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063740-PM1 - Construction-Related - Contract - McPherson Holdings LLC and Xterra Siteworks
PROJECT MANUAL FOR THE CONSTRUCTION OF WATER & SEWER IMPROVEMENTS TO SERVE McPherson Crossing – Lot 1B, Block 1 IPRC Record No. IPRC24-0206 City Project No. 105829 FID No. 30114-0200431-105829-E07685 X File No. 28359 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 OCTOBER 2025 Westwood Professional Services 500 W 5TH ST SUITE 1300 FORT WORTH, TX 76102 PHONE: 817-953-2777 TX FIRM NO. 11756 NOVEMBER Jesus "Jay" Chapa CSC No. 63740-PM1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 5 CITY OF FORT WORTH Clearfork C-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN:106113 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 Clearfork C-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN:106113 Revised March 20, 2020 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City’s website at: http://fortworthtexas.gov/tpw/contractors/ or https://apps.fortworthtexas.gov/ProjectResources/ Division 02 - Existing Conditions Last Revised 02 41 13 Selective Site Demolition 12/20/2012 02 41 14 Utility Removal/Abandonment 12/20/2012 02 41 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 12/20/2012 03 34 13 Controlled Low Strength Material (CLSM) 12/20/2012 03 34 16 Concrete Base Material for Trench Repair 12/20/2012 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Division 26 - Electrical 26 05 00 Common Work Results for Electrical 11/22/2013 26 05 10 Demolition for Electrical Systems 12/20/2012 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011 26 05 50 Communications Multi-Duct Conduit 02/26/2016 Division 31 - Earthwork 31 10 00 Site Clearing 12/20/2012 31 23 16 Unclassified Excavation 01/28/2013 31 23 23 Borrow 01/28/2013 31 24 00 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 12/20/2012 31 36 00 Gabions 12/20/2012 31 37 00 Riprap 12/20/2012 Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 12/20/2012 32 01 18 Temporary Asphalt Paving Repair 12/20/2012 32 01 29 Concrete Paving Repair 12/20/2012 32 11 23 Flexible Base Courses 12/20/2012 32 11 29 Lime Treated Base Courses 12/20/2012 32 11 33 Cement Treated Base Courses 12/20/2012 32 11 37 Liquid Treated Soil Stabilizer 08/21/2015 32 12 16 Asphalt Paving 12/20/2012 32 12 73 Asphalt Paving Crack Sealants 12/20/2012 32 13 13 Concrete Paving 12/20/2012 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 13 73 Concrete Paving Joint Sealants 12/20/2012 32 14 16 Brick Unit Paving 12/20/2012 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 CITY OF FORT WORTH Clearfork C-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN:106113 Revised March 20, 2020 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 32 17 23 Pavement Markings 11/22/2013 32 17 25 Curb Address Painting 11/04/2013 32 31 13 Chain Fences and Gates 12/20/2012 32 31 26 Wire Fences and Gates 12/20/2012 32 31 29 Wood Fences and Gates 12/20/2012 32 32 13 Cast-in-Place Concrete Retaining Walls 06/05/2018 32 91 19 Topsoil Placement and Finishing of Parkways 12/20/2012 32 92 13 Hydro-Mulching, Seeding, and Sodding 12/20/2012 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 33 01 31 Closed Circuit Television (CCTV) Inspection 03/03/2016 33 03 10 Bypass Pumping of Existing Sewer Systems 12/20/2012 33 04 10 Joint Bonding and Electrical Isolation 12/20/2012 33 04 11 Corrosion Control Test Stations 12/20/2012 33 04 12 Magnesium Anode Cathodic Protection System 12/20/2012 33 04 30 Temporary Water Services 07/01/2011 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 33 05 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 33 05 12 Water Line Lowering 12/20/2012 33 05 13 Frame, Cover and Grade Rings – Cast Iron 01/22/2016 33 05 13.10 Frame, Cover and Grade Rings – Composite 01/22/2016 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 12/20/2012 33 05 16 Concrete Water Vaults 12/20/2012 33 05 17 Concrete Collars 12/20/2012 33 05 20 Auger Boring 12/20/2012 33 05 21 Tunnel Liner Plate 12/20/2012 33 05 22 Steel Casing Pipe 12/20/2012 33 05 23 Hand Tunneling 12/20/2012 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 06/19/2013 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 11 05 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 12/20/2012 33 11 14 Buried Steel Pipe and Fittings 12/20/2012 33 12 10 Water Services 1-inch to 2-inch 02/14/2017 33 12 11 Large Water Meters 12/20/2012 33 12 20 Resilient Seated Gate Valve 12/20/2012 33 12 21 AWWA Rubber-Seated Butterfly Valves 12/20/2012 33 12 25 Connection to Existing Water Mains 02/06/2013 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 33 12 40 Fire Hydrants 01/03/2014 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 CITY OF FORT WORTH Clearfork C-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN:106113 Revised March 20, 2020 33 12 50 Water Sample Stations 12/20/2012 33 12 60 Standard Blow-off Valve Assembly 06/19/2013 33 31 12 Cured in Place Pipe (CIPP) 12/20/2012 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 12/20/2012 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 12/20/2012 33 31 22 Sanitary Sewer Slip Lining 12/20/2012 33 31 23 Sanitary Sewer Pipe Enlargement 12/20/2012 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012 33 39 10 Cast-in-Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 Fiberglass Manholes 12/20/2012 33 39 40 Wastewater Access Chamber (WAC) 12/20/2012 33 39 60 Epoxy Liners for Sanitary Sewer Structures 12/20/2012 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 12/20/2012 33 41 12 Reinforced Polyethlene (SRPE) Pipe 11/13/2015 33 46 00 Subdrainage 12/20/2012 33 46 01 Slotted Storm Drains 07/01/2011 33 46 02 Trench Drains 07/01/2011 33 49 10 Cast-in-Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 34 41 10 Traffic Signals 10/12/2015 34 41 10.01 Attachment A – Controller Cabinet 12/18/2015 34 41 10.02 Attachment B – Controller Specification 02/2012 34 41 10.03 Attachment C – Software Specification 01/2012 34 41 11 Temporary Traffic Signals 11/22/2013 34 41 13 Removing Traffic Signals 12/20/2012 34 41 15 Rectangular Rapid Flashing Beacon 11/22/2013 34 41 16 Pedestrian Hybrid Signal 11/22/2013 34 41 20 Roadway Illumination Assemblies 12/20/2012 34 41 20.01 Arterial LED Roadway Luminaires 06/15/2015 34 41 20.02 Freeway LED Roadway Luminaires 06/15/2015 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 41 30 Aluminum Signs 11/12/2013 34 41 50 Single-Mode Fiber Optic Cable 02/26/2016 34 71 13 Traffic Control 11/22/2013 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 5 CITY OF FORT WORTH Clearfork C-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN:106113 Revised March 20, 2020 Appendix GR-01 60 00 Product Requirements Attachment A TPW Approved Products END OF SECTION 00 42 43 DAP - BID PROPOSAL Page 1 of 2 1 0241.0100 REMOVE SIDEWALK 02 41 13 SF 185 $2.70 $499.50 2 0241.1000 REMOVE CONC PVMT 02 41 15 SY 32 $101.56 $3,249.92 3 0241.1118 4"-12" PRESSURE PLUG 02 41 14 EA 1 $500.00 $500.00 4 3201.0656 CONC PVMT REPAIR, ARTERIAL 32 01 29 SY 32 $117.19 $3,750.08 5 3213.0301 4" CONC. SIDEWALK 32 13 20 SF 185 $6.76 $1,250.60 6 3292.0101 UTILITY SERVICE RESTORATION SODDING 32 92 13 SY 15 $56.67 $850.05 7 3311.0161 6" PVC WATER PIPE 33 11 12 LF 7 $121.43 $850.01 8 3311.0261 8" PVC WATER PIPE 33 11 12 LF 65 $91.54 $5,950.10 9 3312.0001 FIRE HYDRANT 33 12 40 EA 1 $5,000.00 $5,000.00 10 3312.0117 CONNECTION TO EXISTING 12" WATER MAIN 33 12 25 EA 1 $1,500.00 $1,500.00 11 3312.2003 1" WATER SERVICE 33 12 10 EA 1 $2,950.00 $2,950.00 12 3312.2203 2" WATER SERVICE 33 12 10 EA 1 $4,950.00 $4,950.00 13 3312.3002 6" GATE VALVE 33 12 20 EA 1 $2,000.00 $2,000.00 14 3312.3003 8" GATE VALVE 33 12 20 EA 1 $3,000.00 $3,000.00 1 0241.0100 REMOVE SIDEWALK 02 41 13 SF 185 $2.70 $499.50 2 0241.1000 REMOVE CONC PVMT 02 41 15 SY 32 $101.56 $3,249.92 3 0241.1118 4-12" PLUG 02 41 14 EA 2 $250.00 $500.00 4 0241.2012 REMOVE 6" SEWER LINE 02 41 14 LF 38 $26.53 $1,008.14 5 3201.0656 CONC PVMT REPAIR, ARTERIAL 32 01 29 SY 32 $117.19 $3,750.08 6 3213.0301 4" CONC. SIDEWALK 32 13 20 SF 185 $6.76 $1,250.60 7 3292.0101 UTILITY SERVICE RESTORATION SODDING 32 92 13 SY 15 $56.67 $850.05 8 3301.0002 POST CCTV INSPECTION 33 01 31 LF 279 $3.00 $837.00 9 3301.0101 MANHOLE VACUUM TESTING 33 01 30 EA 4 $220.00 $880.00 10 3305.0109 TRENCH SAFETY 33 05 10 LF 279 $2.00 $558.00 11 3305.0112 CONCRETE COLLAR 33 05 17 EA 3 $150.00 $450.00 12 3331.4108 6" SEWER PIPE 33 11 10 LF 7 $144.57 $1,011.99 13 3331.4115 8" SEWER PIPE 33 31 20 LF 252 $113.10 $28,501.20 14 3331.4116 8" SEWER PIPE, CSS BACKFILL 33 31 20 LF 20 $25.00 $500.00 15 3339.1001 4' MANHOLE 33 39 20 EA 3 $10,750.00 $32,250.00 This Bid is submitted by the entity named below: BIDDER: Xterra Siteworks, LLC BY: PW001614 817-245-5013 TITLE: DATE: END OF SECTION Bid Quantity Unit Price Bid Value TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $76,096.48 UNIT II: SANITARY SEWER IMPROVEMENTS TOTAL UNIT I: WATER IMPROVEMENTS $36,300.26 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Specification Section No. Bidlist Item No. Unit of Measure CONTRACT commences to run as provided in the General Conditions. UNIT I: WATER IMPROVEMENTS UNIT I: WATER IMPROVEMENTS Bidder's ProposalProject Item Information Description 3/19/2025 Manager Contractor agrees to complete WORK for FINAL ACCEPTANCE within 30 working days after the date when the Jeff Edgar Bid Summary $36,300.26 $112,396.74Total Construction Bid UNIT II: SANITARY SEWER IMPROVEMENTS $76,096.48 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43 Bid Proposal Form 6"/8" water 8"/6" sewer open cut only open cut only ooa�zs-i CONTRACT�R COMPLIANCE WI7H WQRKER`5 COMPEN5AT10N LAW Page 9 of 1 � 2 3 4 5 6 7 SECTION 00 45 2G CON7RACTOR COMPLIANCE WITH WORKER'S COMPENSATIDN LAW Pursuant to Texas l,abor Code Sec#ion 406.096(a), as amended, Contractor certifies that it pravides worker's compensatifln insurance coverage for alE of its employees emplayed on City Project I�o. 9D5829. Contrac#or further certifies that, pursuant to Texas Labor Code, Saction 406.09�(b), as amended, it will provide to City its subcontractor's cer#ificates vf compliance with worker's compensation coverage. 8 CONTRACTOR: � �'�'�'��n �►�iruWilS 10 1 'I 72 13 14 15 1C 17 18 19 20 2'i 22 23 24 25 �s 27 28 29 30 31 32 33 34 Company �'1 �a"1 C7 lCell+r �,}ila5 � �C 1l� Address � � '�'�c� �ib��'i1 CitylState/Zip TH E STA7E OF TEXAS § gy: ��-� �� (PLease Print} Signatur • � _� Title: .1'�i (�lll�'C��iZ- (Please Print} . .. , ,.,...,,.._ _. . ... t �''�,. .. : h AI�lTHOt�Y TQDD k441►fSAfiD COUNTY OF TARRANT § � {��'_ . ��,�� �� ���� �SEFORE ME, the undersigned authority, on this d' , 'S=� £3t..rl . known to me to be the person whase name is subscribed ta the foregoing instrument, end acknowledged to me that he/she executed the same as the act and deed of ��rrw i N'oH +s+14 farthe purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAfrID AND SEAL OF t]FFICEthis ��� day of �lsr�+,�.�.1 , 20"Z� -1. otary Public in and for the State of Texas END �'JP SECTION CfTY OF FORT WORTH STANDAR� CONS7RUCT{4N SPECIFICATIOfV DdCUMENTS Revised July 1, 2071 McPherson CrossingLot 18, Block i CPN: i05829 (30) working 6Q5243-2 DeveloperAwarded PrnjectAgresment Page 2 of 6 26 3.3 Liquidated damages 27 28 29 30 31 32 33 34 35 36 37 Cantractor recognizes that time is of the essence of this Agreement and that Developer wili suifer financiat loss if the Work 9s not completed within the times specified in Paragraph 3.2 abave, plus any extension thereof allowed in �ccardance with Articfe 10 of the Standard City Canditions ot the Canstruction Contract for Developer Awarded Projects. The Contractor alsa recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss. suffered by the Developer if the Wqrk is not campleted on time. Accordingly, instead of requiring any such proof , Contractvr agrees that as Liquidated damages for deiay (but not as a penalty), Contractor sh�ll pay developer zeC� Dollars ($0 �Q) for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final [.etter of Acceptance. 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractar fiar perFarmance of the Work in accordance with the 40 Contract Documents an amountin curren#funds of 41 _ .Dollars ($ $112,396.74 _J. 42 43 44 45 4$ 47 4S 49 50 5'1 52 53 Articie 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The ConCract Docurnents which comprise the entire agreement between E3eveloper and Contraetor concerning the Wark cansist of the following: 1. ThisAgreement. 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) �) Proposal Farm (DAP Version) 2) Prequalification Statement 3� State and �ederal documents (prajectspecificJ b. InsuranceACURD Form{s) c. Payment Bond (DAP Version) �4 d. Per€ormance Bond {DAP Version) CITY OF FOR7WORTH McPhersorr Crossi�gLot 48, 8tock 1 STANDARD CONSTfiUCTfON SPECIFICA7ION pOCUMENTS—DEVELOPER AWARDED PfiOlECTS CPP1:705829 Revised lune 16, 2076 005243-3 Devei�per Awarded Project qgreement Page 3 of 6 55 56 57 58 59 60 6'� e. Maintenance Bond (DAP Version) f. Power of Attorney for the Bonds g. Worker's Campensation Affidavit h. MBE and/or SBE Comrrritment Farm {If required) 3. Standard City General Conditions af the Construction Contract for Developer Awarded prajects. 4. .Supplementary Conditions. 62 5. Specificatians specifically made a part of the Co�tract Documents by 63 attachment or, if not attached, as incorporated by reference and described in 64 the Table of Contents of the Project's Contract Documents. 65 6. Drawings. .. 67 68 69 70 79 72 73 74 75 76 7. Addenda.. 8. Documentaiian submitted by Contractor prior to Notice of Award. 9. The fallawing which may be delivered or issued after the �fFective Date of the Agreement and, if issued, become an incarparated part of the Contract Documents: a. Notice to Proceed, b. Field Orders. c. Change Orders. d. Letter pf F'inaf Acceptance. CfTY O� FOR7 WORTH McPharson CrossingLot 18, Btock 1 STANDARD C�NSTRUCTION SPECIFICATION DQCUMENTS— DEVELaPER AWARDED PROIEC7$ CPfd:105829 Revised June 76, 2416 0o sz as -a DevelaperAwarded ProjectAgreement Page 4 of 6 77 Article 6. INDEMNIFlCATION 78 6.1 Can#ractor covenants and agrees ta indemnify, hold harmless and defend, at i#s 79 own expense, the city, i#s officers, servants and emplayees, from and against any 80 and all ctairns arising out of, or alleged to arise aut of, the work and services to be 81 performed by the c�nfirac#or, its officers, agents, employees, subcontractors, $2 Licenses or invitees under this contract. 1hj� indemnifi�ation provic�nn ;S 83 � eu cifically int�nded to �nerate and 6a Aifective �,ven if ii is alleged or roven tha $4 �IL or some af the damages bein� sougi�t we_ re c-�used. in w o' b 85 ac , omission or neg ��ts3ner+, nf tha ���., Tttes indemnity provisian is in#ended to 86 include, withaut Limitatian, ie�dernnity for costs, expenses and 1e�at fees incurred $7 by the city in defending against such claims and causes of actians. 8$ 89 6.2 Contrac#or cavenants and agrees te inderrtr�ify and hald harmless, at its awn 9U expense, the city, its officers, senrants and employees, from and against any and 91 all loss, damage or destruction af praperty of the ciiy, arising out of, or alleged ta 92 arise out af, the work and ser►rices to be performsd by the contraotor, its officers, 93 agents, employees, subcontractars, licensees or invitees under this cantract. 94 Thi�' ..�j�nificatian oro�ision is �cifically intended to ap�ate and be effecti►rg 95 even if i# i le�ed or �ven that ��r sorne of the darn�� a ei��r saug t were 98 �used, in whole or in par�_ �y► any act_ �jssion ar n��ice of the cityZ 97 9$ Article 7. MISCELLANEOUS 99 7.1 7erms. 100 Terms used in this Agreement are defined in ArticLe 1 of the Standard City Conditions '101 of the Constructian Contrac# for Developer Awarded Projects. 102 7.2 Assignment of Contracfi. 103 This Agreement, inciuding all ot the Cont�act Documents rrtay not be assigned bythe 104 Contractor withaut the advanced express written consent of the Developer. i.IM pF FORTWORTH McAhe�son CrossingLot 78, Block t 5TAND,qRD CONSTRUCTtQN SPECiFICATION DOCUMENTS -DEVELOPER AWARDED PRQIECTS CPN:105829 Revised June 1fi, 2016 005243-5 Deve[operAwarded ProjectAgreement Paga 5 of $ 1 Q5 7.3 Successor's and Assigns. 't Ofi DevelQper and Contraator each binds itself, its partners, successors, assigns and 107 [egat representatives to the athar party hereto, in respect to al! cavenants, 10$ agreements and obligati�ns contained in the Contract Documents. '! 09► 7.4 Severabitity. 1 i 0 Any provision �r part of the Contract Docurrients held to be unconstitutianal, vaid or 119 unenforceable by a caurt of campetent jurisdiction shall be deemed stricken, and a[l 112 rernaining provisions shall continue to be valid and binding upan DEVELOPER and '� 13 C�NTPYACTpR. 114 7.5 Governing Lawand Venue. 115 This Agreement, including all of the Cnntract Docurnents is perfarmable in the State 'i 16 of Texas. Venue shall be Tarrant Caunty, Texas, ar the United States Qistrict Court for 717 the Narthern District of Texas, Fort Warth Division. 118 119 7.6 Authorityto Sign. 12Q Contractor shal[ atCach evidence of authority to sign Agresment, if other than duly 121 authorized signatory of the Contractor. '122 '123 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in 124 multiple caunterparts. 125 126 This Agreement is effective as of the last date signed by the Parties ("Effective 127 Date"}. 928 Contractor: �R Developer: � CffY OF FORT WOR7H McPherson CrossingLot ?8, Block 1 STANDARL3 CQNSTRUCT{ON SPEClFICATION DOCUMEPl7S — DEVELOP�R AWARD�D ?ROIECTS CPN:105829 Revfsed Juna 16, 207fi oas2as-s Developer Awsrded Project Agreement Page 6 af 6 'I 29 By: �� {S ture) ���' �ian�i2 {Printed Name) Title: c�Y� Carnpany Name: �-.��,. s �.�-d�� Address: ��1: C,.�'t'Tr �� �i (Signature) �� r� G��`7 � � (Printed Name} Title: 3� �� �il�v1 L�-t -� �I McPherson Holding� LLC Address: �r�� ����� r-�:��s G�, �t-�� zs"1 � ���1�-�_ � � U�i 5��� �� I� ���"S� .�762''ri-� City/State/Zip: Date � r /�a�' � CitY�:�e�,�.,1 �.l�r �� ��o (�� � Il]�������� Date CITY p� FORT WORTH MCPherson CrossingLot 1B, 81ock ? STANDARD CQhISTRUCTION SPECIFICATION DOCUMfNTS—DEVELOPERAWARDED PROJECTS CPN;105829 Revised June 15, 2616 Policy Number: MGL0201811 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name of Person(s) or Organization(s): All persons or organizations where required by written contract, signed by both parties prior to the date of an "occurrence" or offense. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 O Insurance Services Office, Inc., 2018 Page 1 of 1 Insured Policy Number: MGL0201811 Mt. Hawley Insurance Company 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: All persons or organizations where required by written contract, signed by both parties prior to the date of an "occurrence" or offense. All Locations 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 in- not be broader than that which you are required clude as an additional insured the person(s) or organi- by the contract or agreement to provide for such zation(s) shown in the Schedule, but only with respect additional insured. to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or B. With respect to the insurance afforded to these in part, by: additional insureds, the following additional exclusions apply: 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) designated above. However: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or re- pairs) to be performed by or on behalf of the addi- tional insured(s) at the location of the covered operations has been completed; or 1. The insurance afforded to such additional insured 2. That portion of "your work" out of which the injury only applies to the extent permitted by law; and or damage arises has been put to its intended use by any person or organization other than another 2. If coverage provided to the additional insured is contractor or subcontractor engaged in performing required by a contract or agreement, the in- operations for a principal as a part of the same surance afforded to such additional insured will project. CG 20 10 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 2 Insured C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 04 13 O Insurance Services Office, Inc., 2012 Page 2 of 2 Insured Policy Number: MGL0201811 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) All persons or organizations where required by written All Locations contract, signed by both parties prior to the date of an "occurrence" or offense. Location and Description of Completed Operations 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" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is re- quired by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- This endorsement shall not increase the applicable ance afforded to such additional insured will not Limits of Insurance shown in the Declarations. not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 1 Insured Policy Number: MGL0201811 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY CONTRACTORS SPECIAL FORM The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured scheduled below for your ongoing operations under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and: (2) You have agreed in writing in a contract or agreement, signed by both parties prior to the date of "occurrence" or offense, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) And Location(s) Of Covered Operations All persons or organizations where required by written contract, signed by both parties prior to the date of an "occurrence" or offense. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. CGL 473 (03/16) Contains copyrighted material of Insurance Services Office, Inc. Page 1 of 1 Insured THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form HA 99 16 12 21 Page 1 of 5 © 2021, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED Paragraph .1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add the following: d. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. e. Employees as Insureds (1). Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. f. Lessors as Insureds (1). The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (a) The agreement requires you to provide direct primary insurance for the lessor and (b) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. g. Additional Insured if Required by Contract (1) When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (a) During the policy period, and (b) Subsequent to the execution of such written contract, and Policy #46UENBJ5UK7 Page 2 of 5 Form HA 99 16 12 21 (c) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS – OF SECTION IV – BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. 2. Primary and Non-Contributory if Required by Contract Only with respect to insurance provided to an additional insured in A.1.g. - Additional Insured If Required by Contract, the following provisions apply: (1) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (2) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (1)and (2)do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in SECTION IV- Business Auto Conditions, B. General Conditions, Other Insurance 5.d. 3. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The SECTION IV- Business Auto Conditions, B. General Conditions, 5. OTHER INSURANCE Condition is amended by adding the following: e. If an "employee’s" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee’s" personal insurance. 4. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers ' compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance. Form HA 99 16 12 21 Page 3 of 5 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 6. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 7. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 8. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 9. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c.and 4.d.do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b. Section III, Physical Damage Coverage, Limit of Insurance, Paragraph C.2. is amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. Page 4 of 5 Form HA 99 16 12 21 c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 10. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 11. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 12. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 13. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 15. HIRED AUTO - COVERAGE TERRITORY SECTION IV, BUSINESS AUTO CONDITIONS, PARAGRAPH B. GENERAL CONDITIONS, 7. - POLICY PERIOD, COVERAGE TERRITORY - is added to include the following: (6) For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 16. WAIVER OF SUBROGATION Paragraph 5. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS A. Loss Conditions is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 17. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS, C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 18. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 19. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non-hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non-hybrid" auto’s actual cash value or replacement cost, whichever is less, Form HA 99 16 12 21 Page 5 of 5 b. The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a. A "non-hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b. A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 20. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. �� O � � � utua WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 4Z O3 O4 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 2/11/25 at 12:01 a.m. standard time, forms a part of: Policy no. 0002073870 of Texas Mutual Insurance Company effective on 2/11/25 Issued to: CASTLE DEVELOPMENT GROUP INC NCCI Carrier Code: 29939 This is not a bill .�lY�.� �� Authorized representative 2/7/25 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com �(800) 859-5995 � Fax (800) 359-0650 WC 42 03 04 B Bond Nuznber: CE 12438200116 1 2 3 4 5 B 7 8 9 �a 1'i 12 '� 3 14 15 16 17 S�C�ION 88 �214 PAYM�NT BDND TH� STA'iE ��TFJCAS � OOG214-i PAYMEN7BOND Pege 7 atS � KNO'W ALI� BY THES� IPRESENTS: CC3UN"�'Y 0� TARRANI � ihat we, XTERRA STTEWORKS, I,LC , known as "Princ��aal" herain, and ��z�adelphia lndert�nity Insurance Company �� o�rporate surety {�r sureties i# rnore thgn afie], duky author+zed ta da businass in the 5tat�a of Tsxas, knawn as "Surety" herein (whether ar�� or mare), are hetc# �nd #irrnty baund unto the Der€eloper,I �M�� Frer�on Halding& �� aut�r�rized to da buainess in Tsxas "(Develuper"j, and the City c�f Fart Worth� a T+�xa� municlpal corp4r,ation ("City"J, ir� the p�n�l surr� Dne Hundred Twel�e Thousand Three Hundred �] 12,397.40 pf Ninetv-Seven and OQI100 i7oli�r& $ 1, lawfU! money of the uni�ed Sta�es, t+a be �aid in Fnrt Warth� %rrant �ounty, Texas, for the payment o� which eum welE and trt�ly h� m�t�e jaintly unt� the Devei�pst' �nd the Gity es duai abtige�s, we bin� ourse[ves. raur heirs, exe�u#ors� administrators, success�rs �nd assfgns, jointly artd severally. firmly by these preser�ts: 18 WHER�AS� Developer gnd Ci#y haue entered int� en Agresment for the construatian 19 of comrrtunity faci�ities in the City of Fort Wcsrth. by and thraugh � Camr�nunity Facili�ies Zt} Agr�ement, C�A Numb�r �FA�5�0041 ;�ncf �� 22 23 24 25 2fi WHEREAS, Prinalpal h�a entered inta a certain vurittar� Ccrntraat with aeve[aper, aw�rcied t#re 3rd day af April , 24 2� ,+nrhich Cor�treot is hereby rgferrerl to end made a part here�s�f fvr att purqosas as if fiutly �et forth herein, to furnish �l1 materi�ls, aquiprraent, l�bar and other accessories as defined by law, in the prosecutian af the �1lfork as pmvided f�r In said Cantract �nd designated as HeerE a# the Ran�h �- C�ear#ark Ad€lition. 29 NOW, TN�R��t}RE, THE CON�ITI�N OF THlS �81.IGATI4N is suah tl�at if Principal 28 shall pay all monie� awing to �ny (and �tlj payment bnnd benafFciary [as defined in Ghapter CITY OF FORT WpRTH STR14iDAR0 CfTY CdNnITIONS — DEIISLC3P�R kWARDER PRd.EECiS R9Yiaed J�aftu8ry 3'!, 2012 McPherson GroSsing'Lnt 78, 8ta�k'i CR�f:7 pS828 i ,, � Q06z�9-2 PAYMENTBONb Page 2 af 3 PRINCIPAL: XTERR.A SITEWORKS, LLC ATTEST: BY.�� � Signature 1 2253 nf the%xas Gt�uernment Gode, as amended) ir� the prgs8cutlon nft�e Wark under #he 2 Contrac#, then this obliga�ion shali be and b�came n�l� and vnid; athar+nrise to rew�ain i� fuli 3 for�e and eff�c-�. 4 This bond is m�de and execu#ed in cnrnpti�nce with the pr�viaions a# Ch�pter 22a3 5 �t the Texas Gaaernmer�t Cnde, as amer�c�ed, and all liabititi�s on th'ts bond sh�lL be � determirted in accardanas with the provisior�s nf s�id statute. 7 IN WITN�SS WHERE�F, the Pr(ncipat arrd 5�rety hawa ea�h SIG1�4Ei� and SEAI.EE) $ Ch�is instrument by duly authoriZed agents and affic�rs on chis the 2n� day of g September � �p 25 10 �'"�.,�- �� � tPrineipal) Secretary � � Witness as to Principal � ��E ��,.a , ��in�r�� , Name �nd Title Add ress: 13 �Ofl US �iW"� 287 STE 134 Has�et, Texas 760�2 , CITY �F �Oi�`f Wt7RTH McPhersan Cressing Lat 7B, 8tock 9 STANtiARO C17Y CC3NOETiQNS— 0£4{ELOFERAWAfiflED PRCII�GT9 CPh1:70582¢ �iaviaed J9nuery 37, 2tl't2 �� . � Ao�2�a-x �nYMer�rsoraQ Page 3 of 3 su�i��v: Ph iladelp�ia lndemnity Insurance Cozxxpany AT�5T: � � � (S�r�tiyj Secretary � � �� Vllixness as ta Surety � -^ F BY: �� _ .�. . , , � �., _ .�... . � � 8i�nature _ . " , Sharii Ismail, Attorney-In-Fact, `- `.,. � �: ,� , Name and Tikte Address: One Sala Piaza> Suite 100 Bala Cynwyd> �'A 19004-0950 Te�ephone Number: i888) 321-�713 "! 2 Note: {f signed by an aificqr of the Surety, ther� must be on fi[e a certifiec! sxiract 3 from the byt�ws showing that #his persan has authority to sF�n such ot�ligatibn. If 4 Surety's physical address fs different fram its mailing address, hnth m�st be 5 pravided. 6 7 Th� date of the bn�d shall not b� prior ta �he date #he Contr�ct is �ward�d. 8 �7 END UF SECT'ION CIN OF Ft3RT WORiH STANDARCi CIIY GQN�ITiQNS - aEVELC]PLI{ AWAfiQ� PFiD1ECC� Revised Jenuery3l, 2012 h'rcPherson qrassrng Lot iB, Btack 7 CPN,rt06825 �� Bond # CE 1243$2001t6 PH�Lr�pELPIiIA INDEib1IVT'I'Y CNS[IRAIVC`E COMPANY One Ba1a Plaza, Suite i OQ Hata Cynwyd, PA 14004-0950 Power of Attorney KNQW ALL PECt50N8 BY THESE PRESEiVTS: That PIiTLApELPHIA iNDEMNITY INSURANC� COMPANY (che Company}, a cor�oration organized and exisEing undar the ]aws of the Coritmonwealth pf Pennsylvanian does hereby consti#ute and appoint RaEf Rieo and Sh�rif Ismail oF3BX�'RSS. CNC. DBA BONDSEXPRESS SIlRETY AND IIVSiIRANCE AGEiVCY its true and iawtuf Attor�ey-in-fact with fuli authority to axecute on its behaff6onds, undarta3cings, recognizances and other contracts of indemniry and writings obligatory in the nature thereot; issued in ti�se course of its business and to bind the Company thereby, in an atnount nof ta exceed �50.OUO.00D. 7i3is Ppwer of Attomey is granted and is signerf and sesled hy facsimile under and by the aE�tizority of the fo!]owing Aesvlution adopEed by the Board oF Directors of PHILA�ELPHIA [I*IDEMNIT'Y [NSUiL41�iCE C�MPANY on the l4'" oFlVovember 2016. RESOL'V�D: Thaf the Soard oF Direotors hereby authorizes the President or any Vice Aresident of Che Company: (1) Appoinf Attarney(s) in Pact and authorize the Attorney{s) in Paet to execuce on behaif of the Campany bonds arEd undertakings, contraots of indemnity and nther writings nbligatary in il�e nateve ihereof and to attach the sea] of the Company thereto; and (2) to remove, at any Eime, any such Atton�ey-in-Eact And revoke the authorihy givcn. And, be iS FUIiTEIER RESOLVED: That the signatures of such officers and the seaf of the Cp�npany mt►y be affixed tn any such Power of Attorney or certificate re�ating thereto by facsimile, and any such Pnwer ot Attomay so executed and ce�tified by facsimiie sigj�atures and facsimile seai sha11 be �alid and binding upan ttte Campany in the future with respeet to any band or undertaking ta whic� it is attached. IN T�5TIMONY WHEREOF, PHILAp�i,PHiA tiVpEMNiTY INSEJRANCE COMPANY HAS CAUSED THIS iNSTRiJMBNT 3'O BE SIGNHD AND ITS CORPORATE S6ALT0 BE AFFE�B� HY fT5 AUTHORIZED O�'FICE TH[S STH DAY QF OCTOBER 2d24. ($N&i� . � .���,����„ ,���,. ���"# --r�v- r.�,1 s '..=�;���c� � A�l� ^ `, '�F L V�, ;,:6�ea5.;�;.�-; u��� , ., � ��=�:;s �{3 �r�C3733$, ��Si�4�4ii � �,`�C� _ Phifadelphia lnde�nniry Insurance Company On this 5'h day offlctober, 2024 l�efore me came the individual who executed the preceding instrument, to me personally known, and being 6y me duly sworn said that he is the tharein described and sufhorized officer of the pAILA,AELPHIA I]VDEMNITY 11�iSURANCE COMPANY; that the seai affixed to said instrument is the Corporate sea] of said Company; that the said Corporate Seal and his signature were duly affixed. ��� ��������� u��� �s 1����censi�. N���t�°�� ���ao��a� �GammEt�tr��+�p�rB�N�mt�:�,2Q�$ . Cr�mm�sai�nn�r ����9� �A�etAl�r, po��!ivai+_a As�n�hfinn4f ivainr�a��. [Jotary Pubfie: residing at: My commission expires; '�fix��.� � �=��.�.�.�:.� BaEa Cynwyd, PA Novembar 3, 2Q26 �, Edward Sayago, Corporate Sacretary of PHILADELPH]A jND�tvIN1TY iN5URA3�iCE COMPANY, do hereby certiiy that #lie faregoing resolution ofthe Board of I]irectors and the Aower of Attamey issued pursuant thereto on fhe 5�' day Qetober 2a24 are true and correet and sre stil] in tull forae and efFect, � do further certify thut Jahn Glamb,, y�chu-exect4ted the Pawer pf Attomcy as Fresident. wa5 on the date oi execution of the attached Power of Attomey the duly eleoted President of PHILAD�LPH.A ii�ID�PeINiTY IN5URA3VCE C4MPANY. In Testis�ton� GVhereof.,� iaave'�uUsG�ibed my nasne and ai�"ixed thc faosimile seak of each Company lhis �nd day of 5sotemUer 2025 , �,t,sx." � 11,x � ����'�`""',,.r` "`. ��.d� - ,s ,. .. .� �'!,!. �F , °>�';�� � r ,;t;��,:, ' � �p�,xk,���# � Edward Sayagv, Corporate Secraiary PI-C�LAUELPT-TIA TNDEI171�1TY [NSURANC� C()MPANY . Bond Number: CE 12438200116 00 8219 - 4 PERFQRMAh1C� BQND Pega t of 4 � 2 � 4 5 6 7 8 9 �U '� 1 'I 2 �� 14 '� 5 1fi 17 s��riv� oa� r� 1 s PEI�FC3RM3ANCE BflNC] THE S�ATE O� T�(A� ! # KNQW �iLL �YTHESE PR�SENTS: CDUN'!'Y OFTARRAf�T � ����,N�,� XTERRA SITEWORKS, LLC . kn�wrs as "Prinaipal" herei� and P�iladelphia lndernnitv Insurance Co�n�anv , a cc�rpQrate surety(sureties, if rnora than onej duly authorized ta c!o �usiness in the gtate o# Tsxas, known �s "Sureryii herein (vv#�ethet� ane ar more}, are held and firrnly baund unto the Develc�per,{�c�hersvn ito�ainDs u.�) utharizad tc do business in Texes {"Developer"� and ttte City t�f Fort Warth, a T�x�s municip$L cqrpore#it►n t�•CE#y»�, in the pertalsurn of, One Hundred Twelve ThoEzsand Three Hundred Ninety- j 12 3� 7.00 Seven and 001100 �C1ll�P$ f� � �, �84VfUl nnoteey af the United States, to he paid in �or� INorth, Ta�rant County, �exas #ar the payment ofi wh{ch sum wetl and #ruly ta be mecfe jaintLy unto the D�r�el�per ans� the City as dual obligees, we bind aurselvea, aur heirs, executars, administratars, �uccsssors anc{ ass�gns, ��intty An� s�verally, firrr►Ly b+�r thes� presents. 18 WH�RE,AS� Develaper and City have ent�rect ir�tn an Agreement for the cflnstructivn 'I S o� c�mrr�unity faci�ities in the City af �ort Worth by and throu�h a Communfty Facilittes 2(3 Agreement, CFA Num6er �CFA25-i�041 ;and 21 2� 23 24 25 2fa 27 2$ WH�RBAS, the Principal has entered inio a certain written c�ntract with the f)eveloper awarded th� 3rd day of Avril , 2{i2�, which �or�tract is here#ay referred to ant� made a part hereaf for att p�arpaaes as if fully set forti� �erein, to furnish all materials, �quipmewet labar and ath�r ��cessc�ries defined hy law, in tfis �ro�a�cutinn afth� Wc�rlc, inctuding any Change �rders, as prov�dari for in said Contract desigriated �s Heart af the f�anch - Cl�arfork Additian. N4W,THER��aRE, the �onditinr� af tteis obligatian is su�h tfi�t ifithe saie! Prirrci�sat shall fiai�hfully per�orm it rsbiigatir�ns under the Contract snei shall in a[l respects du[y and CIT! OF F'OFi7 WOFiTIi 5TAMkDRRD �ITY CdN�IT[f7HS - DEVELOPER AWARbEU pRqJ�GTS Reuiacd lanuary 31, 2012 lNCAh6rson Crvssinglnt 1Q 81pc�e 4 CPNf,105829 } , � � 2 3 4 5 Qos�.rts•x PEFiFL7Ri+'fANCE BOND Page 2 of � faithfutly perForm the Wark, in�luding Gh�nge Clyders, under the �ontract, accc�rding t� ihe plsns, specifica�inns, end contract do�uments therein referred ta, �nd as �+velt d�ring any psrind af extension of the Car�tract tha# may �ie granted on �ha pari of th�e Devair�per andlar Gi�jr, then this oblig�ti�n �hatl be ar�d become null and vaid, otherwise ta remain in fufi fQrce and effect. 