HomeMy WebLinkAbout049905-PM1 - Construction-Related - Contract - Crowley 96, LLC, and Wildstone Construction, LLCf
{
11
I I
: l
11
11
11
l
I
l
11
ll
l;
l
FORT WORTH
.., ,.,.�· -
PROJECT MANUAL FOR THE CONSTRUCTION OF
OFF-SITE SANITARY SEWER
TO SERVE
SOUTHFORK ESTATES
City Project No. 100884
Sewer Project No. 56008-0700430-100884-001480
File No. X-24274
Betsy Price
Mayor
Kara L. Shuror
David Cooke
City Manager
Interim Director, Water Department
Douglas W. Wiersig, P.E.
Director, Transportation and Public Works Department
Prepared for
The City of Fort Worth
AUGUST 2017
BARRON• STARK• SWIFT CONSULTING ENGINEERS, LP Texas Registered Engineering Firm F-10998 6221 SOUTHWEST BOULEVARD, SUITE 100 FORT WORTH, TEXAS 76132 817-231-8100
Barron•Stark•Swift Consulting Engineers
CSC No. 44905-PM1
1 :
I
I I
I
I I
11
L
00 00 10-I
TABLE OF CONTENTS FOR DEVELOPER A WARDED PROJECTS
SECTION 00 00 10 2 3 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS 4 5 Division 00 -General Conditions 6 00 11 13 Invitation to Bidders 7 00 21 13 Instructions to Bidders 8 00 41 00 Bid Form 9 00 42 43 Proposal Penn Unit Price 10 00 4 3 13 Bid Bond 11 00 45 11 Bidders Prequalification's 12 00 45 12 Prequalification Statement 13 00 45 13 Bidder Prequalification Application 14 00 45 26 Contractor Compliance with Workers' Compensation Law 15 00 45 40 Minority Business Enterprise Goal 16 00 52 43 Agreement 17 00 61 25 Certificate of Insurance 18 00 62 13 Performance Bond 19 00 62 14 Payment Bond 20 00 62 19 Maintenance Bond 21 00 72 00 General Conditions 22 00 73 00 Supplementary Conditions Page I of7 23 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded 24 Projects 25
26 Division 01 -General Requirements 27 01 11 00 Summary of Work 28 0 l 25 00 Substitution Procedures 29 01 31 19 Preconstruction Meeting 30 01 31 20 Project Meetings 31 0 l 32 16 Construction Progress Schedule 32 01 32 33 Preconstruction Video 33 01 33 00 Subrnittals 34 01 35 13 Special Project Procedures 35 01 45 23 Testing and Inspection Services 36 01 50 00 Temporary Facilities and Controls 37 01 55 26 Street Use Permit and Modifications to Traffic Control 38 01 57 13 Storm Water Pollution Prevention Plan 39 01 58 13 Temporal)' Project Signage 40 01 60 00 Product Requirements 41 0 l 66 00 Product Storage and Handling Requirements 42 01 70 00 Mobili,mtion and Remobilization 43 01 71 23 Construction Staking 44 01 74 23 Cleaning 45 01 77 19 Closeout Requirements 46 0 l 78 23 Operation and Maintenance Data 47 01 78 39 Project Record Documents 48 Technical Specifications which have been modified by the Engineer specifically for this
49 Project; hard copies are included in the Project's Contract Documents
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS Revised September I, 2015
SOUTHFORK ESTATES I
CPN 101051
r
I
11
11
I I
11
I I
L
I l 00 00 10-2 TABLE OF CONTENTS FOR DEVELOPER A WARDED PROJECTS
1
2
3
4
5
6
7
8
9
10
11
12 13 14
15
16
17
18
19
20
21
22
23
24
25
26
27
Division 02 -Existing Conditions 02 41 13 Selecth•e Site Demolition 02 41 14 Utility Removal/Abandonment 02 41 15 Paving Remo·,•al Division 03 -Concrete 03 30 00 Cast In Place Concrete 03 3 4 13 Controlled Low Strength Material (CLSM) 03 34 16 Concrete Base Material for Trench Repair 03 go 00 Modifications to Existing Concrete Structures Division 26 -Electrical 26 05 00 Common Vlork Results for Electrical 26 05 10 Demolition for Electrical Systems 26 05 33 Race,,ny and Boxes for Electrical Systems 26 05 43 Underground Ducts and Race1,1t•ays for Electrical Systems Division 31-Earthwork 31 10 00 Site Clearing 31 23 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embankments 31 25 00 Erosion and Sediment Control 31 36 00 Gabions 31 37 00 Riprap 28 Division 32 -Exterior Improvements 29 32 01 17 Permanent Asphalt Paving Repair 30 32 01 18 Temporary Asphalt Paving Repair 31 32 01 29 Concrete Paving Repair 32 32 11 23 Flexible Base Courses 33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50 32 11 29 32 11 33 32 12 16 32 12 73 32 13 13 32 13 20 32 13 73 32 14 16 32 16 13 32 17 23 32 31 13 32 31 26 32 31 29 32 32 13 32 91 19 32 92 13 32 93 43 Lime Treated Base Courses Cement Treated Base Courses Asphalt Paving Asphalt Paving Crack Sealants Concrete Paving Concrete Sidev,ialks, Drive11,vays and Barrier Free Ramps Concrete Paving Joint Sealants Brick Unit Paving Concrete Curb and Gutters and Valley Gutters Pavement Markings Chain Link Fences and Gates Wire Fences and Gates Wood Fences and Gates Cast in Place Concrete Retaining Walls Topsoil Placement and Finishing of Park,vays Hydro Mulching, Seeding, and Sodding Trees and Shn:1bs Page 2 of7 CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS CPN /00884 Revised September I, 2015
[ I
I l
I I
!
I
11
l
l
L
l I
l 00 00 JO. 3TABLE OF CONTENTS FOR DEVELOPER A WARDED PROJECTS
Page 3 of7
1
2
3
4
5
6
7
8
9
Division 33 -Utilities
10
11
12
13
14
15
16
17
33 01 3 0
33 01 31
33 03 10
33 04 10
33 04 11
33 04 12
33 04 3 0
33 04 40
33 05 10
33 05 12
33 05 13
33 05 14
33 05 16
33 05 17
33 05 20
33 05 21
18 33 05 22
19 33 05 23
20 33 05 24
21 33 05 26
22 33 05 30
23 33 11 10
24 33 11 11
25 33 11 12
26 33 11 13
27 33 11 14
28 33 12 10
29 33 12 11
30 33 12 20
31 33 12 21
32 33 1225
33 33 1 2 30
34 33 12 40
35 33 1 2 50
36 33 12 60
37 33 31 12
38 33 3113
39 33 31 15
40 33 31 20
41 33 3121
42 33 3122
43 33 31 23
44 33 3150
45 33 3170
46 33 39 10
47 33 39 20
48 33 39 30
49 33 39 40
50 33 39 60
Sewer and Manhole Testing
Closed Circuit TeleYision (CCTV) Inspection Bypass Pumping of Existing Se,,,,rer Systems
Joint Bonding and Electrical Isolation
Corrosion Control Test Stations
Magnesium A.node Cathodic Protection System
Temporary ·water Services
Cleaning and Acceptance Testing of Water Mains
Utility Trench Excavation, Embedment, and Backfill
Water Line Lowering
Frame, Co•,'er and Grade Rings
Adjusting Manholes, Inlets, Valve Boxes, and Other Strnctures to Grade
Concrete Water Vaults
Concrete Collars
Auger Boring
Tunnel Liner Plate
Steel Casing Pipe
Hand Tunneling
Installation of Carrier Pipe in Casing or Tunnel Liner Plate
Utility Markers/Locators
Exploratory ExcaYation for Existing Utilities
Ductile Iron Pipe
Ductile Iron Fittings
Polyvinyl Chloride (PVC) Pressure Pipe
Concrete Pressure Pipe, Bar Wrapped, Steel Cylinder Type
Buried Steel Pipe and Fittings
Water Services 1 inch to 2 inch
Large ·water Meters
Resilient Seated Gate Valve
,'IJNWi\ Rubber Seated Butterfly ValYes
Connection to Existing Water Mains
Combination Air Valve Assemblies for Potable 1,Vater Systems
Dry Barrel Fire Hydrants
Water Sample Stations
Blow off Valves
Cured in Place Pipe (GIPP)
Fiberglass Reinforced Pipe for Gravity Sanitary Sewers
HDPE Pipe For Sanitary Sewers (Gravity and Force Mains)
Polyvinyl Chloride (PVC) Gravity Sanitary Se,.ver Pipe Polyvinyl Chloride (PVC) Closed Profile GraYity Sanitary Sewer Pipe
Sanitary Sewer Slip Lining
Sanitary Sewer Pipe Enlargement
Sanitary Sewer Service Connections and Service Line
Combination Air Valve for Sanitary Sewer Force Mains
Cast in Place Concrete Manholes
Precast Coacrete Manholes
Fiberglass Manholes
"'aste .. ·ater Access Chamher ru r 6 C) ♦Y vr r, t"tt rrrt1 , YPl 1..t7
Epolcy Liners for Sanitary Sewer Structures
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS CPN /00884 Revised September I , 2015
l l
I I
l l
11
11
I
11
l
l ;
l
000010-4
TABLE OF CONTENTS FOR DEVELOPER A WARDED PROJECTS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts
33 41 11 HDPE Stenn Sewer Pipe
33 46 00 Sub drainage
33 46 01 Slotted Stenn Drains 33 46 02 Trench Drains
33 49 10 Cast in Place Manholes and Junction Boxes
33 49 20 Curb and Drop Inlets
33 49 40 Storm Drainage Headwalls and Wingwalls
Division 34 -Transportation
3 4 41 10 Traffic Signals
3 4 41 13 Removing Traffic Signals
3 4 41 20 Roadway Illumination Assemblies
34 41 30 Aluminum Signs
3 4 71 13 Traffic Control
Page4 of?
17
18
19
20
Technical Specifications listed below are included for this Project by reference and can be
viewed/downloaded from the City's Buzzsaw site at:
21
22
23
24
25
Division 02 -Existing Conditions
02 41 13 Selective Site Demolition
02 41 14 Utility Removal/Abandonment
02 41 15 Paving Removal
26 Division 03 -Concrete
27 03 30 00 Cast-In-Place Concrete
28 03 34 13 Controlled Low gtrength Material (CLgM)
29 03 3 4 16 Concrete Base Material for Trench Repair
30 03 80 00 Modifications to Existing Concrete Structures
31
32
33
34
35
36
37
38 39
40
41
42
43
44
45
46
47
48
49
50
Division 26 -Electrical
26 05 00 Common Work Results for Electrical
26 05 10 Demolition for Electrical Systems
26 05 33 Raceway and Boxes for Electrical Systems
26 05 43 Underground Ducts and Raceways for Electrical Systems
Division 31-Earthwork 31 10 00 Site Clearlng
31 23 16 Unclassified E1ccavation
31 23 23
31 24 00
31 25 00
31 36 00
31 37 00
Borrow
Embankments
Erosion and Sediment Control
Gabions
Riprap
Division 32 -Exterior Improvements
32 0 I 17 Pennanent Asphalt Paving Repair
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS CPN /00884
Revised September I, 20 I 5
I i
l I
l l
l l
l I
11
l I
I !
L
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
00 00 10-5
TABLE OF CONTENTS FOR DEVELOPER A WARDED PROJECTS 32 01 18 32 01 29 32 11 23 32 11 29 32 11 33 32 12 16 32 12 73 32 13 13 32 13 20 32 13 73 32 14 16 32 16 13 32 17 23 32 31 13 32 31 26 32 31 29 32 32 13 32 91 19 32 92 13 32 93 43 Temporary Asphalt Paving Repair Concrete Paving Repair Flemible Base Courses Lime Treated Base Courses Cement Treated Base Courses Asphalt Paving Asphalt Paving Crack Sealants Concrete Paving Concrete Sidewalks, Driveways and Barrier Free Ramps Concrete Paving Joint Sealants Brick Unit Paving Concrete Curb and Gutters and Valley Gutters Pavement Markings Chain Link Fences and Gates Wire Fences and Gates Wood Fences and Gates Cast in Place Concrete Retaining Walls Topsoil Placement and Finishing of Parkways Hydro Mulching, Seeding, and Sodding Trees and Sh.--ubs Division 33 -Utilities33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television (CCTV) Inspection 33 03 10 Bypass Pumping of Existing Sevier Systems 33 0 11 10 Joint Bonding and Electrical Isolation 33 04 11 Corrosion Control Test Stations 33 04 12 Magnesium Anode Cathodic Protection System 33 04 30 Temporary 'Nater Services 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 05 10 Utility Trench Excavation, Embedment, and Backfill 3 3 05 12 Water Line Lowering 33 05 13 Frame, Cover and Grade Rings 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 3 3 05 16 Concrete \\Tater Vaults 33 05 17 Concrete Collars 33 05 20 Auger Boring 3 3 05 21 Tunnel Liner Plate 33 05 22 33 05 23 33 05 24 33 05 26 33 05 30 33 11 10 33 11 11 33 11 12 33 11 13 33 11 14 33 11 15 33 12 10 Steel Casing Pipe Hand Tunneling Installation of Carrier Pipe in Casing or Tunnel Liner Plate Utility Markers/Locators Exploratory Excavation for EJdsting Utilities Ductile Iron Pipe Ductile Iron Fittings Polyvinyl Chloride (PVC) Pressure Pipe Concrete Pressure Pipe, Bar Wrapped, Steel Cylinder Type Buried Steel Pipe and Fittings Pre stressed Concrete Cylinder Pip e Water Services I-inch to 2-inch Page 5 of7
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS CPN /00884
Revised September I, 2015
l I i I I Il l
ll
t
I
00 00 10-6
TABLE OF CONTENTS FOR DEVELOPER A WARDED PROJECTS
33 12 112331220333122 143312255 33 12 30
6 33 12 407 33 12 50
8 33 12 60 9 33 31 12
10 33 3113
11 33 31 15
12 33 31 2013 33 31 21
14 33 31 22
15 33 31 23
16 33 31 5017 33 31 7018 33 39 1019 33 39 2020 33 39 30
21 33 3940
22 33 39 6023 33 41 1024 33 41 11
25 33 46 00
26 33 46 01
27 33 46 02
28 33 49 1029 33 49 203033494031
Large Water Meters
Resilient Seated Gate Valve
A\1.,0;1t/A R1:lbber Seated Butterfly Valves
Connection to Existing Water Mains
Combination Air ValYe Assemblies for Potable Vlater Systems
Dry-Barrel Fire Hydrants
\\later Sample Stations
Blow off Valves
Cured in Place Pipe (GIPP)
Fiberglass Reinforced Pipe for Gravity Sanitary Sewers
HDPE Pipe For Sanitary Sewers (Gravity and Force Mains)
Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe
Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe
Sanitary Sewer Slip Lining
Sanitary Sev,rer Pipe Enlargement
Sanitary Sewer Service Connections and Service Line
Combination Air Valve for Sanitary Sewer Force Mains
Cast-in-Place Concrete Manholes
Precast Concrete Manholes
Fiberglass Manholes 1.Vastewater Access Chamber (\¥AC)
Epoxy Liners for Sanitary Sewer Structures
Reinforced Concrete Storm Sewer Pipe/Culverts
HDPE Stenn Sewer Pipe
Sub drainage
Slotted Stenn Drains
Trench Drains
Cast-in-Place Manholes and Junction Boxes
Curb and Drop Inlets
Stonn Drainage Headwalls and Wingwalls
32 Division 34 -Transportation3334 41 10 Traffic Signals 34 34 41 13 Removing Traffic Signals 35 34 41 20 Roadway Illumination Assemblies 36 34 41 30 Aluminum Signs 37 34 71 13 Traffic Control
38
39
40
41
42
43 4445
46
47
48
49
50
Appendix
GC 4.01
GC 4.02
GC 4.04
GC 4.06
GC 6.06.D
GC 6.07
GC 6.09
GC 6.24
GR 016000
Availability of Lands
Subsurface and Physical Conditions
Underground Facilities
Hazardous Envirornnental Condition at Site
Minority and 1Nomen Owned Business Enterprise Compliance
Wage Rates
Pemi:i.ts and Utilities
Nondiscrimination
Product Requirements
Page 6 of7
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS CPN 100884
Revised September I, 2015
f I
11
11 r I
11
11
11
l I
l
2
00 00 10- 7
TABLE OF CONTENTS FOR DEVELOPER A WARDED PROJECTS
Page 7 of7
END OF SECTION
CITY OF FORT WORTH SOVTHFORK ESTATES OFF SITE SEWER
ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS CPN /00884
Revised September I, 20 I 5
l l
11
11
I I
11
SECTION 00 42 43
Developer Awarded Projects -PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information
Bidlist Description Unit of Specification Bid
Item No. Measure Section No. Quantity
UNIT II: SANITARY SEWER IMPROVEMENTS -OFF SITE
1 3331.4201 10" Sewer Pipe LF 33 II 10, 33 31 1264
2 3331.4202 1 O" Sewer Pipe, CSS Backfill LF 33 11 I 0, 33 31 80
3 3331.4206 10" DIP Sewer, CSS Backfill LF 33 11 10 684
4 3331.4414 36" Sewer Pipe LF 33 II 10, 33 31 1577
5 3331.4415 36" Sewer Pipe, CSS Backfill LF 33 II 10, 33 31 100
6 3339.1001 4' Manhole EA 33 39 10, 33 39 5
7 3339.1002 4' Drop Manhole EA 33 39 10, 33 39 1
8 3339.1201 6' Manhole EA 33 39 10, 33 39 3
9 3339.0001 Epoxy Manhole Liner (4' MH) VF 33 39 60 13
10 3339.0001 Epoxy Manhole Liner (6' MH) VF 33 39 60 12
11 3301.0002 Post-CCTV Inspection LF 33 01 31 3705
12 3301.0101 Manhole Vacuum Testing EA 33 01 30 9
13 3305.0109 Trench Safety LF 33 05 10 3705
14 3305.0112 Concrete Collar EA 33 05 17 5
15 3339.1003 4' Extra Depth Manhole VF 33 39 10, 33 39 38
16 3339.1003 6' Extra Depth Manhole VF 33 39 10,33 39 26
17 0330.0001 Concrete Encase Sewer Pipe LF 03 30 00 100
18 9999.0002 Connect to Existing Lift Station EA 00 00 00 1
19 3201.0616 Permanent Cone. Pvmt. Repair SY 32 01 29 25
20 3471.0001 Traffic Control Mccart Street LS 34 71 13 1
21 0241.0500 Remove/ Replace Fence at Lift Sta LS 02 41 13 1
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECll'ICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS
Fonn Version September I, 2015
Bidder's Proposal
Unit Price Bid Value
$47.53 $60,077.92
$69.84 $5,587.20
$85.36 $58,386.24
$126.10 $198,859.70
$160.05 $16,005.00
$2,134.00 $10,670.00
$3,492.00 $3,492.00
$6,499.00 $19,497.00
$176.54 $2,295.02
$213.40 $2,560.80
$0.97 $3,593.85
$160.05 $1,440.45
$0.49 $1,815.45
$242.50 $1,212.50
$242.50 $9,215.00
$291.00 $7,566.00
$48.50 $4,850.00
$3,412.46 $3,412.46
$92.15 $2,303.75
$2,667.50 $2,667.50
$2,667.50 $2,667.50
$418,175.34
00 42 43_Bid Propo5"1_DAP Wildstone Underground Off Site
r r :
I '.
II
l l
11
11
l
SECTION 00 42 43
Developer Awarded Projects -PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist I Description I Unit of I Specification I Bid Unit Price I Bid Value Item No. Measure Section No. Quantity
Bid Summary
UNIT II: SANITARY SEWER IMPROVEMENTS -OFF SITE $418,175.34
Total Construction Bld ,__ ______ �$_4_18�,_1_75_._3__.4
Contractor agrees to complete WORK for FINAL ACCEPTANCE 20 CONTRACT commences to run as provided in the General Conditions.
CITY OP FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMEITTS • DEVELOPER AWARDED PROJECTS
Form Version September I, 2015
calendar days after the date when the
00 42 43_Did Proposal_DAP Wildstone Undcrsround Off Site
I I I
! I
l I
l I
l !
11
11
I !
l I
l
SECTION 00 45 12 DAP -PREQUALIFICATION STATEMENT 00 45 12 DAP PREQUALIFICATION STATEMENT Page I ort Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work Type" box provide the complete major work type and actual description as provided by the Water Department for water and sewer and TPW for paving. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Off-Site Sanitary Sewer Improvements WILDSTONE CONSTRUCTION, LLC 04/30/2018 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. CONTRACTOR:
WILDSTONE CONSTRUCTION, LLC 12850 HWY 287 FORT WORTH, TX 76052 TITLE: END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT-DEVELOPER AWARDED PROJECTS
Form Version September 1, 2015
00 45 12_Prequalification Statement 2015_DAP
f
11
I l
11
I
l
00 45 26- I CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
I
2
3
SECTION 00 45 26
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it
Page I of I
5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 100884. Contractor further certifies that, pursuant to Texas Labor Code, Section 7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTRACTOR:
11 WILDSTONE CONSTRUCTION, LLC 12 \J�"bl L ���a...>C-� u...t!.. 13 Company 14 15 \"Z.� W-..'1 '%%� 16 Address 17 18 fc.CZ,;t' '-JOr,::::Q,\ � �-z. 19 City/State/Zip 20 21 22 THE ST ATE OF TEXAS 23 24 COUNTY OFT ARRANT 25
§
§
26 27 28 29 30 31 32 33 34 35
BEFORE ME� �he qndersigned authority, on this day personall y appeared:SOk>-.\ � o\n , known to me to be the person whose name is
36 37
38
39
40
subscribed to the for��gins1rument, and acknowledged to me that he/she executed the same asthe act and deed of Jj\ Q� rt for the purposes and consideration therein expressed and in the capacity therein stated.
GJYEN UNDER MY HAND AND SEAL OF OFFICE this �day of hlOlO.U"jqqL , 20 B-
� � 'Mary Puolic in and for the State of Texas
END OF SECTION
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014
SOUTHFORK ESTATES OFF SITE SEWER
CPN 100884
I I
r I
I !
11
I !
11
1
2
3
4
5
6
7
8
SECTION 00 52 43
AGREEMENT
00 52 43 - I Developer Awarded Project Agreement
Page I of4
THIS AGREEMENT, authorized on ltt>/ 2 t:, /zol 7 is made by and between the
Developer, CROWLEY 96, LLC, authorized to To business in Texas ("Developer") , and
WILDSTONE CONSTURCTION, LLC, authorized to do business in Texas, acting by and
through its duly authorized representative, ("Contractor").
Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
9 Article 1. \VORK
10
11
12
13
14
15
16
Contractor shall complete all Work as specified or indicated in the Contract Documents for the
Project identified herein.
Article 2. PROJECT
The project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
SOUTHFORK ESTATES OFF SITE SANITARY SE\VER
CPN 100884 & X-24274
17 Article 3. CONTRACT Tll\iIE
18 3 .1 Time is of the essence.
19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
20 Documents are of the essence to this Contract.
21 3.2 Final Acceptance.
22 The Work will be complete for Final Acceptance within 20 calendar days after the date
23 when the Contract Time commences to nm as provided in Paragraph 12.04 of the Standard
24 City Conditions of the Constrnction Contract for Developer Awarded Projects.
25 3.3 Liquidated damages
26
27
28
29
30
31
32
33
34
35
36
Contractor recognizes that time is of the essence of this Agreement and that Developer
will suffer financial loss if the Work is not completed within the times specified in
Paragraph 3 .2 above, plus any extension thereof allowed in accordance with Article 10 of
the Standard City Conditions of the Constrnction Contract for Developer Awarded
Projects. The Contractor also recognizes the delays, expense and difficulties involved in
proving in a legal proceeding the actual loss suffered by the Developer if the Work is not
completed on time. Accordingly, instead of requiring any such proof, Contractor agrees
that as liquidated damages for delay (but not as a penalty), Contractor shall pay
Developer ;v,:, Dollars ($ N/1 ) for each day that
expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues
the Final Letter of Acceptance.
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER A WARDED PROJECTS CPN 100884
Revised June 16, 2016
f I
f I
f l
f I
11
I
11
00 52 43 - 2 Developer Awarded Project Agreement
Page 2 of 4
37 Article 4. CONTRACT PRICE
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
Developer agrees to pay Contractor for performance of the Work in accordance with the Contract
Documents an amount in current funds of FOUR HUNDRED EIGHTEEN THOUSAND
ONE HUNDRED SEVENTY FIVE AND 34/100 Dollars ($418,175.34).
Article 5. CONTRACT DOCUMENTS
5.1 CONTENTS:
A.The Contract Documents which comprise the entire agreement between Developer and
Contractor concerning the Work consist of the following:
1.This Agreement.
2.Attachments to this Agreement:
a.Bid Form (As provided by Developer)
1)Proposal Form (DAP Version)
2)Prequalification Statement
3)State and Federal documents (project specific)
b.Insurance ACORD Form(s)
c.Payment Bond (DAP Version)
d.Performance Bond (DAP Version)
e.Maintenance Bond (DAP Version)
f.Power of Attorney for the Bonds
g.Worker's Compensation Affidavit
h.MBE and/or SBE Commitment Form (If required)
3.Standard City General Conditions of the Construction Contract for Developer
Awarded Projects.
4.Supplementary Conditions.
5.Specifications specifically made a part of the Contract Documents by attachment
or, if not attached, as incorporated by reference and described in the Table of
Contents of the Project's Contract Documents.
6.Drawings.
7.Addenda.
8.Documentation submitted by Contractor prior to Notice of Award.
9.The following which may be delivered or issued after the Effective Date of the
Agreement and, if issued, become an incorporated part of the Contract Documents:
a.Notice to Proceed.
b.Field Orders.
c.Change Orders.
d.Letter of Final Acceptance.
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS CPN /00884
Revised June 16, 2016
11
11
I l
II
11
l l
l I
I
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
Article 6. INDEMNIFICATION
00 52 43 - 3
Developer Awarded Project Agreement
Page 3 of4
6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
expense, the city, its officers, servants and employees, from and against any and all
claims arising out of, or alleged to arise out of, the work and services to be performed
by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
under this contract. This 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.
6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
the city, its officers, servants and employees, from and against any and all loss, damage
or destruction of property of the city, arising out of, or alleged to arise out of, the work
and services to be performed by the contractor, its officers, agents, employees,
subcontractors, licensees or invitees under this contract. This indemnification
provision is 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 anv act, omission or negligence of the city.
Article 7. MISCELLANEOUS
97 7.1 Terms.
98 Tenns used in this Agreement are defined in Article 1 of the Standard City Conditions of
99 the Construction Contract for Developer Awarded Projects.
