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Contract 57298-PM1
PROJECT MANUAL FOR THE CONSTRUCTION OF TMS CHAMPIONS HAPT IPRC Record No. IPRC21-0140 City Project No. 103772 FID No. 30114-0200431-103772-E07685 X File No. X-27128 Mattie Parker David Cooke Mayor City Manager Christopher P. Harder, P.E. Director, Water Department William Johnson Director, Transportation and Public Works Department Prepared for The City of Fort Worth APRIL 2022 KFM ENGINEERING AND DESIGN, DAVID PITCHER, P.E. F-20821 CSC No. 57298-PM1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 5 CITY OF FORT WORTH TMS Champions HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised March 20, 2020 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions Last Revised 00 11 13 Invitation to Bidders 03/20/2020 00 21 13 Instructions to Bidders 03/20/2020 00 41 00 Bid Form 04/02/2014 00 42 43 Proposal Form Unit Price 05/22/2019 00 43 13 Bid Bond 04/02/2014 00 45 11 Bidders Prequalification’s 04/02/2014 00 45 12 Prequalification Statement 09/01/2015 00 45 13 Bidder Prequalification Application 03/09/2020 00 45 26 Contractor Compliance with Workers' Compensation Law 04/02/2014 00 45 40 Minority Business Enterprise Goal 08/21/2018 00 52 43 Agreement 06/16/2016 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 Maintenance Bond 01/31/2012 00 72 00 General Conditions 11/15/2017 00 73 00 Supplementary Conditions 07/01/2011 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded Projects 01/10/2013 Division 01 - General Requirements Last Revised 01 11 00 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 01 31 20 Project Meetings 07/01/2011 01 32 33 Preconstruction Video 08/30/2013 01 33 00 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 71 23 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 01 77 19 Closeout Requirements 04/07/2014 01 78 23 Operation and Maintenance Data 04/07/2014 01 78 39 Project Record Documents 04/07/2014 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 5 CITY OF FORT WORTH TMS Champions HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 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/ or https://apps.fortworthtexas.gov/ProjectResources/ Division 02 - Existing Conditions Last Revised 02 41 13 Selective Site Demolition 12/20/2012 02 41 14 Utility Removal/Abandonment 12/20/2012 02 41 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 12/20/2012 03 34 13 Controlled Low Strength Material (CLSM) 12/20/2012 03 34 16 Concrete Base Material for Trench Repair 12/20/2012 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Division 26 - Electrical 26 05 00 Common Work Results for Electrical 11/22/2013 26 05 10 Demolition for Electrical Systems 12/20/2012 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011 26 05 50 Communications Multi-Duct Conduit 02/26/2016 Division 31 - Earthwork 31 10 00 Site Clearing 12/20/2012 31 23 16 Unclassified Excavation 01/28/2013 31 23 23 Borrow 01/28/2013 31 24 00 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 12/20/2012 31 36 00 Gabions 12/20/2012 31 37 00 Riprap 12/20/2012 Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 12/20/2012 32 01 18 Temporary Asphalt Paving Repair 12/20/2012 32 01 29 Concrete Paving Repair 12/20/2012 32 11 23 Flexible Base Courses 12/20/2012 32 11 29 Lime Treated Base Courses 12/20/2012 32 11 33 Cement Treated Base Courses 12/20/2012 32 11 37 Liquid Treated Soil Stabilizer 08/21/2015 32 12 16 Asphalt Paving 12/20/2012 32 12 73 Asphalt Paving Crack Sealants 12/20/2012 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 CITY OF FORT WORTH TMS Champions HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised March 20, 2020 32 13 13 Concrete Paving 12/20/2012 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 13 73 Concrete Paving Joint Sealants 12/20/2012 32 14 16 Brick Unit Paving 12/20/2012 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 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 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 CITY OF FORT WORTH TMS Champions HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised March 20, 2020 33 12 21 AWWA Rubber-Seated Butterfly Valves 12/20/2012 33 12 25 Connection to Existing Water Mains 02/06/2013 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 33 12 40 Fire Hydrants 01/03/2014 33 12 50 Water Sample Stations 12/20/2012 33 12 60 Standard Blow-off Valve Assembly 06/19/2013 33 31 12 Cured in Place Pipe (CIPP) 12/20/2012 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 12/20/2012 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 12/20/2012 33 31 22 Sanitary Sewer Slip Lining 12/20/2012 33 31 23 Sanitary Sewer Pipe Enlargement 12/20/2012 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012 33 39 10 Cast-in-Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 Fiberglass Manholes 12/20/2012 33 39 40 Wastewater Access Chamber (WAC) 12/20/2012 33 39 60 Epoxy Liners for Sanitary Sewer Structures 12/20/2012 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 12/20/2012 33 41 12 Reinforced Polyethlene (SRPE) Pipe 11/13/2015 33 46 00 Subdrainage 12/20/2012 33 46 01 Slotted Storm Drains 07/01/2011 33 46 02 Trench Drains 07/01/2011 33 49 10 Cast-in-Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 34 41 10 Traffic Signals 10/12/2015 34 41 10.01 Attachment A – Controller Cabinet 12/18/2015 34 41 10.02 Attachment B – Controller Specification 02/2012 34 41 10.03 Attachment C – Software Specification 01/2012 34 41 11 Temporary Traffic Signals 11/22/2013 34 41 13 Removing Traffic Signals 12/20/2012 34 41 15 Rectangular Rapid Flashing Beacon 11/22/2013 34 41 16 Pedestrian Hybrid Signal 11/22/2013 34 41 20 Roadway Illumination Assemblies 12/20/2012 34 41 20.01 Arterial LED Roadway Luminaires 06/15/2015 34 41 20.02 Freeway LED Roadway Luminaires 06/15/2015 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 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 5 CITY OF FORT WORTH TMS Champions HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised March 20, 2020 Appendix GC-4.01 Availability of Lands GR-01 60 00 Product Requirements XXX Easement exhibits XXX Stormwater approved products list dated 10/13/21 END OF SECTION 00124J IIAI'.Iill� 1'll()1'()SAL I`oga 1 of I SECTION 00 42 43 Developer Awarded Pro�ects • PROPOSAL FQRM UNIT PRICE BID Bidder's Application Thir 1{�d is nn6mlllud by ihc enlilp nxmed bctow: ninnttit: F:mhrcy IhillJcrs, I,I.C, io:o rve �,00�� aio, sw�c �no Swi .\ntonlo,'I'X 782119 Canlrector ngrecs In eo�nplelo N'ORK for FINAI. ACCF;P'f.WCli �rflh�n CU�TIIAC'f cunnnences lo rnn xs prmided In U�e Cenerxl Condltlunr. RYi �Ick Mclhrnin Nick Mcllwai�j'�� ��v- 'CI'fLR: Vicn PreGdmu of Prc-Cnnslrucllon � F,:timnling DATN:: y/q2022 �-:..�96.. -� � workinq dey� xfter We dntewLen Ihc l:ND OF SEfPfION l'll'Y Of 1'ONI' \t'()N'1'II SI'ANl)ARl) ('1)NSTItU(,"fl(�.�' SYI'LII'ICA'I'IIIN npfllAlfM1'3.1)LVt�.I.(ll'I:R Al4AltDliD I'itl)Il'(:1'S 1'orin Vice�luii Mxy 2i,1019 iq 424J_IIN ProPuual JInY UNIT I: WATER IMPROVEMENTS $301,284.00 UNIT II: SANITARYSEWER IMPROVEMENTS �� $88,278.00 UNIT III: DRAINAGE IMPROVEMENTS �����µ�����������T $8,610.00 UNIT IV: PAVINO IMPROVEMENTS $63 667.00 UNIT V: STREET IIGHTING IMPROVBMENTS ������c� �.sno nn DocuSign Envelape la: AC95A1AA-�2E9-4�92-BQ36-322A351F468A ooas i� DAP P]ZF.QUALIFICATI(liJ S"fA �En9L-IVT P, �zr 1 ot I SECTION 00 45 12 DAP — PREQUALIF1CATiON STATEMENT Each Bidder is required to co�nplete the inforr�ation belaw by identifying the prequalified contractors and/or subcontractors whom they intend ta utilize for the major work type{s) listed. In the "Ma'or Work Ty_pe" box provide the_coin�lete major work tYpe and actual descripti�n as pravided bv the Water Department far water and sewer and TPW far pavin� Major Work Type Contractor/Subcontractor Company Name Prequali�cation Ex iration Date Water Distribution, Bandera Utility Contractors, Inc. Develapment, 12-inch diameter 4/30/2022 and smaller Sewer Collection System, Bandera Utility Contractors, Inc. Development, 8-inches and 4/3�/2Q22 smaller Roadway and Pedestrian MSF Electric, Inc. Lighting 1/26/2Q24 The undersigned het-eby certifies that t��e contractors and/or subcor►tractors described in the table above are cvrrently prequalified for the work kypes listed. BIDDER: Embrcy Baiilders LLC 1020 NE Loap 4l 0 Suite 700 San Antanio, TX 78209 B docuS'igInT�ld �Tl ��jr �lWl .��lU,l? _ ,aaa�e,ss�aance.. (Signature) TITLE: Managing Director/EVP of Canstitiiction DATE: <Date Here> 4/12/2022 END OF SECTION QTYOF FORT WORTH STANDARb CONS7RUCTION PREqUALIFICA710N 5TATEMENT - �EVELOPEEi AWRR�EO PROJEC75 $4b6fdaQe3elc586480AE84Af�45�9984307166B53567E.dacx Farm Versian September 1, �41.5 FORT�VORTHo �---�. -.��.-:�-~� : �� ��5 May Q9, 2022 Mr M Jeffrey Hicks Bandera Utiiity Contractars Inc 416 Interchange St McKinney, TX 75071 PR�QUA�IFICATION TO Blb C[TY OF FORT WOR7H WA��R [IEPARTMEIVT PRO.fECTS Dear Mr. Hicks: Thank you for your submittal of inforrriation and data toward prequalification ta perforrn our work. We are pleased ta advise that your prequalification ftas been finaiizeck. A bid limit $159,602,359.90 has been established for your organization based on the financial data submitted, Your firm is prequaliFied to perform tYte follawing work: -- Wastewater Mains (12" and under) for New Development using Open Cut construction meihods -- Water Mains (16" and under} for New Develo�ment Using Open Cut construction methods The prequalification and bid lirr�it established a�ove will remain cu�rent through 4/30/2023 This date was established to be sixteen (16} months from the date oF the most recent financial statement received, unless rescinded for cause. Should you desire prequalification in the future beyond the afaretnentior�ed, submittal of updated finartciafs, work experience, and equipmenf list will be necessary far ti�is departmeni to establish a new bid limit. Please be advised fhai #he plans and docur�ents for the work to be performed rnust be submitted to anc� approved by the City of Fort Worth Water Department. We appreciate your interest in aur work and should you have some question in this or other matters witinin our purview, please c�o not hesitate to contact Mr. JQhn Kasavich a# (817)392-8480 or Nor�na Sauceda at (817)392- 6055. Yours very truly, j ��� �� � � � �o � ��� Chris Harder, P.�. Water Director �'ort Worth � a�M�dicacity �0���'' ��e� • ���a • xo>> MA�L TO: John Kasavich, P.E. Fort Worth Water Department Engineering & Regulatory Services 200 Texas Sfreet For# Worth, TX 76102 WATER DEPARTMENT TNF. C]TY OF FORT WORTiI * ZOO Tr'.XAS S'IIt�.ET * FpRi WORTN, TF.XAS 7C7��z 817-392-82�l0 * Fnx 817-392-8195 �� Printed on recycled paper D0 �4i ?6 - I CO:v'1'KAC f(_]IZ C(}11iP1.le1\CI: Ii ITl I LY{)IZI:ER'S CORiPF..\S:1T[ON ]_.�11�' Pagc I ol' I I � � =� 5 li 7 8 9 10 11 I? 1.i 1 �} 1� 1G ]7 18 ]9 �p ?� �� 23 �4 25 26 �� �g ?q 30 31 32 33 34 j5 J6 �7 38 39 SCCTION 00 =45 26 C'ON"]'RACTOIZ CC3Mi'I,[AN�F. W[Tf1 WORKF.R'S COMPENSATIOT�I [.AW PlkfSUFliI! EO TQY15 L�3�Oi' COCiI: SL'Cllpll �0�.O96�a), aS iiiTlel1Ci�Cj, Contractor certities that it provides �vorker's cnmpensation insiirance co�-eraUe for all of its employees employed an City Project No. 103773. Contractor turther certif7es ihat, pursuant to Tesas Labor Coc�e, Section �Ob,096(b), as amended, it r,vill pro��ide to City iEs subcontractoi's cc���tificates ofeoi�tpliance with «�orl:���'s carnpensation co��era+�e. C��]� �.�[�C�� EmUrcy Builders LLC Company By: ,lim Gi{ i020 1vE L.o��410,_Suite 70U Signature: Addr�ss San Antonio. TX 78209 �I�itle: Mar City/State/�ip Ti-EF., ST11TC C)F �TXAS COUNTY OF BEXAR � § (Please�Pr� (I'lease I'rint} BEFORE ME, the uEldersig�3ed at�thorily, oE� [I�is day ��ersonally appeared Jim Gill , known to �ne io be tE�e person �vhose name is subscribed to the fore4�oiny insirument, ai�d ack�lo�iledgec! to me tl�at helsl-►e exec�ited tlje same as the act and deed o[' �mbrev [3uilc�ers I.LC for the purposes �nd consideratio�� therein e�pressed and in thE capaeity t��erein sfiated. GI E:,N 11NDCR MY 1-�AND AND SEAL QF UFFIC� tltis � ,?Oa� _ ` �����{iYIP���� LYNN WHETEHEAI7 :� �� B : _i;�:�sNotary Puhlic, State of 7exas ��� ,,,,,, }�, Comm. Expires 02-26-262a '''�i,°;,;�`� Notery ID 7173649 �ND OF SECTION f'l�l l' {)F I�ORT 1'�'f)�21�1 I 51'ANDAIZD CUNSTRLlCTI{}N SPLCIFICA'fION DOCL.IMCi+f"['S Re� isi�i April 2, 2() l4 �� of lic ii ��nd for tfle State of Texas fh15 ('11AM1'3ONS €iAPI [0377? 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 4 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised June 16, 2016 4868-3409-7930, v. 2 SECTION 00 52 43 1 AGREEMENT 2 THIS AGREEMENT, authorized on 11th of April, 2022 is made by and between the Developer, 3 Champions Way DFW, LP, authorized to do business in Texas (“Developer”) , and Embrey 4 Builders, LLC, authorized to do business in Texas, acting by and through its duly authorized 5 representative, (“Contractor”). 6 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 7 follows: 8 Article 1. WORK 9 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 10 Project identified herein. 11 Article 2. PROJECT 12 The project for which the Work under the Contract Documents may be the whole or only a part is 13 generally described as follows: 14 TMS CHAMPIONS HAPT________________________________________________________ 15 103772 ______________________________________________________ 16 Article 3. CONTRACT TIME 17 3.1 Time is of the essence. 18 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 19 Documents are of the essence to this Contract. 20 3.2 Final Acceptance. 21 The Work will be complete for Final Acceptance within 90 working days after the date 22 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 23 City Conditions of the Construction Contract for Developer Awarded Projects. 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that Developer 26 will suffer financial loss if the Work is not completed within the times specified in 27 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 28 the Standard City Conditions of the Construction Contract for Developer Awarded 29 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 30 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 31 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees 32 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 33 Developer Zero Dollars ($0.00) for each day that expires after the time specified in 34 Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. 35 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised June 16, 2016 4868-3409-7930, v. 2 Article 4. CONTRACT PRICE 36 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 37 Documents an amount in current funds of FOUR HUNDRED SEVENTY-THREE 38 THOUSAND SIXTY EIGHT AND 00/100 Dollars ($473,068.00). 39 Article 5. CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 A. The Contract Documents which comprise the entire agreement between Developer and42 Contractor concerning the Work consist of the following:43 1. This Agreement.44 2. Attachments to this Agreement:45 a. Bid Form (As provided by Developer)46 1) Proposal Form (DAP Version)47 2) Prequalification Statement48 3) State and Federal documents (project specific)49 b. Insurance ACORD Form(s)50 c. Payment Bond (DAP Version)51 d. Performance Bond (DAP Version)52 e. Maintenance Bond (DAP Version)53 f. Power of Attorney for the Bonds54 g.Worker’s Compensation Affidavit55 h. MBE and/or SBE Commitment Form (If required)56 3. Standard City General Conditions of the Construction Contract for Developer57 Awarded Projects.58 4. Supplementary Conditions.59 5. Specifications specifically made a part of the Contract Documents by attachment60 or, if not attached, as incorporated by reference and described in the Table of61 Contents of the Project’s Contract Documents.62 6. Drawings.63 7. Addenda.64 8. Documentation submitted by Contractor prior to Notice of Award.65 9. The following which may be delivered or issued after the Effective Date of the66 Agreement and, if issued, become an incorporated part of the Contract Documents:67 a. Notice to Proceed.68 b. Field Orders.69 c. Change Orders.70 d. Letter of Final Acceptance.71 72 73 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of 4 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised June 16, 2016 4868-3409-7930, v. 2 Article 6. INDEMNIFICATION 74 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 75 expense, the city, its officers, servants and employees, from and against any and all 76 claims arising out of, or alleged to arise out of, the work and services to be performed 77 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 78 under this contract. This indemnification provision is specifically intended to operate 79 and be effective even if it is alleged or proven that all or some of the damages being 80 sought were caused, in whole or in part, by any act, omission or negligence of the city. 81 This indemnity provision is intended to include, without limitation, indemnity for 82 costs, expenses and legal fees incurred by the city in defending against such claims and 83 causes of actions. 84 85 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 86 the city, its officers, servants and employees, from and against any and all loss, damage 87 or destruction of property of the city, arising out of, or alleged to arise out of, the work 88 and services to be performed by the contractor, its officers, agents, employees, 89 subcontractors, licensees or invitees under this contract. This indemnification 90 provision is specifically intended to operate and be effective even if it is alleged or 91 proven that all or some of the damages being sought were caused, in whole or in part, 92 by any act, omission or negligence of the city. 93 94 Article 7. MISCELLANEOUS 95 7.1 Terms. 96 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 97 the Construction Contract for Developer Awarded Projects. 98 7.2 Assignment of Contract. 99 This Agreement, including all of the Contract Documents may not be assigned by the 100 Contractor without the advanced express written consent of the Developer. 101 7.3 Successors and Assigns. 102 Developer and Contractor each binds itself, its partners, successors, assigns and legal 103 representatives to the other party hereto, in respect to all covenants, agreements and 104 obligations contained in the Contract Documents. 105 7.4 Severability. 106 Any provision or part of the Contract Documents held to be unconstitutional, void or 107 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 108 remaining provisions shall continue to be valid and binding upon DEVELOPER and 109 CONTRACTOR. 110 7.5 Governing Law and Venue. 111 This Agreement, including all of the Contract Documents is performable in the State of 112 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 113 Northern District of Texas, Fort Worth Division. 114 00 52 43 - 4 Developer Awarded Project Agreement Page 4 of 4 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised June 16, 2016 4868-3409-7930, v. 2 115 7.6 Authority to Sign. 116 Contractor shall attach evidence of authority to sign Agreement, if other than duly 117 authorized signatory of the Contractor. 118 119 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 120 counterparts. 121 122 This Agreement is effective as of the last date signed by the Parties (“Effective Date”). 123 124 Contractor: Developer: Embrey Builders, LLC a Texas limited liability company Champions Way DFW, LP, a Texas limited partnership By:_______________________ James M. Gilly Executive Vice President By: CWFW GP, LLC, a Texas limited liability company, its general partner By: ___________________________ Jeremy Williams Senior Vice President – Development 1020 NE Loop – Ste 700 San Antonio, TX 78209 1020 NE Loop – Ste 700 San Antonio, TX 78209 Date 125 4/11/2022__________________ Date 1 3 CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: SF13CGL112657IC COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s):Location(s) Of Covered Operations Any person or organization for whom you are performing operations during the policy period when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. . Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B.With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work"out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Embrey Builders, LLC SF21CGL202269IC 9/1/2021 9/1/2022 67981450 | 22EMBREPAR | 21-22 GL/Umb 21/22 WC/Auto | Kathie Widby | 4/28/2022 2:06:41 PM (CDT) | Page 3 of 3 DocuSigr� �nvelope ID: 926B5993-2FD9-4649-B385-0697861EOF2F 006213-1 PERFORMANCE BOND Page 1 of 2 1 2 3 4 5 G 7 THE STATE OF TEXAS COi1NTY O� TARRANT SECTION d0 b2 13 PERFORMANCE BOND Bond Number 4453379 § § KNOW ALL BY THESE PRESENTS: § 8 That we, Embrey Builders,, LLC, known as "Principal" herein and SureTec Insurance 9 Com,_panv, a corporate surety(sureties, if more than one) duly authorized to do business in the l 0 State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto u the Deveioper, Champions Way DFW, LP, authorized to do business in Texas ("Developer") and l2 the City of Fort Worth, a Texas municipal corporation ("City"}, in the penal sum of, Four l3 Hundred Seventv-Three Thousand Sixtv Ei�ht and 00/100 Dollars ($473,068.00), lawful money 14 of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which i5 sum well and truly to be made jointly unto the Develop�r and the City as dual obligees, we bind 16 ourselves, our heirs, executars, administrators, successors and assigns, jointly and severally, 17 firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the Ciry of Fort Worth by and through a Community Facilities 20 Agreement, CFA Number 21-0155; and 21 WHEREAS, the Principai has entered into a certain written cantract with the Developer awarded 22 the 11 th day of A�ril, 2022, which Contract is hereby referred to and made a}�art hereof for all 23 purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories 24 defined by law, in the prosecution of the Work, ir�cluding any Change Orders, as pravided for in 25 said Contract designated as TMS CHAMPIONS HAPT. 26 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 27 shall faithfully perform it obligations under the Coniract and shall in all respects duly and 28 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 29 specifications, and contract documents therein referred to, and as weli during any period of 30 extensian of the Contract that may be granted on the part of the Developer andlor City, then this 31 obligation shall be and become null and void, otherwise to remain in full force and effect. Cl'�'Y OF FOKT WORTH TMS CHAMPIONS HAPT STANDARD CITY CONDiTIONS - DEVELOPER AWARDED PROJECTS l03772 Revised lanuary 31, 2Di2 DocuSign Envelope II�: 926�5993-2FD9-4B19-B385-0697861EOF2F 006213-2 PERFORMAI�CE BO1�D Page 2 oF2 1 PROVIDED FURTHER, that if any legal action be fiied on this Bond, venue shall lie in 2 Tatrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This band is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the pro�isions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this insirument by duly authorized agents and officers an this the 28�' day of A�rii, 2022. 9 10 ll j2 13 14 15 ATTEST: �„sq�.a ey: lb S- �1`_� 17 Sara Hanback "�'" 7""— 18 (Principal) Sec ['�x350E83E4CE 19 20 21 22 23 24 Witness as to Principal 25 26 27 28 29 30 31 32 33 34 35 3 _ 38 � 39 Wimess as to rety 40 41 42 43 *Note: 44 45 46 47 PRINCIPAL: Embrev Builders LLC BY: �� ��f ��� �ce. Jim Gill� — Manaeine DirectodEVP Name and Title Address: 1020 NE Loop 410 Suite 700 San Antonio. TX 78209 SURE"FY: SureTec Insurance Company BY: ' �-'�'1�+.+ .�, - .- - Signature Thomas �. Whitney, Attorney-In-Fact Name and Title Address: 9737 Great Hills Trail, Suite 320 Austin,l7C 78759 Telephone Number: (210) 249-2350 lf signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. lf Surety's physical address is different from its mailing address, both must be provicied. The date of the bond shall not be prior to the date the Contract is awarded. C1TY OF FORT WORTH TMSCNAMPIONSHAP�' 5'�AiVDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS 1037T2 Revised January 31, 2012 SureTec insurance Company IMPORTAN7 NaTICE Statutory Complaint NoticelFiling of Claims To abtain information or make a complaint: You may call the Surety's toll free telephone numberfor information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to tMe Surety at: SureTec Insura�ce Company 9737 Great Hills Trail, Suite 32a Austin, TX 7$759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, right� or complaints at 1-BOQ-252-3439. You may write the Texas Department af Insurance at: PO Bax 149104 Austin, TX 7$714-9104 Fa�: 512-490-1007 Web: hita=�hvww.S��_�s.s�ow Email� ConsumerProtecdon(c�tdi.texas.gov pREMIUM OR CLAIMS DISPUTES: Shouid you ha�e a dispute car�ceming your premium or about a claim, you should contact the Surety frst. If the dispute is not resolved, you may contact the Texas Department of Insurance. Texaa Itider 8l2014 POA# 4229835 .�OINT L�MITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec lnsurance Company, a Corporatian duly organited and eKisting under the laws af the Slate of 7exas and ha+ring its principal o�ce in the County of Harris, Texas and Markel Insuraoce Company {tht "Compan}/'�, e torporatia� duly organixed and existing under the laws of the state of Iliinois, and having its principal administrative office in Glen Allen, vrginia, dues by these presents make, tonstitute and appoint: Catherine M. MarEinez, Deborah L. Jung, MiChael N. Venson, Roberl B. Wray, S. West Warren, Thomas E. Whitney, Donaid E. Miller, Jr. 7heir true and lawful agent(s} and attorney{s}dn-fact, each in their separate capacity iF more than one is named above, ta make, execute, seal and deliver for and on their own behalf, individually as a surety or Jointly, as to-surpties, and as thefr act and deed any and al! ba�ds and other undertaking in suretyship provided, however, that the penal sum of any one sach instrumeni executed hereunder shall not exceed the sum of: Ten MilEjon and OON06 Dollars ($10,000,000.00) This Power of Attorney is granted and is signed and sealed under and 6y the authoriry of the fallowing Resoluilons adopted by the 8oard of Direttors of SvrcTec lnsurance Company and Markel Insurence Company� "RESOEVED, 7hat the Presideat, Senior Vice President, Vice Presldent, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attomey, and such auEhority can be executed i�y use oF facsimile signature, which may be attested or acknowledged by any officer or attomey, of the company, qualifying the attorney or attorneys named ia the given power of attomey, to execute in hehalf of, and acknow[edge as the act and deed of the SureTet Insuranee Company and Markel Insurante Company, as the case may 6e, all 6ond undertakings and cvntracts ot suretyship, and to afFx the corporate seal Lhereto." iN WITNESS WHEREOF, Nlarke� Insurance CompanY and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the z�m day of M•rcn � zam SureTec Insure�ce [ompany r������9Fc� b er� � w �o r� Michael C. Neimig, President 'r 1 Y '_....,*.r• Commonwealth of Virginia County of lienrico S5: ``����t��c���� Mark�� insur ce Company :`t�`J�+' � ': `r SEAL n�= { :�` gy. �� ••��'��'�� �� fi in Rns3o, Senior �ce President ''����Mqi i�utt�`�` On th+s ��e day ef Mu� . sozo A, D., 6etore me, a Notary Public pf the Commonwealth of Vitginla, !n and for the Lounry oF Henricp, duly commissloned and qualified, came TFtE A80VE OFFICERS QF THE �OMPANIES, to me personally known to he the �ndividuals and oHicers described In, who executed the preceding instrvment, and they acknowledged the executlon ot same, and being 6y me duiy sworn, dEsposed and said that they are the officers oi ihe said campanies a(oresald, and that the seals affixed to the p�aceeding instrument are the Corporate Seals of sald Companfes, and the said Corporate Seals and their signatures as of£cers were dulv affixed and subscrlbed to the said Instrurnent by the suthority and d�rcction of the said comparties, and that Resoiutions adapted by the Board pf Dfrectors of sald Cnmpanies referred to in the precrdi�g instrument is now in force. �� ����� i � i� IN TfSTIMONY WHEREOF, I have hereunto set m hand, and affixed m b�,�,�,a'' P D O� I,,l+� y r A��,S R� p B�Nof Henrico, the day and year first abo�e written. . O�•o'��' �'&�'.2i, : ; �: - : � N{Y � : • � —�� COA�A�ISSiON = gy, � ' � ' NUPABER � Q ' •. ' % O: : Z� Donna Donavant, Notary Pub;ic �'�,070b3968 ` .,� � .\��;` ` My commission expkres 1/31�2023 We, the uadersigned Officers of SureTec Insurance Company and Marke�s�p�[�/�'�by d�q�ierbY certlfy that the original POWER OF ATTORNEY of+vi�ich the foregoing Is a full, true and rorrect copy Is still in fulE force and eHect and halhqt����r� �'�yplc��d, tN W[�NE55 WHEREOF, we have hereunto set our hands, �nd �ffiKed the Seals oE said Companies, on the _2$�h �day of April 2022 Su eclnsur ce pan B M. Br t 9eaty, Assistant Secreta Markel Insurence Company � � � By: � � -- RkcfiaM R Grinnan, Vice President an ary Any Instrument Issued in excess o( the penalty slated above is totally void and without any validity. 422183b For verification o( the authority of thls Power you may call (713j812-0BOQ on any business day hetween 8:30 AM ana 5:00 aM CSr DocuSign Envelope ID: 4AD2A837-FDF2-49AD-998$-A69A1D3D03C9 066214-I PAYMENTBOND Page i of 2 1 2 3 4 5 6 THE STAT� OF TEXAS COi]NTY OF TARRANT SECTION 00 62 14 PAYMENT BOND Bond Number 4453379 § § KNOW ALL BY THESE PRESENTS: § 7 That we, Embrey B_uilders, LLC, known as "Principal" herein, and SureTec lnsurance 8 Companx, a corporate surety ( or sureties if more than one), �uly authorized to do business in the 9 State of Texas, known as "Surety" herein (whether one or more), are held and iirmly bound unto 10 the Developer, Champions Way DFW, LP, authorized to do business in Texas "(Developer"}, and 1 l the City of Fort Worth, a Texas municipal corparation ("City"), in the penal sum of Four Hundred 12 Seventv-Three Thausand Sixt,y Eipht and 001100 Dollars ($473,068.00), lawful money of the 13 United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment af which sum well 14 and truly be made jaintly unta the Developer and the City as dual obligees, we bind ourselves, our 15 heirs, executors, administratars, successors and assigns, jointly and severally, firmly by these 16 presents: 17 18 14 20 21 22 23 24 WHEREAS, Developer and City have entered into an Agreement for the constructian of community facilities in the City of Fort Worth, by and through a Community Facilities Agreement, CFA Number 21-0155; and WHEREAS, Principal has entered into a certain written Contract with Developer, awarded the 1 l�' day of A r%� 1�, which Cantract is hereby referred to and made a part hereof for all purposes as if fully set farth herein, to furnish all materials, eyuipment, labor and other accessaries as defined by law, in the prosecution of the Work as provided for in said Cantract and designated as TMS CHAMPTONS HAPT. 25 NOW, THEREFORE, THE CONDITION O�' THIS OBLiGATION is such that if 26 Principal shall pay all monies owing to any (and all} payment bond beneficiary (as de�ned in 27 Chapter 2253 of the Texas Government Code, as amended} in the prosecution of the Work under 28 the Contract, then this obligatian shall be and become null and void; otherwise to remain in full 29 force and eftect. 30 31 This bond is made and executed in campliance with the provisions of Chapter 2253 of the Texas Gavernment Code, as amended, and all liabilities on this bond shall be determined in 32 accordance with the provisions af said statute. CITY OF FORT WORTH STANDARD CITY CONDITIpNS ��� D�VFC.c)P�:R AWARDED PR07ECT5 Revised January 31, 2012 TiNS CHAMPIONiS HAPT 103772 DocuSign Envelope Id: 4AD2AB37-FbF2-484D-9968-A69A1D3D03C9 006214-2 PAYMENT BOND Pege 2 of 2 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this thc 11 �' day of Anri1�2022. PRINCIPAL: Embre Builders LLC ATTEST: UxuSqnstl 6y: �.L.�.. HY.I�o�a,i�. Sara Hanb• k`S � (Principal) Secre ary ��� Witness as to Principal ATTEST: �r (Surety} c� �/��� itness as to Surety �� � .. B � �� �� g �� ... .,. Jim Gilly Managing Director/EVP of Canstructian Address: 1_020 NE Loop 410 Suite 700 San Antonio, TX 78209 SURETY: SureTec lnsurance Campany BY: � - � Signature Thomas E. Whitney, Attorney-In-Fact Name and Title Addre55: 97�7 Great Hills Trail, Suite 320 Austin, TX 78759 Telephone Number: (210) 249-2350 4 5 Note: If signed by an officer of the Surety, there must be an file a certified extract from the bylaws 6 showing that this person has authority ta sign such obligation. lf Surety's physical address is 7 different from its rnailing address, both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. lQ END OF SECTION CITY OF FOR1' WORTH STANDARD C1TY CON�ITIOn'S DEVELOPER AWARDED PROJECTS Rerised lanuary 31,2012 TMS CHAMPIO[YS HAPT 1U3772 SureTec Insurance Company IMPORTANT NOTICE Statutory Complaint NoticelFiling of Claims To obtain informatian or make a complaint: You may call the Surety's tall free telephone number for information or ta make a complaint or file a claim at= 1-866-732-0099, You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain informatian on companies, coverage, rights or complaints ak 1-800-252-3439. You may write the Texas Department of Insurance at: PO Bax 149104 Austin, TX 78714-9104 Fax#; 512-490-'f 007 Web� httA:l/www.tdi.texas.gov Email: ConsumerProtectionGtdi.texas.gorr PREMIUM OR CLAIMS DISPUTES: Should you have a dispute canceming your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Texas Rider812019 POAp 4221835 JOINT LIMITED POW�R OF ATTORNEY KNOW ALE MFN BY 7NESE PRESENTS: That SureTec lnsurance Company, a Carporation duly organired and existing under tMe iaws ot the State of Texas and having its principal o�ce in the [ounty of Harris, Texas and Markel insurance Company (the "Cort;pan�('�, a torporat{on du�y organized artd ex:sting under the laws of the state of plinots, a�d havfng fts printipal administrative o�ce fn Glen Alien, �rginia, does 6y these presents make, constitute and appainC Catherine M. Martinez, Deborah L. Jung, Michaef tV. Venson, Robert B. Wray, S. West Warren, Thomas E. VN�itney, Donald E, M�Iler, Jr_ Their;rue and law(ul agentjsj and ettorrtey{s}-ln-fact, eath in their separate capatiry if mare than one is named a6one, to make, execute, seal aad deliver for and pn their own behalf, ind��idual�y as a surety ar jolntly, as co-sureties, and as their act and deed any and �II bands and other undertakirtg in suretyship provzded; however, that the penal sum of any pne such instrument executed hereunder shall not exceed the sum af: Ten Millio� and 00l100 Dolfars ($10,000,000.04) This Power of Attorney is granted and is srgned and sealed under and 6y the authority of the following Resalutlons adopted by the 6uart! of pirettars oi SureTet Insurence Company and Marke! Insurance Company: "RESOLVED, That the President, Senior ViCe President, Vice President, Assistant Vice Preskdent, Secretary, Treasurcr a�d each af them hereby is tuthorized to execute powers af attomey, and such authority can be executed 6y use oE facslmile signature, which may 6e attested ar acknowledged by any officer or attomey, of the corr�pany, quali(ying the attorney or attomeys named in the giden power o4 attomey, to execute in 6ehaff oE, and acknawledge as the act and deed nf the SvreTec Insurance Company a�d Market Inswance Company, as the case may he, all bond undertakings and wntracts of suretyship, aod tp affix the corporete seal thereto." IN WITNESS WHEREOF, Markel Insurante Company and SweTec Insur�nce Company have caused their afficial seal to be hereunto a�zed and these presents to b¢ signed by thely duly authorized aFficers on the z�e day of M.�a� , 2020 . SureTec Insurance Company ey: Mlchael C. Keimig, President � �g�litAlV��,CO �j� � 1 y � ..* ,``���ut��C���� Markef Insur te Company . ���ibd �i :t� �'�`�:°o'- SCf1L ' y�= r ,�?: �y� �'���'�iTl9�' ~�` R m Russo, Senior Vice ?resident '���+lrfu��tt�`��� Comrnonwealth of �rginia County of Henrico 55: On this z�a day af M�+ • mzo A. D., he(ore me, a Notary Putrlic of the Commonwealth of Virglnfa, in and for the County of Henrico, duly commissioned and qualifed, ame THE A8pVE pFFICERS QF zHE COMPANIES, to me penenalfy knowo to be the indivEduais and officers descri6ed in, who executed the preceding insvumeni, and they acknowledged the executlon of same, snd being by me duly sworn, disposed and said that tt�ey are the o�cers of the said companies afpresald, and that the seals aftixed ta the proceeding instrument are the Corporate Seals of ssid Companies, and the said Lorporate Seals and the:r signatures as oFficers were duly affixed and su6scribed to the said Instrurnent by the avthority and direetion of the said campanEes, and that Resolutions adapted by the Board of Dfrectors o4 safd Cc+mpanies referred to in the preteding instrument is now In {prce. ��� ���*�� i i ��� .�` p, D 01y '�•, IN 7ESTIMQNY WtiEHEOF, I have hereunto set my hand, and affixed m� ga=F !!h � � .��_ a P�e.•.2�A.: enrico, the day and year first above wrkten. �O .PY � : 4 C : �2 �Y n' � _ � COAnMISSION : � By. � ��_ �-- ' � � NUr�BFR � � : ."" � O; �; Z� Donna Donavant, Notary Puh1�c �,'��0� 7Q�j3966. �\�, Mycommtssionexpiresl/31/2023 We, the undersigned Officers of Su�eTec Insurance Compony and WEarke�FJ�s��C��4yy d�q�ierby certify that the origlnal POWER OF AiTORNEY of which the foregaing �sa full, true and correct copy is atlll En full farce and effect and hale�qt�5r�� Fgyvtcbd, IN WITNESS WNEREOF, we have hereunto set our ha�ds, and a�xed the Seals of said Cornpanies, on the � � th day of April 2022 Su eclnsur ce pan e M. 8r t Beaty, Assistant 5ecreta Mtarkel Insvrance Company % sy 1� Richard R. Grfnnart, Vice President a� ary Any Instrument Issued in excess oF the penalry stated above is totally void and without any validity. 4221676 For veri(ication of the authority of this Power you may call �713)812-0800 vn any business day 6etween 8� 30 AM and 5:00 PM CST. DocuSign Envelope Ib: bb�2580A-BCO2-4BOE-B344-26369970C066 046219-1 MAINTENANCE BONlD Page 1 of 3 1 2 3 4 5 6 7 THE STATE OF TEXAS COUNTY OF TARRANT SECTION QO b2 19 MAINTENANCE BOND Bond Number 4453379 § § KNOW ALL BY THESE PRESENTS: § 8 That we Embrev Builders, LLC, known as "Principal" herein and SureTec Insurance 9 Companx, a corporate surety (sureties, if more than one) duly authorized to do business in the 10 State of Texas, known as "5urery" herein (whether one or more}, are held and firmly bound unto 11 the Developer, Champions Way DFW, LP, authorized to do business in Texas ("Developer"} and 12 the City of Fort Worth, a Texas municipal corporation ("Ci#y"), in the sum of Four Hundred 13 Seven -Three Thousand Sixt Ei t and 00/100 Dollars ($473,068.00), lawful money of the 14 United S#ates, to be paid in Fort Worth, Tarrant Counry, Texas, for payment of which sum well 15 and truly be made jointly unto the Developer and the City as dual obligees and their successors, 1G we bind ourselves, our heirs, executors, administrators, successars and assigns, jointly and 17 severally, firmly by these presents. 18 19 WHEREAS, Developer and City have enkered into an Agreement for the construction of 20 community facilities in the City of Fort WorEh by and through a Corrimunity Facilities 21 Agreement, CFA Number 21-0155; and 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, the Principal has entered into a certain written cantract with the Developer awarded the 11'� day of Aaril, 2022, which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by kaw, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order {collectively herein, the "Work") as provided for in said Cantract and designated as TMS Champians HAPT and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free frorn defects in materials or workmanship for and during the period of two {2) years after the date of Final Accepkance of the Work by the City ("Maintenance Period"); and CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised January 31, 2012 TMS CFIAMPIONS HAPT 103772 DocuSign Envelope ID: dDE25B0A-BCO2-46DE-B344-26369970C066 006219-2 MAINTE�lANCE 80ND Page 2 of 3 ! WHEREAS, Principal binds itselfto repair or reconstruct the Work in whole or in gart 2 upon receiving notice from the Developer and/or Ciry of the need thereof at any time within the 3 Maintenance Period. 4 5 NOW THERETORE, the condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shail become nuli and void; otherwise to 8 remain in full force and effect. 4 16 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely l 1 noticed defective Wark, it is agreed that the Developer or City may cause any and all such l2 defective Work to be repaired and/or reconstructed with a11 associated costs thereof being borne l3 by the �rincipal and the Surety under this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Te�s, Port 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive reca�eries may be had hereon for successive breaches. 21 22 23 CITY OF F4�T WQRi'H TMS CHAMPIONS HAPT STANDARB CITY CONDITIONS - DSVELOPER AWARDED PROJECTS 103772 Revised January 3l, 2012 bocuSign Envelope ID: DDE25BOA-BG02-4BOE-B344-26369970C0B6 �D6219-3 MAINTEI�AIVCE BOIV6 Page 3 of 3 4 5 6 � g 9 ]0 11 12 13 14 15 16 17 l8 l4 20 21 22 23 24 25 26 27 28 30 3l 32 33 34 35 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instruxnent by duly authorized agents and officers on this the 11'� day of _Anril, 2022, ATTEST: oo��sq�a ey: Sara Hanba k�`�'� �'� (Principal) ��E93E4CE... Witness as to Principal PRITICIPAL: Embre Builders LLC twc�w�.arr: - ��� tia�a� Jim Gilly, Managing Director�EVP Construction Name and Title Address: 1020 NE Loop 410 5uite 704 San Antonio, TX 78204 SURETY: SureTec Insurance Company BY•. � fr�,�,�] '�1 — Signahu'e Thomas E. Whitney, Attorney-In-Fact Name and Title as to Surety Address: 8737 Great Hills Trail, Suite 320 Austin, TX 78759 Telephone Number: (210) 249-2350 36 *Note: lf signed by an officer of the Surety Company, there must be on file a certified axtract 37 from the by-laws showing that this person has authority to sign such abligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH STANDARD CITY CONDITIONS DEVELOPER AWARDED PROJEGTS Revised January 31, 2032 TMS CHANfP10I�S HAPT 103772 SureTec Insurance Company IMP�RTANT NOTICE Sfatutory Comptaint NoticelFiling of Claims To obtain informatian or make a complaint: You may call the Surety's toJl free telephone number for informaiion ar to make a cam�laint or file a claim at= 1-8fi6-732-0099_ You may also write to the Surety at; SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439, You may write the Texas Department of Insurance at: PO Box 9491Q4 Austin, TX 78714-9104 Fax#= 512-490-1007 Web; ht#p:�hs�v�rw.tdi.texas.