HomeMy WebLinkAbout049880-PM1 - Construction-Related - Contract - BH Development Two, L.P., and Conatser Construction TX, L.P.(
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FORT WORTH
' ,_,_# PROJECT MANUAL FOR THE CONSTRUCTION OF PAVING, DRAINAGE, STREET LIGHTS, WATER & SANITARY SEWER IMPROVEMENTS TO SERVE HIGHPOINT HILL -PHASE 3 Betsy Price
Mayor
City Project No. 100967
John Robert Carman
Water Director
Douglas W. Wiersig, P.E.
David Cooke
City Manager
Director, Transportation and Public Works Department 2017 BAIRD, HAMPTON & BROWN, INC.
6300 RIDGLEA PLACE, SUITE 700
FORT WORTH, TEXAS 76116
FIRM REG. NO. 00044
8/24/17
CSC No. 49880-PM1
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00 00 10-I
TABLE OF CONTENTS FOR DEVELOPER A WARDED PROJECTS
SECTION 00 00 10
2
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TABLE OF CONTENTS
DEVELOPER AW ARD ED PROJECTS
5 Division 00 -General Conditions
6 00 11 13 hlYitatioR to Bidders
7 00 21 13 lRstrnetioRs to Bidders
8 00 41 00 Bid ForrR
9 00 42 43 Proposal Form Unit Price
IO 00 43 13 Bid BoRd
I I 00 45 11 Bidders PreqimlifieatioR's
12 00 45 12 Prequalification Statement
I 3 00 4 5 13 Bidder PreqHalifieatioR ApplieatioR
14 00 45 26 Contractor Compliance with Workers' Compensation Law
15 00 45 40 MiRority BHsiRess ERterprise Goal
16 00 52 43 Agreement
I 7 00 6 I 25 Certificate of Insurance
I 8 00 62 13 Performance Bond
19 00 62 14 Payment Bond
20 00 62 I 9 Maintenance Bond
2 I 00 72 00 GeReral CoRditioRs
22 00 73 00 gHpplerReRtary CoRditioRs
Page I of 4
23 00 73 IO Standard City Conditions of the Construction Contract for Developer Awarded
24 Projects
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26 Division 01 -General Requirements
27 0 l 11 00 glirRFRary of Work
28 0 I 25 00 gHastitHtioR ProeedHres
29 0 I 31 19 PreeoRstrHetioR MeetiRg
30 01 31 20 Prajeet MeetiRgs
3 I 0 l 32 16 CoRstrnetioR Progress gehedHle
32 0 l 32 33 PreeoRstrnetioR Video
33 01 33 00 Submittals
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 TerRporary Prajeet gjgnage
40 0 I 60 00 Product Requirements
41 0 I 66 00 Product Storage and Handling Requirements
42 0 I 70 00 Mobilization and Remobilization
43 0 I 71 23 C01�struetioR gtakiRg
44 01 74 23 Cleaning
45 01 77 19 CloseoHt ReqHiren1eRts
46 0 I 78 23 OperatioR aRd MaiRtenanee Data
47 01 78 39 Project Record Documents
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CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS
Revised September I, 2015
Highpoilll Hill -Phase 3
City Project No. /00967
00 00 10-2
TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS
Page 2 of 4
Technical Specifications which have been modified by the Engineer specifically for this
2 Project; hard copies are included in the Project's Cont.-act Documents
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4 NONE
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6 Technical Specifications listed below are included for this Project by reference and can be
7 viewed/downloaded from the City's Buzzsaw site at:
8
9 htps://proj ectpo int. buzzsa w .com/ c I ient/fortworth gov /Resources/02%20-
10 %20Construction%20Documents/Specifications
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12 Division 02 -Existing Conditions
13 02 41 13 Seleeti1,1e Site De1Holition
14 02 41 14 Utility Remo1,1al/AbandoF1ment
15 02 41 15 PaviAg Removal
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17 Division 03 -Concrete
18 03 30 00 Cast-In-Place Concrete
19 03 34 13 Controlled Low Strength Material (CLSM)
20 03 34 16 Concrete Base Material for Trench Repair
21 03 80 00 ModifieatioAs to E,dstiAg Conerete Struetures
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23 Division 26 -Electrical
24 26 05 00 Common Work Results for Electrical
25 26 05 IO Demolitiofl for Eleetrieal Systems
26 26 05 33 Raceway and Boxes for Electrical Systems
27 26 05 43 Underground Ducts and Raceways for Electrical Systems
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Division 31 -Earthwork
31 10 00 Site Clearing
31 23 16 Unclassified Excavation
3 1 23 23 Borrow
31 24 00 Embankments
31 25 00 Erosion and Sediment Control
31 3 (i 00 Gab ions
31 37 00 Riprap
Division 32 -Exterior Improvements
3 2 01 17 Pertflafleflt Asphalt Paying Repair
3 2 01 18 Temporary Asphalt Paying Repair
32 01 29 Conerete Paving Repair
32 11 23 Fle,(ible Base Courses
32 11 29 Lime Treated Base Courses
32 11 33 CemeAt Treated Base Courses
32 12 1 (i Asphalt Paving
32 12 73 Asphalt Paving Craek Sealants
3 2 13 13 Concrete Paving
32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps
32 13 73 Concrete Paving Joint Sealants
32 14 I (i Brielc Unit Paving
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS
Revised September I, 2015
Highpoint Hill -Phase 3
City Project No. 100967
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TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS
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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
Concrete Cure and Gutters and Valley Gutters
Pavement Markings
Chain Link Fences and Gatos
Wire Fences and Gatos
Wood Fences and Gatos
Cast in Place Concrete Retaining Walls
Topsoil Placement and Finishing of Parkways
Hydro-Mulching, Seeding, and Sodding
Trees and Shrues
11 Division 33 -Utilities
12 33 01 30 Sewer and Manhole Testing
13 33 0 I 31 Closed Circuit Television (CCTV) Inspection
14 33 Q3 IQ Bypass Pumping of Existing Se:wor Systems
15 33 Q4 IQ Joint Bonding and Electrical Isolation
16 33 Q4 11 Corrosion Control Test Stations
17 3 3 Q4 12 Magnesium Anode Cathodic Protection System
18 33 Q4 3Q TotHporary Water Son•icos
19 33 04 40 Cleaning and Acceptance Testing of Water Mains
20 33 05 IO Utility Trench Excavation, Embedment, and Backfill
21 33 05 12 Water Line Lowering
22 33 05 13 Frame, Cover and Grade Rings
23 33 QS 14 Adjusting Manholes, Inlets, Vat..•e Boxes, and Other Structures to Grado
24 33 QS Hi Concrete \Vator Vaults
25 3 3 QS 17 Concrete Collars
26 33 QS 2Q Auger Boring
27 33 QS 21 Tunnel Liner Plato
28 33 QS 22 Stool Casing Pipe
29 33 QS 23 Hand Tunneling
30 33 QS 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plato
31 33 QS 26 Utility Marl,ors/Locators
32 33 QS 30 Exploratory E�wa:vation for E�dsting Utilities
33 33 11 IO Ductile Iron Pipe
34 33 11 11 Ductile Iron Fittings
35 33 11 12 Polyv inyl Chloride (PVC) Pressure Pipe
36 33 11 13 Concrete Pressure Pipe, Bar Wrapped, Steel Cylinder Typo
37 33 11 14 Buried Steel Pipe and Fittings
38 33 11 15 Pre stressed Concrete Cylinder Pipe
39 33 12 10 Water Services I-inch to 2-inch
40 33 12 11 Large Water Meters
41 33 12 20 Resilient Seated Gate Valve
42 33 12 21 AWWA Russer Seated Butterfly Val¥es
43 33 12 25 Connection to Existing Water Mains
44 33 12 30 Comeination Air Valve Assemelies for Potaele Water Systems
45 33 12 40 Dry-Barrel Fire Hydrants
46 33 12 50 Water Sample Stations
47 33 12 60 Blow ofP/al1res
48 3 3 31 12 Cured iA Place Pipe (GIPP)
49 33 31 13 Fieerglass Reinforced Pipe for Gravity SaAitary Sowers
50 33 31 15 HOPE Pipe For SaAitary Sewers (Gravity and Force MaiAs)
Page 3 of 4
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS
Revised September I, 2015
Highpoint Hill -Phase 3
City Project No. 100967
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00 00 10-4 TABLE OF CONTENTS FOR DEVELOPER AW ARD ED PROJECTS
33 31 20
33 31 21
33 31 22
33 31 23
33 31 50
33 31 70
33 39 10
33 39 20
33 39 30
33 39 40
33 39 60
33 41 10
33 41 11
33 46 00
33 46 01
33 46 02
33 49 10
33 49 20
33 49 40
Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe
Pol)01 in)·I Chloride (PVC) Closed Profile GraYit.,· Sm�itary Sewer Pipe
Sanitary Se11,·er Slip LiRing
Sanitary Sewer Pipe EnlargemeRt
Sanitary Sewer Service Connections and Service Line
CombiRation Air Vah·e for Sanitary Se¥,·er Foree Mains
Cast-in-Place Concrete Manholes
Precast Concrete Manholes
Fiberglass MaRholes
'.Vastewater Aeeess ChatHber (WAC)
Epoxy Liners for Sanitary Sewer Structures
Reinforced Concrete Storm Sewer Pipe/Culverts
HDPE StonH Se>,>11er Pipe
SHb drainage
Slotted StonH Drains
TreReh Drains
Cast-in-Place Manholes and Junction Boxes
Curb and Drop Inlets
Storm Drainage Headwalls and Wingwalls
Division 34 -Transportation
34 41 10 Traffie SigRals
3 4 41 13 RemoYing Traffie Signals
34 41 20 Roadway Illumination Assemblies
34 41 30 Aluminum Signs
34 71 13 Traffic Control
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 01 60 00
Availability of Lands
Subsurface and Physical Conditions
UndergroH�d Faeilities
Haz;ardoHs Environmental Condition at Site
Minority and Women O•wned BHsiRess Enterprise CompliaRee
V/age Rates
Per1Hits and Utilities
�londiseri1HiRatioR
ProdHet ReqHirements
END OF SECTION
CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS Revised September I, 2015
Page 4 of 4
Highpoint Hill -Phase 3
City Project No. I ()()967
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SECTION 00 42 43
Developer Awarded Projects -PROPOSAL FORM
UNIT PRICE BID
Bidlist Item
No.
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Project Item lnfonnation
Description Specification Unit of
Section No. Measure
UNIT I: WATER IMPROVEMENTS
3311.0261 8" PVC Water Pipe
3312.3003 8" Gate Valve
3312.0001 Fire Hydrant
3312.2003 1" Water Service
3311.0001 Ductile Iron Water Fittings w/ Restraint
3305.0003 8" Waterline Lowering
3305.0109 Trench Safety
9999.0001 1" Water Service (Irrigation)
33 11 12 LF
33 12 20 EA
33 12 40 EA
33 12 10 EA
33 11 11 TON
33 05 12 EA
33 05 10 LF
33 12 10 EA
00 42 43
DAP -BID PROPOSAL
Page I of7
Bidder's Application
Bidder's Proposal
Bid Unit Price Bid Value Quantity
2050 $35.00 $71,750.00
3 $1,250.00 $3,750.00
2 $4,200.00 $8,400.00
69 $950.00 $65,550.00
0.6 $4,500.00 $2,700.00
1 $1,500.00 $1,500.00
2050 $0.25 $512.50
1 $950.00 $950.00
TOTAL UNIT I: WATER IMPROVEMENTS $155,112.50
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECll'ICATION DOCUMENTS· DEVELOPER AWARDED PROJECTS
Form Version Seplembcr I, 2015 0042 4J_B1d Proposal_DAP.xls
SECTION 00 42 43
Developer Awarded Projects -PROPOSAL FORM
UNIT PRICE BID
Bidlisl llem
No.
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Projecl llem Infonnalion
Descriplion Specificalion Unil of
Seclion No. Measure
UNIT II: SANITARY SEWER IMPROVEMENTS
3331.4115 8" PVC Sewer Pipe
9999.0002 Connect to Existing Sewer Manhole
3339.1001 4' Manhole
3339.1003 4' Extra Depth Manhole
3331.3101 4" Sewer Service
3301.0002 Post-CCTV Inspection
3301.0101 Manhol� Vacuum Testin-9_
3305.0109 Trench Safety
3331.4116 8" Sewer Pipe, CSS Backfill
3339.0001 Epoxy Manhole Liner (Warren
Enviornmental)
33 31 20
33 39 20
33 39 10
33 39 10
33 31 50
33 01 31
33 01 30 - -33 05 10
33 11 10
33 39 60
LF
EA
EA
VF
EA
LF
EA
LF
LF
VF
00 42 43
DAP -BID PROPOSAL Page 2 of7 Bidder's Application
Bidder's Proposal
Bid Unil Price Bid Value Quanlity
2020 $39.75 $80,295.00
1 $1,500.00 $1,500.00
10 $3,400.00 $34,000.00
36 $185.00 $6,660.00
69 $650.00 $44,850.00
2020 $2.00 $4,040.00
10 $1§0.QQ $1,500.00
2020 $1.00 $2,020.00
50 $30.00 $1,500.00
75 $195.00 $14,625.00
TOTAL UNIT II: SANITARY SEWER IMPROVEMENT! $190,990.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS
Form Version September I, 2015 00 42 4J_Bid Proposal_DAP.xls
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SECTION 00 42 43
Developer Awarded Projects -PROPOSAL FORM
UNIT PRICE BID Bidlist Item No. 1
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45 Project Item lnfonnation Description Specification Unit of Section No. Measure UNIT Ill: DRAINAGE IMPROVEMENTS
3341.0201 21" RCP, Class Ill
3341.0205 24" RCP, Class Ill
3341.0309 36" RCP, Class Ill
3349.5001 1 O' Curb Inlet
3349.0001 4' Storm Junction Box
3305.0109 Trench Safety
9999.0003 Erosion Protection/Control
33 41 10
33 41 10
33 41 10
33 49 20
33 49 10
33 05 10
31 25 00
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LF
LF
LF
EA
EA
LF
LS
00 42 43
DAP -BID PROPOSAL
Page 3 of7
Bidder's Application Bid Quantity 69
186
99
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354
1 Bidder's Proposal Unit Price $55.00
$60.00
$90.00
$3,400.00
$4,500.00
$1.00
$24,550.00
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I Bid Value --
$3,795.00
$11,160.00
$8,910.00
$20,400.00
$4,500.00
$354.00
$24,550.00
TOTAL UNIT Ill: DRAINAGE IMPROVEMENT $73,669.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS
Form Version September I, 2015 00 42 43_Bid Proposal_DAP :,c;ls
SECTION 00 42 43
Developer Awarded Projects -PROPOSAL FORM
UNIT PRICE BID Project Item lnfonnation Bidlist Item Description Specification Unit of No. Section No. Measure UNIT IV: PAVING IMPROVEMENTS
1 3213.0101 6" Cone Pvmt 32 13 13 SY
2 3211.0501 6" Lime Treatment 32 11 29 SY
3 3211.0400 Hydrated Lime 32 11 29 TN
4 3213.0301 4" Cone Sidewalk 32 13 20 SF
5 3213.0501 Barrier Free Ramp, Type R-1 32 13 20 EA
6 3213.0501 Barrier Free Ramp, Type M-2 32 13 20 EA
7 3441.4006 Install Alum Sign Ground Mount 34 41 30 EA
8 9999.0004 Install Alum Sign Prop. Pole Mount 34 41 30 EA
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DAP -BID PROPOSAL
Page4of7
Bidder's Application Bidder's Proposal Bid Unit Price Bid Value Quantity 6595 $38.00 $250,610.00
7054 $3.25 $22,925.50
106 $185.00 $19,610.00
1918 $3.25 $6,233.50
2 $1,200.00 $2,400.00
1 $1,200.00 $1,200.00
2 $550.00 $1,100.00
1 $450.00 $450.00
TOTAL UNIT IV: PAVING IMPROVEMENTS $304,529.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September I, 2015 00 42 43_Bid Proposal_DAP.xls
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SECTION 00 42 43
Developer Awarded Projects -PROPOSAL FORM
UNIT PRICE BID Bidlist Item No. 1
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45 Project Item I nfonnation Description Specification Unit of Section No. Measure UNIT V: STREET LIGHTING IMPROVEMENTS
2605.3015 2" CONDT PVC SCH 80 (T)
3441.3401 6-6-6 Triplex Alum Elec Conductor
3441.3351 Furnish/Install Rdway Ilium TY 11 Pole
3441.3301 Rdwy Ilium Foundation TY 1,2, and 4
3441.1646 Furnish/Install Type 338 Arm
3441.3050 Furnish/Install LED Lighting Fixture (70 watt
ATB0 Cobra Head)
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26 05 33 LF
34 41 20 LF -34 41 20 EA --34 41 20 EA
34 41 20 EA
34 41 20 EA
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00 42 43
DAP -BID PROPOSAL
Page 5 of7
Bidder's Application Bidder's Proposal Bid Unit Price Bid Value Quantity 505 $12.00 $6,060.00
505 $3.00 $1,515.00
7 $2,400.00 $16,800.00
7 $1,200.00 $8,400.00
7 $300.00 $2,100.00
7 $600.00 $4,200.00
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TOTAL UNIT V: STREET LIGHTING IMPROVEMENT! $39,075.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS Form Vcrs10n September I, 2015 00 42 43_81d Proposal_DAP xis
UNIT PRICE BID
Bidlist Item
No.
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SECTION 00 42 43
Developer Awarded Projects • PROPOSAL FORM
Project Item Infonnation
Description Specification Unit of
Section No. Measure
UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS
00 42 43
OAP -BID PROPOSAL
Page 6 of?
