HomeMy WebLinkAboutContract 57154TRAIL GAP CONNECTIONS
101632
Park & Recreation Department
2021
Park & Recreation Department
CSC No. 57154
fORTWORTH®
City of Fort Worth
Standard Construction Specification
Documents
Adopted September 2011
101632
101632
101632
City of Fort Worth,
Mayor and
DATE: 12/14/21
Texas
Council Communication
M&C FILE NUMBER: M&C 21-0998
LOG NAME: 80TRAILGAP 2LCONSTRUCTION
SUBJECT
Page 1 of 2
(CD 2 and CD 4) Authorize Execution of a Construction Contract with 2L Construction, LLC, in the Amount of $1,386,580.00 for the Trail Gap
Connections Project (2018 Bond Program)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a construction contract with 2L Construction, LLC, in the amount of $1,386,580.00
for the Trail Gap Connections Project (City Project No. 101632).
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a contract with 2L Construction, LLC, in the amount of
$1,386,580.00 for the Trail Gap Connections Project (City Project No. 101632).
On April 16, 2019 (M&C C-29099) the City Council authorized execution of an engineering agreement with Parkhill, Smith & Cooper Inc., d/b/a
Schrickel Rollins / PSC (City Secretary Contract No. 52228) in the amount of $398,732.00 for the Trail Gap Connections project to provide the
engineering services needed for the design and development of construction documents.
The project was posted on the city purchasing website on September 23, 2021, and advertised in the Fort Worth Star-Telegram on September
23, 2021 & September 30, 2021. A pre-bid conference was held October 7, 2021. The following bids were received on October 21, 2021.
CONTRACTOR TOTAL BID
2L Construction, LLC $1,386,580.00
North Rock Construction, LLC $1,543,485.64
NorthstarConstruction, LLC $1,569,424.00
Ratliff Hardscape, Ltd. $1,577,092.75
Urban Infraconstruction, LLC $1,676,292.53
The Fain Group, Inc. $1,691,981.01
Capko Concrete Structures, LLC $1,719,935.75
J.B. & Co., LLC $1,797,061.00
West Texas Rebar Placers, Inc. $2,063,227.06
HQS Construction, LLC $2,120,543.50
FNH Construction, LLC Non-Compliant
MSB Constructors, Inc. Non-Compliant,
Improvements include demolition, earthwork, seeding & sodding, concrete paving for pedestrian trail and traffic signals.
Construction of this project is anticipated to begin in February of 2022 and estimated to be completed in November of 2022.
The impact on the Park & Recreation Department's annual operating budget once the Trail Gap Connections at Buck Samson Park and Arcadia
Park North are completed will be $19,222.00. As of September 30, 2021, the cumulative total of all previously approved M&C's increased the
departmenYs estimated annual maintenance by $456,391.00 beginning in FY2023.
This project is included in the 2018 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt
is issued. Once debt associated with the project is sold, bond proceeds will reimburse the General Fund in accordance with the statement
expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 23209-05-2018)
and subsequent actions taken by the Mayor and Council.
Compliance with the City's Business Equity Ordinance has been achieved by the following method: 2L Construction, LLC, is in compliance with the
City's Business Equity Ordinance by committing to 20.65% Business Equity participation on this project. The City's Business Equity goal for this
project is 17%.
00 05 10
MAYOR AND COUNCIL COMMUNICATION
The Trail Gap Connections project is located in COUNCIL DISTRICT 2 and COUNCIL DISTRICT 4.
101632
101632
101632
00 11 13
INVITATION TO BIDDERS
SECTION 0011 13
INVITATION TO BIDDERS
RECEIPT OF BIDS
Page 1 of 2
Sealed bids for the construction of Trail Gap Connecfions ("Project") will be received by the
City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, October 21, 2021 as further
described below:
City of Fort Worth
Purchasing Division
200 Texas Street
Fort Worth, Texas 76102
Bids will be accepted by: US Mail, Courier, FedEx or hand delivery at the address above;
Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers.
GENERAL DESCRIPTION OF WORK
The major work will consist of the (approximate) following: demolition, earthwork, seeding &
sodding, concrete paving of pedestrian trail and traffic signals.
PREQUALIFICATION
Not applied.
DOCUMENT EXAMINATION AND PROCUREMENTS
The Bidding and Contract Documents may be examined or obtained on-line by visiting the City
of Fort Worth's Purchasing Division website at http://www.fortworthtexas.�ov/purchasin�/ and
clicking on the link to the advertised project folders on the City's electronic document
management and collaboration system site. The Contract Documents may be downloaded,
viewed, and printed by interested contractors and/or suppliers.
EXPRESSION OF INTEREST
To ensure potential bidders are kept up to date of any new information pertinent to this project, all
interested parties are requested to email Expressions of Interest in this procurement to the City
Project Manager and the Design Engineer. The email should include the company's name,
contact person and that individuaPs email address and phone number. All Addenda will be
distributed directly to those who have eXpressed an interest in the procurement and will also be
posted in the City of Fort Worth's purchasing website at http://fortworthteXas.gov/purchasing/
PRE-BID CONFERENCE — WebEx Conference
A pre-bid online conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS
TO BTDDERS at the following date, and time via a web conferencing application:
DATE: October 07, 2021
TIME: 10:00 A.M. CST
invitations with links to the web conferencing application will be distributed directly to those
who have submitted an Expression of Interest. The presentation and any questions and answers
provided at the pre-bid conference will be issued as an Addendum to the call for bids.
CITY OF FORT WORTH Trail Gap Connections
STANDARD CONSTRUCTION SPLCIC'[CATION DOCUMENT 101632
Revised 7/19/2021
00 11 13
INVITATION TO BIDDERS
Page 2 of 2
If a pre-bid conference is not being held, prospective bidders can e-mail questions or comments
in accordance with Section 6 of the Instructions to Bidders referenced above to the project
manager(s) at the e-mail addresses listed below. Emailed questions will suffice as "questions in
writing." If necessary, Addenda will be issued pursuant to the Instructions to Bidders.
CITY'S RIGHT TO ACCEPT OR REJECT BIDS
City reserves the right to waive irregularities and to accept or reject any or all bids.
AWARD
City will award a contract to the Bidder presenting the lowest price, qualifications and
competencies considered.
FUNDING
Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from
revenues generated from 2018 Bond program and reserved by the City for the Project.
INQUIRIES
All inquiries relative to this procurement should be addressed to the following:
Atm: Jing Yang, City ofFort Worth
Email: Jin .g Yan�a,fortworthteXas._�ov
Phone: 817-392-5742
ADVERTISEMENT DATES
1 st date for advertisement September 23, 2021
2nd date for advertisement September 30, 2021
END OF SECTION
CITY OF FORT WOR"fH Trail Gap Connections
STANDARD CONSTRUCTION SPLCIFICATION DOCUMENT 101632
Revised 7/19/2021
00 21 13
INSTRUCTIONS TO BIDDERS
SECTION 00 21 13
INSTRUCTIONS TO BIDDERS
1. Defined Terms
Pagc l of 10
1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section
00 72 00 - GENERAL CONDiTiONS.
1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the
meanings indicated below which are applicable to both the singular and plural thereof.
1.2.1.Bidder: Any person, firm, partnership, company, association, or corporation acting
directly through a duly authorized representative, submitting a bid for performing
the work contemplated under the ContractDocuments.
1.2.2.Nonresident Bidder: Any person, firm, partnership, company, association, or
corporation acting directly through a duly authorized representative, submitting a
bid for performing the work contemplated under the Contract Documents whose
principal place of business is not in the State ofTexas.
1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City
(on the basis of City's evaluation as hereinafter provided) makes an award.
2. Copies of Bidding Documents
2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations
resulting from the Bidders use of incomplete sets of Bidding Documents.
2.2. City and Engineer in making copies of Bidding Documents available do so only for the
purpose of obtaining Bids for the Work and do not authorize or confer a license or grant
for any other use.
3.
.
� � • .. •
� � _ • ♦ ♦ • � . � � � � _ • • • • � ♦ _ � � _ �
��
1 � I � � _ • ♦ ♦ � � ♦ � � ♦ � �
�
� 11
�
�
�
� �
.. j.w �
CITY OF FORT WOR"fH Trail Gap Connections
STANDARD CONSTRUCTION SPLCIC'ICAI'ION DOCUMENT 101632
Revised/Updated August 13, 2021
00 21 13
INSTRUCTIONS TO BIDDERS
3.1.1. .
Page 2 of 10
.,�,... _
.. .. � � �
� � � � �_ � �. . � �.
� � . � �. . � �. . .. _• . . •. � �. _• —
� _ � � _ . � � _ • � � � � • . � � • . � . • �
D...,.7.. ,..1 D ��«;.,,, T �;...' ' ♦., .1....,,,ti. � 1.. .l �•
3.1.2. � � ���e�ie�e�t��e��e�t�
. ._ ._ . � � �
'"J'
1 � 1 � \ � 1 � � � 1 � � �
� � • � � � . . � � • 1 � � . 1 � � � I
� � � � � _ � � � � _ � \ I \
3.1.3. T'-��e� �„za�n�ewe��e�e��s-�ec�e�+�e-��e�-��
e.y. -
. . . . � � �
� � .� ��. � � � � .�
� � � � � � � � - � � � � � -
..��
� �
.
� � � i
. � � _ � � � _ � . . � .
3.2.1.
+t,o r:�., ,, r�.,,.� ., .;ao,a :� n.,,.,,,�,..,�t, � t
.:�;• _
.
.
3.4. � ,
.:.t,;� . „+:,.�., ,.�'��.o r��+,..,,.�n,.,.,,.,,o.,��
3.5. c�o,.;,.i „ „i:�;,.,.�;,...� ,.o ,.oa � .. �t,;� � o,.. ; ,.i„ao �t,o � ii,... ;
4. Examination of Bidding and Contract Documents, Other Related Data, and Site
4.1. Before submitting a Bid, eachBidder:
CI"1'Y OF FOR"I' WORTH Trail Gap Connections
STANDARD CONSTRUCTION SPLCIC'ICAI'ION DOCUMENT 101632
Revised/Updated August 13, 2021
00 21 13
INSTRUCTIONS TO BIDDERS
Pagc 3 of 10
4.1.1. Shall examine and carefully study the Contract Documents and other relateddata
identified in the Bidding Documents (including "technical data" referred to in
Paragraph 4.2. below). No information given by City or any representative of the
City other than that contained in the Contract Documents and official ly
promulgated addenda thereto, shall be binding upon theCity.
4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general,
local and site conditions that may affect cost, progress, performance or furnishing
of the Work.
4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost,
progress, performance or furnishing of the Work.
, • . ..
� ���. ���. �
._ �. . • .
�
.
4.1.5. Shall study a1L (i) reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions relating to eXisting
surface or subsurface structures at the Site (except Underground Facilities) that
have been identified in the Contract Documents as containing reliable "technical
data" and (ii) reports and drawings of Hazardous Environmental Conditions, ifany,
at the Site that have been identified in the Contract Documents as containing
reliable "technical data."
4.1.6.Is advised that the Contract Documents on file with the City shall constitute all of
the information which the City will furnish. All additional information and data
which the City will supply after promulgation of the formal Contract Documents
shall be issued in the form of written addenda and shall become part of the Contract
Documents just as though such addenda were actually written into the original
Contract Documents. No information given by the City other than that contained in
the Contract Documents and officially promulgated addenda thereto, shall be
binding upon the City.
4.1.7. Should perform independent research, investigations, tests, borings, and such other
means as may be necessary to gain a complete knowledge of the conditions which
will be encountered during the construction of the project. For projects with
restricted access, upon request, City may provide each Bidder access to the site to
conduct such examinations, investigations, explorations, tests and studies as each
Bidder deems necessary for submission of a Bid. Bidder must fill all holes and
clean up and restore the site to its former conditions upon completion of such
eXplorations, investigations, tests andstudies.
CI"1'Y OF FOR"I' WORTH Trail Gap Connections
STANDARD CONSTRUCTION SPLCIC'ICAI'ION DOCUMENT 101632
Revised/Updated August 13, 2021
00 21 13
INSTRUCTIONS TO BIDDERS
Page 4 of 10
4.1.8. Shall determine the difficulties of the Work and all attending circumstances
affecting the cost of doing the Work, time required for its completion, and obtain all
information required to make a proposal. Bidders shall rely eXclusively and solely
upon their own estimates, investigation, research, tests, explorations, and other data
which are necessary for full and complete information upon which the proposal is
to be based. It is understood that the submission of a proposal or bid is prima-facie
evidence that the Bidder has made the investigations, examinations and tests herein
required..
4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or
between the Contract Documents and such other related documents. The Contractor
shall not take advantage of any gross error or omission in the Contract Documents,
and the City shall be permitted to make such corrections or interpretations as may
be deemed necessary for fulfillment of the intent of the ContractDocuments.
4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of:
4.2.1.those reports of explorations and tests of subsurface conditions at or contiguousto
the site which have been utilized by City in preparation of the Contract Documents.
The logs of Soil Borings, if any, on the plans are for general information only.
Neither the City nor the Engineer guarantee that the data shown is representative of
conditions which actually exist.
4.2.2.those drawings ofphysical conditions in or relating to existing surface and
subsurface structures (except Underground Facilities) which are at or contiguous to
the site that have been utilized by City in preparation of the ContractDocuments.
4.2.3. copies of such reports and drawings will be made available by City to any Bidder
on request. Those reports and drawings may not be part of the Contract
Documents, but the "technical data" contained therein upon which Bidder is entitled
to rely as provided in Paragraph 4.02. of the General Conditions has been identified
and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is
responsible for any interpretation or conclusion drawn from any "technical data" or
any other data, interpretations, opinions orinformation.
4.2.4. Standard insurance requirements, coverages and limits.
4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i)
that Bidder has complied with every requirement of this Paragraph 4, (ii) that without
exception the Bid is premised upon performing and furnishing the Work required by the
Contract Documents and applying the specific means, methods, techniques, sequences or
procedures of construction (if any) that may be shown or indicated or expressly required
by the Contract Documents, (iii) that Bidder has given City written notice of all
conflicts, errors, ambiguities and discrepancies in the Contract Documents and the
written resolutions thereof by City are acceptable to Bidder, and when said conflicts,
etc., have not been resolved through the interpretations by City as described in
Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate
and convey understanding of all terms and conditions for performing and furnishing the
Work.
CI"1'Y OF FOR"I' WORTH Trail Gap Connections
STANDARD CONSTRUCTION SPLCIC'ICAI'ION DOCUMENT 101632
Revised/Updated August 13, 2021
00 21 13
INSTRUCTIONS TO BIDDERS
Page 5 of 10
4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated
biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by
Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract
Documents.
5. Availability of Lands for Work, Etc.
5.1. The lands upon which the Work is to be performed, rights-of-way and easements for
access thereto and other lands designated for use by Contractor in performing the Work
are identified in the Contract Documents. All additional lands and access thereto
required for temporary construction facilities, construction equipment or storage of
materials and equipment to be incorporated in the Work are to be obtained and paid for
by Contractor. Easements for permanent structures or permanent changes in existing
facilities are to be obtained and paid for by City unless otherwise provided in the
Contract Documents.
5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the Ciry are listed
in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right-
of-way, easements, and/or permits are not obtained, the City reserves tbe right to cancel
the award of contract at any time before the Bidder begins any construction work on the
proj ect.
53. The Bidder shall be prepared to commence construction without all executed right-of-
way, easements, and/or permits, and shall submit a schedule to the City of how
construction will proceed in the other areas of the project that do not require permits
and/or easements.
6. Interpretations and Addenda
6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to
City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions
received after this day may not be responded to. interpretations or clarifications
considered necessary by City in response to such questions will be issued by Addenda
delivered to all parties recorded by City as having received the Bidding Documents.
Only questions answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
Address questions to:
City of Fort Worth
200 Texas Street
Fort Worth, TX 76102
Attn: Jing Yang, Park & Recreation Department
Email: jing.yang@fortworthtexas.gov
Phone: 817-392-5742
6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by
City.
CI"1'Y OF FOR"I' WORTH Trail Gap Connections
STANDARD CONSTRUCTION SPLCIC'ICAI'ION DOCUMENT 101632
Revised/Updated August 13, 2021
,
00 21 13
INSTRUCTIONS TO BIDDERS
Page 7 of 10
11.1. Tn accordance with the City's Business Equity Ordinance No. 24534-11-2020 the
City has goals for the participation of minority business and/or women business
enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the
M/WBE Project Goals and additional requirements. Failure to comply shall render
the Bidder as non-responsive.
Business Equity Ordinance No. 24534-ll-2020, as amended, codified at:
https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_�/0-0-0-22593
11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person
or organization against whom Contractor has reasonable objection.
12. Bid Form
12. L The Bid Form is included with the Bidding Documents; additional copies may be
obtained from the City.
12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink.
Erasures or alterations shall be initialed in ink by the person signing the Bid Form.A
Bid price shall be indicated for each Bid item, alternative, and unit price item listed
therein. ln the case of opfional alternatives, the words "No Bid," "No Change," or
"Not Applicable" may be entered. Bidder shall state the prices for which the Bidder
proposes to do the work contemplated or furnish materials required. All entries shall
be legible.
123. Bids by corporations shall be executed in the corporate name by the president or a
vice-president or other corporate officer accompanied by evidence of authority to
sign. The corporate seal shall be affixed. The corporate address and state of
incorporation shall be shown below the signature.
12.4. Bids by partnerships shall be executed in the partnership name and signed by a
partner, whose title must appear under the signature accompanied by evidence of
authority to sign. The official address of the partnership shall be shown below the
signature.
12.5. Bids by limited liability companies shall be executed in the name of the firm by a
member and accompanied by evidence of authority to sign. The state of formation of
the firm and the official address of the firm shall beshown.
12.6. Bids by individuals shall show the Bidder's name and official address.
12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated
on the Bid Form. The official address of the joint venture shall be shown.
12.8. All names shall be typed or printed in ink below the signature.
12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of
which shall be filled in on the BidForm.
CI"1'Y OF FOR"I' WORTH Trail Gap Connections
STANDARD CONSTRUCTION SPLCIC'ICAI'ION DOCUMENT 101632
Revised/Updated August 13, 2021
00 21 13
INSTRUCTIONS TO BIDDERS
Page 8 of 10
12.10. Postal and e-mail addresses and telephone number for communications regarding the
Bid shall be shown.
12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of
Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance
to State Law Non Resident Bidder.
13. Submission of Bids
Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents,
at the time and place indicated in the Advertisement or INViTATION TO BIDDERS,
addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed
envelope, marked with the City Project Number, Project title, the name and address of
Bidder, and accompanied by the Bid security and other required documents. lf the Bid is sent
through the mail or other delivery system, the sealed envelope shall be enclosed in a separate
envelope with the notation 'BID ENCLOSED" on the face of it.
14. Withdrawal of Bids
14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may
be withdrawn prior to the time set for bid opening. A request for withdrawal must be
made in writing and delivered to the Purchasing Office to receive a time stamp prior
to the opening of Bids. A timely withdrawn bid will be returned to the Bidder or, if
the request is within one hour of bid opening, will not be read aloud and will
thereafter be returned unopened.
14.2. In the event any Bid for which a withdrawal request has been timely filed has been
inadvertently opened, said Bid and any record thereof will subsequently be marked
"Withdrawn" and will be given no further consideration for the award ofcontract.
15. Opening of Bids
Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and
major alternates (if any) will be made available to Bidders after the opening of Bids.
16. Bids to Remain Subject toAcceptance
All Bids will remain subject to acceptance for a minimum of 90 days or the time period
specified for Notice of Award and execution and delivery of a complete Agreement by
Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid
security prior to that date.
17. Evaluation of Bids and Award ofContract
17.1. City reserves the right to reject any or all Bids, including without limitation the rights
to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids
and to reject the Bid of any Bidder if City believes that it would not be in the best
interest of the Project to make an award to that Bidder. City reserves the right to
waive informalities not involving price, contract time or changes in the Work and
award a contract to such Bidder. Discrepancies between the multiplication of units of
Work and unit prices will be resolved in favor of the unit prices. Discrepancies
between the indicated sum of any column of figures and the correct sum thereof will
be resolved in favor of the correct sum. Discrepancies between words and figures
will be resolved in favor of thewords.
CI"1'Y OF FOR"I' WORTH Trail Gap Connections
STANDARD CONSTRUCTION SPLCIC'ICAI'ION DOCUMENT 101632
Revised/Updated August 13, 2021
00 21 13
INSTRUCTIONS TO BIDDERS
Page 9 of 10
17.1.l . Any or all bids will be rejected if City has reason to believe that collusion exists
among the Bidders, Bidder is an interested party to any litigation against City,
City or Bidder may have a claim against the other or be engaged in litigation,
Bidder is in arrears on any existing contract or has defaulted on a previous
contract, Bidder has performed a prior contract in an unsatisfactory manner, or
Bidder has uncompleted work which in the j udgment of the City will prevent or
hinder the prompt completion of additional work ifawarded.
17.2. In addition to Bidder's relevant prequalification requirements, City may consider the
qualifications and experience of Subcontractors, Suppliers, and other persons and
organizations proposed for those portions of the Work where the identity of such
Subcontractors, Suppliers, and other persons and organizations must be submitted as
provided in the Contract Documents or upon the request of the City. City also may
consider the operating costs, maintenance requirements, performance data and
guarantees of major items of materials and equipment proposed for incorporation in
the Work when such data is required to be submitted prior to the Notice ofAward.
173. City may conduct such investigations as City deems necessary to assist in the
evaluation of any Bid and to establish the responsibility, qualifications, and financial
ability of Bidders, proposed Subcontractors, Suppliers and other persons and
organizations to perform and furnish the Work in accordance with the Contract
Documents to City's satisfaction within the prescribedtime.
17.4. Contractor shall perform with his own organization, work of a value not less than
35°/o ofthe value embraced on the Contract, unless otherwise approved by theCity.
17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and
responsive Bidder whose evaluation by City indicates that the award will be in the
best interests of the City.
17.6. Pursuant to TeXas Government Code Chapter 2252.001, the City will not award
contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than
the lowest bid submitted by a responsible Texas Bidder by the same amount that a
Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a
comparable contract in the state in which the nonresident's principal place of
business is located.
17.7. A contract is not awarded until formal City Council authorization. If the Contract is
to be awarded, City will award the Contract within 90 days after the day of the Bid
opening unless eXtended in writing. No other act of City or others will constitute
acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by
the City.
17.7.1. The contractor is required to fill out and sign the Certifcate of Interested
Parties Form 1295 and the form must be submitted to the Project Manager
before the contract will be presented to the City Council. The form can be
obtained athtt�s://www.ethics.state.tx.us/data/forms/1295/1295.�df
17.8. Failure or refusal to comply with the requirements may result in rejection ofBid.
CI"1'Y OF FOR"I' WORTH Trail Gap Connections
STANDARD CONSTRUCTION SPLCIC'ICAI'ION DOCUMENT 101632
Revised/Updated August 13, 2021
00 21 13
INSTRUCTIONS TO BIDDERS
18. Signing of Agreement
Page 10 of 10
18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied
by the required number of unsigned counterparts of the Project Manual. Within l 4
days thereafter, Contractor shall sign and deliver the required number of counterparts
of the Project Manual to City with the required Bonds, Certificates of Insurance, and
all other required documentation.
18.2. City shall thereafter deliver one fully signed counterpart to Contractor.
END OF SECTION
CI"1'Y OF FOR"I' WORTH Trail Gap Connections
STANDARD CONSTRUCTION SPLCIC'ICAI'ION DOCUMENT 101632
Revised/Updated August 13, 2021
101632
101632
101632
101632
101632
101632
101632
101632
101632
101632
00 32 153-0
— PROGRESS NARRATIVE
Page 1 of 1
SECTION 00 32 15.3
CONSTRUCTION PROJECT SCHEDULE PROGRESS NARRATIVE
Reporting Period: Date Issued:
Project Name: Company Name:
City Project No: Engineer's Project No:
City Project Manager: Engineer's Project Manager:
A. List of activities accomplished in the reporting period.
1. (insert text here)
2. (insert text here)
3. (insert text here)
4. (insert text here)
5. (insert text here)
6. (insert text here)
B. List of activities to be accomplished in the next reporting period
1. (insert text here)
2. (insert text here)
3. (insert text here)
4. (insert text here)
5. (insert text here)
6. (insert text here)
C. List any potential delays and provide mitigationactions
1. (insert text here)
2. (insert text here)
3. (insert text here)
D. List any actual delays and provide recovery actions
1. (insert text here)
2. (insert text here)
3. (insert text here)
City of Fort Worth, Texas
Construction Project Schedule Narrative Report for CFW Projects
TPW Official Release Date: 7.20.2018
Page 1 of 1
101632
101632
Add Document
101632
Browse
Open
Next.
101632
Subject
Comment
Next
101632
To
To Copy
Paste Comment
Finish
101632
101632
101632
101632
101632
cost loaded
101632
project number name of the project baseline
year and month
101632
within ten workdays
101632
101632
within ten workdays
.xer, .xml, .mpx pdf
.xls
.xlsx
within ten
workdays of the Notice of Award
101632
within five workdays
by the
last day of each month
within 5 workdays
101632
101632
003513-1
CONFLICT OF [NTEREST AFFIDAVIT
Page 1 of 1
SECTION 00 35 13
CONFLICT OF INTEREST AFFIDAVIT
Each bidder, offeror or respondent (hereinafter referred to as "You") to a City of Fort Worth
procurement may be required to complete a Conflict of Interest Questionnaire (the attached CIQ
Form) and/or a Local Government Officer Conflicts Disclosure Statement (the attached CIS
Form) pursuant to state law. You are urged to consult with counsel regarding the applicability of
these forms to your company.
The referenced forms may be downloaded from the links provided below.
http://�vww.ethics.state.tx.us/fonns/CIO.pdf
http://w�vw.ethics.state.tx.us/fonns/C (S.pdf
� CIQ Form does not apply
� CIQ Form is on file with City Secretary
� CIQ Form is being provided to the City Secretary
� CIQ Form does not apply
� CIS Form is on File with City Secretary
� CIS Form is being provided to the City Secretary
BIDDER:
�{_ CarL]�� ��7LT��� , {�LL. By:_1-�t12v�ory � �sr-1��
Company (Pl ase Print)
(�] '�LVJK �� '� Signature:
Address
i��-�7+y1� , l X `7�C7�] `2i Title:
City/State/Zip
r��Dc.N i
(Please Print)
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised August 21, 2018
Trail Gap Connections
[O[6�?
00 35 13
CONFLICT OF INTEREST AFFIDAVIT
Page 1 of 1
SECTION 00 3513
CONFLICT OF INTEREST STATEMENT
Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a
Conflict of Interest Questionnaire or certify that one is current and on file with the City
Secretary's Office pursuant to state law.
If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant
City Managers, or an agent of the City who exercises discretion in the planning, recommending,
selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then
a Local Govemment Officer Conflicts Disclosure Statement (CIS) may be required_
You are urged to consult with counsel regarding the applicability of these forms and Local
Government Code Chapter 176 to your company.
The referenced forms may be downloaded from the links provided below.
https://www.eth ics.state.tx.us/data/f'onns/confl ict/C[O.pdf
https://www.eth ics.state.tx. us/data/forms/confl ict/Cl S. pdf
Q CIQ Form is on file with City Secretary
� CIQ Form is being provided to the City Secretary
0 CIS Form does not apply
� CIS Form is on File with City Secretary
0 CIS Form is being provided to the City Secretary
SIDDER:
��- �c+JS � i2u� �tiJ r.] , Li...L By: _I� A R,M0:�1 � r � 5 i-lr !2
Company (Please Print
j�� ��4 �� � Signature: _ ��--- �
Address
�F-�r-t� . 4 X �b0�7� Title: I�RtSi�El�iT
City/State/Zip (Please Print)
END OF SECTION
CITY OF FORT WORTH Trai] Gap Connections
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS »f 6j �
Revised February 24, 2020
00 41 00
BID FORM
Page 1 of 3
SECTION 00 4100
BID FORM
TO: The Purchasing Manager
c/o: The Purchasing Division
200 Texas Street
City of Fort Worth, Texas 76102
FOR: Trail Gap Connections
Buck Sansom Park to Hwy 820, and Arcadia Park South to Beach Street
City Project No.: 101632
Units/Sections: Park & Recreation Department
1. EnterintoAgreement
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form
included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents
for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions
of the Contract Documents.
2. BIDDERAcknowledgements and Certification
2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and
INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond.
2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will
provide a valid insurance certificate meeting all requirements within 14 days of notification of award.
2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed
individual or entity and is not submitted in conformity with any collusive agreement or rules of any group,
association, organization, orcorporation.