6 PROVID�C� FtJRT�IERi xl1�t lf 211y Lg�,Ci1 ��',klAit bE! fi[Bd Oli th[S Bt?1ttt, �enue shallli� in 7 Tarrant Caunty, Texas or #he Uni�ed States District Caurt for #he Narthern District af Texas, $ Fart Warth Dlvision. 9 This bund is r�ade and sxecutec� in compLE�r�ce with the p�ov�sians of Chapter 2253 10 nf the Texea �a�a�'nment Code, as amand�rl, and ati li�F�ifities on th�s ta�ntl shalt be 11 deterr�inec# in accvrdanoe with the prQvisitins csf said s#�tus. 12 1� 94 1� 16 17 78 18 2� 21 �2 23 �� 25 26 27 IN WI7'NESS WHEREt3F, the Principaland the Surety have SiGNED and SEAL�p tnis instrument by ctuly authariz�d agents ar�d officers �t� this the �n� day rafi Septem6er 2� 2S , . PRfiVCIPAI: XTERRA SITEWORKS, LLC � ��� �d�� BY: � s Signature A E T: CI'�'+F OF FO[i.T WORTH STANDA1tq CITY C�NdITkDfV3 - OEVEI�PER Q1NAFIE]El] PROJECTS Revised ,lanuary 31, 2092 McAhersar+ Crasstng 1.at 1B, &ock 1 CpN:h 058�8 Q r 4a6213-9 PEftFORMANCE �IpNR Page 3 af 4 7 � _ .._,....,� � ��� C ��� r p� bt`a�, 3 4 (l�rincip�lj Secretary 5 6 7 B � 1Q 1 'f �E2 - --- - ---� i� W�tnes� as to Principat 14 15 16 17 1$ 19 20 _ �I z� � z2 � �3 24 25 26 �7 �8 _ �1TY �DF FORT Wf]RTW STAiVDA#i0 CtTY CflN13fTIONS — CYEV@lflPER RVIIARDEA Pfii�JECT5 Aevisec! January 31, 2012 Alame a�d i'itle A�dress: 131E}Q US �IWY 287 5TE 134 Haslet, Texas 76052 SUR�"fY: Phi�adelpk�ia lndemniry Insurance Company � _. . �: �� �- - � �,:� ., ., - "` � '" � ev: � _ - 5ignature Sharif Ismail, Attorney-In-Fact MuAherson C�osslrtg�ot i8, Black'1 CP�1:1 L1582$ i i i �I � k �D8�13-4 PERFCfiiNfANCE S�SND Page 4 of d � Nam� and TFtie 2 3 Address: 4 5 � One Bala Plaza, Suite lOQ 7 g - � Bala Cynwyd, PA 19Q04-0950 9 '� Q Witness as to �u�ety Telephone Number: fi � (888} 321-47I3 12 13 14 15 *f�ate: If slgned by an afficer af the Sur�ty Gompany, there must be on file a 1 B certifiec� extract from th� by-laws showing that this persan has s�atharity #o 17 sign such obligatior�. 1f Surety'S �3FI�ISICBL SdC�f�55 is diffe�ent fram its 'f 8 m�ilin� eddress, both must E��e prc�vided. 19 2Q The rJ�te af the bond st�all r�ot be pri�ar to the date tl�e �or�#ract is �warded. 21 GIT'i' OF FORT YtifC3RiMt M�Pherson Crassingl.ot 18, Btack l STANE]RRb CITY CDNDITfONS — LTEVELOPERAVI{ARDEC3 PFlC}J �C7S CP�1:106829 Revlsed Jenuery 31, 2dt2 Bond # CE 12h3820011b PHIL.ADELPHIA INDEMNITX [I�S[IAANCE CO&�PANY �ne Sala Piaza, Suite 140 Bala Cynvryd, AA t 9004-D950 Ppwer of t#ttorney I�N�W ALL PERSOI+�S B'Y THESE P[tE3EIVTS: '1'hat P�l[LADELP[i�A L1�IDEMIYiTY I]VSURANCE C()MPtl14Y (the Cnmpany), A corpuration organized and existing under the laws of the Commanwealth of Pennsylvania, doas hereby constikute and appoint Rxlf Riea and Sharif ]smeil of SBXPRS3. INC. DBA, BONDSE7tPRESS SlIRE1`Y AI�D ItVSUFlANCE AGENCY its #rue and lawful Attomsy-in-fact with full authoriiy to axecute on its baha]f bunds, �ndertakings, recognizances and other cpntracts af indemnity and writings obli�atory in fhe namre thereaf, issued in l9te course of i#s business and to bind [he Cnmpany thereby, in an amount not ta exceed 550.000.{100. This Power of Attomey is $rante� �nd is signed and sealed by facsimile �nder and by the auYhority af Ehe following k�esnl�tian adopted by fhe [ioard of Directors of PHILAI7EL.PHiA ]NDEMNI'�Y INSURANCE COMPANY on the 14`a af Nove�nber 2D15. RESOLVED: That the Board of Directars hereby authorizes the President or any Vice President nF the Company: (1) AppoinY Attomey(s) in Fact and aut3torize ihe Attorney(s) in Fact to exeCuta nn behalf nf the Cnrnp�ry bonds and �ndertafcings, eontracts of indemnity and ather writings obligatory i� the neture thereof and to attach the seal af the Company thereta; and {2} to remave, at any #iine, auy s�ch Afinrney-m-Pact and revake Ehe authority given. And, he ii i�'iIRTHER RESOLVE�: That the signatures oF such officers and the sea[ nF the Company may 6e affixed to any suoh Power of Attorney oe certifecata reladng ►}3ereto by facsimile, and any such Power af Attarney so �ecuted and certefied by facsimite signatures and facsimile seal sha11 ba valid �nd binding upon the Company in the future wit�t respect to any 6ond or undertaking Yo which it is a#tachad. I[V TESTIMONY' WHEREOF, P�7ILADELPHIA 1NDEMNITY f�fSURANCB COIvIPANY �[A5 CAUSED THIS INSi'RUMENT 'T'O gE SIGNEQ AND ETS CORPORATE SEALTO B& AFFIJ{�D BY ITS A[J77�ORIZED OFF'ICE iHiS STI-a �AX QF dC"1"OBER 2024. , � �.SB8��1� ,..�.�,,.:a-,<,.� , °o-E�;��" ��e �'� �`:,' �'�� > _ . �y�_ �; � .�, :.�>�`,��-'� _ .. '.�'.,�_�, �„ziw,'�'r"�r�.Y�,� .,, _ a.i�.. � ,.ksn^�;��r _.. .. .- �Uk4. �it�,Clfli�'/;, .�CiS:.EG�Ci�� � ��� � Ph7adalphia lndemnity Insuranne Company On this 5'�' day of �:.tnber;,2#,Y�4laefore mc ea3ne the endividusl who executed the preceding insfrument, ta me personally knavtni, aiid being by ene duEy swom said thaY he is the therein desorihe¢.anH author€zed o�cer of the PH1I.ADELPHIA INDEMNITY tNSURANCE COMPAA'Y; that the seal affixed to said instrument is the Corporafe seal af said Company; that the said Corporate 5ea1 ar�d his signaii��e were duly atfixed. ,., ..,.,�. � �01�,Nt�AYfDYtthh C� RAnitSjfl4in�� 3�liAtY SeAI. �annss&�k6n�ie�� NQt�ryP�i� pelaw�w �a+� tAys�+��s�x�lt+�s�a�nbat9�2� � . , �n�+lwrf3�5��... C�R1mii�! � � ' �llkib�6R��+rt{j�ISB�;�AB$k1��i1�0ii��(�i9t�f7t9 Notary I'ublic: residing at: My commissionexpires: "�� Yt d'�r. �"1``��"�� ,�.�� .rc„�. Bala Cynuryc�, PA November 3, 202B I, Edward Sayago, Corporate Secretary of AHfLADELPHTA f]�iDEMN['['Y INSI}RANCE COMPANY, do herehy cerE3fy that the t'oregoing resolution oF #he Board of Direetors and the i'ower af Attomey issued pursuant thereta on ths 5°i day Qctober 2029� are true ancE eorreet av�d aee still in tukE force and effact. I do further certify thpi do1�n Glomb, who axeeuted the Pmver af Attomey as Nresident, was on the date of execut'snn of the sttaehed Pawer of Attorney tk�e duly eEected Preside� of P[ifI.ADELPFI[A IIVD6MN[TY �NSURANCE COMPANY. in Testimcnty Whereof ! liavti �abscr'sbed my �ame and affixed ifie facsimile sea� of each f'ompany ttiis 2�d day of 5entem6er , 2025 `� a�.;�,,,s,e Y ,' - - � � ��_ „_._...� �� ~� ��:^;w „ .- J n � .`� �€���``. °:��' � �, � i- ,. _ 'i; . r.��' . _ ''y: yH� �., �,�' , `ry=..,r �,_ - E:dward Sayago, Corporate Secretary PHILAD�LPHiA TNDCMIY�TY 1A15UliAI�CE CQMPAIVV a Bond Number: CE 12438200116 006219-1 MAINTENANCE BOND Page 1 of 5 1 2 3 4 5 6 7 SECTION 00 6219 MAINTENANCE BOND THE STATE OF TEXAS S � KNOW ALL BYTHESE PRESENTS: COUNTY OF TARRANT � Thatwe XTERRA SITEWORKS, LLC , knawn as 8 "Principal" herein and Philadelphia lndemnitv Insurance Company , a corporate surety 9 {sureties� if more than one) duty authorized to do business in the State of Texas� knowri as 10 aSurety" herein (whether ane or more), are held and firmly bound unto the Developer. 11 (McPhersan koldings LLC) �, authorizsd to do business in Texas ("Devetoper") and the City of Fart 12 Worth� a Texas municipal co�poration ("City"F� in the sum One Hundred Twelve Thousand Three Hundred � 112,397.00 7 3 of Ninetv-Seven and 00/100 D0112Ps $ ), lawful 14 money of the United States� to be paid in Fort Worth, Tarrant Caunty, Texas, for payment nf 15 which sum welF and truly be made jointly unto the Developer and the City as dual obligees 1fi and their successors, we bind ourselves, our heirs� executors, administrators, successors 17 and assigns� jointly and severally. firmty by these presents. 18 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City a# Fort Worth by and through a Community Facilities 21 Agreement, CFA Number CFA25-OQ41 •;and 22 WHEREAS, the Principal has entered into e certain written contract with the 23 Develaper awarded the 3rd day of Avril , 20 25 , which 24 Contract is hereby reierred to and a made part hereof for all purposes as if fully set forth 25 herein, to furnish all materials, eguipment labor and �ther accessories as defined by law, in 26 the prosecution flf the Wark� including any Work resulting from a duly authorized Change 27 Order (collectively herein, the "Work") as provided far in safd Contract and designated as 28 Heartofthe Ranch—CtearferkAddiiion; and 29 CfiV OF fORT WORTH STANdARD CITY CONDITIONS- DEYELOPER AWARDED PROlECfS Revfaed January 31, 2012 McPherson Crossingtot 18, 8lock f CPN:105829 . t 006219-2 MAINTENANCE BOND Page 2 of 5 WHEREAS, Principal binds itself to use such materials and to so construct ths Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free fram defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and � 2 3 4 5 6 WHEREAS, Principal binds itself to repair �r reconstruct the Work in whule or in part 7 8 upon receiving notice from the Devetoper andlor City ofthe need thereof at any time within 9 ths Maintenance Pe�iod. `[�; 11 NOW THEREFORE, the candition of this obligation is such that if Principal shall 12 remedy any defective Work, for which timely notice was provided by Developer or City, to a 13 eompletion satisfactory to the Ciry, then this obligation shall become null and void; 14 otherwise to remain in full force and effect. 15 16 PROVIDED, HOWEVER, if Principal shall fail so to repair ar reconstruct any timely 17 noticed defective Work, it is agreed that the Devetoper or City may cause any and all such 18 defective Wark ta be repaired and/flr reconstructed with all associated costs thereof being 19 borne by the Principal and the Surety under this Ma+ntenance Bond; and 20 21 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 22 Tarrant County, Texas or the United States District Court forthe Northern District ofTexas, 23 Fort Worth Divisian; and 24 25 PROVIDED FURTHER, thatthis obligation shall be cantinuous in nature and 26 successive recoveries may be had hereon for successive breaches. CfTY OF FORT WORTH STANDARD CITY CONDITIONS — DEVfLOPER AWARDED PROJECTS Revis9d lenuary 31, 2Q12 McPherson CrossingLOt iB, BlOCk t CPN;105829 nasx7s-3 MAlNTENANCE 80hID PBge 9 of 5 1 Ihl W1'�N�SS1�1iH�REC�F, the �rincipal and the Surety have each SiGNE!] and �EAI..�D this 2 in�tru�nent by d�ly autharixed agents and of�ic$rs on fhis the �rid day of � September.- -- -.._.___._._., �02�.. 4 5 PRtNCIPAL: � 7 XTERR.A SITEWORKS, .L�.0 a _ s �v 11 1� 13 BY: �d �' �--'��� � � 5i�nat[ar� 16 ATTE51': - - -_- - 17 1$ �"�,,.� 19 ���� , `�cir►si��,. 20 _ 21 (Prirtcipal} Secretary Name and Titte 22 �3 Addres�: 24 25 13IQ0 US HWY 287 STE 134 26 � �1'I"Y UF fORT WORTH MsFhe�sDn CrOssfng !nt 1�, Btook ] STAN6kRD ClTY �aNDITEQNS - UEVEL�!'ER A WARQEi? ?RCS��CTB �P� �� �7'� Revised January 31.2072 OOfi279-4 MAINTENANCE B(3ND Page 4 of 5 1 2 3 4 Witness as Co Principal 5 � 7 8 9 10 11 12 13 14 �5 1$ 17 �i 8 TS 20 ATTEST: 21 22 1 � \ 23 24 �Surety) 5ecretary 25 26 27 2$ � Haslet, Texas 7b05? S U R ETl': Philadelphia Tnc�einnity insurance Compan}' �� � �t��r�� BY: Signature Sl�arif Ismail, Atlorne�r-i�i-Fact Name and Title Address: C)ne Bala Plaza, Suite I(}0 Bala Cynwyd, PA 19004-0950 CITY OF FORTVVORTH McPherson Crossirrg Lot 18, 61ock ] STANDARa ClTY CSJNdITIONS -- DEV�I.OPEH AWARDED PFDJECTS CPN:105829 Revlsetl lanuary 31, 2012 1 Witness as to Surety 2 (888)321-4713 3 Telephane oos2is.s NlAIN7ENANCE BOND Page 5 of 5 Number: 4 *N�te: tf signed by an officer of the Surety Company, there must be on file a 5 certified extract fram the by-laws showing that this person has authority to 6 sign such obligation. If Surety's physical address is different from its 7 mailing address, both must be provided. 0 9 The date of the bond shall not be prior ta the date the Contract is awarded. 10 cin oF FORTwoRn-i STANDARD CITY CONDITIONS- DEVELOPER AWARDED PROJECTS Revised Jenuary 31, 2012 McPherson Crossinglot 18, Hlock 1 CPN:105829 Band # CE 12438200116 PHILADELPHIA INDEMNITY INSURANCE COMPANY Onc Bala Plaza, Suite 100 Dala Cynwyd, PA 19004-0950 Powcr of Attorney KNOW ALL PERSONS BY'tHESE PRGSENTS: That PHILADEI,PHIA IIYD@MN1TY IIYSURAIYCE COMPANY (thc Company), a corporation organized and existing under the laws of thc Commonwealth of Pennsylvania, does hereby constitute and appoint Ralf R�' ,o and Sharif Ism�il of SBXPRSS. INC. DBA BONDSEXPRESS SURETY AND INSURANCE AGENCY its true and lawful Attomey-in-fact ���ith full authoriry to execute on its behalf bonds, unJertakings, recogniz�nces artd other contracts of indemnity and �vritings obliga�ory in the nature thereof, issued in [he course of its business and to bind the Company thcreby, in an amount ttot to exceed $SO.00O.Q00. This Power of Attomey is granted and is signed and sealed by facsimile ursder and by the authority of the following Resolution adopted by the Board of Dircetors of PHILADELPHIA INDGMNITY INSURANCE COMPANY on the 14"' ofNovember 2016. RF.SOLVED: That the Board of llircctors hereby authorizes the President or any Vice President of the Company: (1) Appoint Altomey(s) in Pact and authorizc thc Attomey(s} in Facl to execute on behalf of the Company bonds and undertakings, contracts of indcmnity and other writings obligatory in thc nature thercoCand to attach the seal of thc Company thereto; and (2) to remove, at any time, any such Attorncy-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such otticers and the seal of the Company may be affixed to any such Power of Attomey or certificate relating thereto by facsimile, artd any such Power of Attorr�ey so executed and certifted by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is ariached. IN TGSTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED 'CHIS INSTRUM6NT TO BE SIGN[:D AND I'I'S CORPORATE SEALTO BE AFfIXGD BY ITS AUTHORIZED OFFICE THIS STH DAY OF OCTOBER 202A. ": � r .. : � _ !oh Glomb. President B� CEO ' - % — Philudelphia lndemnity Insurance Company On this 5'^ dayrofOdojie�. 20�4�9i`fore me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described��nd authorized officer of the PHILADELPHIA INDEMNITI' INSURANCE COMPANI ; that the seal affixcd to said inswment is thc Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. ' _--..*,' f4';� ;. ' '�r/,�f: ,ti"�: -' V . ,�. . `.�,,,_ irl�}� � �" _ �� � ; � r.� ::.� • - . • '�a . �- �.�' I�.SC3� ` � '_ �. _ COa►mamKe�ith ot Pennsylv�nW • Noury Se¢I V�ease Mdcenzle. Nctary Pu01ic Q��xr�nCaunsy My Cemmistton ezplros No,roentinr 3. 2028 Ccmmis�(�n n¢rttber 1J8639� �tensn�r. var.n�y�van:e �ssoeuuano� Nmuia� Notary Public: residing at: My wmmission expires: ��%�'.�1'a�Xc Y�'K��•�c� "�.fL Bala Cymvyd, PA November 3. 2028 [, Edward Sayago, Corporate Seccetary of PHILADELPH[A INDGMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of lhc I3aard of Directors a�sd the Power of Attomey issued pursuant thereto on the 5"' day October 2024 are true and correct tand are still in full force and effect. I do furiher certify that John Glomb, who executed the Power of Attomey as President, �vas on the date of execution of the attached Po�ver of Attorrsey the duly elected I'ressdent of PHILADELPHIA 1NDCI4INITY INSURANCE COMPANY. � . In Testimany Whereof'7 have st�bsciribed my name and aflixcd the facsimilc seal of'each Company this zn� day ot' Sentember 2025 _ ,.� - - - rzYA�4�u - •'�4'r . '\ ' — _ _' J__ �''� � l�� / �� -i'. .`F ' �,;' �-! �� / =. : �R �, �v :',� ; Edward Sayago, Corporate Secretary =;`�; �.,�;;•.-:,'�� ` - - _ - PHILADF.LPHIA INDEMNITI' INSURANCE COMPANY .,'y ; Nt� r �.';�" _ � _ � � CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 STANDAR D GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Ter ms............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 6 Article 2 – Preliminar y Matters ......................................................................................................................... 7 2.01 Copies of Document s .................................................................................................................... 7 2.02 Commencement of Contract Time; Notice to Proceed ................................................................ 7 2.03 Starting the Work .......................................................................................................................... 8 2.04 Befor e Starting Constructio n ........................................................................................................ 8 2.05 Preconstructio n Conference .......................................................................................................... 8 2.06 Public Meeting .............................................................................................................................. 8 2.07 Initia l Acceptance of Schedules.................................................................................................... 8 Article 3 – Contract Documents: Intent , Amending, Reuse ............................................................................ 8 3.01 Intent.............................................................................................................................................. 8 3.02 Reference Standards...................................................................................................................... 9 3.03 Reporting and Resolving Discrepancies....................................................................................... 9 3.04 Amending and Supplementing Contract Document s ................................................................. 10 3.05 Reuse of Document s ................................................................................................................... 10 3.06 Electronic Dat a............................................................................................................................ 11 Article 4 – Availabilit y o f Lands; Subsurface and Physica l Conditions; Hazardous Environmental Conditions ; Reference Point s........................................................................................................... 11 4.01 Availabilit y of Lands .................................................................................................................. 11 4.02 Subsurface and Physica l Conditions .......................................................................................... 12 4.03 Differing Subsurface or Physica l Conditions ............................................................................. 12 4.04 Underground Facilitie s ............................................................................................................... 13 4.05 Reference Point s ......................................................................................................................... 14 4.06 Hazardous Environ menta l Conditio n at Sit e .............................................................................. 14 Article 5 – Bond s and Insurance ..................................................................................................................... 16 5.01 Licensed Suretie s and Insurer s ................................................................................................... 16 5.02 Perfor mance, Payment , and Maintenance Bond s....................................................................... 16 5.03 Certificates of Insurance ............................................................................................................. 16 5.04 Contractor’s Insurance ................................................................................................................ 18 5.05 Acceptance of Bond s and Insurance; Optio n to Replace ........................................................... 19 Article 6 – Contractor’s Responsibilitie s ........................................................................................................ 19 6.01 Supervisio n and Superintendence............................................................................................... 19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 6.02 Labor; Working Hours ................................................................................................................ 20 6.03 Services, Materials, and Equipment ........................................................................................... 20 6.04 Project Schedule.......................................................................................................................... 21 6.05 Substitut es and “Or-Equals” ....................................................................................................... 21 6.06 Concerning Subcontractors, Suppliers, and Others.................................................................... 24 6.07 Wage Rates.................................................................................................................................. 25 6.08 Patent Fees and Royaltie s ........................................................................................................... 26 6.09 Per mit s and Utilitie s .................................................................................................................... 27 6.10 Laws and Regulations ................................................................................................................. 27 6.11 Taxes ........................................................................................................................................... 28 6.12 Use of Sit e and Othe r Areas ....................................................................................................... 28 6.13 Recor d Docu ment s ...................................................................................................................... 29 6.14 Safet y and Protectio n .................................................................................................................. 29 6.15 Safet y Representative.................................................................................................................. 30 6.16 Hazard Co mmunicatio n Programs ............................................................................................. 30 6.17 Emergencies and/o r Rectificatio n............................................................................................... 30 6.18 Submittals .................................................................................................................................... 31 6.19 Continuing the Work................................................................................................................... 32 6.20 Contractor’s General Warrant y and Guarantee .......................................................................... 32 6.21 Indemnificatio n ......................................................................................................................... 33 6.22 Delegation of Professional Design Services .............................................................................. 34 6.23 Right to Audit.............................................................................................................................. 34 6.24 Nondiscriminatio n....................................................................................................................... 35 Article 7 – Other Work at the Sit e................................................................................................................... 35 7.01 Related Work at Sit e ................................................................................................................... 35 7.02 Coordination................................................................................................................................ 36 Article 8 – City’s Responsibilities................................................................................................................... 36 8.01 Co mmunications to Contractor ................................................................................................... 36 8.02 Furnis h Dat a ................................................................................................................................ 36 8.03 Pay Whe n Due ............................................................................................................................ 36 8.04 Lands and Ease ments; Report s and Test s................................................................................... 36 8.05 Change Order s............................................................................................................................. 36 8.06 Inspections, Tests, and Approvals .............................................................................................. 36 8.07 Limitations on Cit y’s Responsibilitie s ....................................................................................... 37 8.08 Undisclose d Hazardous Environ mental Conditio n .................................................................... 37 8.09 Co mplianc e wit h Safet y Program............................................................................................... 37 Article 9 – City’s Observatio n Statu s During Constructio n ........................................................................... 37 9.01 City’s Projec t Manager ……...................................................................................................... 37 9.02 Visit s to Sit e ................................................................................................................................ 37 9.03 Authorized Variations in Work .................................................................................................. 38 9.04 Rejecting Defective Work .......................................................................................................... 38 9.05 Determinations fo r Work Perfor med .......................................................................................... 38 9.06 Decisions on Require ment s of Contract Document s and Acceptabilit y of Work ..................... 38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 Article 10 – Changes in the Work; Claims; Extr a Work ................................................................................ 38 10.01 Authorize d Changes in the Work ............................................................................................... 38 10.02 Unauthorized Changes in the Work ........................................................................................... 39 10.03 Executio n of Change Order s....................................................................................................... 39 10.04 Extr a Work .................................................................................................................................. 39 10.05 Notificatio n to Suret y.................................................................................................................. 39 10.06 Contract Claims Process ............................................................................................................. 40 Article 11 – Cost of the Work; Allowances; Unit Price Work; Plans Quantit y Measurement...................... 41 11.01 Cost of the Work ......................................................................................................................... 41 11.02 Allowances .................................................................................................................................. 43 11.03 Unit Pric e Work .......................................................................................................................... 44 11.04 Plans Quantit y Measurement ...................................................................................................... 45 Article 12 – Change of Contract Price ; Change of Contract Time................................................................. 46 12.01 Change of Contract Pric e ............................................................................................................ 46 12.02 Change of Contract Time............................................................................................................ 47 12.03 Delays .......................................................................................................................................... 47 Article 13 – Test s and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 48 13.01 Notice of Defects ........................................................................................................................ 48 13.02 Access to Work ........................................................................................................................... 48 13.03 Test s and Inspections .................................................................................................................. 48 13.04 Uncovering Work........................................................................................................................ 49 13.05 Cit y May Stop the Work ............................................................................................................. 49 13.06 Correctio n or Removal of Defective Work ................................................................................ 50 13.07 Correctio n Perio d ........................................................................................................................ 50 13.08 Acceptance of Defective Work................................................................................................... 51 13.09 Cit y Ma y Correct Defective Work ............................................................................................. 51 Article 14 – Payment s to Contractor and Co mpletio n .................................................................................... 52 14.01 Schedule of Values...................................................................................................................... 52 14.02 Progress Payment s ...................................................................................................................... 52 14.03 Contractor’s Warrant y of Title ................................................................................................... 54 14.04 Partia l Utilizatio n ........................................................................................................................ 55 14.05 Fina l Inspectio n ........................................................................................................................... 55 14.06 Final Acceptance......................................................................................................................... 55 14.07 Final Payment.............................................................................................................................. 56 14.08 Final Co mpletio n Delayed and Partia l Retainage Release ........................................................ 56 14.09 Waiver of Clai ms ........................................................................................................................ 57 Article 15 – Suspension of Work and Terminatio n ........................................................................................ 57 15.01 Cit y May Suspend Work............................................................................................................. 57 15.02 Cit y Ma y Terminat e fo r Cause ................................................................................................... 58 15.03 Cit y Ma y Terminat e Fo r Convenience ....................................................................................... 60 Article 16 – Disput e Resolutio n ...................................................................................................................... 61 16.01 Method s and Procedures ............................................................................................................. 61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 Article 17 – Miscellaneous .............................................................................................................................. 62 17.01 Giving Notic e .............................................................................................................................. 62 17.02 Co mputation of Times ................................................................................................................ 62 17.03 Cumulative Re medie s ................................................................................................................. 62 17.04 Surviva l o f Obligations ............................................................................................................... 63 17.05 Headings ...................................................................................................................................... 63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 1 of 63 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Docu ments, the terms listed belo w have the meanings indicated whic h are applicable to bot h the singular and plural thereof, and words denoting gender shall include the masculine, fe minine and neuter. Said terms are generally capitalized or written in italics, but no t always. When used in a context consistent with the definitio n of a listed-defined term, the term shall have a meaning as defined belo w whether capitalized or italicized or otherwise. In additio n to terms specifically defined, terms wit h initial capital letters in the Contract Document s include references to identified articles and paragraphs, and the titles of other document s or forms. 1. Addenda—Written or graphic instrument s issued prior to the opening of Bids whic h clarify, correct, or change the Bidding Requirement s or the proposed Contract Documents. 2. Agreement—The written instrument whic h is evidence of the agreement between Cit y and Contracto r covering the Work. 3. Application for Payment—The for m acceptable to Cit y which is to be used by Contractor during the course of the Work in requesting progress or fina l payment s and whic h is to be acco mpanied by such supporting documentation as is required by the Contract Docu ments. 4. Asbestos—An y material that contains more than one percent asbesto s and is friable or is releasing asbestos fiber s into the air above current actio n levels established by the United States Occupational Safety and Health Ad ministration. 5. Award – Authorizatio n by the Cit y Council fo r the Cit y to enter int o an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed for m setting fort h the prices fo r the Work to be perfor med. 7. Bidder—The individual or entit y who submit s a Bid directly to City. 8. Bidding Documents—The Bidding Requirement s and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitatio n to Bid, Instructions to Bidders, Bid security of acceptable for m, if any, and the Bid Form wit h any supplements. 10. Business Day – A business day is defined as a day that the Cit y conduct s normal business, generally Monday throug h Friday, except fo r federal or stat e holidays observed by the City. 11. Calendar Day – A day consisting of 24 hours measured fro m midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 2 of 63 12. Change Order—A document , which is prepared and approved by the City, whic h is signed by Contractor and Cit y and authorizes an addition, deletion, or revisio n in the Work or an adjust ment in the Contract Pric e or the Cont ract Time, issued on or after the Effective Date of the Agreement. 13. City— The Cit y of For t Worth, Texas, a ho me-rule municipal corporation, authorized and chartered under the Texas Stat e Statutes, acting by it s governing body through it s City Manager, his designee, or agent s authorized under his behalf, each of whic h is required by Charter to perform specific duties wit h responsibilit y fo r fina l enforcement of the contracts involving the Cit y of Fort Wort h is by Charter vested in the Cit y Manager and is the entity wit h who m Contracto r has entere d int o the Agree ment and for who m the Work is to be perfor med. 14. City Attorney – The officially appointed Cit y Attorney of the Cit y of Fort Worth, Texas, or his duly authorized representative. 15. City Council - The duly elected and qualified governing body of the Cit y of Fort Worth, Texas. 16. City Manager – The officiall y appointed and authorized Cit y Manager of the Cit y of Fort Worth, Texas, or his duly authorized representative. 