�ov Email: ConsumerProtection a�tdi.texas.gov PREMIUM OR CLAIMS DISPUTES� Should you have a dispute concerning your premium or about a claim, you should contact the Surety frst. If the dispute is not resolved, you may contack the Texas Department of Insurance. Texas Rider812019 pOq� a2z�as5 10[NT LIMfTED POWER 4� ATTORNEY KNOW AL! MFN BY THESE PRESEMTS_ That SureTec Insurance Company, a Corporotion duly organised and aKist'ng under the laws of the Stata of Texas and having {ts principal office In the [ounty af iiarris, Texas and Markel Insurance Company (the'Company('}, a carporation duly organized and exlsGng under che laws ot the state of Illinois, and having its prrncipal administrative o4fice in 61en Allen, �rginia, does by these preseots make, tonstitute and appoint: Catherine M. Martinez, Deborah L. Jung, Michael N. Venson, Robert B. Wray, S. West Wanen, Thomas E, Whitney. panald E. Miller, Jr_ Thetr true a�d lawful agent{sj and attorney(s)-in-fact, each in their separete capacity if more than orte Es named a6ove, to make, execute, seal and deliver for and on their own beha�f, indi�idually as a surery or jointly, as to-sureties, and as their act and deed any and all bonds and other undertaking in suretyship prpvided, however, that the penaf sum pf any one suth instrument executed hereunder shall not exceed the sum of: Ten MiElion and 00I100 Dollars ($10,000,000.00) This Power of Attarney is granted and is signed and sea�ed under and by the authority oF the foElowing Resolutions adopted by the Board of Dlrettors of SureTee Insurance tompany and Markel Insurance Cnmpoey� "RfSOtVED, That the Presidertt, Seniar Vice Presiden;, Vice president, Assistant Vice President, Setret8ry, Treasurer and each ot fhem hereby is authorized Eo execute powers ot attomey, and such authority ca� be executed 6y use of fautmde slgnature, which may be attested or acknowledged by any ofFlcer or attomey, pf the company, qualifying the attomey or attomeys named fn the given power of attorney, ta execute in behalf of, and acknowledge as the act artd deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and coqtracts of suretyship, and to a{fix the torporate seal thereto." kN WITIVESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their pfficial seal to be hereunto affixed and these presentt to be signed by their duly authorixed o�cers on the xare day of M+rff � sazo . SureTec Insurance [ompany ����F �G` � �'� BY� d � � � MithaeE C. Keimig, President �� '� •,,, * tomrt+onwealth of Virginia County of Henrico SS: ```,�s����c����' Markei Insur te Campany � ��'.�6a1�. � ?.,:'c�' x.d:�o: _�. S� t,�� � �'.� �'�T14�'�,�r BY• H in Russo, Senior �ce President ����ip� nut�����, Qn this 23�a day of �u� xno A. D., 6efore me, a Notary public of the CommonweaEth of Virginia, in and Eor the Gaunty ot Henrico, duly commissioned and qualified, came FHE ABOVE OFF[CERS OF THE COMPANIES, to me personaEly known !o be the indivtduals and oHicers descrl6ed in, who executed the prereding instrument, and tiiey ackrtowledged the execution of same, and 6eing by me duly swom, disposed and s�id that they are the offiCers of the said companies aforesald, and that the seals a�xed to the proceeding instrumen[ are the Corporete Seals of saEd Companies, and the said Corporate Seals and thelr signatures as oFficers were dulv affuted and subscribed to the sald instrurnent by the suthority �nd direction of the said companies, and that Resolutions adopted 6y ihe Bcard oi pirectors of sald Cnmpanies referced ta in the preceding instrument Es now En force. ��� �� �� t�� r ��� .�` p.D�l� � �., IIV TESTIMQNY WHEREOF, I have hereunto set iny hand, and affixed m a $.aF t W � � C Naf He�rico, the day and year �rst above written. � �P � Q�•Q'� R �Ge��.�'� : :Z MY C�; ' COMI.N�ISSfON ' gy. ' � : NUPA$F_R � Q • % O'. : 2: Donna Oooavant, Notary PuWic S �r� .. 7053968 � • � ,: C� ` My commission expires 1/31/2023 � � •.,.� .��� �: We, the undersigned Officers of SureTec lnsufance Campany and Marke�l'i+�s��C���iy ctQ�ierby certify that the original POWER OF A7TORNEY of whieh the foregoing is a lud, true and correct copy is still in full force and effett and hastiqt�r��r� �Fypk�d. IN WITNESS WHEREOF, we 1�ave hereunto set our hands, and affixed the 5eals of said Campanles, on the � jth day at__ Apfll 2�i2 Sur eclnsur ce pan B M. Br t Beaty, As5istant Secreta M�rkel Insurance Company �8y: �� Richard R. Grinnan, Yice President an ary Any Instrument lssued in excess of the peraltystated above is toully void and without any validity. 422183b For veri(ication af the authority of th's Power yau may call [713]912�p800 on any business day betwern 8:30 AM and S:OG PM CST. II SureTec Insurance Com an p Y IMP�RTANT NOTICE Statutory Complaint NoticelFiling of Claims To obtain [nforination or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or �ie a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 5737 Great Hills Trail, Suite 320 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or comp�ainks at 1-800-252-3439. You may write the Texas Department of Insurance at: PO Box 149104 Auskin, TX 787i4-9104 Fax#= 512-490-1007 Web; h#1�:I�nwwr.�di,tex�s.�v�v �ma�l: ConsumerPratectlon�di.texas.gov PREMIUM OR CLAlMS DISPUTES: Should you have a dispute conceming your premium ar about a claim, you shau�d contact the Surety first. If the cfispute is not resalved, you may contact the Texas Deparlment of Insurance. Te�s Rider $12019 . � POA� 4221e35 JOINT LIMfTED POWER OF ATTOR(VEY KNOW A!l MEH BY THESE PRESENTS: Th�t Sure7ec Insurance Company, a CorponHon duly organised and ekisting under the laws of the Suu otTexas and hav[ng Its pAncipi! otflor In the County of F{�nis, Texos and Markel Inwrance Company (tl�e'Comp�n�'�, a wrporstion duly orpnlsed �nd eKistfrtg under the I�ws ot the state nf Iltfnais, �nd havinp its principal idmfnistnt[ve office in Glen Alien, Virginfa. does 4y these prasents make, constitute and pppoint: Catherine M. Martinez, Deborah L. .lur�, Michael N. Venson, RobeR 6. Wray, S, WeaR Warren, Thomas E. Whitney, Donald E. MIAer, Jr. Thair true and lawtut agont{s} and attorrtey�s}la-fut, each in tiieir separate capaclry If mare than one fs named a6ove, m make, execute, seal and de�ver for and on thdr own behalf, individu:ly as a surety nr jolntly, as [o�suratiK, and as thdr att md deed any and il� bonds tnd atfier und*rtiking in suretyship provided; how�wer, th�t the penal sum of eny one suc� instrument executed hereundersh�ll not axceed the sum af: Ten Mil;ion and 00l100 �ollars ($10,000,000.00) This Power of Attorney Is grsnted �nd Is slgned and sealed under �nd by the authw:ty of the follovuing Resoludons adopted by the Board af Ofrectors of SureTec Insurance Company �ad Markel [nsurance Company� 'RE50LVED, That the President Senlar Vlce Presidant, Yfce President, Assistant Vice Prakdent, Seeretary, Trrasursr ind eich af them hereby is authodzed pp e�tecuta powers of attomey, and such �uthorfty esn be exeeuted hy use oF facslmile signawre, whEch may 6e attested ar acknowledged 6y sny ofHcer or pttomey, af the company, qualifying tha ettorney or attarneys named In the �iVen power of attamey,lo execute in hehalf of, �nd acknowledge as the oct and deed of the SureTee Insurance Campany aed Maricel Insunnce Company, as the case may be, all hand undertakings �nd conir�cts of suratyshlp, ond ta �fflx the corporue ual thereto.' IN WITNESS WHEREOF, Markd Insurence Company and SurcTec Inwrance Company have cause4 their off'iNal seal to 6e fiereunW affixed and these prasenu tp be signed by theEr duly authorized oNiurs on the xsm day of w.ra� � zo2o . 5urcTec Insurance campany By: Michael C. Kelmlg, President ��� � ' � � � 1 � t * ```� �,+� ��1�,���, M�rkel I�wr� ce Company g" ��� �,`�r��� .`` = 5� ,. s°�''s '�-`` 81r '4 �'�d�l'19'R''� ��` in eusso, SenEor Vice Prcs�dent ,,���/111�115t��,,,\ Gommonwealth oi �►ginla Gaunty of Hern'fto S5: dn thfs � day of �, zo�m A. D., 6eiore me, a Notary Publlc of the Commortwealth of Yir�inl�, in and for the Caunty of HenrEw, dufy Commiubned and qu�l9fied, wme THE ABOVE OFFICERS OF THE COMPANISS, to me perwnatly known eo 6a the Individuals and oHicers described In, whq exeeuted the precedfng instrument, a nd they acknawledaed the executfon of samo, artd being 6y me du.ly sworn, dispoud �nd said that they are the oiflcen of the sald comp�nfes �foresald. pnd thit the seals afflKed to the proceedEnQ instrument sre Ne Corporate Seals of sald Campanies, and the satd Corporat� Se�is and th�fr �ijnatur4s �s otNurs wen duly siPoced and su6seribed to tha said instrument by the �uthority and dlnctEon of the s�id wmparties, snd that ResoluGons sdopted by the Board of Dlrcttorx of sald Campanfes reTarred tolo the prceedEn` Instrument Es eow in forte. �� N����� � r�� IN TESTIMQNY WHEREOF, I have hereunto set my hand, and �ftiKed ,���eaFa� ��S/p, Nenrieo, tfie d�y and year flrst above written. : : %C�Y �6 •• '!J� : = ._° �y `��; = e C}�..� � COMlu{I55101Y : y; Z�� NUlABF R.; 2: p��i panavant, Notary Pub1k : ��,, 70b3968 � : . � ; My cammisslon expircs 1/31l2023 i• ��Q• �• We, the undersl�e�d ONlcers of SureTe[ Insuranc� Campany ind Mar �Ice�'M�F�+�y t��lerby cMNy that th� vrlgin�l POWER oF a r[��yEY of whish the Fom6oin6 Is a tu14 true tnd Carlaet copy k itll! In (utl forc� �nd ef{etl �nA haSAqR��t� f}'yd��• IN W�TNE55 WHEREOF, we have hereunta set our haads, aad aH6ced the Seals af ceid Cnmpanies, on the � day of Februa _ 2022 Su etlnwr ceC n a �n. e� t aeaty, rlssKton: sana Markel Insurance Compeny / � ' r� ��: 1 -- Rlcfiard R. Ghnnen, Vlce Presldent ary My Insuument I�suad In acttcs of the penalty Spted ibove Is toully vofd �nd without zny validity. 1221l.16 For verlflaUon ot the �uthority of thls Power you may catl j719f812•0800 an any butln�ss day 6etwean 5:30 AM and 5:00 PM CS' CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Before Starting Construction ........................................................................................................ 6 2.02 Preconstruction Conference .......................................................................................................... 6 2.03 Public Meeting .............................................................................................................................. 6 Article 3 – Contract Documents and Amending ............................................................................................... 6 3.01 Reference Standards ..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents .................................................................. 6 Article 4 – Bonds and Insurance ....................................................................................................................... 7 4.01 Licensed Sureties and Insurers ..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7 4.03 Certificates of Insurance ............................................................................................................... 7 4.04 Contractor’s Insurance .................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12 Article 5 – Contractor’s Responsibilities ........................................................................................................ 12 5.01 Supervision and Superintendent ................................................................................................. 12 5.02 Labor; Working Hours ................................................................................................................ 13 5.03 Services, Materials, and Equipment ........................................................................................... 13 5.04 Project Schedule .......................................................................................................................... 14 5.05 Substitutes and “Or-Equals” ....................................................................................................... 14 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16 5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16 5.08 Wage Rates.................................................................................................................................. 18 5.09 Patent Fees and Royalties ........................................................................................................... 19 5.10 Laws and Regulations ................................................................................................................. 19 5.11 Use of Site and Other Areas ....................................................................................................... 19 5.12 Record Documents ...................................................................................................................... 20 5.13 Safety and Protection .................................................................................................................. 21 5.14 Safety Representative ................................................................................................................. 21 5.15 Hazard Communication Programs ............................................................................................. 22 5.16 Submittals .................................................................................................................................... 22 5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ........................................................................................................................... 24 5.19 Delegation of Professional Design Services .............................................................................. 24 5.20 Right to Audit: ............................................................................................................................ 25 5.21 Nondiscrimination....................................................................................................................... 25 Article 6 – Other Work at the Site ................................................................................................................... 26 6.01 Related Work at Site ................................................................................................................... 26 Article 7 – City’s Responsibilities................................................................................................................... 26 7.01 Inspections, Tests, and Approvals .............................................................................................. 26 7.02 Limitations on City’s Responsibilities ....................................................................................... 26 7.03 Compliance with Safety Program ............................................................................................... 27 Article 8 – City’s Observation Status During Construction ........................................................................... 27 8.01 City’s Project Representative ..................................................................................................... 27 8.02 Authorized Variations in Work .................................................................................................. 27 8.03 Rejecting Defective Work .......................................................................................................... 27 8.04 Determinations for Work Performed .......................................................................................... 28 Article 9 – Changes in the Work ..................................................................................................................... 28 9.01 Authorized Changes in the Work ............................................................................................... 28 9.02 Notification to Surety .................................................................................................................. 28 Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28 10.01 Change of Contract Price ............................................................................................................ 28 10.02 Change of Contract Time............................................................................................................ 28 10.03 Delays .......................................................................................................................................... 28 Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29 11.01 Notice of Defects ........................................................................................................................ 29 11.02 Access to Work ........................................................................................................................... 29 11.03 Tests and Inspections .................................................................................................................. 29 11.04 Uncovering Work ....................................................................................................................... 30 11.05 City May Stop the Work ............................................................................................................. 30 11.06 Correction or Removal of Defective Work ................................................................................ 30 11.07 Correction Period ........................................................................................................................ 30 11.08 City May Correct Defective Work ............................................................................................. 31 Article 12 – Completion .................................................................................................................................. 32 12.01 Contractor’s Warranty of Title ................................................................................................... 32 12.02 Partial Utilization ........................................................................................................................ 32 12.03 Final Inspection ........................................................................................................................... 32 12.04 Final Acceptance ......................................................................................................................... 33 Article 13 – Suspension of Work .................................................................................................................... 33 13.01 City May Suspend Work ............................................................................................................ 33 Article 14 – Miscellaneous .............................................................................................................................. 34 14.01 Giving Notice .............................................................................................................................. 34 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.02 Computation of Times ................................................................................................................ 34 14.03 Cumulative Remedies ................................................................................................................. 34 14.04 Survival of Obligations ............................................................................................................... 35 14.05 Headings ...................................................................................................................................... 35 00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw – City’s on-line, electronic document management and collaboration system. 5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract—The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents—Those items that make up the contract and which must include the Agreement, and it’s attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions l. Supplementary Conditions m. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents o. Drawings p. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor—The individual or entity with whom Developer has entered into the Agreement. 11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer – An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 16. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements—A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non-Participating Change Order—A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order—A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans – See definition of Drawings. 24. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 25. Project—The Work to be performed under the Contract Documents. 26. Project Representative—The authorized representative of the City who will be assigned to the Site. 27. Public Meeting – An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 41. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. C. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non-Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City’s written interpretation or clarification. ARTICLE 4 – BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. The certificate of insurance shall document the City, an as “Additional Insured” on all liability policies. 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 4.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: ____________________________________________________________ Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a. General Aggregate: _____________________________________ Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : _____________________________________ Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- none none none 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract x 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and x 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 103772 Revised December 20, 2012 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 Page 2 of 3 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 103772 Revised December 20, 2012 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 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 103772 Revised December 20, 2012 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 Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 25 00 SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or-equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or-equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or-equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, TMS CHAMPIONS HAPT 103772 01 25 00 - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, if a reduction in cost or time results, it will be documented by Change Order. TMS CHAMPIONS HAPT 103772 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 4. Substitution will be rejected if: a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the Developer’s opinion, acceptance will require substantial revision of the original design d. In the City’s or Developer’s opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE TMS CHAMPIONS HAPT 103772 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature Recommended Recommended as noted Firm Not recommended Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date TMS CHAMPIONS HAPT 103772 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 31 19 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Developer and Consultant b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request TMS CHAMPIONS HAPT 103772 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor’s work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material l. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City’s representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments TMS CHAMPIONS HAPT 103772 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE TMS CHAMPIONS HAPT 103772 01 32 33 - 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 32 33 PRECONSTRUCTION VIDEO PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] TMS CHAMPIONS HAPT 103772 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE TMS CHAMPIONS HAPT 103772 01 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 33 00 DAP SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. General methods and requirements of submissions applicable to the following Work-related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. TMS CHAMPIONS HAPT 103772 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) “By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions TMS CHAMPIONS HAPT 103772 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City’s Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City’s Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs TMS CHAMPIONS HAPT 103772 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) TMS CHAMPIONS HAPT 103772 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 TMS CHAMPIONS HAPT 103772 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non-conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor’s risk if not marked b. Submittals for each item will be reviewed no more than twice at the City’s expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative’s then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City’s discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. TMS CHAMPIONS HAPT 103772 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] TMS CHAMPIONS HAPT 103772 01 33 00 - 8 DAP SUBMITTALS Page 8 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days TMS CHAMPIONS HAPT 103772 01 35 13 - 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 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 l. {Coordination with North Central Texas Council of Governments Clean 18 Construction Specification [remove if not required]} 19 B. Deviations from this City of Fort Worth Standard Specification 20 1. None. 21 C. Related Specification Sections include, but are not necessarily limited to: 22 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 23 2. Division 1 – General Requirements 24 3. Section 33 12 25 – Connection to Existing Water Mains 25 26 1.2 REFERENCES 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. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 32 High Voltage Overhead Lines. 33 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 34 Specification 35 1.3 ADMINISTRATIVE REQUIREMENTS 36 A. Coordination with the Texas Department of Transportation 37 1. When work in the right-of-way which is under the jurisdiction of the Texas 38 Department of Transportation (TxDOT): 39 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised August, 30, 2013 a. Notify the Texas Department of Transportation prior to commencing any work 1 therein in accordance with the provisions of the permit 2 b. All work performed in the TxDOT right-of-way shall be performed in 3 compliance with and subject to approval from the Texas Department of 4 Transportation 5 B. Work near High Voltage Lines 6 1. Regulatory Requirements 7 a. All Work near High Voltage Lines (more than 600 volts measured between 8 conductors or between a conductor and the ground) shall be in accordance with 9 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 10 2. Warning sign 11 a. Provide sign of sufficient size meeting all OSHA requirements. 12 3. Equipment operating within 10 feet of high voltage lines will require the following 13 safety features 14 a. Insulating cage-type of guard about the boom or arm 15 b. Insulator links on the lift hook connections for back hoes or dippers 16 c. Equipment must meet the safety requirements as set forth by OSHA and the 17 safety requirements of the owner of the high voltage lines 18 4. Work within 6 feet of high voltage electric lines 19 a. Notification shall be given to: 20 1) The power company (example: ONCOR) 21 a) Maintain an accurate log of all such calls to power company and record 22 action taken in each case. 23 b. Coordination with power company 24 1) After notification coordinate with the power company to: 25 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 26 lower the lines 27 c. No personnel may work within 6 feet of a high voltage line before the above 28 requirements have been met. 29 C. Confined Space Entry Program 30 1. Provide and follow approved Confined Space Entry Program in accordance with 31 OSHA requirements. 32 2. Confined Spaces include: 33 a. Manholes 34 b. All other confined spaces in accordance with OSHA’s Permit Required for 35 Confined Spaces 36 D. Use of Explosives, Drop Weight, Etc. 37 1. When Contract Documents permit on the project the following will apply: 38 a. Public Notification 39 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 40 prior to commencing. 41 2) Minimum 24 hour public notification in accordance with Section 01 31 13 42 E. Water Department Coordination 43 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised August, 30, 2013 1. During the construction of this project, it will be necessary to deactivate, for a 1 period of time, existing lines. The Contractor shall be required to coordinate with 2 the Water Department to determine the best times for deactivating and activating 3 those lines. 4 2. Coordinate any event that will require connecting to or the operation of an existing 5 City water line system with the City’s representative. 6 a. Coordination shall be in accordance with Section 33 12 25. 7 b. If needed, obtain a hydrant water meter from the Water Department for use 8 during the life of named project. 9 c. In the event that a water valve on an existing live system be turned off and on 10 to accommodate the construction of the project is required, coordinate this 11 activity through the appropriate City representative. 12 1) Do not operate water line valves of existing water system. 13 a) Failure to comply will render the Contractor in violation of Texas Penal 14 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 15 will be prosecuted to the full extent of the law. 16 b) In addition, the Contractor will assume all liabilities and 17 responsibilities as a result of these actions. 18 F. Public Notification Prior to Beginning Construction 19 1. Prior to beginning construction on any block in the project, on a block by block 20 basis, prepare and deliver a notice or flyer of the pending construction to the front 21 door of each residence or business that will be impacted by construction. The notice 22 shall be prepared as follows: 23 a. Post notice or flyer 7 days prior to beginning any construction activity on each 24 block in the project area. 25 1) Prepare flyer on the Contractor’s letterhead and include the following 26 information: 27 a) Name of Project 28 b) City Project No (CPN) 29 c) Scope of Project (i.e. type of construction activity) 30 d) Actual construction duration within the block 31 e) Name of the contractor’s foreman and phone number 32 f) Name of the City’s inspector and phone number 33 g) City’s after-hours phone number 34 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 35 A. 36 3) Submit schedule showing the construction start and finish time for each 37 block of the project to the inspector. 38 4) Deliver flyer to the City Inspector for review prior to distribution. 39 b. No construction will be allowed to begin on any block until the flyer is 40 delivered to all residents of the block. 41 G. Public Notification of Temporary Water Service Interruption during Construction 42 1. In the event it becomes necessary to temporarily shut down water service to 43 residents or businesses during construction, prepare and deliver a notice or flyer of 44 the pending interruption to the front door of each affected resident. 45 2. Prepared notice as follows: 46 a. The notification or flyer shall be posted 24 hours prior to the temporary 47 interruption. 48 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised August, 30, 2013 b. Prepare flyer on the contractor’s letterhead and include the following 1 information: 2 1) Name of the project 3 2) City Project Number 4 3) Date of the interruption of service 5 4) Period the interruption will take place 6 5) Name of the contractor’s foreman and phone number 7 6) Name of the City’s inspector and phone number 8 c. A sample of the temporary water service interruption notification is attached as 9 Exhibit B. 10 d. Deliver a copy of the temporary interruption notification to the City inspector 11 for review prior to being distributed. 12 e. No interruption of water service can occur until the flyer has been delivered to 13 all affected residents and businesses. 14 f. Electronic versions of the sample flyers can be obtained from the Project 15 Construction Inspector. 16 H. Coordination with United States Army Corps of Engineers (USACE) 17 1. At locations in the Project where construction activities occur in areas where 18 USACE permits are required, meet all requirements set forth in each designated 19 permit. 20 I. Coordination within Railroad Permit Areas 21 1. At locations in the project where construction activities occur in areas where 22 railroad permits are required, meet all requirements set forth in each designated 23 railroad permit. This includes, but is not limited to, provisions for: 24 a. Flagmen 25 b. Inspectors 26 c. Safety training 27 d. Additional insurance 28 e. Insurance certificates 29 f. Other employees required to protect the right-of-way and property of the 30 Railroad Company from damage arising out of and/or from the construction of 31 the project. Proper utility clearance procedures shall be used in accordance 32 with the permit guidelines. 33 2. Obtain any supplemental information needed to comply with the railroad’s 34 requirements. 35 J. Dust Control 36 1. Use acceptable measures to control dust at the Site. 37 a. If water is used to control dust, capture and properly dispose of waste water. 38 b. If wet saw cutting is performed, capture and properly dispose of slurry. 39 K. Employee Parking 40 1. Provide parking for employees at locations approved by the City. 41 L. {Coordination with North Central Texas Council of Governments (NCTCOG) Clean 42 Construction Specification [if required for the project] 43 1. Comply with equipment, operational, reporting and enforcement requirements set 44 forth in NCTCOG’s Clean Construction Specification.} 45 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised August, 30, 2013 1.4 SUBMITTALS [NOT USED] 1 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.6 CLOSEOUT SUBMITTALS [NOT USED] 3 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.8 QUALITY ASSURANCE [NOT USED] 5 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.10 FIELD [SITE] CONDITIONS [NOT USED] 7 1.11 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.3.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 13 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised August, 30, 2013 EXHIBIT A 1 (To be printed on Contractor’s Letterhead) 2 3 4 5 Date: 6 7 CPN No.: 8 Project Name: 9 Mapsco Location: 10 Limits of Construction: 11 12 13 14 15 16 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 17 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 18 PROPERTY. 19 20 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 21 OF THIS NOTICE. 22 23 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 24 ISSUE, PLEASE CALL: 25 26 27 Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 28 29 OR 30 31 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 32 33 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 34 35 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 36 37 01 35 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised August, 30, 2013 EXHIBIT B 1 2 3 4 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 SECTION 01 45 23 TESTING AND INSPECTION SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City’s document management system, or another form of distribution approved by the City. TMS CHAMPIONS HAPT 103772 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City’s Project Representative 4. Provide City’s Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City’s document management system. TMS CHAMPIONS HAPT 103772 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City’s Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired TMS CHAMPIONS HAPT 103772 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City’s established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control TMS CHAMPIONS HAPT 103772 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on-call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE-INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities TMS CHAMPIONS HAPT 103772 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE TMS CHAMPIONS HAPT 103772 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 SECTION 01 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 34 71 13 – Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. TMS CHAMPIONS HAPT 103772 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 1) Allow a minimum of 5 working days for permit review. 2) Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION TMS CHAMPIONS HAPT 103772 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE TMS CHAMPIONS HAPT 103772 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 SECTION 01 57 13 STORM WATER POLLUTION PREVENTION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 31 25 00 – Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. TMS CHAMPIONS HAPT 103772 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP 1. Submit in accordance with Section 01 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review TMS CHAMPIONS HAPT 103772 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 01 33 00. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE TMS CHAMPIONS HAPT 103772 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A list of City approved products for use is available through the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A. Only products specifically included on City’s Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. B. Any specific product requirements in the Contract Documents supersede similar products included on the City’s Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City’s Standard Product List. C. Although a specific product is included on City’s Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer’s standard product. D. See Section 01 33 00 for submittal requirements of Product Data included on City’s Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] TMS CHAMPIONS HAPT 103772 01 60 00 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City’s website. TMS CHAMPIONS HAPT 103772 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. TMS CHAMPIONS HAPT 103772 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer’s recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer’s recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City’s Project Representative. 5. Provide off-site storage and protection when on-site storage is not adequate. a. Provide addresses of and access to off-site storage locations for inspection by City’s Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers’ unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City’s Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City’s Project Representative. TMS CHAMPIONS HAPT 103772 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION TMS CHAMPIONS HAPT 103772 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application TMS CHAMPIONS HAPT 103772 01 70 00 - 1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 70 00 MOBILIZATION AND REMOBILIZATION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor’s operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor’s personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor’s operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor’s operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization TMS CHAMPIONS HAPT 103772 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor’s operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Specified Remobilization” in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. TMS CHAMPIONS HAPT 103772 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 3. Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Emergency Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] TMS CHAMPIONS HAPT 103772 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application TMS CHAMPIONS HAPT 103772 01 71 23 - 1 CONSTRUCTION STAKING AND SURVEY Page 1 of 7 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised February 14, 2018 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. See Changes (Highlighted in Yellow). 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 be 26 allowed. 27 3. As-Built Survey 28 a. Measurement 29 1) This Item is considered subsidiary to the various Items bid. 30 b. Payment 31 1) The work performed and the materials furnished in accordance with this 32 Item are subsidiary to the various Items bid and no other compensation will be 33 allowed. 34 1.3 REFERENCES 35 A. Definitions 36 1. Construction Survey - The survey measurements made prior to or while 37 construction is in progress to control elevation, horizontal position, dimensions and 38 configuration of structures/improvements included in the Project Drawings. 39 01 71 23 - 2 CONSTRUCTION STAKING AND SURVEY Page 2 of 7 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised February 14, 2018 2. As-built Survey –The measurements made after the construction of the 1 improvement features are complete to provide position coordinates for the features 2 of a project. 