100 7 .2 Assignment of Contract.
101 This Agreement, including all of the Contract Documents may not be assigned by the
102 Contractor without the advanced express written consent of the Developer.
103 7.3 Successors and Assigns.
104
105
106
107
108
109
110
111
112
113
114
115
Developer and Contractor each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, in respect to all covenants, agreements and
obligations contained in the Contract Documents.
7.4 Severability.
Any provision or part of the Contract Documents held to be unconstitutional, void or
unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon DEVELOPER and
CONTRACTOR.
7 .5 Governing Law and Venue.
This Agreement, including all of the Contract Documents is performable in the State of
Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
Northern District of Texas, Fort Worth Division.
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS CPN 100884
Revised June I 6, 2016
11
I l
11
I !
I i
I
11
l l
l
116
117
118
119
120
121
122
123
124
125
126
7.6 Authority to Sign.00 52 43 - 4 Developer Awarded Project Agreement Page4 of4 Contractor shall attach evidence of authority to sign Agreement, if other than duly
authorized signatory of the Contractor.
IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiplecounterparts.
This Agreement is effective as of the last date signed by the Parties ("Effective Date").
Contractor:WILDSTONE CONSTRUCTION, LLC (Printed Name)
Title�(t
Company Name: WILDSTONE
CONSTRUCTION, LLC
Address:
12850 HWY 287
FORT WORTH, TX 76052
City/State/Zip:
(Signature)
DA YID SHIPMAN
(Printed Name)
Title: 01/0Nfk7£.tf
Company name: CRO\.VLEY 96, LLC
Address:
301 EAST MAIN STREET, SUITE A
CRO\.VLEY, TX 76036
City/State/Zip:
Dater ICITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS CPN /00884 Revised June 16, 2016
11
11
11
11
l I
II
I
11
11
11
11
l I
2
3
4
5
6
7
8
9
10
11
THE STATE OF TEXAS
COUNTY OF TARRANT
SECTION 00 6213
PERFORMANCE BOND
00 62 13 - I
PERFORMANCE BOND
Page I of2
§ § § KNOW ALL BY THESE PRESENTS:
That we, WILDSTONE CONSTRUCTION, LLC, known as "Principal" herein and
&/1$1J/4L IN.:u//!A#(!/Z._ alll./34Nv 'a corporate surety(sureties, if more than 1 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one
or more), are held and firmly bound unto the Developer, CROWLEY 96, LLC, authorized to do
12 business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation
13 ("City"), in the penal sum of, FOUR HUNDRED EIGHTEEN THOUSAND ONE
14 HUNDRED SEVENTY FIVE AND 34/100 Dollars ($418,175.34), lawful money of the United
15 States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and
16 truly to be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our
17 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
18 presents.
19 ·wHEREAS,Developer and City have entered into an Agreement for the construction of
20 community facilities in the City of Fort W01th by and through a Community Facilities
21 Agreement, CFA Number 2.0/1 - /26and
22 \-VHEREAS, the Principal has entered into a ce1tain written contract with the Developer awarded
23 the� day of &!Tt?�, 20 lJ_, which Contract is hereby referred to and made a
24 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor
25 and other accessories defined by law, in the prosecution of the Work, including any Change
26 Orders, as provided for in said Contract designated as SOUTHFORK ESTATES OFF SITE27 SAN IT ARY SEWER 28 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall
29 faithfully perform it obligations under the Contract and shall in all respects duly and faithfully
30 perform the Work, including Change Orders, under the Contract, according to the plans,
31 specifications, and contract documents therein referred to, and as well during any period of
32 extension of the Contract that may be granted on the part of the Developer and/or City, then this
33 obligation shall be and become null and void, otherwise to remain in full force and effect.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS
Revised Januaiy 31, 2012
SOUTHFORK ESTATES OFF SITE SEWER
CPN 100884
11
11
11
11
11
11
I.
11
11
I '
00 62 13 - 2 PERFORMANCE BOND
Page2 of2 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division.
4 5 6
7 8 9 101112131415 1617181920 2122232425 2627 28 29 30 31 3233 3435 36 3738 39 40 41 42434445 4647
This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be detemtined in accordance with the provisions of said statue.
IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the Z<R H, day of __ _
a27&3L�,2017-.
Witness as to Principal
Witness as to Surety
PRINCIPAL: WILDSTONE CONSTRUCTION, LLC
Address: 12850 HWY 287 FORT WORTH, TX 76052SURETY: Federal Insurance Company Tracy Tucker, Attorney-in-FactName and Title Address: 685 John B. Sias Memorial Pkwy #215 Ft Worth, TX 76134
Telephone Number: 817 /336-8520
*Note: If signed by an officer of the Surety Company, there must be on file a certified extractfrom the by-laws showing that this person has authority to sign such obligation. IfSurety's physical address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded
CITY OF FORT WORTH ST AND ARD CITY CONDITIONS -DEVELOPER AW ARD ED PROJECTS Revised January 31, 2012
SOUTHFORK ESTATES OFF SITE SEWER
CPN 100884
11
11 I II
11
11
II
11
I
I !
I
11
11
l !
2
3
4
5
6
7
8
9
10
11
12 13 14
15
16
17
18
19
20
21
22
23
THE STATE OF TEXAS
COUNTY OF TARRANT
SECTION 00 62 14 PAYMENT BOND 00 62 14 - I
PAYMENT BOND
Page I of2
§
§
§
KNOW ALL BY THESE PRESENTS: That we, WILDSTONE CONSTRUCTION, LLC, known as "Principal" herein, and &� !NStt/PINC!G Cbm£J;4,vv , a corporate surety ( or� l sureties if more than one), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, CROWLEY 96, LLC, authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of FOUR HUNDRED
EIGHTEEN THOUSAND ONE HUNDRED SEVENTY FIVE AND 34/100 Dollars
($418,175.34), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth, by and through a Community Facilities Agreement, CFA Number �o{l-128,and WHEREAS, Principal has entered into a certain written Contract with Developer, awarded the za/?1 day of lCJe TtQi3&, , 20_j_J_, which Contract is herebyreferred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as SOUTHFORK ESTATES OFF SITE
26 SANITARY SEWER;
27 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 28 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 29 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 30 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 31 force and effect. CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS Revised Janua1y 31, 2012
SOUTHFORK ESTATES OFF SITE SEWER CPN 100884
II
l l
11
l I
11
11
11
11
I l
00 62 14 - 2
PAYMENT BOND
Page2 of2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 4 5 6 7 accordance with the provisions of said statute. IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the ,ZGP #1 day ofWitness as to Principal ATTEST: (Surety) Secretary Witness as to Surety PRINCIPAL: WILDSTO UCTION, LLC Name a itle Address: i2850 HWY 287 FORT WORTH, TX 76052 SURETY: Federal Insurance Company Tracy Tucker, Attorney-in-Fact Name and Title Address: 685 John B. Sias Memorial Pk� #215 Ft Worth, TX 76134 Telephone Number: 8 l 7 /336-8520 8 9 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 10 bylaws showing that this person has authority to sign such obligation. If Surety's physical 11 address is different from its mailing address, both must be provided. 12 13 The date of the bond shall not be prior to the date the Contract is awarded. 14 END OF SECTION CITY OF FORT WORTH ST AND ARD CITY CONDITIONS -DEVELOPER AW ARD ED PROJECTS Revised January 31, 2012
SOUTHFORK ESTATES OFF SITE SEWER
CPN 100884
11
I l
I l
! I
I I
I !
I
I:
I !
11
11
2
3 4 5 6 7
8
9
10
11
12
THE STATE OF TEXAS
COUNTY OF TARRANT
SECTION 00 62 19 MAINTENANCE BOND
00 62 19 - I MAINTENANCE BOND Page I of3
§
§
§
KNOW ALL BY THESE PRESENTS:
That we WILDSTONE CONSTRUCTION, LLC, known as "Principal" herein and
�14-L / NSL/lt,4llC!/£ Cl:zm/?19¥, a corporate surety ( sureties, if more than
one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one
or more), are held and firmly bound unto the Developer, CROWLEY 96, LLC, authorized to do
business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation
13 ("City"), in the sum of FOUR HUNDRED EIGHTEEN THOUSAND ONE HUNDRED
14 SEVENTY FIVE AND 34/100 Dollars ($418,175.34), lawful money of the United States, to be
15 paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made
16 jointly unto the Developer and the City as dual obligees and their successors, we bind ourselves,
17 our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
18 presents.
19
20 WHEREAS, Developer and City have entered into an Agreement for the construction of
21 community facilities in the City of Fort Worth by and through a Community Facilities
22 Agreement, CFA Number 2017 -/28 ;and
23 WHEREAS, the Principal has entered into a certain written contract with the Developer
24 awarded the X 1ay of Oc T 0 dtEA , 204, which Contract is
25 hereby referred to and a made part hereof for all purposes as if fully set fo1th herein, to furnish all
26 materials, equipment labor and other accessories as defined by law, in the prosecution of the
27 Work, including any Work resulting from a duly authorized Change Order (collectively herein,
28 the "Work") as provided for in said Contract and designated as SOUTH FORK ESTATES OFF
29 SITE SANITARY SEWER; and
30
31 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
32 accordance with the plans, specifications and Contract Documents that the Work is and will
33 remain free from defects in materials or workmanship for and during the period of two (2) years
34 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and
CITY OF FORT WORTH ST ANDA RD CITY CONDITIONS -DEVELOPER AW ARD ED PROJECTS Revised Januaiy 31, 2012 SOUTH FORK ESTATES OFFSITE SEWER CPN 100884
l l
I I
11 r I
f I
11
I l
11
I
11
l I
2 3
SECTION 00 62 19 MAINTENANCE BOND
006219-1
MAINTENANCE BOND
Page I of3
Bo nd #8246-08-86
4 THE STATE OF TEXAS § § § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT 7
8 That we Wil,DSTONE CONSTRUCTION, LLC, known as "Principal" herein and
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Federal Insurance Company , a corporate surety (sureties, if more than
one) duly authorized to do business in the State of Texas, known as "Surety'' herein (whether one
or more), are held and firmly bound unto the Developer, CROWLEY 96, LLC, authorized to do
business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation
("City"), in the sum of FOUR HUNDRED EIGHTEEN THOUSAND ONE HUNDRED
FIFTY SIX AND 82/100 Dollars ($418,156.82), lawful money of the United States, to be paid
in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly
unto the Developer and the City as dual obligees and their successors, we bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, Developer and City have entered into an Agreement for the construction of
community facilities in the City of Fort Worth by and through a Community Facilities
Agreement, CF A Number 2t)IJ -/ Z 8 ;and
WHEREAS, the Principal has entered into a certain written contract with the Developer
awarded the�-11Jay of OCT� , 204, which Contract is
hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all
materials, equipment labor and other accessories as defined by law, in the prosecution of the
Work, including any Work resulting from a duly authorized Change Order (collectively herein,
the "Work") as provided for in said Contract and designated as SOUTH FORK ESTATES OFF
SITE SANITARY SEWER; and
WHEREAS, Principal binds itself to use such materials and to so construct the Work in
accordance with the plans, specifications and Contract Documents that the Work is and will
remain free from 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
CITY OF FORT WORTH
ST AND ARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS
Revised January 31, 2012
SOUTH FORK ESTATES OFFSITE SEWER
CPN 100884
I !
I (
11
I !
11
I
l !
l I
00 62 19 a 2
MAINTENANCE BOND
Page 2 of 3 2 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 3 4 5 6 upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall 7 remedy any defective Work, for which timely notice was provided by Developer or City, to a 8 9 10 11 completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 12 noticed defective Work, it is agreed that the Developer or City may cause any and all such 13 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 14 by the Principal and the Surety under this Maintenance Bond; and 15 16 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 17 Tarrant County, Texas or the United States District Court for the Northern District of Texas , Fort 18 Worth Division; and 19 20 21 22 23 24 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CITY CONDITIONS -DEVELOPER AW ARD ED PROJECTS
Revised January 31, 2012
SOUTH FORK ESTATES OFFSITE SEWER
CPN 100884
l I
I !
I !
I !
11
11
11
11
I I
l i
11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 006219-3
MAINTENANCE BOND
Page 3 of3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED thisinstrument by duly authorized agents and officers on this the Ztb ff, day of ______ Witness as to Principal ATTEST: (Suret Secrntruy # M Witness as to Surety Address: 12850 HWY 287 FORT WORTH, TX 76052 SURETY: Federal Insurance CompanyTracy Tucker, Attorney-in-Fact Name and Title Address: 685 John B. Sias Memorial Pk� #215 Ft Worth, TX 76134 Telephone Number: 817 /336-8520 *Note: If signed by an officer of the Surety Company, there must be on file a certified extractfrom the by-laws showing that this person has authority to sign such obligation. IfSurety's physical address is different from its mailing address, both must be provided.The date of the bond shall not be prior to the date the Contract is awarded.CITY OF FORT WORTH ST AND ARD CITY CONDITIONS -DEVELOPER AW ARD ED PROJECTS
Revised January 31, 2012
SOUTH FORK ESTATES OFFSITE SEWER
CPN 100884
CHUBB'
j ' Power of Attorney
I !
l I
J
11
11
l I
l l
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC
INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint W. Lawrence Brown, Steven M. Tucker and Tracy Tucker of Fort Worth,
Texas ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these
presents and affixed their corporate seals on this lQlh day of March, 2017.
Dawn �I. Chloras. ,\��ist:mt Secretary
STATE OF NEW JERSEY
County of Hunterdon ss.
Stephen H llanLj', Vkc President
On this 10"' day of March, 2017 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE
COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M.
Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC
INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by
authority of said Companies: and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M.
Haney, and knows him to be Vice President of said Companies: and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is in the genuine handwriting of
Stephen M. Haney, and was thereto subscribed by authority of said Companies and in deponent's presence.
Notarial Seal KATHERINE J, ADELMA NOTARY PUBLIC OF NEW JERSEY No. 231&ee5 commission Explr8' July 16, 2019 CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016:
"RESOLVED. that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered into in the ordinary course of business (each a "Written Commitment"):
(I) Each of 1he Chairman, 1he President and the Vice Presidents of 1he Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the
seal of the Company or other.vise.
(2) Each duly appointed allorney-in-fact of 1he Company is hereby authorized to execute any 1Vri11en Commllmenl for and on behalf of the Company. under the seal of the Company or
other.vise. to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact.
(3) Each of the Chairman, lhe President and the Vice Presidents of 1he Company is hereby authorized, for and on behalf of the Company, 10 appoint In wriling any person lhe attorney· ln·faCI of the Company with full power and authority to execute, for and on behalf of the Company, under 1he seal of lhe Company or olhern1se, such Written Commitments of the
Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification or one or more particular
Written Commitments.
(4) Each of 1he Chairman, the President and 1he Vice Presidents of 1he Company is hereby amhorized, for and on behalf of the Company. Jo delegate In writing to any other officer of the
Company the authority to execute, for and on behalf or the Company, under the Company's seal or other.vise, such Written Commitments of the Company as are specified in such
written delegation. which specification may be by general type or class of Written Commitments or by specification or one or more particular Written Commitments.
(5) The signature of any onker or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be aftlxed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, 1hat the foregoing Resolu1lon shall nol be deemed to be an exclusive Slatement of 1he powers and authority of offkers, employees and olher persons 10 act for and on behalf of
the Company, and such Resolution shall not limit or other.vise affect the exercise of any such power or authority other.vise validly granted or vested."
I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby
certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department: fw1her, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in Guam, Puerto Rico,
and each of the Provinces of Canada except Prince Edward Island: and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this
IN THE liVENT YOU WISH TO NOTIFY US OF A CLAIM. VERIFY THE AUTIIENTICtTY OF TlllS BOND OR NOTIFY US OF ANY OTHER MA'ITER. PLEASE CONTACT US AT: Tele hone (908) 903· 3493 Fax (908) 903-3656 e-mail: surct •fulchubb.com
Form 15-10-02258-U GEN CONSENT (rev. 12-16)
I
1 1
11
I !
I t
I
II
l I
l I
Policyholder Information Notice
IMPORTANT NOTICE To obtain information or make a complaint: You may call Chubb's toll-free telephone number for information or to make a complaint at 1-800-36-CHUBBYou may contact the Texas Depart ment of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439You may write the Texas Depmtment of Insurance P.O. Box 149104 Austin, TX 78714-9104 FAX# (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi .state. tx.usPREMIUM OR CLA IM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Depmtment of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not be come a part or condition of the attac hed document. Form 99-10-0299 (Rev. 1-08)
AV/SO IMPORTANTE Para obtener informaci6n o para someter una queja: Usted puede Hamar al numero de telefono gratis de Chubb's para informaci6n o para someter una queja al 1-800-36-CHUBBPuede comunicarse con el Depar tamento de Seguros de Texas para obtener informaci6n acerca de compafifas, coberturas, derechos o quejas al 1-800-252-3439Puede escr ibir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX# (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProte ction@tdi.state.tx.usDISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente primero. Si no se resueve la disputa, pu ede entonces comunicru·se con el departamento (TDI). UN A ESTE AV/SO A SU POLIZA: Este aviso es solo pru·a prop6sito de informaci6n y no se convie1te en paite o condici6n del documento adjunto.
11
11
11
11
II
DUAL OBLIGEE RIDER
To be attached to and form a part of contract bond number 8246-08-86 issued by the
Federal Insurance Company on behalf of Wilds tone Construction, LLC in the
amount of Four hundred eighteen thousand one hundred fifty six and 82/100
($418,156.82) and dated /0/2�20/7 in favor of Crowley 96, LLC.·7
In consideration of the sum of One Dollar ($1.00), and other good and valuable
consideration receipt of which is hereby acknowledged, the Undersigned herby agree as
follows:
1.City of Ft Worth, Texas is hereby added to said bond as an additional obligee.
2.The Surety shall not be liable under this bond to the Obligee, or either of them
unless the said Obligees, or either of them, shall make payments to the Principal
strictly in accordance with the terms of the said contract as to payments, and shall
perform all other obligations to be performed under said contract at the time and
in the manner therein set forth.
3.No suit, action or proceeding by reason of any default whatever shall be brought
on this bond after two (2) years and one (1) month from the day on which the
final payment under said construction contract falls due.
4.Aggregate liability of Surety hereunder to Obligees is limited to the penal sum
above stated and Surety, upon making payment hereunder, shall be subrogated to,
and shall be entitled to an assignment of all rights of the payee with respect to the
particular obligation discharged by the payment, either against principal or against
any other party liable to the payee on the discharged obligation.
,/11 Signed, sealed and dated this 2? day of c:JaTtfJE:£/L , 20_1_J_.
Federal Insurance Company
Surety
I r
l l
{ I
f l
t l
I l
11
l
l I
I
l l
l I
I
l
CITY OF FORT WORTH
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Fd:nuruy2,2016
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT TABLE OF CONTENTS Page
Article 1 -Definitions and Terminology .......................................................................................................... 1
1.01 Defined Tenns ............................................................................................................................... l
1.02 Terminology .................................................................................................................................. 6
Article 2 -Preliminary Matters ......................................................................................................................... 7
2.01 Copies ofDocuments .................................................................................................................... 7
2.02 Commencement of Contract Time; Notice to Proceed ................................................................ 7
2.03 Starting the Work .......................................................................................................................... 8
2.04 Before Starting Constn1ction ........................................................................................................ 8
2.05 Preconstruction Conference .......................................................................................................... 8
2.06 Public Meeting .............................................................................................................................. 8
2.07 Initial Acceptance ofSchedules .................................................................................................... 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 Documents ................................................................. 10
3.05 Reuse of Documents ................................................................................................................... 10
3.06 Electronic Data ............................................................................................................................ 11
Article 4-Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points ........................................................................................................... 11
4.01 Availability of Lands .................................................................................................................. 11
4.02 Subsurface and Physical Conditions .......................................................................................... 12
4.03 Differing Subsurface or Physical Conditions ............................................................................. 12
4.04 Underground Facilities ............................................................................................................... 13
4.05 Reference Points ......................................................................................................................... 14
4.06 Hazardous Environmental Condition at Site .............................................................................. 14
Article 5 -Bonds and Insurance ..................................................................................................................... 16
5.01 Licensed Sureties and Insurers ................................................................................................... 16
5.02 Performance, Payment, and Maintenance Bonds ....................................................................... 16
5.03 Certificates of Insurance ............................................................................................................. 16
5. 04 Contractor's Insurance ................................................................................................................ 18
5. 05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 19
Article 6 -Contractor's Responsibilities ........................................................................................................ 19
6.01 Supervision and Superintendence ............................................................................................... 19
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Febn�11y2, 2016
I i
I
I
11
I
I
11
l
l
l
6.02 Labor; Working Hours ................................................................................................................ 20
6.03 Services, Materials, and Equipment ........................................................................................... 20
6.04 Project Schedule .......................................................................................................................... 21
6.05 Substitutes and "Or-Equals" ....................................................................................................... 21
6.06 Concerning Subcontractors, Suppliers, and Others .................................................................... 24
6.07 Wage Rates .................................................................................................................................. 25
6.08 Patent Fees and Royalties ........................................................................................................... 26
6.09 Permits and Utilities .................................................................................................................... 27
6.10 Laws and Regulations ................................................................................................................. 27
6.11 Taxes ........................................................................................................................................... 28
6.12 Use of Site and Other Areas ....................................................................................................... 28
6.13 Record Documents ...................................................................................................................... 29
6.14 Safety and Protection .................................................................................................................. 29
6.15 Safety Representative .................................................................................................................. 30
6.16 Hazard Conununication Programs ............................................................................................. 30
6.17 Emergencies and/or Rectification ............................................................................................... 30
6.18 Subrnittals .................................................................................................................................... 31
6.19 Continuing the vVork ................................................................................................................... 32
6.20 Contractor's General Warranty and Guarantee .......................................................................... 32
6.21 Indemnification ......................................................................................................................... 33
6.22 Delegation of Professional Design Services .............................................................................. 34
6.23 Right to Audit. ............................................................................................................................. 34
6.24 Nondiscrimination ....................................................................................................................... 35
Article 7 -Other Work at the Site ................................................................................................................... 35
7.01 Related vVork at Site ................................................................................................................... 35
7 .02 Coordination ................................................................................................................................ 36
Article 8-City's Responsibilities ................................................................................................................... 36
8.01 Conununications to Contractor. .................................................................................................. 36
8.02 Furnish Data ................................................................................................................................ 36
8.03 Pay When Due ............................................................................................................................ 36
8.04 Lands and Easements; Reports and Tests ................................................................................... 36
8.05 Change Orders ............................................................................................................................. 36
8.06 Inspections, Tests, and Approvals .............................................................................................. 36
8.07 Limitations on City's Responsibilities ....................................................................................... 37
8.08 Undisclosed Hazardous Environmental Condition .................................................................... 37
8.09 Compliance \vith Safety Program ............................................................................................... 37
Article 9 -City's Observation Status During Construction ........................................................................... 37
9.01 City's Project Manager ............................................................................................................ 37
9.02 Visits to Site ................................................................................................................................ 37
9.03 Authorized Variations in Work .................................................................................................. 38
9.04 Rejecting Defective vVork .......................................................................................................... 38
9.05 Determinations for Work Performed .......................................................................................... 38
9 .06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 3 8
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECLFICATION DOCUMENTS
Revision: Febmruy 2, 2016
Article 10-Changes in the Work; Claims; Extra Work ................................................................................ 38
10.01 Authorized Changes in the Work ............................................................................................... 38
10.02 Unauthorized Changes in the Work ........................................................................................... 39
10.03 Execution of Change Orders ....................................................................................................... 39
10.04 Extra Work .................................................................................................................................. 39
10.05 Notification to Surety .................................................................................................................. 39
10. 06 Contract Claims Process ............................................................................................................. 40
Article 11 -Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement... ................... 41
11.01 Cost of the Work ......................................................................................................................... 41
11.02 Allo\vances .................................................................................................................................. 43
11.03 Unit Price Work .......................................................................................................................... 44
11.04 Plans Quantity Measureinent ...................................................................................................... 45
Article 12 -Change of Contract Price; Change of Contract Time ................................................................ .46
12.01 Change of Contract Price ............................................................................................................ 46
12.02 Change of Contract Time ............................................................................................................ 47
12.03 Delays .......................................................................................................................................... 47
Article 13 -Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 48
13.01 Notice of Defects ........................................................................................................................ 48
13.02 Access to Work ........................................................................................................................... 48
13.03 Tests and Inspections .................................................................................................................. 48
13.04 Uncovering vVork ........................................................................................................................ 49
13.05 City May Stop the vVork ............................................................................................................. 49
13.06 Correction or Removal of Defective Work ................................................................................ 50
13 .07 Correction Period ........................................................................................................................ 50
13.08 Acceptance of Defective vVork ................................................................................................... 51
13.09 City May Correct Defective Work ............................................................................................. 51
Article 14 -Payments to Contractor and Completion .................................................................................... 52
14.01 Schedule ofValues ...................................................................................................................... 52
14.02 Progress Payinents ...................................................................................................................... 52
14.03 Contractor's Warranty of Title ................................................................................................... 54
14.04 Partial Utilization ........................................................................................................................ 55
14.05 Final Inspection ........................................................................................................................... 55
14.06 Final Acceptance ......................................................................................................................... 55
14.07 Final Payment .............................................................................................................................. 56
14.08 Final Completion Delayed and Partial Retainage Release ........................................................ 56
14.09 Waiver of Claims ........................................................................................................................ 57
Article 15-Suspension of Work and Termination .......................... : ............................................................. 57
15.01 City May Suspend Work ............................................................................................................. 57
15.02 City May Tenninate for Cause ................................................................................................... 58
15.03 City May Terminate For Convenience ....................................................................................... 60
Aliicle 16 -Dispute Resolution ...................................................................................................................... 61
16.01 .Methods and Procedures ............................................................................................................. 61
CITY OF FORT WORTH STA.i'IDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Feb1uruy 2, 2016
11
11
I l
11
I I
l !
l l
I
l
Article 17 -Miscellaneous .............................................................................................................................. 62
17.01 GivingNotice .............................................................................................................................. 62
17. 02 Computation of Times ................................................................................................................ 62
17.03 Cumulative Remedies ................................................................................................................. 62
17.04 Survival ofObligations ............................................................................................................... 63
17.05 Headings ...................................................................................................................................... 63
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Februmy2,2016
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
007200-1
GENERAL CONDITIONS
Page I of 63
A.Wherever used in these General Conditions or in other Contract Documents, the tenns 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 fonns.
1.Addenda-\Vritten or graphic instmments issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the proposed Contract Documents.
2.Agreement-The written instrument which is evidence of the agreement between City and
Contractor covering the Work.
