` ;� l /�l' I Uil�
Sigiiature
Tracy Aston, Attorney-in-Fact
Name and Tiflc
Address: �90 The City Drive South, Suite 200
Orange, CA 92868
Telephone Number: �14-634-5730
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract
fro�n the by-laws showing that this person has authority to sign s��ch obligation. If
Surery's physical address is different fi�om its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Cont►'act is awarded.
CITY OF FORT W02TH F0R7' 11'ORT/1 SOUTfI l3UILDlNG S, 6, & fi�GRNBR L07'
S"CANDARD CITI' CONDI"f10NS — DGVELOPER AWARDED PROJGC'PS CIT}' PROJCCT NO. l03GZ9
Revised Januaiy 31,2012
� '.�� '�� �, L. i�� �` .1' .�. ' �, , ���� i �I +
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
Counry of Los An el�
On o�r �� 202� before me, Edward C. Spector, Notary Public, personally appeared
Tracv Aston who proved to me an the basis of satisfactory evidence to be the person(�)
whose name(s) is/� subscribed to the within instrument and acknowledged to me that
�/she/� executed the same in �/her/� authorized capacity(�), and that by �S/her/�
signature(�) on the instniment the person(�), or the entity upon behalf of which the person(�)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California thaf the foregoing paragraph is true
and coi7ect.
WITNESS my hand and official sea1.
�� -
�_
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Signature �_ �_.
Signature of Notary Public
,.[�aa�.ea���[�t, �,�
sE>, o.,, EDWARQ C. SPECTOR
_ _;��"'� Notary Public - California �
a Y� �'''�' `'"' Los An eles Cour�t >
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��`� Commissiun It 2261249
`'��� a"�} My Comm, �xpires Oct 5, 2022
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
' ''xE+� �m ' ' �: a`: ;'�: ,.:i:s;.;C:�:t:: • y•�•y �.:a :$°:=3 3 •"": 'e 3sr:':'o^::': iHC•,3.>;s7s:;•Y�%:iv:u�: �s: : . fi$ �.sga �.yy�:, •,'as°z:�� �E:bE:"::: •:t, -•s: X. ��..� ra'...Y:; y4�.,,.: ,. .. y:. �`�:a3:: :,::,as •.� :�^.>..
:,s:
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of �S 1"1 v��GiCiIX-J )
On � Ylv� V � � ��I before me, �'�/���- I" I• V'I I/� �/L� .�'� h �l y�!/�-
Date „ Here Insert Name and Title of the Officer
personally appeared
�. � � �
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(5) whose name(gj is/a� subscribed
to the within instrument and acknowledged to me that he/s�'e/tbey executed the same in his/{a�r/tJ�ir
authorized capacity(i�s), and that by his/I�r/th� signature(sr} on the instrument the person(r�; or the entity
upon behalf of which the person(aj acted, executed the instrument.
., o.\^ RENEE M. ARANDA
Notary Public - California �
i �- Los Angeles County n
� r Commission � 2277370
My Comm. Expires Feb 14, 2023
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
�
Signature of Notary Public
.r, , �..�..��
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
,.S..S..' .p.C! hSstSV:� rN. •nSt :,5�. 'S..S:aS'•t �:4.
-�.s'� .'�.. 't:' •t. ,!'. -.f•::. �a
. =:4i:,�.•..� �.' ' ' • • "ct�:iie:+'s?{:. :•?x . . €x� ::i; : saye, E43a. : a., a`•� ...EE ::r:� . .a�:� x 8c :. ;as .K•.
�02019 National Notary Association
Liberty
Mutualo
SURETY
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
Ce�tificate No: 8206381-024029
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporaGon duly organizetl under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized untler the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Ashraf
Elmasry; B. Aleman; Donna Garcia; Edward C. Spector; Emily Newell; Erin Brown; Ethan Spector; KD Wapato; Lisa K. Crail; Marina Tapia; Meghan Hanes; Nathan
Varnold; Paul Rodriguez; Rosa E. Rivas; Samantha Fazzini; Simone Gerhard; Thomas Branigan; Tracy Aston
all of the city of Los Angeles state of CA each individually if there be more than one named, its true antl 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 signetl by the presitlent and attestetl 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 o�cial of the Companies and the corporate seals of the Companies have been a�xed
thereto this 1 st day of October , 2021 .
State of PENNSYLVANIA
County of MONTGOMERY
Liberty Mutual Insurance Company
��Nsuq �tv iNs� ��NsuR The Ohio Casualty Insurance Company
,�JP�oRPORvr�2n g`�P�oRPORar�y �GP�oaPORa �2�, WestAmerican Insurance Company
J 3 Fo cc� Q? �o C� � 3 Fo tn
� 1912 0 0 1919 � � 1991 0 „ �//�
Y 9 ,�"3 iZ �" ° a
d'� SS4CHU5� .da ° `�MaMPs�'�da� '!s �NDIANP ,dD ��?�1 / l�y..
ej� * 1�� �'y.t * ti� �,h ,r t-� By: ,/f
David M. Carey, Assistant Secretary
a`�i o
C V
��
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— �
�� On this 1 st day of October , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance � a�
� �v Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to tlo, execute the foregoing instrument for the purposes ��
�� therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �@
i f°
_� IN WITNESS WHEREOF, I have hereunto subscribetl my name and affixed my notarial seai at King of Prussia, Pennsyluania, on the tlay and year first above written.
's •�
�� ( t,.-, �, Commonweallh of Pennsylvania - Notary Seal
��.., �
� �, ��' Teresa Paslella, Nolary Public ���%� _
� Montgomery County E�— [rApO" '
)� E �� r �i My cnmmission expires Maroh 28, 2025 c�c�y�
� ro . Commission number 1126044 BY�
�� �'� -, /C�� ����� M e m b e r P e n n s I v a n i a A s s o c i a � i o n o f N o l a r i e s eres��, Notary Public
) � � Y
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� a? This Power of Aflorney is made antl executed pursuant to and by authority of the following By-laws antl Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
?•� Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
� ARTICLEIV—OFFICERS: Sectian 12. PowerofAttorney.
�@ Any officer or other official of the Corporation authorized for that purpose in wriGng by the Chairman or the President, and subject to such limitation as the Chairman or the
? � President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporafion to make, execute, seal, acknowledge and deliver as surety
5� any antl all untlertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall
�� have full power to bind the Corporation by their 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 the Secretary. Any power or authority granted to any representative or attorney-in-fact untler the
provisions of this arGcle may be revoked at any time by the Board, the Chairman, the President or by the officer or o�icers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds antl Undertakings.
Any officer of the Company authodzed for that purpose in writing by the chairman or the presitlent, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys-in-fact, as may be necessary to act in behalf of ihe Company to make, execute, seal, acknowledge and deliver as surety any antl all undertakings,
bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bintl 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
signetl by the president antl attestetl by the secretary.
Certificate of 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 deliver 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 reproducetl signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bontls, shall be valid and bintling upon the Company with
the same force and effect as though manually affixetl.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company tlo
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has notbeen revoked. nC� � � �Oq�
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of , �.
�, \NSUR �jY INgV,p � 1NS�R
jQ'o°aaoRy>'9yC� yJp'o°avoR,yr �q2 `c,PGoaroRqTqyC+
3 �'oc� �Q3 Fo m �3 Foc�
� 1912 � 0 1919 � � 1991 � "�,Gy�..�
d,�g�sa�„�S��da y�� HqMPS�'`�aa� �s �NDIqNP da� BY� Renee C. Llewellyn, Assistant Secretary
) * r N1 * �,d d,y� * *�
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LMS-12873 LMIC OCIC WAIC MWIi Co 02/21
00 62 14 - 1
PAYMENT BOND
Page 1 of 2
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TH� STATE OF TEXAS
COUNTY OF TARRANT
SECTION 00 G2 14 Bond No. 024250643
PAYMENT BOND Executed in triplicate
§
§ KNOW ALL BY THESE PRESENTS:
§
That we, Commerce Constiuction Co., L.P., lcnown as "Principal" herein, and
Liberty Mutual Insurance Company , a coiporate surety ( or sureties if more than one), duly
] 0 authorized to do business in the State of Te�as, Icnown as "Surety" herein (whether one oc more),
ll
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are lield and firmly bound unto the Developei•, Fort Worth Everman/Risinger Development, LLC,
authoi•ized to do business in Te�:as "(Developer"), and the City of Forl Wortli, a Teaas municipal
cor��oration ("Ciry"), in the penal sum of Oue Hundred Fifty Thousand Fonr Hundred Fiflv-
Seven AND 04/100 DOLLARS ($150,457.04), lawful money of the United States, to be paid in
Fort Worth, Tarrant Counry, Texas, for the payment of wllich sum well and truly be inade jointly
unto the Developer and the City as dual obligees, we bind ourselves, our heirs, eaecutors,
administrators, successors and assigns, jointly and sevei•ally, finnly by these presents:
WHEREAS, Developer and City have entered into an Agi•eement for the construction of
community facilities in tlie City of Fort Worth, by and through a Community Facilities
Agreement, CFA Nuinber CFA21-0109; and
WHEREAS, Principal has entered into a certain written Contract with Developer,
awarded the day of , 2021, which Contract is hereby
referred to and made a part hereof for all purposes as if fi�lly set forth herein, to fin-nish all
rnatei•ials, equipment, labor and other accessoi•ies as de�ned by law, in the prosecution of the
Worlc as pi•ovided for in said Contract and designated as WATER AND SANITARI' SEYVER
INIPROVEMENTS TO SER i�E FORT tii�ORTH SOUTII —13UILDING 5, 6, c4� WERNER L07:
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
28 Principal shall pay all monies owing to any (and all) payment bond bene�ciaty (as defined in
29 Chapter 2253 of the Texas Government Code, as amended) in tl�e prosecution of tlie Worlc under
30 the Contract, then tl�is obligation shall be and become null and void; otherwise to remain in fiill
31 force and effect.
CITY OF I'ORT �VORTH f%ORT {7�OR'!'H SOUTH BUILDING 5, 6, &(YERNGR LOT
S"CANDARD CITY CONDI"CIONS — DEVELOPGR AWARDED PROICCTS CITl' PliOJEG'T NO. /03629
Revised Januaiy 31, 2012
00G214-2
PAYMCNTBOND
Pagc 2 of 2
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This bond is made and executed in compliance with the provisions of Chapter 2253 of tihe
Te:cas Uovernment Code, as amended, and all liabilities on tl�is bond shall be detei•mi�led in
accocdance with the provisions of said statute.
4 IN WITN�SS WHER�OF, the Pt•incipal and Su►•ety have each SIGNED and SEALED
5 this instrument by duly authorized agents and officers on tliis tlie 8th day of
� October , 2021.
PRINCIPAL:
Commerce Construction Co.,L,P.
ATTEST:
BY:
Signature
John R. Burroughs, President
(Principal) Secretaiy Name and Title
Address: 13191 Crossroads Parl<way North
oor
City o In ustry, A 4
Witness as to Principal
ATTEST:
,
(Sul'ety� �1�@�142C�C Lisa Crail
nj �
-.-1'��' -� I -"`�� = `"` r '.
Witnesa as to Surety Doug Stones
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SURETY:
Liberty Mutual Insurance Company
;
r
BY: ,� � j{;�,i�j � � ll�
Sig ature
Tracy Aston, Attorney-in-Fact
Name and Title
Addcess: �90 The City Drive South, Suite 200
Orange, CA 92868
Telephone Number: 714-634-5730
Note: If signed by an officer of the Sw•ety, there must be on file a cerCified extract from the
bylaws s(iowing that this person has authocity 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 S�CTION
CI"CY OP POR'I' WORTH FORT IVORZ'H SOUTFI BUILDLVG 5, 6, & fYGRNCR LOT
S"I'ANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS CI7YPROJGCTNO. 103619
Revised January 3l, 2012
l.. r;•: � � ♦ �; i � � •� . i 1,, • ,', '
�
A Notary Public or other offcer completing this certificate veriiies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of Los An eles
On ��� �� ZU�� before me, Edward C. Spector, Notary Public, personally appeared
Tracv Aston who proved to me on the basis of satisfactory evidence to be the person(�)
whose name(�) is/� subscribed to the witlun instrument and acknowledged to me that
�/she/� executed the same in �/her/� authorized capacity(�), and that by �/her/�
signature(�) on the instrument the person(�), or the entity upon behalf of which the person(�}
acted, executed the inst�ument.
I certify under PENALTY OF PERTURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and off'icial seal.
0 �--�_
Signature °'���'�`- � �� � � �
5ignature of Notary Public
s�.���,,y p �EDWh,Rq C, SPEC70R �
��,����, Notary F�ublir. - California �
` `�f { Los Angeles County >
L =�?;N�° Commissian If 2261249
i'�-'--°�' My Comm, Expires Oet 5, 2022
Liberty
Mutualo
SURETY
IN WITNESS WHEREOF, I have hereunto subscribetl my name antl affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
POWER OF ATTORNEY
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
Certificate No: 8206381-024029
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organizetl under the laws of the State of Massachusetts, and West American Insurance Company is a corporaGon tluly organizetl
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Ashraf
Elmasry; B. Aleman; Donna Garcia; Edward C. Spector; Emily Newell; Erin Brown; Ethan Spector; KD Wapato; Lisa K Crail; Marina Tapia; Meghan Hanes; Nathan
Vamold; Paul Rodriguez; Rosa E. Rivas; Samantha Fazzini; Simone Gerhard; Thomas Branigan; Tracy Aston
all of the city of Los Angetes state of CA each individually if there be more than one named, its true and fawful 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 attestetl 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 lhis 1 st day of October , 2021
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c`a State of PENNSYLVANIA
� County of MONTGOMERY ss
Liberty Mutual Insurance Company
��Ns�R ��Y INSG � 1NSU,qq The Ohio Casualty Insurance Company
a`�PooaP°RqrqZ"n �,JP`oaP°Rqr�9y \GP pORPORqT ti�, West American Insurance Company
J 3 Fo c� vQ 3 �o m � 3 Fo c�
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Y 9S, ,�" 3 i 2� \�`' o Q o �/ �,
�� Sq�H�s� aa ��MAMPsa,da� '�S �NDIANP' ,da /��%� r l`vr�
�i> * �� dyl * �� 9,�1 * �� BY � %�_
David M. Carey, Assistant Secretary
o� I On this 1 st tlay of October , 2021 before me personally appeared David M. Carey, who acknowledgetl himself to be the Assistant Secretary of Liberty Mutual Insurance
� �o Company, The Ohio Casualty Company, and West American Insurance Company, antl that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
.,r � therein contained by signing on behalf of the corporations by himself as a duly authorizetl officer.
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�� iNuvp^� Commonwealth of Pennsylvania - Notary Seal
�� j� �� �< Teresa Paslella, Notary Public � �����( �`-2v
� s oF ti�1Ap Manigomery County
'a d V My commiseion expires Maroh 28, 2025 B
` � � Commission number 1126044 Y�
'--�� �i�,'i'�I�,`' Mem6er,PennsylvamaAssoaaUonofNotaries eresaPastella,NotaryPublic
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 �
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: a
ARTICLE IV — OFFICERS: Section 12. Power of Attorney. o
Any officer or other official of the Corporation authorized for that purpose in writing by ihe Chairman or the Presitlent, and subject to such limitation as the Chairman or the �
President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowletlge and deliver as surety �
any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limita6ons set forth in their respective powers of attorney, shall -a
have full power to bind the Corporation by their signature and execution of any such insVuments antl to attach thereto the seal of the Corporation. When so executed, such o
inshuments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the �
provisions of this article may be revoked at any 6me by the Board, the Chairman, the 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 writing by the chairman or the president, and subject to such limita6ons as the chairman or the presitlent 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 all undertakings,
bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bintl the
Company by their signature antl execution of any such instruments and to attach thereto the seal of the Company. When so executetl such instruments shall be as binding as if
signetl by the president and attested by the secretary.
Certificate of Designation — The Presitlent 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 deliver as surety any and all untlertakings, 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 certifietl copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually a�xed.
I, Renee C. Llewellyn, the untlersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company tlo
hereby certify that the original power of attorney of which the foregoing is a full, true antl correct copy of the Power of Attorney executed by said Companies, is in full force antl effect and
has not been revoked. OC� ���0��
IN TESTIMONY WHEREOF, I have hereunto set my hand antl affixed the seals of saitl Companies this day of , .
� INSUR ��Y INSU,p � \NS(/R
�Jp'�oaaoRyr'9y� yJPGoaPoreyr �q2 `GPG�{IPO�Tq�/C�
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1912 � o y 1919 � 0 6 1997 0 "�_...
��9sSACHUS��.da yO ��yqMPs�' ,aD rs �ND�pNP ,�a3 BY� Renee C. Llewell n, Assistant Secreta
e,� * �,� �y� * �� �M * *� Y ry
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LMS-12873 LMIC OCIC WAIC Mulli Co 02/21
00 G2 l9 - I
MAINTF.NANCG BOND
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THE STATE OF TEXAS
COUNTY OF TARI2ANT
SECTION 00 62 19 Bond No. 024250643
MAINTENANCE BOND Executed in triplicate
�
§ KNOW ALL BY THCSE PRESENTS:
§
Th�t we, Commerce Construction Co., L.P., known as "Principal" llerein and
Liberty Mutual Insurance Company , a corporate surety (sureties, if more than
one) cluly authorized to do business in the State of Texas, lcnown as "Surety" herein (whether one
or more), are helci and firmly bound unto tlie Developei-, Fort Woi•th Evennan/Risin�er
Development, LLC, authorized to do business in Texas ("Developer") and the City of Fort Worth,
a Texas municipal COl'�Ol'1t1011 ("City"), in tlie su�n of One Hundred Fifry Thottsand Four
Hundred Fifty-Seven 1�ND 04/100 DOLLARS ($150,457.04), lawfill money of the United States,
to be paid in Fort Worth, Tarrant County, Texas, for payment of tivhicl� suin well and truly be
made jointly unto the Developer and the City as dual obligees and their successors, we Uind
ourselves, our heirs, executors, adulinistrators, successors and assigns, jointly and severally,
firmly by these presents.
20 WHEREAS, Developer and City have entered into an Agreement for the consti•uction of
21 community facilities in the City of Fort Worth by and through a Communiry Facilities
22 Agreenlent, CFA Ntunber CFA21-0109; and
23 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded
24 the day of , 2021, which Conti•act is hereby
25 referred to and a made pact hereof for all purposes as if fully set forth herein, to futnish all
2b materials, equipment labor and otlier accessories as defined by law, in the prosecution of tlie
27 Worlc, including any Worlc resulting fi-om a duly authorized Cl�auge Order (collectively herein,
28 the "Worlc") as provided for in said Conti-act and designated as WATER AND SANITAR 1` SEWER
29 IMPROI�EMEN7S TO SERVE FORT YijORTH SOUTH— BUILDING 5, 6, & WERNER LOT,
30
31 WHEItEAS, Principal binds itself to use such materials and to so construct the Worlc in
32 accordance with tlie plans, specifications and Contract Documents that the Worlc is and will
33 remain fi�ee from defects in materials or worlcmanship for and during the period of two (2) years
34 after the date of Final Acceptance of the Worlc by the City ("Maintenance Period"); and
CITY OF PORT WORTE] /%OR7'YVOR'I'HSOUTH7IU/LDING 5, 6, & WERNLR LOT
STANDARD C[TY CONDITIONS — DEVELOPER AWARDED PR07ECTS CITYPROJECT NO. l03629
Revised Januaiy 3l, 2012
00(219-2
MAIN'I'GNANCI: BOND
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WH�I2EAS, Pi•incipa( binds itself to re�air or i•econstruct the Worlc in wliole or in part
upon receiving notice fi�om the Developer and/or Ciry of the need thereof at any time tivithin the
Maintenance Period.
NOW THEREFOI2E, tl�c condition of tl�is obligation is such tllat if Pi•incipal sl�all
re�i�edy any defective Worlc, for which timely notice was pi•ovided by Developer or City, to a
completion satisfactory to the Ciry, tl�en this obligation shall becoine null and void; otherwise to
remain in full force and effect.
PROVIDED, HOW�VER, if Principal shall fail so to repair or reconstruct any timely
noticed defective Worlc, it is agreed tliat tlie Developer oi• City �nay cause any and all such
def'ective Worlc to be repaired and/or reconstructed with all associated costs thereof being borne
by the Principal and the Surety tu�der tl�is Maintenance Bond; and
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue sliall lie in
Tarrant County, Texas or the United States District Court for the Northern District of Te�as, Fort
Worth Division; and
PROVIDED rURTHER, tliat tliis obligation shall be continuous in nahlre and
sttccessive recoveries inay be had hereon for successive breaches.
C1TY OF FORT WORTH FORT 4VORTlI SOUTF/ BUILDING 5, 6, & 4i'ERNER LOT
STANDARD CITl' CONDITIONS — DEVGLOPEIt AWARD�D PROJECTS CITYP20JEC'1N0. 103G29
2evised January 3l, 7_012
00 G2 19 - 3
MA[NTENANCG I30ND
Page 3 of 3
1 IN WITNESS WHEREOF, the Pi�incipal and the Sucety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the $th day of October
3 , 2021.
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ATTEST:
(Principal) Secretary
Witness as to Pcincipal
ATTEST: ,
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(Sarety) ���( Lisa Crail
1\1 v -``tt�s�•r,r
; �.
Witness as to Surety Doug Stones
PRINCIPAL:
Commerce Construction Co. LP
BY:
Signature
John R. Burroughs, President
Name and Title
Address: 13191 Crossroads Plcwy North
oor
City of Industry, CA 91746
SURETY:
Liberty Mutual Insurance Company
�� �
Bv: , :� � � �t��d�'� _
Signa�ture
Tracy Aston, Attorney-in-Fact
Name aud Title ^
Address: 790 The City Drive South, Suite 200
Orange, CA 92868
Telephone Numbei: �14-634-5730
*Note: If signed by an officer of the Surety Company, tllere must be on iile a certified extcact
fcom the by-laws showing that this person has authority to sign such obligation. If
Sucety's physical address is diffecent fi•om its mailing address, both must be provided.
The date ofthe bond shall not be prior to the date ttle Contract is awa�•ded.
CITY OP FORT WORTH !'ORT IVORTH SOUTFI [3UlGDING S, G, d 11'GItNL'R LOT'
S'1'ANDARD CITY CONDI"1'IONS — DEVELOPER AWARDED PROJECTS ClTI' PROJL'CT NO. )03G29
Revised January 31, 2012
� , ,: � � � � , � �` � '. ' � ,, ,
A Notary Public or other offcer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of Los Angeles
On �C� �� 2�2� before me, Edward C. Spector, Notary Public, personally appeared
Tracy Aston who proved to me on the basis of satisfactory evidence to be the person(�)
whose name(�) is/� subscribed to the within instn�ment and acknowledged to me that
�/she/� executed the same in �/her/� authorized capacity(�), and that by �/her/�
signature(�) on the instrument the person(�), or the entity upon behalf of which the person(s)
acted, executed tlle insh-ument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and conect.
WITNESS my hand and official seal.
Si iature !'. '� `� � �,��._ `�� �d ,�
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Signature of Notary Public
,..��.: _���--
��
EDWARD C. SPECTOR
S�a�.::,. �h
Y�� Notary Puhlic - f,alifornia z
a �N�=� �'
Z y�,� ;,�: Los Angeles County >
� z;�-���-�° Commission A 22612A9
`��""�^ My Comm, Expires Oct 5, 2022 y
, Liberty
Mutualo
SURETY
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.
POWER OF ATTORNEY
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
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized untler ihe laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organizetl under the laws of the State of Massachusetts, and West American Insurance Company is a corporation tluly organized
under the laws of the State of Indiana (herein collectively calletl the "Companies"), pursuant to antl by authority herein set forth, does hereby name, constitute and appoint, AshraF
Elmasry; B. Aleman; Donna Gazcia; Edward C. Spector; Emily Newell; Erin Brown; Ethan Spector; KD Wapato; Lisa K. Crail; Marina 7'apia; Meghan Hanes; Nathan
Varnold; Paul Rodriguez; Rosa E. Rivas; Samantha Fazzini; Simone Gerhard; Thomas Branigan; Tracy Aston
all of the city of Los An�eles state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make,
execute, seal, acknowledge and deliver, for antl 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 bintling upon the Companies as if they have been duly signed by the president and attestetl by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized o�cer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this lst day of October , 2021 .
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c`o State of PENNSYLVANIA
m County of MONTGOMERY ss
Liberty Mutual Insurance Company
P�, 1NS�R� P��� INSV �\NSU,qq The Ohio Casualty Insurance Company
,�� �oaPORv,. �� y� �oa°°Rqr'�vy \VP GORP�R9T �� West American Insurance Company
� 3 `o t� �Q 3 Fo m W 3 Fo c�
r;1912y o 0 1919 � � 1991 0 �//
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Yd�9sSACHUS� ,dDS' y0 �yAMPsa\,aa `!s �NDIANP ,aD /�//�i ! �
e,� * *� �yl * ��, �M * ��, By:
n�„�� nn r��o„ Aecict�nt Serrot�ni
�� On this 1 st day of October , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual insurance
� m 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 corporations by himself as a tluly authorizetl officer.
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� i�,,:.� ��-, Commonwealth of Pennsylvania - Notary Seal
��� . y` `'c� M1 Teresa Pastella, Notary Pu61ic
� r ; ���� Monlgomery Counly
� �F � i My commission expires March 28, 2025 B
`� � Commission number 1126044 Y�
i
Member, Pennsylvania Associa�ion of Notaries
',�,,, .,
Ce�ificate No: 8206381-024029
/ //
eresa Pastella, Notary Public
This Power of Attorney is matle and executed pursuant to antl by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolu6ons are now in full force and effect reatling as follows;
� ARTICLE IV—OFFICERS: SecGon 12. PowerofAttorney.
�� Any officer or other o�cial of the Corporation authorized for that purpose in wriGng by the Chairman or the President, and subject to such limitation as the Chairman or the
� � President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowletlge and deliver as surety
�� any and all undertakings, bonds, recognizances and other surety obligalions. Such attorneys-in-fact, subject to the limitatlons set forth in their respective powers of attorney, shail
o� have full power to bintl the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
Z � insUuments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the
provisions of this article may be revoked at any fime by the Board, the Chairman, the President or by the officer or o�cers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bontls and Undertakings.
Any officer of the Company authorized for that purpose in wrifing by the chairman or the president, and subject to such limitations as the chairman or the 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 tleliver 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 full power to bintl 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 of 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 deliver as surety any and all undertakings, bonds, recognizances and other surety
obiigations.
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 connection with surety bonds, shall be valid and binding upon the Company with
the same force antl effect as though manually affixetl.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, LibeRy Mutual Insurance Company, and West American Insurance Company tlo
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force antl effect antl
has not been revoked. 0 r T�� 2 0� I
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of saitl Companies this day of �' , .
�, INS(/R ��V INS�j � \NSU�,
�.JQ'ooaaon,yr'9yC� yJPooaroRqr'Pq2 vP�oaaortyTq�y�
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d,�9sSq�Hvs��da y� `�tiAMvs� da� rs �ND�pNP .�a3 By� Renee C. Llewell n, Assistant Secreta
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LMS-12873 LMIC OCIC WAIC Mulli Co 02/21
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: March 9, 2020
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTIO N CONTRACT
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: March 9, 2020
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1 – Definition s and Terminology .......................................................................................................... 1
1.01 Define d Terms............................................................................................................................... 1
1.02 Terminology .................................................................................................................................. 6
Article 2 – Preliminar y Matters ......................................................................................................................... 7
2.01 Copie s of Documents .................................................................................................................... 7
2.02 Commencement of Contrac t Time; Notic e to Proceed ................................................................ 7
2.03 Starting the Work .......................................................................................................................... 8
2.04 Before Starting Construction ........................................................................................................ 8
2.05 Preconstruction Conferenc e .......................................................................................................... 8
2.06 Public Meeting .............................................................................................................................. 8
2.07 Initia l Acceptance of Schedules.................................................................................................... 8
Article 3 – Contrac t Documents : Intent, Amending, Reus e ............................................................................ 8
3.01 Intent.............................................................................................................................................. 8
3.02 Reference Standards...................................................................................................................... 9
3.03 Reporting and Resolvin g Discrepancies....................................................................................... 9
3.04 Amending and Supple mentin g Contrac t Documents ................................................................. 10
3.05 Reus e of Documents ................................................................................................................... 10
3.06 Electronic Data ............................................................................................................................ 11
Article 4 – Availabilit y of Lands ; Subsurfac e and Physica l Conditions ; Hazardous Environmental
Conditions ; Referenc e Points........................................................................................................... 11
4.01 Availabilit y of Lands .................................................................................................................. 11
4.02 Subsurfac e and Physica l Conditions .......................................................................................... 12
4.03 Differing Subsurfac e or Physica l Conditions ............................................................................. 12
4.04 Underground Facilitie s ............................................................................................................... 13
4.05 Reference Points ......................................................................................................................... 14
4.06 Hazardous Environmenta l Condition at Sit e .............................................................................. 14
Article 5 – Bonds and Insuranc e ..................................................................................................................... 16
5.01 Licensed Suretie s and Insurer s ................................................................................................... 16
5.02 Performance, Payment, and Maintenanc e Bonds....................................................................... 16
5.03 Certificates of Insuranc e ............................................................................................................. 16
5.04 Contractor’s Insuranc e ................................................................................................................ 18
5.05 Acceptance of Bonds and Insurance ; Optio n to Replace ........................................................... 19
Article 6 – Contractor’s Responsibilitie s ........................................................................................................ 19
6.01 Supervision and Superintendenc e ............................................................................................... 19
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: March 9, 2020
6.02 Labor ; Working Hours ................................................................................................................ 20
6.03 Services, Materials, and Equipment ........................................................................................... 20
6.04 Projec t Schedule.......................................................................................................................... 21
6.05 Substitute s and “Or -Equals ” ....................................................................................................... 21
6.06 Concerning Subcontractors , Suppliers , and Others.................................................................... 24
6.07 Wage Rate s.................................................................................................................................. 25
6.08 Patent Fee s and Royaltie s ........................................................................................................... 26
6.09 Permit s and Utilitie s .................................................................................................................... 27
6.10 Laws and Regulations ................................................................................................................. 27
6.11 Taxe s ........................................................................................................................................... 28
6.12 Use of Sit e and Othe r Area s ....................................................................................................... 28
6.13 Record Documents ...................................................................................................................... 29
6.14 Safety and Protection .................................................................................................................. 29
6.15 Safety Representative.................................................................................................................. 30
6.16 Hazard Communicatio n Progra ms ............................................................................................. 30
6.17 Emergencies and/or Rectification............................................................................................... 30
6.18 Submittals .................................................................................................................................... 31
6.19 Continuing the Wor k................................................................................................................... 32
6.20 Contractor’s General Warranty and Guarante e .......................................................................... 32
6.21 Indemnificatio n ......................................................................................................................... 33
6.22 Delegation of Professiona l Design Services .............................................................................. 34
6.23 Righ t to Audit.............................................................................................................................. 34
6.24 Nondiscriminatio n....................................................................................................................... 35
Article 7 – Othe r Wor k at the Sit e ................................................................................................................... 35
7.01 Related Work a t Sit e ................................................................................................................... 35
7.02 Coordination................................................................................................................................ 36
Article 8 – City’s Responsibilitie s................................................................................................................... 36
8.01 Communications to Contractor ................................................................................................... 36
8.02 Furnis h Data ................................................................................................................................ 36
8.03 Pay Whe n Due ............................................................................................................................ 36
8.04 Lands and Ease ments ; Reports and Tests................................................................................... 36
8.05 Change Orders............................................................................................................................. 36
8.06 Inspections , Tests , and Approvals .............................................................................................. 36
8.07 Limitation s on Cit y’s Responsibilitie s ....................................................................................... 37
8.08 Undisclose d Hazardous Environmenta l Condition .................................................................... 37
8.09 Complianc e wit h Safety Progra m ............................................................................................... 37
Article 9 – City’s Observation Status Durin g Construction ........................................................................... 37
9.01 City’s Projec t Manager ……...................................................................................................... 37
9.02 Visit s to Sit e ................................................................................................................................ 37
9.03 Authorize d Variation s in Wor k .................................................................................................. 38
9.04 Rejecting Defective Work .......................................................................................................... 38
9.05 Determination s for Work Performed .......................................................................................... 38
9.06 Decision s on Require ments of Contrac t Documents and Acceptability of Work ..................... 38
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Article 10 – Change s in the Work; Claims; Extra Wor k ................................................................................ 38
10.01 Authorize d Change s in the Wor k ............................................................................................... 38
10.02 Unauthorize d Change s in the Wor k ........................................................................................... 39
10.03 Execution of Change Order s....................................................................................................... 39
10.04 Extra Work .................................................................................................................................. 39
10.05 Notificatio n to Surety .................................................................................................................. 39
10.06 Contrac t Claims Process ............................................................................................................. 40
Article 11 – Cos t of the Work; Allowances; Unit Pric e Work; Plan s Quantity Measurement...................... 41
11.01 Cos t of the Work ......................................................................................................................... 41
11.02 Allowance s .................................................................................................................................. 43
11.03 Unit Pric e Wor k .......................................................................................................................... 44
11.04 Plan s Quantity Measurement ...................................................................................................... 45
Article 12 – Change of Contrac t P rice ; Change of Contrac t Time ................................................................. 46
12.01 Change of Contrac t Pric e ............................................................................................................ 46
12.02 Change of Contrac t Time............................................................................................................ 47
12.03 Delays .......................................................................................................................................... 47
Article 13 – Tests and Inspections ; Correction, Remova l or Acceptance of Defective Wor k ...................... 48
13.01 Notic e of Defects ........................................................................................................................ 48
13.02 Access to Wor k ........................................................................................................................... 48
13.03 Tests and Inspections .................................................................................................................. 48
13.04 Uncovering Wor k........................................................................................................................ 49
13.05 Cit y Ma y Stop the Wor k ............................................................................................................. 49
13.06 Correction or Remova l of Defective Work ................................................................................ 50
13.07 Correction Perio d ........................................................................................................................ 50
13.08 Acceptance of Defective Work................................................................................................... 51
13.09 Cit y Ma y Correct Defective Wor k ............................................................................................. 51
Article 14 – Payments to Contractor and Completio n .................................................................................... 52
14.01 Schedule of Values...................................................................................................................... 52
14.02 Progres s Payments ...................................................................................................................... 52
14.03 Contractor’s Warranty of Title ................................................................................................... 54
14.04 Partia l Utilizatio n ........................................................................................................................ 55
14.05 Fina l Inspection ........................................................................................................................... 55
14.06 Fina l Acceptance ......................................................................................................................... 55
14.07 Fina l Payment.............................................................................................................................. 56
14.08 Fina l Completio n Delayed and Partia l Retainage Release ........................................................ 56
14.09 Waive r of Claims ........................................................................................................................ 57
Article 15 – Suspension of Wor k and Terminatio n ........................................................................................ 57
15.01 Cit y Ma y Suspend Work............................................................................................................. 57
15.02 Cit y Ma y Terminat e for Caus e ................................................................................................... 58
15.03 Cit y Ma y Terminat e For Convenienc e ....................................................................................... 60
Article 16 – Dispute Resolutio n ...................................................................................................................... 61
16.01 Methods and Procedure s ............................................................................................................. 61
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Article 17 – Miscellaneous .............................................................................................................................. 62
17.01 Givin g Notic e .............................................................................................................................. 62
17.02 Computation of Times ................................................................................................................ 62
17.03 Cumulativ e Remedie s ................................................................................................................. 62
17.04 Surviva l of Obligation s ............................................................................................................... 63
17.05 Headings ...................................................................................................................................... 63
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ARTICLE 1 – DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Whereve r use d in thes e General Conditions or in othe r Contrac t Documents , the terms listed belo w
have the meanings indicate d whic h are applicable to both the singula r and plura l thereof, and
words denoting gende r shall includ e the masculine , feminin e and neuter . Said terms are generally
capitalize d or writte n in italics , but not always. Whe n use d in a context consistent with the
definitio n of a listed -define d term, the term shall have a meaning as define d belo w whether
capitalize d or italicize d or otherwise . In additio n to terms specifically de fined , terms wit h initial
capital letters in the Contrac t Documents includ e references to identifie d article s and paragraphs,
and the title s of othe r documents or forms.
1. Addenda—Written or graphic instru ments issued prior to the opening of Bid s whic h clarify,
correct, or change the Biddin g Require ments or the propose d Contrac t Documents.
2. Agreement—The written instru ment whic h is evidenc e of the agreement between Cit y and
Contractor covering the Work.
3. Applicatio n for Payment—The for m acceptable to Cit y which is to be use d by Contractor
during the cours e of the Wor k in requesting progres s or fina l payments and whic h is to be
accompanie d by suc h supporting documentation as is require d by the Contrac t Documents.
4. Asbestos—Any material tha t contains mor e tha n one percent asbestos and is friable or is
releasing asbestos fiber s int o the air above current action levels establishe d by the United States
Occupationa l Safety and Health Administration.
5. Award – Authorization by the Cit y Council for the Cit y to ente r int o an Agree ment.
6. Bid —The offer or proposa l of a Bidde r submitte d on the prescribe d form setting forth the
price s for the Work to be performed.
7. Bidder —The individua l or entit y who submit s a Bid directly to City.
8. Biddin g Documents—The Biddin g Require ments and the propose d Contrac t Documents
(includin g all Addenda).
9. Biddin g Requirements—The advertise ment or Invitatio n to Bid , Instructions to Bidders , Bid
security of acceptable for m, if any, and the Bid For m wit h any supple ments.
10. Business Day – A busines s da y is define d as a da y tha t the Cit y conducts normal business,
generally Monda y through Friday , except for federal or state holidays observe d by the City.
11. Calendar Day – A da y consistin g of 24 hours measured from midnight to the next midnight.
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12. Change Order—A document, whic h is prepare d and approve d by the City , whic h is signed
by Contractor and Cit y and authorize s an addition, deletion , or revisio n in the Wor k or an
adjustment in the Contrac t Pric e or the Contract Time, issued on or afte r the Effective Date
of the Agree ment.
13. City— The Cit y of For t Worth, Texas, a home -rule municipa l corporation, authorize d and
chartered unde r the Texa s State Statutes, acting by it s governing body through it s City
Manager, his designee , or agents authorize d unde r his behalf , each of whic h is require d by
Charter to perfor m specific dutie s wit h responsibilit y for fina l enforce ment of the contracts
involvin g the Cit y of For t Worth is by Charter veste d in the Cit y Manage r and is the entity
wit h whom Contractor ha s entered int o the Agree ment and for whom the Wor k is to be
performed.
14. City Attorne y – The officially appointe d Cit y Attorne y of the Cit y of For t Worth, Texas, or
his duly authorize d representative.
15. City Council - The duly elected and qualifie d gover nin g body of the Cit y of For t Worth,
Texas.
16. City Manager – The officially appointe d and authorized Cit y Manage r of the Cit y of Fort
Worth, Texas, or his duly authorize d representative.
17. Contract Claim—A de mand or assertion by Cit y or Contractor seeking an adjustment of
Contrac t Pric e or Contrac t Time, or both, or othe r relie f wit h respect to the terms of the
Contract. A de mand for mone y or services by a thir d party is not a Contrac t Claim.
18. Contract—The entir e and integrate d written docume nt between the Cit y and Contractor
concerning the Work. The Contrac t contains the Agree ment and all Contrac t Documents and
supersede s prio r negotiations , representations , or agreements , whethe r writte n or oral.
19. Contract Documents—Thos e ite ms so designate d in the Agree ment. All ite ms liste d in the
Agree ment are Contrac t Documents . Approve d Submittals , othe r Contractor submittals , and
the reports and drawings of subsurfac e and physica l conditions are not Contrac t Documents.