3 3. Construction Staking – The placement of stakes and markings to provide offsets 4 and elevations to cut and fill in order to locate on the ground the designed 5 structures/improvements included in the Project Drawings. Construction staking 6 shall include staking easements and/or right of way if indicated on the plans. 7 4. Survey “Field Checks” – Measurements made after construction staking is 8 completed and before construction work begins to ensure that structures marked on 9 the ground are accurately located per Project Drawings. 10 B. Technical References 11 1. City of Fort Worth – Construction Staking Standards (available on City’s Buzzsaw 12 website) – 01 71 23.16.01_ Attachment A_Survey Staking Standards 13 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available 14 on City’s Buzzsaw website). 15 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 16 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land 17 Surveying in the State of Texas, Category 5 18 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. The Contractor’s selection of a surveyor must comply with Texas Government 21 Code 2254 (qualifications based selection) for this project. 22 1.5 SUBMITTALS 23 A. Submittals, if required, shall be in accordance with Section 01 33 00. 24 B. All submittals shall be received and reviewed by the City prior to delivery of work. 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 26 A. Field Quality Control Submittals 27 1. Documentation verifying accuracy of field engineering work, including coordinate 28 conversions if plans do not indicate grid or ground coordinates. 29 2. Submit “Cut-Sheets” conforming to the standard template provided by the City 30 (refer to 01 71 23.16.01 – Attachment A – Survey Staking Standards). 31 1.7 CLOSEOUT SUBMITTALS 32 B. As-built Redline Drawing Submittal 33 1. Submit As-Built Survey Redline Drawings documenting the locations/elevations of 34 constructed improvements signed and sealed by Registered Professional Land 35 Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 – Attachment A 36 – Survey Staking Standards) . 37 2. Contractor shall submit the proposed as-built and completed redline drawing 38 submittal one (1) week prior to scheduling the project final inspection for City 39 review and comment. Revisions, if necessary, shall be made to the as-built redline 40 drawings and resubmitted to the City prior to scheduling the construction final 41 inspection. 42 01 71 23 - 3 CONSTRUCTION STAKING AND SURVEY Page 3 of 7 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised February 14, 2018 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1 1.9 QUALITY ASSURANCE 2 A. Construction Staking 3 1. Construction staking will be performed by the Contractor. 4 2. Coordination 5 a. Contact City and Developer’s Project Representative at least one week in 6 advance notifying the City of when Construction Staking is scheduled. 7 b. It is the Contractor’s responsibility to coordinate staking such that 8 construction activities are not delayed or negatively impacted. 9 3. General 10 a. Contractor is responsible for preserving and maintaining stakes. If 11 Developer’s Project Representative is required to re-stake for any reason, the 12 Contractor will be responsible for costs to perform staking. If in the opinion of 13 the City, a sufficient number of stakes or markings have been lost, destroyed 14 disturbed or omitted that the contracted Work cannot take place then the 15 Contractor will be required to stake or re-stake the deficient areas. 16 B. Construction Survey 17 1. Construction Survey will be performed by the Contractor. 18 2. Coordination 19 a. Contractor to verify that horizontal and vertical control data established in the 20 design survey and required for construction survey is available and in place. 21 3. General 22 a. Construction survey will be performed in order to construct the work shown 23 on the Construction Drawings and specified in the Contract Documents. 24 b. For construction methods other than open cut, the Contractor shall perform 25 construction survey and verify control data including, but not limited to, the 26 following: 27 1) Verification that established benchmarks and control are accurate. 28 2) Use of Benchmarks to furnish and maintain all reference lines and grades 29 for tunneling. 30 3) Use of line and grades to establish the location of the pipe. 31 4) Submit to the City copies of field notes used to establish all lines and 32 grades, if requested, and allow the City to check guidance system setup prior 33 to beginning each tunneling drive. 34 5) Provide access for the City, if requested, to verify the guidance system and 35 the line and grade of the carrier pipe. 36 6) The Contractor remains fully responsible for the accuracy of the work and 37 correction of it, as required. 38 7) Monitor line and grade continuously during construction. 39 8) Record deviation with respect to design line and grade once at each pipe 40 joint and submit daily records to the City. 41 9) If the installation does not meet the specified tolerances (as outlined in 42 Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct 43 the installation in accordance with the Contract Documents. 44 C. As-Built Survey 45 1. Required As-Built Survey will be performed by the Contractor. 46 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 7 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised February 14, 2018 2. Coordination 1 a. Contractor is to coordinate with City to confirm which features require as-2 built surveying. 3 b. It is the Contractor’s responsibility to coordinate the as-built survey and 4 required measurements for items that are to be buried such that construction 5 activities are not delayed or negatively impacted. 6 c. For sewer mains and water mains 12” and under in diameter, it is acceptable 7 to physically measure depth and mark the location during the progress of 8 construction and take as-built survey after the facility has been buried. The 9 Contractor is responsible for the quality control needed to ensure accuracy. 10 3. General 11 a. The Contractor shall provide as-built survey including the elevation and 12 location (and provide written documentation to the City) of construction 13 features during the progress of the construction including the following: 14 1) Water Lines 15 a) Top of pipe elevations and coordinates for waterlines at the following 16 locations: 17 (1) Minimum every 250 linear feet, including 18 (2) Horizontal and vertical points of inflection, curvature, 19 etc. 20 (3) Fire line tee 21 (4) Plugs, stub-outs, dead-end lines 22 (5) Casing pipe (each end) and all buried fittings 23 2) Sanitary Sewer 24 a) Top of pipe elevations and coordinates for force mains and siphon 25 sanitary sewer lines (non-gravity facilities) at the following locations: 26 (1) Minimum every 250 linear feet and any buried fittings 27 (2) Horizontal and vertical points of inflection, curvature, 28 etc. 29 3) Stormwater – Not Applicable 30 b. The Contractor shall provide as-built survey including the elevation and 31 location (and provide written documentation to the City) of construction 32 features after the construction is completed including the following: 33 1) Manholes 34 a) Rim and flowline elevations and coordinates for each manhole 35 2) Water Lines 36 a) Cathodic protection test stations 37 b) Sampling stations 38 c) Meter boxes/vaults (All sizes) 39 d) Fire hydrants 40 e) Valves (gate, butterfly, etc.) 41 f) Air Release valves (Manhole rim and vent pipe) 42 g) Blow off valves (Manhole rim and valve lid) 43 h) Pressure plane valves 44 i) Underground Vaults 45 (1) Rim and flowline elevations and coordinates for each 46 Underground Vault. 47 3) Sanitary Sewer 48 a) Cleanouts 49 (1) Rim and flowline elevations and coordinates for each 50 01 71 23 - 5 CONSTRUCTION STAKING AND SURVEY Page 5 of 7 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised February 14, 2018 b) Manholes and Junction Structures 1 (1) Rim and flowline elevations and coordinates for each 2 manhole and junction structure. 3 4) Stormwater – Not Applicable 4 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 5 1.11 FIELD [SITE] CONDITIONS [NOT USED] 6 1.12 WARRANTY 7 PART 2 - PRODUCTS 8 A. A construction survey will produce, but will not be limited to: 9 1. Recovery of relevant control points, points of curvature and points of intersection. 10 2. Establish temporary horizontal and vertical control elevations (benchmarks) 11 sufficiently permanent and located in a manner to be used throughout construction. 12 3. The location of planned facilities, easements and improvements. 13 a. Establishing final line and grade stakes for piers, floors, grade beams, parking 14 areas, utilities, streets, highways, tunnels, and other construction. 15 b. A record of revisions or corrections noted in an orderly manner for reference. 16 c. A drawing, when required by the client, indicating the horizontal and vertical 17 location of facilities, easements and improvements, as built. 18 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all 19 construction staking projects. These cut sheets shall be on the standard city template 20 which can be obtained from the Survey Superintendent (817-392-7925). 21 5. Digital survey files in the following formats shall be acceptable: 22 a. AutoCAD (.dwg) 23 b. ESRI Shapefile (.shp) 24 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use 25 standard templates, if available) 26 6. Survey files shall include vertical and horizontal data tied to original project 27 control and benchmarks, and shall include feature descriptions 28 PART 3 - EXECUTION 29 3.1 INSTALLERS 30 A. Tolerances: 31 1. The staked location of any improvement or facility should be as accurate as 32 practical and necessary. The degree of precision required is dependent on many 33 factors all of which must remain judgmental. The tolerances listed hereafter are 34 based on generalities and, under certain circumstances, shall yield to specific 35 requirements. The surveyor shall assess any situation by review of the overall plans 36 and through consultation with responsible parties as to the need for specific 37 tolerances. 38 a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical 39 tolerance. Horizontal alignment for earthwork and rough cut should not exceed 40 1.0 ft. tolerance. 41 01 71 23 - 6 CONSTRUCTION STAKING AND SURVEY Page 6 of 7 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised February 14, 2018 b. Horizontal alignment on a structure shall be within .0.1ft tolerance. 1 c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and 2 walkways shall be located within the confines of the site boundaries and, 3 occasionally, along a boundary or any other restrictive line. Away from any 4 restrictive line, these facilities should be staked with an accuracy producing no 5 more than 0.05ft. tolerance from their specified locations. 6 d. Underground and overhead utilities, such as sewers, gas, water, telephone and 7 electric lines, shall be located horizontally within their prescribed areas or 8 easements. Within assigned areas, these utilities should be staked with an 9 accuracy producing no more than 0.1 ft tolerance from a specified location. 10 e. The accuracy required for the vertical location of utilities varies widely. Many 11 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 12 should be maintained. Underground and overhead utilities on planned profile, 13 but not depending on gravity flow for performance, should not exceed 0.1 ft. 14 tolerance. 15 B. Surveying instruments shall be kept in close adjustment according to manufacturer’s 16 specifications or in compliance to standards. The City reserves the right to request a 17 calibration report at any time and recommends regular maintenance schedule be 18 performed by a certified technician every 6 months. 19 1. Field measurements of angles and distances shall be done in such fashion as to 20 satisfy the closures and tolerances expressed in Part 3.1.A. 21 2. Vertical locations shall be established from a pre-established benchmark and 22 checked by closing to a different bench mark on the same datum. 23 3. Construction survey field work shall correspond to the client’s plans. Irregularities 24 or conflicts found shall be reported promptly to the City. 25 4. Revisions, corrections and other pertinent data shall be logged for future reference. 26 27 3.2 EXAMINATION [NOT USED] 28 3.3 PREPARATION [NOT USED] 29 3.4 APPLICATION 30 3.5 REPAIR / RESTORATION 31 A. If the Contractor’s work damages or destroys one or more of the control 32 monuments/points set by the Developer’s Project Representative, the monuments shall be 33 adequately referenced for expedient restoration. 34 1. Notify City or Developer’s Project Representative if any control data needs to be 35 restored or replaced due to damage caused during construction operations. 36 a. Contractor shall perform replacements and/or restorations. 37 b. The City or Developer’s Project Representative may require at any time a 38 survey “Field Check” of any monument or benchmarks that are set be verified 39 by the Developer’s Project Representative before further associated work can 40 move forward. 41 01 71 23 - 7 CONSTRUCTION STAKING AND SURVEY Page 7 of 7 CITY OF FORT WORTH TMS CHAMPIONS HAPT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103772 Revised February 14, 2018 3.6 RE-INSTALLATION [NOT USED] 1 3.7 FIELD [OR] SITE QUALITY CONTROL 2 A. It is the Contractor’s responsibility to maintain all stakes and control data placed by the 3 Developer’s Project Representative in accordance with this Specification. This includes 4 easements and right of way, if noted on the plans. 5 B. Do not change or relocate stakes or control data without approval from the City. 6 3.8 SYSTEM STARTUP 7 A. Survey Checks 8 1. The City reserves the right to perform a Survey Check at any time deemed 9 necessary. 10 2. Checks by City personnel or 3rd party contracted surveyor are not intended to 11 relieve the contractor of his/her responsibility for accuracy. 12 13 3.9 ADJUSTING [NOT USED] 14 3.10 CLEANING [NOT USED] 15 3.11 CLOSEOUT ACTIVITIES [NOT USED] 16 3.12 PROTECTION [NOT USED] 17 3.13 MAINTENANCE [NOT USED] 18 3.14 ATTACHMENTS [NOT USED] 19 END OF SECTION 20 21 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 8/31/2017 M. Owen Added instruction and modified measurement & payment under 1.2; added definitions and references under 1.3; modified 1.6; added 1.7 closeout submittal requirements; modified 1.9 Quality Assurance; added PART 2 – PRODUCTS ; Added 3.1 Installers; added 3.5 Repair/Restoration; and added 3.8 System Startup. 2/14/2018 M Owen Removed “blue text”; revised measurement and payment sections for Construction Staking and As-Built Survey; added reference to selection compliance with TGC 2254; revised action and Closeout submittal requirements; added acceptable depth measurement criteria; revised list of items requiring as-built survey “during” and “after” construction; and revised acceptable digital survey file format 22 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 74 23 CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. TMS CHAMPIONS HAPT 103772 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. TMS CHAMPIONS HAPT 103772 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] TMS CHAMPIONS HAPT 103772 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application TMS CHAMPIONS HAPT 103772 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 77 19 CLOSEOUT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City’s Project Representative. TMS CHAMPIONS HAPT 103772 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion TMS CHAMPIONS HAPT 103772 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor’s Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application TMS CHAMPIONS HAPT 103772 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 78 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 ½ inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer’s printed data, or neatly typewritten TMS CHAMPIONS HAPT 103772 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. TMS CHAMPIONS HAPT 103772 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams TMS CHAMPIONS HAPT 103772 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings TMS CHAMPIONS HAPT 103772 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application TMS CHAMPIONS HAPT 103772 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City’s Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. TMS CHAMPIONS HAPT 103772 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". TMS CHAMPIONS HAPT 103772 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. TMS CHAMPIONS HAPT 103772 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application TMS CHAMPIONS HAPT 103772 Denton County Juli Luke County Clerk Instrument Number: �87�4 ERecordings-RP EASEMEN7 Recorded �n: April 20, 2022 1 D:�9 AM "*"*"*"*"*" THIS PAGE IS PART OF THE INSTRUMENT "*"*"*"*"*" Any provision herein which restricts the Sale, Renta� or use of the described REAL PROPERTY because of color or race is invafid and unenforceabfe under federal [aw. " Examined and Charged as Follows: " Total Recording: $7D_OD File Information: Document Number: 58754 Receipt Number: 202204190DD911 Recorded DatelTime: April 20, 2022 10:59 AM User: Kraig T Station: Station 25 t�G�u%V � j V� f , �i i �p � �':..IB�lfy � STATE OF TEXAS COUNTY OF DENTON Number o'F Pages: 12 Record and Return To: Corporation Service Company I hereby certify that this Instrument was F[LED In the Fi[e I�lumher sequence o� the dateltime printed herean, and was du[y RECORDED in the Official Records af Dentan County, Texas. Ju�i Luke County C�erk Denton County, 7X CPN 1a3772 — TMS Champioz�s HAPT Parcel 42 Jesse Danie9 Survey, Abstract No. 349 & A.M. Feltus Survey, Abstruct No. l 464 THC STAT� OF TCXAS § § KNOW ALL M�N BY TH�S� PR�S�NTS COUNTY OF D�NTON § CITY OF FORT WORTH PUBLIC ACC�SS �AS�M�NT DATE: MARCH �, 2022 GRANTOR: ROANOK� 35/114 PARTNCRS, L.P. GRANTOR'S MAILING ADDRESS (including County}: 425 HOUSTON STR��T, SUIT� 250 FORT WORTH, TARRANT COUNTY, TX 7G102 GREINTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 200 T�XAS ST. FORT WORTH, TARRANT COUNTY, TX 7G102 CONSIDERATION: Ten Dollars ($10.00) ai�d other good ai�d �aluaUle consideration, the receipt ai�d sufficiency of whicl� is hereby acki�owledged. EASEMENT PROPERTY: Being more particularly described in the attached �xhiUits "A" and "B". Grantor, l�or the consideration paid to Grantor, hereby grants, Uargains, and conveys to Grantee, its s�iccessors and assigi�s, an exclusive easement and right-of-way for puUlic access upon, over, across and through tl�e followii�g tract of land situated ii� Dentoi� Co�ii�ty, Texas, as described and depicted in accordai�ce with �xhiUits "A" and "B" attached hereto and made a part hereof. Any such entry and use oF such tract by Grantee or its agents, inde�endent contractors, or the Public, shal] be �ermissive and shall not constitute a trespass. It is intended by these presents to convey a PuUlic Access Easement to the Grantee ior the PuUlic use of the above-descriUed improvemei�ts, with the usual rights of ingress ai�d egress in the necessary use of such Public Access Easement, in and along said �reinises. However, GRANTOR shall construct, maintain and re�air the above-described iin�rovements according to the S�iUdivision Ordinai�ce, Section 31-106 I, of the City Code: I. Access Easement Design Standards (PuUlic Access �asements, Reciprocal Access Casements, Private Drives or Ways). Public Access L-acement (�GVGLOPGR) Rev. 10! 17/201 T FoR_ T� W�� . Definition. An access easement is an officially approved and privately maintained `drive' or `way', with the roadway constructed to City Street Standards tl�at is open to unrestricted and irrevocable public access and serves two or more lots, eacli having a n�ii�in��in� of one h�indred 100 feet of frontage each, as their �rimary means oF access. Access Easements are designed to provide access fi-om adjoining lots, such as within a`conventional' or `strip' sl�opping center, to a�� adjacent Arterial Street, usually in coi�junctioi� witl� a median break. They may also provide an alternate access to a Collector or Arterial Street wl�ere unusual topography may otherwise LI11�7CCI� a Sate Clltly COIILZCCtl011 t0 tll� IOt5 SCtV�CI. � 2. �asement Width. The unoUstructed easement width shall not be less than twenty- four (24) feet. 3. Roadw:�y Width and Pavin� SurfKce. The easement paving widtl� shall i�ot l�e less tl�an twenty (20} feet, and centered witl�in the unobstructed access easement. An all-weather paved surface, capaUle of sup�orting a 12,500 IU, wheel load, shall be �rovided as tl�e roadway travel s�irface. 