17. Contract Claim—A demand or assertion by Cit y or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relie f wit h respect to the terms of the Contract. A demand fo r money or services by a thir d part y is not a Contract Claim. 18. Contract—The entir e and integrated written document between the Cit y and Contractor concerning the Work. The Contract contains the Agreement and all Contract Document s and supersedes prio r negotiations, representations, or agreements, whether writte n or oral. 19. Contract Documents—Those items so designated in the Agreement . All ite ms listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the report s and drawings of subsurface and physica l conditions ar e no t Contract Docu ments. 20. Contract Price —The moneys payable by Cit y to Contractor fo r co mpletio n of the Work in accordance wit h the Contract Docu ment s as state d in the Agreement (subjec t to the provisions of Paragrap h 11.03 in the case of Unit Pric e Work). 21. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) co mplet e the Work so that it is ready fo r Fina l Acceptance. 22. Contractor—The individual or entit y wit h whom Cit y has entere d int o the Agreement. 23. Cost of the Work—See Paragraph 11.01 of these General Conditions fo r definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 3 of 63 24. Damage Claims – A demand fo r money or services arising fro m the Project or Sit e fro m a thir d party, Cit y or Contractor exclusive of a Contrac t Claim. 25. Day or day – A day, unless otherwis e defined, shall mean a Calendar Day. 26. Director of Aviation – The officiall y appointed Director of the Aviatio n Department of the Cit y of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 27. Directo r of Parks and Communit y Services – The officiall y appointed Director of the Parks and Co mmunit y Service s Depart ment of the Cit y of Fort Worth, Texas, or his duly appointed representative, assistant , or agents. 28. Directo r of Planning and Developmen t – The officially appointed Director of the Planning and Development Depart ment of the Cit y of Fort Worth, Texas, or his duly appointed representative, assistant , or agents. 29. Director of Transportation Public Works – The officially appointed Director of the Transportation Public Works Depart ment of the Cit y of Fort Worth, Texas, or his duly appointed representative, assistant , or agents. 30. Director of Water Department – The officiall y appointed Directo r of the Water Depart ment of the Cit y of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Drawings—That part of the Contract Docu ment s prepared or approved by Engineer which graphically shows the scope, extent , and character of the Work to be perfor med by Contractor . Submittals are no t Drawing s as so defined. 32. Effective Dat e of the Agreement—The dat e indicate d in the Agreement on whic h it beco mes effective, but if no such dat e is indicated, it means the dat e on whic h the Agreement is signed and delivered by the las t of the two partie s to sig n and deliver. 33. Engineer—The licensed professional engineer or engineering fir m registered in the State of Texas performing professional services fo r the City. 34. Extra Work – Additiona l work made necessary by changes or alterations of the Contract Document s or of quantities or for other reasons for whic h no prices are provided in the Contract Documents. Extr a work shall be part of the Work. 35. Field Order — A written order issued by Cit y whic h requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 36. Final Acceptance – The written notice give n by the Cit y to the Contractor that the Work specified in the Contract Docu ment s has been co mpleted to the satisfactio n of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 4 of 63 37. Final Inspection – Inspectio n carried out by the Cit y to verify that the Contractor has co mpleted the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance wit h the Contract Documents. 38. General Requirements—Sections of Division 1 of the Contract Documents. 39. Hazardous Environmental Condition—The presence at the Sit e of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantia l danger to persons or property exposed thereto. 40. Hazardous Waste—Hazardous wast e is define d as any solid wast e listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended fro m time to time. 41. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and court s having jurisdiction. 42. Liens—Charges, securit y interests, or encumbrances upo n Project funds, real property, or personal property. 43. Major Item – An Item of work included in the Cont ract Document s that has a total cost equal to or greater than 5% of the origina l Contract Price or $25,000 whichever is less. 44. Milestone—A principa l event specified in the Contract Document s relating to an inter mediate Contract Time prior to Fina l Acceptance of the Work. 45. Notice of Award —The written notice by Cit y to the Successful Bidder stating that upon timely co mpliance by the Successful Bidder wit h the conditions precedent listed therein, City will sig n and deliver the Agreement. 46. Notice to Proceed—A written notice give n by Cit y to Contractor fixing the date on whic h the Contract Time will commence to run and on whic h Contractor shall start to perform the Work specified in Contract Documents. 47. PCBs—Polychlorinated biphenyls. 48. Petroleum—Petroleum, including crude oil or any fractio n thereo f whic h is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fue l oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed wit h other non-Hazardous Waste and crude oils. 49. Plans – See definitio n of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 5 of 63 50. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duratio n of the activities comprising the Contractor’s pla n to acco mplis h the Work within the Contract Time. 51. Project —The Work to be performed under the Contract Docu ments. 52. Project Manager—The authorize d representative of the Cit y who will be assigned to the Site. 53. Publi c Meetin g – An announced meeting conducted by the Cit y to facilitat e public participatio n and to assist the public in gaining an infor med vie w of the Project. 54. Radioactive Material —Source, special nuclear, or byproduct materia l as defined by the Ato mic Energy Act of 1954 (42 USC Sectio n 2011 et seq.) as amended fro m time to time. 55. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thr u Frida y (excluding lega l holidays). 56. Samples—Physica l example s of materials , equip ment , or work manship that are representative of so me portio n of the Work and whic h establis h the standards by whic h such portio n of the Work will be judged. 57. Schedul e of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirement s to support scheduled perfor mance of related constructio n activities. 58. Schedul e of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Pric e to variou s portions of the Work and used as the basis fo r reviewing Contractor’s Applications fo r Payment. 59. Site—Lands or areas indicate d in the Contract Docu ment s as being furnished by Cit y upon whic h the Work is to be performed, including rights -of-way, per mits , and easement s for access thereto , and suc h other land s furnished by Cit y whic h are designated fo r the use of Contractor. 60. Specifications—That part of the Contract Document s consisting of written requirement s for materials, equipment , systems, standards and workmanship as applied to the Work, and certain administrative requirement s and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Document s by attachment or, if no t attached, may be incorporated by reference as indicated in the Table of Content s (Divisio n 00 00 00) o f each Project. 61. Subcontractor—An individual or entit y having a direct contract wit h Contractor or wit h any other Subcontractor fo r the perfor mance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 6 of 63 62. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information whic h are specifically prepared or assembled by or for Contractor and submitted by Contracto r to illustrat e so me portio n of the Work. 63. Substantial Completion – The stage in the progress of the Project when the Work is sufficiently complete in accordance with the Contract Documents for Final Inspection. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to who m City makes an Award. 65. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions fro m the Cit y and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Document s whic h amends or supplement s these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract wit h Contractor or wit h any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contracto r or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilitie s or attachments, and any encasements containing such facilities , including but not limit ed to, thos e that convey electricity, gases, steam, liquid petroleu m products, telephone or othe r co mmunications , cable television, water, wastewater, stor m water, other liquid s or chemicals , or traffic or othe r contro l syste ms. 69 Uni t Pric e Work —See Paragrap h 11.03 of these General Conditions fo r definition. 70. Weekend Workin g Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or lega l holiday, as approved in advance by the City. 71. Work—The entir e constructio n or the variou s separately identifiable part s thereo f required to be provided under the Contract Docu ments. Work includes and is the result of performing or providing all labor, services, and docu mentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment int o such construction, all as required by the Contract Docu ments. 72. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the Cit y fo r contract purposes, in whic h weather or other conditions not under the contro l of the Contractor will per mit the performance of the principa l unit of wor k underway fo r a continuous perio d of not les s than 7 hour s between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are no t defined but , when used in the Bidding Requirement s or Contract Docu ments, have the indicate d meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 7 of 63 1. The Contract Document s include the terms “a s allowed,” “as approved,” “as ordered,” “as directed” or ter ms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an actio n or determinatio n of Cit y as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for co mpliance wit h the informatio n in the Contract Document s and wit h the design concept of the Project as a functioning whole as shown or indicated in the Contract Document s (unless there is a specific statement indicating otherwise). C. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatis factory, faulty, or deficient in that it: a. does no t confor m to the Contract Documents; or b. does no t meet the requirement s 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. D. 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 combinatio n 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, unles s specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or constructio n industry or trade meaning are used in the Contract Document s in accordance wit h such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Copies of Documents Cit y shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upo n request at the cost of reproduction. 2.02 Commencement of Contract Time; Notic e to Proceed The Contract Time will co mmence to run on the day indicated in the Notic e to Proceed. A Notic e to Proceed may be give n no earlier than 14 days afte r the Effective Dat e of the Agreement , unless agreed to by both parties in writing. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the dat e when the Contract Time commences to run. No Work shall be done at the Sit e prio r to the dat e on whic h the Contract Time co mmences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance wit h the Contract Documents, and prio r to starting the Work. 2.05 Preconstruction Conference Before any Work at the Sit e is started, the Contractor shall attend a Preconstructio n Conference as specified in the Contract Docu ments. 2.06 Public Meeting Contracto r may not mobilize any equipment , materials or resources to the Sit e prio r to the Public Meeting if scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to Cit y in accordance wit h the Schedule Specification as provided in the Contract Documents. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Document s are co mple mentary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Document s to describe a functionally co mplet e project (or part thereof) to be constructed in accordance wit h the Contract Documents. Any labor, documentation, services, materials, or equip ment that reasonably may be inferred fro m the Contract Document s or fro m prevailing custo m or trade usage as being required to produce the indicated result will be provided whether or no t specifically called for, at no additiona l cost to City. C. Clarifications and interpretations of the Contract Document s shall be issued by City. D. The Specifications may var y in for m, for mat and style. Some Specification sections may be writte n in varying degrees of streamlined or declarative style and so me sections may be relatively narrative by co mparison. Omissio n of such words and phrases as “the Contractor shall,” “in conformit y with,” “as shown,” or “as specified” are intentional in streamlined sections . Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various part s of a sectio n or articles within a part depending on the for mat of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 9 of 63 section. The Contractor shall not take advantage of any variatio n of for m, for mat or style in making Contract Claims. E. The cross referencing of specificatio n sect ions under the subparagraph heading “Related Section s includ e but ar e no t necessarily limite d to:” and elsewhere within each Specification sectio n is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinat e the entir e Work under the Contract Docu ment s and provid e a co mplet e Projec t whether or no t the cross referencing is provided in each sectio n or whether or no t the cross referencing is complete. 3.02 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 provisio n of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilitie s of City, Contractor, or any of their subcontractors, consultants, agents , or employees, fro m thos e set fort h in the Contract Docu ments. No suc h provisio n or instructio n shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any dut y or authorit y to supervise or direc t the performance of the Work or any dut y or authority to undertake responsibilit y inconsistent wit h the provisions of the Contract Docu ments. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor’s Review of Contract Documents Before Starting Work : Befor e undertaking each part of the Work, Contractor shall carefully study and compare the Contract Document s and check and verify pertinent figures therein agains t all applicable field measurement s and conditions . Contracto r shall pro mptly report in writing to Cit y any conflict , error, ambiguity, or discrepancy whic h Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarificatio n from Cit y be fore proceeding wit h any Work affected thereby. 2. Contractor’s Review of Contract Documents During Performance of Work: If, during the perfor mance of the Work, Contractor discovers any conflict , error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Document s and (a) any applicable Law or Regulatio n , (b) any standard, specification, manual, or code, or (c) any instructio n of any Supplier, then Contractor shall promptly report it to Cit y in writing. Contracto r shall not proceed wit h the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amend ment or supplement to the Contract Document s has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall no t be liable to Cit y for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Document s unles s Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Document s shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Document s and the provisions of any standard, specification, manual, or the instruct ion of any Supplier (whet her or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Docu ment s may be amended to provide fo r additions, deletions, and revisions in the Work or to modify the ter ms and conditions thereo f by a Change Order. B. The requirement s of the Contract Docu ment s may be supplemented, and mino r variations and deviations in the Work not involving a change in Contract Pric e or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City’s revie w of a Submitta l (subjec t to the provisions of Paragrap h 6.18.C); or 3. City’s writte n interpretatio n or clarification. 3.05 Reuse of Documents A. Contracto r and any Subcontracto r or Supplier shall not: 1. have or acquire any title to or ownership right s in any of the Drawings , Specifications , or othe r docu ment s (o r copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions ; or 2. reuse any such Drawings, Specifications, other documents, or copies thereo f on extensions of the Project or any other project without written consent of Cit y and specific written verification or adaptatio n by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment , or terminatio n of the Contract . Nothing herein shall preclude Contractor fro m retaining copies of the Contract Docu ment s fo r recor d purposes. 3.06 Electronic Data A. Unles s otherwis e stated in the Supplementar y Conditions, the dat a furnished by Cit y or Engineer to Contractor, or by Contractor to Cit y or Engineer , that may be relied upon are limited to the printe d copie s included in the Contract Document s (also known as hard copies) and other Specifications referenced and locate d on the City’s on-line electronic document management and collaboratio n system site. File s in electronic media for mat of text , data, graphics, or other typ es are furnished only fo r the convenience of the receiving party. Any conclusio n or infor matio n obtained or derived fro m such electronic files will be at the user’s sole risk. If there is a discrepanc y between the electronic files and the hard copies, the hard copies govern. B. When transferring document s in electronic media for mat, the transferring part y makes no representations as to long term co mpatibility, usability, or readabilit y o f document s resulting fro m the use of softwar e application packages, operating systems, or co mputer hardware differing fro m those used by the data’s creator. ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Cit y shall furnish the Site. Cit y shall notify Contractor of any encumbrances or restrictions no t of general application but specifically related to use of the Sit e wit h which Contracto r must co mply in per forming the Work. Cit y will obtain in a timely manner and pay for easement s for permanent structures or permanent changes in existing facilities. 1. The Cit y has obtained or anticipates acquisit io n of and/o r access to right -of-way, and/or easements. Any outstanding right -of-way and/o r ease ment s are anticipated to be acquired in accordance wit h the schedule set fort h in the Supplementary Conditions. The Project Schedule submitte d by the Contractor in accordance wit h the Contract Docu ment s must consider an y outstanding right -of-way, and/or easements. 2. The Cit y has or anticipates removing and/or relocating utilities, and obstructions to the Site. An y outstanding remova l or relocatio n of utilities or obstructions is anticipated in accordance wit h the schedule set fort h in the Supplementary Conditions . The Projec t Schedule submitted by the Contractor in accordance wit h the Cont ract Docu ment s must conside r any outstanding utilitie s or obstructions to be removed, adjusted, and/o r relocated by others. B. Upo n reasonable writte n request, Cit y shall furnish Contractor wit h a current state ment of record lega l title and lega l descriptio n of the land s upo n whic h the Work is to be perfor med. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 12 of 63 C. Contractor shall provide fo r all additiona l lands and access thereto that may be required for constructio n facilities or storage of materials and equip ment. 4.02 Subsurface and Physical Conditions A. Report s and Drawings: The Supplementary Conditions identify: 1. thos e reports known to Cit y of explorations and test s of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Cit y of physical conditions relating to existing surface or subsurface structures at the Sit e (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technica l data” contained in such report s and drawings, but such reports and drawings are no t Contract Documents. Such “technica l data” is identified in the Supplementary Conditions. Contractor may no t make any Contract Claim against City, or any o f their officers, directors, members, partners, employees, agents, consultants, or subcontractors wit h respect to: 1. the co mpleteness of such reports and drawings fo r Contractor’s purposes, including, but not limite d to, any aspect s of the means, methods, techniques, sequences, and procedures of constructio n to be employed by Contractor, and safety precautions and programs incident thereto ; or 2. other data, interpretations, opinions, and informatio n contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretatio n of or conclusio n drawn fro m any “technical data” or any such other data, interpretations, opinions, or infor mation. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical conditio n that is uncovered or revealed either: 1. is of such a nature as to establish that any “technica l data” on whic h Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differ s materially fro m that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differ s materially fro m conditions ordinarily encountered and generally recognized as inherent in work of the character provided fo r in the Contract Docu ments; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 13 of 63 then Contractor shall, promptly after beco ming aware thereo f and befor e further disturbing the subsurface or physical conditions or perfor ming any Work in connectio n therewit h (except in an emergency as required by Paragraph 6.17.A), notif y Cit y in writing about such condition. B. Possibl e Price and Time Adjustments Contracto r shall no t be entitle d to any adjust ment in the Contract Pric e or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final co mmit ment to Cit y wit h respect to Contract Pric e and Contract Time by the submissio n of a Bid or beco ming bound under a negotiated contract ; or 2. the existence of such conditio n could reasonably have been discovered or revealed as a result of the exa minatio n of the Contract Docu ment s or the Site ; or 3. Contracto r faile d to give the writte n notic e as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated: The infor matio n and data shown or indicated in the Contract Documents wit h respect to existing Underground Facilitie s at or contiguous to the Sit e is based on informatio n and dat a furnished t o Cit y or Engineer by the owner s of such Underground Facilities, including City, or by others. Unles s it is otherwis e expressly provided in the Supple mentar y Conditions: 1. Cit y and Engineer shall no t be responsible fo r the accuracy or co mpleteness of any such infor matio n or dat a provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibilit y for: a. reviewing and checking all such infor matio n and data; b. locating all Underground Facilitie s shown or indicated in the Contract Documents; c. coordination and adjust ment of the Work wit h the owner s of such Underground Facilities, including City, during construction; and d. the safet y and protection of all such Underground Facilities and repairing any damage thereto resulting fro m the Work. B. Not Shown or Indicated: 1. If an Underground Facilit y whic h conflicts wit h the Work is uncovered or revealed at or contiguous to the Sit e whic h was not shown or indicated, or no t shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after beco ming aware thereo f and befor e further disturbing conditions affected thereby or perfor ming any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 14 of 63 Work in connectio n therewith (except in an emergency as required by Paragraph 6.17.A), identif y the owner of such Underground Facilit y and give notice to that owner and to City. Cit y will revie w the discovered Underground Facilit y and deter mine the extent , if any, to whic h a change may be required in the Contract Document s to reflect and document the consequences of the existence or locatio n of the Underground Facility. Contractor shall be responsible fo r the safet y and protection of such discovere d Underground Facility. 2. If Cit y concludes that a change in the Contract Docu ment s is required, a Change Order ma y be issued to reflect and docu ment such consequences. 3. Verificatio n of existing utilities , structures, and servic e lines shall includ e notificatio n of all utilit y co mpanies a minimum of 48 hour s in advance of constructio n including exploratory excavatio n if necessary. 4.05 Reference Points A. Cit y shall provide engineering surveys to est ablish reference point s fo r construction, whic h in City’s judgment ar e necessary to enable Contractor to proceed wit h the Work. Cit y will provide constructio n stake s or other custo mary metho d of marking to establish line and grades for roadway and utilit y construction, centerlines and benchmarks fo r bridgework. Contractor shall protect and preserve the established reference point s and property monu ments, and shall make no changes or relocations. Contractor shall report to Cit y whenever any reference point or property monu ment is lost or destroyed or requires relocatio n because of necessary changes in grades or locations. The Cit y shall be responsible fo r the replacement or relocation of reference point s or propert y monu ment s no t carelessly or willfully destroyed by the Contractor. The Contractor shall notify Cit y in advance and wit h sufficient time to avoid delays. B. Whenever, in the opinion of the City, any refer ence point or monu ment has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such point s plus 25% will be charged against the Contractor, and the full a mount will be deducted fro m payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions ide ntify those report s and drawings known to Cit y relating to Hazardous Environment al Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technica l data” containe d in such report s and drawings, but suc h reports and drawing s are no t Contract Docu ments. Such “technica l data” is identified in the Supplementary Conditions . Contractor may no t make any Contract Claim against City, or any o f their officers, directors, members, partners, employees, agents, consultants, or subcontractor s wit h respect to: 1. the co mpleteness of such report s and drawings fo r Contractor’s purposes, including , but not limite d to, any aspect s of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 15 of 63 constructio n to be employed by Contractor and safety precautions and programs incident thereto ; or 2. othe r data, interpretations, opinions and informatio n contained in such report s or shown or indicated in such drawings; or 3. any Contractor interpretatio n of or conclusio n draw n fro m any “technical data” or any such othe r data, interpretations, opinions or infor mation. C. Contractor shall no t be responsible fo r any Hazardous Environmental Conditio n uncovered or revealed at the Sit e whic h was no t shown or indicated in Drawings or Specifications or identified in the Contract Docu ment s to be withi n the scop e of the Work. Contractor shall be responsible fo r a Hazardous Environmental Conditio n created wit h any materials brought to the Sit e by Contractor, Subcontractors, Suppliers, or anyone else fo r who m Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Conditio n or if Contractor or anyone for who m Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolat e such condition; (ii) sto p all Work in connectio n with such conditio n and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify Cit y (and pro mptly thereafter confir m such notice in writing). Cit y may consider the necessity to retain a qualified expert to evaluate such conditio n or take corrective action, if any. E. Contractor shall not be required to resume Work in connectio n wit h such conditio n or in any affected area until after Cit y has obtained any required per mit s related theret o and delivered written notic e to Contractor: (i) specifying that such conditio n and any affected area is or has been rendered suitable fo r the resumptio n of Work; or (ii) specifying any special conditions under whic h such Work may be resumed. F. If after receipt of such written notice Contractor does no t agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resu me such Work under such special conditions, then Cit y may order the portio n of the Work that is in the area affected by such conditio n to be deleted fro m the Work. Cit y may have such deleted portio n of the Work performed by City’s own forces or others. G. 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 professional s and all court or arbitration or other disput e resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for who m Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnif y any individual or entity fro m and against the consequences of that individual’s or entity’s own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do no t apply to a Hazardous Environmental Conditio n uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 16 of 63 ARTICLE 5 – BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Document s to be purchased and maintained by Contractor shall be obtained fro m suret y or insur ance co mpanies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policie s fo r the limit s and coverages so required. Such suret y and insurance co mpanies shall also meet such additional requirement s and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance wit h Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security fo r the faithfu l performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the Cit y 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 dat e of Final Acceptance by the City. C. All bonds shall be in the for m prescribed by the Contract Document s except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Co mpanies Holding Certificates of Authorit y as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Co mpanies” as published in Circular 570 (amended) by the Financial Management Service, Suret y Bond Branch, U.S. Depart ment of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney whic h shall sho w that it is effective on the dat e the agent or attorney-in-fact signed each bond. D. If the suret y on any bond furnished by Contractor is declared bankrupt or beco mes insolvent or it s right to do business is ter minated in the State of Texas or it ceases to meet the requirement s of Paragraph 5.02.C, Contractor shall promptly notify Cit y and shall, within 30 days after the event giving ris e to such notification, provide another bond and surety, bot h of whic h shall co mply wit h the requirement s of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, wit h copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (other evidence of insurance requested by Cit y or any other additiona l insured) in at least the minimum amount as specified in the Supplementary Conditions whic h Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as “Additional Insured” on all liabilit y policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 17 of 63 2. The Contractor’s general liabilit y insurance shall include a, “per project ” or “per location”, endorsement , whic h shall be identified in the certificat e 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 complet e in it s entirety, and sho w co mplet e insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurer s for all policie s must be licensed and/o r approved to do business in the Stat e of Texas. Except for workers’ co mpensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strengt h and solvency to the satisfactio n of Risk Management . If the rating is belo w that required, written approval of Cit y is required. 5. All applicable policies shall include a Waiver of Subrogation (Right s of Recovery) in favor of the City. In addition, the Contractor agrees to waive all right s of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failur e of the Cit y to demand such certificates or other evidence of full compliance wit h the insurance requirement s or failur e of the Cit y to identify a deficienc y fro m evidence that is provided shall not be construed as a waiver of Contractor’s obligatio n to maintain such lines of insurance coverage. 7. If insurance policie s are no t written for specified coverage limits, an Umbrella or Excess Liabilit y insurance for any differences is required. Excess Liabilit y shall follo w form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive dat e shall be coincident with or prio r to the dat e of the effective dat e of the agreement and the certificate of insurance shall stat e that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained fo r the duratio n of the Contract and fo r three (3) years following Final Acceptance provided under the Contract Documents or for the warrant y period, whichever is longer . An annual certificate of insurance submitted to the Cit y shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required line s of coverage, nor decrease the limit s 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 deter mined to be unacceptable or the Cit y desire s additiona l insurance coverage, and the Cit y desire s the contractor/engineer to obtai n such coverage, the contract price shal l be adjusted by the cost of the premiu m fo r suc h additiona l coverage plu s 10%. 10. An y self-insure d retention (SIR), in excess of $25,000.00, affecting required insurance coverag e shall be approved by the Cit y in regards to asset valu e and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 18 of 63 lieu of traditiona l insurance, alternative coverage maintained through insurance pools or risk retentio n groups, must also be approved by City. 11. An y deductible in excess of $5,000.00, for any polic y that does not provide coverage on a first -dolla r basis , must be acceptable to and approved by the City. 12. City, at it s sole discretion, reserves the right to revie w the insurance requirement s and to make reasonable adjust ment s to insurance coverage’s and their limit s when deemed necessary and prudent by the Cit y based upo n changes in statutory law, court decisio n or the claims history of the industry as well as o f the contracting party to the City. The Cit y shall be required to provide prio r notice of 90 days, and the insurance adjustment s shall be incorporated int o the Work by Change Order. 13. Cit y shall be entitled, upo n writte n request and without expense, to receive copies of policies and endorsement s thereto and may make any reasonable requests fo r deletio n or revisio n or modifications of particular polic y terms, conditions, limitations, or exclusions necessary to conform the polic y and endorsement s to the requirement s of the Contract. Deletions, revisions, or modifications shall no t be requ ired where polic y provisions are established by law or regulations binding upo n either part y or the underwriter on any such policies. 14. Cit y shall not be responsible fo r the direct payment of insurance premiu m cost s for Contractor’s insurance. 5.