20. Contract Price —The moneys payable by Cit y to Contractor for completio n of the Wor k in
accordance wit h the Contrac t Documents as state d in the Agree ment (subjec t to the provisions
of Paragraph 11.03 in the case of Unit Pric e Work).
21. Contract Time —The numbe r of days or the date s state d in the Agree ment to: (i) achieve
Milestones , if any and (ii) complet e the Wor k so tha t it is ready for Fina l Acceptance.
22. Contractor—The individua l or entit y wit h whom Cit y ha s entered int o the Agree ment.
23. Cost o f th e Work —Se e Paragraph 11.01 of thes e General Conditions for definition.
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24. Damage Claims – A de mand for mone y or services arisin g from the Projec t or Sit e from a
thir d party, Cit y or Contractor exclusiv e of a Contrac t Claim.
25. Day or da y – A day, unles s otherwis e defined, shall mean a Calenda r Day.
26. Directo r o f Aviatio n – The officially appointe d Director of the Aviatio n Department of the
Cit y of For t Worth, Texas, or his duly appointe d representative, assistant, or agents.
27. Directo r of Park s and Community Services – The officially appointe d Director of the Parks
and Community Services Department of the Cit y of For t Worth, Texas, or his duly appointed
representative, assistant, or agents .
28. Directo r of Planning and Development – The officially appointe d Director of the Planning
and Development Department of the Cit y of For t Worth, Texas, or his duly appointed
representative, assistant, or agents.
29. Directo r of Transportation Public Work s – The officially appointe d Director of the
Transportation Public Works Department of the Cit y of For t Worth, Texas, or his duly
appointe d representative, assistant, or agents.
30. Directo r o f Wate r Departmen t – The officially appointe d Director of the Water Department
of the Cit y of Fort Worth, Texas, or his duly appointe d representative, assistant, or agents.
31. Drawings—Tha t par t of the Contrac t Documents prepare d or approve d by Enginee r which
graphically show s the scope , extent, and character of the Wor k to be performed by Contractor .
Submittals are not Drawings as so de fined.
32. Effectiv e Date of th e Agreement—The date indicate d in the Agree ment on whic h it becomes
effective, but if no suc h date is indicated, it means the dat e on whic h the Agree ment is signed
and delivere d by the las t of the two partie s to sig n and deliver.
33. Engineer—The license d professiona l enginee r or engineerin g fir m registered in the State of
Texa s perfor min g professiona l services for the City.
34. Extra Wor k – Additiona l wor k made necessary by change s or alterations of the Contract
Documents or of quantitie s or for othe r reasons for whic h no price s are provide d in the Contrac t
Documents . Extra work shall be par t of the Work.
35. Field Order — A writte n orde r issued by Cit y whic h require s change s in the Wor k but which
doe s not involve a change in the Contrac t Price , Contrac t Time, or the inten t of the Engineer.
Field Orders are paid from Field Order Allowances incorporated into the Contract by funded
work type at the time of award.
36. Fina l Acceptance – The writte n notic e give n by the Cit y to the Contractor tha t the Work
specifie d in the Contrac t Documents ha s bee n complete d to the satisfaction of the City.
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37. Fina l Inspectio n – Inspection carrie d out by the Cit y to verif y tha t the Contractor has
complete d the Work, and each and every part or appurtenanc e thereof, fully , entirely , and in
conformanc e wit h the Contrac t Documents.
38. General Requirements—Sections of Divisio n 1 of the Contrac t Documents.
39. Hazardou s Environmental Condition—The presenc e at the Sit e of Asbestos, PCBs,
Petroleum, Hazardous Waste , Radioactive Material, or othe r materials in suc h quantitie s or
circumstances tha t may present a substantia l dange r to persons or property expose d thereto.
40. Hazardous Waste —Hazardous waste is define d as any solid waste liste d as hazardous or
possesses one or more hazardous characteristics as define d in the federa l waste regulations,
as amende d from time to time.
41. Laws and Regulations—Any and all applicable laws , rules , regulations , ordinances , codes,
and order s of any and all governmenta l bodie s, agencies, authorities , and courts having
jurisdiction.
42. Liens —Charges , security interests, or encumbrances upon Projec t funds , rea l property, or
persona l property.
43. Major Item – An Ite m of wor k include d in the Contract Documents tha t ha s a total cos t equal
to or greater tha n 5% of the origina l Contrac t Pric e or $25,000 whicheve r is less.
44. Milestone—A principa l event specifie d in the Contrac t Documents relatin g to an inter mediate
Contrac t Time prio r to Fina l Acceptance of the Work.
45. Notice o f Award —The writte n notic e by Cit y to the Successful Bidde r stating tha t upon
timely complianc e by the Successful Bidde r wit h the conditions precedent liste d therein, City
will sig n and delive r the Agree ment.
46. Notic e to Proceed—A writte n notic e give n by Cit y to Contractor fixin g the date on whic h the
Contrac t Time will commenc e to run and on whic h Contractor shall start to per form the Wor k
specifie d in Contrac t Documents.
47. PCBs—Polychlorinate d biphenyls.
48. Petroleum—Petroleum, includin g crude oil or any frac tio n thereof whic h is liquid a t standard
conditions of temperatur e and pressure (60 degree s Fahrenheit and 14.7 pounds pe r square
inc h absolute), suc h as oil, petroleum, fue l oil, oil sludge , oil refuse , gasoline , kerosene , and
oil mixe d wit h othe r non-Hazardous Waste and crude oils.
49. Plan s – Se e definitio n of Drawings.
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50. Projec t Schedule—A schedule , prepare d and maintaine d by Contractor , in accordance with
the General Require ments , describin g the sequenc e and duration of the activitie s comprising
the Contractor’s pla n to accomplis h the Wor k within the Contrac t Time.
51. Project—The Wor k to be perfor med unde r the Contrac t Documents.
52. Project Manager—The authorize d representative of the Cit y who will be assigne d to the
Site.
53. Public Meetin g – An announce d meeting conducte d by the Cit y to facilitat e public
participatio n and to assist the public in gainin g an infor med vie w of the Project.
54. Radioactive Material—Source , special nuclear, or byproduc t material as define d by the
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amende d from time to time.
55. Regula r Working Hour s – Hours beginning at 7:0 0 a.m. and ending at 6:0 0 p.m., Monday
thr u Frida y (excluding lega l holidays).
56. Samples—Physica l exa mple s of materials, equipment, or workmanship tha t are
representative of some portion of the Work and whic h establis h the standards by whic h such
portion of the Work will be judged.
57. Schedule o f Submittals—A schedule , prepare d and maintaine d by Contractor, of required
submittals and the time require ments to support schedule d perfor manc e of related construction
activities.
58. Schedule o f Values—A schedule , prepare d and maintaine d by Contractor , allocatin g portions
of the Contrac t Pric e to various portions of the Wor k and use d as the basis for reviewing
Contractor’s Application s for Payment.
59. Site —Lands or areas indicate d in the Contrac t Documents as bein g furnishe d by Cit y upon
whic h the Work is to be perfor med, includin g rights -of-way, permits , and easements for access
thereto, and suc h othe r land s furnishe d by Cit y whic h are designate d for the us e of Contractor.
60. Specifications—Tha t par t of the Contrac t Documents consistin g of writte n require ments for
materials, equipment, systems, standards a nd workmanship a s applie d to the Work, and certain
administrativ e require ments and procedura l matters applicable thereto. Specifications may be
specifically made a part of the Contrac t Documents by attachment or , if not attached, may be
incorporate d by reference as indicate d in the Table of Contents (Divisio n 00 00 00) of each
Project.
61. Subcontractor—An individua l or entit y having a direc t contrac t wit h Contractor or wit h any
othe r Subcontractor for the perfor manc e of a part of the Work at the Site.
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62. Submittals—All drawings , diagra ms, illustrations , schedules , and othe r dat a or in for mation
whic h are specifically prepare d or assemble d by or for Contractor and submitte d by Contractor
to illustrat e some portion of the Work.
63. Successful Bidder—The Bidde r submittin g the lowes t and mos t responsive Bid to whom City
make s an Award.
64. Superintendent – The representative of the Contractor who is available at all time s and able
to receive instructions from the Cit y and to act for the Contractor.
65. Supplementary Conditions—Tha t part of the Contrac t Documents whic h amends or
supple ments thes e General Conditions.
66. Supplier—A manufacturer, fabricator, supplier, dis tributor, materialman, or vendor having a
direc t contrac t wit h Contractor or wit h any Subcontractor to furnis h materials or equipment
to be incorporate d in the Work by Contractor or Subcontractor.
67. Underground Facilities—All underground pipelines , conduits , ducts , cables, wires,
manholes , vaults , tanks , tunnels , or othe r suc h facilitie s or attachments , and any encasements
containing suc h facilities , includin g but not limit ed to, thos e tha t conve y electricity, gases,
steam, liquid petroleum products , telephone or othe r communications , cable television,
water, wastewater, stor m water, othe r liquid s or che micals , or traffic or othe r control systems.
68 Unit Pric e Work —Se e Paragraph 11.03 of thes e General Conditions for definition.
69. Weekend Working Hour s – Hour s beginning a t 9:0 0 a.m. and ending at 5:0 0 p.m., Saturday,
Sunda y or lega l holiday, as approve d in advanc e by the City.
70. Work —The entir e construction or the various separately identifiable parts thereof require d to
be provide d unde r the Contrac t Documents . Work include s and is the result of perfor min g or
providing all labor , services, and documentation necessary to produc e suc h construction
includin g any Change Orde r or Field Order , a nd furnishing, installing , and incorporating all
materials and equipment int o suc h construction, all a s require d by the Contrac t Documents.
71. Workin g Day – A working da y is define d a s a day, not includin g Saturdays , Sundays , or legal
holidays authorize d by the Cit y for contrac t purposes , in whic h weather or othe r conditions
not unde r the control of the Contractor will permit the performanc e of the principa l unit of
work underwa y for a continuous perio d of not les s tha n 7 hour s between 7 a.m. and 6 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through E are not define d but, whe n use d in
the Biddin g Require ments or Contrac t Documents , have the indicate d meaning.
B. Inten t o f Certai n Terms or Adjectives:
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1. The Contrac t Documents includ e the terms “a s allowed,” “a s approved,” “a s ordered,” “as
directed” or terms of lik e effect or import to authorize an exercise of judgment by City . In
addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or
adjectives of lik e effect or impor t are use d to describ e an action or determinatio n of Cit y as to
the Work. It is intende d tha t suc h exercise of professiona l judgment, action, or determination
will be solely to evaluate, in general, the Work for complianc e wit h the in formatio n in the
Contrac t Documents and wit h the desig n conce pt of the Projec t a s a functioning whole as
show n or indicate d in the Contrac t Documents (unles s ther e is a specific statement indicating
otherwise).
C. Defective:
1. The wor d “defective,” whe n modifying the word “Work,” refers to Work tha t is
unsatis factory, faulty , or de ficien t in tha t it:
a. doe s not conform to the Contrac t Documents ; or
b. doe s not meet the require ments of any applica ble inspection, referenc e standard, test, or
approva l referred to in the Contrac t Documents ; or
c. ha s bee n da mage d prio r to City’s written acceptance.
D. Furnish , Install, Perform, Provide:
1. The wor d “Furnish” or the word “Install” or the wor d “Perform” or the wor d “Provide ” or
the wor d “Supply,” or any combinatio n or simila r directiv e or usage thereof , shall mean
furnishing and incorporating in the Wor k includin g all necessary labor, materials, equipment,
and everything necessary to perfor m the Wor k indicated, unles s specifically limite d in the
context used.
E. Unles s state d otherwis e in the Contrac t Docume nts , words or phrase s tha t have a well-known
technical or construction industr y or trade meaning are use d in the Contrac t Documents in
accordance wit h suc h recognize d meaning.
ARTICLE 2 – PRELIMINARY MATTERS
2.01 Copies of Documents
Cit y shall furnis h to Contractor one (1) origina l executed copy and one (1) electronic copy of the
Contrac t Documents , and four (4) additiona l copies of the Drawings . Additiona l copie s will be
furnishe d upon reques t at the cos t of reproduction.
2.02 Commencement of Contract Time ; Notic e to Proceed
The Contrac t Time will commenc e to run on the da y indicate d in the Notic e to Proceed. A Notic e to
Proceed may be give n no earlier than 14 days after the Effective Date of the Agree ment,
unless agreed to by both parties in writing.
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2.03 Startin g th e Work
Contractor shall start to perform the Wor k on the date whe n the Contrac t Time commences to run.
No Wor k shall be done at the Sit e prio r to the date on whic h the Contrac t Time commences to run.
2.04 Before Startin g Construction
Baselin e Schedules: Submit in accordance wit h the Contrac t Documents , and prio r to starting the
Work.
2.05 Preconstruction Conference
Befor e any Wor k at the Sit e is started, the Contractor shall attend a Preconstruction Conferenc e as
specifie d in the Contrac t Documents.
2.06 Public Meeting
Contractor may not mobiliz e any equipment, materials or resource s to the Sit e prio r to Contractor
attending the Public Meeting as schedule d by the City.
2.07 Initia l Acceptance o f Schedules
No progres s payment shall be made to Contractor until acceptable schedule s are submitte d to Cit y in
accordance wit h the Schedule Specification a s provide d in the Contrac t Documents.
ARTICLE 3 – CONTRACT DOCUMENTS : INTENT, AMENDING, REUSE 3.01 Intent
A. The Contrac t Documents are comple mentary; wha t is require d by one is as binding as if required
by all.
B. It is the inten t of the Contrac t Documents to describe a functionally complet e projec t (or part
thereof) to be constructe d in accordance wit h the Contrac t Documents . Any labor, documentation ,
services, materials, or equipment tha t reasonably may be inferred from the Contrac t Documents
or from prevailin g custom or trade usage as bein g require d to produc e the indicate d result will be
provide d whethe r or not specifically calle d for , at no additiona l cos t to City.
C. Clarification s and interpretations of the Contrac t Documents shall be issued by City.
D. The Specifications ma y var y in for m, format and style . Some Specification sections may be written
in varying degree s of strea mline d or declarative style and some sections ma y be relatively
narrative by comparison. Omissio n of such words and phrase s as “the Contractor shall,” “in
confor mit y with,” “a s shown,” or “a s specified ” are intentiona l in strea mlined sections .
Omitte d words and phrase s shall be supplie d by inference. Simila r type s of provisions may appea r
in various parts of a section or article s within a part depending on the format of the
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section. The Contractor shall not take advantage of any variatio n of for m, format or style in
makin g Contrac t Claims.
E. The cros s referencing of specification sections unde r the subparagraph heading “Related
Sections includ e but are not necessarily limite d to:” and elsewhere within each Specification
section is provide d as an aid and convenienc e to the Contractor . The Contractor shall not rely on
the cros s referencing provide d and shall be responsible to coordinate the entir e Wor k unde r the
Contrac t Documents and provide a complet e Projec t whethe r or not the cros s referencing is
provide d in each section or whethe r or not the cros s referencing is complete.
3.02 Reference Standards
A. Standards , Specifications, Codes , Laws, and Regulations
1. Reference to standards , specifications, manuals , or code s of any technical society, organization ,
or association, or to Laws or Regulations , whethe r suc h 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 Bid s (or on the Effective Date of the Agree ment if there were no Bids),
except as may be otherwis e specifically state d in the Contrac t Documents.
2. No provision of any suc h standard, specification, manual, or code , or any instructio n of a
Supplier, shall be effective to change the duties or responsibilitie s of City , Contractor , or any
of their subcontractors , consultants , agents , or employees , from thos e set forth in the Contract
Documents . No suc h provision or instructio n shall be effective to assign to City , or any of its
officers, directors , me mbers , partners , employee s, agents , consultants , or subcontractors , any
duty or authority to supervis e or direc t the perfor manc e of the Wor k or any duty or authority
to undertake responsibilit y inconsistent wit h the provisions of the Contrac t Documents.
3.03 Reportin g and Resolvin g Discrepancies
A. Reportin g Discrepancies:
1. Contractor’s Revie w o f Contract Documents Befor e Starting Work : Before undertaking each
part of the Work, Contractor shall carefully study and compar e the Contrac t Documents and
check and verif y pertinent figure s therein agains t all applicable field measurements and
conditions . Contractor shall promptly repor t in writin g to Cit y any conflict , error, ambiguity,
or discrepanc y whic h Contractor discovers , or ha s actual knowledge of , and shall obtain a
written interpretation or clarificatio n from Cit y be fore proceeding wit h any Wor k affected
thereby.
2. Contractor’s Revie w o f Contract Documents Durin g Performance o f Work : If, during the
perfor manc e of the Work, Contractor discover s any conflict , error, ambiguity, or discrepancy
within the Contrac t Documents , or between the Contrac t Documents and (a) any applicable
La w or Regulatio n , (b) any standard, specification, manual, or code , or (c) any instructio n of
any Supplier, the n Contractor shall promptly report it to Cit y in writing . Contractor shall not
procee d wit h the Wor k affected thereby (except in an emergenc y as require d by Paragraph
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6.17.A ) until a n amendment or supple ment to the Contrac t Documents ha s bee n issued by
one of the methods indicate d in Paragraph 3.04.
3. Contractor shall not be liable to Cit y for failure to report any conflict , error, ambiguity, or
discrepanc y in the Contrac t Documents unles s Contractor ha d actual knowledge thereof.
B. Resolvin g Discrepancies:
1. Except as may be otherwis e specifically state d in the Contrac t Documents , the provisions of
the Contrac t Documents shall take precedence in resolvin g any conflict , error, ambiguity, or
discrepanc y between the provisions of the Contrac t Documents and the provisions of any
standard, specification, manual, or the instruction of any Supplie r (whethe r or not specifically
incorporate d by reference in the Contrac t Documents).
2. In case of discrepancies, figure d dimensions shall gover n ove r scaled dimensions , Plan s shall
govern ove r Specifications, Supple mentary Condition s shall govern ove r General Conditions
and Specifications, and quantitie s show n on the Plan s shall gover n ove r thos e show n in the
proposal.
3.04 Amendin g and Supplementing Contract Documents
A. The Contrac t Documents ma y be amende d to provide for additions , deletions , and revision s in
the Wor k or to modif y the terms and conditions thereof by a Change Order.
B. The require ments of the Contrac t Documents ma y be supple mented, and mino r variation s and
deviations in the Wor k not involvin g a change in Contrac t Pric e or Contrac t Time, may be
authorized, by one or mor e of the followin g ways:
1. A Field Order;
2. City’s revie w of a Submitta l (subjec t to the provisions of Paragraph 6.18.C); or
3. City’s writte n interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplie r shall not:
1. have or acquir e any title to or ownership rights in any of the Drawings , Specifications , or
othe r documents (or copie s of any thereof ) prepared by or bearing the seal of Engineer,
includin g electronic media editions ; or
2. reus e any suc h Drawings , Specifications, othe r documents , or copie s thereof on extensions of
the Projec t or any othe r projec t without writte n consent of Cit y and specific written verificatio n
or adaptation by Engineer.
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B. The prohibitions of this Paragraph 3.05 will sur viv e fina l payment, or terminatio n of the
Contract. Nothing herein shall preclude Contrac tor from retainin g copie s of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unles s otherwis e stated in the Supple mentary Conditions , the dat a furnishe d by Cit y or Engineer
to Contractor , or by Contractor to Cit y or Engineer , tha t may be relie d upon are limite d to the
printe d copie s include d in the Contrac t Doc uments (als o know n as har d copies ) and other
Specifications referenced and located on the City’s on-line electronic document manage ment and
collaboratio n system site . File s in electronic media for mat of text, data , graphics , or othe r types
are furnishe d only for the convenienc e of the receiving party. Any conclusion or informatio n
obtaine d or derive d from suc h electronic files will be at the user’s sole risk . If there is a discrepanc y
between the electronic file s and the hard copies , the har d copie s govern.
B. Whe n transferring documents in electronic media for mat, the transferring party make s no
representations as to lon g term compatibility , usability , or readabilit y of documents resulting from
the us e of software applicatio n packa ges, operating systems, or compute r hardware differing from
thos e use d by the data’s creator.
ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL COND ITIONS ; REFERENCE POINTS
4.01 Availability of Lands
A. Cit y shall furnis h the Site . Cit y shall notif y Contractor of any encumbrance s or restriction s not of
genera l applicatio n but specifically related to us e of the Sit e wit h whic h Contractor mus t comply
in perfor min g the Work. Cit y will obtain in a timely manne r and pa y for easements for per manent
structure s or permanent change s in existin g facilities.
1. The Cit y ha s obtaine d or anticipates acquisit ion of and/or access to right-of -way, and/or
easements . Any outstanding right-of -way and/or easements are anticipated to be acquire d in
accordance wit h the schedule set forth in the Supple mentary Conditions . The Project Schedule
submitted by the Contractor in accordanc e wit h the Contrac t Documents must conside r any
outstanding right-of-way, and/or easements.
2. The Cit y ha s or anticipates re moving and/or re locatin g utilities , and obstructions to the Site.
Any outstanding re mova l or relocation of utilitie s or obstructions is anticipated in accordance
wit h the schedule set forth in the Supple mentary Conditions . The Projec t Schedule submitted
by the Contractor in accordance wit h the Contract Documents mus t conside r any outstanding
utilitie s or obstructions to be removed, adjusted, and/or relocated by others.
B. Upon reasonable writte n request, Cit y shall furnis h Contractor wit h a current state ment of record
lega l title and lega l descriptio n of the land s upon whic h the Wor k is to be perfor med.
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C. Contractor shall provide for all additiona l land s and access thereto tha t may be require d for
construction facilitie s or storage of materials and equipment.
4.02 Subsurface an d Physical Conditions
A. Reports and Drawings : The Supple mentary Conditions identify:
1. thos e reports know n to Cit y of explorations and tests of subsurfac e conditions at or
contiguous to the Site ; and
2. thos e drawings know n to Cit y of physica l conditions relatin g to existin g surfac e or
subsurfac e structure s at the Sit e (except Underground Facilities).
B. Limite d Relianc e b y Contractor on Technical Data Authorized : Contractor may rely upon the
accuracy of the “technical data ” containe d in suc h report s and drawings , but suc h reports and
drawings are not Contrac t Docume nts . Suc h “technical data ” is identifie d in the Supple mentary
Conditions . Contractor may not make any Contrac t Claim agains t City , or any of their officers,
directors , members , partners , employees , agents , consultants , or subcontractor s wit h respect to:
1. the completeness of suc h reports and drawings for Contractor’s purposes , including , but not
limite d to, any aspects of the means, methods , techniques , sequences, and procedure s of
construction to be employe d by Contractor , and safety precautions and progra ms incident
thereto; or
2. othe r data , interpretations , opinions , and infor matio n containe d in suc h reports or show n or
indicate d in suc h drawings ; or
3. any Contractor interpretation of or conclusion draw n from any “technical data ” or any such
othe r data , interpretations , opinions , or infor mation.
4.03 Differing Subsurface o r Physica l Conditions
A. Notice : If Contractor believe s tha t any subsurfac e or physica l condition tha t is uncovere d or
revealed either:
1. is of suc h a natur e as to establis h tha t any “technical data ” on whic h Contractor is entitle d to
rely as provide d in Paragraph 4.02 is materially inaccurate; or
2. is of suc h a natur e a s to requir e a change in the Contrac t Documents ; or
3. differs materially from tha t show n or indicate d in the Contrac t Documents ; or
4. is of a n unusua l nature , and differs materially from conditions ordinarily encountere d and
generally recognize d as inherent in wor k of the character provide d for in the Contract
Documents;
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the n Contractor shall, promptly after becomin g aware thereof and befor e furthe r disturbing the
subsurfac e or physica l conditions or performin g any Wor k in connection therewith (except in an
emergenc y as require d by Paragraph 6.17.A), notif y Cit y in writin g about suc h condition.
B. Possible Price and Time Adjustments
Contractor shall not be entitle d to any adjustment in the Contrac t Pric e or Contrac t Time if:
1. Contractor kne w of the existenc e of suc h conditions at the time Contractor made a final
commit ment to Cit y wit h respect to Contrac t Pric e and Contrac t Time by the submissio n of a
Bid or becomin g bound unde r a negotiate d contract; or
2. the existenc e of suc h condition could reasonably have bee n discovere d or revealed as a result
of the exa minatio n of the Contrac t Documents or the Site ; or
3. Contractor faile d to giv e the written notic e as require d by Paragraph 4.03.A.
4.04 Underground Facilities
A. Shown o r Indicated: The informatio n and data show n or indicate d in the Contrac t Documents
wit h respect to existin g Underground Facilitie s at or contiguous to the Sit e is base d on infor matio n
and data furnishe d to Cit y or Enginee r by the owners of suc h Underground Facilities ,
includin g City , or by others . Unles s it is otherwis e expressly provide d in the Supple mentar y
Conditions:
1. Cit y and Enginee r shall not be responsible for the accuracy or completeness of any such
infor matio n or data provide d by others ; and
2. the cos t of all of the followin g will be include d in the Contrac t Price , and Contractor shall
have full responsibilit y for:
a. reviewin g and checking all suc h infor matio n and data;
b. locatin g all Underground Facilitie s show n or indicate d in the Contrac t Documents;
c. coordination and adjustment of the Wor k wit h the owners of suc h Underground
Facilities , includin g City , during construction; and
d. the safety and protection of all suc h Underground Facilitie s and repairin g any da mage
thereto resultin g from the Work.
B. Not Shown or Indicated:
1. If an Underground Facilit y whic h conflict s wit h the Wor k is uncovere d or revealed a t or
contiguous to the Sit e whic h was not show n or indicated, or not show n or indicate d with
reasonable accuracy in the Contrac t Documents , Contractor shall, promptly afte r becoming
aware thereof and before furthe r disturbing conditions affected thereby or perfor min g any
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Work in connection therewith (except in an emergenc y as require d by Paragraph 6.17.A),
identif y the owne r of suc h Underground Facilit y and giv e notic e to tha t owne r and to City.
Cit y will revie w the discovere d Underground Facilit y and determin e the extent, if any, to
whic h a change may be require d in the Contrac t Documents to reflect and document the
consequence s of the existenc e or locatio n of the Underground Facility . Contractor shall be
responsible for the safety and protection of suc h discovere d Underground Facility.
2. If Cit y conclude s tha t a change in the Contract Documents is required, a Change Orde r may
be issued to reflect and document suc h consequences.
3. Verificatio n of existin g utilities , structures , and servic e line s shall includ e notificatio n of all
utilit y companie s a minimum of 48 hour s in advanc e of construction includin g exploratory
excavation if necessary.
4.05 Reference Points
A. Cit y shall provide engineering surveys to establis h reference points for construction, whic h in
City’s judgment are necessary to enable Contrac tor to procee d wit h the Work. Cit y will provide
construction stake s or othe r customary method of markin g to establis h lin e and grade s for roadwa y
and utilit y construction, centerlines and benchmarks for bridgework. Contractor shall protec t and
preserve the establishe d reference points and property monuments , and shall make no change s or
relocations . Contractor shall repor t to Cit y wheneve r any reference point or property monument is
los t or destroye d or require s relocation because of necessary change s in grade s or locations . The
Cit y shall be responsible for the replacement or relocation of reference point s or property
monuments not carelessly or willfully destroye d by the Contractor . The Contractor shall notif y
Cit y in advanc e and wit h sufficien t time to avoid delays.
B. Whenever, in the opinion of the City , any refere nc e point or monument ha s bee n carelessly or
willfull y destroyed, disturbed, or remove d by the Contractor or any of his employees , the full cos t
for replacing suc h points plu s 25% will be charge d agains t the Contractor, and the full a mount will
be deducte d from payment due the Contractor.
4.06 Hazardous Environmenta l Conditio n a t Site
A. Reports and Drawings : The Supple mentary Conditions ide ntif y thos e report s and drawings know n
to Cit y relatin g to Hazardous Environmenta l Conditions tha t have bee n identifie d at the Site.
B. Limited Reliance by Contractor o n Technical Data Authorized : Contractor may rely upon the
accuracy of the “technical data ” containe d in such reports and drawings , but suc h reports and
drawings are not Contrac t Documents . Suc h “technical data ” is identifie d in the Supple mentary
Conditions . Contractor may not make any Contrac t Claim agains t City , or any of their officers,
directors , members , partners , employees , agents , consultants , or subcontractors wit h respect to:
1. the completeness of suc h reports and drawings for Contractor’s purposes , including , but not
limite d to, any aspects of the means, methods , techniques , sequence s and procedure s of
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construction to be employe d by Contractor and safety precautions and progra ms incident
thereto; or
2. othe r data , interpretations , opinions and infor matio n containe d in suc h reports or show n or
indicate d in suc h drawings ; or
3. any Contractor interpretation of or conclusion draw n from any “technical data ” or any such
othe r data , interpretations , opinions or infor mation.
C. Contractor shall not be responsible for a ny Hazardous Environmenta l Condition uncovere d or
revealed at the Sit e whic h was not show n or indica ted in Drawings or Specification s or identif ied
in the Contrac t Documents to be within the scope of the Work. Contractor shall be responsible for
a Hazardous Environmenta l Condition created wit h any materials brought to the Sit e by
Contractor , Subcontractors , Suppliers , or anyone els e for whom Contractor is responsible.
D. If Contractor encounter s a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmenta l Condition, Contractor shall
immediately: (i) secure or otherwis e isolat e suc h condition; (ii) stop all Wor k in connection with
suc h condition and in any area affected thereby (except in an emergenc y as require d by Paragraph
6.17.A); and (iii) notify Cit y (and promptly thereafter confir m suc h notic e in writing). Cit y may
conside r the necessity to retain a qualifie d expert to evaluate suc h condition or take corrective
action, if any.
E. Contractor shall not be require d to resume Wor k in connection wit h suc h condition or in any
affected area until afte r Cit y ha s obtaine d any require d permit s related thereto and delivered writte n
notic e to Contractor: (i) specifyin g tha t suc h condition and any affected area is or has bee n
rendere d suitable for the resumptio n of Work; or (ii) specifyin g any special conditions unde r whic h
suc h Work may be resumed.
F. If afte r receipt of suc h writte n notic e Contractor doe s not agre e to resume suc h Work base d on a
reasonable belie f it is unsafe , or doe s not agree to resume suc h Wor k unde r suc h special conditions ,
the n Cit y ma y orde r the portion of the Wor k tha t is in the are a affected by such condition to be
deleted from the Work. Cit y may have suc h deleted portion of the Work performed by City’s ow n
forces or others.
G. To th e fulles t extent permitte d by Law s and Re gulations, 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 o f engineers, architects, attorneys, and other professionals and all court
o r arbitratio n o r other dispute resolutio n costs) arisin g out o f o r relatin g to a Hazardous
Environmental Condition created b y Contractor or b y anyone for whom Contractor is responsible.
Nothin g in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual o r entity
from and against th e consequences o f tha t individual’s o r entity’s own negligence.
H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovere d or revealed at the Site.
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ARTICLE 5 – BOND S AND INSURANCE
5.01 Licensed Sureties and Insurers
All bonds and insuranc e require d by the Contrac t Documents to be purchase d and maintaine d by
Contractor shall be obtaine d from surety or insur anc e companie s tha t are duly license d or authorized
in the State of Texa s to issue bonds or insura nce policie s for the limit s and coverage s so required.
Suc h surety and insuranc e companie s shall als o meet suc h additiona l require ments and qualifications
as may be provide d in the Supple mentary Conditions.
5.02 Performance, Payment, and Maintenanc e Bonds
A. Contractor shall furnis h perfor manc e and payment bonds , in accordance wit h Texa s Government
Code Chapte r 2253 or successor statute , each in an amount equa l to the Contrac t Pric e as
security for the faithful perfor manc e and payment of all of Contractor’s obligations unde r the
Contrac t Documents.
B. Contractor shall furnis h maintenanc e bonds in a n amount equa l to the Contrac t Pric e as security
to protec t the Cit y agains t any defects in any portion of the Wor k describe d in the Contract
Documents . Maintenanc e bonds shall remain in effect for tw o (2) years a fte r the date of Final
Acceptance by the City.
C. All bonds shall be in the for m prescribe d by the Contrac t Document s except as provided otherwis e
by Laws or Regulations , and shall be executed by suc h suretie s as are na med in the list o f
“Companie s Holdin g Certificates of Authority as Acceptable Suretie s on Federal Bonds and a s
Acceptable Reinsurin g Companies ” as published in Circula r 570 (amended) by the Financial
Manage ment Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by
a n agent or attorney-in -fac t mus t be accompa nie d by a sealed and date d powe r of attorney whic h
shall show tha t it is effective on the date the agent or attorney-in -fact signe d each bond.
D. If the suret y on any bond furnishe d by Contractor is declared bankrupt or becomes insolvent or it s
righ t to do busines s is terminate d in the State of Texa s or it ceases to meet the require ments of
Paragraph 5.02.C, Contractor shall promptly notif y Cit y and shall, within 30 days afte r the event
givin g ris e to suc h notification , provide anothe r bond and surety, both of whic h shall comply wit h
the require ments of Paragraphs 5.01 and 5.02.C.
5.03 Certificates of Insurance
Contractor shall delive r to City , wit h copie s to each additiona l insure d and los s paye e identifie d in th e
Supple mentary Conditions , certificates of insura nc e (othe r evidenc e of insuranc e requested by Cit y or
any othe r additiona l insured) in at least the minimum amount as specified in the Supplementary
Conditions whic h Contractor is require d to purchas e and maintain.
1. The certificate of insuranc e shall document the City , and all identifie d entitie s na med in the
Supple mentary Conditions as “Additiona l Insured” on all liabilit y policies.
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2. The Contractor’s genera l liabilit y insuranc e shall includ e a, “pe r project ” or “pe r location”,
endorse ment , whic h shall be identifie d in the certificat e of insuranc e provide d to the City.
3. The certificate shall be signe d by an agent authorize d to bin d coverage on behalf of the insured ,
be complet e in it s entirety, and show complet e insuranc e carrier na me s as liste d in th e current
A.M. Best Property & Casualty Guide
4. The insurer s for all policie s mus t be license d and/or approve d to do busines s in the State of
Texas. Except for workers ’ compensation, all insurer s mus t have a minimum ratin g of A-:
VII in the current A. M. Best Key Ratin g Guid e or have reasonably equivalent financial
strength and solvenc y to the satisfaction of Ris k Manage ment. If the ratin g is belo w that
required, written approva l of Cit y is required.
5. All applicable policie s shall includ e a Waive r of Subrogation (Rights of Recovery) in favor
of the City . In addition, the Contractor agrees to waiv e all rights of subrogation agains t the
Enginee r (if applicable), and each additional insure d identifie d in the Supple mentary
Conditions
6. Failur e of the Cit y to de mand suc h certificates or othe r evidenc e of full complianc e wit h the
insuranc e require ments or failur e of the Cit y to identif y a deficiency from evidenc e tha t is
provide d shall not be construe d as a waive r of Contractor’s obligatio n to maintain suc h lines
of insuranc e coverage.
7. If insuranc e policie s are not writte n for specifie d coverage limits , an Umbrella or Excess
Liabilit y insuranc e for any differences is required. Excess Liabilit y shall follo w form of the
primary coverage.
8. Unles s otherwis e stated, all require d insuranc e shall be written on the “occurrenc e basis”. If
coverage is underwritte n on a claims-made basis , the retroactive date shall be coincident with
or prio r to the date of the effective date of the agreement and the certificate of insuranc e shall
state tha t the coverage is claims-made and the retroactive date . The insuranc e coverage shall
be maintaine d for the duration of the Contrac t and for thre e (3) years followin g Final
Acceptance provide d unde r the Contrac t Documents or for the warranty period, whicheve r is
longer. An annua l certificate of insuranc e submitte d to the Cit y shall evidenc e such
insuranc e coverage.
9. Policie s shall have no exclusions by endorse ments , which , neithe r nullif y or a mend, the
require d line s of coverage , nor decrease the limit s of said coverage unles s suc h endorse ments
are approve d in writin g by the City . In the event a Contrac t ha s bee n bid or executed and the
exclusions are determine d to be unacceptable or the Cit y desire s additiona l insurance coverage ,
and the Cit y desire s the contractor/enginee r to obtain suc h coverage , the contract pric e shall
be adjuste d by the cos t of the pre miu m for suc h additiona l coverage plu s 10%.
10. Any self -insure d retention (SIR), in excess of $25,000.00, affecting require d insurance
coverage shall be approve d by the Cit y in regards to asset valu e and stockholders ' equity. In
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lie u of traditiona l insurance , alternative cover age maintaine d through insuranc e pools or risk
retention groups , mus t als o be approve d by City.
11. Any deductible in excess of $5,000.00, for any polic y tha t doe s not provide coverage on a
first-dolla r basis , mus t be acceptable to and approve d by the City.
12. City , at it s sole discretion , reserves the righ t to revie w the insuranc e require ments and to
make reasonable adjustments to insuranc e coverage’s and their limit s whe n dee med necessary
and prudent by the Cit y base d upon change s in statutory law , court decisio n or the claims
histor y of the industry a s well as of the contracting party to the City . The Cit y shall b e require d
to provide prio r notic e of 90 days , and the insuranc e adjustments shall be incorporate d int o the
Wor k by Change Order.
13. Cit y shall be entitled , upon writte n reques t and without expense , to receive copie s of policies
and endorse ments thereto and may make any reasonable requests for deletio n or revisio n or
modification s of particula r polic y terms, conditions , limitations , or exclusions necessary to
conform the polic y and endorse ments to the require ments of the Contract. Deletions, revisions ,
or modification s shall not be require d where polic y provisions are establishe d by la w or
regulations binding upon eithe r party or the underwrite r on any suc h policies.
14. Cit y shall not be responsible for the direct payment of insuranc e pre miu m costs for
Contractor’s insurance.
5.04 Contractor’s Insurance
A. Worker s Compensation and Employers’ Liability. Contractor shall purchas e and maintain such
insuranc e coverage wit h limit s consistent wit h statutor y bene fit s outline d in the Texa s Workers’
Compensation Act (Texa s Labor Code , Ch. 406, as amended), and minimum limit s for Employers ’
Liabilit y as is appropriate for the Wor k bein g per formed and as will provide protection from claims
set forth belo w whic h may aris e out of or result from Contractor’s performanc e of the Wor k and
Contractor’s othe r obligations unde r the Contrac t Documents, whethe r it is to be perfor med by
Contractor, any Subcontractor or Supplier, or by anyone directly o r indirectly employe d by any of
the m to perfor m any of the Work, or by anyone for whos e acts any of the m may be liable:
1. claims unde r workers ’ compensation, disabilit y benefits , and othe r simila r employe e benefit
acts;
2. claims for da mage s because of bodily injury , occupationa l sicknes s or disease, or death of
Contractor’s employees.
B. Commercia l General Liability . Coverage shall includ e but not be limite d to covering liability
(bodily injur y or property da mage ) arisin g from: pre mises/operations , independent contractors,
products/complete d operations , persona l injury , and liabilit y unde r an insure d contract. Insurance
shall be provide d on an occurrenc e basis , and as comprehensive as the current Insuranc e Services
Office (ISO) policy . This insuranc e shall apply a s primary insuranc e wit h respect to any other
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insuranc e or self-insuranc e progra ms afforde d to the City . The Commercial General Liability
policy , shall have no exclusions by endorse ments that would alte r of nullif y pre mises/operations,
products/complete d operations , contractual, per sona l injury , or advertisin g injury , whic h are
normally containe d wit h the policy , unles s the Cit y approve s suc h exclusions in writing.
For construction projects tha t present a substa ntia l complete d operation exposure , the Cit y may
require the contractor to maintain complete d operations coverage for a minimum of no les s than
thre e (3) years followin g the completio n of the projec t (if identifie d in the Supple mentary
Conditions).