4. Tarnouts. Turi�o�its sl�all i�ot have less thai� a twenty-fve {25) foot interior radius measured at the vei�tex of tl�e easement lines ai�d an outside radi�is of �fty (50) feet 5. Vertieal Obstraetions. No vertical oUstruction shall Ue allowed witliin tl�e area between tl�e top oFtl�e pavement surface to a vertical lieigl�t oF fourteen (14} feet. Tl�is easen�ei�t is grai�ted and acce�ted subject to all existii�g rights-of-way and easements, as well as all otl�er burdens, restrictions, covenants, tenancies, licenses, and other encumUrances afFecting the easement and the Easement Pro�erty of record in Denton County, Texas, or ap�arent on the ground, Uut only to the extent that they are still in force and effect. THIS CONVEYANCE IS MADE WITHOUT EXPRESS OR IMPLIED WARRANTIES AS TO THE PHYSICAL CONDITION OT THE EASEMENT PROPERTY. TO HAVE AND TO HOLD tl�e above-described Easemei�t Pro�ei�ty, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns, to wan•ant and defei�d, all ai�d singular, said easement unto Grai�tee, its s�iccessors and assigi�s, against every persoi� wl�on�soever lawftilly claiming or to clain� the san�e or any part tl�ereof. [S�GNATUR�S APP�AR ON TH� FOLLOW�NG PAG�S� I'uhlic Access f:ascuteut (DEVGLOPL•R) Itcv. 10l171Z017 Fo��� , GRANTOR: ROANOK� 35/1I4 PARTN�RS, L.P., a Texas limited par�nership By; Roanoke 35/114 Genpar, LLC, a Texas limited liabiiity company, its General Pat-tner By: � V Wijliam . Boecker, Ma��ager ACKNOWL�DGMCNT TH� 5TAT� OF TCXA5 § § COUNTY OF TARRANT § T%.is instrunient was acknowledged be�ore me on March �� , 2022, by Williarn V. Boecker, Manager of Roanoke 35/114 Genpar, LLC, a Texas limited liability co��n�any, on behalf of such limited liability company as general partner o�' Roanoke 35/l 14 Partners, L.P., a Texas limited partnership, on behalf of such �aartnersh,��. �,a"yP1L�,,� RIGKI KAY EWiNG , �:... . � °r �r Notary Public, Siate of %x8s �:, s�iE���: Camm. Expires 72-2&2024 ,, •....: �.�. '�:;,;;,;`o` Notaty Ip �34938957 Public Accass L=aseincin (DCVCLOi'L"•RJ Rcv. 10�17I2017 F�OR'f WOR7'H. � GRANTEE: CITY OF FORT WORTH c.� B�f; DJ HArrel[ {Apri$, 20231fiAfi CDT) Dalton Harrell Developmen# Services Director APPROVED AS TO FORM AND LEGALITY: By: � � °�-�-`�_ T�ornas R. Hansen Assistar�t Ci#y Attorney CONTRACT COMFLIANCE MANAGER: By signing, I acknowledge tl�at i an� tlle persot� responsible for the monitoring and administratioil of this contract, includi��g ensuring all perforulance aitid reportii�g renuirements, t%GI`1/2 c�G�l'L2�� 1�Df'�LP ( By; JanieScarlettMnrales(Rpr15,2022l3:52CDTj Janie Scartett Morales Pl�nning Manager THE STATE 4F T�XAS COUNTY OF TARRANT ACKNOWL�DGEM�NT § § § B�FOR� M�, t13e u��dersigned autl�ority, a Notary Public in and for the State of T�XAS, o�� tl�is day �ersanaily appear�d Da[ton Harrell, Development Services Direcior of tl�e CITY OF FORT WORTH, known ta 3iie to be the same person wl�ose nair�e is s��bscribed tv the foregoing instrument, and acknowledged ko ine that tile san�e was f1�e act of the CITY OF FORT WORTH and that he executed the same for the pLiiposes and considesatio�� therein expressed ai1d, i�l tlie capacity, therein stated. �IVEN UNDER MY HAND AND S�AL OF OP�IC� this � day of P�� E . �2fl22'. �� , i� �� Y'R;, r�� y MATT TILLY ,��'�, �,• Notary Public �;���:� S7ATL OF �EXAS � E 7at.�r'6K���,� I� ti33�26152 �ya,,,n� My Comm. Fxp. Apr. 08, 2025 Publie Aceess EAse3ncnl(DGVELOPER) Reti�, 1 011 7120 1 7 Notary f�ublic ii� and fg�'fli� State of T�XAS FURTWUR7'H. �� LCNDCR CONSCNT AND SUBORDINATI4N Tl�e undersigned is tl�e benerciary wider that certain deed of trust encwiibering all or a portion af the i�eal property described as the "Easement Praperty" within the Public Access �asement, wl�ich deed of trust is dated April 11, 2019, and was recorded on April 11, 2019, as Document No. 38934, in the Real Property Records of Denton Cowity, Texas !"lleed of Trust"� The �indersigned beneficiary �inder the Deed of Trust l�ereby consents to tlle Public Access Casement and hereby subardinates tl�e lien of said Deed of Trust to the �rovisians of this Public Access Casement. Dated; March ��, 2022 SIMMONS BANK By: Name: �c�,} �i�1�e.. Title: VQ Com�erc,�l �•�Kr.�_ STATE OF _ I �KG�S � § COUNTY OF f �`f" § Tl�is instrwiient was acknowledge before me this �-� day of ' Yr , 2022, by �'7,�.�-� �� 5��� , as �(C2 �i�5�G�/'i�_, of ,�iri��?'1Dl�S �h� , oil belialf af said p��,,,� � � `���.`t"�i�, CINDY CAVE Y P� ��4 z� •�,:Note�y PUblic, Stete of Texas Notar Public ' and for the State of /Gt,C�25 :���= Comm. Expires DB-14-2023 Y � '�.�o�,,�.�' Notary ID 22572a-s Printed Name:_C���L% ��(/ � My cammissian expires: 4'-/S�� � 3 [seal] C�ublic Acccss Easement (DEVELOPER} Rev_I0117l?Ol7 FoR,� �. X: � � m O � rn � 0 6 rn � rn � � 0 �° rn 0 � � � r f!1 Z 0 O N � 021\21-0072-3\DWG\ ��oo- � � N � N 0 � �00�6 � N � � yJ�o � o � � c) a -��-� °-' � ` ° 3p' o N � � � �� � � � a Q � � � � � 3 � � ° o `° 9: � � o��� uj ^O rt3 o `� � o � w am �� r. 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S V .��. ��°�,wow° 7• � i �n 00 m o Jv� � 0 3� " `�� .�.. � j N .' ^ 7 0. o' n A 7 � � ^ m O fl F j �m O � ^ a �� 7 Q- o 0 � � " � ? � ��a an Cr+ 0 O W n 7 r°�� oo.�� �0 Q � m � � Q � rt 7 .n.� �� �m � ^ � oSrto n ? a I � � y '° m j' ° a O � N. � m'a �m`� � � d a� N � a 0 � ,�a nm O � � F O�G Q j U QA NO n� N 1'1' � F Q i i*i o � a m �3 ��?a O � � IA 3 �D a ,-, o v"m .V'-. p � 7 7 T � O O• �n > > ° o Q � ° �o u�o !`� � m '�ooQ�m � Ap � 6C7 I�A p�i � Q' � fl O .� W p� Ol ,.. 7 A � V N� a W o ��,�WO 0 n C TAC Q'� IA O O A l► j� N n j p � � O � N "'�� n A o � o o �o a�i p � � �'' t°i � � ? � � .n. c � � a� � � �' 3 -� N p O ry aaOn$ a a�m�n � � � n � �N "' s �. z:h o�roc n3nwr°� a � w � C .�. � O � � A „ '� Z� A O � �- � A3 va x Q�n N � � y c 0 N � � O a o o a n � N � 3 7 3 p JK `G N' y �E o u�oo� O N ' v m a� a C � ? Q, ti .� rt o3a�� �[ T`C�'C a Q. N Z N U V �3n�t � m o o n rn X 2 � � � � ' \\\\` \\\\\\\\\\\\\\\\\\\\\\\\\\\� f ' r� \ .� � . � : � � � � �\�o��oo�oo���v�����oo �I ��: , �� r : � ,�: ' \ �: : \ Denton County Juli Luke County Clerk Instrument Number: �8762 ERecordings-RP EASEMEN7 Recorded �n: April 20, 2022 11:D7 AM "*"*"*"*"*" THIS PAGE IS PART OF THE INSTRUMENT "*"*"*"*"*" Any provision herein which restricts the Sale, Renta� or use of the described REAL PROPERTY because of color or race is invafid and unenforceabfe under federal [aw. " Examined and Charged as Follows: " Total Recording: $62_OD File Information: Document Number: 58762 Receipt Number: 202204190DD914 Recorded DatelTime: April 20, 2022 11:07 AM User: Linda N Station: t�G�u%V � j V� f , �i i �p � �':..IB�lfy � Station 44 STATE OF TEXAS COUNTY OF DENTON Number o'F Pages: 1D Record and Return To: Corporation Service Company I hereby certify that this Instrument was F[LED In the Fi[e I�lumher sequence o� the dateltime printed herean, and was du[y RECORDED in the Official Records af Dentan County, Texas. Ju�i Luke County C�erk Denton County, 7X CPN 14i3772 — TMS Cham�ions HAPT Parce! 04 Jesse Daniel Survey, Abstract No. 349 & A.M. Feltns Survey, Abstract No. 14b4 THC STAT� OF TEXAS COUNTY OF D�NTON . KNOW ALL MEN BY THE�E PRES�NTS CITY QF FORT WORTH P�RMANCNT WATER FAC�L�TY EAS�M�NT DATE: MARCH �, 2022 GRANTOR: ROANOKE 351I1�f PARTNERS, L.P. GR.ANTOR'S MAILING ADDRESS (including County}: 42S HOUST4N STRE�T, SUITE 250 FORT WORTH, TARRANT COUNTY, TX 76102 C�i7'l�y�a�N_�_11i(��.-��1]�l l['.�llj«I ��i GRf1NTEE'S MAILING ADDRESS (includin� County): 200 TEXAS ST. FORT WpRTH, TARRANT COUNTY, TX 76�02 C�NSIDERAT�ON: Ten Dollai•s ($10,00) and other good and valuable considea-ation, tlze receipt and su�#'iciea�cy of which is hereby acknowledged. �ASEMENT PROPERTY: Being more �articularly descri�ed in the attached �xhibits "A" and "B". Gra�itor, for the Consideratio�� paid to Gra���or aa�d otl�er goad and valuable co��sideration, l�ereby grants, sells, and co2�veys to Grantee, its successors �nd assigns, an exclusive, perpetual easement for the construction, operatio�l, maii�tenai�ce, replace��nent, upgrade; and repair of a Permanent Water Main racility (hereafter referred to as "Faci�ity"). The Pacility includes all incidental underground and a�o�egrou��d attachme��ts, equipment a:nd appurtenances, including, but not 111111t�d �O manholes, maz�hole vex�ts, lateral line con��ectioa�s, valves, }71�J��111�5, wate� meters, junction boxes i�, upo��, under and across a portioz� of the Ease���ent Fro�e�•ty and i��are f�ally described in �xhibits "A" and "B" attached hereto a��d incorporated herein {'or all pertinent purposes, iogether with tlie rig�t and privilege at any and all tirr�es to enter the Easeinent Property, or any part thereof, for tl�e pur�ose of constructing, operati�lg, inaintaining, replacing, Lipgradiilg, and repairing said Facility. Pennanent Weler FacilHy Casenienl Rev, 119/18 FOR, T�WOR_TH, � Itl no event shall Grai�tor (I) use the Easement Propeifiy ii� az�y inanner which interferes in a�ly material way o�• is inconsistent with the rigllts granted hereunder, or (II) erect or pernlit to be erecied wilhin the Easement Property a permaneizt str�teture or building, i��cluding, Uut not lirnicEd to, monument sign, pole sign, biUbaard, brick or inasoruy fences or walls or other structures that require a bu�lding permit. Howevex, Grantor shall be pernlitted to install ai�d tnaintain (i) a conc�•ete, asphalt or gravel driveway, road or parking lot across the Easement Property; and {ii} utility a�zd drainage crossings, so long as sucl� crossings are not less tha�7 a 45 degree ai�gle ai�d no greater� than a 90 degree angle to tl�e cez�terline of the Casenient Property, at such piace or places as Grantar may froi11 tinle to time hereafier select fox public or private use, provided that Grai�tvi provide notice to Grantee of such crossi�lgs prior to the executio�� of any such easement or installation of such crossing and complies with all of Grantee's rec�uired and applicable spacings, including depth separatian limits and other protec�ive measures. Grantee sl�all be obligated to restore the surface of tl�e Easement Property at G�aa�tee's sole cost and expense, including the restaration of any sidewalks, dri�eways, or similar sUriace improvements iocated upon or adjacent to the Easement Property which inay have been remo�ed, relocated, alte�•ed, daniaged, or destroyed as a result of the Grar�tee's use of tiie Easenient Property �ranted hereunc�er. Provided, howevez', ihat Gran�ee shall not be obliga�ed to testo�•e or replace irrigation systems or other impro�ements installed ii� violatioi} af the pro�isions and iniended use of #his Easement Property. This easement is granted and accepted subject to all existing rights-of way and easements, �s well as ali ofiher burdens, �estrictions, covenaz�ts, tenancies, licenses, and other er�cunzbrances affecting the easement and tl�e Ease���ent Properiy of record in Denton County, Texas, or apparent on tile ground, but only to tl�e extent tl�at tl�ey are still in fo�'ce and effect. � THIS CONVEYANCE IS MADE WITHOUT EXPRESS OR IMPLIED WARRANTIES AS 1'0 THE PHYSICAL CONDITION OF THE EA�EMENT PROPERTY. TO HAVE AND TO HOLD the above-described Easemei�t Property, together with all and singular tlle rights and appurtenailces thereto in anyway beloz�gir�g unto Grantee, and Grantee's successors and assigns forever; and Grantor does hereby binc� itself and its successors ai�d assigns to warrant and forever defend all and singular the Easement Property unto Grantee, its successors and assigns, against every person whomsoe�er lawfiilly clairning or to c�aim the same, or any part thereof When the context requires, singular nauns and pronouns ii�clude tltie �lural. [SIGNATUR�S APPEAR ON THE FOLLOWING PAG�S� Yennaucot Waler Fncility Et�sc:men! Rev. 1/9118 Fc�e� H, GRANTOR, ROANOK� 3511��4 PARTNERS, L.P., a Texas limited partnership By: RoanoE�e 351114 Genpar, LLC, a Texas limited liability company, its Get�eral Partner V By: Williatn V, Boecker, Manager THE STATE OF T�XAS C�UNTY QF TARRANT ACKNOWLEDGMENT , This instrumenf was acknowledged be�ore me on March � , 2022, by William V. Boecker, Manager of Roanoke 35/114 Genpar, LLC, a Texas limited liability coinpany, on bel�alf of such limited liability company as general }�artner of Ro�noke 35111.4 Partners, L.P., a Texas limited �artnersliip, on behalf of such pai-�nership. �,�ti�YP�.,,� RICKI K�Y EWING i� ��= Notary Puhlio, State of 1'exas i'�:�°P� Comm. Expi�es 12-28-2024 '•: h,i oF �`,:,• 'in�n����` Notary �D 13Q939957 ['ennanen1 Watcr facililv Gnse�ueut Rev. 119/18 Notarti�<Public� in and for tl���tat� of Texas FOR7' WQRTH, � GRANT�E: CITY QF FORT WORTH ��a� B}r� OJidarrel�t8,Jf1221.6:46CUn DaIton Hae-r�li Development Services Direcior APPROVED AS TO FORM AND LEGALITY: By: � � �� T�omas R Ha�sen Assistant City Attarney CONTRAGT C.OMPLIANCE MAN�IGER: By s�gnizig, I acknowledge tl�at I ain the person �espoi�sible �ot the monitoring and adxni��istration of.this cantract, inchtc�ing ensuring a11 performance and reporting requi�ements, ' S B V� Janie Sca�'iett tAorales SA��r 1S> 26�2 i3:52 C4T} J Janie Scarleti Mor�Ies I.'�An��nir�g Mf�nager TH� STAT� aF T�XAS CUimi"TY OF TA�iRAN'T ACKNaWL�DGE1Vi�NT . .� BL+'FOR� M�, the undersigned authorify, a Notary Public i�� a��� for tlie St�te c�f T�XAS, on this day personally a�peared Dalto�� Iiarrell, Development �Services Director of the CITY ��' FQRT WORTH, known to nie to be �%e same person whose na�x�e ks subscribed ta the For�going instrun�ent, aud acknowledged to me that the sanle was the act of the CITY QF F��T WORTH and t�iat he execi�ted tlle satne fo�• the purposes and considera�ion iherei�i expressed and, �n the capacity; therein stateti. GIVEN UNDER MY HAND r�t ,20z2 , '"^ iUTAiT TlLLY ;,'•R'" ;� Notary Public �''�'* STATE OF TEXAS . + ��'ir�ar�4++y 117# 13302$f52 '�w�»,w My Comm. Exp. Apr. 69, 2Q25 permanent Water.faciiity Eaxeuicnk Rev. U9l13 AN'D SEAL OF �FFICE th.is d�.y of Notaiy Public in and for th a e of TEXAS �OR'PWORTH. � LEND�R CONSENT AND SUBORDjNATION The undersigned is the beneficiaiy �tnder that certain. deed of irusi encumbering ail ar a por�ion of the real property described as the "Easement Property" within the Permanent Water Faeility Easernent, which deed of trust is dated Apri� 11, 2019, and was xecorded oi� April 11, 2019, as Documen� No. 3843�4, ii� il�e Real Property Records af Denton County, Texas {"Deed o�' Trust"}. The Lindersigned beneficiary under the Deed af T�•ust hereUy consents to tl�e Permanent Water Facility Easement and hereby subardinaies the lien of said Deecl ot Trust to tl�e pro�isio��s of �his Permanent Water Facility �asernent, Dated: March /S� , 2022 SIMMONS BANK By: � Name: �� �,�e.1e, Ti�le: y'4 C.a,n►rt��rc�;�l �rt,...r STATE OF I � jCQ �S 4 COUNTY OF TQ�rL�� § Tl-►is instr ment was ackn'o�wled ed before me tl�is �v day of , 2022, by ' ` , as V �� �'"�- i !� , of . S!✓hh��i?S _ �Cc.�Z,� - -, on behalf of said O"'vn'�4 CINDY CAVE ti�o1�:.. � �. ` ��Notary Public, sta�e ot 7axas Notary Public in ai� or tl�e �taie of %�XGis � :�:�'y Comm. �xptres 0&142023 l� �,,9j�...+�,: Printed Name:. 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O A a N A � � p A V � - A � N O a O 7 U � N `[ ry pao �, <p C 7 ci 4.� 0 a r � � � � � � � � � ^ p O �O 0� V 6� �n s w �s O �O p ti P c^i� # m �.t Z z z s z z z = z N N h = z N N � N = O O `O O '� O �O O `� O � �^ � N � A 4� N � O� O O O O O � O,,g O O O p a N P � � p ,p p � O �p � � wti Qu $ Qu S 3 g � � Qu a A'^. a .o c N a �o o a � a a o a a o a a a a+# �� p � � A� w N�� 's O O O � O O O O p w w ti q � � y � w ac ,p O PI � � A1 � PI A1 � '� � � � � � � � PI T T C T ^ � w �a o w vp. w � w i�. w a a, o o �+�i �np� a � w � � "' _ N � O O O N O S O � m cn P Pw O P V .�D y�, � � � x Denton County Juli Luke County Clerk Instrument Number: �87�5 ERecordings-RP EASEMEN7 Recorded �n: April 20, 2022 11:OD AM "*"*"*"*"*" THIS PAGE IS PART OF THE INSTRUMENT "*"*"*"*"*" Any provision herein which restricts the Sale, Renta� or use of the described REAL PROPERTY because of color or race is invafid and unenforceabfe under federal [aw. " Examined and Charged as Follows: " Total Recording: $54_OD File Information: Document Number: 58755 Receipt Number: 202204190DD912 Recorded DatelTime: April 20, 2022 11:OD AM User: Kraig T Station: Station 25 t�G�u%V � j V� f , �i i �p � �':..IB�lfy � STATE OF TEXAS COUNTY OF DENTON Number o'F Pages: 8 Record and Return To: Corporation Service Company I hereby certify that this Instrument was F[LED In the Fi[e I�lumher sequence o� the dateltime printed herean, and was du[y RECORDED in the Official Records af Dentan County, Texas. Ju�i Luke County C�erk Denton County, 7X CPN 103772 --TMS Cham�ions HAPT Parcel 03 Jesse Daniel Survey, Abstract No. 349 THE STAT� QF TEXAS COUNTY OF DENTON . I►�►��L• il;.� � flu i�►i :3`M Il `. �:�.� al �.t�_x►y_o�►(l.1�" CITY OF FORT WORTH PERMANENT S�WER FACILITY �ASEM�NT DAT� MARCH � /�, 2022 GRANTOR: ROANOK� 351114 PARTNERS, L.P. GRANTOR'S MAILING ADDRESS (including County): 425 kiOUSTON STR�ET, SUIT� 250 FORT WORTH, TARRANT COUNTY, TX 76102 GR.ANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 200 T�XAS ST. FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION: Ten Dollars ($10.00) and o�hex� good a��d vaivable consideiation, ihe receipt and sufficieilcy of which is hereby acknowledged. EASEMENT PROPERTY: Being more particnlarly described in the a#tached Exhibits "A" and `�B" Gran�or, for the consideration paid to Grantor and other good and valuable considet�ation, I�ereby grants, se�ls, and con�eys to Grantee, its successors ax�d assigns, an e�clusive, perpetual easemen# for the construction, operation, maintenance, rep�acement, upgrade, and repair of a Pernla�ient Sewer Line Facility {herea�'ter referreci ka as "Facility"). The I�acility includes all incidental underground a»d aboveground attachments, ec�uipinent and appurtenances, including, b��t not �imited to manhales, n�anhole �ents, lateral line connections, pipelines, junction bo�es in, tapon, under and across a portion of the Easemen� �'roperty and more fully described in Exhibits "A" and "B" attached hereto and incorporated herein For ali pertinent }�urposes, togetiler with the right and privilege at any and all times to enter the Easement Property, or any part thereof, for the p�rpose of constr�icting, operating, maintaining, replacing, upgrading, and repairing said Facility. In no event sl�all Grantor (I) use tl�e Easen�ent Property in any n�anner which interferes in any inaterial way or is inconsistent with the rigi�ts gratxted hereunder, or (II) erect or pertnit to be PE2MANiNT SEWER FACIL(TY Cf15�MENT Rev. 1l9/18 ��R� T WQR'fF�, __��_ erected within the Easernent Property a permanent struc#ure or building, including, but nat ]imited ta, mo��uinent sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permi�, However, Grantot shall be permitted to sr►staiI and maintain (i) a cancrete, asphalt or gravel driveway, road or parking lat across the Easement Praperty, and (ii) utility and drainage crossings, so lon� as such crossings are not less than a 45 deg�-ee angle and no greater tl�an a 90 degree angle to tl�e centerline of the Easement Property, at such place or places as Grantor inay froin tiine to time hereafter select for public or private use, pro�ided that Grantor pro�ide natice to Grantee of such crossings prior to the exEcutioil of �ny such easement or installatian of such crossing and complies with alI of Grantee's required and applicable spacings, including depth separation limits and other pro�ective zi�easures. Gzantee sixa�l be obligated to restore the surface of tlie Easement Property at Grantee's sole cost and expense, including ihe restoration of ar�y sidewalks, driveways, or similar surface impxovements located u�on or adjacent to the Easement PFoperty which �nay have been reinoved, relocaied, altered, datnageci, or destroyed as a result of tl�e Grantee's use of tl�e Easement 1'roperty grai�ted Y�ereuncier. Provided, howe�er, that Graniee shall not be obligated to restore or replace irrigation systenls or other impro�enlents installed in violation of the provisions and intended use of this Easement Property. This easemerzt is granted and accepted subject to all existing rights-of-way aald easements, as well as all ather burc�ens, restrictions, covenants, tenai�cies, Iicenses, aild other e�lcumhra�lces affeciing the easen�ent and the Easement Property of record ii� Denton County, Texas, or apparei�t on tlle graund, but only to ihe exten.t that they are stiEl in force and effect, THIS CONVEYANCE IS MADE WITHOUT EXl'RESS OR IMPLIED WARRANTIES AS TO THE PHYSICAL COND�TION O�' THE EASEMENT PROPERTY. TO HAVE AND TO HOLD the above-described �asement Property, togetl�er with all and singu�ar the rights and appurtenances thereto ii1 a�lyway belongii�g unta Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successors and assigns to wanant and fore�er defend all and singulac tlie easement ui�ta Grantee, its successo�•s and assig;�s, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, singular nouns a�id pronouns include the plural. [SIGNATURES APP�AR ON THE FOLLOWING PAGES] PCRMANEN'C SEWE[t CAC[L1TY LASL-MENT 2ev. I/9118 FURT WOR'I'H. � Gx�NTOR: ROANOKE 35/l l.4 PARTN�RS, L.P., a Texas limited partnership By: Roanoke 35/114 Genpar, LLC, a Texas limited liability compa:ny, its General Partner B : ��� Y Wiiliam V. Boecker, Manager ACKNOWLEDGMENT THE STATE OF TEXAS § § COUNTY OF TARRA,NT § Tliis insirun�ent was acknowiedged before me on March ��, 2022, by William V. Boec�Cer, Manager of Roanoke 35/114 Gen�ar, LLC, a Texas 1ii11ited liability coinpany, on bEl�alf of such lir�ited liability company as general partner of Roanoke 351114 Yartners, L.P., a Texas limited partnerslxip, oz� behalf of suck� partaiez•sh� `��.,��`�ra��•,, � RICKI KAY EWING �z°: �� Notary Public, 54ate of Texa9 ;'���,��Q-s Comm. Expires �2-28-2024 '�i�`' oF t�`' a� �\+ Not��y !D 1309399�7' n$RMANENT SEWEIL FACIL]TY F.ASEtv[GNT Rev, 1/9118 FoRr T�y, ��:��y� CITY OF F�DRT W ORTH �� By• UJFEarrell(Apr7,8,202216:a5CbT] Dalton Harrell � Development Services Director APPROVED �1S TO �'ORM AND LEGALITY: gy � Ei i� I° I' �!