Bidder's Application
Bidder's Proposal
Bid Unit Price Bid Value Quantity
TOTAL UNIT VI: TRAFFIC SIGNAL IMPROVEMENn
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS
Form Version September I, 2015 00 42 43_Bid Proposal_DAP.xls
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SECTION 00 42 43
Developer Awarded Projects -PROPOSAL FORM
UNIT PRICE BID Bidlist ltem11 No. Project Item Infonnation Description I Specification Section No. Bid Summary
UNIT I: WATER IMPROVEMENTS
UNIT II: SANITARY SEWER IMPROVEMENTS
UNIT Ill: DRAINAGE IMPROVEMENTS
UNIT IV: PAVING IMPROVEMENTS
UNIT V: STREET LIGHTING IMPROVEMENTS
UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS
-••-- --- -
Contractor agrees to com11lete WORK for FINAL ACCEPTANCE within
CONTRACT commences to run as pro\'ided in the General Conditions,
00 42 43
DAP -BID PROPOSAL
Page 7 of7
Bidder's Application Bidder's Proposal I Unit of I Bid Unit Price I Bid Value Measure Quantity $155,112.50
$190,990.00
$73,669.00
$304,529.00
$39,075.00
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Total Construction Bid $763,375.50
ltltl calendar days after the date when the
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS
Form Version September I, 2015 00 42 4J_B1d Proposal_DAP.xls
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SECTION 00 45 12
00 45 12 DAP PREQUALIFICATION STATEMENT Page I of I
DAP -PREQUALIFICA TION STATEMENT
Each Bidder is required to complete the information below by identifying the prequalified contractors
and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work
Type" box 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 Prequalification
Name Expiration Date
WATER DISTRIBUTION, CONATSER CONSTRUCTION TX, DEVELOPMENT, 12-INCH L.P.4/30/2019
DIAMETER AND SMALLER
SEWER COLLECTION SYSTEM, CONATSER CONSTRUCTION TX, DEVELOPMENT, 12-INCHES AND L.P.4/30/2019
SMALLER
CONCRETE PAVEMENT CONATSER CONSTRUCTION TX, CONSTRUCTION/RECONSTRUCTION 1/1/2019
(< 15,000 SY) L.P.
ROADWAY AND PEDESTRIAN CONATSER CONSTRUCTION TX, 10/27/2019 LIGHTING L.P.
The undersigned hereby certifies that the contractors and/or subcontractors described in the table above
are currently prequalified for the work types listed.
BIDDER:
CONATSER CONSTRUCTION TX, L.P.
5327 WICHITA ST.
FORT WORTH, TX 76119
CITY OF FORT WORTH
BY: BROCK HUGGINS
�I ,--� (Signature)
TITLE: PRESIDENT
DATE:
END OF SECTION
STANDARD CONSTRUCTION PREQUAUFICATION STATEMENT-DEVELOPER AWARDED PROJECTS
Form Version September 1, 2015
00 4S 12_prequalification Statement 201S_DAP
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CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
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SECTION 00 45 26
2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
3 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 100967. Contractor further ce11ifies 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:
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CONATSER CONSTRUCTION TX, L.P. By: BROCK HUGGINS Company
5327 WICHITA ST.
Address
FORT WORTH, TX 76119
City/State/Zip
THE STATE OF TEXAS
COUNTY OF TARRANT
§
§
(Please Print)
Signature: �'11/ '
Title: PRESIDENT (Please Print)
e riuthority, on this day personally appeared
---'-""-L-"-'""-.,..,.,,'-4---1--Y--1'""--\>44-_.___...;:\ ____ , known to me to be the person whose name is subscribed to the fore iw.\l�tr\,r\?�lacknowledged to me that he/she executed the same asthe act and deed of ____ j-J-++_,,l ... � ..... .L-A ...,.U<.O-J1_1 _______ for the purposes and consideration therein expressed and in the capacity therein stated.
GIYEl:ll/>DW MY HAND Al)l,Q SEAL OF OFFICE this \ 1, �h day ofctwuu._ ' 2011
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised April 2, 2014
Highpoint Hill -Phase 3
City Project No. 100967
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SECTION 00 52 43
AGREEMENT
00 52 43 - I
Developer Awarded Project Agreement
Page I of4
4 THIS AGREEMENT, authorized on \Q-2--?,-\?is made by and between the Developer,
5 (BH Development Two, L.P.), authorized to do business in Texas ("Developer") , and
6 CONATSER CONSTRUCTION TX. L.P., authorized to do business in Texas, acting by and
7 through its duly authorized representative, ("Contractor").
8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
9 follows:
IO Article 1. WORK
11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
12 Project identified herein.
13 Article 2. PROJECT
14 The project for which the Work under the Contract Documents may be the whole or only a part is
15 generally described as follows:
16 Paving, Drainage, Street Lights, Water & Sanitary Sewer Improvements
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to serve Highpoint Hill -Phase 3 Proiect No. I 00967 Article 3. CONTRACT TIME
3. I Time is of the essence.
All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
Documents are of the essence to this Contract.
23 3.2 Final Acceptance.
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The Work will be complete for Final Acceptance within I 00 calendar days after the date
when the Contract Time commences to run as provided in Paragraph 2.04 of the Standard
City Conditions of the Construction Contract for Developer A warded Projects.
27 3 .3 Liquidated damages
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Contractor recognizes that time is of the essence of this Agreement and that Developer
will suffer financial loss if the Work is not completed within the times specified in
Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of
the Standard City Conditions of the Construction Contract for Developer Awarded
Projects. The Contractor also recognizes the delays, expense and difficulties involved in
proving in a legal proceeding the actual loss suffered by the Developer if the Work is not
completed on time. Accordingly, instead of requiring any such proof, Contractor agrees
that as liquidated damages for delay (but not as a penalty), Contractor shall pay
Developer Three Hundred Fifty Dollars ($350.00) for each day that expires after the time
specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of
Acceptance.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS
Revised April 2, 2014
Highpoint Hill -Phase 3
City Project No. 100967
00 52 43 - 2
Developer Awarded Project Agreement
39 Article 4. CONTRACT PRICE
Page 2 of 4
40 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract
41 Documents an amount in current funds of Seven Hundred Sixty Three Thousand Three Hundred
42 Seventy Five Dollars and Fifty Cents ($763,375.50)
43 Article 5. CONTRACT DOCUMENTS
44 5.1 CONTENTS:
45 A.The Contract Documents which comprise the entire agreement between Developer and
46 Contractor concerning the Work consist of the following:
47 I.This Agreement.
48 2.Attachments to this Agreement:
49 a.Bid Form (As provided by Developer)
50 I)Proposal Form (OAP Version)
51 2)Prequalification Statement
52 3)State and Federal documents (project specific)
53 b.Insurance ACORD Form(s)
54 c.Payment Bond (OAP Version)
55 d.Performance Bond (OAP Version)
56 e.Maintenance Bond (OAP Version)
57 f.Power of Attorney for the Bonds
58 g.Worker's Compensation Affidavit
59 h.MBE and/or SBE Commitment Form (If required)
60 3.Standard City General Conditions of the Construction Contract for Developer
61 A warded Projects.
62 4.Supplementary Conditions.
63 5.Specifications specifically made a pa1t of the Contract Documents by attachment
64 or, if not attached, as incorporated by reference and described in the Table of
65 Contents of the Project's Contract Documents.
66 6.Drawings.
67 7.Addenda.
68 8.Documentation submitted by Contractor prior to Notice of Award.
69 9.The following which may be delivered or issued after the Effective Date of the
70 Agreement and, if issued, become an incorporated part of the Contract Documents:
71 a.Notice to Proceed.
72 b.Field Orders.
73 c.Change Orders.
74 d.Letter of Final Acceptance.
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CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Revised April 2, 2014
Highpoint Hill -Phase 3
City Project No. /00967
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Article 6. INDEMNIFICATION 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of 4 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 any act, omission or negligence of the city.
Article 7. MISCELLANEOUS
7.1 Terms.
Terms used in this Agreement are defined in Article I of the Standard City Conditions of
the Construction Contract for Developer Awarded Projects.
7 .2 Assignment of Contract.
This Agreement, including all of the Contract Documents may not be assigned by the
Contractor without the advanced express written consent of the Developer.
7.3 Successors and Assigns.
Developer and Contractor each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, in respect to all covenants, agreements and
obligations contained in the Contract Documents.
7.4 Severability.
Any provision or part of the Contract Documents held to be unconstitutional, void or
unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon DEVELOPER and
CONTRACTOR.
7.5 Governing Law and Venue.
This Agreement, including all of the Contract Documents is performable in the State of
Texas. Venue shall be Tarrant County, Texas, or the United States District Coutt for the
Northern District of Texas, Fort Wo1th Division. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS Revised April 2, 2014 Highpoint Hill -Phase 3
City Projec/ No. I 00967
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119 7 .6 Authority to Sign.
00 52 43 - 4
Developer Awarded Project Agreement
Page 4 of 4
120 Contractor shall attach evidence of authority to sign Agreement, if other than duly
121 authorized signatory of the Contractor.
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123 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple
124 counterparts. 125
126 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 127
128
Contractor:
CONATSER CQNSTRl lCIIQN TX I, P.
By:
BROCK HUGGINS
(Printed Name)
Title: PRESIDENT
Company Name: CONATSER
Address: 5327 WICHITA ST.
City/State/Zip: FORT WORTH, TX 76119
Date
CITY OF FORT WORTH
Developer: BH Development Two, L.P. a Texas limited partnership
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By: FM 1187 Management, LLC, a Texas limited
ompany, 1 y:
Interests, Inc., Texas corporation, Manager
(Signature)
ROBERT BARHAM
(Printed Name)
Title: PRES! DENT
Company name: BARHAM INTERESTS, INC
Address: 600 SUMMIT AVE.
City/State/Zip: FORT WORTH, TX 76102
Date
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS
Revised April 2, 2014
Highpoint Hill -Phase 3
City Project No. 100967
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SECTION 00 62 13
PERFORMANCE BOND
00 62 13. I PERFORMANCE BOND
Page I of2
Bond No. 021216 7
4 THESTATEOFTEXAS
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§ KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
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That we, Conatser Construction TX, L.P. known as -------------�-----------'
"Principal" herein and Berkley 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, BH
Development Two, L.P. , authorized to do business in Texas ("Developer") and the City of Fort
Worth, a Texas municipal corporation ("City"), in the penal sum of, Seven Hundred Sixty Three
Thousand, Three Hundred Seventy Fjye and 50/100 Dollars ($_7_6....c3 ..... ,3c....;7....c5c..;...5.:;_0-=--------'),
lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the
payment of which sum well and truly to be made jointly unto the Developer and the City as dual
obligecs, 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 2017-125 ;and
WHEREAS, the Principal has entered into a certain written contract with the Developer awarded
the �ay of � , 2012, which Contract is hereby referred to and made a
part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor
and other accessories defined by law, in the prosecution of the Work, including any Change
Orders, as provided for in said Contract designated as Highpoint Hill -Phase 3.
NOW, THEREFORE, the condition of this obligation is such that if the said Principal
shall faithfully perfonn it obligations under the Contract and shall in all respects duly and
faithfully perform the Work, including Change Orders, under the Contract, according to the plans,
specifications, and contract documents therein referred to, and as well during any period of
extension of the Contract that may be granted on the part oft he Developer and/or City, then this
obligation shall be and become null and void, otherwise to remain in full force and effect.
CITY OF FORT WORTH STANDARD CITY CONDITIONS-DEVELOPER AWARDED PROJECTS Revised January 31, 2012
Highpoint Iii/I -l'hase J
City Project No. /00967
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00 62 13 - 2
PERFORMANCE 13OND
Page 2 of2
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division.
This bond is made and executed in compliance with the provisions of Chapter 2253 of the
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said statue.
IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED
this instrument by duly authorized agents and officers on this the _l�3-�I��-_day of __ _
CUco 'ow" , 20 r:1-,
ATTEST: M�-· (Principal) Sccre\iry
PRINCIPAL: Conatser Construction TX L.P
BY:�1, Sigrrntur
Brock Huggins, President Name and Title
16 17 18 19 20 21 �l JiJ2iw Address: 5327 Wichita St. Ft. Worth TX 76119
26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47
*Note:
SURETY: Berkley Insurance Company
Robbi Morales, Attorney-in-fact Name and Title
Address: 2711 N. Haskell Ave., Suite 800 Dallas, TX 75204
Telephone Number: 214/989-0000
If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
CITY or FORT WORTH 1/ighpoinl I/ill -/'hose 3
Clry Project No. 100967 STANDARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised January 31, 2012
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SECTION 00 62 14
PAYMENT BOND
00 62 14 - I PAYMENT OOND
Page I of2
Bond No. 0212167
THE ST ATE OF TEXAS
COUNTY OFT ARRANT
§
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KNOW ALL BY THESE PRESENTS:
That we, Conatser Constru ction TX, L.P. known as
"Principal" herein, and ___ B _er_k_le__.y_l_n_su_r_a _n_ce_C _o_m�p_a_n�y _____________ _,, a
corporate surety ( or 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, BH Development Two, L.P. , authorized to do business in Texas "(Developer"), and
the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum Seven Hu ndred Sixty Th ree Thou sand, of Three Hundred Seventy Five and 501100---------------Dollars ($ 76 3 ,375 .5 0 ).
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 joint ly unto the Developer and the City as dual
obligees, we bind ourselves, our heirs, executors, administ rators, 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 2017-125 ;and
WHEREAS, Principal has entered into a certain written Contract with Developer,
awarded the 2-''y<J day of M� . 20fl_, which Contract is hereby
referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all
materials, equipment, labor and other accessories as defined by law, in. the prosecution of the
Work as provided for in said Contract and designated as Highpoint Hill -Phase 3.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
Principal shall pay all monies owing to any (and nil) payment bond beneficiary (as defined in
Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
the Contract, then this obligation shall be and become null and void; otherwise to remain in full
force and effect.
CITY Or r:oRT WORTI I STANDARD CITY CONDITIONS -DEVELOPER AW ARDl;D PROJECTS Revised Jnnunry 31, 2012
Hlghpo/111 HIii - Phase 3
City Project No. /00967
00 62 14 - 2
l'A YMl:NT DOND
Page 2 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 accordance with the provisions of said statute.
4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
5 this instrument by duly authorized agents and officers on this the 2-O ,J... day of
6
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ATTEST:
(Principaijse; ary
ATTEST:
PRINCIPAL:
Conatser Construction TX L.P.
BY: A,,//1
'1'
1 •
Signature
Brock Huggins, President
Name and Title
Address: 5327 Wichita St.
Ft. Worth, TX 76119
SURETY:
Berkley Insurance Company
BY: r:·;Z,44� ·?v, �/
Signature
Robbi Morales, Attorney-in-fact
Name and Title
Address: 2711 N. Haskell Ave., Suite 800
Dallas, TX 75204
Telephone Number: 214/989-0000
8
9 Note: If signed by an officer of the Surety, there must be on file a certified extract from the
IO 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 WORT! I
STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS
Revise ti Jnnunry 3 I, 2012
I ligltpo/11I / Iii/ -/'/,ase 3 City Project No. /00967
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THE ST ATE OF TEXAS
COUNTY OFT ARRANT
SECTION 00 6219 MAINTENANCE BOND
00 62 19- IMAINTENANCE BOND
Pngc I ofJ
Bond No. 0212167
§ § § KNOW ALL BY THESE PRESENTS:
That we Conatser Construction TX L.P. known as _______ ....,;,,,;_..,;:_.c,..;.,;,,;;,,,;,;,,,,;;;,.;;;,,;,;...:;,,;,,,;_:...;..,;.J-=-:.:.....:.... _______ __, "Principal" herein and __ B _er_k_le..J.y_l....,;n..:..suc..cr...c.a....,;n-=-cec:.....,;:C�o"'"'m""'p:;,,,;:ac..:.n:.iy _______ __,, a corporate surety
10 (sureties, if more than one) duly authorized to do business in the State ofTexas, known as
11 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, BH
12 Development Two, L.P. authorized to do business in Texas ("Developer") and the City of Fort
13
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Worth, a Texas municipal corporation ("City"), in the sum Seven Hundred Sixty Three Thousand of Three Hundred Seventy Five and 50/100-------------Dollars ($_7_6_3 ___ ,3_7_5 _.5_0 _____ __,),
15 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment
I 6 of which sum well and truly be made jointly unto the Developer and the City as dual obligees and
17 their successors, we bin d ourselves, our heirs, executors, administrators, successors and assigns,
18 jointly and severally, firmly by these 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 Number20l7-l25; and
23 WHEREAS, the Principal has entered into a certain written contract with the Developer
24 awarded the 2,-3Jday of o-vfo&:Y-:, 20.12, which Contract is
25 hereby referred to and a made part hereof for all purposes as if fully set forth hereii1, 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 Highpoint Hill -Phase 3; and
29
30 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
31 accordance with the plans, specifications and Contract Documents that the Work is and will
32 remain free from defects in materials or workmanship for and during the period of two (2) years
33 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and
34
CITY or FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTSRevised Jnnuary JI. 2012
/lighpoinf I fl/I -Phase 3
City Project No. /00967
00 62 19-2
MAINTENANCE BOND
Pngc 2of3
WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
2 upon receiving notice from the Developer and/or City of the need thereof at any time within the
3 Maintenance Period.
4
5 NOW THEREFORE, the condition of this obligation is such that if Principal shall
6 remedy any defective Work, for which timely notice was provided by Developer or City, to a
7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to
8 remain in full force and effect.