C. Automobile Liability . A commercial busines s auto polic y shall provide coverage on “any auto”,
define d as autos owned, hire d and non-owne d and provide inde mnit y for claims for da mages
because bodily injur y or death of any person and or property da mage arisin g out of the work,
maintenanc e or us e of any motor vehicle by the Contractor , any Subcontractor or Supplier , or by
anyone directly or indirectly employe d by any of the m to perform any of the Work, or by anyone
for whos e acts any of the m may be liable.
D. Railroa d Protectiv e Liability. If any of the wor k or any warranty wor k is within the limit s of
railroa d right-of-way, the Contractor shall comply wit h the require ments identifie d in the
Supple mentary Conditions.
E. Notificatio n of Policy Cancellation: Contractor shall immediately notif y Cit y upon cancellation
or othe r los s of insuranc e coverage . Contractor shall stop wor k until replacement insuranc e has
bee n procured. Ther e shall be no time credit for days not worke d pursuant to this section.
5.05 Acceptance o f Bond s and Insurance; Option to Replace
If Cit y ha s any objectio n to the coverage afforded by or othe r provisions of the bonds or insurance
require d to be purchase d and maintaine d by the Contractor in accordance wit h Article 5 on the basis
of non-conformanc e wit h the Contrac t Documents , the Cit y shall so notify the Contractor in writing
within 10 Busines s Days after receipt of the certificates (or othe r evidenc e requested). Contractor shall
provide to the Cit y suc h additiona l infor matio n in respect of insuranc e provide d as the Cit y may
reasonably request. If Contractor doe s not purcha se or maintain all of the bonds and insurance require d
by the Contrac t Documents , the Cit y shall notify the Contractor in writin g of suc h failure prio r to the
start of the Work, or of suc h failur e to maintain prio r to any change in the required coverage.
ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES
6.01 Supervision an d Superintendence
A. Contractor shall supervise , inspect, and direc t the Wor k competently and efficiently , devoting
suc h attention thereto and applying suc h skills and expertis e a s ma y be necessary to per for m the
Wor k in accordance wit h the Contrac t Documents . Contractor shall be solely responsible for the
means, methods , techniques , sequences, and procedure s of construction.
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B. At all times during the progres s of the Work, Contractor shall assign a competent, English -
speaking, Superintendent who shall not be replaced without writte n notic e to City . The
Superintendent will be Contractor’s representative at the Sit e and shall have authority to act on
behalf of Contractor. All communicatio n give n to or received from the Superintendent shall be
binding on Contractor.
C. Contractor shall notify the Cit y 24 hour s prio r to moving areas during the sequenc e of construction.
6.02 Labor; Workin g Hours
A. Contractor shall provide competent, suitably qualifie d personne l to perfor m construction as
require d by the Contrac t Documents . Contractor shall at all time s maintain good disciplin e and
orde r at the Site.
B. Except as otherwis e require d for the safety or protection of persons or the Work or property at
the Sit e or adjacent thereto, and except as otherwise state d in the Contrac t Documents , all Work
at the Sit e shall be perfor med during Regula r Working Hours . Contractor will not permit the
perfor manc e of Wor k beyond Regula r Working Hours or for Weekend Working Hours without
City’s writte n consent (whic h will not be unrea sonably withheld). Written reques t (by letter or
electronic communication) to perfor m Work:
1. for beyond Regula r Working Hours reques t mus t be made by noon at least two (2) Business
Days prior
2. for Weekend Working Hour s reques t mus t be made by noon of the preceding Thursday
3. for lega l holidays reques t mus t be made by noon two Busines s Days prio r to the legal
holiday.
6.03 Services, Materials, and Equipment
A. Unles s otherwis e specifie d in the Contrac t Documents , Contractor shall provide and assume full
responsibilit y for all services, materials, equipment, labor, transportation, construction equipment
and machinery, tools , appliances, fuel, power, light , heat, telephone , water, sanitary facilities,
te mporar y facilities , and all othe r facilitie s and incidentals necessary for the per formance,
Contractor require d testing, start-up, and completio n of the Work.
B. All materials and equipment incorporate d int o the Wor k shall be as specifie d or , if not specified,
shall be of good qualit y and new , except as other wis e provide d in the Contrac t Documents . All
special warranties and guarantee s require d by the Specifications shall expressly run to the benefit
of City . If require d by City , Contractor shall furnis h satisfactory evidenc e (includin g reports of
require d tests) as to the source , kind, and qualit y of materials and equipment.
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C. All materials and equipment to be incorporate d into the Wor k shall be stored, applied , installed,
connected, erected, protected, used, cleaned, and conditione d in accordance wit h instructions of
the applicable Supplier , except as otherwis e ma y be provide d in the Contrac t Documents.
D. All ite ms of standar d equipment to be incorporate d int o the Work shall be the latest mode l at the
time of bid , unles s otherwis e specified.
6.04 Projec t Schedule
A. Contractor shall adher e to the Projec t Schedule establishe d in accordance wit h Paragraph 2.07
and the General Require ments as it may be adjuste d from time to time as provide d below.
1. Contractor shall submit to Cit y for acceptance (to the extent indicate d in Paragraph 2.07 and
the General Require ments ) propose d adjustment s in the Projec t Schedule tha t will not result
in changing the Contrac t Time . Suc h adjustme nts will comply wit h any provisions of the
General Require ments applicable thereto.
2. Contractor shall submit to Cit y a monthly Projec t Schedule wit h a monthly progres s payment
for the duration of the Contrac t in accordance wit h the schedule specification 01 32 16.
3. Propose d adjustments in the Projec t Schedule tha t will change the Contrac t Time shall be
submitted in accordance wit h the require ments of Article 12. Adjustments in Contrac t Time
may only be made by a Change Order.
6.05 Substitutes and “Or -Equals”
A. Wheneve r an ite m of material or equipment is specifie d or describe d in the Contrac t Documents
by usin g the na me of a proprietar y ite m or the na me of a particula r Supplier, the specificatio n or
descriptio n is intende d to establis h the type, function, appearance, and qualit y required. Unless the
specification or descriptio n contains or is followe d by words reading tha t no like , equivalent, or
“or -equal” ite m or no substitution is per mitted, othe r ite ms of material or equipment of other
Supplier s may be submitte d to Cit y for revie w unde r the circumstances describe d below.
1. “Or -Equal” Items : If in City’s sole discretio n an ite m of material or equipment propose d by
Contractor is functionally equa l to tha t na med and sufficiently simila r so tha t no change in
related Work will be required, it may be conside red by Cit y as an “or -equal” ite m, in which
case revie w and approva l of the propose d ite m may, in City’s sole discretion , be accomplishe d
without complianc e wit h some or all of the require ments for approva l of propose d substitute
ite ms. For the purpose s of this Paragraph 6.05.A.1, a propose d ite m of material or equipment
will be considere d functionally equa l to an ite m so na med if:
a. the Cit y determine s that:
1) it is at least equa l in materials of construction, quality , durability , appearance,
strength, and desig n characteristics;
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2) it will reliably per form a t least equally well the function and achieve the results
impose d by the desig n concept of the complete d Projec t a s a functioning whole ; and
3) it ha s a prove n record of performanc e and availabilit y of responsive service; and
b. Contractor certifie s that, if approve d and incorporate d int o the Work:
1) there will be no increase in cos t to the Cit y or increase in Contrac t Time; and
2) it will confor m substantially to the detailed require ments of the ite m na med in the
Contrac t Documents.
2. Substitute Items:
a. If in City’s sole discretio n an ite m of material or equipment propose d by Contractor does
not qualif y as an “or -equal” ite m unde r Paragraph 6.05.A.1, it may be submitte d as a
propose d substitute ite m.
b. Contractor shall submit sufficien t in for matio n as provide d belo w to allo w Cit y to determin e
if the ite m of material or equipment propose d is essentially equivalent to that na med and
an acceptable substitute therefor. Requests for revie w of propose d substitute ite ms of
material or equipment will not be accepted by Cit y from anyone othe r than Contractor.
c. Contractor shall make writte n applicatio n to Cit y for revie w of a propose d substitute item
of material or equipment tha t Contractor seeks to furnis h or use . The applicatio n shall
comply wit h Section 01 25 00 and:
1) shall certify tha t the propose d substitute ite m will:
a ) perfor m adequately the functions and achie ve the result s calle d for by the general
design;
b) be simila r in substanc e to tha t specified;
c) be suite d to the same us e as tha t specified; and
2) will state:
a) the extent , if any, to whic h the us e of the propose d substitute ite m will prejudice
Contractor’s achievement of fina l completio n on time;
b) whethe r us e of the propose d substitute ite m in the Wor k will require a change in
any of the Contrac t Documents (or in the provisions of any othe r direc t contract
wit h Cit y for othe r wor k on the Projec t) to adapt the desig n to the proposed
substitute ite m;
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c) whethe r incorporation or us e of the propose d substitute ite m in connection with
the Wor k is subjec t to payment of any licens e fe e or royalty; and
3) will identify:
a) all variation s of the propose d substitut e ite m from tha t specified;
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an ite mize d estimate of all cos ts or credits tha t will result directly or
indirectly from us e of suc h substitute ite m, includin g cost s of redesign and Damage
Claims of othe r contractor s affected by any resultin g change.
B. Substitute Constructio n Methods o r Procedures: If a specific means, method, technique, sequence ,
or procedur e of construction is expressly require d by the Contrac t Documents, Contractor may
furnis h or utilize a substitute means , method, technique , sequence , or procedure of constructio n
approve d by City . Contractor shall submit sufficien t in formatio n to allo w City , in City’s sole
discretion , to determin e tha t the substitute propose d is equivalent to tha t expressly called for by
the Contrac t Documents . Contractor shall make writte n applicatio n to Cit y for revie w in the same
manne r as thos e provide d in Paragraph 6.05.A.2.
C. City’s Evaluation : Cit y will be allowe d a reasonable time within whic h to evaluate each
proposa l or submittal made pursuant to Paragraphs 6.05.A and 6.05.B . Cit y may require Contractor
to furnis h additiona l data about the propose d substitute . Cit y will be the sole judge of acceptability.
No “or -equal” or substitute will be ordered, installe d or utilize d until City’s review is complete ,
whic h will be evidence d by a Change Orde r in the case of a substitute and an accepted Submitta l
for an “or -equal.” Cit y will advis e Contractor in writin g of it s determination.
D. Special Guarantee: Cit y may require Contractor to furnis h at Contractor’s expens e a special
per for manc e guarantee , warranty, or othe r suret y wit h respect to any substitute . Contractor shall
indemnify and hold harmless City and anyone directly o r indirectly employed b y them from and
against any and all claims, damages, losse s and expenses (including attorney s fees ) arisin g out of
th e use o f substituted materials or equipment.
E. City’s Cost Reimbursement: Cit y will record City’s cost s in evaluating a substitute propose d or
submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whethe r or not City
approve s a substitute so propose d or submitte d by Contractor , Contractor may be require d to
reimburs e Cit y for evaluating each suc h propose d substitute . Contractor may als o be require d to
reimburs e Cit y for the charge s for makin g change s in the Contrac t Documents (or in the provision s
of any othe r direc t c ontrac t wit h City ) resultin g from the acceptance of each proposed substitute.
F. Contractor’s Expense : Contractor shall provide all data in suppor t of any propose d substitute or
“or -equal” at Contractor’s expense.
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G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute
shall be incorporate d to the Contrac t by Change Order.
H. Time Extensions: No additiona l time will be grante d for substitutions.
6.06 Concerning Subcontractors, Suppliers , an d Others
A. Contractor shall perfor m wit h his ow n organization , wor k of a valu e not les s tha n 35% of the
valu e e mbraced on the Contract, unles s otherwis e approve d by the City.
B. Contractor shall not emplo y any Subcontractor, Supplier , or othe r individua l or entity, whether
initiall y or as a replacement, agains t whom Cit y may have reasonable objection. Contractor shall
not be require d to emplo y any Subcontractor , Supplier, or othe r individua l or entit y to furnis h or
perfor m any of the Wor k aga ins t whom Contractor ha s reasonable objectio n (excluding those
acceptable to Cit y as indicate d in Paragraph 6.06.C).
C. The Cit y may from time to time requir e the us e of certain Subcontractors , Suppliers , or other
individuals or entitie s on the project, and will provide suc h require ments in the Supple mentary
Conditions.
D. Minority Busines s Enterprise Compliance: It is Cit y polic y to ensur e the full an d equitable
participatio n by Minorit y Busines s Enterprise s (MBE) in the procure ment of goods and services
on a contractua l basis . If the Contrac t Documents provide for a MBE goal, Contractor is require d
to comply wit h the inten t of the City’s MBE Ordinance (a s amended) by the following:
1. Contractor shall, upon reques t by City , provide complet e and accurate infor matio n regarding
actual work performed by a MBE on the Contrac t and payment therefor.
2. Contractor will not make additions , deletion s, or substitutions of accepted MBE without
written consent of the City . Any unjustifie d change or deletio n shall be a material breach of
Contrac t and may result in debarment in accordanc e wit h the procedure s outline d in the
Ordinance.
3. Contractor shall, upon reques t by City , allo w an audit and/or exa minatio n of any books, records ,
or file s in the possession of the Contractor tha t will substantiate the actual work perfor med by
an MBE. Material misrepresentation of any nature will be grounds for terminatio n of the
Contrac t in accordanc e wit h Paragraph 15.02.A . Any such misrepresentation ma y be ground s
for disqualificatio n of Contractor to bid on future contracts wit h the Cit y for a perio d of
not les s tha n thre e years.
E. Contractor shall be fully responsible to Cit y for all acts and omission s of the Subcontractors,
Suppliers , and othe r individuals or entitie s per formin g or furnishing any of the Wor k jus t as
Contractor is responsible for Contractor’s own acts and omissions . Nothing in the Contract
Documents:
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1. shall create for the bene fit of any suc h Subcontractor, Supplier, or othe r individua l or entity
any contractua l relationship between Cit y and any suc h Subcontractor , Supplie r or other
individua l or entity; nor
2. shall create any obligatio n on the part of Cit y to pa y or to see to the payment of any moneys
due any suc h Subcontractor , Supplier , or othe r individua l or entit y except as may otherwise be
require d by Laws and Regulations.
F. Contractor shall be solely responsible for scheduling and coordinating the Wor k of Subcontractors ,
Suppliers , and othe r individuals or entitie s per for min g or furnishing any of the Work unde r a direc t
or indirec t contrac t wit h Contractor.
G. All Subcontractors , Suppliers , and suc h othe r individuals or entitie s per formin g or furnishing any
of the Wor k shall communicat e wit h Cit y through Contractor.
H. All Work per formed for Contractor by a Subcontractor or Supplie r will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplie r whic h specifically
binds the Subcontractor or Supplie r to the applicable terms and conditions of the Contract
Documents for the benefit of City.
6.07 Wag e Rates
A. Duty to pay Prevailin g Wag e Rates. The Contractor shall comply wit h all require ments of
Chapte r 2258, Texa s Government Code (as a mended), includin g the payment of not les s tha n the
rate s determine d by the Cit y Council of the Cit y of Fort Worth to be the prevailin g wage rates in
accordance wit h Chapte r 2258. Suc h prevailin g wage rate s are include d in thes e Contract
Documents.
B. Penalty for Violation. A Contractor or any Subcontractor who doe s not pa y the prevailin g wage
shall, upon de mand made by the City , pa y to the Cit y $60 for each worke r employe d for each
calendar da y or par t of the da y tha t the worke r is paid les s tha n the prevailin g wage rates stipulate d
in thes e contrac t documents . This penalt y shall be retained by the Cit y to offset its ad ministrativ e
costs , pursuant to Texa s Government Code 2258.023.
C. Complaints o f Violation s and City Determinatio n o f Goo d Cause. On receipt of infor mation,
includin g a complain t by a worker, conce rnin g a n allege d violatio n of 2258.023, Texas
Government Code , by a Contractor or Subcontractor , the Cit y shall make an initial
determination , before the 31s t da y after the date the Cit y receives the information , a s to whether
good cause exist s to believ e tha t the violatio n occurred. The Cit y shall notif y in writin g the
Contractor or Subcontractor and any affected worker of it s initia l determination . Upon the City’s
determinatio n tha t ther e is good cause to believ e the Contractor or Subcontractor ha s violated
Chapte r 2258, the Cit y shall retain the full amounts claimed by the claimant or claimants as the
difference between wage s paid and wage s due unde r the prevailin g wage rates, suc h amounts bein g
subtracte d from successive progres s payments pending a fina l determinatio n of the violation.
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D. Arbitratio n Required if Violation Not Resolved. An issue relatin g to an allege d violatio n of Section
2258.023, Texa s Government Code , includin g a penalty owe d to the Cit y or an affected worker,
shall be submitte d to binding arbitratio n in accordance wit h the Texa s General Arbitration Act
(Article 224 et se q., Revise d Statutes) if the Contractor or Subcontractor and any affected worke r
doe s not resolv e the issue by a greement befor e the 15th da y afte r the date the Cit y make s it s initia l
determinatio n pursuant to Paragraph C above . If the persons require d to arbitrate unde r this
section do not agre e on an arbitrator before the 11th da y after the date that arbitration is required ,
a distric t court shall appoint an arbitrator on the petitio n of any of the persons . The Cit y is not a
party in the arbitr ation . The decisio n and award of the arbitrator is fina l and binding on all partie s
and may be enforce d in any court of competent jurisdiction.
E. Records to b e Maintained . The Contractor and each Subcontractor shall, for a perio d of thre e (3)
years followin g the date of acceptance of the work, maintain records tha t show (i) the na me and
occupation of each worke r employe d by the Contrac tor in the construction of the Wor k provided
for in this Contract; and (ii) the actual pe r die m wage s paid to each worker . The records shall be
ope n at all reasonable hours for inspectio n by the City . The provisions of Paragraph 6.23, Right
to Audit, shall pertain to this inspectio n.
F. Progress Payments. Wit h each progres s payment or payroll period, whicheve r is less , the
Contractor shall submit an affidavit stating tha t the Contractor ha s complie d wit h the require ments
of Chapte r 2258, Texa s Government Code.
G. Postin g o f Wag e Rates. The Contractor shall pos t prevailin g wage rates in a conspicuous plac e at
all times.
H. Subcontractor Compliance. The Contractor shall includ e in it s subcontracts and/or shall
otherwis e requir e all of it s Subcontractor s to comply wit h Paragraphs A through G above.
6.08 Paten t Fees and Royalties
A. Contractor shall pa y all licens e fees and royaltie s and assume all costs inciden t to the us e in the
perfor manc e of the Work or the incorporation in the Wor k of any invention, design, process,
product, or devic e whic h is the subjec t of pat ent rights or copyrights held by others . If a particula r
invention, design, process , product, or devic e is specifie d in the Contrac t Documents for us e in the
performanc e of the Wor k and if , to the actual knowledge of City , it s us e is subject to patent right s
or copyrights callin g for the payment of any licens e fee or royalty to others , the existenc e of suc h
rights shall be disclose d by Cit y in the Contrac t Documents . Failur e of the City t o disclos e suc h
infor matio n doe s not reliev e the Contractor from it s obligations to pa y for the us e of said fees or
royaltie s to others.
B. To th e fullest extent permitte d b y 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 o f engineers, architects, attorneys, and other professionals and all court
o r arbitratio n or other dispute resolutio n costs ) arising out o f o r relatin g to any infringement of
patent rights o r copyrights incident to th e use in th e performance of th e Wor k o r resultin g from
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th e incorporation in th e Wor k o f any invention , design, process, product, or device not specified
in th e Contract Documents.
6.09 Permits and Utilities
A. Contractor obtained permit s and licenses. Contractor shall obtain and pa y for all construction
permit s and license s except thos e provide d for in the Supple mentary Conditions or Contract
Documents . Cit y shall assist Contractor , whe n necessary, in obtaining suc h permit s and licenses.
Contractor shall pa y all governmenta l charge s and inspectio n fees necessary for the prosecution of
the Wor k whic h are applicable at the time of opening of Bids , or , if ther e are no Bids , on the
Effective Date of the Agree ment, except for permit s provide d by the Cit y as specifie d in 6.09.B.
Cit y shall pa y all charge s of utilit y owners for connections for providing permanent servic e to the
Work.
B. City obtained permit s and licenses. Cit y will obtain and pa y for all per mit s and license s as provide d
for in the Supple mentary Conditions or Contrac t Documents . It will be the Contractor’s
responsibilit y to carry out the provisions of the permit . If the Contractor initiate s change s to the
Contrac t and the Cit y approve s the changes , the Contractor is responsible for obtaining clearances
and coordinating wit h the appropriate regulatory agency. The Cit y will not reimburse the
Contractor for any cos t associated wit h these require ments of any Cit y acquire d per mit . The
followin g are per mit s the Cit y will obtain if required:
1. Texa s Department of Transportation Permits
2. U.S. Army Corps of Engineer s Permits
3. Texa s Commissio n on Environmenta l Qualit y Permits
4. Railroa d Company Permits
C. Outstanding permit s and licenses. The Cit y anticipates acquisitio n of and/or access to permits
and licenses. Any outstanding permit s and license s are anticipated to be acquire d in accordance
wit h the schedule set forth in the Supple mentary Conditions . The Projec t Schedule submitte d by
the Contractor in accordance wit h the Contr ac t Documents mus t conside r any outstanding per mit s
and licenses.
6.10 Laws and Regulations
A. Contractor shall giv e all notice s require d by and shall comply wit h all Laws and Regulations
applicable to the performanc e of the Work. Except wher e otherwis e expressly require d by
applicable Laws and Regulations , the Cit y shall not be responsible for monitoring Contractor’s
complianc e wit h any Laws or Regulations.
B. If Contractor perfor ms any Wor k knowing or having reason to know tha t it is contrary to Laws or
Regulations , Contractor shall bea r all claims, costs , losses, and da mage s (includin g but not limite d
to all fees and charge s of engineers , architects, attorneys , and othe r professionals and all
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court or arbitratio n or othe r dispute resolutio n c osts) arisin g out of or relatin g to suc h Work.
However, it shall not be Contractor’s responsibilit y to make certain tha t the Specifications and
Drawings are in accordance wit h Laws and Regulations , but this shall not reliev e Contractor of
Contractor’s obligations unde r Paragraph 3.02.
C. Change s in Laws or Regulations not know n at the time of opening of Bid s having an effect on
the cos t or time of perfor manc e of the Wor k ma y be the subjec t of an adjustment in Contract Price
or Contrac t Time.
6.11 Taxes
A. On a contrac t awarded by the City , an organization whic h qualifie s for exe mptio n pursuant to
Texa s Tax Code , Subchapte r H, Sections 151.301-335 (as amended), the Contractor may purchase ,
rent or lease all materials, supplie s and equipment use d or consumed in the performanc e of this
contrac t by issuin g to his supplie r an exe mptio n certificate in lie u of the tax, said exe mptio n
certificate to comply wit h State Comptroller’s Rulin g .007. Any suc h exe mption certificate issued
to the Contractor in lie u of the ta x shall be subjec t to and shall comply wit h the provision of State
Comptroller’s Rulin g .011, and any othe r applicable ruling s pertainin g to the Texa s Tax Code ,
Subchapte r H.
B. Texa s Ta x permit s and infor matio n may be obtaine d from:
1. Comptrolle r of Public Accounts
Sale s Ta x Division
Capito l Station
Austin, TX 78711; or
2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html
6.12 Use o f Site and Other Areas
A. Limitatio n on Use o f Site and Other Areas:
1. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of worker s to the Sit e and othe r areas permitte d by Laws and Regulations , and
shall not unreasonably encumbe r the Sit e and othe r areas wit h construction equipment or othe r
materials or equipment. Contractor shall assume full responsibilit y for any da mage to any suc h
lan d or area, or to the owne r or occupant thereof, or of any adjacent lan d or areas resulting
from the performanc e of the Work.
2. At any time when, in the judgment of the City , the Contractor ha s obstructe d or close d or is
carrying on operations in a portion of a street, right-of-way, or easement greater tha n is
necessary for prope r execution of the Work, the Cit y ma y requir e the Contractor to finis h the
section on whic h operations are in progres s before work is commenced on any additional
area of the Site.
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3. Should any Damage Claim be made by any suc h owne r or occupant because of the perfor manc e
of the Work, Contractor shall promptly atte mpt to resolv e the Damage Claim.
4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City , from and
against all claims , costs , losses, an d damages arisin g out of or relatin g to any clai m or action ,
lega l or equitable, brought by any such owner o r occupant against City.
B. Removal of Debris During Performance o f th e Work : Durin g the progres s of the Work
Contractor shall kee p the Sit e and othe r areas free from accumulation s of waste materials, rubbish ,
and othe r debris . Remova l and disposa l of suc h waste materials, rubbish, and other debris shall
confor m to applicable Laws and Regulations.
C. Site Maintenance Cleaning : 24 hours afte r written notic e is give n to the Contractor tha t the
clean-up on the jo b sit e is proceeding in a manne r unsatisfactor y to the City , if the Contractor fails
to correct the unsatisfactory procedure , the Cit y may take suc h direc t action as the City dee ms
appropriate to correct the clean-up de ficiencie s cite d to the Contractor in the written notic e
(by letter or electronic communication), and the costs of suc h direc t action, plu s 25 % of suc h
costs , shall be deducte d from the monie s due or to become due to the Contractor.
D. Fina l Site Cleaning: Prio r to Fina l Acceptance of the Wor k Contractor shall clean the Sit e and
the Wor k and make it ready for utilizatio n by Cit y or adjacent property owner. At the completion
of the Wor k Contractor shall remove from the Sit e all tools , appliances, construction equipment
and machinery, and surplus materials and shall restore to origina l condition or bette r all property
disturbe d by the Work.
E. Loading Structures: Contractor shall not loa d nor permit any part of any structure to be loaded
in any manne r tha t will endange r the structure , nor shall Contractor subjec t any part of the Work
or adjacent property to stresses or pressure s tha t will endange r it.
6.13 Record Documents
A. Contractor shall maintain in a safe plac e a t the Sit e or in a plac e designate d by the Contractor and
approve d by the City , one (1) record copy of all Drawings , Specifications, Addenda , Change
Orders, Field Orders, and written interpretations and clarification s in good orde r and annotate d to
show change s made during construction. Thes e record documents togethe r wit h all approved
Sa mple s and a counterpart of all accepted Submittals will be available to Cit y for reference. Upon
completio n of the Work, thes e record documents , any operation and maintenanc e manuals, and
Submittals will be delivere d to Cit y prio r to Fina l Inspection. Contractor shall include accurate
location s for burie d and imbedde d ite ms.
6.14 Safety and Protection
A. Contractor shall be solely responsible for initiating , maintainin g and supervising all safety
precautions and progra ms in connection wit h the Work. Suc h responsibilit y doe s not relieve
Subcontractors of their responsibilit y for the safety of persons or property in the performanc e of
their work, nor for complianc e wit h applicable safety Laws and Regulations . Contractor shall
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take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent da mage , injur y or los s to:
1. all persons on the Sit e or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporate d therein, whethe r in storage on
or off the Site ; and
3. othe r property at the Sit e or adjacent thereto, includin g trees, shrubs , lawns , walks,
pave ments , roadways , structures , utilities , and Underground Facilitie s not designate d for
removal, relocation, or replacement in the cours e of construction.
B. Contractor shall comply wit h all applicable Law s and Regulations relatin g to the safety of
persons or property, or to the protection of persons or property from da mage , injury , or loss ; and
shall erect and maintain all necessary safeguards for suc h safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilitie s and othe r utilit y owners when
prosecution of the Work may affect the m, and shall cooperate wit h the m in the protection,
removal, relocation, and replacement of their property.
C. Contractor shall comply wit h the applicable require ments of City’s safety progra ms, if any.
D. Contractor shall inform Cit y of the specific requirements of Contractor’s safety progra m, if any,
wit h whic h City’s e mployee s and representatives mus t comply while at the Site.
E. All da mage , injury , or los s to any propert y referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused,
directly or indirectly , in whole or in part, by Contractor, any Subcontractor , Supplier , or any othe r
individua l or entit y directly or indirectly employe d by any of the m to per for m any of the Work, or
anyone for whos e acts any of the m ma y be liable , shall be remedie d by Contractor.
F. Contractor’s dutie s and responsibilitie s for safety and for protection of the Wor k shall continue
until suc h time as all the Work is complete d and Cit y ha s accepted the Work.
6.15 Safety Representative
Contractor shall inform Cit y in writin g of Contrac tor’s designate d safety representative at the Site.
6.16 Hazard Communicatio n Programs
Contractor shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communicatio n informatio n require d to be made available to or exchange d between or among
employer s in accordance wit h Laws or Regulations.
6.17 Emergencies and/or Rectification
A. In e mergencies affecting the safety or protection of persons or the Wor k or property at the Sit e or
adjacent thereto, Contractor is obligate d to act to prevent threatened da mage , injury , or loss.
Contractor shall giv e Cit y prompt written notice if Contractor believe s tha t any significant
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change s in the Wor k or variation s from the Contrac t Documents have bee n caused thereby or are
require d a s a result thereof. If Cit y determine s tha t a change in the Contrac t Documents is require d
because of the action take n by Contractor in respons e to suc h an emergency, a Change Orde r may
be issued.
B. Should the Contractor fail to respond to a reques t from the Cit y to rectify any discrepancies,
omissions , or correction necessary to conform wit h the require ments of the Contrac t Documents,
the Cit y shall giv e the Contractor writte n notic e that suc h work or change s are to be per formed.
The writte n notic e shall direc t attention to the discrepant condition and reques t the Contractor to
take remedia l action to correc t the condition. In the event the Contractor doe s not take positive
steps to fulfill this writte n request, or doe s not show jus t cause for not takin g the prope r action,
within 24 hours , the Cit y may take suc h remedia l action wit h Cit y forces or by contract. The City
shall deduc t an amount equa l to the entir e costs for suc h remedia l action, plu s 25%, from any
funds due or become due the Contractor on the Project.
6.18 Submittals
A. Contractor shall submit require d Submittals to Cit y for revie w and acceptance in accordance
wit h the accepted Schedule of Submittals (a s require d by Paragraph 2.07). Each submitta l will be
identifie d as Cit y may require.
1. Submit numbe r of copie s specifie d in the General Require ments.
2. Data show n on the Submittals will be complet e wit h respect to quantities , dimensions, specifie d
performanc e and desig n criteria , materials, and simila r data to show Cit y the services,
materials, and equipment Contractor propose s to provide and to enable Cit y to revie w the
informatio n for the limite d purpose s require d by Paragraph 6.18.C.
3. Submittals submitted as herein provide d by Contractor and reviewed by Cit y for
conformanc e wit h the desig n concept shall be executed in confor mit y wit h the Contract
Documents unles s otherwis e require d by City.
4. Whe n Submittals are submitte d for the purpos e of showing the installatio n in greater detail,
their revie w shall not excus e Contractor from require ments show n on the Drawings and
Specifications.
5. For-Infor mation -Only submittals upon whic h the Cit y is not expected to conduc t revie w or
take responsive action ma y be so identifie d in the Contrac t Documents.
6. Submit require d numbe r of Sa mple s specifie d in the Specifications.
7. Clearly identif y each Sa mple as to material, Supplier , pertinent data suc h as catalog numbers,
the us e for whic h intende d and othe r data as Cit y may requir e to enable Cit y to revie w the
submitta l for the limite d purpose s require d by Paragraph 6.18.C.
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B. Wher e a Submitta l is require d by the Contrac t Documents or the Schedule of Submittals , any
related Wor k perfor me d prio r to City’s revie w and acceptance of the pertinent submitta l will be
at the sole expens e and responsibilit y of Contractor.
C. City’s Review:
1. Cit y will provide timely revie w of require d Submittals in accordance wit h the Schedule of
Submittals acceptable to City . City’s revie w and acceptance will be only to determin e if the
ite ms covere d by the submittals will, after inst allatio n or incorporation in the Work, conform
to the in for matio n give n in the Contrac t Documents and be compatible wit h the design concept
of the complete d Projec t as a functionin g whole as indicate d by the Contract Documents.
2. City’s revie w and acceptance will not extend to means, methods , techniques , sequences, or
procedure s of construction (except wher e a particula r means, method, technique , sequence,
or procedure of construction is specifically and expressly calle d for by the Contract
Documents ) or to safety precautions or progra ms inciden t thereto. The revie w and acceptance
of a separate ite m as suc h will not indicat e approva l of the assembly in whic h the item
functions.
3. City’s revie w and acceptance shall not relieve Contractor from responsibilit y for any
variatio n from the require ments of the Contrac t Documents unles s Contractor ha s complied
wit h the require ments of Section 01 33 00 and Cit y ha s give n writte n acceptance of each
suc h variatio n by specific writte n notation thereof incorporate d in or accompanying the
Submittal. City’s revie w and acceptance shall not reliev e Contractor from responsibilit y for
complyin g wit h the require ments of the Contrac t Documents.
6.19 Continuing th e Work
Except as otherwis e provided, Contractor shall carry on the Wor k and adhere to the Projec t Schedule
during all dispute s or disagree ments wit h City. No Wor k shall be delaye d or postpone d pending
resolutio n of any dispute s or disagree ments , except a s Cit y and Contractor ma y otherwis e agre e in
writing.
6.20 Contractor’s General Warranty and Guarantee
A. Contractor warrants and guarantee s to Cit y tha t all Wor k will be in accordance wit h the Contract
Documents and will not be de fective. Cit y and it s officers, directors , me mbers , partners,
employees , agents , consultants , and subcontractors shall be entitle d to rely on representation of
Contractor’s warranty and guarantee.
B. Contractor’s warranty and guarante e hereunde r exclude s defects or da mage caused by:
1. abuse , modification , or imprope r maintenanc e or operation by persons othe r tha n Contractor,
Subcontractors , Suppliers , or any othe r individua l or entit y for whom Contractor is
responsible ; or
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2. nor mal wear and tea r unde r nor ma l usage.
C. Contractor’s obligatio n to perfor m and complet e the Work in accordanc e wit h the Contract
Documents shall be absolute . None of the followin g will constitute an acceptance of Work tha t is
not in accordance wit h the Contrac t Documents or a release of Contractor’s obligatio n to perform
the Work in accordance wit h the Contrac t Documents:
1. observations by City;
2. recommendation or payment by Cit y of any progres s or fina l payment;
3. the issuanc e of a certificate of Fina l Acceptance by Cit y or any payment related thereto by
City;
4. us e or occupanc y of the Wor k or any part thereof by City;
5. any revie w and acceptance of a Submitta l by City;
6. any inspection, test, or approva l by others ; or
7. any correction of defective Wor k by City.
D. The Contractor shall remedy any defects or da mage s in the Work and pa y for any da mage to
othe r work or property resultin g therefrom whic h shall appea r within a perio d of two (2) years
from the date of Fina l Acceptance of the Wor k unles s a longe r perio d is specifie d and shall furnis h
a good and sufficien t maintenanc e bond, complyin g wit h the require ments of Article
5.02.B. The Cit y will giv e notic e of observed defects wit h reasonable promptness.
6.21 Indemnification
A. Contracto r covenants and agree s to indemnify, hold harmles s and defend, at its o wn
expense , the City, its officers , servants and employees , fro m and agains t any and all claims
arising out of, o r allege d to aris e out of, the work and service s to be performe d by the
Contractor, its officers , agents , employees , subcontractors, licenses or invitee s unde r this
Contract . THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO
OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL
OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN
PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity
provisio n is intende d to include , without limitation, indemnit y fo r costs, expense s and legal
fee s incurre d by the City in defending agains t suc h claims and cause s o f actions.
B. Contracto r covenants and agree s to indemnify and hold harmless , at its o wn expense, the City,
its officers , servant s and employees , fro m and agains t any and all loss , damag e or destruction
of propert y o f the City, arising out of, o r allege d to aris e out of, the work and service s to be
performe d by the Contractor, its officers , agents , employees , subcontractors, licensee s or
invitee s unde r this Contract . THIS INDEMNIFICATION PROVISION IS
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SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS
ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT
WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR
NEGLIGENCE OF THE CITY.
6.22 Delegatio n of Professional Design Services
A. Contractor will not be require d to provide professiona l desig n services unles s suc h services are
specifically require d by the Contrac t Documents for a portion of the Work or unles s such service s
are require d to carry out Contractor’s responsibilitie s for construction means, methods, techniques ,
sequence s and procedures.
B. If professiona l desig n services or certifications by a desig n professiona l related to systems,
materials or equipment are specifically require d of Contractor by the Contrac t Documents , City
will specify all per formanc e and desig n criteria tha t suc h services mus t satis fy. Contractor shall
cause suc h services or certifications to be provide d by a properly license d professional, whose
signatur e and seal shall appea r on all drawings , calculations, specifications, certifications, and
Submittals prepare d by suc h professional. Submittals related to the Wor k designe d or certifie d by
suc h professional, if prepare d by others , shall bea r suc h professional’s writte n approva l when
submitte d to City.
C. Cit y shall be entitle d to rely upon the adequa cy, accuracy and completeness of the services,
certifications or approvals perfor med by suc h desig n professionals , provide d Cit y ha s specified
to Contractor perfor manc e and desig n criteria tha t suc h services mus t satisfy.
D. Pursuant to this Paragraph 6.22, City’s revie w and acceptance of desig n calculations and design
drawings will be only for the limite d purpos e of checking for confor manc e wit h perfor manc e and
desig n criteria give n and the desig n concept expresse d in the Contrac t Documents . City’s review
and acceptance of Submittals (except desig n calculation s and desig n drawings ) will be only for
the purpos e state d in Paragraph 6.18.C.
6.23 Righ t to Audit
A. The Contractor agrees tha t the Cit y shall, until the expiratio n of thre e (3) years after final
payment unde r this Contract, have access to and the righ t to exa min e and photocopy any directly
pertinent books , documents , papers , and records of the Contractor involving transactions relating
to this Contract. Contractor agrees tha t the Cit y shall have access during Regula r Working Hours
to all necessary Contractor facilitie s and shall be provide d adequate and appropriate wor k space
in orde r to conduc t audits in complianc e wit h the provisions of this Paragraph. The Cit y shall
giv e Contractor reasonable advanc e notic e of intende d audits.
B. Contractor furthe r agrees to includ e in all it s subcontracts hereunde r a provision to the effect that
the subcontractor agrees tha t the Cit y shall, until the expiratio n of thre e (3) years after final
payment unde r this Contract, have access to and the righ t to exa min e and photocopy any directly
pertinent books , documents , papers , and records of suc h Subcontractor, involving transactions to
the subcontract, and further , tha t Cit y shall have access during Regula r Working Hours to all
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Subcontractor facilities , and shall be provide d adequate and appropriate work spac e in orde r to
conduc t audit s in complianc e wit h the provisions of this Paragraph. The Cit y shall give
Subcontractor reasonable advanc e notic e of intende d audits.
C. Contractor and Subcontractor agre e to photocopy suc h document s as may be requeste d by the City.
The Cit y agrees to reimburs e Contractor for the cos t of the copie s as follow s at the rate publishe d
in the Texa s Administrativ e Code in effec t as of the time copying is performed.
6.24 Nondiscrimination
A. The Cit y is responsible for operating Public Transportation Progra ms and imple mentin g transit -
related projects , whic h are funde d in par t wit h Federal financia l assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administratio n (FTA), without
discriminatin g agains t any person in the Unite d States on the basis of race, color , or national origin.
B. Title VI, Civil Rights Ac t of 1964 as amended: Contractor shall comply wit h the require ments of
the Act and the Regulations as furthe r define d in the Supple mentary Conditions for any project
receiving Federal assistance.