2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.
2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding.
2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract.
For the purposes of this Paragraph:
a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing ofvalue likely to
influence the action of a public official in the bidding process.
b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the
bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive
levels, or (c) to deprive City of the benefits of free and open competition.
c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or
without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-
competitive levels.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised March 9, 2020
00 41 00 Bid Proposal Workbook AD1
0o ai o0
BID FORM
Page 2 of 3
d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their
property to influence their participation in the bidding process or affect the execution of the
Contract.
3—�e�i+ali#+satiep-Not Applied
�e �id� a�sl�ewled�es ##�a� i�e #e4lewi�� w� E�es �s# �e �eF#ec�ned ealY b� �e�aali#ied se�#�as#e�s afl�
SH�6AR�F&6�AFS=-
a. Not Applied
b. Not Applied
c. Not Applied
d. Not Applied
4. Time of Completion
4.1. The Work will be complete for Final Acceptance within 180 calendar days after the date when the
the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.
4.2. Bidder accepts the provisions of the Agreement as to $650 per day liquidated damages in the event of failure
to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement.
5. Attached to this Bid
The following documents are attached to and made a part of this Bid:
a. This Bid Form, Section 00 41 00
b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph
5.01 of the General Conditions.
c. Proposal Form, Section 00 42 43
d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37
e. MWBE Forms (optional at time of bid)
f. Conflict of Interest A#+�a�+�-Statement, Section 00 35 13
'If necessary, CIQ or CIS forms are to be provided directly to City Secretary
g. Any additional documents that may be required by Section 12 of the Instructions to Bidders
6. Total Bid Amount
6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In
the space provided below, please enter the total bid amount for this project. Only this figure will be read
publicly by the City at the bid opening.
6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is
subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective
estimated quantities shown in this proposal and then totaling all of the extended amounts.
CITV OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised March 9, 2020 00 41 00 Bid Proposal Workbook AD1
0o ai o0
BID FORM
Page 3 of 3
6.3.
Total Bid
7. Bid Submittal
This Bid is submitted on
October 21, 2021
Respecifully s b ` itted,
�
sy: �
�5ignature
Harmon R Fisher
(Printed Name)
$1�386�5go, oc�
by the entity named below.
Receipt is acknowledged of the Initial
following Addenda:
Addendum No. 1: HRF
Addendum No. 2:
Addendum No. 3:
Addendum No. 4:
Title: President
Company: 2L Construction, LLC
Address: P.O Box 397
Rhome, TX 76078
State of Incorporation: Texas
Email: chip@2lconstruction.com
Phone: 940-433-2670
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCtJMENTS
Form Revised March 9, 2020
Corporate Seal:
00 41 00 Bid Proposal Workbook AD1
00 31 43
BID PROPOSnL
Page 1 of?
SECTION 00 42 43
PROPOSALFORM
UNIT PRICE BID
Project Item Information
Bidlist I
No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Description
MOBILIZATION (maximum 10% of total Bid)
TEMPORARY CONSTRUCTION SIGN
R.O.W. PREPARATION
REMOVING CONCRETE
REMOVING TREES
REMOVING CURB
REMOVE RETAINING WALL
REMOVING FENCE
RELOCATE TRAFFIC SIGNS
ADJUST SS MANHOLE
RELOCATE PHONE RISER
REMOVING CONCRETE FOOTINGS
ADJUST WATER VALVE
ADJUST TELEPHONE VAULT
ADJUST WATER METER VAULT
TREE PROTECTION FENCE (INSTALL & REMOVE)
INSTALL STABILIZED CONSTRUCTION EXISTS
REMOVE STABILIZED CONSTRUCTION EXISTS
INSTALLTEMPORARYSEDIMENTCONTROLFENCE
REMOVETEMPORARYSEDIMENTCONTROLFENCE
CONCRETE WASHOUT (INSTALL & REMOVE)
INLET PROTECTION (INSTALL & REMOVE)
STORM WATER POLLUTION PREVENTION PLAN
EXCAVATION (include all rough and fine grading)
EMABANKMENT
IMPORTED FILL
CONCRETE SIDEWALK
CONCRETE CURB & GUTTER
TURNED UP CONCRETE EDGE
RIPRAP
CURB RAMP
18" DIA. DRILLED CONCRETE SHAFT
CAST IN PLACE CONCRETE
GUARDRAIL
COLLAPSIBLE BOLLARD
PEDESTRIAN CROSSING SIGNS
NARROW LANE WARNING SIGN
TRAFFIC SIGNALS
TRAFFIC CONTROL
FINE GRADING
BLOCK SODDING
HYDROSEEDING _ __
SOIL RETENTION BLANKETS
MAINTENANCE AND ESTABLISHMENT
BARBED WIRE FENCING
REMOVE EXISTING CROSSWALK STRIPING
CONTRAST CROSSWALK STRIPING
STOP BAR STRIPING
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 201201?0
Specification
Section No.
Unit of
Measure
LS
EA
STA
SY
EA
LF
LF
LF
EA
EA
EA
EA
EA
EA
EA
LF
SY
SY
LF
LF
SY
EA
LS
CY
CY
CY
SY
LF
SFF
CY
EA
EA
CY
LF
EA
EA
EA
LS
LS
SY
SY
SY
SY
LS
LF
LS
LF
LF
Bidder's Application
Bid
Quantity
1
4
91
1,755
68
354
188
237
3
2
4
2
3
1
1
4, 590
510
510
3,085
3,085
75
12
1
1,715
1,444
831
8,865
360
3,919
50
19
22
134
100
3
4
6
1
1
6,711
6,435
1, 263
1,263
1
220
1
47
40
Bidder's Proposal
Unit Price Bid Value
$130,000.00
$850.00
$350.00
$20.00
$400.00
$10.00
$20.00
$5.00
$550.00
$400.00
$600.00
$1,000.00
$500.00
$500.00
$550.00
$3.30
$16.00
$5.50
$2.00
$1.00
$25.00
$150.00
$5, 000.00
$28.00
$25.00
$35.00
$53.00
$25.00
$50.00
$140.00
$1,800.00
$800.00
$470.00
$210.00
$1,200.00
$625.00
$550.00
$56,000.00
$20, 000.00
$2.00
$4.50
$3.00
$1.50
$11, 000.00
$14.00
$1,100.00
$40.00
$20.00
$130, 000.00
$3,400.00
$31,850.00
$35,100.00
$27,200.00
$3,540.00
$3,760.00
$1,185.00
$1,650.00
$800.00
$2,400.00
$2,000.00
$1, 500.00
$500.00
$550.00
$15,147.00
$8,160.00
$2,805.00
$6,170.00
$3,085.00
$1,875.00
$1,800.00
$5,000.00
$48,020_00
$36,100.00
$29,085.00
$469,845.00
$9,000.00
$195,950.00
$7, 000.00
$34, 200.00
$17, 600.00
$62,980.00
$21,000.00
$3, 600.00
$2,500.00
$3,300.00
$56,000.00
$20,000.00
$13,422.00
$28,957.50
$3,789.00
$1,894.50
$11,000.00
$3,080.00
$1,100.00
$1,880.00
$800.00
00 41 00 Bid Proposal Workbook ADI
0
00 42 43
BID PROPOSAL
Paec 2 0[ 2
SECTION 00 42 43
PROPOSALFORM
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Fortn Rcviscd 20120120 00 4l 00 Bid Proposal Workbook AD1
UNIT PRICE BID Bidder's Application
OD 43 13
BID BOND
Page 1 of 2
SECTION 00 43 13
BID BOND
KNOW ALL BY THESE PRESENTS:
That we, 2L Construction, L.L.C. , known as
--� -- - - -__,_�__ _.... ,
"Bidder' herein and FCCI Insurance Companv TT a corporate surety
duly authorized to do business in the State of Texas, known as "Surety" herein, are held and firmly bound unto the City
of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum
of five percent (5%) of Bidder's maximum bid price, in 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, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project
designated as Trail Gap Connections
NOW, THEREFORE, the condition of this obligation is such that if the City shall award
the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions
required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the
terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute
such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the
execution of the Contract, this bond shall become the property of the City, without recourse of the Principal andlor
Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's
total bid amount and the next selected bidder's total bid amount.
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.
IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by
duly authorized agents and officers on this the _21st day of October , 2021 •
ATTES�:
Witness a a Pr ncipal
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20171109
PRINCIPAL:
2L Construction, L.L.0
BY: r
Signature
_ Gu'tn��n 11, �,:5 !%1`�-�� � �'�.?5! �„
Name and Title
Address: PO Box 397
Rhome. TX 76078
00 41 00 Bid Proposal Workbook
00 43 13
BID BOND
Page 2 of 2
���
Witness as ta 5urety: Amy �reene, eond Account Manager
Attach Power of Attorney (Surety) for Attorney-in-Fact
SURETY:
FCCI Insurance Company
BY:
5i na ure
Jarrett Willson, Attorney-in-Fact
Name and Title
Address: 2255 Ridge Road, Ste 333
�Q���oC�ll_IXZSQ$Z
Telephone Number: 972-��2-722�
'Note: If signed by an ofFicer of the Surety Company, there must be on file a certified extract from the by laws
showing that this 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 shalt not be prior to the date the Contract is
awarded.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20171109 00 41 00 8id Proposal Workbook
FCC I� INSliIUINCE
GROUI'
GENERAL POWER OF ATTORNEY
Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under
the laws of the State of Florida (the "Corporation") does make, constitute and appoint:
Mistie Beck; Jarrett Willson; Robert G Kanuth; Robert J Shuya; Jack Nottingham; Jay Jordan;
Jade Porter; Tony Fierro; Johnny Moss; Jeremy Barnett; Muni Rabah
Each, its true and lawful Attorney-In-Fact, to make, execute, seal and deliver, for and on its behalf as surety, and
as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed
under this authority shall exceed the sum of (not to exceed $10,000,000.00): $10,000,000.00
This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That
resolution also authorized any further action by the officers of the Company necessary to effect such transaction.
The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile
signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any
bond, undertaking or contract of surety to which it is attached.
In witness whereof, the FCCI Insurance Company has caused these presents to be signed by its duly authorized
officers and its corporate Seal to be hereunto affixed, this _23rd day of July , 2020 .
' �'JqANCF�CO>.'• .�_
Attest: ` � ��i�— oP �T . ,� L1..1
. ♦.• PO �':
i U ,-' G t� '•.9 :
Christina D. Welch, President : o: • z• Christopher Shoucair,
FCCI Insurance Company 'LL` 5�,��L '�' EVP, CFO, Treasurer, Secretary
`�.•'��oR+oP;', ;` FCCI Insurance Company
State of Florida '��•� '
County of Sarasota
Before me this day personally appeared Christina D. Welch, who is personally known to me and who executed
the foregoing document for the purposes expressed therein.
My commission expires: 2/27/2023
State of Florida
County of Sarasota
�y► Naun Puelic snt� oi FIonG �[� ���
�� PegpySnow
�) My Comm�wion GG 283505
q�d• e,00-esosm�oz� Notary PUbIIC
Before me this day personally appeared Christopher Shoucair, who is personally known to me and who
executed the foregoing document for the purposes expressed therein.
My commission expires: 2/27/2023 � N"'"P��"sub`"�"'�
PeggY Snwv
tr j MyComrNa�on GG 283505
w �/ EMpIn�07/77R029
CERTIFICATE
�-�'�o$"'d �"' �
Notary Public
I, the undersigned Secretary of FCCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the
foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 27, 2020
Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force.
Dated this 21 st day of October , 2021
Christopher Shoucair, EVP, CFO, Treasurer, Secretary
FCCI htsvrartce-8rm�pany
1•IONA•3592•NA-04, 7/2020
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call FCCI Insurance Group's (FCCI)* toll-free telephone number for information or to make a complaint
at 1-800-226-3224.
You may also write to FCCI Insurance Group Compliance Department e-mail at StateComplaints(u�fcci-qroup.com.
For Claims, you may write to FCCI Insurance Group Claim Department e-mail at newclaim u(�.fcci-qroup.com.
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:
PO Box 149104
Austin TX 78714-9104
Fax: 1-512-475- 1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection aC�tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES
Should you have a dispute concerning your premium or about a claim you should contact FCCI 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 documents.
*The FCCI Insurance Group includes the following insurance carriers: Brierfield Insurance Company, FCCI Advantage
Insurance Company, FCCI Commercial Insurance Company, FCCI Insurance Company, Monroe Guaranty Insurance
Company, and National Trust Insurance Company.
1-BD-TX-21690-NTP-11-12 Page 1 of 1
Copyright 2012 FCCI Insurance Group.
00 43 37
VENDOR COMPLIANCE TO STATE LAW
Page 1 of 1
SECTION 00 43 37
VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER
Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law
provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors
whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction,
improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the
same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a
comparable contract in the State which the nonresidenYs principal place of business is located.
The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet
specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders
must check the box in Section B.
A. Nonresident bidders in the State of , our principal place of business,
are required to be percent lower than resident bidders by State Law. A copy of the
statute is attached.
Nonresident bidders in the State of , our principal place of business,
are not required to underbid resident bidders.
B. The principal place of business of our company or our parent company or majority owner is
in the State of Texas. �
BIDDER:
2L Construction, LLC
P.O Box 397
Rhome, TX 76078
0
8y: Harmon R �isher
1
�5i na ure}
Title: President
END OF SECTION
Date: r� � � t � ,L �
CITY OF FORT WORTH
STANOAR� CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20110627 00 41 00 Bid Proposal Workbook AD1
00 45 26 - i
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Pa�e l of I
?
3
4
5
6
7
8
9
l0
ll
12
13
14
15
16
17
18
19
20
21
??
?;
24
25
26
?7
?g
29
30
31
,
�2
��
34
35
36
37
38
39
40
SECTION 00 45 26
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it
provides worker's compensation insurance coverage for all of its employees employed on City
Project No. 101632. Contractor further certifies that, pursuant to Texas Labor Code, Section
406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with
worker's compensation coverage.
CONTRACTOR:
c��. C��S'�zvcn�7r.] . L'�.C- By: _ 1-t a 2rnc�,r.) � F�5 �-��� 11 1 -
Company (P ease Print)
j�C� ��x- �� J Signature:
Address
���,t�. ,�;C %�Q�`C3 Title: �I��rS� �J� r�T
City/State/Zip (Please Print)
THE STATE OF TEXAS §
COUNTY OFTARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
_�-} ��- r.�o �� �'� �, S� L r' I I f , known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as
the act and deed of,� ��_ (.(U15��'�.c�,�v� �G �--- for the purposes and
consideration therein expressed and in the capacity therein stated.
1
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,,� � day of
�O�tn bt,� , 20� �.
FiETT ALAN SEARS
� �AR1 /INUC • STATE Of 1F�AS
ioi �s��aosss
��� eorr. exr. �0��-2022
���
Notary Public in and for the State of Texas
END OF SECTION
C[TY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
Trail Gap Connectiau
!0l63?
17 (Base bid applies to
Parks and Community Services)
004540-2
Business Equity Ordinance Specifications
Page 1 of 2
48 %20MWBE/NEW%20Business%20Eauitv%200rdinance/Business%20
CITY OF FORT WORTH
STANDARD CONS'I'RUC'fION SPECIFICATION DOCUMENTS
Revised July 19, 2021
OUtilization%20Form.
Trail Gap Connections
101632
004540-2
Business Equity Ordinance Specifications
Page 2 of 2
2 Business Equity Prime Contractor WaiverForm
3 https://apps.fortworthtexas. o�jectResources/ResourcesP/60%20-
4 %20MWBE/NEW%20Business%20Equity%200rdinance/Business%20Equity%20Prime%20Contractor
5 %20Waiver.pdf
6
7 Business Equity Good Faith Effort Form
8 https://ap�s.fortworthtexas. o�jectResources/ResourcesP/60%20-
9 %20MWBE/NEW%20Business%20Eauitv%200rdinance/Business%20
10 fort%20Form.pdf
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
OGood%20Faith%20Ef
Business Equity Joint Venture Form
https://a�ps.fortworthtexas. o�jectResources/ResourcesP/60%20-
%20MWBE/NEW%20Business%20Equity%200rdinanceBusiness%20Equity%20Joint%20Venture.pdf
FAILURE TO COMPLY WITH THE CITY'S BUSINESS EQUITY ORDINANCE WILL RESULT IN
THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIOI�TS.
FAILURE TO SUBMIT THE REQUIRED BUSINESS EQUIIY DOCUMENTATION WILL RESULT IN
THE BID BEING CONSIDERED NON-RESPONSIVE. A SECOND FAILURE WILL RESULT IN THE
OFFEROR BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE
YEAR PERIOD WILL RESULT IN A DISQUALIFICATION PERIOD OF THREE YEARS.
Any Questions, Please Contact The Business Equity Division of the Department of Diversityand
Indusion at (817) 392-2674.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONS'I'RUC'fION SPECIFICATION DOCUMENTS
Revised July 19, 2021
Trail Gap Connections
101632
00 52 43 - 1
AGREEMENT
Page 1 of 6
CITY OF FORT WORTH Trail Gap Connections
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101632
Revised 11/23/2021
SECTION 00 52 43
AGREEMENT
[Text in Blue is for information or guidance. Remove all blue text in the project final document.]
THIS AGREEMENT, authorized on December 14, 2021, is made by and between the City of
Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City
Manager, (“City”), and 2L Construction, LLC, authorized to do business in Texas, acting by
and through its duly authorized representative, (“Contractor”). City and Contractor may jointly be
referred to as Parties.
City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK
Contractor shall complete all Work as specified or indicated in the Contract Documents for the
Project identified herein.
Article 2. PROJECT
The project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
Trail Gap Connections
101632
Article 3. CONTRACT PRICE
City agrees to pay Contractor for performance of the Work in accordance with the Contract
Documents an amount, in current funds, of One Million, Three Hundred Eighty-Six
Thousand, Five Hundred and Eighty Dollars ($1,386,580.00). Contract price may be adjusted
by change orders duly authorized by the Parties.
Article 4. CONTRACT TIME
4.1 Final Acceptance.
The Work shall be complete for Final Acceptance within 180 calendar days after the date
when the Contract Time commences to run, as provided in Paragraph 2.02 of the General
Conditions, plus any extension thereof allowed in accordance with Article 12 of the
General Conditions.
4.2 Liquidated Damages
Contractor recognizes that time is of the essence for completion of Milestones, if any, and
to achieve Final Acceptance of the Work and City and the public will suffer from loss of
use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The
Contractor also recognizes the delays, expense and difficulties involved in proving in a
legal proceeding, the actual loss suffered by the City 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 City Six
Hundred and Fifty Dollars ($650.00) for each day that expires after the time specified in
Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance.
00 52 43 - 2
AGREEMENT
Page 2 of 6
CITY OF FORT WORTH Trail Gap Connections
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101632
Revised 11/23/2021
Article 5. CONTRACT DOCUMENTS
5.1 CONTENTS:
A. The Contract Documents which comprise the entire agreement between City and
Contractor concerning the Work consist of the following:
1. This Agreement.
2. Attachments to this Agreement:
a. Bid Form
1) Proposal Form
2) Vendor Compliance to State Law Non-Resident Bidder
3) Prequalification Statement
4) State and Federal documents (project specific)
b. Current Prevailing Wage Rate Table
c. Insurance ACORD Form(s)
d. Payment Bond
e. Performance Bond
f. Maintenance Bond
g. Power of Attorney for the Bonds
h. Worker’s Compensation Affidavit
i. MBE and/or SBE Utilization Form
3. General Conditions.
4. Supplementary Conditions.
5. Specifications specifically made a part of the Contract Documents by attachment
or, if not attached, as incorporated by reference and described in the Table of
Contents of the Project’s Contract Documents.
6. Drawings.
7. Addenda.
8. Documentation submitted by Contractor prior to Notice of Award.
9. The following which may be delivered or issued after the Effective Date of the
Agreement and, if issued, become an incorporated part of the Contract Documents:
a. Notice to Proceed.
b. Field Orders.
c. Change Orders.
d. Letter of Final Acceptance.
Article 6. INDEMNIFICATION
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.
00 52 43 - 3
AGREEMENT
Page 3 of 6
CITY OF FORT WORTH Trail Gap Connections
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101632
Revised 11/23/2021
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 which are defined in Article 1 of the General Conditions will
have the meanings indicated in the General Conditions.
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 City.
7.3 Successors and Assigns.
City 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/Non-Waiver of Claims.
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 a ll
remaining provisions shall continue to be valid and binding upon City and Contractor.
The failure of City or Contractor to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of City's
or Contractor’s respective right to insist upon appropriate performance or to assert any such
right on any future occasion.
7.5 Governing Law and Venue.
This Agreement, including all of the Contract Documents is performable in the Sta te of
Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
Northern District of Texas, Fort Worth Division.
7.6 Authority to Sign.
Contractor shall attach evidence of authority to sign Agreement if signed by someone other
than the duly authorized signatory of the Contractor.
7.7 Non-appropriation of Funds.
In the event no funds or insufficient funds are appropriated by City in any fiscal period for
any payments due hereunder, City will notify Vendor of such occurrence and this
Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the
portions of the payments herein agreed upon for which funds have been appropriated.
00 52 43 - 4
AGREEMENT
Page 4 of 6
CITY OF FORT WORTH Trail Gap Connections
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101632
Revised 11/23/2021
7.8 Prohibition On Contracts With Companies Boycotting Israel.
Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of
the Texas Government Code, if Contractor has 10 or more full time-employees and the
contract value is $100,000 or more, the City is prohibited from entering into a contract with
a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term
of the contract. The terms “boycott Israel” and “company” shall have the meanings
ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
contract, Contractor certifies that Contractor’s signature provides written
verification to the City that if Chapter 2271, Texas Government Code applies,
Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term
of the contract.
7.9 Prohibition on Boycotting Energy Companies.
Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government
Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from
entering into a contract for goods or services that has a value of $100,000 or more, which
will be paid wholly or partly from public funds of the City, with a company (with 10 or
more full-time employees) unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not boyco tt energy
companies during the term of the contract. The terms “boycott energy company” and
“company” have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by
signing this Agreement, Contractor certifies that Contractor’s signature provides
written verification to the City that Contractor: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of this
Agreement.
7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries.
Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is
prohibited from entering into a contract for goods or services that has a value of $100,000
or more which will be paid wholly or partly from public funds of the City, with a company
(with 10 or more full-time employees) unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will n ot
discriminate during the term of the contract against a firearm entity or firearm trade
association. The terms “discriminate,” “firearm entity” and “firearm trade association”
have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code
(as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274
of the Government Code is applicable to this Agreement, by signing this Agreement,
Contractor certifies that Contractor’s signature provides written verificat ion to the
City that Contractor: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not
discriminate against a firearm entity or firearm trade association duri ng the term of
this Agreement.
00 52 43 - 5
AGREEMENT
Page 5 of 6
CITY OF FORT WORTH Trail Gap Connections
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101632
Revised 11/23/2021
7.11 Immigration Nationality Act.
Contractor shall verify the identity and employment eligibility of its employees who
perform work under this Agreement, including completing the Employment Eligibility
Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of
all I-9 forms and supporting eligibility documentation for each employee who performs
work under this Agreement. Contractor shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by any
Contractor employee who is not legally eligible to perform such services.
CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF
THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR’S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to
Contractor, shall have the right to immediately terminate this Agreement for violations of
this provision by Contractor.
7.12 No Third-Party Beneficiaries.
This Agreement gives no rights or benefits to anyone other than the City and the Contractor
and there are no third-party beneficiaries.
7.13 No Cause of Action Against Engineer.
Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their
sureties, shall maintain no direct action against the Engineer, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or resulting from the
engineering services performed. Only the City will be the beneficiary of any undertaking by
the Engineer. The presence or duties of the Engineer's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the Engineer or its personnel
in any way responsible for those duties that belong to the City and/or the City's construction
contractors or other entities, and do not relieve the construction contractors or any other
entity of their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in accordance with the
Contract Documents and any health or safety precautions required by such construction
work. The Engineer and its personnel have no authority to exercise any control over any
construction contractor or other entity or their employees in connection with their work or
any health or safety precautions.
00 52 43 - 6
AGREEMENT
Page 6 of 6
CITY OF FORT WORTH Trail Gap Connections
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101632
Revised 11/23/2021
IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be
effective as of the date subscribed by the City’s designated Assistant City Manager (“Effective
Date”).
Contractor: City of Fort Worth
By:
By:
Signature Valerie Washington
Assistant City Manager
(Printed Name)
Date
Title Attest:
Address Jannette Goodall, City Secretary
City/State/Zip (Seal)
M&C: 21-0998
Date Date: December 14,2021
Form 1295 No.: 2021-820325
Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
_______________________________
Robert Kevin Rodríguez
Landscape Architect
Approved as to Form and Legality:
Douglas W. Black
Sr. Assistant City Attorney
APPROVAL RECOMMENDED:
_________________________________________
Richard Zavala, Director
Park & Recreation Department
Kevin Rodriguez (Jan 13, 2022 16:15 CST)
Kevin Rodriguez
Harmon R. Fisher III (Jan 31, 2022 10:34 CST)
Rhome, TX 76078
PO Box 397
Harmon R. Fisher III
President
Jan 31, 2022
JMDC
DC
Richard Zavala (Feb 10, 2022 18:38 CST)
Richard Zavala
DBlack (Feb 21, 2022 09:25 CST)
Valerie Washington (Feb 21, 2022 13:09 CST)
Feb 21, 2022
AT
Jannette S. Goodall (Feb 22, 2022 08:56 CST)
Jannette S. Goodall
00 6l 13 - t
PERFORMANCE 90ND
Page I of2
SECT[ON QO 61 13
PERFORMANCEBOND #4405[60
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL BY THESE PRESENTS:
That we, 2L Constrrrcllon, LLC known as "Principal" herein and
FCCI 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 he[d and firmly bound unto the City of Fort Worth, a municipal
corporation created pursuant to the laws ofTexas, known as "City" herein, in the penal sum of,
One Million. Tliree Hr�ndred Ei�htv-Srx Thot�sa�rd. Five Hundred and Eip/rtv Dollars
($1j386=58D.00). lawful money of the United States, to be paid in Fort Worth, Tarrant County,
Texas t'or the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain wriEten contract with the City
awarded the 1�'" day oPDece�r:ber. 20 21, which Contract is hereby referred to and made a part
hereof for all purposes as if fully set %rth herein� to furnish all rnaterials, 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 Tral! Gan_ Conirections, Cltv Pratert No. 10163Z.
NOW, THEREFORE, the condition of this obligation is such that if the said Principal
shall faithfully perform it obligations under the Contract and shall in all respecis duly and
faithfully perfarm 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 of the Ciry, then this obligation shall be
and become null and void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that i f any legal action be f led on this Bond, venue shall lie in
Ta�rant County, Texas or the United States District Court for the Northern DistricE oFTexas, Fort
WoRh Division.
CITY OF FORT WORTH Trvl! Gap Connecrions
STANDAR� CONSTRUCTION SnECIfICAT10N DQCUMENTS l01632
Revised Ju1y l, 201 l
0063 11•2
PERFORMANCE BOND
Page 2 of 2
This bond is made and executed in compiiance with the provisions of Chapter 2253 of the
Texas Governmeni Code, as amended� and all liabilities on this bond shall be determined in
accordaace with the provisions of said statue.
IN WITNESS WHEREOF, the Principai and the Surety have SEGNED and SEALED
this instrument by duly authorized a�ents and officers on this the 22nd day of
December , 24 21.
PRlNCIPAL:
2L Construction, L.L.C.
SY:
i�nature
ATTEST:
NI�_
(Principel) 5ecretery
i�YMeY1 �. FiS�7t,Y . li1 _�Si�iy�
Name and Title
Address: PO Box 397
�,Rhome, TX 75076
.�c,� �:�,,. � �'-.��-
Witness as to�rincipal
W it s$s to ure
ty
Muni Rahah� Rnnd Acrn�int Ar[anBSCC
SURETY:
FCCI Insucance Com an
BY:
�gnatu
larrett WiUson, Attorney-in-Fact.
