HomeMy WebLinkAboutContract 55316-PM1CSC No. 55316-PM1
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TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS
Page 1 of 4
CITY OF FORT WORTH Northpointe, Phase 3
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656
Revised September 1, 2015
SECTION 00 00 10 1
TABLE OF CONTENTS 2
DEVELOPER AWARDED PROJECTS 3
4
Division 00 - General Conditions 5
00 11 13 Invitation to Bidders 6
00 21 13 Instructions to Bidders 7
00 41 00 Bid Form 8
00 42 43 Proposal Form Unit Price 9
00 43 13 Bid Bond 10
00 45 11 Bidders Prequalification’s 11
00 45 12 Prequalification Statement 12
00 45 13 Bidder Prequalification Application 13
00 45 26 Contractor Compliance with Workers' Compensation Law 14
00 45 40 Minority Business Enterprise Goal 15
00 52 43 Agreement 16
00 61 25 Certificate of Insurance - 17
00 62 13 Performance Bond 18
00 62 14 Payment Bond 19
00 62 19 Maintenance Bond 20
00 72 00 General Conditions 21
00 73 00 Supplementary Conditions 22
00 73 10 Standard City Conditions of the Construct ion Contract for Developer Awarded 23
Projects 24
25
Division 01 - General Requirements 26
01 11 00 Summary of Work 27
01 25 00 Substitution Procedures 28
01 31 19 Preconstruction Meeting 29
01 31 20 Project Meetings 30
01 32 16 Construction Progress Schedule 31
01 32 33 Preconstr uction Video 32
01 33 00 Submittals 33
01 35 13 Special Project Procedures 34
01 45 23 Testing and Inspection Services 35
01 50 00 Temporary Facilities and Controls 36
01 55 26 Street Use Permit and Modifications to Traffic Control 37
01 57 13 Storm Water Pollution Preventi on Plan 38
01 58 13 Temporary Project Signage 39
01 60 00 Product Requirements 40
01 66 00 Product Storage and Handling Requirements 41
01 70 00 Mobilization and Remobilization 42
01 71 23 Construction Staking 43
01 74 23 Cleaning 44
01 77 19 Closeout Requirements 45
01 78 23 Operation and Maintenance Data 46
01 78 39 Project Record Documents 47
48
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TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS
Page 2 of 4
CITY OF FORT WORTH Northpointe, Phase 3
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656
Revised September 1, 2015
Technical Specifications which have been modified by the Engineer specifically for this 1
P roject ; hard copies are included in the Project ’s Contract Documents 2
3
NONE 4
5
Technical Specification s listed below are included for this Project by reference and can be 6
viewed/downloaded from the City’s Buzzsaw site at : 7
8
htps://projectpoint.buzzsaw.com/client/fortworthgov/Resources/02%20 -9
%20Construction%20Documents/Specifications 10
11
Division 02 - Existing Condition s 12
02 41 13 Selective Site Demolition 13
02 41 14 Utility Removal/Abandonment 14
02 41 15 Paving Removal 15
16
Division 03 - Concrete 17
03 30 00 Cast-In-Place Concrete 18
03 34 13 Controlled Low Strength Material (CLSM) 19
03 34 16 Concrete Base Material for Trench Repair 20
03 80 00 Modifications to Existing Concrete Structures 21
22
Division 26 - Electrical 23
26 05 00 Common Work Results for Electrical 24
26 05 10 Demolition for Electrical Systems 25
26 05 33 Raceway and Boxes for Electrical Systems 26
26 05 43 Underground Ducts and Raceways for Electrical Systems 27
28
Division 31 - Earthwork 29
31 10 00 Site Clearing 30
31 23 16 Unclassified Excavation 31
31 23 23 Borrow 32
31 24 00 Embankments 33
31 25 00 Erosion and Sediment Control 34
31 36 00 Gabions 35
31 37 00 Riprap 36
37
Division 32 - Exterior Improvements 38
32 01 17 Permanent Asphalt Paving Repair 39
32 01 18 Temporary Asphalt Paving Repair 40
32 01 29 Concrete Paving Repair 41
32 11 23 Flexible Base Courses 42
32 11 29 Lime Treated Base Courses 43
32 11 33 Cement Treated Base Courses 44
32 12 16 Asphalt Paving 45
32 12 73 Asphalt Paving Crack Sealants 46
32 13 13 Concrete Paving 47
32 13 20 Concrete Sidewalks, Driveways and Barrier F ree Ramps 48
32 13 73 Concrete Paving Joint Sealants 49
32 14 16 Brick Unit Paving 50
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TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS
Page 3 of 4
CITY OF FORT WORTH Northpointe, Phase 3
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656
Revised September 1, 2015
32 16 13 Concrete Curb and Gutters and Valley Gutters 1
32 17 23 Pavement Markings 2
32 31 13 Chain Link Fences and Gates 3
32 31 26 Wire Fences and Gates 4
32 31 29 Wood Fences and Gates 5
32 32 13 Cast-in-Place Concrete Retaining Walls 6
32 91 19 Topsoil Placement and Finishing of Parkways 7
32 92 13 Hydro-Mulching, Seeding, and Sodding 8
32 93 43 Trees and Shrubs 9
10
Division 33 - Utilities 11
33 01 30 Sewer and Manhole Testing 12
33 01 31 Closed Circuit Television (CCTV) Inspection 13
33 03 10 Bypass Pumping of Existing Sewer Systems 14
33 04 10 Joint Bonding and Electrical Isolation 15
33 04 11 Corrosion Control Test Stations 16
33 04 12 Magnesium Anode Cathodic Protection System 17
33 04 30 Temporary Water Services 18
33 04 40 Cleaning and Acceptance Testing of Water Mains 19
33 05 10 Utility Trench Excavation, Embedment, and Backfill 20
33 05 12 Water Line Lowering 21
33 05 13 Frame, Cover and Grade Rings 22
33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structur es to Grade 23
33 05 16 Concrete Water Vaults 24
33 05 17 Concrete Collars 25
33 05 20 Auger Boring 26
33 05 21 Tunnel Liner Plate 27
33 05 22 Steel Casing Pipe 28
33 05 23 Hand Tunneling 29
33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 30
33 05 26 Utility Markers/Locators 31
33 05 30 Exploratory Excavation for Existing Utilities 32
33 11 10 Ductile Iron Pipe 33
33 11 11 Ductile Iron Fittings 34
33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 35
33 11 13 Concrete Pressure Pipe, Bar -Wrapped, Steel Cylinder Type 36
33 11 14 Buried Steel Pipe and Fittings 37
33 11 15 Pre-stressed Concrete Cylinder Pipe 38
33 12 10 Water Services 1-inch to 2-inch 39
33 12 11 Large Water Meters 40
33 12 20 Resilient Seated Gate Valve 41
33 12 21 AWWA Rubber-Seated Butterfly Valves 42
33 12 25 Connection to Existing Water Mains 43
33 12 30 Combination Air Valve Assemblies for Potable Water Systems 44
33 12 40 Dry-Barrel Fire Hydrants 45
33 12 50 Water Sample Stations 46
33 12 60 Blow-off Valves 47
33 31 12 Cured in Place Pipe (CIPP) 48
33 31 13 Fiberglass Reinforced Pipe for Gravi ty Sanitary Sewers 49
33 31 15 HDPE Pipe For Sanitary Sewers (Gravity and Force Mains) 50
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TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS
Page 4 of 4
CITY OF FORT WORTH Northpointe, Phase 3
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102656
Revised September 1, 2015
33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 1
33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 2
33 31 22 Sanitary Sewer Slip Lining 3
33 31 23 Sanitary Sewer Pipe Enlargement 4
33 31 50 Sanitary Sewer Service Connections and Service Line 5
33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 6
33 39 10 Cast-in-Place Concrete Manholes 7
33 39 20 Precast Concrete Manholes 8
33 39 30 Fiberglass Manholes 9
33 39 40 Wastewater Access Chamber (WAC) 10
33 39 60 Epoxy Liners for Sanitary Sewer Structures 11
33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 12
33 41 11 HDPE Storm Sewer Pipe 13
33 46 00 Sub drainage 14
33 46 01 Slotted Storm Drains 15
33 46 02 Trench Drains 16
33 49 10 Cast-in-Place Manholes and Junction Boxes 17
33 49 20 Curb and Drop Inlets 18
33 49 40 Storm Drainage Headwalls and Wingwalls 19
20
Division 34 – Transportation 21
34 41 10 Traffic Signals 22
34 41 13 Removing Traffic Signals 23
34 41 20 Roadway Illumination Assemblies 24
34 41 30 Aluminum Signs 25
34 71 13 Traffic Control 26
27
28
Appendix 29
GC-4.01 Availability of Lands 30
GC-4.02 Subsurface and Physical Conditions – Geotechnical Report 31
GC-4.04 Underground Facilities 32
GC-4.06 Hazardous Environmental Condition at Site 33
GC-6.06.D Minority and Women Owned Business Enterprise Compliance 34
GC-6.07 Wage Rates 35
GC-6.09 Permits and Utilities – TxDOT Permit 36
GC-6.24 Nondiscrimination 37
GR-01 60 00 Product Requirements 38
39
END OF SECTION 40
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INSTRUCTIONS TO BIDDERS
Page 1 of 9
CITY OF FORT WORTH Northpointe, Phase 4
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102595
Revised April 4, 2014
SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1
DEVELOPER AWARDED CONTRACTS 2
FOR PRIVATELY BID PROJECTS ONLY 3
4
1. Defined Terms 5
6
1.1. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 7
meanings indicated below which are applicable to both the singular and plural thereof. 8
9
1.1.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 10
directly through a duly authorized representative, submitting a bid for performing 11
the work contemplated under the Contract Documents. 12
13
1.1.2.Successful Bidder: The lowest responsible and responsive Bidder to whom 14
Developer (on the basis of City's evaluation as hereinafter provided) makes an 15
award. 16
17
2. Copies of Bidding Documents 18
19
2.1. Neither Developer/City nor Engineer shall assume any responsibility for errors or 20
misinterpretations resulting from the Bidders use of incomplete sets of Bidding 21
Documents. 22
23
2.2. Developer and Engineer in making copies of Bidding Documents available do so only for 24
the purpose of obtaining Bids for the Work and do not authorize or confer a license or 25
grant for any other use. 26
27
3. Prequalification of Bidders (Prime Contractors and Subcontractors) 28
29
3.1. All Bidders and their subcontractors are required to be prequalif ied for the work types 30
requiring prequalification at the time of bidding. Bids received from contractors who are 31
not prequalified (even if inadvertently opened) shall not be considered. Prequalification 32
requirement work types and documentation are as foll ows: 33
34
3.1.1. Paving – Requirements document located at; 35
https://projectpoint.buzzsaw.com/fortworthgov/Resources/02%20 -36
%20Construction%20Documents/Contractor%20Prequalification/TPW%20Paving37
%20Contractor%20Prequalification%20Program/PREQUALIFICATION%20REQ38
UIREMENTS%20FOR%20PAVING%20CONTRACTORS.PDF?public 39
40
3.1.2. Roadway and Pedestrian Lighting – Requirements document located at; 41
https://projectpoint.buzzsaw.com/fortworthgov/Resources/02%20 -42
%20Construction%20Documents/Contractor%20Prequalification/TPW%20Paving43
%20Contractor%20Prequalification%20Program/PREQUALIFICATION%20REQ44
UIREMENTS%20FOR%20PAVING%20CONTRACTORS.PDF?public 45
46
3.1.3. Water and Sanitary Sewer – Requirements document located at; 47
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INSTRUCTIONS TO BIDDERS
Page 2 of 9
CITY OF FORT WORTH Northpointe, Phase 4
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102595
Revised April 4, 2014
https://projectpoint.buzzsaw.com/fortworthgov/Resources/02%20 -1
%20Construction%20Documents/Contractor%20Prequalification/Water%20and%22
0Sanitary%20Sewer%20Contractor%20Prequalification%20Program/WSS%20pre3
qual%20requirements.doc?public 4
5
6
3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within 7
seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 8
45 11, BIDDERS PREQUALIFICATIONS. 9
10
3.2.1. Submission of and/or questions related to prequalification should be addressed to 11
the City contact as provided in Paragraph 6.1. 12
13
14
3.3. The City reserves the right to require any pre-qualified contractor who is the apparent low 15
bidder(s) for a project to submit such additional information as the City, in its sole 16
discretion may require, including but not limited to manpower and equipment records, 17
information about key personnel to be assigned to the project, and construction schedule, 18
to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to 19
deliver a quality product and successfully complete projects for the amount bid within 20
the stipulated time frame. Failure to submit the additional information, if requested, 21
may be grounds for rejecting the apparent low bidder as non -responsive. 22
23
3.4. In addition to prequalification, additional requirements for qualification may be required 24
within various sections of the Contract Documents. 25
26
4. Examination of Bidding and Contract Documents, Other Related Data, and Site 27
28
4.1. Before submitting a Bid, each Bidder shall : 29
30
4.1.1. Examine and carefully study the Contract Documents and other related data 31
identified in the Bidding Documents (including "technical data" referred to in 32
Paragraph 4.2. below). No information given by Developer/City or any 33
representative of the Developer/City other than that contained in the Contract 34
Documents and officially promulgated addenda thereto, shall be binding upon the 35
Developer/City. 36
37
4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 38
site conditions that may affect cost, progress, performance or furnishing of the 39
Work. 40
41
4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 42
progress, performance or furnishing of the Work. 43
44
45
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INSTRUCTIONS TO BIDDERS
Page 3 of 9
CITY OF FORT WORTH Northpointe, Phase 4
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102595
Revised April 4, 2014
4.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or 1
contiguous to the Site and all drawings of physical conditions r elating to existing 2
surface or subsurface structures at the Site (except Underground Facilities) that 3
have been identified in the Contract Documents as containing reliable "technical 4
data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 5
at the Site that have been identified in the Contract Documents as containing 6
reliable "technical data." 7
8
4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 9
the information which the City will furnish. All addit ional information and data 10
which the City will supply after promulgation of the formal Contract Documents 11
shall be issued in the form of written addenda and shall become part of the Contract 12
Documents just as though such addenda were actually written into the original 13
Contract Documents. No information given by the City other than that contained in 14
the Contract Documents and officially promulgated addenda thereto, shall be 15
binding upon the City. 16
17
4.1.6. Perform independent research, investigations, tests, borings, and such other means 18
as may be necessary to gain a complete knowledge of the conditions which will be 19
encountered during the construction of the project. Bidder must fill all holes and 20
clean up and restore the site to its former conditions upon completi on of such 21
explorations, investigations, tests and studies. 22
23
4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 24
cost of doing the Work, time required for its completion, and obtain all information 25
required to make a proposal. Bidders shall rely exclusively and solely upon their 26
own estimates, investigation, research, tests, explorations, and other data which are 27
necessary for full and complete information upon which the proposal is to be based. 28
It is understood that the submission of a proposal is prima-facie evidence that the 29
Bidder has made the investigation, examinations and tests herein required. Claims 30
for additional compensation due to variations between conditions actually 31
encountered in construction and as indicated in the Contract Documents will not be 32
allowed. 33
34
4.1.8.Promptly notify Developer of all conflicts, errors, ambiguities or discrepancies in or 35
between the Contract Documents and such other related documents. The Contractor 36
shall not take advantage of any gross er ror or omission in the Contract Documents, 37
and the Developer shall be permitted to make such corrections or interpretations as 38
may be deemed necessary for fulfillment of the intent of the Contract Documents. 39
40
4.2. Reference is made to Section 00 73 00 – Supplementary Conditions for identification of: 41
42
4.2.1.those reports of explorations and tests of subsurface conditions at or contiguous to 43
the site which have been utilized by Developer in preparation of the Contract 44
Documents. The logs of Soil Borings, if any, on t he plans are for general 45
information only. Neither the Developer nor the Engineer guarantee that the data 46
shown is representative of conditions which actually exist. 47
48
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INSTRUCTIONS TO BIDDERS
Page 4 of 9
CITY OF FORT WORTH Northpointe, Phase 4
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102595
Revised April 4, 2014
4.2.2. those drawings of physical conditions in or relating to existing surface and 1
subsurface structures (except Underground Facilities) which are at or contiguous to 2
the site that have been utilized by Developer in preparation of the Contract 3
Documents. 4
5
4.2.3. copies of such reports and drawings will be made available by City to any Bidder 6
on request. Bidder is responsible for any interpretation or conclusion drawn from 7
any "technical data" or any other data, interpretations, opinions or information. 8
9
4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 10
that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 11
exception the Bid is premised upon performing and furnishing the Work required by the 12
Contract Documents and applying the specific means, methods, techniques, sequences or 13
procedures of construction (if any) that may be shown or indicated or expressly required 14
by the Contract Documents, (iii) that Bidder has given Developer written notice of all 15
conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 16
written resolutions thereof by Developer are acceptable to Bidder, and when said 17
conflicts, etc., have not been resolved through the interpretations by Developer as 18
described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient 19
to indicate and convey understanding of all terms and conditions for performing and 20
furnishing the Work. 21
22
4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 23
biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material, unless 24
specifically identified in the Contract Documents. 25
26
5. Availability of Lands for Work, Etc. 27
28
5.1. The lands upon which the Work is to be performed, rights-of-way and easements for 29
access thereto and other lands designated for use by Contractor in performing the Work 30
are identified in the Contract Documents. All additional lands and access thereto 31
required for temporary construction facilities, construction equipment or storage of 32
materials and equipment to be incorporated in the Work are to be obtained and paid for 33
by Contractor . Easements for permanent structures or permanent changes in existing 34
facilities are to be obtained and paid for by Developer. 35
36
37
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41
42
43
44
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INSTRUCTIONS TO BIDDERS
Page 5 of 9
CITY OF FORT WORTH Northpointe, Phase 4
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102595
Revised April 4, 2014
6. Interpretations and Addenda 1
2
6.1. All questions about the meaning or intent of the Bidding Docu ments are to be directed to 3
Developer’s representative. Interpretations or clarifications considered necessary by 4
Developer in response to such questions will be issued by Addenda delivered to all 5
parties recorded by Developer as having received the Bidding Documents. Only 6
questions answered by formal written Addenda will be binding Oral and other 7
interpretations or clarifications will be without legal effect 8
9
Address questions to: 10
11
12
Attn: Bryce Eckeberger, Kimley-Horn 13
Email: bryce.eckeberger@kimley-horn.com 14
Phone: 972-770-1324 15
16
Attn: Mitch Holmes, City of Fort Worth 17
Email: mitch.holmes@fortworthtexas.gov 18
Phone: 817-392-6826 19
20
21
6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 22
Developer/City. 23
24
6.3. A prebid conference may be held at the time and place indicated in the Advertisement or 25
INVITATION TO BIDDERS. Representatives of Developer will be present to discuss 26
the Project. Bidders are encouraged to attend and participate in the conference. 27
Developer’s representative will transmit to all prospective Bidders of record such 28
Addenda as Developer considers necessary in response to questions arising at the 29
conference. Oral statements may not be relied upon and will not be binding or legally 30
effective. 31
32
7. Bid Security 33
7.1. Each Bid must be accompanied by Bid Bond made payable to Developer in an amount of 34
five (5) percent of Bidder's maximum Bid price on form attached , issued by a surety 35
meeting the requirements as listed in the General Conditions. 36
37
7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 38
have been satisfied. If the Successful Bidder fails to execute and deliver the complete 39
Agreement within 10 days after the Notice of Award, Developer may consider Bidder to 40
be in default, rescind the Notice of Award, and the Bid Bond of that Bidder will be 41
forfeited. Such forfeiture shall be Developer 's exclusive remedy if Bidder defaults. The 42
Bid Bond of all other Bidders whom Developer believes to have a reasonable chance of 43
receiving the award will be retained by Developer until final contract execution. 44
45
8. Contract Times 46
The number of days within which, or the dates by which, Milestones are to be achieved in 47
accordance with the General Requirements and the Work is to be completed and ready for 48
Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 49
attached Bid Form. 50
51
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INSTRUCTIONS TO BIDDERS
Page 6 of 9
CITY OF FORT WORTH Northpointe, Phase 4
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102595
Revised April 4, 2014
9. Liquidated Damages 1
Provisions for liquidated damages are set forth in the Agreement. 2
3
10. Substitute and "Or-Equal" Items 4
The Contract, if awarded, will be on the basis of materials and equipment described in the 5
Bidding Documents without consideration of possible substitute or "or -equal" items. 6
Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or-7
equal" item of material or equipment may be furnished or used by Contractor if acceptable to 8
City, application for such acceptance will not be considered by City until after the Effective 9
Date of the Agreement. The procedure for subm ission of any such application by Contractor 10
and consideration by City is set forth in Section 01 25 00 of the General Requirements. 11
12
13
14
15
16
17
18
11. Bid Form 19
20
21
11.1. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 22
signed in ink. Erasures or alterations shall be initialed in ink by the person signing 23
the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 24
price item listed therein. In the case of optional alternatives, the words "No Bid," 25
"No Change," or "Not Applicable" may be entered legibly, in ink or type, for which 26
the Bidder proposes to do the work contemplated or furnish materials required. 27
28
11.2. Bids by corporations shall be executed in the corporate name by the president or a 29
vice-president or other cor porate officer accompanied by evidence of authority to 30
sign. The corporate seal shall be affixed. The corporate name, address and state of 31
incorporation shall be shown below the signature. 32
33
11.3. Bids by partnerships shall be executed in the partnership name and signed by a 34
partner, whose title must appear under the signature accompanied by evidence of 35
authority to sign. The official name and address of the partnership shall be shown 36
below the signature. 37
38
11.4. Bids by limited liability companies shall be executed i n the name of the firm by a 39
member and accompanied by evidence of authority to sign. The name and state of 40
formation of the firm and the official address of the firm shall be shown. 41
42
11.5. Bids by individuals shall show the Bidder's name and official address. 43
44
11.6. Bids by joint ventures shall be executed by each joint venturer in the manner 45
indicated on the Bid Form. The official address of the joint venture shall be shown. 46
47
11.7. All names shall be typed or printed in ink below the signature. 48
49
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INSTRUCTIONS TO BIDDERS
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CITY OF FORT WORTH Northpointe, Phase 4
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102595
Revised April 4, 2014
11.8. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 1
which shall be filled in on the Bid Form. 2
3
11.9. Postal and e-mail addresses and telephone number for communications regarding the 4
Bid shall be shown. 5
6
11.10. Evidence of authority to conduct business as a Nonresident Bidder in the state of 7
Texas shall be provided in accordance with Section 00 43 37 – Vendor Compliance 8
to State Law Non Resident Bidder. 9
10
12. Submission of Bids 11
Bids shall be submitted on the prescribed Bid Form and proposal form, provided with the 12
Bidding Documents, at the time and place indicated in the Advertisement or INVITATION 13
TO BIDDERS, addressed to City of Fort Worth Project Manager , and shall be enclosed in an 14
opaque sealed envelope, marked with the City Project Number, Project title, the name and 15
address of Bidder, and accompanied by the Bid security, if required, and other required 16
documents. 17
18
13. Modification and Withdrawal of Bids 19
20
13.1. Bids cannot be withdrawn prior to the time set for bid opening. A request for 21
withdrawal must be made in writing by an appropriate document duly executed in the 22
manner that a Bid must be executed and delivered to the place where Bids are to be 23
submitted at any time prior to the opening of Bids. After all Bids not requested for 24
withdrawal are opened and publicly read aloud, the Bids for which a withdrawal 25
request has been properly filed may, at the option of the Developer/City, be returned 26
unopened. 27
28
13.2 Bidders may modify their Bid by electronic communication at any time prior to the 29
time set for the closing of Bid receipt. 30
31
14. Opening of Bids 32
Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 33
abstract of the amounts of the base Bids and major alternates (if any) will be made available 34
to Bidders after the opening of Bids. 35
36
15. Bids to Remain Subject to Acceptance 37
All Bids will remain subject to acceptance for the time period specified for Notice of Award 38
and execution and delivery of a complete Agreement by Successful Bidder. Developer/City 39
may, at their sole discretion, release any Bid and nullify the Bid security, if required, prior to 40
that date. 41
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INSTRUCTIONS TO BIDDERS
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CITY OF FORT WORTH Northpointe, Phase 4
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102595
Revised April 4, 2014
16. Evaluation of Bids and Award of Contract 1
2
16.1. Developer/City reserves the right to reject any or all Bids, including without 3
limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or 4
conditional Bids and to reject the Bid of any Bidder if Developer/City believes that it 5
would not be in the best interest of the Project to make an award to that Bidder, 6
whether because the Bid is not responsive or the Bidder is unqualified or of doubtful 7
financial ability or fails to meet any other pertinent standard or criteria established by 8
City. Developer/City also reserves the right to waive informalities not involving 9
price, contract time or changes in the Work with the Successful Bidder. 10
Discrepancies between the multiplication of units of Work and unit prices will be 11
resolved in favor of the unit prices. Discrepancies between the indicated sum of any 12
column of figures and the correct sum thereof wil l be resolved in favor of the correct 13
sum. 14
15
16.1.1. Any or all bids will be rejected if Developer/City has reason to believe that 16
collusion exists among the Bidders, Bidder is an interested party to any litigation 17
against Developer/City, Developer/City or Bidder may have a claim against the 18
other or be engaged in litigation, Bidder is in arrears on any existing contract or 19
has defaulted on a previous contract, Bidder has performed a prior contract in an 20
unsatisfactory manner, or Bidder has uncompleted work which in the judgment 21
of the Developer/City will prevent or hinder the prompt completion of additional 22
work if awarded. 23
24
16.2. Developer/City may consider the qualifications and experience of Subcontractors, 25
Suppliers, and other persons and organizations proposed for those portions of the 26
Work as to which the identity of Subcontractors, Suppliers, and other persons and 27
organizations must be submitted as provided in the Contract Documents or upon the 28
request of the Developer/City. Developer/City also may consider the operating costs, 29
maintenance requirements, performance data and guarantees of major items of 30
materials and equipment proposed for incorporation in the Work when such data is 31
required to be submitted prior to the Notice of Award. 32
33
16.3. Developer/City may conduct such investigations as Developer/City deems necessary 34
to assist in the evaluation of any Bid and to establish the responsibility, 35
qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers 36
and other persons and organizations to perform and furnish the Work in accordance 37
with the Contract Documents to Developer’s/City's satisfaction within the prescribed 38
time. 39
40
41
42
16.4. If the Contract is to be awarded, it will be awarded to lowest responsible and 43
responsive Bidder whose evaluation by Developer/City indicates that the award will 44
be in the best interests of the Developer/City. 45
46
47
48
16.5. Failure or refusal to comply with the requirements may result in rejection of Bid . 49
50
00 21 13 - 9
INSTRUCTIONS TO BIDDERS
Page 9 of 9
CITY OF FORT WORTH Northpointe, Phase 4
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102595
Revised April 4, 2014
17. Signing of Agreement 1
When Developer issues a Notice of Award to the Successful Bidder, it will be accompanied 2
by the required number of unsigned counterparts of the Agreement. The Contractor shall sign 3
and deliver the required number of counterparts of the Agreement to Developer’s 4
representative with the required Bonds, Certificates of Insurance, and all other required 5
documentation. 6
7
8
9
END OF SECTION 10
CONATSER
DOCUMENTS
00 41 00
DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY
Page 1 of 3
CITY OF FORT WORTH
STANDARD CONSTRUCTION BID FORM – DEVELOPER AWARDED PROJECTS 00 41 00 Bid Form – DAP.docx
Form Revised April 2, 2014
SECTION 00 41 00
DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY
TO: Lennar Homes of Texas Land & Construction, Ltd.