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage wit h limit s consistent wit h statutory benefit s outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limit s for E mployers’ Liabilit y as is appropriate for the Work being performed and as will provide protection fro m claims set fort h belo w whic h 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 perfor med by Contractor, any Subcontractor or Supplier, or by anyone directly o r indirectly employed by any o f them to perfor m any o f the Work, or by anyone fo r whose acts any of them may be liable: 1. claims under workers’ co mpensation, disabilit y benefits, and other similar employee benefit acts; 2. claims fo r damages because of bodily injury, occupationa l sickness or disease, or deat h of Contractor’s employees. B. Commercial General Liability. Coverag e shall includ e but no t be limite d to covering liability (bodil y injur y or propert y damage) arising fro m: premises/operations, independent contractors, products/complete d operations, persona l injury, and liabilit y under an insure d 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 wit h respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 19 of 63 insurance or self-insurance programs afforded to the City. The Co mmercia l General Liability policy, shall have no exclusions by endorse ment s that would alter of nullify premises/operations, products/complete d operations, contractual, per sona l injury, or advertising injury, whic h are nor mally contained wit h the policy, unless the Cit y approves such exclusions in writing. Fo r constructio n project s that present a substa ntia l co mplete d operatio n exposure, the Cit y ma y requir e the contracto r to maintain co mplete d operations coverage fo r a minimum of no les s than thre e (3) years following the co mpletio n of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A co mmercial business auto polic y shall provide coverage on “any auto”, defined as auto s owned, hired and non-owned and provide indemnit y fo r claims fo r damages because bodily injur y or deat h of any perso n and or propert y 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 employe d by any of the m to perfor m any of the Work, or by anyone fo r whos e act s any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limit s of railroad right -of-way, the Contractor shall co mply wit h the requirement s identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify Cit y upo n cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit fo r days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If Cit y has any objectio n to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance wit h Article 5 on the basis of non-conformance wit h the Contract Documents, the Cit y shall so notify the Contracto r in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the Cit y such additional infor matio n in respect of insurance provided as the Cit y may reasonably request. If Contractor does no t purchase or maintain all of the bond s and insurance required by the Contract Documents, the Cit y 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 6 – CONTRACTOR’S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work co mpetently and efficiently, devoting such attentio n thereto and applying such skills and expertise as may be necessary to perform the Work in accordance wit h the Contract Documents. Contracto r shall be solely responsible fo r the means, methods, techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assig n a co mpetent, English- speaking, Superintendent who shall no t be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Sit e and shall have authorit y to act on behalf of Contractor. All communicatio n given to or received fro m the Superintendent shall be binding on Contractor. C. Contracto r shall notify the Cit y 24 hours prio r to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent , suitably qualified personnel to perform constructio n as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required fo r the safet y or protectio n of persons or the Work or property at the Sit e or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Sit e shall be performed during Regular Working Hours. Contractor will not permit the perfor mance of Work beyon d Regular Working Hours or for Weekend Working Hours without City’s written consent (which will no t be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noo n at least two (2) Business Days prior 2. fo r Weekend Working Hour s request must be made by noo n of the preceding Thursday 3. for legal holidays request must be made by noo n two Business Days prio r to the legal holiday. 6.03 Services, Materials, and Equipment A. Unles s otherwise specified in the Contract Docu ments, Contractor shall provide and assume full responsibilit y fo r all services, materials, equipment , labor, transportation, constructio n equipment and machinery, tools , appliances, fuel, power, light , heat , telephone, water, sanitar y facilities, temporary facilities , and all other facilitie s and incidentals necessary for the performance, Contracto r required testing , start -up, and co mpletio n of the Work. B. All materials and equipment incorporated int o the Work shall be as specified or, if not specified, shall be of good qualit y and new, except as other wis e provided in the Contract Docu ments. 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 report s of required tests) as to the source, kind , and qualit y of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 21 of 63 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 wit h instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All ite ms of standar d equipment to be incorporated int o the Work shall be the latest model at the time of bid , unless otherwis e specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance wit h Paragrap h 2.07 and the General Requirement s as it may be adjuste d fro m time to time as provided below. 1. Contractor shall submit to Cit y fo r acceptance (to the extent indicate d in Paragrap h 2.07 and the General Requirements) proposed adjust ment s in the Projec t Schedule that will not result in changing the Contract Time. Such adjust ment s will co mply wit h any provisions of the General Requirement s applicable thereto. 2. Contractor shall submit to Cit y a monthly Project Schedule wit h a monthly progress payment fo r the duratio n of the Contract in accordance wit h the schedule specification 01 32 16. 3. Proposed adjustment s in the Project Schedule that will change the Contract Time shall be submitte d in accordance wit h the requirement s of Article 12. Adjust ment s in Contract Time may only be made by a Change Order. 6.05 Substitutes and “Or-Equals” A. Whenever an ite m of materia l or equipment is specified or describe d in the Contract Docu ments by using the na me of a proprietary ite m or the na me of a particula r Supplier, the specificatio n or descriptio n is intended to establish the typ e, function, appearance, and qualit y required. Unless the specificatio n or descriptio n contain s or is followe d by words reading that no like , equivalent, o r “or-equal” ite m or no substitution is permitted, other ite ms of materia l or equip ment of other Suppliers may be submitted to Cit y fo r revie w under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretio n an item of materia l or equip ment 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 Cit y as an “or-equal” item, in which case revie w and approval of the proposed item may, in City’s sole discretion, be accomplishe d without co mpliance wit h so me or all of the requirement s fo r approval of proposed substitut e ite ms. For the purposes of this Paragraph 6.05.A.1, a proposed item of materia l or equipment will be considered functionally equal to an item so named if: a. the Cit y determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 22 of 63 2) it will reliably perform at least equally well the functio n and achieve the results imposed by the design concept of the co mpleted Project as a functioning whole; and 3) it has a proven record of performance and availabilit y of responsive service; and b. Contractor certifies that, if approved and incorporated int o the Work: 1) there will be no increase in cost to the Cit y or increase in Contract Time; and 2) it will conform substantially to the detailed requirement s of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretio n an item of materia l or equipment proposed by Contractor does not qualify as an “or-equal” ite m under Paragraph 6.05.A.1, it may be submitted as a proposed substitut e ite m. b. Contractor shall submit sufficient informatio n as provided belo w to allo w Cit y to determine if the item of materia l or equipment proposed is essentially equivalent to that named and an acceptable substitut e therefor . Requests fo r review of proposed substitute items of materia l or equipment will not be accepted by Cit y fro m anyone other than Contractor. c. Contractor shall make written application to Cit y fo r review of a proposed substitute item of material or equip ment that Contractor seeks to furnis h or use. The application shall co mply wit h Sectio n 01 25 00 and: 1) shall certify that the proposed substitut e item will: a) perfor m adequately the functions and achieve the result s called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to whic h the use of the proposed substitut e item will prejudice Contractor’s achievement of final co mpletio n on time; b) whether use of the proposed substitut e item in the Work will require a change in any o f the Contract Document s (or in the provisions of any other direct contract wit h Cit y fo r other work on the Project) to adapt the design to the proposed substitut e item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 23 of 63 c) whether incorporatio n or use of the proposed substitut e item in connectio n with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitut e item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credit s that will result directly or indirectly from use of such substitut e item, including cost s of redesign and Damage Clai ms of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of constructio n is expressly required by the Contract Documents, Contractor may furnish or utilize a substitut e means, method, technique, sequence, or procedure of constructio n approved by City. Contractor shall submit sufficient informatio n to allo w 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 Cit y for review in the same manner as those provided in Paragraph 6.05.A.2. C. City’s Evaluation: Cit y will be allowed a reasonable time within whic h to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Cit y may require Contractor to furnis h additional dat a about the proposed substitute. Cit y will be the sole judge of acceptability. No “or-equal” or substitut e will be ordered, installed or utilized until City’s review is co mplete, whic h will be evidenced by a Change Order in the case of a substitute and an accepted Submitta l fo r an “or-equal.” Cit y will advise Contractor in writing of it s determination. D. Special Guarantee: Cit y may require Contractor to furnis h at Contractor’s expense a special performance guarantee, warranty, or other suret y wit h respect to any substitute. Contractor shall indemnif y 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: Cit y will record City’s cost s in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or no t City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse Cit y fo r evaluating each such proposed substitute. Contractor may also be required to reimburse Cit y fo r the charges fo r making changes in the Contract Docu ment s (or in the provisions of any other direct contract wit h City) resulting from the acceptance of each proposed substitute. F. Contractor’s Expense: Contractor shall provid e all dat a in support of any proposed substitut e or “or-equal” at Contractor’s expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 24 of 63 G. City Substitute Reimbursement: Cost s (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform wit h his own organization, work of a value not less than 35% of the value embraced on the Contract , unless otherwise approved by the City. B. Contracto r shall no t emplo y any Subcontractor, Supplier, or other individual or entity, whether initiall y or as a replacement , against who m Cit y may have reasonable objection. Contractor shall not be required to emplo y any Subcontractor, Supplier, or other individual or entit y to furnish or perfor m any of the Work against who m Contracto r has reasonable objectio n (excluding those acceptable to Cit y as indicated in Paragraph 6.06.C). C. The Cit y may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project , and will provide such requirement s in the Supplementary Conditions. D. Minority and Women Business Enterprise Compliance: It is Cit y polic y to ensure the full and equitable participatio n by Minorit y and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Document s provide for MWBE goal, Contractor is required to co mply wit h the intent of the City’s MWBE Business Enterprise Ordinance (as amended) by the following: 1. Contractor shall, upo n request by City, provide co mplet e and accurate infor matio n regarding actual work performed by MWBE on the Contract and payment therefor. 2. Contractor will no t make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified chang e or deletio n shall be a materia l breach of Contract and may result in debarment in accordance wit h the procedures outlined in the Ordinance. 3. Contractor shall, upo n request by City, allo w an audit and/o r examinatio n of any books, records, or file s in the possession of the Contractor that will substantiat e the actual work performed by MWBE. Materia l misrepresentation of any nature will be grounds for ter minatio n of the Contract in accordance wit h Paragraph 15.02.A. Any such misrepresentation may be grounds fo r disqualification of Contractor to bid on future contracts wit h the Cit y fo r a perio d of not less than three years. E. Contractor shall be fully responsible to Cit y for all acts and omissions of the Subcontractors, Suppliers, and othe r individual s or entitie s performing or furnishing any of the Work just as Contractor is responsible fo r Contractor’s own act s and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Cit y and any such Subcontractor, Supplier or other individual or entity; nor 2. shall creat e any obligatio n on the part of Cit y to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entit y except as may otherwise be required by Laws and Regulations. F. Contracto r shall be solely responsible fo r 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 wit h Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate wit h Cit y throug h Contractor. H. All Work performed for Contracto r by a Subcontractor or Supplier will be pursuant to an appropriat e agreement between Contractor and t he Subcontractor or Supplier whic h specifically binds the Subcontracto r or Supplier to the applicable terms and conditions of the Contract Docu ment s fo r the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contracto r shall co mply wit h all requirement s of Chapter 2258, Texas Government Code (as amended), including the payment of no t less than the rates deter mined by the Cit y Council of the Cit y of Fort Worth to be the prevailing wage rates in accordance wit h Chapter 2258. Such prevailing wage rates ar e include d in these Contract Docu ments. B. Penalt y for Violation. A Contracto r or any Subcontracto r who does no t pay the prevailing wage shall, upon demand made by the City, pay to t he Cit y $60 fo r each worker employed fo r each calendar day or part of the day that the worker is paid les s than the prevailing wage rates stipulate d in these contract docu ments. This penalt y shall be retaine d by the Cit y 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 infor mation, including a co mplaint by a worker , concerning an alleged violatio n of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the Cit y shall make an initial determination, befor e the 31st day after the dat e the Cit y receives the infor mation, as to whether goo d cause exist s to believe that the violatio n occurred. The Cit y shall notify in writing the Contractor or Subcontractor and any affected worker of it s initia l determination. Upo n the City’s determinatio n that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the Cit y shall retain the full amounts claimed by the claimant or claimant s as the difference between wages paid and wages due under the prevailing wage rates, such amounts bein g subtracted fro m successive progress payment s pending a final determinatio n of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violatio n of Sectio n 2258.023, Texas Government Code, including a penalt y owed to the Cit y or an affected worker, shall be submitted to binding arbitration in accordance wit h the Texas General Arbitratio n Act (Article 224 et seq., Revised Statutes) if the Cont ractor or Subcontractor and any affected worker does no t resolve the issue by agreement befor e the 15t h day after the dat e the Cit y makes it s initia l determinatio n pursuant to Paragraph C above. If the persons required to arbitrate under this sectio n do not agree on an arbitrator befor e the 11th day after the dat e that arbitratio n is required, a district court shall appoint an arbitrator on the petitio n of any of the persons. The Cit y is no t a party in the arbitr ation. The decisio n and award of the arbitrator is fina l and binding on all partie s and may be enforced in any court of co mpetent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, fo r a perio d of three (3) years following the date of acceptance of the work, maintain records that sho w (i) the name and occupation of each worker employed by the Contractor in the constructio n of the Work provided for in this Contract ; and (ii) the actual per die m wages paid to each worker. The records shall be open at all reasonable hours fo r inspectio n by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Affadavit. Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code related to paying prevailing wage rates on completion of the project. 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 it s subcontract s and/or shall otherwise require all of it s Subcontractors to co mply wit h Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all cost s incident to the use in the perfor mance of the Work or the incorporatio n in the Work of any invention, design, process, product, or device whic h is the subject of patent right s or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents fo r use in the perfor mance of the Work and if, to the actual knowledge of City, it s use is subject to patent right s or copyrights calling fo r the payment of any license fee or royalt y to others, the existence of such right s shall be disclosed by Cit y in the Contract Documents. Failur e of the City t o disclose such infor matio n does no t relieve the Contractor fro m it s obligations to pay fo r the use of said fees or royalties to others. B. 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 professional s and al l court or arbitration or other disput e resolution costs) arisin g out of or relating to any infringement of patent right s or copyright s incident to the use in the performance of the Wor k or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 27 of 63 the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay fo r all construction permit s and licenses except those provided fo r in the Supplementary Conditions or Contract Documents. Cit y shall assist Contractor, when necessary, in obtaining such permit s and licenses. Contractor shall pay all governmental charges and inspectio n fees necessary fo r the prosecution o f the Work whic h are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Dat e of the Agreement , except fo r permit s provided by the Cit y as specified in 6.09.B. Cit y shall pay all charges of utilit y owners fo r connections fo r providing permanent service to the Work. B. City obtained permits and licenses. Cit y will obtain and pay for all permit s and licenses as provided fo r in the Supplementary Conditions or Contract Documents. It will be the Contractor’s responsibilit y to carry out the provisions of the permit . If the Contractor initiates changes to the Contract and the Cit y approves the changes, the Contractor is responsible fo r obtaining clearances and coordinating wit h the appropriate regulatory agency. The Cit y will not reimburse the Contractor for any cost associated wit h these requirement s of any Cit y acquired permit . The following are permit s the Cit y will obtain if required: 1. Texas Depart ment of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Co mmissio n on Environmental Qualit y Permits 4. Railroad Co mpany Permits C. Outstanding permits and licenses. The Cit y anticipates acquisitio n of and/o r access to permits and licenses. An y outstanding permit s and license s are anticipated to be acquired in accordance wit h the schedule set fort h in the Supplement ary Conditions . The Project Schedule submitte d by the Contractor in accordance wit h the Contr act Docu ment s must conside r any outstanding permit s and licenses. 6.10 Laws and Regulations A. Contracto r shall give all notices required by and shall comply wit h all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the Cit y shall not be responsible fo r monitoring Contractor’s co mpliance wit h any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to kno w that it is contrar y 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 28 of 63 court or arbitratio n or other dispute resolutio n costs) arising out of or relating to such Work. However , it shall not be Contractor’s responsibilit y to make certain that the Specifications and Drawings are in accordance wit h Laws and Regulat ions, but this shall no t relieve Contractor of Contractor’s obligations under Paragrap h 3.02. C. Changes in Laws or Regulations no t known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organizatio n whic h qualifie s fo r exemptio n pursuant to Texas Tax Code, Subchapter H, Section s 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials , supplie s and equipment used or consu med in the performance of thi s contract by issuing to his supplier an exe mptio n certificat e in lie u of the tax, said exe mptio n certificat e to co mply wit h Stat e Co mptroller’s Ruling .007. An y such exe mption certificat e issued to the Contractor in lie u of the tax shall be subject to and shall co mply wit h the provisio n of Stat e Co mptroller’s Ruling .011, and any other applicable ruling s pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permit s and infor matio n may be obtained fro m: https://comptroller.texas.gov/taxes/permit/ 6.12 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 Sit e and other areas per mitted by Laws and Regulations, and shall no t unreasonably encu mber the Sit e and other areas wit h constructio n equipment or other materials or equip ment . Contractor shall assu me full responsibilit y fo r any damage to any suc h land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting fro m 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 fo r proper execution of the Work, the Cit y may require the Contractor to finis h the sectio n on whic h operations are in progress before work is co mmenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 29 of 63 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 6.21, 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 Sit e and other areas free fro m accumulations of wast e materials, rubbish, and other debris. Removal and disposal of such wast e materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hour s after written notice is given to the Contractor that the clean-up on the jo b sit e is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the Cit y may take such direct actio n as the City dee ms appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the cost s of such direct action, plus 25 % of such costs, shall be deducted fro m the monies due or to beco me due to the Contractor. D. Final Site Cleaning: Prio r to Fina l Acceptance of the Work Contractor shall clea n the Sit e and the Work and make it ready for utilizatio n by Cit y or adjacent property owner. At the co mpletion of the Work Contractor shall remove fro m the Sit e all tools , appliances, constructio n equipment and machinery, and surplus materials and shall restore to original conditio n or better all property disturbed by the Work. E. Loading Structures: Contracto r shall not loa d no r per mit any part of any structur e to be loaded in any manner that will endanger the structure, no r shall Contracto r subjec t any part of the Work or adjacent propert y to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe plac e at the Sit e or in a plac e designated by the Contractor and approved by the City, one (1) record cop y of all Drawings , Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to sho w changes made during construction. These recor d document s together wit h all approved Sample s and a counterpart of all accepted Submittals will be available t o Cit y fo r reference. Upo n co mpletio n of the Work, these recor d documents, any operatio n and maintenance manuals, and Submittals will be delivered to Cit y prio r to Fina l Inspection. Contractor shall include accurate locations fo r buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible fo r initiating, maintaining and supervising all safety precautions and programs in connectio n wit h the Work. Such responsibilit y does no t relieve Subcontractors of their responsibilit y fo r the safety of persons or property in the performance of their work, no r for co mpliance wit h applicable safet y Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 30 of 63 take all necessary precautions fo r the safety of, and shall provide the necessary protection to prevent damage, injur y or loss to: 1. all persons on the Sit e or who may be affected by the Work; 2. all the Work and materials and equip ment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Sit e 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. Contracto r shall comply wit h all applicable Laws and Regulations relating to the safety of persons or property, or to the protectio n of persons or property fro m 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 utilit y owners when prosecution of the Work may affect them, and shall cooperate wit h them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply wit h the applicable requirement s of City’s safety programs, if any. D. Contractor shall infor m Cit y of the specific requ irement s of Contractor’s safet y program, if any, wit h whic h City’s employees and representatives must co mply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entit y directly or indirectly employed by any of them to perform any of the Work, or anyone fo r whose act s any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilitie s fo r safet y and fo r protectio n of the Work shall continue until such time as all the Work is completed and Cit y has accepted the Work. 6.15 Safety Representative Contractor shall infor m Cit y in writing of Contractor’s designated safet y representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible fo r coordinating any exchange of material safet y data sheet s or other hazard co mmunication infor matio n required to be made available to or exchanged between or among employers in accordance wit h Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safet y or protection of persons or the Work or property at the Sit e or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Cit y prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 31 of 63 changes in the Work or variations fro m the Contract Docu ment s have been caused thereby or are required as a result thereo f. If Cit y determines that a change in the Contract Document s is required because of the actio n taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request fro m the Cit y to rectify any discrepancies, omissions, or correctio n necessary to confor m wit h the requirement s of the Contract Documents, the Cit y shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant conditio n and request the Contractor to take remedia l actio n to correct the condition. In the event the Contractor does not take positive steps to fulfill this writte n request, or does no t sho w jus t cause fo r not taking the proper action, within 24 hours, the Cit y may take such remedia l actio n wit h Cit y forces or by contract. The City shall deduct an amount equal to the entir e cost s for such remedia l action, plus 25%, fro m any fund s due or beco me due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to Cit y for review and acceptance in accordance wit h the accepted Schedule of Submittals (as required by Paragrap h 2.07). Each sub mitta l will be identified as Cit y may require. 1. Submit nu mber of copie s specified in the General Requirements. 2. Dat a shown on the Submittals will be co mplet e wit h respect to quantities , dimensions, specifie d perfor mance and desig n criteria , materials , and simila r dat a to sho w Cit y the services, materials , and equipment Contracto r proposes to provid e and to enable Cit y to revie w the infor matio n fo r the li mite d purposes required by Paragraph 6.18.C. 3. Submittals submitte d as herein provided by Contractor and reviewed by Cit y for conformance wit h the desig n concept shall be executed in conformit y wit h the Contract Docu ment s unles s otherwis e required by City. 4. When Submittals are submitted for the purpose of showing the installatio n in greater detail, their review shall not excuse Contractor fro m requirement s shown on the Drawings and Specifications. 5. For -Infor mation-Only submittals upo n whic h the Cit y is not expected to conduct revie w or take responsive actio n may be so identifie d in the Contract Docu ments. 6. Submit required nu mber of Sample s specified in the Specifications. 7. Clearly identif y each Sample as to material, Supplier , pertinent dat a such as catalo g nu mbers, the use fo r whic h intended and othe r dat a as Cit y may require to enable Cit y to revie w the submitta l fo r the limite d purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 32 of 63 B. Where a Submittal is required by the Contract Document s or the Schedule of Submittals, any related Work perfor med prio r to City’s revie w and acceptance of the pertinent submitta l will be at the sole expense and responsibilit y of Contractor. C. City’s Review: 1. Cit y will provid e timely revie w of required Submittals in accordance wit h the Schedule of Submittals acceptable to City. City’s revie w and acceptance will be only to deter mine if the ite ms covered by the submittals will, after inst allatio n or incorporatio n in the Work, conform to the in formatio n give n in the Contract Document s and be co mpatible wit h the design concept of the co mplete d Project as a functioning whole as indicated by the Contract Docu ments. 2. City’s revie w and acceptance will no t extend to means, methods, techniques, sequences, or procedures of constructio n (except wher e a particula r means, method, technique, sequence, or procedur e of constructio n is specifically and expressly called fo r by the Contract Docu ments) or to safet y precautions or programs incident thereto . The revie w and acceptance of a separat e ite m as such will not indicat e approval of the assembly in whic h the item functions. 3. City’s review and acceptance shall not relieve Contractor fro m responsibilit y fo r any variatio n fro m the requirement s of the Contract Docu ment s unles s Contractor has co mplied wit h the requirement s of Sectio n 01 33 00 and Cit y has give n written acceptance of each such variatio n by specific written notatio n thereo f incorporated in or accompanying the Submittal. City’s review and acceptance shall no t relieve Contracto r fro m responsibilit y for co mplying wit h the require ment s of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreement s wit h City. No Work shall be delayed or postponed pending resolutio n of any disputes or disagreements, except as Cit y and Contractor may otherwise agree in writing. 6.20 Contractor’s General Warranty and Guarantee A. Contractor warrant s and guarantees to Cit y that all Work will be in accordance wit h the Contract Document s and will no t be defective. Cit y and it s officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warrant y and guarantee. B. Contractor’s warrant y and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operatio n by persons other than Contractor, Subcontractors, Suppliers, or any other individua l or entit y for who m Contracto r is responsible ; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 33 of 63 2. nor mal wear and tear under normal usage. C. Contractor’s obligatio n to perform and complet e the Work in accordance wit h the Contract Document s shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance wit h the Contract Document s or a release of Contractor’s obligatio n to perform the Work in accordance wit h the Contract Documents: 1. observations by City; 2. reco mmendatio n or payment by Cit y of any progress or fina l payment; 3. the issuance of a certificate of Final Acceptance by Cit y 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 7. any correctio n of defective Work by City. D. The Contractor shall remed y any defect s or da mages in the Work and pay fo r any damage to othe r wor k or propert y resulting therefro m whic h shall appear withi n a perio d of two (2) years fro m the dat e of Fina l Acceptance of the Work unles s a longer perio d is specified and shall furnis h a good and sufficient maintenance bond, complying wit h the requirement s of Article 5.02.B. The Cit y will give notic e of observed defects wit h reasonable pro mptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, fro m 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 suc h claim s 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation of Professional Design Services A. Contracto r will no t be required to provide professiona l design services unless such services are specifically required by the Contract Document s fo r a portio n of the Work or unless such services are required to carr y out Contractor’s responsibilities fo r constructio n means, methods, techniques, sequences and procedures. B. If professiona l desig n services or certifications by a desig n professiona l related to systems, materials or equip ment are specifically required of Contractor by the Contract Documents, City will specify all performance and desig n criteria that such services must satis fy. 