Name and 'Title
Address: 2255 Ridae Roady Ste 333
Rockwall, TX 75087
Telephone Number: _972-7�2-7220
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract from
the by-faws showing that this person has authority to sign such obligation. [f Surety's
physical address is different fram 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 FORi' WORTN
STANDARD CONSTRUCTION SPBCIFICATION DOCUMENTS
Revised July i, 20! I
Tmi! Gop Connections
f0J633
00 61 14 -1
PAYMENT BOND
Page I of 2
E
2
3
4
5
6
7
8
9
THE STATE OF TEXAS
COUNTY OF TARRANT
SECTION 04 61 14
PAYMENT BOND #4405160
§
§ KNOW ALL BY THESE PRESENTS:
§
That we, 2L Corrstruc►lon, LLC, known as "Principal" herein, and
,_„FCCI Insurance Comeany , a corporate surety (sureties)� duly authorized to do
]0 business in ihe State of Texas, known as "Surety" herein (whether one or more), are held and
firmly bound unto the City of Fort Wo�th, a municipa! corporation created pursuant to the laws of
the State of Texas, known as "City" herein, in the penal su[n of One Milllon, T/iree Hetndred
Ei�lr1Y-Six Tlrousand, Five Xun�tred and Eielity Dollars ($1,386,580.00), lawful money of the
United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well
and i�uly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents:
12 WHEREAS, Principal has entered into a certain written Contract with Ciry, awarded the
13 j� day ofDecember. 2011, which Contract is hereby referred to and made a part hereof for
14 all purposes as if fully set farth herein, to furnish al] materials, equipment, labor and other
IS accessories as defined by law, in the prosecution of the Work as provided for in said Contract
IG and designated as Trai! Gae Counections. Citv Prolect No.101631.
17 NOW, THEREFORE, THE CONDI'ffON OF THIS OBLIGATiON is such that if
18 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
19 Chapter 2253 of ihe Texas Govemment Code, as amended) in the prosecution of the Work under
20 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
21 force and effect.
22 This bond is made and executed in compliance with the provisions of Chapter 2253 ofthe
23 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
24 accordance with !he provisions of said statute.
31
Cll'Y OF FORT WORTH Traf! Gap Connecrlons
STANDARD CaNS"FRUCT[ON 3PECIF1CATlON DOCUMENTS l01612
Revised July l, 2011
OU 61 14 • Z
PAYMENT BOND
Pagc 2 of 2
IN WITNESS WHEREOF, the Principal and Surety have each SIGNEQ and SEALED
2 this instrument by duly authorized agents and officers on this the 22nd day of
3 December _, 20�.
4
PRINCIPAL:
2L Construction L.L.C.
ATTEST: BY: _ o .
Si Eure
� ���. _ i�araaan—.�.�`s5he�'�.�.L.��tidnrt�-
(Principal) Secretary Name and Title
Address: PO Box 397
TRhome, TX 76078
�L4�+--e..�. sv �-�-:—�..
Witness as to incipal
, ,� n �
J �� �/ =
Witness to Surety
-I�fimi-i�abah, Bond Account Manager
ATCEST: BY: _
Sign ture
N/A
(Surety} Secretary
5
6
7
8
9
10
11
SURETY:
FCCI lnsurance Company
Jarrett Willson, Attorney-in-Fact
Name and Title
Address: _2255 Rid�e Road� Ste 333
Rockwali TX 75�87
Telephone Number: _9�2-�72-7Z20
Note: If signed by an officer of the Surety, there must be on file a cerEified extract From the
bylaws showing that this person has authority to signsuch obiigation. If Surery's physical
address is different from its mailing address, both rnust be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
END OF SECTfON
C1TY OF FORT WORTH Trai! Gap Connectlonr
S'iANDARD CONSTRUCTION SpEC1F[CA710N DOCUMENTS 101632
Rcvised July ], 201 I
0� 61 19 - I
MAINTENANCE BOND
Pa�e 1 of )
SECTION 00 61 19
MAINTENANCE BOND #4405i60
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL BY THESE PRESENTS:
That we ZL Cansrruction= LLC known as "Principal" herein and
_FCCI Insurance Com an , a corporate surery (sureties, if more than one) duly
authorized to do business in the State of Texas, known as "Sarery" herein (whether one or more),
are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant
to the laws of the State of Tex�,s, known as "City" herein, in the sum of Orre Mi!lio�rt Tliree
Hu�rdred Eig/rty-Six Tliousand, Flve Hrrndred and Eiglrl� Doliars ($It386i58Q 00), fawful
money of the United States, to be paid in Fort Worth, i'arrant Counry, Texas, for payment of
which sum weIi and truly be made unto the Ciry and its successors, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Ciry awarded
the 1� day of Decenrber, 20 ?l, which Contract is hereby referred to and a made part hereof for
all purposes as if fully set forth herein, to furnish all materials, equipment labor and other
accessories as defined by law, in the prosecution of the Work, incIuding any Work resulting
from a duly authorized Change Order (collectively herein, the "Work") as provided for in said
contract and designated as Trai! Gap Co�t�rectlorrs�Clty Protect No. 101632, and
WHEREAS, Principal binds itself to use such materials and to so construct the Work in
accordance wit6 the plans, specifications and Contract Docaments that the Work is and will
remain free from defects in materials or workmanship for and during the period of hvo (2) ycars
after the date of Final Acceptance of the Work by thc City ("Maintenance Period"); and
WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
upon receiving notice from the Ciry of the need therefor at any time within the Maintenance
Period.
CITY OF FORi WOR'fti Trui! GopConnecrrons
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS !0l631
Rcv�sad luly E, 2�11
006119•2
MAINTENANCE BOND
Page 2 oC 3
NOW THEREFORE, the condition of this obligation is such thaE if Arincipal shall
remedy any defective Work, for which timely notice was provided by City, to a completion
satisfactory to the City, then this obligation shaU become nul{ and void; othenvise to remain in
full force and effect.
PROVIDED, HOWEVER, if Principal shail fail so to repair or reconstruct any timely
noticed defective Work, it is agreed that the City may cause any and al! such defective Work to
be repaired and/or reconstrucEed with all associaEed costs thereof being borne by the Principa! and
the Surety under lhis Maintenance bond; and
PROVIDED FURTIIER, that if any legal action be filed on this Bond, venue shall Iie in
Tarrant Counry, Texas or the United States District Court for the NorEhern District of Texas, Fort
Worth Division; and
PROVIDED FURTHER, that this obligation shall be continuous in nature and
successive recoveries may be had hereon for successive breaches.
C ITY OF FORT W ORTH Trol! Gap Cannecrlont
STANDARD CONSTRUCTION SPECtFlCATION DOCUMENTS l01631
Rcvisad luty 1, 2Ul I
Q061 [9-3
MAII+I'3'EI+IANCE BOND
Page 3 of 3
IN WITNESS WHEREOF, the Arincipal and the Surery havic each SIGNED and SEALED this
instrument by duly autharized agents and officers an this the 22�� day of
December , 2021 .
PRINCIPAL:
iL Construction. L.L.C.
B Y:
ignature
ATTEST:
(Principal) Secretary
L��r a �+► �-�s�r k ti�1 �:,,� i�-
Name aad TitEe
Address: AO Box 397
Rhome, TX 7b078
�_�.:.. .�Fs�.'-"�„' _
1Vitness as ' Princiipal
ATTE5T:
5URETY;
FCCI Insurance Comnanv
BY:
Si natur
]ar�ott Willson, Attorney-in-Pact
Name and Title
Address: 2255 Ridee Road. Ste 333
(5urery) 5ecretary Rockwail, TX 75U87
1V3t ess as tn Surety Telephane Number: 472-��Z-�z24
Mun� Rabah, Bond Account Managcr
*Note: Ifsigned by an officer of the Surety Compai�y, there inust be on file a certified extract fro�n
the by-laws showing that tl�is person has authority ta sign such obligation. If Surety's
physical address is different from its mailing address, hoth must be pravided. The dete
oi the band shall not be prior to the date the Contract is awarded.
C[TY OF FOR� WORTH
STANDAAD CONSTRUC7'ION SPECIFICAT[ON UOCUMENTS
Rcviscd Iuly I, 2p! I
Tra(! Gcp Connecrloira
lR1631
00 61 25 - 1
CERTIFICATE OF INSURANCE
Page 1 of 2
SECTION 00 61 25
FCCI� CERTIFICATE OF 1NSURANCE
in�suw�r:cE
cKour
GENERAL POWER OF ATTORNEY
Know all men by these presents: 7hat the FCCI lnsurance Company, a Corporation organized and existing under
the faws of the State of Florida (the "Corporation") does make, constitute and appoint;
Mistie Beck; Jarrett Willson; Robert G Kanuth; Robe�t J Shuya; Jack Nottingham; Jay Jordan;
Jade Porter; Tony Fierro; Johnny Moss; Jeremy Barnett; Muni Rabah
Each, its true and lawful Attorney-In-Fact, to make, execute, seal and deliver, for and on its behalf as surety, and
as its act and deed in afl bonds and unde�takings provided that no bond or undertaking or contract of suretyship executed
under this authority shall exceed the sum of (not to exceed $10,000,000.00): $10,000,000.00
This Power of Attorney is made and executed by autho�ity of a Reso(ution adopted by the Board of Directors. That
resofution also authorized any further action by the of%cers of the Company necessary to effect such transaction.
The signatures below and the seal of the Corporalion may be aKxed by facsimile, and any such facsimile
signatures or facsimile seai shall be binding upon the Corporation when so affixed and in the future with regard to any
bond, undertaking or contrect of surety to which it is attached.
In witness whereof, the FCCI Insurance Company has caused these presents to be signed by its dufy authorized
o�cers and its corporate Seal to be hereunto a�xed, this _23rd� day of J� , 2020..
Attest: ` � GI/Q�l�� r;�`��N�,;�;i;�;,. C� •
N
ChrisSina 0. Welch, President :�U:' S�A� '�,�i° Chrlslopher Sf�oucair,
FCCI Insurance Campany `�' �,,,,,, °�= EVP, CFO, 7reasurer, Secretary
'�. <<���.:' :' FCCI Insurance Campany
State of Florida �� ��
County of Sarasota
Before me this day personally appeared Christina �. Welch, who is personally known to me and who executed
the foregoing document for the purposes expressed therein.
My commission expires: 2/27/2023 r" �'� �"'�'°"� �''��
�� � ��°77°' Nutary Public
State of Florida
County of Sarasota
Before me this day personally appeared Christopher Shoucair, who is personalty known to me and who
executed the foregoing document for the purposes expressed therein.
My commission expfres: 2/27/2023 � � �"""�'�" ��"►�.7
4� �� 7pp.
Nolary Public
CERTIFICATE
I, the undersigned Secretary of FCCt Insurance Company, a Fforida Corporation, DO HEREBY CERTIFY that the
foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 27, 2D20
Resolution af the Board of Directors, referenced in said Power of Attorney, is now in force,
Dated this ��_ day of _ C _, �
Christopher Shoucair, EVP, CFO, Treasurer, Secretary
FCCI Insu�ance Company
1 •tONA-3592�f+N�4. 7Q020
00612�-2
CERTIFICATE OF 1NSURANCE
Page 2 of 2
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call FCCI Insurance Group's (FCC!}' toll-free telephone number for information or to make a complaint
at 1-800-226-3224.
You may also write to FCCI Insurance Group Compliance Department e-mail at StateComnlaints�a Fcci-grou�com.
For Ciaims, you may write to FCCI Insurance Group Claim Department e-mail at newclaim(a�fcci-�roup.com.
You may contact the i'exas Department oF lnsurance to obtain information on companies, coverages, rights or
complaints at 1-800-252-3439.
You may write the Texas Department of Insurance:
PO Box 149104
Austin TX 78i14-9104
Fax: 1-512�375-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtgction@idi.state.tx.us
PREMIUM OR CLAIM DISPU7ES
Should you have a dispute conceming your premium or about a claim you should contact FCCI first. If the
dispute is not resolved, you may contact the Texas Department of Insurance.
A7TACH THIS NOTICE TO YOUR 80ND
This notice is for information only and does not become a part or condition of the attached documents.
'The FCCI lnsurance Group includes the following insurance carriers: Br'terfield Insurance Company, FCCI Advantage
Insurance Company, FCC1 Commercial Insurance Company, FCCI lnsurance Company, Monroe Guaranty Insuranoe
Company, and tJational'frust Insurance Company.
1-BD-TX-21690-NTP-17 -12
Copyright 2012 FCCI Insurance Group.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTIO N CONTRACT
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1 – Definition s and Terminology .......................................................................................................... 1
1.01 Define d Terms............................................................................................................................... 1
1.02 Terminology .................................................................................................................................. 6
Article 2 – Preliminar y Matters ......................................................................................................................... 7
2.01 Copie s of Documents .................................................................................................................... 7
2.02 Commencement of Contrac t Time; Notic e to Proceed ................................................................ 7
2.03 Starting the Work .......................................................................................................................... 8
2.04 Before Starting Construction ........................................................................................................ 8
2.05 Preconstruction Conferenc e .......................................................................................................... 8
2.06 Public Meeting .............................................................................................................................. 8
2.07 Initia l Acceptance of Schedules.................................................................................................... 8
Article 3 – Contrac t Documents : Intent, Amending, Reus e ............................................................................ 8
3.01 Intent.............................................................................................................................................. 8
3.02 Reference Standards...................................................................................................................... 9
3.03 Reporting and Resolvin g Discrepancies....................................................................................... 9
3.04 Amending and Supple mentin g Contrac t Documents ................................................................. 10
3.05 Reus e of Documents ................................................................................................................... 10
3.06 Electronic Data ............................................................................................................................ 11
Article 4 – Availabilit y of Lands ; Subsurfac e and Physica l Conditions ; Hazardous Environmental
Conditions ; Referenc e Points........................................................................................................... 11
4.01 Availabilit y of Lands .................................................................................................................. 11
4.02 Subsurfac e and Physica l Conditions .......................................................................................... 12
4.03 Differing Subsurfac e or Physica l Conditions ............................................................................. 12
4.04 Underground Facilitie s ............................................................................................................... 13
4.05 Reference Points ......................................................................................................................... 14
4.06 Hazardous Environmenta l Condition at Sit e .............................................................................. 14
Article 5 – Bonds and Insuranc e ..................................................................................................................... 16
5.01 Licensed Suretie s and Insurers ................................................................................................... 16
5.02 Performance, Payment , and Maintenanc e Bonds....................................................................... 16
5.03 Certificates of Insuranc e ............................................................................................................. 16
5.04 Contractor’s Insuranc e ................................................................................................................ 18
5.05 Acceptance of Bonds and Insurance ; Optio n to Replace ........................................................... 19
Article 6 – Contractor’s Responsibilitie s ........................................................................................................ 19
6.01 Supervision and Superintendenc e ............................................................................................... 19
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
6.02 Labor ; Working Hours ................................................................................................................ 20
6.03 Services, Materials, and Equipment ........................................................................................... 20
6.04 Projec t Schedule.......................................................................................................................... 21
6.05 Substitute s and “Or -Equals ” ....................................................................................................... 21
6.06 Concerning Subcontractors , Suppliers , and Others.................................................................... 24
6.07 Wage Rate s.................................................................................................................................. 25
6.08 Patent Fee s and Royaltie s ........................................................................................................... 26
6.09 Permit s and Utilitie s .................................................................................................................... 27
6.10 Laws and Regulations ................................................................................................................. 27
6.11 Taxe s ........................................................................................................................................... 28
6.12 Use of Sit e and Othe r Area s ....................................................................................................... 28
6.13 Record Documents ...................................................................................................................... 29
6.14 Safety and Protection .................................................................................................................. 29
6.15 Safety Representative.................................................................................................................. 30
6.16 Hazard Communicatio n Progra ms ............................................................................................. 30
6.17 Emergencies and/or Rectification............................................................................................... 30
6.18 Submittals .................................................................................................................................... 31
6.19 Continuing the Wor k................................................................................................................... 32
6.20 Contractor’s General Warranty and Guarante e .......................................................................... 32
6.21 Indemnificatio n ......................................................................................................................... 33
6.22 Delegation of Professiona l Design Services .............................................................................. 34
6.23 Righ t to Audit.............................................................................................................................. 34
6.24 Nondiscriminatio n....................................................................................................................... 35
Article 7 – Othe r Wor k at the Sit e ................................................................................................................... 35
7.01 Related Wor k at Sit e ................................................................................................................... 35
7.02 Coordination................................................................................................................................ 36
Article 8 – City’s Responsibilitie s................................................................................................................... 36
8.01 Communications to Contractor ................................................................................................... 36
8.02 Furnis h Data ................................................................................................................................ 36
8.03 Pay Whe n Due ............................................................................................................................ 36
8.04 Lands and Ease ments ; Report s and Tests................................................................................... 36
8.05 Change Orders............................................................................................................................. 36
8.06 Inspections , Tests , and Approvals .............................................................................................. 36
8.07 Limitation s on Cit y’s Responsibilitie s ....................................................................................... 37
8.08 Undisclose d Hazardous Environmenta l Condition .................................................................... 37
8.09 Complianc e wit h Safety Progra m ............................................................................................... 37
Article 9 – City’s Observation Status Durin g Construction ........................................................................... 37
9.01 City’s Projec t Manager ……...................................................................................................... 37
9.02 Visit s to Sit e ................................................................................................................................ 37
9.03 Authorize d Variation s in Wor k .................................................................................................. 38
9.04 Rejecting Defective Work .......................................................................................................... 38
9.05 Determination s for Work Performed .......................................................................................... 38
9.06 Decision s on Require ments of Contrac t Documents and Acceptability of Work ..................... 38
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
Article 10 – Change s in the Work; Claims; Extra Wor k ................................................................................ 38
10.01 Authorize d Change s in the Wor k ............................................................................................... 38
10.02 Unauthorize d Change s in the Wor k ........................................................................................... 39
10.03 Execution of Change Order s....................................................................................................... 39
10.04 Extra Work .................................................................................................................................. 39
10.05 Notificatio n to Surety .................................................................................................................. 39
10.06 Contrac t Claims Process ............................................................................................................. 40
Article 11 – Cos t of the Work; Allowances; Unit Pric e Work; Plan s Quantity Measurement...................... 41
11.01 Cos t of the Work ......................................................................................................................... 41
11.02 Allowance s .................................................................................................................................. 43
11.03 Unit Pric e Wor k .......................................................................................................................... 44
11.04 Plan s Quantity Measurement ...................................................................................................... 45
Article 12 – Change of Contrac t P rice ; Change of Contrac t Time ................................................................. 46
12.01 Change of Contrac t Pric e ............................................................................................................ 46
12.02 Change of Contrac t Time............................................................................................................ 47
12.03 Delays .......................................................................................................................................... 47
Article 13 – Tests and Inspections ; Correction, Remova l or Acceptance of Defective Wor k ...................... 48
13.01 Notic e of Defects ........................................................................................................................ 48
13.02 Access to Wor k ........................................................................................................................... 48
13.03 Tests and Inspections .................................................................................................................. 48
13.04 Uncovering Wor k........................................................................................................................ 49
13.05 Cit y Ma y Stop the Wor k ............................................................................................................. 49
13.06 Correction or Remova l of Defective Work ................................................................................ 50
13.07 Correction Perio d ........................................................................................................................ 50
13.08 Acceptance of Defective Work................................................................................................... 51
13.09 Cit y Ma y Correct Defective Wor k ............................................................................................. 51
Article 14 – Payments to Contractor and Completio n .................................................................................... 52
14.01 Schedule of Values...................................................................................................................... 52
14.02 Progres s Payments ...................................................................................................................... 52
14.03 Contractor’s Warranty of Title ................................................................................................... 54
14.04 Partia l Utilizatio n ........................................................................................................................ 55
14.05 Fina l Inspection ........................................................................................................................... 55
14.06 Fina l Acceptance ......................................................................................................................... 55
14.07 Fina l Payment.............................................................................................................................. 56
14.08 Fina l Completio n Delayed and Partia l Retainage Release ........................................................ 56
14.09 Waive r of Claims ........................................................................................................................ 57
Article 15 – Suspension of Wor k and Terminatio n ........................................................................................ 57
15.01 Cit y Ma y Suspend Work............................................................................................................. 57
15.02 Cit y Ma y Terminat e for Caus e ................................................................................................... 58
15.03 Cit y Ma y Terminat e For Convenienc e ....................................................................................... 60
Article 16 – Dispute Resolutio n ...................................................................................................................... 61
16.01 Methods and Procedure s ............................................................................................................. 61
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
Article 17 – Miscellaneous .............................................................................................................................. 62
17.01 Givin g Notic e .............................................................................................................................. 62
17.02 Computation of Times ................................................................................................................ 62
17.03 Cumulativ e Remedie s ................................................................................................................. 62
17.04 Surviva l of Obligation s ............................................................................................................... 63
17.05 Headings ...................................................................................................................................... 63
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 1 of 63
ARTICLE 1 – DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Whereve r use d in thes e General Conditions or in othe r Contrac t Documents , the terms listed belo w
have the meanings indicate d whic h are applicable to both the singula r and plura l thereof, and
words denoting gende r shall includ e the masculine , feminin e and neuter . Said terms are generally
capitalize d or writte n in italics , but not always. Whe n use d in a context consistent with the
definitio n of a listed -define d term, the term shall have a meaning as define d belo w whether
capitalize d or italicize d or otherwise . In additio n to terms specifically de fined , terms wit h initial
capital letters in the Contrac t Documents includ e references to identifie d article s and paragraphs,
and the title s of othe r documents or forms.
1. Addenda—Written or graphic instru ments issued prior to the opening of Bid s whic h clarify,
correct, or change the Biddin g Require ments or the propose d Contrac t Documents.
2. Agreement—The written instru ment whic h is evidenc e of the agreement between Cit y and
Contractor covering the Work.
3. Applicatio n for Payment—The for m acceptable to Cit y whic h is to be use d by Contractor
during the cours e of the Wor k in requesting progres s or fina l payments and whic h is to be
accompanie d by suc h supporting documentation as is require d by the Contrac t Documents.
4. Asbestos—Any material tha t contains mor e tha n one percent asbestos and is friable or is
releasing asbestos fiber s int o the air above current action levels establishe d by the United States
Occupationa l Safety and Health Administration.
5. Award – Authorization by the Cit y Council for the Cit y to ente r int o an Agree ment.
6. Bid —The offer or proposa l of a Bidde r submitte d on the prescribe d form setting forth the
price s for the Work to be performed.
7. Bidder —The individua l or entit y who submit s a Bid directly to City.
8. Biddin g Documents—The Biddin g Require ments and the propose d Contrac t Documents
(includin g all Addenda).
9. Biddin g Requirements—The advertise ment or Invitatio n to Bid , Instructions to Bidders , Bid
security of acceptable for m, if any, and the Bid For m wit h any supple ments.
10. Business Day – A busines s da y is define d as a da y tha t the Cit y conducts nor mal business,
generally Monda y through Friday , except for federal or state holidays observe d by the City.
11. Calendar Day – A da y consistin g of 24 hour s measured from midnight to the next midnight.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 2 of 63
12. Change Order—A document, whic h is prepare d and approve d by the City , whic h is signed
by Contractor and Cit y and authorize s an addition, deletion , or revisio n in the Wor k or an
adjustment in the Contrac t Pric e or the Contract Time, issued on or afte r the Effective Date
of the Agree ment.
13. City— The Cit y of For t Worth, Texas, a home -rule municipa l corporation, authorize d and
chartered unde r the Texa s State Statutes, acting by it s governing body through it s City
Manager, his designee , or agents authorize d unde r his behalf , each of whic h is require d by
Charter to perfor m specific dutie s wit h responsibilit y for fina l enforce ment of the contracts
involvin g the Cit y of For t Worth is by Charter veste d in the Cit y Manage r and is the entity
wit h whom Contractor ha s entered int o the Agree ment and for whom the Wor k is to be
performed.
14. City Attorne y – The officially appointe d Cit y Attorne y of the Cit y of For t Worth, Texas, or
his duly authorize d representative.
15. City Council - The duly elected and qualifie d gover nin g body of the Cit y of For t Worth,
Texas.
16. City Manager – The officially appointe d and authorized Cit y Manage r of the Cit y of Fort
Worth, Texas, or his duly authorize d representative.
17. Contract Claim—A de mand or assertion by Cit y or Contractor seeking an adjustment of
Contrac t Pric e or Contrac t Time, or both, or othe r relie f wit h respect to the terms of the
Contract. A de mand for mone y or services by a thir d party is not a Contrac t Claim.
18. Contract—The entir e and integrate d written docume nt between the Cit y and Contractor
concerning the Work. The Contrac t contains the Agree ment and all Contrac t Documents and
supersede s prio r negotiations , representations , or agreements , whethe r writte n or oral.
19. Contract Documents—Thos e ite ms so designate d in the Agree ment. All ite ms liste d in the
Agree ment are Contrac t Documents . Approve d Submittals , othe r Contractor submittals , and
the reports and drawings of subsurfac e and physica l conditions are not Contrac t Documents.
20. Contract Price —The moneys payable by Cit y to Contractor for completio n of the Wor k in
accordance wit h the Contrac t Documents as state d in the Agree ment (subjec t to the provisions
of Paragraph 11.03 in the case of Unit Pric e Work).
21. Contract Time —The numbe r of days or the date s state d in the Agree ment to: (i) achieve
Milestones , if any and (ii) complet e the Wor k so tha t it is ready for Fina l Acceptance.
22. Contractor—The individua l or entit y wit h whom Cit y ha s entered int o the Agree ment.
23. Cost o f th e Work —Se e Paragraph 11.01 of thes e General Conditions for definition.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 3 of 63
24. Damage Claims – A de mand for mone y or services arisin g from the Projec t or Sit e from a
thir d party, Cit y or Contractor exclusiv e of a Contrac t Claim.
25. Day or da y – A day, unles s otherwis e defined, shall mean a Calenda r Day.
26. Directo r o f Aviatio n – The officially appointe d Director of the Aviatio n Department of the
Cit y of For t Worth, Texas, or his duly appointe d representative, assistant, or agents.
27. Directo r of Park s and Community Services – The officially appointe d Director of the Parks
and Community Services Department of the Cit y of For t Worth, Texas, or his duly appointed
representative, assistant, or agents .
28. Directo r of Planning and Development – The officially appointe d Director of the Planning
and Development Department of the Cit y of For t Worth, Texas, or his duly appointed
representative, assistant, or agents.
29. Directo r o f Transportation Public Work s – The officially appointe d Director of the
Transportation Public Works Department of the Cit y of For t Worth, Texas, or his duly
appointe d representative, assistant, or agents.
30. Directo r o f Wate r Departmen t – The officially appointe d Director of the Water Department
of the Cit y of Fort Worth, Texas, or his duly appointe d representative, assistant, or agents.
31. Drawings—Tha t par t of the Contrac t Documents prepare d or approve d by Enginee r which
graphically show s the scope , extent, and character of the Wor k to be performed by Contractor .
Submittals are not Drawings as so de fined.
32. Effectiv e Date of th e Agreement—The date indicate d in the Agree ment on whic h it becomes
effective, but if no suc h date is indicated, it means the date on whic h the Agree ment is signed
and delivere d by the las t of the two partie s to sig n and deliver.
33. Engineer—The license d professiona l enginee r or engineerin g fir m registered in the State of
Texa s perfor min g professiona l services for the City.
34. Extra Wor k – Additiona l wor k made necessary by change s or alterations of the Contract
Documents or of quantitie s or for othe r reasons for whic h no price s are provide d in the Contrac t
Documents . Extra work shall be par t of the Work.
35. Field Order — A writte n orde r issued by Cit y whic h require s change s in the Wor k but which
doe s not involve a change in the Contrac t Price , Contrac t Time, or the inten t of the Engineer.
Field Orders are paid from Field Order Allowances incorporated into the Contract by funded
work type at the time of award.
36. Fina l Acceptance – The writte n notic e give n by the Cit y to the Contractor tha t the Work
specifie d in the Contrac t Documents ha s bee n complete d to the satisfaction of the City.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 4 of 63
37. Fina l Inspectio n – Inspection carrie d out by the Cit y to verif y tha t the Contractor has
complete d the Work, and each and every part or appurtenanc e thereof, fully , entirely , and in
conformanc e wit h the Contrac t Documents.
38. General Requirements—Sections of Divisio n 1 of the Contrac t Documents.
39. Hazardou s Environmental Condition—The presenc e at the Sit e of Asbestos, PCBs,
Petroleum, Hazardous Waste , Radioactive Material, or othe r materials in suc h quantitie s or
circumstances tha t may present a substantia l dange r to persons or property expose d thereto.
40. Hazardous Waste —Hazardous waste is define d as any solid waste liste d as hazardous or
possesses one or more hazardous characteristics as define d in the federa l waste regulations,
as amende d from time to time.
41. Laws and Regulations—Any and all applicable laws , rules , regulations , ordinances , codes,
and order s of any and all governmenta l bodie s, agencies, authorities , and courts having
jurisdiction.
42. Liens —Charges , security interests, or encumbrances upon Projec t funds , rea l property, or
persona l property.
43. Major Item – An Ite m of wor k include d in the Contract Documents tha t ha s a total cos t equal
to or greater tha n 5% of the origina l Contrac t Pric e or $25,000 whicheve r is less.