1707 Market Place Blvd, Suite 100
Irving, TX 75063
FOR: Northpointe Phase 4
City Project
No.:
102595
Units/Sections: Unit 1 Water and Sewer Improvements
Unit 2 Drainage and Paving Improvements
1. Enter Into Agreement
The undersigned Bidder proposes
and agrees, if this Bid is accepted, to enter into an Agreement with Developer 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. BIDDER Acknowledgements and Certification
2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITA TION 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 in the
construction contract.
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, or corporation.
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 anything of value
likely to influence the action of a public official in the bidding process.
00 41 00
DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY
Page 2 of 3
CITY OF FORT WORTH
STANDARD CONSTRUCTION BID FORM – DEVELOPER AWARDED PROJECTS 00 41 00 Bid Form – DAP.docx
Form Revised April 2, 2014
b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to
influence the bidding process to the detriment of Developer (b) to establish Bid prices at
artificial non-competitive levels, or (c) to deprive Developer 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 Developer, a purpose of which is to establish B id prices at
artificial, non-competitive levels.
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. Prequalification
The Bidder acknowledges that the following work types must be performed only by prequalified
contractors and subcontractors:
a. N/A
b. N/A
c. N/A
d. N/A
4. Time of Completion
4.1. The Work will be complete for Final Acceptance within 140 working days after the date when
the Contract Time commences to run as provided in the General Conditions.
4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, 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. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the
requirements of the General Conditions.
c. Proposal Form, Section 00 42 43
d. MBE Forms (if required)
e. Prequalification Statement, Section 00 45 12
f. Any additional documents that may be required by Section 12 of the Instructions
to Bidders
g. Bidder pre-qualification application (optional)
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
00 41 00
DAP BID FORM FDR PUBLICLY BID PRO]ECfS ONLY
Page 3 of 3
bid prices for each pay item by the respective estimated quantities shown in this proposal and
then totaling all of the extended amounts.
7. Bid Submittal
This Bid is submitted on by the entity named below
Respectfully submitted,
�
By:
(Si ure)
Brock Huggins, President
(Printed Name)
Title:
Company: Conatser Construction Tx, LP
Address: 5327 Wichita Street
Fort Worth, TX 76119
State of Incorporation: Texas
Email: brock@cctxpl.com
Phone: 817-546-5148
Receipt is acknowledged of
the following Addenda: Initial
Addendum No. 1
Addendum No. 2
Addendum No. 3
Addendum No. 4
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION BID FORM — DEVEIAPERAWARDED PROJECfS
Form Revised April 2, 2014
00 4100 Bid Form — DAP.dooc
00 42 43
DAP - BID PROPOSAL
Page 1 of 2
1 3311.0241 8" Water Pipe 33 11 10, 33 11 12 LF 4,174 $34.00 $141,916.00
2 3312.0001 Fire Hydrant Assembly w/ 6" Gate Valve & Box 33 11 10, 33 11 12 EA 9 $4,200.00 $37,800.00
3 0241.1218 4"-12" Water Abandonment Plug 02 41 14 EA 4 $1,000.00 $4,000.00
4 3312.3003 8" Gate Valve 33 12 20 EA 15 $1,250.00 $18,750.00
5 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 3.68 $4,500.00 $16,560.00
6 3312.2003 1" Water Service 33 12 10 EA 116 $950.00 $110,200.00
7 3312.0110 Connection to Existing Water Main 33 12 25 EA 2 $1,000.00 $2,000.00
8 3305.0109 Trench Safety 00 05 10 LF 4,174 $1.00 $4,174.00
1 3331.4115 8" Sewer Pipe 33 11 10, 33 31 12, 33 31 20 LF 4,447 $42.00 $186,774.00
2 3331.4116 8" Sewer Pipe, CSS Backfill 33 11 10 LF 100 $60.00 $6,000.00
3 3331.4117 8" Sewer Pipe, CLSM Backfill 33 11 10 LF 140 $70.00 $9,800.00
4 3339.0001 Epoxy Manhole Liner 33 39 10, 33 39 20 VF 144.7 $385.00 $55,709.50
5 3339.1001 4' Manhole 33 39 10, 33 39 20 EA 12 $3,800.00 $45,600.00
6 3339.1002 4' Drop Manhole 33 39 10, 33 39 20 EA 1 $5,200.00 $5,200.00
7 3339.1002 4' Manhole w/ Hydraulic Slide 33 39 10, 33 39 20 EA 4 $4,800.00 $19,200.00
8 3331.3101 4" Sewer Service 33 31 50 EA 116 $650.00 $75,400.00
9 3305.0109 Trench Safety 00 05 10 LF 4,447 $1.00 $4,447.00
10 3301.0101 Manhole Vacuum Testing 33 01 30 EA 17 $150.00 $2,550.00
11 3301.0002 Post-CCTV Inspection 33 01 31 LF 4,447 $2.00 $8,894.00
12 9999.0001 Connect to Existing MH w/ Hydraulic Slide 00 00 00 EA 1 $8,500.00 $8,500.00
13 9999.0002 Connect to Proposed 4' MH w/ Outside Drop Connection 00 00 00 EA 1 $9,500.00 $9,500.00
14 9999.0003 Connect to Existing Stub-Out 00 00 00 EA 1 $1,000.00 $1,000.00
1 3349.5001 10' Curb Inlet 33 49 20 EA 5 $3,200.00 $16,000.00
2 3349.5002 15' Curb Inlet 33 49 20 EA 9 $4,200.00 $37,800.00
3 3349.0001 4' Storm Junction Box 33 49 10 EA 5 $5,000.00 $25,000.00
4 3341.0201 21" RCP, Class III 33 41 10 LF 407 $50.00 $20,350.00
5 3341.0205 24" RCP, Class III 33 41 10 LF 930 $55.00 $51,150.00
6 3341.0305 33" RCP, Class III 33 41 10 LF 20 $85.00 $1,700.00
7 3341.0309 36" RCP, Class III 33 41 10 LF 74 $105.00 $7,770.00
8 3349.4105 24" SET, 1 pipe 33 49 40 LF 1 $3,000.00 $3,000.00
9 3349.4109 36" SET, 1 pipe 33 49 40 EA 1 $4,000.00 $4,000.00
10 3137.0104 12" Medium Stone Riprap, dry 31 37 00 SY 66 $95.00 $6,270.00
11 9999.0001 Remove Plug & Connect to Exist 24" RCP Stub-Out 00 00 00 EA 1 $1,500.00 $1,500.00
12 9999.0002 Remove 24" Headwall & Connect to Exist 24" RCP 00 00 00 EA 1 $1,500.00 $1,500.00
13 0241.0800 Remove Rip Rap 02 41 13 SY 11 $15.00 $165.00
14 3305.0109 Trench Safety 00 05 10 LF 1,431 $1.00 $1,431.00
TOTAL UNIT III: DRAINAGE IMPROVEMENTS $177,636.00
UNIT III: DRAINAGE IMPROVEMENTS
UNIT II: SANITARY SEWER IMPROVEMENTS
Bid ValueSpecification Section No.Unit of
Measure
Bidlist Item
No.
Project Item Information
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
Bidder's Proposal
Unit PriceDescription
Bidder's Application
Bid
Quantity
UNIT PRICE BID
UNIT I: WATER IMPROVEMENTS
TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $438,574.50
$335,400.00TOTAL UNIT I: WATER IMPROVEMENTS
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version September 1, 2015 00 42 43_Bid Proposal_DAP PHASE 4.xls
004243
DAP•BIDPROPOSAL
Page 2 of2
UNIT PRICE BID
B;d
UNIT II: SANITARY SEWER IMPROVEMENTS
UNIT III: DRAINAGE IMPROVEMENTS
UNff N: PAVING IMPROVEMENTS
UNIT V: STREET LIGHTING IMPROVEMENTS
BIDDER:
Conatser Construction Ta, LP
5327 Wichita Steet
Fort Worth,1'X 7fi119
Contractor agrees [o complete WORK tor FINAL ACCEPTANCE within !�/ � working days aiter the dah when the
CONTRACT commenca to run as provided in the Ceneral Conditions. �
SECTION 00 42 43
Developer Awarded Projeds - PROPOSAL FORM
Bidder's Application
$177
$1
Totel Construction
BY: Brock gins
TITLE: Presiden[
DATE:
END OF SECTION
CITY OF FORT WORTH
AWARDED PRp1ECTS
W4243 BidProposal_DAPPF3ASE4.xla
Fwm Venion Seplem6er I, 2015
0o as � z
DAP PREQUALIFICATION SfATEMENT
Page 1 of 1
SECTION 00 4512
DAP — PREQUALIFICATION STATEMENT
Each Bidder is required to complete the information below by identifying the prequalif'ied contractars
and/or subcontractors whom they intend to utilize for the major work type(s) listed. Inthe "Maior Work
Tyne" box_�rovide the com�lete maj or work type and actual description as provided by the Water
Department for water and sewer and TPW for pavin�.
Major Work Type Contractor/Subcontractor Company Name Prequalification
Ex iration Date
Water New Development Conatser Construction Tx, LP
14/31/2!
Wastewater New Development Conatser Construction Tx, LP
10/31/21
Storm Drain New Development Conatser Construction Tx, LP
I � 3�23
Concrete Pavement Construction Conatser Construction Tx, LP
r/3/�3
Street Lights Conatser Construction Tx, LP � f�/�Z
The undersigned hereby certifies that the contractors and/or subcontractors described in the table above
are currently prequalified for the work types listed.
BIDDER:
Conatser Construction Tx, LP
5327 Wichita Street
Fort Worth, TX 76119
BY: Brock Huggins
c
( � ature)
TITLE: President
DATE:
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRURI ON PREQUALJFICATION STATEMENT — DEVELOPER AWARDED PROJ EGTS 00 45 12_Prequalifiotion Statement 2015_DAP.doa
Form Version September 1, 2015
00 45 26 -1
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page 1 of 1
1 SECTTON 00 45 26
2 CONTR.ACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it
5 provides worker's compensation insurance coverage for all of its employees employed on City
6 Project No. 102595 Contractor further certifies that, pursuant to Texas Labor Code, Section
7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with
8 worker's compensation coverage.
10 CONTRACTOR:
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
Conatser Construction Tx, LP By: Brock Hu��i ns
Company (Please Print)
5327 Wichita Street Signature: �� `
Address
Fort Worth. TX 76119 Title: President
City/State/Zip (Please Print)
THE STATE OF TEXAS
COUNTY OF TARRANT
BE�RE ME, the undersigned authority, on this day personally appeared
��� ,� � , known to me to be the person whose name is
subscribed to the fo oing instrument, and acknowledged to me that he/she executed the same as
the act and deed of "[]1('r 5 � for the purposes and
consideration therein expre. sed and in the capacity therein stated.
GIVEN iTNDER MY HAND AND SEAL OF OFFICE this �� day of
�t Y� ru.a �u , 202�
t
�.�r����.•. �P��zF'aG
=�'"�' p"�':; ,, `'' -." "` r� �� Notary Public in an f t ate of Texas
.., F . , �i, - ,
END OF SECTION
CIT'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised Apri12, 2014
Northpointe, Phase4
102595
00 52 43 - 1
Developer Awarded Project Agreement
Page 1 of 4
CITY OF FORT WORTH Northpointe, Phase 4
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102595
Revised June 16, 2016
SECTION 00 52 43 1
AGREEMENT 2
3
THIS AGREEMENT, authorized on ____________is made by and between the Developer, 4
Lennar Homes of Texas Land & Construction, Ltd., authorized to do business in Texas 5
(“Developer”), and Conatser Construction Tx, LP, authorized to do business in Texas, acting by 6
and through its duly authorized representative, (“Contractor ”). 7
Developer and Contractor, in consideration of the mutual covenants herein af ter set forth, agree as 8
follows: 9
Article 1. WORK 10
Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11
Project identified herein. 12
Article 2. PROJECT 13
The project for which the Work under the Contract Documents may be the whole or only a part is 14
generally described as follows: 15
Northpointe, Phase 4__ ________________________________________________________ 16
City Project #102595 ____________ ____________________________________ 17
Article 3. CONTRACT TIME 18
3.1 Time is of the essence. 19
All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20
Documents are of the essence to this Contract. Total working days for this contract are 1 6 0 21
days. 22
3.2 Final Acceptance. 23
The Work will be complete for Final Acceptance within 140 working days the date when 24
the Contract Time commences to run as provided in Paragraph 12.04 of the Standard City 25
Conditions of the Construction Contract for Developer Awarded Projects. 26
3.3 Liquidated damages 27
Contractor recognizes that time is of the essence of this Agreement and that Developer 28
will suffer financial loss if the Work is not completed within the times specified in 29
Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 1 0 of 30
the Standard City Conditions of the Construction Contract for Developer Awarded 31
Projects. The Contractor also recognizes the delays, expense and difficulties involved in 32
proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 33
completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 34
that as liquidated damages for delay (but not as a penalty), Contractor shall pay 35
Developer Dollars ($500.00) for each day that expires after the time specified in 36
Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. 37
2/01/2021
00 52 43 - 2
Developer Awarded Project Agreement
Page 2 of 4
CITY OF FORT WORTH Northpointe, Phase 4
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102595
Revised June 16, 2016
Article 4. CONTRACT PRICE 38
Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 39
Documents an amount in current funds of two million, one hundr ed nineteen, thirty-one 20/100 40
Dollars ($1,663,753.50). 41
Article 5. CONTRACT DOCUMENTS 42
5.1 CONTENTS: 43
A. The Contract Documents which comprise the entire agreement between Developer and 44
Contractor concerning the Work consist of the following : 45
1. This Agreement. 46
2. Attachments to this Agreement: 47
a. Bid Form (As provided by Developer ) 48
1) Proposal Form (DAP Version) 49
2) Prequalification Statement 50
3) State and Federal documents (project specific) 51
b. Insurance ACORD Form(s) 52
c. Payment Bond (DAP Version) 53
d. Performance Bond (DAP Version) 54
e. Maintenance Bond (DAP Ver sion) 55
f. Power of Attorney for the Bonds 56
g. Worker’s Compensation Affidavit 57
h. MBE and/or SBE Commitment Form (If required) 58
3. Standard City General Conditions of the Construction Contract for Developer 59
Awarded Projects. 60
4. Supplementary Conditions. 61
5. Specifications specifically made a part of the Contract Documents by attachment 62
or, if not attached, as incorporated by reference and described in the Table of 63
Contents of the Project’s Contract Documents. 64
6. Drawings. 65
7. Addenda. 66
8. Documentation submitted by Contractor prior to Notice of Award. 67
9. The following which may be deli vered or issued after the Effective Date of the 68
Agreement and, if issued, become an incorporated part of the Contract Documents: 69
a. Notice to Proceed. 70
b. Field Orders. 71
c. Change Orders. 72
d. Letter of Final Acceptance. 73
74
75
00 52 43 - 3
Developer Awarded Project Agreement
Page 3 of 4
CITY OF FORT WORTH Northpointe, Phase 4
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102595
Revised June 16, 2016
Article 6. INDEMNIFICATION 76
6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77
expense, the city, its officers, servants and employees, from and against any and all 78
claims arising out of, or alleged to arise out of, the work and services to be performed 79
by the contractor, i ts officers, agents, employees, subcontractors, licenses or invitees 80
under this contract. This indemnification provision is specifically intended to operate 81
and be effective even if it is alleged or proven that all or some of the damages being 82
sought were caused, in whole or in part, by any act, omission or negligence of the city . 83
This indemnity provision is intended to include, without limitation, indemnity for 84
costs, expenses and legal fees incurred by th e city in defending against such claims and 85
causes of actions. 86
87
6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88
the city, its officers, servants and employees, from and against any an d all loss, damage 89
or destruction of property of the city, arising out of, or alleged to arise out of, the work 90
and services to be performed by the contractor, its officers, agents, employees, 91
subcontractors, licensees or invitees under this contract. This indemnification 92
provision is specifically intended to operate and be effective ev en if it is alleged or 93
proven that all or some of the damages being sought were caused, in whole or in part, 94
by any act, omission or negligence of the city. 95
96
Article 7. MISCELLANEOUS 97
7.1 Terms. 98
Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 99
the Construction Contract for Developer Awarded Projects. 100
7.2 Assignment of Contract. 101
This Agreement, including all of the Contract Documents may not be assigned by the 102
Contractor without the advanced express written consent of the Developer . 103
7.3 Successors and Assigns. 104
Developer and Contractor each binds itself, its partners, successors, assigns and legal 105
representatives to the other party hereto, in respect to all covenants, agr eements and 106
obligations contained in the Contract Documents. 107
7.4 Severability. 108
Any provision or part of the Contract Documents held to be unconstitutional, void or 109
unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110
remaining provisions shall continue to be valid and bindin g upon DEVELOPER and 111
CONTRACTOR. 112
7.5 Governing Law and Venue. 113
This Agreement, including all of the Contract Documents is performable in the State of 114
Texas. Venue shall be Tarrant County, Texas, or the Unit ed States District Court for the 115
Northern District of Texas, Fort Worth Division. 116
2/01/2021
00 61 25 - 1
CERTIFICATE OF INSURANCE
Page 1 of 1
CITY OF FORT WORTH Northpointe, Phase 3
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102595
Revised July 1, 2011
SECTION 00 61 25 1
CERTIFICATE OF INSURANCE 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
END OF SECTION 23
00 62 13 - 1
PERFORMANCE BOND
Page 1 of 2
CITY OF FORT WORTH Northpointe, Phase 4
S TANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS 102595
Revised January 31, 2012
SECTION 00 62 13 1
PERFORMANCE BOND 2
3
THE STATE OF TEXAS § 4
§ KNOW ALL BY THESE PRESENTS: 5
COUNTY OF TARRANT § 6
That we, Conatser Construction Tx, LP________________________, known as 7
“Principal” herein and ____Berkley I nsur ance Company______________________, a corporate 8
surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as 9
“Surety” herein (whether one or more), are held and firmly bound unto the Developer, Lennar 10
Homes of Texas Land and Construction, LTD., authorized to do business in Texas (“Developer”) 11
and the City of Fort Worth, a Texas municipal corporation (“City”), in the penal sum of one 12
million, six hundred sixty-three t housand, seven hundred fifty-three 50/100 Dollars 13
($1,663,753.50), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 14
Texas for the payment of which sum well and truly to be made jointly unto the Developer and the 15
City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and 16
assigns, jointly and severally, firmly by these presents. 17
WHEREAS, Developer and City have entered into an Agreement for the construction of 18
community facilities in the City of Fort Worth by and through a Community Facilities 19
Agreement, CFA Number 20-0145; and 20
WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 21
the _____ day of ________________, 20___, which Contract is hereby referred to and made a 22
part hereof for all purposes as if fully set forth herein, to fur nish all materials, equipment labor 23
and other accessories defined by law, in the prosecution of the Work, including any Change 24
Orders, as provided for in said Contract designated as Northpointe, Phase 4. 25
NOW, THEREFORE, the condition of this obligation i s such that if the said Principal 26
shall faithfully perform it obligations under the Contract and shall in all respects duly and 27
faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 28
specifications, and contract documents therein referred to, and as well during any period of 29
extension of the Contract that may be granted on the part of the Developer and/or City, then this 30
obligation shall be and become null and void, otherwise to remain in full force and effect. 31
1st February 21
1st
February 2121
00 62 14 - 1
PAYMENT BOND
Page 1 of 2
CITY OF FOR T WORTH Northpointe, Phase 4
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS 102595
Revised January 31, 2012
SECTION 00 62 14 1
PAYMENT BOND 2
3
THE STATE OF TEXAS § 4
§ KNOW ALL BY THESE PRESENTS: 5
COUNTY OF TARRANT § 6
That we, Conatser Construction Tx, LP ________________________, known as 7
“Principal” herein, and ____Berkley Insurance Company______________________,, a corporate 8
surety ( or sureties if more than one), duly authorized to do business in the State of Texas, known 9
as “Surety” herein (whether one or more), are held and firmly bound unto the Developer, Lennar 10
Homes of Texas Land and Construction, LTD., authorized to do business in Texas “(Developer”), 11
and the City of Fort Worth, a Texas municipal corporation (“City”), in the penal sum of one 12
million, six hundred sixty-three thousand, seven hundred fifty-three 50/100 Dollars 13
($1,663,753.50), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 14
Texas, for the payment of which sum well and truly be made jointly unto the Developer and the 15
City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and 16
assigns, jointly and severally, firmly by these presents: 17
WHEREAS, Developer and City have entered into an Agreement for the construction of 18
community facilities in the City of Fort Worth, by and through a Community Faci lities 19
Agreement, CFA Number 20-0145; and 20
WHEREAS, Principal has entered into a certain written Contract with Developer , 21
awarded the ________day of ______________________, 20_____, which Contract is hereby 22
referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 23
materials, equipment, labor and other accessories as defined by law, in the prosecution of the 24
Work as provided for in said Contract and designated as Northpointe, Phase 4. 25
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 26
Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 27
Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work und er 28
the Contract, then this obligation shall be and become null and void; otherwise to remain in full 29
force and effect. 30
February1st 21
1stFebruary2121
00 62 19 - 1
MAINTENANCE BOND
Page 1 of 3
CITY OF FORT WORTH Northpointe, Phase 4
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS 102595
Revised January 31, 2012
SECTION 00 62 19 1
MAINTENANCE BOND 2
3
THE STATE OF TEXAS § 4
§ KNOW ALL BY THESE PRESENTS: 5
COUNTY OF TARRANT § 6
That we, Conatser Construction Tx, LP________________________, known as 7
“Principal” herein and ____Berkley I nsur ance Company__________________, a corporate 8
surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as 9
“Surety” herein (whether one or more), are held and firmly bound unto the Developer, Lennar 10
Homes of Texas Land and Construction, LTD., authorized to do business in Texas (“Developer”) 11
and the City of Fort Worth, a Texas municipal corporation (“City”), in the sum of one million, 12
six hundred sixty-three thousand, seven hundred fifty-three 50/100 Dollars ($1,663,753.50), 13
lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment 14
of which sum well and truly be made jointly unto the Developer and the City as dual obligees and 15
their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 16
jointly and severally, firmly by these presents. 17
18
WHEREAS, Developer and City have entered into an Agreement for the construction of 19
community facilities in the City of Fort Worth by and through a Community Facilities 20
Agreement, CFA Number 20-0145; and 21
WHEREAS, the Principal has entered into a certain written contract with the Developer 22
awarded the_____ day of , 20 , which Contract is 23
hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 24
materials, equipment labor and other accessories as defined by law, in the prosecution of the 25
Work, including any Work resulting from a duly authorized Change Order (collectively herein, 26
the “Work”) as provided for in said Contract and designated as Northpointe, Phase 4; and 27
28
WHEREAS, Principal binds itself to use such materials and to so construct the Work in 29
accordance with the plans, specifications and Contract Documents that t he Work is and will 30
remain f ree from defects in materials or workmanshi p for and during the period of two (2) years 31
after the date of Final Acceptance of the Work by the City (“Maintenance Period”); and 32
33
February1st 21
00 62 19 - 2
MAINTENANCE BOND
Page 2 of 3
CITY OF FORT WORTH Northpointe, Phase 4
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS 102595
Revised January 31, 2012
WHEREAS, Principal binds itself to repair or reconst ruct the Work in whole or in part 1
upon receiving notice from the Developer and/or City of the need thereof at any time within the 2
Maintenance Period. 3
4
NOW THEREFORE, the condition of this obligation is such that if Principal shall 5
remedy any defective Work, f or which timely notice was provided by Developer or City, to a 6
completion satisfactory to the City, then this obligation shall become null and void; otherwise to 7
remain in full force and effect. 8
9
PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 10
noticed defective Work, it is agreed that the Developer or City may cause any and all such 11
defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 12
by the Principal and the Surety under this Maintenance Bond; and 13
14
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 15
Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 16
Worth Division; and 17
18
PROVIDED FURTHER, that this obligation shall be continuous in nature and 19
successive recoveries may be had hereon for successive breaches. 20
21
22
23
February1st
21
POWER OF ATTORNEY
BERKLEY INSIJRANCE COMPANY
WILMINGTON, DELAWARE
No. BI-7280j-el
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that BERI�I,EY INSLIRANCE COMPANY (the "Company"), a corporation duly
organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted
and appointed, and does by these presents make, constitute and appoint: Ricardo J. Reyna; Don E. Corrcell; ,S'ophinie Hunter;
Robbi Morales; Kelly A. YVestbrook; Tina McEwan; .Tos/iva A. Saunders; or Tonie Petranek of Aon Risk Services Southwest,
Inc. of Dallas, TX its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal,
acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that
no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds
had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own
proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010:
RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief
Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant
Secretary are hereby authorized to execute powers of attorney autharizing and qualifying the attorney-in-fact named therein
to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the
corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such
attorney-in-fact and revoke any power of attorney previously granted; and further
RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances,
or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
manner and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further
RESOLVED, that the signature of any autharized officer and the seal of the Company may be affixed by facsimile to any
power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or
other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as
though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued.