ARTICLE 7 – OTHER WOR K AT THE SITE
7.01 Related Wor k at Site
A. Cit y ma y perfor m othe r wor k related to the Projec t at the Sit e wit h City’s e mployees , or other
Cit y contractors , or through othe r direc t contracts therefor , or have othe r work perfor me d by utilit y
owners . If suc h othe r wor k is not note d in the Contrac t Documents , the n writte n notice thereof
will be give n to Contractor prio r to starting any suc h othe r work; and
B. Contractor shall afford each othe r contractor who is a party to suc h a direc t contract, each utility
owner , and City , if Cit y is perfor min g othe r wor k wit h City’s e mployee s or othe r City contractors ,
prope r and safe access to the Site , provide a reasonable opportunity for the introduction and storage
of materials and equipment and the execution of suc h othe r work, and properly coordinate the
Work wit h theirs . Contractor shall do all cutting, fitting , and patching of the Work tha t may be
require d to properly connec t or otherwis e make it s several parts come togethe r and properly
integrate wit h suc h othe r work. Contractor shall not endange r any wor k of others by cutting ,
excavating, or otherwis e alterin g suc h work; provided, however, that Contractor may cut or alte r
others ' wor k wit h the writte n consent of Cit y and the other s whose wor k will be affected.
C. If the prope r execution or result s of any par t of Contractor’s Wor k depends upon wor k perfor med
by other s unde r this Article 7, Contractor shall inspec t suc h othe r wor k and promptly repor t to
Cit y in writin g any delays , defects, or deficiencies in suc h othe r work tha t rende r it unavailable
or unsuitable for the prope r execution and result s of Contractor’s Work. Contractor’s failur e to so
repor t will constitute an acceptance of suc h othe r wor k as fit and prope r for integratio n with
Contractor’s Wor k except for latent defects in the wor k provide d by others.
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7.02 Coordination
A. If Cit y intends to contrac t wit h other s for the perfor manc e of othe r work on the Projec t at the
Site , the followin g will be set forth in Supple mentary Conditions:
1. the individua l or entit y who will have authorit y and responsibilit y for coordination of the
activitie s among the various contractor s will be identified;
2. the specific matters to be covere d by suc h authority and responsibilit y will be ite mized ; and
3. the extent of suc h authority and responsibilitie s will be provided.
B. Unles s otherwis e provide d in the Supple mentary Conditions , Cit y shall have authority for such
coordination.
ARTICLE 8 – CITY’S RESPONSIBILITIES 8.01 Communications to Contractor
Except as otherwis e provide d in the Supple mentary Conditions , Cit y shall issue all communications
to Contractor.
8.02 Furnish Data
Cit y shall timely furnis h the dat a require d unde r the Contrac t Documents.
8.03 Pa y Whe n Due
Cit y shall make payments to Contractor in accordance wit h Article 14.
8.04 Lands and Easements; Report s an d Tests
City’s dutie s wit h respect to providing land s and easements and providing engineering surveys to
establis h reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City’s
identifyin g and makin g available to Contractor copie s of reports of explorations and tests of subsurface
conditions and drawings of physica l conditions relatin g to existin g surface or subsurface structure s at
or contiguous to the Sit e tha t have bee n utilize d by Cit y in preparing the Contract Documents.
8.05 Change Orders
Cit y shall execute Change Orders in accordance wit h Paragraph 10.03.
8.06 Inspections, Tests, and Approvals
City’s responsibilit y wit h respect to certain inspections , tests, and approvals is set forth in Paragraph
13.03.
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8.07 Limitation s o n City’s Responsibilities
A. The Cit y shall not supervise , direct, or have control or authority over , nor be responsible for,
Contractor’s means, methods , techniques , sequence s, or procedure s of construction, or the safety
precautions and progra ms inciden t thereto, or for any failur e of Contractor to comply wit h Laws
and Regulations applicable to the perfor manc e of the Work. Cit y will not be responsible for
Contractor’s failur e to perfor m the Wor k in accordance wit h the Contrac t Documents.
B. Cit y will notif y the Contractor of applica ble safety plan s pursuant to Paragraph 6.14.
8.08 Undisclosed Hazardous Environmental Condition
City’s responsibilit y wit h respect to an undisclos ed Hazardous Environmenta l Condition is set forth
in Paragraph 4.06.
8.09 Compliance with Safety Program
While a t the Site , City’s e mployee s and representative s shall comply wit h the specific applicable
require ments of Contractor’s safety progra ms of whic h Cit y ha s bee n in for med pursuant to
Paragraph 6.14.
ARTICLE 9 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City’s Projec t Manager
Cit y will provide one or more Projec t Manager(s) during the construction period. The duties and
responsibilitie s and the limitation s of authority of City’s Project Manager during construction are set
forth in the Contrac t Documents . The City’s Project Manager for this Contract is identified in the
Supplementary Conditions .
9.02 Visits to Site
A. City’s Projec t Manager will make visit s to the Sit e at intervals appropriate to the various stages
of construction as Cit y dee ms necessary in orde r to observe the progres s tha t ha s been made and
the qualit y of the various aspects of Contractor’s executed Work. Based on informatio n
obtaine d during suc h visit s and observations , City’s Projec t Manager will deter mine , in general, if
the Wor k is procee din g in accordance wit h the Contrac t Documents. City’s Projec t Manager will
not be require d to make exhaustive or continuous inspections on the Sit e to check the qualit y or
quantit y of the Work. City’s Projec t Manager’s efforts will be directed towar d providing Cit y a
greater degre e of confidenc e tha t the complete d Work will confor m generally to the Contrac t
Documents.
B. City’s Projec t Manager’s visit s and observations are subjec t to all the limitation s on authority and
responsibilit y in the Contrac t Documents includin g thos e set forth in Paragraph
8.07.
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9.03 Authorized Variation s in Work
City’s Projec t Manager may authorize mino r variation s in the Wor k from the require ments of the
Contrac t Documents whic h do not involve an adjustment in the Contrac t Pric e or the Contract Time
and are compatible wit h the desig n concept of the complete d Projec t as a functioning whole as
indicate d by the Contrac t Documents . Thes e may be accomplishe d by a Field Orde r and will be
binding on Cit y and als o on Contractor , who shall perform the Work involve d promptly.
9.04 Rejectin g Defective Work
Cit y will have authority to reject Wor k whic h Cit y’s Projec t Manager believe s to be de fective, or will
not produc e a complete d Projec t tha t confor ms to the Contrac t Documents or tha t will prejudic e the
integrit y of the desig n concept of the complete d Projec t as a functioning whole as indicated by the
Contrac t Documents . Cit y will have authority to conduc t special inspectio n or testing of the Work as
provide d in Article 13, whethe r or not the Wor k is fabricated, installed , or completed.
9.05 Determination s fo r Wor k Performed
Contractor will determin e the actual quantitie s and classification s of Wor k per for med. City’s Project
Manager will revie w wit h Contractor the preliminar y determination s on suc h matters be fore rendering
a writte n recommendation. City’s writte n decisio n will be fina l (except as modifie d to reflect change d
factual conditions or mor e accurate data).
9.06 Decision s on Requirements o f Contrac t Documents and Acceptability of Work
A. Cit y will be the initia l interpret er of the require ments of the Contract Documents and judge of the
acceptability of the Wor k thereunder.
B. Cit y will rende r a written decisio n on any issue referred.
C. City’s writte n decisio n on the issue referred will be fina l and binding on the Contractor, subject
to the provisions of Paragraph 10.06.
ARTICLE 10 – CHANGES IN THE WORK ; CLAIMS; EXTRA WORK 10.01 Authorize d Changes in th e Work
A. Without invalidatin g the Contrac t and without notic e to any surety, Cit y may, at any time or from
time to time, orde r Extra Work. Upon notic e of suc h Extra Work, Contractor shall promptly
procee d wit h the Work involve d whic h will be performed unde r the applicable conditions of the
Contrac t Documents (except as otherwis e specifically provided). Extra Work shall be
memorialize d by a Change Orde r whic h ma y or ma y not precede an orde r of Extra work.
B. For mino r change s of Work not requirin g change s to Contrac t Time or Contrac t Price , a Field
Orde r may be issued by the City.
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10.02 Unauthorized Change s in th e Work
Contractor shall not be entitle d to an increase in the Contrac t Pric e or an extension of the Contract
Time wit h respect to any wor k perfor med tha t is not require d by the Contrac t Documents as amended,
modified , or supple mente d as provide d in Paragraph 3.04, except in the case of an e mergenc y as
provide d in Paragraph 6.17.
10.03 Executio n o f Change Orders
A. Cit y and Contractor shall execute appropriate Change Order s covering:
1. change s in the Wor k whic h are : (i) ordere d by Cit y pursuant to Paragraph 10.01.A , (ii) require d
because of acceptance of defective Work unde r Paragraph 13.08 or City’s correction of
defective Wor k unde r Paragraph 13.09, or (iii) agreed to by the parties;
2. change s in the Contrac t Pric e or Contrac t Time whic h are agreed to by the parties, including
any undispute d sum or a mount of time for Wor k actually performed.
10.04 Extra Work
A. Should a difference aris e as to wha t doe s or doe s not constitute Extra Work, or as to the payment
thereof , and the Cit y insist s upon it s performance, the Contractor shall procee d wit h the work afte r
makin g written reques t for writte n order s and shall kee p accurate account of the actual reasonable
cos t thereof. Contrac t Claims regardin g Extra Wor k shall be made pursuant to Paragraph 10.06.
B. The Contractor shall furnis h the Cit y suc h installa tio n records of all deviations from the original
Contrac t Documents as may be necessary to enable the Cit y to prepare for per manent record a
corrected set of plan s showing the actual installation.
C. The compensation agreed upon for Extra Work whethe r or not initiate d by a Change Orde r shall
be a full, complet e and fina l payment for all costs Contractor incur s as a result or relatin g to the
change or Extra Work, whethe r said costs are known, unknown, foreseen or unforesee n at that
time, includin g without limitation , any costs for delay , extende d overhead, ripple or impac t cost,
or any othe r effect on change d or unchange d wor k as a result of the change or Extra Work.
10.05 Notificatio n to Surety
If the provisions of any bond requir e notic e to be give n to a surety of any change affecting the genera l
scope of the Wor k or the provisions of the Contrac t Documents (including , but not limited to,
Contrac t Pric e or Contrac t Time), the givin g of any suc h notic e will be Contractor’s responsibility .
The amount of each applicable bond will be adjuste d by the Contractor to reflec t the effect of any
suc h change.
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10.06 Contract Claims Process
A. City’s Decisio n Required : All Contrac t Claims, except thos e waive d pursuant to Paragraph
14.09, shall be referred to the Cit y for decision. A decisio n by Cit y shall be require d as a conditio n
precedent to any exercise by Contractor of any rights or remedie s he may otherwise have unde r
the Contrac t Documents or by Laws and Regulations in respect of suc h Contract Claims.
B. Notice:
1. Writte n notic e stating the genera l natur e of each Contrac t Claim shall be delivere d by the
Contractor to Cit y no late r tha n 15 days afte r the start of the event givin g ris e thereto. The
responsibilit y to substantiate a Contrac t Claim shall rest wit h the part y makin g the Contract
Claim.
2. Notic e of the amount or extent of the Contrac t Claim, wit h supporting data shall be delivered
to the Cit y on or before 45 days from the start of the event givin g ris e thereto (unles s the City
allow s additiona l time for Contractor to submit additiona l or mor e accurate data in suppor t of
suc h Contrac t Claim).
3. A Contrac t Claim for an adjustment in Contrac t Pric e shall be prepare d in accordance with
the provisions of Paragraph 12.01.
4. A Contrac t Claim for an adjustment in Contrac t Time shall be prepare d in accordance with
the provisions of Paragraph 12.02.
5. Eac h Contrac t Claim shall be accompanie d by Contractor’s written state ment tha t the
adjustment claimed is the entir e adjustment to whic h the Contractor believe s it is entitle d as a
result of said event.
6. The Cit y shall submit any respons e to the Contractor within 30 days after receipt of the
claimant’s las t submittal (unles s Contrac t allow s additiona l time).
C. City’s Actio n: Cit y will revie w each Contrac t Claim and, within 30 days afte r receipt of the last
submitta l of the Contractor, if any, take one of the followin g actions in writing:
1. deny the Contrac t Claim in whole or in part;
2. approve the Contrac t Claim; or
3. notify the Contractor tha t the Cit y is unable to resolv e the Contrac t Claim if, in the City’s
sole discretion , it would be inappropriate for the Cit y to do so. For purpose s of further
resolutio n of the Contrac t Claim, suc h notic e shall be dee med a denial.
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D. City’s written action unde r Paragraph 10.06.C will be fina l and binding, unles s Cit y or
Contractor invoke the dispute resolutio n procedur e set forth in Article 16 within 30 days of such
action or denial.
E. No Contrac t Claim for an adjustment in Contrac t Pric e or Contrac t Time will be valid if not
submitte d in accordance wit h this Paragraph 10.06.
ARTICLE 1 1 – COST O F THE WORK ; ALLOWANCES; UNI T PRICE WORK ; PLANS
QUANTITY MEASUREMENT
11.01 Cost of th e Work
A. Costs Included: The term Cos t of the Work means the sum of all costs , except thos e exclude d in
Paragraph 11.01.B , necessarily incurre d and paid by Contractor in the prope r perfor manc e of the
Work. Whe n the valu e of any Wor k covere d by a Change Order , the costs to be reimburse d to
Contractor will be only thos e additiona l or incre menta l cost s require d because of the change in th e
Work. Suc h costs shall not includ e any of the costs ite mize d in Paragraph 11.01.B, and shall
includ e but not be limite d to the followin g ite ms:
1. Payroll cost s for e mployee s in the direc t e mploy of Contractor in the perfor manc e of the
Work unde r schedule s of jo b classification s agreed upon by Cit y and Contractor . Such
employee s shall include , without limitation , superintendents , foremen, and othe r personnel
employe d full time on the Work. Payroll costs for employee s not employe d full time on the
Work shall be apportione d on the basis of their time spent on the Work. Payroll costs shall
include;
a. salarie s wit h a 55% markup, or
b. salarie s and wage s plu s the cos t of fringe benefits , whic h shall includ e socia l security
contributions , une mployment, excise, and payroll taxes, workers ’ compensation, health
and retirement benefits , bonuses , sic k leave, vacation and holida y pa y applicable thereto.
The expense s of perfor min g Wor k outside of Regula r Working Hours , Weekend
Working Hours , or lega l holidays , shall be include d in the above to the extent authorized
by City.
2. Cos t of all materials and equipment furnishe d and incorporate d in the Work, includin g costs
of transportation and storage thereof , and Suppliers ’ field services require d in connection
therewith.
3. Rentals of all construction equipment and machinery, and the part s thereof whethe r rented
from Contractor or other s in accordance wit h renta l agreements approve d by City , and the
costs of transportation, loading, unloading, assembly , dis mantling , and remova l thereof . All
suc h costs shall be in accordance wit h the terms of said renta l agreements . The renta l of any
suc h equipment, machinery, or parts shall cease whe n the us e thereof is no longe r necessary
for the Work.
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4. Payments made by Contractor to Subcontractors for Wor k perfor med by Subcontractors . If
require d by City , Contractor shall obtain competitiv e bid s from subcontractors acceptable to
Cit y and Contractor and shall delive r suc h bid s to City , who will the n determine , whic h bids,
if any, will be acceptable. If any subcontrac t provide s tha t the Subcontractor is to be paid on
the basis of Cos t of the Work plu s a fee, the Subcontractor’s Cos t of the Wor k and fee shall
be determine d in the same manne r as Contractor’s Cos t of the Wor k and fee a s provide d in
this Paragraph 11.01.
5. Costs of special consultants (includin g but not limite d to engineers , architects, testing
laboratories , surveyors , attorneys , and accounta nts) employe d for services specifically related
to the Work.
6. Supple menta l costs includin g the following:
a. The proportion of necessary transportation, travel, and subsistenc e expense s of
Contractor’s employee s incurre d in discharge of dutie s connecte d wit h the Work.
b. Cost, includin g transportation and maintenance, of all materials, supplies , equipment,
machinery, appliances, office , and temporary facilitie s at the Site , and hand tools not
owne d by the workers , whic h are consumed in the perfor manc e of the Work, and cost, less
marke t value , of suc h ite ms use d but not consume d whic h remain the property of
Contractor.
c. Sales, consumer, use , and othe r simila r taxe s related to the Work, and for which
Contractor is liable not covere d unde r Paragraph 6.11, as impose d by Laws and
Regulations.
d. Deposits los t for causes othe r tha n negligenc e of Contractor, any Subcontractor , or
anyone directly or indirectly employe d by any of the m or for whos e acts any of the m may
be liable , and royalt y payments and fees for per mit s and licenses.
e. Losses and da mage s (and related expenses ) caused by da mage to the Work, not
compensate d by insuranc e or otherwise , sus taine d by Contractor in connection wit h the
performanc e of the Work, provide d suc h losses and da mage s have resulte d from causes
othe r tha n the negligenc e of Contractor , any Subcontractor , or anyone directly or indirectly
employe d by any of the m or for whos e acts any of the m may be liable . Such losse s shall
includ e settlements made wit h the writte n consent and approva l of City . No suc h losses,
da mages, and expense s shall be include d in the Cos t of the Wor k for the purpos e of
determinin g Contractor’s fee.
f. The cos t of utilities , fuel, and sanitary facilitie s at the Site.
g. Mino r expense s suc h as telegrams, lon g distanc e telephone calls , telephone and
communicatio n services at the Site , expres s and courie r services, and simila r petty cash
ite ms in connection wit h the Work.
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h. The costs of pre miu ms for all bonds and insuranc e Contractor is require d by the Contract
Documents to purchas e and maintain.
B. Costs Excluded : The term Cos t of the Wor k shall not includ e any of the followin g ite ms:
1. Payroll costs and othe r compensation of Contractor’s officers, executives, principals (of
partnerships and sole proprietorships), genera l managers, safety managers, engineers,
architects, estimators , attorneys , auditors , accountants , purchasing and contracting agents,
expediters , timekeepers, clerks, and othe r personne l employe d by Contractor , whethe r a t the
Sit e or in Contractor’s principa l or branc h offic e for genera l administratio n of the Work and
not specifically include d in the agreed upon schedule of jo b classification s referre d to in
Paragraph 11.01.A.1 or specifically covere d by Paragraph 11.01.A.4, all of whic h are to be
considere d administrativ e costs covere d by the Contractor’s fee.
2. Expense s of Contractor’s principa l and branc h offices othe r tha n Contractor’s office a t the
Site.
3. Any par t of Contractor’s capital expenses , includin g interest on Contractor’s capital
employe d for the Work and charge s agains t Contractor for delinquent payments.
4. Costs due to the negligenc e of Contractor , any Subcontractor, or anyone directly or indirectly
employe d by any of the m or for whos e acts any of the m ma y be liable , includin g but not
limite d to, the correction of defective Work, disposa l of materials or equipment wrongly
supplied, and makin g good any da mage to property.
5. Othe r overhea d or genera l expens e costs of any kind.
C. Contractor’s Fee : Whe n all the Wor k is perfor med on the basis of cost-plus , Contractor’s fee
shall be determine d as set forth in the Agree ment. Whe n the valu e of any Wor k covere d by a
Change Orde r for an adjustment in Contrac t P ric e is determine d on the basis of Cos t of the
Work, Contractor’s fee shall be determine d as set forth in Paragraph 12.01.C.
D. Documentation: Wheneve r the Cos t of the Wor k for any purpos e is to be determine d pursuant to
Paragraphs 11.01.A and 11.01.B , Contractor will establis h and maintain records thereof in
accordance wit h generally accepted accounting practices and submit in a for m acceptable to City
an ite mize d cos t breakdow n togethe r wit h supporting data.
11.02 Allowances
A. Specifie d Allowance: It is understood tha t Contractor ha s include d in the Contrac t Pric e all
allowances so na med in the Contrac t Documents and shall cause the Wor k so covere d to be
per formed for suc h sums and by suc h persons or entitie s as may be acceptable to City.
B. Pre-bid Allowances:
1. Contractor agrees that:
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a. the pre -bid allowances includ e the cos t to Contractor of materials and equipment required
by the allowances to be delivere d at the Site , and all applicable taxes; and
b. Contractor’s costs for unloading and handling on the Site , labor, installation , overhead,
profit, and othe r expense s conte mplate d for the pre -bid allowances have bee n include d in
the allowances, and no de mand for additiona l payment on account of any of the
foregoing will be valid.
C. Contingency Allowance : Contractor agrees tha t a contingenc y allowance, if any, is for the sole us e
of City.
D. Prio r to fina l payment, an appropriate Change Orde r will be issued to reflect actual amounts due
Contractor on account of Work covere d by allowances, and the Contrac t Pric e shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Wher e the Contrac t Documents provide tha t all or par t of the Wor k is to be Unit Pric e Work,
initiall y the Contrac t Pric e will be dee med to includ e for all Unit Pric e Work a n a mount equa l to
the sum of the unit pric e for each separately identifie d ite m of Unit Pric e Wor k times the estimate d
quantity of each ite m as indicate d in the Agree ment.
B. The estimated quantitie s of ite ms of Unit Pric e Work are not guarantee d and are solely for the
purpos e of compariso n of Bid s and determinin g an initia l Contrac t Price . Determination s of the
actual quantitie s and classification s of Unit Pric e Wor k perfor med by Contractor will be made by
Cit y subjec t to the provisions of Paragraph 9.05.
C. Each unit pric e will be dee med to includ e an amount considere d by Contractor to be adequate to
cove r Contractor’s overhea d and profit for each separately identifie d ite m. Work describe d in the
Contrac t Documents , or reasonably inferred as require d for a functionally complet e installation,
but not identifie d in the listin g of unit pric e ite ms shall be considere d incidenta l to unit price work
liste d and the cos t of incidenta l wor k include d as part of the unit price.
D. Cit y may make an adjustment in the Contrac t Pric e in accordance wit h Paragraph 12.01 if:
1. the quantity of any ite m of Unit Pric e Wor k perfor med by Contractor differs materially and
significantly from the estimate d quantity of suc h ite m indicate d in the Agree ment; and
2. there is no corresponding adjustment wit h respect to any othe r ite m of Work.
E. Increased o r Decreased Quantities: The Cit y reserves the righ t to orde r Extra Wor k in
accordance wit h Paragraph 10.01.
1. If the change s in quantitie s or the alterations do not significantly change the character of
work unde r the Contrac t Documents , the altered wor k will be paid for at the Contrac t unit
price.
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2. If the change s in quantitie s or alterations significantly change the character of work, the
Contrac t will be a mende d by a Change Order.
3. If no unit price s exist , this will be considere d Extra Work and the Contrac t will be amended
by a Change Orde r in accordance wit h Article 12.
4. A significan t change in the character of wor k occurs when:
a. the character of wor k for any Item as altered differs materially in kin d or natur e from that
in the Contrac t or
b. a Majo r Ite m of work varie s by mor e tha n 25% from the origina l Contrac t quantity.
5. Whe n the quantity of wor k to be done unde r any Majo r Ite m of the Contrac t is mor e than
125% of the origina l quantity sta ted in the Contract , the n eithe r party to the Contrac t may
reques t an adjustment to the unit pric e on the portion of the wor k tha t is above 125%.
6. Whe n the quantity of work to be done unde r any Majo r Ite m of the Contrac t is les s tha n 75%
of the origina l quantity state d in the Contract, the n eithe r party to the Contrac t may request
an adjustment to the unit price.
11.04 Plan s Quantity Measurement
A. Plan s quantitie s may or may not represent the exact quantity of work perfor med or material moved ,
handled, or placed during the execution of the Contract. The estimate d bid quantitie s are
designate d as fina l payment quantities , unles s revise d by the governing Section or this Article.
B. If the quantity measured as outline d unde r “Pric e and Payment Procedures ” varie s by mor e than
25% (or as stipulate d unde r “Pric e and Payment P rocedures ” for specific Items) from the total
estimated quantity for an individua l Item originally show n in the Contrac t Documents , an
adjustment may be made to the quantity of authorize d work done for payment purposes . The party
to the Contrac t requesting the adjustment will provide field measurements and calculations
showing the fina l quantity for whic h payment will be made . Payment for revise d quantity will be
made at the unit pric e bid for tha t Ite m, except as provide d for in Article 10.
C. Whe n quantitie s are revise d by a change in desig n approve d by the City , by Change Order, or to
correct an error, or to correct an error on the plans , the plan s quantity will be increased or decreased
by the amount involve d in the change , and the 25% varianc e will apply to the new plans quantity.
D. If the total Contrac t quantity multiplie d by the unit pric e bid for an individua l Item is les s than
$250 and the Ite m is not originally a plan s quantity Ite m, the n the Ite m may be paid as a plans
quantity Ite m if the Cit y and Contractor agre e in writin g to fix the fina l quantity as a plans quantity.
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E. For callou t wor k or non-sit e specific Contracts , the plan s quantity measurement require ments are
not applicable.
ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE O F CONTRACT TIME
12.01 Change o f Contrac t Price
A. The Contrac t Pric e may only be change d by a Change Order.
B. The valu e of any Work covere d by a Change Orde r will be determine d as follows:
1. wher e the Wor k involve d is covere d by unit price s containe d in the Contrac t Documents , by
applicatio n of suc h unit price s to the quantitie s of the ite ms involve d (subjec t to the provision s
of Paragraph 11.03); or
2. where the Wor k involve d is not covere d by unit price s containe d in the Contrac t Documents,
by a mutually agreed lu mp sum or unit pric e (whic h may includ e a n allowanc e for overhead
and profit not necessarily in accordance wit h Paragraph 12.01.C.2), and shall includ e the cost
of any secondar y impacts tha t are foreseeable at the time of pricin g the cos t of Extra Work;
or
3. wher e the Work involve d is not covere d by unit price s containe d in the Contrac t Documents
and agreement to a lu mp sum or unit pr ice is not reached unde r Paragraph 12.01.B.2, on the
basis of the Cos t of the Wor k (determine d as provide d in Paragraph 11.01) plu s a Contractor’s
fee for overhea d and profit (determine d as provide d in Paragraph 12.01.C).
C. Contractor’s Fee: The Contractor’s additiona l fee for overhea d and profit shall be determine d as
follows:
1. a mutually acceptable fixe d fee ; or
2. if a fixe d fee is not agreed upon, the n a fee based on the followin g percentages of the various
portions of the Cos t of the Work:
a. for costs incurre d unde r Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the
Contractor’s additiona l fee shall be 15 percent except for:
1) renta l fees for Contractor’s ow n equipment usin g standard renta l rates;
2) bonds and insurance;
b. for costs incurre d unde r Paragraph 11.01.A.4 a nd 11.01.A.5, the Contractor’s fe e shall be
fiv e percent (5%);
1) where one or mor e tier s of subcontracts are on the basis of Cos t of the Wor k plu s a
fee and no fixe d fe e is agreed upon, the inten t of Paragraphs 12.01.C.2.a and
12.01.C.2.b is tha t the Subcontractor who actually perfor ms the Work, a t whatever
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tier , will be paid a fe e of 15 percent of the costs incurre d by suc h Subcontractor under
Paragraphs 11.01.A.1 and 11.01.A.2 and tha t any highe r tie r Subcontractor and
Contractor will each be paid a fee of fiv e percent (5%) of the amount paid to the next
lowe r tie r Subcontractor, howeve r in no case shall the cumulativ e tota l of fees paid be
in excess of 25%;
c. no fee shall be payable on the basis of costs ite mize d unde r Paragraphs 11.01.A.6, and
11.01.B;
d. the a mount of credit to be allowe d by Contractor to Cit y for any change whic h result s in
a ne t decrease in cos t will be the amount of the actual ne t decrease in cos t plu s a deduction
in Contractor’s fee by an amount equa l to fiv e percent (5%) of suc h net decrease.
12.02 Change o f Contrac t Time
A. The Contrac t Time ma y only be change d by a Change Order.
B. No extension of the Contrac t Time will be allowed for Extra Wor k or for claimed dela y unless the
Extra Work conte mplate d or claimed dela y is show n to be on the critica l path of the Project
Schedule or Contractor can show by Critica l Path Method analysis how the Extra Wor k or claime d
dela y adversely affects the critica l path.
12.03 Delays
A. Wher e Contractor is reasonably delaye d in the perfor manc e or complet ion of any part of the
Work within the Contrac t Time due to dela y beyond the control of Contrac tor , the Contrac t Time
may be extende d in an amount equa l to the time lost due to suc h dela y if a Contrac t Claim is made
therefor . Delays beyond the control of Contractor shall include , but not be limite d to, acts or
neglec t by City , acts or neglec t of utilit y owners or othe r contractors perfor min g othe r wor k as
conte mplate d by Article 7, fires, floods , epide mics, abnor mal weather conditions , or acts of God.
Suc h an adjustment shall be Contractor’s sole and exclusiv e remedy for the delays describe d in
this Paragraph.
B. If Contractor is delayed, Cit y shall not be liable to Contractor for any claims, costs , losses, or
da mage s (includin g but not limite d to all fees and charge s of engineers , architects, attorneys , and
othe r professionals and all cour t or arbitratio n or othe r dispute resolutio n costs ) sustaine d by
Contractor on or in connection wit h any othe r projec t or anticipated project.
C. Contractor shall not be entitle d to an adjustment in Contrac t Pric e or Contrac t Time for delays
within the control of Contractor . Delays attributable to and within the control of a Subcontractor
or Supplie r shall be dee me d to be delays within the control of Contractor.
D. The Contractor shall receive no compensation for delays or hindrance s to the Work, except when
direc t and unavoidable extr a cos t to the Contractor is caused by the failur e of the Cit y to provide
infor matio n or material, if any, whic h is to be furnishe d by the City.
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ARTICLE 1 3 – TESTS AND INSPECTIONS; CORRECTION, REMOVA L OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
Notic e of all defective Wor k of whic h Cit y ha s actual knowledge will be give n to Contractor.
Defective Wor k may be rejected, corrected, or accepted as provide d in this Article 13.
13.02 Access to Work
City , independent testing laboratories , and governmenta l agencies wit h jurisdictiona l interests will
have access to the Sit e and the Work at reasonable times for their observation, inspection, and testing.
Contractor shall provide the m prope r and safe conditions for suc h access and advis e the m of
Contractor’s safety procedure s and progra ms so tha t the y may comply therewith a s applicable.
13.03 Tests and Inspections
A. Contractor shall giv e Cit y timely notic e of readines s of the Work for all require d inspections,
tests, or approvals and shall cooperate wit h inspection and testing personne l to facilitat e required
inspections or tests.
B. If Contrac t Documents , Law s or Regulations of any public body having jurisdictio n requir e any
of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full
responsibilit y for arranging and obtaining suc h independent inspections , tests, retests or approvals ,
pa y all costs in connection therewith, and furnis h Cit y the require d certificates of inspection or
approval; excepting, however , thos e fees specifically identifie d in the Supple mentary Condition s
or any Texa s Department of Licensur e and Regulatio n (TDLR) inspections , whic h shall be paid as
describe d in the Supple mentary Conditions.
C. Contractor shall be responsible for arranging a nd obtaining and shall pa y all costs in connection
wit h any inspections , tests , re-tests, or approvals require d for City’s acceptance of materials or
equipment to be incorporate d in the Work; or acceptance of materials, mix designs , or equipment
submitte d for approva l prio r to Contractor’s purchase thereof for incorporation in the Work.
Suc h inspections , tests, re -tests, or approvals shall be perfor me d by organizations acceptable to
City.
D. Cit y may arrange for the services of a n ind ependent testing laborator y (“Testing Lab”) to
perfor m any inspections or tests (“Testing”) for any part of the Work, as determine d solely by
City.
1. Cit y will coordinate suc h Testing to the extent possible , wit h Contractor;
2. Should any Testing unde r this Section 13.03 D result in a “fail”, “did not pass ” or other
simila r negative result , the Contractor shall be responsible for paying for any and all retests.
Contractor’s cancellation without cause of Cit y initiate d Testing shall be dee med a negative
result and requir e a retest.
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3. Any amounts owe d for any retest unde r this Section 13.03 D shall be paid directly to the
Testing La b by Contractor. Cit y will forward all invoice s for retests to Contractor.
4. If Contractor fails to pa y the Testing Lab, Cit y will not issue Fina l Payment until the Testing
La b is paid.
E. If any Work (or the wor k of others ) tha t is to be inspected, tested, or approve d is covere d by
Contractor without writte n concurrenc e of City , Contractor shall, if requeste d by City , uncover
suc h Work for observation.
F. Uncovering Wor k as provide d in Paragraph 13.03.E shall be a t Contractor’s expense.
G. Contractor shall have the righ t to make a Contract Claim regarding any retest or invoic e issued
unde r Section 13.03 D.
13.04 Uncovering Work
A. If any Wor k is covere d contrar y to the Contrac t Documents or specific instructions by the City , it
must, if requeste d by City , be uncovere d for City’s observation and replaced at Contractor’s
expense.
B. If Cit y consider s it necessary or advisable tha t covere d Work be observe d by Cit y or inspecte d or
teste d by others , Contractor , at City’s request, shall uncover, expose , or otherwis e make available
for observation, inspection, or testing as Cit y may require , tha t portion of the Wor k in question,
furnishing all necessary labor , material, and equipment.
1. If it is found tha t the uncovere d Wor k is defective, Contractor shall pa y all claims, costs,
losses, and da mage s (includin g but not limite d to a ll fee s and charge s of engineers , architects,
attorneys , and othe r professionals and all cour t or othe r dispute resolutio n costs ) arisin g out of
or relatin g to suc h uncovering, exposure , observation, inspection, and testing, and of
satisfactory replacement or reconstruction (includin g but not limite d to all costs of repair or
replacement of wor k of others); or Cit y shall be entitle d to accept defective Work in accordance
wit h Paragraph 13.08 in whic h case Contractor shall still be responsible for all cost s associated
wit h exposing, observing, and testing the defective Work.
2. If the uncovere d Work is not found to be defective, Contractor shall be allowe d an increase
in the Contrac t Pric e or an extension of the Contrac t Time, or both, directly attributable to suc h
uncovering, exposure , observation, inspection, testing, replacement, and reconstruction.
13.05 City May Sto p th e Work
If the Work is defective, or Contractor fails to supply sufficien t skille d worker s or suitable materials
or equipment, or fails to per for m the Work in suc h a way tha t the complete d Wor k will confor m to
the Contrac t Documents , Cit y ma y orde r Contrac tor to stop the Work, or any portion thereof, until th e
cause for suc h orde r ha s bee n eliminated; howeve r, this righ t of Cit y to stop the Wor k shall not giv e
ris e to any duty on the par t of Cit y to exercise this righ t for the benefit of Contractor , any
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Subcontractor , any Supplier , any othe r individua l or entity, or any surety for , or employe e or agent of
any of the m.
13.06 Correctio n o r Removal o f Defectiv e Work
A. Promptly afte r receipt of writte n notice , Contrac tor shall correct all defective Work pursuant to
an acceptable schedule , whethe r or not fabricated, installed , or completed, or, if the Wor k has bee n
rejected by City , remove it from the Projec t and replace it wit h Wor k tha t is not de fective.
Contractor shall pa y all claims, costs , additional testing, losses, and da mage s (includin g but not
limite d to all fees and charge s of engineers , architects, attorneys , and othe r professionals and all
cour t or arbitratio n or othe r dispute resolutio n cos ts) arisin g out of or relatin g to suc h correction
or remova l (includin g but not limite d to all costs of repair or replacement of wor k of others).
Failur e to requir e the re mova l of any de fective Wor k shall not constitute acceptance of such Work.
B. Whe n correcting defective Wor k unde r the te rms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action tha t would void or otherwis e impair City’s special warranty and
guarantee , if any, on said Work.
13.07 Correctio n Period
A. If within two (2) years after the date of Fina l Acceptance (or such longe r perio d of time as may be
prescribe d by the terms of any applicable special guarante e require d by the Contract Documents),
any Wor k is found to be defective, or if the repair of any da mage s to the lan d or areas made
available for Contractor’s us e by Cit y or per mitte d by Laws and Regulations as conte mplate d in
Paragraph 6.10.A is found to be defective, Contractor shall promptly , without cos t to Cit y and in
accordance wit h City’s written instructions:
1. repair suc h defective lan d or areas; or
2. correct suc h defective Work; or
3. if the defective Wor k ha s bee n rejected by City , remove it from the Projec t and replace it
wit h Wor k tha t is not defective, and
4. satisfactorily correct or repair or remove and replace any da mage to othe r Work, to the work
of other s or othe r lan d or areas resultin g therefrom.
B. If Contractor doe s not promptly comply wit h the terms of City’s writte n instructions , or in an
emergenc y wher e dela y would cause seriou s ris k of los s or da mage , Cit y may have the defective
Wor k corrected or repaired or may have the rejected Wor k remove d and replaced. All claims,
costs , losses, and da mage s (includin g but not limite d to all fees and charge s of engineers,
architects, attorneys , and othe r professionals and all cour t or othe r dispute resolutio n costs) arising
out of or relatin g to suc h correction or repair or suc h remova l and replacement (including but not
limite d to all costs of repair or replacement of work of others ) will be paid by Contractor.
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C. In special circumstances where a particula r ite m of equipment is placed in continuous service
befor e Fina l Acceptance of all the Work, the correction perio d for tha t ite m may start to run from
an earlie r date if so provide d in the Contrac t Documents.
D. Wher e defective Work (and da mage to othe r Wor k resultin g therefrom) ha s bee n corrected or
remove d and replaced unde r this Paragraph 13.07, the correction perio d hereunde r wit h respect
to suc h Work may be require d to be extende d for an additiona l perio d of one yea r after the end of
the initia l correction period. Cit y shall provide 30 days written notic e to Contractor should such
additiona l warranty coverage be required. Contractor may dispute this require ment by filin g a
Contrac t Claim, pursuant to Paragraph 10.06.
E. Contractor’s obligations unde r this Paragraph 13.07 are in additio n to any othe r obligatio n or
warranty. The provisions of this Paragraph 13.07 shall not be construe d as a substitute for , or a
waive r of, the provisions of any applicable statute of limitatio n or repose.
13.08 Acceptance o f Defective Work
If, instea d of requirin g correction or remova l and replacement of defective Work, Cit y prefers to
accept it , Cit y may do so. Contractor shall pa y all claims, costs , losses, and da mage s (includin g but
not limite d to all fees and charge s of engineers , architects, attorneys , and othe r professionals and all
cour t or othe r dispute resolutio n costs ) attributa ble to City’s evaluation of and determinatio n to accept
suc h defective Wor k and for the diminishe d valu e of the Wor k to the extent not otherwise paid by
Contractor . If any suc h acceptance occur s prio r to Fina l Acceptance, a Change Orde r will be issue d
incorporating the necessary revision s in the Contrac t Documents wit h respect to the Work, and Cit y
shall be entitle d to an appropriate decrease in the Contrac t Price , reflectin g the diminished value of
Wor k so accepted.
13.09 City May Correct Defective Work
A. If Contractor fails within a reasonable time a fter writte n notic e from Cit y to correc t de fective
Work, or to remove and replace rejected Wor k as require d by Cit y in accordance wit h Paragraph
13.06.A , or if Contractor fails to perfor m the Work in accordance wit h the Contrac t Documents,
or if Contractor fails to comply wit h any othe r provision of the Contrac t Documents , Cit y may,
afte r seve n (7) days written notic e to Contractor , correct, or remedy any suc h de ficiency.
B. In exercising the rights and remedie s unde r this Paragraph 13.09, Cit y shall proceed
expeditiously. In connection wit h suc h corrective or remedia l action, Cit y may exclude Contractor
from all or par t of the Site , take possession of all or part of the Wor k and suspend Contractor’s
services related thereto, and incorporate in the Work all materials and equipment incorporate d in
the Work, store d at the Sit e or for whic h Cit y ha s paid Contractor but whic h are stored elsewhere.