3.Application for Payment-The form acceptable to City which is to be used by Contractor
during the course of the \.York in requesting progress or final payments and which is to be
accompanied by such supporting documentation as is required by the Contract Documents.
4.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.
5.A,.,rnrd-Authorization by the City Council for the City to enter into an Agreement.
6.Bid-The offer or proposal of a Bidder submitted on the prescribed fonn setting forth the
prices for the vVork to be performed.
7.Bidder-The individual or entity who submits a Bid directly to City.
8.Bidding Documents-The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
9.Bidding Requirements-The advertisement or Invitation to Bid, Instructions to Bidders, Bid
security of acceptable form, if any, and the Bid Form with any supplements.
10.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.
11.Buzzsaw -City's on-line, electronic document management and collaboration system.
12.Calendar Day-A day consisting of24 hours measured from midnight to the next midnight.
CITY OF FORT WORTH
ST Ai'IDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Feb1umy 2, 2016
I
11
I I
r \
11
I
11
11
l
I
007200-1
GENERAL CONDITIONS
Page 2 of 63
13.Change Order-A document, which is prepared and approved by the City, which is signed
by Contractor 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.
14.City-The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and
chartered under the Texas State Statutes, acting by its governing body through its City
Manager, his designee, or agents authorized under his behalf, each of which is required by
Charter to perfonn specific duties with responsibility for final enforcement of the contracts
involving the City of Fort Worth is by Charter vested in the City Manager and is the entity
with whom Contractor has entered into the Agreement and for whom the Work is to be
performed.
15.City Attorney -The officially appointed City Attorney of the City of Fort Worth, Texas, or
his duly authorized representative.
16.City Council -The duly elected and qualified governing body of the City of Fort Worth,
Texas.
17.City }.;Janager -The officially appointed and authorized City Manager of the City of Fort
'North, Texas, or his duly authorized representative.
18.Contract Clairn-A demand or asse1iion by City or Contractor seeking an adjustment of
Contract Price or Contract Time, or both, or other relief with respect to the terms of the
Contract. A demand for money or services by a third party is not a Contract Claim.
19.Contract-The entire and integrated wtitten document between the City and Contractor
concerning the Work The Contract contains the Agreement and all Contract Documents and
supersedes ptior negotiations, representations, or agreements, whether written or oral.
20.Contract Docwnents-Those items so designated in the Agreement. All items listed in the
Agreement are Contract Documents. Approved Subrnittals, other Contractor submittals, and
the reports and drawings of subsurface and physical conditions are not Contract Documents.
21.Contract Price-The moneys payable by City to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the Agreement (subject to the
provisions of Paragraph 11.03 in the case of Unit Price ·work).
22.Contract Time-The number of days or the dates stated in the Agreement to: (i) achieve
Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance.
23.Contractor-The individual or entity with whom City has entered into the Agreement.
24.Cost of the Work-See Paragraph 11.01 of these General Conditions for definition.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Febn�'ll}'2, 20 [ 6
007200-1
GENERAL CONDITIONS
Page 3 of 63
25.Damage Claims - A demand for money or services arising from the Project or Site from a
third party, City or Contractor exclusive of a Contract Claim.
26.Day or day-A day, unless otherwise defined, shall mean a Calendar Day.
27.Director of Aviation -The officially appointed Director of the Aviation Department of the
City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
28.Director of Parks and Community Services -The officially appointed Director of the Parks
and Community Services Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
29.Director of Planning and Development -The officially appointed Director of the Planning
and Development Department of the City of F01i Worth, Texas, or his duly appointed
representative, assistant, or agents.
30.Director of Transportation Public Works -The officially appointed Director of the
Transportation Public Works Department of the City of Fort Worth, Texas, or his duly
appointed representative, assistant, or agents.
31.Director of Water Department -The officially appointed Director of the Water Department
of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
32.Drawings-That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the vVork to be performed by
Contractor. Submittals are not Drawings as so defined.
33.Effective Date of the Agreement-The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
34.Engineer-The licensed professional engineer or engineering finn registered in the State of
Texas performing professional services for the City.
35.Extra Work -Additional work made necessary by changes or alterations of the Contract
Documents or of quantities or for other reasons for which no prices are provided in the
Contract Documents. Extra work shall be part of the vVork.
36.Field Order-A �mitten order issued by City which 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.
37.Final Acceptance -The written notice given by the City to the Contractor that the Work
specified in the Contract Documents has been completed to the satisfaction of the City.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPEC[F[CATION DOCillvlENTS
Revision: Feb1uuy2,20!6
11
11
I l
I l
I
11
I
I I
l
l
I
I I
I I
I
l
007200-J
GENERAL CONDITIONS
Page4 of63
38.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.
39.General Requirements-Sections of Division 1 of the Contract Documents.
40.Hazardous Environmental Condition-The presence at the Site of Asbestos, PCBs,
Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or
circumstances that may present a substantial danger to persons or property exposed thereto.
41.Hazardous Waste-Hazardous waste is defined as any solid waste listed as hazardous or
possesses one or more hazardous characteristics as defined in the federal waste regulations,
as amended from time to time.
42.Lmrs 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.
43.Liens-Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
44 . .lvf ajor Item -An Item of work included in the Contract Documents that has a total cost equal
to or greater than 5% of the original Contract Price or $25,000 whichever is less.
45.1.Vfilestone-A principal event specified in the Contract Documents relating to an intennediate
Contract Time prior to Final Acceptance of the vVork.
46.Notice of Ai.vard-The written notice by City to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein, City
will sign and deliver the Agreement.
47.Notice to Proceed-A written notice given by City to Contractor fixing the date on which the
Contract Time will commence to nm and on which Contractor shall start to perform the
'Nork specified in Contract Documents.
48.PCBs-Polychlorinated biphenyls.
49.Petroleum-Petroleum, including crnde oil or any fraction thereof which is liquid at standard
conditions of temperahire and pressure (60 degrees Fahrenheit and 14.7 pounds per square
inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and
oil mixed with other non-Hazardous Waste and crnde oils.
50.Plans -See definition of Drawings.
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Froruary2,20I 6
00 72 00-1
GENERAL CONDITIONS
Page 5 of 63
51.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.
52.Project-The Work to be performed under the Contract Documents.
53.Project Manager-The authorized representative of the City who will be assigned to the
Site.
54.Public Meeting - An announced meeting conducted by the City to facilitate public
participation and to assist the public in gaining an informed view of the Project.
55.Radioactive .Material-Source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
56.Regular Worl,.ing Hours -Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday
thru Friday (excluding legal holidays).
57.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.
58.Schedule of Submittals-A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to suppmt scheduled performance of related
constrnction activities.
59.Schedule of Values-A schedule, prepared and maintained by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor's Applications for Payment.
60.Site-Lands or areas indicated in the Contract Documents as being furnished by City 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 which are designated for the use of
Contractor.
61.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.
62.Subcontractor-An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the vVork at the Site.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Feb1u.-uy2, 2016
11
I !
11
11
I I
1 1
I I
11
I
l
l
007200-1 GENERAL CONDITIONS Page 6 of 63
63.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.
64.Successful Bidder-The Bidder submitting the lowest and most responsive Bid to whom City
makes an Award.
65.Superintendent -The representative of the Contractor who is available at all times and able
to receive instructions from the City and to act for the Contractor.
66.Supp lementmy Conditions-That part of the Contract Documents which amends or
supplements these General Conditions.
67.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.
68.Underground Facilities-All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, hmnels, 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.
69.Unit Price Work-See Paragraph 11.03 of these General Conditions for definition.
70.Weekend Worldng 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.
71.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 constrnction
including any Change Order or Field Order, and furnishing, installing, and incorporating all
materials and equipment into such constrnction, all as required by the Contract Documents.
72.Working Day - A working day is defined as a day, not including Sahirdays, 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 pe1iod 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 E are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B.Intent of Certain Terms or Adjectives:
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnk11)'2,2016
007200-1 GENERAL CONDITIONS Page 7 of63 1.The Contract Documents include the tenns "as allowed," "as approved," "as ordered," "as
directed" or tenns 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 action or detennination of City 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 compliance with the information in the
Contract Documents and with the design concept of the Project as a functioning whole as
shown or indicated in the Contract Documents (unless there is a specific statement indicating
otherwise).
C.Defective:
1.The word "defective," when modifying the word "Work," refers to Work that 1s
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.
D.Furnish, Install, Perform, Provide:
1.The word "Furnish" or the word "Install'' or the word "Perfo1m'' 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 perfonn the vVork indicated, unless specifically limited in the
context used.
E.Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or constrnction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
ARTICLE 2 -PRELilVIINARY MATTERS
2.01 Copies of Docwnents
City 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 upon request at the cost of reproduction.
2.02 Commencement of Contract Time; Notice to Proceed
The Contract Time will commence to nm on the day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnk11)' 2, 2016
11
I I
11
I ;
11
11
I I
I
I !
l
l I
l
l
2.03 Starting the Work
007200-1
GENERAL CONDITIONS
Page 8 of 63
Contractor shall start to perfonn the Work on the date when the Contract Time commences to run.
No Work shall be done at the Site prior to the date on which the Contract Time commences to nm.
2.04 Before Starting Construction
Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the
Work.
2.05 Preconstruction Conference
Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as
specified in the Contract Documents.
2.06 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.
2.07 Initial Acceptance of Sclzedules
No progress payment shall be made to Contractor until acceptable schedules are submitted to City in
accordance with the Schedule Specification as provided in the Contract Documents.
ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDli�G, REUSE
3.01 Intent
A.The Contract Documents are complementary; what is required by one is as binding as if required
by all.
B.It is the intent of the Contract Documents to describe a functionally complete project (or part
thereof) to be constructed in accordance with the Contract Documents. Any labor,
documentation, services, materials, or equipment that reasonably may be inferred from the
Contract Documents or from prevailing custom or trade usage as being required to produce the
indicated result will be provided whether or not specifically called for, at no additional cost to
City.
C.Clarifications and interpretations of the Contract Documents shall be issued by City.
D.The Specifications may vary in form, fonnat and style. Some Specification sections may be
written in varying degrees of streamlined or declarative style and some sections may be
relatively narrative by comparison. Omission of such words and phrases as "the Contractor
shall," "in conformity 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 parts of a section or articles within a part depending on the format of the
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Febnk11)' 2, 2016
007200-1
GENERAL CONDITIONS
Page 9 of 63
section. The Contractor shall not take advantage of any variation of fonn, format or style in
making Contract Claims.
E.The cross referencing of specification sections under the subparagraph heading "Related
Sections include but are not necessarily limited to:" and elsewhere within each Specification
section 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 coordinate the entire Work under the
Contract Documents and provide a complete Project whether or not the cross referencing is
provided in each section or whether or not 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 provision of any such standard, specification, manual, or code, or any instruction of a
Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any
of their subcontractors, consultants, agents, or employees, from those set forth in the Contract
Documents. No such provision or instrnction 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.
3.03 Reporting and Resolving Discrepancies
A.Reporting Discrepancies:
1.Contractor's Revien· of Contract Documents Before Starting Work: Before unde1taking each
part of the \.York, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein against all applicable field measurements and
conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity,
or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a
written interpretation or clarification from City before proceeding with any Work affected
thereby.
2.Contractor's RevieH' of Contract Documents During Pe,formance of Work: If, during the
perfonnance of the \.York, Contractor discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instrnction of
any Supplier, then Contractor shall promptly report it to City in w1iting. Contractor shall not
proceed with the Work affected thereby (except in an emergency as required by Paragraph
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Febmruy 2, 2016
f
11
I I
11
II
I
l l
I
I
l
3.04
007200-1
GENERAL CONDITIONS
Page 10 of63
6.17 .A) until an amendment or supplement to the Contract Documents has been issued by
one of the methods indicated in Paragraph 3.04.
3.Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or
discrepancy in the Contract Documents unless 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 Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and the provisions of any
standard, specification, manual, or the instrnction of any Supplier (whether 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.
Amending and Sipplementing Contract Documents
A.The Contract Documents may be amended to provide for additions, deletions, and revisions in
the \Vork or to modify the terms and conditions thereof by a 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;
2.City's review ofa Submittal (subject to the provisions of Paragraph 6.18.C); or
3.City's written inter pretation or clarification.
3.05 Reuse of Documents
A.Contractor and any Subcontractor or Supplier shall not:
1.have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents ( or 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 thereof on extensions of
the Project or any other project without written consent of City and specific written
verification or adaptation by Engineer.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Feb1lm1y 2, 2016
0072 00-I
GENERAL CONDITIONS
Page II of63
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A.Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer
to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the
printed copies included in the Contract Documents (also known as hard copies) and other
Specifications referenced and located on the City's Buzzsaw site. Files in electronic media
format of text, data, graphics, or other types are furnished only for the convenience of the
receiving party. Any conclusion or information obtained or derived from such electronic files
will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard
copies, the hard copies govern.
B.·when transferring documents in electronic media format, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from 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.City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of
general application but specifically related to use of the Site with which Contractor must comply
in perfonning the Work. City will obtain in a timely manner and pay for easements for
permanent struch1res or permanent changes in existing facilities.
1.The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or
easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in
accordance with the schedule set forth in the Supplementary Conditions. The Project
Schedule submitted by the Contractor in accordance with the Contract Documents must
consider any outstanding right-of-way, and/or easements.
2.The City has or anticipates removing and/or relocating utilities, and obstrnctions to the Site.
Any outstanding removal or relocation of utilities or obstrnctions is anticipated in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted
by the Contractor in accordance with the Contract Documents must consider any outstanding
utilities or obstructions to be removed, adjusted, and/or relocated by others.
B.Upon reasonable written request, City shall furnish Contractor with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed.
CITY OF FORT WORTH
ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Febn.-uy2, 2016
11
11
I I
11
1
I I
I
4.02
007200-1
GENERAL CONDITIONS
Page 12 of63
C.Contractor shall provide for all additional lands and access thereto that may be required for
construction facilities or storage of materials and equipment.
Subsurface and Physical Conditions
A.Reports and Drawings: The Supplementary Conditions identify:
1.those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2.those drawings known to City of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities).
B.Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1.the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
constrnction to be employed by Contractor, and safety precautions and programs incident
thereto; or
2.other data, interpretations, opinions, and infonnation contained in such reports or shown or
indicated in such drawings; or
3.any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions, or infonnation.
4.03 Differing Subsurface or Physical Conditions
A.Notice: If Contractor believes that any subsurface or physical condition that is uncovered or
revealed either:
1.is of such a nature as to establish that any "technical data" on which 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.differs materially from that shown or indicated in the Contract Documents; or
4.is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUJ\,IENTS
Revision: Febm:uy 2, 2016
00 72 00 - I
GENERAL CONDITIONS Page 13 of 63
then Contractor shall, promptly after becoming aware thereof and before further disturbing the
subsurface or physical conditions or perfonning any Work in connection therewith (except in an
emergency as required by Paragraph 6.17.A), notify City in writing about such condition.
B.Possible Price and Time Adjustments
Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if:
1.Contractor knew of the existence of such conditions at the time Contractor made a final
commitment to City with respect to Contract Price and Contract Time by the submission of a
Bid or becoming bound under a negotiated contract; or
2.the existence of such condition could reasonably have been discovered or revealed as a result
of the examination of the Contract Documents or the Site; or
3.Contractor failed to give the written notice as required by Paragraph 4.03.A.
4.04 Underground Facilities
A.Slw-wn or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on
information and data furnished to City or Engineer by the owners of such Underground
Facilities, including City, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1.City and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others; and
2.the cost of all of the following will be included in the Contract Price, and Contractor shall
have full responsibility for:
a.reviewing and checking all such information and data;
b.locating all Underground Facilities shown or indicated in the Contract Documents;
c.coordination and adjustment of the Work with the owners of such Underground
Facilities, including City, during constrnction; and
d.the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the vVork.
B.Not Sho,vn or Indicated:
1.If an Underground Facility which conflicts with the vVork is uncovered or revealed at or
contiguous to the Site which was not shown or indicated, or not shown or indicated with
reasonable accuracy in the Contract Documents, Contractor shall, promptly after bec01ning
aware thereof and before further disturbing conditions affected thereby or performing any
CITY OF FORT WORTH
ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febn.ruy2,20l6
f
f I
11
11
11 007200-1 GENERAL CONDITIONS Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility.
2.If City concludes that a change in the Contract Documents is required, a Change Order maybe issued to reflect and document such consequences.
3.Verification of existing utilities, structures, and service lines shall include notification of allutility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary.
J : 4.05 Reference Points
I I
I
I
A.City shall provide engineering surveys to establish reference points for construction, which inCity's judgment are necessary to enable Contractor to proceed with the ·work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays.
B.·whenever, in the opinion of the City, any reference point or monument has been carelessly orwillfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drcnvings:The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental 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 "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1.the completeness of such reports and drawings for Contractor's purposes, including, but notlimited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATrON DOCI.JwlENTS Revision: Feb1ua1y2, 2016
0072 00-I
GENERAL CONDITIONS
Page 15 of63
construction to be employed by Contractor and safety precautions and programs incident
thereto; or
2.other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings; or
3.any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
C.Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the \,Vork. Contractor shall be responsible
for a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D.If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby ( except in an emergency as required by
Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing).
City may consider the necessity to retain a qualified expert to evaluate such condition or take
conective action, if any.
E.Contractor shall not be required to resume \,Vork in connection with such condition or in any
affected area until after City has obtained any required permits related thereto and delivered
written notice to Contractor: (i) specifying that such condition and any affected area is or has
been rendered suitable for the resumption of Work; or (ii) specifying any special conditions
under which such \,Vork may be resumed.
F.If after receipt of such written notice Contractor does not agree to resume such Work based on a
reasonable belief it is unsafe, or does not agree to resume such \,Vork under such special
conditions, then City may order the portion of the Work that is in the area affected by such
condition to be deleted from the ·work. City may have such deleted portion of the Work
perfonned by City's own forces or others.
G.To the fullest extent permitted by Lmvs 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 a Hazardous
Environmental Condition created by Contractor or by anyone for whom Contractor is
responsible. Nothing in this Paragraph 4.06. G shall obligate Contractor to indemnify any
individual or entity from and against the consequences of that indh1idual 's or entity's own
negligence.
H.The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Febn.1aiy2,2016
11
r I
I
I \
I I
I
l
l l
l
l
00 72 00-1
GENERAL CONDITIONS
Page 16 of63
ARTICLE 5-BONDS AND INSURANCE
5.01 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 coverages so required.
Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.02 Performance, Payment, and Maintenance Bonds
5.03
A.Contractor shall furnish performance and payment bonds, 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 perfonnance 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 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 Treasmy. 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 5.02.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 5.01 and 5.02.C.
Certificates of Insurance
Contractor shall deliver to City, with copies to each additional insured and loss payee identified in
the Supplementary 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.
1.The certificate of insurance shall document the City, and all identified entities named in the
Supplementary Conditions as "Additional Insured" on all liability policies.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Feb1rn1y2,2016
00 7200-1
GENERAL CONDITIONS
Page 17 of63
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 AM. 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 the Supplementary
Conditions
6.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 constrned as a waiver of Contractor's obligation to maintain such lines
of insurance coverage.
7.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 fonn of the
pnmary 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 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
msurance coverage.
9.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%.
10.Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCI.Hv!ENTS
Revision: Feb1uruy 2, 20 I 6
f I
l I
11
I I
11
11
I
I l
5.04
007200-1
GENERAL CONDITIONS
Page 18 of63
lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups, must also be approved by City.
11.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.
12.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.
13.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.
14.City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
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 'Nork 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 injmy, occupational sickness or disease, or death of
Contractor's employees.
B.Commercial General Liability. Coverage shall include but not be limited to covering liability
(bodily injmy 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 ctment Insurance Services
Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUtvlENTS
Revision: Feb1m1y2,2016
00 72 00-1 GENERAL CONDITIONS
Page 19 of63
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.
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 (if identified in the Supplementary
Conditions).
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.
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 requirements identified in the
Supplementary Conditions.
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.
5.05 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 Aliicle 5 on the basis
of non-conformance with the Contract Documents, the 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 City may
reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance
required by the Contract Documents, the City shall notify the Contractor in writing of such failure
prior to the start of the vVork, 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 competently and efficiently, devoting
such attention thereto and applying such skills and expe1iise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction.
CITY OF FORT WORTH
ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Feb1m1y2,20l6
11
I I
11
I I
11
I !
I
I I
I I
I
I
l.
11
l
007200-1 GENERAL CONDITIONS
Page20 of63
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.
6.02 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 perfonn 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.
6.03 Services, ldaterials, and Equipment
A.Unless otherwise specified in the Contract Documents, Contractor shall provide and assume foll
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 vVork.
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 nm to the benefit
of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of materials and equipment.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Feb1uaiy2,2016
007200-1
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 with instrnctions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
D.All items of standard equipment to be incorporated into the Work shall be the latest model at the
time of bid, unless otherwise specified.
6.04 Project Schedule
A.Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07
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 2.07 and
the General Requirements) proposed adjustments in the Project Schedule that will not result
in changing the Contract Time. Such adjustments will comply with any provisions of the
General Requirements applicable thereto.
2.Contractor shall submit to City a monthly Project Schedule with a monthly progress payment
for the duration of the Contract in accordance with the schedule specification 013216.
3.Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Time
may only be made by a Change Order.
6.05 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 pennitted, 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 mate1ial or equipment proposed by
Contractor is functionally equal to that named and sufficiently similar so that no change in
related \,York 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 6.05.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a.the City detennines that:
CITY OF FORT WORTH
1)it is at least equal in matetials of constrnction, quality, durability, appem·ance,
strength, and design characteristics;
ST AND ARD CONSTRUCTION SPECIFICATION DOCIBI-IENTS
Revision: Febmruy2, 2016
11
I I
11
11
I I
11
11
007200-1
GENERAL CONDITIONS
Page22 of63
2)it will reliably perform at least equally well the function and achieve the resultsimposed by the design concept of the completed Project as a functioning whole; and
3)it has a proven record of performance and availability ofresponsive 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
2)it will conform substantially to the detailed requirements of the item named in theContract Documents.
2. Substitute Items:
a.If in City's sole discretion an item ofmate1ial or equipment proposed by Contractor doesnot qualify as an "or-equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item.
b.Contractor shall submit sufficient information as provided below to allow City todetermine 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 substih1te itemof material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and:
CITY OF FORT WORTH
1)shall certify that the proposed substitute item will:
a)perfonn adequately the functions and achieve the results called for by the generaldesign;
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 which the use of the proposed substitute item will prejudiceContractor's achievement of final completion on time;
b)whether use of the proposed substitute item in the \.York will require a change inany 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;
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Fdm411)'2,20l6
00 72 00-I GENERAL CONDITIONS Page 23 of 63 c)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:
a)all variations of the proposed substitute item from that specified;
b)available engineering, sales, maintenance, repair, and replacement services; and
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 Jvlethods 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 detennine 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 6.05.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 6.05.A and 6.05.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 detennination.
D.Special Guarantee: City may require Contractor to furnish at Contractor's expense a special
perfonnance 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 fi"om 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 6.05.A.2 and 6.05.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 (or in the
provisions of any other direct contract with City) resulting from the acceptance of each proposed
substitute.
F.Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or
"or-equal" at Contractor's expense.CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPEClFICA TION DOCUMENTS Revision: Feb111ruy2, 20 I 6
I
f
00 72 00-I
GENERAL CONDITIONS
Page 24 of 63 G.City Substitute Reimbursement:Costs (savings or charges) attributable to acceptance of asubstitute shall be incorporated to the Contract by Change Order.H.Time Extensions: No additional time will be granted for substitutions.11 6.06 Concerning Subcontractors, Szppliers, and Others
f I
I I 1111I
I i 11I I
l I
l A.Contractor shall perform with his own organization, work of a value not less than 35% of thevalue embraced on the Contract, unless otherwise approved by the City.B.Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whetherinitially or as a replacement, against whom City may have reasonable objection. Contractor shallnot be required to employ any Subcontractor, Supplier, or other individual or entity to furnish orperform any of the Work against whom Contractor has reasonable objection (excluding thoseacceptable to City as indicated in Paragraph 6.06.C).C.The City may from time to time require the use of certain Subcontractors, Suppliers, or otherindividuals or entities on the project, and will provide such requirements in the SupplementaryConditions.D.Jvlinority Business Enterprise Compliance:It is City policy to ensure the full and equitableparticipation by Minority Business Enterprises (MBE) in the procurement of goods and serviceson a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is requiredto comply with the intent of the City's MBE Ordinance (as amended) by the following:1.Contractor shall, upon request by City, provide complete and accurate information regardingachrnl work performed by a MBE on the Contract and payment therefor.2.Contractor will not make additions, deletions, or substitutions of accepted MBE withoutwritten consent of the City. Any unjustified change or deletion shall be a material breach ofContract and may result in debarment in accordance with the procedures outlined in theOrdinance.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 workperfmmed by an MBE. Material misrepresentation of any nature will be grounds fortermination of the Contract in accordance with Paragraph 15.02.A. Any suchmisrepresentation may be grounds for disqualification of Contractor to bid on fuh1recontracts with the City for a period of not less than three years.E.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 asContractor is responsible for Contractor's own acts and omissions. Nothing in the ContractDocuments:CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Feb1m1y2, 2016
007200-1
GENERAL CONDITIONS
Page 25 of63
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.
F.Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers, and other individuals or entities perfonning or furnishing any of the
Work under a direct or indirect contract with Contractor.
G.All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any
of the Work shall communicate with City through Contractor.
H.All Work perfonned 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 Subcont ractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of City.
6.07 Wage Rates
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 detennined 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
detennination, 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
detennination 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 detennination of the
violation.
CITY OF FORT WORTH
ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Feb1Ulll)'2,20l6
1 I
II
[ I
11
11
I
I I
11
11
I
l I
00 72 00-I
GENERAL CONDITIONS
Page26 of63
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 Jvlaintained. 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
occupation of each worker employed by the Contractor in the constrnction 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.
6.08 Patent Fees and Royalties
A.Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the \Vork of any invention, design, process,
product, or device which is the subject of patent rights or copyrights held by others. If a
particular invention, design, process, product, or device is specified in the Contract Documents
for use in the performance of the \York and if, to the actual knowledge of City, its use is subject
to patent rights or copyrights calling for the payment of any license fee or royalty to others, the
existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City
to disclose such information does not relieve the Contractor from its obligations to pay for the
use of said fees or royalties to others.
B.To the fullest extent permitted by Lmvs and Regulations, Contractor shall indemnify and hold
harmless City, from and against all claims, costs, losses, and darnages (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 pe1formance of the Work or resulting ji-om
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Febn!al)'2, 2016
OD 72 OD-I
GENERAL CONDITIONS
Page27 of63
the inc01poration 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 for all constrnction
permits and licenses except those provided for in the Supplementary Conditions or Contract
Documents. City shall assist Contractor, when necessary, in obtaining such pennits and licenses.