�'.C�-�--�'^� '�`h�omas R. H�nsen Assisiant Ci#y A.ttarn�y CONTR�.C'� CQMPLTA.NCE VIANAGER: By signi��g, k acicnaurledge that I am th� person responsibie �'or the nzonitoi�ing aild ac�mi�iistr-atiozz of this contract, including ensuz-ing alI perforrnance and reporting requirements. �'!? � � v �l BY; Janic 5carlett M�r�ales (Apr 15, 207213�52 CDTj J�nie Scarleft Marales Plnn�ning 1Vlanager TH� STAT� dF T�7�A.S C4UNTY Q� TA�2RANT ACKN4WL�DGEM�NT § § § BEFf1RE ME, the undersi�nec� authority, a Notary Public in ai�d foi• the State of TEX.�iS, on this day pe�•sonally appeared Dalton I3arre1l, Develo.�ment Services llirecta,r of the C�T� OF F4RT WORTH, kt�own to ine to be tHe san�e person whose name is subscribed to the. forego�ng insttvment, and acknowleciged to me that the satne �+as th� act a#'the CITY 4F F4RT WORTH ancl that he executed the same faa• the prxtposes and consideration tlaereix� expressed and, i�l the capacity, tl�►erein stated, GIVEN LJNDER MY HAND AND SEAL �F OFFZCE this ��� day of .t�� r � i , 2022. � *Y h"�,. MATT TILLY Y; "'`:. Naiary Public •;�; i STAT� OF' TEXAS '"�; - *t" ICJ# 133028152 h�;'� My Camm, �xp. Apr. 09, 2025 PFI�h1ANENT SEW61t �AC1L]TY EASEM6NT Rev. 119?18 Notary Pu Iic in ar�d f e State of T�XA5 �ORTWpR7'H, .� LENDCR CONSENT AND SUBORDINATION The undersigned is the beneficia�•y unde�• that certain deed of trust enciimbering a[1 or a portion of the real �roperty described as the "�asez�ent Property" within the Permanent Sewer Facility Easement, which deed of trust is daied April 1 l, 2019, and was recorded on April 11, 2019, as Document No. 38934, in the Real Property Records of Denton. County, Texas ("Deed of Trust"}. The Lindersigned beneficiary unde:r Che Deed of Trust 1lereby consents to the Yermanenf Sewer Facility Easemenf and hereby subordinates the lien of said Deed of Trusi to tlle pro�isio�ls af ihis Perma�ent Sewer Facility Easement. Dated: March �, 2022 SIMMONS By: ,.�, ��/ J Name: ; TitIe: � C,omMe�;wl ,�[!�_ STATE OF � �y� C�UNTY O�' ���rcv�f This instrument was acknowledged beFore me this �day of , 2022, by � r �,11 r` � , as ��8. msr�arrr� , of � ` �r�t S , o�l behal� o� said ,L' .�'''rPr'� CINdY CAVE R lrl � - . ; oa*"... � '�a :z; �,_Nalary Public, stete ot �rexSs Notaiy Public in a far #he State of P�" Q �'�'��"� Comm. Expires U&74-2023 printed Narine: �IU� V� �''.,�9;�oF„'�:``� Notary ID 225724-8 My commission expires: ����-a3 [sealJ PI:itMA?JFNT SGWGR FACILlTY [ASEMGN'T Rev. 1I9118 FoR� TH� X: � � m 0 � N � m r P m v m � rn � _ ao � n D � z � � \21-0072-3\DWG\21-0072-3 Champions Circle - Public WasteWater Easement.d A --, � � a r 6 �� � � Q� �] � ��<' _ C1 � � pQ "` :y�. o o ro rn 0 � �� u�rn�a" 3 '' O f'1 r. 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O � f O C � � y 0 p O A �j N � � pW1 � O ��N E A N v N � " O t� O �` O 3 7 3 t rn� (D a Denton County Juli Luke County Clerk Instrument Number: �9668 ERecordings-RP EASEMEN7 Recorded �n: April 21, 2022 11 _27 AM "*"*"*"*"*" THIS PAGE IS PART OF THE INSTRUMENT "*"*"*"*"*" Any provision herein which restricts the Sale, Renta� or use of the described REAL PROPERTY because of color or race is invafid and unenforceabfe under federal [aw. " Examined and Charged as Follows: " Total Recording: $54_OD File Information: Document Number: 59668 Receipt Number: 202204210DD352 Recorded DatelTime: April 21, 2022 11:27 AM User: 7erri 6 Station: t�G�u%V � j V� f , �i i �p � �':..IB�lfy � Station 20 STATE OF TEXAS COUNTY OF DENTON Number o'F Pages: 8 Record and Return To: Corporation Service Company I hereby certify that this Instrument was F[LED In the Fi[e I�lumher sequence o� the dateltime printed herean, and was du[y RECORDED in the Official Records af Dentan County, Texas. Ju�i Luke County C�erk Denton County, 7X CPN 103'77Z — TM� Chann�ions HAPT Parcel O] Jesse Daniel Survey, Abstract No. 349 THE STAT� OF T�XAS COUNTY OF DENTON . KNOW ALL M�N BY TH�SE PR�S�NTS CITY OF FORT WORTH P�RMAN�NT DRAINAG� �'ACILITY �AS�M�NT DAT�: MARCH �� , 2022 GRANTOR: ROANOKE 35J114 PARTN�RS, L.1'. GRANTOR'S MAILING ADDRESS {inc�uding County): 425 HOUSTON STREET, SUIT� 250 I'ORT W�RTH, TARRANT CDUNTY, TX 76102 GRANT�E: CITY OF FORT WORTH GRf1NTEC'S MAILING �1DDRESS (ii�cluding Caui3ty): 200 TEXAS ST. FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATIpN: Ten Dollars {$10.00) and other good and valuable coi�sider�tion, the receipt anc! suF�cie��cy of wllich is hereby ackx-�owledged. �AS�MENT PROPERTY: Being more particular�y described in tlxe lttache�i Exhibits "A" and "I3". Grantor, for thc consideration paid to Grantor and other good and valuabje consideration, f7ereby grants, sells, and conveys to Grailtee, its sLtecessors anci assigns, an excl�isive, per�eiu�l easement for tl�e canstr�iction, operatioi�, inaii�ienai}ce, repl�cemei�t, upgrade, azid repair of a�'e�•�a�anent Drainage Facility (1lereafter referred to as "Facility"). The P�cility includes all i��cidenta3 undergroui�d and abo�eground attacl�rnents, ec�ui�inent and appurtenances, lI1CILlClllla, but. �iot limited to manholes, pipelii�es; junction boxes, ii�lets, ilumes, headwalls, wingwalls, slope pa�ement, gabions, rock rip-rap, drop structures and access ramps, and oth�r erosion control �-��easures i�z, u�on, ui�der and across a po�-tiox� o�'the Ease3i�eiit Property and more fi�lly ciescribed in �xhil�its "A" and "B" attached hereto ancl incorporated hereix� �'or all peztinent purposes, together witl� the rigllt and privilege at �i3y and all times to enter the Easeme�it �'t•ol�ea-ty, or �i�y part tliereof, for the pur�ose of coiistructing, opecati�zg, maintaining, replacing. �ipgrading, �nd repairing said I'acility. PL'R�vfANCNT DRAINAGF, f AC1L1"i'Y EASF.tv[C;NT Rcv. ]!91l3 FURT WORTH. ,��"_ In na ever�t shal! Grar�tox' (I} use the Easemei�t Property in any nlanner, which interferes in any material way or is incoi�sistei�.t witl� tlie �-ights gzanted hereunder, or (II) erect or �ermit to be erected withi�i t11e Easeinent Property a}�erm�nent str�icture or buildi��g, including, �ut not liinited to, mai�ument sign, pole sign, billboard, brick or mason�y fences or w�fls �r otl�ez- st�-uctua-es that require a building pennit, or any structure noi requiring a building permit hLit which may thre�ten tlie structural inte�rity or capacity of the I'aci�ity and its ap}�ut�teaiaElcc:s. Grantee sl�all be obligated to restore tl�e surface of the Easei��ei�t Property at G�•lntee's sole cosi and expezlse, including the restoration of any sidewal�s, cia�iveways, or similar surfacc impro�einents locateci upon or adjacent to ihe Easement Property whzch may have been removed, relocated, altered, damagEd, or destroyed as a res�lt of the Grantee's use of the Easeme�zt Property granted l�ereunder. Provided, howe�er, that Grai�tee shall not be obligated to resiore or repIace iirigation systexns or ather improvenzents installed ii� violation of the provisions and iiltended Ltse of this Easement Frope��ty. This easen�ent is granted and accepted subject to all existing rights-af w�y a�ld easemeilts, as well as all other burdens, resirictions, covenants, ten�ncies, licenses, and othe� encu�-���ra3-►ces af�ectit�� the easement and tl�e Ease�nent Property of record ii� Dentoi� County, Texas, ot� apparent o�1 the g�-ound, but ox�ly to the extent that tk�ey a��e still in force and effect. THIS CONVEYANCE IS MAD� WITHOUT �XPR�SS OR IMPLI�D Wf1RRAN"I'If;S taS TO THE �'HYSICAL CONDITION OP THE �ASEMCNT PROPERTY. TO HAVE AND TO HOLD the above-described Easement Pro�erty, together with all and sing.ular the rights and appurtenances thereto in anyway belonging unto Grantee, ai3d Grantee's successo�•s and assigns toreve�; a��,c3 Grantor does lzereby biz�d itsel� and its sucecssors and �issigns to �varrant and forever defend al1 and singu�ar ihe easement unto Grantee; �ts sti�cc�ssors az�d assi�i�s, a�ainst e�ery persoi� whomsoever lawfully claiming or to claim the same, or a�1y part Chereof. When the context requires, singular nouns and pronouns include the plural. [S�GNATUR�S APP�AR ON TH� FOLLOW�NG �AGCSj PL-RMANGNT DRA[NAGi' PACILITY 1?ASGML-N'f Itev. 1!9/18 FORT�WDR_TH� GRANTOR: ROANOKE 35/114 PARTNERS, L.Y., a Texas liinited partnership By: Roanoke 35111�4 Gen�ar, LLC, a Texas limited liability company, its Gene�•a� Partner By: Wil�iam V, Boecicer, Manager ACKNOWLEDGMENT TH� 5TATE OF TEXAS C�UNTY OF TARRANT § § § This instrument was aeicnowleciged before me on M�rch �i , 2422, Uy Willi�x�� V. Boec�er, Manager of Roano[�e 35J114 Genpai•, LLC, a Texas limited liability coz��pany, �i� bel�alf of sucl� limited liability coin�a3ly �s general partner of Roanofce 351114 P�irtners, L.P., a Texas li�nited partnership, ou behalf of such parti�ersl�i� . - �� ti�111fj�� RlCKI KAY EWING � � � y`p'�p.P'rAU�+: Notary-PLibli :x;�:�_Notary pubfic, State of Texas �9 ;�� Comrn, Expires 12-28-2024 f''!;°F,tt``� Notary ID 130939957 P�]ZMANE\'I' bRA W AGE I�AC[LiTY CASEML^N"I" ]Zev, 1i9f18 ,. , - � —�� . ��l'��� �' � ./ �=�... in and for the State of '�'exas �� Foit_� .. GRAN �EE; CITY GF FURT WURTH $y; ��N„rr�ila�rza,zaxza�:iica7} Dalton Harrell Devel.a�menf 5er�ices Uirectar AP�ROVED AS T0 FORM AND LEGALITY: sy: ��� Thomas R Ha�asen Assist�nt City Attvrney C�NTRACT C4MPLTANC� h�NAGERi By signing, I acl�nowiedge that I ain the person respvi�sib�e for tlze monitoring a�id administration of this contraci, iz�c�tiding enst�:ring all p�rformance and reporti�g reqLtiremenfs. � c���ll��'�',(�a��f B�l; JaiiieScatte.ttt+loraies(FQr20,24221A:38CD71 Janie Scarlett Morales Pl�nr�ing Manager ACKN4WLEDG�M�NT - � TH� STAT� OI` TEXAS § § COiINTY QF TARRANT � BEFORE ME, the undersignecl authority, a Notayy Pi�blic ii� �d �o� the State o�T�YAS, on this day personally appeared Daltnn Harreli, �le�elnpment �ervices Direciar of the CTTY OF FORT WQRTH, knawn to nie to be tlie sa�ne pe�•son whose name is subscribed to the foregoii�g i»st;rulnent, ar�d acknowledged to rn� that the same was the act of the CITY OF F�RT WORTH at�d that ]xe �xecuted t�ze sa�l�e for the pu�poses and consideration tlzerein eapressed a��cl, i� t��e capacity; therein stated. � �� � GIWEN CINDER MY HAND AND S�AL OF O�FICE .this ���� day of A�ir; Zaz�. � pp�� MAT'F 71LLY Nota�y Publ.ic i� aza ��� the State �f �TEXA,S .*�:;. ;,, p . � Notary Fublit *' '• STATE QF TEXAS � �� NfjhD�1��.Fy !b# 933U26152 ,,,� My Comm. Exp. Apr. 08, 20�5 PLRMANEiVT 1�RAlNACE FACIL[TY �ABL•i�1ENT Rcv. U7118 Fo��. LEND�R CONS�NT AND SUB�RDINATION The undersigiied is il�e Uenefiicia�-y under that certain deed of trust encuinUering all or a portion of the real proper�y described as the "Easeinent P�operty" within tl�e Permanent Drainage Facility Easement, which deed of trust is dated April 11, 2019, and was recorded on Apri] 1], 2419, as Document No. 38934, in the Real k�zoperty Records of Denton County, 7'ex�s ("llecc� of Trust"}. The ui�.dersigned bene�iciazy u��de�� the Deed af Trust l�ereby co�isei�ts to tl�e Permanent Drainage Faciliiy �asement and hereby subordinates tlie lien of said Deed of 1�rust to the provisioizs of this Permanent Drainage Faci�ity �asement. Dated: March �, 2022 SIMMQNS BANK � � p1 � r � Ey: � Name• ,�''''�e.� �.►�k Tikle: � �1' �'am��at� STATE OF Tk'QS COUNTY OF I�ri�Ce�?t This instr}�mei�t was ackno ledge before e#his ���ay of '�` . 2022, by �r��-� � se !2 , as �� ic� �T� si�'� of ; im�r►a�2s �,� , o�, behalf of said �,�r� ,� ^ .. � � ���"Y'{���i CINDY CAVE �'`�'�� ��' Nota�•y PuUlic ' and for the State of ��XQ.s �;d.' �,�IVotary Pubtic, 5tate of 7exas =�a��`•r, Comm. Expires 08-442023 printed Name: /1 �rtl.t��/ [�f��� '�.;�,��;.�. . � - �+ueinr` lVotery ID 225724-8 My coii�mission ex�ires: �- i�-a 3 [seal] PfRMANEN'i' DRAINAGE PACILII'Y [ASEMCNT Rev. 4r�'lR F�R7' WOR7'H. � X: � n c� m 0 �, N �'1 m r v m 0 W � 1\21-0072-3\DWG\21-0072-3 Champions Circle - Public Drainage Easement_rev_2021.11.24.dw � 0 � c� � 3 � O O � � N 0 w �] � N Z O � O N � o -a � -a - - �'oom A I rn cn �` a -a o o:oocum � � � 'n �. 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G.�j0 � p C O j 3 \ � O � c o apn� An,� a N C a ,�� � � � � rn x a � o� � � oi Approval Spec No. Classsification Manufacturer Model No. National Spec SizeStorm Sewer - Inlet & Structures 33-05-13 (Rev 10/13/2021)10/08/20 33 49 20 Curb Inlets Forterrra FRT-10x3-405-PRECAST** ASTM C913 10' X 3'10/08/20 33 49 20 Curb Inlets Forterrra FRT-10x3-406-PRECAST** ASTM C913 10' X 3'10/08/20 33 49 20 Curb Inlets Forterrra FRT-10x4.5-407-PRECAST** ASTM C913 10' X 4.5'10/08/20 33 49 20 Curb Inlets Forterrra FRT-10x4.5-420-PRECAST** ASTM C913 10' X 4.5'10/08/20 33 39 20 Manhole Forterrra FRT-4X4-409-PRECAST-TOP ASTM C913 4' X 4'10/08/20 33 39 20 Manhole Forterrra FRT-4X4-409-PRECAST-BASE ASTM C913 4' X 4'10/08/20 33 39 20 Manhole Forterrra FRT-5X5-410-PRECAST-TOP ASTM C913 5' X 5'10/08/20 33 39 20 Manhole Forterrra FRT-5X5-410-PRECAST-BASE ASTM C913 5' X 5'10/08/20 33 39 20 Manhole Forterrra FRT-6X6-411-PRECAST-TOP ASTM C913 6' X 6'10/08/20 33 39 20 Manhole Forterrra FRT-6X6-411-PRECAST-BASE ASTM C913 6' X 6'3/19/2021 33 49 20 Curb Inlets Thompson Pipe Group TPG-10X3-405-PRECAST INLET** ASTM 615 10' X 3'3/19/202133 49 20Curb InletsThompson Pipe GroupTPG-15X3-405-PRECAST INLET**ASTM 61515' x 3'3/19/202133 49 20Curb InletsThompson Pipe GroupTPG-20X3-405-PRECAST INLET**ASTM 61520' x 3'3/19/202133 39 20ManholeThompson Pipe GroupTPG-4X4-409-PRECAST TOPASTM 6154' X 4'3/19/202133 39 20ManholeThompson Pipe GroupTPG-4X4-409-PRECAST BASEASTM 6154' X 4'3/19/202133 39 20ManholeThompson Pipe GroupTPG-4X4-412-PRECAST 4-FT RISERASTM 6154' X 4'3/19/202133 39 20ManholeThompson Pipe GroupTPG-5X5-410-PRECAST TOPASTM 6155' X 5'3/19/202133 39 20ManholeThompson Pipe GroupTPG-5X5-410-PRECAST BASEASTM 6155' X 5'3/19/202133 39 20ManholeThompson Pipe GroupTPG-5X5-412-PRECAST 5-FT RISERASTM 6155' X 5'3/19/202133 39 20ManholeThompson Pipe GroupTPG-6X6-411-PRECAST TOPASTM 6156' X 6'3/19/202133 39 20ManholeThompson Pipe GroupTPG-6X6-411-PRECAST BASEASTM 6156' X 6'3/19/202133 39 20ManholeThompson Pipe GroupTPG-6X6-412-PRECAST 6-FT RISERASTM 6156' X 6'3/19/202133 39 20ManholeThompson Pipe GroupTPG-7X7-411-PRECAST TOPASTM 6157' X 7'3/19/202133 39 20ManholeThompson Pipe GroupTPG-7X7-411-PRECAST BASEASTM 6157' X 7'3/19/202133 39 20ManholeThompson Pipe GroupTPG-7X7-412-PRECAST 4-FT RISERASTM 6157' X 7'3/19/202133 39 20ManholeThompson Pipe GroupTPG-8X8-411-PRECAST TOPASTM 6158' X 8'3/19/202133 39 20ManholeThompson Pipe GroupTPG-8X8-411-PRECAST BASEASTM 6158' X 8'3/19/202133 39 20ManholeThompson Pipe GroupTPG-8X8-412-PRECAST 5-FT RISERASTM 6158' X 8'3/19/202133 49 20Drop InletThompson Pipe GroupTPG-4X4-408-PRECAST INLETASTM 6154' X 4'3/19/202133 49 20Drop InletThompson Pipe GroupTPG-5X5-408-PRECAST INLETASTM 6155' X 5'3/19/202133 49 20Drop InletThompson Pipe GroupTPG-6X6-408-PRECAST INLETASTM 6156' X 6'CITY OF FORT WORTHTRANSPORTATION & PUBLIC WORKS DEPARTMENT STORMWATER MANAGEMENT DIVISION STANDARD PRODUCT LIST**Note: Pre-cast inlets are appoved for the stage I portion of the structure (basin) only. Stage II portion of the structure are required to required to be cast in-place. No exceptions to this requirement shall be allowed.Updated: 10/13/21* From Original Standard Products List Approval Spec No. Classsification Manufacturer Model No. National Spec Size Water & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16) 07/23/97 33 05 13 Urethane Hydrophilic Waterstop Asahi Kogyo K.K. Adeka Ultra-Seal P-201 ASTM D2240/D412/D792 04/26/00 33 05 13 Offset Joint for 4' Diam. MH Hanson Concrete Products Drawing No. 35-0048-001 04/26/00 33 05 13 Profile Gasket for 4' Diam. MH. Press-Seal Gasket Corp. 250-4G Gasket ASTM C-443/C-361 SS MH 1/26/99 33 05 13 HDPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring Traffic and Non-traffic area 5/13/05 33 05 13 Manhole External Wrap Canusa - CPS WrapidSeal Manhole Encapsulation System Water & Sewer - Manholes & Bases/Fiberglass 33-39-13 (1/8/13) 1/26/99 33 39 13 Fiberglass Manhole Fluid Containment, Inc. Flowtite ASTM 3753 Non-traffic area 08/30/06 33 39 13 Fiberglass Manhole L.F. Manufacturing Non-traffic area Water & Sewer - Manholes & Bases/Frames & Covers/Rectangular 33-05-13 (Rev 2/3/16) * 33 05 13 Manhole Frames and Covers Western Iron Works, Bass & Hays Foundry 1001 24"x40" WD Water & Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 2/3/16) * 33 05 13 Manhole Frames and Covers Western Iron Works, Bass & Hays Foundry 30024 24" Dia. * 33 05 13 Manhole Frames and Covers McKinley Iron Works Inc. A 24 AM 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R-1272 ASTM A48 & AASHTO M306 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R- 165-LM (Hinged) ASTM A48 & AASHTO M306 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry NF 1274 ASTM A48 & AASHTO M306 30" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R-1743-LM (Hinged) ASTM A48 & AASHTO M306 30" dia. 33 05 13 Manhole Frames and Covers Sigma Corporation MH-144N 33 05 13 Manhole Frames and Covers Sigma Corporation MH-143N 33 05 13 Manhole Frames and Covers Pont-A-Mousson GTS-STD 24" dia. 33 05 13 Manhole Frames and Covers Neenah Casting 24" dia. 10/31/06 33 05 13 Manhole Frames and Covers (Hinged) Powerseal Hinged Ductile Iron Manhole ASTM A536 24" Dia. 7/25/03 33 05 13 Manhole Frames and Covers Saint-Gobain Pipelines (Pamrex/rexus) RE32-R8FS 30" Dia. 01/31/06 33 05 13 30" Dia. MH Ring and Cover East Jordan Iron Works V1432-2 and V1483 Designs AASHTO M306-04 30" Dia. 11/02/10 33 05 13 30" Dia. MH Ring and Cover Sigma Corporation MH1651FWN & MH16502 30" Dia 07/19/11 33 05 13 30" Dia. MH Ring and Cover Star Pipe Products MH32FTWSS-DC 30" Dia 08/10/11 33 05 13 30" Dia. MH Ring and Cover Accucast 220700 Heavy Duty with Gasket Ring 30" Dia 10/14/13 33 05 13 30" Dia. MH Ring and Cover (Hinged & Lockable) East Jordan Iron Works 30" ERGO XL Assembly with Cam Lock/MPIC/T-Gasket ASSHTO M105 & ASTM A536 30" Dia 06/01/17 34 05 13 30" Dia. MH Ring and Cover (Hinged & Lockable) CI SIP Industries 2280 (32") ASTM A 48 30" Dia. 09/16/19 33 05 13 30" Dia. MH Ring and Cover Composite Access Products, L.P. CAP-ONE-30-FTW, Composite, w/ Lock w/o Hing 30" Dia. 10/07/21 34 05 13 30" Dia. MH Ring and Cover Trumbull Manufacturing 32"(30") Frame and Cover 30" Dia. Water & Sewer - Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight 33-05-13 (Rev 2/3/16) * 33 05 13 Manhole Frames and Covers Pont-A-Mousson Pamtight 24" Dia. * 33 05 13 Manhole Frames and Covers Neenah Casting 24" Dia. * 33 05 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry 300-24P 24" Dia. * 33 05 13 Manhole Frames and Covers McKinley Iron Works Inc. WPA24AM 24" Dia. 03/08/00 33 05 13 Manhole Frames and Covers Accucast RC-2100 ASTM A 48 24" Dia. 04/20/01 33 05 13 Manhole Frames and Covers (SIP)Serampore Industries Private Ltd. 300-24-23.75 Ring and Cover ASTM A 48 24" Dia. Water & Sewer - Manholes & Bases/Precast Concrete (Rev 1/8/13) * 33 39 10 Manhole, Precast Concrete Hydro Conduit Corp SPL Item #49 ASTM C 478 48" * 33 39 10 Manhole, Precast Concrete Wall Concrete Pipe Co. Inc. ASTM C-443 48" 09/23/96 33 39 10 Manhole, Precast Concrete Concrete Product Inc. 48" I.D. Manhole w/ 32" Cone ASTM C 478 48" w/32" cone 05/08/18 33 39 10 Manhole, Precast Concrete The Turner Company 48", 60" I.D. Manhole w/ 32" Cone ASTM C 478 48", 60" 10/27/06 33 39 10 Manhole, Precast Concrete Oldcastle Precast Inc. 48" I.D. Manhole w/ 24" Cone ASTM C 478 48" Diam w 24" Ring 06/09/10 33 39 10 Manhole, Precast (Reinforced Polymer)Concrete US Composite Pipe Reinforced Polymer Concrete ASTM C-76 48" to 72" 09/06/19 33 39 20 Manhole, Precast Concrete Forterra Pipe and Precast 60" & 72" I.D. Manhole w/32" Cone ASTM C-76 60" & 72" 10/07/21 32 39 20 Manhole, Precast Concrete Forterra Pipe and Precast 48" I.D. Manhole w/32" Cone ASTM C-77 48" 10/07/21 33 39 20 Manhole, Precast (Reinforced Polymer) Concrete Armorock 48" & 60" I.D. Manhole w/32" Cone 48" & 60" 10/07/21 33 39 20 Manhole, Precast (Hybrid) Polymer & PVC Predl Systems 48" & 60" I.D. Manhole w/32" Cone 48" & 60" Water & Sewer - Manholes & Bases/Rehab Systems/Cementitious * E1-14 Manhole Rehab Systems Quadex 04/23/01 E1-14 Manhole Rehab Systems Standard Cement Materials, Inc. Reliner MSP E1-14 Manhole Rehab Systems AP/M Permaform 4/20/01 E1-14 Manhole Rehab System Strong Company Strong Seal MS2A Rehab System 5/12/03 E1-14 Manhole Rehab System (Liner) Poly-triplex Technologies MH repair product to stop infiltration ASTM D5813 08/30/06 General Concrete Repair FlexKrete Technologies Vinyl