9
10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely
11 noticed defective Work, it is agreed that the Developer or City may cause any and all such
12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne
13 by the Principal and the Surety under this Maintenance Bond; and
14
15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
17 Worth Division; and
18
19 PROVIDED FURTHER, that this obligation shall be continuous in nature and
20 successive recoveries may be had hereon for successive breaches.
21
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CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER A \V ARD ED PROJECTS
Revised Jnnuury 31, 2012
Jlighpo/111 HIii - Phase 3
City Project No. 100967
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0062 19-3
MAINTENANCE BOND
Page 3 of3
IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
instrument by duly authorized agents and officers on this the Z 3r/ day of _____ _
{T(,,-f;-o� , 20./1_.
ATTEST:
J..pr (Principal) Sura
tness as to Principal
PRINCIPAL: Conatser Construction TX, L.P.
BY: �
l!!/IJ
d •_'s/gnatur�
Brock Huggins, President Name and Title
Address: 5327 Wichita St. Ft. Worth TX 76119
SURETY: Berkley Insurance Company
BY:Q M.td✓·zn m&&-4/Signature
Robbi Morales, Attorney-in-fact Name and Title
Address: 2711 N. Haskell Ave., Suite 800 Dallas, TX 75204
Telephone Number: 214/989-0000
*Nole: 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. If Surety's physical address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
CITY OF FORT WORTH STANDARD CITY CONDITIONS-DEVELOPER AWARDED PROJECTS Revised January 31.2012
llighpoll1t Iii/I -Phase 3
City Projcc/ No. /00967
POWER OF ATTORNEY
BERKLEY INSURANCE COMP ANY WILMINGTON, DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
-o KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly
,§ organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted
� ..::.: and appointed, and does by these presents make, constitute and appoint: Ricardo J. Reyna; Don E. Comell; Vena DeLene� i:: -o ·-Mars/tall; Sopltinie Hunter,· Robbi Morales; Kelly A. Westbrook,· or Tina McE111a11 of Aon Risk Services Soutltwest, Inc. of ro V v ;:1 Dallas, TX its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal,i � acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no
"' v single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds ] � had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own � E proper persons . . � --i:: V ;::l �
I� � 0 V > ...."' i::·-0>-,'-' V v, E i:: 0 -� .g t:<+--=0 !::t =� ·-0 i:: 0. -�� �.s:::: c.Jf-i;: . ·c: 0 � V >
§]..c: roe �o0. ·-� E .... ro i:: � V • 6 t:: g ·;:: 0 0. 0 6 "'··-"O s i:: <+-- ;::l o ei:: oJ) 0� ·,= ge "° 2 V - ..c:� f-0 i:: "O 0 � 'B � ;::l .D -0 6e V 0. "' V ·-
i-. E 0 0 � t:: ·;:: 0 :::, .D ..C: V � -:5:s:l -i:: ro ;:1 _ 2� < � I o c., -� 7 u .;;;� � � � -5
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010:
RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief
Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant
Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to
execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the
corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such
attorney-in-fact and revoke any power of attorney previously granted; and further
RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, unde1takings, recognizances, or
other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner
and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or
other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as
though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF, the Comp�ny has caused these presents to be signed and attested by its appropriate officers and its
corporate seal hereunto affixed thi�day ofJ}.d!.<.U�=---=-=• 2016.
(Seal)
Ira S. Lede1man
WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER.
STA TE OF CONNECTICUT)
) ss: COUNTY OF FAIRFIELD ) ..J I •
Sworn to before me, a Notary Public in the State of Connecticut, this --1-z' day o� , 2016, by Ira S. Lederman and
Jeffrey M. Hafter who are sworn to me to be the Executive Vice President and Secretary, and 1e Senior Vice President,
respectively, of Berkley Insurance Company.MARI AC. RUNDBAl<EN NOTARY PUBLIC MY COMMISSION EXPIRES Notary Public, State of Connecticut APRIL 30, 2019 CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given und" my hand ond seal of tho Company, this� d,y of C'J:tk-o \afK 'il:Q \ !) , �
(Seal) Vine��
_ _,_.'-He------
Please verify the authenticity of the instrun1ent attached to this Power
by:
Toll-Free Telephone: (800) 456-5486; or
Electronic Mail: BSGinquiry@]:,erkleysurety.com
Any written notices, inquiries, claims or demands to the Surety on the bond
attached to this Power should be directed to:
Berkley Surety Group
412 Mount Kemble Ave.
Suite 3 I0N
Morristown, NJ 07960
Attention: Surety Claims Department
Or
Email: BSGClaim@berkleysurety.com
Please include with all communications the bond number and the name of the
principal on the bond. Where a claim is being asse1ied, please set forth generally
the basis of the claim. In the case of a payment or performance bond, please also
identify the project to which the bond pertains.
Berkley Surety Group is an operating unit of W.R. Berkley Corporation that
underwrites surety business on behalf of Berkley Insurance Company, Berkley
Regional Insurance Company and Carolina Casualty Insurance Company.
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IMPORTANT NOTICE
To obtain information or make a complaint:
You may call Berkley Surety Group, LLC and its affiliates by
telephone for information or to make a complaint:
BERKLEY SURETY GROUP, LLC
Please send all notices of claim on this bond to:
. Berkley Surety Group, LLC
•(866) 768-3534
412 Mount Kemble Avenue, Suite 310N
Morristown, NJ 07960
Attn: Surety Claims Department
You may contact the Texas Department of Insurance to obtain
information on companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P.0. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim
you should contact your agent or Berkley Surety Group, LLC first. If
the dispute is not resolved, you may contact the Texas Department of
Insurance.
ATTACH THIS NOTICE TO YOUR BOND:
•This notice is for information only and does not become a part or
condition of the attached document and is given to comply with Texas
legal and regulatory requirements.
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CITY OF FORT WORTH
STANDARD CITY CONDITIONS
OF THE CONSTRUCTION CONTRACT
FOR DEVELOPER AW ARD ED PROJECTS
STANDARD CITY CONDITIONS -DEVELOPER AW ARD ED PROJECTS
Revised: January 10, 2013
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STANDARD CITY CONDITIONS OF THE
CONSTRUCTION CONTRACT
FOR DEVELOPER AW ARD ED PROJECTS
TABLE OF CONTENTS
Page
Article 1 -Definitions and Terminology .......................................................................................................... 1
1.01 Defined Terms ............................................................................................................................... 1
( l 1.02 Terminology .................................................................................................................................. 5
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Article 2 -Preliminary Matters ......................................................................................................................... 6
2.01 Before Starting Construction ........................................................................................................ 6
2.02 Preconstruction Conference .......................................................................................................... 6
2.03 Public Meeting .............................................................................................................................. 6
Article 3 -Contract Documents and Amending ............................................................................................... 6
3.01 Reference Standards ..................................................................................................................... 6
3.02 Amending and Supplementing Contract Documents .................................................................. 6
Article 4 -Bonds and Insurance ....................................................................................................................... 7
4.01 Licensed Sureties and Insurers ..................................................................................................... 7
4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7
4.03 Certificates of Insurance ............................................................................................................... 7
4.04 Contractor's Insurance .................................................................................................................. 9
4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12
Article 5 -Contractor's Responsibilities ........................................................................................................ 12
5.01 Supervision and Superintendent ................................................................................................. 12
5.02 Labor; Working Hours ................................................................................................................ 13
5.03 Services, Materials, and Equipment.. ......................................................................................... 13
5.04 Project Schedule .......................................................................................................................... 14
5.05 Substitutes and "Or-Equals" ....................................................................................................... 14
5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16
5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16
5.08 Wage Rates .................................................................................................................................. 18
5.09 Patent Fees and Royalties ........................................................................................................... 19
5 .10 Laws and Regulations ................................................................................................................. 19
5.11 Use of Site and Other Areas ....................................................................................................... 19
5 .12 Record Documents ...................................................................................................................... 20
5 .13 Safety and Protection .................................................................................................................. 21
5.14 Safety Representative ................................................................................................................. 21
5.15 Hazard Communication Programs ............................................................................................. 22
5 .16 Submittals .................................................................................................................................... 22
5.17 Contractor's General Warranty and Guarantee .......................................................................... 23
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS
Revised: January I 0, 2013
5 .18 Indemnification ........................................................................................................................... 24
5 .19 Delegation of Professional Design Services .............................................................................. 24
5.20 Right to Audit: ............................................................................................................................ 25
5.21 Nondiscrimination ....................................................................................................................... 25
Alticle 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
Alticle 8 -City's Observation Status During Constrnction ........................................................................... 27
8.01 City's Project Representative ..................................................................................................... 27
8.02 Authorized Variations in Work .................................................................................................. 27
8.03 Rejecting Defective Work .......................................................................................................... 27
8.04 Determinations for Work Performed .......................................................................................... 28
Article 9 -Changes in the Work ..................................................................................................................... 28
9.01 Authorized Changes in the Work ............................................................................................... 28
9.02 Notification to Surety .................................................................................................................. 28
Article 10 -Change of Contract Price; Change of Contract Time ................................................................ 28
10.01 Change of Contract Price ............................................................................................................ 28
10.02 Change of Contract Time ............................................................................................................ 28
10.03 Delays .......................................................................................................................................... 28
Article 11 -Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29
11.01 Notice of Defects ........................................................................................................................ 29
11.02 Access to Work ........................................................................................................................... 29
11.03 Tests and Inspections .................................................................................................................. 29
11.04 Uncovering Work ....................................................................................................................... 30
11.05 City May Stop the Work ............................................................................................................. 30
11.06 Correction or Removal of Defective Work ................................................................................ 30
11.07 Correction Period ........................................................................................................................ 30
11.08 City May Correct Defective Work ............................................................................................. 31
Article 12 -Completion .................................................................................................................................. 32
12.01 Contractor's WatTanty of Title ................................................................................................... 32
12.02 Partial Utilization ........................................................................................................................ 32
12.03 Final Inspection ........................................................................................................................... 32
12.04 Final Acceptance ......................................................................................................................... 33
Alticle 13-Suspension ofWork .................................................................................................................... 33
13.01 City May Suspend Work ............................................................................................................ 33
Article 14 -Miscellaneous .............................................................................................................................. 34
14.01 Giving Notice .............................................................................................................................. 34
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: January I 0, 20 I 3
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14.02 Computation 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 AW ARD ED PROJECTS
Revised: January IO, 2013
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page I of35
ARTICLE 1 -DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A.Wherever used in these General Conditions or in other Contract Documents, the terms listed
below have the meanings indicated which are applicable to both the singular and plural thereof,
and words denoting gender shall include the masculine, feminine and neuter. Said terms are
generally capitalized or written in italics, but not always. When used in a context consistent with
the definition of a listed-defined term, the term shall have a meaning as defined below whether
capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
l.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 Sewer, Street, Storm Drain, Street Light, and Street Signs.
A CF A may include private facilities within the right-of way dedicated as private right-of
way or easement on a recorded plat.
8.Contract-The entire and integrated written document incorporating the Contract
Documents between the Developer, Contractor, and/or City concerning the Work. The
Contract supersedes prior negotiations, representations, or agreements, whether written or
oral.
9.Contract Documents-Those items that make up the contract and which must include the
Agreement, and it's attachments such as standard construction specifications, standard City
Conditions, other general conditions of the Developer, including:
a.An Agreement
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: January 10, 2013
00 73 IO-2
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
b.Attachments to the Agreement1.Bid Form11.Vendor Compliance with State Law Non-Resident Bidder
m.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 Bonds1.Workers Compensation Affidavit
J.MWBE Commitment Fmm( If required by City)
k.General Conditions
1.Supplementaiy Conditions
m.The Standard City Conditions
Page 2 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 Document.s
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 Documents1.Notice to Proceed11.Field Orders
m.Change Orders
iv.Letters of Final Acceptance
r.Approved Submittals, other Contractor submittals, and the reports and drawings of
subsurface and physical conditions are not Contract Documents.
10.Contractor-The individual or entity with whom Developer has entered into the Agreement.
11.Day or day -A day, unless otherwise defined, shall mean a Calendar Day.
12.Developer -An individual or entity that desires to make certain improvements within the
City of Fort Worth
13.Drawings-That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be pe1formed by
Contractor. Submittals are not Drawings as so defined.
14.Engineer-The licensed professional engineer or engineering firm registered in the State of
Texas performing professional services for the Developer.
15.Final Acceptance -The written notice given by the City to the Developer and/or Contractor
that the Work specified in the Contract Documents has been completed to the satisfaction of
the City.
CITY OF FORT WORTH
ST AND ARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: January I 0, 2013
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0073 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 acijustment 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 acijustment 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 pe1formed 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 A WARDED PROJECTS
Revised: January I 0, 2013
I
00 73 10-4
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 4 of 35
30.Schedule of Submittals-A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled pe,formance 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 pe,formed, 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 incmporated by reference as indicated in the Table of Contents
(Division 00 00 00) of each Project.
33.Standard City Conditions -That part of the Contract Documents setting forth requirements
of the City.
34.Subcontractor-An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
35.Submittals-All drawings, diagrams, illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for Contractor and submitted by
Contractor to illustrate some portion of the Work.
36.Superintendent-The representative of the Contractor who is available at all times and able
to receive instructions from the City and/or Developer and to act for the Contractor.
37.Supplementa,y Conditions-That part of the Contract Documents which amends or
supplements the General Conditions.
38.Supplier-A manufacturer, fabricator, supplier, distributor, materialman, or vendor having
a direct contract with Contractor or with any Subcontractor to furnish materials or
equipment to be incorporated in the Work by Contractor or Subcontractor.
39.Underground Facilities-All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any
encasements containing such facilities, including but not limited to, those that convey
electricity, gases, steam, liquid petroleum products, telephone or other communications,
cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or
other control systems.
40.Weekend Working Hours-Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday,
Sunday or legal holiday, as approved in advance by the City.
CITY OF FORT WORTH
ST AN DARO CITY CONDITIONS -DEVELOPER AW ARD ED PROJECTS
Revised: January 10, 2013
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00 73 10-5
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 necessa,y to produce such construction
including any Participating Change Order, Non-Participating Change Order, or Field
Order, and fi1rnishing, installing, and incorporating all materials and equipment into such
construction, all as required by the Contract Documents.
42.Working Day -A working day is defined as a day, not including Saturdays, Sundays, or
legal holidays authorized by the City for contract pwposes, in which weather or other
conditions not under the control of the Contractor will permit the performance of the
principal unit of work underway for a continuous period of not less than 7 hours between 7
a.m. and 6 p.m.
1.02 Terminology
A.The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B.Defective:
1.The word "defective," when modifying the word "Work," refers to Work that 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.
C.Furnish, Install, Pe,form, Provide:
1.The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or
the word "Supply," or any combination or similar directive or usage thereof, shall mean
furnishing and incorporating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
D.Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: January I 0, 2013
00 73 10-6
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 6 of 35
ARTICLE 2 -PRELIMINARY MATTERS
2.01 Before Starting Construction
Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to staiting
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, paitners, employees, agents, consultants, or subcontractors, any duty or
authority to supervise or direct the performance of the Work or any duty or authority to
undertake responsibility inconsistent with the provisions of the Contract Documents.
3.02 Amending and Supplementing Contract Documents
A.The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by a Participating Change Order or a
Non-Participating Change Order.
B.The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work not involving a change in Contract Price or Contract Time, may be
authorized, by one or more of the following ways:
1.A Field Order;
CITY OF FORT WORTH
ST AND ARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
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00 73 10-7
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 7 of 35
1.City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or
2.City's written interpretation or clarification.
ARTICLE 4 -BONDS AND INSURANCE
4.01 Licensed Sureties and Insurers
All bonds and insurance required by the Contract Documents to be purchased and maintained by
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Texas to issue bonds or insurance policies for the limits and coverage so required.
Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided Section 4.04.
4.02 Performance, Payment, and Maintenance Bonds
A.Contractor shall furnish performance and payment bonds in the name of Developer and City, in
accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount
equal to the Contract Price as security for the faithful performance and payment of all of
Contractor's obligations under the Contract Documents.
B.Contractor shall furnish maintenance bonds in the name of Developer and City in an amount
equal to the Contract Price as security to protect the City against any defects in any portion of the
Work described in the Contract Documents. Maintenance bonds shall remain in effect for two
(2)years after the date of Final Acceptance by the City.
C.All bonds shall be in the f01m prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list
of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and
as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed
by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney
which shall show that it is effective on the date the agent or attorney-in-fact signed each bond.
D.If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in the State of Texas or it ceases to meet the requirements of
Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event
giving rise to such notification, provide another bond and surety, both of which shall comply
with the requirements of Paragraphs 4.01 and 4.02.C.
4.03 Certificates of Insurance
Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee
identified in these Standard City Conditions ce1iificates 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 A WARDED PROJECTS
Revised: January I 0, 2013
00 73 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 form of the
pnmary coverage.
7.Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If
coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is claims-made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Contract and for three (3) years following Final
Acceptance provided under the Contract Documents or for the warranty period, whichever is
longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
8.Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
9.Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
CITY OF FORT WORTH
ST AND ARD CITY CONDITIONS -DEVELOPER AW ARD ED PROJECTS
Revised: January I 0, 2013
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 9 of 35
lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups, must also be approved by City.
10.Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a
first-dollar basis, must be acceptable to and approved by the City.
11.City, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverage's and their limits when deemed
necessary and prudent by the City based upon changes in statutory law, court decision or the
claims history of the industry as well as of the contracting party to the City. The City shall
be required to provide prior notice of 90 days, and the insurance adjustments shall be
incorporated into the Work by Change Order.
12.City shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto and may make any reasonable requests for deletion or revision or
modifications of particular policy terms, conditions, limitations, or exclusions necessary to
conform the policy and endorsements to the requirements of the Contract. Deletions,
revisions, or modifications shall not be required where policy provisions are established by
law or regulations binding upon either party or the underwriter on any such policies.