Contractor shall pay all governmental charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement, except for pennits provided by the City as specified in 6.09.B.
City shall pay all charges of utility owners for connections for providing pennanent service to the
Work.
B.City obtained permits and licenses. City will obtain and pay for all permits and licenses as
provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's
responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the
Contract and the City approves the changes, the Contractor is responsible for obtaining
clearances and coordinating with the appropriate regulatory agency. The City will not reimburse
the Contractor for any cost associated with these requirements of any City acquired permit. The
following are permits the City will obtain ifrequired:
1.Texas Department of Transportation Penni ts
2.U.S. Anny Corps of Engineers Permits
3.Texas Commission on Environmental Quality Permits
4.Railroad Company Permits
C.Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits
and licenses. Any outstanding pennits and licenses are anticipated to be acquired in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule sub1nitted by
the Contractor in accordance with the Contract Documents must consider any outstanding
permits and licenses.
6.10 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 perfonns 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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Ft'bruaiy2, 2016
I I
I
11
11
11
I
11
I l
007200-I
GENERAL CONDITIONS
Page 28 of 63
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 3.02.
C.Changes in Laws or Regulations not 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 organization which qualifies for exemption pursuant to
Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may
purchase, rent or lease all materials, supplies and equipment used or consumed in the
performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax,
said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption
certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the
provision of State Comptroller's Ruling .011, and any other applicable rnlings pertaining to the
Texas Tax Code, Subchapter H.
B.Texas Tax permits and information may be obtained from:
1.Comptroller of Public Accounts
Sales Tax Division
Capitol Station
Austin, TX 78711; or
2.http://wi.,v,,v.window.state.tx.us/taxinfo/taxfonns/93-fonns.html
6.12 Use ofSite and Other Areas
A.Limitation on Use of Site and Other Areas:
1.Contractor shall confine constrnction 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 constrnction equipment or
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 perf01mance of the 'Nork.
2.At any time when, in the judgment of the City, the Contractor has obstrncted 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.
ClTY OF FORT WORTH
STANDARD CONSTRUCTION SPEClFlCA TlON DOCUMENTS
Revision: Fdnm1y2,2016
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
perfonnance 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 Pe1formance 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 confonn 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, 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 the costs of such direct action, plus 25 % of
such costs, shall be deducted from the monies due or to become due to the Contractor.
D.Final Site Cleaning: Prior to Final Acceptance of the 'Work Contractor shall clean the Site and
the \,Vork and make it ready for utilization by City or adjacent property owner. At the completion
of the \,Vork 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 \Vork.
E.Loading Strnctures: 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.
6.13 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
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.
6.14 Safety and Protection
A.Contractor shall be solely responsible for initiating, maintaining and superv1smg all safety
precautions and programs in connection with the \,Vork. 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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Ft-bnk'll)' 2, 2016
r I
11
r I
11
l 6.15 007200-1
GENERAL CONDITIONS
Page 30 of 63 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 onor off the Site; and3.other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,pavements, roadways, structures, utilities, and Underground Facilities not designated forremoval, relocation, or replacement in the course of constmction.B.Contractor shall comply with all applicable Laws and Regulations relating to the safety ofpersons or property, or to the protection of persons or property from damage, injury, or loss; andshall erect and maintain all necessary safeguards for such safety and protection. Contractor shallnotify owners of adjacent property and of Underground Facilities and other utility owners whenprosecution 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 infonn 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 refe1recl 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 anyother individual or entity directly or indirectly employed by any of them to perfonn any of thevVork, 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 vVork shall continueuntil such time as all the Work is completed and City has accepted the vVork.Safety Representative Contractor shall infonn City in writing of Contractor's designated safety representative at the Site. 6.16 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. 6.17 Emergencies and/or Rectification A.In emergencies affecting the safety or protection of persons or the vVork or prope1iy at the Site oradjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.Contractor shall give City prompt written notice if Contractor believes that any significantCITY OF FORT WORTH
STANDARD CONSTRUCTION SPEClFlCATION DOCUMENTS
Revision: Febmruy2, 20l 6
00 72 00 - I
GENERAL CONDITIONS
Page 31 of 63
changes in the Work or variations from the Contract Documents have been caused thereby or are
required as a result thereof. If City determines that a change in the Contract Documents is
required because of the action 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 from the City to rectify any discrepancies,
omissions, or correction necessary to conform with the requirements of the Contract Documents,
the City shall give the Contractor written notice that such work or changes are to be performed.
The written notice shall direct attention to the discrepant condition and request the Contractor to
take remedial action to correct the condition. In the event the Contractor does not take positive
steps to fulfill this written request, or does not show just cause for not taking the proper action,
within 24 hours, the City may take such remedial action with City forces or by contract. The City
shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any
funds due or become due the Contractor on the Project.
6.18 Submittals
A.Contractor shall submit required Subrnittals to City for review and acceptance in accordance
with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be
identified as City may require.
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 perfonnance 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 infonnation for the limited pmposes required by Paragraph 6.18.C.
3.Subrnittals submitted as herein provided by Contractor and reviewed by City for
conformance with the design concept shall be executed in confonnity 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 6.18.C.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Febmary2,2016
r
r I
I
r I
11
I I
f I
11
I
l
6.19
00 72 00-I GENERAL CONDITIONS Page 32 of63
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 info1mation 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.
2.City's review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of constrnction ( except where a particular means, method, technique, sequence,
or procedure of constrnction 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.
Continuing the Work
Except as otherwise provided, Contractor shall carry on the 'Nork and adhere to the Project Schedule
during all disputes or disagreements with City. No \Vork shall be delayed or postponed pending
resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in
writing.
6.20 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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Feb1uruy2,2016
2.normal wear and tear under normal usage.
0072 00-I
GENERAL CONDITIONS
Page 33 of 63
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 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 vVork or any pait thereof by City;
5.any review and acceptance of a Submittal by City;
6.any inspection, test, or approval by others; or
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 vVork unless a longer period is specified and shall
furnish a good and sufficient maintenance bond, complying with the requirements of Alticle
5.02.B. TI1e City will give notice of observed defects with reasonable promptness.
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, 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 DAlVIAGES BEING SOUGHT \VERE CAUSED, IN \VHOLE 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. TffiS INDEMNIFICATION PROVISION IS
CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Februruy2, 2016
11
f
11
11
I
11
11
I
l I
l l
0072 00-I GENERAL CONDITIONS
Page 34 of 63
SPECIFICALLY INTENDED TO OPERA TE AND BE EFFECTIVE EVEN IF IT IS
ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT
\VERE CAUSED, IN \.VHOLE OR IN PART, BY ANY ACT. OMISSION OR
NEGLIGENCE OF THE CITY.
6.22 Delegation of Professional Design Services
6.23
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
Subrnittals prepared by such professional. Subrnittals 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.
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 ciiteria that such 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 with performance and
design criteria given and the design concept expressed in the Contract Documents. City's review
and acceptance of Subrnittals (except design calculations and design drawings) will be only for
the purpose stated in Paragraph 6.18.C.
Right to Audit
A.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
pe1iinent 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.
B.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
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febm:ny 2, 2016
00 72 00-1
GENERAL CONDITIONS Page 35 of 63
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.
C.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 perfonned.
6.24 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.ARTICLE 7 -OTHER \VORK AT THE SITE 7.01 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 perfonned 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 staiiing 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 perfonning 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 \Vork 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 \Vork. Contractor's failure to so
report will constitute an acceptance of such other work as fit and proper for integration with
Contractor's \Vork except for latent defects in the work provided by others.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOC�IENTS
Revision: Febl1131y 2, 20 I 6
11
II
11
11
11
I
11
l 1
Ii
I
7.02 Coordination
007200-1
GENERAL CONDITIONS
Page 36 of 63
A.If City intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
I.the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2.the specific matters to be covered by such authority and responsibility will be itemized; and
3.the extent of such authority and responsibilities will be provided.
B.Unless otherwise provided in the Supplementary Conditions, City shall have authority for such
coordination.
ARTICLE 8-CITY'S RESPONSIBILITIES
8.01 Communications to Contractor
Except as otherwise provided in the Supplementary Conditions, City shall issue all communications
to Contractor.
8.02 Furnish Data
City shall timely furnish the data required under the Contract Documents.
8.03 Pay When Due
City shall make payments to Contractor in accordance with Article 14.
8.04 Lands and Easements; Reports and Tests
City's duties with respect to providing lands and easements and providing engineering surveys to
establish reference points are set forth 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
subsurface conditions and drawings of physical conditions relating to existing surface or subsurface
strnctures at or contiguous to the Site that have been utilized by City in preparing the Contract
Documents.
8.05 Change Orders
City shall execute Change Orders in accordance with Paragraph 10.03.
8.06 Inspections, Tests, and Approvals
City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
13.03.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Febnk11)'2, 2016
8.07 Limitations on City's Responsibilities
00 72 00 - I GENERAL CONDITIONS
Page 37 of 63
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 6.14.
8.08 Undisclosed Hazardous Environmental Condition
City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth
in Paragraph 4.06.
8.09 Compliance i,vith 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 6.14.
ARTICLE 9-CITY'S OBSERVATION STATUS DURING CONSTRUCTION
9.01 City's Project Afanager
City will provide one or more Project Manager(s) during the construction period. The duties and
respo nsibilities and the limitations of authority of City's Project Manager during construction are set
forth in the Contract Documents. The City's Project Manager for this Contract is < inse1t name here
>, or his/her successor pursuant to written notification from the Director of < inse1t managing
depmiment here>.
9.02 Visits to Site
A.City's Project Manager 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 infmmation
obtained during such visits and observations, City's Project Manager will determine, in general,
if the 'Nork is proceeding in accordance with the Contract Documents. City's Project Manager
will not be required to make exhaustive or continuous inspections on the Site to check the
quality or quantity of the \,Vork. City's Project Manager'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 Manager's visits and observations are subject to all the limitations on authority and
responsibility in the Contract Documents including those set forth in Paragraph
8.07.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Febmruy2,2016
11
11
11
11
11
I
11
l
11
11
l
9.03 Authorized Variations in Work
007200-1
GENERAL CONDITIONS
Page 38 of63
City's Project Manager 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 and also on Contractor, who shall perform the Work involved promptly.
9.04 Rejecting Defective Work
9.05
City will have authority to reject Work which City's Project Manager 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 13, whether or not the ·work is fabricated, installed, or completed.
Determinations for Work Performed
Contractor will determine the actual quantities and classifications of Work performed. City's Project
Manager 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).
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A.City will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the \Vork thereunder.
B.City will render a written decision on any issue refe1Ted.
C.City's written decision 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 \VORK; CLAIMS; EXTRA \VORK
10.01 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 \Vork 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 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, a Field
Order may be issued by the City.
CITY OF FORT WORTH
ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Febmaiy2, 2016
10.02 Unauthorized Changes in the Work
007200-1
GENERAL CONDITIONS
Page 39 of63
Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract
Time with respect to any work performed that is not required by the Contract Documents 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.City and Contractor shall execute appropriate Change Orders covering:
1.changes in the Work which are: (i) ordered by City pursuant to Paragraph I 0.01.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08 or City's conection
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 pariies, including
any undisputed sum or amount of time for Work ach1ally perfonned.
10.04 Extra Work
A.Should a difference arise as to what does or does not constih1te Extra Work, or as to the payment
thereof, and the City insists upon its perf01mance, the Contractor shall proceed with the work
after making written request for written orders and shall keep accurate account of the achtal
reasonable cost thereof. Contract Claims regarding Extra vVork shall be made pursuant to
Paragraph 10.06.
B.The Contractor shall furnish the City such installation records of all deviations from the original
Contract Documents as may be necessary to enable the City to prepare for permanent record a
con-ected set of plans showing the achtal installation.
C.The compensation agreed upon for Extra vVork whether or not initiated by a Change Order shall
be a full, complete and final payment for all costs Contractor incurs as a result or relating to the
change or Extra vVork, whether said costs are known, unknown, foreseen or unforeseen at that
time, including without limitation, any costs for delay, extended overhead, ripple or impact cost,
or any other effect on changed or unchanged work as a result of the change or Extra Work.
10.05 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOClftvlENTS
Revision: Febmaiy 2, 2016
II
II
11
I
11
11
l.
10.06 Contract Claims Process 007200-1 GENERAL CONDITIONS• Page 40 of 63 A.City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph
14.09, shall be referred to the City for decision. A decision by City shall be required as a
condition precedent to any exercise by Contractor of any rights 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 City no later than 15 days after the start of the event giving rise thereto. The
responsibility to substantiate a Contract Claim shall rest with the party making the Contract
Claim.
2.Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered
to the City on or before 45 days from the start of the event giving rise thereto (unless the City
allows additional time for Contractor to submit additional or more accurate data in support of
such Contract Claim).
3.A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with
the provisions of Paragraph 12.01.
4.A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with
the provisions of Paragraph 12.02.
5.Each Contract Claim shall be accompanied by Contractor's written statement that the
adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a
result of said event.
6.The City shall submit any response to the Contractor within 30 days after receipt of the
claimant's last submittal (unless Contract allows additional time).
C.City's Action: City will review each Contract Claim and, within 30 days after receipt of the last
submittal 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 City is unable to resolve the Contract Claim if, in the City's
sole discretion, it would be inappropriate for the City to do so. For purposes of further
resolution of the Contract Claim, such notice shall be deemed a denial.CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmruy2,2016
007200-1
GENERAL CONDITIONS
Page41 of63
D.City's written action under Paragraph 10.06.C will be final and binding, unless City or
Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such
action or denial.
E.No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not
submitted in accordance with this Paragraph 10.06.ARTICLE 11-COST OF THE \.VORK; ALLO\.V ANCES; UNIT PRICE \.VORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work
A.Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper perfonnance of the
Work. When the value of any \,York covered by a Change Order, the costs to be reimbursed to
Contractor will be only those additional or incremental costs required because of the change in
the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01 .B, and shall
include but not be limited to the following items:
1.Payroll costs for employees in the direct employ of Contractor in the perfonnance of the
Work under schedules of job classifications agreed upon by City and Contractor. Such
employees shall include, without limitation, superintendents, foremen, and other personnel
employed full time on the ·work. Payroll costs for employees not employed full time on the
\York shall be app01iioned on the basis of their time spent on the Work. Payroll costs shall
include;
a.salaries with a 55% markup, or
b.salaries and wages plus the cost of fringe benefits, which shall include social security
contributions, unemployment, excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of Regular Working Hours, Weekend
Working Hours, or legal 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 construction equipment and machinery, and the parts thereof whether rented
from Contractor or others in accordance with rental agreements approved by City, and the
costs of transpo1tation, loading, unloading, assembly, dismantling, and removal thereof. All
such costs shall be in accordance with the terms of said rental agreements. The rental of any
such equipment, machinery, or parts shall cease when the use thereof is no longer necessary
for the Work.CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: FebnlalY 2, 2016
11
11
11
I
l l
\
l
l
00 72 00-1
GENERAL CONDITIONS Page42 of63
4.Payments made by Contractor to Subcontractors for Work perfonned by Subcontractors. If
required by City, Contractor shall obtain competitive bids from subcontractors acceptable to
City and Contractor and shall deliver such bids to City, who will then detennine, which 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 detennined in the same manner as Contractor's Cost of the Work and fee as provided in
this Paragraph 11.01.
5.Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
to the Work.
6.Supplemental costs including the following:
a.The proportion of necessary transportation, travel, and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work.
b.Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facilities at the Site, and hand tools not
owned by the workers, which are consumed in the performance of the Work, and cost,
less market value, of such items used but not consumed which remain the property of
Contractor.
c.Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and
Regulations.
d.Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable, and royalty payments and fees for pennits and licenses.
e.Losses and damages (and related expenses) caused by damage to the vVork, not
compensated by insurance or otherwise, sustained by Contractor in connection with the
performance of the Work, provided such losses and damages have resulted from causes
other than the negligence of Contractor, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable. Such
losses shall include settlements made with 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.Minor expenses such as telegrams, long distance telephone calls, telephone and
communication services at the Site, express and courier services, and similar petty c ash
items in connection with the Work.
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Febni:uy2,2016
00 72 00-1 GENERAL CONDITIONS Page 43 of63
h.The costs of premiums for all bonds and insurance Contractor is required by the Contract
Documents to purchase and maintain.
B.Costs Excluded: The term Cost of the Work shall not include any of the following items:
1.Payroll costs and other compensation of Contractor'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
Site or in Contractor's principal or branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be
considered administrative costs covered by the Contractor's fee.
2.Expenses of Contractor's principal and branch offices other than Contractor's office at the
Site.
3.Any part of Contractor's capital expenses, including interest on Contractor's capital
employed for the Work and charges against Contractor for delinquent payments.
4.Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective Work, disposal of materials or equipment wrongly
supplied, and making good any damage to property.
5.Other overhead or general expense costs of any kind .
C.Contractor's Fee: ·when all the Work is performed on the basis of cost-plus, Contractor's fee
shall be determined as set forth in the Agreement. \,Vhen the value of any vVork 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 forth in Paragraph 12.01.C.
D.Documentation: \,Vhenever the Cost of the \,Vork for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable to City
an itemized cost breakdown together with supporting data.
11.02 Allmvances
A.Specified Allo-wance: It is understood that Contractor has included in the Contract Price all
allowances so named in the Contract Documents and shall cause the Work so covered to be
performed for such sums and by such persons or entities as may be acceptable to City.
B.Pre-bid Allowances:
1.Contractor agrees that:
CITY OF FORT WORTH
ST AND ARD CONSTRUCTION SPECIFICATION DOCillvlENTS
Revision: Ft'bmruy2,2016
1 :
11
11
I l
II
I
l
l I
l l
l
l
00 72 00-I
GENERAL CONDITIONS
Page 44 of63
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 costs for unloading and handling on the Site, labor, installation, overhead�
profit, and other expenses contemplated for the pre-bid allowances have been included in
the allowances, and no demand for additional payment on account of any of the
foregoing will be valid.
C.Contingency A/lo.,vance: Contractor agrees that a contingency allowance, if any, is for the sole
use of City.
D.Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due
Contractor on account of \.Vork covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A.·where the Contract Documents provide that all or part of the \.Vork is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price \.Vork an amount equal to
the sum of the unit price for each separately identified item of Unit Price \.Vork times the
estimated quantity of each item as indicated in the Agreement.
B.The estimated quantities of items of Unit Price \.Vork are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract P1ice. Detenninations of the
actual quantities and classifications of Unit Price \.York performed by Contractor will be made by
City subject to the provisions of Paragraph 9.05.
C.Each unit p1ice will be deemed to include an amount considered by Contractor to be adequate to
cover Contractor's overhead and profit for each separately identified item. Work described in the
Contract Documents, or reasonably inferred as required for a functionally complete installation,
but not 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.City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if:
1.the quantity of any item of Unit P1ice Work perfonned by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2.there is no corresponding adjustment with respect to any other item of Work.
E.Increased or Decreased Quantities: The City reserves the right to order Extra Work m
accordance with Paragraph 10.01.
1.If the changes in quantities or the alterations do not significantly change the character of
work under the Contract Documents, the altered work will be paid for at the Contract unit
pnce.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Februaiy2,20l6
0072 00-1
GENERAL CONDITIONS
Page45 of63
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 Extra Work and the Contract will be amended
by a Change Order in accordance with Article 12.
4.A significant change in the character of work occurs when:
a.the character of work for any Item as altered differs materially in kind or nature from that
in the Contract or
b.a Major Item of work varies by more than 25% from the original Contract quantity.
5.When the quantity of work to be done under any Major Item of the Contract is more than
125% of the original quantity stated in the Contract, then either paiiy to the Contract may
request an adjustment to the unit price on the portion of the work that is above 125%.
6.·when the quantity of work to be done under any Major Item of the Contract is less than 75%
of the original quantity stated in the Contract, then either party to the Contract may request
an adjustment to the unit price.
11.04 Plans Quantity Measurement
A.Plans quantities may or may not represent the exact quantity of work perfmmed or mate1ial
moved, handled, or placed during the execution of the Contract. The estimated bid quantities are
designated as final payment quantities, unless revised by the governing Section 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" for specific Items) from the total
estimated quantity for an individual Item originally shown in the Contract Documents, an
adjustment may be made to the quantity of authorized work done for payment purposes. The
party to the Contract requesting the adjustment will provide field measurements and calculations
showing the final quantity for which payment will be made. Payment for revised quantity will be
made at the unit price bid for that Item, except as provided for in Article 10.
C.When quantities are revised by a change in design approved by the City, by Change Order, or to
correct an en-or, or to con-ect an error on the 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 quantity multiplied by the unit price bid for an individual Item is less than
$250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans
quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans
quantity.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Febnlal)' 2, 2016
l I
11
11
11
I
I
I
l
l
007200-1
GENERAL CONDITIONS
Page 46 of 63
E.For callout work or non-site specific Contracts, the plans quantity measurement requirements are
not applicable.
ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE 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 vVork covered by a Change Order will be detennined 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 not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum or unit price (which may include an allowance for overhead
and profit not necessarily in accordance with 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 Extra Work;
or
3.where the Work involved is not covered by unit prices contained in the Contract Documents
and agreement to a lump sum or unit price is not reached under Paragraph 12.01.B.2, on the
basis of the Cost of the 'Nork (determined as provided in Paragraph 11.01) plus a
Contractor's fee for overhead and profit (detennined as provided in Paragraph 12.01.C).
C.Contractor's Fee: The Contractor's additional fee for overhead and profit shall be detennined as
follows:
1.a mutually acceptable fixed fee; or
2.if a fixed fee is not agreed upon, then a fee based on the following percentages of the various
portions of the Cost of the vVork:
a.for costs incurred under Paragraphs 11.01.A.l, 11.01.A.2. and 11.01.A.3, the
Contractor's additional fee shall be 15 percent except for:
1)rental fees for Contractor's own equipment using standard rental rates;
2)bonds and insurance;
b.for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor's fee shall be
five percent (5%);
CITY OF FORT WORTH
1)where one or more tiers of subcontracts 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 achrnlly performs the Work, at whatever
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Feb1umy 2, 2016
00 72 00-1
GENERAL CONDITIONS
Page 47 of63
tier, will be paid a fee of 15 percent of the costs inctmed 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 of25%;
c.no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and
11.01.B;
d.the amount of credit to be allowed by Contractor to City for any change which results in
a net decrease in cost will be the amount of the actual net decrease in cost plus a
deduction in Contractor's fee 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 extension of the Contract Time will be allowed for Extra \,York or for claimed delay unless
the Extra \,York contemplated or claimed delay is shown to be on the critical path of the Project
Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or
claimed delay adversely affects the critical path.
12.03 Delays
A.vVhere Contractor is reasonably delayed in the perfonnance or completion of any part of the
Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time
may be extended in an amount equal to the time lost due to such delay if a Contract Claim is
made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts
or neglect by City, acts or neglect of utility owners or other contractors performing other work as
contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in
this Paragraph.
B.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.
C.Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays
within the control of Contractor. Delays attributable to and within the control of a Subcontractor
or Supplier shall be deemed to be delays within the control of Contractor.
D.The Contractor shall receive no compensation for delays or hindrances to the Work, except when
direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide
information or material, if any, which is to be furnished by the City.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Froruruy 2, 2016
11
1 1
11
J l
r l
I\
11
11
l
l
l
007200-1 GENERAL CONDITIONS Page 48 of 63 ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE \VORK 13.01 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.
13.02 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.
13. 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 \.Vork (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 ce1iificates 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 \.Vork; 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 acceptable to
City.
D.City may arrange for the services of an independent testing laboratory ("Testing Lab") to
perfonn any inspections or tests ("Testing") for any part of the 'Nork, as detennined solely by
City.
1.City will coordinate such Testing to the extent possible, with Contractor;
2. Should any Testing under this Section 13 .03 D result in a "fail", "did not pass" or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor's cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
CITY OF FORT WORTH STAl"IDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: Februmy2, 20 I 6
0072 00-1
GENERAL CONDITIONS
Page 49 of 63
3.Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the
Testing Lab by Contractor. City will forward all invoices for retests to Contractor.
4.If Contractor fails to pay the Testing Lab, City will not issue Final Payment 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.
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 Section 13.03 D.
13.04 Uncovering Work
A.If any Work is covered contrary to the Contract Documents or specific instrnctions by the City, it
must, if requested by City, be uncovered for City's observation and replaced at Contractor's
expense.
B.If City considers it necessary or advisable that covered Work be observed by City or inspected or
tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available
for observation, inspection, or testing as City may require, that portion 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 resolution costs) arising out
of or relating to such uncovering, exposure, observation, inspection, and testing, and of
satisfactory replacement or reconstrnction (including but not limited to all costs of repair or
replacement of work of others); or City shall be entitled to accept defective Work in
accordance with Paragraph 13 .08 in which case Contractor shall still be responsible for all
costs associated with exposing, observing, and testing the defective \,York.
2.If the uncovered Work is not found to be defective, Contractor 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 reconstrnction.
13.05 City lvlay Stop the Work
If the \,York 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 \,York, or any p01iion 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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Februmy2,2016
[ I
f I
f l
11
I I
l I
I I
I
I
I
l
l
l
l
l
00 7200-1
GENERAL CONDITIONS
Page 50 of63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A.Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant toan acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work hasbeen 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 notlimited to all fees and charges of engineers, architects, attorneys, and other professionals and allcourt or arbitration or other dispute resolution costs) arising out of or relating to such correctionor removal (including but not limited to all costs of repair or replacement of work of others).Failure to require the removal of any defective \.York shall not constitute acceptance of such\.York.B.When correcting defective \.York under the terms of this Paragraph 13.06 or Paragraph 13.07,Contractor shall take no action that would void or otherwise impair City's special warranty andguarantee, if any, on said Work.13.07 Correction Period A.If within two (2) years after the date of Final Acceptance ( or such longer period of time as maybe prescribed by the terms of any applicable special guarantee required by the ContractDocuments), any \.Vork is found to be defective, or if the repair of any damages to the land orareas made available for Contractor's use by City or pennitted by Laws and Regulations ascontemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, withoutcost to City and in accordance with City's w1itten instrnctions:1.repair such defective land or areas; or2.correct such defective \.Vork; or3.if the defective Work has been rejected by City, remove it from the Project and replace itwith \.York that is not defective, and4.satisfactorily con-ect or repair or remove and replace any damage to other Work, to the workof others or other land or areas resulting therefrom.B.If Contractor does not promptly comply with the te1ms of City's written instrnctions, or in anemergency where delay would cause serious risk of loss or damage, City may have the defectiveWork corrected or repaired or may have the rejected \.York 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 (includingbut not limited to all costs of repair or replacement of work of others) will be paid by Contractor.CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Febrnaiy2,2016
00 72 00-I
GENERAL CONDITIONS
Page 51 of63
C.In special circumstances where a particular item of equipment is placed in continuous service
before Final Acceptance of all the Work, the correction period for that item may start to nm from
an earlier date if so provided in the Contract Documents.