44. Milestone—A principa l event specifie d in the Contrac t Documents relatin g to an inter mediate
Contrac t Time prio r to Fina l Acceptance of the Work.
45. Notice o f Award —The writte n notic e by Cit y to the Successful Bidde r stating tha t upon
timely complianc e by the Successful Bidde r wit h the conditions precedent liste d therein, City
will sig n and delive r the Agree ment.
46. Notic e to Proceed—A writte n notic e give n by Cit y to Contractor fixin g the date on whic h the
Contrac t Time will commenc e to run and on whic h Contractor shall start to per form the Wor k
specifie d in Contrac t Documents.
47. PCBs—Polychlorinate d biphenyls.
48. Petroleum—Petroleum, includin g crude oil or any frac tio n thereof whic h is liquid a t standard
conditions of temperatur e and pressure (60 degree s Fahrenheit and 14.7 pounds pe r square
inc h absolute), suc h as oil, petroleum, fue l oil, oil sludge , oil refuse , gasoline , kerosene , and
oil mixe d wit h othe r non-Hazardous Waste and crude oils.
49. Plan s – Se e definitio n of Drawings.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 5 of 63
50. Projec t Schedule—A schedule , prepare d and maintaine d by Contractor , in accordance with
the General Require ments , describin g the sequenc e and duration of the activitie s comprising
the Contractor’s pla n to accomplis h the Wor k within the Contrac t Time.
51. Project—The Wor k to be perfor med unde r the Contrac t Documents.
52. Project Manager—The authorize d representative of the Cit y who will be assigne d to the
Site.
53. Public Meetin g – An announce d meeting conducte d by the Cit y to facilitat e public
participatio n and to assist the public in gainin g an infor med vie w of the Project.
54. Radioactive Material—Source , special nuclear, or byproduc t material as define d by the
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amende d from time to time.
55. Regula r Working Hour s – Hours beginning at 7:0 0 a.m. and ending at 6:0 0 p.m., Monday
thr u Frida y (excluding lega l holidays).
56. Samples—Physica l exa mple s of materials, equipment, or workmanship tha t are
representative of some portion of the Work and whic h establis h the standards by whic h such
portion of the Work will be judged.
57. Schedule o f Submittals—A schedule , prepare d and maintaine d by Contractor, of required
submittals and the time require ments to support schedule d perfor manc e of related construction
activities.
58. Schedule o f Values—A schedule , prepare d and maintaine d by Contractor , allocatin g portions
of the Contrac t Pric e to various portions of the Wor k and use d as the basis for reviewing
Contractor’s Application s for Payment.
59. Site —Lands or areas indicate d in the Contrac t Documents as bein g furnishe d by Cit y upon
whic h the Work is to be perfor med, includin g rights -of-way, permits , and easements for access
thereto, and suc h othe r land s furnishe d by Cit y whic h are designate d for the us e of Contractor.
60. Specifications—Tha t par t of the Contrac t Documents consistin g of writte n require ments for
materials, equipment, systems, standards a nd workmanship a s applie d to the Work, and certain
administrativ e require ments and procedura l matters applicable thereto. Specifications may be
specifically made a part of the Contrac t Documents by attachment or , if not attached, may be
incorporate d by reference as indicate d in the Table of Contents (Divisio n 00 00 00) of each
Project.
61. Subcontractor—An individua l or entit y having a direc t contrac t wit h Contractor or wit h any
othe r Subcontractor for the perfor manc e of a part of the Work at the Site.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 6 of 63
62. Submittals—All drawings , diagra ms, illustrations , schedules , and othe r dat a or in for mation
whic h are specifically prepare d or assemble d by or for Contractor and submitte d by Contractor
to illustrat e some portion of the Work.
63. Substantial Completion – The stage in the progress of the Project when the Work is
sufficiently complete in accordance with the Contract Documents for Final Inspection.
64. Successful Bidder—The Bidde r submittin g the lowes t and mos t responsive Bid to whom City
make s an Award.
65. Superintendent – The representative of the Contractor who is available at all times and able
to receive instructions from the Cit y and to act for the Contractor.
66. Supplementary Conditions—Tha t part of the Contrac t Documents whic h amends or
supple ments thes e General Conditions.
67. Supplier—A manufacturer, fabricator, supplier , dis tributor , materialman, or vendor having a
direc t contrac t wit h Contractor or wit h any Subcontractor to furnis h materials or equipment
to be incorporate d in the Wor k by Contractor or Subcontractor.
68. Underground Facilities—All underground pipelines , conduits , ducts , cables, wires,
manholes , vaults , tanks , tunnels , or othe r suc h facilitie s or attachments , and any encasements
containing suc h facilities , includin g but not limit ed to, thos e tha t conve y electricity, gases,
steam, liquid petroleum products , telephone or othe r communications , cable television,
water, wastewater, stor m water, othe r liquid s or che micals , or traffic or othe r control systems.
69 Unit Pric e Work —Se e Paragraph 11.03 of thes e General Conditions for definition.
70. Weekend Working Hour s – Hour s beginning at 9:0 0 a.m. and ending at 5:0 0 p.m., Saturday,
Sunda y or lega l holiday, as approve d in advanc e by the City.
71. Work —The entir e construction or the various separately identifiable parts thereof require d to
be provide d unde r the Contrac t Documents . Wor k include s and is the result of perfor min g or
providing all labor, services, and documentation necessary to produc e suc h construction
includin g any Change Orde r or Field Order , and furnishing, installing , and incorporating all
materials and equipment int o suc h construction, all as require d by the Contrac t Documents.
72. Workin g Day – A working da y is define d as a day, not includin g Saturdays , Sundays , or legal
holidays authorize d by the Cit y for contrac t purposes , in whic h weather or othe r conditions
not unde r the control of the Contractor will permit the performanc e of the principa l unit of
work underwa y for a continuous perio d of not les s tha n 7 hour s between 7 a.m. and 6 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through E are not define d but, whe n use d in
the Biddin g Require ments or Contrac t Documents , have the indicate d meaning.
B. Inten t o f Certai n Terms or Adjectives:
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 7 of 63
1. The Contrac t Documents includ e the terms “a s allowed,” “a s approved,” “a s ordered,” “as
directed” or terms of lik e effect or import to authorize an exercise of judgment by City . In
addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or
adjectives of lik e effect or impor t are use d to describ e an action or determinatio n of Cit y as to
the Work. It is intende d tha t suc h exercise of professiona l judgment, action, or determination
will be solely to evaluate, in general, the Work for complianc e wit h the in formatio n in the
Contrac t Documents and wit h the desig n conce pt of the Projec t a s a functioning whole as
show n or indicate d in the Contrac t Documents (unles s ther e is a specific statement indicating
otherwise).
C. Defective:
1. The wor d “defective,” whe n modifying the word “Work,” refers to Work tha t is
unsatis factory, faulty , or de ficien t in tha t it:
a. doe s not conform to the Contrac t Documents ; or
b. doe s not meet the require ments of any applica ble inspection, referenc e standard, test, or
approva l referred to in the Contrac t Documents ; or
c. ha s bee n da mage d prio r to City’s written acceptance.
D. Furnish , Install, Perform, Provide:
1. The wor d “Furnish” or the word “Install” or the wor d “Perform” or the wor d “Provide ” or
the wor d “Supply,” or any combinatio n or simila r directiv e or usage thereof , shall mean
furnishing and incorporating in the Wor k includin g all necessary labor, materials, equipment,
and everything necessary to perfor m the Wor k indicated, unles s specifically limite d in the
context used.
E. Unles s state d otherwis e in the Contrac t Docume nts , words or phrase s tha t have a well-known
technical or construction industr y or trade meaning are use d in the Contrac t Documents in
accordance wit h suc h recognize d meaning.
ARTICLE 2 – PRELIMINARY MATTERS
2.01 Copies of Documents
Cit y shall furnis h to Contractor one (1) origina l executed copy and one (1) electronic copy of the
Contrac t Documents , and four (4) additiona l copies of the Drawings . Additiona l copie s will be
furnishe d upon reques t at the cos t of reproduction.
2.02 Commencement of Contract Time ; Notic e to Proceed
The Contrac t Time will commenc e to run on the da y indicate d in the Notic e to Proceed. A Notic e to
Proceed may be give n no earlier than 14 days afte r the Effective Date of the Agree ment, unless agreed
to by both parties in writing.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 8 of 63
2.03 Startin g th e Work
Contractor shall start to perform the Wor k on the date whe n the Contrac t Time commences to run.
No Wor k shall be done at the Sit e prio r to the date on whic h the Contrac t Time commences to run.
2.04 Before Startin g Construction
Baselin e Schedules: Submit in accordance wit h the Contrac t Documents , and prio r to starting the
Work.
2.05 Preconstruction Conference
Befor e any Wor k at the Sit e is started, the Contractor shall attend a Preconstruction Conferenc e as
specifie d in the Contrac t Documents.
2.06 Public Meeting
Contractor may not mobiliz e any equipment, materials or resource s to the Sit e prio r to Contractor
attending the Public Meeting as schedule d by the City.
2.07 Initia l Acceptance o f Schedules
No progres s payment shall be made to Contractor until acceptable schedule s are submitte d to Cit y in
accordance wit h the Schedule Specification a s provide d in the Contrac t Documents.
ARTICLE 3 – CONTRACT DOCUMENTS : INTENT, AMENDING, REUSE
3.01 Intent
A. The Contrac t Documents are comple mentary; wha t is require d by one is as binding as if required
by all.
B. It is the inten t of the Contrac t Documents to describe a functionally complet e projec t (or part
thereof) to be constructe d in accordance wit h the Contrac t Documents . Any labor, documentation ,
services, materials, or equipment tha t reasonably may be inferred from the Contrac t Documents
or from prevailin g custom or trade usage as bein g require d to produc e the indicate d result will be
provide d whethe r or not specifically calle d for , at no additiona l cos t to City.
C. Clarification s and interpretations of the Contrac t Documents shall be issued by City.
D. The Specifications ma y var y in for m, format and style . Some Specification sections may be written
in varying degree s of strea mline d or declarative style and some sections ma y be relatively
narrative by comparison. Omissio n of such words and phrase s as “the Contractor shall,” “in
confor mit y with,” “a s shown,” or “a s specified ” are intentiona l in strea mlined sections .
Omitte d words and phrase s shall be supplie d by inference. Simila r type s of provisions may appea r
in various parts of a section or article s within a part depending on the format of the
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 9 of 63
section. The Contractor shall not take advantage of any variatio n of for m, format or style in
makin g Contrac t Claims.
E. The cros s referencing of specification sections unde r the subparagraph heading “Related
Sections includ e but are not necessarily limite d to:” and elsewhere within each Specification
section is provide d as an aid and convenienc e to the Contractor . The Contractor shall not rely on
the cros s referencing provide d and shall be responsible to coordinate the entir e Wor k unde r the
Contrac t Documents and provide a complet e Projec t whethe r or not the cros s referencing is
provide d in each section or whethe r or not the cros s referencing is complete.
3.02 Reference Standards
A. Standards , Specifications, Codes , Laws, and Regulations
1. Reference to standards , specifications, manuals , or code s of any technical society, organization ,
or association, or to Laws or Regulations , whethe r suc h reference be specific or by implication ,
shall mean the standard, specification, manual, code , or Laws or Regulations in effect at the
time of opening of Bid s (or on the Effective Date of the Agree ment if there were no Bids),
except as may be otherwis e specifically state d in the Contrac t Documents.
2. No provision of any suc h standard, specification, manual, or code , or any instructio n of a
Supplier, shall be effective to change the duties or responsibilitie s of City , Contractor , or any
of their subcontractors , consultants , agents , or employees , from thos e set forth in the Contract
Documents . No suc h provision or instructio n shall be effective to assign to City , or any of its
officers, directors , me mbers , partners , employee s, agents , consultants , or subcontractors , any
duty or authority to supervis e or direc t the perfor manc e of the Wor k or any duty or authority
to undertake responsibilit y inconsistent wit h the provisions of the Contrac t Documents.
3.03 Reportin g and Resolvin g Discrepancies
A. Reportin g Discrepancies:
1. Contractor’s Revie w o f Contract Documents Befor e Starting Work : Before undertaking each
part of the Work, Contractor shall carefully study and compar e the Contrac t Documents and
check and verif y pertinent figure s therein agains t all applicable field measurements and
conditions . Contractor shall promptly repor t in writin g to Cit y any conflict , error, ambiguity,
or discrepanc y whic h Contractor discovers , or ha s actual knowledge of , and shall obtain a
written interpretation or clarificatio n from Cit y be for e proceeding wit h any Wor k affected
thereby.
2. Contractor’s Revie w o f Contract Documents Durin g Performance o f Work : If, during the
perfor manc e of the Work, Contractor discover s any conflict , error, ambiguity, or discrepancy
within the Contrac t Documents , or between the Contrac t Documents and (a) any applicable
La w or Regulatio n , (b) any standard, specification, manual, or code , or (c) any instructio n of
any Supplier, the n Contractor shall promptly report it to Cit y in writing . Contractor shall not
procee d wit h the Wor k affected thereby (except in an emergenc y as require d by Paragraph
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 10 of 63
6.17.A ) until a n amendment or supple ment to the Contrac t Documents ha s bee n issued by
one of the methods indicate d in Paragraph 3.04.
3. Contractor shall not be liable to Cit y for failure to report any conflict , error, ambiguity, or
discrepanc y in the Contrac t Documents unles s Contractor ha d actual knowledge thereof.
B. Resolvin g Discrepancies:
1. Except as may be otherwis e specifically state d in the Contrac t Documents , the provisions of
the Contrac t Documents shall take precedence in resolvin g any conflict , error, ambiguity, or
discrepanc y between the provisions of the Contrac t Documents and the provisions of any
standard, specification, manual, or the instruction of any Supplie r (whethe r or not specifically
incorporate d by reference in the Contrac t Documents).
2. In case of discrepancies, figure d dimensions shall gover n ove r scaled dimensions , Plan s shall
govern ove r Specifications, Supple mentary Condition s shall govern ove r General Conditions
and Specifications, and quantitie s show n on the Plan s shall gover n ove r thos e show n in the
proposal.
3.04 Amendin g and Supplementing Contract Documents
A. The Contrac t Documents ma y be amende d to provide for additions , deletions , and revision s in
the Wor k or to modif y the terms and conditions thereof by a Change Order.
B. The require ments of the Contrac t Documents ma y be supple mented, and mino r variation s and
deviations in the Wor k not involvin g a change in Contrac t Pric e or Contrac t Time, may be
authorized, by one or mor e of the followin g ways:
1. A Field Order;
2. City’s revie w of a Submitta l (subjec t to the provisions of Paragraph 6.18.C); or
3. City’s writte n interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplie r shall not:
1. have or acquir e any title to or ownership rights in any of the Drawings , Specifications , or
othe r documents (or copie s of any thereof ) prepared by or bearing the seal of Engineer,
includin g electronic media editions ; or
2. reus e any suc h Drawings , Specifications, othe r documents , or copie s thereof on extensions of
the Projec t or any othe r projec t without writte n consent of Cit y and specific written verificatio n
or adaptation by Engineer.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 11 of 63
B. The prohibitions of this Paragraph 3.05 will sur viv e fina l payment, or terminatio n of the
Contract. Nothing herein shall preclude Contrac tor from retainin g copie s of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unles s otherwis e stated in the Supple mentary Conditions , the dat a furnishe d by Cit y or Engineer
to Contractor , or by Contractor to Cit y or Engineer , tha t may be relie d upon are limite d to the
printe d copie s include d in the Contrac t Doc uments (als o know n as har d copies ) and other
Specifications referenced and located on the City’s on-line electronic document manage ment and
collaboratio n system site . File s in electronic media for mat of text, data , graphics , or othe r types
are furnishe d only for the convenienc e of the receiving party. Any conclusion or informatio n
obtaine d or derive d from suc h electronic files will be at the user’s sole risk . If there is a discrepanc y
between the electronic file s and the hard copies , the har d copie s govern.
B. Whe n transferring documents in electronic media for mat, the transferring party make s no
representations as to lon g term compatibility , usability , or readabilit y of documents resulting from
the us e of software applicatio n packa ges, operating systems, or compute r hardware differing from
thos e use d by the data’s creator.
ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL COND ITIONS ; REFERENCE POINTS
4.01 Availability of Lands
A. Cit y shall furnis h the Site . Cit y shall notif y Contractor of any encumbrance s or restriction s not of
genera l applicatio n but specifically related to us e of the Sit e wit h whic h Contractor mus t comply
in perfor min g the Work. Cit y will obtain in a timely manne r and pa y for easements for per manent
structure s or permanent change s in existin g facilities.
1. The Cit y ha s obtaine d or anticipates acquisit ion of and/or access to right-of -way, and/or
easements . Any outstanding right-of -way and/or easements are anticipated to be acquire d in
accordance wit h the schedule set forth in the Supple mentary Conditions . The Project Schedule
submitted by the Contractor in accordanc e wit h the Contrac t Documents must conside r any
outstanding right-of-way, and/or easements.
2. The Cit y ha s or anticipates re moving and/or re locatin g utilities , and obstructions to the Site.
Any outstanding re mova l or relocation of utilitie s or obstructions is anticipated in accordance
wit h the schedule set forth in the Supple mentary Conditions . The Projec t Schedule submitted
by the Contractor in accordance wit h the Contract Documents mus t conside r any outstanding
utilitie s or obstructions to be removed, adjusted, and/or relocated by others.
B. Upon reasonable writte n request, Cit y shall furnis h Contractor wit h a current state ment of record
lega l title and lega l descriptio n of the land s upon whic h the Wor k is to be perfor med.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 12 of 63
C. Contractor shall provide for all additiona l land s and access thereto tha t may be require d for
construction facilitie s or storage of materials and equipment.
4.02 Subsurface an d Physical Conditions
A. Reports and Drawings : The Supple mentary Conditions identify:
1. thos e reports know n to Cit y of explorations and tests of subsurfac e conditions at or
contiguous to the Site ; and
2. thos e drawings know n to Cit y of physica l conditions relatin g to existin g surfac e or
subsurfac e structure s at the Sit e (except Underground Facilities).
B. Limite d Relianc e b y Contractor on Technical Data Authorized : Contractor may rely upon the
accuracy of the “technical data ” containe d in suc h report s and drawings , but suc h reports and
drawings are not Contrac t Docume nts . Suc h “technical data ” is identifie d in the Supple mentary
Conditions . Contractor may not make any Contrac t Claim agains t City , or any of their officers,
directors , members , partners , employees , agents , consultants , or subcontractor s wit h respect to:
1. the completeness of suc h reports and drawings for Contractor’s purposes , including , but not
limite d to, any aspects of the means, methods , techniques , sequences, and procedure s of
construction to be employe d by Contractor , and safety precautions and progra ms incident
thereto; or
2. othe r data , interpretations , opinions , and infor matio n containe d in suc h reports or show n or
indicate d in suc h drawings ; or
3. any Contractor interpretation of or conclusion draw n from any “technical data ” or any such
othe r data , interpretations , opinions , or infor mation.
4.03 Differin g Subsurface o r Physica l Conditions
A. Notice : If Contractor believe s tha t any subsurfac e or physica l condition tha t is uncovere d or
revealed either:
1. is of suc h a natur e as to establis h tha t any “technical data ” on whic h Contractor is entitle d to
rely as provide d in Paragraph 4.02 is materially inaccurate; or
2. is of suc h a natur e a s to requir e a change in the Contrac t Documents ; or
3. differs materially from tha t show n or indicate d in the Contrac t Documents ; or
4. is of a n unusua l nature , and differs materially from conditions ordinarily encountere d and
generally recognize d as inherent in wor k of the character provide d for in the Contract
Documents;
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 13 of 63
the n Contractor shall, promptly after becomin g aware thereof and befor e furthe r disturbing the
subsurfac e or physica l conditions or performin g any Wor k in connection therewith (except in an
emergenc y as require d by Paragraph 6.17.A), notif y Cit y in writin g about suc h condition.
B. Possible Price and Time Adjustments
Contractor shall not be entitle d to any adjustment in the Contrac t Pric e or Contrac t Time if:
1. Contractor kne w of the existenc e of suc h conditions at the time Contractor made a final
commit ment to Cit y wit h respect to Contrac t Pric e and Contrac t Time by the submissio n of a
Bid or becomin g bound unde r a negotiate d contract; or
2. the existenc e of suc h condition could reasonably have bee n discovere d or revealed as a result
of the exa minatio n of the Contrac t Documents or the Site ; or
3. Contractor faile d to giv e the written notic e as require d by Paragraph 4.03.A.
4.04 Underground Facilities
A. Shown o r Indicated: The informatio n and data show n or indicate d in the Contrac t Documents
wit h respect to existin g Underground Facilitie s at or contiguous to the Sit e is base d on infor matio n
and data furnishe d to Cit y or Enginee r by the owners of suc h Underground Facilities ,
includin g City , or by others . Unles s it is otherwis e expressly provide d in the Supple mentar y
Conditions:
1. Cit y and Enginee r shall not be responsible for the accuracy or completeness of any such
infor matio n or data provide d by others ; and
2. the cos t of all of the followin g will be include d in the Contrac t Price , and Contractor shall
have full responsibilit y for:
a. reviewin g and checking all suc h infor matio n and data;
b. locatin g all Underground Facilitie s show n or indicate d in the Contrac t Documents;
c. coordination and adjustment of the Wor k wit h the owners of suc h Underground
Facilities , includin g City , during construction; and
d. the safety and protection of all suc h Underground Facilitie s and repairin g any da mage
thereto resultin g from the Work.
B. Not Shown or Indicated:
1. If an Underground Facilit y whic h conflict s wit h the Wor k is uncovere d or revealed a t or
contiguous to the Sit e whic h was not show n or indicated, or not show n or indicate d with
reasonable accuracy in the Contrac t Documents , Contractor shall, promptly afte r becoming
aware thereof and before furthe r disturbing conditions affected thereby or perfor min g any
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 14 of 63
Work in connection therewith (except in an emergenc y as require d by Paragraph 6.17.A),
identif y the owne r of suc h Underground Facilit y and giv e notic e to tha t owne r and to City.
Cit y will revie w the discovere d Underground Facilit y and determin e the extent, if any, to
whic h a change may be require d in the Contrac t Documents to reflect and document the
consequence s of the existenc e or locatio n of the Underground Facility . Contractor shall be
responsible for the safety and protection of suc h discovere d Underground Facility.
2. If Cit y conclude s tha t a change in the Contract Documents is required, a Change Orde r may
be issued to reflect and document suc h consequences.
3. Verificatio n of existin g utilities , structures , and servic e line s shall includ e notificatio n of all
utilit y companie s a minimum of 48 hour s in advanc e of construction includin g exploratory
excavation if necessary.
4.05 Reference Points
A. Cit y shall provide engineering surveys to establis h reference points for construction, whic h in
City’s judgment are necessary to enable Contrac tor to procee d wit h the Work. Cit y will provide
construction stake s or othe r customary method of markin g to establis h lin e and grade s for roadwa y
and utilit y construction, centerlines and benchmarks for bridgework. Contractor shall protec t and
preserve the establishe d reference points and property monuments , and shall make no change s or
relocations . Contractor shall repor t to Cit y wheneve r any reference point or property monument is
los t or destroye d or require s relocation because of necessary change s in grade s or locations . The
Cit y shall be responsible for the replacement or relocation of reference points or property
monument s not carelessly or willfully destroye d by the Contractor . The Contractor shall notif y
Cit y in advanc e and wit h sufficien t time to avoid delays.
B. Whenever, in the opinion of the City , any referenc e point or monument ha s bee n carelessly or
willfull y destroyed, disturbed, or remove d by the Contractor or any of his employees , the full cos t
for replacing suc h points plu s 25% will be charge d agains t the Contractor, and the full a mount will
be deducte d from payment due the Contractor.
4.06 Hazardous Environmenta l Conditio n a t Site
A. Reports and Drawings : The Supple mentary Conditions ide ntif y thos e report s and drawings know n
to Cit y relatin g to Hazardous Environmenta l Conditions tha t have bee n identifie d at the Site.
B. Limited Reliance by Contractor o n Technical Data Authorized : Contractor may rely upon the
accuracy of the “technical data ” containe d in such reports and drawings , but suc h reports and
drawings are not Contrac t Documents . Suc h “technical data ” is identifie d in the Supple mentary
Conditions . Contractor may not make any Contrac t Claim agains t City , or any of their officers,
directors , members , partners , employees , agents , consultants , or subcontractors wit h respect to:
1. the completeness of suc h reports and drawings for Contractor’s purposes , including , but not
limite d to, any aspects of the means, methods , techniques , sequence s and procedure s of
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 15 of 63
construction to be employe d by Contractor and safety precautions and progra ms incident
thereto; or
2. othe r data , interpretations , opinions and infor matio n containe d in suc h reports or show n or
indicate d in suc h drawings ; or
3. any Contractor interpretation of or conclusion draw n from any “technical data ” or any such
othe r data , interpretations , opinions or infor mation.
C. Contractor shall not be responsible for a ny Hazardous Environmenta l Condition uncovere d or
revealed at the Sit e whic h was not show n or indica ted in Drawings or Specification s or identif ied
in the Contrac t Documents to be within the scope of the Work. Contractor shall be responsible for
a Hazardous Environmenta l Condition created wit h any materials brought to the Sit e by
Contractor , Subcontractors , Suppliers , or anyone els e for whom Contractor is responsible.
D. If Contractor encounter s a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmenta l Condition, Contractor shall
immediately: (i) secure or otherwis e isolat e suc h condition; (ii) stop all Work in connection with
suc h condition and in any area affected thereby (except in an emergenc y as require d by Paragraph
6.17.A); and (iii) notify Cit y (and promptly thereafter confirm suc h notic e in writing). Cit y may
conside r the necessity to retain a qualifie d exper t to evaluate suc h condition or take corrective
action, if any.
E. Contractor shall not be require d to resume Wor k in connection wit h suc h condition or in any
affected area until afte r Cit y ha s obtaine d any require d permit s related thereto and delivered writte n
notic e to Contractor: (i) specifyin g tha t suc h condition and any affected area is or has bee n
rendere d suitable for the resumptio n of Work; or (ii) specifyin g any special conditions unde r whic h
suc h Work may be resumed.
F. If afte r receipt of suc h writte n notic e Contractor doe s not agre e to resume suc h Work base d on a
reasonable belie f it is unsafe , or doe s not agree to resume suc h Wor k unde r suc h special conditions ,
the n Cit y ma y orde r the portion of the Wor k tha t is in the are a affected by such condition to be
deleted from the Work. Cit y may have suc h deleted portion of the Work performed by City’s ow n
forces or others.
G. To th e fulles t extent permitte d by Law s and Re gulations, Contractor shall indemnify and hold
harmless City , from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges o f engineers, architects, attorneys, and other professionals and all court
o r arbitratio n o r other dispute resolutio n costs) arisin g out o f o r relatin g to a Hazardous
Environmental Condition created b y Contractor or b y anyone for whom Contractor is responsible.
Nothin g in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual o r entity
from and against th e consequences o f tha t individual’s o r entity’s own negligence.
H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovere d or revealed at the Site.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 16 of 63
ARTICLE 5 – BOND S AND INSURANCE
5.01 Licensed Suretie s and Insurers
All bonds and insuranc e require d by the Contrac t Documents to be purchase d and maintaine d by
Contractor shall be obtaine d from surety or insur anc e companie s tha t are duly license d or authorized
in the State of Texa s to issue bonds or insura nce policie s for the limit s and coverage s so required.
Suc h surety and insuranc e companie s shall als o meet suc h additiona l require ments and qualifications
as may be provide d in the Supple mentary Conditions.
5.02 Performance, Payment, and Maintenanc e Bonds
A. Contractor shall furnis h perfor manc e and payment bonds , in accordance wit h Texa s Government
Code Chapte r 2253 or successor statute , each in an amount equa l to the Contrac t Pric e as
security for the faithful perfor manc e and payment of all of Contractor’s obligations unde r the
Contrac t Documents.
B. Contractor shall furnis h maintenanc e bonds in a n amount equa l to the Contrac t Pric e as security
to protec t the Cit y agains t any defects in any portion of the Wor k describe d in the Contract
Documents . Maintenanc e bonds shall remain in effect for tw o (2) years a fte r the date of Final
Acceptance by the City.
C. All bonds shall be in the for m prescribe d by the Contrac t Document s except as provided otherwis e
by Laws or Regulations , and shall be executed by suc h suretie s as are na med in the list o f
“Companie s Holdin g Certificates of Authority as Acceptable Suretie s on Federal Bonds and a s
Acceptable Reinsurin g Companies ” as published in Circula r 570 (amended) by the Financial
Manage ment Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by
a n agent or attorney-in -fac t mus t be accompa nie d by a sealed and date d powe r of attorney whic h
shall show tha t it is effective on the date the agent or attorney-in -fact signe d each bond.