13.City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
4.04 Contractor's Insurance
A.Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such
insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers'
Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for
Employers' Liability as is appropriate for the Work being performed and as will provide
protection from claims set forth below which may arise out of or result from Contractor's
performance of the Work and Contractor's other obligations under the Contract Documents,
whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly
or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any of them may be liable:
1.claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2.claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees.
3.The limits of liability for the insurance shall provide the following coverages for not less
than the following amounts or greater where required by Laws and Regulations
a.Statutory limits
b.Employer's liability
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1)$100,000
2)$100,000
3)$500,000
each accident/occurrence
Disease -each employee
Disease -policy limit
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B.Commercial General Liability. Coverage shall include but not be limited to covering liability
(bodily injury or property damage) arising from: premises/operations, independent contractors,
products/completed operations, personal injury, and liability under an insured contract. Insurance
shall be provided on an occurrence basis, and as comprehensive as the current Insurance
Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to
any other insurance or self-insurance programs afforded to the City. The Commercial General
Liability policy, shall have no exclusions by endorsements that would alter of nullify
premises/operations, products/completed operations, contractual, personal injury, or adve1tising
injury, which are normally contained with the policy, unless the City approves such exclusions
in writing.
1.For construction projects that present a substantial completed operation exposure, the City
may require the contractor to maintain completed operations coverage for a minimum of no
less than three (3) years following the completion of the project
2.Contractor's Liability Insurance under this Section which shall be on a per project basis
covering the Contractor with minimum limits of:
a.$1,000,000 each occurrence
b.$2,000,000 aggregate limit
3.The policy must have an endorsement (Amendment -Aggregate Limits of Insurance)
making the General Aggregate Limits apply separately to each job site.
4.The Commercial General Liability Insurance policies shall provide "X", "C", and "U"
coverage's. Verification of such coverage must be shown in the Remarks Article of the
Certificate of Insurance.
C.Automobile Liability. A commercial business auto policy shall provide coverage on "any auto",
defined as autos owned, hired and non-owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone
for whose acts any of them may be liable.
1.Automobile Liability, Contractor's Liability Insurance under this Section, which shall be in
an amount not less than the following amounts:
a.Automobile Liability - a commercial business policy shall provide coverage on "Any
Auto", defined as autos owned, hired and non-owned.
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1)$1,000,000 each accident on a combined single limit basis. Split limits are
acceptable if limits are at least:
2)$250,000
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 construction activities will require its employees, agents, subcontractors,
equipment, and material deliveries to cross railroad properties and tracks owned and
operated by: _N_O_N_E ______________________ _Write the name of the railroad company. (If none. then write none)
2.The Contractor shall conduct its operations on railroad properties in such a manner as not to
interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use
or operation of its/their trains or other property. Such operations on railroad properties may
require that Contractor to execute a "Right of Entry Agreement" with the particular railroad
company or companies involved, and to this end the Contractor should satisfy itself as to the
requirements of each railroad company and be prepared to execute the right-of-entry (if any)
required by a railroad company. The requirements specified herein likewise relate to the
Contractor's use of private and/or construction access roads crossing said railroad company's
properties.
3.The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions
shall provide coverage for not less than the following amounts, issued by companies
satisfactory to the City and to the Railroad Company for a term that continues for so long as
the Contractor's operations and work cross, occupy, or touch railroad property:
a.General Aggregate: NONE------------------Enter limits provided by Railroad Company (If none. write none)
b.Each Occurrence:: NONE------------------Enter limits provided by Railroad Company (If none. write none)
4.With respect to the above outlined insurance requirements, the following shall govern:
a.Where a single railroad company is involved, the Contractor shall provide one insurance
policy in the name of the railroad company. However, if more than one grade separation
or at-grade crossing is affected by the Project at entirely separate locations on the line or
lines of the same railroad company, separate coverage may be required, each in the
amount stated above.
b.Where more than one railroad company is operating on the same right-of-way or where
several railroad companies are involved and operated on their own separate rights-of-
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way, the Contractor may be required to provide separate insurance policies in the name
of each railroad company.
c.If, in addition to a grade separation or an at-grade crossing, other work or activity is
proposed on a railroad company's right-of-way at a location entirely separate from the
grade separation or at-grade crossing, insurance coverage for this work must be included
in the policy covering the grade separation.
d.If no grade separation is involved but other work is proposed on a railroad company's
right-of-way, all such other work may be covered in a single policy for that railroad, even
though the work may be at two or more separate locations.
5.No work or activities on a railroad company's property to be performed by the Contractor
shall be commenced until the Contractor has furnished the City with an original policy or
policies of the insurance for each railroad company named, as required above. All such
insurance must be approved by the City and each affected Railroad Company prior to the
Contractor's beginning work.
6.The insurance specified above must be carried until all Work to be performed on the railroad
right-of-way has been completed and the grade crossing, if any, is no longer used by the
Contractor. In addition, insurance must be carried during all maintenance and/or repair work
performed in the railroad right-of-way. Such insurance must name the railroad company as
the insured, together with any tenant or lessee of the railroad company operating over tracks
involved in the Project.
E.Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation
or other loss of insurance coverage. Contractor shall stop work until replacement insurance has
been procured. There shall be no time credit for days not worked pursuant to this section.
4.05 Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the Contractor in accordance with Atticle 5 on the basis
of non-conformance with the Contract Documents, the Developer and City shall so notify the
Contractor in writing within 10 Business Days after receipt of the certificates ( or other evidence
requested). Contractor shall provide to the City such additional information in respect of insurance
provided as the Developer or City may reasonably request. If Contractor does not purchase or
maintain all of the bonds and insurance required by the Contract Documents, the Developer or City
shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure
to maintain prior to any change in the required coverage.
ARTICLE 5 -CONTRACTOR'S RESPONSIBILITIES
5.01 Supervision and Superintendent
A.Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expe1tise as may be necessary to perform the
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Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction.
B.At all times during the progress of the Work, Contractor shall assign a competent, English
speaking, Superintendent who shall not be replaced without written notice to City. The
Superintendent will be Contractor's representative at the Site and shall have authority to act on
behalf of Contractor. All communication given to or received from the Superintendent shall be
binding on Contractor.
C.Contractor shall notify the City 24 hours pnor to moving areas during the sequence of
construction.
5.02 Labor; Working Hours
A.Contractor shall provide competent, suitably qualified personnel to perf01m construction as
required by the Contract Documents. Contractor shall at all times maintain good discipline and
order at the Site.
B.Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. Contractor will not permit the
performance of Work beyond Regular Working Hours or for Weekend Working Hours without
City's written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication) to perform Work:
1.for beyond Regular Working Hours request must be made by noon at least two (2) Business
Days prior
2.for Weekend Working Hours request must be made by noon of the preceding Thursday
3.for legal holidays request must be made by noon two Business Days prior to the legal
holiday.
5.03 Services, Materials, and Equipment
A.Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transp011ation, 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 run to the benefit
of City. If required by City, Contractor shall furnish satisfactory evidence (including rep011s of
required tests) as to the source, kind, and quality of materials and equipment.
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C.All materials and equipment to be incorporated into the Work shall be stored, applied, installed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instrnctions 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 pai1icipation shall be made by pai1icipating 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.
I."Or-Equal" Items: If in City's sole discretion an item of material or equipment proposed by
Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an "or-equal" item, in which
case review and approval of the proposed item may, in City's sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 5.05.A. l, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a.City determines that:
1)it is at least equal in materials of constrnction, quality, durability, appearance,
strength, and design characteristics;
2)it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3)it has a proven record of performance and availability of responsive service; and
b.Contractor 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
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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 0 1 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;
m.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;
n1. 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; and
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4)shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
B.Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by City. Contractor shall submit sufficient information to allow City, in
City's sole discretion, to determine that the substitute proposed is equivalent to that expressly
called for by the Contract Documents. Contractor shall make written application to City for
review in the same manner as those provided in Paragraph 5.05.A.2.
C.City's Evaluation: City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require
Contractor to furnish additional data about the proposed substitute. City will be the sole judge of
acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an "or-equal." City will advise Contractor in writing of its determination.
D.Special Guarantee: City may require Contractor to furnish at Contractor's expense a special
performance guarantee, wananty, or other surety with respect to any substitute. Contractor shall
indemnify and hold harmless City and anyone directly or indirectly employed by them from and
against any and all claims, damages, losses and expenses (including attorneys fees) arising out
of the use of substituted materials or equipment.
E.City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or
submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City
approves a substitute so proposed or submitted by Contractor, Contractor may be required to
reimburse City for evaluating each such proposed substitute. Contractor may also be required to
reimburse City for the charges for making changes in the Contract Documents.
F.Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or
"or-equal" at Contractor's expense.
G.Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute
shall be incorporated to the Contract by Paiticipating 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 Ente,prise Compliance:
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D Required for this Contract.
(Check !his box iflhcrc is any Cily Participalion)
� Not Required for this Contract.
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It is City policy to ensure the full and equitable participation by Minority and Women Business
Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the
Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent
of the City's MWBE Ordinance (as amended) by the following:
1.Contractor shall, upon request by City, provide complete and accurate information regarding
actual work performed by a MWBE on the Contract and payment therefor.
2.Contractor will not make additions, deletions, or substitutions of accepted MWBE without
written consent of the City. Any unjustified change or deletion shall be a material breach of
Contract and may result in debarment in accordance with the procedures outlined in the
Ordinance.
3.Contractor shall, upon request by City, allow an audit and/or examination of any books,
records, or files in the possession of the Contractor that will substantiate the actual work
performed by an MWBE. Material misrepresentation of any nature will be grounds for
termination of the Contract. Any such misrepresentation may be grounds for disqualification
of Contractor to bid on future contracts with the City for a period of not less than three years.
B.Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work just as
Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract
Documents:
1.shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between City and any such Subcontractor, Supplier or other
individual or entity; nor
2.shall create any obligation on the part of City to pay or to see to the payment of any moneys
due any such Subcontractor, Supplier, or other individual or entity except as may otherwise
be required by Laws and Regulations.
C.Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with Contractor.
D.All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing
any of the Work shall communicate with City through Contractor.
E.All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract
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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.
lliJ 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 dete1mined 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 patt of the day that the worker is paid less than the prevailing wage rates
stipulated in these contract documents. This penalty shall be retained by the City to offset its
administrative costs, pursuant to Texas Government Code 2258.023.
C.Complaints of Violations and City Determination of Good Cause. On receipt of information,
including a complaint by a worker, concerning an alleged violation of 2258.023, Texas
Government Code, by a Contractor or Subcontractor, the City shall make an initial
determination, before the 31st day after the date the City receives the information, as to whether
good cause exists to believe that the violation occurred. The City shall notify in writing the
Contractor or Subcontractor and any affected worker of its initial determination. Upon the
City's determination that there is good cause to believe the Contractor or Subcontractor has
violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or
claimants as the difference between wages paid and wages due under the prevailing wage rates,
such amounts being subtracted from successive progress payments pending a final determination
of the violation.
D.Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of
Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected
worker, shall be submitted to binding arbitration in accordance with the Texas General
Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any
affected worker does not resolve the issue by agreement before the 15th day after the date the
City makes its initial determination pursuant to Paragraph C above. If the persons required to
arbitrate under this section do not agree on an arbitrator before the 11th day after the date that
arbitration is required, a district court shall appoint an arbitrator on the petition of any of the
persons. The City is not a party in the arbitration. The decision and award of the arbitrator is
final and binding on all patties and may be enforced in any court of competent jurisdiction.
E.Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3)
years following the date of acceptance of the work, maintain records that show (i) the name and
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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 inc01poration in the Work of any invention, design, process, product, or device not specified
in the Contract Documents.
5.10 Laws and Regulations
A.Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's
compliance with any Laws or Regulations.
B.If Contractor performs any Work knowing or having reason to know that it is contrary to Laws
or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
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
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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
canying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work, the City may require the Contractor to finish the
section on which operations are in progress before work is commenced on any additional
area of the Site.
3.Should any Damage Claim be made by any such owner or occupant because of the
performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim.
4.Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and
against all claims, costs, losses, and damages arising out of or relating to any claim or
action, legal or equitable, brought by any such owner or occupant against City.
B.Removal of Debris During Performance of the Work: During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C.Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the
clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the
Contractor fails to conect the unsatisfactory procedure, the City may take such direct action as
the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the
written notice (by letter or electronic communication), and shall be entitled to recover its cost in
doing so. The City may withhold Final Acceptance until clean-up is complete and cost are
recovered.
D.Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and
the Work and make it ready for utilization by City or adjacent property owner. At the completion
of the Work Contractor shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E.Loading Structures: Contractor shall not load nor permit any pait 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 (I) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated
to show changes made during construction. These record documents together with all approved
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Samples and a counterpaii 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, maintammg 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, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of construction.
B.Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or prope1iy, 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 refe1Ted 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
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5.15 Hazard Communication Programs
Contractor shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or
among employers in accordance with Laws or Regulations.
5 .16 Submittals
A.Contractor shall submit required Submittals to City for review and acceptance. Each submittal
will be identified as required by City.
1.Submit number of copies specified in the General Requirements.
2.Data shown on the Submittals will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and similar data to show City the
services, materials, and equipment Contractor proposes to provide and to enable City to
review the information for the limited purposes required by Paragraph 5.16.C.
3.Submittals submitted as herein provided by Contractor and reviewed by City for
conformance with the design concept shall be executed in conformity with the Contract
Documents unless otherwise required by City.
4.When Submittals are submitted for the purpose of showing the installation in greater detail,
their review shall not excuse Contractor from requirements shown on the Drawings and
Specifications.
5.For-Information-Only submittals upon which the City is not expected to conduct review or
take responsive action may be so identified in the Contract Documents.
6.Submit required number of Samples specified in the Specifications.
7.Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City to review the
submittal for the limited purposes required by Paragraph 5.16.C.
B.Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City's review and acceptance of the pertinent submittal will be
at the sole expense and responsibility of Contractor.
C.City's Review:
1.City will provide timely review of required Submittals in accordance with the Schedule of
Submittals acceptable to City. City's review and acceptance will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, conform
to the information given in the Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract
Documents.
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2.City's review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction ( except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and
acceptance of a separate item as such will not indicate approval of the assembly in which the
item functions.
3.City's review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Section 01 33 00 and City has given written acceptance of each
such variation by specific written notation thereof incorporated in or accompanying the
Submittal. City's review and acceptance shall not relieve Contractor from responsibility for
complying with the requirements of the Contract Documents.
5 .17 Contractor's General Warranty and Guarantee
A.Contractor warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor's warranty and guarantee.
B.Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
1.abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
2.normal wear and tear under normal usage.
C.Contractor's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor's obligation to
perform the Work in accordance with the Contract Documents:
1.observations by City;
2.recommendation or payment by City or Developer of any progress or final payment;
3.the issuance of a ce1tificate of Final Acceptance by City or any payment related thereto by
City;
4.use or occupancy of the Work or any part thereof by City;
5.any review and acceptance of a Submittal by City;
6.any inspection, test, or approval by others; or
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
7.any correction of defective Work by City.
Page 24 of 35
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 hatmless 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 OPERA TE
AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME
OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY
ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is
intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by
the City in defending against such claims and causes of actions.
B.Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its
officers, servants and employees, from and against any and all loss, damage or destrnction of
prope1ty of the City, arising out of, or alleged to arise out of, the work and services to be
performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees
under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY
INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR
PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE
CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF
THE CITY.
5.19 Delegation of Professional Design Services
A.Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out Contractor's responsibilities for construction means, methods,
techniques, sequences and procedures.
B.If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, City
will specify all performance and design criteria that such services must satisfy. Contractor shall
cause such services or ce1tifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, ce1tifications, and
Submittals prepared by such professional. Submittals related to the Work designed or ce11ified
by such professional, if prepared by others, shall bear such professional' s written approval when
submitted to City.
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C.City shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
ce11ifications or approvals performed by such design professionals, provided City has specified
to Contractor performance and design criteria that such services must satisfy.
D.Pursuant to this Paragraph 5.19, City's review and acceptance of design calculations and design
drawings will be only for the limited purpose of checking for conformance with performance
and design criteria given and the design concept expressed in the Contract Documents. City's
review and acceptance of Submittals ( except design calculations and design drawings) will be
only for the purpose stated in Paragraph 5 .16.C.
5.20 Right to Audit:
A.The City reserves the right to audit all projects utilizing City funds
B.The Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of the Contractor involving transactions relating
to this Contract. Contractor agrees that the City shall have access during Regular Working Hours
to all necessary Contractor facilities and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this Paragraph. The City shall
give Contractor reasonable advance notice of intended audits.
C.Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that
the subcontractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of such Subcontractor, involving transactions to
the subcontract, and further, that City shall have access during Regular Working Hours to all
Subcontractor facilities, and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this Paragraph. The City shall give
Subcontractor reasonable advance notice of intended audits.
D.Contractor and Subcontractor agree to photocopy such documents as may be requested by the
City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
5 .21 Nondiscrimination
A.The City is responsible for operating Public Transportation Programs and implementing transit
related projects, which are funded in part with Federal financial assistance awarded by the U.S.
Department of Transp011ation and the Federal Transit Administration (FT A), without
discriminating against any person in the United States on the basis of race, color, or national
ongm.
B.Title VI, Civil Rights Act of I 964 as amended: Contractor shall comply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
ARTICLE 6 -OTHER WORK AT THE SITE
6.01 Related Work at Site
Page 26 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 performing other work with City's employees or other City
contractors, proper and safe access to the Site, provide a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of
the Work that may be required to properly connect or otherwise make its several parts come
together and properly integrate with such other work. Contractor shall not endanger any work of
others by cutting, excavating, or otherwise altering such work; provided, however, that
Contractor may cut or alter others' work with the written consent of City and the others whose
work will be affected.