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 pro fessional. Submittals related to the Work designed or certified by such pro fessional, if prepared by others, shall bear such pro fessional’s written approval when submitted to City. C. Cit y shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Cit y has specified to Contractor performance and desig n criteria that suc h services must satisfy. D. Pursuant to this Paragraph 6.22, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance wit h performance and desig n criteria give n and the desig n concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except desig n calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the Cit y shall, until the expiratio n 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 Cit y 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 audit s in co mpliance wit h the provisions of this Paragraph. The Cit y shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all it s subcontract s hereunder a provisio n to the effect that the subcontractor agrees that the Cit y shall, until the expiratio n 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 Cit y shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriat e work space in order to conduct audit s in co mpliance wit h the provisions of this Paragraph. The Cit y shall give Subcontracto r reasonable advance notic e of intended audits. C. Contractor and Subcontractor agree to photocopy such document s as may be requested by the City. The Cit y 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 perfor med. 6.24 Nondiscrimination A. The Cit y is responsible fo r operating Public Transportation Programs and imple menting transit - related projects, whic h are funded in part wit h Federal financial assistance awarded by the U.S. Depart ment of Transportatio n and the Federal Transit Ad ministration (FTA), without discriminating against any perso n in the United States on the basis of race, color , or national origin. B. Title VI , Civi l Right s Act of 1964 as amended: Contractor shall comply wit h the requirement s of the Act and the Regulations as further defined in the Supplementary Conditions fo r any project receiving Federal assistance. ARTICLE 7 – OTHER WORK AT THE SITE 7.01 Related Work at Site A. Cit y may perfor m other work related to the Project at the Sit e wit h City’s employees, or other Cit y contractors, or through other direct cont ract s therefor, or have other work performed by utilit y owners. If such other work is not noted in the Contract Documents, then written notice thereo f will be given to Contractor prio r to starting any such other work; and B. Contractor shall affor d each other contractor who is a party to such a direct contract, each utility owner, and City, if Cit y is performing other work wit h City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity fo r the introduction and storage of materials and equip ment and the execution of such other work, and properly coordinate the Work wit h theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make it s several parts co me together and properly integrat e wit h such other work. Contractor shall not endanger any work of other s by cutting, excavating, or otherwise altering such work; provided, however , that Contractor may cut or alter others' work wit h the written consent of Cit y and the others whose work will be affected. C. If the proper execution or result s of any part of Contractor’s Work depends upo n work performed by others under this Article 7, Contractor shall inspect such other work and pro mptly report to Cit y in writing any delays, defects, or deficienc ies in such other work that render it unavailable or unsuitable fo r the proper execution and result s of Contractor’s Work. Contractor’s failur e to so report will constitut e an acceptance of such other work as fit and proper for integratio n with Contractor’s Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 36 of 63 7.02 Coordination A. If Cit y intends to contract wit h others for the perfor mance of other work on the Project at the Site, the following will be set fort h in Supplementary Conditions: 1. the individual or entit y who will have autho rit y and responsibilit y fo r coordination of the activitie s among the variou s contractors will be identified; 2. the specific matter s to be covered by such authorit y and responsibilit y will be ite mized; and 3. the extent of such authorit y and responsibilitie s will be provided. B. Unless otherwise provided in the Supplementary Conditions, Cit y shall have authority fo r such coordination. ARTICLE 8 – CITY’S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, Cit y shall issue all communications to Contractor. 8.02 Furnish Data Cit y shall timely furnish the dat a required under the Contract Documents. 8.03 Pay When Due Cit y shall make payment s to Contractor in accordance wit h Article 14. 8.04 Lands and Easements; Reports and Tests City’s duties wit h respect to providing lands and easement s and providing engineering surveys to establish reference point s are set fort h in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City’s identifying and making available to Contractor copies of reports of explorations and tests of subsurfac e conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Sit e that have been utilized by Cit y in preparing the Contract Documents. 8.05 Change Orders Cit y shall execute Change Orders in accordance wit h Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City’s responsibilit y wit h respect to certain inspections, tests, and approvals is set fort h in Paragraph 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 37 of 63 8.07 Limitations on City’s Responsibilities A. The Cit y shall no t supervise, direct , or have contro l or authorit y over, no r be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or fo r any failur e of Contractor to co mply wit h Laws and Regulations applicable to the performance of the Work. Cit y will no t be responsible for Contractor’s failur e to perfor m the Work in accordance wit h the Contract Documents. B. Cit y will notify the Contracto r of applicable safet y plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City’s responsibilit y wit h respect to an undisclosed Hazardous Environmental Conditio n is set forth in Paragraph 4.06. 8.09 Compliance wit h Safety Program While at the Site, City’s employees and representatives shall comply wit h the specific applicable requirement s of Contractor’s safety programs of which Cit y has been informed pursuant to Paragraph 6.14. ARTICLE 9 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City’s Project Manager Cit y will provide one or more Project Manager(s) during the constructio n period. The duties and responsibilities and the limitations of authorit y of City’s Project Manager during construction are set forth in the Contract Documents. The City’s Project Manager for this Contract is identified in the Supplementary Conditions. 9.02 Visits to Site A. City’s Project Manager will make visit s to the Sit e at intervals appropriate to the various stages of constructio n as Cit y deems necessary in order to observe the progress that has been made and the quality of the various aspect s of Contractor’s executed Work. Based on informatio n obtained during such visit s and observations, City’s Project Manager will determine, in general, if the Work is proceeding in accordance wit h the Contract Documents. City’s Project Manager will not be required to make exhaustive or continuous inspections o n the Sit e to check the quality or quantity of the Work. City’s Project Manager’s efforts will be directed toward providing Cit y a greater degree of confidence that the co mpleted Work will conform generally to the Contract Documents. B. City’s Project Manager’s visit s and observations are subject to all the limitations on authorit y and responsibilit y in the Contract Document s including those set fort h in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 38 of 63 9.03 Authorized Variations in Work City’s Project Manager may authorize mino r variations in the Work fro m the requirement s of the Contract Docu ment s whic h do no t involve an adjust ment in the Contract Price or the Contract Time and are co mpatible wit h the design concept of the co mpleted Project as a functioning whole as indicated by the Contract Docu ments. These may be accomplished by a Field Order and will be binding on Cit y and als o on Contractor, who shall perfor m the Work involved promptly. 9.04 Rejectin g Defective Work Cit y will have authority to reject Work whic h Cit y’s Project Manager believes to be defective, or will not produce a co mplete d Project that conforms t o the Contract Document s or that will prejudice the integrit y of the design concept of the co mpleted Project as a functioning whole as indicated by the Contract Documents. Cit y will have authorit y to conduct special inspection or testing of the Work as provided in Article 13, whether or no t the Work is fabricated, installed, or co mpleted. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Manager will review wit h Contractor the preliminary determinations on such matters before rendering a written reco mmendation. City’s written decisio n will be final (except as modified to reflect changed factual conditions or more accurat e data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. Cit y will be the initia l interpreter of the requirement s of the Contract Document s and judge of the acceptabilit y of the Work thereunder. B. Cit y will render a written decisio n on any issue referred. C. City’s written decisio n on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 – CHANGES IN THE WORK ; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Cit y may, at any time or from time to time, order Extr a Work. Upo n notice of such Extr a Work, Contractor shall promptly proceed wit h the Work involved whic h will be perfor med under the applicable conditions of the Contract Docu ment s (except as otherwise specifically provided). Extr a Work shall be memorialized by a Change Order whic h may or may no t precede an order of Extr a work. B. Fo r mino r changes of Work no t requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time wit h respect to any work perfor med that is not required by the Contract Document s as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. Cit y and Contractor shall execute appropriat e Change Orders covering: 1. changes in the Work whic h are: (i) ordered by Cit y pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time fo r Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extr a Work, or as to the payment thereof, and the Cit y insist s upo n it s performance, the Contractor shall proceed wit h the work after making written request fo r written orders and shall keep accurat e account of the actual reasonable cost thereof. Contract Claims regarding Extr a Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the Cit y such installatio n records of all deviations fro m the original Contract Document s as may be necessary to enable the Cit y to prepare for permanent record a corrected set of plans showing the actual installation. C. The co mpensation agreed upo n for Extr a Work whether or no t initiated by a Change Order shall be a full, complet e and final payment for all cost s Contractor incurs as a result or relating to the change or Extr a Work, whether said cost s are known, unknown, foreseen or unforeseen at that time, including without limitation, any cost s for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extr a Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a suret y of any change affecting the general scope of the Work or the provisions of the Contract Document s (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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 40 of 63 10.06 Contract Claims Process A. City’s Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Cit y fo r decis ion. A decisio n by Cit y shall be required as a conditio n precedent to any exercise by Contractor of any right s or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to Cit y no later than 15 days after the start of the event giving rise thereto. The responsibilit y to substantiate a Contract Claim shall rest wit h the party making the Contract Clai m. 2. Notice of the amount or extent of the Contract Clai m, wit h supporting dat a shall be delivered to the Cit y on or befor e 45 days fro m the start of the event giving rise thereto (unless the City allows additiona l time fo r Contractor to submit additiona l or more accurat e data in support of such Contract Claim). 3. A Contract Claim fo r an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim fo r an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be acco mpanied by Contractor’s written statement that the adjust ment claimed is the entir e adjust ment to whic h the Contractor believes it is entitled as a result of said event. 6. The Cit y shall submit any response to the Contracto r within 30 days afte r receipt of the clai mant’s las t submittal (unles s Contract allow s additiona l time). C. City’s Actio n: Cit y will revie w each Contract Clai m and, within 30 days after receipt of the last submitta l of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the Cit y is unable to resolve the Contract Claim if, in the City’s sole discretion, it would be inappropriate for the Cit y to do so. Fo r purposes of further resolutio n of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 41 of 63 D. City’s written actio n under Paragraph 10.06.C will be final and binding, unless Cit y or Contractor invoke the dispute resolutio n procedure set fort h in Article 16 within 30 days of such actio n or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance wit h this Paragraph 10.06. ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum o f all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value o f any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additiona l or incre mental cost s required because of the change in the Work. Such cost s shall not include any of the cost s itemized in Paragraph 11.01.B, and shall include but no t be limited to the following items: 1. Payroll cost s fo r employees in the direct emplo y of Contractor in the performance of the Work under schedules of jo b classifications agreed upo n by Cit y and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll cost s fo r employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll cost s shall include; a. salaries wit h a 55% markup, or b. salaries and wages plus the cost of fringe benefits, whic h shall include socia l security contributions, unemployment , excise, and payroll taxes, workers’ co mpensation, health and retirement benefits, bonuses, sick leave, vacation and holida y pay applicable thereto. The expenses of perfor ming Work outside of Regular Working Hours, Weekend Working Hours, or lega l holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. 3. Rentals of all constructio n equip ment and machinery, and the part s thereo f whether rented fro m Contractor or other s in accordance wit h renta l agreement s approved by City, and the cost s of transportation, loading, unloading, assembly, dis mantling, and removal thereof. All such cost s shall be in accordance wit h the terms of said rental agreements. The rental of any such equipment , machinery, or part s shall cease when the use thereo f is no longe r necessary fo r the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 42 of 63 4. Payment s made by Contractor to Subcontractors fo r Work perfor med by Subcontractors. If required by City, Contractor shall obtain competitive bid s from subcontractors acceptable to Cit y and Contractor and shall deliver such bids to City, who will then determine, whic h bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contract or’s Cost of the Work and fee as provided in this Paragraph 11.01. 5. Cost s of special consultant s (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed fo r services specifically related to the Work. 6. Supplemental cost s including the following: a. The proportio n of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of dutie s connected wit h the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equip ment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, whic h are consumed in the perfor mance of the Work, and cost, less market value, of such ite ms used but no t consu med which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and fo r which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposit s lost fo r causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of the m or for whose act s any of them may be liable, and royalt y payment s and fees fo r permit s and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not co mpensated by insurance or otherwise, sustained by Contractor in connectio n wit h the perfor mance o f the Work, provided such losses and damages have resulted fro m causes othe r tha n the negligence of Contractor, any Subcontractor, or anyone directly or indirectl y employed by any o f them or for whose act s any of them may be liable. Such losses shall include settle ment s made wit h the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Mino r expenses such as telegrams, long distance telephone calls, telephone and co mmunicatio n services at the Site , express and courier services, and similar pett y cash ite ms in connectio n wit h the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 43 of 63 h. The cost s of premiu ms fo r all bonds and insurance Contractor is required by the Contract Docu ment s to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall no t include any of the following items: 1. Payrol l cost s and other co mpensation of Cont ractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Sit e or in Contractor’s principa l or branch office for general administration of the Work and not specifically included in the agreed upo n schedule of jo b classifications referred to in Paragrap h 11.01.A.1 or specifically covered by Paragrap h 11.01.A.4, all of whic h are to be considere d administrative cost s covered by the Contractor’s fee. 2. Expenses of Contractor’s principa l and branch office s other than Contractor’s offic e at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed fo r the Work and charges against Contractor fo r delinquent payments. 4. Cost s due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or fo r whose act s any of them may be liable , including but not limite d to, the correctio n of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Othe r overhead or general expense cost s of any kind. C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be deter mined as set fort h in the Agreement . When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set fort h in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereo f in accordance wit h generally accepted accounting practices and submit in a for m acceptable to City an ite mize d cost breakdown together wit h supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Document s and shall cause the Work so covered to be performed for such sums and by such persons or entitie s as may be acceptable to City. B. Pre-bi d Allowances: 1. Contracto r agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 44 of 63 a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor’s cost s fo r unloading and handling on the Site, labor , installation, overhead, profit , and other expenses conte mplate d fo r t he pre-bid allowances have been included in the allowances, and no demand fo r additiona l payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingenc y allowance, if any, is fo r the sole us e of City. D. Prio r to fina l payment , an appropriat e Change Order will be issued to reflect actual amount s due Contracto r on account of Work covered by allowances, and the Contract Pric e shall be correspondingly adjusted. 11.03 Uni t Price Work A. Wher e the Contract Docu ment s provide that all or part of the Work is to be Unit Pric e Work, initiall y the Contract Pric e will be deemed to includ e fo r all Unit Pric e Work an amount equal to the sum of the unit pric e fo r each separately identifie d ite m of Unit Pric e Work times the estimated quantit y of each ite m as indicate d in the Agreement. B. The estimated quantities of ite ms of Unit Pric e Work are not guaranteed and are solely for the purpose of co mpariso n of Bids and determining an initia l Contract Price. Determinations of the actual quantitie s and classifications of Unit Price Work performed by Contractor will be made by Cit y subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequat e to cover Contractor’s overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required fo r a functionally co mplet e installation, but no t identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. Cit y may make an adjust ment in the Contract Price in accordance wit h Paragraph 12.01 if: 1. the quantit y of any ite m of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement ; and 2. there is no corresponding adjust ment wit h respect to any other item of Work. E. Increased or Decreased Quantities: The Cit y reserves the right to order Extr a Work in accordance wit h Paragraph 10.01. 1. If the changes in quantities or the alterations do no t significantly change the character of work under the Contract Documents, the altered work will be paid fo r at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist , this will be considered Extr a Work and the Contract will be amended by a Change Order in accordance wit h Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differ s materially in kind or nature fro m that in the Contract or b. a Majo r Item of work varies by more than 25% fro m the origina l Contract quantity. 5. When the quantity of work to be done under any Majo r Item of the Contract is more than 125% of the original quantity stated in the Contract , then either part y to the Contract may request an adjust ment to the unit price on the portio n of the work that is above 125%. 6. When the quantit y of work to be done under any Majo r Item of the Contract is less than 75% of the original quantity stated in the Contract , then either part y to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may no t represent the exact quantit y of work per formed or material moved, handled, or placed during the execution of the Contract . The estimated bid quantities are designated as fina l payment quantities, unless revise d by the governing Sectio n or this Article. B. If the quantity measured as outlined under “Price and Payment Procedures” varies by more than 25% (or as stipulated under “Price and Payment Procedures” fo r specific Items) fro m the total estimated quantit y for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantit y of authorized work done for payment purposes. The part y to the Contract requesting the adjustment will provide field measurement s and calculations showing the final quantity for whic h payment will be made. Payment for revised quantit y will be made at the unit price bid fo r that Item, except as provided fo r in Article 10. C. When quantities are revised by a change in desig n approved by the City, by Change Order, or to correct an error, or to correct an erro r on t he plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantit y multiplie d by the unit price bid for an individual Item is les s than $250 and the Item is not originally a plan s quantity Item, then the Item may be paid as a plans quantit y Item if the Cit y and Contractor agree in writing to fix the fina l quantit y as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 46 of 63 E. Fo r callout work or non-sit e specific Contracts, the plans quantity measurement requirement s are not applicable. ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANG E OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be deter mined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is no t covered by unit prices contained in the Contract Documents, by a mutually agreed lu mp sum or unit price (which may include an allowance fo r overhead and profit no t necessarily in accordance wit h Paragraph 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extr a Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Docu ments and agreement to a lu mp su m or unit price is no t reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (deter mined as provided in Paragraph 11.01) plus a Contractor’s fee fo r overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor’s Fee: The Contractor’s additiona l fe e fo r overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is no t agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. fo r costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the Contractor’s additional fee shall be 15 percent except for: 1) rental fees fo r Contractor’s own equip ment using standard rental rates; 2) bond s and insurance; b. for cost s incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor’s fee shall be five percent (5%); 1) where one or more tier s of subcontract s are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 47 of 63 tier, will be paid a fee of 15 percent of the cost s incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of cost s ite mized under Paragraphs 11.01.A.6, and 11.01.B; d. the amount of credit to be allowed by Contractor to Cit y fo r any change whic h result s in a net decrease in cost will be the amount of the actua l net decrease in cost plu s a deduction in Contractor’s fe e by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extensio n of the Contract Time will be allowed for Extr a Work or for claimed dela y unless the Extr a Work contemplated or claimed dela y is shown to be on the critical path of the Project Schedule or Contractor can sho w by Critica l Pat h Metho d analysis ho w the Extr a Work or claimed dela y adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the perfor mance or co mplet ion of any part of the Work within the Contract Time due to dela y beyon d the contro l of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such dela y if a Contract Claim is made therefor. Delays beyond the contro l of Cont ractor shall include, but no t be limited to, acts or neglect by City, act s or neglect of utilit y owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or act s of God. Such an adjustment shall be Contractor’s sole and exclusive remedy fo r the delays described in this Paragraph. B. If Contractor is delayed, Cit y shall no t be liable to Contractor for any claims, costs, losses, or damages (including but no t li mited to all fees and charges of engineers, architects, attorneys, and othe r professionals and all court or arbitratio n or other dispute resolutio n costs) sustained by Contractor on or in connectio n wit h any other project or anticipated project. C. Contractor shall no t be entitled to an adjustment in Contract Price or Contract Time for delays within the contro l of Contractor. Delays attributable to and within the contro l of a Subcontractor or Supplier shall be deemed to be delays within the contro l of Contractor. D. The Contractor shall receive no co mpensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failur e of the Cit y to provide infor matio n or material, if any, whic h is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 48 of 63 ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of whic h Cit y has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected , or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies wit h jurisdictional interests will have access to the Sit e and the Work at reasonable times fo r their observation, inspection, and testing. Contractor shall provide them proper and safe conditions fo r such access and advise them of Contractor’s safet y procedures and programs so that they may comply therewit h as applicable. 13.03 Tests and Inspections A. Contractor shall give Cit y timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate wit h inspectio n and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdictio n require any of the Work (o r part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibilit y fo r arranging and obtaining such independent inspections , tests, retest s or approvals, pay all cost s in connectio n therewith, and furnis h Cit y the required certificates of inspectio n or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulatio n (TDLR) inspections , whic h shall be paid as describe d in the Supplementar y Conditions. C. Contracto r shall be responsible fo r arranging and obtaining and shall pay all cost s in connection wit h any inspections, tests, re-tests, or approvals required fo r City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prio r to Contractor’s purchase thereo f for incorporatio n in the Work. Such inspections , tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. Cit y may arrange fo r the services of an independent testing laborator y (“Testing Lab”) to perfor m any inspections or test s (“Testing”) fo r any part of the Work, as determined solely by City. 1. Cit y will coordinate such Testing to the extent possible, wit h Contractor; 2. Should any Testing under this Sectio n 13.03 D result in a “fail”, “did not pass” or other similar negative result , the Contracto r shall be responsible fo r paying fo r any and all retests. Contractor’s cancellation without cause of Cit y initiated Testing shall be deemed a negative result and requir e a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 49 of 63 3. Any amount s owed fo r any retest under this Sectio n 13.03 D shall be paid directly to the Testing Lab by Contractor. Cit y will forwar d all invoices fo r retest s to Contractor. 4. If Contractor fails to pay the Testing Lab, Cit y will not issue Fina l Payment until the Testing Lab is paid. E. If any Work (or the wor k 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 fo r observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Sectio n 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Document s or specific instructions by the City, it must, if requested by City, be uncovered for City’s observatio n and replaced at Contractor’s expense. B. If Cit y consider s it necessary or advisable that covered Work be observed by Cit y or inspected or tested by others, Contractor, at City’s request, shall uncover, expose, or otherwise make available fo r observation, inspection, or testing as Cit y may require, that portio n of the Work in question, furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay 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 resolutio n costs) arising out o f or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstructio n (including but not limited to all cost s of repair or replacement of work of others); or Cit y shall be entitled to accept defective Work in accordance wit h Paragraph 13.08 in whic h case Contractor shall still be responsible fo r all costs associated wit h exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contracto r shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement , and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contracto r fails to supply sufficient skilled workers or suitable materials or equip ment , or fails to per form the Work in such a way that the co mpleted Work will conform to the Contract Documents, Cit y may order Contractor to stop the Work, or any portio n thereo f, until the cause fo r such order has been eliminated; however, this right of Cit y to stop the Work shall not give rise to any dut y on the part of Cit y to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any suret y for, or employee or agent of any of them. 13.06 Correction or Remova l of Defective Work A. Pro mptly afte r receipt of written notice , Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or no t fabricat ed, installed , or co mpleted, or, if the Work has been rejected by City, remove it fro m the Projec t and replace it wit h Work that is no t defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limite d to all fee s and charges of engineers, architects, attorneys, and other professionals and all court or arbitratio n or other dispute resolutio n costs) arising out of or relating to such correction or removal (including but no t limited to all cost s of repair or replacement of work of others). Failur e to requir e the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no actio n that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. I f within two (2) years afte r t he dat e of Fina l Acceptance (or such longer perio d of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 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 Cit y or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to Cit y and in accordance wit h 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 fro m the Project and replace it wit h Work that is not defective, and 4. satisfactorily correct or repair or remove and replac e any damage to othe r Work, to the work of other s or othe r land or areas resulting therefro m. B. If Contractor does not pro mptly co mply wit h the ter ms of City’s writte n instructions, or in an emergency wher e dela y would cause seriou s ris k of los s or damage, Cit y 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 no t limite d to all fee s and charges of engineers, architects, attorneys , and othe r professionals and all court or other disput e resolutio n costs) arisin g out of or relating to such correctio n or repair or such remova l and replacement (including but no t limite d to all cost s of repair or replacement of wor k of others) will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 51 of 63 C. In special circumstances where a particular ite m of equipment is placed in continuous service befor e Fina l Acceptance of all the Work, the correctio n perio d fo r that item may start to run from an earlier dat e if so provided in the Contract Docu ments. D. Wher e defective Work (and damage to other Work resulting therefro m) has been corrected or removed and replaced under this Paragraph 13.07, the correctio n perio d hereunder wit h respect to such Work may be required to be extended fo r an additiona l perio d of one yea r afte r the end of the initia l correctio n period. Cit y shall provid e 30 days written notic e to Contractor should such additiona l warrant y coverage be required. Contractor may disput e this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor’s obligations under this Paragraph 13.07 are in additio n to any other obligatio n or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for , or a waiver of, the provisions of any applicable statute of limitatio n or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, Cit y prefers to accept it , Cit y may do so . Contractor shall pay all clai ms, 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 resolutio n costs) attributable to City’s evaluatio n of and determinatio n to accept such defective Work and for the diminished value of the Work to the extent no t otherwise paid by Contractor. If any such acceptance occurs prio r to Fina l Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Document s wit h respect to the Work, and Cit y shall be entitled to an appropriat e decrease in the Contract Price, reflecting the diminished value o f Work so accepted. 13.09 City May Correct Defective Work A. If Contracto r fails within a reasonable time after written notice from Cit y to correct defective Work, or to remove and replace rejected Work as required by Cit y in accordance wit h Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance wit h the Contract Documents, or if Contracto r fails to co mply wit h any other provisio n of the Contract Documents, Cit y may, after seven (7) days writte n notic e to Contractor, correct , or remedy any such deficiency. B. In exercising the right s and remedies under this Paragraph 13.09, Cit y shall proceed expeditiously. In connectio n wit h such cor rective or remedia l action, Cit y may exclude Contractor fro m all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporat e in the Work all materials and equipment incorporated in the Work, stored at the Sit e or for whic h Cit y has paid Contractor but whic h are stored elsewhere. Contractor shall allo w City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Sit e to enable Cit y 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 52 of 63 costs) incurred or sustained by Cit y in exercising the right s 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 Document s wit h respect to the Work; and Cit y shall be entitled to an appropriat e decrease in the Contract Price. D. Contractor shall not be allowed an extensio n of the Contract Time because of any dela y in the perfor mance of the Work attributable to the exercise of City’s right s and remedie s under this Paragrap h 13.09. ARTICLE 14 – PAYMENTS TO CONTRACTO R AND COMPLETION 14.01 Schedule of Values The Schedule of Value s fo r lu mp su m contract s established as provided in Paragraph 2.07 will serve as the basis for progress payment s and will be inc orporated int o a form of Applicatio n for Payment acceptable to City. Progress payment s on account of Unit Pric e Work will be based on the number of unit s co mpleted. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible fo r providing all informatio n as required to beco me a vendo r of the City. 2. At least 20 days befor e the date established in the General Requirement s fo r each progress payment , Contractor shall submit to Cit y for review an Applicatio n for Payment filled out and signe d by Contractor covering the Work co mpleted as of the dat e of the Applicatio n and acco mpanied by such supporting documentation as is required by the Contract Docu ments. 