D. If the suret y on any bond furnishe d by Contractor is declared bankrupt or becomes insolvent or it s
righ t to do busines s is terminate d in the State of Texa s or it ceases to meet the require ments of
Paragraph 5.02.C, Contractor shall promptly notif y Cit y and shall, within 30 days afte r the event
givin g ris e to suc h notification , provide anothe r bond and surety, both of whic h shall comply wit h
the require ments of Paragraphs 5.01 and 5.02.C.
5.03 Certificates of Insurance
Contractor shall delive r to City , wit h copie s to each additiona l insure d and los s paye e identifie d in th e
Supple mentary Conditions , certificates of insura nc e (othe r evidenc e of insuranc e requested by Cit y or
any othe r additiona l insured) in at least the minimum amount as specified in the Supplementary
Conditions whic h Contractor is require d to purchas e and maintain.
1. The certificate of insuranc e shall document the City , and all identifie d entitie s na med in the
Supple mentary Conditions as “Additiona l Insured” on all liabilit y policies.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 17 of 63
2. The Contractor’s genera l liabilit y insuranc e shall includ e a, “pe r project ” or “pe r location”,
endorse ment , whic h shall be identifie d in the certificat e of insuranc e provide d to the City.
3. The certificate shall be signe d by an agent authorize d to bin d coverage on behalf of the insured ,
be complet e in it s entirety, and show complet e insuranc e carrier na me s as liste d in th e current
A.M. Best Property & Casualty Guide
4. The insurer s for all policie s mus t be license d and/or approve d to do busines s in the State of
Texas. Except for workers ’ compensation, all insurer s mus t have a minimum ratin g of A-:
VII in the current A. M. Best Key Ratin g Guid e or have reasonably equivalent financial
strength and solvenc y to the satisfaction of Ris k Manage ment. If the ratin g is belo w that
required, written approva l of Cit y is required.
5. All applicable policie s shall includ e a Waive r of Subrogation (Rights of Recovery) in favor
of the City . In addition, the Contractor agrees to waiv e all rights of subrogation agains t the
Enginee r (if applicable), and each additional insure d identifie d in the Supple mentary
Conditions
6. Failur e of the Cit y to de mand suc h certificates or othe r evidenc e of full complianc e wit h the
insuranc e require ments or failur e of the Cit y to identif y a deficiency from evidenc e tha t is
provide d shall not be construe d as a waive r of Contractor’s obligatio n to maintain suc h lines
of insuranc e coverage.
7. If insuranc e policie s are not writte n for specifie d coverage limits , an Umbrella or Excess
Liabilit y insuranc e for any differences is required. Excess Liabilit y shall follo w form of the
primary coverage.
8. Unles s otherwis e stated, all require d insuranc e shall be written on the “occurrenc e basis”. If
coverage is underwritte n on a claims-made basis , the retroactive date shall be coincident with
or prio r to the date of the effective date of the agreement and the certificate of insuranc e shall
state tha t the coverage is claims-made and the retroactive date . The insuranc e coverage shall
be maintaine d for the duration of the Contrac t and for thre e (3) years followin g Final
Acceptance provide d unde r the Contrac t Documents or for the warranty period, whicheve r is
longer. An annua l certificate of insuranc e submitte d to the Cit y shall evidenc e such
insuranc e coverage.
9. Policie s shall have no exclusions by endorse ments , which , neithe r nullif y or a mend, the
require d line s of coverage , nor decrease the limit s of said coverage unles s suc h endorse ments
are approve d in writin g by the City . In the event a Contrac t ha s bee n bid or executed and the
exclusions are determine d to be unacceptable or the Cit y desire s additiona l insurance coverage ,
and the Cit y desire s the contractor/enginee r to obtain suc h coverage , the contract pric e shall
be adjuste d by the cos t of the pre miu m for suc h additiona l coverage plu s 10%.
10. Any self -insure d retention (SIR), in excess of $25,000.00, affecting require d insurance
coverage shall be approve d by the Cit y in regards to asset valu e and stockholders ' equity. In
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 18 of 63
lie u of traditiona l insurance , alternative cover age maintaine d through insuranc e pools or risk
retention groups , mus t als o be approve d by City.
11. Any deductible in excess of $5,000.00, for any polic y tha t doe s not provide coverage on a
first-dolla r basis , mus t be acceptable to and approve d by the City.
12. City , at it s sole discretion , reserves the righ t to revie w the insuranc e require ments and to
make reasonable adjust ments to insuranc e coverage’s and their limit s whe n dee med necessary
and prudent by the Cit y base d upon change s in statutory law , court decisio n or the claims
histor y of the industry as well as of the contracting party to the City . The Cit y shall b e require d
to provide prio r notic e of 90 days , and the insuranc e adjustments shall be incorporate d int o the
Wor k by Change Order.
13. Cit y shall be entitled , upon writte n reques t and without expense , to receive copie s of policies
and endorse ments thereto and may make any reasonable requests for deletio n or revisio n or
modification s of particula r polic y terms, conditions , limitations , or exclusions necessary to
conform the polic y and endorse ments to the require ments of the Contract. Deletions, revisions ,
or modification s shall not be require d where polic y provisions are establishe d by la w or
regulations binding upon eithe r party or the underwrite r on any suc h policies.
14. Cit y shall not be responsible for the direct payment of insuranc e pre miu m costs for
Contractor’s insurance.
5.04 Contractor’s Insurance
A. Worker s Compensation and Employers’ Liability. Contractor shall purchas e and maintain such
insuranc e coverage wit h limit s consistent wit h statutor y bene fit s outline d in the Texa s Workers’
Compensation Act (Texa s Labor Code , Ch. 406, as amended), and minimum limit s for Employers ’
Liabilit y as is appropriate for the Wor k bein g per formed and as will provide protection from claims
set forth belo w whic h may aris e out of or result from Contractor’s performanc e of the Wor k and
Contractor’s othe r obligations unde r the Contrac t Documents, whethe r it is to be perfor med by
Contractor, any Subcontractor or Supplier, or by anyone directly o r indirectly employe d by any of
the m to perfor m any of the Work, or by anyone for whos e acts any of the m may be liable:
1. claims unde r workers ’ compensation, disabilit y benefits , and othe r simila r employe e benefit
acts;
2. claims for da mage s because of bodily injury , occupationa l sicknes s or disease, or death of
Contractor’s employees.
B. Commercia l General Liability . Coverage shall includ e but not be limite d to covering liability
(bodily injur y or property da mage ) arisin g from: pre mises/operations , independent contractors,
products/complete d operations , persona l injury , and liabilit y unde r an insure d contract. Insurance
shall be provide d on an occurrenc e basis , and as comprehensive as the current Insuranc e Services
Office (ISO) policy . This insuranc e shall apply a s primary insuranc e wit h respect to any other
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 19 of 63
insuranc e or self-insuranc e progra ms afforde d to the City . The Commercial General Liability
policy , shall have no exclusions by endorse ments that would alte r of nullif y pre mises/operations,
products/complete d operations , contractual, per sona l injury , or advertisin g injury , whic h are
normally containe d wit h the policy , unles s the Cit y approve s suc h exclusions in writing.
For construction projects tha t present a substa ntia l complete d operation exposure , the Cit y may
require the contractor to maintain complete d operations coverage for a minimum of no les s than
thre e (3) years followin g the completio n of the projec t (if identifie d in the Supple mentary
Conditions).
C. Automobile Liability . A commercial busines s auto polic y shall provide coverage on “any auto”,
define d as autos owned, hire d and non-owne d and provide inde mnit y for claims for da mages
because bodily injur y or death of any person and or property da mage arisin g out of the work,
maintenanc e or us e of any motor vehicle by the Contractor , any Subcontractor or Supplier , or by
anyone directly or indirectly employe d by any of the m to perform any of the Work, or by anyone
for whos e acts any of the m may be liable.
D. Railroa d Protectiv e Liability. If any of the wor k or any warranty wor k is within the limit s of
railroa d right-of-way, the Contractor shall comply wit h the require ments identifie d in the
Supple mentary Conditions.
E. Notificatio n of Policy Cancellation: Contractor shall immediately notif y Cit y upon cancellation
or othe r los s of insuranc e coverage . Contractor shall stop wor k until replacement insuranc e has
bee n procured. Ther e shall be no time credit for days not worke d pursuant to this section.
5.05 Acceptance o f Bond s and Insurance; Option to Replace
If Cit y ha s any objectio n to the coverage afforded by or othe r provisions of the bonds or insurance
require d to be purchase d and maintaine d by the Contractor in accordance wit h Article 5 on the basis
of non-conformanc e wit h the Contrac t Documents , the Cit y shall so notify the Contractor in writing
within 10 Busines s Days after receipt of the certificates (or othe r evidenc e requested). Contractor shall
provide to the Cit y suc h additiona l infor matio n in respect of insuranc e provide d as the Cit y may
reasonably request. If Contractor doe s not purcha se or maintain all of the bonds and insurance require d
by the Contrac t Documents , the Cit y shall notify the Contractor in writin g of suc h failure prio r to the
start of the Work, or of suc h failur e to maintain prio r to any change in the required coverage.
ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES
6.01 Supervision an d Superintendence
A. Contractor shall supervise , inspect, and direc t the Wor k competently and efficiently , devoting
suc h attention thereto and applying suc h skills and expertis e a s ma y be necessary to per for m the
Wor k in accordance wit h the Contrac t Documents . Contractor shall be solely responsible for the
means, methods , techniques , sequences, and procedure s of construction.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 20 of 63
B. At all times during the progres s of the Work, Contractor shall assign a competent, English -
speaking, Superintendent who shall not be replaced without writte n notic e to City . The
Superintendent will be Contractor’s representative at the Sit e and shall have authority to act on
behalf of Contractor. All communicatio n give n to or received from the Superintendent shall be
binding on Contractor.
C. Contractor shall notify the Cit y 24 hour s prio r to moving areas during the sequenc e of construction.
6.02 Labor; Workin g Hours
A. Contractor shall provide competent, suitably qualifie d personne l to perfor m construction as
require d by the Contrac t Documents . Contractor shall at all time s maintain good disciplin e and
orde r at the Site.
B. Except as otherwis e require d for the safety or protection of persons or the Work or property at
the Sit e or adjacent thereto, and except as otherwise state d in the Contrac t Documents , all Work
at the Sit e shall be perfor med during Regula r Working Hours . Contractor will not permit the
perfor manc e of Wor k beyond Regula r Working Hours or for Weekend Working Hours without
City’s writte n consent (whic h will not be unrea sonably withheld). Written reques t (by letter or
electronic communication) to perfor m Work:
1. for beyond Regula r Working Hours reques t mus t be made by noon at least two (2) Business
Days prior
2. for Weekend Working Hour s reques t mus t be made by noon of the preceding Thursday
3. for lega l holidays reques t mus t be made by noon two Busines s Days prio r to the legal
holiday.
6.03 Services, Materials, and Equipment
A. Unles s otherwis e specifie d in the Contrac t Documents , Contractor shall provide and assume full
responsibilit y for all services, materials, equipment, labor, transportation, construction equipment
and machinery, tools , appliances, fuel, power, light , heat, telephone , water, sanitary facilities,
te mporar y facilities , and all othe r facilitie s and incidentals necessary for the per formance,
Contractor require d testing, start-up, and completio n of the Work.
B. All materials and equipment incorporate d int o the Wor k shall be as specifie d or , if not specified,
shall be of good qualit y and new , except as other wis e provide d in the Contrac t Documents . All
special warranties and guarantee s require d by the Specifications shall expressly run to the benefit
of City . If require d by City , Contractor shall furnis h satisfactory evidenc e (includin g reports of
require d tests ) as to the source , kind, and qualit y of materials and equipment.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 21 of 63
C. All materials and equipment to be incorporate d into the Wor k shall be stored, applied , installed,
connected, erected, protected, used, cleaned, and conditione d in accordance wit h instructions of
the applicable Supplier , except as otherwis e ma y be provide d in the Contrac t Documents.
D. All ite ms of standar d equipment to be incorporate d int o the Work shall be the latest mode l at the
time of bid , unles s otherwis e specified.
6.04 Projec t Schedule
A. Contractor shall adher e to the Projec t Schedule establishe d in accordance wit h Paragraph 2.07
and the General Require ments as it may be adjuste d from time to time as provide d below.
1. Contractor shall submit to Cit y for acceptance (to the extent indicate d in Paragraph 2.07 and
the General Require ments ) propose d adjustment s in the Projec t Schedule tha t will not result
in changing the Contrac t Time . Suc h adjustme nts will comply wit h any provisions of the
General Require ments applicable thereto.
2. Contractor shall submit to Cit y a monthly Projec t Schedule wit h a monthly progres s payment
for the duration of the Contrac t in accordance wit h the schedule specification 01 32 16.
3. Propose d adjustments in the Projec t Schedule tha t will change the Contrac t Time shall be
submitted in accordance wit h the require ments of Article 12. Adjustments in Contrac t Time
may only be made by a Change Order.
6.05 Substitutes and “Or -Equals”
A. Wheneve r an ite m of material or equipment is specifie d or describe d in the Contrac t Documents
by usin g the na me of a proprietar y ite m or the na me of a particula r Supplier, the specificatio n or
descriptio n is intende d to establis h the type, function, appearance, and qualit y required. Unless the
specification or descriptio n contains or is followe d by words reading tha t no like , equivalent, or
“or -equal” ite m or no substitution is per mitted, othe r ite ms of material or equipment of other
Supplier s may be submitte d to Cit y for revie w unde r the circumstances describe d below.
1. “Or -Equal” Items : If in City’s sole discretio n an ite m of material or equipment propose d by
Contractor is functionally equa l to tha t na med and sufficiently simila r so tha t no change in
related Work will be required, it may be conside red by Cit y as an “or -equal” ite m, in which
case revie w and approva l of the propose d ite m may, in City’s sole discretion , be accomplishe d
without complianc e wit h some or all of the require ments for approva l of propose d substitute
ite ms. For the purpose s of this Paragraph 6.05.A.1, a propose d ite m of material or equipment
will be considere d functionally equa l to an ite m so na med if:
a. the Cit y determine s that:
1) it is at least equa l in materials of construction, quality , durability , appearance,
strength, and desig n characteristics;
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 22 of 63
2) it will reliably per form a t least equally well the function and achieve the results
impose d by the desig n concept of the complete d Projec t a s a functioning whole ; and
3) it ha s a prove n record of performanc e and availabilit y of responsive service; and
b. Contractor certifie s that, if approve d and incorporate d int o the Work:
1) there will be no increase in cos t to the Cit y or increase in Contrac t Time; and
2) it will confor m substantially to the detailed require ments of the ite m na med in the
Contrac t Documents.
2. Substitute Items:
a. If in City’s sole discretio n an ite m of material or equipment propose d by Contractor does
not qualif y as an “or -equal” ite m unde r Paragraph 6.05.A.1, it may be submitte d as a
propose d substitute ite m.
b. Contractor shall submit sufficien t in for matio n as provide d belo w to allo w Cit y to determin e
if the ite m of material or equipment propose d is essentially equivalent to that na med and
an acceptable substitute therefor. Requests for revie w of propose d substitute ite ms of
material or equipment will not be accepted by Cit y from anyone othe r than Contractor.
c. Contractor shall make writte n applicatio n to Cit y for revie w of a propose d substitute item
of material or equipment tha t Contractor seeks to furnis h or use . The applicatio n shall
comply wit h Section 01 25 00 and:
1) shall certify tha t the propose d substitute ite m will:
a ) perfor m adequately the functions and achie ve the result s calle d for by the general
design;
b) be simila r in substanc e to tha t specified;
c) be suite d to the same us e as tha t specified; and
2) will state:
a) the extent , if any, to whic h the us e of the propose d substitute ite m will prejudice
Contractor’s achievement of fina l completio n on time;
b) whethe r us e of the propose d substitute ite m in the Wor k will require a change in
any of the Contrac t Documents (or in the provisions of any othe r direc t contract
wit h Cit y for othe r wor k on the Projec t) to adapt the desig n to the proposed
substitute ite m;
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 23 of 63
c) whethe r incorporation or us e of the propose d substitute ite m in connection with
the Wor k is subjec t to payment of any licens e fe e or royalty; and
3) will identify:
a) all variation s of the propose d substitute ite m from tha t specified;
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an ite mize d estimate of all cos ts or credits tha t will result directly or
indirectly from us e of suc h substitute ite m, includin g costs of redesign and Damage
Claims of othe r contractor s affected by any resultin g change.
B. Substitute Constructio n Methods o r Procedures: If a specific means, method, technique, sequence ,
or procedur e of construction is expressly require d by the Contrac t Documents, Contractor may
furnis h or utiliz e a substitut e means , method, technique , sequence , or procedure of constructio n
approve d by City . Contractor shall submit sufficien t in formatio n to allo w City , in City’s sole
discretion , to determin e tha t the substitute propose d is equivalent to tha t expressly called for by
the Contrac t Documents . Contractor shall make written applicatio n to Cit y for revie w in the same
manne r as thos e provide d in Paragraph 6.05.A.2.
C. City’s Evaluation : Cit y will be allowe d a reasonable time within whic h to evaluate each
proposa l or submittal made pursuant to Paragraphs 6.05.A and 6.05.B . Cit y ma y require Contractor
to furnis h additiona l data about the propose d substitute . Cit y will be the sole judge of acceptability.
No “or -equal” or substitute will be ordered, installe d or utilize d until City’s review is complete ,
whic h will be evidence d by a Change Orde r in the case of a substitute and an accepted Submitta l
for an “or -equal.” Cit y will advis e Contractor in writin g of it s determination.
D. Special Guarantee: Cit y ma y require Contractor to furnis h at Contractor’s expens e a special
per for manc e guarantee , warranty, or othe r surety wit h respect to any substitute . Contractor shall
indemnify and hold harmless City and anyone directly o r indirectly employed b y them from and
against any and all claims, damages, losse s and expenses (including attorney s fees ) arisin g out of
th e use o f substituted materials or equipment.
E. City’s Cost Reimbursement: Cit y will record City’s cost s in evaluating a substitute propose d or
submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B . Whethe r or not City
approve s a substitute so propose d or submitte d by Contractor , Contractor may be require d to
reimburs e Cit y for evaluating each suc h propose d substitute . Contractor may als o be require d to
reimburs e Cit y for the charge s for makin g change s in the Contrac t Documents (or in the provision s
of any othe r direc t contrac t wit h City ) resultin g from the acceptance of each proposed substitute.
F. Contractor’s Expense : Contractor shall provide all data in suppor t of any propose d substitute or
“or -equal” at Contractor’s expense.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 24 of 63
G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute
shall be incorporate d to the Contrac t by Change Order.
H. Time Extensions: No additiona l time will be grante d for substitutions.
6.06 Concerning Subcontractors, Suppliers , an d Others
A. Contractor shall perfor m wit h his ow n organization , wor k of a valu e not les s tha n 35% of the
valu e e mbraced on the Contract, unles s otherwis e approve d by the City.
B. Contractor shall not emplo y any Subcontractor, Supplier , or othe r individua l or entity, whether
initiall y or as a replacement, agains t whom Cit y may have reasonable objection. Contractor shall
not be require d to emplo y any Subcontractor , Supplier, or othe r individua l or entit y to furnis h or
perfor m any of the Wor k aga ins t whom Contractor ha s reasonable objectio n (excluding those
acceptable to Cit y as indicate d in Paragraph 6.06.C).
C. The Cit y may from time to time requir e the us e of certain Subcontractors , Suppliers , or other
individuals or entitie s on the project, and will provide suc h require ments in the Supple mentary
Conditions.
D. Minority Busines s Enterprise Compliance: It is Cit y polic y to ensur e the full an d equitable
participatio n by Minorit y Busines s Enterprise s (MBE) in the procure ment of goods and services
on a contractua l basis . If the Contrac t Documents provide for a MBE goal, Contractor is require d
to comply wit h the inten t of the City’s MBE Ordinance (a s amended) by the following:
1. Contractor shall, upon reques t by City , provide complet e and accurate infor matio n regarding
actual work performed by a MBE on the Contrac t and payment therefor.
2. Contractor will not make additions , deletion s, or substitutions of accepted MBE without
written consent of the City . Any unjustifie d change or deletio n shall be a material breach of
Contrac t and may result in debarment in accordanc e wit h the procedure s outline d in the
Ordinance.
3. Contractor shall, upon reques t by City , allo w an audit and/or exa minatio n of any books, records ,
or file s in the possession of the Contractor tha t will substantiate the actual work perfor med by
an MBE. Material misrepresentation of any nature will be grounds for terminatio n of the
Contrac t in accordanc e wit h Paragraph 15.02.A . Any such misrepresentation ma y be ground s
for disqualificatio n of Contractor to bid on future contracts wit h the Cit y for a perio d of
not les s tha n thre e years.
E. Contractor shall be fully responsible to Cit y for all acts and omission s of the Subcontractors,
Suppliers , and othe r individuals or entitie s per formin g or furnishing any of the Wor k jus t as
Contractor is responsible for Contractor’s own acts and omissions . Nothing in the Contract
Documents:
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 25 of 63
1. shall create for the bene fit of any suc h Subcontractor, Supplier, or othe r individua l or entity
any contractua l relationship between Cit y and any suc h Subcontractor , Supplie r or other
individua l or entity; nor
2. shall create any obligatio n on the part of Cit y to pa y or to see to the payment of any moneys
due any suc h Subcontractor , Supplier , or othe r individua l or entit y except as may otherwise be
require d by Laws and Regulations.
F. Contractor shall be solely responsible for scheduling and coordinating the Wor k of Subcontractors ,
Suppliers , and othe r individuals or entitie s per for min g or furnishing any of the Work unde r a direc t
or indirec t contrac t wit h Contractor.
G. All Subcontractors , Suppliers , and suc h othe r individuals or entitie s per formin g or furnishing any
of the Wor k shall communicat e wit h Cit y through Contractor.
H. All Work per formed for Contractor by a Subcontractor or Supplie r will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplie r whic h specifically
binds the Subcontractor or Supplie r to the applicable terms and conditions of the Contract
Documents for the benefit of City.
6.07 Wag e Rates
A. Duty to pay Prevailin g Wag e Rates. The Contractor shall comply wit h all require ments of
Chapte r 2258, Texa s Government Code (as a mended), includin g the payment of not les s tha n the
rate s determine d by the Cit y Council of the Cit y of Fort Worth to be the prevailin g wage rates in
accordance wit h Chapte r 2258. Suc h prevailin g wage rate s are include d in thes e Contract
Documents.
B. Penalty for Violation. A Contractor or any Subcontractor who doe s not pa y the prevailin g wage
shall, upon de mand made by the City , pa y to the Cit y $60 for each worke r employe d for each
calendar da y or par t of the da y tha t the worke r is paid les s tha n the prevailin g wage rates stipulate d
in thes e contrac t documents . This penalt y shall be retained by the Cit y to offset its ad ministrativ e
costs , pursuant to Texa s Government Code 2258.023.
C. Complaints o f Violation s and City Determinatio n o f Goo d Cause. On receipt of infor mation,
includin g a complain t by a worker, conce rnin g a n allege d violatio n of 2258.023, Texas
Government Code , by a Contractor or Subcontractor , the Cit y shall make an initial
determination , before the 31s t da y after the date the Cit y receives the information , a s to whether
good cause exist s to believ e tha t the violatio n occurred. The Cit y shall notif y in writin g the
Contractor or Subcontractor and any affected worker of it s initia l determination . Upon the City’s
determinatio n tha t ther e is good cause to believ e the Contractor or Subcontractor ha s violated
Chapte r 2258, the Cit y shall retain the full amounts claimed by the claimant or claimants as the
difference between wage s paid and wage s due unde r the prevailin g wage rates, suc h amounts bein g
subtracte d from successive progres s payments pending a fina l determinatio n of the violation.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 26 of 63
D. Arbitratio n Required if Violation Not Resolved. An issue relatin g to an allege d violatio n of Section
2258.023, Texa s Government Code , includin g a penalty owe d to the Cit y or an affected worker,
shall be submitte d to binding arbitratio n in accordance wit h the Texa s General Arbitration Act
(Article 224 et se q., Revise d Statutes) if the Contractor or Subcontractor and any affected worke r
doe s not resolv e the issue by a greement befor e the 15th da y afte r the date the Cit y make s it s initia l
determinatio n pursuant to Paragraph C above . If the persons require d to arbitrate unde r this
section do not agre e on an arbitrator before the 11th da y after the date that arbitration is required ,
a distric t court shall appoint an arbitrator on the petitio n of any of the persons . The Cit y is not a
party in the arbitr ation . The decisio n and award of the arbitrator is fina l and binding on all partie s
and may be enforce d in any court of competent jurisdiction.
E. Records to b e Maintained . The Contractor and each Subcontractor shall, for a perio d of thre e (3)
years followin g the date of acceptance of the work, maintain records tha t show (i) the na me and
occupation of each worke r employe d by the Contrac tor in the construction of the Wor k provided
for in this Contract; and (ii) the actual pe r die m wage s paid to each worker . The records shall be
ope n at all reasonable hours for inspectio n by the City . The provisions of Paragraph 6.23, Right
to Audit, shall pertain to this inspectio n.
F. Progress Payments. Wit h each progres s payment or payroll period, whicheve r is less , the
Contractor shall submit an affidavit stating tha t the Contractor ha s complie d wit h the require ments
of Chapte r 2258, Texa s Government Code.
G. Postin g o f Wag e Rates. The Contractor shall pos t prevailin g wage rates in a conspicuous plac e at
all times.
H. Subcontractor Compliance. The Contractor shall includ e in it s subcontracts and/or shall
otherwis e requir e all of it s Subcontractor s to comply wit h Paragraphs A through G above.
6.08 Paten t Fees and Royalties
A. Contractor shall pa y all licens e fees and royaltie s and assume all costs inciden t to the us e in the
perfor manc e of the Work or the incorporation in the Wor k of any invention, design, process,
product, or devic e whic h is the subjec t of patent rights or copyrights held by others . If a particula r
invention, design, process , product, or devic e is specifie d in the Contrac t Documents for us e in the
perfor manc e of the Work and if , to the actual knowledge of City , it s us e is subject to patent right s
or copyrights callin g for the payment of any licens e fe e or royalty to others , the existenc e of suc h
rights shall be disclose d by Cit y in the Contrac t Documents . Failur e of the City t o disclos e suc h
infor matio n doe s not reliev e the Contractor from it s obligations to pa y for the us e of said fees or
royaltie s to others.
B. To th e fullest extent permitte d b y Laws and Regulations, Contractor shall indemnify and hold
harmless City , from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges o f engineers, architects, attorneys, and other professionals and all court
o r arbitratio n or other dispute resolutio n costs ) arising out o f o r relatin g to any infringement of
patent rights o r copyrights incident to th e use in th e performance of th e Wor k o r resultin g from
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 27 of 63
th e incorporation in th e Wor k o f any invention , design, process, product, or device not specified
in th e Contract Documents.
6.09 Permits and Utilities
A. Contractor obtained permit s and licenses. Contractor shall obtain and pa y for all construction
permit s and license s except thos e provide d for in the Supple mentary Conditions or Contract
Documents . Cit y shall assist Contractor , whe n necessary, in obtaining suc h per mit s and licenses.
Contractor shall pa y all governmenta l charge s and inspectio n fees necessary for the prosecution of
the Wor k whic h are applicable at the time of opening of Bids , or , if ther e are no Bids , on the
Effective Date of the Agree ment, except for permit s provide d by the Cit y as specifie d in 6.09.B.
Cit y shall pa y all charge s of utilit y owners for connections for providing permanent servic e to the
Work.
B. City obtained permit s and licenses. Cit y will obtain and pa y for all per mit s and license s as provide d
for in the Supple mentary Conditions or Contrac t Documents . It will be the Contractor’s
responsibilit y to carry out the provisions of the permit . If the Contractor initiate s change s to the
Contrac t and the Cit y approve s the changes , the Contractor is responsible for obtaining clearances
and coordinating wit h the appropriate regulatory agency. The Cit y will not reimburse the
Contractor for any cos t associated wit h these require ments of any Cit y acquire d per mit . The
followin g are per mit s the Cit y will obtain if required:
1. Texa s Department of Transportation Permits
2. U.S. Army Corps of Engineer s Permits
3. Texa s Commissio n on Environmenta l Qualit y Permits
4. Railroa d Company Permits
C. Outstanding permit s and licenses. The Cit y anticipates acquisitio n of and/or access to permits
and licenses. Any outstanding permit s and license s are anticipated to be acquire d in accordance
wit h the schedule set forth in the Supple mentary Conditions . The Projec t Schedule submitte d by
the Contractor in accordance wit h the Contr ac t Documents mus t conside r any outstanding per mit s
and licenses.