C.If the proper execution or results of any part of Contractor's Work depends upon work
performed by others under this Article 7, Contractor shall inspect such other work and promptly
report to City in writing any delays, defects, or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's
failure to so report will constitute an acceptance of such other work as fit and proper for
integration with Contractor's Work except for latent defects in the work provided by others.
ARTICLE 7 -CITY'S RESPONSIBILITIES
7.01 Inspections, Tests, and Approvals
City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
11.03.
7 .02 Limitations on City's Responsibilities
A.The City shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. City will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
B.City will notify the Contractor of applicable safety plans pursuant to Paragraph 5 .13.
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7.03 Compliance with Safety Program
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While at the Site, City's employees and representatives shall comply with the specific applicable
requirements of Contractor's safety programs of which City has been informed pursuant to
Paragraph 5 .13.
ARTICLE 8 -CITY'S OBSERVATION STATUS DURING CONSTRUCTION
8.01 City's Project Representative
City will provide one or more Project Representative(s) during the construction period. The duties
and responsibilities and the limitations of authority of City's representative during construction are
set forth in the Contract Documents.
A.City's Project Representative will make visits to the Site at intervals appropriate to the various
stages of construction as City deems necessary in order to observe the progress that has been
made and the quality of the various aspects of Contractor's executed Work. Based on
information obtained during such visits and observations, City's Project Representative will
determine, in general, if the Work is proceeding in accordance with the Contract Documents.
City's Project Representative will not be required to make exhaustive or continuous inspections
on the Site to check the quality or quantity of the Work. City's Project Representative's efforts
will be directed toward providing City a greater degree of confidence that the completed Work
will conform generally to the Contract Documents.
B.City's Project Representative's visits and observations are subject to all the limitations on
authority and responsibility in the Contract Documents.
8.02 Authorized Variations in Work
City's Project Representative may authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the Contract Price or the Contract
Time and are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on City Developer, and also on Contractor, who shall perform the Work involved promptly.
8.03 Rejecting Defective Work
City will have authority to reject Work which City's Project Representative believes to be defective,
or will not produce a completed Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. City will have authority to conduct special inspection or
testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or
completed.
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ST AND ARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
8.04 Determinations for Work Pe,formed
Page 28 of35
Contractor will determine the actual quantities and classifications of Work performed. City's Project
Representative will review with Contractor the preliminary determinations on such matters before
rendering a written recommendation. City's written decision will be final (except as modified to
reflect changed factual conditions or more accurate data).
ARTICLE 9 -CHANGES IN THE WORK
9.01 Authorized Changes in the Work
A.Without invalidating the Contract and without notice to any surety, City may, at any time or
from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall
promptly proceed with the Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise specifically provided). Extra Work
shall be memorialized by a Participating Change Order which may or may not precede an order
of Extra work.
B.For minor changes of Work not requiring changes to Contract Time or Contract Price on a
project with City participation, a Field Order may be issued by the City.
9.02 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Time), the giving of any such notice will be Contractor's
responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the
effect of any such change.
ARTICLE 10 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME
10.01 Change of Contract Price
A.The Contract Price may only be changed by a Participating Change Order for projects with City
paiiicipation.
10.02 Change of Contract Time
A.The Contract Time may only be changed by a Paiiicipating Change Order for projects with City
paiiicipation.
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 comi or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
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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 pmi of the Work, as determined solely by
City.
1.City will coordinate such Testing to the extent possible, with Contractor;
2.Should any Testing under this Section 11.03 D result in a "fail", "did not pass" or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor's cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
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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 concmTence of City, Contractor shall, if requested by City, uncover
such Work for observation.
11.04 Uncovering Work
A.If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City's observation and replaced at Contractor's
expense.
11.05 City May Stop the Work
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials
or equipment, or fails to perform the Work in such a way that the completed Work will conform to
the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until
the cause for such order has been eliminated; however, this right of City to stop the Work shall not
give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any
Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent
of any of them.
11.06 Correction or Removal of Defective Work
A.Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to
an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has
been rejected by City, remove it from the Project and replace it with Work that is not defective.
Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such 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.
8.When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07,
Contractor shall take no action that would void or otherwise impair City's special warranty and
guarantee, if any, on said Work.
11.07 Correction Period
A.If within two (2) years after the date of Final Acceptance ( or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
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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 of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement (including
but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.
C.Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 11.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of one year after the end
of the initial correction period. City shall provide 30 days written notice to Contractor and
Developer should such additional warranty coverage be required. Contractor's obligations under
this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this
Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any
applicable statute of limitation or repose.
11.08 City May Correct Defective Work
A If Contractor fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with Paragraph
11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such
deficiency.
B.In exercising the rights and remedies under this Paragraph 11.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude
Contractor from all or part of the Site, take possession of all or pait of the Work and suspend
Contractor's services related thereto, and incorporate in the Work all materials and equipment
incorporated in the Work, stored at the Site or for which City has paid Contractor but which are
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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 comt or other dispute resolution
costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph
13.09 will be charged against Contractor, and a Change Order will be issued incorporating the
necessaiy revisions in the Contract Documents with respect to the Work; and City shall be
entitled to an appropriate decrease in the Contract Price.
D.Contractor shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City's rights and remedies under this
Paragraph 11.09.
ARTICLE 12 -COMPLETION
12.01 Contractor's Warranty of Title
Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment will pass to City no later than the time of Final Acceptance and shall be
free and clear of all Liens.
12.02 Partial Utilization
A.Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which
City, determines constitutes a separately functioning and usable part of the Work that can be
used by City for its intended purpose without significant interference with Contractor's
performance of the remainder of the Work. City at any time may notify Contractor in writing to
permit City to use or occupy any such part of the Work which City determines to be ready for its
intended use, subject to the following conditions:
1.Contractor at any time may notify City in writing that Contractor considers any such pa1t 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 pait 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.Paitial 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
ST AND ARD CITY CONDITIONS -DEVELOPER AW ARD ED PROJECTS
Revised: January I 0, 2013
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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 paiticulars in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
12.04 Final Acceptance
A.Upon completion by Contractor to City's satisfaction, of any additional Work identified in the
Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction
of the following:
1.All documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.03;
2.consent of the surety, if any, to Final Acceptance;
3.a list of all pending or released Damage Claims against City that Contractor believes are
unsettled; and
4.affidavits of payments and complete and legally effective releases or waivers (satisfactory to
City) of all Lien rights arising out of or Liens filed in connection with the Work.
5.after all Damage Claims have been resolved:
a.directly by the Contractor or;
b.Contractor provides evidence that the Damage Claim has been reported to Contractor's
insurance provider for resolution.
6.Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or
other requirements of the Contract Documents which specifically continue thereafter.
ARTICLE 13 -SUSPENSION OF WORK
13.01 City May Suspend Work
A.At any time and without cause, City may suspend the Work or any p01tion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor
shall resume the Work on the date so fixed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will stop contract time on City
participation projects.
B.Should the Contractor not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or negligence of the Contractor, and should it be determined by
mutual consent of the Contractor and City that a solution to allow construction to proceed is not
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: January 10, 2013
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 obstrnct 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 strnctures where necessary.
ARTICLE 14 - MISCELLANEOUS
14.01 Giving Notice
A.Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
1.delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2.delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
B.Business address changes must be promptly made in writing to the other party.
C.Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving party.
14.02 Computation 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 A WARDED PROJECTS
Revised: January I 0, 2013
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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 termination of the services of Contractor.
14.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS
Revised: January 10, 2013
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SECTION 0133 00
2 SUBMITTALS
3 PART 1-GENERAL
4 1.1 SUMMARY
A.Section Includes:
013300-1
SUBMITTALS
Page I of8
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1.General methods and requirements of submissions applicable to the following
Work-related submittals:
8 a.Shop Drawings
9 b.Product Data (including Standard Product List submittals)
IO c.Samples
11 d.Mock Ups
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 I.Division O -Bidding Requirements, Contract Forms and Conditions of the Contract
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2.Division I -General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A.Measurement and Payment
I.Work associated with this Item is considered subsidiary to the various items bid.
No separate payment will be allowed for this Item.
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1.4 ADMINISTRATIVE REQUIREMENTS
A.Coordination
I.Notify the City in writing, at the time of submittal, of any deviations in the
submittals from the requirements of the Contract Documents.
2.Coordination of Submittal Times
a.Prepare, prioritize and transmit each submittal sufficiently in advance of
performing the related Work or other applicable activities, or within the time
specified in the individual Work Sections, of the Specifications.
b.Contractor is responsible such that the installation will not be delayed by
processing times including, but not limited to:
a)Disapproval and resubmittal (if required)
b)Coordination with other submittals
c)Testing
d)Purchasing
e)Fabrication
f)Delivery
g)Similar sequenced activities
c.No extension of time will be authorized because of the Contractor's failure to
transmit submittals sufficiently in advance of the Work.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012
Highpoint Hill -Phase 3
City Project No. /00967
01 33 00 - 2 SUBMITTALS
Page 2 of 8
d.Make submittals promptly in accordance with approved schedule, and in such
2 sequence as to cause no delay in the Work or in the work of any other
3 contractor.
4 B.Submittal Numbering
5 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 each
9 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 typical
12 submittal number would be as follows:13 14 03 30 00-08-B
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16 1)03 30 00 is the Specification Section for Concrete
17 2)08 is the eighth initial submittal under this Specification Section
18 3)B is the third submission (second resubmission) of that paiticular shop
19 drawing
20 C.Contractor Certification
21 1.Review shop drawings, product data and samples, including those by
22 subcontractors, prior to submission to determine and verify the following:
23 a.Field measurements
24 b.Field construction criteria
25 c.Catalog numbers and similar data
26 d.Conformance with the Contract Documents
27 2.Provide each shop drawing, sample and product data submitted by the Contractor
28 with a Ce1tification Statement affixed including:
29 a.The Contractor's Company name
30 b.Signature of submittal reviewer
31 c.Certification Statement
32 I)"By this submittal, I hereby represent that I have determined and verified
33 field measurements, field construction criteria, materials, dimensions,
34 catalog numbers and similar data and I have checked and coordinated each
35 item with other applicable approved shop drawings."
36 D.Submittal Format
37 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.Order
40 a.Cover Sheet
41 1)Description of Packet
42 2)Contractor Ce1tification
43 b.List of items I Table of Contents
44 c.Product Data /Shop Drawings/Samples /Calculations
45 E.Submittal Content
46 I.The date of submission and the dates of any previous submissions
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Highpoint Hill -Phase 3 City Project No. 100967
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01 33 00 - 3 SUBMITTALS
2.The Project title and number
2 3.Contractor identification
3 4.The names of:
4 a.Contractor
5 b.Supplier
6 c.Manufacturer
Page 3 of 8
7 5.Identification of the product, with the Specification Section number, page and
8 paragraph(s)
9 6.Field dimensions, clearly identified as such
10 7.Relation to adjacent or critical features of the Work or materials
11 8.Applicable standards, such as ASTM or Federal Specification numbers
12 9.Identification by highlighting of deviations from Contract Documents
13 10.Identification by highlighting of revisions on resubmittals
14 11.An 8-inch x 3-inch blank space for Contractor and City stamps
15 F.Shop Drawings
16 1.As specified in individual Work Sections includes, but is not necessarily limited to:
17 a.Custom-prepared data such as fabrication and erection/installation (working)
18 drawings
19 b.Scheduled information
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c.Setting diagrams
d.Actual shopwork manufacturing instructions
e.Custom templates
f.Special wiring diagrams
g.Coordination drawings
h.Individual system or equipment inspection and test reports including:
1)Performance curves and certifications
1.As applicable to the Work
2.Details
a.Relation of the various pa1ts to the main members and lines of the structure
b.Where correct fabrication of the Work depends upon field measurements
1)Provide such measurements and note on the drawings prior to submitting
for approval.
G.Product Data
1.For submittals of product data for products included on the City's Standard Product
List, clearly identify each item selected for use on the Project.
2.For submittals of product data for products not included on the City's Standard
Product List, submittal data may include, but is not necessarily limited to:
a.Standard prepared data for manufactured products (sometimes referred to as
catalog data)
1)Such as the manufacturer's product specification and installation
instructions
2)Availability of colors and patterns
3)Manufacturer's printed statements of compliances and applicability
4)Roughing-in diagrams and templates
5)Catalog cuts
6)Product photographs
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012
Highpoint Hill -Phase 3
City Project No. /00967
7)Standard wiring diagrams
2 8)Printed performance curves and operational-range diagrams
01 33 00 - 4 SUBMITTALS
Page 4 of 8
3 9)Production or quality control inspection and test repo1ts and certifications
4 I 0) Mill reports
5 11)Product operating and maintenance instructions and recommended
6 spare-paits listing and printed product warranties
7 12)As applicable to the Work
8 H.Samples
9 I.As specified in individual Sections, include, but are not necessarily limited to:
10 a.Physical examples of the Work such as:
11 I)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 stait 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 I.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 2.The City will not be liable for any expense or delay due to corrections or remedies
24 required to accomplish conformity.
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3.Complete project Work, materials, fabrication, and installations in conformance
with approved shop drawings, applicable samples, and product data.
27 J.Submittal Distribution
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1.Electronic Distribution
a.Confirm development of Project directory for electronic submittals to be
uploaded to City's Buzzsaw site, or another external FTP site approved by the
City.
b.Shop Drawings
1)Upload submittal to designated project directory and notify appropriate
City representatives via email of submittal posting.
2)Hard Copies
a)3 copies for all submittals
b)If Contractor requires more than 1 hard copy of Shop Drawings
returned, Contractor shall submit more than the number of copies listed
above.
c.Product Data
I)Upload submittal to designated project directory and notify appropriate
City representatives via email of submittal posting.
2)Hard Copies
a)3 copies for all submittals
d.Samples
I)Distributed to the Project Representative
2.Hard Copy Distribution (if required in lieu of electronic distribution)
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Highpoint Hill -Phase 3
City Project No. 100967
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013300-5
SUBMITTALS
a.Shop Drawings
I)Distributed to the City
2)Copies
a)8 copies for mechanical submittals
b)7 copies for all other submittals
Page 5 of 8
c)If Contractor requires more than 3 copies of Shop Drawings returned,
Contractor shall submit more than the number of copies listed above.
b.Product Data
1)Distributed to the City
2)Copies
a)4 copies
c.Samples
1)Distributed to the Project Representative
2)Copies
a)Submit the number stated in the respective Specification Sections.
3.Distribute reproductions of approved shop drawings and copies of approved
product data and samples, where required, to the job site file and elsewhere as
directed by the City.
a.Provide number of copies as directed by the City but not exceeding the number
previously specified.
K.Submittal Review
1.The review of shop drawings, data and samples will be for general conformance
with the design concept and Contract Documents. This is not to be construed as:
a.Permitting any departure from the Contract requirements
b.Relieving the Contractor of responsibility for any errors, including details,
dimensions, and materials
c.Approving departures from details furnished by the City, except as otherwise
provided herein
2.The review and approval of shop drawings, samples or product data by the City
does not relieve the Contractor from his/her responsibility with regard to the
fulfillment of the terms of the Contract.
a.All risks of error and omission are assumed by the Contractor, and the City will
have no responsibility therefore.
3.The Contractor remains responsible for details and accuracy, for coordinating the
Work with all other associated work and trades, for selecting fabrication processes,
for techniques of assembly and for performing Work in a safe manner.
4.If the shop drawings, data or samples as submitted describe variations and show a
departure from the Contract requirements which City finds to be in the interest of
the City and to be so minor as not to involve a change in Contract Price or time for
performance, the City may return the reviewed drawings without noting an
exception.
5.Submittals will be returned to the Contractor under I of the following codes:
a.Code I
I)"NO EXCEPTIONS TAKEN" is assigned when there are no notations or
comments on the submittal.
a)When returned under this code the Contractor may release the
equipment and/or material for manufacture.
b.Code 2
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012
Highpoint Hill -Phase 3
City Project No. 100967
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01 33 00 - 6 SUBMITTALS
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1)"EXCEPTIONS NOTED". This code is assigned when a confirmation of
the notations and comments IS NOT required by the Contractor.
a)The Contractor may release the equipment or material for manufacture;
however, all notations and comments must be incorporated into the
final product.
c.Code 3
1)"EXCEPTIONS NOTED/RESUBMIT". This combination of codes is
assigned when notations and comments are extensive enough to require a
resubmittal of the package.
a)The Contractor may release the equipment or material for manufacture;
however, all notations and comments must be incorporated into the
final product.
b)This resubmittal is to address all comments, omissions and
non-conforming items that were noted.
c)Resubmittal is to be received by the City within 15 Calendar Days of
the date of the City's transmittal requiring the resubmittal.
d.Code 4
1)"NOT APPROVED" is assigned when the submittal does not meet the
intent of the Contract Documents.
a)The Contractor must resubmit the entire package revised to bring the
submittal into conformance.
b)It may be necessary to resubmit using a different manufacturer/vendor
to meet the Contract Documents.
6.Resubmittals
a.Handled in the same manner as first submittals
I)Corrections other than requested by the City
2)Marked with revision triangle or other similar method
a)At Contractor's risk if not marked
b.Submittals for each item will be reviewed no more than twice at the City's
expense.
I)All subsequent reviews will be performed at times convenient to the City
and at the Contractor's expense, based on the City's or City
Representative's then prevailing rates.