3. If payment is requeste d on the basis of materials and equipment no t incorporated in the Work but delivered and suitably stored at the Sit e or at another locatio n agreed to in writing, the Application fo r Payment shall also be acco mpanied by a bill of sale, invoice, or other documentation warranting that Cit y has received the materials and equip ment free and clear o f all Liens and evidence that the materia ls and equipment are covered by appropriate insurance or other arrangement s to protect Cit y’s interest therein, all of whic h must be satisfactory to City. 4. Beginning wit h the second Applicatio n fo r Payment, each Applicatio n shall include an affidavit of Contracto r stat ing that previous progress payment s received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated wit h prio r Applications fo r Payment. 5. The amount of retainage wit h respect to progress payment s will be as described in subsection C. unless otherwise stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 53 of 63 B. Review of Applications: 1. Cit y will, after receipt of each Application fo r Payment , eithe r indicate in writing a reco mmendatio n of payment or retur n the Applicatio n to Contractor indicating reasons for refusing payment . In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City’s processing of any payment requested in an Applicatio n for Payment will be based on City’s observations of the executed Work, and on City’s revie w of the Applicatio n for Payment and the acco mpanying dat a and schedules, that to the best of City’s knowledge: a. the Work has progressed to the point indicated; b. the qualit y of the Work is generally in accordance wit h the Contract Document s (subject to an evaluatio n of the Work as a funct ioning whole prio r to or upo n Fina l Acceptance, the result s of any subsequent test s called fo r in the Contract Docu ments, a final deter minatio n of quantitie s and classificat ions fo r Work performed under Paragrap h 9.05, and any other qualifications stated in the reco mmendation). 3. Processing any such payment will no t thereby be deemed to have represented that: a. inspections made to check the quality or the quantit y of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Cit y in the Contract Documents; or b. there may not be other matters or issues bet ween the parties that might entitle Contractor to be paid additionall y by Cit y or entitle Cit y to withhold payment to Contractor; or c. Contractor has co mplied wit h Laws and Regulations applicable to Contractor’s performance of the Work. 4. Cit y may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the result s of subsequent inspections or tests, and revise or revoke any such payment previously made, to such ext ent as may be necessary to protect Cit y from loss because: a. the Work is defective or co mpleted Work has been damaged by the Contracto r or subcontractors requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. Cit y has been required to correct defective Work or co mplet e Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 54 of 63 e. Cit y has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. Fo r contract s less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. Fo r contract s greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. Fo r each calendar day that any work shall remain unco mpleted after the time specified in the Contract Docu ments, the sum per day specified in the Agreement will be assessed against the monie s due the Contractor, no t as a penalty, but as damages suffered by the City. E. Payment : Contractor will be paid pursuant to the requirement s of this Article 14 and payment will beco me due in accordance wit h the Contract Docu ments. F. Reduction in Payment: 1. Cit y may refuse to make payment of the amount requested because: a. Liens have been filed in connectio n wit h the Work, except where Contractor has delivered a specific bond satisfactory to Cit y to secure the satisfaction and discharge of such Liens; b. ther e are other ite ms entitling Cit y to a set -off against the amount reco mmended; or c. Cit y has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If Cit y refuse s to make payment of the amount requested, Cit y will give Contracto r written notic e stating the reasons fo r such actio n and pay Contractor any amount remaining after deduction of the amount so withheld . Cit y shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by Cit y and Contractor, when Contractor remedie s the reasons fo r such action. 14.03 Contractor’s Warranty of Title Contractor warrant s and guarantees that title to all Work, materials, and equipment covered by any Applicatio n for Payment , whether incorporated in the Project or not , will pass to Cit y no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 55 of 63 14.04 Partial Utilization A. Prio r to Final Acceptance of all the Work, Cit y may use or occupy any part of the Work whic h has specifically been identified in the Contract Docu ments, or which City determines constitutes a separately functioning and usable part of the Work that can be used for it s intended purpose without significant interference wit h Contractor’s performance of the remainder of the Work. Cit y at any time may notify Contractor in writing to permit Cit y to use or occupy any such part of the Work whic h Cit y determines to be ready fo r its intended use, subject to the following conditions: 1. Contractor at any time may notify Cit y in writing that Contractor consider s any such part of the Work ready fo r it s intended use. 2. Within a reasonable time after notificatio n as enu merated in Paragraph 14.05.A.1, Cit y and Contractor shall make an inspection of that part of the Work to determine it s status of co mpletion. If Cit y does no t consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partia l Utilizatio n will no t constitut e Final Acceptance by City. 14.05 Final Inspection A. Upo n written notice fro m Contractor that the entir e Work is Substantially Complet e in accordance wit h the Contract Documents: 1. Within 10 days, Cit y will schedule a Final Inspectio n wit h Contractor. 2. Cit y will notify Contractor in writing of all particulars in whic h this inspectio n reveals that the Work is inco mplet e or defective (“Punch List Items”). Contractor shall immediately take such measures as are necessary to co mplet e such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said dat e of notification to the City of Substantial Completion and the dat e of Fina l Inspection. 1. Should the Cit y determine that the Work is not read y fo r Final Inspection, Cit y will notify the Contracto r in writing of the reasons and Contract Time will resume. 2. Should the City concur that Substantial Completion has been achieved with the exception of any Punch List Items, Contract Time will resume for the duration it takes for Contractor to achieve Final Acceptance. 14.06 Final Acceptance Upo n co mpletio n by Contractor to City’s satisfaction, of any additiona l Work identified in the Final Inspection , Cit y will issue to Contracto r a letter of Fina l Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. Application for Payment: 1. Upo n Fina l Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure fo r progress payment s in accordance wit h the Contract Documents. 2. The final Applicatio n fo r Payment shall be accompanied (except as previously delivered) by: a. all documentation called fo r in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to fina l payment; c. a lis t of all pending or released Damage Clai ms against Cit y that Contractor believes are unsettled ; and d. affidavit s of payment s for employees, subcontractors, and suppliers; and co mplet e and legally effective releases or waivers (satisfactory to City) of all Lie n right s aris ing out of or Liens filed in connectio n wit h the Work . B. Payment Becomes Due: 1. Afte r City’s acceptance of the Applicatio n fo r Payment and accompanying documentation, requested by Contractor, les s previous payment s made and any sum Cit y is entitled, including but not limite d to liquidate d damages, will beco me due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Clai m has been reported to Contractor’s insurance provider fo r resolution. 3. The making of the final payment by the Cit y shall not relieve the Contracto r of any guarantees or other requirement s of the Cont ract Document s whic h specifically continue thereafter. 14.08 Final Completion Delayed and Partia l Retainage Release A. If fina l co mpletio n of the Work is significantly delayed, and if Cit y so confir ms, Cit y may, upon receipt of Contractor’s fina l Applicatio n fo r Payment , and without terminating the Contract, make payment of the balance due fo r that port ion of the Work fully completed and accepted. If the remaining balance to be held by Cit y for Work not fully completed or corrected is les s than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the suret y to the payment of the balance due fo r that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 57 of 63 portio n of the Work fully completed and accepted shall be submitted by Contractor to Cit y with the Applicatio n fo r suc h payment . Such payment shall be made under the ter ms and conditions governing fina l payment , except that it shall not constitute a waive r of Contract Claims. B. Partial Retainage Release. Fo r a Contract that provides fo r a separat e vegetative establishment and maintenance, and test and performance period s following the co mpletio n of all other constructio n in the Contract Docu ment s fo r all Work locations , the Cit y may release a portio n of the amount retained provided that all other wor k is co mpleted as determined by the City. Before the release, all submittals and final quantities must be co mpleted and accepted for all other work. An amount sufficient to ensur e Contract co mplianc e will be retained. 14.09 Waiver of Claims The acceptance of fina l payment will constitut e a re lease of the Cit y fro m all claims or liabilities under the Contract fo r anything done or furnished or relating to the work under the Contract Docu ment s or any act or neglect of Cit y related to or connected wit h the Contract. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, Cit y may suspend the Work or any portio n thereo f by written notic e to Contractor and whic h may fix the dat e on whic h Work will be resumed. Contractor shall resume the Work on the dat e so fixed. During temporary suspension of the Work covered by these Contract Documents, fo r any reason, the Cit y will make no extr a payment for stand-by time o f constructio n equipment and/or constructio n crews. B. Should the Contracto r no t be able to co mplet e a portio n of the Project due to causes beyond the contro l of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and Cit y that a solutio n to allo w constructio n to proceed is not available within a reasonable perio d 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 fo r an indefinit e period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily no r beco me damaged in any way, and he shall take every precaution to prevent damage or deterioratio n of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed fo r the cost of moving his equipment off the jo b and returning the necessary equipment to the jo b when it is determined by the Cit y that constructio n may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no pro fit will be allowed. Reimbursement may not be allowed if the equipment is moved to another constructio n project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 58 of 63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following event s by way of example, but no t of limitation, may justif y ter minatio n fo r cause: 1. Contractor’s persistent failur e to perform the Work in accordance wit h the Contract Document s (including, but no t limited to, failure to supply sufficient skilled workers or suitable materials or equipment , failur e to adhere to the Project Schedule established under Paragraph 2.07 as adjusted fro m time to time pursuant to Paragraph 6.04, or failur e to adhere to the City’s Business Diversity Enterprise Ordinance #20020-12-2011established under Paragraph 6.06.D); 2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor’s repeated disregard of the authorit y of City; or 4. Contractor’s violatio n in any substantial way of any provisions of the Contract Documents; or 5. Contractor’s failur e to pro mptly make good any defect in materials or work manship, or defects of any nature, the correctio n of whic h has been directed in writing by the City; or 6. Substantial indicatio n that the Contracto r has made an unauthorized assignment of the Contract or any funds due therefro m fo r the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor co mmences lega l action in a court of co mpetent jurisdictio n against the City. B. If one or more of the event s identified in Paragraph 15.02A. occur, Cit y will provide written notice to Contractor and Suret y to arrange a conference wit h Contractor and Suret y to address Contractor's failur e to perfor m the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Suret y do no t agree to allo w the Contractor to proceed to perform the constructio n Contract , the Cit y may, to the extent permitted by Laws and Regulations , declare a Contractor default and formally ter minat e the Contractor 's right to co mplet e the Contract . Contractor default shall no t be declared earlier than 20 days after the Contracto r and Suret y have received notic e of conference to address Contractor's failur e to perfor m the Work. 2. If Contractor's services are terminated, Suret y shall be obligated to take over and perform the Work. If Suret y does no t co mmence performance thereo f within 15 consecutive calendar days after dat e of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 59 of 63 obligations, then City, without process or actio n at law, may take over any portio n of the Work and co mplet e it as described below. a. If Cit y completes the Work, Cit y may exclude Contractor and Suret y fro m the sit e and take possession of the Work, and all materials and equipment incorporated int o the Work stored at the Sit e or for whic h Cit y has paid Contractor or Suret y but whic h are stored elsewhere, and finis h the Work as Cit y may deem expedient. 3. Whether Cit y or Suret y completes the Work, Contractor shall no t be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by Cit y arising out of or resulting from co mpleting the Work, such excess will be paid t o Contractor. If such clai ms, costs, losses and damages exceed such unpaid balance, Contracto r shall pay the difference to City. Such claims, costs, losses and damages incurr ed by Cit y will be incorporated in a Change Order, provided that when exercising any right s or remedies under this Paragraph, Cit y shall not be required to obtain the lowest price fo r the Work performed. 4. Neithe r City, no r any of it s respective consult ants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Suret y fo r the metho d by which the co mpletio n of the said Work, or any portion thereof, may be accomplished or fo r the price paid therefor. 5. City, notwithstanding the metho d used in completing the Contract , shall not forfeit the right to recover damages fro m Contractor or Suret y for Contractor's failure to timely co mplet e the entir e Contract . Contractor shall no t be entitled to any claim on account of the metho d used by Cit y in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided fo r in the bond requirement s of the Contract Document s or any special guarantees provided fo r under the Contract Document s or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminat e to correct it s failur e to perform and proceeds diligently to cur e such failur e within no more than 30 days of receipt of said notice. D. Wher e Contractor’s service s have bee n so ter minated by City, the terminatio n will not affect any right s or remedie s of Cit y against Contractor t hen existing or whic h may thereafter accrue. Any retentio n or payment of moneys due Contractor by Cit y will not release Contractor from liability. E. If and to the extent that Contractor has provided a perfor mance bond under the provisions of Paragrap h 5.02, the terminatio n procedures of that bond shall not supersed e the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 60 of 63 15.03 City May Terminate For Convenience A. Cit y may, without cause and without prejudice to any other right or remedy of City, terminat e the Contract. Any terminatio n shall be effected by mailing a notice of the terminatio n to the Contractor specifying the extent to whic h performance of Work under the contract is terminated, and the dat e upo n whic h such terminatio n beco mes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Servic e Mail by the City. Further, it shall be deemed conclusively presumed and established that such ter minatio n is made wit h just cause as therein stated; and no proo f in any claim, demand or suit shall be required of the Cit y regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop wor k under the Contract on the date and to the extent specified in the notice of ter mination; 2. plac e no further orders or subcontract s fo r materials, services or facilities except as may be necessary fo r co mpletio n of such portio n of the Work under the Contract as is no t ter minated; 3. ter minat e all order s and subcontract s to the extent that the y relat e to the per formance of the Work ter minated by notic e of ter mination; 4. transfe r title to the Cit y and deliver in the manner , at the times, and to the extent , if any, directe d by the City: a. the fabricated or unfabricated parts, Work in progress, co mplete d Work, supplies and othe r materia l produced as a part of, or acquire d in connectio n wit h the performance of, the Work terminated by the notic e of the ter mination; and b. the co mpleted, or partially completed plans, drawings, infor matio n and other property which, if the Contract had been co mpleted, would have been required to be furnished to the City. 5. co mplet e performance of such Work as shall no t have been terminated by the notice of ter mination; and 6. take such actio n as may be necessary, or as the Cit y may direct , for the protectio n and preservation of the property related to it s contract whic h is in the possession of the Contractor and in whic h the owner has or may acquire the rest. C. At a time not later than 30 days after the terminatio n dat e specified in the notice of termination, the Contractor may submit to the Cit y a list , certifie d as to quantit y and quality, of any or all ite ms of terminatio n inventory not previously disposed of, exclusive of items the dispositio n of whic h has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 61 of 63 D. Not later than 15 days thereafter, the Cit y shall accept title to such items provided, that the list submitted shall be subject to verificatio n by the Cit y upo n removal of the items or, if the ite ms are stored, within 45 days fro m the dat e of submissio n of the list , and any necessary adjust ments to correct the list as submitted, shall be made prior to final settle ment. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the Cit y in the form and wit h the certification prescribed by the City. Unles s an extensio n is made in writing within such 60 day perio d by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid fo r (without duplicatio n of any items): 1. co mpleted and acceptable Work executed in accordance wit h the Contract Document s prior to the effective dat e of termination, including fair and reasonable sums fo r overhead and profit on such Work; 2. expenses sustained prio r to the effective date of terminatio n in performing services and furnishing labor , materials , or equip ment as required by the Contract Docu ment s in connection wit h unco mpleted Work, plus fair and reasonable sums fo r overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failur e of the Contracto r and Cit y to agree upo n the whole amount to be paid to the Contractor by reason of the terminatio n of the Work, the Cit y shall determine, on the basis of infor matio n available to it , the amount , if any, due to the Contractor by reason of the ter minatio n and shall pay to the Contractor the amount s determined. Contractor shall not be paid on account of loss of anticipated profit s or revenue or other econo mic loss arising out of or resulting fro m such termination. ARTICLE 16 – DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Cit y or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 befor e such decisio n becomes final and binding. The request for mediatio n shall be submitted to the other part y to the Contract . Timely submissio n of the request shall stay the effect of Paragraph 10.06.E. B. Cit y and Contracto r shall participat e in the mediatio n process in good faith. The process shall be co mmenced within 60 days of filing of the request. C. If the Contract Claim is no t resolve d by mediation, City’s action under Paragraph 10.06.C or a denia l pursuant to Paragraphs 10.06.C.3 or 10.06.D shall beco me fina l and binding 30 days after ter minatio n of the mediatio n unless, within that time period, Cit y or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 62 of 63 1. elects in writing to invoke any other dispute resolutio n process provided for in the Supplementar y Conditions ; or 2. agrees wit h the other part y to sub mit the Contract Claim to another dispute resolution process; or 3. give s writte n notic e to the other part y of the intent to submit the Contract Claim to a court of co mpetent jurisdiction. ARTICLE 17 – MISCELLANEOUS 17.01 Giving Notice A. Whenever any provisio n of the Contract Document s requires the giving of written notice, it will be deemed to have been validly give n if: 1. delivered in perso n to the individual or to a member of the fir m or to an officer of the corporatio n fo r who m it is intended; or 2. delivered at or sent by registered or certified mail, postag e prepaid, to the las t business address known to the give r of the notice. B. Business address changes must be pro mptly made in writing to the other party. C. Whenever the Contract Document s specifies giving notice by electronic means such electronic notice shall be deemed sufficient upo n confir matio n of receipt by the receiving party. 17.02 Computation of Times When any perio d of time is referred to in the Contract Document s by days, it will be computed to exclud e the firs t and includ e the las t day of suc h period. If the las t day of any such perio d falls on a Saturday or Sunday or on a day made a lega l holida y the next Working Day shall beco me the last da y of the period. 17.03 Cumulative Remedies The dutie s and obligations imposed by these General Conditions and the right s and remedies available hereunder to the partie s heret o ar e in additio n to, and are no t to be construed in any way as a limitatio n of, any right s and remedie s available to any or all of them whic h are otherwise imposed or available by Laws or Regulations, by specia l 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 Document s in connectio n wit h each particular duty, obligation, right , and remedy to whic h they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 63 of 63 17.04 Survival of Obligations All representations, inde mnifications, warranties, and guarantees made in, required by, or give n in accordance wit h the Contract Docu ments, as well as all continuing obligations indicated in the Contract Docu ments, will survive fina l payment , co mpletion, and acceptance of the Work or ter minatio n or co mpletio n of the Contract or terminatio n of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted fo r convenience only and do not constitute part s of these General Conditions. 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 SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 SECTION 01 11 00 SUMMARY OF WORK PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Summary of Work to be performed in accordance with the Contract Documents B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1 - General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 11 00 - 2 SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. c. If the street is occupied by railroad tracks, the Work shall be carried on in such manner as not to interfere with the operation of the railroad. 1) All Work shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Work within Easements 1. Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 2. Do not store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the City. 3. Unless specifically provided otherwise, clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the Work as a part of the project construction operations. 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the Work. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work within easements, including removal, temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 11 00 - 3 SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 25 00 - 1 SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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, McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 25 00 - 2 SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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, the resulting cost and/or time reduction will be documented by Change Order in accordance with the General Conditions. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 25 00 - 3 SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 4. No additional contract time will be given for substitution. 5. 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 City’s opinion, acceptance will require substantial revision of the original design d. In the City’s opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 25 00 - 4 SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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 McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 31 19 - 1 PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised August 17, 2012 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. 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. 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 execution of the Agreement and before Work is started. 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. Project Representative 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 McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 31 19 - 2 PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised August 17, 2012 e. Other City representatives f. Others as appropriate 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section 01 32 16 and provide at Preconstruction Meeting. b. City will notify Contractor of any schedule changes upon Notice of Preconstruction Meeting. 5. 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. M/WBE or MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 31 19 - 3 PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised August 17, 2012 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 33 00 - 1 SUBMITTALS Page 1 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 SECTION 01 33 00 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. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 33 00 - 2 SUBMITTALS Page 2 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 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 McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 33 00 - 3 SUBMITTALS Page 3 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 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 McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 33 00 - 4 SUBMITTALS Page 4 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 33 00 - 5 SUBMITTALS Page 5 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 33 00 - 6 SUBMITTALS Page 6 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 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 City at least 7 Calendar Days prior to release for manufacture. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 33 00 - 7 SUBMITTALS Page 7 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 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. Use the Request for Information (RFI) form provided by the City. 3. Numbering of RFI a. Prefix with “RFI” followed by series number, “-xxx”, beginning with “01” and increasing sequentially with each additional transmittal. 4. Sufficient information shall be attached to permit a written response without further information. 5. The City will log each request and will review the request. a. If review of the project information request indicates that a change to the Contract Documents is required, the City will issue a Field Order or Change Order, as appropriate. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 33 00 - 8 SUBMITTALS Page 8 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 45 23 TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised March 9, 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 external FTP site approved by the City. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 45 23 TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised March 9, 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 3/9/2020 D.V. Magaña Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City’s document management system. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 50 00 - 1 TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [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 McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 50 00 - 2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [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 McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 50 00 - 3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [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 McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 50 00 - 4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [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 McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 55 26 - 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised March 22, 2021 SECTION 01 55 26 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes : 5 1. Administrative procedures for: 6 a. Street Use Permit 7 b. Modification of approved traffic control 8 c. Removal of Street Signs 9 B. Deviations from this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sectio ns include, but are not necessarily limited to: 12 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 – General Requirements 14 3. Section 34 71 13 – Traffic Control 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is consid ered subsidiary to the various Items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Reference Standards 21 1. Reference standards cited in this specification refer to the current reference standard 22 published at the time of the latest revision date logged at the end of this 23 specification, unless a date is specifically cited. 24 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 25 1.4 ADMINISTRATIVE REQUI REMENTS 26 A. Traffic Control 27 1. General 28 a. Contractor shall minimize lane closures and impact to vehicular/pedestrian 29 traffic. 30 b. When traffic control plans are included in the Drawings , provide Traffic 31 Control in accordance with Drawings and Section 34 71 13. 32 c. When traffic control plans are not included in the Drawings , prepare traffic 33 control plans in accordance with Section 34 71 13 and submit to City for 34 review. 35 1) Allow minimum 10 working days for review of proposed Traffic Control. 36 McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 55 26 - 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised March 22, 2021 2) A t raffic control “Typical” published by City of Fort Worth, the Texas 1 Manual Unified Traffic Control Devices (TMUTCD) or Texas Department 2 of Transportation (TxDOT) can be used as an alternative to preparing 3 project/site specific traffic control plan if the typical is applicable to the 4 specific project/site. 5 B. Street Use Permit 6 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 7 a. To obtain Street Use Permit, s ubmit Traffic Control Plans to City 8 Transportation and Public Works Department. 9 1) Allow a minimum of 5 working days for permit review. 10 2) It is the Contractor’s responsibility to coordinate review of Traffic Control 11 plans for Street Use Permit, such that construction is not delayed. 12 C. Modification to Approved Traffic Control 13 1. Prior to installation traffic control: 14 a. Submit revised traffic control plans to City Department Transportation and 15 Public Works Department. 16 1) Revise Traffic Control plans in accordance with Section 34 71 13. 17 2) Allow minimum 5 working days for review of revised Traffic Control. 18 3) It is the Contractor’s responsibility to coordinate review of Traffic Control 19 plans for Street Use Permit, such that construction is not delayed. 20 D. Removal of Street Sign 21 1. If it is determined that a street sign must be removed for construction, then contact 22 City Transportation and Public Works Department, Signs and Markings Division to 23 remove the sign. 24 E. Temporary Signage 25 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 26 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 27 Devices (MUTCD). 28 2. Install temporary sign before the removal of permanent sign. 29 3. When construction is complete, to the extent that the permanent sign can be 30 reinstalled, contact the City Transportation and Public Works Department, Signs 31 and Markings Division, to reinstall the permanent sign. 32 F. Traffic Control Standards 33 1. Traffic Control Standards can be found on the City’s website. 34 1.5 SUBMITTALS [NOT USED] 35 A. Submit all required documentation to City’s Project Representative. 36 McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 55 26 - 3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised March 22, 2021 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTA LS [NOT USED] 1 1.7 CLOSEOUT SUBMITTALS [NOT USED] 2 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 3 1.9 QUALITY ASSURANCE [NOT USED] 4 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 5 1.11 FIELD [SITE] CONDITIONS [NOT USED] 6 1.12 WARRANTY [NOT USED] 7 PART 2 - PRODUCTS [NOT USED ] 8 PART 3 - EXECUTION [NOT USED ] 9 END OF SECTION 10 11 Revision Log DATE NAME SUMMARY OF CHANGE 3/22/2021 M Owen 1.4 A. Added language to emphasize minimizing of lane closures and impact to traffic. 1.4 A. 1. c. Added language to allow for use of published traffic control “Typicals” if applicable to specific project/site. 1.4 F. 1) Removed reference to Buzzsaw 1.5 Added language re : submittal of permit 12 McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 57 13 - 1 STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 SECTION 01 57 13 STORM WATER POLLUTION PREVENTION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 31 25 00 – Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 57 13 - 2 STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP 1. Submit in accordance with Section 01 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 57 13 - 3 STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 01 33 00. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 58 13 - 1 TEMPORARY PROJECT SIGNAGE Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 SECTION 01 58 13 TEMPORARY PROJECT SIGNAGE PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Temporary Project Signage Requirements 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, STORAGE, AND HANDLING [NOT USED] 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 EQUIPMENT, PRODUCT TYPES, AND MATERIALS A. Design Criteria 1. Provide free standing Project Designation Sign in accordance with City’s Standard Details for project signs. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 58 13 - 2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 B. Materials 1. Sign a. Constructed of ¾-inch fir plywood, grade A-C (exterior) or better 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 INSTALLATION A. General 1. Provide vertical installation at extents of project. 