6.10 Laws and Regulations
A. Contractor shall giv e all notice s require d by and shall comply wit h all Laws and Regulations
applicable to the performanc e of the Work. Except wher e otherwis e expressly require d by
applicable Laws and Regulations , the Cit y shall not be responsible for monitoring Contractor’s
complianc e wit h any Laws or Regulations.
B. If Contractor perfor ms any Wor k knowing or having reason to know tha t it is contrary to Laws or
Regulations , Contractor shall bea r all claims, costs , losses, and da mage s (includin g but not limite d
to all fees and charge s of engineers , architects, attorneys , and othe r professionals and all
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 28 of 63
court or arbitratio n or othe r dispute resolutio n c osts) arisin g out of or relatin g to suc h Work.
However, it shall not be Contractor’s responsibilit y to make certain tha t the Specifications and
Drawings are in accordance wit h Laws and Regulations , but this shall not reliev e Contractor of
Contractor’s obligations unde r Paragraph 3.02.
C. Change s in Laws or Regulations not know n at the time of opening of Bid s having an effect on
the cos t or time of perfor manc e of the Wor k ma y be the subjec t of an adjustment in Contract Price
or Contrac t Time.
6.11 Taxes
A. On a contrac t awarded by the City , an organization whic h qualifie s for exe mptio n pursuant to
Texa s Tax Code , Subchapte r H, Sections 151.301-335 (as amended), the Contractor may purchase ,
rent or lease all materials, supplie s and equipment use d or consumed in the performanc e of this
contrac t by issuin g to his supplie r an exe mptio n certificate in lie u of the tax, said exe mptio n
certificate to comply wit h State Comptroller’s Rulin g .007. Any suc h exe mption certificate issued
to the Contractor in lie u of the ta x shall be subjec t to and shall comply wit h the provision of State
Comptroller’s Rulin g .011, and any othe r applicable ruling s pertainin g to the Texa s Tax Code ,
Subchapte r H.
B. Texa s Ta x permit s and infor matio n may be obtaine d from:
1. Comptrolle r of Public Accounts
Sale s Ta x Division
Capito l Station
Austin, TX 78711; or
2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html
6.12 Use o f Site and Other Areas
A. Limitatio n on Use o f Site and Other Areas:
1. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of worker s to the Sit e and othe r areas permitte d by Laws and Regulations , and
shall not unreasonably encumbe r the Sit e and othe r areas wit h construction equipment or othe r
materials or equipment. Contractor shall assume full responsibilit y for any da mage to any suc h
lan d or area, or to the owne r or occupant thereof, or of any adjacent lan d or areas resulting
from the performanc e of the Work.
2. At any time when, in the judgment of the City , the Contractor ha s obstructe d or close d or is
carrying on operations in a portion of a street, right-of-way, or easement greater tha n is
necessary for prope r execution of the Work, the Cit y ma y requir e the Contractor to finis h the
section on whic h operations are in progres s before work is commenced on any additional
area of the Site.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 29 of 63
3. Should any Damage Claim be made by any suc h owne r or occupant because of the perfor manc e
of the Work, Contractor shall promptly atte mpt to resolv e the Damage Claim.
4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City , from and
against all claims , costs , losses, an d damages arisin g out of or relating to any clai m or action ,
lega l or equitable, brought by any such owner o r occupant against City.
B. Removal of Debris During Performance o f th e Work : Durin g the progres s of the Work
Contractor shall kee p the Sit e and othe r areas free from accumulation s of waste materials, rubbish ,
and othe r debris . Remova l and disposa l of suc h waste materials, rubbish, and other debris shall
confor m to applicable Laws and Regulations.
C. Site Maintenance Cleaning : 24 hours afte r written notic e is give n to the Contractor tha t the
clean-up on the jo b sit e is proceeding in a manne r unsatisfactor y to the City , if the Contractor fails
to correct the unsatisfactory procedure , the Cit y may take suc h direc t action a s the City dee ms
appropriate to correct the clean-up de ficiencie s cite d to the Contractor in the written notic e
(by letter or electronic communication), and the costs of suc h direc t action, plu s 25 % of suc h
costs , shall be deducte d from the monie s due or to become due to the Contractor.
D. Fina l Site Cleaning: Prio r to Fina l Acceptance of the Wor k Contractor shall clean the Sit e and
the Wor k and make it ready for utilizatio n by Cit y or adjacent property owner. At the completion
of the Wor k Contractor shall remove from the Sit e all tools , appliances, construction equipment
and machinery, and surplus materials and shall restore to origina l condition or bette r all property
disturbe d by the Work.
E. Loading Structures: Contractor shall not loa d nor permit any part of any structure to be loaded
in any manne r tha t will endange r the structure , nor shall Contractor subjec t any part of the Work
or adjacent property to stresses or pressure s tha t will endange r it.
6.13 Record Documents
A. Contractor shall maintain in a safe plac e a t the Sit e or in a plac e designate d by the Contractor and
approve d by the City , one (1) record copy of all Drawings , Specifications, Addenda , Change
Orders, Field Orders, and written interpretations and clarification s in good orde r and annotate d to
show change s made during construction. Thes e record documents togethe r wit h all approved
Sa mple s and a counterpart of all accepted Submittals will be available to Cit y for reference. Upon
completio n of the Work, thes e record documents , any operation and maintenanc e manuals, and
Submittals will be delivere d to Cit y prio r to Fina l Inspection. Contractor shall include accurate
location s for burie d and imbedde d ite ms.
6.14 Safety and Protection
A. Contractor shall be solely responsible for initiating , maintainin g and supervising all safety
precautions and progra ms in connection wit h the Work. Suc h responsibilit y doe s not relieve
Subcontractors of their responsibilit y for the safety of persons or property in the performanc e of
their work, nor for complianc e wit h applicable safety Laws and Regulations . Contractor shall
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 30 of 63
take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent da mage , injur y or los s to:
1. all persons on the Sit e or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporate d therein, whethe r in storage on
or off the Site ; and
3. othe r property at the Sit e or adjacent thereto, includin g trees, shrubs , lawns , walks,
pave ments , roadways , structures , utilities , and Underground Facilitie s not designate d for
removal, relocation, or replacement in the cours e of construction.
B. Contractor shall comply wit h all applicable Law s and Regulations relatin g to the safety of
persons or property, or to the protection of persons or property from da mage , injury , or loss ; and
shall erect and maintain all necessary safeguards for suc h safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilitie s and othe r utilit y owners when
prosecution of the Work may affect the m, and shall cooperate wit h the m in the protection,
removal, relocation, and replacement of their property.
C. Contractor shall comply wit h the applicable require ments of City’s safety progra ms, if any.
D. Contractor shall inform Cit y of the specific requirements of Contractor’s safety progra m, if any,
wit h whic h City’s e mployee s and representatives mus t comply while at the Site.
E. All da mage , injury , or los s to any propert y referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused,
directly or indirectly , in whole or in part, by Contractor, any Subcontractor , Supplier , or any othe r
individua l or entit y directly or indirectly employe d by any of the m to per for m any of the Work ,
or anyone for whos e acts any of the m may be liable , shall be remedie d by Contractor.
F. Contractor’s dutie s and responsibilitie s for safety and for protection of the Wor k shall continue
until suc h time as all the Work is complete d and Cit y ha s accepted the Work.
6.15 Safety Representative
Contractor shall inform Cit y in writin g of Contrac tor’s designate d safety representative at the Site.
6.16 Hazard Communicatio n Programs
Contractor shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communicatio n informatio n require d to be made available to or exchange d between or among
employer s in accordance wit h Laws or Regulations.
6.17 Emergencies and/or Rectification
A. In e mergencies affecting the safety or protection of persons or the Wor k or property at the Sit e or
adjacent thereto, Contractor is obligate d to act to prevent threatened da mage , injury , or loss.
Contractor shall giv e Cit y prompt written notice if Contractor believe s tha t any significant
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 31 of 63
change s in the Wor k or variation s from the Contrac t Documents have bee n caused thereby or are
require d a s a result thereof. If Cit y determine s tha t a change in the Contrac t Documents is require d
because of the action take n by Contractor in respons e to suc h an emergency, a Change Orde r may
be issued.
B. Should the Contractor fail to respond to a reques t from the Cit y to rectify any discrepancies,
omissions , or correction necessary to conform wit h the require ments of the Contrac t Documents,
the Cit y shall giv e the Contractor writte n notic e that suc h work or change s are to be per formed.
The writte n notic e shall direc t attention to the discrepant condition and reques t the Contractor to
take remedia l action to correc t the condition. In the event the Contractor doe s not take positive
steps to fulfill this writte n request, or doe s not show jus t cause for not takin g the prope r action,
within 24 hours , the Cit y may take suc h remedia l action wit h Cit y forces or by contract. The City
shall deduc t an amount equa l to the entir e costs for suc h remedia l action, plu s 25%, from any
funds due or become due the Contractor on the Project.
6.18 Submittals
A. Contractor shall submit require d Submittals to Cit y for revie w and acceptance in accordance
wit h the accepted Schedule of Submittals (a s require d by Paragraph 2.07). Each submitta l will be
identifie d as Cit y may require.
1. Submit numbe r of copie s specifie d in the General Require ments.
2. Data show n on the Submittals will be complet e wit h respect to quantities , dimensions, specifie d
performanc e and desig n criteria , materials, and simila r data to show Cit y the services,
materials, and equipment Contractor propose s to provide and to enable Cit y to revie w the
informatio n for the limite d purpose s require d by Paragraph 6.18.C.
3. Submittals submitted as herein provide d by Contractor and reviewed by Cit y for
conformanc e wit h the desig n concept shall be executed in confor mit y wit h the Contract
Documents unles s otherwis e require d by City.
4. Whe n Submittals are submitte d for the purpos e of showing the installatio n in greater detail,
their revie w shall not excus e Contractor from require ments show n on the Drawings and
Specifications.
5. For-Infor mation -Only submittals upon whic h the Cit y is not expected to conduc t revie w or
take responsive action ma y be so identifie d in the Contrac t Documents.
6. Submit require d numbe r of Sa mple s specifie d in the Specifications.
7. Clearly identif y each Sa mple as to material, Supplier , pertinent data suc h as catalog numbers,
the us e for whic h intende d and othe r data as Cit y may requir e to enable Cit y to revie w the
submitta l for the limite d purpose s require d by Paragraph 6.18.C.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 32 of 63
B. Wher e a Submitta l is require d by the Contrac t Documents or the Schedule of Submittals , any
related Wor k perfor me d prio r to City’s revie w and acceptance of the pertinent submitta l will be
at the sole expens e and responsibilit y of Contractor.
C. City’s Review:
1. Cit y will provide timely revie w of require d Submittals in accordance wit h the Schedule of
Submittals acceptable to City . City’s revie w and acceptance will be only to determin e if the
ite ms covere d by the submittals will, after inst allatio n or incorporation in the Work, conform
to the in for matio n give n in the Contrac t Documents and be compatible wit h the design concept
of the complete d Projec t as a functionin g whole as indicate d by the Contract Documents.
2. City’s revie w and acceptance will not extend to means, methods , techniques , sequences, or
procedure s of construction (except wher e a particula r means, method, technique , sequence,
or procedure of construction is specifically and expressly calle d for by the Contract
Documents ) or to safety precautions or progra ms inciden t thereto. The revie w and acceptance
of a separate ite m as suc h will not indicat e approva l of the assembly in whic h the item
functions.
3. City’s revie w and acceptance shall not relieve Contractor from responsibilit y for any
variatio n from the require ments of the Contrac t Documents unles s Contractor ha s complied
wit h the require ments of Section 01 33 00 and Cit y ha s give n writte n acceptance of each
suc h variatio n by specific writte n notation thereof incorporate d in or accompanying the
Submittal. City’s revie w and acceptance shall not reliev e Contractor from responsibilit y for
complyin g wit h the require ments of the Contrac t Documents.
6.19 Continuing th e Work
Except as otherwis e provided, Contractor shall carry on the Wor k and adhere to the Projec t Schedule
during all dispute s or disagree ments wit h City. No Wor k shall be delaye d or postpone d pending
resolutio n of any dispute s or disagree ments , except a s Cit y and Contractor ma y otherwis e agre e in
writing.
6.20 Contractor’s General Warranty and Guarantee
A. Contractor warrants and guarantee s to Cit y tha t all Wor k will be in accordance wit h the Contract
Documents and will not be de fective. Cit y and it s officers, directors , me mbers , partners,
employees , agents , consultants , and subcontractors shall be entitle d to rely on representation of
Contractor’s warranty and guarantee.
B. Contractor’s warranty and guarante e hereunde r exclude s defects or da mage caused by:
1. abuse , modification , or imprope r maintenanc e or operation by persons othe r tha n Contractor,
Subcontractors , Suppliers , or any othe r individua l or entit y for whom Contractor is
responsible ; or
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 33 of 63
2. nor mal wear and tea r unde r nor ma l usage.
C. Contractor’s obligatio n to perfor m and complet e the Work in accordanc e wit h the Contract
Documents shall be absolute . None of the followin g will constitute an acceptance of Work tha t is
not in accordance wit h the Contrac t Documents or a release of Contractor’s obligatio n to perform
the Work in accordance wit h the Contrac t Documents:
1. observations by City;
2. recommendation or payment by Cit y of any progres s or fina l payment;
3. the issuanc e of a certificate of Fina l Acceptance by Cit y or any payment related thereto by
City;
4. us e or occupanc y of the Wor k or any part thereof by City;
5. any revie w and acceptance of a Submitta l by City;
6. any inspection, test, or approva l by others ; or
7. any correction of defective Wor k by City.
D. The Contractor shall remedy any defects or da mage s in the Work and pa y for any da mage to
othe r work or property resultin g therefrom whic h shall appea r within a perio d of two (2) years
from the date of Fina l Acceptance of the Wor k unles s a longe r perio d is specifie d and shall furnis h
a good and sufficien t maintenanc e bond, complyin g wit h the require ments of Article
5.02.B. The Cit y will giv e notic e of observed defects wit h reasonable promptness.
6.21 Indemnification
A. Contracto r covenants and agree s to indemnify, hold harmles s and defend, at its o wn
expense , the City, its officers , servants and employees , fro m and agains t any and all claims
arising out of, o r allege d to aris e out of, the work and service s to be performe d by the
Contractor, its officers , agents , employees , subcontractors, licenses or invitee s unde r this
Contract . THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO
OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL
OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN
PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity
provisio n is intende d to include , without limitation, indemnit y fo r costs, expense s and legal
fee s incurre d by the City in defending agains t suc h claims and cause s o f actions.
B. Contracto r covenants and agree s to indemnify and hold harmless , at its o wn expense, the City,
its officers , servant s and employees , fro m and agains t any and all loss , damag e or destruction
of propert y o f the City, arising out of, o r allege d to aris e out of, the work and service s to be
performe d by the Contractor, its officers , agents , employees , subcontractors, licensee s or
invitee s unde r this Contract . THIS INDEMNIFICATION PROVISION IS
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 34 of 63
SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS
ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT
WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR
NEGLIGENCE OF THE CITY.
6.22 Delegatio n of Professional Design Services
A. Contractor will not be require d to provide professiona l desig n services unles s suc h services are
specifically require d by the Contrac t Documents for a portion of the Work or unles s such service s
are require d to carry out Contractor’s responsibilitie s for construction means, methods, techniques ,
sequence s and procedures.
B. If professiona l desig n services or certifications by a desig n professiona l related to systems,
materials or equipment are specifically require d of Contractor by the Contrac t Documents , City
will specify all per formanc e and desig n criteria tha t suc h services mus t satis fy. Contractor shall
cause suc h services or certifications to be provide d by a properly license d professional, whose
signatur e and seal shall appea r on all drawings , calculations, specifications, certifications, and
Submittals prepare d by suc h professional. Submittals related to the Wor k designe d or certifie d by
suc h professional, if prepare d by others , shall bea r suc h professional’s writte n approva l when
submitte d to City.
C. Cit y shall be entitle d to rely upon the adequa cy, accuracy and completeness of the services,
certifications or approvals perfor med by suc h desig n professionals , provide d Cit y ha s specified
to Contractor perfor manc e and desig n criteria tha t suc h services mus t satisfy.
D. Pursuant to this Paragraph 6.22, City’s revie w and acceptance of desig n calculations and design
drawings will be only for the limite d purpos e of checking for confor manc e wit h perfor manc e and
desig n criteria give n and the desig n concept expresse d in the Contrac t Documents . City’s review
and acceptance of Submittals (except desig n calculation s and desig n drawings ) will be only for
the purpos e state d in Paragraph 6.18.C.
6.23 Righ t to Audit
A. The Contractor agrees tha t the Cit y shall, until the expiratio n of thre e (3) years after final
payment unde r this Contract, have access to and the righ t to exa min e and photocopy any directly
pertinent books , documents , papers , and records of the Contractor involving transactions relating
to this Contract. Contractor agrees tha t the Cit y shall have access during Regula r Working Hours
to all necessary Contractor facilitie s and shall be provide d adequate and appropriate wor k space
in orde r to conduc t audits in complianc e wit h the provisions of this Paragraph. The Cit y shall
giv e Contractor reasonable advanc e notic e of intende d audits.
B. Contractor furthe r agrees to includ e in all it s subcontracts hereunde r a provision to the effect that
the subcontractor agrees tha t the Cit y shall, until the expiratio n of thre e (3) years after final
payment unde r this Contract, have access to and the righ t to exa min e and photocopy any directly
pertinent books , documents , papers , and records of suc h Subcontractor, involving transactions to
the subcontract, and further , tha t Cit y shall have access during Regula r Working Hours to all
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 35 of 63
Subcontractor facilities , and shall be provide d adequate and appropriate work spac e in orde r to
conduc t audit s in complianc e wit h the provisions of this Paragraph. The Cit y shall give
Subcontractor reasonable advanc e notic e of intende d audits.
C. Contractor and Subcontractor agre e to photocopy suc h document s as may be requeste d by the City.
The Cit y agrees to reimburs e Contractor for the cos t of the copie s as follow s at the rate publishe d
in the Texa s Administrativ e Code in effec t as of the time copying is performed.
6.24 Nondiscrimination
A. The Cit y is responsible for operating Public Transportation Progra ms and imple mentin g transit -
related projects , whic h are funde d in par t wit h Federal financia l assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administratio n (FTA), without
discriminatin g agains t any person in the Unite d States on the basis of race, color , or national origin.
B. Title VI, Civil Rights Ac t of 1964 as amended: Contractor shall comply wit h the require ments of
the Act and the Regulations as furthe r define d in the Supple mentary Conditions for any project
receiving Federal assistance.
ARTICLE 7 – OTHER WOR K AT THE SITE 7.01 Related Wor k at Site
A. Cit y ma y perfor m othe r wor k related to the Projec t at the Sit e wit h City’s e mployees , or other
Cit y contractors , or through othe r direc t contracts therefor , or have othe r work perfor me d by utilit y
owners . If suc h othe r wor k is not note d in the Contrac t Documents , the n writte n notice thereof
will be give n to Contractor prio r to starting any suc h othe r work; and
B. Contractor shall afford each othe r contractor who is a party to suc h a direc t contract, each utility
owner , and City , if Cit y is perfor min g othe r wor k wit h City’s e mployee s or othe r City contractors ,
prope r and safe access to the Site , provide a reasonable opportunity for the introduction and storage
of materials and equipment and the execution of suc h othe r work, and properly coordinate the
Work wit h theirs . Contractor shall do all cutting, fitting , and patching of the Work tha t may be
require d to properly connec t or otherwis e make it s several parts come togethe r and properly
integrate wit h suc h othe r work. Contractor shall not endange r any wor k of others by cutting ,
excavating, or otherwis e alterin g suc h work; provided, however, that Contractor may cut or alte r
others ' wor k wit h the writte n consent of Cit y and the other s whose wor k will be affected.
C. If the prope r execution or result s of any par t of Contractor’s Wor k depends upon wor k perfor med
by other s unde r this Article 7, Contractor shall inspec t suc h othe r wor k and promptly repor t to
Cit y in writin g any delays , defects, or deficiencies in suc h othe r work tha t rende r it unavailable
or unsuitable for the prope r execution and result s of Contractor’s Work. Contractor’s failur e to so
repor t will constitute an acceptance of suc h othe r wor k as fit and prope r for integratio n with
Contractor’s Wor k except for latent defects in the wor k provide d by others.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 36 of 63
7.02 Coordination
A. If Cit y intends to contrac t wit h other s for the perfor manc e of othe r work on the Projec t at the
Site , the followin g will be set forth in Supple mentary Conditions:
1. the individua l or entit y who will have authorit y and responsibilit y for coordination of the
activitie s among the various contractor s will be identified;
2. the specific matters to be covere d by suc h authority and responsibilit y will be ite mized ; and
3. the extent of suc h authority and responsibilitie s will be provided.
B. Unles s otherwis e provide d in the Supple mentary Conditions , Cit y shall have authority for such
coordination.
ARTICLE 8 – CITY’S RESPONSIBILITIES
8.01 Communications to Contractor
Except as otherwis e provide d in the Supple mentary Conditions , Cit y shall issue all communications
to Contractor.
8.02 Furnish Data
Cit y shall timely furnis h the dat a require d unde r the Contrac t Documents.
8.03 Pa y Whe n Due
Cit y shall make payments to Contractor in accordance wit h Article 14.
8.04 Lands and Easements; Report s an d Tests
City’s dutie s wit h respect to providing land s and easements and providing engineering surveys to
establis h reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City’s
identifyin g and makin g available to Contractor copie s of reports of explorations and tests of subsurface
conditions and drawings of physica l conditions relatin g to existin g surface or subsurface structure s at
or contiguous to the Sit e tha t have bee n utilize d by Cit y in preparing the Contract Documents.
8.05 Change Orders
Cit y shall execute Change Orders in accordance wit h Paragraph 10.03.
8.06 Inspections, Tests, and Approvals
City’s responsibilit y wit h respect to certain inspections , tests, and approvals is set forth in Paragraph
13.03.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 37 of 63
8.07 Limitation s o n City’s Responsibilities
A. The Cit y shall not supervise , direct, or have control or authority over , nor be responsible for,
Contractor’s means, methods , techniques , sequence s, or procedure s of construction, or the safety
precautions and progra ms inciden t thereto, or for any failur e of Contractor to comply wit h Laws
and Regulations applicable to the perfor manc e of the Work. Cit y will not be responsible for
Contractor’s failur e to perfor m the Wor k in accordance wit h the Contrac t Documents.
B. Cit y will notif y the Contractor of applica ble safety plan s pursuant to Paragraph 6.14.
8.08 Undisclosed Hazardous Environmental Condition
City’s responsibilit y wit h respect to an undisclos ed Hazardous Environmenta l Condition is set forth
in Paragraph 4.06.
8.09 Compliance with Safety Program
While a t the Site , City’s e mployee s and representative s shall comply wit h the specific applicable
require ments of Contractor’s safety progra ms of whic h Cit y ha s bee n in for med pursuant to
Paragraph 6.14.
ARTICLE 9 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION
9.01 City’s Projec t Manager
Cit y will provide one or more Projec t Manager(s) during the construction period. The duties and
responsibilitie s and the limitation s of authority of City’s Project Manager during construction are set
forth in the Contrac t Documents . The City’s Project Manager for this Contract is identified in the
Supplementary Conditions .
9.02 Visits to Site
A. City’s Projec t Manager will make visit s to the Sit e at intervals appropriate to the various stages
of construction as Cit y dee ms necessary in orde r to observe the progres s tha t ha s been made and
the qualit y of the various aspects of Contractor’s executed Work. Based on informatio n
obtaine d during suc h visit s and observations , City’s Projec t Manager will deter mine , in general, if
the Wor k is procee din g in accordance wit h the Contrac t Documents. City’s Projec t Manager will
not be require d to make exhaustive or continuous inspections on the Sit e to check the qualit y or
quantit y of the Work. City’s Projec t Manager’s efforts will be directed towar d providing Cit y a
greater degre e of confidenc e tha t the complete d Work will confor m generally to the Contrac t
Documents.
B. City’s Projec t Manager’s visit s and observations are subjec t to all the limitation s on authority and
responsibilit y in the Contrac t Documents includin g thos e set forth in Paragraph
8.07.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 38 of 63
9.03 Authorized Variation s in Work
City’s Projec t Manager may authorize mino r variation s in the Wor k from the require ments of the
Contrac t Documents whic h do not involve an adjustment in the Contrac t Pric e or the Contract Time
and are compatible wit h the desig n concept of the complete d Projec t as a functioning whole as
indicate d by the Contrac t Documents . Thes e may be accomplishe d by a Field Orde r and will be
binding on Cit y and als o on Contractor , who shall perfor m the Wor k involve d promptly.
9.04 Rejectin g Defective Work
Cit y will have authority to reject Wor k whic h Cit y’s Projec t Manager believe s to be de fective, or will
not produc e a complete d Projec t tha t confor ms to the Contrac t Documents or tha t will prejudic e the
integrit y of the desig n concept of the complete d Projec t as a functioning whole as indicated by the
Contrac t Documents . Cit y will have authority to conduc t special inspectio n or testing of the Work as
provide d in Article 13, whethe r or not the Wor k is fabricated, installed , or completed.
9.05 Determination s fo r Wor k Performed
Contractor will determin e the actual quantitie s and classification s of Wor k per for med. City’s Project
Manager will revie w wit h Contractor the preliminar y determination s on suc h matters be fore rendering
a writte n recommendation. City’s writte n decisio n will be fina l (except as modifie d to reflect change d
factual conditions or mor e accurate data).
9.06 Decision s on Requirements o f Contrac t Documents and Acceptability of Work
A. Cit y will be the initia l interpret er of the require ment s of the Contract Documents and judge of the
acceptability of the Wor k thereunder.
B. Cit y will rende r a writte n decisio n on any issue referred.
C. City’s writte n decisio n on the issue referred will be fina l and binding on the Contractor, subject
to the provisions of Paragraph 10.06.
ARTICLE 10 – CHANGES IN THE WORK ; CLAIMS; EXTRA WORK
10.01 Authorize d Changes in th e Work
A. Without invalidatin g the Contrac t and without notic e to any surety, Cit y may, at any time or from
time to time, orde r Extra Work. Upon notic e of suc h Extra Work, Contractor shall promptly
procee d wit h the Work involve d whic h will be performed unde r the applicable conditions of the
Contrac t Documents (except as otherwis e specifically provided). Extra Work shall be
memorialize d by a Change Orde r whic h ma y or ma y not precede an orde r of Extra work.
B. For mino r change s of Work not requirin g change s to Contrac t Time or Contrac t Price , a Field
Orde r may be issued by the City.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 39 of 63
10.02 Unauthorized Change s in th e Work
Contractor shall not be entitle d to an increase in the Contrac t Pric e or an extension of the Contract
Time wit h respect to any wor k perfor med tha t is not require d by the Contrac t Documents as amended,
modified , or supple mente d as provide d in Paragraph 3.04, except in the case of an e mergenc y as
provide d in Paragraph 6.17.
10.03 Executio n o f Change Orders
A. Cit y and Contractor shall execute appropriate Change Order s covering:
1. change s in the Wor k whic h are : (i) ordere d by Cit y pursuant to Paragraph 10.01.A , (ii) require d
because of acceptance of defective Work unde r Paragraph 13.08 or City’s correction of
defective Wor k unde r Paragraph 13.09, or (iii) agreed to by the parties;
2. change s in the Contrac t Pric e or Contrac t Time whic h are agreed to by the parties, including
any undispute d sum or a mount of time for Wor k actually performed.
10.04 Extra Work
A. Should a difference aris e as to wha t doe s or doe s not constitute Extra Work, or as to the payment
thereof , and the Cit y insist s upon it s performance, the Contractor shall procee d wit h the work afte r
makin g written reques t for writte n order s and shall kee p accurate account of the actual reasonable
cos t thereof. Contrac t Claims regardin g Extra Wor k shall be made pursuant to Paragraph 10.06.
B. The Contractor shall furnis h the Cit y suc h installa tio n records of all deviations from the original
Contrac t Documents as may be necessary to enable the Cit y to prepare for per manent record a
corrected set of plan s showing the actual installation.
C. The compensation agreed upon for Extra Work whethe r or not initiate d by a Change Orde r shall
be a full, complet e and fina l payment for all costs Contractor incur s as a result or relatin g to the
change or Extra Work, whethe r said costs are known, unknown, foreseen or unforesee n at that
time, includin g without limitation , any costs for delay , extende d overhead, ripple or impac t cost,
or any othe r effect on change d or unchange d wor k as a result of the change or Extra Work.