2)Provide Contractor reimbursement to the City within 30 Calendar Days for
all such fees invoiced by the City.
c.The need for more than I resubmission or any other delay in obtaining City's
review of submittals, will not entitle the Contractor to an extension of Contract
Time.
7.Pattial Submittals
a.City reserves the right to not review submittals deemed partial, at the City's
discretion.
b.Submittals deemed by the City to be not complete will be returned to the
Contractor, and will be considered "Not Approved" until resubmitted.
c.The City may at its option provide a list or mark the submittal directing the
Contractor to the areas that are incomplete.
8.If the Contractor considers any correction indicated on the shop drawings to
constitute a change to the Contract Documents, then written notice must be
provided thereof to the City at least 7 Calendar Days prior to release for
manufacture.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012
Highpoint Hill -Phase 3
City Project No. 100967
01 33 00 - 7
SUBMITTALS
Page 7 of 8
9.When the shop drawings have been completed to the satisfaction of the City, the
2 Contractor may carry out the construction in accordance therewith and no fut1her
3 changes therein except upon written instructions from the City.
4 I 0. Each submittal, appropriately coded, will be returned within 30 Calendar Days
5 following receipt of submittal by the City.
6 L.Mock ups
7 I.Mock Up units as specified in individual Sections, include, but are not necessarily
8 limited to, complete units of the standard of acceptance for that type of Work to be
9 used on the Project. Remove at the completion of the Work or when directed.
IO M.Qualifications
11 I.If specifically required in other Sections of these Specifications, submit a P.E.
12 Certification for each item required.
13 N.Request for Information (RPI)
14 I.Contractor Request for additional information
15 a.Clarification or interpretation of the contract documents
16 b.When the Contractor believes there is a conflict between Contract Documents
17 c.When the Contractor believes there is a conflict between the Drawings and
18 Specifications
19 I)Identify the conflict and request clarification
20 2.Use the Request for Information (RPI) form provided by the City.
21 3.Numbering of RPI
22 a.Prefix with "RPI" followed by series number, "-xxx", beginning with "0 I" and
23 increasing sequentially with each additional transmittal.
24 4.Sufficient information shall be attached to permit a written response without further
25 information.
26 5.The City will log each request and will review the request.
27 a.If review of the project information request indicates that a change to the
28 Contract Documents is required, the City will issue a Field Order or Change
29 Order, as appropriate.
30 1.5 SUBMITTALS [NOT USED]
31 1.6 ACTION SUBMITT ALS/INFORMA TIONAL SUBMITT ALS [NOT USED]
32 1.7 CLOSEOUT SUBMITTALS [NOT USED]
33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
34 1.9 QUALITY ASSURANCE [NOT USED]
35 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
36 1.11 FIELD [SITE] CONDITIONS [NOT USED]
37 1.12 WARRANTY [NOT USED]
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Higl1poi11t Hill -Phase 3
City Project No. 100967
PART 2 -PRODUCTS [NOT USED]
2 PART 3 -EXECUTION [NOT USED]
3 END OF SECTION
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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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012
01 33 00 - 8 SUBMITTALS
Page 8 of8
Highpoint Hill -Phase 3
City Project No. 100967
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OAP SPECIAL PROJECT PROCEDURES
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5 1.1 SUMMARY
6 A.Section Includes:
SECTION 01 35 13
SPECIAL PROJECT PROCEDURES
Page I of7
7 1.The procedures for special project circumstances that includes, but is not limited to:
8 a.Coordination with the Texas Department of Transportation
9 b.Work near High Voltage Lines
IO c.Confined Space Entry Program
11 d.Air Pollution Watch Days
12 e.Use of Explosives, Drop Weight, Etc.
13 f.Water Department Notification
14 g.Public Notification Prior to Beginning Construction
15 h.Coordination with United States Army Corps of Engineers
16 1.Coordination within Railroad permits areas
17 J.Dust Control
18 k.Employee Parking
19 !. {Coordination with North Central Texas Council of Govemments Clean
20 Constrnction Spec(flcation [remove {/ not required}}
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B.Deviations from this City of Fort Worth Standard Specification
1.None.
C.Related Specification Sections include, but are not necessarily limited to:23
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1.Division 0-Bidding Requirements, Contract Forms and Conditions of the Contract
2.Division 1 -General Requirements
3.Section 33 12 25 -Connection to Existing Water Mains
28 1.2 REFERENCES
29 A.Reference Standards
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1.Reference standards cited in this Specification refer to the current reference
standard published at the time of the latest revision date logged at the end of this
Specification, unless a date is specifically cited.
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2.Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752.
High Voltage Overhead Lines.
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3.N01th Central Texas Council of Governments (NCTCOG) -Clean Construction
Specification
37 1.3 ADMINISTRATIVE REQUIREMENTS
38 A.Coordination with the Texas Depattment of Transpottation
39 I.When work in the right-of-way which is under the jurisdiction of the Texas
40 Department of Transportation (TxDOT):
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS Revised August, 30, 2013
Highpoilll Hill -Phase 3
City Project No. 100967
0 I 35 13 - 2
OAP SPECIAL PROJECT PROCEDURES
Page 2 of7
a.Notify the Texas Depat1ment of Transportation prior to commencing any work
2 therein in accordance with the provisions of the permit
3 b.All work performed in the TxDOT right-of-way shall be performed in
4 compliance with and subject to approval from the Texas Department of
5 Transpottation
6 B.Work near High Voltage Lines
7 1.Regulatory Requirements
8 a.All Work near High Voltage Lines (more than 600 volts measured between
9 conductors or between a conductor and the ground) shall be in accordance with
10 Health and Safety Code, Title 9, Subtitle A, Chapter 752.
11 2.Warning sign
12 a.Provide sign of sufficient size meeting all OSHA requirements.
13 3.Equipment operating within 10 feet of high voltage lines will require the following
14 safety features
15 a.Insulating cage-type of guard about the boom or arm
16 b.Insulator links on the lift hook connections for back hoes or dippers
17 c.Equipment must meet the safety requirements as set forth by OSHA and the
18 safety requirements of the owner of the high voltage lines
19 4.Work within 6 feet of high voltage electric lines
20 a.Notification shall be given to:
21 1)The power company ( example: ONCOR)
22 a)Maintain an accurate log of all such calls to power company and record
23 action taken in each case.
24 b.Coordination with power company
25 1)After notification coordinate with the power company to:
26 a)Erect temporary mechanical barriers, de-energize the lines, or raise or
27 lower the lines
28 c.No personnel may work within 6 feet of a high voltage line before the above
29 requirements have been met.
30 C.Confined Space Entry Program
31 1.Provide and follow approved Confined Space Entry Program in accordance with
32 OSHA requirements.
33 2.Confined Spaces include:
34 a.Manholes
35 b.All other confined spaces in accordance with OSHA's Permit Required for
36 Confined Spaces
37 D.Use of Explosives, Drop Weight, Etc.
38 1.When Contract Documents permit on the project the following will apply:
39 a.Public Notification
40 1)Submit notice to City and proof of adequate insurance coverage, 24 hours
41 prior to commencing.
42 2)Minimum 24 hour public notification in accordance with Section 0 1 31 13
43 E.Water Depattment Coordination
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Revised August, 30, 2013
Highpoint Hill -Phase 3
City Project No. 100967
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0 I 35 13 • 3 OAP SPECIAL PROJECT PROCEDURES
Page 3 of7
1.During the construction of this project, it will be necessary to deactivate, for a
period of time, existing lines. The Contractor shall be required to coordinate with
the Water Department to determine the best times for deactivating and activating
those lines.
2.Coordinate any event that will require connecting to or the operation of an existing
City water line system with the City's representative.
a.Coordination shall be in accordance with Section 33 12 25.
b.If needed, obtain a hydrant water meter from the Water Depattment for use
during the life of named project.
c.In the event that a water valve on an existing live system be turned off and on
to accommodate the construction of the project is required, coordinate this
activity through the appropriate City representative.
1)Do not operate water line valves of existing water system.
a)Failure to comply will render the Contractor in violation of Texas Penal
Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor
will be prosecuted to the full extent of the law.
b)In addition, the Contractor will assume all liabilities and
responsibilities as a result of these actions.
F.Public Notification Prior to Beginning Construction
I.Prior to beginning construction on any block in the project, on a block by block
basis, prepare and deliver a notice or flyer of the pending construction to the front
door of each residence or business that will be impacted by construction. The notice
shall be prepared as follows:
a.Post notice or flyer 7 days prior to beginning any construction activity on each
block in the project area.
I)Prepare flyer on the Contractor's letterhead and include the following
information:
a)Name of Project
b)City Project No (CPN)
c)Scope of Project (i.e. type of construction activity)
d)Actual construction duration within the block
e)Name of the contractor's foreman and phone number
f)Name of the City's inspector and phone number
g)City's after-hours phone number
2)A sample of the 'pre-construction notification' flyer is attached as Exhibit
A.
3)Submit schedule showing the construction start and finish time for each
block of the project to the inspector.
4)Deliver flyer to the City Inspector for review prior to distribution.
b.No construction will be allowed to begin on any block until the flyer is
delivered to all residents of the block.
42 G.Public Notification of Temporary Water Service Interruption during Construction
43 I.In the event it becomes necessary to temporarily shut down water service to
44 residents or businesses during construction, prepare and deliver a notice or flyer of
45 the pending interruption to the front door of each affected resident.
46 2.Prepared notice as follows:
47 a.The notification or flyer shall be posted 24 hours prior to the temporary
48 interruption.
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS
Revised August, 30, 2013
Highpoint Hill -Phase 3
City Project No. 100967
01 3513-4
DAP SPECIAL PROJECT PROCEDURES
b.Prepare flyer on the contractor's letterhead and include the following
2 information:
3 I)Name of the project
4 2)City Project Number
5 3)Date of the interruption of service
6 4)Period the interruption will take place
7 5)Name of the contractor's foreman and phone number
8 6)Name of the City's inspector and phone number
Page 4 of7
9 c.A sample of the temporary water service interruption notification is attached as
IO Exhibit B.
11 d.Deliver a copy of the temporary interruption notification to the City inspector
12 for review prior to being distributed.
13 e.No interruption of water service can occur until the flyer has been delivered to
14 all affected residents and businesses.
15 f.Electronic versions of the sample flyers can be obtained from the Project
16 Construction Inspector.
17 H.Coordination with United States Army Corps of Engineers (USA CE)
18 I . At locations in the Project where construction activities occur in areas where
19 USACE permits are required, meet all requirements set forth in each designated
20 permit.
21 I.Coordination within Railroad Permit Areas
22
23
24
25
26
27
28
29
30
31
32
33
I.At locations in the project where construction activities occur in areas where
railroad permits are required, meet all requirements set forth in each designated
railroad permit. This includes, but is not limited to, provisions for:
a.Flagmen
b.Inspectors
c.Safety training
d.Additional insurance
e.Insurance certificates
f.Other employees required to protect the right-of-way and property of the
Railroad Company from damage arising out of and/or from the construction of
the project. Proper utility clearance procedures shall be used in accordance
with the permit guidelines.
34
35
2.Obtain any supplemental information needed to comply with the railroad's
requirements.
36 J.Dust Control
37 I.Use acceptable measures to control dust at the Site.
38 a.If water is used to control dust, capture and properly dispose of waste water.
39 b.If wet saw cutting is performed, capture and properly dispose of sluny.
40 K.Employee Parking
41 I.Provide parking for employees at locations approved by the City.
42 L.{Coordination with North Central Texas Council of Governments (NCTCOG) Clean
43 Construction Specification [if required for the project]
44 I.Comply with equipment, operational, repo11ing and enforcement requirements set
45 forth in NCTCOG's Clean Construction Specification.}
CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS
Revised August, 30, 2013
Highpoint Hill -Phase 3
City Project No. 100967
(
(
(
(
l
l
01 35 13 - 5
OAP SPECIAL PROJECT PROCEDURES
1.4 SUBMITT ALS [NOT USED]
2 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
3 1.6 CLOSEOUT SUBMITT ALS [NOT USED]
4 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
5 1.8 QUALITY ASSURANCE [NOT USED]
6 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED]
7 1.10 FIELD [SITE] CONDITIONS [NOT USED]
8 1.11 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
Page 5 of7
1.3.8 -Added requirement of compliance with Health and Safety Code, Title 9.
13
8/31/2012 D.Johnson Safety, Subtitle A Public Safety, Chapter 752. High Voltage Overhead Lines.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS
Revised August, 30, 20 I 3
Highpoint Hill -Phase 3
City Project No. 100967
01 3513-6
OAP SPECIAL PROJECT PROCEDURES
2
3
4
5
6 Date:
7
8 CPN No.:
9 Project Name:
10 Mapsco Location:
11 Limits of Construction:
12
13
14 15
16
Page 6 of7
EXHIBIT A
(To be printed on Contractor's Letterhead)
17 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT
18 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR
19 PROPERTY.
20
21 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE
22 OF THIS NOTICE.
23
24 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER
25 ISSUE, PLEASE CALL:
26
27
28 Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.>
29
30 OR
31
32 Mr. <CITY INSPECTOR> AT< TELEPHONE NO.>
33
34 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306
35
36 PLEASE KEEP THIS FL YER HANDY WHEN YOU CALL
37
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS
Revised August, 30, 2013
Highpoint Hill -Phase 3
City Project No. 100967
(
(
t
(
l
2
3
4
01 3513-7
DAP SPECIAL PROJECT PROCEDURES
Date: _____ _
EXHIBITB
DOENO.XXXX
Projec:t Name:
NOTICE OF TEMPORARY WATER SERVICE
INTERRUPTION
Page 7 of7
DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR
WATER SERVICE WILL BE INTERRUPTED ON __________ _
BETWEEN THE HOURS OF _________ AND ______ _
IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT, PLEASE CALL:
MR.-------=------,....,..-,---=--------------=-AT-----,,-=:-====-:=:-=-=-,----(CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER)
OR
MR. ______ .,--_______ AT __ =:-====-:-=c-==,.,.---(CITY INSPECTOR) (TELEPHONE NUMBER)
THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE.
THANK YOU,
_____________ _,CONTRACTOR
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS
Revised August, 30, 2013
Highpoint Hill-Phase 3
City Project No. 100967
I
2
3
4
5
6
7
8
9
IO
11
12
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25
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37
38
014523-1
OAP TESTING AND INSPECTION SERVICES
PART 1 -GENERAL
1.1 SUMMARY
A.Section Includes:
SECTION 01 45 23
TESTING AND INSPECTION SERVICES
I.Testing and inspection services procedures and coordination
B.Deviations from this City of Fort Worth Standard Specification
I.None.
C.Related Specification Sections include, but are not necessarily limited to:
Page I of2
I.Division 0-Bidding Requirements, Contract Forms and Conditions of the Contract
2.Division I -General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A.Measurement and Payment
I.Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
a.Contractor is responsible for performing, coordinating, and payment of all
Quality Control testing.
b.City is responsible for performing and payment for first set of Quality
Assurance testing.
I)If the first Quality Assurance test performed by the City fails, the
Contractor is responsible for payment of subsequent Quality Assurance
testing until a passing test occurs.
a)Final acceptance will not be issued by City until all required payments
for testing by Contractor have been paid in full.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A.Testing
I.Complete testing in accordance with the Contract Documents.
2.Coordination
a.When testing is required to be performed by the City, notify City, sufficiently
in advance, when testing is needed.
b.When testing is required to be completed by the Contractor, notify City,
sufficiently in advance, that testing will be performed.
3.Distribution of Testing Repo11s
a.Electronic Distribution
I)Confirm development of Project directory for electronic submittals to be
uploaded to City's Buzzsaw site, or another form of distribution approved
by the City.
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS Revised August 30, 2013
Highpoilll Hill -Phase 3
Cily Projecl No. 100967
01 45 23 - 2 DAP TESTING AND INSPECTION SERVICES
Page 2 of2
2)Upload test reports to designated project directory and notify appropriate
2 City representatives via email of submittal posting.
3 3)Hard Copies
4 a)1 copy for all submittals submitted to the Project Representative
5 b.Hard Copy Distribution (if required in lieu of electronic distribution)
6 1)Tests performed by City
7 a)Distribute I hard copy to the Contractor
8 2)Tests performed by the Contractor
9 a)Distribute 3 hard copies to City's Project Representative
IO 4.Provide City's Project Representative with trip tickets for each delivered load of
11 Concrete or Lime material including the following information:
12 a.Name of pit
13 b.Date of delivery
14 c.Material delivered
15 B.Inspection
16 I.Inspection or lack of inspection does not relieve the Contractor from obligation to
17 perform work in accordance with the Contract Documents.
18 1.5 SUBMITTALS [NOT USED]
19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED]
21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
22 1.9 QUALITY ASSURANCE [NOT USED] 23 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 NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS
Revised August 30, 2013
Higl,poinl Hill -Phase 3
Cily Project No. /00967
(
01 50 00 - I
OAP TEMPORARY FACILITIES AND CONTROLS
1 SECTION 01 50 00
2 TEMPORARY FACILITIES AND CONTROLS
3 PARTl-GENERAL
4 1.1 SUMMARY
5 A.Section Includes:
Page I of4
6 1.Provide temporary facilities and controls needed for the Work including, but not
7 necessarily limited to:
8 a.Temporary utilities
9 b.Sanitary facilities
10 c.Storage Sheds and Buildings
11 d.Dust control
12 e.Temporary fencing of the construction site
13 B.Deviations from this City of Fort Worth Standard Specification
14 1.None.
15 C.Related Specification Sections include, but are not necessarily limited to:
16 1.Division 0-Bidding Requirements, Contract Forms and Conditions of the Contract
17 2.Division 1 -General Requirements
18 1.2 PRICE AND PAYMENT PROCEDURES
19 A.Measurement and Payment
20 1.Work associated with this Item is considered subsidiary to the various Items bid.