Contractor shall allo w City , City’s representatives, agents , consultants, e mployees , and City’s
othe r contractors , access to the Sit e to enable Cit y to exercise the rights and remedie s unde r this
Paragraph.
C. All claims, costs , losses, and da mage s (includin g but not limite d to all fees and charge s of
engineers , architects, attorneys , and othe r professionals and all cour t or othe r dispute resolution
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costs ) incurre d or sustaine d by Cit y in exercising the rights and remedie s unde r this Paragraph
13.09 will be charge d agains t Contractor, and a Change Orde r will be issued incorporating the
necessary revision s in the Contrac t Documents wit h respect to the Work; and Cit y shall be entitle d
to a n appropriate decrease in the Contrac t Price.
D. Contractor shall not be allowe d an extension of the Contrac t Time because of any dela y in the
perfor manc e of the Wor k attributable to the exercise of City’s rights and remedie s unde r this
Paragraph 13.09.
ARTICLE 1 4 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule o f Values
The Schedule of Value s for lu mp sum contracts establishe d as provide d in Paragraph 2.07 will serve
as the basis for progres s payments and will be inc orporate d int o a for m of Applicatio n for Payment
acceptable to City . Progres s payments on account of Unit Pric e Wor k will be base d on the numbe r of
units completed.
14.02 Progress Payments
A. Applications fo r Payments:
1. Contractor is responsible for providing all infor matio n a s require d to become a vendor of the
City.
2. At least 20 days befor e the date establishe d in the General Require ments for each progress
payment, Contractor shall submit to Cit y for revie w an Applicatio n for Payment fille d out and
signe d by Contractor covering the Work complete d as of the date of the Applicatio n and
accompanie d by suc h supporting documentation as is require d by the Contrac t Documents.
3. If payment is requeste d on the basis of materials and equipment not incorporate d in the Work
but delivere d and suitably store d a t the Sit e or at anothe r locatio n agreed to in writing , the
Applicatio n for Payment shall als o be accompanie d by a bill of sale , invoice , or other
documentation warranting tha t Cit y ha s received the materials and equipment free and clear of
all Lien s and evidenc e tha t the materials and equipment are covere d by appropriate insuranc e
or othe r arrange ments to protec t Cit y’s interest therein, all of whic h mus t be satisfactory to
City.
4. Beginning wit h the second Applicatio n for P ayment, each Applicatio n shall includ e an affidavit
of Contractor stating tha t previous progres s payments received on account of the Wor k have
bee n applie d on account to dis c harge Contractor’s legitimate obligations associate d wit h prio r
Application s for Payment.
5. The amount of retainage wit h respect to progress payments will be as stipulate d in the
Contrac t Documents.
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B. Revie w o f Applications:
1. Cit y will, afte r receipt of each Applicatio n for Payment , eithe r indicat e in writin g a
recommendation of payment or retur n the Application to Contractor indicatin g reasons for
refusing payment. In the latte r case, Contractor may make the necessary corrections and
resubmit the Application.
2. City’s processing of any payment requeste d in an Applicatio n for Payment will be base d on
City’s observations of the executed Work, and on City’s revie w of the Applicatio n for Payment
and the accompanying data and schedules , tha t to the bes t of City’s knowledge:
a. the Work ha s progresse d to the point indicated;
b. the qualit y of the Wor k is generally in accordanc e wit h the Contrac t Document s (subject
to an evaluation of the Wor k as a functioning whole prio r to or upon Fina l Acceptance, the
result s of any subsequent tests calle d for in the Contrac t Documents , a final determinatio n
of quantitie s and classifications for Wor k perfor med unde r Paragraph 9.05, and any othe r
qualification s state d in the recommendation).
3. Processing any suc h payment will not thereby be dee med to have represented that:
a. inspections made to check the qualit y or the quantity of the Wor k as it ha s been
performed have bee n exhaustive , extende d to every aspect of the Wor k in progress , or
involve d detaile d inspections of the Work beyond the responsibilitie s specifically assigne d
to Cit y in the Contrac t Documents ; or
b. there may not be othe r matters or issues between the partie s tha t migh t entitle Contractor
to be paid additionally by Cit y or entitle Cit y to withhold payment to Contractor, or
c. Contractor ha s complie d wit h Laws and Regulations applicable to Contractor’s performanc e
of the Work.
4. Cit y may refuse to proces s the whole or any par t of any payment because of subsequently
discovere d evidenc e or the result s of subsequent inspections or tests, and revis e or revoke
any suc h payment previously made , to suc h extent as may be necessary to protec t Cit y from
los s because:
a. the Wor k is de fective, or the complete d Wor k ha s bee n da mage d by the Contractor or his
subcontractors , requirin g correction or replacement;
b. discrepancies in quantitie s containe d in previous application s for payment;
c. the Contrac t Pric e ha s bee n reduce d by Change Orders;
d. Cit y ha s bee n require d to cor rect de fective Wor k or complet e Wor k in accordance with
Paragraph 13.09; or
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e. Cit y ha s actual knowledge of the occurrenc e of any of the events enumerated in
Paragraph 15.02.A.
C. Retainage:
1. For contracts les s tha n $400,000 at the time of execution, retainage shall be te n percent
(10%).
2. For contracts greater tha n $400,000 at the time of execution, retainage shall be fiv e percent
(5%).
D. Liquidated Damages. For each calendar da y tha t any wor k shall remain uncomplete d after the
time specifie d in the Contrac t Documents , the sum pe r da y specifie d in the Agree ment, will be
deducte d from the monie s due the Contractor , not as a penalty, but as liquidate d da mages suffered
by the City.
E. Payment: Contractor will be paid pursuant to the require ments of this Article 14 and payment
will become due in accordance wit h the Contrac t Documents.
F. Reductio n in Payment:
1. Cit y may refuse to make payment of the amount requeste d because:
a. Lien s have bee n file d in connection wit h the Work, except wher e Contractor has
delivere d a specific bond satisfactory to Cit y to secure the satisfaction and discharge of
suc h Liens;
b. there are othe r ite ms entitlin g Cit y to a set-off agains t the amount recommended; or
c. Cit y ha s actual knowledge of the occurrenc e of any of the events enumerated in
Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A.
2. If Cit y refuses to make payment of the amount requested, Cit y will giv e Contractor written
notic e stating the reasons for suc h action and pa y Contractor any amount re mainin g after
deduction of the a mount so withheld . Cit y shall pa y Contractor the a mount so withheld , or any
adjustment thereto agreed to by Cit y and Contractor, whe n Contractor remedie s the reasons
for suc h action.
14.03 Contractor’s Warranty of Title
Contractor warrants and guarantee s tha t title to all Work, materials, and equipment covere d by any
Applicatio n for Payment, whethe r incorporate d in the Projec t or not, will pas s to Cit y no late r than the
time of payment free and clear of all Liens.
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14.04 Partia l Utilization
A. Prio r to Fina l Acceptance of all the Work, Cit y may us e or occupy any substantially completed
part of the Wor k whic h ha s specifically bee n identifie d in the Contrac t Documents , or which City ,
determine s constitute s a separately functioning and usable par t of the Work tha t can be use d
by Cit y for it s intende d purpos e without significan t interference wit h Contractor’s performanc e of
the remainde r of the Work. Cit y at any time may notif y Contractor in writin g to per mit Cit y to us e
or occupy any suc h par t of the Wor k whic h Cit y determine s to be ready for its intende d use , subjec t
to the followin g conditions:
1. Contractor a t any time may notif y Cit y in writin g tha t Contractor consider s any suc h par t of
the Wor k ready for it s intende d use.
2. Within a reasonable time afte r notificatio n as enumerated in Paragraph 14.05.A.1, Cit y and
Contractor shall make an inspectio n of tha t part of the Wor k to determin e it s status of
completion . If Cit y doe s not conside r tha t part of the Wor k to be substantially complete , City
will notify Contractor in writin g givin g the reasons there for.
3. Partia l Utilizatio n will not constitute Fina l Acceptance by City.
14.05 Fina l Inspection
A. Upon written notic e from Contractor tha t the entir e Wor k is complet e in accordance wit h the
Contrac t Documents:
1. within 10 days , Cit y will schedule a Fina l Inspection wit h Contractor.
2. Cit y will notify Contractor in writin g of all particulars in whic h this inspectio n reveals that
the Wor k is inco mplet e or de fective. Contractor shall immediately take suc h measures as are
necessary to complet e suc h Work or remedy suc h deficiencies.
B. No time charge will be made agains t the Contractor between said date of notificatio n of the City
and the date of Fina l Inspection. Should the Cit y determin e tha t the Work is not ready for Final
Inspection, Cit y will notify the Contractor in writin g of the reasons and Contrac t Time will resu me.
14.06 Fina l Acceptance
Upon completio n by Contractor to City’s satisfaction, of any additiona l Work identifie d in the Final
Inspection, Cit y will issue to Contractor a lette r of Fina l Acceptance.
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14.07 Fina l Payment
A. Applicatio n for Payment:
1. Upon Fina l Acceptance, and in the opinion of City , Contractor ma y make an applicatio n for
fina l payment followin g the procedur e for progres s payments in accordance wit h the
Contrac t Documents.
2. The fina l Applicatio n for Payment shall be accompanie d (except as previously delivered) by:
a. all documentation calle d for in the Contrac t Documents , includin g but not limite d to the
evidenc e of insuranc e require d by Paragraph 5.03;
b. consent of the surety, if any, to fina l payment;
c . a lis t of all pending or released Damage Claims agains t Cit y tha t Contractor believe s are
unsettled; and
d. affidavit s of payments and complet e and legally e ffective releases or waivers
(satisfactory to City ) of all Lie n rights aris ing out of or Lien s file d in connection wit h the
Work.
B. Payment Becomes Due:
1. Afte r City’s acceptance of the Applicatio n for Payment and accompanying documentation,
requeste d by Contractor, les s previous payments made and any sum Cit y is entitled,
includin g but not limite d to liquidate d da mages, will become due and payable.
2. Afte r all Damage Claims have bee n resolved:
a. directly by the Contractor or;
b. Contractor provide s evidenc e tha t the Damage Claim ha s bee n reporte d to Contractor’s
insuranc e provide r for resolution.
3. The makin g of the fina l payment by the Cit y shall not reliev e the Contractor of any
guarantee s or othe r require ments of the Contract Documents whic h specifically continue
thereafter.
14.08 Fina l Completio n Delaye d and Partia l Retainag e Release
A. If fina l completio n of the Wor k is significantly delayed, and if Cit y so confir ms, Cit y may, upon
receipt of Contractor’s fina l Applicatio n for Payment, and without terminatin g the Contract, make
payment of the balanc e due for tha t portion of the Wor k fully complete d and accepted. If the
remainin g balanc e to be held by Cit y for Work not fully complete d or corrected is les s than the
retainage stipulate d in Paragraph 14.02.C , and if bonds have bee n furnishe d as require d in
Paragraph 5.02, the written consent of the surety to the payment of the balanc e due for that
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portion of the Work fully complete d and accepted shall be submitte d by Contractor to Cit y with
the Applicatio n for suc h payment. Suc h payment shall be made unde r the terms and conditions
governing fina l payment, except tha t it shall not constitute a waive r of Contrac t Claims.
B. Partia l Retainag e Release. For a Contrac t tha t provide s for a separate vegetative establish ment
and maintenance, and test and perfor manc e periods followin g the completio n of all other
construction in the Contrac t Documents for all Work locations , the Cit y ma y release a portion of
the amount retained provide d tha t all othe r wor k is complete d as determine d by the City . Before
the release, all submittals and fina l quantitie s mus t be complete d and accepted for all othe r work.
An amount sufficien t to ensure Contrac t complianc e will be retained.
14.09 Waive r of Claims
The acceptance of fina l payment will constitute a re lease of the Cit y from all claims or liabilities
unde r the Contrac t for anything done or furnished or relatin g to the wor k unde r the Contract
Documents or any act or neglec t of Cit y related to or connecte d wit h the Contract.
ARTICLE 15 – SUSPENSIO N OF WOR K AND TERMINATION
15.01 City May Suspend Work
A. At any time and without cause, Cit y may suspend the Wor k or any portion thereof by written
notic e to Contractor and whic h may fix the date on whic h Wor k will be resumed. Contractor shall
resume the Wor k on the date so fixed . Durin g te mporar y suspension of the Work covered by thes e
Contrac t Documents , for any reason, the Cit y will make no extra payment for stand-by time of
construction equipment and/or construction crews.
B. Should the Contractor not be able to complet e a portion of the Projec t due to causes beyond the
control of and without the fault or negligenc e of the Contractor, and should it be determine d by
mutua l consent of the Contractor and Cit y tha t a solutio n to allo w construction to procee d is not
available within a reasonable perio d of time , Contractor may reques t a n extension in Contract
Time, directly attributable to any suc h suspension.
C. If it should become necessary to suspend the Wor k for a n indefinit e period, the Contractor shall
store all materials in suc h a manne r tha t the y will not obstruc t or impede the public unnecessarily
nor become da mage d in any way, and he shall take every precaution to prevent da mage or
deterioration of the work perfor med; he shall provide suitable drainage about the work, and erect
te mporar y structure s where necessary.
D. Contractor may be reimburse d for the cos t of moving his equipment off the jo b and returning the
necessary equipment to the jo b whe n it is determine d by the Cit y tha t construction may be
resumed. Suc h reimburse ment shall be base d on actual cos t to the Contractor of moving the
equipment and no profit will be allowed . Reimburse ment may not be allowe d if the equipment is
move d to anothe r construction projec t for the City.
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15.02 City May Terminate for Cause
A. The occurrenc e of any one or mor e of the followin g events by way of exa mple , but not of limitation ,
may justif y terminatio n for cause:
1. Contractor’s persistent failur e to perfor m the Wor k in accordance wit h the Contract Documents
(including, but not limite d to, failure to supply sufficien t skille d worker s or suitable materials
or equipment, failur e to adher e to the Projec t Schedule establishe d under Paragraph 2.07 as
adjuste d from time to time pursuant to Paragraph 6.04, or failur e to adhere to the City’s
Business Diversity Enterprise Ordinance #20020-12-2011establishe d unde r Paragraph
6.06.D);
2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor’s repeated disregard of the authority of City ; or
4. Contractor’s violatio n in any substantia l way of any provisions of the Contrac t Documents;
or
5. Contractor’s failur e to promptly make good any defect in materials or workmanship, or
defects of any nature , the correction of whic h ha s bee n directed in writin g by the City ; or
6. Substantia l indicatio n tha t the Contractor ha s made an unauthorize d assignment of the
Contrac t or any funds due therefrom for the benefit of any creditor or for any othe r purpose;
or
7. Substantia l evidenc e tha t the Contractor ha s become insolvent or bankrupt, or otherwise
financially unable to carry on the Work satisfactorily ; or
8. Contractor commences lega l action in a cour t of competent jurisdictio n agains t the City.
B. If one or mor e of the events identifie d in Paragraph 15.02A . occur, Cit y will provide written notic e
to Contractor and Surety to arrange a conferenc e wit h Contractor and Surety to address
Contractor's failur e to perfor m the Work. Conferenc e shall be held not late r tha n 15 days , after
receipt of notice.
1. If the City , the Contractor, and the Surety do not agre e to allo w the Contractor to procee d to
per for m the construction Contract, the Cit y may, to the extent per mitte d by Law s and
Regulations , declare a Contractor default and formally terminat e the Contractor 's righ t to
complet e the Contract. Contractor default shall not be declared earlie r tha n 20 days after the
Contractor and Suret y have received notic e of conferenc e to addres s Contractor's failur e to
perfor m the Work.
2. If Contractor's services are terminated, Suret y shall be obligate d to take ove r and perfor m the
Work. If Surety doe s not commenc e performanc e thereof within 15 consecutive calendar days
afte r date of an additiona l writte n notic e de manding Surety's perfor manc e of its
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obligations , the n City , without proces s or actio n at law , may take ove r any portion of the
Work and complet e it as describe d below.
a. If Cit y complete s the Work, Cit y may exclude Contractor and Surety from the sit e and
take possession of the Work, and all materials and equipment incorporate d int o the Work
store d at the Sit e or for whic h Cit y ha s paid Contractor or Surety but whic h are stored
elsewhere, and finis h the Wor k as Cit y ma y dee m expedient.
3. Whethe r Cit y or Surety complete s the Work, Contractor shall not be entitle d to receive any
furthe r payment until the Wor k is finished . If the unpaid balanc e of the Contrac t Price exceeds
all claims, costs , losses and da mage s sustaine d by Cit y arisin g out of or resulting from
completin g the Work, suc h excess will be paid to Contractor. If suc h claims, costs, losses and
da mage s exceed suc h unpaid balance, Contractor shall pa y the difference to City. Suc h claims ,
costs , losses and da mage s incurr ed by Cit y will be incorporate d in a Change Order, provide d
tha t whe n exercising any rights or remedie s unde r this Paragraph, Cit y shall no t be require d to
obtain the lowes t pric e for the Wor k perfor med.
4. Neithe r City , nor any of it s respective consultants , agents , officers, director s or employees
shall be in any way liable or accountable to Contractor or Surety for the method by whic h the
completio n of the said Work, or any portion thereof, ma y be accomplishe d or for the price paid
therefor.
5. City , notwithstanding the method use d in completin g the Contract, shall not forfeit the right
to recove r da mage s from Contractor or Surety for Contractor's failur e to timely complet e the
entir e Contract . Contractor shall not be entitle d to any claim on account of the method used
by Cit y in completin g the Contract.
6. Maintenanc e of the Wor k shall continue to be Contractor 's and Surety's responsibilitie s as
provide d for in the bond require ment s of the Contrac t Documents or any special guarantees
provide d for unde r the Contrac t Documents or any othe r obligations otherwis e prescribe d by
law.
C. Notwithstanding Paragraphs 15.02.B, Contractor’s service s will not be terminate d if Contractor
begins within seve n days of receipt of notic e of inten t to terminat e to correct it s failur e to perform
and proceeds diligently to cur e suc h failur e within no mor e tha n 30 days of receipt of said notice.
D. Wher e Contractor’s services have bee n so terminate d by City , the terminatio n will not affect any
rights or remedie s of Cit y agains t Contractor then existin g or whic h may thereafter accrue. Any
retention or payment of moneys due Contractor by Cit y will not release Contractor from liability.
E. If and to the extent tha t Contractor ha s provide d a perfor manc e bond unde r the provisions of
Paragraph 5.02, the terminatio n procedure s of tha t bond shall not supersede the provisions of this
Article.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: March 9, 2020
00 72 00 - 1 GENERAL CONDITION S
Page 60 of 63
15.03 City May Terminate Fo r Convenience
A. Cit y may, without cause and without prejudic e to any othe r righ t or remedy of City , terminat e the
Contract. Any terminatio n shall be effected by mailin g a notic e of the terminatio n to the Contractor
specifyin g the extent to whic h perfor manc e of Wor k unde r the contrac t is terminated, and the date
upon whic h suc h terminatio n become s effective. Receipt of the notic e shall be dee med
conclusively presumed and establishe d whe n the lette r is placed in the Unite d States Posta l Servic e
Mail by the City . Further, it shall be dee me d conclusively presumed and establishe d tha t suc h
terminatio n is made wit h jus t cause as therein stated; and no proof in any claim, de mand or suit
shall be require d of the Cit y regarding suc h discretionar y action.
B. After receipt of a notic e of te rmination , and except as otherwis e directed by the City , the
Contractor shall:
1. Stop wor k unde r the Contrac t on the date and to the extent specifie d in the notic e of termination;
2. plac e no furthe r order s or subcontracts for materials , services or facilitie s except as may be
necessary for completio n of suc h portion of the Work unde r the Contrac t as is not terminated;
3. terminat e all order s and subcontracts to the extent tha t the y relate to the per formanc e of the
Wor k terminate d by notic e of termination;
4. transfer title to the Cit y and delive r in the manner , at the times, and to the extent, if any,
directed by the City:
a. the fabricated or unfabricate d parts , Work in progress , complete d Work, supplie s and
othe r material produce d a s a part of , or acquire d in connection wit h the performanc e of,
the Work terminate d by the notic e of the termination ; and
b. the completed, or partially complete d plans , drawings , infor matio n and othe r property
which , if the Contrac t ha d bee n completed, would have bee n require d to be furnishe d to
the City.
5. complet e performanc e of suc h Work as shall not have bee n terminate d by the notic e of
termination ; and
6. take suc h action as may be necessary, or as the Cit y may direct, for the protection and
preservation of the property related to it s contrac t whic h is in the possession of the
Contractor and in whic h the owne r ha s or may acquir e the rest.
C. At a time not late r tha n 30 days after the terminatio n date specifie d in the notic e of termination,
the Contractor may submit to the Cit y a list , certifie d as to quantity and quality , of any or all ite ms
of terminatio n inventory not previously dispose d of, exclusiv e of ite ms the dispositio n of whic h
ha s bee n directed or authorize d by City.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: March 9, 2020
00 72 00 - 1 GENERAL CONDITION S
Page 61 of 63
D. Not late r tha n 15 days thereafter, the Cit y shall accept title to suc h ite ms provided, tha t the list
submitted shall be subjec t to verificatio n by the Cit y upon remova l of the ite ms or, if the ite ms are
stored, within 45 days from the date of submissio n of the list , and any necessary adjustments t o
correct the lis t as submitted, shall be made prio r to fina l settle ment.
E. Not late r tha n 60 days afte r the notic e of termination , the Contractor shall submit his termination
claim to the Cit y in the form and wit h the certificatio n prescribe d by the City . Unles s an extensio n
is made in writin g within suc h 60 da y perio d by the Contractor, and grante d by the City, any and
all suc h claims shall be conclusively dee med waived.
F. In suc h case, Contractor shall be paid for (without duplicatio n of any ite ms):
1. complete d and acceptable Wor k executed in accordanc e wit h the Contrac t Documents prior
to the effective date of termination , includin g fair and reasonable sums for overhea d and profit on
suc h Work;
2. expense s sustaine d prio r to the effective date of terminatio n in perfor min g services and
furnishing labor , materials, or equipment a s require d by the Contrac t Documents in connection
wit h uncomplete d Work, plu s fair and reasonable sums for overhea d and profit on suc h expenses;
and
3. reasonable expense s directly attributable to termination.
G. In the event of the failur e of the Contractor and Cit y to agre e upon the whole amount to be paid
to the Contractor by reason of the terminatio n of the Work, the Cit y shall determine , on the basis
of infor matio n available to it , the amount, if any, due to the Contractor by reason of the terminatio n
and shall pa y to the Contractor the amounts determined . Contractor shall not be paid on account
of los s of anticipated profits or revenue or othe r economic los s arisin g out of or resultin g from
suc h termination.
ARTICLE 16 – DISPUTE RESOLUTION 16.01 Methods and Procedures
A. Eithe r Cit y or Contractor ma y reques t mediation of any Contrac t Claim submitted for a decision
unde r Paragraph 10.06 before suc h decisio n becomes fina l and binding. The reques t for mediatio n
shall be submitted to the othe r party to the Contract. Timely submissio n of the request shall stay
the effect of Paragraph 10.06.E.
B. Cit y and Contractor shall participat e in the mediatio n proces s in good faith . The proces s shall be
commenced within 60 days of filin g of the request.
C. If the Contrac t Claim is not resolve d by mediation , City’s action unde r Paragraph 10.06.C or a
denia l pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become fina l and binding 30 days after
terminatio n of the mediatio n unless , within tha t time period, Cit y or Contractor:
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: March 9, 2020
00 72 00 - 1 GENERAL CONDITION S
Page 62 of 63
1. elects in writin g to invoke any othe r dispute resolutio n proces s provide d for in the
Supple mentary Conditions ; or
2. agrees wit h the othe r party to submit the Contrac t Claim to anothe r dispute resolution
process ; or
3. give s writte n notic e to the othe r party of the inten t to submit the Contrac t Claim to a court of
competent jurisdiction.
ARTICLE 1 7 – MISCELLANEOUS
17.01 Givin g Notice
A. Wheneve r any provision of the Contrac t Documents require s the givin g of written notice , it will
be dee med to have bee n validly give n if:
1. delivere d in person to the individua l or to a membe r of the fir m or to an office r of the
corporation for whom it is intended; or
2. delivere d at or sent by registered or certified mail, postage prepaid, to the las t business
addres s know n to the give r of the notice.
B. Busines s addres s change s mus t be promptly made in writin g to the othe r party.
C. Wheneve r the Contrac t Documents specifie s givin g notic e by electronic means suc h electronic
notic e shall be dee me d sufficien t upon confirmatio n of receipt by the receiving party.
17.02 Computation of Times
Whe n any perio d of time is referred to in the Contrac t Documents by days , it will be compute d to
exclude the first and includ e the las t da y of suc h period. If the las t da y of any suc h perio d falls on a
Saturda y or Sunda y or on a da y made a lega l holida y the next Working Day shall become the last da y
of the period.
17.03 Cumulative Remedies
The dutie s and obligations impose d by thes e General Conditions and the rights and remedies available
hereunde r to the partie s hereto are in additio n to, and are not to be construe d in any way as a limitatio n
of, any rights and remedie s available to any or all of the m whic h are otherwis e imposed or available
by Law s or Regulations , by special warranty or guarantee , or by othe r provisions of the Contrac t
Documents . The provisions of this Paragraph will be as effective as if repeated specifically in the
Contrac t Documents in connection wit h each particula r duty, obligation, right, and remedy to whic h
the y apply.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: March 9, 2020
00 72 00 - 1 GENERAL CONDITION S
Page 63 of 63
17.04 Survival o f Obligations
All representations , inde mnifications , warranties, and guarantee s made in , require d by, or give n in
accordance wit h the Contrac t Documents , as well as all continuing obligations indicate d in the
Contrac t Documents , will survive fina l payment, completion , and acceptance of the Wor k or
terminatio n or completio n of the Contrac t or terminatio n of the services of Contractor.
17.05 Headings
Article and paragraph headings are inserte d for convenienc e only and do not constitute parts of these
General Conditions.
00 73 00 - 1
SUPPLEMENTARY CONDITIONS
Page 1 of 5
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103629
Revised January 22, 2016
SECTION 00 73 00 1
SUPPLEMENTARY CONDITIONS 2
TO 3
GENERAL CONDITIONS 4
5
Supplementary Conditions 6
7
These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other 8
provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 9
modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 10
of the General Conditions which are not so modified or supplemented remain in full force and effect. 11
12
Defined Terms 13
14
The terms used in these Supplementary Conditions which are defined in the General Conditions have the 15
meaning assigned to them in the General Conditions, unless specifically noted herein. 16
17
Modifications and Supplements 18
19
The following are instructions that modify or supplement specific paragraphs in the General Conditions and 20
other Contract Documents. 21
22
SC-3.03B.2, “Resolving Discrepancies” 23
24
Plans govern over Specifications. 25
26
SC-4.01A 27
28
Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 29
Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the 30
Contract Drawings. 31
32
SC-4.01A.1., “Availability of Lands” 33
34
The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of 35
August 2021: 36
37
Outstanding Right-Of-Way, and/or Easements to Be Acquired 38
PARCEL
NUMBER
OWNER TARGET DATE
OF POSSESSION
None
The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 39
and do not bind the City. 40
41
If Contractor considers the final easements provided to differ materially from the representations on the 42
Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 43
notify City in writing associated with the differing easement line locations. 44
45
SC-4.01A.2, “Availability of Lands” 46
47
00 73 00 - 2
SUPPLEMENTARY CONDITIONS
Page 2 of 5
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103629
Revised January 22, 2016
Utilities or obstructions to be removed, adjusted, and/or relocated 1
2
The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated 3
as of August 2021: 4
5
EXPECTED
OWNER
UTILITY AND LOCATION TARGET DATE OF
ADJUSTMENT
NONE
The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 6
and do not bind the City. 7
8
SC-4.02A., “Subsurface and Physical Conditions” 9
10
The following are reports of explorations and tests of subsurface conditions at the site of the Work: 11
12
A geotechnical investigation Project No. W191477, dated July 2019, prepared by Alpha Testing, providing 13
additional information on geotechnical conditions. 14
15
The following are drawings of physical conditions in or relating to existing surface and subsurface 16
structures (except Underground Facilities) which are at or contiguous to the site of the Work: 17
NONE 18
19
SC-4.06A., “Hazardous Environmental Conditions at Site” 20
21
The following are reports and drawings of existing hazardous environmental conditions known to the City: 22
NONE 23
24
SC-5.03A., “Certificates of Insurance” 25
26
The entities listed below are "additional insureds as their interest may appear" including their respective 27
officers, directors, agents and employees. 28
29
(1) City 30
(2) Consultant: Kimley-Horn and Associates, Inc. 31
(3) Other: Fort Worth Everman/Risinger Development, LLC; Commerce Construction Co., L.P. 32
33
SC-5.04A., “Contractor’s Insurance” 34
35
The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 36
coverages for not less than the following amounts or greater where required by laws and regulations: 37
38
5.04A. Workers' Compensation, under Paragraph GC-5.04A. 39
40
Statutory limits 41
Employer's liability 42
$100,000 each accident/occurrence 43
$100,000 Disease - each employee 44
$500,000 Disease - policy limit 45
46
SC-5.04B., “Contractor’s Insurance” 47
48
49
00 73 00 - 3
SUPPLEMENTARY CONDITIONS
Page 3 of 5
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103629
Revised January 22, 2016
5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance 1
under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with 2
minimum limits of: 3
4
$1,000,000 each occurrence 5
$2,000,000 aggregate limit 6
7
The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the 8
General Aggregate Limits apply separately to each job site. 9
10
The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. 11
Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 12
13
SC 5.04C., “Contractor’s Insurance” 14
5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor’s Liability Insurance under 15
Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: 16
17
(1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", 18
defined as autos owned, hired and non-owned. 19
20
$1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 21
least: 22
23
$250,000 Bodily Injury per person / 24
$500,000 Bodily Injury per accident / 25
$100,000 Property Damage 26
27
SC-5.04D., “Contractor’s Insurance” 28
29
The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and 30
material deliveries to cross railroad properties and tracks NONE 31
32
The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 33
hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 34
or other property. Such operations on railroad properties may require that Contractor to execute a “Right of 35
Entry Agreement” with the particular railroad company or companies involved, and to this end the 36
Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 37
the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate 38
to the Contractor’s use of private and/or construction access roads crossing said railroad company’s 39
properties. 40
41
The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide 42
coverage for not less than the following amounts, issued by companies satisfactory to the City and to the 43
Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, 44
occupy, or touch railroad property: 45
46
(1) General Aggregate: N/A 47
48
(2) Each Occurrence: N/A 49
50
Required for this Contract x Not required for this Contract 51
52
With respect to the above outlined insurance requirements, the following shall govern: 53
54
00 73 00 - 4
SUPPLEMENTARY CONDITIONS
Page 4 of 5
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103629
Revised January 22, 2016
1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in 1
the name of the railroad company. However, if more than one grade separation or at-grade 2
crossing is affected by the Project at entirely separate locations on the line or lines of the same 3
railroad company, separate coverage may be required, each in the amount stated above. 4
5
2. Where more than one railroad company is operating on the same right-of-way or where several 6
railroad companies are involved and operated on their own separate rights-of-way, the Contractor 7
may be required to provide separate insurance policies in the name of each railroad company. 8
9
3. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a 10
railroad company’s right-of-way at a location entirely separate from the grade separation or at-11
grade crossing, insurance coverage for this work must be included in the policy covering the grade 12
separation. 13
14
4. If no grade separation is involved but other work is proposed on a railroad company’s right-of-15
way, all such other work may be covered in a single policy for that railroad, even though the work 16
may be at two or more separate locations. 17
18
No work or activities on a railroad company’s property to be performed by the Contractor shall be 19
commenced until the Contractor has furnished the City with an original policy or policies of the insurance 20
for each railroad company named, as required above. All such insurance must be approved by the City and 21
each affected Railroad Company prior to the Contractor’s beginning work. 22
23
The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 24
has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, 25
insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. 26
Such insurance must name the railroad company as the insured, together with any tenant or lessee of the 27
railroad company operating over tracks involved in the Project. 28
29
SC-6.04., “Project Schedule” 30
31
Project schedule shall be tier 3 for the project. 32
33
SC-6.07., “Wage Rates” 34
35
The following is the prevailing wage rate table(s) applicable to this project and is provided in the 36
Appendixes: 37
NONE 38
39
SC-6.09., “Permits and Utilities” 40
41
SC-6.09A., “Contractor obtained permits and licenses” 42
The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 43
NONE 44
45
SC-6.09B. “City obtained permits and licenses” 46
The following are known permits and/or licenses required by the Contract to be acquired by the City 47
NONE 48
49
SC-6.09C. “Outstanding permits and licenses” 50
51
The following is a list of known outstanding permits and/or licenses to be acquired, if any as of August 52
2021: 53
54
55
00 73 00 - 5
SUPPLEMENTARY CONDITIONS
Page 5 of 5
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103629
Revised January 22, 2016
Outstanding Permits and/or Licenses to Be Acquired 1
OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE
OF POSSESSION
NONE
2
SC-7.02., “Coordination” 3
4
The individuals or entities listed below have contracts with the City for the performance of other work at 5
the Site: 6
NONE 7
8
SC-8.01, “Communications to Contractor” 9
10
NONE 11
12
SC-9.01., “City’s Project Manager” 13
14
The City’s Project Manager for this Contract is Gopal Sahu, or his/her successor pursuant to written 15
notification from the Director of T/PW. 16
17
SC-13.03C., “Tests and Inspections” 18
19
NONE 20
21
SC-16.01C.1, “Methods and Procedures” 22
23
NONE 24
25
26
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
1/22/2016 F. Griffin SC-9.01., “City’s Project Representative” wording changed to City’s Project
Manager.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
STANDARD CITY CONDITIONS
OF THE CONSTRUCTION CONTRACT
FOR DEVELOPER AWARDED PROJECTS
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
STANDARD CITY CONDITIONS OF THE
CONSTRUCTION CONTRACT
FOR DEVELOPER AWARDED PROJECTS
TABLE OF CONTENTS
Page
Article 1 – Definitions and Terminology .......................................................................................................... 1
1.01 Defined Terms ............................................................................................................................... 1
1.02 Terminology .................................................................................................................................. 5
Article 2 – Preliminary Matters ......................................................................................................................... 6
2.01 Before Starting Construction ........................................................................................................ 6
2.02 Preconstruction Conference .......................................................................................................... 6
2.03 Public Meeting .............................................................................................................................. 6
Article 3 – Contract Documents and Amending ............................................................................................... 6
3.01 Reference Standards ..................................................................................................................... 6
3.02 Amending and Supplementing Contract Documents .................................................................. 6
Article 4 – Bonds and Insurance ....................................................................................................................... 7
4.01 Licensed Sureties and Insurers ..................................................................................................... 7
4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7
4.03 Certificates of Insurance ............................................................................................................... 7
4.04 Contractor’s Insurance .................................................................................................................. 9
4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12
Article 5 – Contractor’s Responsibilities ........................................................................................................ 12
5.01 Supervision and Superintendent ................................................................................................. 12
5.02 Labor; Working Hours ................................................................................................................ 13
5.03 Services, Materials, and Equipment ........................................................................................... 13
5.04 Project Schedule .......................................................................................................................... 14
5.05 Substitutes and “Or-Equals” ....................................................................................................... 14
5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16
5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16
5.08 Wage Rates.................................................................................................................................. 18
5.09 Patent Fees and Royalties ........................................................................................................... 19
5.10 Laws and Regulations ................................................................................................................. 19
5.11 Use of Site and Other Areas ....................................................................................................... 19
5.12 Record Documents ...................................................................................................................... 20
5.13 Safety and Protection .................................................................................................................. 21
5.14 Safety Representative ................................................................................................................. 21
5.15 Hazard Communication Programs ............................................................................................. 22
5.16 Submittals .................................................................................................................................... 22
5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
5.18 Indemnification ........................................................................................................................... 24
5.19 Delegation of Professional Design Services .............................................................................. 24
5.20 Right to Audit: ............................................................................................................................ 25
5.21 Nondiscrimination....................................................................................................................... 25
Article 6 – Other Work at the Site ................................................................................................................... 26
6.01 Related Work at Site ................................................................................................................... 26
Article 7 – City’s Responsibilities................................................................................................................... 26
7.01 Inspections, Tests, and Approvals .............................................................................................. 26
7.02 Limitations on City’s Responsibilities ....................................................................................... 26
7.03 Compliance with Safety Program ............................................................................................... 27
Article 8 – City’s Observation Status During Construction ........................................................................... 27
8.01 City’s Project Representative ..................................................................................................... 27
8.02 Authorized Variations in Work .................................................................................................. 27
8.03 Rejecting Defective Work .......................................................................................................... 27
8.04 Determinations for Work Performed .......................................................................................... 28
Article 9 – Changes in the Work ..................................................................................................................... 28
9.01 Authorized Changes in the Work ............................................................................................... 28
9.02 Notification to Surety .................................................................................................................. 28
Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28
10.01 Change of Contract Price ............................................................................................................ 28
10.02 Change of Contract Time............................................................................................................ 28
10.03 Delays .......................................................................................................................................... 28
Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29
11.01 Notice of Defects ........................................................................................................................ 29
11.02 Access to Work ........................................................................................................................... 29
11.03 Tests and Inspections .................................................................................................................. 29
11.04 Uncovering Work ....................................................................................................................... 30
11.05 City May Stop the Work ............................................................................................................. 30
11.06 Correction or Removal of Defective Work ................................................................................ 30
11.07 Correction Period ........................................................................................................................ 30
11.08 City May Correct Defective Work ............................................................................................. 31
Article 12 – Completion .................................................................................................................................. 32
12.01 Contractor’s Warranty of Title ................................................................................................... 32
12.02 Partial Utilization ........................................................................................................................ 32
12.03 Final Inspection ........................................................................................................................... 32
12.04 Final Acceptance ......................................................................................................................... 33
Article 13 – Suspension of Work .................................................................................................................... 33
13.01 City May Suspend Work ............................................................................................................ 33
Article 14 – Miscellaneous .............................................................................................................................. 34
14.01 Giving Notice .............................................................................................................................. 34
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
14.02 Computation of Times ................................................................................................................ 34
14.03 Cumulative Remedies ................................................................................................................. 34
14.04 Survival of Obligations ............................................................................................................... 35
14.05 Headings ...................................................................................................................................... 35
00 73 10- 1
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 1 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
ARTICLE 1 – DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in these General Conditions or in other Contract Documents, the terms listed
below have the meanings indicated which are applicable to both the singular and plural thereof,
and words denoting gender shall include the masculine, feminine and neuter. Said terms are
generally capitalized or written in italics, but not always. When used in a context consistent with
the definition of a listed-defined term, the term shall have a meaning as defined below whether
capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
1. Agreement - The written instrument which is evidence of the agreement between Developer
and Contractor covering the Work
2. Asbestos—Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
3. Business Day – A business day is defined as a day that the City conducts normal business,
generally Monday through Friday, except for federal or state holidays observed by the City.
4. Buzzsaw – City’s on-line, electronic document management and collaboration system.
5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight.
6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by,
its governing body through its City Manager, his designee, or agents authorized pursuant to
its duly authorized charter on his behalf.
7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City
for the Construction of one or more following public facilities within the City public right-of-
way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs.
A CFA may include private facilities within the right-of-way dedicated as private right-of-
way or easement on a recorded plat.
8. Contract—The entire and integrated written document incorporating the Contract
Documents between the Developer, Contractor, and/or City concerning the Work. The
Contract supersedes prior negotiations, representations, or agreements, whether written or
oral.
9. Contract Documents—Those items that make up the contract and which must include the
Agreement, and it’s attachments such as standard construction specifications, standard City
Conditions, other general conditions of the Developer, including:
a. An Agreement
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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.
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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.
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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.