IN WT.'I'NESS V��REOF, the Company has caused these presents to.be sie,ped and attested by its appropriate aff'icers and its
corpozate seathereunto affixedthis 19thday of �anuary _"�zoz1
-r�-`� Attest Berkl�� Insurance �ompany
/+ ar,URAfyCE
c �� �,nana,y�r ,°g , �� � -� By ; . . '
m5`Z{v'1L i z; L�'. L e derman Je h_' after •,
�s,� .
��Awp�, Executive Vice President & Secretary Se i��• c��'xesident '
STATE OF CO?v1�ECTICUT )
COT,T.I�TY �F �'AIRI'�ELD
ss:
Swom to be%re me, a Notary Public in the State of Connecticut, tb.is 19th day of . January ,_ 2021 __. , by ira S. Lederman
and 7effrey M. Hafter who are swom 'to me to be the Exeautive Vice Prasidenf.� Secretary, and t� Senior Vice President,
res ective] of Berkle Ins�ance Co 3ff . MARiA C RUfJl7flAKEl�j -
� Y� y � � i�lGTARY PiJBt fC I
CONNEC7ICUT ��% �� . T �.t,��
MV CO�MI��02�4PIF�9 _ at� ��lic, State af Connecticut
CERT�'ICATE
I, the undersi�.aed, Assistant �ecretary of BEkKLEY INSURAIvTCE COMPANY, DO HEREBY CERTTFX that the foregoin� is a
true, correct and complete copy of tbe nriginal Pawer of Attomey, tha# said Pawer of Attomey has not beea reuoked or rescinc�ed
anr�.�ra�tt=c �uthcsrity of the Ai�omey-in Fact set farth therein, who axecuted the band or emder#akin� to which this �'ower af
/ . uRAN ;
��,��:�,�-� €: r'=.s�:hed, is infull force and effect as ofthis date.
/! �,��p�����ti•��der my hand and seal of tbe Campany, this day of
� � �lyr�L, z _
� 1975 : � �
�`.,,�inw�� Vincent P. Forte — — —
- ----�
1MPORTANT NOTfCE
To obtain information or make a compiaint:
You may caf! Berkley Surety Group, LLC and its affiliates by
telephone for information or fo make a complain�:
B�RKI.EY SURETY GROUP, LLC
Please send all nofices of claim on �his bond to:
Berkfey Surety Group, LLG
�866) 768-3534
412 Mount Kemb{e Avenue, Suite 3'[ON
Morristown, NJ 07960
Attn: Surety Claims Departmenf
You may coniact the Texas Department of Insurance to obtain
information on companies, coverages, rights or compfaints at:
1-800-252-3439
You may wr�te the Texas Department of lnsurance:
P. O. Box 149104
Ausfin, TX 787'�4-9104
Fax: (512) 475-1771
Web: htf ://www.�di.state.tx.us
E-mail: ConsumerProtection[c�fdi.state.tx.us
PREMIUfV( OR CLAIM DlSPUTES:
Should you have a dispute concerning your premium or about a claim
you should contacf your agent or Berkley Surety Group, LLC first. lf
the dispute is not resolved, you may contacf the Texas Depar-tment of
insurance.
ATTACH TH1S NOT{CE TO YOUR BOND:
This notice is for information only and does not becorne a part or
condifion of the attached document and is given to comply with Texas
legal and regulatory requiremenfs.
CITY OF FORT WORTH
STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS
Revision: March 9, 2020
STANDARD GENERAL CONDITIONS
OF TH E CONSTRUCTION CONTRACT
CITY OF FORT WORTH
STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS
Revision: March 9, 2020
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1 – Definition s and Terminology .......................................................................................................... 1
1.0 1 Defined Terms............................................................................................................................... 1
1.0 2 Terminology .................................................................................................................................. 6
Article 2 – Preliminary Matters ......................................................................................................................... 7
2.0 1 Copies o f Documents .................................................................................................................... 7
2.0 2 Co mmencement o f Contract Time ; Notice to Proceed ................................................................ 7
2.0 3 Startin g th e Work .......................................................................................................................... 8
2.0 4 Before Startin g Construction ........................................................................................................ 8
2.0 5 Preconstructio n Conference .......................................................................................................... 8
2.0 6 Public Meeting .............................................................................................................................. 8
2.0 7 Initia l Acceptanc e o f Schedules.................................................................................................... 8
Article 3 – Contrac t Documents: Intent, Amending, Reuse ............................................................................ 8
3.0 1 Inten t.............................................................................................................................................. 8
3.0 2 Reference Standard s...................................................................................................................... 9
3.0 3 Reportin g and Resolvin g Discrepancies....................................................................................... 9
3.0 4 Am endin g and Supplementing Contract Documents................................................................. 10
3.0 5 Reuse of Documents ................................................................................................................... 10
3.0 6 Electronic Data ............................................................................................................................ 1 1
Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environ mental
Conditions; Reference Points........................................................................................................... 11
4.0 1 Availability o f Lands .................................................................................................................. 1 1
4.0 2 Subsurfac e an d Physical Conditions .......................................................................................... 12
4.0 3 Differing Subsurface or Physica l Conditions ............................................................................. 12
4.0 4 Underground Facilitie s ............................................................................................................... 1 3
4.0 5 Reference Points ......................................................................................................................... 1 4
4.0 6 Hazardous Environmental Condition at Site .............................................................................. 14
Article 5 – Bond s and Insuranc e ..................................................................................................................... 1 6
5.0 1 License d Sureties and Insurers ................................................................................................... 16
5.0 2 Performance, Payment, and Maintenance Bonds....................................................................... 16
5.0 3 Certificate s of Insurance ............................................................................................................. 1 6
5.0 4 Contractor’s Insurance ................................................................................................................ 18
5.0 5 Acceptance o f Bonds and Insurance; Optio n to Replace ........................................................... 19
Article 6 – Contractor’s Responsibilities ........................................................................................................ 19
6.0 1 Supervisio n and Superintendence............................................................................................... 19
CITY OF FORT WORTH
STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS
Revision: March 9, 2020
6.0 2 Labor; Working Hours ................................................................................................................ 20
6.0 3 Services, Materials, and Equip ment ........................................................................................... 20
6.0 4 Project Schedule .......................................................................................................................... 21
6.0 5 Substitutes and “Or-Equals” ....................................................................................................... 21
6.0 6 Concerning Subcontractors, Suppliers, and Others.................................................................... 24
6.0 7 Wage Rates.................................................................................................................................. 25
6.0 8 Paten t Fees and Royalties ........................................................................................................... 26
6.0 9 Perm its and Utilities .................................................................................................................... 27
6.1 0 Laws and Regulations ................................................................................................................. 27
6.1 1 Taxes ........................................................................................................................................... 28
6.1 2 Use o f Site and Other Areas ....................................................................................................... 28
6.1 3 Record Documents ...................................................................................................................... 29
6.1 4 Safety and Protection .................................................................................................................. 29
6.1 5 Safety Representative.................................................................................................................. 30
6.1 6 Hazard Co mmunicatio n Programs ............................................................................................. 30
6.1 7 Emergencies and/or Rectification............................................................................................... 30
6.1 8 Sub mittals .................................................................................................................................... 31
6.1 9 Continuin g th e Work ................................................................................................................... 32
6.2 0 Contractor’s General Warranty and Guarantee .......................................................................... 32
6.2 1 Indemnificatio n ......................................................................................................................... 33
6.2 2 Delegatio n o f Professional Design Services .............................................................................. 34
6.2 3 Righ t to Audit.............................................................................................................................. 34
6.2 4 Nondiscriminatio n....................................................................................................................... 35
Article 7 – Othe r Work at th e Site ................................................................................................................... 35
7.0 1 Related Work at Site ................................................................................................................... 35
7.0 2 Coordination ................................................................................................................................ 36
Article 8 – City’s Responsibilities................................................................................................................... 36
8.0 1 Co mmunication s to Contractor ................................................................................................... 36
8.0 2 Furnish Data ................................................................................................................................ 36
8.0 3 Pa y When Due ............................................................................................................................ 36
8.0 4 Land s and Easements; Reports and Tests................................................................................... 36
8.0 5 Change Orders............................................................................................................................. 36
8.0 6 Inspections, Tests, and Approvals .............................................................................................. 36
8.0 7 Limitations o n City ’s Responsibilities ....................................................................................... 37
8.0 8 Undisclosed Hazardou s Environmental Condition .................................................................... 37
8.0 9 Co mplianc e with Safety Program............................................................................................... 37
Article 9 – City’s Observation Status During Constructio n ........................................................................... 37
9.0 1 City’s Project Manager ……...................................................................................................... 37
9.0 2 Visits to Site ................................................................................................................................ 37
9.0 3 Authorize d Variations in Work .................................................................................................. 38
9.0 4 Rejectin g Defectiv e Work .......................................................................................................... 38
9.0 5 Determinations for Work Performe d .......................................................................................... 38
9.0 6 Decision s o n Require ments of Contrac t Documents and Acceptability o f Work ..................... 38
CITY OF FORT WORTH
STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS
Revision: March 9, 2020
Article 1 0 – Changes in th e Work; Claims; Extra Work ................................................................................ 38
10.0 1 Authorize d Changes in th e Work ............................................................................................... 38
10.0 2 Unauthorize d Change s in th e Work ........................................................................................... 39
10.0 3 Execution o f Change Orders....................................................................................................... 39
10.0 4 Extra Work .................................................................................................................................. 39
10.0 5 Notificatio n to Surety .................................................................................................................. 39
10.0 6 Contract Claims Process ............................................................................................................. 40
Article 1 1 – Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measure men t...................... 41
11.0 1 Cost o f th e Wor k ......................................................................................................................... 41
11.0 2 Allowance s .................................................................................................................................. 43
11.0 3 Unit Pric e Work .......................................................................................................................... 44
11.0 4 Plan s Quantity Measuremen t ...................................................................................................... 45
Article 1 2 – Change o f Contract Price; Change of Contract Time................................................................. 46
12.0 1 Change o f Contract Price ............................................................................................................ 46
12.0 2 Change o f Contract Time............................................................................................................ 47
12.0 3 Delay s .......................................................................................................................................... 47
Article 1 3 – Tests and Inspections; Correction, Removal or Acceptance o f Defectiv e Wor k ...................... 48
13.0 1 Notice o f Defects ........................................................................................................................ 48
13.0 2 Access to Work ........................................................................................................................... 48
13.0 3 Tests and Inspection s .................................................................................................................. 48
13.0 4 Uncovering Work........................................................................................................................ 49
13.0 5 City Ma y Stop th e Work ............................................................................................................. 49
13.0 6 Correctio n o r Re mova l of Defectiv e Work ................................................................................ 50
13.0 7 Correctio n Perio d ........................................................................................................................ 50
13.0 8 Acceptance o f Defectiv e Work ................................................................................................... 51
13.0 9 City Ma y Correc t Defective Wor k ............................................................................................. 51
Article 1 4 – Pay ments to Contractor and Co mpletio n .................................................................................... 52
14.0 1 Schedule o f Values...................................................................................................................... 52
14.0 2 Progress Pay ments ...................................................................................................................... 52
14.0 3 Contractor’s Warranty o f Title ................................................................................................... 54
14.0 4 Partial Utilizatio n ........................................................................................................................ 55
14.0 5 Fina l Inspectio n ........................................................................................................................... 55
14.0 6 Fina l Acceptance......................................................................................................................... 55
14.0 7 Fina l Pay ment.............................................................................................................................. 56
14.0 8 Fina l Co mpletion Delayed and Partial Retainage Release ........................................................ 56
14.0 9 Waiver of Claim s ........................................................................................................................ 57
Article 1 5 – Suspension o f Wor k and Term ination ........................................................................................ 57
15.0 1 City Ma y Suspend Work............................................................................................................. 57
15.0 2 City Ma y Terminate for Cause ................................................................................................... 58
15.03 City Ma y Terminate Fo r Convenience ....................................................................................... 60
Article 1 6 – Dispute Resolution ...................................................................................................................... 61
16.0 1 Method s and Procedures ............................................................................................................. 61
CITY OF FORT WORTH
STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS
Revision: March 9, 2020
Article 1 7 – Miscellaneous .............................................................................................................................. 62
17.0 1 Givin g Notice .............................................................................................................................. 62
17.0 2 Co m putatio n o f Times ................................................................................................................ 62
17.0 3 Cu m ulative Remedies ................................................................................................................. 62
17.0 4 Surviva l o f Obligations ............................................................................................................... 63
17.0 5 Headings ...................................................................................................................................... 63
CITY OF FORT WORTH
STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS
Revision: March 9, 2020
00 72 00 - 1
GENERAL COND ITION S
Page 1 of 63
ARTICLE 1 – DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Whereve r used in these General Condition s o r in other Contract Documents, th e terms listed below
hav e th e meanings indicated whic h are app licable to both th e singula r and plural thereof, and
word s denoting gende r shall includ e th e masculine , feminin e and neuter. Said terms are generally
capitalized o r written in italics, but not always. When used in a contex t consistent with th e
definitio n o f a listed -define d term, th e term shall have a m eanin g as define d below whether
capitalized o r italicize d o r otherwise . In additio n to terms specif ically defined, terms with initial
capita l letters in th e Contrac t Docu ments include reference s to identifie d article s and paragraphs,
and th e titles o f other documents o r forms.
1 . Addenda —Written or graphic instruments issued prio r to th e openin g of Bid s which clarify,
correct, o r change the Biddin g Requirements o r th e propose d Contract Documents.
2 . Agreement—Th e written instrumen t which is evidence o f th e agree m ent between City and
Contracto r coverin g th e Work.
3 . Applicatio n fo r Payment—Th e form acceptable to City which is to be used by Contractor
durin g th e course of th e Work in requesting progress o r final pay m ents and whic h is to be
accompanied by such supportin g documentatio n as is required by th e Contract Documents.
4 . Asbestos—Any material tha t contain s more than one percen t asbesto s and is friable o r is
releasin g asbestos fibers into th e air above current actio n levels established b y th e United States
Occupational Safety and Health Administration.
5 . Award – Authorization b y th e City Council for the City to enter into an Agreement.
6 . Bid —Th e offer o r proposal o f a Bidde r sub mitted o n th e prescribed form settin g forth the
price s for th e Work to be performed.
7 . Bidder—Th e individua l o r entity who sub mits a Bid directly to City.
8 . Biddin g Documents—Th e Bidding Requirements and th e proposed Contract Docu ments
(includin g all Addenda).
9 . Biddin g Requirements—The advertise ment or Invitatio n to Bid , Instruction s to Bidders, Bid
security of acceptable form, if any, and the Bid Form with any supplements.
10. Business Day – A business day is define d as a day tha t th e City conducts normal business,
generally Monday through Friday , except for federal o r state holidays observed by th e City.
1 1 . Calenda r Day – A day consisting o f 24 hours measured fro m midnigh t to th e next midnight.
CITY OF FORT WORTH
STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS
Revision: March 9, 2020
00 72 00 - 1
GENERAL COND ITION S
Page 2 of 63
1 2 . Chang e Order—A document, which is prepare d and approve d b y th e City , whic h is signed
b y Contracto r and City and authorizes a n addition, deletion , o r revisio n in th e Work o r an
adjustment in th e Contract Pric e o r th e Contract Time , issued o n or after th e Effectiv e Date
o f th e Agree ment.
1 3 . City — Th e City o f Fort Worth , Texas, a home-ru le municipal corporation , authorized and
chartere d under th e Texas State Statutes, acting by its governin g body through its City
Manager, his designee , o r agents authorize d under his behalf, each o f whic h is required by
Charter to perform specific duties with respon sibility for final enforce ment o f th e contracts
involvin g th e City of Fort Worth is by Charter veste d in th e City Manager and is th e entity
with whom Contracto r has entere d into th e Agreem ent and f o r who m th e Work is to be
performed.
1 4 . City Attorney – Th e officially appointed City Attorney o f th e City o f Fort Worth , Texas, or
his duly authorized representative.
1 5 . City Council - Th e duly electe d and qualified governing body o f th e City of Fort Worth,
Texas.
1 6 . City Manage r – Th e officially appointed and authorized City Manage r of th e City of Fort
Worth , Texas, or his duly authorized representative.
1 7 . Contract Claim—A dem and or assertion by City o r Con tracto r seekin g an adjustment of
Contrac t Pric e or Contract Time, o r both , o r other relief with respec t to th e terms of the
Contract. A demand fo r mone y o r service s by a third party is not a Contract Claim.
1 8 . Contract—Th e entire and integrate d written docum ent betwee n th e City and Contractor
concerning th e Work. Th e Contract contains th e Agree m ent and all Contrac t Documents and
supersede s prior negotiations, representations, or agreements, whethe r written or oral.
19. Contract Documents—Those ite ms so designate d in th e Agree ment. All ite ms liste d in the
Agree ment are Contract Docu ments. Approved Sub mittals, other Contracto r sub mittals, and
th e reports and drawings o f subsurface and physical conditions are not Contract Docu ments.