21 No separate payment will be allowed for this Item.
22 1.3 REFERENCES [NOT USED]
23 1.4 ADMINISTRATIVE REQUIREMENTS
24 A.Temporary Utilities
25 1.Obtaining Temporary Service
26 a.Make arrangements with utility service companies for temporary services.
27 b.Abide by rules and regulations of utility service companies or authorities
28 having jurisdiction.
29 c.Be responsible for utility service costs until Work is approved for Final
30 Acceptance.
31 I)Included are fuel, power, light, heat and other utility services necessary for
32 execution, completion, testing and initial operation of Work.
33 2.Water
34 a.Contractor to provide water required for and in connection with Work to be
35 performed and for specified tests of piping, equipment, devices or other use as
36 required for the completion of the Work.
37 b.Provide and maintain adequate supply of potable water for domestic
38 consumption by Contractor personnel and City's Project Representatives.
39 c.Coordination
40 I)Contact City I week before water for construction is desired
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS Revised JULY I, 2011
Highpoint Hill -Phase 3
City Project No. 100967
0150 00-2
OAP TEMPORARY FACILITIES AND CONTROLS
d.Contractor Payment for Construction Water
Page 2 of 4
2 1)Obtain construction water meter from City for payment as billed by City's
3 established rates.
4 3.Electricity and Lighting
5 a.Provide and pay for electric powered service as required for Work, including
6 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 to
9 maintain operations during scheduled shutdown.
10 4.Telephone
11 a.Provide emergency telephone service at Site for use by Contractor personnel
12 and others performing work or furnishing services at Site.
13 5.Temporary Heat and Ventilation
14 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 Facilities
17 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 health
23 problem.
24 d.Haul sewage and waste off-site at no less than weekly intervals and properly
25 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 Project
28 C.Storage Sheds and Buildings
29 1.Provide adequately ventilated, wate11ight, weatherproof storage facilities with floor
30 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 off
32 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 for
37 equipment space heaters and heating or ventilation as necessary to provide storage
38 environments acceptable to specified manufacturers.
39 5.Fill and grade site for temporary structures to provide drainage away from
40 temporary and existing buildings.
41 6.Remove building from site prior to Final Acceptance.
42 D.Temporary Fencing
43 1.Provide and maintain for the duration or construction when required in contract
44 documents
45 E.Dust Control
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Revised JULY I, 2011
Highpoint Hill -Phase 3
City Project No. 100967
01 50 00 - 3
OAP TEMPORARY FACILITIES AND CONTROLS
Page 3 of4
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 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
IO 1.7 CLOSEOUT SUBMITTALS [NOT USED]
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 -EXECUTION [NOT USED]
18 3.1 INSTALLERS [NOT USED]
19 3.2 EXAMINATION [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 [REP AIR] / [RESTORATION]
25 3.6 RE-INSTALLATION
26 3.7 FIELD loR] 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
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Revised JULY I, 2011
Highpoi/11 Hill -Phase 3
City Project No. /00967
0150 00-4 OAP TEMPORARY FACILITIES AND CONTROLS
Page 4 of 4
1.Remove all temporary facilities and restore area after completion of the Work, to a
2 condition equal to or better than prior to stait 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AW ARD ED PROJECTS Revised JULY I, 20 I I
Highpoint Hill -Phase 3
City Project No. 100967
015526-1
OAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
SECTION 01 55 26
2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
3 PARTl-GENERAL
4 1.1 SUMMARY
5 A.Section Includes:
6 1.Administrative procedures for:
7 a.Street Use Permit
8 b.Modification of approved traffic control
9 c.Removal of Street Signs
10 B.Deviations from this City of Fort Worth Standard Specification
I I 1.None.
12 C.Related Specification Sections include, but are not necessarily limited to:
Page I of3
13 1.Division O -Bidding Requirements, Contract Forms and Conditions of the Contract
14 2.Division 1 -General Requirements
I 5 3.Section 34 71 13 -Traffic Control
I 6 1.2 PRICE AND PAYMENT PROCEDURES
I 7 A.Measurement and Payment
18 1.Work associated with this Item is considered subsidiary to the various Items bid.
I 9 No separate payment will be allowed for this Item.
20 1.3 REFERENCES
2 I A.Reference Standards
22 1.Reference standards cited in this specification refer to the current reference standard
23 published at the time of the latest revision date logged at the end of this
24 specification, unless a date is specifically cited.
25 2.Texas Manual on Uniform Traffic Control Devices (TMUTCD).
26 1.4 ADMINISTRATIVE REQUIREMENTS
27 A.Traffic Control
28 1.General
29 a.When traffic control plans are included in the Drawings, provide Traffic
30 Control in accordance with Drawings and Section 34 71 13.
31 b.When traffic control plans are not included in the Drawings, prepare traffic
32 control plans in accordance with Section 34 71 13 and submit to City for
33 review.
34 I)Allow minimum IO working days for review of proposed Traffic Control.
35 B.Street Use Permit
36 I.Prior to installation of Traffic Control, a City Street Use Permit is required.
37 a.To obtain Street Use Permit, submit Traffic Control Plans to City
38 Transp011ation and Public Works Department.
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS
Revised July I, 2011
Highpoint Hill -Phase 3
City Project No. 100967
01 55 26 - 2
DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
1)Allow a minimum of 5 working days for permit review.
Page 2 of3
2 2)Contractor's responsibility to coordinate review of Traffic Control plans for
3 Street Use Permit, such that construction is not delayed.
4 C.Modification to Approved Traffic Control
5 1.Prior to installation traffic control:
6 a. Submit revised traffic control plans to City Depat1ment Transpmtation and
7 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 Control
11 plans for Street Use Permit, such that construction is not delayed.
12 D.Removal of Street Sign
13 1.If it is determined that a street sign must be removed for construction, then contact
14 City Transpo11ation and Public Works Depattment, Signs and Markings Division to
15 remove the sign.
16 E.Temporary Signage
17 1.In the case of regulatory signs, replace permanent sign with temporary sign meeting
18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control
19 Devices (MUTCD).
20 2.Install temporary sign before the removal of permanent sign.
21 3.When construction is complete, to the extent that the permanent sign can be
22 reinstalled, contact the City Transpo11ation and Public Works Department, Signs
23 and Markings Division, to reinstall the permanent sign.
24 F.Traffic Control Standards
25 1.Traffic Control Standards can be found on the City's Buzzsaw website.
26 1.5 SUBMITTALS [NOT USED]
27 1.6 ACTION SUBMITTALS/INFORMATIONAL 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS Revised July I, 2011
Highpoint Hill -Phase 3
City Project No. 100967
2
DATE NAME
CITY OF FORT WORTH
0 I 55 26 - 3 OAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page 3 of3
Revision Log
SUMMARY OF CHANGE
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Revised July I, 2011
Highpoint Hill -Phase 3
City Project No. 100967
(
01 57 13 - I OAP STORM WATER POLLUTION PREVENTION
SECTION 01 57 13
2 STORM WATER POLLUTION PREVENTION
3 PARTl-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 F01t 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
I 2 2.Division 1 -General Requirements
I 3 3.Section 31 25 00 -Erosion and Sediment Control
14 1.2 PRICE AND PAYMENT PROCEDURES
A.Measurement and Payment
1.Construction Activities resulting in less than 1 acre of disturbance
Page I of3
15
16
17
18
a.Work associated with this Item is considered subsidiary to the various Items
bid. No separate payment will be allowed for this Item.
2.Construction Activities resulting in greater than 1 acre of disturbance19
20 a.Measurement and Payment shall be in accordance with Section 31 25 00.
21 1.3 REFERENCES
22
23
A.Abbreviations and Acronyms
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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS
Revised July I, 2011
Highpoint Hill -Phase 3
City Project No. /00967
B.Construction Activities resulting in:
01 57 13 - 2 OAP STORM WATER POLLUTION PREVENTION
Page 2 of3
2 I.Less than I acre of disturbance
3 a.Provide erosion and sediment control in accordance with Section 31 25 00 and
4 Drawings.
5
6
7
8
9
JO
11
12
13
14
15
16
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21
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23
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2.I to less than 5 acres of disturbance
a.Texas Pollutant Discharge Elimination System (TPDES) General Construction
Permit is required
b.Complete SWPPP in accordance with TCEQ requirements
I)TCEQ Small Construction Site Notice Required under general permit
TXRl50000
a)Sign and post at job site
b)Prior to Preconstruction Meeting, send I copy to City Department of
Transpo1tation and Public Works, Environmental Division, (817) 392-
6088.
2)Provide erosion and sediment control in accordance with:
a)Section 31 25 00
b)The Drawings
c)TXRl50000 General Permit
d)SWPPP
e)TCEQ requirements
3.5 acres or more of Disturbance
a.Texas Pollutant Discharge Elimination System (TPDES) General Construction
Permit is required
b.Complete SWPPP in accordance with TCEQ requirements
1)Prepare a TCEQ NOi form and submit to TCEQ along with required fee
a)Sign and post at job site
b)Send copy to City Depaitment of Transportation and Public Works,
Environmental Division, (817) 392-6088.
2)TCEQ Notice of Change required if making changes or updates to NOi
3)Provide erosion and sediment control in accordance with:
a)Section 31 25 00
b)The Drawings
c)TXR 150000 General Permit
d)SWPPP
e)TCEQ requirements
4)Once the project has been completed and all the closeout requirements of
TCEQ have been met a TCEQ Notice of Termination can be submitted.
a)Send copy to City Depa1tment of Transportation and Public Works,
Environmental Division, (817) 392-6088.
40 1.5 SUBMITTALS
41 A.SWPPP
42 1.Submit in accordance with Section O I 33 00, except as stated herein.
43 a.Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City
44 as follows:
45 1)1 copy to the City Project Manager
46 a)City Project Manager will forward to the City Depa1tment of
47 Transportation and Public Works, Environmental Division for review
CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS Revised July I, 2011
Highpoint Hill-Phase 3
City Project No. /00967
(
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01 57 13 - 3
OAP STORM WATER POLLUTION PREVENTION
Page 3 of3
B.Modified SWPPP
2 1.If the SWPPP is revised during construction, resubmit modified SWPPP to the City
3 in accordance with Section 0 1 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS
Revised July I, 2011
Highpoilll Hill -Phase 3
City Project No. 100967
(
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0160 00-1
DAP PRODUCT REQUIREMENTS
I SECTION 0160 00
2 PRODUCT REQUIREMENTS
3 PARTl-GENERAL
4 1.1 SUMMARY
5 A.Section Includes:
6 1.References for Product Requirements and City Standard Products List
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:
Page I of2
IO 1.Division O -Bidding Requirements, Contract Forms and Conditions of the Contract
I I 2.Division 1 -General Requirements
12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED]
13 1.3 REFERENCES [NOT USED]
14 1.4 ADMINISTRATIVE REQUIREMENTS
15 A.A list of City approved products for use is located on Buzzsaw as follows:
I 6 1.Resources\02 -Construction Documents\Standard Products List
17
18
B.Only products specifically included on City's Standard Product List in these Contract
Documents shall be allowed for use on the Project.
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1.Any subsequently approved products will only be allowed for use upon specific
approval by the City.
C.Any specific product requirements in the Contract Documents supersede similar
products included on the City's Standard Product List.
1.The City reserves the right to not allow products to be used for certain projects even
though the product is listed on the City's Standard Product List.
D.Although a specific product is included on City's Standard Product List, not all
products from that manufacturer are approved for use, including but not limited to, that
manufacturer's standard product.
E.See Section 01 33 00 for submittal requirements of Product Data included on City's
Standard Product List.
30 1.5 SUBMITTALS [NOT USED]
31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
32 1.7 CLOSEOUT SUBMITTALS [NOT USED]
33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
34 1.9 QUALITY ASSURANCE [NOT USED]
CITY OF FORT WORTH
ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS Revised April 7, 2014
Highpoint Hill -Phase 3
City Project No. 100967
01 60 00 - 2 OAP 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
8
Revision Log
DATE NAME SUMMARY OF CHANGE
I 0/12/12 D.Johnson Modified Location of City's Standard Product List
4/7/2014 M.Domenech Revised for OAP application
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS Revised April 7, 2014
Page 2 of2
Highpoint Hill -Phase 3
City Project No. 100967
l
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01 66 00 - I DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
SECTION 01 66 00
2 PRODUCT STORAGE AND HANDLING REQUIREMENTS
3 PARTl-GENERAL
4 1.1 SUMMARY
5 A.Section Includes:
6 I.Scheduling of product delivery
7 2.Packaging of products for delivery
8 3.Protection of products against damage from:
9 a.Handling
IO b.Exposure to elements or harsh environments
11 B.Deviations from this City of Fort Worth Standard Specification
12 I.None.
13 C.Related Specification Sections include, but are not necessarily limited to:
Page I of4
14 I.Division 0-Bidding Requirements, Contract Forms and Conditions of the Contract
15 2.Division 1 -General Requirements
16 1.2 PRICE AND PAYMENT PROCEDURES
17 A.Measurement and Payment
18 1.Work associated with this Item is considered subsidiary to the various Items bid.
19 No separate payment will be allowed for this Item.
20 1.3 REFERENCES [NOT USED]
21 1.4 ADMINISTRATIVE REQUIREMENTS (NOT USED]
22 1.5 SUBMITTALS [NOT USED]
23 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS (NOT USED]
24 1.7 CLOSEOUT SUBMITTALS (NOT USED]
25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
26 1.9 QUALITY ASSURANCE (NOT USED]
27 1.10 DELIVERY AND HANDLING
28 A.Delivery Requirements
29 I.Schedule delivery of products or equipment as required to allow timely installation
30 and to avoid prolonged storage.
31 2.Provide appropriate personnel and equipment to receive deliveries.
32 3.Delivery trucks will not be permitted to wait extended periods of time on the Site
33 for personnel or equipment to receive the delivery.
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS
Revised April 7, 2014
Highpoint Hill -Phase 3
City Projec/ No. /00967
016600-2 OAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 2 of 4
4.Deliver products or equipment in manufacturer's original unbroken ca11ons or other
2 containers designed and constructed to protect the contents from physical or
3 environmental damage.
4 5.Clearly and fully mark and identify as to manufacturer, item and installation
5 location.
6 6.Provide manufacturer's instructions for storage and handling.
7 B.Handling Requirements
8 I.Handle products or equipment in accordance with these Contract Documents and
9 manufacturer's recommendations and instructions.
IO C.Storage Requirements
11 I.Store materials in accordance with manufacturer's recommendations and
12 requirements of these Specifications.
13 2.Make necessary provisions for safe storage of materials and equipment.
14 a.Place loose soil materials and materials to be incorporated into Work to prevent
15 damage to any part of Work or existing facilities and to maintain free access at
16 all times to all parts of Work and to utility service company installations in
17 vicinity of Work.
18 3.Keep materials and equipment neatly and compactly stored in locations that will
19 cause minimum inconvenience to other contractors, public travel, adjoining owners,
20 tenants and occupants.
21 a.Arrange storage to provide easy access for inspection.
22 4.Restrict storage to areas available on construction site for storage of material and
23 equipment as shown on Drawings, or approved by City's Project Representative.
24 5.Provide off-site storage and protection when on-site storage is not adequate.
25 a.Provide addresses of and access to off-site storage locations for inspection by
26 City's Project Representative.
27 6.Do not use lawns, grass plots or other private property for storage purposes without
28 written permission of owner or other person in possession or control of premises.
29 7.Store in manufacturers' unopened containers.
30 8.Neatly, safely and compactly stack materials delivered and stored along line of
31 Work to avoid inconvenience and damage to propet1y owners and general public
32 and maintain at least 3 feet from fire hydrant.
33 9.Keep public and private driveways and street crossings open.
34 I 0. Repair or replace damaged lawns, sidewalks, streets or other improvements to
35 satisfaction of City's Project Representative.
36 a.Total length which materials may be distributed along route of construction at
37 one time is 1,000 linear feet, unless otherwise approved in writing by City's
38 Project Representative.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS Revised April 7, 2014
Highpoi11t Hill -Phase 3
City Project No. 100967
l
016600-3
OAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 3 of4
1.11 FIELD [SITE] CONDITIONS [NOT USED]
2 1.12 WARRANTY [NOT USED]
3 PART 2 - PRODUCTS [NOT USED]
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PART 3 -EXECUTION
3.1 INSTALLERS [NOT USED]
3.2 EXAMINATION [NOT USED)
3.3 PREPARATION [NOT USED]
3.4 ERECTION [NOT USED]
3.5 REPAIR/RESTORATION [NOT USED]
3.6 RE-INSTALLATION [NOT USED]
3.7 FIELD !oR) SITE QUALITY CONTROL
A.Tests and Inspections
1.Inspect all products or equipment delivered to the site prior to unloading.
B.Non-Conforming Work
I.Reject all products or equipment that are damaged, used or in any other way
unsatisfactory for use on the project.
3.8 SYSTEM STARTUP [NOT USED)
3.9 ADJUSTING [NOT USED)
3.10 CLEANING [NOT USED)
3.11 CLOSEOUT ACTIVITIES [NOT USED)
3.12 PROTECTION
A.Protect all products or equipment in accordance with manufacturer's written directions.
B.Store products or equipment in location to avoid physical damage to items while in
storage.
C.Protect equipment from exposure to elements and keep thoroughly dry if required by
the manufacturer.