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41. Work—The entire construction or the various separately identifiable parts thereof required
to be provided under the Contract Documents. Work includes and is the result of performing
or providing all labor, services, and documentation necessary to produce such construction
including any Participating Change Order, Non-Participating Change Order, or Field
Order, and furnishing, installing, and incorporating all materials and equipment into such
construction, all as required by the Contract Documents.
42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or
legal holidays authorized by the City for contract purposes, in which weather or other
conditions not under the control of the Contractor will permit the performance of the
principal unit of work underway for a continuous period of not less than 7 hours between 7
a.m. and 6 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Defective:
1. The word “defective,” when modifying the word “Work,” refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to City’s written acceptance.
C. Furnish, Install, Perform, Provide:
1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or
the word “Supply,” or any combination or similar directive or usage thereof, shall mean
furnishing and incorporating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
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ARTICLE 2 – PRELIMINARY MATTERS
2.01 Before Starting Construction
Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting
the Work. New schedules will be submitted to City when Participating Change Orders or Non-
Participating Change Orders occur.
2.02 Preconstruction Conference
Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as
specified in the Contract Documents.
2.03 Public Meeting
Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor
attending the Public Meeting as scheduled by the City.
ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING
3.01 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
1. Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision or instruction shall be effective to assign to City, or any of its officers,
directors, members, partners, employees, agents, consultants, or subcontractors, any duty or
authority to supervise or direct the performance of the Work or any duty or authority to
undertake responsibility inconsistent with the provisions of the Contract Documents.
3.02 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by a Participating Change Order or a
Non-Participating Change Order.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work not involving a change in Contract Price or Contract Time, may be
authorized, by one or more of the following ways:
1. A Field Order;
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1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or
2. City’s written interpretation or clarification.
ARTICLE 4 – BONDS AND INSURANCE
4.01 Licensed Sureties and Insurers
All bonds and insurance required by the Contract Documents to be purchased and maintained by
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Texas to issue bonds or insurance policies for the limits and coverage so required.
Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided Section 4.04.
4.02 Performance, Payment, and Maintenance Bonds
A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in
accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount
equal to the Contract Price as security for the faithful performance and payment of all of
Contractor’s obligations under the Contract Documents.
B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount
equal to the Contract Price as security to protect the City against any defects in any portion of the
Work described in the Contract Documents. Maintenance bonds shall remain in effect for two
(2) years after the date of Final Acceptance by the City.
C. All bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list
of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and
as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed
by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney
which shall show that it is effective on the date the agent or attorney-in-fact signed each bond.
D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in the State of Texas or it ceases to meet the requirements of
Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event
giving rise to such notification, provide another bond and surety, both of which shall comply
with the requirements of Paragraphs 4.01 and 4.02.C.
4.03 Certificates of Insurance
Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee
identified in these Standard City Conditions certificates of insurance (and other evidence of
insurance requested by City or any other additional insured) which Contractor is required to
purchase and maintain.
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STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
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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
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lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups, must also be approved by City.
10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a
first-dollar basis, must be acceptable to and approved by the City.
11. City, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverage’s and their limits when deemed
necessary and prudent by the City based upon changes in statutory law, court decision or the
claims history of the industry as well as of the contracting party to the City. The City shall
be required to provide prior notice of 90 days, and the insurance adjustments shall be
incorporated into the Work by Change Order.
12. City shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto and may make any reasonable requests for deletion or revision or
modifications of particular policy terms, conditions, limitations, or exclusions necessary to
conform the policy and endorsements to the requirements of the Contract. Deletions,
revisions, or modifications shall not be required where policy provisions are established by
law or regulations binding upon either party or the underwriter on any such policies.
13. City shall not be responsible for the direct payment of insurance premium costs for
Contractor’s insurance.
4.04 Contractor’s Insurance
A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such
insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’
Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for
Employers’ Liability as is appropriate for the Work being performed and as will provide
protection from claims set forth below which may arise out of or result from Contractor’s
performance of the Work and Contractor’s other obligations under the Contract Documents,
whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly
or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any of them may be liable:
1. claims under workers’ compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor’s employees.
3. The limits of liability for the insurance shall provide the following coverages for not less
than the following amounts or greater where required by Laws and Regulations
a. Statutory limits
b. Employer's liability
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1) $100,000 each accident/occurrence
2) $100,000 Disease - each employee
3) $500,000 Disease - policy limit
B. Commercial General Liability. Coverage shall include but not be limited to covering liability
(bodily injury or property damage) arising from: premises/operations, independent contractors,
products/completed operations, personal injury, and liability under an insured contract. Insurance
shall be provided on an occurrence basis, and as comprehensive as the current Insurance
Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to
any other insurance or self-insurance programs afforded to the City. The Commercial General
Liability policy, shall have no exclusions by endorsements that would alter of nullify
premises/operations, products/completed operations, contractual, personal injury, or advertising
injury, which are normally contained with the policy, unless the City approves such exclusions
in writing.
1. For construction projects that present a substantial completed operation exposure, the City
may require the contractor to maintain completed operations coverage for a minimum of no
less than three (3) years following the completion of the project
2. Contractor's Liability Insurance under this Section which shall be on a per project basis
covering the Contractor with minimum limits of:
a. $1,000,000 each occurrence
b. $2,000,000 aggregate limit
3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance)
making the General Aggregate Limits apply separately to each job site.
4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U”
coverage’s. Verification of such coverage must be shown in the Remarks Article of the
Certificate of Insurance.
C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”,
defined as autos owned, hired and non-owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone
for whose acts any of them may be liable.
1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in
an amount not less than the following amounts:
a. Automobile Liability - a commercial business policy shall provide coverage on "Any
Auto", defined as autos owned, hired and non-owned.
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1) $1,000,000 each accident on a combined single limit basis. Split limits are
acceptable if limits are at least:
2) $250,000 Bodily Injury per person
3) $500,000 Bodily Injury per accident /
4) $100,000 Property Damage
D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the following requirements:
1. The Contractor’s construction activities will require its employees, agents, subcontractors,
equipment, and material deliveries to cross railroad properties and tracks owned and
operated by: ____________________________________________________________
Write the name of the railroad company. (If none, then write none)
2. The Contractor shall conduct its operations on railroad properties in such a manner as not to
interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use
or operation of its/their trains or other property. Such operations on railroad properties may
require that Contractor to execute a “Right of Entry Agreement” with the particular railroad
company or companies involved, and to this end the Contractor should satisfy itself as to the
requirements of each railroad company and be prepared to execute the right-of-entry (if any)
required by a railroad company. The requirements specified herein likewise relate to the
Contractor’s use of private and/or construction access roads crossing said railroad company’s
properties.
3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions
shall provide coverage for not less than the following amounts, issued by companies
satisfactory to the City and to the Railroad Company for a term that continues for so long as
the Contractor’s operations and work cross, occupy, or touch railroad property:
a. General Aggregate: _____________________________________
Enter limits provided by Railroad Company (If none, write none)
b. Each Occurrence: : _____________________________________
Enter limits provided by Railroad Company (If none, write none)
4. With respect to the above outlined insurance requirements, the following shall govern:
a. Where a single railroad company is involved, the Contractor shall provide one insurance
policy in the name of the railroad company. However, if more than one grade separation
or at-grade crossing is affected by the Project at entirely separate locations on the line or
lines of the same railroad company, separate coverage may be required, each in the
amount stated above.
b. Where more than one railroad company is operating on the same right-of-way or where
several railroad companies are involved and operated on their own separate rights-of-
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way, the Contractor may be required to provide separate insurance policies in the name
of each railroad company.
c. If, in addition to a grade separation or an at-grade crossing, other work or activity is
proposed on a railroad company’s right-of-way at a location entirely separate from the
grade separation or at-grade crossing, insurance coverage for this work must be included
in the policy covering the grade separation.
d. If no grade separation is involved but other work is proposed on a railroad company’s
right-of-way, all such other work may be covered in a single policy for that railroad, even
though the work may be at two or more separate locations.
5. No work or activities on a railroad company’s property to be performed by the Contractor
shall be commenced until the Contractor has furnished the City with an original policy or
policies of the insurance for each railroad company named, as required above. All such
insurance must be approved by the City and each affected Railroad Company prior to the
Contractor’s beginning work.
6. The insurance specified above must be carried until all Work to be performed on the railroad
right-of-way has been completed and the grade crossing, if any, is no longer used by the
Contractor. In addition, insurance must be carried during all maintenance and/or repair work
performed in the railroad right-of-way. Such insurance must name the railroad company as
the insured, together with any tenant or lessee of the railroad company operating over tracks
involved in the Project.
E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation
or other loss of insurance coverage. Contractor shall stop work until replacement insurance has
been procured. There shall be no time credit for days not worked pursuant to this section.
4.05 Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the Developer and City shall so notify the
Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence
requested). Contractor shall provide to the City such additional information in respect of insurance
provided as the Developer or City may reasonably request. If Contractor does not purchase or
maintain all of the bonds and insurance required by the Contract Documents, the Developer or City
shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure
to maintain prior to any change in the required coverage.
ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES
5.01 Supervision and Superintendent
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
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Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction.
B. At all times during the progress of the Work, Contractor shall assign a competent, English-
speaking, Superintendent who shall not be replaced without written notice to City. The
Superintendent will be Contractor’s representative at the Site and shall have authority to act on
behalf of Contractor. All communication given to or received from the Superintendent shall be
binding on Contractor.
C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of
construction.
5.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to perform construction as
required by the Contract Documents. Contractor shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. Contractor will not permit the
performance of Work beyond Regular Working Hours or for Weekend Working Hours without
City’s written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication) to perform Work:
1. for beyond Regular Working Hours request must be made by noon at least two (2) Business
Days prior
2. for Weekend Working Hours request must be made by noon of the preceding Thursday
3. for legal holidays request must be made by noon two Business Days prior to the legal
holiday.
5.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary
facilities, temporary facilities, and all other facilities and incidentals necessary for the
performance, Contractor required testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of materials and equipment.
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STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
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C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
5.04 Project Schedule
A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01
and the General Requirements as it may be adjusted from time to time as provided below.
1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and
the General Requirements) proposed adjustments in the Project Schedule.
2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 9. Adjustments in Contract Time
for projects with City participation shall be made by participating change orders.
5.05 Substitutes and “Or-Equals”
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or “or-equal” item or no substitution is permitted, other items of material or equipment of other
Suppliers may be submitted to City for review under the circumstances described below.
1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by
Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an “or-equal” item, in which
case review and approval of the proposed item may, in City’s sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. City determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service; and
b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time; and
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CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substitute Items:
a. If in City’s sole discretion an item of material or equipment proposed by Contractor does
not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow City to
determine if the item of material or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by City from anyone other than
Contractor.
c. Contractor shall make written application to City for review of a proposed substitute item
of material or equipment that Contractor seeks to furnish or use. The application shall
comply with Section 01 25 00 and:
1) shall certify that the proposed substitute item will:
i. perform adequately the functions and achieve the results called for by the general
design;
ii. be similar in substance to that specified;
iii. be suited to the same use as that specified; and
2) will state:
i. the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor’s achievement of final completion on time;
ii. whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
iii. whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
i. all variations of the proposed substitute item from that specified;
ii. available engineering, sales, maintenance, repair, and replacement services; and
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CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by City. Contractor shall submit sufficient information to allow City, in
City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly
called for by the Contract Documents. Contractor shall make written application to City for
review in the same manner as those provided in Paragraph 5.05.A.2.
C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require
Contractor to furnish additional data about the proposed substitute. City will be the sole judge of
acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination.
D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special
performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall
indemnify and hold harmless City and anyone directly or indirectly employed by them from and
against any and all claims, damages, losses and expenses (including attorneys fees) arising out
of the use of substituted materials or equipment.
E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or
submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City
approves a substitute so proposed or submitted by Contractor, Contractor may be required to
reimburse City for evaluating each such proposed substitute. Contractor may also be required to
reimburse City for the charges for making changes in the Contract Documents.
F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or
“or-equal” at Contractor’s expense.
G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute
shall be incorporated to the Contract by Participating Change Order.
5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors)
A. The Contractor and any subcontractors are required to be prequalified for the work types
requiring pre-qualification
5.07 Concerning Subcontractors, Suppliers, and Others
A. Minority and Women Owned Business Enterprise Compliance:
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CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
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Required for this Contract.
(Check this box if there is any City Participation)
Not Required for this Contract.
It is City policy to ensure the full and equitable participation by Minority and Women Business
Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the
Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent
of the City’s MWBE Ordinance (as amended) by the following:
1. Contractor shall, upon request by City, provide complete and accurate information regarding
actual work performed by a MWBE on the Contract and payment therefor.
2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without
written consent of the City. Any unjustified change or deletion shall be a material breach of
Contract and may result in debarment in accordance with the procedures outlined in the
Ordinance.
3. Contractor shall, upon request by City, allow an audit and/or examination of any books,
records, or files in the possession of the Contractor that will substantiate the actual work
performed by an MWBE. Material misrepresentation of any nature will be grounds for
termination of the Contract. Any such misrepresentation may be grounds for disqualification
of Contractor to bid on future contracts with the City for a period of not less than three years.
B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work just as
Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract
Documents:
1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between City and any such Subcontractor, Supplier or other
individual or entity; nor
2. shall create any obligation on the part of City to pay or to see to the payment of any moneys
due any such Subcontractor, Supplier, or other individual or entity except as may otherwise
be required by Laws and Regulations.
C. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with Contractor.
D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing
any of the Work shall communicate with City through Contractor.
E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract
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CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
Documents, Contractor shall provide City contract numbers and reference numbers to the
Subcontractors and/or Suppliers.
5.08 Wage Rates
Required for this Contract.
Not Required for this Contract.
A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of
Chapter 2258, Texas Government Code (as amended), including the payment of not less than the
rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in
accordance with Chapter 2258. Such prevailing wage rates are included in these Contract
Documents.
B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage
shall, upon demand made by the City, pay to the City $60 for each worker employed for each
calendar day or part of the day that the worker is paid less than the prevailing wage rates
stipulated in these contract documents. This penalty shall be retained by the City to offset its
administrative costs, pursuant to Texas Government Code 2258.023.
C. Complaints of Violations and City Determination of Good Cause. On receipt of information,
including a complaint by a worker, concerning an alleged violation of 2258.023, Texas
Government Code, by a Contractor or Subcontractor, the City shall make an initial
determination, before the 31st day after the date the City receives the information, as to whether
good cause exists to believe that the violation occurred. The City shall notify in writing the
Contractor or Subcontractor and any affected worker of its initial determination. Upon the
City’s determination that there is good cause to believe the Contractor or Subcontractor has
violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or
claimants as the difference between wages paid and wages due under the prevailing wage rates,
such amounts being subtracted from successive progress payments pending a final determination
of the violation.
D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of
Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected
worker, shall be submitted to binding arbitration in accordance with the Texas General
Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any
affected worker does not resolve the issue by agreement before the 15th day after the date the
City makes its initial determination pursuant to Paragraph C above. If the persons required to
arbitrate under this section do not agree on an arbitrator before the 11th day after the date that
arbitration is required, a district court shall appoint an arbitrator on the petition of any of the
persons. The City is not a party in the arbitration. The decision and award of the arbitrator is
final and binding on all parties and may be enforced in any court of competent jurisdiction.
E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3)
years following the date of acceptance of the work, maintain records that show (i) the name and
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STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
occupation of each worker employed by the Contractor in the construction of the Work provided
for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be
open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right
to Audit, shall pertain to this inspection.
F. Progress Payments. With each progress payment or payroll period, whichever is less, the
Contractor shall submit an affidavit stating that the Contractor has complied with the
requirements of Chapter 2258, Texas Government Code.
G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at
all times.
H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall
otherwise require all of its Subcontractors to comply with Paragraphs A through G above.
5.09 Patent Fees and Royalties
A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to any infringement of
patent rights or copyrights incident to the use in the performance of the Work or resulting from
the incorporation in the Work of any invention, design, process, product, or device not specified
in the Contract Documents.
5.10 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s
compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws
or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor’s responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor’s obligations under Paragraph 3.01.
5.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
1. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
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CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
other materials or equipment. Contractor shall assume full responsibility for any damage to
any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is
carrying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work, the City may require the Contractor to finish the
section on which operations are in progress before work is commenced on any additional
area of the Site.
3. Should any Damage Claim be made by any such owner or occupant because of the
performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim.
4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and
against all claims, costs, losses, and damages arising out of or relating to any claim or
action, legal or equitable, brought by any such owner or occupant against City.
B. Removal of Debris During Performance of the Work: During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the
clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the
Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as
the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the
written notice (by letter or electronic communication), and shall be entitled to recover its cost in
doing so. The City may withhold Final Acceptance until clean-up is complete and cost are
recovered.
D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and
the Work and make it ready for utilization by City or adjacent property owner. At the completion
of the Work Contractor shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded
in any manner that will endanger the structure, nor shall Contractor subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
5.12 Record Documents
A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor
and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated
to show changes made during construction. These record documents together with all approved
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STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
Samples and a counterpart of all accepted Submittals will be available to City for reference.
Upon completion of the Work, these record documents, any operation and maintenance manuals,
and Submittals will be delivered to City prior to Final Inspection. Contractor shall include
accurate locations for buried and imbedded items.
5.13 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on
or off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal, relocation, and replacement of their property.
C. Contractor shall comply with the applicable requirements of City’s safety programs, if any.
D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any,
with which City’s employees and representatives must comply while at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused,
directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any
other individual or entity directly or indirectly employed by any of them to perform any of the
Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor.
F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and City has accepted the Work.
5.14 Safety Representative
Contractor shall inform City in writing of Contractor’s designated safety representative at the Site.
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CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
5.15 Hazard Communication Programs
Contractor shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or
among employers in accordance with Laws or Regulations.
5.16 Submittals
A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal
will be identified as required by City.
1. Submit number of copies specified in the General Requirements.
2. Data shown on the Submittals will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and similar data to show City the
services, materials, and equipment Contractor proposes to provide and to enable City to
review the information for the limited purposes required by Paragraph 5.16.C.
3. Submittals submitted as herein provided by Contractor and reviewed by City for
conformance with the design concept shall be executed in conformity with the Contract
Documents unless otherwise required by City.
4. When Submittals are submitted for the purpose of showing the installation in greater detail,
their review shall not excuse Contractor from requirements shown on the Drawings and
Specifications.
5. For-Information-Only submittals upon which the City is not expected to conduct review or
take responsive action may be so identified in the Contract Documents.
6. Submit required number of Samples specified in the Specifications.
7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City to review the
submittal for the limited purposes required by Paragraph 5.16.C.
B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City’s review and acceptance of the pertinent submittal will be
at the sole expense and responsibility of Contractor.
C. City’s Review:
1. City will provide timely review of required Submittals in accordance with the Schedule of
Submittals acceptable to City. City’s review and acceptance will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, conform
to the information given in the Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract
Documents.
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STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and
acceptance of a separate item as such will not indicate approval of the assembly in which the
item functions.
3. City’s review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Section 01 33 00 and City has given written acceptance of each
such variation by specific written notation thereof incorporated in or accompanying the
Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for
complying with the requirements of the Contract Documents.
5.17 Contractor’s General Warranty and Guarantee
A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor’s warranty and guarantee.
B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
2. normal wear and tear under normal usage.
C. Contractor’s obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor’s obligation to
perform the Work in accordance with the Contract Documents:
1. observations by City;
2. recommendation or payment by City or Developer of any progress or final payment;
3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by
City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal by City;
6. any inspection, test, or approval by others; or
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7. any correction of defective Work by City.
D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to
other work or property resulting therefrom which shall appear within a period of two (2) years
from the date of Final Acceptance of the Work unless a longer period is specified and shall
furnish a good and sufficient maintenance bond, complying with the requirements of Article
4.02.B. The City will give notice of observed defects with reasonable promptness.
5.18 Indemnification
A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the
City, its officers, servants and employees, from and against any and all claims arising out of, or
alleged to arise out of, the work and services to be performed by the Contractor, its officers,
agents, employees, subcontractors, licenses or invitees under this Contract. THIS
INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE
AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME
OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY
ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is
intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by
the City in defending against such claims and causes of actions.
B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its
officers, servants and employees, from and against any and all loss, damage or destruction of
property of the City, arising out of, or alleged to arise out of, the work and services to be
performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees
under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY
INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR
PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE
CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF
THE CITY.
5.19 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out Contractor’s responsibilities for construction means, methods,
techniques, sequences and procedures.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, City
will specify all performance and design criteria that such services must satisfy. Contractor shall
cause such services or certifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittals prepared by such professional. Submittals related to the Work designed or certified
by such professional, if prepared by others, shall bear such professional’s written approval when
submitted to City.
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C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by such design professionals, provided City has specified
to Contractor performance and design criteria that such services must satisfy.
D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design
drawings will be only for the limited purpose of checking for conformance with performance
and design criteria given and the design concept expressed in the Contract Documents. City’s
review and acceptance of Submittals (except design calculations and design drawings) will be
only for the purpose stated in Paragraph 5.16.C.
5.20 Right to Audit:
A. The City reserves the right to audit all projects utilizing City funds
B. The Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of the Contractor involving transactions relating
to this Contract. Contractor agrees that the City shall have access during Regular Working Hours
to all necessary Contractor facilities and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this Paragraph. The City shall
give Contractor reasonable advance notice of intended audits.
C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that
the subcontractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of such Subcontractor, involving transactions to
the subcontract, and further, that City shall have access during Regular Working Hours to all
Subcontractor facilities, and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this Paragraph. The City shall give
Subcontractor reasonable advance notice of intended audits.
D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the
City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
5.21 Nondiscrimination
A. The City is responsible for operating Public Transportation Programs and implementing transit-
related projects, which are funded in part with Federal financial assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race, color, or national
origin.
B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 26 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
ARTICLE 6 – OTHER WORK AT THE SITE
6.01 Related Work at Site
A. City may perform other work related to the Project at the Site with City’s employees, or other
City contractors, or through other direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Contract Documents, then written notice
thereof will be given to Contractor prior to starting any such other work; and
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility
owner, and City, if City is performing other work with City’s employees or other City
contractors, proper and safe access to the Site, provide a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of
the Work that may be required to properly connect or otherwise make its several parts come
together and properly integrate with such other work. Contractor shall not endanger any work of
others by cutting, excavating, or otherwise altering such work; provided, however, that
Contractor may cut or alter others' work with the written consent of City and the others whose
work will be affected.
C. If the proper execution or results of any part of Contractor’s Work depends upon work
performed by others under this Article 7, Contractor shall inspect such other work and promptly
report to City in writing any delays, defects, or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s
failure to so report will constitute an acceptance of such other work as fit and proper for
integration with Contractor’s Work except for latent defects in the work provided by others.
ARTICLE 7 – CITY’S RESPONSIBILITIES
7.01 Inspections, Tests, and Approvals
City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
11.03.
7.02 Limitations on City’s Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. City will not be responsible for
Contractor’s failure to perform the Work in accordance with the Contract Documents.
B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13.
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Page 27 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
7.03 Compliance with Safety Program
While at the Site, City’s employees and representatives shall comply with the specific applicable
requirements of Contractor’s safety programs of which City has been informed pursuant to
Paragraph 5.13.
ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION
8.01 City’s Project Representative
City will provide one or more Project Representative(s) during the construction period. The duties
and responsibilities and the limitations of authority of City’s representative during construction are
set forth in the Contract Documents.
A. City’s Project Representative will make visits to the Site at intervals appropriate to the various
stages of construction as City deems necessary in order to observe the progress that has been
made and the quality of the various aspects of Contractor’s executed Work. Based on
information obtained during such visits and observations, City’s Project Representative will
determine, in general, if the Work is proceeding in accordance with the Contract Documents.
City’s Project Representative will not be required to make exhaustive or continuous inspections
on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts
will be directed toward providing City a greater degree of confidence that the completed Work
will conform generally to the Contract Documents.
B. City’s Project Representative’s visits and observations are subject to all the limitations on
authority and responsibility in the Contract Documents.
8.02 Authorized Variations in Work
City’s Project Representative may authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the Contract Price or the Contract
Time and are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on City Developer, and also on Contractor, who shall perform the Work involved promptly.
8.03 Rejecting Defective Work
City will have authority to reject Work which City’s Project Representative believes to be defective,
or will not produce a completed Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. City will have authority to conduct special inspection or
testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or
completed.
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Page 28 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
8.04 Determinations for Work Performed
Contractor will determine the actual quantities and classifications of Work performed. City’s Project
Representative will review with Contractor the preliminary determinations on such matters before
rendering a written recommendation. City’s written decision will be final (except as modified to
reflect changed factual conditions or more accurate data).
ARTICLE 9 – CHANGES IN THE WORK
9.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, City may, at any time or
from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall
promptly proceed with the Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise specifically provided). Extra Work
shall be memorialized by a Participating Change Order which may or may not precede an order
of Extra work.
B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a
project with City participation, a Field Order may be issued by the City.
9.02 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s
responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the
effect of any such change.
ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME
10.01 Change of Contract Price
A. The Contract Price may only be changed by a Participating Change Order for projects with City
participation.
10.02 Change of Contract Time
A. The Contract Time may only be changed by a Participating Change Order for projects with City
participation.
10.03 Delays
A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 29 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
11.01 Notice of Defects
Notice of all defective Work of which City has actual knowledge will be given to Contractor.
Defective Work may be rejected, corrected, or accepted as provided in this Article 13.
11.02 Access to Work
City, independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them of
Contractor’s safety procedures and programs so that they may comply therewith as applicable.
11.03 Tests and Inspections
A. Contractor shall give City timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any
of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full
responsibility for arranging and obtaining such independent inspections, tests, retests or
approvals, pay all costs in connection therewith, and furnish City the required certificates of
inspection or approval; excepting, however, those fees specifically identified in the
Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR)
inspections, which shall be paid as described in the Supplementary Conditions.
C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or
equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment
submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work.
Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by
City.
D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to
perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by
City.
1. City will coordinate such Testing to the extent possible, with Contractor;
2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
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CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the
Testing Lab by Contractor. City will forward all invoices for retests to
Developer/Contractor.
4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance
until the Testing Lab is Paid
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of City, Contractor shall, if requested by City, uncover
such Work for observation.
11.04 Uncovering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s
expense.
11.05 City May Stop the Work
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials
or equipment, or fails to perform the Work in such a way that the completed Work will conform to
the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until
the cause for such order has been eliminated; however, this right of City to stop the Work shall not
give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any
Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent
of any of them.
11.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to
an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has
been rejected by City, remove it from the Project and replace it with Work that is not defective.
Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such correction
or removal (including but not limited to all costs of repair or replacement of work of others).
Failure to require the removal of any defective Work shall not constitute acceptance of such
Work.
B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07,
Contractor shall take no action that would void or otherwise impair City’s special warranty and
guarantee, if any, on said Work.
11.07 Correction Period
A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
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CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
Documents), any Work is found to be defective, or if the repair of any damages to the land or
areas made available for Contractor’s use by City or permitted by Laws and Regulations as
contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without
cost to City and in accordance with City’s written instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by City, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement (including
but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.
C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 11.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of one year after the end
of the initial correction period. City shall provide 30 days written notice to Contractor and
Developer should such additional warranty coverage be required. Contractor’s obligations under
this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this
Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any
applicable statute of limitation or repose.
11.08 City May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with Paragraph
11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such
deficiency.
B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor’s services related thereto, and incorporate in the Work all materials and equipment
incorporated in the Work, stored at the Site or for which City has paid Contractor but which are
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
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CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants,
employees, and City’s other contractors, access to the Site to enable City to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph
13.09 will be charged against Contractor, and a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work; and City shall be
entitled to an appropriate decrease in the Contract Price.
D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City’s rights and remedies under this
Paragraph 11.09.
ARTICLE 12 – COMPLETION
12.01 Contractor’s Warranty of Title
Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment will pass to City no later than the time of Final Acceptance and shall be
free and clear of all Liens.
12.02 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which
City, determines constitutes a separately functioning and usable part of the Work that can be
used by City for its intended purpose without significant interference with Contractor’s
performance of the remainder of the Work. City at any time may notify Contractor in writing to
permit City to use or occupy any such part of the Work which City determines to be ready for its
intended use, subject to the following conditions:
1. Contractor at any time may notify City in writing that Contractor considers any such part of
the Work ready for its intended use.
2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and
Contractor shall make an inspection of that part of the Work to determine its status of
completion. If City does not consider that part of the Work to be substantially complete, City
will notify Contractor in writing giving the reasons therefor.
3. Partial Utilization will not constitute Final Acceptance by City.
12.03 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
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CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
1. within 10 days, City will schedule a Final Inspection with Contractor.
2. City will notify Contractor in writing of all particulars in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
12.04 Final Acceptance
A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the
Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction
of the following:
1. All documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.03;
2. consent of the surety, if any, to Final Acceptance;
3. a list of all pending or released Damage Claims against City that Contractor believes are
unsettled; and
4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to
City) of all Lien rights arising out of or Liens filed in connection with the Work.
5. after all Damage Claims have been resolved:
a. directly by the Contractor or;
b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s
insurance provider for resolution.
6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or
other requirements of the Contract Documents which specifically continue thereafter.
ARTICLE 13 – SUSPENSION OF WORK
13.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor
shall resume the Work on the date so fixed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will stop contract time on City
participation projects.
B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or negligence of the Contractor, and should it be determined by
mutual consent of the Contractor and City that a solution to allow construction to proceed is not
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Page 34 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
available within a reasonable period of time, Contractor may request an extension in Contract
Time, directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and he shall take every precaution to prevent damage or
deterioration of the work performed; he shall provide suitable drainage about the work, and erect
temporary structures where necessary.
ARTICLE 14 – MISCELLANEOUS
14.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
1. delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving party.
14.02 Computation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last
day of the period.