D.Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional pe1iod of one year after the end of
the initial correction period. City shall provide 30 days written notice to Contractor should such
additional warranty coverage be required. Contractor may dispute this requirement by filing a
Contract Claim, pursuant to Paragraph 10.06.
E.Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be constrned as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
If, instead of requiring correction or removal and replacement of defective Work, City prefers to
accept it, City may do so. 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 resolution costs) attributable to City's evaluation of and determination to
accept such defective \,Vork and for the diminished value of the Work to the extent not otherwise
paid by Contractor. If any such acceptance occurs prior to Final Acceptance, 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, reflecting the diminished
value of Work so accepted.
13 .09 City }1/ay 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 \,Vork as required by City in accordance with Paragraph
13.06.A, or if Contractor fails to perfonn 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, correct, or remedy any such deficiency.
B.In exercising the rights and remedies under this Paragraph 13.09, City shall proceed
expeditiously. In connection with such cmTective or remedial action, City may exclude
Contractor from all or part of the Site, take possession of all or part of the \,Vork and suspend
Contractor's services related thereto, and incorporate in the \.Vork all materials and equipment
incorporated in the Work, stored at the Site or for which City has paid Contractor but which are
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Feb1umy2,2016
11
11
1
11
11
11
11
11
11
L
007200-1
GENERAL CONDITIONS
Page 52 of 63
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 13.09.
ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve
as the basis for progress payments and will be incorporated into a fonn of Application for Payment
acceptable to City. Progress payments on account of Unit Price \,Vork will be based on the number of
units completed.
14.02 Progress Payments
A.Applications for Payments:
1.Contractor is responsible for providing all information as required to become a vendor of the
City.
2.At least 20 days before the date established in the General Requirements for each progress
payment, Contractor shall submit to City for review an Application for Payment filled out
and signed by Contractor covering the Work completed as of the date of the Application and
accompanied by such supporting documentation as is required by the Contract Documents.
3.If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at the Site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice, or other
documentation warranting that City has received the materials and equipment free and clear
of all Liens and evidence that the materials and equipment are covered by appropriate
insurance or other arrangements to protect City's interest therein, all of which must be
satisfactory to City.
4.Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that previous progress payments received on account of the
\,York have been applied on account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
5.The amount of retainage with respect to progress payments will be as stipulated in the
Contract Documents.
CITY OF FORT WORTH
STANDARD CONSTR.UCTION SPECIFICATION DOCUMENTS
Revision: Fdm�,cy2, 2016
B.Review of Applications:
0072 00-I
GENERAL CONDITIONS Page 53 of 63
1.City will, after receipt of each Application for Payment, either indicate in writing a
recommendation of payment or return the Application 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 Application for Payment will be based on
City's observations of the executed Work, and on City's review of the Application for
Payment and the accompanying data and schedules, that to the best of City's knowledge:
a.the Work has progressed to the point indicated;
b.the quality of the \Vork is generally in accordance with the Contract Documents (subject
to an evaluation of the ·work as a functioning whole prior to or upon Final Acceptance,
the results of any subsequent tests called for in the Contract Documents, a final
determination of quantities and classifications for Work perfonned under Paragraph 9.05,
and any other qualifications stated in the recommendation).
3.Processing any such payment will not thereby be deemed to have represented that:
a.inspections made to check the quality or the quantity of the \Vork as it has been
performed have been exhaustive, extended to every aspect of the \Vork in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to City in the Contract Documents; or
b.there may not be other matters or issues between the parties that might entitle Contractor
to be paid additionally by City or entitle City to withhold payment to Contractor, or
c.Contractor has complied with Laws and Regulations applicable to Contractor's
perfo1mance of the Work.
4.City may refuse to process the whole or any part of any payment because of subsequently
discovered evidence or the results of subsequent inspections or tests, and revise or revoke
any such payment previously made, to such extent as may be necessary to protect City from
loss because:
a.the \Vork is defective, or the completed \Vork has been damaged by the Contractor or his
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.City has been required to correct defective \Vork or complete Work in accordance with
Paragraph 13.09; or
CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Febrnary2,2016
I I
11
11
11
11
11
II
11
00 72 00-I GENERAL CONDITIONS
Page 54 of 63
e.City has actual knowledge of the occurrence of any of the events enumerated m
Paragraph 15.02.A.
C.Retainage:
1.For contracts less than $400,000 at the time of execution, retainage shall be ten percent
(10%).
2.For contracts greater than $400,000 at the time of execution, retainage shall be five percent
(5%).
D.Liquidated Damages. For each calendar day that any work shall remain uncompleted after the
time specified in the Contract Documents, the sum per day specified in the Agreement, will be
deducted from the monies due the Contractor, not as a penalty, but as liquidated damages
suffered by the City.
E.Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment
will become due in accordance with the Contract Documents.
F.Reduction in Payment:
1.City may refuse to make payment of the amount requested because:
a.Liens have been filed in connection with the \York, except where Contractor has
delivered a specific bond satisfactory to City to secure the satisfaction and discharge of
such Liens;
b.there are other items entitling City to a set-off against the amount recommended; or
c.City has actual knowledge of the occurrence of any of the events enumerated m
Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A.
2.If City refuses to make payment of the amount requested, City will give Contractor written
notice stating the reasons for such action and pay Contractor any amount remaining after
deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or
any adjustment thereto agreed to by City and Contractor, when Contractor remedies the
reasons for such action.
14.03 Contractor's Warranty of Title
Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to City no later than
the time of payment free and clear of all Liens.
CITY OF FORT WORTH STANDARD CONSTR.UCTION SPECIFICATION DOCUMENTS
Revision: Febn�'lly2,20I6
l 4.04 Partial Utilization
0072 00-1
GENERAL CONDITIONS
Page 55 of 63
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.vVithin a reasonable time after notification as enumerated in Paragraph 14.05.A.l, City and
Contractor shall make an inspection of that part of the vVork to detennine 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.
l 4.05 Final Inspection
A.Upon w1itten notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
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.
B.No time charge will be made against the Contractor between said date of notification of the City
and the date of Final Inspection. Should the City determine that the vVork is not ready for Final
Inspection, City will notify the Contractor in writing of the reasons and Contract Time will
resume.
14.06 Final Acceptance
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.
CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Feb1ml)'2,20l6
11
11
I I
II
11
I
I I
II
I I
l I
I.
l
14.07 Final Payment
A.Application for Payment:
007200-1
GENERAL CONDITIONS
Page 56 of 63
1.Upon Final Acceptance, and in the opinion of City, Contractor may make an application for
final payment following the procedure for progress payments in accordance with the
Contract Documents.
2.The final Application for Payment shall be accompanied ( except as previously delivered) by:
a.all documentation called for 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 final payment;
c.a list of all pending or released Damage Claims against City that Contractor believes are
unsettled; and
d.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.
B.Payment Becomes Due:
1.After City's acceptance of the Application for Payment and accompanying documentation,
requested by Contractor, less previous payments made and any sum City is entitled,
including but not limited to liquidated damages, will become due and payable.
2.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.
3.The making of the final payment by the City shall not relieve the Contractor of any
guarantees or other requirements of the Contract Documents which specifically continue
thereafter.
14.08 Final Completion Delayed and Partial Retainage Release
A.If final completion of the Work is significantly delayed, and if City so confirms, City may, upon
receipt of Contractor's final Application for Payment, and without tenninating the Contract,
make payment of the balance due for that portion of the Work fully completed and accepted. If
the remaining balance to be held by City for Work not fully completed or corrected is less 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 surety to the payment of the balance due for that
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Fd:miruy2, 2016
007200-1
GENERAL CONDITIONS
Page 57 of63
p01tion of the Work fully completed and accepted shall be submitted by Contractor to City with
the Application for such payment. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of Contract Claims.
B.Partial Retainage Release. For a Contract that provides for a separate vegetative establishment
and maintenance, and test and performance periods following the completion of all other
constmction in the Contract Documents for all Work locations, the City may release a portion of
the amount retained provided that all other work is completed as detennined by the City. Before
the release, all submittals and final quantities must be completed and accepted for all other work.
An amount sufficient to ensure Contract compliance will be retained.
14.09 Waiver of Claims
The acceptance of final payment will constitute a release of the City from all claims or liabilities
under the Contract for anything done or furnished or relating to the work under the Contract
Documents or any act or neglect of City related to or connected with the Contract.
ARTICLE 15-SUSPENSION OF \VORK AND TERl\'IINATION
15.01 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 \.Vork on the date so fixed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will make no extra payment for stand-by
time of constmction equipment and/or constrnction crews.
B.Should the Contractor not be able to complete a potiion 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 constmction to proceed is not
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 obstmct 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 perfonned; he shall provide suitable drainage about the work, and erect
temporary stmctures where necessary.
D.Contractor may be reimbursed for the cost of moving his equipment off the job and returning the
necessary equipment to the job when it is detennined by the City that constmction may be
resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the
equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is
moved to another constmction project for the City.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUlvlENTS
Revision: Feb1uary 2, 2016
r
11
11
I
11
11
11
11
I
15.02 City May Terminate for Cause
00 72 00- I
GENERAL CONDITIONS
Page 58 of 63
A.The occurrence of any one or more of the following events by way of example, but not oflimitation, may justify termination for cause:
I.Contractor's persistent failure to perform the Work in accordance with the ContractDocuments (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure 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 authority of City; or
4.Contractor's violation in any substantial way of any provisions of the Contract Documents;or
5.Contractor's failure to promptly make good any defect in materials or workmanship, ordefects of any nature, the correction of which has been directed in writing by the City; or
6.Substantial indication that the Contractor has made an unauthorized assignment of theContract or any funds due therefrom for the benefit of any creditor or for any other purpose; or
7.Substantial evidence that the Contractor has become insolvent or bankrnpt, or otherwisefinancially unable to carry on the vVork satisfactorily ; or
8.Contractor commences legal action in a court of competent jurisdiction against the City.
B.If one or more of the events identified in Paragraph 15.02A. occur, City will provide writtennotice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice.
1.If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed toperform the constrnction Contract, the City may, to the extent pennitted by Laws and Regulations, declare a Contractor default and formally tenninate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work.
2.If Contractor's services are terminated, Surety shall be obligated to take over and perform the \,Vork. If Surety does not commence performance thereof within 15 consecutive calendardays after date of an additional written notice demanding Surety's perfonnance of its
CITY OF FORT WORTH
ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Febn�'ll)'2,2016
0072 00-I
GENERAL CONDITIONS
Page 59 of 63
obligations, then City, without process or action at law, may take over any portion of the
Work and complete it as described below.
a.If City completes the Work, City may exclude Contractor and Surety from the site and
take possession of the Work, and all materials and equipment incorporated into the Work
stored at the Site or for which City has paid Contractor or Surety but which are stored
elsewhere, and finish the Work as City may deem expedient.
3.Whether City or Surety completes the Work, Contractor shall not 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 City arising out of or resulting
from completing the \,Vork, such excess will be paid to Contractor. If such claims, costs,
losses and damages exceed such unpaid balance, Contractor shall pay the difference to City.
Such claims, costs, losses and damages incurred by City will be incorporated in a Change
Order, provided that when exercising any rights or remedies under this Paragraph, City shall
not be required to obtain the lowest price for the Work performed.
4.Neither City, nor any of its respective consultants, agents, officers, directors or employees
shall be in any way liable or accountable to Contractor or Surety for the method by which the
completion of the said \Vork, or any portion thereof, may be accomplished or for the price
paid therefor.
5.City, notwithstanding the method used in completing the Contract, shall not forfeit the right
to recover damages from Contractor or Surety for Contractor's failure to timely complete the
entire Contract. Contractor shall not be entitled to any claim on account of the method used
by City in completing the Contract.
6.Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as
provided for in the bond requirements of the Contract Documents or any special guarantees
provided for under the Contract Documents or any other obligations otherwise prescribed by
law.
C.Notwithstanding Paragraphs 15.02.B, Contractor's services will not be tenninated if Contractor
begins within seven days of receipt of notice of intent to terminate to correct its failure to
perform and proceeds diligently to cure such failure within no more than 30 days of receipt of
said notice.
D.·where Contractor's services have been so tenninated by City, the te1mination will not affect any
rights or remedies of City against Contractor then existing or which may thereafter accrne. Any
retention or payment of moneys due Contractor by City will not release Contractor from liability.
E.If and to the extent that Contractor has provided a performance bond under the provisions of
Paragraph 5.02, the tennination procedures of that bond shall not supersede the provisions of this
Article.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUfvlENTS
Revision: Febmmy2, 2016
1 •
I
I I
11
11
I �
11
l
I
11
15.03 City May Terminate For Convenience
007200-1
GENERAL CONDITIONS
Page 60 of 63
A.City may, without cause and without prejudice to any other right or remedy of City, tenninate theContract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which perfonnance of Work under the contract is tenninated, and the date upon which such termination becomes effective. Receipt of the notice shall bedeemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action.
B.After receipt of a notice of termination, and except as otheiwise directed by the City, theContractor shall:
1.Stop work under the Contract on the date and to the extent specified in the notice oftermination;
2.place no further orders or subcontracts for materials, services or facilities except as may benecessary for completion of such portion of the Work under the Contract as is not terminated;
3.terminate all orders and subcontracts to the extent that they relate to the performance of the'vVork terminated by notice of termination;
4.transfer title to the City and deliver in the manner, at the times, and to the extent, if any,directed by the City:
a.the fabricated or unfabricated parts, Work in progress, completed Work, supplies andother material produced as a part of, or acquired in connection with the performance of, the \Vork terminated by the notice of the termination; and
b.the completed, or partially completed plans, drawings, information and other propertywhich, if the Contract had been completed, would have been required to be furnished to the City.
5.complete performance of such Work as shall not have been terminated by the notice oftennination; and
6.take such action as may be necessary, or as the City may direct, for the protection andpreservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest.
C.At a time not later than 30 days after the termination date specified in the notice of tennination,the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or auth01ized by City.
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Februmy2,2016
00 72 00-I
GENERAL CONDITIONS
Page 61 of63
D.Not later than 15 days thereafter, the City shall accept title to such items provided, that the list
submitted shall be subject to verification by the City upon removal of the items or, if the items
are stored, within 45 days from the date of submission of the list, and any necessary adjustments
to correct the list as submitted, shall be made prior to final settlement.
E.Not later than 60 days after the notice of termination, the Contractor shall submit his termination
claim to the City in the form and with the certification prescribed by the City. Unless an
extension is made in writing within such 60 day period 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 for (without duplication of any items):
1.completed and acceptable \Vork executed in accordance with the Contract Documents prior
to the effective date of termination, including fair and reasonable sums for overhead and profit on
such Work;
2.expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials, or equipment as required by the Contract Documents in connection
with uncompleted \Vork, plus fair and reasonable sums for overhead and profit on such expenses;
and
3.reasonable expenses directly attributable to termination.
G.In the event of the failure of the Contractor and City to agree upon the whole amount to be paid
to the Contractor by reason of the termination of the Work, the City shall detennine, on the basis
of info1mation available to it, the amount, if any, due to the Contractor by reason of the
te1mination and shall pay to the Contractor the amounts detennined. Contractor shall not be paid
on account of loss of anticipated profits or revenue or other economic loss arising out of or
resulting from such termination.
ARTICLE 16-DISPUTE RESOLUTION
16.01 lvlethods and Procedures
A.Either City or Contractor may request mediation of any Contract Claim submitted for a decision
under Paragraph 10.06 before such decision becomes final and binding. The request for
mediation shall be submitted to the other party to the Contract. Timely submission of the request
shall stay the effect of Paragraph 10.06.E.
B.City and Contractor shall participate in the mediation process in good faith. The process shall be
commenced within 60 days of filing of the request.
C.If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.C or a
denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after
termination of the mediation unless, within that time pe1iod, City or Contractor:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOClRvlENTS
Revision: Febn.my 2, 2016
f
11
I\
11
11
I
I
I.
l
t
l
007200-1
GENERAL CONDITIONS
Page 62 of63
1.elects in writing to invoke any other dispute resolution process provided for m the
Supplementary Conditions; or
2.agrees with the other party to submit the Contract Claim to another dispute resolution
process; or
3.gives written notice to the other party of the intent to submit the Contract Claim to a court of
competent jurisdiction.
ARTICLE 17 -MISCELLANEOUS
17.01 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 confinnation of receipt by the receiving party.
17 .02 Computation of Times
vVhen 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
Sah1rday or Sunday or on a day made a legal holiday the next vVorking Day shall become the last
day of the period.
17.03 Cwnulative 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 constrned in any way as
a limitation of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFfC ATION DOCUMENTS
Revision: Februmy 2, 2016
17 .04 Survival of Obligations
00 72 00-1
GENERAL CONDITIONS
Page 63 of 63
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. 17.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Febnrny 2, 2016
I I
I
11
I
L
1.
2.
3.
SUPPLEMENTARY CONDITIONS
GENERAL: The provisions of this Section of the Specifications shall govern in the event
of any conflict between them and the "General Conditions".
SPECIFICATIONS: The materials and methods of construction of all work within the
scope of this proposal shall be governed by the current City of Fort Worth Standard
Specifications for paving, drainage, water and sewer construction. For items not
addressed by City of Fort Worth Standard Specifications, the North Central Texas
Council of Governments (NCTCOG) Standard Specifications for Public Works
Construction shall apply. Any reference to TxDOT specifications shall mean the Texas
Department of Transportation Standard Specifications for Construction and Maintenance
of Highways, Streets, and Bridges, current addition.
SCOPE OF WORK: The work for this project consists of furnishing all materials, labor,
equipment, tools and incidentals to construct excavation, paving, drainage, water, sewer,
paving improvements in accordance with the plans and specifications "Construction
Plans, SOUTHFORK ESTATES OFF-SITE SANITARY SEWER complete in its
entirety without exception.
In the event of additions or deletions to the scope of work contained in this proposal, the
Contractor (s) unit bid prices shall remain fixed at the contract bid price for the additional
or remaining work to be performed. In the event of additional work not covered by this
proposal, the Contractor (s) shall be reimbursed the agreed direct cost of the additional
work plus a percentage of the direct cost for overhead and profit.
4.ENGINEER: The word "ENGINEER" in these Specifications shall be understood as
referring to Barron • Stark • Swift Consulting Engineers, LP., or such other Engineer,
Supervisor, Surveyor, or Inspector as may be authorized in writing by the "Engineer" to
act in any particular position.
5.FINANCIAL STATEMENT: A current certified financial statement may be required by
the Engineer if required for use by the Owner in determining the successful bidder. This
statement, if required, is to be prepared by an independent public accountant holding a
valid permit issued by an appropriate licensing agency.
6.
7.
BID SECURITY: None Required
BONDS: The person or firm to whom the contract is awarded for Utilities and Paving
WILL be required to furnish a performance bond and payment bond in an amount equal
to one hundred percent (I 00%) of the contract price, conditioned upon the faithful
performance of the contract and upon payment of all persons supplying labor or
furnishing materials to the project. The cost of the performance and payment bond shall
be subsidiary to the various unit prices of the proposal.
I I
I I
11
11
I
11
l I
l
I
8.
The successful bidder(s) for Utilities and Paving WILL furnish to the City of Fort Worth
a maintenance bond guaranteeing workmanship and materials for a period of two years
from the date of final acceptance by the City.
INSURANCE REQUIRED: The contractor shall not commence work under this contract
until he has obtained all insurance required under this paragraph and such insurance has
been approved by the Owner, nor shall the Contractor allow any subcontractor to
commence work on his subcontract until all similar insurance of the subcontractor has
been so obtained and approved.
a.Compensation Insurance: The Contractor shall take out and maintain during the
life of this contract Workmen's Compensation Insurance for all of his employees
at the site of the project, and in case any work is sublet, the Contractor shall
require the subcontractors similarly to provide Workmen's Compensation
Insurance for all of the latter's employees unless such employees are covered by
the protection afforded by the Contractor. In case any class of employees
engaged in hazardous work under this contract at the site of the project is not
protected under the Workmen's Compensation statute, the Contractor shall
provide and shall cause each subcontractor to provide adequate and suitable
insurance for the protection of his employees not otherwise protected.
b.Public Liability and Property Damage Insurance: The contractor shall take out
and maintain during the life of the contract such Public Liability and Property
Damage Insurance, at minimum the amounts as shown which shall protect him
and any subcontractor performing work covered by this contract, from claims for
damages for personal injury, including accidental death, as well as from claims
for property damages, which may arise from operations under this contract.
When blasting is done on or in connection with the work of the project, whether
such operations be by himself or by any subcontractor or by anyone directly or
indirectly employed by either of them, the amounts of such insurance shall be as
follows:
Public Liability Insurance in an amount not less than One Hundred Thousand
Dollars ($100,000) for injuries, including accidental death, to any one person, and
subject to the same limit for each person, in an amount not less than Three
Hundred Thousand Dollars ($300,000) on account of one accident; and Property
Damage Insurance in an amount of not less than Three Hundred Thousand Dollars
($300,000).
These amounts are considered mm1mums and it shall be the contractors
responsibility to provide amounts above the minimum to adequately protect him
and any subcontractors.
I l
11
II
11
11
I
I I
I
l1
I
l
l
9.
10.
11.
12.
13.
14.
15.
Proof of Insurance: The Contractor shall furnish the Owner with evidence of insurability
of the insurance required with the Proposal and provide satisfactory prior to execution of
the contract.
AMBIGUITY: In case of ambiguity of lack of clearness in stating prices in the Proposal,
the Owner reserves the right to adopt the most advantageous construction thereof to the
Owner or to reject the Proposal.
PROJECT REPRESENTATIVES: The successful bidder shall furnish a single
representative of his company to serve as Contractor's project representative. This
individual shall be familiar with the day to day operations of the project and be
responsible for and capable of controlling schedule, material delivery, and manpower
allocations. The Contractor's representative shall review and sign all partial payment
requests. The individual designated by the Contractor and approved by the Owner to
serve in this capacity shall be indicated in the executed contract and no reassignment of
this responsibility shall be allowed unless approved in writing by both the Contractor and
Owner.
PROTECTION OF UTILITIES: The Contractor shall avoid damages to any part of the
work installed and completed by others whether or not such work has been accepted by
either Owner or the City. Contractor (s) shall determine the exact location of any work
constructed under this project, and that work of each of the public utilities either as
existing or new construction, in any area before beginning work. Care shall be provided
by the Contractor to prevent damage or interruption to service and protection where
necessary will be provided. In the event of damage by a Contractor he shall be
responsible fully for any and all costs for replacement.
OBSTRUCTIONS: Relocation of utility poles, street signs, underground utilities, and
similar items will be performed by others, except where otherwise indicated.
SEQUENCE OF WORK: The Contractor (s) shall arrange the sequence of work in
cooperation with (and to the approval of) the Engineer and Owner. It is the intent to
schedule the sequence of operations and expedite the work in such a manner to release
portions of the project for beneficial occupancy as completed.
Deleted
PRECONSTRUCTION CONFERENCE: The successful Contractor(s), Engineer, and
Owner shall meet at the call of the Engineer for a Preconstruction Conference before any
of the work begins on this project. Prior to the meeting the Contractor(s) shall prepare
schedules showing the sequencing and progress of their work and its effect on others.
These schedules shall be delivered to the Engineer in advance of the meeting for his
review. The general nature of the work, materials used, and methods of construction as
well as the schedules will be discussed at the meeting. A final composite schedule will
be prepared during this conference to allow an orderly sequence of project construction.
11
I
I I
I I
11
11
I
I
l i
I
16.
17.
18.
19.
20.
CONCRETE BATCH PLANT: The location of a concrete batching plant (for temporary
use during the construction of this project only) on the Owner's property will be
approved subject to the consideration of the Owner to meet certain environmental
conditions, and in a specific location as approved by Owner. The Contractor shall be
responsible for obtaining approval and permits form the City or other agencies.
Deleted
SUPERVISION AND INSPECTION: All paving, drainage, water and sewer
construction shall be inspected in accordance with the requirements of the City of Fort
Worth. All material and density testing shall be by the Contractor at Contractor's
expense. Contractor shall use a City of Fort Worth approved commercial testing
laboratory.
LINES AND GRADES: The Engineer will provide construction staking of line and
grade, for excavation, utility construction and paving, on a one time basis for each. The
Contractor's representative shall review and accept the staking for each segment of work.
Any restaking required due to destruction of stakes following acceptance shall be at the
expense of the Contractor.
CONTRACT DOCUMENTS: The following instruments shall be made a part of the
executed contract documents and are made a part of these specifications.
Form of Agreement
General Conditions
Performance Bond
Payment Bond
21.PAYMENT: All of the Contractor (s) requests for payment, in a fonn approved by the
Engineer, shall be forwarded to the Engineer for approval before submission to the
Owner. Cutoff date for monthly pay requests shall be the 25 th of the month. Partial
payments will be made on a monthly basis to the Contractor(s) by the Owner for the work
done up to and including the monthly cut-off date. The partial payment shall not include
materials delivered to the project but not incorporated in the final work.
22.
The Owner shall pay the Contractor the current monthly total, as approved, less ten
percent (10%) which shall be retained until final payment, less all previous payments,
and less all other sums that may be retained under this Agreement. Beginning with the
second monthly pay request, the Contractor(s) shall provide an unconditional lien release
for prior months billing with each monthly billing.
WASTE MATERIAL: The unit bid price for each piece of work shall include the cost
of onsite spreading and compaction of waste material. Suitability of waste material for
on-site disposal shall be strictly at the discretion of the Engineer. In the event off-site
disposal is necessary, the contractor shall be compensated at a negotiated unit price for
such disposal, and only at such time as authorized by the Engineer in writing.
11
II
11
I i
11
I I
l l
l
23.
24.
PROTECTION OF TREES: The Contractor (s) shall be responsible for the protection of all trees that do not directly conflict with pennanent improvements as detennined by the Engineer.
The Contractor should take care to remove as few trees as possible. No trees outside the street right-of-way, slope areas, fill areas, or utility easements shall be removed or damaged without the prior authorization of the Owner. All necessary precautions will be taken by the Contractor to protect trees so as not to be damaged, and in the event such damage should occur, the Contractor will, at the option of the owner, either replace same with like kind, species, conditions, quality and size, or pay damages to the Owner for the full value of the item damaged as appraised by a qualified landscape nursery selected by the Owner.
Construction fence shall be installed for tree protection at locations required by City of Fort Worth prior to commencement of general clearing, grubbing, and excavation. Tree protection fencing shall be approved by the Engineer. No clearing and grubbing operations may commence until an excavation pennit is issued by the City of Fort Worth and tree protection and initial erosion control measures are approved by City Inspector. The excavation permit is not the responsibility of the Excavation Contractor and will be obtained by the Engineer as part of the general permit to begin construction.