3.13 MAINTENANCE [NOT USED)
3.14 ATTACHMENTS [NOT USED)
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS
Revised April 7, 2014
Highpoilll Hill -Phase 3
City Project No. /00967
DATE NAME
4/7/2014 M.Domenech
CITY OF FORT WORTH
01 66 00 - 4
OAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 4 of 4
Revision Log
SUMMARY OF CHANGE
Revised for DAP application
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS Revised April 7, 2014
Highpoinl Hill -Phase 3
Cily Projec/ No. 100967
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01 70 00 - I DAP MOBILIZATION AND REMOBILIZATION
PART 1 -GENERAL
1.1 SUMMARY
SECTION 01 70 00
MOBILIZATION AND REMOBILIZATION
A.Section Includes:
1.Mobilization and Demobilization
a.Mobilization
Page I of 4
1)Transportation of Contractor's personnel, equipment, and operating supplies
to the Site
2)Establishment of necessary general facilities for the Contractor's operation
at the Site
3)Premiums paid for performance and payment bonds
4)Transportation of Contractor's personnel, equipment, and operating supplies
to another location within the designated Site
5)Relocation of necessary general facilities for the Contractor's operation
from 1 location to another location on the Site.
b.Demobilization
1)Transportation of Contractor's personnel, equipment, and operating supplies
away from the Site including disassembly
2)Site Clean-up
3)Removal of all buildings and/or other facilities assembled at the Site for this
Contract
c.Mobilization and Demobilization do not include activities for specific items of
work that are for which payment is provided elsewhere in the contract.
2.Remobilization
a.Remobilization for Suspension of Work specifically required in the Contract
Documents or as required by City includes:
l)Demobilization
a)Transportation of Contractor's personnel, equipment, and operating
supplies from the Site including disassembly or temporarily securing
equipment, supplies, and other facilities as designated by the Contract
Documents necessary to suspend the Work.
b)Site Clean-up as designated in the Contract Documents
2)Remobilization
a)Transpot1ation of Contractor's personnel, equipment, and operating
supplies to the Site necessary to resume the Work.
b)Establishment of necessary general facilities for the Contractor's
operation at the Site necessary to resume the Work.
3)No Payments will be made for:
a)Mobilization and Demobilization from one location to another on the
Site in the normal progress of performing the Work.
b)Stand-by or idle time
c)Lost profits
3.Mobilizations and Demobilization for Miscellaneous Projects
a.Mobilization and Demobilization
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
Highpoilll Hill -Phase 3
City Project No. /00967
01 70 00 - 2 OAP MOBILIZATION AND REMOBILIZATION
Page 2 of 4
1)Mobilization shall consist of the activities and cost on a Work Order basis
2 necessary for:
3 a)Transp01tation of Contractor's personnel, equipment, and operating
4 supplies to the Site for the issued Work Order.
5 b)Establishment of necessary general facilities for the Contractor's
6 operation at the Site for the issued Work Order
7 2)Demobilization shall consist of the activities and cost necessary for:
8 a)Transportation of Contractor's personnel, equipment, and operating
9 supplies from the Site including disassembly for each issued Work
10 Order
11 b)Site Clean-up for each issued Work Order
12 c)Removal of all buildings or other facilities assembled at the Site for
13 each Work Oder
14 b.Mobilization and Demobilization do not include activities for specific items of
15 work for which payment is provided elsewhere in the contract.
16 4.Emergency Mobilizations and Demobilization for Miscellaneous Projects
17 a.A Mobilization for Miscellaneous Projects when directed by the City and the
18 mobilization occurs within 24 hours of the issuance of the Work Order.
19 B.Deviations from this City of Fort W01th Standard Specification
20 1.None.
21 C.Related Specification Sections include, but are not necessarily limited to:
22 1.Division 0 -Bidding Requirements, Contract Forms and Conditions of the Contract
23 2.Division 1 -General Requirements
24 1.2 PRICE AND PAYMENT PROCEDURES
25 A.Measurement and Payment
26 I.Mobilization and Demobilization
27 a.Measure
28 1)This Item is considered subsidiary to the various Items bid.
29 b.Payment
30 1)The work performed and materials furnished in accordance with this Item
31 are subsidiary to the various Items bid and no other compensation will be
32 allowed.
33 2.Remobilization for suspension of Work as specifically required in the Contract
34 Documents
35 a.Measurement
36 1)Measurement for this Item shall be per each remobilization performed.
37 b.Payment
38 1)The work performed and materials furnished in accordance with this Item
39 and measured as provided under "Measurement" will be paid for at the unit
40 price per each "Specified Remobilization" in accordance with Contract
41 Documents.
42 c.The price shall include:
43 I)Demobilization as described in Section 1.1.A.2.a.1)
44 2)Remobilization as described in Section 1.1.A.2.a.2)
45 d.No payments will be made for standby, idle time, or lost profits associated this
46 Item.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS Revised April 7, 2014
Highpoint Hill -Phase 3
City Project No. 100967
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01 70 00 • 3
DAP MOBILIZATION AND REMOBILIZATION
3.Remobilization for suspension of Work as required by City
a.Measurement and Payment
Page 3 of 4
1)This shall be submitted as a Contract Claim in accordance with Article 10
of Section 00 72 00.
2)No payments will be made for standby, idle time, or lost profits associated
with this Item.
4.Mobilizations and Demobilizations for Miscellaneous Projects
a.Measurement
1)Measurement for this Item shall be for each Mobilization and
Demobilization required by the Contract Documents
b.Payment
1)The Work performed and materials furnished in accordance with this Item
and measured as provided under "Measurement" will be paid for at the unit
price per each "Work Order Mobilization" in accordance with Contract
Documents. Demobilization shall be considered subsidiary to mobilization
and shall not be paid for separately.
c.The price shall include:
1)Mobilization as described in Section 1.1.A.3 .a. I)
2) Demobilization as described in Section 1.1.A.3.a.2)
d.No payments will be made for standby, idle time, or lost profits associated this
Item.
5.Emergency Mobilizations and Demobilizations for Miscellaneous Projects
a.Measurement
1)Measurement for this Item shall be for each Mobilization and
Demobilization required by the Contract Documents
b.Payment
1)The Work performed and materials furnished in accordance with this Item
and measured as provided under "Measurement" will be paid for at the unit
price per each "Work Order Emergency Mobilization" in accordance with
Contract Documents. Demobilization shall be considered subsidiary to
mobilization and shall not be paid for separately.
c.The price shall include
1)Mobilization as described in Section 1.1.A.4.a)
2)Demobilization as described in Section 1.1.A.3 .a.2)
d.No payments will be made for standby, idle time, or lost profits associated this
Item.
37 1.3 REFERENCES [NOT USED]
38 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
39 1.5 SUBMITTALS [NOT USED]
40 1.6 INFORMATIONAL SUBMITTALS [NOT USED]
41 1.7 CLOSEOUT SUBMITTALS [NOT USED]
42 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
43 1.9 QUALITY ASSURANCE [NOT USED]
44 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED)
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS Revised April 7, 2014
Highpoint Hill -Phase 3
City Project No. /00967
01 70 00 - 4 OAP MOBILIZATION AND REMOBILIZATION
1.11 FIELD [SITE] CONDITIONS [NOT USED]
2 1.12 WARRANTY [NOT USED]
3 PART 2 -PRODUCTS [NOT USED]
4 PART 3 -EXECUTION [NOT USED]
5 END OF SECTION
6
7
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for OAP application
CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AW ARD ED PROJECTS Revised April 7, 2014
Page 4 of 4
Highpoint Hill -Phase 3
City Project No. 100967
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017423-1
OAP CLEANING
PART 1 -GENERAL
1.1 SUMMARY
A.Section Includes:
SECTION 01 74 23
CLEANING
Page I of 4
1.Intermediate and final cleaning for Work not including special cleaning of closed
systems specified elsewhere
B.Deviations from this City of Fort Worth Standard Specification
1.None.
C.Related Specification Sections include, but are not necessarily limited to:
1.Division 0-Bidding Requirements, Contract Forms and Conditions of the Contract
2.Division 1 -General Requirements
3.Section 32 92 13 -Hydro-Mulching, Seeding and Sodding
1.2 PRICE AND PAYMENT PROCEDURES
A.Measurement and Payment
1.Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A.Scheduling
1.Schedule cleaning operations so that dust and other contaminants disturbed by
cleaning process will not fall on newly painted surfaces.
2.Schedule final cleaning upon completion of Work and immediately prior to final
inspection.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 STORAGE, AND HANDLING
A.Storage and Handling Requirements
1.Store cleaning products and cleaning wastes in containers specifically designed for
those materials.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS
Revised April 7, 2014
Highpoint Hill -Phase 3
City Project No. /00967
01 74 23 - 2
DAP CLEANfNG
1.11 FIELD [SITE] CONDITIONS [NOT USED]
2 1.12 WARRANTY [NOT USED]
3 PART 2-PRODUCTS
4 2.1 OWNER-FURNISHED loR] OWNER-SUPPLIEDPRODUCTS [NOT USED]
5 2.2 MATERIALS
6 A.Cleaning Agents
7 1.Compatible with surface being cleaned
8 2.New and uncontaminated
9 3.For manufactured surfaces
10 a.Material recommended by manufacturer
11 2.3 ACCESSORIES [NOT USED]
12 2.4 SOURCE QUALITY CONTROL [NOT USED]
13 PART 3-EXECUTION
14
15
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18
19
3.1
3.2
3.3
3.4
3.5
3.6
INSTALLERS [NOT USED]
EXAMINATION [NOT USED]
PREPARATION [NOT USED]
APPLICATION [NOT USED]
REPAIR/ RESTORATION [NOT USED]
RE-INSTALLATION [NOT USED]
20 3.7 FIELD (oR] SITE QUALITY CONTROL [NOT USED]
21 3.8 SYSTEM STARTUP [NOT USED]
22 3.9 ADJUSTING [NOT USED]
23 3.10 CLEANING
24 A.General
25 1.Prevent accumulation of wastes that create hazardous conditions.
Page 2 of 4
26 2.Conduct cleaning and disposal operations to comply with laws and safety orders of
27 governing authorities.
28 3.Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in
29 storm or sanitary drains or sewers.
30 4.Dispose of degradable debris at an approved solid waste disposal site.
31 5.Dispose of nondegradable debris at an approved solid waste disposal site or in an
32 alternate manner approved by City and regulatory agencies.
CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AW ARD ED PROJECTS Revised April 7, 2014
Highpoint Hill -Phase 3
City Project No. 100967
(
(
l
0 I 74 23 - 3
OAP CLEANING
6.Handle materials in a controlled manner with as few handlings as possible.
Page 3 of 4
2 7.Thoroughly clean, sweep, wash and polish all Work and equipment associated with
3 this project.
4 8.Remove all signs of temporary construction and activities incidental to construction
5 of required permanent Work.
6 9.If project is not cleaned to the satisfaction of the City, the City reserves the right to
7 have the cleaning completed at the expense of the Contractor.
8 I 0. Do not burn on-site.
9 B.Intermediate Cleaning during Construction
10 I.Keep Work areas clean so as not to hinder health, safety or convenience of
11 personnel in existing facility operations.
12 2.At maximum weekly intervals, dispose of waste materials, debris and rubbish.
13 3.Confine construction debris daily in strategically located container(s):
14 a.Cover to prevent blowing by wind
15 b.Store debris away from construction or operational activities
16 c.Haul from site at a minimum of once per week
17 4.Vacuum clean interior areas when ready to receive finish painting.
18 a.Continue vacuum cleaning on an as-needed basis, until Final Acceptance.
19 5.Prior to storm events, thoroughly clean site of all loose or unsecured items, which
20 may become airborne or transported by flowing water during the storm.
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C.Exterior (Site or Right of Way) Final Cleaning
1.Remove trash and debris containers from site.
a.Re-seed areas disturbed by location of trash and debris containers in accordance
with Section 32 92 13.
2.Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object
that may hinder or disrupt the flow of traffic along the roadway.
3.Clean any interior areas including, but not limited to, vaults, manholes, structures,
junction boxes and inlets.
4.If no longer required for maintenance of erosion facilities, and upon approval by
City, remove erosion control from site.
5.Clean signs, lights, signals, etc.
32 3.11 CLOSEOUT ACTIVITIES [NOT USED]
33 3.12 PROTECTION [NOT USED]
34 3.13 MAINTENANCE [NOT USED]
35 3.14 ATTACHMENTS [NOT USED]
36
37
38
39
40
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS
Revised April 7, 2014
Highpoint Hill -Phase 3
City Project No. /00967
2
3
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for OAP application
CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPECIFIC A TJON DOCUMENTS -DEVELOPER AW ARD ED PROJECTS Revised April 7, 2014
01 74 23 - 4 DAP CLEANING
Page 4 of 4
Highpoint Hill-Phase 3
City Project No. /00967
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01 78 39 - I
DAP PROJECT RECORD DOCUMENTS
PART 1 -GENERAL
1.1 SUMMARY
A.Section Includes:
SECTION 01 78 39
PROJECT RECORD DOCUMENTS
Page I of 4
1.Work associated with the documenting the project and recording changes to project
documents, including:
a.Record Drawings
b.Water Meter Service Reports
c.Sanitary Sewer Service Reports
d.Large Water Meter Reports
B.Deviations from this City of Fort Worth Standard Specification
I.None.
C.Related Specification Sections include, but are not necessarily limited to:
I.Division 0-Bidding Requirements, Contract Forms and Conditions of the Contract
2.Division I -General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A.Measurement and Payment
1.Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
1.5 SUBMITT ALS
A.Prior to submitting a request for Final Inspection, deliver Project Record Documents to
City's Project Representative.
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS (NOT USED]
1.9 QUALITY ASSURANCE
A.Accuracy of Records
I.Thoroughly coordinate changes within the Record Documents, making adequate
and proper entries on each page of Specifications and each sheet of Drawings and
other Documents where such entry is required to show the change properly.
2.Accuracy of records shall be such that future search for items shown in the Contract
Documents may rely reasonably on information obtained from the approved Project
Record Documents.
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS
Revised April 7, 2014
Highpoint Hill -Phase 3
City Project No. /00967
01 78 39 - 2 OAP PROJECT RECORD DOCUMENTS
Page 2 of 4
1 3.To facilitate accuracy of records, make entries within 24 hours after receipt of
2 information that the change has occurred.
3 4.Provide factual information regarding all aspects of the Work, both concealed and
4 visible, to enable future modification of the Work to proceed without lengthy and
5 expensive site measurement, investigation and examination.
6 1.10 STORAGE AND HANDLING
7 A.Storage and Handling Requirements
8 1.Maintain the job set of Record Documents completely protected from deterioration
9 and from loss and damage until completion of the Work and transfer of all recorded
10 data to the final Project Record Documents.
11 2.In the event of loss of recorded data, use means necessary to again secure the data
12 to the City's approval.
13 a.In such case, provide replacements to the standards originally required by the
14 Contract 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 set
21 I.Promptly following receipt of the Notice to Proceed, secure from the City, at no
22 charge to the Contractor, I complete set of all Documents comprising the Contract.
23 B.Final Record Documents
24 I.At a time nearing the completion of the Work and prior to Final Inspection, provide
25 the City I complete set of all Final Record Drawings in the Contract.
26 2.3 ACCESSORIES [NOT USED]
27 2.4 SOURCE QUALITY CONTROL [NOT USED]
28 PART 3 -EXECUTION
29 3.1 INSTALLERS [NOT USED]
30 3.2 EXAMINATION [NOT USED]
31 3.3 PREPARATION [NOT USED]
32 3.4 MAINTENANCE DOCUMENTS
33 A.Maintenance of Job Set
34 I.Immediately upon receipt of the job set, identify each of the Documents with the
35 title, "RECORD DOCUMENTS -JOB SET".
CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS
Revised April 7, 2014
Highpoint Hill -Phase 3
City Project No. 100967
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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 determined by the Contractor, subject to the
City's approval.
2)However, design of future modifications of the facility may require
accurate information as to the final physical layout of items which are
shown only schematically on the Drawings.
b.Show on the job set of Record Drawings, by dimension accurate to within 1
inch, the centerline of each run of items.
1)Final physical arrangement is determined by the Contractor, subject to the
City's approval.
2)Show, by symbol or note, the vertical location of the Item ("under slab", "in
ceiling plenum", "exposed", and the like).
3)Make all identification sufficiently descriptive that it may be related
reliably to the Specifications.
c.The City may waive the requirements for conversion of schematic layouts
where, in the City's judgment, conversion serves no useful purpose. However,
do not rely upon waivers being issued except as specifically issued in writing
by the City.
Final Project Record Documents
I.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 Highpoint Hill -Phase 3
City Project No. /00967 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS Revised April 7, 2014
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01 78 39 - 4
OAP PROJECT RECORD DOCUMENTS
d.Make changes neatly, consistently and with the proper media to assure
longevity 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 of
the Work, and if entries thereon have been orderly to the approval of the City,
the job set of those Documents, other than Drawings, will be accepted as final
Record Documents.
b.If any such Document is not so approved by the City, secure a new copy of that
Document from the City at the City's usual charge for reproduction and
handling, and carefully transfer the change data to the new copy to the approval
of the City.
12 3.5 REPAIR/ RESTORATION [NOT USED]
13 3.6 RE-INSTALLATION [NOT USED]
14 3.7 FIELD (oR] SITE QUALITY CONTROL [NOT USED]
15
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3.8 SYSTEM STARTUP [NOT USED]
3.9 ADJUSTING [NOT USED]
17 3.10 CLEANING [NOT USED]
18 3.11 CLOSEOUT ACTIVITIES [NOT USED]
19 3.12 PROTECTION [NOT USED]
20 3.13 MAINTENANCE [NOT USED]
21 3.14 ATTACHMENTS [NOT USED]
22 END OF SECTION
23
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Revision Log
DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for OAP Application
CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER A WARDED PROJECTS Revised April 7, 2014
Highpoint Hill -Phase 3
City Project No. 100967
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