2. Relocate sign as needed, upon request of the City. B. Mounting options a. Skids b. Posts c. Barricade 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 A. General 1. Maintenance will include painting and repairs as needed or directed by the City. 3.14 ATTACHMENTS [NOT USED] END OF SECTION McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 58 13 - 3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 60 00 PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised March 9, 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. 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 B. 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. C. 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. D. 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. E. See Section 01 33 00 for submittal requirements of Product Data included on City’s Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 60 00 PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised March 9, 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 3/9/2020 D.V. Magaña Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City’s website. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 66 00 - 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 66 00 - 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer’s recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer’s recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City’s Project Representative. 5. Provide off-site storage and protection when on-site storage is not adequate. a. Provide addresses of and access to off-site storage locations for inspection by City’s Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers’ unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City’s Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City’s Project Representative. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 66 00 - 3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 66 00 - 4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 70 00 - 1 MOBILIZATION AND REMOBILIZATION Page 1 of 4 CITY OF FORT WORTH McPherson Crossing Lot 1B, Block 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 105829 Revised November 22, 2016 SECTION 01 70 00 1 MOBILIZATION AND REMOBILIZATION 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Mobilization and Demobilization 6 a. Mobilization 7 1) Transportation of Contractor’s personnel, equipment, and operating supplies 8 to the Site 9 2) Establishment of necessary general facilities for the Contractor’s operation 10 at the Site 11 3) Premiums paid for performance and payment bonds 12 4) Transportation of Contractor’s personnel, equipment, and operating supplies 13 to another location within the designated Site 14 5) Relocation of necessary general facilities for the Contractor’s operation 15 from 1 location to another location on the Site. 16 b. Demobilization 17 1) Transportation of Contractor’s personnel, equipment, and operating supplies 18 away from the Site including disassembly 19 2) Site Clean-up 20 3) Removal of all buildings and/or other facilities assembled at the Site for this 21 Contract 22 c. Mobilization and Demobilization do not include activities for specific items of 23 work that are for which payment is provided elsewhere in the contract. 24 2. Remobilization 25 a. Remobilization for Suspension of Work specifically required in the Contract 26 Documents or as required by City includes: 27 1) Demobilization 28 a) Transportation of Contractor’s personnel, equipment, and operating 29 supplies from the Site including disassembly or temporarily securing 30 equipment, supplies, and other facilities as designated by the Contract 31 Documents necessary to suspend the Work. 32 b) Site Clean-up as designated in the Contract Documents 33 2) Remobilization 34 a) Transportation of Contractor’s personnel, equipment, and operating 35 supplies to the Site necessary to resume the Work. 36 b) Establishment of necessary general facilities for the Contractor’s 37 operation at the Site necessary to resume the Work. 38 3) No Payments will be made for: 39 a) Mobilization and Demobilization from one location to another on the 40 Site in the normal progress of performing the Work. 41 b) Stand-by or idle time 42 c) Lost profits 43 3. Mobilizations and Demobilization for Miscellaneous Projects 44 a. Mobilization and Demobilization 45 01 70 00 - 2 MOBILIZATION AND REMOBILIZATION Page 2 of 4 CITY OF FORT WORTH McPherson Crossing Lot 1B, Block 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 105829 Revised November 22, 2016 1) Mobilization shall consist of the activities and cost on a Work Order basis 1 necessary for: 2 a) Transportation of Contractor’s personnel, equipment, and operating 3 supplies to the Site for the issued Work Order. 4 b) Establishment of necessary general facilities for the Contractor’s 5 operation at the Site for the issued Work Order 6 2) Demobilization shall consist of the activities and cost necessary for: 7 a) Transportation of Contractor’s personnel, equipment, and operating 8 supplies from the Site including disassembly for each issued Work 9 Order 10 b) Site Clean-up for each issued Work Order 11 c) Removal of all buildings or other facilities assembled at the Site for 12 each Work Oder 13 b. Mobilization and Demobilization do not include activities for specific items of 14 work for which payment is provided elsewhere in the contract. 15 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 16 a. A Mobilization for Miscellaneous Projects when directed by the City and the 17 mobilization occurs within 24 hours of the issuance of the Work Order. 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None. 20 C. Related Specification Sections include, but are not necessarily limited to: 21 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1 – General Requirements 23 1.2 PRICE AND PAYMENT PROCEDURES 24 A. Measurement and Payment [Consult City Department/Division for direction on if 25 Mobilization pay item to be included or the item should be subsidiary. Include the 26 appropriate Section 1.2 A. 1.] 27 1. Mobilization and Demobilization 28 a. Measure 29 1) This Item is considered subsidiary to the various Items bid. 30 b. Payment 31 1) The work performed and materials furnished in accordance with this Item 32 are subsidiary to the various Items bid and no other compensation will be 33 allowed. 34 2. Remobilization for suspension of Work as specifically required in the Contract 35 Documents 36 a. Measurement 37 1) Measurement for this Item shall be per each remobilization performed. 38 b. Payment 39 1) The work performed and materials furnished in accordance with this Item 40 and measured as provided under “Measurement” will be paid for at the unit 41 price per each “Specified Remobilization” in accordance with Contract 42 Documents. 43 c. The price shall include: 44 1) Demobilization as described in Section 1.1.A.2.a.1) 45 2) Remobilization as described in Section 1.1.A.2.a.2) 46 01 70 00 - 3 MOBILIZATION AND REMOBILIZATION Page 3 of 4 CITY OF FORT WORTH McPherson Crossing Lot 1B, Block 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 105829 Revised November 22, 2016 d. No payments will be made for standby, idle time, or lost profits associated this 1 Item. 2 3. Remobilization for suspension of Work as required by City 3 a. Measurement and Payment 4 1) This shall be submitted as a Contract Claim in accordance with Article 10 5 of Section 00 72 00. 6 2) No payments will be made for standby, idle time, or lost profits associated 7 with this Item. 8 4. Mobilizations and Demobilizations for Miscellaneous Projects 9 a. Measurement 10 1) Measurement for this Item shall be for each Mobilization and 11 Demobilization required by the Contract Documents 12 b. Payment 13 1) The Work performed and materials furnished in accordance with this Item 14 and measured as provided under “Measurement” will be paid for at the unit 15 price per each “Work Order Mobilization” in accordance with Contract 16 Documents. Demobilization shall be considered subsidiary to mobilization 17 and shall not be paid for separately. 18 c. The price shall include: 19 1) Mobilization as described in Section 1.1.A.3.a.1) 20 2) Demobilization as described in Section 1.1.A.3.a.2) 21 d. No payments will be made for standby, idle time, or lost profits associated this 22 Item. 23 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 24 a. Measurement 25 1) Measurement for this Item shall be for each Mobilization and 26 Demobilization required by the Contract Documents 27 b. Payment 28 1) The Work performed and materials furnished in accordance with this Item 29 and measured as provided under “Measurement” will be paid for at the unit 30 price per each “Work Order Emergency Mobilization” in accordance with 31 Contract Documents. Demobilization shall be considered subsidiary to 32 mobilization and shall not be paid for separately. 33 c. The price shall include 34 1) Mobilization as described in Section 1.1.A.4.a) 35 2) Demobilization as described in Section 1.1.A.3.a.2) 36 d. No payments will be made for standby, idle time, or lost profits associated this 37 Item. 38 1.3 REFERENCES [NOT USED] 39 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 40 1.5 SUBMITTALS [NOT USED] 41 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 42 1.7 CLOSEOUT SUBMITTALS [NOT USED] 43 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 44 01 70 00 - 4 MOBILIZATION AND REMOBILIZATION Page 4 of 4 CITY OF FORT WORTH McPherson Crossing Lot 1B, Block 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 105829 Revised November 22, 2016 1.9 QUALITY ASSURANCE [NOT USED] 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 END OF SECTION 7 8 Revision Log DATE NAME SUMMARY OF CHANGE 11/22/16 Michael Owen 1.2 Price and Payment Procedures - Revised specification, including blue text, to make specification flexible for either subsidiary or paid bid item for Mobilization. 9 01 71 23 - 1 CONSTRUCTION STAKING AND SURVEY Page 1 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised February 14, 2018 SECTION 01 71 23 CONSTRUCTION STAKING AND SURVEY PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Requirements for construction staking and construction survey 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. Construction Staking a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for “Construction Staking”. 2) Payment for “Construction Staking” shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. c. The price bid shall include, but not be limited to the following: 1) Verification of control data provided by City. 2) Placement, maintenance and replacement of required stakes and markings in the field. 3) Preparation and submittal of construction staking documentation in the form of “cut sheets” using the City’s standard template. 2. Construction Survey a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 3. As-Built Survey a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for “As-Built Survey”. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 71 23 - 2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised February 14, 2018 2) Payment for “Construction Staking” shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. c. The price bid shall include, but not be limited to the following:: 1) Field measurements and survey shots to identify location of completed facilities. 2) Documentation and submittal of as-built survey data onto contractor redline plans and digital survey files. 1.3 REFERENCES A. Definitions 1. Construction Survey - The survey measurements made prior to or while construction is in progress to control elevation, horizontal position, dimensions and configuration of structures/improvements included in the Project Drawings. 2. As-built Survey –The measurements made after the construction of the improvement features are complete to provide position coordinates for the features of a project. 3. Construction Staking – The placement of stakes and markings to provide offsets and elevations to cut and fill in order to locate on the ground the designed structures/improvements included in the Project Drawings. Construction staking shall include staking easements and/or right of way if indicated on the plans. 4. Survey “Field Checks” – Measurements made after construction staking is completed and before construction work begins to ensure that structures marked on the ground are accurately located per Project Drawings. B. Technical References 1. City of Fort Worth – Construction Staking Standards (available on City’s Buzzsaw website) – 01 71 23.16.01_ Attachment A_Survey Staking Standards 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available on City’s Buzzsaw website). 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land Surveying in the State of Texas, Category 5 1.4 ADMINISTRATIVE REQUIREMENTS A. The Contractor’s selection of a surveyor must comply with Texas Government Code 2254 (qualifications based selection) for this project. 1.5 SUBMITTALS A. Submittals, if required, shall be in accordance with Section 01 33 00. B. All submittals shall be received and reviewed by the City prior to delivery of work. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS A. Field Quality Control Submittals McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 71 23 - 3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised February 14, 2018 1. Documentation verifying accuracy of field engineering work, including coordinate conversions if plans do not indicate grid or ground coordinates. 2. Submit “Cut-Sheets” conforming to the standard template provided by the City (refer to 01 71 23.16.01 – Attachment A – Survey Staking Standards). 1.7 CLOSEOUT SUBMITTALS B. As-built Redline Drawing Submittal 1. Submit As-Built Survey Redline Drawings documenting the locations/elevations of constructed improvements signed and sealed by Registered Professional Land Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 – Attachment A – Survey Staking Standards) . 2. Contractor shall submit the proposed as-built and completed redline drawing submittal one (1) week prior to scheduling the project final inspection for City review and comment. Revisions, if necessary, shall be made to the as-built redline drawings and resubmitted to the City prior to scheduling the construction final inspection. 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Construction Staking 1. Construction staking will be performed by the Contractor. 2. Coordination a. Contact City’s Project Representative at least one week in advance notifying the City of when Construction Staking is scheduled. b. It is the Contractor’s responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes. If City surveyors are required to re-stake for any reason, the Contractor will be responsible for costs to perform staking. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed disturbed or omitted that the contracted Work cannot take place then the Contractor will be required to stake or re-stake the deficient areas. B. Construction Survey 1. Construction Survey will be performed by the Contractor. 2. Coordination a. Contractor to verify that horizontal and vertical control data established in the design survey and required for construction survey is available and in place. 3. General a. Construction survey will be performed in order to construct the work shown on the Construction Drawings and specified in the Contract Documents. b. For construction methods other than open cut, the Contractor shall perform construction survey and verify control data including, but not limited to, the following: 1) Verification that established benchmarks and control are accurate. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised February 14, 2018 2) Use of Benchmarks to furnish and maintain all reference lines and grades for tunneling. 3) Use of line and grades to establish the location of the pipe. 4) Submit to the City copies of field notesused to establish all lines and grades, if requested, and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City, if requested, to verify the guidance system and the line and grade of the carrier pipe. 6) The Contractor remains fully responsible for the accuracy of the work and correction of it, as required. 7) Monitor line and grade continuously during construction. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to the City. 9) If the installation does not meet the specified tolerances (as outlined in Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct the installation in accordance with the Contract Documents. C. As-Built Survey 1. Required As-Built Survey will be performed by the Contractor. 2. Coordination a. Contractor is to coordinate with City to confirm which features require as- built surveying. b. It is the Contractor’s responsibility to coordinate the as-built survey and required measurements for items that are to be buried such that construction activities are not delayed or negatively impacted. c. For sewer mains and water mains 12” and under in diameter, it is acceptable to physically measure depth and mark the location during the progress of construction and take as-built survey after the facility has been buried. The Contractor is responsible for the quality control needed to ensure accuracy. 3. General a. The Contractor shall provide as-built survey including the elevation and location (and provide written documentation to the City) of construction features during the progress of the construction including the following: 1) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Minimum every 250 linear feet, including (2) Horizontal and vertical points of inflection, curvature, etc. (3) Fire line tee (4) Plugs, stub-outs, dead-end lines (5) Casing pipe (each end) and all buried fittings 2) Sanitary Sewer a) Top of pipe elevations and coordinates for force mains and siphon sanitary sewer lines (non-gravity facilities) at the following locations: (1) Minimum every 250 linear feet and any buried fittings (2) Horizontal and vertical points of inflection, curvature, etc. 3) Stormwater – Not Applicable McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 71 23 - 5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised February 14, 2018 b. The Contractor shall provide as-built survey including the elevation and location (and provide written documentation to the City) of construction features after the construction is completed including the following: 1) Manholes a) Rim and flowline elevations and coordinates for each manhole 2) Water Lines a) Cathodic protection test stations b) Sampling stations c) Meter boxes/vaults (All sizes) d) Fire hydrants e) Valves (gate, butterfly, etc.) f) Air Release valves (Manhole rim and vent pipe) g) Blow off valves (Manhole rim and valve lid) h) Pressure plane valves i) Underground Vaults (1) Rim and flowline elevations and coordinates for each Underground Vault. 3) Sanitary Sewer a) Cleanouts (1) Rim and flowline elevations and coordinates for each b) Manholes and Junction Structures (1) Rim and flowline elevations and coordinates for each manhole and junction structure. 4) Stormwater – Not Applicable 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY PART 2 - PRODUCTS A. A construction survey will produce, but will not be limited to: 1. Recovery of relevant control points, points of curvature and points of intersection. 2. Establish temporary horizontal and vertical control elevations (benchmarks) sufficiently permanent and located in a manner to be used throughout construction. 3. The location of planned facilities, easements and improvements. a. Establishing final line and grade stakes for piers, floors, grade beams, parking areas, utilities, streets, highways, tunnels, and other construction. b. A record of revisions or corrections noted in an orderly manner for reference. c. A drawing, when required by the client, indicating the horizontal and vertical location of facilities, easements and improvements, as built. 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all construction staking projects. These cut sheets shall be on the standard city template which can be obtained from the Survey Superintendent (817-392-7925). 5. Digital survey files in the following formats shall be acceptable: a. AutoCAD (.dwg) b. ESRI Shapefile (.shp) McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 71 23 - 6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised February 14, 2018 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use standard templates, if available) 6. Survey files shall include vertical and horizontal data tied to original project control and benchmarks, and shall include feature descriptions PART 3 - EXECUTION 3.1 INSTALLERS A. Tolerances: 1. The staked location of any improvement or facility should be as accurate as practical and necessary. The degree of precision required is dependent on many factors all of which must remain judgmental. The tolerances listed hereafter are based on generalities and, under certain circumstances, shall yield to specific requirements. The surveyor shall assess any situation by review of the overall plans and through consultation with responsible parties as to the need for specific tolerances. a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical tolerance. Horizontal alignment for earthwork and rough cut should not exceed 1.0 ft. tolerance. b. Horizontal alignment on a structure shall be within .0.1ft tolerance. c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and walkways shall be located within the confines of the site boundaries and, occasionally, along a boundary or any other restrictive line. Away from any restrictive line, these facilities should be staked with an accuracy producing no more than 0.05ft. tolerance from their specified locations. d. Underground and overhead utilities, such as sewers, gas, water, telephone and electric lines, shall be located horizontally within their prescribed areas or easements. Within assigned areas, these utilities should be staked with an accuracy producing no more than 0.1 ft tolerance from a specified location. e. The accuracy required for the vertical location of utilities varies widely. Many underground utilities require only a minimum cover and a tolerance of 0.1 ft. should be maintained. Underground and overhead utilities on planned profile, but not depending on gravity flow for performance, should not exceed 0.1 ft. tolerance. B. Surveying instruments shall be kept in close adjustment according to manufacturer’s specifications or in compliance to standards. The City reserves the right to request a calibration report at any time and recommends regular maintenance schedule be performed by a certified technician every 6 months. 1. Field measurements of angles and distances shall be done in such fashion as to satisfy the closures and tolerances expressed in Part 3.1.A. 2. Vertical locations shall be established from a pre-established benchmark and checked by closing to a different bench mark on the same datum. 3. Construction survey field work shall correspond to the client’s plans. Irregularities or conflicts found shall be reported promptly to the City. 4. Revisions, corrections and other pertinent data shall be logged for future reference. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 71 23 - 7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised February 14, 2018 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION 3.5 REPAIR / RESTORATION A. If the Contractor’s work damages or destroys one or more of the control monuments/points set by the City, the monuments shall be adequately referenced for expedient restoration. 1. Notify City if any control data needs to be restored or replaced due to damage caused during construction operations. a. Contractor shall perform replacements and/or restorations. b. The City may require at any time a survey “Field Check” of any monument or benchmarks that are set be verified by the City surveyors before further associated work can move forward. 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. It is the Contractor’s responsibility to maintain all stakes and control data placed by the City in accordance with this Specification. This includes easements and right of way, if noted on the plans. B. Do not change or relocate stakes or control data without approval from the City. 3.8 SYSTEM STARTUP A. Survey Checks 1. The City reserves the right to perform a Survey Check at any time deemed necessary. 2. Checks by City personnel or 3rd party contracted surveyor are not intended to relieve the contractor of his/her responsibility for accuracy. 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 McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 71 23 - 8 CONSTRUCTION STAKING AND SURVEY Page 8 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised February 14, 2018 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 McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 74 23 - 1 CLEANING Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 SECTION 01 74 23 CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 74 23 - 2 CLEANING Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 74 23 - 3 CLEANING Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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. Interior Final Cleaning 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other foreign materials from sight-exposed surfaces. 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 3. Wash and shine glazing and mirrors. 4. Polish glossy surfaces to a clear shine. 5. Ventilating systems a. Clean permanent filters and replace disposable filters if units were operated during construction. b. Clean ducts, blowers and coils if units were operated without filters during construction. 6. Replace all burned out lamps. 7. Broom clean process area floors. 8. Mop office and control room floors. D. 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. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 74 23 - 4 CLEANING Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 77 19 - 1 CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised March 22, 2021 SECTION 01 77 19 1 CLOSEOUT REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes : 5 1. The procedure for closing out a contract 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Biddin g 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 I tem. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUI REMENTS 17 A. Guarantees, Bonds and Affidavits 18 1. No application for final payment will be accepted until all guarantees, bonds, 19 certificates, licenses and affidavits required for Work or equipment as specified are 20 satisfactorily filed with the City. 21 B. Release of Liens or Claims 22 1. No application for final payment will be accepted until satisfactory evidence of 23 release of liens has been submitted to the City. 24 1.5 SUBMITTALS 25 A. Submit all required documentation to City’s Project Representative. 26 27 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 28 29 1.7 CLOSEOUT SUBMITTALS [NOT USED] 30 PART 2 - PRODUCTS [NOT USED] 31 32 McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 77 19 - 2 CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised March 22, 2021 PART 3 - EXECUTION 1 3.1 INSTALLERS [NOT USED] 2 3.2 EXAMINATION [NOT USED] 3 3.3 PREPARATION [NOT USED] 4 3.4 CLOSEOUT PROCEDURE 5 A. Prior to requesting Final Inspection, submit: 6 1. Project Record Documents in accordance with Section 01 78 39 7 2. Operation and Maintenance Data, if required, in a ccordance with Section 01 78 23 8 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 9 01 74 23. 10 C. Final Inspection 11 1. After final cleaning, provide notice to the City Project Representative that the Work 12 is completed. 13 a. The City will make an init ial Final Inspection with the Contractor present. 14 b. Upon completion of this inspection, the City will notify the Contractor, in 15 writing within 10 business days, of any particulars in which this inspection 16 reveals that the Work is defective or incomplete. 17 2. Upon receiving written notice from the City, immediately undertake the Work 18 required to remedy deficiencies and complete the Work to the satisfaction of the 19 City. 20 3. The Right-of-way shall be cleared of all construction materials, barricades, and 21 temporary signage. 22 4. Upon completion of Work associated with the items listed in the City's written 23 notice, inform the City that the required Work has been completed. Upon receipt of 24 this notice, the City, in the presence of the Contractor, will make a subsequent Final 25 Inspection of the project. 26 5. Provide all special accessories required to place each item of equipment in full 27 operation. These special accessory items include, but are not limited to: 28 a. Specified spare parts 29 b. Adequate oil and grease as required for the first lubrication of the equipment 30 c. Initial fill up of all chemical tanks and fuel tanks 31 d. Light bulbs 32 e. Fuses 33 f. Vault keys 34 g. Handwheels 35 h. Other expendable items as required for initial start-up and operation of all 36 equipment 37 D. Notice of Project Completion 38 1. Once the City Project Representative find s the Work subsequent to Final Inspection 39 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 40 E. Supporting Documentation 41 McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 77 19 - 3 CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised March 22, 2021 1. Coordinate with the City Project Representative to complete the following 1 additional forms: 2 a. Final Payment Request 3 b. Statement of Contract Time 4 c. Affidavit of Payment and Release of Liens 5 d. Consent of Surety to Final Payment 6 e. Pipe Report (if required) 7 f. Contractor’s Evaluation of City 8 g. Performance Evaluation of Contractor 9 F. Letter of Final Acceptance 10 1. Upon review and acceptance of Notice of Project Completion and Supporting 11 Documentation, in accordance with General Conditions, City will issue Letter of 12 Final Acceptance and release the Final Payment Request for payment. 13 3.5 REPAIR / RESTORATION [NOT USED] 14 3.6 RE-INSTALLATION [NOT USED] 15 3.7 FIELD [OR] SITE QUALITY CONTR OL [NOT USED] 16 3.8 SYSTEM STARTUP [NOT USED] 17 3.9 ADJUSTING [NOT USED] 18 3.10 CLEANING [NOT USED] 19 3.11 CLOSEOUT ACTIVITIES [NOT USED] 20 3.12 PROTECTION [NOT USED] 21 3.13 MAINTENANCE [NOT USED] 22 3.14 ATTACHMENTS [NOT USED] 23 END OF SECTION 24 25 Revision Log DATE NAME SUMMARY OF CHANGE 3/22/2021 M Owen 3.4 C. Added language to clarify and emphasize requirement to “Clearing ROW” 26 McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 78 23 - 1 OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 SECTION 01 78 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00 . All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 ½ inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer’s printed data, or neatly typewritten McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 78 23 - 2 OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 78 23 - 3 OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 78 23 - 4 OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 78 23 - 5 OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 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 McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 78 39 - 1 PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City’s Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 78 39 - 2 PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 78 39 - 3 PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 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, in accordance with the intervals set forth in Section 01 71 23, 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. McPherson Crossing Lot 1B, Block 1 CPN: 105829 01 78 39 - 4 PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 c. Call attention to each entry by drawing a "cloud" around the area or areas affected. 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 McPherson Crossing Lot 1B, Block 1 CPN: 105829 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 NF 1274 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 (Lockable) CI SIP Industries 2280 (32")ASTM A 48 30" Dia. 12/05/23 34 05 13 30" Dia. MH Ring and Cover (Hinged & Lockable) CI SIP Industries 4267WT - Hinged (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 12/05/23 33 39 10 Manhole, Precast Concrete The Turner Company 72" I.D. Manhole w/ 32" Cone ASTM C 478 72" 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" 09/03/24 33 39 10 Manhole, Precast Concrete Oldcastle Precast Inc. Manhole, 32" Opening and Flat top, (No Transition Cones)ASTM C 478 48" to 84" I.D. 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 Geneva Pipe and Precast (Predl Systems)48" & 60" I.D. Manhole w/32" Cone 48" & 60" Non Traffic Areas 03/07/23 33 39 20 Manhole, Precast Concrete AmeriTex Pipe and Products, LLC 48" & 60" I.D. Manhole w/32" Cone ASTM C-478; ASTM C-923; ASTM C-443 03/07/23 33 39 20 Manhole, Precast (Reinforced Polymer) Concrete P3 Polymers, RockHardscp 48" & 60" I.D. Manhole w/32" Cone 04/28/07 Manhole, Precast (Reinforced Polymer) Concrete Amitech USA Meyer Polycrete Pipe Sewer -(WAC) Wastewater Access Chamber 33 39 40 12/29/23 33 39 20 Wastewater Access Chamber Quickstream Solutions, Inc.Type 8 Maintenace Shaft (Poopit) For use when Std. MH cannot be installed due to depth 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)Triplex Lining System MH repair product to stop infiltration ASTM D5813 08/30/06 General Concrete Repair FlexKrete Technologies Vinyl Polyester Repair Product Misc. Use CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated:11-6-24 * 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 Updated:11-6-24 Water & Sewer - Manholes & Bases/Rehab Systems/NonCementitious 05/20/96 E1-14 Manhole Rehab Systems Sprayroq, Spray Wall Polyurethane Coating ASTM D639/D790 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 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 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 Casing 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 03/29/22 33 05 13 Casing Spacers CCI Pipeline Systems CSC12, CSS12 09/03/24 33 05 13 Casing Spacers Raci (Completely HDPE)Per Manufacturers Requirements (Sewer Applications Only)8" - 12" (Sewer Only) 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/ 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 33 31 13 Glass-Fiber Reinforced Polymer Pipe (FRP)Thompson Pipe Group Thompson Pipe (Flowtite)ASTM D3262/D3754 03/07/23 33 31 13 Fiberglass Pipe (FRP)Future Pipe Industries Fiberstrong FRP ASTM D3262, ASTM D3681, ASTM D4161, AWWA M45 09/03/24 33 31 13 Fiberglass Pipe (FRP)Superlit Boru Sanayi A.S.Superlit FRP ASTM D3262, ASTM D3517, ASTM 3754, AWWA C950 * 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 Updated:11-6-24 Sewer - Pipe/Polymer Pipe 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" Sewer - Pipes/PVC* 33-31-20 (7/1/13) *33-31-20 PVC Sewer Pipe J-M Manufacturing Co., Inc. (JM Eagle)SDR-26 (PS115)ASTM D 3034 4" - 15" 12/23/97*33-31-20 PVC Sewer Pipe Diamond Plastics Corporation SDR-26 (PS115)ASTM D 3034 4" thru 15" *33-31-20 PVC Sewer Pipe Lamson Vylon Pipe SDR-26 (PS115)ASTM D 3034 4" thru 15" 12/05/23 33-31-20 PVC Sewer Pipe Vinyltech PVC Pipe SDR-26 (PS115)ASTM D3034 4" thru 15" 12/05/23 33-31-20 PVC Sewer Pipe Vinyltech PVC Pipe Gravity Sewer PS 115 ASTM F 679 18" *33-31-20 PVC Sewer Pipe J-M Manufacturing Co, Inc. (JM Eagle)PS 115 ASTM F 679 18" - 28" 05/06/05 33-31-20 PVC Solid Wall Pipe Diamond Plastics Corporation PS 115 ASTM F-679 18" to 48" 04/27/06 33-31-20 PVC Sewer Fittings Harco SDR-26 (PS 115) Gasket Fittings ASTM D-3034, D-1784, etc 4" - 15" *33-31-20 PVC Sewer Fittings Plastic Trends, Inc.