14.03 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 35 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
14.04 Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
14.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
01 11 00 - 1
DAP SUMMARY OF WORK
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT NO. 103629
SECTION 01 11 00 1
SUMMARY OF WORK 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Summary of Work to be performed in accordance with the Contract Documents 6
B. Deviations from this City of Fort Worth Standard Specification 7
1. None. 8
C. Related Specification Sections include, but are not necessarily limited to: 9
1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 10
2. Division 1 - General Requirements 11
1.2 PRICE AND PAYMENT PROCEDURES 12
A. Measurement and Payment 13
1. Work associated with this Item is considered subsidiary to the various items bid. 14
No separate payment will be allowed for this Item. 15
1.3 REFERENCES [NOT USED] 16
1.4 ADMINISTRATIVE REQUIREMENTS 17
A. Work Covered by Contract Documents 18
1. Work is to include furnishing all labor, materials, and equipment, and performing 19
all Work necessary for this construction project as detailed in the Drawings and 20
Specifications. 21
B. Subsidiary Work 22
1. Any and all Work specifically governed by documentary requirements for the 23
project, such as conditions imposed by the Drawings or Contract Documents in 24
which no specific item for bid has been provided for in the Proposal and the item is 25
not a typical unit bid item included on the standard bid item list, then the item shall 26
be considered as a subsidiary item of Work, the cost of which shall be included in 27
the price bid in the Proposal for various bid items. 28
C. Use of Premises 29
1. Coordinate uses of premises under direction of the City. 30
2. Assume full responsibility for protection and safekeeping of materials and 31
equipment stored on the Site. 32
3. Use and occupy only portions of the public streets and alleys, or other public places 33
or other rights-of-way as provided for in the ordinances of the City, as shown in the 34
Contract Documents, or as may be specifically authorized in writing by the City. 35
a. A reasonable amount of tools, materials, and equipment for construction 36
purposes may be stored in such space, but no more than is necessary to avoid 37
delay in the construction operations. 38
01 11 00 - 2
DAP SUMMARY OF WORK
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT NO. 103629
b. Excavated and waste materials shall be stored in such a way as not to interfere 1
with the use of spaces that may be designated to be left free and unobstructed 2
and so as not to inconvenience occupants of adjacent property. 3
c. If the street is occupied by railroad tracks, the Work shall be carried on in such 4
manner as not to interfere with the operation of the railroad. 5
1) All Work shall be in accordance with railroad requirements set forth in 6
Division 0 as well as the railroad permit. 7
D. Work within Easements 8
1. Do not enter upon private property for any purpose without having previously 9
obtained permission from the owner of such property. 10
2. Do not store equipment or material on private property unless and until the 11
specified approval of the property owner has been secured in writing by the 12
Contractor and a copy furnished to the City. 13
3. Unless specifically provided otherwise, clear all rights-of-way or easements of 14
obstructions which must be removed to make possible proper prosecution of the 15
Work as a part of the project construction operations. 16
4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 17
lawns, fences, culverts, curbing, and all other types of structures or improvements, 18
to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 19
appurtenances thereof, including the construction of temporary fences and to all 20
other public or private property adjacent to the Work. 21
5. Notify the proper representatives of the owners or occupants of the public or private 22
lands of interest in lands which might be affected by the Work. 23
a. Such notice shall be made at least 48 hours in advance of the beginning of the 24
Work. 25
b. Notices shall be applicable to both public and private utility companies and any 26
corporation, company, individual, or other, either as owners or occupants, 27
whose land or interest in land might be affected by the Work. 28
c. Be responsible for all damage or injury to property of any character resulting 29
from any act, omission, neglect, or misconduct in the manner or method or 30
execution of the Work, or at any time due to defective work, material, or 31
equipment. 32
6. Fence 33
a. Restore all fences encountered and removed during construction of the Project 34
to the original or a better than original condition. 35
b. Erect temporary fencing in place of the fencing removed whenever the Work is 36
not in progress and when the site is vacated overnight, and/or at all times to 37
provide site security. 38
c. The cost for all fence work within easements, including removal, temporary 39
closures and replacement, shall be subsidiary to the various items bid in the 40
project proposal, unless a bid item is specifically provided in the proposal. 41
01 11 00 - 3
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CITY PROJECT NO. 103629
1.5 SUBMITTALS [NOT USED] 1
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2
1.7 CLOSEOUT SUBMITTALS [NOT USED] 3
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4
1.9 QUALITY ASSURANCE [NOT USED] 5
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6
1.11 FIELD [SITE] CONDITIONS [NOT USED] 7
1.12 WARRANTY [NOT USED] 8
PART 2 - PRODUCTS [NOT USED] 9
PART 3 - EXECUTION [NOT USED] 10
END OF SECTION 11
12
Revision Log
DATE NAME SUMMARY OF CHANGE
13
01 25 00 - 1
DAP SUBSTITUTION PROCEDURES
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August 30, 2013
SECTION 01 25 00 1
SUBSTITUTION PROCEDURES 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. The procedure for requesting the approval of substitution of a product that is not 6
equivalent to a product which is specified by descriptive or performance criteria or 7
defined by reference to 1 or more of the following: 8
a. Name of manufacturer 9
b. Name of vendor 10
c. Trade name 11
d. Catalog number 12
2. Substitutions are not "or-equals". 13
B. Deviations from this City of Fort Worth Standard Specification 14
1. None. 15
C. Related Specification Sections include, but are not necessarily limited to: 16
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 17
2. Division 1 – General Requirements 18
1.2 PRICE AND PAYMENT PROCEDURES 19
A. Measurement and Payment 20
1. Work associated with this Item is considered subsidiary to the various items bid. No 21
separate payment will be allowed for this Item. 22
1.3 REFERENCES [NOT USED] 23
1.4 ADMINISTRATIVE REQUIREMENTS 24
A. Request for Substitution - General 25
1. Within 30 days after award of Contract (unless noted otherwise), the City will 26
consider formal requests from Contractor for substitution of products in place of 27
those specified. 28
2. Certain types of equipment and kinds of material are described in Specifications by 29
means of references to names of manufacturers and vendors, trade names, or catalog 30
numbers. 31
a. When this method of specifying is used, it is not intended to exclude from 32
consideration other products bearing other manufacturer's or vendor's names, 33
trade names, or catalog numbers, provided said products are "or-equals," as 34
determined by City. 35
3. Other types of equipment and kinds of material may be acceptable substitutions 36
under the following conditions: 37
a. Or-equals are unavailable due to strike, discontinued production of products 38
meeting specified requirements, or other factors beyond control of Contractor; 39
or, 40
01 25 00 - 2
DAP SUBSTITUTION PROCEDURES
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August 30, 2013
b. Contractor proposes a cost and/or time reduction incentive to the City. 1
1.5 SUBMITTALS 2
A. See Request for Substitution Form (attached) 3
B. Procedure for Requesting Substitution 4
1. Substitution shall be considered only: 5
a. After award of Contract 6
b. Under the conditions stated herein 7
2. Submit 3 copies of each written request for substitution, including: 8
a. Documentation 9
1) Complete data substantiating compliance of proposed substitution with 10
Contract Documents 11
2) Data relating to changes in construction schedule, when a reduction is 12
proposed 13
3) Data relating to changes in cost 14
b. For products 15
1) Product identification 16
a) Manufacturer's name 17
b) Telephone number and representative contact name 18
c) Specification Section or Drawing reference of originally specified 19
product, including discrete name or tag number assigned to original 20
product in the Contract Documents 21
2) Manufacturer's literature clearly marked to show compliance of proposed 22
product with Contract Documents 23
3) Itemized comparison of original and proposed product addressing product 24
characteristics including, but not necessarily limited to: 25
a) Size 26
b) Composition or materials of construction 27
c) Weight 28
d) Electrical or mechanical requirements 29
4) Product experience 30
a) Location of past projects utilizing product 31
b) Name and telephone number of persons associated with referenced 32
projects knowledgeable concerning proposed product 33
c) Available field data and reports associated with proposed product 34
5) Samples 35
a) Provide at request of City. 36
b) Samples become the property of the City. 37
c. For construction methods: 38
1) Detailed description of proposed method 39
2) Illustration drawings 40
C. Approval or Rejection 41
1. Written approval or rejection of substitution given by the City 42
2. City reserves the right to require proposed product to comply with color and pattern 43
of specified product if necessary to secure design intent. 44
3. In the event the substitution is approved, if a reduction in cost or time results, it will 45
be documented by Change Order. 46
01 25 00 - 3
DAP SUBSTITUTION PROCEDURES
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August 30, 2013
4. Substitution will be rejected if: 1
a. Submittal is not through the Contractor with his stamp of approval 2
b. Request is not made in accordance with this Specification Section 3
c. In the Developer’s opinion, acceptance will require substantial revision of the 4
original design 5
d. In the City’s or Developer’s opinion, substitution will not perform adequately 6
the function consistent with the design intent 7
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 8
1.7 CLOSEOUT SUBMITTALS [NOT USED] 9
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 10
1.9 QUALITY ASSURANCE 11
A. In making request for substitution or in using an approved product, the Contractor 12
represents that the Contractor: 13
1. Has investigated proposed product, and has determined that it is adequate or 14
superior in all respects to that specified, and that it will perform function for which it 15
is intended 16
2. Will provide same guarantee for substitute item as for product specified 17
3. Will coordinate installation of accepted substitution into Work, to include building 18
modifications if necessary, making such changes as may be required for Work to be 19
complete in all respects 20
4. Waives all claims for additional costs related to substitution which subsequently 21
arise 22
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 23
1.11 FIELD [SITE] CONDITIONS [NOT USED] 24
1.12 WARRANTY [NOT USED] 25
PART 2 - PRODUCTS [NOT USED] 26
PART 3 - EXECUTION [NOT USED] 27
END OF SECTION 28
29
Revision Log
DATE NAME SUMMARY OF CHANGE
30
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August 30, 2013
EXHIBIT A 1
REQUEST FOR SUBSTITUTION FORM: 2
3
TO: 4
PROJECT: DATE: 5
We hereby submit for your consideration the following product instead of the specified item for 6
the above project: 7
SECTION PARAGRAPH SPECIFIED ITEM 8
9
10
Proposed Substitution: 11
Reason for Substitution: 12
Include complete information on changes to Drawings and/or Specifications which proposed 13
substitution will require for its proper installation. 14
15
Fill in Blanks Below: 16
A. Will the undersigned contractor pay for changes to the building design, including engineering 17
and detailing costs caused by the requested substitution? 18
19
20
B. What effect does substitution have on other trades? 21
22
23
C. Differences between proposed substitution and specified item? 24
25
26
D. Differences in product cost or product delivery time? 27
28
29
E. Manufacturer's guarantees of the proposed and specified items are: 30
31
Equal Better (explain on attachment) 32
The undersigned states that the function, appearance and quality are equivalent or superior to the 33
specified item. 34
Submitted By: For Use by City 35
36
Signature Recommended Recommended 37
as noted 38
39
Firm Not recommended Received late 40
Address By 41
Date 42
Date Remarks 43
Telephone 44
45
For Use by City: 46
47
Approved Rejected 48
City Date 49
01 31 19 - 1
DAP PRECONSTRUCTION MEETING
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August 30, 2013
SECTION 01 31 19 1
PRECONSTRUCTION MEETING 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Provisions for the preconstruction meeting to be held prior to the start of Work to 6
clarify construction contract administration procedures 7
B. Deviations from this City of Fort Worth Standard Specification 8
1. No construction schedule required unless requested by the City. 9
C. Related Specification Sections include, but are not necessarily limited to: 10
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11
2. Division 1 – General Requirements 12
1.2 PRICE AND PAYMENT PROCEDURES 13
A. Measurement and Payment 14
1. Work associated with this Item is considered subsidiary to the various items bid. 15
No separate payment will be allowed for this Item. 16
1.3 REFERENCES [NOT USED] 17
1.4 ADMINISTRATIVE REQUIREMENTS 18
A. Coordination 19
1. Attend preconstruction meeting. 20
2. Representatives of Contractor, subcontractors and suppliers attending meetings 21
shall be qualified and authorized to act on behalf of the entity each represents. 22
3. Meeting administered by City may be tape recorded. 23
a. If recorded, tapes will be used to prepare minutes and retained by City for 24
future reference. 25
B. Preconstruction Meeting 26
1. A preconstruction meeting will be held within 14 days after the delivery of the 27
distribution package to the City. 28
a. The meeting will be scheduled and administered by the City. 29
2. The Project Representative will preside at the meeting, prepare the notes of the 30
meeting and distribute copies of same to all participants who so request by fully 31
completing the attendance form to be circulated at the beginning of the meeting. 32
3. Attendance shall include: 33
a. Developer and Consultant 34
b. Contractor's project manager 35
c. Contractor's superintendent 36
d. Any subcontractor or supplier representatives whom the Contractor may desire 37
to invite or the City may request 38
01 31 19 - 2
DAP PRECONSTRUCTION MEETING
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August 30, 2013
e. Other City representatives 1
f. Others as appropriate 2
4. Preliminary Agenda may include: 3
a. Introduction of Project Personnel 4
b. General Description of Project 5
c. Status of right-of-way, utility clearances, easements or other pertinent permits 6
d. Contractor’s work plan and schedule 7
e. Contract Time 8
f. Notice to Proceed 9
g. Construction Staking 10
h. Progress Payments 11
i. Extra Work and Change Order Procedures 12
j. Field Orders 13
k. Disposal Site Letter for Waste Material 14
l. Insurance Renewals 15
m. Payroll Certification 16
n. Material Certifications and Quality Control Testing 17
o. Public Safety and Convenience 18
p. Documentation of Pre-Construction Conditions 19
q. Weekend Work Notification 20
r. Legal Holidays 21
s. Trench Safety Plans 22
t. Confined Space Entry Standards 23
u. Coordination with the City’s representative for operations of existing water 24
systems 25
v. Storm Water Pollution Prevention Plan 26
w. Coordination with other Contractors 27
x. Early Warning System 28
y. Contractor Evaluation 29
z. Special Conditions applicable to the project 30
aa. Damages Claims 31
bb. Submittal Procedures 32
cc. Substitution Procedures 33
dd. Correspondence Routing 34
ee. Record Drawings 35
ff. Temporary construction facilities 36
gg. MBE/SBE procedures 37
hh. Final Acceptance 38
ii. Final Payment 39
jj. Questions or Comments 40
01 31 19 - 3
DAP PRECONSTRUCTION MEETING
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August 30, 2013
1.5 SUBMITTALS [NOT USED] 1
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2
1.7 CLOSEOUT SUBMITTALS [NOT USED] 3
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4
1.9 QUALITY ASSURANCE [NOT USED] 5
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6
1.11 FIELD [SITE] CONDITIONS [NOT USED] 7
1.12 WARRANTY [NOT USED] 8
PART 2 - PRODUCTS [NOT USED] 9
PART 3 - EXECUTION [NOT USED] 10
END OF SECTION 11
12
Revision Log
DATE NAME SUMMARY OF CHANGE
13
01 31 20 - 1
DAP PROJECT MEETINGS
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised July 1, 2011
SECTION 01 31 20 1
PROJECT MEETINGS 2
3
PART 1 - GENERAL 4
1.1 SUMMARY 5
A. Section Includes: 6
1. Provisions for project meetings throughout the construction period to enable orderly 7
review of the progress of the Work and to provide for systematic discussion of 8
potential problems 9
B. Deviations this City of Fort Worth Standard Specification 10
1. None. 11
C. Related Specification Sections include, but are not necessarily limited to: 12
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 13
2. Division 1 – General Requirements 14
1.2 PRICE AND PAYMENT PROCEDURES 15
A. Measurement and Payment 16
1. Work associated with this Item is considered subsidiary to the various items bid. 17
No separate payment will be allowed for this Item. 18
1.3 REFERENCES [NOT USED] 19
1.4 ADMINISTRATIVE REQUIREMENTS 20
A. Coordination 21
1. Schedule, attend and administer as specified, periodic progress meetings, and 22
specially called meetings throughout progress of the Work. 23
2. Representatives of Contractor, subcontractors and suppliers attending meetings 24
shall be qualified and authorized to act on behalf of the entity each represents. 25
3. Meetings administered by City may be tape recorded. 26
a. If recorded, tapes will be used to prepare minutes and retained by City for 27
future reference. 28
4. Meetings, in addition to those specified in this Section, may be held when requested 29
by the City, Engineer or Contractor. 30
B. Pre-Construction Neighborhood Meeting 31
1. After the execution of the Agreement, but before construction is allowed to begin, 32
attend 1 Public Meeting with affected residents to: 33
a. Present projected schedule, including construction start date 34
b. Answer any construction related questions 35
2. Meeting Location 36
a. Location of meeting to be determined by the City. 37
3. Attendees 38
01 31 20 - 2
DAP PROJECT MEETINGS
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised July 1, 2011
a. Contractor 1
b. Project Representative 2
c. Other City representatives 3
4. Meeting Schedule 4
a. In general, the neighborhood meeting will occur within the 2 weeks following 5
the pre-construction conference. 6
b. In no case will construction be allowed to begin until this meeting is held. 7
C. Progress Meetings 8
1. Formal project coordination meetings will be held periodically. Meetings will be 9
scheduled and administered by Project Representative. 10
2. Additional progress meetings to discuss specific topics will be conducted on an as-11
needed basis. Such additional meetings shall include, but not be limited to: 12
a. Coordinating shutdowns 13
b. Installation of piping and equipment 14
c. Coordination between other construction projects 15
d. Resolution of construction issues 16
e. Equipment approval 17
3. The Project Representative will preside at progress meetings, prepare the notes of 18
the meeting and distribute copies of the same to all participants who so request by 19
fully completing the attendance form to be circulated at the beginning of each 20
meeting. 21
4. Attendance shall include: 22
a. Contractor's project manager 23
b. Contractor's superintendent 24
c. Any subcontractor or supplier representatives whom the Contractor may desire 25
to invite or the City may request 26
d. Engineer's representatives 27
e. City’s representatives 28
f. Others, as requested by the Project Representative 29
5. Preliminary Agenda may include: 30
a. Review of Work progress since previous meeting 31
b. Field observations, problems, conflicts 32
c. Items which impede construction schedule 33
d. Review of off-site fabrication, delivery schedules 34
e. Review of construction interfacing and sequencing requirements with other 35
construction contracts 36
f. Corrective measures and procedures to regain projected schedule 37
g. Revisions to construction schedule 38
h. Progress, schedule, during succeeding Work period 39
i. Coordination of schedules 40
j. Review submittal schedules 41
k. Maintenance of quality standards 42
l. Pending changes and substitutions 43
m. Review proposed changes for: 44
1) Effect on construction schedule and on completion date 45
2) Effect on other contracts of the Project 46
n. Review Record Documents 47
o. Review monthly pay request 48
01 31 20 - 3
DAP PROJECT MEETINGS
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised July 1, 2011
p. Review status of Requests for Information 1
6. Meeting Schedule 2
a. Progress meetings will be held periodically as determined by the Project 3
Representative. 4
1) Additional meetings may be held at the request of the: 5
a) City 6
b) Engineer 7
c) Contractor 8
7. Meeting Location 9
a. The City will establish a meeting location. 10
1) To the extent practicable, meetings will be held at the Site. 11
1.5 SUBMITTALS [NOT USED] 12
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 13
1.7 CLOSEOUT SUBMITTALS [NOT USED] 14
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15
1.9 QUALITY ASSURANCE [NOT USED] 16
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 17
1.11 FIELD [SITE] CONDITIONS [NOT USED] 18
1.12 WARRANTY [NOT USED] 19
PART 2 - PRODUCTS [NOT USED] 20
PART 3 - EXECUTION [NOT USED] 21
END OF SECTION 22
23
Revision Log
DATE NAME SUMMARY OF CHANGE
24
01 32 33 - 1
DAP PRECONSTRUCTION VIDEO
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August 30, 2013
SECTION 01 32 33 1
PRECONSTRUCTION VIDEO 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Administrative and procedural requirements for: 6
a. Preconstruction Videos 7
B. Deviations from this City of Fort Worth Standard Specification 8
1. Though not mandatory, it is highly recommended on infill developer projects. 9
C. Related Specification Sections include, but are not necessarily limited to: 10
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11
2. Division 1 – General Requirements 12
1.2 PRICE AND PAYMENT PROCEDURES 13
A. Measurement and Payment 14
1. Work associated with this Item is considered subsidiary to the various items bid. 15
No separate payment will be allowed for this Item. 16
1.3 REFERENCES [NOT USED] 17
1.4 ADMINISTRATIVE REQUIREMENTS 18
A. Preconstruction Video 19
1. Produce a preconstruction video of the site/alignment, including all areas in the 20
vicinity of and to be affected by construction. 21
a. Provide digital copy of video upon request by the City. 22
2. Retain a copy of the preconstruction video until the end of the maintenance surety 23
period. 24
1.5 SUBMITTALS [NOT USED] 25
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26
1.7 CLOSEOUT SUBMITTALS [NOT USED] 27
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28
1.9 QUALITY ASSURANCE [NOT USED] 29
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 30
1.11 FIELD [SITE] CONDITIONS [NOT USED] 31
1.12 WARRANTY [NOT USED] 32
PART 2 - PRODUCTS [NOT USED] 33
01 32 33 - 2
DAP PRECONSTRUCTION VIDEO
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August 30, 2013
PART 3 - EXECUTION [NOT USED] 1
END OF SECTION 2
3
Revision Log
DATE NAME SUMMARY OF CHANGE
4
01 33 00 - 1
DAP SUBMITTALS
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August 30, 2013
SECTION 01 33 00 1
DAP SUBMITTALS 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. General methods and requirements of submissions applicable to the following 6
Work-related submittals: 7
a. Shop Drawings 8
b. Product Data (including Standard Product List submittals) 9
c. Samples 10
d. Mock Ups 11
B. Deviations from this City of Fort Worth Standard Specification 12
1. None. 13
C. Related Specification Sections include, but are not necessarily limited to: 14
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15
2. Division 1 – General Requirements 16
1.2 PRICE AND PAYMENT PROCEDURES 17
A. Measurement and Payment 18
1. Work associated with this Item is considered subsidiary to the various items bid. 19
No separate payment will be allowed for this Item. 20
1.3 REFERENCES [NOT USED] 21
1.4 ADMINISTRATIVE REQUIREMENTS 22
A. Coordination 23
1. Notify the City in writing, at the time of submittal, of any deviations in the 24
submittals from the requirements of the Contract Documents. 25
2. Coordination of Submittal Times 26
a. Prepare, prioritize and transmit each submittal sufficiently in advance of 27
performing the related Work or other applicable activities, or within the time 28
specified in the individual Work Sections, of the Specifications. 29
b. Contractor is responsible such that the installation will not be delayed by 30
processing times including, but not limited to: 31
a) Disapproval and resubmittal (if required) 32
b) Coordination with other submittals 33
c) Testing 34
d) Purchasing 35
e) Fabrication 36
f) Delivery 37
g) Similar sequenced activities 38
c. No extension of time will be authorized because of the Contractor's failure to 39
transmit submittals sufficiently in advance of the Work. 40
01 33 00 - 2
DAP SUBMITTALS
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August 30, 2013
d. Make submittals promptly in accordance with approved schedule, and in such 1
sequence as to cause no delay in the Work or in the work of any other 2
contractor. 3
B. Submittal Numbering 4
1. When submitting shop drawings or samples, utilize a 9-character submittal cross-5
reference identification numbering system in the following manner: 6
a. Use the first 6 digits of the applicable Specification Section Number. 7
b. For the next 2 digits number use numbers 01-99 to sequentially number each 8
initial separate item or drawing submitted under each specific Section number. 9
c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. 10
A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 11
submittal number would be as follows: 12
13
03 30 00-08-B 14
15
1) 03 30 00 is the Specification Section for Concrete 16
2) 08 is the eighth initial submittal under this Specification Section 17
3) B is the third submission (second resubmission) of that particular shop 18
drawing 19
C. Contractor Certification 20
1. Review shop drawings, product data and samples, including those by 21
subcontractors, prior to submission to determine and verify the following: 22
a. Field measurements 23
b. Field construction criteria 24
c. Catalog numbers and similar data 25
d. Conformance with the Contract Documents 26
2. Provide each shop drawing, sample and product data submitted by the Contractor 27
with a Certification Statement affixed including: 28
a. The Contractor's Company name 29
b. Signature of submittal reviewer 30
c. Certification Statement 31
1) “By this submittal, I hereby represent that I have determined and verified 32
field measurements, field construction criteria, materials, dimensions, 33
catalog numbers and similar data and I have checked and coordinated each 34
item with other applicable approved shop drawings." 35
D. Submittal Format 36
1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 37
2. Bind shop drawings and product data sheets together. 38
3. Order 39
a. Cover Sheet 40
1) Description of Packet 41
2) Contractor Certification 42
b. List of items / Table of Contents 43
c. Product Data /Shop Drawings/Samples /Calculations 44
E. Submittal Content 45
1. The date of submission and the dates of any previous submissions 46
01 33 00 - 3
DAP SUBMITTALS
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August 30, 2013
2. The Project title and number 1
3. Contractor identification 2
4. The names of: 3
a. Contractor 4
b. Supplier 5
c. Manufacturer 6
5. Identification of the product, with the Specification Section number, page and 7
paragraph(s) 8
6. Field dimensions, clearly identified as such 9
7. Relation to adjacent or critical features of the Work or materials 10
8. Applicable standards, such as ASTM or Federal Specification numbers 11
9. Identification by highlighting of deviations from Contract Documents 12
10. Identification by highlighting of revisions on resubmittals 13
11. An 8-inch x 3-inch blank space for Contractor and City stamps 14
F. Shop Drawings 15
1. As specified in individual Work Sections includes, but is not necessarily limited to: 16
a. Custom-prepared data such as fabrication and erection/installation (working) 17
drawings 18
b. Scheduled information 19
c. Setting diagrams 20
d. Actual shopwork manufacturing instructions 21
e. Custom templates 22
f. Special wiring diagrams 23
g. Coordination drawings 24
h. Individual system or equipment inspection and test reports including: 25
1) Performance curves and certifications 26
i. As applicable to the Work 27
2. Details 28
a. Relation of the various parts to the main members and lines of the structure 29
b. Where correct fabrication of the Work depends upon field measurements 30
1) Provide such measurements and note on the drawings prior to submitting 31
for approval. 32
G. Product Data 33
1. For submittals of product data for products included on the City’s Standard Product 34
List, clearly identify each item selected for use on the Project. 35
2. For submittals of product data for products not included on the City’s Standard 36
Product List, submittal data may include, but is not necessarily limited to: 37
a. Standard prepared data for manufactured products (sometimes referred to as 38
catalog data) 39
1) Such as the manufacturer's product specification and installation 40
instructions 41
2) Availability of colors and patterns 42
3) Manufacturer's printed statements of compliances and applicability 43
4) Roughing-in diagrams and templates 44
5) Catalog cuts 45
6) Product photographs 46
01 33 00 - 4
DAP SUBMITTALS
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August 30, 2013
7) Standard wiring diagrams 1
8) Printed performance curves and operational-range diagrams 2
9) Production or quality control inspection and test reports and certifications 3
10) Mill reports 4
11) Product operating and maintenance instructions and recommended 5
spare-parts listing and printed product warranties 6
12) As applicable to the Work 7
H. Samples 8
1. As specified in individual Sections, include, but are not necessarily limited to: 9
a. Physical examples of the Work such as: 10
1) Sections of manufactured or fabricated Work 11
2) Small cuts or containers of materials 12
3) Complete units of repetitively used products color/texture/pattern swatches 13
and range sets 14
4) Specimens for coordination of visual effect 15
5) Graphic symbols and units of Work to be used by the City for independent 16
inspection and testing, as applicable to the Work 17
I. Do not start Work requiring a shop drawing, sample or product data nor any material to 18
be fabricated or installed prior to the approval or qualified approval of such item. 19
1. Fabrication performed, materials purchased or on-site construction accomplished 20
which does not conform to approved shop drawings and data is at the Contractor's 21
risk. 22
2. The City will not be liable for any expense or delay due to corrections or remedies 23
required to accomplish conformity. 24
3. Complete project Work, materials, fabrication, and installations in conformance 25
with approved shop drawings, applicable samples, and product data. 26
J. Submittal Distribution 27
1. Electronic Distribution 28
a. Confirm development of Project directory for electronic submittals to be 29
uploaded to City’s Buzzsaw site, or another external FTP site approved by the 30
City. 31
b. Shop Drawings 32
1) Upload submittal to designated project directory and notify appropriate 33
City representatives via email of submittal posting. 34
2) Hard Copies 35
a) 3 copies for all submittals 36
b) If Contractor requires more than 1 hard copy of Shop Drawings 37
returned, Contractor shall submit more than the number of copies listed 38
above. 39
c. Product Data 40
1) Upload submittal to designated project directory and notify appropriate 41
City representatives via email of submittal posting. 42
2) Hard Copies 43
a) 3 copies for all submittals 44
d. Samples 45
1) Distributed to the Project Representative 46
2. Hard Copy Distribution (if required in lieu of electronic distribution) 47
01 33 00 - 5
DAP SUBMITTALS
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August 30, 2013
a. Shop Drawings 1
1) Distributed to the City 2
2) Copies 3
a) 8 copies for mechanical submittals 4
b) 7 copies for all other submittals 5
c) If Contractor requires more than 3 copies of Shop Drawings returned, 6
Contractor shall submit more than the number of copies listed above. 7
b. Product Data 8
1) Distributed to the City 9
2) Copies 10
a) 4 copies 11
c. Samples 12
1) Distributed to the Project Representative 13
2) Copies 14
a) Submit the number stated in the respective Specification Sections. 15
3. Distribute reproductions of approved shop drawings and copies of approved 16
product data and samples, where required, to the job site file and elsewhere as 17
directed by the City. 18
a. Provide number of copies as directed by the City but not exceeding the number 19
previously specified. 20
K. Submittal Review 21
1. The review of shop drawings, data and samples will be for general conformance 22
with the design concept and Contract Documents. This is not to be construed as: 23
a. Permitting any departure from the Contract requirements 24
b. Relieving the Contractor of responsibility for any errors, including details, 25
dimensions, and materials 26
c. Approving departures from details furnished by the City, except as otherwise 27
provided herein 28
2. The review and approval of shop drawings, samples or product data by the City 29
does not relieve the Contractor from his/her responsibility with regard to the 30
fulfillment of the terms of the Contract. 31
a. All risks of error and omission are assumed by the Contractor, and the City will 32
have no responsibility therefore. 33
3. The Contractor remains responsible for details and accuracy, for coordinating the 34
Work with all other associated work and trades, for selecting fabrication processes, 35
for techniques of assembly and for performing Work in a safe manner. 36
4. If the shop drawings, data or samples as submitted describe variations and show a 37
departure from the Contract requirements which City finds to be in the interest of 38
the City and to be so minor as not to involve a change in Contract Price or time for 39
performance, the City may return the reviewed drawings without noting an 40
exception. 41
5. Submittals will be returned to the Contractor under 1 of the following codes: 42
a. Code 1 43
1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 44
comments on the submittal. 45
a) When returned under this code the Contractor may release the 46
equipment and/or material for manufacture. 47
b. Code 2 48
01 33 00 - 6
DAP SUBMITTALS
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August 30, 2013
1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 1
the notations and comments IS NOT required by the Contractor. 2
a) The Contractor may release the equipment or material for manufacture; 3
however, all notations and comments must be incorporated into the 4
final product. 5
c. Code 3 6
1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 7
assigned when notations and comments are extensive enough to require a 8
resubmittal of the package. 9
a) The Contractor may release the equipment or material for manufacture; 10
however, all notations and comments must be incorporated into the 11
final product. 12
b) This resubmittal is to address all comments, omissions and 13
non-conforming items that were noted. 14
c) Resubmittal is to be received by the City within 15 Calendar Days of 15
the date of the City's transmittal requiring the resubmittal. 16
d. Code 4 17
1) "NOT APPROVED" is assigned when the submittal does not meet the 18
intent of the Contract Documents. 19
a) The Contractor must resubmit the entire package revised to bring the 20
submittal into conformance. 21
b) It may be necessary to resubmit using a different manufacturer/vendor 22
to meet the Contract Documents. 23
6. Resubmittals 24
a. Handled in the same manner as first submittals 25
1) Corrections other than requested by the City 26
2) Marked with revision triangle or other similar method 27
a) At Contractor’s risk if not marked 28
b. Submittals for each item will be reviewed no more than twice at the City’s 29
expense. 30
1) All subsequent reviews will be performed at times convenient to the City 31
and at the Contractor's expense, based on the City's or City 32
Representative’s then prevailing rates. 33
2) Provide Contractor reimbursement to the City within 30 Calendar Days for 34
all such fees invoiced by the City. 35
c. The need for more than 1 resubmission or any other delay in obtaining City's 36
review of submittals, will not entitle the Contractor to an extension of Contract 37
Time. 38
7. Partial Submittals 39
a. City reserves the right to not review submittals deemed partial, at the City’s 40
discretion. 41
b. Submittals deemed by the City to be not complete will be returned to the 42
Contractor, and will be considered "Not Approved" until resubmitted. 43
c. The City may at its option provide a list or mark the submittal directing the 44
Contractor to the areas that are incomplete. 45
8. If the Contractor considers any correction indicated on the shop drawings to 46
constitute a change to the Contract Documents, then written notice must be 47
provided thereof to the Developer at least 7 Calendar Days prior to release for 48
manufacture. 49
01 33 00 - 7
DAP SUBMITTALS
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August 30, 2013
9. When the shop drawings have been completed to the satisfaction of the City, the 1
Contractor may carry out the construction in accordance therewith and no further 2
changes therein except upon written instructions from the City. 3
10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 4
following receipt of submittal by the City. 5
L. Mock ups 6
1. Mock Up units as specified in individual Sections, include, but are not necessarily 7
limited to, complete units of the standard of acceptance for that type of Work to be 8
used on the Project. Remove at the completion of the Work or when directed. 9
M. Qualifications 10
1. If specifically required in other Sections of these Specifications, submit a P.E. 11
Certification for each item required. 12
N. Request for Information (RFI) 13
1. Contractor Request for additional information 14
a. Clarification or interpretation of the contract documents 15
b. When the Contractor believes there is a conflict between Contract Documents 16
c. When the Contractor believes there is a conflict between the Drawings and 17
Specifications 18
1) Identify the conflict and request clarification 19
2. Sufficient information shall be attached to permit a written response without further 20
information. 21
22
23
24
25
1.5 SUBMITTALS [NOT USED] 26
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27
1.7 CLOSEOUT SUBMITTALS [NOT USED] 28
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29
1.9 QUALITY ASSURANCE [NOT USED] 30
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31
1.11 FIELD [SITE] CONDITIONS [NOT USED] 32
1.12 WARRANTY [NOT USED] 33
01 33 00 - 8
DAP SUBMITTALS
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August 30, 2013
PART 2 - PRODUCTS [NOT USED] 1
PART 3 - EXECUTION [NOT USED] 2
END OF SECTION 3
4
Revision Log
DATE NAME SUMMARY OF CHANGE
12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days
5
01 35 13 - 1
DAP SPECIAL PROJECT PROCEDURES
Page 1 of 7
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August, 30, 2013
SECTION 01 35 13 1
SPECIAL PROJECT PROCEDURES 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. The procedures for special project circumstances that includes, but is not limited to: 6
a. Coordination with the Texas Department of Transportation 7
b. Work near High Voltage Lines 8
c. Confined Space Entry Program 9
d. Air Pollution Watch Days 10
e. Use of Explosives, Drop Weight, Etc. 11
f. Water Department Notification 12
g. Public Notification Prior to Beginning Construction 13
h. Coordination with United States Army Corps of Engineers 14
i. Coordination within Railroad permits areas 15
j. Dust Control 16
k. Employee Parking 17
B. Deviations from this City of Fort Worth Standard Specification 18
1. None. 19
C. Related Specification Sections include, but are not necessarily limited to: 20
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 21
2. Division 1 – General Requirements 22
3. Section 33 12 25 – Connection to Existing Water Mains 23
24
1.2 REFERENCES 25
A. Reference Standards 26
1. Reference standards cited in this Specification refer to the current reference 27
standard published at the time of the latest revision date logged at the end of this 28
Specification, unless a date is specifically cited. 29
2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 30
High Voltage Overhead Lines. 31
3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 32
Specification 33
1.3 ADMINISTRATIVE REQUIREMENTS 34
A. Coordination with the Texas Department of Transportation 35
1. When work in the right-of-way which is under the jurisdiction of the Texas 36
Department of Transportation (TxDOT): 37
a. Notify the Texas Department of Transportation prior to commencing any work 38
therein in accordance with the provisions of the permit 39
01 35 13 - 2
DAP SPECIAL PROJECT PROCEDURES
Page 2 of 7
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August, 30, 2013
b. All work performed in the TxDOT right-of-way shall be performed in 1
compliance with and subject to approval from the Texas Department of 2
Transportation 3
B. Work near High Voltage Lines 4
1. Regulatory Requirements 5
a. All Work near High Voltage Lines (more than 600 volts measured between 6
conductors or between a conductor and the ground) shall be in accordance with 7
Health and Safety Code, Title 9, Subtitle A, Chapter 752. 8
2. Warning sign 9
a. Provide sign of sufficient size meeting all OSHA requirements. 10
3. Equipment operating within 10 feet of high voltage lines will require the following 11
safety features 12
a. Insulating cage-type of guard about the boom or arm 13
b. Insulator links on the lift hook connections for back hoes or dippers 14
c. Equipment must meet the safety requirements as set forth by OSHA and the 15
safety requirements of the owner of the high voltage lines 16
4. Work within 6 feet of high voltage electric lines 17
a. Notification shall be given to: 18
1) The power company (example: ONCOR) 19
a) Maintain an accurate log of all such calls to power company and record 20
action taken in each case. 21
b. Coordination with power company 22
1) After notification coordinate with the power company to: 23
a) Erect temporary mechanical barriers, de-energize the lines, or raise or 24
lower the lines 25
c. No personnel may work within 6 feet of a high voltage line before the above 26
requirements have been met. 27
C. Confined Space Entry Program 28
1. Provide and follow approved Confined Space Entry Program in accordance with 29
OSHA requirements. 30
2. Confined Spaces include: 31
a. Manholes 32
b. All other confined spaces in accordance with OSHA’s Permit Required for 33
Confined Spaces 34
D. Use of Explosives, Drop Weight, Etc. 35
1. When Contract Documents permit on the project the following will apply: 36
a. Public Notification 37
1) Submit notice to City and proof of adequate insurance coverage, 24 hours 38
prior to commencing. 39
2) Minimum 24 hour public notification in accordance with Section 01 31 13 40
E. Water Department Coordination 41
1. During the construction of this project, it will be necessary to deactivate, for a 42
period of time, existing lines. The Contractor shall be required to coordinate with 43
the Water Department to determine the best times for deactivating and activating 44
those lines. 45
01 35 13 - 3
DAP SPECIAL PROJECT PROCEDURES
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August, 30, 2013
2. Coordinate any event that will require connecting to or the operation of an existing 1
City water line system with the City’s representative. 2
a. Coordination shall be in accordance with Section 33 12 25. 3
b. If needed, obtain a hydrant water meter from the Water Department for use 4
during the life of named project. 5
c. In the event that a water valve on an existing live system be turned off and on 6
to accommodate the construction of the project is required, coordinate this 7
activity through the appropriate City representative. 8
1) Do not operate water line valves of existing water system. 9
a) Failure to comply will render the Contractor in violation of Texas Penal 10
Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 11
will be prosecuted to the full extent of the law. 12
b) In addition, the Contractor will assume all liabilities and 13
responsibilities as a result of these actions. 14
F. Public Notification Prior to Beginning Construction 15
1. Prior to beginning construction on any block in the project, on a block by block 16
basis, prepare and deliver a notice or flyer of the pending construction to the front 17
door of each residence or business that will be impacted by construction. The notice 18
shall be prepared as follows: 19
a. Post notice or flyer 7 days prior to beginning any construction activity on each 20
block in the project area. 21
1) Prepare flyer on the Contractor’s letterhead and include the following 22
information: 23
a) Name of Project 24
b) City Project No (CPN) 25
c) Scope of Project (i.e. type of construction activity) 26
d) Actual construction duration within the block 27
e) Name of the contractor’s foreman and phone number 28
f) Name of the City’s inspector and phone number 29
g) City’s after-hours phone number 30
2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 31
A. 32
3) Submit schedule showing the construction start and finish time for each 33
block of the project to the inspector. 34
4) Deliver flyer to the City Inspector for review prior to distribution. 35
b. No construction will be allowed to begin on any block until the flyer is 36
delivered to all residents of the block. 37
G. Public Notification of Temporary Water Service Interruption during Construction 38
1. In the event it becomes necessary to temporarily shut down water service to 39
residents or businesses during construction, prepare and deliver a notice or flyer of 40
the pending interruption to the front door of each affected resident. 41
2. Prepared notice as follows: 42
a. The notification or flyer shall be posted 24 hours prior to the temporary 43
interruption. 44
b. Prepare flyer on the contractor’s letterhead and include the following 45
information: 46
1) Name of the project 47
2) City Project Number 48
01 35 13 - 4
DAP SPECIAL PROJECT PROCEDURES
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August, 30, 2013
3) Date of the interruption of service 1
4) Period the interruption will take place 2
5) Name of the contractor’s foreman and phone number 3
6) Name of the City’s inspector and phone number 4
c. A sample of the temporary water service interruption notification is attached as 5
Exhibit B. 6
d. Deliver a copy of the temporary interruption notification to the City inspector 7
for review prior to being distributed. 8
e. No interruption of water service can occur until the flyer has been delivered to 9
all affected residents and businesses. 10
f. Electronic versions of the sample flyers can be obtained from the Project 11
Construction Inspector. 12
H. Coordination with United States Army Corps of Engineers (USACE) 13
1. At locations in the Project where construction activities occur in areas where 14
USACE permits are required, meet all requirements set forth in each designated 15
permit. 16
I. Coordination within Railroad Permit Areas 17
1. At locations in the project where construction activities occur in areas where 18
railroad permits are required, meet all requirements set forth in each designated 19
railroad permit. This includes, but is not limited to, provisions for: 20
a. Flagmen 21
b. Inspectors 22
c. Safety training 23
d. Additional insurance 24
e. Insurance certificates 25
f. Other employees required to protect the right-of-way and property of the 26
Railroad Company from damage arising out of and/or from the construction of 27
the project. Proper utility clearance procedures shall be used in accordance 28
with the permit guidelines. 29
2. Obtain any supplemental information needed to comply with the railroad’s 30
requirements. 31
J. Dust Control 32
1. Use acceptable measures to control dust at the Site. 33
a. If water is used to control dust, capture and properly dispose of waste water. 34
b. If wet saw cutting is performed, capture and properly dispose of slurry. 35
K. Employee Parking 36
1. Provide parking for employees at locations approved by the City. 37
L. {Coordination with North Central Texas Council of Governments (NCTCOG) Clean 38
Construction Specification [if required for the project] 39
1. Comply with equipment, operational, reporting and enforcement requirements set 40
forth in NCTCOG’s Clean Construction Specification.} 41
01 35 13 - 5
DAP SPECIAL PROJECT PROCEDURES
Page 5 of 7
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August, 30, 2013
1.4 SUBMITTALS [NOT USED] 1
1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2
1.6 CLOSEOUT SUBMITTALS [NOT USED] 3
1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4
1.8 QUALITY ASSURANCE [NOT USED] 5
1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6
1.10 FIELD [SITE] CONDITIONS [NOT USED] 7
1.11 WARRANTY [NOT USED] 8
PART 2 - PRODUCTS [NOT USED] 9
PART 3 - EXECUTION [NOT USED] 10
END OF SECTION 11
12
Revision Log
DATE NAME SUMMARY OF CHANGE
8/31/2012 D. Johnson
1.3.B – Added requirement of compliance with Health and Safety Code, Title 9.
Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines.
13
01 35 13 - 6
DAP SPECIAL PROJECT PROCEDURES
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August, 30, 2013
EXHIBIT A 1
(To be printed on Contractor’s Letterhead) 2
3
4
5
Date: 6
7
CPN No.: 8
Project Name: 9
Mapsco Location: 10
Limits of Construction: 11
12
13
14
15
16
THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 17
WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 18
PROPERTY. 19
20
CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 21
OF THIS NOTICE. 22
23
IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 24
ISSUE, PLEASE CALL: 25
26
27
Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 28
29
OR 30
31
Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 32
33
AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 34
35
PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 36
37
01 35 13 - 7
DAP SPECIAL PROJECT PROCEDURES
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CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised August, 30, 2013
EXHIBIT B 1
2
3
4
01 45 23
DAP TESTING AND INSPECTION SERVICES
Page 1 of 2
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised March 20, 2020
FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
CPN 103629
SECTION 01 45 23
TESTING AND INSPECTION SERVICES
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Testing and inspection services procedures and coordination
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1 – General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
a. Contractor is responsible for performing, coordinating, and payment of all
Quality Control testing.
b. City is responsible for performing and payment for first set of Quality
Assurance testing.
1) If the first Quality Assurance test performed by the City fails, the
Contractor is responsible for payment of subsequent Quality Assurance
testing until a passing test occurs.
a) Final acceptance will not be issued by City until all required payments
for testing by Contractor have been paid in full.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. Testing
1. Complete testing in accordance with the Contract Documents.
2. Coordination
a. When testing is required to be performed by the City, notify City, sufficiently
in advance, when testing is needed.
b. When testing is required to be completed by the Contractor, notify City,
sufficiently in advance, that testing will be performed.
3. Distribution of Testing Reports
a. Electronic Distribution
1) Confirm development of Project directory for electronic submittals to be
uploaded to the City’s document management system, or another form of
distribution approved by the City.
01 45 23
DAP TESTING AND INSPECTION SERVICES
Page 2 of 2
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised March 20, 2020
FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
CPN 103629
2) Upload test reports to designated project directory and notify appropriate
City representatives via email of submittal posting.
3) Hard Copies
a) 1 copy for all submittals submitted to the Project Representative
b. Hard Copy Distribution (if required in lieu of electronic distribution)
1) Tests performed by City
a) Distribute 1 hard copy to the Contractor
2) Tests performed by the Contractor
a) Distribute 3 hard copies to City’s Project Representative
4. Provide City’s Project Representative with trip tickets for each delivered load of
Concrete or Lime material including the following information:
a. Name of pit
b. Date of delivery
c. Material delivered
B. Inspection
1. Inspection or lack of inspection does not relieve the Contractor from obligation to
perform work in accordance with the Contract Documents.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that electronic submittals be uploaded
through the City’s document management system.