2 0 . Contract Price—Th e money s payable b y City to Contracto r for com pletion o f th e Work in
accordance with th e Contract Documents a s state d in th e Agreemen t (subject to the provisions
o f Paragrap h 11.0 3 in th e case of Unit Pric e Work).
2 1 . Contract Time—Th e num be r o f day s o r th e dates stated in th e Agreement to : (i) achieve
Milestones, if any and (ii) complete th e Wor k so that it is read y for Fina l Acceptance.
2 2 . Contractor—Th e individual or entity with whom City has entered into th e Agreement.
2 3 . Cost of th e Work—Se e Paragraph 11.01 o f these General Conditions fo r definition.
CITY OF FORT WORTH
STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS
Revision: March 9, 2020
00 72 00 - 1
GENERAL COND ITION S
Page 3 of 63
2 4 . Damag e Claims – A demand for money or service s arising from th e Project o r Site from a
third party , City o r Contractor exclusiv e o f a Contract Claim.
2 5 . Da y o r day – A day , unless otherwise defined, shall mean a Calendar Day.
2 6 . Directo r o f Aviatio n – Th e officially appointe d Directo r o f th e Aviatio n Department o f the
City o f Fort Worth , Texas, o r his duly appointe d representative , assistant, or agents.
2 7 . Directo r o f Parks and Community Services – Th e officially appointe d Directo r of th e Parks
and Co mmunity Service s Departmen t o f th e City o f Fort Worth, Texas, o r his duly appointed
representative, assistant, or agents.
2 8 . Directo r o f Plannin g and Developmen t – Th e officially appointe d Director o f th e Planning
and Develop ment Departm ent o f th e City of Fort Worth , Texas, o r his duly appointed
representative, assistant, or agents.
29. Directo r of Transportation Public Work s – Th e officially appointed Director of the
Transportation Public Work s Department o f th e City o f Fort Worth , Texas, o r his duly
appointed representative , assistant, or agents.
3 0 . Directo r o f Water Departmen t – Th e officially appointe d Directo r of th e Wate r Department
o f th e City o f Fort Worth , Texas, or his duly appointed representative, assistant, o r agents.
3 1 . Drawings—That part o f th e Contrac t Docu ments prepared o r approved b y Engineer which
graphically shows the scope, extent, and ch aracte r o f the Work to be performed by Contractor.
Sub mittals are not Drawings as so defined.
3 2 . Effectiv e Date o f th e Agreement—The date indicated in th e Agree m ent o n whic h it becomes
effective, but if n o such date is indicated, it means th e date o n which th e Agreement is signed
and delivered by th e last of th e two parties to sign and deliver.
3 3 . Engineer—The licensed professional engineer o r engin eering firm registered in th e State of
Texa s performing professional services for th e City.
3 4 . Extra Work – Additiona l work made necessary b y change s o r alteration s o f th e Contract
Docu ments o r of quantitie s o r f or other rea sons f or which n o prices are provided in the Contract
Docu ments. Extra work shall b e part of th e Work.
3 5 . Field Order — A writte n order issued b y City whic h requires changes in th e Work but which
does not involve a change in th e Contract Price, Contract Time, o r th e inten t o f th e Engineer.
Field Orders are paid from Field Order Allowances incorporated into the Contract by funded
work type at the time of award.
3 6 . Fina l Acceptanc e – Th e written notice given b y th e City to th e Contracto r tha t th e Work
specifie d in th e Contract Documents has bee n completed to th e satisfaction of th e City.
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3 7 . Fina l Inspectio n – Inspection carried out b y th e City to verif y that th e Contracto r has
completed th e Work , and each and every part o r appurtenance thereof, fully , entirely , and in
conformance with the Contract Docu ments.
3 8 . Genera l Requirements—Sections o f Division 1 o f th e Contract Documents.
39. Hazardou s Environmenta l Condition —Th e presenc e at th e Site of Asbestos, PCBs,
Petroleu m, Hazardou s Waste, Radioactive Material, or other materials in such quantitie s or
circu mstances tha t may presen t a substantia l danger to person s o r property expose d thereto.
4 0 . Hazardou s Waste—Hazardous waste is defined as any solid waste listed a s hazardous or
possesses one o r more hazardous characteristics as define d in th e federal waste regulations,
a s amended fro m time to time.
4 1 . Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes,
and orders o f any and all govern mental bodies, agencies, authorities, and courts having
jurisdiction.
4 2 . Liens—Charges, security interests, o r encu mb rance s upon Projec t funds, real property, or
persona l property.
4 3 . Majo r Item – An Item o f work included in th e Contract Documents that has a total cost equal
to o r greater than 5 % o f th e original Contract Price or $25,000 whichever is less.
4 4 . Milestone —A principal event specified in th e Contract Documents relating to an intermediate
Contrac t Tim e prior to Final Acceptance o f th e Work.
4 5 . Notice o f Award —Th e written notic e by City to th e Successful Bidder statin g that upon
timely compliance b y th e Successfu l Bidde r with th e condition s precedent listed therein , City
will sign and deliver th e Agreement.
4 6 . Notice to Proceed —A written notice given by City to Contracto r fixing th e date on which the
Contrac t Tim e will commenc e to run and o n which Contractor shall start to perform the Work
specifie d in Contract Documents.
4 7 . PCBs—Polychlorinate d biphenyls.
4 8 . Petroleum—Petroleum, includin g crude oil o r any fraction thereo f which is liquid at standard
condition s o f te mperature and pressure (6 0 degrees Fahrenheit and 14.7 pounds per square
inc h absolute), such as oil, petroleu m, fuel oil, oil sludge, oil refuse, gasoline , kerosene, and
oil m ixed with other non-Hazardous Waste and crud e oils.
49. Plan s – Se e definition of Drawings.
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5 0 . Project Schedule —A schedule, prepare d and maintaine d by Contractor, in accordance with
th e General Requirements, describin g th e sequence and duration of th e activitie s comprising
th e Contractor’s pla n to accomplish th e Work within th e Contrac t Tim e.
5 1 . Project—Th e Work to b e performed under th e Contract Docu ments.
5 2 . Project Manager—Th e authorized representativ e o f th e City who will b e assigned to the
Site.
5 3 . Public Meetin g – An announced meetin g conducted b y th e City to facilitate public
participatio n and to assist th e public in gaining an informed view o f th e Project.
5 4 . Radioactive Material—Source, special nuclear, o r byproduct m aterial as defined b y the
Ato mic Energy Act o f 195 4 (42 USC Sectio n 2011 et seq.) as amended from tim e to time.
5 5 . Regula r Workin g Hours – Hours beginnin g at 7:00 a.m. and endin g at 6:0 0 p.m., Monday
thru Friday (excludin g legal holidays).
5 6 . Samples—Physica l exa mples of materials, equip ment, o r work manship tha t are
representativ e o f some portio n of th e Work a nd which establish th e standards b y whic h such
portio n o f th e Work will be judged.
5 7 . Schedule o f Submittals—A schedule , prepared and m aintained b y Contractor, o f required
sub m ittals and th e time requirements to support scheduled performance o f related construction
activities.
5 8 . Schedule o f Values—A schedule, prepared and maintained by Contractor, allocatin g portions
o f th e Contrac t Pric e to variou s portion s of th e Work and use d as th e basis for reviewing
Contractor’s Applications for Payment.
59. Site—Land s or areas indicate d in th e Contract Documents as bein g furnishe d b y City upon
which th e Work is to b e performed , includin g rights-of-way, permits, and easements for access
thereto , and such othe r land s furnishe d by City which are designate d for th e use of Contractor.
6 0 . Specifications—That part o f th e Contract Documents consistin g o f written requirements for
materials, equipm ent, syste ms, standards an d workmanship as applied to th e Work , and certain
administrative requirements and procedura l matters applicable thereto . Specifications may be
specifically made a part o f th e Contract Documents b y attachmen t or, if not attached, may be
incorporate d b y reference a s indicated in th e Table o f Contents (Divisio n 0 0 0 0 00) o f each
Project.
6 1 . Subcontractor —An individual or entity havin g a direct contract with Contracto r o r with any
other Subcontractor for th e performance o f a part of the Work at th e Site.
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6 2 . Submittals—All drawings, diagrams, illustrations, schedules, and other data or in f ormation
which are specif ically prepare d or assemble d by or f or Contractor and submitted by Contractor
to illustrate some portion of th e Work.
6 3 . Successful Bidder—Th e Bidder submittin g th e lowest and most responsive Bid to who m City
make s an Award.
6 4 . Superintenden t – Th e representative o f th e Contractor wh o is available at all times and able
to receiv e instruction s from th e City and to act for th e Contractor.
6 5 . Supplementary Conditions—That part of th e Contract Docu ments whic h amend s or
supple ments these General Conditions.
6 6 . Supplier—A manufacturer, fabricator, supplier, distributor, materialm an , o r vendo r having a
direc t contrac t with Contracto r or with any Subcontractor to furnish materials or equipment
to b e incorporated in th e Work b y Contractor or Subcontractor.
6 7 . Underground Facilities—All undergroun d pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, o r other such facilities o r attach ments, and any encasements
containin g suc h facilities, including but not limited to , those that convey electricity, gases,
steam, liquid petroleum products, telephone o r other comm unications, cable television,
water, wastewater, storm water, other liquids o r chemicals, o r traffic or other control system s.
68 Unit Pric e Work—Se e Paragraph 11.03 of these General Conditions for definition.
69. Weeken d Workin g Hours – Hours beginnin g at 9:00 a.m. and endin g at 5:0 0 p.m ., Saturday,
Sunday o r legal holiday , as approved in advance by th e City.
7 0 . Work—Th e entire construction o r th e variou s separately identifiable parts thereof required to
b e provided under th e Contract Docu ments. Work includes and is th e result o f performin g or
providin g all labor, services, and docu mentation necessary to produce such construction
includin g any Change Order or Field Order, an d furnishing, installing, and incorporating all
materials and equip ment into suc h construction, all as required by th e Contrac t Documents.
7 1 . Workin g Day – A working day is defined as a day , not including Saturdays, Sundays, o r legal
holiday s authorized by th e City for contrac t purposes, in which weathe r or othe r conditions
not under th e contro l o f th e Contracto r will p ermit th e performance of th e principa l unit of
work underwa y fo r a continuous perio d of not less than 7 hours between 7 a.m. and 6 p.m.
1.02 Terminology
A. Th e word s and terms discusse d in Paragrap h 1.02.B through E are not defined but, when used in
th e Biddin g Requirem ents o r Contract Docu ments, have th e indicated m eaning.
B. Inten t o f Certain Terms o r Adjectives:
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1 . Th e Contrac t Docu ments includ e th e terms “as allowed,” “as approved,” “as ordered,” “as
directed ” o r term s of lik e effect o r import to authoriz e an exercise o f judgment by City . In
addition , th e adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or
adjective s o f lik e effect o r im port are used to describe an action o r determination o f City as to
th e Work. It is intended tha t such exercise o f professiona l judgment, action, o r determination
will be solely to evaluate, in general, th e Wo rk f o r compliance with th e in f orm atio n in the
Contrac t Docu ments and with th e design concept o f th e Project as a functioning whole as
shown o r indicated in th e Contract Docum ents (unless there is a specific state ment indicating
otherwise).
C. Defective:
1 . Th e word “defective,” when modifying th e word “Work,” refers to Work that is
unsatisf actory, faulty , o r deficient in that it:
a . does not conform to th e Contrac t Docu ments; or
b . does not m eet th e requirements o f any applicab le inspection, reference standard, test, or
approval referred to in the Contract Docu ments; or
c . has been da mage d prior to City’s written acceptance.
D. Furnish , Install, Perform, Provide:
1 . Th e word “Furnish ” o r th e word “Install” o r th e word “Perform” or th e word “Provide” or
th e word “Supply,” o r any combination o r similar directiv e o r usage thereof , shall mean
furnishing and incorporatin g in th e Work including all necessary labor, materials, equipment,
and everythin g necessary to perform th e Work indicated, unless specifically limited in the
contex t used.
E. Unless state d otherwise in th e Contract Docu ments, word s o r phrase s that hav e a well-known
technica l or constructio n industry o r trade meaning are used in th e Contrac t Docu ments in
accordanc e with such recognized meaning.
ARTICLE 2 – PRELIMINAR Y MATTERS
2.01 Copies o f Documents
City shall furnish to Contractor one (1) origin al executed copy and one (1) electronic cop y of the
Contrac t Docu ments, and f our (4) additional cop ies o f th e Drawings. Additional copie s will be
furnished upon request at th e cost of reproduction.
2.02 Commencement o f Contract Time ; Notice to Proceed
Th e Contrac t Time will commence to ru n o n th e day indicated in th e Notice to Proceed. A Notice to
Proceed ma y be given no earlier than 1 4 day s after th e Effective Date o f th e Agree ment,
unless agreed to by both parties in writing.
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2.03 Startin g th e Work
Contracto r shall start to perform th e Work o n th e date when th e Contract Time commences to run.
No Work shall b e don e at th e Site prior to th e date on which th e Contract Time commences to run.
2.04 Before Startin g Construction
Baselin e Schedules: Sub mit in accordance with th e Contrac t Docu ments, and prio r to startin g the
Work.
2.05 Preconstruction Conference
Be f ore any Work at th e Site is started , th e Contractor shall atten d a Preconstructio n Conference as
specifie d in th e Contract Docum ents.
2.06 Public Meeting
Contracto r may not m obilize any equip ment, materials or resource s to th e Site prio r to Contractor
attendin g th e Public Meetin g as scheduled by th e City.
2.07 Initia l Acceptanc e of Schedules
No progress pay ment shall b e m ad e to Contracto r until acceptable schedules are submitted to City in
accordance with th e Schedule Specificatio n as provided in th e Contract Documents.
ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
A. Th e Contract Docu ments are complementary; wha t is required by one is as binding as if required
b y all.
B. It is th e intent o f th e Contrac t Docu ments to describ e a functionally complete project (or part
thereof ) to be constructe d in accordanc e with th e Contract Documents. Any labor, documentation,
services, materials, or equip ment that reasonably may b e inferred from the Contract Docu ments
o r fro m prevailin g custom or trade usage as bein g require d to produce the indicate d result will be
provide d whethe r or not specifically called f or , a t n o additional cost to City.
C. Clarification s an d interpretation s of th e Contract Docu ments shall b e issued by City.
D. Th e Specifications may vary in form, format a nd style. So m e Specification sections may be written
in varyin g degree s o f strea mlined o r declarativ e style and some sections may be relatively
narrativ e b y comparison . Om issio n o f su ch word s and phrases as “th e Contractor shall,” “in
conformity with,” “as shown,” o r “as specif ied ” are intentiona l in stream lined sections.
Omitte d word s and phrases shall b e supplied b y inference. Simila r types o f provisions ma y appear
in variou s parts o f a sectio n or article s within a part dependin g o n th e format of the
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section . Th e Contracto r shall not tak e advantage o f any variatio n o f form, format or style in
makin g Contract Claims.
E. Th e cross referencin g o f specificatio n section s under th e subparagraph heading “Related
Section s include but are not necessarily lim ite d to:” and elsewhere within each Specif ication
sectio n is provide d a s an aid and convenience to th e Contractor. Th e Contracto r shall not rely on
th e cross referencin g provide d and shall be responsible to coordinate th e entire Work under the
Contrac t Docu ments and provid e a complete Projec t whethe r o r not th e cross referencin g is
provide d in each sectio n or whethe r o r not th e cross referencing is complete.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
1 . Reference to standards, specifications, manuals, or code s o f any technical society, organization,
o r association , o r to Laws or Regulations, whether such reference b e specific or b y implication,
shall mean th e standard, specification , manual, code, o r Laws o r Regulations in effec t at the
time of openin g o f Bids (or o n th e Effective Date of th e Agree ment if there were n o Bids),
excep t as may b e otherwise specifically stated in th e Contrac t Docu ments.
2 . No provisio n of any suc h standard, specification, manual, o r code , or any instructio n of a
Supplier, shall b e effective to change th e duties o r responsibilities o f City , Contractor, or any
o f their subcontractors, consultants, agents, o r employees, from those set forth in th e Contract
Docu ments. No suc h provision o r instructio n shall b e effectiv e to assign to City , o r any o f its
officers, directors, members, partners, employees, agents, consultants, o r subcontractors, any
duty or authority to supervise or direct th e performanc e o f th e Work or any duty o r authority
to undertake responsibility inconsistent with th e provision s o f th e Contrac t Documents.
3.03 Reportin g and Resolvin g Discrepancies
A. Reportin g Discrepancies:
1 . Contractor’s Review of Contrac t Documents Before Starting Work: Before undertaking each
part o f th e Work , Contractor shall carefully stud y and compare th e Contrac t Documents and
check and verif y pertinen t figure s therein against all applicable field measure ments and
conditions. Contractor shall pro mptly report in writin g to City any conflict, error, a mbiguity,
o r discrepanc y which Contractor discovers, o r has actua l knowledge of , and shall obtain a
written interpretation o r clarif ication f ro m City bef ore proceeding with any Work affected
thereby.
2 . Contractor’s Revie w o f Contrac t Documents During Performance o f Work : If , durin g the
performance o f th e Work, Contractor discovers any conflict, error, ambiguity , o r discrepancy
within th e Contract Docu ments, o r between th e Contrac t Docu ments and (a) any applicable
La w o r Regulatio n , (b) any standard, specification , manual, o r code, o r (c) any instruction of
any Supplier, then Contractor shall prom ptly report it to City in writing. Contracto r shall not
proceed with th e Work affected thereb y (except in a n e m ergenc y a s required b y Paragraph
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6.17.A) until an amendment o r supplement to th e Contract Docu ments has been issued by
one o f th e methods indicate d in Paragraph 3.04.
3 . Contracto r shall not be liable to City f o r f ailure to report any conflict, error, ambiguity , or
discrepancy in th e Contract Docu ments unless Contractor had actua l knowledge thereof.
B. Resolvin g Discrepancies:
1 . Excep t as ma y b e otherwise specifically stated in th e Contract Docu ments, th e provisions of
th e Contract Docu ments shall take precedenc e in resolvin g any conflict, error, a m biguity, or
discrepancy between th e provisions of th e Contract Docu ments and th e provision s of any
standard , specification, manual, o r th e instruction of any Supplier (whether or not specifically
incorporate d b y reference in th e Contract Documents).
2 . In case of discrepancies, figured dimension s shall govern over scaled dimensions, Plan s shall
govern over Specifications, Supplementary Conditions shall govern over General Conditions
and Specifications, and quantities shown o n th e Plan s shall govern over those shown in the
proposal.
3.04 Amendin g and Supplementing Contract Documents
A. Th e Contract Documents m ay be amended to provid e for additions, deletions, and revisions in
th e Work or to modify th e terms and conditions thereof by a Change Order.
B. Th e require ments o f th e Contract Documents m ay be supple mented , and mino r variations and
deviation s in th e Work not involvin g a change in Contract Price or Contract Tim e, may be
authorized, by one o r mor e of th e following ways:
1 . A Field Order;
2 . City’s review o f a Submitta l (subjec t to th e provisions o f Paragrap h 6.18.C); or
3 . City’s written interpretatio n o r clarification.
3.05 Reuse o f Documents
A. Contracto r and any Subcontractor or Supplier shall not:
1 . hav e o r acquire any title to o r ownership rights in any o f th e Drawings, Specif ications, or
other docu ments (o r copie s o f any thereof) p repare d by or bearin g th e seal o f Engineer,
includin g electronic media editions; or
2 . reuse any such Drawings, Specifications, other docu ments, or copies thereo f o n extensions of
th e Project o r any other projec t withou t writte n consent o f City and specific written verification
o r adaptatio n b y Engineer.
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B. Th e prohibitions of this Paragrap h 3.0 5 will surv iv e final pay ment, o r term ination of the
Contract. Nothin g herein shall preclud e Contractor fro m retainin g copies o f th e Contract
Docu ments for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in th e Supple mentary Conditions, th e data furnished by City o r Engineer
to Contractor, o r by Contracto r to City or Engineer, that may b e relied upon are limite d to the
printe d copies include d in th e Contrac t Docu ments (also known as hard copies) and other
Specification s referenced and locate d o n th e City’s on-line electronic document m anagement and
collaboration system site. Files in electronic media form at o f text, data , graphics, o r other typ es
are furnishe d only for th e convenience o f the receivin g party . Any conclusion or information
obtaine d o r derived from such electronic files will be at th e user’s sole risk . If there is a discrepancy
between th e electronic file s and th e hard copies, the hard copies govern.
B. When transferrin g docu ments in electronic media format, th e transferring party make s no
representations as to long term compatibility , usability, o r readability o f documents resulting from
th e use o f software application packages, operatin g systems, o r computer hardware differing from
those use d b y th e data’s creator.
ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTA L CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. City shall f urnish th e Site. City shall notify Contracto r o f any encu mbrances o r restrictions not of
general application but specifically related to use of th e Site with which Contracto r m ust comply
in perf ormin g th e Work. City will obtain in a timely manner and pay f or ease ments fo r permanent
structure s or perm anent changes in existing f acilities.
1 . Th e City has obtained o r anticipates acquisition of and/o r access to right-of -way , and/or
easements. Any outstanding right-of-way and/or easements are anticipated to b e acquired in
accordance with th e schedule set forth in th e Supplementary Conditions. Th e Project Schedule
sub m itte d by th e Contracto r in accordanc e with th e Contract Docu ments must consider any
outstanding right-of-way, and/or easements.
2 . Th e City has or anticipates removing and/or relocatin g utilities, and obstructions to th e Site.
An y outstandin g removal or relocatio n o f utilities o r obstruction s is anticipated in accordance
with th e schedule set forth in th e Supplementary Conditions. Th e Project Schedule submitted
b y th e Contracto r in accordance with th e Contrac t Docum ents must consider any outstanding
utilities o r obstructions to be removed, adjusted , and/o r relocated b y others.
B. Upo n reasonable written request, City shall furnish Contractor with a curren t state men t o f record
legal title and legal description of th e land s upon which th e Work is to be performed.
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C. Contracto r shall provid e for all additiona l land s and access thereto tha t may b e required for
construction facilities or storage o f materials an d equipment.
4.02 Subsurfac e an d Physical Conditions
A. Reports and Drawings: Th e Supplementary Condition s identify:
1 . those reports known to City of exploration s and tests o f subsurface condition s at or
contiguou s to th e Site; and
2 . those drawings known to City of physical conditions relating to existin g surface or
subsurface structures at th e Site (except Underground Facilities).
B. Limite d Reliance b y Contracto r on Technica l Data Authorized : Contracto r may rely upon the
accurac y o f th e “technica l data” contained in such reports and drawings, but such reports and
drawings are not Contrac t Docu ments. Suc h “technica l data” is identified in th e Supplementary
Conditions. Contractor may not make any Contract Claim against City , o r any o f their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1 . th e completeness of such reports and drawings for Contractor’s purposes, including, but not
limite d to , any aspects o f th e means, methods, techniques, sequences, and procedures of
construction to be employe d by Contractor, and safety precaution s and programs incident
thereto ; or
2 . other data , interpretations, opinions, and information contained in suc h reports o r shown or
indicate d in such drawings; or
3 . any Contracto r interpretatio n of o r conclusio n drawn fro m any “technical data” or any such
other data , interpretations, opinions, or information.