10.05 Notificatio n to Surety
If the provisions of any bond requir e notic e to be give n to a surety of any change affecting the genera l
scope of the Wor k or the provisions of the Contrac t Documents (including , but not limited to,
Contrac t Pric e or Contrac t Time), the givin g of any suc h notic e will be Contractor’s responsibility .
The amount of each applicable bond will be adjuste d by the Contractor to reflec t the effect of any
suc h change.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 40 of 63
10.06 Contract Claims Process
A. City’s Decisio n Required : All Contrac t Claims, except thos e waive d pursuant to Paragraph
14.09, shall be referred to the Cit y for decision. A decisio n by Cit y shall be require d as a conditio n
precedent to any exercise by Contractor of any rights or remedie s he may otherwise have unde r
the Contrac t Documents or by Laws and Regulations in respect of suc h Contract Claims.
B. Notice:
1. Writte n notic e stating the genera l natur e of each Contrac t Claim shall be delivere d by the
Contractor to Cit y no late r tha n 15 days afte r the start of the event givin g ris e thereto. The
responsibilit y to substantiate a Contrac t Claim shall rest wit h the part y makin g the Contract
Claim.
2. Notic e of the amount or extent of the Contrac t Claim, wit h supporting data shall be delivered
to the Cit y on or before 45 days from the start of the event givin g ris e thereto (unles s the City
allow s additiona l time for Contractor to submit additiona l or mor e accurate data in suppor t of
suc h Contrac t Claim).
3. A Contrac t Claim for an adjustment in Contrac t Pric e shall be prepare d in accordance with
the provisions of Paragraph 12.01.
4. A Contrac t Claim for an adjustment in Contrac t Time shall be prepare d in accordance with
the provisions of Paragraph 12.02.
5. Eac h Contrac t Claim shall be accompanie d by Contractor’s written state ment tha t the
adjustment claimed is the entir e adjustment to whic h the Contractor believe s it is entitle d as a
result of said event.
6. The Cit y shall submit any respons e to the Contractor within 30 days after receipt of the
claimant’s las t submittal (unles s Contrac t allow s additiona l time).
C. City’s Actio n: Cit y will revie w each Contrac t Claim and, within 30 days afte r receipt of the last
submitta l of the Contractor, if any, take one of the followin g actions in writing:
1. deny the Contrac t Claim in whole or in part;
2. approve the Contrac t Claim; or
3. notify the Contractor tha t the Cit y is unable to resolv e the Contrac t Claim if, in the City’s
sole discretion , it would be inappropriate for the Cit y to do so. For purpose s of further
resolutio n of the Contrac t Claim, suc h notic e shall be dee med a denial.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 41 of 63
D. City’s written action unde r Paragraph 10.06.C will be fina l and binding, unles s Cit y or
Contractor invoke the dispute resolutio n procedur e set forth in Article 16 within 30 days of such
action or denial.
E. No Contrac t Claim for an adjustment in Contrac t Pric e or Contrac t Time will be valid if not
submitte d in accordance wit h this Paragraph 10.06.
ARTICLE 1 1 – COST O F THE WORK ; ALLOWANCES; UNI T PRICE WORK ; PLANS
QUANTITY MEASUREMENT
11.01 Cost of th e Work
A. Costs Included: The term Cos t of the Work means the sum of all costs , except thos e exclude d in
Paragraph 11.01.B , necessarily incurre d and paid by Contractor in the prope r perfor manc e of the
Work. Whe n the valu e of any Wor k covere d by a Change Order , the costs to be reimburse d to
Contractor will be only thos e additiona l or incre menta l cost s require d because of the change in th e
Work. Suc h costs shall not includ e any of the costs ite mize d in Paragraph 11.01.B, and shall
includ e but not be limite d to the followin g ite ms:
1. Payroll cost s for e mployee s in the direc t e mploy of Contractor in the perfor manc e of the
Work unde r schedule s of jo b classification s agreed upon by Cit y and Contractor . Such
employee s shall include , without limitation , superintendents , foremen, and othe r personnel
employe d full time on the Work. Payroll costs for employee s not employe d full time on the
Work shall be apportione d on the basis of their time spent on the Work. Payroll costs shall
include;
a. salarie s wit h a 55% markup, or
b. salarie s and wage s plu s the cos t of fringe benefits , whic h shall includ e socia l security
contributions , une mployment, excise, and payroll taxes, workers ’ compensation, health
and retirement benefits , bonuses , sic k leave, vacation and holida y pa y applicable thereto.
The expense s of perfor min g Wor k outside of Regula r Working Hours , Weekend
Working Hours , or lega l holidays , shall be include d in the above to the extent authorized
by City.
2. Cos t of all materials and equipment furnishe d and incorporate d in the Work, includin g costs
of transportation and storage thereof , and Suppliers ’ field services require d in connection
therewith.
3. Rentals of all construction equipment and machinery, and the part s thereof whethe r rented
from Contractor or other s in accordance wit h renta l agreements approve d by City , and the
costs of transportation, loading, unloading, assembly , dis mantling , and remova l thereof . All
suc h costs shall be in accordance wit h the terms of said renta l agreements . The renta l of any
suc h equipment, machinery, or parts shall cease whe n the us e thereof is no longe r necessary
for the Work.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 42 of 63
4. Payments made by Contractor to Subcontractors for Wor k perfor med by Subcontractors . If
require d by City , Contractor shall obtain competitiv e bid s from subcontractors acceptable to
Cit y and Contractor and shall delive r suc h bid s to City , who will the n determine , whic h bids,
if any, will be acceptable. If any subcontrac t provide s tha t the Subcontractor is to be paid on
the basis of Cos t of the Work plu s a fee, the Subcontractor’s Cos t of the Wor k and fee shall
be determine d in the same manne r as Contractor’s Cos t of the Wor k and fee a s provide d in
this Paragraph 11.01.
5. Costs of special consultants (includin g but not limite d to engineers , architects, testing
laboratories , surveyors , attorneys , and accounta nts) employe d for services specifically related
to the Work.
6. Supple menta l costs includin g the following:
a. The proportion of necessary transportation, travel, and subsistenc e expense s of
Contractor’s employee s incurre d in discharge of dutie s connecte d wit h the Work.
b. Cost, includin g transportation and maintenance, of all materials, supplies , equipment,
machinery, appliances, office , and te mporar y facilitie s a t the Site , and hand tools not
owne d by the workers , whic h are consume d in the perfor manc e of the Work, and cost, less
marke t value , of suc h ite ms use d but not consumed whic h remain the property of
Contractor.
c. Sales, consumer, use , and othe r simila r taxe s related to the Work, and for which
Contractor is liable not covere d unde r Paragraph 6.11, as impose d by Laws and
Regulations.
d. Deposits los t for causes othe r tha n negligenc e of Contractor, any Subcontractor , or
anyone directly or indirectly employe d by any of the m or for whos e acts any of the m ma y
be liable , and royalty payments and fees for per mit s and licenses.
e. Losses and da mage s (and related expenses ) caused by da mage to the Work, not
compensate d by insuranc e or otherwise , sus taine d by Contractor in connection wit h the
perfor manc e of the Work, provide d suc h losses and da mage s have resulte d from causes
othe r tha n the negligenc e of Contractor , any Subcontractor , or anyone directly or indirectly
employe d by any of the m or for whos e acts any of the m ma y be liable . Such losse s shall
includ e settlements made wit h the writte n consent and approva l of City . No suc h losses,
da mages, and expense s shall be include d in the Cos t of the Wor k for the purpos e of
determinin g Contractor’s fee.
f. The cos t of utilities , fuel, and sanitary facilitie s at the Site.
g. Mino r expense s suc h as telegrams, lon g distanc e telephone calls , telephone and
communicatio n services at the Site , expres s and courie r services, and simila r petty cash
ite ms in connection wit h the Work.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 43 of 63
h. The costs of pre miu ms for all bonds and insuranc e Contractor is require d by the Contract
Documents to purchas e and maintain.
B. Costs Excluded : The term Cos t of the Wor k shall not includ e any of the followin g ite ms:
1. Payroll costs and othe r compensation of Contractor’s officers, executives, principals (of
partnerships and sole proprietorships), genera l managers, safety managers, engineers,
architects, estimators , attorneys , auditors , accountants , purchasing and contracting agents,
expediters , timekeepers, clerks, and othe r personne l employe d by Contractor , whethe r a t the
Sit e or in Contractor’s principa l or branc h offic e for genera l administratio n of the Work and
not specifically include d in the agreed upon schedule of jo b classification s referre d to in
Paragraph 11.01.A.1 or specifically covere d by Paragraph 11.01.A.4, all of whic h are to be
considere d administrativ e costs covere d by the Contractor’s fee.
2. Expense s of Contractor’s principa l and branc h offices othe r tha n Contractor’s office a t the
Site.
3. Any par t of Contractor’s capital expenses , includin g interest on Contractor’s capital
employe d for the Work and charge s agains t Contractor for delinquent payments.
4. Costs due to the negligenc e of Contractor , any Subcontractor, or anyone directly or indirectly
employe d by any of the m or for whos e acts any of the m ma y be liable , includin g but not
limite d to, the correction of defective Work, disposa l of materials or equipment wrongly
supplied, and makin g good any da mage to property.
5. Othe r overhea d or genera l expens e costs of any kind.
C. Contractor’s Fee : Whe n all the Wor k is perfor med on the basis of cost-plus , Contractor’s fee
shall be determine d as set forth in the Agree ment. Whe n the valu e of any Wor k covere d by a
Change Orde r for an adjustment in Contrac t P ric e is determine d on the basis of Cos t of the
Work, Contractor’s fee shall be determine d as set forth in Paragraph 12.01.C.
D. Documentation: Wheneve r the Cos t of the Wor k for any purpos e is to be determine d pursuant to
Paragraphs 11.01.A and 11.01.B , Contractor will establis h and maintain records thereof in
accordance wit h generally accepted accounting practices and submit in a for m acceptable to City
an ite mize d cos t breakdow n togethe r wit h supporting data.
11.02 Allowances
A. Specifie d Allowance: It is understood tha t Contractor ha s include d in the Contrac t Pric e all
allowances so na med in the Contrac t Documents and shall cause the Wor k so covere d to be
perfor med for suc h sums and by suc h persons or entitie s as may be acceptable to City.
B. Pre -bid Allowances:
1. Contractor agrees that:
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 44 of 63
a. the pre -bid allowances includ e the cos t to Contractor of materials and equipment required
by the allowances to be delivere d at the Site , and all applicable taxes; and
b. Contractor’s costs for unloading and handling on the Site , labor, installation , overhead,
profit, and othe r expense s conte mplate d for the pre -bid allowances have bee n include d in
the allowances, and no de mand for additiona l payment on account of any of the
foregoing will be valid.
C. Contingency Allowance : Contractor agrees tha t a contingenc y allowance, if any, is for the sole us e
of City.
D. Prio r to fina l payment, an appropriate Change Orde r will be issued to reflect actual amounts due
Contractor on account of Work covere d by allowances, and the Contrac t Pric e shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Wher e the Contrac t Documents provide tha t all or par t of the Wor k is to be Unit Pric e Work,
initiall y the Contrac t Pric e will be dee med to includ e for all Unit Pric e Work a n a mount equa l to
the sum of the unit pric e for each separately identifie d ite m of Unit Pric e Wor k times the estimate d
quantity of each ite m as indicate d in the Agree ment.
B. The estimated quantitie s of ite ms of Unit Pric e Work are not guarantee d and are solely for the
purpos e of compariso n of Bid s and determinin g an initia l Contrac t Price . Determination s of the
actual quantitie s and classification s of Unit Pric e Wor k perfor med by Contractor will be made by
Cit y subjec t to the provisions of Paragraph 9.05.
C. Each unit pric e will be dee med to includ e an amount considere d by Contractor to be adequate to
cove r Contractor’s overhea d and profit for each separately identifie d ite m. Work describe d in the
Contrac t Documents , or reasonably inferred as require d for a functionally complet e installation,
but not identifie d in the listin g of unit pric e ite ms shall be considere d incidenta l to unit price work
liste d and the cos t of incidenta l wor k include d as part of the unit price.
D. Cit y may make an adjustment in the Contrac t Pric e in accordance wit h Paragraph 12.01 if:
1. the quantity of any ite m of Unit Pric e Wor k perfor med by Contractor differs materially and
significantly from the estimate d quantity of suc h ite m indicate d in the Agree ment; and
2. there is no corresponding adjustment wit h respect to any othe r ite m of Work.
E. Increased o r Decreased Quantities: The Cit y reserves the righ t to orde r Extra Wor k in
accordance wit h Paragraph 10.01.
1. If the change s in quantitie s or the alterations do not significantly change the character of
wor k unde r the Contrac t Documents , the altered wor k will be paid for at the Contrac t unit
price.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 45 of 63
2. If the change s in quantitie s or alterations significantly change the character of work, the
Contrac t will be a mende d by a Change Order.
3. If no unit price s exist , this will be considere d Extra Work and the Contrac t will be a mended
by a Change Orde r in accordance wit h Article 12.
4. A significan t change in the character of wor k occurs when:
a. the character of wor k for any Item as altered differs materially in kin d or natur e from that
in the Contrac t or
b. a Majo r Ite m of work varie s by mor e tha n 25% from the origina l Contrac t quantity.
5. Whe n the quantity of wor k to be done unde r any Majo r Ite m of the Contrac t is mor e than
125% of the origina l quantity sta te d in the Contract , the n eithe r party to the Contrac t may
reques t an adjustment to the unit pric e on the portion of the wor k tha t is above 125%.
6. Whe n the quantity of work to be done unde r any Majo r Ite m of the Contrac t is les s tha n 75%
of the origina l quantity state d in the Contract, the n eithe r party to the Contrac t may request
an adjustment to the unit price.
11.04 Plan s Quantity Measurement
A. Plan s quantitie s may or may not represent the exact quantity of work perfor med or material moved ,
handled, or placed during the execution of the Contract. The estimate d bid quantitie s are
designate d as fina l payment quantities , unles s revise d by the governing Section or this Article.
B. If the quantity measured as outline d unde r “Pric e and Payment Procedures ” varie s by mor e than
25% (or as stipulate d unde r “Pric e and Payment P rocedures ” for specific Items) from the total
estimated quantity for an individua l Item originally show n in the Contrac t Documents , an
adjustment may be made to the quantity of authorize d work done for payment purposes . The party
to the Contrac t requesting the adjustment will provide field measurements and calculations
showing the fina l quantity for whic h payment will be made . Payment for revise d quantity will be
made at the unit pric e bid for tha t Ite m, except as provide d for in Article 10.
C. Whe n quantitie s are revise d by a change in desig n approve d by the City , by Change Order, or to
correct an error, or to correct an error on the plans , the plan s quantity will be increased or decreased
by the amount involve d in the change , and the 25% varianc e will apply to the new plans quantity.
D. If the total Contrac t quantity multiplie d by the unit pric e bid for an individua l Ite m is les s than
$250 and the Item is not originally a plan s quantity Ite m, the n the Ite m may be paid a s a plans
quantity Ite m if the Cit y and Contractor agre e in writin g to fix the fina l quantity as a plans quantity.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 46 of 63
E. For callou t wor k or non-sit e specific Contracts , the plan s quantity measurement require ments are
not applicable.
ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE O F CONTRACT TIME
12.01 Change o f Contrac t Price
A. The Contrac t Pric e may only be change d by a Change Order.
B. The valu e of any Work covere d by a Change Orde r will be determine d as follows:
1. wher e the Wor k involve d is covere d by unit price s containe d in the Contrac t Documents , by
applicatio n of suc h unit price s to the quantitie s of the ite ms involve d (subjec t to the provision s
of Paragraph 11.03); or
2. where the Wor k involve d is not covere d by unit price s containe d in the Contrac t Documents,
by a mutually agreed lu mp sum or unit pric e (whic h may includ e a n allowanc e for overhead
and profit not necessarily in accordance wit h Paragraph 12.01.C.2), and shall includ e the cost
of any secondar y impacts tha t are foreseeable at the time of pricin g the cos t of Extra Work;
or
3. wher e the Work involve d is not covere d by unit price s containe d in the Contrac t Documents
and agreement to a lu mp sum or unit pr ice is not reached unde r Paragraph 12.01.B.2, on the
basis of the Cos t of the Wor k (determine d as provide d in Paragraph 11.01) plu s a Contractor’s
fee for overhea d and profit (determine d as provide d in Paragraph 12.01.C).
C. Contractor’s Fee: The Contractor’s additiona l fee for overhea d and profit shall be determine d as
follows:
1. a mutually acceptable fixe d fee ; or
2. if a fixe d fee is not agreed upon, the n a fee based on the followin g percentages of the various
portions of the Cos t of the Work:
a. for costs incurre d unde r Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the
Contractor’s additiona l fee shall be 15 percent except for:
1) renta l fees for Contractor’s ow n equipment usin g standard renta l rates;
2) bonds and insurance;
b. for costs incurre d unde r Paragraph 11.01.A.4 a nd 11.01.A.5, the Contractor’s fe e shall be
fiv e percent (5%);
1) where one or mor e tier s of subcontracts are on the basis of Cos t of the Wor k plu s a
fee and no fixe d fe e is agreed upon, the inten t of Paragraphs 12.01.C.2.a and
12.01.C.2.b is tha t the Subcontractor who actually perfor ms the Work, a t whatever
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 47 of 63
tier , will be paid a fe e of 15 percent of the costs incurre d by suc h Subcontractor under
Paragraphs 11.01.A.1 and 11.01.A.2 and tha t any highe r tie r Subcontractor and
Contractor will each be paid a fee of fiv e percent (5%) of the amount paid to the next
lowe r tie r Subcontractor, howeve r in no case shall the cumulativ e tota l of fees paid be
in excess of 25%;
c. no fee shall be payable on the basis of costs ite mize d unde r Paragraphs 11.01.A.6, and
11.01.B;
d. the a mount of credit to be allowe d by Contractor to Cit y for any change whic h result s in
a ne t decrease in cos t will be the amount of the actual ne t decrease in cos t plu s a deduction
in Contractor’s fee by an amount equa l to fiv e percent (5%) of suc h net decrease.
12.02 Change o f Contrac t Time
A. The Contrac t Time ma y only be change d by a Change Order.
B. No extension of the Contrac t Time will be allowed for Extra Wor k or for claimed dela y unless the
Extra Work conte mplate d or claimed dela y is show n to be on the critica l path of the Project
Schedule or Contractor can show by Critica l Path Method analysis how the Extra Wor k or claime d
dela y adversely affects the critica l path.
12.03 Delays
A. Wher e Contractor is reasonably delaye d in the perfor manc e or complet ion of any part of the
Work within the Contrac t Time due to dela y beyond the control of Contrac tor , the Contrac t Time
may be extende d in an amount equa l to the time lost due to suc h dela y if a Contrac t Claim is made
therefor . Delays beyond the control of Contractor shall include , but not be limite d to, acts or
neglec t by City , acts or neglec t of utilit y owners or othe r contractors perfor min g othe r wor k as
conte mplate d by Article 7, fires, floods , epide mics, abnor mal weather conditions , or acts of God.
Suc h an adjustment shall be Contractor’s sole and exclusiv e remedy for the delays describe d in
this Paragraph.
B. If Contractor is delayed, Cit y shall not be liable to Contractor for any claims, costs , losses, or
da mage s (includin g but not limite d to all fees and charge s of engineers , architects, attorneys , and
othe r professionals and all cour t or arbitratio n or othe r dispute resolutio n costs ) sustaine d by
Contractor on or in connection wit h any othe r projec t or anticipated project.
C. Contractor shall not be entitle d to an adjustment in Contrac t Pric e or Contrac t Time for delays
within the control of Contractor . Delays attributable to and within the control of a Subcontractor
or Supplie r shall be dee me d to be delays within the control of Contractor.
D. The Contractor shall receive no compensation for delays or hindrance s to the Work, except when
direc t and unavoidable extr a cos t to the Contractor is caused by the failur e of the Cit y to provide
infor matio n or material, if any, whic h is to be furnishe d by the City.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 48 of 63
ARTICLE 1 3 – TESTS AND INSPECTIONS; CORRECTION, REMOVA L OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
Notic e of all defective Wor k of whic h Cit y ha s actual knowledge will be give n to Contractor.
Defective Wor k may be rejected, corrected, or accepted as provide d in this Article 13.
13.02 Access to Work
City , independent testing laboratories , and governmenta l agencies wit h jurisdictiona l interests will
have access to the Sit e and the Work at reasonable times for their observation, inspection, and testing.
Contractor shall provide the m prope r and safe conditions for suc h access and advis e the m of
Contractor’s safety procedure s and progra ms so tha t the y may comply therewith a s applicable.
13.03 Tests and Inspections
A. Contractor shall giv e Cit y timely notic e of readines s of the Work for all require d inspections,
tests, or approvals and shall cooperate wit h inspection and testing personne l to facilitat e required
inspections or tests.
B. If Contrac t Documents , Law s or Regulations of any public body having jurisdictio n requir e any
of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full
responsibilit y for arranging and obtaining suc h independent inspections , tests, retests or approvals ,
pa y all costs in connection therewith, and furnis h Cit y the require d certificates of inspection or
approval; excepting, however , thos e fees specifically identifie d in the Supple mentary Condition s
or any Texa s Department of Licensur e and Regulatio n (TDLR) inspections , whic h shall be paid as
describe d in the Supple mentary Conditions.
C. Contractor shall be responsible for arranging a nd obtaining and shall pa y all costs in connection
wit h any inspections , tests , re-tests, or approvals require d for City’s acceptance of materials or
equipment to be incorporate d in the Work; or acceptance of materials, mix designs , or equipment
submitte d for approva l prio r to Contractor’s purchase thereof for incorporation in the Work.
Suc h inspections , tests, re -tests, or approvals shall be perfor me d by organizations acceptable to
City.
D. Cit y may arrange for the services of a n ind ependent testing laborator y (“Testing Lab”) to
perfor m any inspections or tests (“Testing”) for any part of the Work, as determine d solely by
City.
1. Cit y will coordinate suc h Testing to the extent possible , wit h Contractor;
2. Should any Testing unde r this Section 13.03 D result in a “fail”, “did not pass ” or other
simila r negative result , the Contractor shall be responsible for paying for any and all retests.
Contractor’s cancellation without cause of Cit y initiate d Testing shall be dee med a negative
result and requir e a retest.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 49 of 63
3. Any amounts owe d for any retest unde r this Section 13.03 D shall be paid directly to the
Testing La b by Contractor . Cit y will forward all invoice s for retests to Contractor.
4. If Contractor fails to pa y the Testing Lab, Cit y will not issue Fina l Payment until the Testing
La b is paid.
E. If any Work (or the work of others ) tha t is to be inspected, tested, or approve d is covere d by
Contractor without writte n concurrenc e of City , Contractor shall, if requeste d by City , uncover
suc h Work for observation.
F. Uncovering Wor k as provide d in Paragraph 13.03.E shall be a t Contractor’s expense.
G. Contractor shall have the righ t to make a Contract Claim regarding any retest or invoic e issued
unde r Section 13.03 D.
13.04 Uncovering Work
A. If any Wor k is covere d contrar y to the Contrac t Documents or specific instructions by the City , it
must, if requeste d by City , be uncovere d for City’s observation and replaced at Contractor’s
expense.
B. If Cit y consider s it necessary or advisable tha t covere d Work be observe d by Cit y or inspecte d or
teste d by others , Contractor , at City’s request, shall uncover, expose , or otherwis e make available
for observation, inspection, or testing as Cit y may require , tha t portion of the Wor k in question,
furnishing all necessary labor , material, and equipment.
1. If it is found tha t the uncovere d Wor k is defective, Contractor shall pa y all claims, costs,
losses, and da mage s (includin g but not limite d to a ll fee s and charge s of engineers , architects,
attorneys , and othe r professionals and all cour t or othe r dispute resolutio n costs ) arisin g out of
or relatin g to suc h uncovering, exposure , observation, inspection, and testing, and of
satisfactory replacement or reconstruction (includin g but not limite d to all costs of repair or
replacement of wor k of others); or Cit y shall be entitle d to accept defective Work in accordance
wit h Paragraph 13.08 in whic h case Contractor shall still be responsible for all cost s associated
wit h exposing, observing, and testing the defective Work.
2. If the uncovere d Work is not found to be defective, Contractor shall be allowe d an increase
in the Contrac t Pric e or an extension of the Contrac t Time, or both, directly attributable to suc h
uncovering, exposure , observation, inspection, testing, replacement, and reconstruction.
13.05 City May Sto p th e Work
If the Work is defective, or Contractor fails to supply sufficien t skille d worker s or suitable materials
or equipment, or fails to per for m the Work in suc h a way tha t the complete d Wor k will confor m to
the Contrac t Documents , Cit y ma y orde r Contrac tor to stop the Work, or any portion thereof, until th e
cause for suc h orde r ha s bee n eliminated; howeve r, this righ t of Cit y to stop the Wor k shall not giv e
ris e to any duty on the par t of Cit y to exercise this righ t for the benefit of Contractor , any
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 50 of 63
Subcontractor , any Supplier , any othe r individua l or entity, or any surety for , or employe e or agent of
any of the m.
13.06 Correctio n o r Removal o f Defectiv e Work
A. Promptly afte r receipt of writte n notice , Contrac tor shall correct all defective Work pursuant to
an acceptable schedule , whethe r or not fabricated, installed , or completed, or , if the Work has bee n
rejected by City , remove it from the Projec t and replace it wit h Wor k tha t is not de fective.
Contractor shall pa y all claims, costs , additional testing, losses, and da mage s (includin g but not
limite d to all fees and charge s of engineers , architects, attorneys , and othe r professionals and all
cour t or arbitratio n or othe r dispute resolutio n cos ts) arisin g out of or relatin g to suc h correction
or remova l (includin g but not limite d to all costs of repair or replacement of wor k of others).
Failur e to requir e the re mova l of any de fective Wor k shall not constitut e acceptance of such Work.
B. Whe n correcting defective Wor k unde r the te rms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action tha t would void or otherwis e impair City’s special warranty and
guarantee , if any, on said Work.
13.07 Correctio n Period
A. If within two (2) years after the date of Fina l Acceptance (or such longe r perio d of time as may be
prescribe d by the terms of any applicable special guarante e require d by the Contract Documents),
any Wor k is found to be defective, or if the repair of any da mage s to the lan d or areas made
available for Contractor’s us e by Cit y or per mitte d by Laws and Regulations as conte mplate d in
Paragraph 6.10.A is found to be defective, Contractor shall promptly , without cos t to Cit y and in
accordance wit h City’s written instructions:
1. repair suc h defective lan d or areas; or
2. correct suc h defective Work; or
3. if the defective Wor k ha s bee n rejected by City , remove it from the Projec t and replace it
wit h Wor k tha t is not defective, and
4. satisfactorily correct or repair or remove and replace any da mage to othe r Work, to the work
of other s or othe r lan d or areas resultin g therefrom.
B. If Contractor doe s not promptly comply wit h the terms of City’s writte n instructions , or in an
emergenc y wher e dela y would cause seriou s ris k of los s or da mage , Cit y may have the defective
Wor k corrected or repaired or may have the rejected Wor k remove d and replaced. All claims,
costs , losses, and da mage s (includin g but not limite d to all fees and charge s of engineers,
architects, attorneys , and othe r professionals and all cour t or othe r dispute resolutio n costs) arisin g
out of or relatin g to suc h correction or repair or suc h remova l and replacement (including but not
limite d to all costs of repair or replacement of work of others ) will be paid by Contractor.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 51 of 63
C. In special circumstances where a particula r ite m of equipment is placed in continuous service
befor e Fina l Acceptance of all the Work, the correction perio d for tha t ite m may start to run from
an earlie r date if so provide d in the Contrac t Documents.
D. Wher e defective Wor k (and da mage to othe r Work resultin g therefrom) ha s bee n corrected or
remove d and replaced unde r this Paragraph 13.07, the correction perio d hereunde r wit h respect
to suc h Work may be require d to be extende d for an additiona l perio d of one yea r afte r the end of
the initia l correction period. Cit y shall provide 30 days written notic e to Contractor should such
additiona l warranty coverage be required. Contractor may dispute this require ment by filin g a
Contrac t Claim, pursuant to Paragraph 10.06.
E. Contractor’s obligations unde r this Paragraph 13.07 are in additio n to any othe r obligatio n or
warranty. The provisions of this Paragraph 13.07 shall not be construe d as a substitute for , or a
waive r of, the provisions of any applicable statute of limitatio n or repose.