01 57 13 - 1
DAP STORM WATER POLLUTION PREVENTION
Page 1 of 3
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103629
Revised July 1, 2011
SECTION 01 57 13 1
STORM WATER POLLUTION PREVENTION 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Procedures for Storm Water Pollution Prevention Plans 6
B. Deviations from this City of Fort Worth Standard Specification 7
1. None. 8
C. Related Specification Sections include, but are not necessarily limited to: 9
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the 10
Contract 11
2. Division 1 – General Requirements 12
3. Section 31 25 00 – Erosion and Sediment Control 13
1.2 PRICE AND PAYMENT PROCEDURES 14
A. Measurement and Payment 15
1. Construction Activities resulting in less than 1 acre of disturbance 16
a. Work associated with this Item is considered subsidiary to the various Items 17
bid. No separate payment will be allowed for this Item. 18
2. Construction Activities resulting in greater than 1 acre of disturbance 19
a. Measurement and Payment shall be in accordance with Section 31 25 00. 20
1.3 REFERENCES 21
A. Abbreviations and Acronyms 22
1. Notice of Intent: NOI 23
2. Notice of Termination: NOT 24
3. Storm Water Pollution Prevention Plan: SWPPP 25
4. Texas Commission on Environmental Quality: TCEQ 26
5. Notice of Change: NOC 27
A. Reference Standards 28
1. Reference standards cited in this Specification refer to the current reference 29
standard published at the time of the latest revision date logged at the end of this 30
Specification, unless a date is specifically cited. 31
2. Integrated Storm Management (iSWM) Technical Manual for Construction 32
Controls 33
1.4 ADMINISTRATIVE REQUIREMENTS 34
A. General 35
1. Contractor is responsible for resolution and payment of any fines issued associated 36
with compliance to Stormwater Pollution Prevention Plan. 37
01 57 13 - 2
DAP STORM WATER POLLUTION PREVENTION
Page 2 of 3
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103629
Revised July 1, 2011
B. Construction Activities resulting in: 1
1. Less than 1 acre of disturbance 2
a. Provide erosion and sediment control in accordance with Section 31 25 00 and 3
Drawings. 4
2. 1 to less than 5 acres of disturbance 5
a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 6
Permit is required 7
b. Complete SWPPP in accordance with TCEQ requirements 8
1) TCEQ Small Construction Site Notice Required under general permit 9
TXR150000 10
a) Sign and post at job site 11
b) Prior to Preconstruction Meeting, send 1 copy to City Department of 12
Transportation and Public Works, Environmental Division, (817) 392-13
6088. 14
2) Provide erosion and sediment control in accordance with: 15
a) Section 31 25 00 16
b) The Drawings 17
c) TXR150000 General Permit 18
d) SWPPP 19
e) TCEQ requirements 20
3. 5 acres or more of Disturbance 21
a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 22
Permit is required 23
b. Complete SWPPP in accordance with TCEQ requirements 24
1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 25
a) Sign and post at job site 26
b) Send copy to City Department of Transportation and Public Works, 27
Environmental Division, (817) 392-6088. 28
2) TCEQ Notice of Change required if making changes or updates to NOI 29
3) Provide erosion and sediment control in accordance with: 30
a) Section 31 25 00 31
b) The Drawings 32
c) TXR150000 General Permit 33
d) SWPPP 34
e) TCEQ requirements 35
4) Once the project has been completed and all the closeout requirements of 36
TCEQ have been met a TCEQ Notice of Termination can be submitted. 37
a) Send copy to City Department of Transportation and Public Works, 38
Environmental Division, (817) 392-6088. 39
1.5 SUBMITTALS 40
A. SWPPP 41
1. Submit in accordance with Section 01 33 00, except as stated herein. 42
a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 43
as follows: 44
1) 1 copy to the City Project Manager 45
a) City Project Manager will forward to the City Department of 46
Transportation and Public Works, Environmental Division for review 47
01 57 13 - 3
DAP STORM WATER POLLUTION PREVENTION
Page 3 of 3
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103629
Revised July 1, 2011
B. Modified SWPPP 1
1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 2
in accordance with Section 01 33 00. 3
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 4
1.7 CLOSEOUT SUBMITTALS [NOT USED] 5
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 6
1.9 QUALITY ASSURANCE [NOT USED] 7
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 8
1.11 FIELD [SITE] CONDITIONS [NOT USED] 9
1.12 WARRANTY [NOT USED] 10
PART 2 - PRODUCTS [NOT USED] 11
PART 3 - EXECUTION [NOT USED] 12
END OF SECTION 13
14
Revision Log
DATE NAME SUMMARY OF CHANGE
15
01 66 00 - 1
DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 1 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
FORT WORTH SOUTH BUILDING 5,6, & WERNER LOT
CPN 103629
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
FORT WORTH SOUTH BUILDING 5,6, & WERNER LOT
CPN 103629
01 66 00 - 2
DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 2 of 4
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
FORT WORTH SOUTH BUILDING 5,6, & WERNER LOT
CPN 103629
01 66 00 - 3
DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 3 of 4
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
FORT WORTH SOUTH BUILDING 5,6, & WERNER LOT
CPN 103629
01 66 00 - 4
DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 4 of 4
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP application
01 70 00 - 1
DAP MOBILIZATION AND REMOBILIZATION
Page 1 of 4
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
SECTION 01 70 00 1
MOBILIZATION AND REMOBILIZATION 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Mobilization and Demobilization 6
a. Mobilization 7
1) Transportation of Contractor’s personnel, equipment, and operating supplies 8
to the Site 9
2) Establishment of necessary general facilities for the Contractor’s operation 10
at the Site 11
3) Premiums paid for performance and payment bonds 12
4) Transportation of Contractor’s personnel, equipment, and operating supplies 13
to another location within the designated Site 14
5) Relocation of necessary general facilities for the Contractor’s operation 15
from 1 location to another location on the Site. 16
b. Demobilization 17
1) Transportation of Contractor’s personnel, equipment, and operating supplies 18
away from the Site including disassembly 19
2) Site Clean-up 20
3) Removal of all buildings and/or other facilities assembled at the Site for this 21
Contract 22
c. Mobilization and Demobilization do not include activities for specific items of 23
work that are for which payment is provided elsewhere in the contract. 24
2. Remobilization 25
a. Remobilization for Suspension of Work specifically required in the Contract 26
Documents or as required by City includes: 27
1) Demobilization 28
a) Transportation of Contractor’s personnel, equipment, and operating 29
supplies from the Site including disassembly or temporarily securing 30
equipment, supplies, and other facilities as designated by the Contract 31
Documents necessary to suspend the Work. 32
b) Site Clean-up as designated in the Contract Documents 33
2) Remobilization 34
a) Transportation of Contractor’s personnel, equipment, and operating 35
supplies to the Site necessary to resume the Work. 36
b) Establishment of necessary general facilities for the Contractor’s 37
operation at the Site necessary to resume the Work. 38
3) No Payments will be made for: 39
a) Mobilization and Demobilization from one location to another on the 40
Site in the normal progress of performing the Work. 41
b) Stand-by or idle time 42
c) Lost profits 43
3. Mobilizations and Demobilization for Miscellaneous Projects 44
a. Mobilization and Demobilization 45
01 70 00 - 2
DAP MOBILIZATION AND REMOBILIZATION
Page 2 of 4
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
1) Mobilization shall consist of the activities and cost on a Work Order basis 1
necessary for: 2
a) Transportation of Contractor’s personnel, equipment, and operating 3
supplies to the Site for the issued Work Order. 4
b) Establishment of necessary general facilities for the Contractor’s 5
operation at the Site for the issued Work Order 6
2) Demobilization shall consist of the activities and cost necessary for: 7
a) Transportation of Contractor’s personnel, equipment, and operating 8
supplies from the Site including disassembly for each issued Work 9
Order 10
b) Site Clean-up for each issued Work Order 11
c) Removal of all buildings or other facilities assembled at the Site for 12
each Work Oder 13
b. Mobilization and Demobilization do not include activities for specific items of 14
work for which payment is provided elsewhere in the contract. 15
4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 16
a. A Mobilization for Miscellaneous Projects when directed by the City and the 17
mobilization occurs within 24 hours of the issuance of the Work Order. 18
B. Deviations from this City of Fort Worth Standard Specification 19
1. None. 20
C. Related Specification Sections include, but are not necessarily limited to: 21
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 22
2. Division 1 – General Requirements 23
1.2 PRICE AND PAYMENT PROCEDURES 24
A. Measurement and Payment 25
1. Mobilization and Demobilization 26
a. Measure 27
1) This Item is considered subsidiary to the various Items bid. 28
b. Payment 29
1) The work performed and materials furnished in accordance with this Item 30
are subsidiary to the various Items bid and no other compensation will be 31
allowed. 32
2. Remobilization for suspension of Work as specifically required in the Contract 33
Documents 34
a. Measurement 35
1) Measurement for this Item shall be per each remobilization performed. 36
b. Payment 37
1) The work performed and materials furnished in accordance with this Item 38
and measured as provided under “Measurement” will be paid for at the unit 39
price per each “Specified Remobilization” in accordance with Contract 40
Documents. 41
c. The price shall include: 42
1) Demobilization as described in Section 1.1.A.2.a.1) 43
2) Remobilization as described in Section 1.1.A.2.a.2) 44
d. No payments will be made for standby, idle time, or lost profits associated this 45
Item. 46
01 70 00 - 3
DAP MOBILIZATION AND REMOBILIZATION
Page 3 of 4
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
3. Remobilization for suspension of Work as required by City 1
a. Measurement and Payment 2
1) This shall be submitted as a Contract Claim in accordance with Article 10 3
of Section 00 72 00. 4
2) No payments will be made for standby, idle time, or lost profits associated 5
with this Item. 6
4. Mobilizations and Demobilizations for Miscellaneous Projects 7
a. Measurement 8
1) Measurement for this Item shall be for each Mobilization and 9
Demobilization required by the Contract Documents 10
b. Payment 11
1) The Work performed and materials furnished in accordance with this Item 12
and measured as provided under “Measurement” will be paid for at the unit 13
price per each “Work Order Mobilization” in accordance with Contract 14
Documents. Demobilization shall be considered subsidiary to mobilization 15
and shall not be paid for separately. 16
c. The price shall include: 17
1) Mobilization as described in Section 1.1.A.3.a.1) 18
2) Demobilization as described in Section 1.1.A.3.a.2) 19
d. No payments will be made for standby, idle time, or lost profits associated this 20
Item. 21
5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 22
a. Measurement 23
1) Measurement for this Item shall be for each Mobilization and 24
Demobilization required by the Contract Documents 25
b. Payment 26
1) The Work performed and materials furnished in accordance with this Item 27
and measured as provided under “Measurement” will be paid for at the unit 28
price per each “Work Order Emergency Mobilization” in accordance with 29
Contract Documents. Demobilization shall be considered subsidiary to 30
mobilization and shall not be paid for separately. 31
c. The price shall include 32
1) Mobilization as described in Section 1.1.A.4.a) 33
2) Demobilization as described in Section 1.1.A.3.a.2) 34
d. No payments will be made for standby, idle time, or lost profits associated this 35
Item. 36
1.3 REFERENCES [NOT USED] 37
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 38
1.5 SUBMITTALS [NOT USED] 39
1.6 INFORMATIONAL SUBMITTALS [NOT USED] 40
1.7 CLOSEOUT SUBMITTALS [NOT USED] 41
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 42
1.9 QUALITY ASSURANCE [NOT USED] 43
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 44
01 70 00 - 4
DAP MOBILIZATION AND REMOBILIZATION
Page 4 of 4
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
1.11 FIELD [SITE] CONDITIONS [NOT USED] 1
1.12 WARRANTY [NOT USED] 2
PART 2 - PRODUCTS [NOT USED] 3
PART 3 - EXECUTION [NOT USED] 4
END OF SECTION 5
6
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP application
7
01 71 23 - 1
DAP CONSTRUCTION STAKING AND SURVEY
Page 1 of 4
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
SECTION 01 71 23 1
CONSTRUCTION STAKING AND SURVEY 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Requirements for construction staking and construction survey 6
B. Deviations from this City of Fort Worth Standard Specification 7
1. None. 8
C. Related Specification Sections include, but are not necessarily limited to: 9
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10
2. Division 1 – General Requirements 11
1.2 PRICE AND PAYMENT PROCEDURES 12
A. Measurement and Payment 13
1. Construction Staking 14
a. Measurement 15
1) This Item is considered subsidiary to the various Items bid. 16
b. Payment 17
1) The work performed and the materials furnished in accordance with this 18
Item are subsidiary to the various Items bid and no other compensation will 19
be allowed. 20
2. Construction Survey 21
a. Measurement 22
1) This Item is considered subsidiary to the various Items bid. 23
b. Payment 24
1) The work performed and the materials furnished in accordance with this 25
Item are subsidiary to the various Items bid and no other compensation will 26
be allowed. 27
1.3 REFERENCES [NOT USED] 28
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 29
1.5 SUBMITTALS 30
A. Submittals, if required, shall be in accordance with Section 01 33 00. 31
B. All submittals shall be approved by the City prior to delivery. 32
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 33
A. Certificates 34
1. Provide certificate certifying that elevations and locations of improvements are in 35
conformance or non-conformance with requirements of the Contract Documents. 36
a. Certificate must be sealed by a registered professional land surveyor in the 37
State of Texas. 38
01 71 23 - 2
DAP CONSTRUCTION STAKING AND SURVEY
Page 2 of 4
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
B. Field Quality Control Submittals 1
1. Documentation verifying accuracy of field engineering work. 2
1.7 CLOSEOUT SUBMITTALS [NOT USED] 3
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4
1.9 QUALITY ASSURANCE 5
A. Construction Staking 6
1. Construction staking will be performed by the City. 7
2. Coordination 8
a. Contact City’s Project Representative at least 2 weeks in advance for 9
scheduling of Construction Staking. 10
b. It is the Contractor’s responsibility to coordinate staking such that construction 11
activities are not delayed or negatively impacted. 12
3. General 13
a. Contractor is responsible for preserving and maintaining stakes furnished by 14
City. 15
b. If in the opinion of the City, a sufficient number of stakes or markings have 16
been lost, destroyed or disturbed, by Contractor’s neglect, such that the 17
contracted Work cannot take place, then the Contractor will be required to pay 18
the City for new staking with a 25 percent markup. The cost for staking will be 19
deducted from the payment due to the Contractor for the Project. 20
B. Construction Survey 21
1. Construction Survey will be performed by the City. 22
2. Coordination 23
a. Contractor to verify that control data established in the design survey remains 24
intact. 25
b. Coordinate with the City prior to field investigation to determine which 26
horizontal and vertical control data will be required for construction survey. 27
c. It is the Contractor’s responsibility to coordinate Construction Survey such that 28
construction activities are not delayed or negatively impacted. 29
d. Notify City if any control data needs to be restored or replaced due to damage 30
caused during construction operations. 31
1) City shall perform replacements and/or restorations. 32
3. General 33
a. Construction survey will be performed in order to maintain complete and 34
accurate logs of control and survey work as it progresses for Project Records. 35
b. The Contractor will need to ensure coordination is maintained with the City to 36
perform construction survey to obtain construction features, including but not 37
limited to the following: 38
1) All Utility Lines 39
a) Rim and flowline elevations and coordinates for each manhole or 40
junction structure 41
2) Water Lines 42
a) Top of pipe elevations and coordinates for waterlines at the following 43
locations: 44
(1) Every 250 linear feet 45
01 71 23 - 3
DAP CONSTRUCTION STAKING AND SURVEY
Page 3 of 4
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
(2) Horizontal and vertical points of inflection, curvature, etc. (All 1
Fittings) 2
(3) Cathodic protection test stations 3
(4) Sampling stations 4
(5) Meter boxes/vaults (All sizes) 5
(6) Fire lines 6
(7) Fire hydrants 7
(8) Gate valves 8
(9) Plugs, stubouts, dead-end lines 9
(10) Air Release valves (Manhole rim and vent pipe) 10
(11) Blow off valves (Manhole rim and valve lid) 11
(12) Pressure plane valves 12
(13) Cleaning wyes 13
(14) Casing pipe (each end) 14
b) Storm Sewer 15
(1) Top of pipe elevations and coordinates at the following locations: 16
(a) Every 250 linear feet 17
(b) Horizontal and vertical points of inflection, curvature, etc. 18
c) Sanitary Sewer 19
(1) Top of pipe elevations and coordinates for sanitary sewer lines at 20
the following locations: 21
(a) Every 250 linear feet 22
(b) Horizontal and vertical points of inflection, curvature, etc. 23
(c) Cleanouts 24
c. Construction survey will be performed in order to maintain complete and 25
accurate logs of control and survey work associated with meeting or exceeding 26
the line and grade required by these Specifications. 27
d. The Contractor will need to ensure coordination is maintained with the City to 28
perform construction survey and to verify control data, including but not 29
limited to the following: 30
1) Established benchmarks and control points provided for the Contractor’s 31
use are accurate 32
2) Benchmarks were used to furnish and maintain all reference lines and 33
grades for tunneling 34
3) Lines and grades were used to establish the location of the pipe 35
4) Submit to the City copies of field notes used to establish all lines and 36
grades and allow the City to check guidance system setup prior to 37
beginning each tunneling drive. 38
5) Provide access for the City to verify the guidance system and the line and 39
grade of the carrier pipe on a daily basis. 40
6) The Contractor remains fully responsible for the accuracy of the work and 41
the correction of it, as required. 42
7) Monitor line and grade continuously during construction. 43
8) Record deviation with respect to design line and grade once at each pipe 44
joint and submit daily records to City. 45
9) If the installation does not meet the specified tolerances, immediately notify 46
the City and correct the installation in accordance with the Contract 47
Documents. 48
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 49
01 71 23 - 4
DAP CONSTRUCTION STAKING AND SURVEY
Page 4 of 4
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
1.11 FIELD [SITE] CONDITIONS [NOT USED] 1
1.12 WARRANTY [NOT USED] 2
PART 2 - PRODUCTS [NOT USED] 3
PART 3 - EXECUTION 4
3.1 INSTALLERS [NOT USED] 5
3.2 EXAMINATION [NOT USED] 6
3.3 PREPARATION [NOT USED] 7
3.4 APPLICATION 8
3.5 REPAIR / RESTORATION [NOT USED] 9
3.6 RE-INSTALLATION [NOT USED] 10
3.7 FIELD [OR] SITE QUALITY CONTROL 11
A. It is the Contractor’s responsibility to maintain all stakes and control data placed by the 12
City in accordance with this Specification. 13
B. Do not change or relocate stakes or control data without approval from the City. 14
3.8 SYSTEM STARTUP [NOT USED] 15
3.9 ADJUSTING [NOT USED] 16
3.10 CLEANING [NOT USED] 17
3.11 CLOSEOUT ACTIVITIES [NOT USED] 18
3.12 PROTECTION [NOT USED] 19
3.13 MAINTENANCE [NOT USED] 20
3.14 ATTACHMENTS [NOT USED] 21
END OF SECTION 22
23
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP application
24
01 74 23 - 1
DAP CLEANING
Page 1 of 4
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
SECTION 01 74 23 1
CLEANING 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Intermediate and final cleaning for Work not including special cleaning of closed 6
systems specified elsewhere 7
B. Deviations from this City of Fort Worth Standard Specification 8
1. None. 9
C. Related Specification Sections include, but are not necessarily limited to: 10
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11
2. Division 1 – General Requirements 12
3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 13
1.2 PRICE AND PAYMENT PROCEDURES 14
A. Measurement and Payment 15
1. Work associated with this Item is considered subsidiary to the various Items bid. 16
No separate payment will be allowed for this Item. 17
1.3 REFERENCES [NOT USED] 18
1.4 ADMINISTRATIVE REQUIREMENTS 19
A. Scheduling 20
1. Schedule cleaning operations so that dust and other contaminants disturbed by 21
cleaning process will not fall on newly painted surfaces. 22
2. Schedule final cleaning upon completion of Work and immediately prior to final 23
inspection. 24
1.5 SUBMITTALS [NOT USED] 25
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26
1.7 CLOSEOUT SUBMITTALS [NOT USED] 27
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28
1.9 QUALITY ASSURANCE [NOT USED] 29
1.10 STORAGE, AND HANDLING 30
A. Storage and Handling Requirements 31
1. Store cleaning products and cleaning wastes in containers specifically designed for 32
those materials. 33
01 74 23 - 2
DAP CLEANING
Page 2 of 4
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
1.11 FIELD [SITE] CONDITIONS [NOT USED] 1
1.12 WARRANTY [NOT USED] 2
PART 2 - PRODUCTS 3
2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 4
2.2 MATERIALS 5
A. Cleaning Agents 6
1. Compatible with surface being cleaned 7
2. New and uncontaminated 8
3. For manufactured surfaces 9
a. Material recommended by manufacturer 10
2.3 ACCESSORIES [NOT USED] 11
2.4 SOURCE QUALITY CONTROL [NOT USED] 12
PART 3 - EXECUTION 13
3.1 INSTALLERS [NOT USED] 14
3.2 EXAMINATION [NOT USED] 15
3.3 PREPARATION [NOT USED] 16
3.4 APPLICATION [NOT USED] 17
3.5 REPAIR / RESTORATION [NOT USED] 18
3.6 RE-INSTALLATION [NOT USED] 19
3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 20
3.8 SYSTEM STARTUP [NOT USED] 21
3.9 ADJUSTING [NOT USED] 22
3.10 CLEANING 23
A. General 24
1. Prevent accumulation of wastes that create hazardous conditions. 25
2. Conduct cleaning and disposal operations to comply with laws and safety orders of 26
governing authorities. 27
3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 28
storm or sanitary drains or sewers. 29
4. Dispose of degradable debris at an approved solid waste disposal site. 30
5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 31
alternate manner approved by City and regulatory agencies. 32
01 74 23 - 3
DAP CLEANING
Page 3 of 4
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
6. Handle materials in a controlled manner with as few handlings as possible. 1
7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 2
this project. 3
8. Remove all signs of temporary construction and activities incidental to construction 4
of required permanent Work. 5
9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 6
have the cleaning completed at the expense of the Contractor. 7
10. Do not burn on-site. 8
B. Intermediate Cleaning during Construction 9
1. Keep Work areas clean so as not to hinder health, safety or convenience of 10
personnel in existing facility operations. 11
2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 12
3. Confine construction debris daily in strategically located container(s): 13
a. Cover to prevent blowing by wind 14
b. Store debris away from construction or operational activities 15
c. Haul from site at a minimum of once per week 16
4. Vacuum clean interior areas when ready to receive finish painting. 17
a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 18
5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 19
may become airborne or transported by flowing water during the storm. 20
C. Exterior (Site or Right of Way) Final Cleaning 21
1. Remove trash and debris containers from site. 22
a. Re-seed areas disturbed by location of trash and debris containers in accordance 23
with Section 32 92 13. 24
2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 25
that may hinder or disrupt the flow of traffic along the roadway. 26
3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 27
junction boxes and inlets. 28
4. If no longer required for maintenance of erosion facilities, and upon approval by 29
City, remove erosion control from site. 30
5. Clean signs, lights, signals, etc. 31
3.11 CLOSEOUT ACTIVITIES [NOT USED] 32
3.12 PROTECTION [NOT USED] 33
3.13 MAINTENANCE [NOT USED] 34
3.14 ATTACHMENTS [NOT USED] 35
36
37
38
39
40
01 74 23 - 4
DAP CLEANING
Page 4 of 4
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
END OF SECTION 1
2
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP application
3
01 77 19 - 1
DAP CLOSEOUT REQUIREMENTS
Page 1 of 3
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
SECTION 01 77 19 1
CLOSEOUT REQUIREMENTS 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. The procedure for closing out a contract 6
B. Deviations from this City of Fort Worth Standard Specification 7
1. None. 8
C. Related Specification Sections include, but are not necessarily limited to: 9
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10
2. Division 1 – General Requirements 11
1.2 PRICE AND PAYMENT PROCEDURES 12
A. Measurement and Payment 13
1. Work associated with this Item is considered subsidiary to the various Items bid. 14
No separate payment will be allowed for this Item. 15
1.3 REFERENCES [NOT USED] 16
1.4 ADMINISTRATIVE REQUIREMENTS 17
A. Guarantees, Bonds and Affidavits 18
1. No application for final payment will be accepted until all guarantees, bonds, 19
certificates, licenses and affidavits required for Work or equipment as specified are 20
satisfactorily filed with the City. 21
B. Release of Liens or Claims 22
1. No application for final payment will be accepted until satisfactory evidence of 23
release of liens has been submitted to the City. 24
1.5 SUBMITTALS 25
A. Submit all required documentation to City’s Project Representative. 26
01 77 19 - 2
DAP CLOSEOUT REQUIREMENTS
Page 2 of 3
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1
1.7 CLOSEOUT SUBMITTALS [NOT USED] 2
PART 2 - PRODUCTS [NOT USED] 3
PART 3 - EXECUTION 4
3.1 INSTALLERS [NOT USED] 5
3.2 EXAMINATION [NOT USED] 6
3.3 PREPARATION [NOT USED] 7
3.4 CLOSEOUT PROCEDURE 8
A. Prior to requesting Final Inspection, submit: 9
1. Project Record Documents in accordance with Section 01 78 39 10
2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 11
B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 12
01 74 23. 13
C. Final Inspection 14
1. After final cleaning, provide notice to the City Project Representative that the Work 15
is completed. 16
a. The City will make an initial Final Inspection with the Contractor present. 17
b. Upon completion of this inspection, the City will notify the Contractor, in 18
writing within 10 business days, of any particulars in which this inspection 19
reveals that the Work is defective or incomplete. 20
2. Upon receiving written notice from the City, immediately undertake the Work 21
required to remedy deficiencies and complete the Work to the satisfaction of the 22
City. 23
3. Upon completion of Work associated with the items listed in the City's written 24
notice, inform the City, that the required Work has been completed. Upon receipt 25
of this notice, the City, in the presence of the Contractor, will make a subsequent 26
Final Inspection of the project. 27
4. Provide all special accessories required to place each item of equipment in full 28
operation. These special accessory items include, but are not limited to: 29
a. Specified spare parts 30
b. Adequate oil and grease as required for the first lubrication of the equipment 31
c. Initial fill up of all chemical tanks and fuel tanks 32
d. Light bulbs 33
e. Fuses 34
f. Vault keys 35
g. Handwheels 36
h. Other expendable items as required for initial start-up and operation of all 37
equipment 38
D. Notice of Project Completion 39
01 77 19 - 3
DAP CLOSEOUT REQUIREMENTS
Page 3 of 3
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
1. Once the City Project Representative finds the Work subsequent to Final Inspection 1
to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 2
E. Supporting Documentation 3
1. Coordinate with the City Project Representative to complete the following 4
additional forms: 5
a. Final Payment Request 6
b. Statement of Contract Time 7
c. Affidavit of Payment and Release of Liens 8
d. Consent of Surety to Final Payment 9
e. Pipe Report (if required) 10
f. Contractor’s Evaluation of City 11
g. Performance Evaluation of Contractor 12
F. Letter of Final Acceptance 13
1. Upon review and acceptance of Notice of Project Completion and Supporting 14
Documentation, in accordance with General Conditions, City will issue Letter of 15
Final Acceptance and release the Final Payment Request for payment. 16
3.5 REPAIR / RESTORATION [NOT USED] 17
3.6 RE-INSTALLATION [NOT USED] 18
3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 19
3.8 SYSTEM STARTUP [NOT USED] 20
3.9 ADJUSTING [NOT USED] 21
3.10 CLEANING [NOT USED] 22
3.11 CLOSEOUT ACTIVITIES [NOT USED] 23
3.12 PROTECTION [NOT USED] 24
3.13 MAINTENANCE [NOT USED] 25
3.14 ATTACHMENTS [NOT USED] 26
END OF SECTION 27
28
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP application
29
01 78 23 - 1
DAP OPERATION AND MAINTENANCE DATA
Page 1 of 5
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
SECTION 01 78 23 1
OPERATION AND MAINTENANCE DATA 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Product data and related information appropriate for City's maintenance and 6
operation of products furnished under Contract 7
2. Such products may include, but are not limited to: 8
a. Traffic Controllers 9
b. Irrigation Controllers (to be operated by the City) 10
c. Butterfly Valves 11
B. Deviations from this City of Fort Worth Standard Specification 12
1. None. 13
C. Related Specification Sections include, but are not necessarily limited to: 14
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15
2. Division 1 – General Requirements 16
1.2 PRICE AND PAYMENT PROCEDURES 17
A. Measurement and Payment 18
1. Work associated with this Item is considered subsidiary to the various Items bid. 19
No separate payment will be allowed for this Item. 20
1.3 REFERENCES [NOT USED] 21
1.4 ADMINISTRATIVE REQUIREMENTS 22
A. Schedule 23
1. Submit manuals in final form to the City within 30 calendar days of product 24
shipment to the project site. 25
1.5 SUBMITTALS 26
A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be 27
approved by the City prior to delivery. 28
1.6 INFORMATIONAL SUBMITTALS 29
A. Submittal Form 30
1. Prepare data in form of an instructional manual for use by City personnel. 31
2. Format 32
a. Size: 8 ½ inches x 11 inches 33
b. Paper 34
1) 40 pound minimum, white, for typed pages 35
2) Holes reinforced with plastic, cloth or metal 36
c. Text: Manufacturer’s printed data, or neatly typewritten 37
01 78 23 - 2
DAP OPERATION AND MAINTENANCE DATA
Page 2 of 5
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
d. Drawings 1
1) Provide reinforced punched binder tab, bind in with text 2
2) Reduce larger drawings and fold to size of text pages. 3
e. Provide fly-leaf for each separate product, or each piece of operating 4
equipment. 5
1) Provide typed description of product, and major component parts of 6
equipment. 7
2) Provide indexed tabs. 8
f. Cover 9
1) Identify each volume with typed or printed title "OPERATING AND 10
MAINTENANCE INSTRUCTIONS". 11
2) List: 12
a) Title of Project 13
b) Identity of separate structure as applicable 14
c) Identity of general subject matter covered in the manual 15
3. Binders 16
a. Commercial quality 3-ring binders with durable and cleanable plastic covers 17
b. When multiple binders are used, correlate the data into related consistent 18
groupings. 19
4. If available, provide an electronic form of the O&M Manual. 20
B. Manual Content 21
1. Neatly typewritten table of contents for each volume, arranged in systematic order 22
a. Contractor, name of responsible principal, address and telephone number 23
b. A list of each product required to be included, indexed to content of the volume 24
c. List, with each product: 25
1) The name, address and telephone number of the subcontractor or installer 26
2) A list of each product required to be included, indexed to content of the 27
volume 28
3) Identify area of responsibility of each 29
4) Local source of supply for parts and replacement 30
d. Identify each product by product name and other identifying symbols as set 31
forth in Contract Documents. 32
2. Product Data 33
a. Include only those sheets which are pertinent to the specific product. 34
b. Annotate each sheet to: 35
1) Clearly identify specific product or part installed 36
2) Clearly identify data applicable to installation 37
3) Delete references to inapplicable information 38
3. Drawings 39
a. Supplement product data with drawings as necessary to clearly illustrate: 40
1) Relations of component parts of equipment and systems 41
2) Control and flow diagrams 42
b. Coordinate drawings with information in Project Record Documents to assure 43
correct illustration of completed installation. 44
c. Do not use Project Record Drawings as maintenance drawings. 45
4. Written text, as required to supplement product data for the particular installation: 46
a. Organize in consistent format under separate headings for different procedures. 47
b. Provide logical sequence of instructions of each procedure. 48
01 78 23 - 3
DAP OPERATION AND MAINTENANCE DATA
Page 3 of 5
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
5. Copy of each warranty, bond and service contract issued 1
a. Provide information sheet for City personnel giving: 2
1) Proper procedures in event of failure 3
2) Instances which might affect validity of warranties or bonds 4
C. Manual for Materials and Finishes 5
1. Submit 5 copies of complete manual in final form. 6
2. Content, for architectural products, applied materials and finishes: 7
a. Manufacturer's data, giving full information on products 8
1) Catalog number, size, composition 9
2) Color and texture designations 10
3) Information required for reordering special manufactured products 11
b. Instructions for care and maintenance 12
1) Manufacturer's recommendation for types of cleaning agents and methods 13
2) Cautions against cleaning agents and methods which are detrimental to 14
product 15
3) Recommended schedule for cleaning and maintenance 16
3. Content, for moisture protection and weather exposure products: 17
a. Manufacturer's data, giving full information on products 18
1) Applicable standards 19
2) Chemical composition 20
3) Details of installation 21
b. Instructions for inspection, maintenance and repair 22
D. Manual for Equipment and Systems 23
1. Submit 5 copies of complete manual in final form. 24
2. Content, for each unit of equipment and system, as appropriate: 25
a. Description of unit and component parts 26
1) Function, normal operating characteristics and limiting conditions 27
2) Performance curves, engineering data and tests 28
3) Complete nomenclature and commercial number of replaceable parts 29
b. Operating procedures 30
1) Start-up, break-in, routine and normal operating instructions 31
2) Regulation, control, stopping, shut-down and emergency instructions 32
3) Summer and winter operating instructions 33
4) Special operating instructions 34
c. Maintenance procedures 35
1) Routine operations 36
2) Guide to "trouble shooting" 37
3) Disassembly, repair and reassembly 38
4) Alignment, adjusting and checking 39
d. Servicing and lubrication schedule 40
1) List of lubricants required 41
e. Manufacturer's printed operating and maintenance instructions 42
f. Description of sequence of operation by control manufacturer 43
1) Predicted life of parts subject to wear 44
2) Items recommended to be stocked as spare parts 45
g. As installed control diagrams by controls manufacturer 46
h. Each contractor's coordination drawings 47
1) As installed color coded piping diagrams 48
01 78 23 - 4
DAP OPERATION AND MAINTENANCE DATA
Page 4 of 5
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
i. Charts of valve tag numbers, with location and function of each valve 1
j. List of original manufacturer's spare parts, manufacturer's current prices, and 2
recommended quantities to be maintained in storage 3
k. Other data as required under pertinent Sections of Specifications 4
3. Content, for each electric and electronic system, as appropriate: 5
a. Description of system and component parts 6
1) Function, normal operating characteristics, and limiting conditions 7
2) Performance curves, engineering data and tests 8
3) Complete nomenclature and commercial number of replaceable parts 9
b. Circuit directories of panelboards 10
1) Electrical service 11
2) Controls 12
3) Communications 13
c. As installed color coded wiring diagrams 14
d. Operating procedures 15
1) Routine and normal operating instructions 16
2) Sequences required 17
3) Special operating instructions 18
e. Maintenance procedures 19
1) Routine operations 20
2) Guide to "trouble shooting" 21
3) Disassembly, repair and reassembly 22
4) Adjustment and checking 23
f. Manufacturer's printed operating and maintenance instructions 24
g. List of original manufacturer's spare parts, manufacturer's current prices, and 25
recommended quantities to be maintained in storage 26
h. Other data as required under pertinent Sections of Specifications 27
4. Prepare and include additional data when the need for such data becomes apparent 28
during instruction of City's personnel. 29
1.7 CLOSEOUT SUBMITTALS [NOT USED] 30
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 31
1.9 QUALITY ASSURANCE 32
A. Provide operation and maintenance data by personnel with the following criteria: 33
1. Trained and experienced in maintenance and operation of described products 34
2. Skilled as technical writer to the extent required to communicate essential data 35
3. Skilled as draftsman competent to prepare required drawings 36
01 78 23 - 5
DAP OPERATION AND MAINTENANCE DATA
Page 5 of 5
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1
1.11 FIELD [SITE] CONDITIONS [NOT USED] 2
1.12 WARRANTY [NOT USED] 3
PART 2 - PRODUCTS [NOT USED] 4
PART 3 - EXECUTION [NOT USED] 5
END OF SECTION 6
7
Revision Log
DATE NAME SUMMARY OF CHANGE
8/31/2012 D. Johnson 1.5.A.1 – title of section removed
4/7/2014 M.Domenech Revised for DAP Application
8
01 78 39 - 1
DAP PROJECT RECORD DOCUMENTS
Page 1 of 4
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
SECTION 01 78 39 1
PROJECT RECORD DOCUMENTS 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Work associated with the documenting the project and recording changes to project 6
documents, including: 7
a. Record Drawings 8
b. Water Meter Service Reports 9
c. Sanitary Sewer Service Reports 10
d. Large Water Meter Reports 11
B. Deviations from this City of Fort Worth Standard Specification 12
1. None. 13
C. Related Specification Sections include, but are not necessarily limited to: 14
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15
2. Division 1 – General Requirements 16
1.2 PRICE AND PAYMENT PROCEDURES 17
A. Measurement and Payment 18
1. Work associated with this Item is considered subsidiary to the various Items bid. 19
No separate payment will be allowed for this Item. 20
1.3 REFERENCES [NOT USED] 21
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22
1.5 SUBMITTALS 23
A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 24
City’s Project Representative. 25
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26
1.7 CLOSEOUT SUBMITTALS [NOT USED] 27
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28
1.9 QUALITY ASSURANCE 29
A. Accuracy of Records 30
1. Thoroughly coordinate changes within the Record Documents, making adequate 31
and proper entries on each page of Specifications and each sheet of Drawings and 32
other Documents where such entry is required to show the change properly. 33
2. Accuracy of records shall be such that future search for items shown in the Contract 34
Documents may rely reasonably on information obtained from the approved Project 35
Record Documents. 36
01 78 39 - 2
DAP PROJECT RECORD DOCUMENTS
Page 2 of 4
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
3. To facilitate accuracy of records, make entries within 24 hours after receipt of 1
information that the change has occurred. 2
4. Provide factual information regarding all aspects of the Work, both concealed and 3
visible, to enable future modification of the Work to proceed without lengthy and 4
expensive site measurement, investigation and examination. 5
1.10 STORAGE AND HANDLING 6
A. Storage and Handling Requirements 7
1. Maintain the job set of Record Documents completely protected from deterioration 8
and from loss and damage until completion of the Work and transfer of all recorded 9
data to the final Project Record Documents. 10
2. In the event of loss of recorded data, use means necessary to again secure the data 11
to the City's approval. 12
a. In such case, provide replacements to the standards originally required by the 13
Contract Documents. 14
1.11 FIELD [SITE] CONDITIONS [NOT USED] 15
1.12 WARRANTY [NOT USED] 16
PART 2 - PRODUCTS 17
2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 18
2.2 RECORD DOCUMENTS 19
A. Job set 20
1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 21
charge to the Contractor, 1 complete set of all Documents comprising the Contract. 22
B. Final Record Documents 23
1. At a time nearing the completion of the Work and prior to Final Inspection, provide 24
the City 1 complete set of all Final Record Drawings in the Contract. 25
2.3 ACCESSORIES [NOT USED] 26
2.4 SOURCE QUALITY CONTROL [NOT USED] 27
PART 3 - EXECUTION 28
3.1 INSTALLERS [NOT USED] 29
3.2 EXAMINATION [NOT USED] 30
3.3 PREPARATION [NOT USED] 31
3.4 MAINTENANCE DOCUMENTS 32
A. Maintenance of Job Set 33
1. Immediately upon receipt of the job set, identify each of the Documents with the 34
title, "RECORD DOCUMENTS - JOB SET". 35
01 78 39 - 3
DAP PROJECT RECORD DOCUMENTS
Page 3 of 4
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
2. Preservation 1
a. Considering the Contract completion time, the probable number of occasions 2
upon which the job set must be taken out for new entries and for examination, 3
and the conditions under which these activities will be performed, devise a 4
suitable method for protecting the job set. 5
b. Do not use the job set for any purpose except entry of new data and for review 6
by the City, until start of transfer of data to final Project Record Documents. 7
c. Maintain the job set at the site of work. 8
3. Coordination with Construction Survey 9
a. At a minimum clearly mark any deviations from Contract Documents 10
associated with installation of the infrastructure. 11
4. Making entries on Drawings 12
a. Record any deviations from Contract Documents. 13
b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 14
change by graphic line and note as required. 15
c. Date all entries. 16
d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 17
e. In the event of overlapping changes, use different colors for the overlapping 18
changes. 19
5. Conversion of schematic layouts 20
a. In some cases, on the Drawings, arrangements of conduits, circuits, piping, 21
ducts, and similar items, are shown schematically and are not intended to 22
portray precise physical layout. 23
1) Final physical arrangement is determined by the Contractor, subject to the 24
City's approval. 25
2) However, design of future modifications of the facility may require 26
accurate information as to the final physical layout of items which are 27
shown only schematically on the Drawings. 28
b. Show on the job set of Record Drawings, by dimension accurate to within 1 29
inch, the centerline of each run of items. 30
1) Final physical arrangement is determined by the Contractor, subject to the 31
City's approval. 32
2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 33
ceiling plenum", "exposed", and the like). 34
3) Make all identification sufficiently descriptive that it may be related 35
reliably to the Specifications. 36
c. The City may waive the requirements for conversion of schematic layouts 37
where, in the City's judgment, conversion serves no useful purpose. However, 38
do not rely upon waivers being issued except as specifically issued in writing 39
by the City. 40
B. Final Project Record Documents 41
1. Transfer of data to Drawings 42
a. Carefully transfer change data shown on the job set of Record Drawings to the 43
corresponding final documents, coordinating the changes as required. 44
b. Clearly indicate at each affected detail and other Drawing a full description of 45
changes made during construction, and the actual location of items. 46
c. Call attention to each entry by drawing a "cloud" around the area or areas 47
affected. 48
01 78 39 - 4
DAP PROJECT RECORD DOCUMENTS
Page 4 of 4
CITY OF FORT WORTH FORT WORTH SOUTH BUILDING 5, 6, & WERNER LOT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103629
Revised April 7, 2014
d. Make changes neatly, consistently and with the proper media to assure 1
longevity and clear reproduction. 2
2. Transfer of data to other Documents 3
a. If the Documents, other than Drawings, have been kept clean during progress of 4
the Work, and if entries thereon have been orderly to the approval of the City, 5
the job set of those Documents, other than Drawings, will be accepted as final 6
Record Documents. 7
b. If any such Document is not so approved by the City, secure a new copy of that 8
Document from the City at the City's usual charge for reproduction and 9
handling, and carefully transfer the change data to the new copy to the approval 10
of the City. 11
3.5 REPAIR / RESTORATION [NOT USED] 12
3.6 RE-INSTALLATION [NOT USED] 13
3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 14
3.8 SYSTEM STARTUP [NOT USED] 15
3.9 ADJUSTING [NOT USED] 16
3.10 CLEANING [NOT USED] 17
3.11 CLOSEOUT ACTIVITIES [NOT USED] 18
3.12 PROTECTION [NOT USED] 19
3.13 MAINTENANCE [NOT USED] 20
3.14 ATTACHMENTS [NOT USED] 21
END OF SECTION 22
23
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP Application
24