Polyester Repair Product Misc. Use Water & Sewer - Manholes & Bases/Rehab Systems/NonCementitious 05/20/96 E1-14 Manhole Rehab Systems Sprayroq, Spray Wall Polyurethane Coating ASTM D639/D790 * E1-14 Manhole Rehab Systems Sun Coast 12/14/01 Coating for Corrosion protection(Exterior) ERTECH Series 20230 and 2100 (Asphatic Emulsion) For Exterior Coating of Concrete Structures Only 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, S1, S2 Acid Resistance Test Sewer Applications 8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications 08/30/06 Coatings for Corrosion Protection Citadel SLS-30 Solids Epoxy Sewer Applications 03/19/18 33 05 16, 33 39 10, 33 39 20 Coating for Corrosion protection(Exterior) Sherwin Williams RR&C Dampproofing Non-Fibered Spray Grade (Asphatic Emulsion) For Exterior Coating of Concrete Structures Only CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Note: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes. Updated: 11/08/2021 * From Original Standard Products List 1 Approval Spec No. Classsification Manufacturer Model No. National Spec Size CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Note: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes. Updated: 11/08/2021 Water & Sewer - Manhole Inserts - Field Operations Use Only (Rev 2/3/16) * 33 05 13 Manhole Insert Knutson Enterprises Made to Order - Plastic ASTM D 1248 For 24" dia. * 33 05 13 Manhole Insert South Western Packaging Made to Order - Plastic ASTM D 1248 For 24" dia. * 33 05 13 Manhole Insert Noflow-Inflow Made to Order - Plastic ASTM D 1248 For 24" dia. 09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. LifeSaver - Stainless Steel For 24" dia. 09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. TetherLok - Stainless Steel For 24" dia Water & Sewer - Pipe Casing Spacers 33-05-24 (07/01/13) 11/04/02 Steel Band Casing Spacers Advanced Products and Systems, Inc. Carbon Steel Spacers, Model SI 02/02/93 Stainless Steel Casing Spacer Advanced Products and Systems, Inc. Stainless Steel Spacer, Model SSI 04/22/87 Casing Spacers Cascade Waterworks Manufacturing Casing Spacers 09/14/10 Stainless Steel Casing Spacer Pipeline Seal and Insulator Stainless Steel Casing Spacer Up to 48" 09/14/10 Coated Steel Casin Spacers Pipeline Seal and Insulator Coated Steel Casin Spacers Up to 48" 05/10/11 Stainless Steel Casing Spacer Powerseal 4810 Powerchock Up to 48" 03/19/18 Casing Spacers BWM SS-12 Casing Spacer(Stainless Steel) 03/19/18 Casing Spacers BWM FB-12 Casing Spacer (Coated Carbon Steel) for Non_pressure Pipe and Grouted Casing Water & Sewer - Pipes/Ductile Iron 33-11-10(1/8/13) * 33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co. Super Bell-Tite Ductile Iron Pressure Pipe, AWWA C150, C151 3" thru 24" 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Fastite Pipe (Bell Spigot) AWWA C150, C151 4" thru 30" 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Flex Ring (Restrained Joint) AWWA C150, C151 4" thru 30" * 33 11 10 Ductile Iron Pipe U.S. Pipe and Foundry Co. AWWA C150, C151 * 33 11 10 Ductile Iron Pipe McWane Cast Iron Pipe Co. AWWA C150, C151 Water & Sewer - Utility Line Marker (08/24/2018) Sewer - Coatings/Epoxy 33-39-60 (01/08/13) 02/25/02 Epoxy Lining System Sauereisen, Inc SewerGard 210RS LA County #210-1.33 12/14/01 Epoxy Lining System Ertech Technical Coatings Ertech 2030 and 2100 Series 04/14/05 Interior Ductile Iron Pipe Coating Induron Protecto 401 ASTM B-117 Ductile Iron Pipe Only 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, S1, S2 Acid Resistance Test Sewer Applications 8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications Sewer - Coatings/Polyurethane Sewer - Combination Air Valves 05/25/18 33-31-70 Air Release Valve A.R.I. USA, Inc. D025LTP02(Composite Body) 2" Sewer - Pipes/Concrete * E1-04 Conc. Pipe, Reinforced Wall Concrete Pipe Co. Inc. ASTM C 76 * E1-04 Conc. Pipe, Reinforced Hydro Conduit Corporation Class III T&G, SPL Item #77 ASTM C 76 * E1-04 Conc. Pipe, Reinforced Hanson Concrete Products SPL Item #95-Manhole, #98- Pipe ASTM C 76 * E1-04 Conc. Pipe, Reinforced Concrete Pipe & Products Co. Inc. ASTM C 76 Sewer - Pipe Enlargment System (Method)33-31-23 (01/18/13) PIM System PIM Corporation Polyethylene PIM Corp., Piscata Way, N.J. Approved Previously McConnell Systems McLat Construction Polyethylene Houston, Texas Approved Previously TRS Systems Trenchless Replacement System Polyethylene Calgary, Canada Approved Previously Sewer - Pipe/Fiberglass Reinforced Pipe 33-31-13(1/8/13) 7/21/97 33 31 13 Cent. Cast Fiberglass (FRP) Hobas Pipe USA, Inc. Hobas Pipe (Non-Pressure) ASTM D3262/D3754 03/22/10 33 31 13 Fiberglass Pipe (FRP) Ameron Bondstrand RPMP Pipe ASTM D3262/D3754 04/09/21 Glass-Fiber Reinforced Polymer Pipe (FRP) Thompson Pipe Group Thompson Pipe (Flowtite) ASTM D3262/D3754 4/14/05 Polymer Modified Concrete Pipe Amitech USA Meyer Polycrete Pipe ASTM C33, A276, F477 8" to 102", Class V 06/09/10 E1-9 Reinforced Polymer Concrete Pipe US Composite Pipe Reinforced Polymer Concrete Pipe ASTM C-76 Sewer - Pipes/HDPE 33-31-23(1/8/13) * High-density polyethylene pipe Phillips Driscopipe, Inc. Opticore Ductile Polyethylene Pipe ASTM D 1248 8" * High-density polyethylene pipe Plexco Inc. ASTM D 1248 8" * High-density polyethylene pipe Polly Pipe, Inc. ASTM D 1248 8" High-density polyethylene pipe CSR Hydro Conduit/Pipeline Systems McConnell Pipe Enlargement ASTM D 1248 Sewer - Pipes/PVC (Pressure Sewer) 33-11-12 (4/1/13) 12/02/11 33-11-12 DR-14 PVC Pressure Pipe Pipelife Jetstream PVC Pressure Pipe AWWA C900 4" thru 12" 10/22/14 33-11-12 DR-14 PVC Pressure Pipe Royal Building Products Royal Seal PVC Pressure Pipe AWWA C900 4" thru 12" * From Original Standard Products List 2 Approval Spec No. Classsification Manufacturer Model No. National Spec Size CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Note: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes. Updated: 11/08/2021 Sewer - Pipes/PVC* 33-31-20 (7/1/13) * 33-31-20 PVC Sewer Pipe J-M Manufacturing Co., Inc. (JM Eagle) SDR-26 ASTM D 3034 4" - 15" 12/23/97* 33-31-20 PVC Sewer Pipe Diamond Plastics Corporation SDR-26 ASTM D 3034 4" thru 15" * 33-31-20 PVC Sewer Pipe Lamson Vylon Pipe ASTM F 789 4" thru 15" 01/18/18 33-31-20 PVC Sewer Pipe Vinyltech PVC Pipe Gravity Sewer ASTM D3034 4" thru 15" 11/11/98 33-31-20 PVC Sewer Pipe Diamond Plastics Corporation "S" Gravity Sewer Pipe ASTM F 679 18" to 27" * 33-31-20 PVC Sewer Pipe J-M Manufacturing Co, Inc. (JM Eagle) SDR 26/35 PS 115/46 ASTM F 679 18" - 28" 09/11/12 33-31-20 PVC Sewer Pipe Pipelife Jet Stream SDR-26 and SDR-35 ASTM F-679 18" 05/06/05 33-31-20 PVC Solid Wall Pipe Diamond Plastics Corporation SDR 26/35 PS 115/46 ASTM F-679 18" to 48" 04/27/06 33-31-20 PVC Sewer Fittings Harco SDR-26 and SDR-35 Gasket Fittings ASTM D-3034, D-1784, etc 4" - 15" *33-31-20 PVC Sewer Fittings Plastic Trends, In.c Gasketed PVC Sewer Main Fittings ASTM D 3034 3/19/2018 33 31 20 PVC Sewer Pipe Pipelife Jet Stream SDR 35 ASTM F679 18"- 24" 3/19/2018 33 31 20 PVC Sewer Pipe Pipelife Jet Stream SDR 26 ASTM D3034 4"- 15" 3/29/2019 33 31 20 Gasketed Fittings (PVC)GPK Products, Inc. SDR 26 ASTM D3034/F-679 4"- 15" 10/21/2020 33 31 20 PVC Sewer Pipe NAPCO SDR 26 ASTM D3034 4" - 15" 10/22/2020 33 31 20 PVC Sewer Pipe Sanderson Pipe Corp. SDR 26 ASTM D3034 4"- 15" 10/21/2020 33 31 20 PVC Sewer Pipe NAPCO SDR 26/35 PS 115/46 ASTM F-679 18"- 36" Sewer - Pipes/Rehab/CIPP 33-31-12 (01/18/13) * Cured in Place Pipe Insituform Texark, Inc ASTM F 1216 05/03/99 Cured in Place Pipe National Envirotech Group National Liner, (SPL) Item #27 ASTM F-1216/D-5813 05/29/96 Cured in Place Pipe Reynolds Inc/Inliner Technolgy (Inliner USA) Inliner Technology ASTM F 1216 Sewer - Pipes/Rehab/Fold & Form * Fold and Form Pipe Cullum Pipe Systems, Inc. 11/03/98 Fold and Form Pipe Insituform Technologies, Inc. Insituform "NuPIpe" ASTM F-1504 Fold and Form Pipe American Pipe & Plastics, Inc.Demo. Purpose Only 12/04/00 Fold and Form Pipe Ultraliner Ultraliner PVC Alloy Pipeliner ASTM F-1504, 1871, 1867 06/09/03 Fold and Form Pipe Miller Pipeline Corp. EX Method ASTM F-1504, F-1947 Up to 18" diameter Sewer - Pipes/Open Profile Large Diameter 09/26/91 E100-2 PVC Sewer Pipe, Ribbed Lamson Vylon Pipe Carlon Vylon H.C. Closed Profile Pipe, ASTM F 679 18" to 48" 09/26/91 E100-2 PVC Sewer Pipe, Ribbed Extrusion Technologies, Inc. Ultra-Rib Open Profile Sewer Pipe ASTM F 679 18" to 48" E100-2 PVC Sewer Pipe, Ribbed Uponor ETI Company 11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Double Wall Advanced Drainage Systems (ADS) SaniTite HP Double Wall (Corrugated) ASTM F 2736 24"-30" 11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Triple Wall Advanced Drainage Systems (ADS) SaniTite HP Triple Wall Pipe ASTM F 2764 30" to 60" 05/16/11 Steel Reinforced Polyethylene Pipe ConTech Construction Products Durmaxx ASTM F 2562 24" to 72" Water - Appurtenances 33-12-10 (07/01/13) 01/18/18 33-12-10 Double Strap Saddle Romac 202NS Nylon Coated AWWA C800 1"-2" SVC, up to 24" Pipe 08/28/02 Double Strap Saddle Smith Blair #317 Nylon Coated Double Strap Saddle 07/23/12 33-12-10 Double Strap Service Saddle Mueller Company DR2S Double (SS) Strap DI Saddle AWWA C800 1"-2" SVC, up to 24" Pipe 10/27/87 Curb Stops-Ball Meter Valves McDonald 6100M,6100MT & 610MT 3/4" and 1" 10/27/87 Curb Stops-Ball Meter Valves McDonald 4603B, 4604B, 6100M, 6100TM and 6101M 1½" and 2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc. FB600-7NL, FB1600-7-NL, FV23-777-W-NL, L22-77NL AWWA C800 2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc. FB600-6-NL, FB1600-6-NL, FV23-666-W- NL, L22-66NL AWWA C800 1-1/2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc. FB600-4-NL, FB1600-4-NL, B11-444-WR- NL, B22444-WR-NL, L28-44NL AWWA C800 1" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd. B-25000N, B-24277N-3, B-20200N-3, H- 15000N, , H-1552N, H142276N AWWA C800, ANSF 61, ANSI/NSF 372 2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd. B-25000N, B-20200N-3, B-24277N-3,H- 15000N, H-14276N, H-15525N AWWA C800, ANSF 61, ANSI/NSF 372 1-1/2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd. B-25000N, B-20200N-3,H-15000N, H- 15530N AWWA C800, ANSF 61, ANSI/NSF 372 1" 01/26/00 Coated Tapping Saddle with Double SS Straps JCM Industries, Inc. #406 Double Band SS Saddle 1"-2" Taps on up to 12" 0/5/21/12 33-12-25 Tapping Sleeve (Coated Steel) JCM Industries, Inc. 412 Tapping Sleeve ESS AWWA C-223 Up to 30" w/12" Out 05/10/11 Tapping Sleeve (Stainless Steel) Powerseal 3490AS (Flange) & 3490MJ 4"-8" and 16" 02/29/12 33-12-25 Tapping Sleeve (Coated Steel) Romac FTS 420 AWWA C-223 U p to 42" w/24" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST Stainless Steel AWWA C-223 Up to 24" w/12" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST III Stainless Steel AWWA C-223 Up to 30" w/12" Out 05/10/11 Joint Repair Clamp Powerseal 3232 Bell Joint Repair Clamp 4" to 30" Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW37C-12-1EPAF FTW Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW39C-12-1EPAF FTW 08/30/06 Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW65C-14-1EPAF FTW Class "A" Concrete Meter Box Bass & Hays CMB37-B12 1118 LID-9 Concrete Meter Box Bass & Hays CMB-18-Dual 1416 LID-9 Concrete Meter Box Bass & Hays CMB65-B65 1527 LID-9 Water - Bolts, Nuts, and Gaskets 33-11-05 (01/08/13) * From Original Standard Products List 3 Approval Spec No. Classsification Manufacturer Model No. National Spec Size CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Note: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes. Updated: 11/08/2021 Water - Combination Air Release 33-31-70 (01/08/13) * E1-11 Combination Air Release Valve GA Industries, Inc. Empire Air and Vacuum Valve, Model 935 ASTM A 126 Class B, ASTM A 240 - float, ASTM A 307 - Cover Bolts 1" & 2" * E1-11 Combination Air Release Valve Multiplex Manufacturing Co. Crispin Air and Vacuum Valves, Model No. 1/2", 1" & 2" * E1-11 Combination Air Release Valve Valve and Primer Corp. APCO #143C, #145C and #147C 1", 2" & 3" Water - Dry Barrel Fire Hydrants 33-12-40 (01/15/14) 10/01/87 E-1-12 Dry Barrel Fire Hydrant American-Darling Valve Drawing Nos. 90-18608, 94-18560 AWWA C-502 03/31/88 E-1-12 Dry Barrel Fire Hydrant American Darling Valve Shop Drawing No. 94-18791 AWWA C-502 09/30/87 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Shop Drawing No. D-19895 AWWA C-502 01/12/93 E-1-12 Dry Barrel Fire Hydrant American AVK Company Model 2700 AWWA C-502 08/24/88 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Drawings D20435, D20436, B20506 AWWA C-502 E-1-12 Dry Barrel Fire Hydrant ITT Kennedy Valve Shop Drawing No. D-80783FW AWWA C-502 09/24/87 E-1-12 Dry Barrel Fire Hydrant M&H Valve Company Shop Drawing No. 13476 AWWA C-502 10/14/87 E-1-12 Dry Barrel Fire Hydrant Mueller Company Shop Drawings No. 6461 A-423 Centurion AWWA C-502 01/15/88 E1-12 Dry Barrel Fire Hydrant Mueller Company Shop Drawing FH-12 A-423 Super Centurion 200 AWWA C-502 10/09/87 E-1-12 Dry Barrel Fire Hydrant U.S. Pipe & Foundry Shop Drawing No. 960250 AWWA C-502 09/16/87 E-1-12 Dry Barrel Fire Hydrant Waterous Company Shop Drawing No. SK740803 AWWA C-502 08/12/16 33-12-40 Dry Barrel Fire Hydrant EJ (East Jordan Iron Works) WaterMaster 5CD250 Water - Meters 02/05/93 E101-5 Detector Check Meter Ames Company Model 1000 Detector Check Valve AWWA C550 4" - 10" 08/05/04 Magnetic Drive Vertical Turbine Hersey Magnetic Drive Vertical AWWA C701, Class 1 3/4" - 6" Water - Pipes/PVC (Pressure Water) 33-31-70 (01/08/13) 01/18/18 33-11-12 PVC Pressure Pipe Vinyltech PVC Pipe DR14 AWWA C900, AWWA C605, ASTM D1784 4"-12" 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR14 AWWA C900 4"-12" 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR18 AWWA C900 16"-24" 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 14 AWWA C900 4"-12" 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 18 AWWA C900 16"-24" 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 14 AWWA C900-16 UL 1285 ANSI/NSF 61 FM 1612 4"-28" 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 18 AWWA C900-16 UL 1285 ANSI/NSF 61 FM 1612 16"-24" 9/6/2019 33 11 12 PVC Pressure Pipe Underground Solutions Inc. DR14 Fusible PVC AWWA C900 4" - 8" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO DR18 AWWA C900 16" - 24" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO DR14 AWWA C900 4"- 12" 9/6/2019 33 11 12 PVC Pressure Pipe Sanderson Pipe Corp. DR14 AWWA C900 4"- 12" Water - Pipes/Valves & Fittings/Ductile Iron Fittings 33-11-11 (01/08/13) 07/23/92 E1-07 Ductile Iron Fittings Star Pipe Products, Inc. Mechanical Joint Fittings AWWA C153 & C110 * E1-07 Ductile Iron Fittings Griffin Pipe Products, Co. Mechanical Joint Fittings AWWA C 110 * E1-07 Ductile Iron Fittings McWane/Tyler Pipe/ Union Utilities Division Mechanical Joint Fittings, SSB Class 350 AWWA C 153, C 110, C 111 08/11/98 E1-07 Ductile Iron Fittings Sigma, Co. Mechanical Joint Fittings, SSB Class 351 AWWA C 153, C 110, C 112 02/26/14 E1-07 MJ Fittings Accucast Class 350 C-153 MJ Fittings AWWA C153 4"-12" 05/14/98 E1-07 Ductile Iron Joint Restraints Ford Meter Box Co./Uni-Flange Uni-Flange Series 1400 AWWA C111/C153 4" to 36" 05/14/98 E1-24 PVC Joint Restraints Ford Meter Box Co./Uni-Flange Uni-Flange Series 1500 Circle-Lock AWWA C111/C153 4" to 24" 11/09/04 E1-07 Ductile Iron Joint Restraints One Bolt, Inc. One Bolt Restrained Joint Fitting AWWA C111/C116/C153 4" to 12" 02/29/12 33-11-11 Ductile Iron Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 1100 (for DI Pipe)AWWA C111/C116/C153 4" to 42" 02/29/12 33-11-11 PVC Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 2000 (for PVC Pipe)AWWA C111/C116/C153 4" to 24" 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLC4 - SLC10 AWWA C111/C153 4" to 10" 03/06/19 33-11-11 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLCS4 - SLCS12 AWWA C111/C153 4" to 12" 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLCE AWWA C111/C153 12" to 24" 08/10/98 E1-07 MJ Fittings(DIP) Sigma, Co. Sigma One-Lok SLDE AWWA C153 4" - 24" 10/12/10 E1-24 Interior Restrained Joint System S & B Techncial Products Bulldog System ( Diamond Lok 21 & JM ASTM F-1624 4" to 12" 08/16/06 E1-07 Mechanical Joint Fittings SIP Industries(Serampore) Mechanical Joint Fittings AWWA C153 4" to 24" 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. PVC Stargrip Series 4000 ASTM A536 AWWA C111 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. DIP Stargrip Series 3000 ASTM A536 AWWA C111 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) EZ Grip Joint Restraint (EZD) Black For DIP ASTM A536 AWWA C111 3"-48" 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) EZ Grip Joint Restraint (EZD) Red for C900 DR14 PVC Pipe ASTM A536 AWWA C111 4"-12" 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) EZ Grip Joint Restraint (EZD) Red for C900 DR18 PVC Pipe ASTM A536 AWWA C111 16"-24" * From Original Standard Products List 4 Approval Spec No. Classsification Manufacturer Model No. National Spec Size CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Note: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes. Updated: 11/08/2021 Water - Pipes/Valves & Fittings/Resilient Seated Gate Valve* 33-12-20 (05/13/15) Resilient Wedged Gate Valve w/no Gears American Flow Control Series 2500 Drawing # 94-20247 16" 12/13/02 Resilient Wedge Gate Valve American Flow Control Series 2530 and Series 2536 AWWA C515 30" and 36" 08/31/99 Resilient Wedge Gate Valve American Flow Control Series 2520 & 2524 (SD 94-20255) AWWA C515 20" and 24" 05/18/99 Resilient Wedge Gate Valve American Flow Control Series 2516 (SD 94-20247) AWWA C515 16" 10/24/00 E1-26 Resilient Wedge Gate Valve American Flow Control Series 2500 (Ductile Iron) AWWA C515 4" to 12" 08/05/04 Resilient Wedge Gate Valve American Flow Control 42" and 48" AFC 2500 AWWA C515 42" and 48" 05/23/91 E1-26 Resilient Wedge Gate Valve American AVK Company American AVK Resilient Seaded GV AWWA C509 4" to 12" 01/24/02 E1-26 Resilient Wedge Gate Valve American AVK Company 20" and smaller * E1-26 Resilient Seated Gate Valve Kennedy 4" - 12" * E1-26 Resilient Seated Gate Valve M&H 4" - 12" * E1-26 Resilient Seated Gate Valve Mueller Co.4" - 12" 11/08/99 Resilient Wedge Gate Valve Mueller Co. Series A2361 (SD 6647) AWWA C515 16" 01/23/03 Resilient Wedge Gate Valve Mueller Co. Series A2360 for 18"-24" (SD 6709) AWWA C515 24" and smaller 05/13/05 Resilient Wedge Gate Valve Mueller Co. Mueller 30" & 36", C-515 AWWA C515 30" and 36" 01/31/06 Resilient Wedge Gate Valve Mueller Co. Mueller 42" & 48", C-515 AWWA C515 42" and 48" 01/28/88 E1-26 Resilient Wedge Gate Valve Clow Valve Co. AWWA C509 4" - 12" 10/04/94 Resilient Wedge Gate Valve Clow Valve Co. 16" RS GV (SD D-20995) AWWA C515 16" 11/08/99 E1-26 Resilient Wedge Gate Valve Clow Valve Co. Clow RW Valve (SD D-21652) AWWA C515 24" and smaller 11/29/04 Resilient Wedge Gate Valve Clow Valve Co. Clow 30" & 36" C-515 AWWA C515 30" and 36" (Note 3) 11/30/12 Resilient Wedge Gate Valve Clow Valve Co. Clow Valve Model 2638 AWWA C515 24" to 48" (Note 3) 05/08/91 E1-26 Resilient Seated Gate Valve Stockham Valves & Fittings AWWA C 509, ANSI 420 - stem, ASTM A 276 Type 304 - Bolts & nuts 4" - 12" * E1-26 Resilient Seated Gate Valve U.S. Pipe and Foundry Co.Metroseal 250, requirements SPL #74 3" to 16" 10/26/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works)EJ FlowMaster Gate Valve & Boxes 08/24/18 Matco Gate Valve Matco-Norca 225 MR AWWA/ANSI C115/An21.15 4" to 16" Water - Pipes/Valves & Fittings/Rubber Seated Butterfly Valve 33-12-21 (07/10/14) * E1-30 Rubber Seated Butterfly Valve Henry Pratt Co. AWWA C-504 24" * E1-30 Rubber Seated Butterfly Valve Mueller Co. AWWA C-504 24"and smaller 1/11/99 E1-30 Rubber Seated Butterfly Valve Dezurik Valves Co. AWWA C-504 24" and larger 06/12/03 E1-30 Valmatic American Butterfly Valve Valmatic Valve and Manufacturing Corp. Valmatic American Butterfly Valve. AWWA C-504 Up to 84" diameter 04/06/07 E1-30 Rubber Seated Butterfly Valve M&H Valve M&H Style 4500 & 1450 AWWA C-504 24" to 48" 03/19/18 33 12 21 Rubber Seated Butterfly Valve G. A. Industries (Golden Anderson) AWWA C504 Butterfly Valve AWWA C-504 30"-54" Water - Polyethylene Encasement 33-11-10 (01/08/13) 05/12/05 E1-13 Polyethylene Encasment Flexsol Packaging Fulton Enterprises AWWA C105 8 mil LLD 05/12/05 E1-13 Polyethylene Encasment Mountain States Plastics (MSP) and AEP Ind. Standard Hardware AWWA C105 8 mil LLD 05/12/05 E1-13 Polyethylene Encasment AEP Industries Bullstrong by Cowtown Bolt & Gasket AWWA C105 8 mil LLD 09/06/19 33-11-11 Polyethylene Encasment Northtown Products Inc. PE Encasement for DIP AWWA C105 8 mil LLD Water - Sampling Station 3/12/96 Water Sampling Station Water Plus B20 Water Sampling Station Water - Automatic Flusher 10/21/20 Automated Flushing System Mueller Hydroguard HG6-A-IN-2-BRN-LPRR(Portable) HG2-A-IN--2-PVC-018-LPLG(Permanent) 04/09/21 Automated Flushing System Kupferle Foundry Company Eclipse #9800wc 04/09/21 Automated Flushing System Kupferle Foundry Company Eclipse #9700 (Portable) * From Original Standard Products List 5