All trees and brush removed during construction becomes property of the contractor. Trees and brush shall be removed from the site or may be chipped and spread on adjacent property owned by Developer. Cost of removal or chipping and spreading is subsidiary to the unit cost for clearing and grubbing.
EXCAVATION: The Contractor shall exercise precautions to insure that drainage from adjacent properties is not blocked by his excavations.
Except as otherwise provided on the plans and in the specifications, excavation and backfill for storm sewer, water, and sanitary sewer lines will be to graded subgrade under pavements and to finished grades in other areas.
Excavation of streets to sub grade depth shall be performed by the grading contractor ( +/-0.20 feet) and ve1ified by the Engineer prior to the utility contractor beginning construction. Initiation of construction by the utility contractor shall indicate the acceptance of the subgrade being to grade and the utility contractor shall be responsible for returning the road subgrade to design elevation (+/-0.20 feet) following the completion of his work.
All fill placed on this project shall be compacted to a minimum of 95% standard proctor density in the streets and within building pads.
r
I i
II
11
11
I '
11
I !
11
25.
26.
27.
28.
UTILITY BACKFILL: Utility backfill shall be with trench spoil material free of rocks, trash, or other debris. All utility trench backfill shall require a minimum level of compaction of 95% standard proctor density.
INSPECTION OF SITE PRIOR TO BID: Each potential bidder shall visit the site of work prior to submitting his bid to familiarize himself with the site conditions. Test holes if desired, may be dug by prospective bidders under the following conditions:
1 ).
2).
3).
The prospective bidder shall not interfere with the activities of any contractor (s) cun-ently doing work on the site.
The prospective bidder shall take care to not disturb any construction stakes on the project.
Any test hole shall be returned to original grade and compacted the same day it is dug.
JOB SITE OFFICE AND STAGING AREAS: At the preconstruction conference, locations at the site of work will be designated by the Engineer for use by the Contractor (s)for the job site trailers, staging areas, etc. No deviation from these locations shall beallowed without the prior consent of the Engineer.
CLEANUP: The Contractor shall make a final cleanup of all parts of the work before acceptance by the Owner or his representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction mate1ials, and in general preparing the site of the work in an orderly manner and appearance. Each contractor's commencement of work shall signify his acceptance of the site in its present condition and the responsibility for returning the site to a condition acceptable to the owner upon completion of construction.
29.MAINTENANCE OF SERVICE: Connections to and replacement of existing utilities shall be made with a minimum of service delay. Affected services shall be notified bythe Contractor a minimum of 24 hours prior to service interruption.
30.LOCATION OF EXISTING UTILITIES: The location and dimensions shown on the plans relative to existing utilities are based on the best records and/or field informationavailable and are not guaranteed by the Owner to be accurate as to location and depth. It shall be the Contractor's responsibility to verify locations of adjacent and conflicting utilities sufficiently in advance of the pipe laying operating in order that he may negotiate such restrictive locations with the owners of any conflicting utility and/or make local adjustments in the pipe laying porches to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all utilities and services encountered. Any damage to utilities resulting from Contractor's operations shall be restored at his expense.
I
11
11
I I
I i
11
I
l.
31.
32.
33.
34.
35.
36.
37.
SIGNS: No sign (s) shall be placed on the property by the Contractor (s) without prior
written approval from Owner as to the type, size location, constrnction and appearance of
such sign (s).
POWER AND WATER FOR CONSTRUCTION: The Contractor (s) shall be
responsible for obtaining and paying for all power and/or water necessary for
constrnction.
COORDINATION WITH OTHER CONTRACTORS: The Contractor (s) shall
coordinate their activities with those of other contractors and utility contractors that will
be working in the area. In case of conflicts between the Contractor (s) and/or contractors
of utility companies, the decisions of the Engineer will be final.
COMPLETION TIME: It is understood and agreed between the parties that time is of the
essence of the contract. Each bidder shall indicate in his proposal a time in 180 working
days for completion of the work on which he has bid and this time period shall be one of
the basis on which the bids are evaluated. The time period shall commence ten (10)
calendar days following written notification by the Engineer that the Contractor may
begin work. For each day of delay beyond the completion date (after due allowance for
delays due to weather and circumstances beyond the Contractor's control) the Contractor
shall pay to the Owner as liquidated damages for each day of such delay the sum of Two
Hundred and Fifty Dollars ($250.00), it being understood between the parties here to that
the sum shall be treated as liquidated damages and not as a penalty and the Owner may
withhold from the Contractor's compensation such sums as liquidated damages. The
Contractor shall notify the Engineer in writing within ten (10) calendar days of any day
lost to weather or other circumstances which the Contractor feels warrants and extension
of time.
SUBCONTRACTORS: The Owner shall have review and approval of the qualifications
of any subcontractor selected by the Contractor. Agreements between the subcontractors
and Contractor shall be subject to the General Requirements.
TRENCH SAFETY: The Contractor shall provide a linear foot price for trench safety
provisions meeting the requirements of the United States Department of Labor
Occupational Safety and Health Administration regulations. If the trenches cannot stand
open, the Contractor shall flatten the slopes, provide a shoring system or use a trench box.
The linear foot bid price shall be total compensation for furnishing the shoring design,
use of trench boxes or sliding trench shields, labor, tools, materials and equipment
necessary to complete the work.
FINAL ADJUSTMENT OF MANHOLES, VALVE BOXES, ETC.: The Utility
Contractor shall terminate constrnction of appurtenances within proposed pavement areas
approximately 12"-18" below finish subgrade and cover the facility with a metal or
plywood cover. The Utility Contractor shall deliver the manhole ring and covers, valve
stacks, and other appurtenances to the Paving Contractor for installation and adjustment
I
11
I I
11
11
l I
I
l
38.
to final grade. Appurtenances falling outside proposed street or alley pavement or within
existing pavements shall be constructed in their entirety by the Utility Contractor.
Deleted
11
11
f
r I
11
11
11
11
I !
l
CITY OF FORT WORTH STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AW ARD ED PROJECTS STANDARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: January IO, 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 Perfonnance, 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 La\vs 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
ST AND ARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: January 10, 20 I 3
11
11
11
I '.
11
I
l
l
l
l
l
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 vVork ............................................................................................................. 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 ofWork .................................................................................................................... 33
13.01 City May Suspend vVork ............................................................................................................ 33
Article 14 -Miscellaneous .............................................................................................................................. 34
14.01 GivingNotice .............................................................................................................................. 34
CITY OF FORT WORTH STANDARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: Janumy 10, 2013
14. 02 Co1nputation of Times ................................................................................................................ 34
14.03 Cumulative Remedies ................................................................................................................. 34
14.04 Survival of Obligations ............................................................................................................... 35
14.05 Headings ...................................................................................................................................... 35
CITY OF FORT WORTH
ST AND ARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS Revised: January 10, 2013
r I
11
J I
11
I
11
l
l
00 73 10- I
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
ARTICLE 1 -DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
Page I of35
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.
I.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 of24 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 Se·wer, Street, Storm Drain, Street Light, and Street Signs.
A CF A may include private facilities within the right-of 'rvay dedicated as private right-of
way or easernent on a recorded plat.
8.Contract-The entire and integrated written document incorporating the Contract
Documents between the Developer, Contractor, and/or City concerning the Work. The
Contract supersedes prior negotiations, representations, or agreements, whether written or
oral.
9.Contract Documents-Those items that make up the contract and which must include the
Agreement, and it's attachments such as standard construction specifications, standard City
Conditions, other general conditions of the Developer, including:
a.An Agreement
CITY OF FORT WORTH
ST ANDA RD CITY CONDITIONS -DEVELOPER AW ARD ED PROJECTS
Revised: January I 0, 2013
00 73 10-2
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
b.Attachments to the Agreement
1.Bid Form
11.Vendor Compliance with State Law Non-Resident Bidder
111.Prequalification Statement
c.Current Prevailing Wage Rates Table (ifrequired by City)
d.Insurance Accord Form
e.Payment Bond
f.Performance Bond
g.Maintenance Bond
h.Power of Attorney for Bonds
1.Workers Compensation Affidavit
J.MWBE Commitment Form( If required by City)
k.General Conditions
1.Supplementary Conditions
m.The Standard City Conditions
Page2 of35
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
1. Notice to Proceed
11.Field Orders
111.Change Orders
iv.Letters of Final Acceptance
r.Approved Subrnittals, 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 sc ope, 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 Devel oper.
15.Final Acceptance -The written notice given by the City to the Developer and/or Contractor
that the Work specified in the Contract Documents has been completed to the satisfaction of
the City.
CITY OF FORT WORTH
ST ANDA RD CITY CONDITIONS -DEVELOPER AW ARD ED PROJECTS
Revised: January 10, 2013
r
f I
11
11
l
l I
l
l
l
00 73 10- 3
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 3 of35
16.Final Inspection -Inspection carried out by the City to verify that the Contractor has
completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in
conformance with the Contract Documents.
17.General Requirements-A part of the Contract Documents between the Developer and a
Contractor.
18.Laws and Regulations-Any and all applicable laws, rules, regulations, ordinances, codes,
and orders of any and all governmental bodies, agencies, authorities, and courts having
jurisdiction.
19.Liens-Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
20.Milestone-A principal event specified in the Contract Documents relating to an
intermediate Contract Time prior to Final Acceptance of the Work.
21.Non-Participating Change Order-A document, which is prepared for and reviewed by the
City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or
revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on
or after the Effective Date of the Agreement.
22.Participating Change Order-A document, which is prepared for and approved by the City,
which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or
revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on
or after the Effective Date of the Agreement.
23.Plans -See definition of Drawings.
24.Project Schedule-A schedule, prepared and maintained by Contractor, in accordance ·with
the General Requirements, describing the sequence and duration of the activities comprising
the Contractor's plan to accomplish the Work within the Contract Time.
25.Project-The Work to be performed under the Contract Documents.
26.Project Representative-The authorized representative of the City who will be assigned to
the Site.
27.Public Meeting -An announced meeting conducted by the Developer to facilitate public
participation and to assist the public in gaining an informed view of the Project.
28.Regular Working Hours -Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday
thru Friday (excluding legal holidays).
29.Samples-Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
00 73 10-4
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 4 of35
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/or the Contractor.
37.Supplementary Conditions-That part of the Contract Documents which amends or
supplements the General Conditions.
38.Sipplier-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 Worldng Hours -Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday,
Sunday or legal holiday, as approved in advance by the City.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER AW ARD ED PROJECTS
Revised: January 10, 2013
f I
r I
r l
11
I I
I
007310-5
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 5 of35
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 pe1forming
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 inc01porating all materials and equipment into such
construction, all as required by the Contract Documents.
42.Working Day -A worldng 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 "\,Vork," refers to Work that 1s
unsatisfactory, faulty, or deficient in that it:
a.does not confonn 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, Pe,form, Provide:
1.The word "Furnish" or the word "Install" or the word "Perfo1m" 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 perfonn the Work indicated, unless specifically limited in the
context used.
D.Unless stated othe1wise in the Contract Documents, words or phrases that have a well-known
technical or constrnction industry or trade meaning are used in the Conh·act Documents in
accordance with such recognized meaning.
CITY OF FORT WORTH
ST AND ARD CITY CONDITIONS -DEVELOPER AW ARD ED PROJECTS
Revised: January 10, 2013
00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of35 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 pe1formance 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;CITY OF FORT WORTH ST AND ARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS Revised: Januaty I 0, 2013
11
11
11
I I
11
11
11
11
I
I I
11
00 73 10- 7
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 7 of35
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 Pe,jormance, Payment, and Maintenance Bonds
A.Contractor shall furnish perfonnance and payment bonds in the name of Developer and City, inaccordance 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 amountequal 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 providedotherwise 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 orits right to do business is tenninated 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.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
0073 10-8
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 8 of35
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 fonn of the
pnmary coverage.
7.Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If
coverage is underwtitten 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
msurance coverage.
8.Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
9.Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
CITY OF FORT WORTH
ST AND ARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS Revised: Januaty 10, 2013
I I
11
11
11
11
I I
11
I
I
L
11
11
00 73 10- 9
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 9 of35
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 statut01y 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 perfonned and as will provide
protection from claims set forth below which may arise out of or result from Contractor's
performance of the Work and Contractor's other obligations under the Contract Documents,
whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly
or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any of them may be liable:
1.claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2.claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees.
3.The limits of liability for the insurance shall provide the following coverages for not less
than the following amounts or greater where required by Laws and Regulations
a.Statutory limits
b.Employer's liability
CITY OF FORT WORTH
ST ANDA RD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: January I 0, 20 I 3
00 73 10-10
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
1)$100,000
2)$100,000
3)$500,000
each accident/occurrence
Disease -each employee
Disease -policy limit
Page 10 of35
B.Commercial General Liability. Coverage shall include but not be limited to covering liability
(bodily injmy 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 constmction 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 occunence
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.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS-DEVELOPER AWARDED PROJECTS
Revised: Janumy 10, 2013
I r
11
11
11
11
II
I
11
l l
00 73 10-11
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page II of35
1)$1,000,000 each accident on a combined single limit basis. Split limits are
acceptable if limits are at least:
2)$250,000
3)$500,000
4)$100,000
Bodily Injury per person
Bodily Injury per accident /
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 constrnction activities will require its employees, agents, subcontractors,
equipment, and material deliveries to cross railroad properties and tracks owned and
operated by: ________________________ _Wtite the name of the rai lroad 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 obstrnct 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 constrnction 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 provide d b y Rail.road Company (If none, write none)
b.Each Occurrence: :
-E-:-n-te-r 1-im...,.it-s -p.--ov-id-ed,...,b_y_R-,ai,-lro-a d--,---C-=-o -m-pa_n_y (.,,,.II-,--. n-on-e,-w-:ri -te-no-n-,e)-
4.With respect to the above outlined insurance requirements, the following shall govern:
a.Where a single railroad company is involved, the Contractor shall provide one insurance
policy in the name of the railroad company. However, if more than one grade separation
or at-grade crossing is affected by the Project at entirely separate locations on the line or
lines of the same railroad company, separate coverage may be required, each in the
amount stated above.
b.Where more than one railroad company is operating on the same right-of-way or where
several railroad companies are involved and operated on their own separate rights-of-
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS
Revised: Januaty 10, 2013
00 73 10-12
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 12of35
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-confonnance 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 infonnation 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
CITY OF FORT WORTH
ST AND ARD CITY CONDITIONS -DEVELOPER AW ARD ED PROJECTS
Revised: January 10, 2013
11
II
I l
I !
11
11
I I
l I
l
00 73 10-13
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 13 of35
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 pnor to movmg areas during the sequence of
construction.
5.02 Labor; Worldng 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 p1ior
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 wan-anties and guarantees required by the Specifications shall expressly nm to the benefit
of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of materials and equipment.
CITY OF FORT WORTH ST AND ARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: Janumy 10, 2013
00 73 10-14
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 14 of35
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.
l."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 substih1te 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 detennines that:
1)it is at least equal in materials of constmction, 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 perfonnance and availability of responsive service; and
b.Contractor ce11ifies that, if approved and incorporated into the Work:
1)there will be no increase in cost to the City or increase in Contract Time; and
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: Janumy 10, 2013
11
11
11
11
11
11
l
l I 00 73 IO-15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of35 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:CITY OF FORT WORTH 1)shall certify that the proposed substitute item will:1.perform adequately the functions and achieve the results called for by the general
design;11.be similar in substance to that specified;
iii.be suited to the same use as that specified; and
2)will state:1.the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor's achievement of final completion on time;11.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;111.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:1.all variations of the proposed substitute item from that specified;11.available engineering, sales, maintenance, repair, and replacement services; andSTANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS Revised: January I 0, 2013
00 73 10-16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 16 of35
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 detennine 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
perfonnance 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 sub1nitted 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:
CITY OF FORT WORTH ST AND ARD CITY CONDITIONS -DEVELOPER AW ARD ED PROJECTS
Revised: Janumy IO, 2013
r
11
I
11
11
I '
11
l
I
l
l
00731 0-17
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
D Required for this Contract.
(Check this box if there is any City Paiticipation)
D Not Required for this Contract.
Page 17 of35
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 debannent 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
pe1formed by an MWBE. Material misrepresentation of any nature will be grounds for
tennination 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 pe1forming or furnishing any of the
Work under a direct or indirect contract with Contractor.
D.All Subcontractors, Suppliers, and such other individuals or entities perfonning or furnishing
any of the Work shall communicate with City through Contractor.
E.All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: January I 0, 2013
00 73 10-18
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 18 of35
Documents, Contractor shall provide City contract numbers and reference numbers to the
Subcontractors and/or Suppliers.
5.08 Wage Rates
D Required for this Contract.
D 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
detennination, 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 detennination. 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 detennination
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 lvlaintained. The Contractor and each Subcontractor shall, for a period of three (3)
years following the date of acceptance of the work, maintain records that show (i) the name and
CITY OF FORT WORTH
ST AND ARD CITY CONDITIONS-DEVELOPER A WARDED PROJECTS
Revised: January 10, 2013
r l
I I
r
11
11
l l
I
00 73 10-19
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 19 of35
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 perfonnance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monit01ing Contractor's
compliance with any Laws or Regulations.
B.If Contractor perfo1ms 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
comi or arbitration or other dispute resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor's responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor's obligations under Paragraph 3.01.
5.11 Use of Site and Other Areas
A.Limitation on Use of Site and Other Areas:
1.Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
CITY OF FORT WORTH
ST ANDA RD CITY CONDITIONS -DEVELOPER AW ARD ED PROJECTS
Revised: Janual)' I 0, 2013
00 73 10-20
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 20 of35
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
pe1fonnance 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 confonn 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 con-ect 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 arerecovered.
D.Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and
the Work and make it ready for utilization by City or adjacent property owner. At the completion
of the Work Contractor shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E.Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded
in any manner that will endanger the structure, nor shall Contractor subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
5.12 Record Documents
A.Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor
and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated
to show changes made during construction. These record documents together with all approved
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
f
II
I
11
I l
L
L
I
I J
l
l
l
00 73 IO-21
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page21 of35
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 superv1smg 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, shrnbs, lawns, walks,
pavements, roadways, strnctures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of constrnction.
B.Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal, relocation, and replacement of their property.
C.Contractor shall comply with the applicable requirements of City's safety programs, if any.
D.Contractor shall inform City of the specific requirements of Contractor's safety program, if any,
with which City's employees and representatives must comply while at the Site.
E.All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused,
directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any
other individual or entity directly or indirectly employed by any of them to perform any of the
Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor.
F.Contractor's duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and City has accepted the Work.
5.14 Safety Representative
Contractor shall inform City in writing of Contractor's designated safety representative at the Site.
CITY OF FORT WORTH
ST AND ARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: January IO, 2013
00 73 10-22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 22 of35
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 pe1formance 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-Infonnation-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, confonn
to the infonnation given in the Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract
Documents.
CITY OF FORT WORTH
ST AND ARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: January 10, 2013
11
i 1
I
11
I I
11
11
I
11
I
I
l
00 73 10-23
Standard City Conditions Of The Construction Con!ract For Developer Awarded Projects
Page 23 of35 2.City's review and acceptance will not extend to means, methods, techniques, sequences, orprocedures of construction ( except where a particular means, method, technique, sequence,or procedure of construction is specifically and expressly called for by the ContractDocuments) or to safety precautions or programs incident thereto. The review andacceptance of a separate item as such will not indicate approval of the assembly in which theitem functions.3.City's review and acceptance shall not relieve Contractor from responsibility for anyvariation from the requirements of the Contract Documents unless Contractor has compliedwith the requirements of Section 01 33 00 and City has given written acceptance of eachsuch variation by specific written notation thereof incorporated in or accompanying theSubmittal. City's review and acceptance shall not relieve Contractor from responsibility forcomplying 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 ContractDocuments and will not be defective. City and its officers, directors, members, partners,employees, agents, consultants, and subcontractors shall be entitled to rely on representation ofContractor'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 isresponsible; or2.normal wear and tear under normal usage.C.Contractor's obligation to perform and complete the Work in accordance with the ContractDocuments shall be absolute. None of the following will constih1te an acceptance of Work that isnot in accordance with the Contract Documents or a release of Contractor's obligation toperform 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 byCity;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; orCITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER AW ARD ED PROJECTS
Revised: January I 0, 2013
00 73 10-24
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
7.any correction of defective Work by City.
Page 24 of35
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 \-VHOLE 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 destrnction of
prope1iy of the City, arising out of, or alleged to arise out of, the work and services to be
perfmmed 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 \-VERE
CAUSED, IN \-VHOLE 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 constrnction 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 perfonnance and design criteria that such services must satisfy. Contractor shall
cause such services or ce1iifications to be provided by a properly licensed professional, whose
signahire and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittals prepared by such professional. Submittals related to the Work designed or certified
by such professional, if prepared by others, shall bear such professional's written approval when
submitted to City.
CITY OF FORT WORTH
ST AND ARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: Janumy 10, 2013
11
I I
11
11
I
l I
I I
I l
l
00 73 10-25
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 25 of35
C.City shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
ce1iifications or approvals performed by such design professionals, provided City has specified
to Contractor perfonnance 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 subconh"acts 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
pe1iinent books, documents, papers, and records of such Subcontractor, involving transactions to
the subcontract, and fu1iher, 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 pait with Federal financial assistance awarded by the U.S.
Department of Transpo1iation and the Federal Transit Administration (FT A), without
discriminating against any person in the United States on the basis of race, color, or national
origin.
B.Title Vl Civil Rights Act of 1964 as arnended: Contractor shall comply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS
Revised: January I 0, 20 I 3
00 73 10-26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects
ARTICLE 6-OTHER WORK AT THE SITE
6.01 Related Work at Site
Page26 of35
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 perfonning 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 othe1wise 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
rep01i 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 constrnction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. City will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
B.City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13.
CITY OF FORT WORTH ST AND ARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS Revised: Janumy 10, 2013
[
r
l ;
11
11
11
11
I
II
00 73 10-27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects
7.03 Compliance with Safety Program
Page27 of35
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.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPER A WARDED PROJECTS
Revised: January I 0, 2013
00 73 10-28
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
8.04 Determinations for Work Performed
Page28 of35
Contractor will detennine the actual quantities and classifications of Work performed. City's Project
Representative will review with Contractor the preliminary detenninations 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 \VORK
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 a/Contract Price
A.The Contract Price may only be changed by a Participating Change Order for projects with City
participation.
10.02 Change a/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.
CITY OF FORT WORTH
ST ANDA RD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: Janumy 10, 2013
r
11
I
11
II
11
11
I
I
I
I
11
i I
l
l 00 73 10-29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page29of35 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 detennined solely by
City.
1.City will coordinate such Testing to the extent possible, with Contractor;
2.Should any Testing under this Section 11.03 D result in a "fail", "did not pass" or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor's cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
CITY OF FORT WORTH
ST AND ARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: Janumy I 0, 20 I 3
00 73 10-30
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 30 of35
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 concun-ence 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 instrnctions by the City, it
must, if requested by City, be uncovered for City's observation and replaced at Contractor's
expense.
11.05 City lvfay Stop the Work
If the \York 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 po1iion 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 con-ect 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 con-ection
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.\Vhen con-ecting 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 tenns of any applicable special guarantee required by the Contract
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS Revised: Janumy 10, 20 I 3
I ;
11
r I
I I
I
11
l I
l l
l
l
00 73 10-31
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 31 of35
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 5.1 0.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 ofloss 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 petiod 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 wan·anty. 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 }day Correct Defective Work
A.If Contractor fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with Paragraph
11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such
deficiency.
B.In exercising the rights and remedies under this Paragraph 11.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor's services related thereto, and incorporate in the Work all materials and equipment
incorporated in the Work, stored at the Site or for which City has paid Contractor but which are
CITY OF FORT WORTH
ST ANDA RD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: Janumy 10, 2013
00 73 10- 32
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 32 of35
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) incmTed 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
perfonnance 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, detennines 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
perfonnance of the remainder of the Work. City at any time may notify Contractor in writing to
pennit City to use or occupy any such part of the Work which City detennines 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.Patiial 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:
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER AW ARD ED PROJECTS Revised: Janumy 10, 2013
11
11
I
11
11
I
l l
I
l
00 73 10-33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects
1.within 10 days, City will schedule a Final Inspection with Contractor.
Page 33 of35
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 requ irements of the Contract Documents which specifically continue thereafter.
ARTICLE 13 -SUSPENSION OF \VORK
13.01 City A1ay 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 detennined by
mutual consent of the Contractor and City that a solution to allow constrnction to proceed is not
CITY OF FORT WORTH STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS
Revised: January IO, 20 I 3
00 73 10-34
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 34 of35
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 paiiy.