(Westlake)Gasketed PVC Sewer Main Fittings ASTM D 3034 3/19/2018 33 31 20 PVC Sewer Pipe Pipelife Jet Stream SDR 26 (PS 115)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 4"- 15" 10/21/2020 33 31 20 PVC Sewer Pipe NAPCO(Westlake)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(Westlake)SDR 26 PS 115 ASTM F-679 18"- 36" * 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 Updated:11-6-24 Water - Appurtenances 33-12-10 (07/01/13) 09/03/24 33-12-10 Double Strap Saddle Ford Meter Box Co., Inc.202B 1"-2" SVC, up to 16" Pipe 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 03/07/23 33-12-10 Double Strap Service Saddle Powerseal 3450AS, Incl. Corp. Stop, Dbl Strap, Stainless NSF ANSI 372 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 03/29/22 33-12-25 Tapping Sleeve (Coated or Stainless Steel)JCM Industries, Inc.415 Tapping Sleeve AWWA C-223 Concrete Pipe Only 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) None 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 fl 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 American Flow Control (AFC)Waterous Pacer WB67 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" * 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 Updated:11-6-24 Water - Pipes/PVC (Pressure Water) 33-31-70 (01/08/13) 12/05/23 33-11-12 PVC Pressure Pipe Vinyltech PVC Pipe DR14 AWWA C900, AWWA C605, ASTM D1784 4"-16" 12/05/23 33-11-12 PVC Pressure Pipe Vinyltech PVC Pipe DR18 AWWA C900, AWWA C605, ASTM D1784 16"-18" 09/03/24 33-11-12 PVC Pressure Pipe Northern Pipe Products DR14 AWWA C900, AWWA C605, ASTM D1784 4"-16" 09/03/24 33-11-12 PVC Pressure Pipe Northern Pipe Products DR18 AWWA C900, AWWA C605, ASTM D1784 16"-18" 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(Westlake)DR18 AWWA C900 16" - 24" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO(Westlake)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 5 Approval Spec No.Classsification Manufacturer Model No.National Spec Size CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated:11-6-24 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, 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" 09/03/24 33 12 21 Rubber Seated Butterfly Valve American AVK Company AWWA C504 Butterfly Valve Class 250B AWWA C-504 24" - 48" 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 03/07/23 33 12 50 Water Sampling Station Kupferle Foundry Company Eclipse, Number 88 , 12-inch Depth of Bury As shown in spec. 33 12 50 09/02/24 33 12 50 Water Sampling Station Mueller Water Products, Inc.Model BSS01-36-MUDG2-CSD-NL, Freeze Proof, Hasp for Locking Access Hatch This product removed 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) Yellow Highlight indicates recent changes The Fort Worth Water Department’s Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department’s Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department’s Standard Specifications and the Fort Worth Water Department’s Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department’s Standard Specifications or is on the Fort Worth Water * From Original Standard Products List 6 !!!!!!!! Attention: Mix Designs do not supersede CFW Specifications !!!!!!!!!! Approval Spec No.Classification Manufacturer Mix ID Mix Description Design Strength @ 28 days Design Rquirements National Spec Concrete Class A (Sidewalk, ADA Ramps, Driveways, Curb/Gutter, Median Pavement) 9/9/2022 32 13 20 Mix Design American Concrete Company 30CAF029 3000 psi 3-5" Slump; 3-6% Air 4/3/2025 32 13 20 Mix Design Big Town Concrete 2211 3000 psi 3-5" Slump; 3-6% Air 7/16/2025 322 13 20 Mix Design Big Town Concrete 221113 With 30% Slag 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Burnco Texas 30U101AG 3000 psi 3-5" Slump; 3-6% Air 4/1/2024 32 13 20 Mix Design Burnco Texas 30U500BG 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Carder Concrete FWCC502001 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Carder Concrete FWCC502021 3500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Chisholm Trail Redi Mix C13020AE 3000 psi 3-5" Slump; 4.5-7.5% Air 4/28/2025 32 13 20 Mix Design Chisholm Trail Redi Mix CT6020A 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design City Concrete Company 30HA20II 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Cow Town Redi Mix 253-W 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Cow Town Redi Mix 250 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Cow Town Redi Mix 350 3000 psi 3-5" Slump; 3-6% Air 1/29/2024 32 13 20 Mix Design Estrada Ready Mix R3050AEWR 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Holcim - SOR, Inc.1261 3000 psi 3-5" Slump; 3-6% Air 9/23/2024 32 13 20 Mix Design Holcim - SOR, Inc.5177 3000 psi 3-5" Slump; 3-6% Air 5/8/2025 32 13 20 Mix Design Holcim - SOR, Inc.530WA-T1 3000 psi 3-5" Slump; 3-6% Air 4/7/2023 32 13 20 Mix Design Liquid Stone C301D 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Martin Marietta R2136214 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Martin Marietta R2136014 3000 psi 3-5" Slump; 3-6% Air 4/1/2023 32 13 20 Mix Design Martin Marietta R2136N14 3000 psi 3-5" Slump; 3-6% Air 6/1/2023 32 13 20 Mix Design Martin Marietta R2136R20 3000 psi 3-5" Slump; 3-6% Air 6/1/2023 32 13 20 Mix Design Martin Marietta R2136N20 3000 psi 3-5" Slump; 3-6% Air 11/2/2022 32 13 20 Mix Design Martin Marietta R2141K24 4000 psi 3-5" Slump; 3-6% Air 4/7/2023 32 13 20 Mix Design Martin Marietta R2136K14 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Martin Marietta R2131314 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Martin Marietta R2132214 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Martin Marietta D9490SC 3000 psi 3-5" Slump; 4.5-7.5% Air 5/9/2025 32 13 20 Mix Design Martin Marietta R2136R14 3000 psi 3-5" Slump; 3-6% Air 10/4/2023 32 13 20 Mix Design NBR Ready Mix CLS A-YY 3000 psi 3-5" Slump; 3-6% Air 10/4/2023 32 13 20 Mix Design NBR Ready Mix CLS A-NY 3000 psi 3-5" Slump; 3-6% Air 7/10/2023 32 13 20 Mix Design Osburn 30A50MR 3000 psi 3-5" Slump; 3-6% Air 1/18/2023 32 13 20 Mix Design Rapid Redi Mix RRM5020A 3000 psi 3-5" Slump; 3-6% Air 1/24/2023 32 13 20 Mix Design Rapid Redi Mix RRM5525A 3600 psi 3-5" Slump; 3-6% Air 10/24/2024 32 13 20 Mix Design SRM Concrete 30850 3000 psi 3-5" Slump; 3-6% Air 10/24/2024 32 13 20 Mix Design SRM Concrete 30350 3000 psi 3-5" Slump; 3-6% Air 10/18/2024 32 13 20 Mix Design SRM Concrete 30050 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Tarrant Concrete FW5025A 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Tarrant Concrete CP5020A 3000 psi 3-5" Slump; 3-6% Air 10/10/2022 32 13 20 Mix Design Tarrant Concrete TCFW5020A 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Tarrant Concrete FW5525A2 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Titan Ready Mix 3020AE 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design True Grit Redi Mix 0250.230 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design True Grit Redi Mix 0250.2301 3000 psi 3-5" Slump; 3-6% Air Class CIP (Inlets, Manholes, Junction Boxes, Encasement, Blocking, Collars, (Spread Footing Pedestal Pole Foundations (Reference Detail 34 41 10-D605A) 9/9/2022 32 13 13 Mix Design American Concrete Company 40CNF065 4000 psi 3-5" Slump; 0-3% Air 9/9/2022 32 13 13 Mix Design Burnco Texas 40U500BG 4000 psi 3-5" Slump; 3-6% Air 4/28/2025 32 13 20 Mix Design Chisholm Trail Redi Mix CT6020A 3600 psi 3-5" Slump; 3-6% Air 4/28/2025 32 13 20 Mix Design Chisholm Trail Redi Mix CTFW5520A 3600 psi 3-5" Slump; 3-6% Air 4/28/2025 32 13 20 Mix Design Chisholm Trail Redi Mix CTFW6020A 4000 psi 3-5" Slump; 3-6% Air 8/4/2025 32 13 20 Mix Design Chisholm Trail Redi Mix CTFW5020A With 20% Fly Ash 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 255-2 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 355 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 255 3500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 270 5000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 370 5000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 353 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 257 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 357 3600 psi 3-5" Slump; 3-6% Air 5/7/2025 32 13 13 Mix Design Cow Town Redi Mix 265-42 4200 psi 3-5" Slump; 3-6% Air 2/7/2025 32 13 13 Mix Design Holcim - SOR, Inc.1701 4000 psi 3-5" Slump; 3-6% Air 2/7/2025 32 13 13 Mix Design Holcim - SOR, Inc.1551 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Holcim - SOR, Inc.5409 4000 psi 3-5" Slump; 3-6% Air 8/14/2025 32 13 13 Mix Design Holcim - SOR, Inc.540WA-T1 With 20% Fly Ash and 30% Slag 4000 psi 3-5" Slump; 3-6% Air 4/27/2023 32 13 13 Mix Design Liquid Stone C361DNFA 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2141230 4000 psi 3-5" Slump; 3-6% Air 8/4/2023 32 13 13 Mix Design Martin Marietta R2141R24 4000 psi 3-5" Slump; 3-6% Air 11/20/2023 32 13 13 Mix Design Martin Marietta R2146R33 4000 psi 3-5" Slump; 3-6% Air 11/20/2023 32 13 13 Mix Design Martin Marietta R2146K33 4000 psi 3-5" Slump; 3-6% Air CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 8/29/2025 Page 1 of 6 !!!!!!!! Attention: Mix Designs do not supersede CFW Specifications !!!!!!!!!! Approval Spec No.Classification Manufacturer Mix ID Mix Description Design Strength @ 28 days Design Rquirements National Spec CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 8/29/2025 9/9/2022 32 13 13 Mix Design Martin Marietta R2142233 3600 psi 3-5" Slump; 4.5-7.5% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2136224 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2141233 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2146038 4500 psi 3-5" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design Martin Marietta R2146K34 4000 psi 3-5" Slump; 3-6% Air 5/5/2025 32 13 13 Mix Design Martin Marietta R2146R35 4000 psi 3-5" Slump; 3-6% Air 5/5/2025 33 13 13 Mix Design Martin Marietta R2146K35 4000 psi 3-5" Slump; 3-6% Air 5/5/2025 33 13 13 Mix Design Martin Marietta R2146N33 4000 psi 3-5" Slump; 3-6% Air 9/12/2023 32 13 13 Mix Design NBR Ready Mix CLS P1-YY 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design NBR Ready Mix TX C-YY 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design NBR Ready Mix TX C-NY 3000 psi 3-5" Slump; 3-6% Air 1/18/2023 32 13 13 Mix Design Rapid Redi Mix RRM5320A 3000 psi 3-5" Slump; 3-6% Air 1/18/2023 32 13 13 Mix Design Rapid Redi Mix RRM6020ASS 4000 psi 3-5" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design SRM Concrete 40350 4000 psi 3-5" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design SRM Concrete 40850 4000 psi 3-5" Slump; 3-6% Air 9/16/2024 32 13 13 Mix Design SRM Concrete 35050 3500 psi 3-5" Slump; 3-6% Air 4/28/2025 32 13 13 Mix Design SRM Concrete 36850 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW5320A 3000 psi 3-5" Slump; 3-6% Air 10/10/2022 32 13 13 Mix Design Tarrant Concrete TCFW6025A2 4000 psi 3-5" Slump; 3-6% Air Class C (Drilled Shaft for Traffic Signal Pole Foundations Reference Detail 31 41 10-D605) 9/9/2022 32 13 13 Mix Design Burnco Texas 36U500BG 3600 psi 5.5-7.5" Slump; 3-6% Air 6/21/2023 32 13 13 Mix Design Cow Town Redi Mix 360-DS 3600 psi 5.5-7.5" Slump; 3-6% Air 10/30/2024 32 13 13 Mix Design Estrada Ready Mix R36575AEWR 3600 psi 5.5-7.5" Slump; 3-6% Air 12/5/2022 32 13 13 Mix Design Holcim - SOR, Inc.1822 3600 psi 5.5-7.5" Slump; 0-3% Air 9/9/2022 32 13 13 Mix Design Holcim - SOR, Inc.1859 4000 psi 5.5-7.5" Slump; 3-6% Air 4/7/2023 32 13 13 Mix Design Liquid Stone C361DHR 3600 psi 5.5-7.5" Slump; 3-6% Air 6/27/2023 32 13 13 Mix Design Martin Marietta U2146N41 3600 psi 5-7" Slump; 3-6% Air 6/27/2023 32 13 13 Mix Design Martin Marietta U2146K45 3600 psi 5-7" Slump; 3-6% Air 5/9/2025 2 13 13 Mix Design Martin Marietta U2146R41 3600 psi 5-7" Slump; 3-6% Air 8/22/2024 32 13 13 Mix Design NBR Ready Mix 135K2524 3600 psi 5.5" Slump; 3-6% Air 8/22/2024 32 13 13 Mix Design NBR Ready Mix 135K0524 3600 psi 5.5" Slump; 3-6% Air Class C (Headwalls, Wing walls, Culverts) 9/9/2022 32 13 13 Mix Design Carder Concrete FWCC602001 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design City Concrete Company 40LA2011 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 260-2 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 360-1 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 260-1 3600 psi 3-5" Slump; 3-6% Air 8/11/2025 32 13 13 Mix Design Cow Town Redi Mix 275 With 20% Fly Ash 5000 psi 4-6" Slump: 3-6% Air 8/11/2025 32 13 13 Mix Design Cow Town Redi Mix 375 5000 psi 4-6" Slump: 3-6% Air 1/29/2024 32 13 13 Mix Design Estrada Ready Mix R3655AEWR 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design GCH Concrete Services GCH4000 4000 psi 3-5" Slump; 3-6% Air 4/1/2023 32 13 13 Mix Design Martin Marietta 310LBP 3600 psi 3-5" Slump; 4-7% Air 8/30/2023 32 13 13 Mix Design Martin Marietta R2141R30 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2146035 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design SRM Concrete 40050 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design SRM Concrete 35022 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW6020A2 4000 psi 3-5" Slump; 3-6% Air Class P (Machine Placed Paving) 4/3/2025 32 13 13 Mix Design Big Town Concrete 4511 3600 psi 1-3" Slump; 3-6% Air 4/3/2025 32 13 13 Mix Design Big Town Concrete 4411 3600 psi 1-3" Slump; 3-6% Air 6/30/2025 32 13 13 Mix Design Big Town Concrete 5211 With 20% Fly Ash 4000 psi 1-3" Slump; 3-6% Air 6/30/2025 30 13 13 Mix Design Big Town Concrete 52113 With 30% Slag 4000 psi 1-3" Slump; 3-6% Air 6/30/2025 30 13 13 Mix Design Big Town Concrete 5311 4000 psi 1-3' Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Carder Concrete FWCC552091 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Carder Concrete FWCC602091 4000 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design City Concrete Company 36LA2011 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 33 13 13 Mix Design Cow Town Redi Mix 257-M 3600 psi 1-3" Slump; 3-6% Air 11/14/2022 32 13 13 Mix Design Cow Town Redi Mix 357-M 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 260-M 4000 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 360-M 4000 psi 1-3" Slump; 3-6% Air 2/6/2024 32 13 13 Mix Design Estrada Ready Mix TD3655AEWR 3600 psi 1-3" Slump; 3-6% Air 5/20/2025 32 13 13 Mix Design Gilco Contracting Inc 36MP1643 3600 psi 1-3" Slump; 3-6% Air 6/20/2025 32 13 13 Mix Design Gilco Contracting Inc 36MP1629 3600 psi 1-3" Slump; 3-6% Air 7/29/2025 32 13 13 Mix Design Gilco Contracting Inc 36MP1655 With 20% Fly Ash 3600 psi 1-3" Slump; 3-6% Air 7/29/2025 32 13 13 Mix Design Gilco Contracting Inc 36MP1670 3600 psi 1-3" Slump; 3-6% Air 5/12/2025 32 13 13 Mix Design Holcim - SOR, Inc.1703 4000 psi 1-3" Slump; 3-6% Air 8/4/2023 32 13 13 Mix Design Martin Marietta Q2141R27 4000 psi 1-3" Slump; 3-6% Air 11/2/2022 32 13 13 Mix Design Martin Marietta Q2141K30 4000 psi 1-3" Slump; 3-6% Air ...Concrete (Continues) Page 2 of 6 !!!!!!!! Attention: Mix Designs do not supersede CFW Specifications !!!!!!!!!! Approval Spec No.Classification Manufacturer Mix ID Mix Description Design Strength @ 28 days Design Rquirements National Spec CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 8/29/2025 5/5/2025 32 13 13 Mix Design Martin Marietta Q2141N27 4000 psi 1-3" Slump; 3-6% Air 10/4/2023 32 13 13 Mix Design NBR Ready Mix TX C SF-YY 3600 psi 1-3" Slump; 3-6% Air 10/4/2023 32 13 13 Mix Design NBR Ready Mix TX C SF-NY 3600 psi 1-3" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design SRM Concrete 40068 4000 psi 1-3" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design SRM Concrete 40825 4000 psi 1-3" Slump; 3-6% Air 9/16/2024 32 13 13 Mix Design SRM Concrete 40025 4000 psi 1-3" Slump; 3-6% Air 10/18/2024 32 13 13 Mix Design SRM Concrete 35023 3600 psi 1-3" Slump; 3-6% Air 6/5/2025 32 13 13 Mix Design SRM Concrete 40324 4000 psi 1-3" Slump; 3-6% Air 7/21/2025 32 13 13 Mix Design SINACOLA 24011-4000MP 20%With 20% Fly Ash 4000 psi 1-3" Slump; 3-6% Air 7/21/2025 32 13 13 Mix Design SINACOLA 24011-4000MP Straight Cement 4000 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW5520AMP 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design True Grit Redi Mix 0255.2301 3600 psi 1-3" Slump; 3.5-6.5% Air 9/9/2022 32 13 13 Mix Design True Grit Redi Mix 0260.2302 4000 psi 1-3" Slump; 3.5-6.5% Air 6/17/2025 32 13 13 Mix Design True Grit Redi Mix 460.230M 4000 psi 1-3" Slump; 3-6% Air 6/23/2025 32 13 13 Mix Design True Grit Redi Mix 360.230M 4000 psi 1-3" Slump; 3-6% Air Class H (Hand Placed Paving, Valley Gutter) 9/9/2022 32 13 13 Mix Design American Concrete Company 45CAF076 4500 psi 3-5" Slump; 3-6% Air 5/2/2023 32 13 13 Mix Design Big D Concrete CM14520AE 4500 psi 3-5" Slump; 3-6% Air 4/3/2025 32 13 13 Mix Design Big Town Concrete 6211 4500 psi 3-5" Slump; 3-6% Air 4/3/2025 32 13 13 Mix Design Big Town Concrete 6311 4500 psi 3-5" Slump; 3-6% Air 4/5/2025 32 13 13 Mix Design Big Town Concrete 6017 4500 psi 3-5" Slump; 3-6% Air 7/16/2025 32 13 13 Mix Design Big Town Concrete 62113 With 30% Slag 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Burnco Texas 45U500BG 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Carder Concrete FWCC602021 4500 psi 3-5" Slump; 3-6% Air 4/28/2025 32 13 13 Mix Design Chisholm Trail Redi Mix CTFW6520A 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design City Concrete Company 45NA20II 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 265 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 365 4500 psi 3-5" Slump; 3-6% Air 1/29/2024 32 13 13 Mix Design Estrada Ready Mix R4560AEWR/4500 psi 3-5" Slump; 4-6% Air 9/9/2022 32 13 13 Mix Design GCH Concrete Services GCH4500 4500 psi 3-5" Slump; 3-6% Air 5/20/2025 32 13 13 Mix Design Gilco Contracting Inc 45HP1643 4500 psi 3-5" Slump; 3-6% Air 6/20/2025 32 13 13 Mix Design Gilco Contracting Inc 45HP1629 4500 psi 3-5" Slump; 3-6% Air 7/29/2025 32 13 13 Mix Design Gilco Contracting Inc 45HP1670 4500 psi 3-5" Slump; 3-6% Air 10/4/2024 32 13 13 Mix Design Holcim - SOR, Inc.5507 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Holcim - SOR, Inc.1851 4500 psi 3-5" Slump; 3-6% Air 5/8/2025 32 13 13 Mix Design Holcim - SOR, Inc.545WA-T1 4500 psi 3-5" Slump; 3-6% Air 4/5/2025 32 13 13 Mix Design Liquid Stone C451D 4500 psi 3-5" Slump; 3-6% Air 11/2/2022 32 13 13 Mix Design Martin Marietta R2146N35 4500 psi 3-5" Slump; 3-6% Air 8/4/2023 32 13 13 Mix Design Martin Marietta R2146R36 4500 psi 3-5" Slump; 3-6% Air 11/2/2022 32 13 13 Mix Design Martin Marietta R2146N36 4500 psi 3-5" Slump; 3-6% Air 5/22/2023 32 13 13 Mix Design Martin Marietta R2146K37 4500 psi 3-5" Slump; 3-6% Air 12/22/2023 32 13 13 Mix Design Martin Marietta R2146R44 4500 psi 3-5" Slump; 3-6% Air 12/22/2023 32 13 13 Mix Design Martin Marietta R2146K44 4500 psi 3-5" Slump; 3-6% Air 11/15/2022 32 13 13 Mix Design Martin Marietta R2146P36 4500 psi 3-5" Slump; 3-6% Air 11/15/2022 32 13 13 Mix Design Martin Marietta R2146K36 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2147241 4500 psi 3-5" Slump; 4.5-7.5% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2146236 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2146036 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2146242 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2146042 4500 psi 3-5" Slump; 3-6% Air 6/3/2025 32 13 13 Mix Design Martin Marietta R2146K43 4500 psi 3-5" Slump; 3-6% Air 10/4/2023 32 13 13 Mix Design NBR Ready Mix CLS P2-YY 4500 psi 3-5" Slump; 3-6% Air 10/4/2023 32 13 13 Mix Design NBR Ready Mix CLS P2-NY 4500 psi 3-5" Slump; 3-6% Air 7/10/2023 32 13 13 Mix Design Osburn 45A60MR 4500 psi 3-5" Slump; 3-6% Air 1/24/2023 32 13 13 Mix Design Rapid Redi Mix RRM6320AHP 4500 psi 3-5" Slump; 3-6% Air 2/7/2025 32 13 13 Mix Design SRM Concrete 45023 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design SRM Concrete 45000 4500 psi 3-5" Slump; 3-6% Air 5/23/2025 32 13 13 Mix Design SRM Concrete 45300 4500 psi 3-5" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design SRM Concrete 45350 4500 psi 3-5" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design SRM Concrete 45850 4500 psi 3-5" Slump; 3-6% Air 10/18/2024 32 13 13 Mix Design SRM Concrete 45050 4500 psi 3-5" Slump; 3-6% Air 7/21/2025 32 13 13 Mix Design SINACOLA 24011-4500HP 20%With 20% Fly Ash 4500 psi 3-5" Slump; 3-6% Air 7/21/2025 32 13 13 Mix Design SINACOLA 24011-4500HP Straight Cement 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW6020AHP 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW60AHP 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete TCFW6020AHP 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Titan Ready Mix TRC4520 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design True Grit Redi Mix 0260.2301 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design True Grit Redi Mix 0265.2301 4500 psi 3-5" Slump; 3.5-6.5% Air 9/9/2022 32 13 13 Mix Design True Grit Redi Mix 270.230 4500 psi 3-5" Slump; 3-6% Air 6/12/2025 32 13 13 Mix Design True Grit Redi Mix 465.230H With 30% Slag 4500 psi 3-5" Slump: 3-6% Air 6/23/2025 32 13 13 Mix Design True Grit Redi Mix 365.230H 4500 psi 3-5" Slump: 3-6% Air 10/9/2024 32 13 13 Mix Design Wildcatter 4520AI 4500 psi 3-5" Slump; 3-6% Air ...Concrete (Continues) Page 3 of 6 !!!!!!!! Attention: Mix Designs do not supersede CFW Specifications !!!!!!!!!! Approval Spec No.Classification Manufacturer Mix ID Mix Description Design Strength @ 28 days Design Rquirements National Spec CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 8/29/2025 Class HES (High Early Strength Paving) 9/9/2022 32 13 13 Mix Design Big D Concrete 14500AE 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 370-1NC 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 375-NC 5000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 370-NC 4500 psi 3-5" Slump; 3-6% Air 1/18/2023 32 13 13 Mix Design Cow Town Redi Mix 380-NC 4500 psi 3-5" Slump; 3-6% Air 1/29/2024 32 13 13 Mix Design Estrada Ready Mix 4575AESC 4500 psi / 3000 psi @ 3 days 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Holcim - SOR, Inc.2125 5000 psi 3-5" Slump; 3-6% Air 1/24/2023 32 13 13 Mix Design Liquid Stone C451DHR-A 4500 psi 3-5" Slump; 3-6% Air 4/7/2023 32 13 13 Mix Design Martin Marietta R2161K70 6000 psi / 3000 psi @ 24hr.3-5" Slump; 3-6% Air 2/10/2023 32 13 13 Mix Design SRM Concrete 50310 5000 psi 3-5" Slump; 3-6% Air 2/7/2025 32 13 13 Mix Design SRM Concrete 40326 4500 psi / 3000 psi @ 3 days 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW6520AMR 4500 psi / 3000 psi @ 3 days 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW7520AMR 4500 psi / 3000 psi @ 3 days 3-5" Slump; 3-6% Air Class S (Bridge Slabs, Top Slabs of Direct Traffic Culverts, Approach Slabs) 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 260 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 360 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 365-STX 4000 psi 3-5" Slump; 3-6% Air 1/29/2024 32 13 13 Mix Design Estrada Ready Mix R4060AEWR 4000 psi 4-6" Slump; 3-6% Air 5/3/2023 32 13 13 Mix Design Martin Marietta M7842344 4000 psi 3-5" Slump; 4.5-7.5% Air 4/1/2023 32 13 13 Mix Design Martin Marietta R2146P33 4000 psi 3-5" Slump; 3-6% Air 8/18/2025 32 13 13 Mix Design Martin Marietta 610LBT 4000 psi 3-5" Slump; 3-6% Air 4/15/2024 32 13 13 Mix Design NBR Ready Mix TX S-NY 4000 psi 3-5" Slump; 3-6% Air 4/15/2024 32 13 13 Mix Design NBR Ready Mix TX S-YY 4000 psi 3-5" Slump; 3-6% Air 4/5/2025 32 13 13 Mix Design SRM Concrete 40850 4000 psi 3-5" Slump; 3-6% Air 4/5/2025 32 13 13 Mix Design SRM Concrete 40350 4000 psi 3-5" Slump; 3-6% Air 5/5/2023 32 13 13 Mix Design SRM Concrete D100008553CB 4000 psi 3-5" Slump; 3-6% Air Concrete Base Trench Repair 4/1/2023 03 34 16 Mix Design Burnco Texas 10YH50BF 1000 psi Flowable; 8.5-11.5% Air 9/9/2022 03 34 16 Mix Design Burnco Texas 08Y450BA 800 psi 5-7" Slump; 3-6% Air Controlled Low Strength Material (Flowable Fill) 2/7/2025 03 34 13 Mix Design Burnco Texas 01Y690BF 100 psi Flowable; 9.5-11.5% Air 5/19/2025 03 34 13 Mix Design Burnco Texas 01Z180AF 100 psi Flowable; 9.5-11.5% Air 9/9/2022 03 34 13 Mix Design Carder Concrete FWCC359101 50-150 psi 3-5" Slump; 8-12% Air 9/9/2022 03 34 13 Mix Design Carder Concrete FWFF237501 50-150 psi Flowable; 8.5-11.5% Air 8/4/2025 03 34 13 Mix Design Chisholm Trail Redi Mix CT150FF 50-150 psi Flowable; 7-9.0% Air 9/9/2022 03 34 13 Mix Design City Concrete Company 11-350-FF 50-150 psi Flowable; 8-12% Air 9/9/2022 03 34 13 Mix Design Cow Town Redi Mix Mix# 9 70 psi 7-9" Slump; 8-11% Air 5/12/2025 03 34 13 Mix Design Holcim - SOR, Inc.3741 100 psi Flowable; 12.0-24.0% Air 8/4/2025 03 34 13 Mix Design Holcim - SOR, Inc.901 100 psi 9-11" Slump; 10-30% Air 03 34 13 Mix Design Holcim - SOR, Inc.904 150 psi 9-11" Slump; 10-30% Air 10/4/2023 03 34 13 Mix Design NBR Ready Mix FTW FLOW FILL 150 psi 7-10" Slump; 8-12% Air 2/7/2025 03 34 13 Mix Design SRM Concrete 910 150 psi Flowable; 8-12% Air 9/9/2022 03 34 13 Mix Design Tarrant Concrete FWFF150CLSM 50-150 psi Flowable; 8-12% Air Concrete Rip Rap 4/1/2023 31 37 00 Mix Design Martin Marietta R2141030 4000 psi 3-5" Slump; 3-6% Air 4/1/2023 31 37 00 Mix Design Martin Marietta R2146033 4000 psi 3-5" Slump; 3-6% Air Asphalt Paving 9/9/2022 32 12 16 Mix Design Austin Asphalt FT5B117965 FT5B117965 PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Austin Asphalt FT1B139965 FT1B139965 PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Austin Asphalt FT1B117.2 FT1B117.2 PG64-22 Type B Fine Base 5/1/2024 32 12 16 Mix Design Reynolds Asphalt 340-DG-B P 340-DG-B PG64-22 Type B Base Course 9/9/2022 32 12 16 Mix Design Reynolds Asphalt 1112B 1112B PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Reynolds Asphalt 1612B 1612B PG64-22 Type B Fine Base 4/4/2025 32 12 16 Mix Design Reynolds Asphalt 2315B 2315B PG64-22 Type B Fine Base 12/5/2022 33 12 16 Mix Design Sunmount Paving 3076BV6422 3076BV6422 PG62-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Sunmount Paving 341-BRAP6422ERG 341-BRAP6422ERG PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design TXBIT 37-211305-20 37-211305-20 PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design TXBIT 44-211305-17 44-211305-17 PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design TXBIT 211305 (1757)211305 (1757) PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design TXBIT 64-224125-18 PG 64-224125-18 PG70-22 Type D Fine Surface 4/1/2024 32 12 16 Mix Design TXBIT 344 MAC-SP-D 70-22XR 344 MAC-SP-D 70-22XR SAC A-R Type D Fine Surface Detectable Warning Surface 9/9/2022 32 13 20 DWS - Pavers Pine Hall Brick (Winston Salem, NC)Tactile Pavers 9/9/2022 32 13 20 DWS - Pavers Western Brick Co. (Houston, TX)Detectable Warning Pavers 9/9/2022 32 13 20 DWS - Composite Armor Tile 9/9/2022 32 13 20 DWS - Composite ADA Solutions (Wilmington, MA)Heritage Brick CIP Composite Paver 4/7/2023 32 13 20 DWS - Pavers ADA Solutions (Wilmington, MA)Detectable Warning Pavers ...Concrete (Continues) Page 4 of 6 !!!!!!!! Attention: Mix Designs do not supersede CFW Specifications !!!!!!!!!! Approval Spec No.Classification Manufacturer Mix ID Mix Description Design Strength @ 28 days Design Rquirements National Spec CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 8/29/2025 Silicone Joint Sealant 9/9/2022 32 13 73 Joint Sealant Dow 890SL 890SL - Cold Applied, Single Component, Silicone Joint Sealant ASTM D5893 9/9/2022 32 13 73 Joint Sealant Tremco 900SL 900SL - Cold Applied, Single Component, Silicone Joint Sealant ASTM D5893 9/9/2022 32 13 73 Joint Sealant Pecora 300SL 300SL - Cold Applied, Single Component, Silicone Joint Sealant ASTM D5893 9/9/2022 32 13 73 Joint Sealant Crafco RoadSaver Silicone RoadSaver Silicone - Cold Applied, Single Component, Silicone Joint Sealant ASTM D5893 Utility Trench Embedment Sand 9/9/2022 33 05 10 Embedment Sand Silver Creek Materials Utility Embedment Sand ASTM C33 9/9/2022 33 05 10 Embedment Sand Crouch Materials Utility Embedment Sand ASTM C33 9/9/2022 33 05 10 Embedment Sand F and L Dirt Movers Utility Embedment Sand ASTM C33 9/9/2022 33 05 10 Embedment Sand F and L Dirt Movers Utility Embedment Sand ASTM C33 9/9/2022 33 05 10 Embedment Sand Tin Top Martin Marietta Utility Embedment Sand ASTM C33 Storm Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 9/28/2018 33 05 13 Manhole Frames and Covers AccuCast (Govind Steel Company, LTD)MHRC #220605 MHRC #220605 (Size - **24" Dia.)ASTM A48 AASHTO M306 9/28/2018 33 05 13 Manhole Cover Neenah Foundry NF-1274-T91 NF-1274-T91 (Size - 32" Dia.)ASTM A48 AASHTO M306 9/28/2018 33 05 13 Manhole Frames and CoversNeenah Foundry NF-1743-LM (Hinged)NF-1743-LM (Hinged) (Size - 32" Dia.)ASTM A48 AASHTO M306 9/28/2018 33 05 13 Manhole Frame Neenah Foundry NF-1930-30 NF-1930-30 (Size - 32.25" Dia.)ASTM A48 AASHTO M306 9/28/2018 33 05 13 Manhole Frames and CoversNeenah Foundry R-1743-HV R-1743-HV (Size - 32" Dia.)ASTM A48 AASHTO M306 4/3/2019 33 05 13 Manhole Frames and CoversSIP Industries ++2279ST 2279ST (Size - 24" Dia.)ASTM A48 AASHTO M306 4/3/2019 33 05 13 Manhole Frames and CoversSIP Industries ++2280ST 2280ST (Size - 32" Dia.)ASTM A48 AASHTO M306 10/8/2020 33 05 13 Manhole Frames and CoversEJ ( Formally East Jordan Iron Works)EJ1033 Z2/A EJ1033 Z2/A (Size - 32.25" Dia.)ASTM A536 AASHTO M306 3/8/2024 33 05 13 Curb Inlet Covers SIP Industries ++2296T 2296T (Size - ***24" Dia.)ASTM A48 AASHTO M306 6/18/2024 33 05 13 Curb Inlet Covers SIP Industries ++2279STN 2279STN (Size - 24" Dia.)ASTM A48 AASHTO M306 Storm Sewer - Inlet & Structures 33-05-13 10/8/2020 33 49 20 Curb Inlets Fonterra FRT-10x3-405-PRECAST** (Size - 10' X 3')ASTM C913 10/8/2020 33 49 20 Curb Inlets Fonterra FRT-10x3-406-PRECAST** (Size - 10' X 3')ASTM C913 10/8/2020 33 49 20 Curb Inlets Fonterra FRT-10x4.5-407-PRECAST** (Size - 10' X 4.5')ASTM C913 10/8/2020 33 49 20 Curb Inlets Fonterra FRT-10x4.5-420-PRECAST** (Size - 10' X 4.5')ASTM C913 10/8/2020 33 39 20 Manhole Fonterra FRT-4X4-409-PRECAST-TOP (Size - 4' X 4')ASTM C913 10/8/2020 33 39 20 Manhole Fonterra FRT-4X4-409-PRECAST-BASE (Size - 4' X 4')ASTM C913 10/8/2020 33 39 20 Manhole Fonterra FRT-5X5-410-PRECAST-TOP (Size - 5' X 5')ASTM C913 10/8/2020 33 39 20 Manhole Fonterra FRT-5X5-410-PRECAST-BASE (Size - 5' X 5')ASTM C913 10/8/2020 33 39 20 Manhole Fonterra FRT-6X6-411-PRECAST-TOP (Size - 6' X 6')ASTM C913 10/8/2020 33 39 20 Manhole Fonterra FRT-6X6-411-PRECAST-BASE (Size - 6' X 6')ASTM C913 3/19/2021 33 49 20 Curb Inlets Thompson Pipe Group TPG-10X3-405-PRECAST INLET** (Size - 10' X 3')ASTM 615 3/19/2021 33 49 20 Curb Inlets Thompson Pipe Group TPG-15X3-405-PRECAST INLET** (Size - 15' X 3')ASTM 615 3/19/2021 33 49 20 Curb Inlets Thompson Pipe Group TPG-20X3-405-PRECAST INLET** (Size - 20' X 7')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-4X4-409-PRECAST TOP (Size - 4' X 4')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-4X4-409-PRECAST BASE (Size - 4' X 4')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-4X4-412-PRECAST 4-FT RISER (Size - 4' X 4')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-5X5-410-PRECAST TOP (Size - 5' X 5')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-5X5-410-PRECAST BASE (Size - 5' X 5')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-5X5-412-PRECAST 5-FT RISER (Size - 5' X 5')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-6X6-411-PRECAST TOP (Size - 6' X 6')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-6X6-411-PRECAST BASE (Size - 6' X 6')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-6X6-412-PRECAST 6-FT RISER (Size - 6' X 6')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-7X7-411-PRECAST TOP (Size - 7' X 7')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-7X7-411-PRECAST BASE (Size - 7' X 7')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-7X7-412-PRECAST 4-FT RISER (Size - 7' X 7')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-8X8-411-PRECAST TOP (Size - 8' X 8')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-8X8-411-PRECAST BASE (Size - 8' X 8')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-8X8-412-PRECAST 5-FT RISER (Size - 8' X 8')ASTM 615 3/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-4X4-408-PRECAST INLET (Size - 4' X 4')ASTM 615 3/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-5X5-408-PRECAST INLET (Size - 5' X 5')ASTM 615 3/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-6X6-408-PRECAST INLET (Size - 6' X 6')ASTM 615 8/28/2023 33 49 10 Manhole Oldcastle Precast 4' x 4' Stacked Manhole (Size - 4' X 4')ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 5' x 8' Storm Junction Box (Size - 5' X 8')ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 4' x 4' Storm Junction Box (Size - 4' X 4')ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 5' x 5' Storm Junction Box (Size - 5' X 5')ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 6' x 6' Storm Junction Box (Size - 6' X 6')ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 8' x 8' Storm Junction Box Base (Size - 8' X 8')ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 5' x 8' Storm Junction Box Base (Size - 5' X 8')ASTM C478 8/28/2023 33 49 10 Manhole Rinker Materials Reinforced 48" Diameter Spread Footing Manhole (Size - 4' X 4')ASTM C433 **Note: All new development and new installation manhole lids shall meet the minimum 30-inch opening requirement as specified in City Specification 33 05 13. Any smaller opening sizes will only be allowed for existing manholes that require replacement frames and covers. Page 5 of 6 !!!!!!!! Attention: Mix Designs do not supersede CFW Specifications !!!!!!!!!! Approval Spec No.Classification Manufacturer Mix ID Mix Description Design Strength @ 28 days Design Rquirements National Spec CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 8/29/2025 8/28/2023 33 39 20 Curb Inlet 10 'x 3' Riser Thompson Pipe Group Inlet Riser (Size - 3 FT)ASTM C913-16 8/28/2023 33 39 20 Curb Inlet 15 'x 3' Riser Thompson Pipe Group Inlet Riser (Size - 3 FT)ASTM C913-16 8/28/2023 33 39 20 Curb Inlet 20' x 3' Riser Thompson Pipe Group Inlet Riser (Size - 3 FT)ASTM C913-16 1/12/2024 33 49 20 Drop Inlet AmeriTex Pipe &Products Drop Inlet (4' X 4')ASTM C913 1/12/2024 33 49 20 Drop Inlet AmeriTex Pipe &Products Drop Inlet (5' X 5')ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products Precast 4'x4' Storm Junction Box ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products Precast 5'x5' Storm Junction Box ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products 5' Precast Transition MH (4' MH on the top of 5' JB)ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products Precast 6'x6' Storm Junction Box ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products 6' Precast Transition MH (4' MH on the top of 6' JB)ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products Precast 8'x8' Storm Junction Box ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products 8' Precast Transition MH (4' MH on the top of 8' JB)ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products Type C Storm Drain Manhole on Box (4' MH on the top of RCB)ASTM C913 7/16/2024 33 49 20 Curb Inlets AmeriTex Pipe &Products 10x3 Precast** (Size 10' x 3')ASTM C913 7/16/2024 33 49 20 Curb Inlets AmeriTex Pipe &Products 15x3 Precast** (Size 15' x 3')ASTM C913 Storm Sewer - Pipes & Boxes 33-05-13 4/9/2021 33 41 13 Storm Drain Pipes Advanced Drainage Systems, Inc. (ADS)ADS HP Storm Polypropylene (PP) Pipe (Size - 12" - 60")ASTM F2881 & AASHTO M330 8/28/2023 33 41 10 Storm Drain Pipes Rinker Materials Reinforced Concrete Pipe Tongue and Groove Joint Pipe (Size - 21" or larger)ASTM C76, C655 8/28/2023 33 41 10 Culvert Box Rinker Materials Reinforced Concrete Box Culvert (Sze - Various)ASTM C789, C850 10/12/2023 33 41 10 Storm Drain Pipes AmeriTex Pipe &Products Reinforced Concrete Pipe Tongue and Groove Joint Pipe* (Size - 15" or larger)ASTM C76, C506 10/12/2023 34 41 10 Culvert Box AmeriTex Pipe &Products Reinforced Concrete Box Culvert (size - Various))ASTM C1433,C1577 10/18/2023 35 41 10 Storm Drain Pipes The Turner Co.Reinforced Concrete Pipe Tongue and Groove Joint Pipe* (Size - 15" or larger)ASTM C76, C506 10/18/2023 33 41 10 Culvert Box The Turner Co.Reinforced Concrete Box Culvert (size - Various)ASTM C1433,C1577 4/12/2024 33 41 10 Storm Drain Pipes Thompson Pipe Group Reinforced Concrete Pipe Tongue and Groove Joint Pipe* (Size Various)ASTM C76, C506 6/25/2024 33 41 10 Culvert Box Oldcastle Reinforced Concrete Box Culvert ASTM C1433,C1577 6/25/2024 33 41 10 Storm Drain Pipes Oldcastle Reinforced Concrete Pipe Tongue and Groove Joint Pipe* (Size Various)ASTM C76, C506 (4-5-2025) 03 34 13 CLSM specification ….Storm Sewer - Inlet & Structures Continues (1-29-2025) Removed Argos, Ingram, Redi-Mix, Charley's (4-3-2025) Bigtown Concrete updated Mix ID's **Note: Pre-cast inlets are approved for the stage I portion of the structure (basin) only. Stage II portion of the structure are required to be cast in-place. No exceptions to this requirement shall be allowed. Revision Comments Page 6 of 6