4.03 Differin g Subsurface o r Physica l Conditions
A. Notice: If Contracto r believes that any subsurface o r physical conditio n that is uncovered or
reveale d either:
1 . is o f suc h a nature as to establish that any “technical data ” on which Contracto r is entitled to
rely a s provided in Paragraph 4.0 2 is materially inaccurate; or
2 . is of such a nature as to require a change in th e Contrac t Docu ments; or
3 . differs materially from that shown or indicated in th e Contract Documents; or
4 . is of an unusual nature, and differs materially from conditions ordinarily encountere d and
generally recognized as inheren t in work o f th e characte r provided for in th e Contract
Docu ments;
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the n Contracto r shall, promptly afte r becomin g aware thereo f and before further disturbin g the
subsurface or physica l conditions or performing any Work in connectio n therewith (except in an
emergenc y as required b y Paragraph 6.17.A), notify City in writing about such condition.
B. Possible Price and Time Adjustments
Contracto r shall not be entitled to any adjustment in th e Contract Price o r Contract Time if:
1 . Contracto r knew of th e existence o f suc h condition s a t th e time Contracto r made a final
commitment to City with respec t to Contract Price and Contract Time b y th e submission of a
Bid or beco ming boun d under a negotiate d contract; or
2 . th e existenc e o f such conditio n could reasonably have been discovered or revealed as a result
o f th e exa minatio n o f th e Contract Documents o r th e Site ; or
3 . Contracto r failed to giv e th e writte n notice a s required by Paragraph 4.03.A.
4.04 Underground Facilities
A. Shown o r Indicated: Th e information and data shown o r indicated in th e Contrac t Docu ments
with respect to existin g Underground Facilities at o r contiguou s to th e Site is based on information
and data furnished to City o r Enginee r b y th e owners of such Underground Facilities,
includin g City , o r by others. Unless it is otherwise expressly provide d in the Supple mentary
Conditions:
1 . City and Enginee r shall not be responsible for th e accuracy or com pleteness of any such
informatio n o r data provide d b y others; and
2 . th e cost of all o f th e f ollowin g will be include d in th e Contrac t Price , and Contracto r shall
hav e full responsibility for:
a . reviewin g and checkin g all such information and data;
b . locatin g all Undergroun d Facilities shown o r indicated in th e Contract Documents;
c . coordination and adjustmen t of th e Work with th e owners of such Underground
Facilities, including City , during construction; and
d . th e safety and protection o f all suc h Underground Facilities and repairing any damage
thereto resulting from th e Work.
B. No t Shown o r Indicated:
1 . If a n Underground Facility which conflicts with th e Work is uncovere d o r revealed at or
contiguou s to th e Site whic h was not shown o r indicated , or not shown or indicated with
reasonable accuracy in th e Contrac t Docu ments, Contractor shall, pro mptly afte r becoming
aware thereo f and before further disturbing condition s affected thereby or performin g any
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Work in connectio n therewith (excep t in a n emergency as require d by Paragrap h 6.17.A),
identif y th e owne r o f such Underground Facility and give notice to tha t owne r and to City.
City will review th e discovered Undergroun d Facility and determin e th e extent, if any , to
which a change may be required in th e Contrac t Docu ments to reflect and docu men t the
consequences of th e existenc e o r locatio n of th e Undergroun d Facility . Contracto r shall be
responsible fo r th e safety and protection o f such discovere d Underground Facility.
2 . If City concludes that a change in th e Con tract Docu ments is required , a Change Order may
b e issue d to reflect and docum en t suc h consequences.
3 . Verif icatio n o f existin g utilities, structures, and servic e lines shall includ e notif ication o f all
utility companies a minimu m o f 48 hours in advance o f constructio n including exploratory
excavation if necessary.
4.05 Reference Points
A. City shall provid e engineering survey s to establish reference points for construction , which in
City’s judgment are necessary to enable Contractor to proceed with th e Work . City will provide
construction stakes o r other customar y method o f marking to establish lin e and grades for roadway
and utility construction, centerlines and bench mark s for bridgework . Contracto r shall protect and
preserv e th e establishe d reference points and property monu ments, and shall make no changes or
relocations. Contracto r shall report to City whenever any reference point o r property monu ment is
lost o r destroyed o r requires relocatio n because of necessary changes in grades or locations. Th e
City shall b e responsible for th e replacement or relocatio n o f reference points or property
monum ents not carelessly o r willfully destroyed b y th e Contractor. Th e Contracto r shall notify
City in advance and with sufficien t time to avoid delays.
B. Whenever, in th e opinio n o f th e City, any reference poin t o r monumen t has been carelessly or
willf ully destroyed, disturbed, o r remove d b y th e Contractor o r any o f his employees, th e f ull cost
f o r replacin g suc h points plu s 25% will b e charged against th e Contractor, and th e f ull amount will
b e deducted from pay men t due th e Contractor.
4.06 Hazardous Environmenta l Conditio n a t Site
A. Reports and Drawings: Th e Supple mentary Conditions identify those reports and drawings known
to City relatin g to Hazardous Environmental Conditions that hav e been identified at the Site.
B. Limite d Reliance b y Contracto r on Technica l Data Authorized : Contracto r may rely upon the
accurac y o f th e “technica l data” contained in such reports and drawings, but such reports and
drawings are not Contrac t Docu ments. Suc h “technica l data” is identified in th e Supplementary
Conditions. Contractor may not make any Contract Claim against City , o r any o f their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1 . th e completeness of such reports and drawings for Contractor’s purposes, including, but not
limite d to , any aspects o f th e means, methods, techniques, sequences and procedures of
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construction to be employed by Contracto r an d safety precautions and progra m s incident
thereto ; or
2 . other data , interpretations, opinions and information containe d in suc h reports o r shown or
indicate d in such drawings; or
3 . any Contractor interpretatio n o f o r conclusion drawn from any “technical data” or any such
other data , interpretations, opinions o r information.
C. Contracto r shall not b e responsible for an y Hazardou s Environmental Conditio n uncovered or
reveale d at th e Site which was not shown o r indicated in Drawings o r Specifications o r identified
in th e Contract Documents to be within th e scope of th e Work. Contracto r shall b e responsible for
a Hazardou s Environ mental Conditio n create d with any materials brough t to th e Site by
Contractor, Subcontractors, Suppliers, o r anyone else for who m Contracto r is responsible.
D. If Contracto r encounters a Hazardou s Environm ental Condition o r if Contractor o r anyone for
who m Contracto r is responsible creates a Hazardous Environmental Condition , Contractor shall
immediately: (i) secure o r otherwise isolate such condition; (ii) stop all Work in connectio n with
such conditio n and in any area affecte d thereb y (excep t in a n emergency a s required by Paragraph
6.17.A); and (iii) notif y City (an d promptly thereafter confirm such notice in writing). City may
conside r th e necessity to retain a qualif ie d expert to evaluate suc h conditio n o r take corrective
action , if any.
E. Contracto r shall not be require d to resu me Work in connectio n with such condition o r in any
affected area until a f ter City has obtaine d any required permits related thereto and delivered written
notic e to Contractor: (i) specifying tha t suc h conditio n and any affecte d are a is o r has been
rendered suitable for th e resumption o f Wo rk; o r (ii) specifying any special conditions under which
such Work may b e resumed.
F. If afte r receip t o f such writte n notice Contractor does not agree to resu m e such Work based on a
reasonable belief it is unsafe, o r does not agree to resu me such Work under suc h special conditions,
the n City may order th e portio n of th e Work that is in th e area affected by such condition to be
delete d from th e Work . City may have such deleted portion of th e Work performed by City’s own
force s or others.
G. To th e fullest exten t permitte d b y Laws and Regulations, Contractor shall indemnify and hold
harmless City, fro m and against all claims, costs, losses, and damages (including but not limited
to all fee s and charges of engineers, architects, attorneys, and othe r professionals and all court
o r arbitratio n o r othe r dispute resolutio n costs) arisin g out o f o r relatin g to a Hazardous
Environmental Condition created by Contracto r o r by anyon e fo r who m Contractor is responsible.
Nothin g in this Paragrap h 4.06.G shall obligate Contracto r to indemnify any individua l or entity
from and against th e consequence s of that individual’s or entity’s own negligence.
H. Th e provisions o f Paragraph s 4.02, 4.03 , and 4.0 4 do not apply to a Hazardou s Environmental
Conditio n uncovered o r revealed at th e Site.
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ARTICLE 5 – BONDS AND INSURANCE
5.01 Licensed Sureties and Insurers
All bonds and insurance required b y th e Contract Docu ments to b e purchased and maintained by
Contracto r shall b e obtained from surety o r insuranc e companies that are duly license d o r authorized
in th e State o f Texa s to issu e bonds or insuran ce policies for th e limits and coverages so required.
Suc h surety and insurance companies shall also meet such additional requirements and qualifications
as may b e provided in the Supplementary Conditions.
5.02 Performance , Payment, and Maintenance Bonds
A. Contracto r shall furnish perform ance and pay ment bonds, in accordance with Texas Government
Cod e Chapter 2253 o r successo r statute, each in an a m ount equa l to th e Contrac t Price as
security for th e faithful performance and pay ment of all of Contractor’s obligation s under the
Contrac t Docum ents.
B. Contractor shall furnish maintenance bonds in an amount equal to th e Contrac t Price as security
to protec t th e City against any defects in any portion o f th e Work describe d in th e Contract
Docu ments. Maintenanc e bonds shall remain in ef f ec t for two (2 ) years af ter th e date o f Final
Acceptance by th e City.
C. All bonds shall b e in th e form prescribed b y th e Contrac t Documents except as provided otherwise
b y Laws or Regulations, and shall b e ex ecuted b y such sureties as are named in th e list of
“Co mpanies Holdin g Certificate s of Authority as Acceptable Sureties o n Federal Bond s and as
Acceptable Reinsurin g Co mpanies” as publish ed in Circula r 570 (a m ended) b y th e Financial
Management Service , Surety Bond Branch, U.S. Departmen t o f the Treasury . All bond s signed by
an agen t or attorney -in -fact must b e accompa nied by a sealed and dated power o f attorney which
shall sho w tha t it is effective o n th e date th e agen t o r attorney-in-fact signed each bond.
D. If th e surety o n any bon d furnishe d b y Contractor is declare d bankrupt o r becomes insolven t or its
right to d o business is terminate d in th e State of Texa s o r it cease s to meet th e require ments of
Paragrap h 5.02.C, Contractor shall pro mptly notify City and shall, within 30 days after th e event
givin g rise to suc h notification , provide another bon d and surety , both o f which shall comply with
th e require ments of Paragraphs 5.01 and 5.02.C.
5.03 Certificate s of Insurance
Contracto r shall deliver to City , with copies to each additional insure d and loss payee identified in the
Supplem entary Conditions, certificates o f insurance (other evidenc e of insurance requested b y City or
any othe r additional insured ) in at least the minimum amount as specified in the Supplementary
Conditions which Contracto r is required to purchase and maintain.
1 . Th e certif icate o f insurance shall document th e City, and all identif ied entitie s named in the
Supple mentary Condition s a s “Additiona l Insured ” o n all liability policies.
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2 . Th e Contractor’s genera l liability insuranc e shall includ e a, “per project” o r “pe r location”,
endorse ment, whic h shall be identifie d in th e ce rtificate of insuranc e provided to th e City.
3 . Th e certificate shall be signed by an agen t authorized to bin d coverage o n behalf o f the insured,
b e complete in its entirety, and sho w complete insurance carrier nam es as liste d in the current
A.M. Best Property & Casualty Guide
4 . Th e insurers for all policie s must b e licensed and/or approved to d o business in th e State of
Texas. Excep t for workers’ compensation, all insurers must hav e a minimu m ratin g o f A-:
VII in th e curren t A. M. Best Key Ratin g Guide o r hav e reasonably equivalent financial
strength and solvency to th e satisfactio n of Risk Management. If th e ratin g is below that
required , written approva l o f City is required.
5 . All applicable policie s shall includ e a Waiver of Subrogatio n (Rights of Recovery) in favor
o f th e City. In addition , th e Contracto r agree s to waiv e all rights o f subrogatio n against the
Engineer (if applicable), and each addition al insure d identified in th e Supplementary
Conditions
6 . Failure of th e City to dem and such certificates o r othe r evidence of f ull complianc e with the
insuranc e requirements o r f ailure of th e City to identif y a deficiency fro m evidence that is
provided shall not b e construed as a waive r of Contractor’s obligatio n to maintain such lines
o f insurance coverage.
7 . If insuranc e policie s are not written f o r specif ied coverage limits , a n Umbrella o r Excess
Liability insuranc e f or any differences is required . Excess Liability shall f ollow f or m of the
primary coverage.
8 . Unless otherwise stated, all required insurance shall b e written o n th e “occurrence basis”. If
coverage is underwritte n on a claims-mad e basis, the retroactive date shall be coincident with
o r prio r to th e date o f th e effective date of th e agreement and th e certificate o f insurance shall
state that th e coverage is claims-made and th e retroactive date . Th e insurance coverage shall
b e maintaine d for th e duratio n o f th e Con tract and for three (3) years followin g Final
Acceptance provided under th e Contract Docu ments or for th e warranty period, whichever is
longer. An annual certificate of insuranc e sub mitte d to th e City shall evidenc e such
insuranc e coverage.
9 . Policies shall hav e n o exclusions b y endorsements, which , neither nullif y o r amend , the
require d line s of coverage, nor decrease th e limits of said coverage unless suc h endorsements
are approve d in writing b y th e City. In th e even t a Contract has been bid o r executed and the
exclusions are determined to b e unacceptable o r th e City desires additional insurance coverage,
and th e City desires th e contractor/engineer to obtain suc h coverage, th e contract pric e shall
b e adjusted by th e cost o f th e premium for such additional coverage plus 10%.
10. An y self -insured retention (SIR), in excess of $25,000.00, affectin g require d insurance
coverage shall b e approved b y th e City in regard s to asset value and stockholders' equity. In
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lie u o f traditiona l insurance , alternativ e coverage maintained through insurance pools o r risk
retentio n groups, must also b e approved b y City.
11. An y deductible in excess o f $5,000.00 , for any policy tha t does not provid e coverage o n a
first-dolla r basis, must b e acceptable to and approved b y th e City.
12. City , at its sole discretion , reserves th e righ t to review th e insurance require ments and to
make reasonable adjustm ents to insurance coverage’s and their limits when deemed necessary
and pruden t b y th e City based upon change s in statutory law, court decisio n or the claims
history o f th e industry as well as o f th e contracting party to th e City . Th e City shall b e required
to provid e prior notice of 90 d ays , and the insurance adjustments shall be incorporated into th e
Work b y Change Order.
13. City shall be entitled , upon written request and without expense, to receive copie s o f policies
and endorsements thereto and may make any reasonable requests for deletion o r revision or
modifications o f particula r policy term s, con ditions, limitations, or exclusions necessary to
conform th e policy and endorse ments to th e require ments o f th e Contract. Deletions, revisions,
o r m odifications shall not b e requ ired where polic y provision s are establishe d by law or
regulation s binding upon eithe r party or the underwriter on any such policies.
14. City shall not be responsible for th e direct paym en t of insurance prem ium costs for
Contractor’s insurance.
5.04 Contractor’s Insurance
A. Workers Compensatio n and Employers’ Liability. Contracto r shall purchase and maintain such
insurance coverage with limits consistent with statutory bene fits outline d in th e Texas Workers’
Com pensatio n Act (Texas Labor Code , Ch. 406, a s amended), and minimu m limits for Employers’
Liability as is appropriate f or th e Work being perfor med and as will provide protectio n fro m claims
set forth belo w which may arise out o f o r result from Contractor’s performance o f th e Work and
Contractor’s othe r obligation s under th e Contract Docu ments, whethe r it is to be performed by
Contractor, any Subcontractor o r Supplier, or by anyone directly o r indirectly employed by any of
the m to perform any of th e Work, o r by anyon e for whose acts an y o f them may be liable:
1 . claim s under workers’ com pensation, disability benefits, and othe r simila r employee benefit
acts;
2 . claim s for dam age s because o f bodily injury , o ccupational sickness o r disease , o r death of
Contractor’s e mployees.
B. Commercia l General Liability. Coverage shall includ e but not b e limite d to coverin g liability
(bodily injury or property damage ) arisin g fro m: pre mises/operations, independen t contractors,
products/co mpleted operations, persona l injury , and liability under an insured contract. Insurance
shall b e provided o n an occurrence basis, and a s comprehensive as th e curren t Insurance Services
Offic e (ISO) policy . This insuranc e shall apply as primary insurance with respect to any other
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insurance o r self -insurance progra ms afforded to th e City . Th e Co mmercial General Liability
policy , shall hav e no exclusions by endorsem ents that would alter o f nullify premises/operations,
products/co mpleted operations, contractual, personal injury , o r advertisin g injury , which are
norm ally contained with the policy, unless th e City approve s suc h exclusion s in writing.
Fo r constructio n projects tha t presen t a substa n tial completed operatio n exposure, th e City may
require th e contractor to maintain completed operation s coverage for a m inimu m o f n o less than
three (3) years followin g th e completion o f th e projec t (if identifie d in th e Supplementary
Conditions).
C. Automobile Liability. A commercial business auto polic y shall provide coverage o n “any auto”,
define d as autos owned , hired and non-owned an d provid e indemnity for claim s for damages
because bodily injury or death o f any person an d or property damage arising out of th e work,
maintenance o r use o f any m oto r vehicle b y th e Contractor, any Subcontractor or Supplier, or by
anyon e directly o r indirectly e m ployed b y any o f them to perform any of th e Work, o r by anyone
for whose acts any of them may be liable.
D. Railroa d Protectiv e Liability . If any o f th e work o r any warranty work is within th e limits of
railroa d right-of -way, th e Contracto r shall comp ly with th e requirements identif ie d in the
Supple mentary Conditions.
E. Notificatio n o f Polic y Cancellation: Contractor shall immediately notif y City upon cancellation
o r other loss o f insurance coverage . Contracto r shall sto p work until replace ment insurance has
bee n procured . There shall b e n o time credit for days not worked pursuant to this section.
5.05 Acceptance of Bonds and Insurance; Option to Replace
If City has any objectio n to th e coverage afforde d b y o r other provision s of th e bonds or insurance
require d to be purchased and maintained by th e Con tractor in accordance with Article 5 o n th e basis
o f non-conformance with th e Contrac t Documents, th e City shall so notif y th e Contractor in writing
within 1 0 Business Day s af ter receip t of th e certificates (o r othe r evidence requested). Contractor shall
provid e to th e City such additional information in respect o f insuranc e provided a s th e City may
reasonably request. If Contractor does not purchase o r maintain all o f th e bonds and insurance required
b y th e Contract Documents, th e City shall notify th e Contractor in writin g o f suc h f ailure prio r to th e
start of th e Work , o r of such failure to maintain prio r to any change in th e required coverage.
ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES
6.01 Supervision an d Superintendence
A. Contractor shall supervise, inspect, and direc t th e Work competently and efficiently , devoting
such attentio n thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with th e Contract Docu ments. Contracto r shall b e solely responsible for the
means, methods, techniques, sequences, and procedures o f construction.
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B. At all times durin g th e progress of th e Work , Contracto r shall assign a competent, English-
speaking, Superintendent who shall not b e replace d withou t writte n notice to City . The
Superintendent will be Contractor’s representative at th e Site and shall hav e authority to act on
behalf o f Contractor. All communication give n to or receive d fro m th e Superintenden t shall be
bindin g o n Contractor.
C. Contracto r shall notify th e City 2 4 hours prio r to moving areas durin g th e sequence of construction.
6.02 Labor; Workin g Hours
A. Contracto r shall provid e competent, suitably qualified personnel to perform construction as
required b y th e Contrac t Docum ents. Contractor shall at all times maintain goo d disciplin e and
orde r at th e Site.
B. Excep t a s otherwise required for th e safety o r p rotection o f persons o r th e Work o r property at
th e Site o r adjacen t thereto , and excep t a s otherwise stated in th e Contrac t Docu ments, all Work
at th e Site shall b e perf ormed durin g Regular Workin g Hours. Contracto r will not permit the
performance o f Work beyon d Regular Workin g Hours o r for Weeken d Working Hours without
City’s written consen t (which will not b e unrea sonably withheld). Written request (b y letter or
electronic communication ) to perform Work:
1 . for beyond Regular Working Hours request must be made b y noon at least two (2) Business
Day s prior
2 . for Weekend Working Hours request must b e mad e b y noon of th e preceding Thursday
3 . for legal holiday s request must be made by noon two Business Day s prio r to th e legal
holiday.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in th e Contrac t Documents, Contractor shall provide and assume full
responsibility for all services, m aterials, equip ment, labor, transportation, construction equipment
and m achinery , tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
te mporary f acilities, and all other f acilities and incidentals necessary f o r th e perf ormance,
Contracto r required testing, start-up, and completio n o f th e Work.
B. All m aterials and equipmen t incorporate d into th e Work shall b e as specified or, if not specified,
shall be of goo d quality and new, excep t as otherwise provided in th e Contrac t Docu ments. All
specia l warranties and guarantees require d b y th e Specifications shall expressly ru n to th e benefit
o f City . If require d b y City, Contracto r shall furnish satisfactory evidence (includin g reports of
required tests) as to th e source , kind, and quality o f materials and equipment.
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C. All materials and equip ment to b e incorporate d into th e Work shall b e stored , applied, installed,
connected , erected , protected , used, cleaned , and conditioned in accordanc e with instructions of
th e applicable Supplier, excep t as otherwise ma y b e provided in th e Contract Documents.
D. All ite m s of standard equipment to b e incorporated into th e Work shall b e th e latest m odel at the
time of bid , unless otherwise specified.
6.04 Project Schedule
A. Contractor shall adhere to th e Project Schedu le established in accordance with Paragrap h 2.07
and th e General Requirements as it may be adjusted from time to time a s provided below.
1 . Contracto r shall sub mit to City for acceptanc e (to th e exten t indicated in Paragrap h 2.07 and
th e General Require ments) propose d adjustm ents in th e Project Schedule tha t will not result
in changin g th e Contract Time . Such adjustments will comply with any provision s o f the
General Requirements applicable thereto.
2 . Contracto r shall submit to City a monthly Projec t Schedule with a monthly progress payment
for th e duratio n o f th e Contrac t in accordance with th e schedule specificatio n 0 1 3 2 16.
3 . Propose d adjustments in th e Project Schedule that will change th e Contrac t Time shall be
sub m itte d in accordance with th e require ments o f Article 12. Adjustments in Contract Time
ma y only be made by a Change Order.
6.05 Substitutes and “Or-Equals”
A. Wheneve r an ite m of material o r equip ment is sp ecified o r describe d in th e Contract Documents
b y usin g th e name o f a proprietary item o r th e name of a particula r Supplier, th e specification or
descriptio n is intended to establish the type, function , appearance, and quality required. Unless the
specificatio n or descriptio n contain s o r is followed b y word s reading that n o like, equivalent, or
“or-equal” ite m o r n o substitutio n is perm itted , other ite m s o f materia l o r equip ment of other
Suppliers may be submitte d to City for review under th e circumstances described below.