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 ofTimes
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.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER AW ARD ED PROJECTS Revised: January IO, 2013
f I
11
I
[ I
I
11
l
14.04 Survival of Obligations
00 73 10-35
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 35 of35
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 te1mination 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.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: January I 0, 20 I 3
f
f I
11
11
11
11
11
L
01 11 00-I
DAP SUMMARY OF WORK
1 2 PART 1 -GENERAL 1.1 SUMMARY A.Section Includes:SECTION 01 11 00 SUMMARY OF WORK Page I of3
3
4
5
6 1.Summary of Work to be' performed in accordance with the Contract Documents7
8
9
10
11 12 B.Deviations from this City of Fort Worth Standard Specification1.None.C.Related Specification Sections include, but are not necessarily limited to:1.Division O -Bidding Requirements, Contract Forms, and Conditions of the Contract2.Division 1 -General Requirements1.2 PRICE AND PAYMENT PROCEDURES 13 A.Measurement and Payment14 1.Work associated with this Item is considered subsidiary to the various items bid.15 No separate payment will be allowed for this Item.16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A.Work Covered by Contract Documents19 1.Work is to include furnishing all labor, materials, and equipment, and performing20 all Work necessary for this construction project as detailed in the Drawings and21 Specifications.22 B.Subsidiary Work23 1.Any and all Work specifically governed by documentary requirements for the24 project, such as conditions imposed by the Drawings or Contract Documents in25 which no specific item for bid has been provided for in the Proposal and the item is26 not a typical unit bid item included on the standard bid item list, then the item shall27 be considered as a subsidiary item of Work, the cost of which shall be included in28 the price bid in the Proposal for various bid items.29 C.Use of Premises30 1.Coordinate uses of premises under direction of the City.31 32 33
34
35
36
37
38 2.Assume full responsibility for protection and safekeeping of materials andequipment stored on the Site.3.Use and occupy only portions of the public streets and alleys, or other public placesor other rights-of-way as provided for in the ordinances of the City, as shown in theContract Documents, or as may be specifically authorized in writing by the City.a.A reasonable amount of tools, materials, and equipment for constructionpurposes may be stored in such space, but no more than is necessary to avoiddelay in the construction operations.CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECrFICATION DOCUMENTS-Developer Awarded Projects CPN 100884
Revised December 20, 2012
011100-2 DAP SUMMARY OF WORK Page 2 of3 1 b.Excavated and waste materials shall be stored in such a way as not to interfere2 with the use of spaces that may be designated to be left free and unobstructed3 and so as not to inconvenience occupants of adjacent property.4 c.If the street is occupied by railroad tracks, the Work shall be carried on in such5 manner as not to interfere with the operation of the railroad.6 1)All Work shall be in accordance with railroad requirements set forth in7 Division Oas well as the railroad permit.8 D.Work within Easements9 1.Do not enter upon private property for any purpose without having previously10 obtained permission from the owner of such property.11 2.Do not store equipment or material on private property unless and until the12 specified approval of the property owner has been secured in writing by the13 Contractor and a copy furnished to the City.14 3.Unless specifically provided otherwise, clear all rights-of-way or easements of15 obstmctions which must be removed to make possible proper prosecution of the16 Work as a part of the project constmction operations.17 4.Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants,18 lawns, fences, culverts, curbing, and all other types of stmctures or improvements,19 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or20 appurtenances thereof, including the constmction ·of temporary fences and to all21 other public or private property adjacent to the Work.22 5.Notify the proper representatives of the owners or occupants of the public or private23 lands of interest in lands which might be affected by the Work.24 a.Such notice shall be made at least 48 hours in advance of the beginning of the25 Work.26 b.Notices shall be applicable to both public and private utility companies and any27 corporation, company, individual, or other, either as owners or occupants,28 whose land or interest in land might be affected by the Work.29 c.Be responsible for all damage or injury to property of any character resulting30 from any act, omission, neglect, or misconduct in the manner or method or31 execution of the Work, or at any time due to defective work, material, or32 equipment.33 6.Fence34 a.Restore all fences encountered and removed during constmction of the Project35 to the original or a better than original condition.36 b.Erect temporary fencing in place of the fencing removed whenever the Work is37 not in progress and when the site is vacated overnight, and/or at all times to38 provide site security.39 c.The cost for all fence work within easements, including removal, temporary40 closures and replacement, shall be subsidiary to the various items bid in the41 project proposal, unless a bid item is specifically provided in the proposal.CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER STANDARD CONSTRUCTION SPEClF IC ATION DOCUMENTS-Developer Awarded Projects CPN 100884 Revised December 20, 2012
r
I I
I :
11
II
11
I '
11
11
l
l I
l
1
2
3
4
5
6
7
8
9
10
11
12
13
01 11 00 - 3
DAP SUMMARY OF WORK
Page 3 of3 1.5 SUBMITT ALS [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] PART2-PRODUCTS [NOT USED] PART3-EXECUTION [NOT USED] END OF SECTION Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-Developer Awarded Projects CPN 100884
Revised December 20, 2012
012500-1
DAP SUBSTlTUTION PROCEDURES 1 SECTION 01 25 00 2 SUBSTITUTION PROCEDURES 3 PARTl-GENERAL 4 1.1 SUMMARY 5 A.Section Includes:Page I of4 6 1.The procedure for requesting the approval of substitution of a product that is not7 equivalent to a product which is specified by descriptive or performance criteria or8 defined by reference to 1 or more of the following:9 a.Name of manufacturer10 b.Name of vendor11 c.Trade name12 d.Catalog number13 2.Substitutions are not "or-equals".14 B.Deviations from this City of Fort Worth Standard Specification15 1.None.16 C.Related Specification Sections include, but are not necessarily limited to:17 1.Division 0 -Bidding Requirements, Contract Forms and Conditions of the Contract18 2.Division 1-General Requirements19 1.2 PRICE AND PAYMENT PROCEDURES 20 A.Measurement and Payment21 1.Work associated with this Item is considered subsidiaiy to the various items bid. No22 separate payment will be allowed for this Item.23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A.Request for Substitution -General26 1.Within 30 days after award of Contract (unless noted otherwise), the City will27 consider formal requests from Contractor for substitution of products in place of28 those specified.29 2.Certain types of equipment and kinds of material are described in Specifications by30 means of references to names of manufacturers and vendors, trade names, or catalog31 numbers.32 a.When this method of specifying is used, it is not intended to exclude from33 consideration other products bearing other manufacturer's or vendor's names,34 trade names, or catalog numbers, provided said products are "or-equals," as35 determined by City.36 3.Other types of equipment and kinds of material may be acceptable substitutions37 under the following conditions:38 a.Or-equals are unavailable due to strike, discontinued production of products39 meeting specified requirements, or other factors beyond control of Contractor;40 0�CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS CPN 100884 Revised August 30, 2013
11 1 I 2
3 11 4
5
6 11 7
8
9 11 10 11 12 11 13
14
15 I I 16
17
18 11 19
20
21
22
23
24
25 I I 26
27
28 I I 29
30
31
32
33
34
35
36
37
38 11 39
40
I 41
42
43
44
45
46
l
012500-2 DAP SUBSTITUTION PROCEDURES
Page 2 of4 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 Substitution1.Substitution shall be considered only:a.After award of Contractb.Under the conditions stated herein2.Submit 3 copies of each written request for substitution, including:a.Documentation1)Complete data substantiating compliance of proposed substitution withContract Documents2)Data relating to changes in construction schedule, when a reduction isproposed3)Data relating to changes in costb.For products1)Product identificationa)Manufacturer's nameb)Telephone number and representative contact namec)Specification Section or Drawing reference of originally specifiedproduct, including discrete name or tag number assigned to originalproduct in the Contract Documents2)Manufacturer's literature clearly marked to show compliance of proposedproduct with Contract Documents3)Itemized comparison of original and proposed product addressing productcharacteristics including, but not necessarily limited to:a)Sizeb)Composition or materials of constructionc)Weightd)Electrical or mechanical requirements4)Product experiencea)Location of past projects utilizing productb)Name and telephone number of persons associated with referencedprojects knowledgeable concerning proposed productc)Available field data and reports associated with proposed product5)Samplesa)Provide at request of City.b)Samples become the property of the City.C.For construction methods:1)Detailed description of proposed method2)Illustration drawingsC.Approval or Rejection1.Written approval or rejection of substitution given by the City2.City reserves the right to require proposed product to comply with color and patternof specified product if necessary to secure design intent.3.In the event the substitution is approved, if a reduction in cost or time results, it willbe documented by Change Order.CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS CPN 100884 Revised August 30, 2013
012500 - 3
DAP SUBSTITUTION PROCEDURES 1 4.Substitution will be rejected if:2 a.Submittal is not through the Contractor with his stamp of approval3 b.Request is not made in accordance with this Specification Section Page 3 of 4 4 c.In the Developer's opinion, acceptance will require substantial revision of the5 original design6 d.In the City's or Developer's opinion, substitution will not perform adequately7 the function consistent with the design intent8 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
9 1.7 CLOSEOUT SUBMITTALS [NOT USED] 10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11 1.9 QUALITY ASSURANCE 12 A.In making request for substitution or in using an approved product, the Contractor13 represents that the Contractor:14 1.Has investigated proposed product, and has determined that it is adequate or15 superior in all respects to that specified, and that it will perform function for which it16 is intended17 2.Will provide same guarantee for substitute item as for product specified18 3.Will coordinate installation of accepted substitution into Work, to include building19 modifications if necessary, making such changes as may be required for Work to be20 complete in all respects21 4.Waives all claims for additional costs related to substitution which subsequently22 arise23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
24 1.11 FIELD [SITE] CONDITIONS [NOT USED]
25 1.12 WARRANTY [NOT USED] 26 PART 2 -PRODUCTS [NOT USED] 27 PART 3-EXECUTION [NOT USED]
28 END OF SECTION 29 30 Revision Log DATE NA1vIE SUMMARY OF CHANGE CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS CPN 100884
Revised August 30, 2013
I l
I '
11
I l
11
11
11
l J
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 26
27 28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
012500-4
DAP SUBSTITUTION PROCEDURES
Page4 of 4 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 engineeringand 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 ____________ _
as noted
Firm ______________ _ Address ____________ _
Date _____________ _ Telephone ___________ _
For Use by City:
___ Approved
City ______________ _
Recommended Reconunended
Not recommended __ Received late
By ________________ _ Date ________________ _ Remarks ----------------
___ Rejected
Date -----------------
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS CPN 100884 Revised August 30, 2013
013119-1
DAP PRECONSTRUCTION MEETING 1 SECTION 01 3119 2 PRECONSTRUCTION MEETING 3 PART 1 -GENERAL 4 1.1 SUl\!IMARY 5 A Section Includes: Page I of3 6 1.Provisions for the preconstrnction meeting to be held prior to the start of Work to7 clarify constrnction contract administration procedures8 B.Deviations from this City of Fort Worth Standard Specification9 1.No construction schedule required unless requested by the City.10 C.Related Specification Sections include, but are not necessarily limited to:11 1.Division 0 -Bidding Requirements, Contract Forms and Conditions of the Contract12 2.Division 1-General Requirements13 1.2 PRICE AND PAYlVIENT PROCEDURES 14 A Measurement and Payment 15 1.Work associated with this Item is considered subsidiary to the various items bid.16 No separate payment will be allowed for this Item.17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A Coordination 20 1.Attend preconstruction meeting.21 2.Representatives of Contractor, subcontractors and suppliers attending meetings22 shall be qualified and authorized to act on behalf of the entity each represents.23 3.Meeting administered by City may be tape recorded.24 a.If recorded, tapes will be used to prepare minutes and retained by City for25 future reference.26 B.Preconstruction Meeting27 1.A preconstruction meeting will be held within 14 days after the delivery of the28 distribution package to the City.29 a.The meeting will be scheduled and administered by the City.30 2.The Project Representative will preside at the meeting, prepare the notes of the31 meeting and distribute copies of same to all participants who so request by fully32 completing the attendance form to be circulated at the beginning of the meeting.33 3.Attendance shall include:34 a.Developer and Consultant35 b.Contractor's project manager36 c.Contractor's superintendent37 d.Any subcontractor or supplier representatives whom the Contractor may desire38 to invite or the City may requestCITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AW ARD ED PROJECTS CPN I 00884
Revised August 30, 2013
11
11
11
11
11
I I
l I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
4. e.Other City representativesf.Others as appropriatePreliminary Agenda may include:a.Introduction of Project Personnelb.General Description of Project 013119-2
OAP PRECONSTRUCTION MEETING
Page 2 of3 c.Status of right-of-way, utility clearances, easements or other pertinent permitsd.Contractor's work plan and schedulee.Contract Timef.Notice to Proceedg.Construction Stakingh.Progress Payments1.Extra Work and Change Order Proceduresj.Field Ordersk.Disposal Site Letter for Waste Material1.Insurance Renewalsm.Payroll Certificationn.Material Certifications and Quality Control Testingo.Public Safety and Conveniencep.Documentation of Pre-Construction Conditionsq.Weekend Work Notificationr.Legal Holidayss.Trench Safety Planst.Confined Space Entry Standardsu.Coordination with the City's representative for operations of existing watersystemsv.Storm Water Pollution Prevention Planw.Coordination with other Contractorsx.Early Warning Systemy.Contractor Evaluationz.Special Conditions applicable to the projectaa. Damages Claimsbb. Submittal Procedurescc.Substitution Proceduresdd.Correspondence Routingee. Record Drawingsff. Temporary construction facilitiesgg. MBE/SBE procedureshh. Final Acceptanceii.Final Paymentjj. Questions or CommentsCITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS CPN 10 0884
Revised August 30, 2013
01 31 19 - 3
OAP PRECONSTRUCTION MEETING
1 1.5 SUBMITTALS [NOT USED]
2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
3 1.7 CLOSEOUT SUBMITTALS [NOT USED]
4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
5 1.9 QUALITY ASSURANCE [NOT USED]
6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
7 1.11 FIELD [SITE] CONDITIONS [NOT USED]
8 1.12 WARRANTY [NOT USED] 9 PART 2-PRODUCTS [NOT USED] 10 PART 3 -EXECUTION [NOT USED]
11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 Page 3 of3
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AW ARD ED PROJECTS CPN I 00884
Revised August 30, 20 I 3
11
11
I
11
11
I
I
l i
11
I I
l I
I I
I
l 1 2 3 4 5 6 7 8 9 10 11 PART 1 -GENERAL 1.1 SUMMARY A. Section Includes: SECTION 01 33 00 DAP SUBMITT ALS 013300-1
DAP SUBMITIALS
Page I of8 1.General methods and requirements of submissions applicable to the followingWork-related subrnittals:a.Shop Drawingsb.Product Data (including Standard Product List submittals)c.Samplesd.MockUps12 B.Deviations from this City of Fort Worth Standard Specification13 14 15 16 17 18 19 20 1.None.C.Related Specification Sections include, but are not necessarily limited to:1.Division O -Bidding Requirements, Contract Forms and Conditions of the Contract2.Division 1-General Requirements1.2 PRICE AND PAYlVIENT PROCEDURES A.Measurement and Payment1.Work associated with this Item is considered subsidiary to the various items bid.No separate payment will be allowed for this Item.21 1.3 REFERENCES [NOT USED] 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 1.4 ADMINISTRATIVE REQUIREMENTS A.Coordination1.Notify the City in writing, at the time of submittal, of any deviations in thesubrnittals from the requirements of the Contract Documents.2.Coordination of Submittal Timesa.Prepare, prioritize and transmit each submittal sufficiently in advance ofperforming the related Work or other applicable activities, or within the timespecified in the individual Work Sections, of the Specifications.b.Contractor is responsible such that the installation will not be delayed byprocessing times including, but not limited to:a)Disapproval and resubmittal (ifrequired)b)Coordination with other submittalsc)Testingd)Purchasinge)Fabricationf)Deliveryg)Similar sequenced activitiesc.No extension of time will be authorized because of the Contractor's failure totransmit submittals sufficiently in advance of the Work.CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATIO N DOCUMENTS -DEVELOPER AW ARD ED PROJECTS CPN 100884
Revised August 30, 2013
01 3300-2 DAP SUBMITIALS
Page 2 of8
1 d.Make submittals promptly in accordance with approved schedule, and in such2 sequence as to cause no delay in the Work or in the work of any other3 contractor.4 B.Submittal Numbering5 1.When submitting shop drawings or samples, utilize a 9-character submittal cross-6 reference identification numbering system in the following manner:7 a.Use the first 6 digits of the applicable Specification Section Number.8 b.For the next 2 digits number use numbers O 1-99 to sequentially number each9 initial separate item or drawing submitted under each specific Section number.10 c.Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e.11 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical12 submittal number would be as follows:13
14 03 30 00-08-B 15 16 1)03 30 00 is the Specification Section for Concrete17 2)08 is the eighth initial submittal under this Specification Section18 3)B is the third submission (second resubmission) of that particular shop19 drawing20 C.Contractor Certification21 1.Review shop drawings, product data and samples, including those by22 subcontractors, prior to submission to determine and verify the following:23 a.Field measurements24 b.Field construction criteria25 c.Catalog numbers and similar data26 d.Conformance with the Contract Documents27 2.Provide each shop drawing, sample and product data submitted by the Contractor28 with a Certification Statement affixed including:29 a.The Contractor's Company name30 b.Signature of submittal reviewer31 c.Certification Statement32 1)"By this submittal, I hereby represent that I have determined and verified33 field measurements, field construction criteria, materials, dimensions,34 catalog numbers and similar data and I have checked and coordinated each35 item with other applicable approved shop drawings."36 D.Submittal Format37 1.Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11 inches.38 2.Bind shop drawings and product data sheets together.39 3.Order40 a.Cover Sheet41 1)Description of Packet42 2)Contractor Certification43 b.List of items / Table of Contents44 c.Product Data /Shop Drawings/Samples /Calculations45 E.Submittal Content46 1.The date of submission and the dates of any previous submissionsCITY OF FORT WORTH SOUTHFORK EST ATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS CPN 100884 Revised August 30, 2013
f I
11
I I
11
11
11
I l
11
l I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29 30 31
32
0133 00-3
DAP SUBMIITALS 2.The Project title and number3.Contractor identification4.The names of:a.Contractorb.• Supplierc.Manufacturer Page 3 of8 5.Identification of the product, with the Specification Section number, page andparagraph( s)6.Field dimensions, clearly identified as such7.Relation to adjacent or critical features of the Work or materials8.Applicable standards, such as ASTM or Federal Specification numbers9.Identification by highlighting of deviations from Contract Documents10.Identification by highlighting of revisions on resubmittals11.An 8-inch x 3-inch blank space for Contractor and City stampsF.Shop Drawings1.As specified in individual Work Sections includes, but is not necessarily limited to:a.Custom-prepared data such as fabrication and erection/installation (working)drawingsb.Scheduled informationc.Setting diagramsd.Actual shopwork manufacturing instructionse.Custom templatesf.Special wiring diagramsg.Coordination drawingsh.Individual system or equipment inspection and test reports including:1)Performance curves and certifications1.As applicable to the Work2.Detailsa.Relation of the various parts to the main members and lines of the structureb.Where correct fabrication of the Work depends upon field measurements1)Provide such measurements and note on the drawings prior to submittingfor approval.33 G.Product Data34
35
36
37
38
39
40
41
42
43
44
45
46 1.For submittals of product data for products included on the City's Standard ProductList, clearly identify each item selected for use on the Project.2.For submittals of product data for products not included on the City's StandardProduct List, submittal data may include, but is not necessarily limited to:a.Standard prepared data for manufactured products (sometimes referred to ascatalog data)1)Such as the manufacturer's product specification and installationinstructions2)Availability of colors and patterns3)Manufacturer's printed statements of compliances and applicability4)Roughing-in diagrams and templates5)Catalog cuts6)Product photographsCITY OF FORT WORTH SOUTHFORK EST ATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS CPN 100884
Revised August 30, 2013
01 33 00 - 4 DAP SUBMITTALS
7)Standard wiring diagrams
2 8)Printed performance curves and operational-range diagrams
Page 4 of8
3 9)Production or quality control inspection and test reports and certifications
4 10)Mill reports
5 11)Product operating and maintenance instructions and recommended
6 spare-parts listing and printed product warranties
7 12)As applicable to the Work
8 H.Samples
9 1.As specified in individual Sections, include, but are not necessarily limited to:
10 a.Physical examples of the Work such as:
11 1)Sections of manufactured or fabricated Work
12 2)Small cuts or containers of materials
13 3)Complete units of repetitively used products color/texture/pattern swatches
14 and range sets
15 4)Specimens for coordination of visual effect
16 5)Graphic symbols and units of Work to be used by the City for independent
17 inspection and testing, as applicable to the Work
18 I.Do not start Work requiring a shop drawing, sample or product data nor any material to
19 be fabricated or installed prior to the approval or qualified approval of such item.
20 1.Fabrication performed, materials purchased or on-site construction accomplished
21 which does not conform to approved shop drawings and data is at the Contractor's
22 risk.
23
24
2.The City will not be liable for any expense or delay due to corrections or remedies
required to accomplish conformity.
25 3.Complete project Work, materials, fabrication, and installations in conformance
26 with approved shop drawings, applicable samples, and product data.
27 J.Submittal Distribution
28 1.Electronic Distribution
29 a.Confirm development of Project directory for electronic submittals to be
30 uploaded to City's Buzzsaw site, or another external FTP site approved by the31 City.
32 b.Shop Drawings
33 1)Upload submittal to designated project directory and notify appropriate
34 City representatives via email of submittal posting.
35 2)Hard Copies
36 a)3 copies for all submittals
37 b)If Contractor requires more than 1 hard copy of Shop Drawings
38 returned, Contractor shall submit more than the number of copies listed
39 above.
40 c.Product Data
41 1)Upload submittal to designated project directory and notify appropriate
42 City representatives via email of submittal posting.
43 2)Hard Copies
44 a)3 copies for all submittals
45 d.Samples
46 1)Distributed to the Project Representative
47 2.Hard Copy Distribution (if required in lieu of electronic distribution)
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS CPN 100884
Revised August 30, 2013
f I
11
I l
11
11
11
l !
l.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
K.
013300-5
DAP SUBMIITALS a.Shop Drawings1)Distributed to the City2)Copiesa)8 copies for mechanical submittalsb)7 copies for all other submittals Page 5 of8 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 Data1)Distributed to the City2)Copiesa)4 copiesc.Samples1)Distributed to the Project Representative2)Copiesa)Submit the number stated in the respective Specification Sections.3.Distribute reproductions of approved shop drawings and copies of approvedproduct data and samples, where required, to the job site file and elsewhere asdirected by the City.a.Provide number of copies as directed by the City but not exceeding the numberpreviously specified.Submittal Review 1.The review of shop drawings, data and samples will be for general conformancewith the design concept and Contract Documents. This is not to be construed as:a.Permitting any departure from the Contract requirementsb.Relieving the Contractor of responsibility for any errors, including details,dimensions, and materialsc.Approving departures from details furnished by the City, except as otherwiseprovided herein2.The review and approval of shop drawings, samples or product data by the Citydoes not relieve the Contractor from his/her responsibility with regard to thefulfillment of the terms of the Contract.a.All risks of error and omission are assumed by the Contractor, and the City willhave no responsibility therefore.3.The Contractor remains responsible for details and accuracy, for coordinating theWork 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 adeparture from the Contract requirements which City finds to be in the interest ofthe City and to be so minor as not to involve a change in Contract Price or time forperformance, the City may return the reviewed drawings without noting anexception.5.Subrnittals will be returned to the Contractor under 1 of the following codes:a.Code 11)"NO EXCEPTIONS TAKEN" is assigned when there are no notations orcomments on the submittal.a)'When returned under this code the Contractor may release theequipment and/or material for manufacture.b.Code 2CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS CPN 100884 Revised August 30, 2013
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
01 33 00 - 6
DAP SUBMITIALS
Page 6 of8 1)"EXCEPTIONS NOTED". This code is assigned when a confirmation ofthe 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 thefinal product.c.Code 31)"EXCEPTIONS NOTED/RESUBMIT". This combination of codes isassigned when notations and comments are extensive enough to require aresubmittal of the package.a)The Contractor may release the equipment or material for manufacture;however, all notations and comments must be incorporated into thefinal product.b)This resubmittal is to address all comments, omissions andnon-conforming items that were noted.c)Resubmittal is to be received by the City within 15 Calendar Days ofthe date of the City's transmittal requiring the resubmittal.d.Code 41)"NOT APPROVED" is assigned when the submittal does not meet theintent of the Contract Documents.a)The Contractor must resubmit the entire package revised to bring thesubmittal into conformance.b)It may be necessary to resubmit using a different manufacturer/vendorto meet the Contract Documents.6.Resubmittalsa.Handled in the same manner as first subrnittals1)Corrections other than requested by the City2)Marked with revision triangle or other similar methoda)At Contractor's risk if not markedb.Submittals for each item will be reviewed no more than twice at the City'sexpense.1)All subsequent reviews will be performed at times convenient to the Cityand at the Contractor's expense, based on the City's or CityRepresentative's then prevailing rates.2)Provide Contractor reimbursement to the City within 30 Calendar Days forall such fees invoiced by the City.c.The need for more than 1 resubmission or any other delay in obtaining City'sreview of submittals, will not entitle the Contractor to an extension of ContractTime.7.Partial Submittalsa.City reserves the right to not review submittals deemed partial, at the City'sdiscretion.b.Submittals deemed by the City to be not complete will be returned to theContractor, and will be considered "Not Approved" until resubmitted.c.The City may at its option provide a list or mark the submittal directing theContractor to the areas that are incomplete.8.If the Contractor considers any correction indicated on the shop drawings toconstitute a change to the Contract Documents, then written notice must beprovided thereof to the Developer at least 7 Calendar Days prior to release formanufacture.CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS CPN 100884 Revised August 30, 2013
f l
11
11
I I
11
11
I
L
I
11
l,
l l
l
l
,. "1
I
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
0133 00-7
DAP SUBMITTALS
Page 7 of8 9.When the shop drawings have been completed to the satisfaction of the City, theContractor may carry out the construction in accordance therewith and no furtherchanges therein except upon written instructions from the City.10.Each submittal, appropriately coded, will be returned within 30 Calendar Daysfollowing receipt of submittal by the City.L.Mockups1.Mock Up units as specified in individual Sections, include, but are not necessarilylimited to, complete units of the standard of acceptance for that type of Work to beused on the Project. Remove at the completion of the Work or when directed.M.Qualifications1.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 informationa.Clarification or interpretation of the contract documentsb.When the Contractor believes there is a conflict between Contract Documentsc.When the Contractor believes there is a conflict between the Drawings andSpecifications1)Identify the conflict and request clarification2.Sufficient information shall be attached to permit a written response without furtherinformation.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 ·w ARRANTY [NOT USED]
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS CPN 100884 Revised August 30, 2013
PART 2 -PRODUCTS [NOT USED]
013300-8
OAP SUBMITIALS
Page 8 of8 2 PART 3 -EXECUTION [NOT USED] 3 END OF SECTION 4 5 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D.Johnson 1.4.K.8. Working Days modified to Calendar Days
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS CPN 100884
Revised August 30, 2013
f I
I \
I I
11
I
I
I I I 2 3 PART 1 -GENERAL
SECTION 01 45 23
01 45 23 • I
DAP TESTING AND INSPECTION SERVICES
Page I of2 TESTING AND INSPECTION SERVICES 4 1.1 SUMMARY 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 A.Section Includes:1.Testing and inspection services procedures and coordinationB.Deviations from this City of Fort Worth Standard Specification1.None.C.Related Specification Sections include, but are not necessarily limited to:1.Division 0 -Bidding Requirements, Contract Forms and Conditions of the Contract2.Division 1 -General Requirements1.2 PRICE AND PA Yl\iIENT PROCEDURES A.Measurement and Payment1.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 allQuality Control testing.b.City is responsible for performing and payment for first set of QualityAssurance testing.1)If the first Quality Assurance test perfonned by the City fails, theContractor is responsible for payment of subsequent Quality Assurancetesting until a passing test occurs.a)Final acceptance will not be issued by City until all required paymentsfor testing by Contractor have been paid in full.25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A.Testing1.Complete testing in accordance with the Contract Documents.2.Coordinationa.When testing is required to be performed by the City, notify City, sufficientlyin 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 Reportsa.Electronic Distribution1)Confirm development of Project directory for electronic subrnittals to beuploaded to City's Buzzsaw site, or another form of distribution approvedby the City.2)Upload test reports to designated project directory and notify appropriateCity representatives via email of submittal posting.CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER ST ANDA RD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AW ARD ED PROJECTS CPN I 00884
014523-2 DAP TESTING AND INSPECTION SERVICES
Page 2 of2 3)Hard Copies2 a)1 copy for all submittals submitted to the Project Representative3 b.Hard Copy Distribution (if required in lieu of electronic distribution)4 1)Tests performed by City5 a)Distribute 1 hard copy to the Contractor6 2)Tests performed by the Contractor7 a)Distribute 3 hard copies to City's Project Representative8 4.Provide City's Project Representative with trip tickets for each delivered load of9 Concrete or Lime material including the following information:10 a.Name of pit11 b.Date of delivery12 c.Material delivered13 B.Inspection14 1.Inspection or lack of inspection does not relieve the Contractor from obligation to15 perform work in accordance with the Contract Documents.16 1.5 SUBMITTALS [NOT USED]
17 1.6 ACTION SUBMITTALS/INFORl'1ATIONAL SUBMITTALS [NOT USED]
18 1.7 CLOSEOUT SUBMITTALS [NOT USED] 19 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
20 1.9 QUALITY ASSURANCE [NOT USED] 21 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 22 1.11 FIELD [SITE] CONDITIONS [NOT USED]
23 1.12 WARRANTY [NOT USED]
24 PART 2 -PRODUCTS [NOT USED] 25 PART 3 -EXECUTION [NOT USED]
26 END OF SECTION 27 28
Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS CPN I 00884
I Ir I
11
II
[ I
I
l
I
l
l
2
3
4
5
6
7
8
9
10
11 12 13
14
015000-1
DAP TEMPORARY FACILITIES AND CONTROLS SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 -GENERAL 1.1 SUMMARY A.Section Includes:Page I of4 I.Provide temporary facilities and controls needed for the Work including, but notnecessarily limited to:a.Temporary utilitiesb.Sanitary facilitiesc.Storage Sheds and Buildingsd.Dust controle.Temporary fencing of the construction siteB.Deviations from this City of Fort Worth Standard Specification1.None.15 C.Related Specification Sections include, but are not necessarily limited to:16 1.Division 0-Bidding Requirements, Contract Forms and Conditions of the Contract17 2.Division 1 -General Requirements18 1.2 PRICE AND PAYMENT PROCEDURES 19 A.Measurement and Payment20 1.Work associated with this Item is considered subsidiary to the various Items bid.21 No separate payment will be allowed for this Item.22 1.3 REFERENCES [NOT USED] 23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40 1.4 ADMINISTRATIVE REQUIREMENTS A.Temporary Utilities1.Obtaining Temporary Servicea.Make arrangements with utility service companies for temporary services.b.Abide by rules and regulations of utility service companies or authoritieshaving jurisdiction.c.Be responsible for utility service costs until Work is approved for FinalAcceptance.I)Included are fuel, power, light, heat and other utility services necessary forexecution, completion, testing and initial operation of Work.2.Watera.Contractor to provide water required for and in connection with Work to beperformed and for specified tests of piping, equipment, devices or other use asrequired for the completion of the Work.b.Provide and maintain adequate supply of potable water for domesticconsumption by Contractor personnel and City's Project Representatives.c.CoordinationI)Contact City I week before water for construction is desiredCITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AW ARD ED PROJECTS CPN 100884 Revised JULY I, 20 I I
0150 00-2
DAP TEMPORARY FACILITIES AND CONTROLS 1 d.Contractor Payment for Construction Water Page 2 of 4 2 1)Obtain construction water meter from City for payment as billed by City's3 established rates.4 3.Electricity and Lighting5 a.Provide and pay for electric powered service as required for Work, including6 testing of Work.7 1)Provide power for lighting, operation of equipment, or other use.8 b.Electric power service includes temporary power service or generator to9 maintain operations during scheduled shutdown.10 4.Telephone11 a.Provide emergency telephone service at Site for use by Contractor personnel12 and others performing work or furnishing services at Site.13 5.Temporary Heat and Ventilation14 a.Provide temporary heat as necessary for protection or completion of Work.15 b.Provide temporary heat and ventilation to assure safe working conditions.16 B.Sanitary Facilities17 1.Provide and maintain sanitary facilities for persons on Site.18 a.Comply with regulations of State and local departments of health.19 2.Enforce use of sanitary facilities by construction personnel at job site.20 a.Enclose and anchor sanitary facilities.21 b.No discharge will be allowed from these facilities.22 c.Collect and store sewage and waste so as not to cause nuisance or health23 problem.24 d.Haul sewage and waste off-site at no less than weekly intervals and properly25 dispose in accordance with applicable regulation.26 3.Locate facilities near Work Site and keep clean and maintained throughout Project.27 4.Remove facilities at completion of Project28 C.Storage Sheds and Buildings29 1.Provide adequately ventilated, watertight, weatherproof storage facilities with floor30 above ground level for materials and equipment susceptible to weather damage.31 2.Storage of materials not susceptible to weather damage may be on blocks off32 ground.33 3.Store materials in a neat and orderly manner.34 a.Place materials and equipment to permit easy access for identification,35 inspection and inventory.36 4.Equip building with lockable doors and lighting, and provide electrical service for37 equipment space heaters and heating or ventilation as necessary to provide storage38 environments acceptable to specified manufacturers.39 5.Fill and grade site for temporary structures to provide drainage away from40 temporary and existing buildings.41 6.Remove building from site prior to Final Acceptance.42 D.Temporary Fencing43 1. Provide and maintain for the duration or construction when required in contract44 documents45 E.Dust ControlCITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS CPN 100884 Revised JULY I, 2011
I
I
f I
11
11
01 5000-3
OAP TEMPORARY FACILITIES AND CONTROLS
Page 3 of4
1 1.Contractor is responsible for maintaining dust control through the duration of the
2 project.