13.08 Acceptance o f Defectiv e Work
If, instea d of requirin g correction or remova l and replacement of defective Work, Cit y prefers to
accept it , Cit y may do so. Contractor shall pa y all claims, costs , losses, and da mage s (includin g but
not limite d to all fees and charge s of engineers , architects, attorneys , and othe r professionals and all
court or othe r dispute resolutio n costs ) attributa ble to City’s evaluation of and determinatio n to accept
suc h defective Wor k and for the diminishe d valu e of the Wor k to the extent not otherwise paid by
Contractor . If any suc h acceptance occur s prio r to Fina l Acceptance, a Change Orde r will be issue d
incorporating the necessary revision s in the Contrac t Documents wit h respect to the Work, and Cit y
shall be entitle d to an appropriate decrease in the Contrac t Price , reflectin g the diminished value of
Wor k so accepted.
13.09 City May Correct Defective Work
A. If Contractor fails within a reasonable time a fter writte n notic e from Cit y to correc t de fective
Work, or to remove and replace rejected Wor k as require d by Cit y in accordance wit h Paragraph
13.06.A , or if Contractor fails to perfor m the Work in accordance wit h the Contrac t Documents,
or if Contractor fails to comply wit h any othe r provision of the Contrac t Documents , Cit y may,
afte r seve n (7) days written notic e to Contractor , correct, or remedy any suc h de ficiency.
B. In exercising the rights and remedie s unde r this Paragraph 13.09, Cit y shall proceed
expeditiously. In connection wit h suc h corrective or remedia l action, Cit y may exclude Contractor
from all or par t of the Site , take possession of all or part of the Wor k and suspend Contractor’s
services related thereto, and incorporate in the Work all materials and equipment incorporate d in
the Work, store d at the Sit e or for whic h Cit y ha s paid Contractor but whic h are stored elsewhere.
Contractor shall allo w City , City’s representatives, agents , consultants, e mployees , and City’s
othe r contractors , access to the Sit e to enable Cit y to exercise the rights and remedie s unde r this
Paragraph.
C. All claims, costs , losses, and da mage s (includin g but not limite d to all fees and charge s of
engineers , architects, attorneys , and othe r professionals and all cour t or othe r dispute resolution
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 52 of 63
costs ) incurre d or sustaine d by Cit y in exercising the rights and remedie s unde r this Paragraph
13.09 will be charge d agains t Contractor, and a Change Orde r will be issued incorporating the
necessary revision s in the Contrac t Documents wit h respect to the Work; and Cit y shall be entitle d
to a n appropriate decrease in the Contrac t Price.
D. Contractor shall not be allowe d an extension of the Contrac t Time because of any dela y in the
perfor manc e of the Wor k attributable to the exercise of City’s rights and re medie s unde r this
Paragraph 13.09.
ARTICLE 1 4 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule o f Values
The Schedule of Value s for lu mp sum contracts establishe d as provide d in Paragraph 2.07 will serve
as the basis for progres s payments and will be inc orporate d int o a for m of Applicatio n for Payment
acceptable to City . Progres s payments on account of Unit Pric e Wor k will be base d on the numbe r of
units completed.
14.02 Progress Payments
A. Applications fo r Payments:
1. Contractor is responsible for providing all infor matio n a s require d to become a vendor of the
City.
2. At least 20 days befor e the date establishe d in the General Require ments for each progress
payment, Contractor shall submit to Cit y for revie w an Applicatio n for Payment fille d out and
signe d by Contractor covering the Work complete d as of the date of the Applicatio n and
accompanie d by suc h supporting documentation as is require d by the Contrac t Documents.
3. If payment is requeste d on the basis of materials and equipment not incorporate d in the Work
but delivere d and suitably store d a t the Sit e or a t anothe r locatio n agreed to in writing , the
Applicatio n for Payment shall als o be accompanie d by a bill of sale , invoice , or other
documentation warranting tha t Cit y ha s received the materials and equipment fre e and clear of
all Lien s and evidenc e tha t the materials and equipment are covere d by appropriate insuranc e
or othe r arrange ment s to protec t Cit y’s interest therein, all of whic h mus t be satisfactory to
City.
4. Beginning wit h the second Applicatio n for P ayment, each Applicatio n shall includ e an affidavit
of Contractor stating tha t previous progres s payments received on account of the Wor k have
bee n applie d on account to dis c harge Contractor’s legitimate obligations associate d wit h prio r
Application s for Payment.
5. The amount of retainage wit h respect to progress payments will be as described in
subsection C. unless otherwise stipulated in the Contrac t Documents.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 53 of 63
B. Revie w o f Applications:
1. Cit y will, afte r receipt of each Applicatio n for Payment , eithe r indicat e in writin g a
recommendation of payment or retur n the Application to Contractor indicatin g reasons for
refusing payment. In the latte r case, Contractor may make the necessary corrections and
resubmit the Application.
2. City’s processing of any payment requeste d in an Applicatio n for Payment will be base d on
City’s observations of the executed Work, and on City’s revie w of the Applicatio n for Payment
and the accompanying data and schedules , tha t to the bes t of City’s knowledge:
a. the Work ha s progresse d to the point indicated;
b. the qualit y of the Wor k is generally in accordanc e wit h the Contrac t Document s (subject
to an evaluation of the Wor k as a functioning whole prio r to or upon Fina l Acceptance, the
result s of any subsequent tests calle d for in the Contrac t Documents , a final determinatio n
of quantitie s and classifications for Wor k perfor med unde r Paragraph 9.05, and any othe r
qualification s state d in the recommendation).
3. Processing any suc h payment will not thereby be dee med to have represented that:
a. inspections made to check the qualit y or the quantity of the Work as it ha s been perfor med
have bee n exhaustive , extende d to every aspect of the Work in progress , or involve d
detaile d inspections of the Wor k beyond the responsibilitie s specifically assigne d to Cit y
in the Contrac t Documents ; or
b. there may not be othe r matters or issues between the partie s tha t migh t entitle Contractor
to be paid additionally by Cit y or entitle Cit y to withhold payment to Contractor; or
c. Contractor ha s complie d wit h Laws and Regulations applicable to Contractor’s performanc e
of the Work.
4. Cit y may refuse to proces s the whole or any par t of any payment because of subsequently
discovere d evidenc e or the result s of subsequent inspections or tests, and revis e or revoke
any suc h payment previously made , to suc h extent as may be necessary to protec t Cit y from
los s because:
a. the Wor k is de fective or complete d Wor k ha s bee n da mage d by the Contractor or
subcontractors requirin g correction or replacement;
b. discrepancies in quantitie s containe d in previous application s for payment;
c. the Contrac t Pric e ha s bee n reduce d by Change Orders;
d. Cit y ha s bee n require d to cor rect de fective Wor k or complet e Wor k in accordance with
Paragraph 13.09; or
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 54 of 63
e. Cit y ha s actual knowledge of the occurrenc e of any of the events enumerated in Paragraph 15.02.A.
C. Retainage:
1. For contracts les s tha n $400,000 at the time of execution, retainage shall be te n percent
(10%).
2. For contracts greater tha n $400,000 at the time of execution, retainage shall be fiv e percent
(5%).
D. Liquidated Damages. For each calendar da y tha t any wor k shall remain uncomplete d after the
time specifie d in the Contrac t Documents , the sum pe r da y specifie d in the Agree ment will be
assessed against the monie s due the Contractor , not a s a penalty, but as da mages suffered by the
City.
E. Payment: Contractor will be paid pursuant to the require ments of this Article 14 and payment
will become due in accordance wit h the Contrac t Documents.
F. Reductio n in Payment:
1. Cit y may refuse to make payment of the amount requeste d because:
a. Lien s have bee n file d in connection wit h the Work, except wher e Contractor has delivere d
a specific bond satisfactory to Cit y to secure the satisfaction and discharge of suc h Liens;
b. ther e are othe r ite ms entitlin g Cit y to a set-off agains t the a mount recommended; or
c. Cit y ha s actual knowledge of the occurrenc e of any of the events enumerated in
Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A.
2. If Cit y refuses to make payment of the amount requested, Cit y will giv e Contractor written
notic e stating the reasons for suc h action and pa y Contractor any amount remainin g after
deduction of the amount so withheld . Cit y shall pa y Contractor the amount so withheld , or any
adjustment thereto agreed to by Cit y and Contractor, whe n Contractor remedie s the reasons
for suc h action.
14.03 Contractor’s Warranty of Title
Contractor warrants and guarantee s tha t title to all Work, materials, and equipment covere d by any
Applicatio n for Payment, whethe r incorporate d in the Projec t or not, will pas s to Cit y no late r than the
time of payment free and clear of all Liens.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 55 of 63
14.04 Partia l Utilization
A. Prio r to Fina l Acceptance of all the Work, Cit y ma y us e or occupy any part of the Wor k whic h
ha s specifically bee n identifie d in the Contrac t Documents , or which City determine s constitute s
a separately functioning and usable part of the Work tha t can be use d for it s intende d purpos e
without significan t interferenc e wit h Contractor’s performanc e of the re mainde r of the Work. Cit y
a t any time ma y notify Contractor in writin g to permit Cit y to us e or occupy any suc h par t of the
Wor k whic h Cit y determine s to be ready for its intende d use , subjec t to the followin g conditions:
1. Contractor at any time ma y notify Cit y in writin g tha t Contractor consider s any suc h par t of
the Work ready for it s intende d use.
2. Within a reasonable time after notificatio n as enumerated in Paragraph 14.05.A.1, Cit y and
Contractor shall make an inspectio n of tha t part of the Wor k to determin e it s status of
completion . If Cit y doe s not conside r tha t par t of the Work to be substantially complete , City
will notify Contractor in writin g givin g the reasons there for.
3. Partia l Utilizatio n will not constitute Fina l Acceptance by City.
14.05 Fina l Inspection
A. Upon writte n notic e from Contractor tha t the entir e Wor k is Substantially Complet e in
accordance wit h the Contract Documents:
1. Within 10 days , Cit y will schedule a Fina l Inspection wit h Contractor.
2. Cit y will notify Contractor in writin g of all particulars in whic h this inspectio n reveals that
the Wor k is inco mplet e or de fective (“Punch List Items”). Contractor shall immediately take
suc h measures a s are necessary to complet e suc h Wor k or remedy suc h deficiencies.
B. No time charge will be made agains t the Contractor between said dat e of notificatio n to the City
of Substantial Completion and the date of Fina l Inspection.
1. Should the Cit y determin e tha t the Work is not ready for Final Inspection, Cit y will notify the
Contractor in writin g of the reasons and Contrac t Time will resu me.
2. Should the City concur that Substantial Completion has been achieved with the exception of
any Punch List Items, Contract Time will resume for the duration it takes for Contractor to
achieve Final Acceptance.
14.06 Fina l Acceptance
Upon completio n by Contractor to City’s satisfaction, of any additiona l Work identifie d in the Final
Inspection, Cit y will issue to Contractor a lette r of Fina l Acceptance.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 56 of 63
14.07 Fina l Payment
A. Applicatio n for Payment:
1. Upon Fina l Acceptance, and in the opinion of City , Contractor ma y make an applicatio n for
fina l payment followin g the procedur e for progres s payments in accordance wit h the
Contrac t Documents.
2. The fina l Applicatio n for Payment shall be accompanie d (except as previously delivered) by:
a. all documentation calle d for in the Contrac t Documents , includin g but not limite d to the
evidenc e of insuranc e require d by Paragraph 5.03;
b. consent of the surety, if any, to fina l payment;
c . a lis t of all pending or released Damage Claims agains t Cit y tha t Contractor believe s are
unsettled; and
d. affidavit s of payments and complet e and legally e ffective releases or waivers
(satisfactory to City ) of all Lie n rights aris ing out of or Lien s file d in connection wit h the
Work.
B. Payment Becomes Due:
1. Afte r City’s acceptance of the Applicatio n for Payment and accompanying documentation,
requeste d by Contractor, les s previous payments made and any sum Cit y is entitled,
includin g but not limite d to liquidate d da mages, will become due and payable.
2. Afte r all Damage Claims have bee n resolved:
a. directly by the Contractor or;
b. Contractor provide s evidenc e tha t the Damage Claim ha s bee n reporte d to Contractor’s
insuranc e provide r for resolution.
3. The makin g of the fina l payment by the Cit y shall not reliev e the Contractor of any
guarantee s or othe r require ments of the Contract Documents whic h specifically continue
thereafter.
14.08 Fina l Completio n Delaye d and Partia l Retainag e Release
A. If fina l completio n of the Wor k is significantly delayed, and if Cit y so confir ms, Cit y may, upon
receipt of Contractor’s fina l Applicatio n for Payment, and without terminatin g the Contract, make
payment of the balanc e due for tha t portion of the Wor k fully complete d and accepted. If the
remainin g balanc e to be held by Cit y for Work not fully complete d or corrected is les s than the
retainage stipulate d in Paragraph 14.02.C , and if bonds have bee n furnishe d as require d in
Paragraph 5.02, the written consent of the surety to the payment of the balanc e due for that
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 57 of 63
portion of the Work fully complete d and accepted shall be submitte d by Contractor to Cit y with
the Applicatio n for suc h payment. Suc h payment shall be made unde r the terms and conditions
governing fina l payment, except tha t it shall not constitute a waive r of Contrac t Claims.
B. Partia l Retainag e Release. For a Contrac t tha t provide s for a separate vegetative establish ment
and maintenance, and test and perfor manc e periods followin g the completio n of all other
construction in the Contrac t Documents for all Work locations , the Cit y may release a portion of
the amount retained provide d tha t all othe r wor k is complete d as determine d by the City . Before
the release, all submittals and fina l quantitie s mus t be complete d and accepted for all othe r work.
An amount sufficien t to ensure Contrac t complianc e will be retained.
14.09 Waive r of Claims
The acceptance of fina l payment will constitute a re lease of the Cit y from all claims or liabilities
unde r the Contrac t for anything done or furnished or relatin g to the wor k unde r the Contract
Documents or any act or neglec t of Cit y related to or connecte d wit h the Contract.
ARTICLE 15 – SUSPENSIO N OF WOR K AND TERMINATION
15.01 City May Suspend Work
A. At any time and without cause, Cit y may suspend the Wor k or any portion thereof by written
notic e to Contractor and whic h may fix the date on whic h Wor k will be resumed. Contractor shall
resume the Wor k on the date so fixed . Durin g te mporar y suspension of the Work covered by thes e
Contrac t Documents , for any reason, the Cit y will make no extra payment for stand-by time of
construction equipment and/or construction crews.
B. Should the Contractor not be able to complet e a portion of the Projec t due to causes beyond the
control of and without the fault or negligenc e of the Contractor, and should it be determine d by
mutua l consent of the Contractor and Cit y tha t a solutio n to allo w construction to procee d is not
available within a reasonable perio d of time , Contractor may reques t a n extension in Contract
Time, directly attributable to any suc h suspension.
C. If it should become necessary to suspend the Wor k for a n indefinit e period, the Contractor shall
store all materials in suc h a manne r tha t the y will not obstruc t or impede the public unnecessarily
nor become da mage d in any way, and he shall take every precaution to prevent da mage or
deterioration of the work perfor med; he shall provide suitable drainage about the work, and erect
te mporar y structure s where necessary.
D. Contractor may be reimburse d for the cos t of moving his equipment off the jo b and returning the
necessary equipment to the jo b whe n it is determine d by the Cit y tha t construction may be
resumed. Suc h reimburse ment shall be base d on actual cos t to the Contractor of moving the
equipment and no profit will be allowed . Reimburse ment may not be allowe d if the equipment is
move d to anothe r construction projec t for the City.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 58 of 63
15.02 City May Terminate for Cause
A. The occurrenc e of any one or mor e of the followin g events by way of exa mple , but not of limitation ,
may justif y terminatio n for cause:
1. Contractor’s persistent failur e to perfor m the Wor k in accordance wit h the Contract Documents
(including, but not limite d to, failure to supply sufficien t skille d worker s or suitable materials
or equipment, failur e to adher e to the Projec t Schedule establishe d under Paragraph 2.07 as
adjuste d from time to time pursuant to Paragraph 6.04, or failur e to adhere to the City’s
Business Diversity Enterprise Ordinance #20020-12-2011establishe d unde r Paragraph
6.06.D);
2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor’s repeated disregard of the authority of City ; or
4. Contractor’s violatio n in any substantia l way of any provisions of the Contrac t Documents;
or
5. Contractor’s failur e to promptly make good any defect in materials or workmanship, or
defects of any nature , the correction of whic h ha s bee n directed in writin g by the City ; or
6. Substantia l indicatio n tha t the Contractor ha s made an unauthorize d assignment of the
Contrac t or any funds due therefrom for the benefit of any creditor or for any othe r purpose;
or
7. Substantia l evidenc e tha t the Contractor ha s become insolvent or bankrupt, or otherwise
financially unable to carry on the Work satisfactorily ; or
8. Contractor commences lega l action in a cour t of competent jurisdictio n agains t the City.
B. If one or more of the events identifie d in Paragraph 15.02A . occur, Cit y will provide written notic e
to Contractor and Surety to arrange a conferenc e wit h Contractor and Surety to address
Contractor 's failur e to perform the Work. Conferenc e shall be held not late r tha n 15 days , after
receipt of notice.
1. If the City , the Contractor, and the Surety do not agre e to allo w the Contractor to procee d to
per for m the construction Contract, the Cit y may, to the extent per mitte d by Law s and
Regulations , declare a Contractor default and formally terminat e the Contractor 's righ t to
complet e the Contract. Contractor default shall not be declared earlie r tha n 20 days after the
Contractor and Suret y have received notic e of conferenc e to addres s Contractor's failur e to
perfor m the Work.
2. If Contractor's services are terminated, Suret y shall be obligate d to take ove r and perfor m the
Work. If Surety doe s not commenc e performanc e thereof within 15 consecutive calendar days
afte r date of an additiona l writte n notic e de manding Surety's perfor manc e of its
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 59 of 63
obligations , the n City , without proces s or actio n at law , may take ove r any portion of the
Work and complet e it as describe d below.
a. If Cit y complete s the Work, Cit y may exclude Contractor and Surety from the sit e and
take possession of the Work, and all materials and equipment incorporate d int o the Work
store d at the Sit e or for whic h Cit y ha s paid Contractor or Surety but whic h are stored
elsewhere, and finis h the Wor k as Cit y may dee m expedient.
3. Whethe r Cit y or Surety complete s the Work, Contractor shall not be entitle d to receive any
furthe r payment until the Wor k is finished . If the unpaid balanc e of the Contrac t Price exceeds
all claims, costs , losses and da mage s sustaine d by Cit y arisin g out of or resulting from
completin g the Work, suc h excess will be pa id to Contractor . If suc h claims, costs, losses and
da mage s exceed suc h unpaid balance, Contractor shall pa y the differenc e to City. Suc h claims ,
costs , losses and da mage s incurre d by Cit y will be incorporate d in a Change Order , provide d
tha t whe n exercising any rights or remedie s unde r this Paragraph, Cit y shall no t be require d to
obtain the lowes t pric e for the Work perfor med.
4. Neithe r City , nor any of it s respective consultants , agents , officers, director s or employees
shall be in any way liable or accountable to Contractor or Surety for the method by whic h the
completio n of the said Work, or any portion thereof, ma y be accomplishe d or for the price paid
therefor.
5. City , notwithstanding the method use d in completin g the Contract, shall not forfeit the right
to recove r da mage s from Contractor or Surety for Contractor's failur e to timely complet e the
entir e Contract . Contractor shall not be entitle d to any claim on account of the method used
by Cit y in completin g the Contract.
6. Maintenanc e of the Wor k shall continue to be Contractor 's and Surety's responsibilitie s as
provide d for in the bond require ment s of the Contrac t Documents or any special guarantees
provide d for unde r the Contrac t Documents or any othe r obligations otherwis e prescribe d by
law.
C. Notwithstanding Paragraphs 15.02.B, Contractor’s service s will not be terminate d if Contractor
begins within seve n days of receipt of notic e of inten t to terminat e to correct it s failur e to perform
and proceeds diligently to cur e suc h failur e within no mor e tha n 30 days of receipt of said notice.
D. Wher e Contractor’s services have bee n so terminate d by City , the terminatio n will not affect any
rights or remedie s of Cit y agains t Contractor then existin g or whic h may thereafter accrue. Any
retention or payment of moneys due Contractor by Cit y will not release Contractor from liability.
E. If and to the extent tha t Contractor ha s provide d a perfor manc e bond unde r the provisions of
Paragraph 5.02, the terminatio n procedure s of tha t bond shall not supersede the provisions of this
Article.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 60 of 63
15.03 City May Terminate Fo r Convenience
A. Cit y may, without cause and without prejudic e to any othe r righ t or remedy of City , terminat e the
Contract. Any terminatio n shall be effected by mailin g a notic e of the terminatio n to the Contractor
specifyin g the extent to whic h perfor manc e of Wor k unde r the contrac t is terminated, and the date
upon whic h suc h terminatio n become s effective. Receipt of the notic e shall be dee med
conclusively presumed and establishe d whe n the lette r is placed in the Unite d States Posta l Servic e
Mail by the City . Further, it shall be dee me d conclusively presumed and establishe d tha t suc h
terminatio n is made wit h jus t cause as therein stated; and no proof in any claim, de mand or suit
shall be require d of the Cit y regarding suc h discretionar y action.
B. After receipt of a notic e of te rmination , and except as otherwis e directed by the City , the
Contractor shall:
1. Stop wor k unde r the Contrac t on the date and to the extent specifie d in the notic e of termination;
2. plac e no furthe r order s or subcontracts for materials , services or facilitie s except as may be
necessary for completio n of suc h portion of the Work unde r the Contrac t a s is not terminated;
3. terminat e all order s and subcontracts to the extent tha t the y relate to the per formanc e of the
Wor k terminate d by notic e of termination;
4. transfer title to the Cit y and delive r in the manner , at the times, and to the extent, if any,
directed by the City:
a. the fabricated or unfabricate d parts , Wor k in progress , complete d Work, supplie s and
othe r material produce d a s a part of , or acquire d in connection wit h the performanc e of,
the Work terminate d by the notic e of the termination ; and
b. the completed, or partially complete d plans , drawings , infor matio n and othe r property
which , if the Contrac t ha d bee n completed, would have bee n require d to be furnishe d to
the City.
5. complet e performanc e of suc h Work as shall not have bee n terminate d by the notic e of
termination ; and
6. take suc h action as may be necessary, or as the Cit y may direct, for the protection and
preservation of the property related to it s contrac t whic h is in the possession of the
Contractor and in whic h the owne r ha s or may acquir e the rest.
C. At a time not late r tha n 30 days after the terminatio n date specifie d in the notic e of termination,
the Contractor may submit to the Cit y a list , certifie d as to quantity and quality , of any or all ite ms
of terminatio n inventor y not previously dispose d of, exclusiv e of ite ms the dispositio n of whic h
ha s bee n directed or authorize d by City.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 61 of 63
D. Not late r tha n 15 days thereafter, the Cit y shall accept title to suc h ite ms provided, tha t the list
submitted shall be subjec t to verificatio n by the Cit y upon remova l of the ite ms or, if the ite ms are
stored, within 45 days from the date of submissio n of the list , and any necessary adjustments t o
correct the lis t as submitted, shall be made prio r to fina l settle ment.
E. Not late r tha n 60 days afte r the notic e of termination , the Contractor shall submit his termination
claim to the Cit y in the form and wit h the certificatio n prescribe d by the City . Unles s an extensio n
is made in writin g within suc h 60 da y perio d by the Contractor, and grante d by the City, any and
all suc h claims shall be conclusively dee med waived.
F. In suc h case, Contractor shall be paid for (without duplicatio n of any ite ms):
1. complete d and acceptable Wor k executed in accordanc e wit h the Contrac t Documents prior
to the effective date of termination , includin g fair and reasonable sums for overhea d and profit on
suc h Work;
2. expense s sustaine d prio r to the effective date of terminatio n in perfor min g services and
furnishing labor , materials, or equipment a s require d by the Contrac t Documents in connection
wit h uncomplete d Work, plu s fair and reasonable sums for overhea d and profit on suc h expenses;
and
3. reasonable expense s directly attributable to termination.
G. In the event of the failur e of the Contractor and Cit y to agre e upon the whole amount to be paid
to the Contractor by reason of the terminatio n of the Work, the Cit y shall determine , on the basis
of infor matio n available to it , the amount, if any, due to the Contractor by reason of the terminatio n
and shall pa y to the Contractor the amounts determined . Contractor shall not be paid on account
of los s of anticipated profits or revenue or othe r economic los s arisin g out of or resultin g from
suc h termination.
ARTICLE 16 – DISPUTE RESOLUTION 16.01 Methods and Procedures
A. Eithe r Cit y or Contractor ma y reques t mediation of any Contrac t Claim submitted for a decision
unde r Paragraph 10.06 before suc h decisio n becomes fina l and binding. The reques t for mediatio n
shall be submitted to the othe r party to the Contract. Timely submissio n of the request shall stay
the effect of Paragraph 10.06.E.
B. Cit y and Contractor shall participat e in the mediatio n proces s in good faith . The proces s shall be
commenced within 60 days of filin g of the request.
C. If the Contrac t Claim is not resolve d by mediation , City’s action unde r Paragraph 10.06.C or a
denia l pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become fina l and binding 30 days after
terminatio n of the mediatio n unless , within tha t time period, Cit y or Contractor:
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 62 of 63
1. elects in writin g to invoke any othe r dispute resolutio n proces s provide d for in the
Supple mentary Conditions ; or
2. agrees wit h the othe r party to submit the Contrac t Claim to anothe r dispute resolution
process ; or
3. give s writte n notic e to the othe r party of the inten t to submit the Contrac t Claim to a court of
competent jurisdiction.
ARTICLE 1 7 – MISCELLANEOUS 17.01 Givin g Notice
A. Wheneve r any provision of the Contrac t Documents require s the givin g of written notice , it will
be dee med to have bee n validly give n if:
1. delivere d in person to the individua l or to a membe r of the fir m or to an office r of the
corporation for whom it is intended; or
2. delivere d at or sent by registered or certified mail, postage prepaid, to the las t business
addres s know n to the give r of the notice.
B. Busines s addres s change s mus t be promptly made in writin g to the othe r party.
C. Wheneve r the Contrac t Documents specifie s givin g notic e by electronic means suc h electronic
notic e shall be dee me d sufficien t upon confirmatio n of receipt by the receiving party.
17.02 Computation of Times
Whe n any perio d of time is re ferred to in the Contrac t Documents by days , it will be compute d to
exclude the first and includ e the las t da y of suc h period. If the las t da y of any suc h perio d falls on a
Saturda y or Sunda y or on a da y made a lega l holida y the next Working Day shall become the last da y
of the period.
17.03 Cumulative Remedies
The dutie s and obligations impose d by thes e General Conditions and the rights and remedies available
hereunde r to the partie s hereto are in additio n to, and are not to be construe d in any way as a limitatio n
of, any rights and remedie s available to any or all of the m whic h are otherwis e imposed or available
by Laws or Regulations , by special warranty or guarantee , or by othe r provisions of the Contrac t
Documents . The provisions of this Paragraph will be as effective as if repeated specifically in the
Contrac t Documents in connection wit h each particula r duty, obligation, right, and remedy to whic h
the y apply.
CIT Y OF FOR T WORTH
STANDARD CONST RU CT IO N SPECIFICATIO N DOCUMENTS
Revision: 8/23/2021
00 72 00 - 1 GENERAL CONDITION S
Page 63 of 63
17.04 Survival o f Obligations
All representations , inde mnifications , warranties, and guarantee s made in , require d by, or give n in
accordance wit h the Contrac t Documents , as well as all continuing obligations indicate d in the
Contrac t Documents , will survive fina l payment, completion , and acceptance of the Wor k or
terminatio n or completio n of the Contrac t or terminatio n of the services of Contractor.
17.05 Headings
Article and paragraph headings are inserte d for convenienc e only and do not constitute parts of these
General Conditions.
None
None
Trail Gap Connections
101632
Trail Gap Connections
101632
June 30, 2021.
City of Ft. Worth
Telephone Co.
City of Ft. Worth
City of Ft. Worth
None
None
(3)None
Statutory limits
Employer's liability
$100,000 each accident/occurrence
$100,000 Disease - each employee
$500,000 Disease - policy limit
Trail Gap Connections
101632
$1,000,000 each occurrence
$2,000,000 aggregate limit
$1,000,000
$250,000 Bodily Injury per person /
$500,000 Bodily Injury per accident /
$100,000 Property Damage
None
(1)$Confirm Limits with Railroad
(2)$Confirm Limits with Railroad
Required for this Contract X Not required for this Contract
Trail Gap Connections
101632
CFW Vertical Wage Rate Table – Commercial Construction Project
Trail Gap Connections
101632
None
None None None
None
None
None