1 . “Or-Equal” Items: If in City’s sole discretio n an ite m o f material or equip ment proposed by
Contracto r is functionally equal to that name d and sufficiently similar so tha t no change in
relate d Work will b e required , it may b e conside red b y City as a n “or-equal” item, in which
case review and approval o f th e propose d item may, in City’s sole discretion, be accomplished
withou t complianc e with so m e o r all of th e require ments for approval of propose d substitute
ite ms. Fo r th e purpose s o f this Paragrap h 6.05.A.1 , a proposed ite m of material o r equipment
will b e considered functionally equal to an ite m so named if:
a . th e City determines that:
1) it is at least equal in materials o f construction , quality, durability , appearance,
strength , and design characteristics;
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2) it will reliably perf orm at least equally well th e f unctio n and achiev e th e results
impose d b y th e design concept o f th e complete d Project as a functioning whole; and
3) it has a prove n record of performanc e and availability of responsive service ; and
b . Contracto r certifies that, if approved and incorporated into th e Work:
1) there will be no increase in cost to th e City or increase in Contrac t Tim e; and
2) it will con f orm substantially to th e detailed requirements of th e item named in the
Contrac t Documents.
2 . Substitute Items:
a . If in City’s sole discretio n an ite m of material or equip men t proposed b y Contractor does
not qualif y as an “or-equal” item under Paragrap h 6.05.A.1, it may b e sub mitte d as a
proposed substitute ite m.
b . Contracto r shall submit sufficient in for mation as provided belo w to allo w City to determin e
if th e ite m o f material or equip ment proposed is essentially equivalent to that named and
an acceptable substitute therefor. Requests for review of proposed substitute ite ms of
m aterial o r equip ment will not b e accepted b y City fro m anyone other than Contractor.
c . Contracto r shall make written application to City for review o f a proposed substitute item
of material o r equip ment tha t Contracto r seeks to f urnish o r use. Th e applicatio n shall
comply with Section 01 2 5 0 0 and:
1) shall certif y that th e proposed substitute item will:
a) perform adequately th e function s and achiev e th e results called f or b y th e general
design;
b ) b e sim ila r in substanc e to that specified;
c) b e suited to th e same use as that specified; and
2) will state:
a) th e extent, if any , to whic h th e use of th e proposed substitute item will prejudice
Contractor’s achievement of final completio n o n time;
b ) whether use o f th e proposed substitute ite m in th e Work will require a change in
any of th e Contrac t Docu ments (o r in th e provision s o f any other direc t contract
with City for other work o n th e Project) to adapt th e design to th e proposed
substitute ite m;
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c) whether incorporatio n o r use o f th e propose d substitute ite m in connection with
th e Work is subject to paymen t of any license fee o r royalty; and
3) will identif y:
a) all variation s o f the proposed substitute ite m fro m that specified;
b ) available engineering, sales, maintenance, repair, and replacemen t services; and
4) shall contain an ite mized estimate of all costs o r credits that will result directly or
indirectly f ro m use o f suc h substitute item, includin g costs o f redesign and Dam age
Claims o f other contractors affected by any resultin g change.
B. Substitute Constructio n Methods o r Procedures: If a specific m eans, m ethod, technique, sequence,
o r procedure of construction is e xpressly required b y th e Contract Docu ments, Contracto r may
furnish or utilize a substitute means, method, technique, sequence, o r procedure o f construction
approved b y City . Contracto r shall sub mit sufficient in f ormation to allo w City , in City’s sole
discretion , to determin e that th e substitute proposed is equivalent to that expressly calle d f or by
th e Contract Documents. Contractor shall make written applicatio n to City f o r revie w in the same
manne r a s those provide d in Paragraph 6.05.A.2.
C. City’s Evaluation : City will b e allowed a reasonable tim e within whic h to evaluate each
proposal o r subm itta l made pursuant to Paragraphs 6.05.A and 6.05.B. City may require Contractor
to furnish additional data abou t th e propose d substitute. City will b e th e sole judge of acceptability.
No “or-equal” o r substitute will b e ordered , installe d o r utilize d until City’s review is complete,
whic h will b e evidenced b y a Change Order in th e case o f a substitute and an accepted Submittal
for an “or-equal.” City will advise Contracto r in writing o f its determination.
D. Specia l Guarantee: City may require Contracto r to furnish at Contractor’s expense a special
perf ormance guarantee, warranty, o r other surety with respect to any substitute. Contracto r shall
indemnify and hold harmless City and anyone directly o r indirectly employed b y them fro m and
against any and all claims, damages, losses and expenses (including attorneys fees) arisin g out of
th e use o f substitute d materials or equipment.
E. City’s Cost Reimbursement: City will record City’s costs in evaluatin g a substitute proposed or
sub mitted by Contracto r pursuant to Paragraph s 6.05.A.2 and 6.05.B. Whethe r o r not City
approves a substitute so propose d or sub mitte d by Contractor, Contractor may b e required to
reimburse City for evaluatin g each suc h proposed substitute . Contracto r may also b e required to
reimburse City for th e charges for making change s in th e Contract Documents (o r in the provisions
o f any other direct c ontract with City) resulting from th e acceptance o f each proposed substitute.
F. Contractor’s Expense: Contractor shall provide all data in support o f any propose d substitute or
“or-equal” at Contractor’s expense.
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G. City Substitute Reimbursement: Costs (savings o r charges) attributable to acceptance o f a substitute
shall b e incorporate d to th e Contract by Change Order.
H. Time Extensions: No additional time will be granted for substitutions.
6.06 Concerning Subcontractors, Suppliers, an d Others
A. Contractor shall perform with his own organiza tion, work o f a valu e not less than 35% of the
valu e embraced o n th e Contract, unless otherwise approved by th e City.
B. Contracto r shall not employ any Subcontractor, Supplier, or other individua l o r entity , whether
initially o r as a replace ment, against whom City may have reasonable objection . Contracto r shall
not b e required to emplo y any Subcontractor, Supplier, o r other individual o r entity to f urnish or
perform any o f th e Work against who m Contracto r has reasonable objection (excluding those
acceptable to City a s indicate d in Paragraph 6.06.C).
C. Th e City may f rom time to time require th e use of certain Subcontractors, Suppliers, o r other
individuals o r entities o n th e project, and will provide such requirem ents in th e Supplementary
Conditions.
D. Minority Business Enterprise Compliance : It is City polic y to ensure th e f ull an d equitable
participatio n b y Minority Business Enterprises (MBE) in the procure ment o f good s and services
o n a contractual basis. If th e Contract Documents provide for a MBE goal, Contracto r is required
to com ply with th e inten t of th e City’s MBE Ordinance (as a mended) b y th e following:
1 . Contracto r shall, upon request by City , provid e complete and accurate information regarding
actual work performed b y a MBE on th e Contract and pay ment therefor.
2 . Contracto r will not make additions, deletion s, o r substitution s o f accepte d MBE without
written consen t o f th e City . An y unjustif ied change o r deletio n shall be a materia l breach of
Contrac t and may result in debarmen t in acco rdanc e with th e procedure s outlined in the
Ordinance.
3 . Contractor shall, upon request b y City , allo w a n audit and/o r examinatio n o f any books, records,
o r f ile s in th e possessio n o f th e Contracto r that will substantiate th e actual work performed by
a n MBE. Material misrepresentatio n o f any nature will b e ground s for terminatio n of the
Contrac t in accordance with Paragrap h 15.02.A. Any such misrepresentatio n may be grounds
for disqualification o f Contracto r to bid o n future contracts with th e City for a period of
not less than three years.
E. Contracto r shall be fully responsible to City for all acts and o mission s o f th e Subcontractors,
Suppliers, and other individuals or entities perf ormin g or f urnishing any o f th e Work just as
Contracto r is responsible for Contractor’s o wn acts and o missions. Nothin g in th e Contract
Docu ments:
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1 . shall create f o r th e bene f it o f any such Subcontractor, Supplier, o r other individual o r entity
any contractual relationship betwee n City a nd any such Subcontractor, Supplie r o r other
individua l o r entity; nor
2 . shall create any obligatio n o n th e part o f City to pay or to see to th e pay ment of any moneys
due any such Subcontractor, Supplier, o r othe r individual or entity except as may otherwise be
require d by Laws and Regulations.
F. Contracto r shall b e solely responsible for schedulin g and coordinatin g th e Work of Subcontractors,
Suppliers, and other individuals o r entitie s perfor min g or f urnishing any o f the Work unde r a direct
o r indirect contract with Contractor.
G. All Subcontractors, Suppliers, and such other individuals or entitie s perfor ming o r f urnishing any
o f th e Work shall communicate with City through Contractor.
H. All Work perf orm ed f or Contracto r by a Subcon tractor o r Supplie r will b e pursuan t to an
appropriate agreement between Contracto r and the Subcontracto r o r Supplie r whic h specifically
bind s th e Subcontractor o r Supplier to th e applicable term s and condition s o f th e Contract
Docu ments for th e benefit o f City.
6.07 Wag e Rates
A. Duty to pay Prevailin g Wag e Rates. Th e Contracto r shall comply with all requirements of
Chapter 2258, Texas Governmen t Code (as a mended), including th e pay ment o f not less tha n the
rates determined by th e City Council o f th e City o f Fort Worth to be th e prevailing wage rates in
accordanc e with Chapte r 2258. Such prevailin g wage rates are include d in these Contract
Docu ments.
B. Penalty fo r Violation . A Contracto r or any Subcontracto r who does not pay th e prevailin g wage
shall, upon demand made by th e City , pay to the City $60 for each worker employe d for each
calenda r day o r part o f th e day tha t th e worke r is paid less than th e prevailing wage rates stipulated
in these contrac t docu ments. This penalty shall b e retained by th e City to o ffse t its ad ministrative
costs, pursuant to Texas Govern ment Code 2258.023.
C. Complaints o f Violation s and City Determinatio n of Goo d Cause . On receipt o f information,
includin g a com plain t b y a worker, conce rnin g an alleged violatio n of 2258.023 , Texas
Govern men t Code , b y a Contractor or Subcontractor, th e City shall make an initial
determination , before th e 31st day after th e date th e City receive s th e information , as to whether
goo d cause exists to believ e that th e violatio n occurred . Th e City shall notif y in writing the
Contracto r or Subcontracto r and any affected worker o f its initia l determination . Upon th e City’s
determination that there is goo d cause to believ e th e Contracto r or Subcontractor has violated
Chapter 2258, th e City shall retain th e full am ounts claim ed b y th e claim ant o r claimants as the
difference between wage s paid and wage s due unde r th e prevailing wage rates, such amounts being
subtracted fro m successive progress p ayments pending a fina l determination o f the violation.
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D. Arbitratio n Required if Violation No t Resolved. An issu e relating to an alleged violation of Section
2258.023, Texa s Governmen t Code, including a penalty owed to th e City o r an affected worker,
shall be submitte d to bindin g arbitratio n in accordance with th e Texas General Arbitratio n Act
(Article 224 et se q., Revised Statutes) if th e Contracto r o r Subcontractor and any affected worker
does not resolv e th e issu e b y agree men t before th e 15th day after th e date the City make s its initial
determination pursuan t to Paragrap h C above. If th e person s required to arbitrate under this
sectio n d o not agree on an arbitrator before th e 11th day afte r th e date that arbitratio n is required,
a distric t court shall appoin t a n arbitrator on th e petition o f any o f the persons. Th e City is not a
party in th e arbitration. Th e decisio n and award o f th e arbitrator is final and bindin g o n all parties
and ma y b e enforced in any court of competen t jurisdiction.
E. Record s to b e Maintained. Th e Contracto r and each Subcontractor shall, for a perio d o f three (3)
years following th e date of acceptance o f th e work , maintain records tha t show (i) th e name and
occupation o f each worker employed by th e Contractor in th e construction o f th e Work provided
f o r in this Contract; and (ii) th e actual per die m wages paid to each worker. Th e records shall be
open at all reasonable hours for inspection by th e City. Th e provision s o f Paragrap h 6.23, Right
to Audit, shall pertain to this inspection.
F. Progress Payments. With each progress pay ment o r payroll period , whichever is less, the
Contracto r shall sub mit an affidavit statin g that th e Contractor has com plied with the requirements
o f Chapter 2258, Texas Govern ment Code.
G. Postin g of Wag e Rates. Th e Contractor shall post prevailing wage rates in a conspicuou s place at
all times.
H. Subcontractor Compliance. Th e Contractor shall includ e in its subcontracts and/o r shall
otherwise require all o f its Subcontractors to comply with Paragraphs A through G above.
6.08 Paten t Fees and Royalties
A. Contractor shall pay all license f ees and royalties and assu me all costs inciden t to th e use in the
performance of th e Work o r th e incorporatio n in th e Work o f any invention, design , process,
product, o r device which is th e subjec t o f patent rights o r copyrights held by others. If a particular
invention , design , process, product, or device is specified in th e Contract Docu ments for use in th e
performance o f th e Work and if, to th e actual knowledge of City , its use is subject to patent rights
o r copyrights callin g for th e paym en t of any license fee o r royalty to others, the existenc e of such
rights shall b e disclose d by City in th e Contract Docu ments. Failure o f th e City to disclose such
information does not reliev e th e Contractor fro m its obligations to pay for the use o f said fees or
royalties to others.
B. To th e fullest exten t permitted b y Laws and Re gulations, Contractor shall indemnify and hold
harmless City, fro m and against all claims, costs, losses, and damages (including but not limited
to all fee s and charges of engineers, architects, attorneys, and othe r professionals and all court
o r arbitratio n o r other dispute resolutio n costs) arising out o f o r relatin g to any infringement of
paten t rights or copyrights incident to th e use in th e performance of th e Work o r resultin g from
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th e incorporation in th e Work o f any invention , design, process, product, o r device not specified
in th e Contract Documents.
6.09 Permits and Utilities
A. Contractor obtained permits and licenses. Contracto r shall obtain and pay for all construction
permits and licenses excep t those provide d for in th e Supplementary Condition s or Contract
Docu ments. City shall assist Contractor, when necessary, in obtainin g such permits and licenses.
Contracto r shall pay all governm ental charges and inspectio n fees necessary for the prosecution of
th e Work which are applicable at th e time o f openin g o f Bids, or, if there are n o Bids, on the
Effective Date o f th e Agreement, except for p ermits provided by th e City as specified in 6.09.B.
City shall pay all charge s of utility owners for connection s for providing permanent service to the
Work.
B. City obtaine d permits and licenses. City will obtain and pay f or all permits and licenses as provided
for in th e Supple m entary Condition s or Contract Docu ments. It will b e th e Contractor’s
responsibility to carry out th e provisions o f th e permit. If th e Contracto r initiates change s to the
Contrac t and th e City approves th e changes, th e Contractor is responsible for obtaining clearances
and coordinating with th e appropriate regulatory agency . Th e City will not reim burse the
Contracto r for any cost associated with th ese require ments o f any City acquire d permit. The
f ollowin g are permits th e City will obtain if required:
1 . Texa s Departm en t of Transportation Permits
2 . U.S. Army Corp s of Engineers Permits
3 . Texa s Co mmission o n Environmenta l Quality Permits
4 . Railroad Co mpan y Perm its
C. Outstanding permits and licenses. Th e City anticipates acquisitio n of and/o r access to permits
and licenses. An y outstandin g permits and licenses are anticipated to b e acquire d in accordance
with th e schedule set forth in th e Supplementary Conditions. Th e Project Schedule sub mitte d by
th e Contracto r in accordance with th e Contract Documents must consider any outstanding permits
and licenses.
6.10 Laws and Regulations
A. Contractor shall giv e all notice s require d by an d shall comply with all Laws and Regulations
applicable to th e performance o f th e Work . Excep t where otherwise expressly require d by
applicable Laws and Regulations, th e City shall not be responsible for monitoring Contractor’s
com pliance with any Laws o r Regulations.
B. If Contractor performs any Work knowing o r having reason to kno w tha t it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs, losses, an d damages (includin g but not limited
to all fees and charges o f engineers, arch itects, attorneys, and other professionals and all
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court or arbitratio n o r othe r dispute resolutio n c osts) arisin g out o f o r relatin g to such Work.
However, it shall not b e Contractor’s responsibility to make certain that th e Specifications and
Drawings are in accordanc e with Laws and Regulations, but this shall not reliev e Contractor of
Contractor’s obligation s unde r Paragraph 3.02.
C. Change s in Laws or Regulation s not known a t the time of openin g o f Bids havin g an effect on
th e cost o r time o f performanc e of th e Wor k may be th e subject of an adjustmen t in Contract Price
o r Contract Time .
6.11 Taxes
A. On a contract awarded b y th e City, an organization whic h qualifies for exemptio n pursuant to
Texa s Ta x Code, Subchapter H, Section s 151.301-335 (as amended), th e Contractor may purchase,
ren t o r lease all m aterials, sup p lie s and equipment used o r consu med in the performance o f this
contrac t by issuin g to his supplie r an exem ptio n certif icate in lie u o f th e tax, said exemption
certificate to comply with State Comptroller’s Rulin g .007 . Any such exemption certificate issued
to th e Contracto r in lieu o f th e ta x shall b e subject to and shall comply with the provisio n o f State
Com ptroller’s Rulin g .011 , and any other applicable rulings pertainin g to the Texa s Ta x Code,
Subchapter H.
B. Texas Ta x permits and information may b e obtained from:
1 . Co mptroller o f Public Accounts
Sales Tax Division
Capito l Station
Austin , TX 78711 ; or
2 . http://www.window.state.tx.us/taxinfo/taxfor ms/93 -forms.html
6.12 Use of Site and Other Areas
A. Limitatio n o n Use of Site and Other Areas:
1 . Contracto r shall confine construction equip ment, th e storage o f m aterials and equipment, and
th e operation s o f workers to th e Site and o ther area s permitted b y Laws and Regulations, and
shall not unreasonably encumber th e Site and other areas with construction equipmen t or other
materials or equip ment. Contracto r shall assume full responsibility fo r any dam age to an y such
lan d o r area, or to th e owne r or occupan t thereof, o r o f any adjacen t land o r areas resulting
fro m th e performance o f th e Work.
2 . At any time when , in th e judgment o f th e City , the Contracto r has obstructed or close d o r is
carryin g o n operation s in a portio n o f a street, right-of -way, o r easement greater than is
necessary for proper execution o f th e Work, th e City may require th e Contractor to finish the
sectio n o n which operation s are in progress b efore work is commenced o n any additional
are a o f th e Site.
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3 . Should any Damage Claim b e made by any such owner o r occupan t because o f the performance
o f th e Work , Contractor shall promptly attempt to resolv e th e Dam age Claim.
4 . Pursuan t to Paragraph 6.21, Contracto r shall indemnify and hold harmless City , fro m and
against all claims, costs, losses, an d damages arising out o f o r relatin g to any claim or action,
lega l or equitable, brought b y an y such owner or occupan t against City.
B. Remova l o f Debris During Performance o f th e Work : Durin g th e progress of th e Work
Contracto r shall keep th e Site and othe r areas free from accum ulations o f waste materials, rubbish,
and other debris. Removal and disposal of suc h waste materials, rubbish, and other debris shall
conform to applicable Laws and Regulations.
C. Site Maintenance Cleaning : 24 hours after written notice is given to th e Contracto r tha t the
clean -u p on th e jo b site is proceedin g in a manner unsatisfactory to th e City , if th e Contractor fails
to correct th e unsatisfactory procedure, th e City may tak e such direc t action as th e City deems
appropriate to correc t th e clean -u p deficiencie s cited to th e Contracto r in th e written notice
(b y lette r or electronic communication), and th e costs of such direct action , plu s 2 5 % of such
costs, shall b e deducte d from th e monies due o r to become due to th e Contractor.
D. Fina l Site Cleaning : Prior to Final Acceptance o f th e Work Contractor shall clea n th e Site and
th e Work and make it read y f or utilization by City or adjacent property owner. At th e completion
o f th e Work Contracto r shall remove from th e Site all tools, appliances, construction equipment
and machinery , and surplu s materials and shall restore to original condition o r bette r all property
disturbed b y th e Work.
E. Loadin g Structures: Contractor shall not load nor permit any part o f any structure to b e loaded
in any m anner tha t will endanger th e structure, nor shall Contractor subjec t any part o f th e Work
o r adjacen t property to stresse s or pressure s that will endange r it.
6.13 Record Documents
A. Contracto r shall m aintain in a safe place at th e Site o r in a plac e designate d b y th e Contractor and
approved b y th e City , one (1 ) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations an d clarification s in goo d order and annotated to
sho w changes m ade durin g construction. These record docu ments together with all approved
Sa m ples and a counterpart o f all accepte d Sub mittals will be available to City for reference. Upon
com pletio n of th e Work , these record docu ments, any operatio n and m aintenance m anuals, and
Subm ittals will b e delivered to City prio r to Final Inspection. Contracto r shall include accurate
location s fo r buried and imbedded items.
6.14 Safety and Protection
A. Contracto r shall be solely responsible for initiating, maintainin g and supervising all safety
precautions and programs in connection with th e Work . Suc h responsibility does not relieve
Subcontractors o f their responsibility for th e safety o f persons or property in th e performance of
their work , nor f o r compliance with applicable safety Laws and Regulations. Contracto r shall
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tak e all necessary precautions for th e safety o f , and shall provide th e necessary protectio n to
preven t damage, injury o r loss to:
1 . all person s o n th e Site or who may be affected by th e Work;
2 . all th e Work and materials and equip men t to b e incorporated therein, whether in storage on
o r of f th e Site; and
3 . other property at th e Site o r adjacen t thereto , includin g trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Undergroun d Facilities not designated for
removal, relocation, o r replacemen t in th e course o f construction.
B. Contracto r shall comply with all applicable Laws and Regulation s relating to th e saf ety of
person s or property , or to th e protectio n of persons or property from dam age, injury, o r loss; and
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notif y owners o f adjacen t property and o f Undergroun d Facilities and other utility owners when
prosecution o f th e Work m ay affect them, and shall cooperate with them in th e protection,
removal, relocation, and replacemen t o f their property.
C. Contracto r shall comply with th e applicable require ments of City’s safety programs, if any.
D. Contracto r shall inform City of th e specific requirements of Contractor’s safety program, if any,
with whic h City’s employees and representatives must comply while at th e Site.
E. All dam age, injury , o r loss to any property referred to in Paragrap h 6.14.A.2 or 6.14.A.3 caused,
directly o r indirectly , in whole o r in part, by Contractor, any Subcontractor, Supplier, or any other
individual or entity directly o r indirectly employed b y any o f them to perform any o f the Work, or
anyon e for whose acts any o f them may b e liable, shall b e remedied by Contractor.
F. Contractor’s duties and responsibilitie s for safety and for protection o f th e Work shall continue
until such time as all th e Wor k is completed and City ha s accepted th e Work.
6.15 Safety Representative
Contracto r shall inform City in writing of Contractor’s designated safety representativ e at th e Site.