3 a.Contractor remains on-call at all times
4 b.Must respond in a timely manner
5 F.Temporary Protection of Construction
6 1.Contractor or subcontractors are responsible for protecting Work from damage due
7 to weather.8 1.5 SUBMITTALS [NOT USED] 9 1.6 AC TION SUBMITTALS/INFORl\iIATIONAL SUBMITTALS [NOT USED] 11 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] I I
11
11
I
I
l I
l !
I.
l
11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2-PRODUCTS [NOT USED] 17 PART 3 -EXEC UTION [NOT USED] 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAl\'IINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 INSTALLATION 22 A.Temporary Facilities
23 1.Maintain all temporary facilities for duration of construction activities as needed.24 3.5 [REPAIR]/ [RESTORATION] 25 3.6 RE-INSTALLATION 26 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 27 3.8 SYSTEM STARTUP [NOT USED] 28 3.9 ADJUSTING [NOT USED] 29 3.10 CLEANING [NOT USED] 30 3.11 CLOSEOUT ACTIVITIES 31 A.Temporary Facilities
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS CPN 100884 Revised JULY I, 2011
0150 00-4
DAP TEMPORARY FACILITIES AND CONTROLS
Page4 of4
1 1.Remove all temporary facilities and restore area after completion of the Work, to a
2 condition equal to or better than prior to start of Work.
3 3.12 PROTECTION [NOT USED]
4 3.13 MAINTENANCE [NOT USED]
5 3.14 ATTACHMENTS [NOT USED]
6 END OF SECTION
7
8
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS CPN 100884 Revised JULY I, 2011
l l
11
11
11
11
I
I
I
l
l
l 1 2 3 015526 - I DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page I of3 SECTION 01 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART 1-GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 A.Section fucludes:1.Administrative procedures for:a.Street Use Permitb.Modification of approved traffic controlc.Removal of Street SignsB.Deviations from this City of Fort Worth Standard Specification1.None.C.Related Specification Sections include, but are not necessarily limited to:1.Division 0 -Bidding Requirements, Contract Forms and Conditions of the Contract2.Division 1 -General Requirements3.Section 34 71 13 -Traffic Control1.2 PRICE AND PAYlVIENT PROCEDURES A.Measurement and Payment1.Work associated with this Item is considered subsidiary to the various Items bid.No separate payment will be allowed for this Item.20 1.3 REFERENCES 21 A.Reference Standards22 23 24 25 1.Reference standards cited in this specification refer to the current reference standardpublished at the time of the latest revision date logged at the end of thisspecification, unless a date is specifically cited.2.Texas Manual on Uniform Traffic Control Devices (TMUTCD).26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A.Traffic Control28 1.General29 a.When traffic control plans are included in the Drawings, provide Traffic30 Control in accordance with Drawings and Section 34 71 13.31 b.When traffic control plans are not included in the Drawings, prepare traffic32 control plans in accordance with Section 34 71 13 and submit to City for33 34 35 36 37 38 review.1)Allow minimum 10 working days for review of proposed Traffic Control.B.Street Use Permit1.Prior to installation of Traffic Control, a City Street Use Permit is required.a.To obtain Street Use Permit, submit Traffic Control Plans to CityTransportation and Public Works Department.CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS CPN 100884 Revised July I, 2011
015526 -2
OAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 1 1)Allow a minimum of 5 working days for permit review.Page 2 of 3 2 2)Contractor's responsibility to coordinate review of Traffic Control plans for3 Street Use Permit, such that construction is not delayed.4 C.Modification to Approved Traffic Control5 1.Prior to installation traffic control:6 a.Submit revised traffic control plans to City Department Transportation and7 Public Works Department.8 1)Revise Traffic Control plans in accordance with Section 34 71 13.9 2)Allow minimum 5 working days for review of revised Traffic Control.10 3)It is the Contractor's responsibility to coordinate review of Traffic Control11 plans for Street Use Permit, such that construction is not delayed.12 D.Removal of Street Sign13 1.If it is determined that a street sign must be removed for construction, then contact14 City Transportation and Public Works Department, Signs and Markings Division to15 remove the sign.16 E.Temporary Signage17 1.In the case of regulatory signs, replace pennanent sign with temporary sign meeting18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control19 Devices (MUTCD).20 2.Install temporary sign before the removal of pennanent sign.21 3.When construction is complete, to the extent that the permanent sign can be22 reinstalled, contact the City Transportation and Public Works Department, Signs23 and Markings Division, to reinstall the permanent sign.24 F.Traffic Control Standards25 1.Traffic Control Standards can be found on the City's Buzzsaw website.26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALS/JNFORl\!IATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2 -PRODUCTS [NOT USED] 35 PART 3 -EXECUTION [NOT USED] 36 END OF SECTION CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS CPN 100884 Revised July I, 2011
11
I l
11
11
l I 1 2
DATE NAME
015526-3
DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page 3 of3
Revision Log
SUMMARY OF CHANGE
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECfflCATION DOCUMENTS -DEVELOPER AW ARD ED PROJECTS CPN I 00884 Revised July I, 2011
01 57 13 • I DAP STOR1vl WATER POLLUTION PREVENTION
1 SECTION 01 57 13
2 STORM WATER POLLUTION PREVENTION
3 PART 1 - GENERAL
4 1.1 SUMMARY
5 A.Section Includes:
6 1.Procedures for Storm Water Pollution Prevention Plans
7 B.Deviations from this City of Fort Worth Standard Specification
8 1.None.
9 C.Related Specification Sections include, but are not necessarily limited to:
10 1.Division 0 -Bidding Requirements, Contract Forms and Conditions of the
11 Contract
12 2.Division 1 -General Requirements
13 3.Section 31 25 00 -Erosion and Sediment Control
14 1.2 PRICE AND PAYlVIENT PROCEDURES
15 A.Measurement and Payment
16 1.Construction Activities resulting in less than 1 acre of disturbance
Page I of3
17 a.Work associated with this Item is considered subsidiary to the various Items
18 bid. No separate payment will be allowed for this Item.
19 2.Construction Activities resulting in greater than 1 acre of disturbance
20 a.Measurement and Payment shall be in accordance with Section 31 25 00.
21 1.3 REFERENCES
22 A.Abbreviations and Acronyms
23 1.Notice of Intent: NOI
24 2.Notice of Termination: NOT
25 3.Storm Water Pollution Prevention Plan: SWPPP
26 4.Texas Commission on Environmental Quality: TCEQ
27 5.Notice of Change: NOC
28 A.Reference Standards
29 1.Reference standards cited in this Specification refer to the current reference
30 standard published at the time of the latest revision date logged at the end of this
31 Specification, unless a date is specifically cited.
32 2.Integrated Storm Management (iSWM) Technical Manual for Construction
33 Controls
34 1.4 ADMINISTRATIVE REQUIREMENTS
35 A.General
36 1.Contractor is responsible for resolution and payment of any fines issued associated
37 with compliance to Stormwater Pollution Prevention Plan.
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AW ARD ED PROJECTS CPN l00884 Revised July I, 2011
11
11
I
11
l 1
ll
I B.Construction Activities resulting in:01 57 13 - 2 OAP STORM WATER POLLUTION PREVENTION
Page 2 of3 2 1.Less than 1 acre of disturbance3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47 a.Provide erosion and sediment control in accordance with Section 31 25 00 andDrawings.2.1 to less than 5 acres of disturbancea.Texas Pollutant Discharge Elimination System (TPDES) General ConstructionPermit is requiredb.Complete SWPPP in accordance with TCEQ requirements1)TCEQ Small Construction Site Notice Required under general permitTXR150000a)Sign and post at job siteb)Prior to Preconstruction Meeting, send 1 copy to City Department ofTransportation and Public Works, Environmental Division, (817) 392-6088.2)Provide erosion and sediment control in accordance with:a)Section 31 25 00b)The Drawingsc)TXR150000 General Permitd)SWPPPe)TCEQ requirements3.5 acres or more of Disturbancea.Texas Pollutant Discharge Elimination System (TPDES) General ConstructionPermit is requiredb.Complete SWPPP in accordance with TCEQ requirements1)Prepare a TCEQ NOI form and submit to TCEQ along with required feea)Sign and post at job siteb)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 NOI3)Provide erosion and sediment control in accordance with:a)Section 31 25 00b)The Drawingsc)TXR150000 General Permitd)SWPPPe)TCEQ requirements4)Once the project has been completed and all the closeout requirements ofTCEQ 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 SUBMITT ALS A.SvVPPP1.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 Cityas follows:1)1 copy to the City Project Managera)City Project Manager will forward to the City Department ofTransportation and Public Works, Environmental Division for reviewCITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS CPN 100884 Revised July I, 2011
015713-3 DAP STORM WATER POLLUTION PREVENTION
1 B.Modified SWPPP
Page 3 of3
2 1.If the SWPPP is revised during construction, resubmit modified SWPPP to the City
3 in accordance with Section 01 33 00.
4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
5 1.7 CLOSEOUT SUBMITTALS [NOT USED]
6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
7 1.9 QUALITY ASSURANCE [NOT USED]
8 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
9 1.11 FIELD [SITE] CONDITIONS [NOT USED]
10 1.12 WARRANTY [NOT USED]
11 PART 2 -PRODUCTS [NOT USED]
12 PART 3-EXECUTION [NOT USED]
13 END OF SECTION
14
15
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS CPN 100884
Revised July I, 2011
1
2
3
4
5
6
7
8
9
10
11 11 12
13 II 14
15
16
17 l 18
19
20 I 21
22
23 11 24
25
26
27
28 11 29
30
t1 31
32
l 33
34
016000 • I
DAP PRODUCT REQUIREMENTS
Page I of2
SECTION 01 60 00 PRODUCT REQUIREMENTS PARTl-GENERAL
1.1 SUMMARY A.Section Includes:1.References for Product Requirements and City Standard Products ListB.Deviations from this City of Fort Worth Standard Specification1.None.C.Related Specification Sections include, but are not necessarily limited to:1.Division 0-Bidding Requirements, Contract Forms and Conditions of the Contract2.Division 1 -General Requirements1.2 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 located on Buzzsaw as follows:1.Resources\02 -Construction Documents\Standard Products ListB.Only products specifically included on City's Standard Product List in these ContractDocuments shall be allowed for use on the Project.1.Any subsequently approved products will only be allowed for use upon specificapproval by the City.C.Any specific product requirements in the Contract Documents supersede similarproducts included on the City's Standard Product List.1.The City reserves the right to not allow products to be used for certain projects eventhough 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 allproducts from that manufacturer are approved for use, including but not limited to, thatmanufacturer's standard product.E.See Section O 1 33 00 for submittal requirements of Product Data included on City'sStandard 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]
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER!
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS CPN 100884
Revised April 7, 2014
0160 00-2
DAP PRODUCT REQUIREMENTS
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
Revision Log
DATE NAME SUMMARY OF CHANGE
10/12/12 D.Johnson Modified Location of City's Standard Product List
4/7/2014 M.Domenech Revised for OAP application
8
Page 2 of2
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER!
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS CPN 100884 Revised Apiil 7, 2014
l I
11
11
11
I
I
I
l
01 77 19 - I
DAP CLOSEOUT REQUIREMENTS 1 SECTION 01 77 19 2 CLOSEOUT REQUIREMENTS 3 PART 1 -GENERAL
4 1.1 SUl\iIMARY 5 6 7 8 9 A.Section Includes:1.The procedure for closing out a contractB.Deviations from this City of Fort Worth Standard Specification1.None.C.Related Specification Sections include, but are not necessarily limited to:Page I of3 10 11 1.Division O -Bidding Requirements, Contract Forms and Conditions of the Contract12 13 14 15 16 17 2.Division 1-General Requirements1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment1.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 18 A.Guarantees, Bonds and Affidavits19 1.No application for final payment will be accepted until all guarantees, bonds,20 certificates, licenses and affidavits required for Work or equipment as specified are21 satisfactorily filed with the City.22 B.Release of Liens or Claims23 1.No application for final payment will be accepted until satisfactory evidence of24 release of liens has been submitted to the City.25 1.5 SUBMITTALS 26 A.Submit all required documentation to City's Project Representative.CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
ST AND ARD CONSTRUCTION SPEClFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS CPN I 00884
Revised April 7, 2014
017719-2 DAP CLOSEOUT REQUIREMENTS
1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART3-EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED]
7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A.Prior to requesting Final Inspection, submit:10 1.Project Record Documents in accordance with Section 01 78 39 Page 2 of 3 11 2.Operation and Maintenance Data, if required, in accordance with Section O 1 78 2312 B.Prior to requesting Final Inspection, perform final cleaning in accordance with Section13 01 74 23.14 C.Final Inspection15 1.After final cleaning, provide notice to the City Project Representative that the Work16 is completed.17 a.The City will make an initial Final Inspection with the Contractor present.18 b.Upon completion of this inspection, the City will notify the Contractor, in19 writing within 10 business days, of any particulars in which this inspection20 reveals that the Work is defective or incomplete.21 2.Upon receiving written notice from the City, immediately undertake the Work22 required to remedy deficiencies and complete the Work to the satisfaction of the23 City.24 3.Upon completion of Work associated with the items listed in the City's written25 notice, inform the City, that the required Work has been completed. Upon receipt26 of this notice, the City, in the presence of the Contractor, will make a subsequent27 Final Inspection of the project.28 4.Provide all special accessories required to place each item of equipment in full29 operation. These special accessory items include, but are not limited to:30 a.Specified spare parts31 b.Adequate oil and grease as required for the first lubrication of the equipment32 c.Initial fill up of all chemical tanks and fuel tanks33 d.Light bulbs34 e.Fuses35 f.Vault keys36 g.Handwheels37 h.Other expendable items as required for initial start-up and operation of all38 equipment39 D.Notice of Project CompletionCITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS CPN 100884 Revised April 7, 2014
I
11
r I
11
11
l
ll
I
017719-3
DAP CLOSEOUT REQUIREMENTS
Page 3 of3 1.Once the City Project Representative finds the Work subsequent to Final Inspection2 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet).3 E.Supporting Documentation4 1.Coordinate with the City Project Representative to complete the following5 additional forms:6 a.Final Payment Request7 b.Statement of Contract Time8 c.Affidavit of Payment and Release of Liens9 d.Consent of Surety to Final Payment10 e.Pipe Report (ifrequired)11 f.Contractor's Evaluation of City12 g.Performance Evaluation of Contractor13 F.Letter of Final Acceptance14 1.Upon review and acceptance of Notice of Project Completion and Supporting15 Documentation, in accordance with General Conditions, City will issue Letter of16 Final Acceptance and release the Final Payment Request for payment.17 3.5 REPAIR/RESTORATION [NOT USED] 18 3.6 RE-INSTALLATION [NOT USED] 19 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED]
20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED]
22 3.10 CLEANING [NOT USED]
23 3.11 CLOSEOUT ACTIVITIES [NOT USED]
24 3.12 PROTECTION [NOT USED]
25 3.13 MAINTENANCE [NOT USED]
26 3.14 ATTACHJ.VIENTS [NOT USED] 27 END OF SECTION
28
29 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for OAP application CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AW ARD ED PROJECTS CPN 10088 4
Revised April 7, 2014
OJ 78 39 - I DAP PROJECT RECORD DOCUMENTS
SECTION 01 78 39
2 PROJECT RECORD DOCUMENTS
3 PART 1 -GENERAL
4 1.1 SUl\tIMARY
5 A.Section Includes:
Page I of4
6 1.Work associated with the documenting the project and recording changes to project
7 documents, including:
8 a.Record Drawings
9 b.Water Meter Service Reports
10 c.Sanitary Sewer Service Reports
11 d.Large Water Meter Reports
12 B.Deviations from this City of Fort Worth Standard Specification
13 1.None.
14 C.Related Specification Sections include, but are not necessarily limited to:
15 1.Division 0-Bidding Requirements, Contract Forms and Conditions of the Contract
16 2.Division 1 -General Requirements
17 1.2 PRICE AND PAYMENT PROCEDURES
18 A.Measurement and Payment
19 1.Work associated with this Item is considered subsidiary to the various Items bid.
20 No separate payment will be allowed for this Item.
21 1.3 REFERENCES [NOT USED]
22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
23 1.5 SUBMITTALS
24 A.Prior to submitting a request for Final Inspection, deliver Project Record Documents to
25 City's Project Representative.
26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
27 1.7 CLOSEOUT SUBMITTALS [NOT USED]
28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
29 1.9 QUALITY ASSURANCE
30 A.Accuracy of Records
31 1.Thoroughly coordinate changes within the Record Documents, making adequate
32 and proper entries on each page of Specifications and each sheet of Drawings and
33 other Documents where such entry is required to show the change properly.
34 2.Accuracy of records shall be such that future search for items shown in the Contract
35 Documents may rely reasonably on information obtained from the approved Project
36 Record Documents.
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS CPN I 00884 Revised Aplil 7, 2014
I l
I r
11
I I
I
11
I
l
l J
L
l
l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 01 78 39 -2
DAP PROJECT RECORD DOCUMENTS
Page 2 of 4 3.To facilitate accuracy ofrecords, make entries within 24 hours after receipt ofinformation that the change has occurred.4.Provide factual information regarding all aspects of the Work, both concealed andvisible, to enable future modification of the Work to proceed without lengthy andexpensive site measurement, investigation and examination.1.10 STORAGE AND HANDLING A.Storage and Handling Requirements1.Maintain the job set of Record Documents completely protected from deteriorationand from loss and damage until completion of the Work and transfer of all recordeddata to the final Project Record Documents.2.In the event of loss of recorded data, use means necessary to again secure the datato the City's approval.a.In such case, provide replacements to the standards originally required by theContract Documents.15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2 -PRODUCTS 18 2.1 OWNER-FURNISHED [oR] OWNER-SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A.Job set21 22 23 24 25 26 1.Promptly following receipt of the Notice to Proceed, secure from the City, at nocharge to the Contractor, 1 complete set of all Documents comprising the Contract.B.Final Record Documents1.At a time nearing the completion of the Work and prior to Final Inspection, providethe City 1 complete set of all Final Record Drawings in the Contract.2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 -EXECUTION 29 30 31 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 34 35 A.Maintenance of Job Set1.Immediately upon receipt of the job set, identify each of the Documents with thetitle, "RECORD DOCUMENTS-JOB SET".CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS CPN 100884
Revised April 7, 2014
1
2
3
4
5
6
7
8
9
10 11 12 13 14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
B.
01 78 39 - 3
DAP PROJECT RECORD DOCUMENTS
Page 3 of4
2.Preservation
a.Considering the Contract completion time, the probable number of occasions
upon which the job set must be taken out for new entries and for examination,
and the conditions under which these activities will be performed, devise a
suitable method for protecting the job set.
b.Do not use the job set for any purpose except entry of new data and for review
by the City, until start of transfer of data to final Project Record Documents.
c.Maintain the job set at the site of work.
3.Coordination with Construction Survey
a.At a minimum clearly mark any deviations from Contract Documents
associated with installation of the infrastructure.
4.Making entries on Drawings
a.Record any deviations from Contract Documents.
b.Use an erasable colored pencil (not ink or indelible pencil), clearly describe the
change by graphic line and note as required.
c.Date all entries.
d.Call attention to the entry by a "cloud" drawn around the area or areas affected.
e.In the event of overlapping changes, use different colors for the overlapping
changes.
5.Conversion of schematic layouts
a.In some cases on the Drawings, arrangements of conduits, circuits, piping,
ducts, and similar items, are shown schematically and are not intended to
portray precise physical layout.
1)Final physical arrangement is detennined 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 detennined 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.
Final Project Record Documents
1.Transfer of data to Drawings
a.Carefully transfer change data shown on the job set of Record Drawings to the
corresponding final documents, coordinating the changes as required.
b.Clearly indicate at each affected detail and other Drawing a full description of
changes made during construction, and the actual location of items.
c.Call attention to each entry by drawing a "cloud" around the area or areas
affected.
CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
ST AND ARD CONSTRUCTION SPEC[f[CA TION DOCUMENTS -DEVELOPER AW ARD ED PROJECTS • CPN 100884 Revised April 7, 2014
r
l 1
l I
I
11
I
L
l
l
l
l
1
2
3
4
5
6
7
8
9
10
11
12
13
14
01 78 39 - 4
DAP PROJECT RECORD DOCUMENTS d.Make changes neatly, consistently and with the proper media to assurelongevity and clear reproduction.2.Transfer of data to other Documents Page 4 of 4 a.If the Documents, other than Drawings, have been kept clean during progress ofthe 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 finalRecord Documents.b.If any such Document is not so approved by the City, secure a new copy of thatDocument from the City at the City's usual charge for reproduction andhandling, and carefully transfer the change data to the new copy to the approvalof the City.3.5 REPAIR/RESTORATION [NOT USED]
3.6 RE-INSTALLATION [NOT USED]
3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED]
15 3.8 SYSTEM STARTUP [NOT USED]
16 3.9 ADJUSTING [NOT USED]
17
18
19
20
21
22
23
24
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
417/2014 M.Domenech Revised for DAP Application CITY OF FORT WORTH SOUTHFORK ESTATES OFF SITE SEWER
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS CPN 100884
Revised April 7, 2014