6.16 Hazard Communicatio n Programs
Contracto r shall b e responsible for coordinating any exchange o f material safety data sheets or other
hazard comm unication information required to b e made available to or exchanged between or among
employers in accordance with Laws o r Regulations.
6.17 Emergencies and/or Rectification
A. In em ergencies affecting th e safety or protectio n o f persons o r th e Work or property a t th e Site or
adjacen t thereto , Contractor is obligate d to act to preven t threatened damage, injury , or loss.
Contracto r shall give City pro mp t written notice if Contracto r believe s tha t any signif icant
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changes in th e Work or variations from th e Contract Documents hav e been caused thereb y or are
required as a result thereo f . If City determines that a change in th e Contract Docu ments is required
because o f th e action take n b y Contractor in response to suc h an emergency, a Change Order may
b e issued.
B. Should th e Contracto r fail to respon d to a request fro m th e City to rectif y any discrepancies,
o missions, or correction necessary to conform with th e requirements o f th e Contract Docu ments,
th e City shall giv e th e Contracto r written notice that such work or change s are to be perf ormed.
Th e written notic e shall direct attentio n to th e d iscrepant condition and request th e Contractor to
tak e re m edial actio n to correc t th e condition . In th e even t th e Contracto r does not tak e positive
step s to fulfill this writte n request, o r does not sho w just cause for not takin g th e proper action,
within 24 hours, th e City may tak e suc h remedial actio n with City forces or b y contract. Th e City
shall deduct an a m ount equal to th e entire costs for suc h re medial action , plu s 25%, from any
fund s due or beco me due th e Contracto r on th e Project.
6.18 Submittals
A. Contracto r shall sub mit require d Sub mittals to City f or review and acceptance in accordance
with th e accepte d Schedule o f Sub mittals (as required by Paragraph 2.07). Each sub mittal will be
identifie d as City m ay require.
1 . Sub mit numbe r of copies specifie d in th e General Requirements.
2 . Data shown o n th e Sub mittals will be complete with respec t to quantities, dimensions, specified
performance and design criteria , materials, and similar data to sho w City the services,
materials, and equip ment Contractor proposes to provid e and to enable City to revie w the
informatio n for th e limited purposes required by Paragraph 6.18.C.
3 . Sub mittals sub mitte d a s herein provided b y Contractor and reviewed by City for
conformance with th e design concep t shall be execute d in con f or mity with th e Contract
Docu ments unless otherwise required by City.
4 . When Sub mittals are sub mitted f o r th e purpose o f showing th e installatio n in greate r detail,
their review shall not excuse Contracto r fro m requirements shown o n th e Drawings and
Specifications.
5 . For-Information -Only sub m ittals upon which th e City is not expecte d to conduct review or
tak e responsive action ma y b e so identified in th e Contract Documents.
6 . Sub mit required nu mber of Sa mples specified in th e Specifications.
7 . Clearly identif y each Sa mple a s to material, Sup plier, pertinen t data such as catalog numbers,
th e use for which intended and othe r data a s City m ay require to enable City to review the
sub m itta l for th e limited purposes required by Paragraph 6.18.C.
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B. Where a Submitta l is require d by th e Contrac t Documents o r th e Schedule o f Sub mittals, any
relate d Work performe d prio r to City’s revie w and acceptance of th e pertinent sub m ittal will be
at th e sole expense and responsibility o f Contractor.
C. City’s Review:
1 . City will provid e timely review o f require d Submittals in accordance with th e Schedule of
Sub mittals acceptable to City . City’s revie w and acceptance will be only to determin e if the
ite ms covere d b y th e sub mittals will, af te r installation o r incorporation in th e Work , conform
to th e in f ormation given in th e Contract Documents and b e compatible with th e design concept
o f th e completed Projec t a s a functionin g whole as indicated by th e Contract Documents.
2 . City’s review and acceptanc e will not exten d to means, methods, techniques , sequences, or
procedure s o f construction (except where a particular m eans, m ethod, technique, sequence,
o r procedure o f construction is specifically and expressly called for by th e Contract
Docu ments) or to safety precautions o r programs inciden t thereto. Th e review and acceptance
o f a separate ite m as suc h will not indicate approva l o f th e asse m bly in whic h th e item
functions.
3 . City’s revie w and acceptance shall not relieve Contractor from responsibility for any
variatio n fro m th e require m ents of th e Contract Docu ments unless Contracto r has complied
with th e require ments o f Sectio n 0 1 33 00 and City has given writte n acceptanc e o f each
such variatio n b y specif ic written notatio n thereof incorporate d in or accompanying the
Sub mittal. City’s revie w and acceptance shall not reliev e Contracto r fro m responsibility for
complyin g with th e requirements of th e Contract Docum ents.
6.19 Continuin g th e Work
Excep t as otherwise provided , Contractor shall carry o n th e Work and adhere to th e Project Schedule
durin g all disputes o r disagree ments with City . No Work shall be delaye d o r postponed pending
resolutio n o f any dispute s or disagree ments, excep t as City and Contracto r may otherwise agre e in
writing.
6.20 Contractor’s Genera l Warranty and Guarantee
A. Contracto r warrants and guarantees to City that a ll Work will b e in accordance with th e Contract
Docu ments and will not b e def ective. City and its o fficers, directors, members, partners,
employees, agents, consultants, and subcontractors shall b e entitled to rely o n representation of
Contractor’s warranty and guarantee.
B. Contractor’s warranty and guarantee hereunde r excludes defects o r damage caused by:
1 . abuse, modification , o r improper maintenance or operation b y persons other than Contractor,
Subcontractors, Suppliers, or any othe r individua l or entity f o r whom Contracto r is
responsible ; or
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2 . normal wear and tear under normal usage.
C. Contractor’s obligatio n to perform and complete th e Work in accorda nce with th e Contract
Docu ments shall b e absolute . Non e o f th e f ollowin g will constitute an acceptance o f Work that is
not in accordanc e with th e Contract Docum ents or a release o f Contractor’s obligatio n to perform
th e Work in accordance with the Contract Docu ments:
1 . observations b y City;
2 . reco mmendatio n o r payment b y City of any progress o r final pay ment;
3 . th e issuance of a certificate of Final Acceptance b y City or any pay ment related thereto by
City;
4 . use o r occupancy of th e Work or any part thereof b y City;
5 . any review and acceptance o f a Sub mitta l by City;
6 . any inspection , test, o r approva l b y others; or
7 . any correctio n of defectiv e Work by City.
D. Th e Contracto r shall remedy any defects o r damage s in th e Work and pay for any damage to
othe r work o r property resultin g therefrom whic h shall appea r within a perio d o f tw o (2 ) years
fro m th e date o f Fina l Acceptanc e of th e Work unless a longe r perio d is specified and shall furnish
a goo d and sufficient maintenance bond, co mplyin g with th e require m ents of Article
5.02.B. Th e City will giv e notic e of observed defects with reasonable promptness.
6.21 Indemnification
A. Contracto r covenants and agrees to indemnify , hold harmless and defend, a t its own
expense , the City , its officers, servants and employees, fro m and against any and all claims
arising out of, o r alleged to arise out of, the work and service s to be performe d by the
Contractor , its officers, agents, employees, subcontractors, license s o r 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, indemnity fo r costs, expense s and legal
fee s incurred by the City in defending against such claims and causes o f actions.
B. Contracto r covenants and agree s to indemnify and hold harmless, a t its o wn expense, the City,
its officers, servants and employees, fro m and against any and all loss, damage or destruction
o f property o f the City , arising out of, o r alleged to arise out of, the work and services 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
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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 b e required to provid e pro fe ssional design service s unless such services are
specifically require d b y th e Contrac t Documents for a portion o f th e Work o r unless such services
are required to carry out Contractor’s responsibilitie s for construction means, methods, techniques,
sequence s and procedures.
B. If professional design services o r certification s by a design professional related to systems,
materials o r equip men t are specifically require d o f Contractor b y th e Contract Docu ments, City
will specif y all perf ormance and design criteria tha t such service s must satisf y . Contractor shall
cause such services o r certification s to b e provide d b y a properly licensed professional, whose
signature and sea l shall appear o n all drawings, calculations, specifications, certifications, and
Subm ittals prepare d b y such professional. Sub mittals relate d to th e Work designe d o r certified by
such pro f essional, if prepare d b y others, shall bea r such pro f essional’s writte n approval when
sub mitted to City.
C. City shall b e entitled to rely upon th e adequac y, accurac y and com pleteness o f th e services,
certification s o r approvals performed by such design professionals, provided City has specified
to Contracto r performance and design criteria that such services mus t satisfy.
D. Pursuan t to this Paragrap h 6.22 , City’s revie w and acceptance o f design calculations and design
drawings will b e only f or th e limited purpose o f checking f o r conformance with performance and
design criteria given and th e design concept expressed in th e Contract Documents. City’s review
and acceptance o f Sub mittals (excep t design calcu lation s and design drawings) will b e only for
th e purpose state d in Paragrap h 6.18.C.
6.23 Right to Audit
A. Th e Contracto r agree s that th e City shall, u ntil th e expiratio n o f three (3 ) years a f ter f inal
pay ment under this Contract, have access to and th e right to examin e and photocop y any directly
pertinen t books, documents, papers, and records o f th e Contracto r involvin g transaction s relating
to this Contract. Contractor agrees that th e City shall hav e access during Regular Working Hours
to all necessary Contractor f acilities and shall be provide d adequate and appropriate work space
in orde r to conduct audits in com pliance with th e provision s o f this Paragraph . Th e City shall
giv e Contracto r reasonable advance notic e of intended audits.
B. Contracto r further agrees to includ e in all its subcontracts hereunder a provisio n to th e effec t that
th e subcontracto r agrees that th e City shall, until th e expiratio n of three (3) years a f ter f inal
pay ment under this Contract, have access to and th e right to examin e and photocop y any directly
pertinen t books, documents, papers, and record s o f suc h Subcontractor, involving transactions to
th e subcontract, and further, that City shall hav e access during Regula r Workin g Hours to all
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Subcontracto r f acilities, and shall b e provide d adequate and appropriate work space in order to
conduc t audits in compliance with th e provision s o f this Paragraph . Th e City shall give
Subcontracto r reasonable advance notice of intende d audits.
C. Contracto r and Subcontractor agre e to photocopy such docu ments as may be requested by the City.
Th e City agrees to reimburse Contracto r for th e cost of th e copie s as follows at th e rate published
in th e Texas Administrative Cod e in effect as o f th e time copying is performed.
6.24 Nondiscrimination
A. Th e City is responsible for operatin g Public Transportation Program s and implementing transit-
relate d projects, whic h are funde d in part with Federal financial assistance awarde d b y th e U.S.
Departm ent of Transportatio n and th e Federa l Transit Administratio n (FTA), without
discriminating against any person in th e Unite d States on th e basis o f race, color, o r national origin.
B. Title VI, Civil Rights Act o f 1964 a s amended: Contractor shall compl y with th e requirements of
th e Act and th e Regulation s a s further defined in th e Supple mentary Conditions for any project
receivin g Federal assistance.
ARTICLE 7 – OTHER WORK AT THE SITE
7.01 Relate d Work at Site
A. City ma y perform othe r work related to th e Project at th e Site with City’s employees, o r other
City contractors, o r through other direct contracts therefor, or have other work performed by utility
owners. If suc h othe r work is not note d in th e Contract Docu ments, the n written notice thereof
will b e given to Contractor prior to starting any such other work; and
B. Contracto r shall afford each other contractor wh o is a party to such a direc t contract, each utility
owner, and City , if City is performin g other work with City’s employees o r other City contractors,
prope r and safe access to th e Site , provide a reasonable opportunity for the introduction and storage
o f m aterials and equip men t and th e executio n of such other work , and properly coordinate the
Work with theirs. Contracto r shall d o all cutting, fitting, and patchin g of th e Work that may be
required to properly connect o r otherwise m ake its severa l parts come together and properly
integrate with suc h other work . Contracto r shall not endanger any work of others b y cutting,
excavating, o r otherwise altering such work; provided, however, that Contracto r m ay cut or alter
others' work with th e written consent o f City and th e others whose work will b e affected.
C. If th e proper execution o r results o f any part o f Contractor’s Wor k depends upon work performed
b y others under this Article 7, Contracto r shall in spect such othe r work and pro m ptly report to
City in writin g any delays, defects, or deficiencies in such othe r work tha t render it unavailable
o r unsuitable fo r th e proper execution and results o f Contractor’s Work. Contractor’s failure to so
report will constitute an acceptanc e o f such othe r work as fit and prope r for integratio n with
Contractor’s Wor k except for latent defects in the work provided b y others.
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7.02 Coordination
A. If City intend s to contract with others f o r th e performance o f other work o n th e Projec t at the
Site, th e following will be set forth in Supplementary Conditions:
1 . th e individua l or entity who will hav e autho rity and responsibility for coordination o f the
activitie s among th e various contractors will b e identified;
2 . th e specific matters to b e covered b y such authority and responsibility will b e ite mized ; and
3 . th e exten t o f suc h authority and responsibilities will b e provided.
B. Unless otherwise provided in th e Supple mentary Conditions, City shall hav e authority for such
coordination.
ARTICLE 8 – CITY’S RESPONSIBILITIES
8.01 Communications to Contractor
Excep t as otherwise provided in th e Supplementary Conditions, City shall issu e all communications
to Contractor.
8.02 Furnish Data
City shall timely furnish th e data required under th e Contract Documents.
8.03 Pa y When Due
City shall m ake payments to Contracto r in accordance with Article 14.
8.04 Land s and Easements; Reports an d Tests
City’s dutie s with respec t to providin g land s an d ease ments and providing engineering surveys to
establish reference points are set forth in Paragraph s 4.01 and 4.05 . Paragrap h 4.0 2 refers to City’s
identifying and makin g available to Contracto r copies o f reports of exploration s and tests of subsurface
condition s and drawings of physical conditions relating to existin g surface or subsurface structures at
o r contiguou s to th e Site that hav e bee n utilize d b y City in preparing th e Contract Docum ents.
8.05 Chang e Orders
City shall execute Change Orders in accordance with Paragrap h 10.03.
8.06 Inspections, Tests, and Approvals
City’s responsibility with respec t to certain inspections, tests, and approvals is set forth in Paragraph
13.03.
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8.07 Limitation s o n City’s Responsibilities
A. Th e City shall not supervise, direct, o r hav e contro l or authority over, nor b e responsible for,
Contractor’s means, methods, techniques, sequence s, or procedure s o f construction , or th e safety
precautions and programs incident thereto, o r for an y failure o f Contractor to com ply with Laws
and Regulation s applicable to th e performance of th e Work . City will not b e responsible for
Contractor’s failure to perform th e Wor k in accordanc e with th e Contract Documents.
B. City will notif y th e Contractor o f applica ble safety plans pursuant to Paragrap h 6.14.
8.08 Undisclosed Hazardous Environmental Condition
City’s responsibility with respec t to an undisclosed Hazardous Environmental Condition is set forth
in Paragrap h 4.06.
8.09 Complianc e with Safety Program
While a t th e Site, City’s employees and representa tives shall comply with th e specific applicable
require ments of Contractor’s safety programs o f which City has been in formed pursuant to
Paragrap h 6.14.
ARTICLE 9 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION
9.01 City’s Projec t Manager
City will provid e one o r more Project Manager(s) durin g th e constructio n period . Th e duties and
responsibilitie s and th e limitation s o f authority o f City’s Project Manager during construction are set
f orth in th e Contrac t Docu ments. The City’s Project Manager for this Contract is identified in the
Supplementary Conditions.
9.02 Visits to Site
A. City’s Project Manager will make visits to th e Site at intervals appropriate to th e various stages
o f constructio n as City deems necessary in order to observ e th e progress tha t has been made and
th e quality o f th e variou s aspects o f Contractor’s executed Work . Based on in f ormation
obtaine d during suc h visits and observations, City’s Project Manager will determine, in general, if
th e Work is proceed ing in accordance with th e Contract Docu ments. City’s Project Manager will
not b e required to make exhaustiv e o r continuous inspections o n th e Site to check th e quality or
quantity of the Work . City’s Projec t Manager’s efforts will b e directed toward providing City a
greate r degre e o f con f idence that th e completed Work will conf orm generally to th e Contract
Docu ments.
B. City’s Project Manager’s visits and observations are subjec t to all th e limitations on authority and
responsibility in th e Contrac t Docu ments includin g those set forth in Paragraph
8.07.
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9.03 Authorize d Variation s in Work
City’s Project Manager may authorize mino r variations in th e Work fro m th e require ments of the
Contrac t Docu ments which d o not involve an adjustmen t in th e Contract Pric e o r th e Contract Time
and are com patible with th e design concep t o f th e complete d Project as a functioning whole as
indicate d by th e Contract Docu ments. These may b e accom plishe d b y a Field Order and will be
bindin g o n City and also on Contractor, who shall perform th e Work involved promptly.
9.04 Rejectin g Defective Work
City will hav e authority to reject Work which City ’s Project Manager believes to b e defective, or will
not produc e a completed Project that con for ms to th e Contrac t Docu ments or that will prejudic e th e
integrity of th e design concep t o f th e completed Project as a functioning whole as indicate d b y the
Contrac t Docu ments. City will hav e authority to conduct special inspection or testin g o f th e Work as
provided in Article 13, whether o r not th e Work is fabricated, installed, or completed.
9.05 Determination s fo r Work Performed
Contracto r will determ in e th e actual quantities and classifications o f Work perfor med. City’s Project
Manager will review with Contractor th e preliminary determinations on such matters before rendering
a written reco mmendation. City’s written decision will b e fina l (except as modifie d to reflect changed
factual conditions o r mor e accurate data).
9.06 Decision s o n Requirements o f Contrac t Documents and Acceptability of Work
A. City will be th e initia l interpreter of th e require ments o f th e Contract Docu ments and judge of the
acceptability of th e Work thereunder.
B. City will render a written decisio n o n any issu e referred.
C. City’s written decisio n on th e issu e ref erred will b e f inal and bindin g o n th e Contractor, subject
to th e provisions of Paragraph 10.06.
ARTICLE 1 0 – CHANGES IN THE WORK; CLAIMS; EXTRA WORK
10.0 1 Authorized Changes in th e Work
A. Withou t invalidatin g th e Contract and without notice to any surety , City may , at any time or from
time to time, order Extra Work . Upo n notice o f such Extra Work , Contracto r shall pro mptly
procee d with th e Work involved which will b e p erforme d under th e applicable condition s of the
Contrac t Docu ments (excep t as otherwise specifically provided). Extra Work shall be
memorialized by a Change Order which may or may not precede an order of Extra work.
B. Fo r mino r change s of Work not requirin g changes to Contract Time o r Contrac t Price, a Field
Orde r m ay be issued b y th e City.
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10.0 2 Unauthorize d Changes in th e Work
Contracto r shall not b e entitled to a n increase in th e Contract Pric e o r a n extensio n o f th e Contract
Time with respect to any work performed that is not required b y th e Contract Documents as amended,
modified, or supplemented as provide d in Paragrap h 3.04 , except in th e case o f an e m ergency as
provided in Paragraph 6.17.
10.0 3 Executio n o f Change Orders
A. City and Contractor shall execute appropriate Change Orders covering:
1 . change s in th e Work which are: (i) ordered b y City pursuant to Paragrap h 10.01.A, (ii) required
because o f acceptance o f defectiv e Work under Paragrap h 13.0 8 o r City’s correction of
defective Work under Paragrap h 13.09, or (iii) agreed to by th e parties;
2 . change s in th e Contract Pric e o r Contrac t Time which are agreed to b y th e parties, including
any undispute d sum or am ount o f tim e for Work actually performed.
10.0 4 Extra Work
A. Should a difference arise as to what does or does not constitute Extra Work, o r as to th e payment
thereof , and th e City insists upo n its performance, th e Contracto r shall proceed with th e work after
makin g writte n request fo r written orders and shall keep accurate account o f th e actual reasonable
cost thereof. Contract Claims rega rdin g Extra Work shall be m ad e pursuan t to Paragraph 10.06.
B. Th e Contracto r shall f urnish th e City such installation record s of all deviations from th e original
Contrac t Docu ments as may be necessary to enable th e City to prepare for perm anent record a
corrected set o f plans showing th e actua l installation.
C. Th e compensatio n agree d upon for Extra Work whether o r not initiate d b y a Change Order shall
b e a f ull, complete and f inal pay ment f o r all costs Contractor incurs as a result o r relatin g to the
change o r Extra Work , whether said costs are known , unknown, foreseen o r unforeseen at that
time , includin g withou t limitation, any costs for delay, extended overhead , ripple or impac t cost,
o r any othe r effec t o n changed o r unchanged work as a result o f th e change or Extra Work.
10.0 5 Notificatio n to Surety
If th e provisions o f any bon d require notice to b e give n to a surety o f any change affecting the general
scop e o f th e Work o r th e provision s o f th e Contrac t Docu ments (including, but not limited to,
Contrac t Price or Contract Time), th e giving o f any such notice will be Contractor’s responsibility.
Th e amount o f each applicable bond will b e adjuste d b y th e Contracto r to reflect the effect of any
such change.
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10.0 6 Contract Claims Process
A. City’s Decisio n Required : All Contract Claims, excep t those waived pursuant to Paragraph
14.09 , shall b e referre d to th e City for decision. A decisio n b y City shall be require d a s a condition
precedent to any exercise by Contractor o f any rights o r re m edies h e m ay otherwise hav e under
th e Contract Docu ments o r b y Laws and Regulation s in respect of such Contract Claims.
B. Notice:
1 . Written notic e statin g th e general nature of each Contract Claim shall be delivered b y the
Contracto r to City n o later tha n 15 day s after th e start o f th e even t giving rise thereto . The
responsibility to substantiate a Contrac t Claim shall rest with th e party makin g th e Contract
Claim .
2 . Notic e o f th e a m ount or extent of th e Contract Claim , with supporting data shall b e delivered
to th e City o n o r before 4 5 day s from th e start o f th e event givin g rise thereto (unless th e City
allows additional time for Contractor to sub m it additional o r more accurate data in support of
such Contract Claim).
3 . A Contract Claim for an adjustment in Contrac t Price shall be prepare d in accordanc e with
th e provisions o f Paragraph 12.01.
4 . A Contract Claim for an adjustment in Contract Time shall be prepare d in accordanc e with
th e provisions o f Paragraph 12.02.
5 . Each Contrac t Claim shall b e accompanied by Contractor’s writte n statement tha t the
adjustment claimed is th e entire adjustment to whic h th e Contracto r believes it is entitled as a
result of said event.
6 . Th e City shall sub mit any response to th e Con tracto r within 3 0 day s after receip t o f the
claim ant’s last submitta l (unless Contract allows additional time).
C. City’s Actio n: City will revie w each Contract Claim and , within 3 0 day s after receip t of th e last
sub mittal of the Contractor, if any, take one o f th e followin g actions in writing:
1 . den y th e Contract Claim in whole o r in part;
2 . approve th e Contract Claim; or
3 . notif y th e Contracto r tha t th e City is unable to resolv e th e Contrac t Claim if , in th e City’s
sole discretion, it would be inappropriate for th e City to do so . Fo r purposes o f further
resolutio n o f th e Contract Claim, such notice shall be deem ed a denial.
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D. City’s written actio n under Paragrap h 10.06.C will b e fina l and binding, unless City or
Contracto r invok e th e dispute resolution procedure set forth in Article 1 6 within 3 0 day s of such
actio n o r denial.
E. No Contract Claim f o r an adjustment in Contrac t Price or Contract Time will b e valid if not
sub mitted in accordance with this Paragraph 10.06.
ARTICLE 1 1 – COST OF TH E WORK; ALLOWANCES; UNIT PRICE WORK; PLANS
QUANTITY MEASUREMENT
11.0 1 Cost of th e Work
A. Costs Included: Th e term Cost of th e Work means th e sum o f all costs, except those excluded in
Paragrap h 11.01.B, necessarily incurred and paid b y Contractor in th e proper perform ance of the
Work . When th e valu e o f any Work covered b y a Change Order, th e costs to b e reimburse d to
Contracto r will b e only those additional o r incre mental costs required because of th e change in the
Work . Suc h costs shall not includ e any o f th e costs ite mized in Paragrap h 11.01.B, and shall
includ e but not b e limited to the following ite ms:
1 . Payroll costs for e mployees in th e direct emp lo y o f Contracto r in th e performance of the
Work under schedules o f jo b classification s agreed upon by City and Contractor. Such
e m ployees shall include , withou t limitation , superintendents, fore men, and other personnel
e m ployed full time o n th e Work. Payroll costs for employees not employed full time o n the
Work shall b e apportione d o n th e basis o f their time spen t o n th e Work. Payroll costs shall
include;
a . salaries with a 55% m arkup , or
b . salaries and wage s plu s th e cost of fringe benefits, which shall include social security
contributions, unemployment, excise , and pay roll taxes, workers’ compensation, health
and retirement benefits, bonuses, sick leave, vacatio n and holiday pay applicable thereto.
Th e expense s o f performing Work outsid e o f Regula r Working Hours, Weekend
Working Hours, o r legal holidays, shall b e in cluded in th e above to th e exten t authorized
by City.
2 . Cost o f all materials and equipmen t furnished and incorporated in th e Work, including costs
o f transportatio n and storage thereof , and Suppliers’ field services required in connection
therewith.
3 . Rentals of all construction equipmen t and m achinery , and th e parts thereo f whether rented
fro m Contractor o r others in accordance with rental agreements approved b y City, and the
costs o f transportation, loading, unloading, assembly, dismantling, and removal thereof. All
such costs shall b e in accordance with th e terms o f said renta l agreements. Th e rental of any
such equip ment, machinery , o r parts shall cease whe n th e use thereo f is n o longer necessary
for th e Work.
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4 . Pay ments made b y Contracto r to Subcontractors for Work perform ed b y Subcontractors. If
require d by City , Contracto r shall obtain competitive bids f rom subcontractors acceptable to
City and Contracto r and shall deliver suc h bid s to City , who will then determine, which bids,
if any , will b e acceptable. If any subcontrac t provide s that th e Subcontractor is to be paid on
th e basis o f Cost of th e Work plus a fee, th e Subcontractor’s Cost of th e Work and fee shall
b e determine d in th e same m anne r as Contractor’s Cost o f th e Work and fee a s provided in
this Paragrap h 11.01.
5 . Costs o f specia l consultants (includin g but not limite d to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
to th e Work.
6 . Supple mental costs including th e following:
a . Th e proportion o f necessary transportation , travel, and subsistence expenses of
Contractor’s employees incurred in discharge of duties connected with th e Work.
b . Cost, includin g transportation and m aintenance, o f all materials, supplies, equipment,
m achinery, appliances, office, and te mporary f acilities at th e Site, and han d tools not
owned by the workers, whic h are consumed in the performance o f the Work , an d cost, less
m arke t value , of suc h ite ms use d but not consu med whic h remain th e property of
Contractor.
c . Sales, consu mer , use , and other simila r taxes related to th e Work , and for which
Contracto r is liable not covere d under Paragrap h 6.11 , as imposed b y Laws and
Regulations.
d . Deposits lost for cause s othe r than negligence of Contractor, any Subcontractor, or
anyon e directly o r indirectly e mploye d b y any of the m o r for whose acts any o f them may
be liable, and royalty pay ments and fees for permits and licenses.
e . Losse s and damage s (an d related expenses) caused by damage to th e Work , not
compensated by insuranc e or otherwise, sustained by Contracto r in connectio n with the
performanc e of th e Work , provided such losses and damages hav e resulted fro m causes
othe r than th e negligenc e o f Contractor, any Subcontractor, o r anyone directly or indirectly
employe d b y any o f the m or for whose acts any o f them may be liable. Such losse s shall
includ e settlements made with th e written consen t and approval of City . No suc h losses,
damages, and expense s shall b e include d in th e Cost o f th e Work f or the purpose of
determinin g Contractor’s fee.
f . Th e cost o f utilities, fuel, and sanitary facilities at th e Site.
g. Minor expense s such as telegra ms, lon g distance telephon e calls, telephone and
communication services a t th e Site, express and courier services, and sim ila r petty cash
ite ms in connection with th e Work.
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h . Th e costs of premium s fo r all bonds and insuranc e Contractor is required b y th e Contract
Docu ments to purchase and maintain.
B. Costs Excluded : The term Cost of th e Work shall not include any o f the following ite ms:
1 . Payroll costs and othe r compensatio n o f Contractor’s officers, executives , principals (of
partnerships and sole proprietorships), genera l managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasin g and contractin g agents,
expediters, tim ekeepers, clerks, and other personnel employed by Contractor, whether at the
Site o r in Contractor’s principal or branc h o ffice for general administration o f th e Work and
not specifically included in th e agreed upon schedule o f jo b classification s referred to in
Paragrap h 11.01.A.1 or specifically covered by Paragrap h 11.01.A.4, all o f which are to be
considered adm inistrativ e costs covere d b y th e Contractor’s fee.
2 . Expenses of Contractor’s principal and branch offices other than Contractor’s office at the
Site.
3 . An y part o f Contractor’s capital expenses, includin g interest o n Contractor’s capital
e m ployed fo r th e Work and charges against Contractor for delinquent payments.
4 . Costs due to th e negligenc e o f Contractor, any Subcontractor, o r anyon e directly o r indirectly
e m ployed b y any o f the m o r for whose acts an y of them may b e liable, includin g but not
limite d to , th e correctio n o f defectiv e Work , disposa l o f materials o r equip ment wrongly
supplied , and m aking goo d any damage to property.
5 . Other overhead or general expense costs o f any kind.
C. Contractor’s Fee: When all th e Work is performed on th e basis o f cost-plus, Contractor’s fee
shall be determined as set f orth in th e Agreement. When th e valu e of any Work covered by a
Change Order for an adjustment in Contrac t Price is determined o n th e basis o f Cost o f the
Work , Contractor’s fee shall b e determined as set forth in Paragrap h 12.01.C.
D. Documentation : Whenever th e Cost o f th e Work for any purpose is to be determined pursuant to
Paragraph s 11.01.A and 11.01.B, Contracto r will establish and maintain record s thereo f in
accordanc e with generally accepted accounting practices and submit in a form acceptable to City
an ite m ize d cost breakdown together with supportin g data.
11.0 2 Allowances
A. Specified Allowance: It is understoo d that Contracto r h as include d in th e Contrac t Price all
allowance s so name d in th e Contract Docu ments and shall cause th e Work so covered to be
perf orme d f or such sums and b y such person s o r entities as may b e acceptable to City.
B. Pre-bid Allowances:
1 . Contracto r agrees that:
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a . th e pre-bid allowances include th e cost to Contracto r of materials and equipment required
by th e allowances to b e delivered at th e Site, and all applicable taxes; and
b . Contractor’s costs for unloadin g and handlin g on th e Site, labor, installation , overhead,
profit, and other expense s contemplated for th e pre-bid allowances hav e bee n included in
th e allowances , and n o demand for additional pay ment o n account o f any o f the
f oregoing will be valid.
C. Contingenc y Allowance: Contractor agrees tha t a contingency allowance, if any , is for th e sole use
o f City.
D. Prio r to fina l pay ment, an appropriate Change Order will b e issued to reflect actual amounts due
Contracto r on accoun t o f Work covered b y allo wances, and th e Contract Pric e shall be
correspondingly adjusted.
11.0 3 Unit Price Work
A. Where th e Contrac t Docum ents provide that all o r part of th e Work is to b e Unit Price Work,
initially th e Contract Pric e will b e dee med to includ e for all Unit Pric e Work an amount equal to
th e sum o f th e unit price for each separately identified item o f Unit Pric e Work times the estimated
quantity of each ite m a s indicate d in th e Agreement.
B. Th e estimated quantitie s of item s of Unit Price Work are not guarantee d and are solely f o r the
purpose o f compariso n of Bid s and determinin g an initial Contract Price. Determinations o f the
actua l quantities and classification s of Unit Price Work performed b y Contracto r will b e made by
City subjec t to th e provisions of Paragraph 9.05.
C. Each unit price will b e deem ed to include an amount considere d b y Contractor to b e adequate to
cove r Contractor’s overhea d and profit for each separately identified ite m . Work describe d in the
Contrac t Docu ments, o r reasonably inferre d a s required for a functionally complete installation,
but not identifie d in th e listin g o f unit price ite ms shall be considered incidenta l to unit price work
listed and th e cost o f incidenta l work included as part o f th e unit price.
D. City m ay make an adjustmen t in th e Contract Price in accordance with Paragraph 12.01 if:
1 . th e quantity o f any ite m o f Unit Price Work perf ormed b y Contractor differs materially and
signif icantly f rom the estimated quantity o f such item indicated in th e Agreement; and
2 . there is n o correspondin g adjustment with respect to any othe r item of Work.
E. Increased o r Decreased Quantities: Th e City reserves th e righ t to order Extra Work in
accordanc e with Paragrap h 10.01.
1 . If th e change s in quantitie s o r th e alteration s d o not signif icantly change th e character of
work under th e Contrac t Docu ments, th e altered work will be paid for at th e Contrac t unit
price.
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2 . If th e change s in quantitie s o r alteration s signif icantly change th e characte r o f work , the
Contrac t will b e amended b y a Change Order.
3 . If n o unit prices exist, this will b e considered Extra Work and th e Contract will be amended
b y a Change Order in accordance with Article 12.
4 . A significan t change in th e character of work occurs when:
a . th e character o f work for any Item a s altered d iffers m aterially in kin d o r nature from that
in th e Contrac t or
b . a Majo r Item o f work varie s by mor e than 25% from th e origina l Contrac t quantity.
5 . When th e quantity of work to b e done under any Majo r Item o f th e Contrac t is more than
125% of th e original quantity sta ted in th e Contract, then either party to th e Contrac t ma y
request an adjustment to th e unit price o n th e portion of th e work that is abov e 125%.
6 . When th e quantity o f work to b e done unde r any Majo r Ite m of th e Contract is less than 75%
o f th e original quantity state d in th e Contract, then eithe r party to th e Contract m ay request
a n adjustmen t to th e unit price.
11.0 4 Plan s Quantity Measurement
A. Plans quantitie s m ay o r may not represen t th e ex act quantity o f work perfor med o r m aterial moved,
handled , o r placed durin g th e executio n o f th e Contract. Th e estimated bid quantitie s are
designate d as final payment quantities, unless revised b y th e governin g Section o r this Article.
B. If th e quantity m easured as outline d under “Price and Pay ment Procedures” varies b y more than
25% (o r as stipulated under “Pric e and Pay ment Procedures” for specific Items) fro m th e total
estim ate d quantity f o r an individual Item originally shown in th e Contract Docu ments, an
adjustment may b e made to th e quantity o f authorized work don e for pay ment purposes. The party
to th e Contrac t requestin g th e adjustm ent will provid e f ield measurements and calculations
showin g th e f inal quantity f or which pay ment will be made. Payment f or revised quantity will be
made at th e unit price bid for that Ite m, except as provide d for in Article 10.
C. When quantities are revised by a change in design approved by th e City , by Change Order, or to
correc t an error, o r to correct a n erro r on th e plans, th e plan s quantity will b e increase d or decreased
b y th e a m ount involved in th e change, and th e 25% varianc e will apply to th e new plans quantity.
D. If th e tota l Contrac t quantity multiplie d b y th e unit price bid f o r an individual Item is less than
$250 and th e Item is not originally a plan s quantity Item, the n th e Ite m may b e paid as a plans
quantity Item if th e City and Contracto r agree in writin g to f ix th e f inal quantity as a plans quantity.
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E. Fo r callou t work o r non-site specific Contracts, th e plan s quantity measurement require ments are
not applicable.
ARTICLE 1 2 – CHANGE O F CONTRACT PRICE; CHANGE O F CONTRACT TIME
12.0 1 Change of Contract Price
A. Th e Contract Price may only be changed by a Change Order.
B. Th e valu e o f any Wor k covered by a Change Orde r will b e determined as follows:
1 . where th e Work involved is covered by unit price s contained in th e Contract Docu ments, by
applicatio n o f such unit prices to th e quantities of th e ite ms involved (subject to the provisions
o f Paragrap h 11.03); or
2 . where th e Work involved is not covered b y unit prices contained in th e Contract Docu ments,
b y a mutually agreed lu mp sum o r unit price (which may include a n allowance for overhead
and profit not necessarily in accordance with Paragrap h 12.01.C.2), and shall include th e cost
o f any secondary impacts that are foreseeable at th e time of pricin g th e cost o f Extra Work;
or
3 . where th e Work involved is not covered by unit price s contained in th e Contract Documents
and agreement to a lu mp sum o r unit pric e is not reache d under Paragraph 12.01.B.2 , on the
basis of th e Cost o f th e Work (determined a s provided in Paragrap h 11.01 ) plus a Contractor’s
fee for overhead and profit (determined as provided in Paragraph 12.01.C).
C. Contractor’s Fee: Th e Contractor’s additional fee fo r overhead and profit shall b e determined as
f ollows:
1 . a mutually acceptable fixed fee ; or
2 . if a fixed fee is not agreed upon, then a fee b ased on th e following percentage s o f th e various
portion s o f th e Cost o f th e Work:
a . for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3 , the
Contractor’s additional fe e shall b e 1 5 percent except for:
1) renta l fees for Contractor’s own equipment usin g standard rental rates;
2) bonds and insurance;
b . for costs incurred under Paragraph 11.01.A.4 an d 11.01.A.5, th e Contractor’s fee shall be
fiv e percen t (5%);
1) where one o r more tiers o f subcontracts are o n th e basis o f Cost o f th e Work plu s a
fee and no fixe d fee is agreed upon, th e inten t o f Paragraph s 12.01.C.2.a and
12.01.C.2.b is that th e Subcontracto r who actually performs th e Work , at whatever
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tier, will be paid a fee o f 1 5 percent of th e costs incurred b y suc h Subcontractor under
Paragraph s 11.01.A.1 and 11.01.A.2 and that any higher tie r Subcontractor and
Contracto r will each b e paid a fee o f fiv e percen t (5%) o f th e amoun t paid to th e next
lower tier Subcontractor, howeve r in no case shall th e cumulative total o f fees paid be
in excess o f 25%;
c . n o fee shall b e payable o n th e basis o f costs item ize d under Paragraph s 11.01.A.6 , and
11.01.B;
d . th e amount o f credit to b e allowe d b y Contracto r to City for any change whic h results in
a net decrease in cost will b e th e amount of th e actual net decrease in cost plus a deduction
in Contractor’s fee b y an a mount equal to five percent (5%) o f such net decrease.
12.0 2 Change of Contract Time
A. Th e Contract Time ma y only b e changed by a Change Order.
B. No extension o f th e Contract Time will b e allo we d for Extra Wor k or for claimed dela y unless the
Extra Work contemplated o r claimed delay is shown to b e o n th e critical path of th e Project
Schedule o r Contracto r can show by Critical Path Metho d analysis how th e Extra Work or claimed
delay adversely affects the critical path.
12.0 3 Delays
A. Where Contracto r is reasonably delayed in th e performance o r completio n of any part of the
Work within th e Contract Time due to delay b eyon d th e contro l o f Contractor, th e Contract Time
may be extended in an amount equa l to th e time lost due to such delay if a Contrac t Claim is made
therefor. Delay s beyond th e contro l o f Contractor shall include, but not b e lim ite d to , acts o r
neglec t by City , acts o r neglect o f utility owners o r other contractors performing other work as
conte mplate d b y Article 7, fires, floods, epidemics, abnorm al weathe r conditions, or acts of God.
Such an adjustment shall b e Contractor’s sole and exclusiv e remedy for th e delay s describe d in
this Paragraph.
B. If Contracto r is delayed, City shall not b e liable to Contracto r for any claims, costs, losses, or
dam age s (includin g but not limite d to all fees and ch arges of engineers, architects, attorneys, and
othe r professionals and all court or arbitratio n o r othe r dispute resolutio n costs) sustained by
Contracto r on or in connectio n with any other projec t o r anticipated project.
C. Contracto r shall not b e entitled to an adjustm ent in Contrac t Price o r Contract Time f or delays
within th e contro l o f Contractor. Delay s attributable to and within th e control o f a Subcontractor
o r Supplie r shall b e deemed to b e delay s within the control o f Contractor.
D. Th e Contracto r shall receive no compensatio n for delay s o r hindrances to th e Work , except when
direc t and unavoidable extra cost to th e Contractor is caused b y th e failure o f th e City to provide
information or material, if any , which is to b e furnished b y th e City.
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ARTICLE 1 3 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL O R ACCEPTANCE OF
DEFECTIVE WORK
13.0 1 Notice o f Defects
Notice o f all defective Work o f which City has actual knowledge will be given to Contractor.
Defectiv e Work may be rejected , corrected, o r accepted as provided in this Article 13.
13.0 2 Access to Work
City , independen t testin g laboratories, and govern mental agencies with jurisdictiona l interests will
hav e access to th e Site and th e Work at reasonable times for their observation, inspection, and testing.
Contracto r shall provid e them proper and sa f e condition s for such access and advise them of
Contractor’s safety procedure s and programs so that the y may comply therewith as applicable.
13.0 3 Tests and Inspections
A. Contractor shall giv e City timely notice of read iness of th e Work for all require d inspections,
tests, o r approvals and shall cooperate with in spection and testing personnel to facilitate required
inspections or tests.
B. If Contract Docu ments, Laws o r Regulation s of any public body having jurisdiction require any
o f th e Work (or part thereof) to b e inspected , tested , o r approved , Contracto r shall assu me full
responsibility for arrangin g and obtaining such independent inspections, tests, retests or approvals,
pay all costs in connection therewith, and furnish City th e require d certificates of inspectio n or
approval; excepting, however, those fees specifically identifie d in the Supplementary Conditions
o r any Texas Departm en t of Licensure and Regulation (TDLR) inspections, which shall b e paid as
describe d in th e Supplementary Conditions.
C. Contractor shall b e responsible for arranging an d obtaining and shall pay all costs in connection
with any inspections, tests, re-tests, o r approvals require d fo r City’s acceptanc e o f materials or
equip ment to b e incorporated in th e Work; o r acceptance o f m aterials, m ix designs, o r equipment
sub mitted f o r approval prio r to Contractor’s purchase thereo f f o r incorporatio n in th e Work.
Such inspections , tests, re-tests, o r approvals shall b e performed b y organizations acceptable to
City.
D. City may arrange for th e services o f an ind ependent testin g laboratory (“Testin g Lab”) to
perform any inspection s o r tests (“Testing”) for any part o f th e Work , a s determ ined solely by
City.
1 . City will coordinate such Testin g to th e extent possible, with Contractor;
2 . Should any Testin g under this Sectio n 13.0 3 D result in a “fail”, “did not pass” o r other
sim ila r negativ e result, th e Contracto r shall b e responsible for paying for any and all retests.
Contractor’s cancellatio n withou t cause o f City initiated Testing shall b e dee m ed a negative
result and require a retest.
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3 . An y amounts owed for any retest unde r this Section 13.0 3 D shall b e paid directly to the
Testin g La b b y Contractor. City will forward all invoices fo r retests to Contractor.
4 . If Contractor f ails to pay th e Testin g Lab , City will not issu e Fina l Pay ment until th e Testing
La b is paid.
E. If any Work (or th e work o f others) that is to be inspected , tested, o r approve d is covered by
Contracto r withou t written concurrence o f City , Contracto r shall, if requeste d by City , uncover
such Work for observation.
F. Uncoverin g Work as provided in Paragrap h 13.03.E shall b e a t Contractor’s expense.
G. Contractor shall hav e th e righ t to make a Contract Claim regardin g any retest o r invoice issued
under Section 13.0 3 D.
13.0 4 Uncovering Work
A. If any Work is covered contrary to th e Contract Documents or specific instructions b y th e City, it
must, if requested by City, b e uncovered for City’s observatio n and replace d at Contractor’s
expense.
B. If City considers it necessary or advisable tha t covered Work be observed b y City o r inspected or
teste d by others, Contractor, at City’s request, sh all uncover, expose, or otherwise m ake available
for observation, inspection, o r testin g as City ma y require, that portio n of th e Work in question,
furnishing all necessary labor, material, and equipment.
1 . If it is foun d that th e uncovere d Work is defective , Contractor shall pay all claims, costs,
losses, and damage s (including but not limited to all fee s and charge s of engineers, architects,
attorneys, and other professionals and all court o r other dispute resolutio n costs) arising out of
o r relating to such uncovering, exposure , observation , inspection, and testing, and of
satisfactory replacement o r reconstruction (including but not limite d to all costs of repair or
replacemen t o f work o f others); or City sh all be entitled to accept defectiv e Work in accordance
with Paragrap h 13.08 in which case Contractor shall still b e responsible for all costs associated
with exposing, observing, and testin g th e defectiv e Work.
2 . If th e uncovered Work is not foun d to b e defectiv e, Contracto r shall b e allowe d an increase
in th e Contrac t Price o r an extensio n of th e Contract Tim e, o r both , directly attributable to such
uncovering, exposure, observation, inspection, testing, replace ment, and reconstruction.
13.0 5 City May Sto p th e Work
If th e Work is defective, o r Contracto r fails to supply sufficient skille d workers o r suitable materials
o r equip m ent, o r f ails to perf orm th e Work in su ch a way that th e completed Work will conf orm to
th e Contrac t Documents, City ma y order Contractor to sto p the Work, or any portion thereof, until the
cause for such order has been eliminated ; however, this righ t o f City to sto p th e Work shall not give
rise to any duty o n th e part of City to exercise this righ t f o r th e benefit o f Contractor, any
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Subcontractor, any Supplier, any other individual o r e ntity , or any surety for, o r employee or agen t of
any of them.
13.0 6 Correction o r Removal o f Defectiv e Work
A. Pro mptly after receip t o f writte n notice, Contracto r shall correc t all defective Work pursuant to
an acceptable schedule , whether o r not fabricated, installed , o r completed, or, if th e Work has been
rejected b y City , re m ove it fro m th e Project and replace it with Work that is not def ective.
Contracto r shall pay all claims, costs, addition al testing, losses, and dam ages (includin g but not
limite d to all fee s and charges o f engineers, architects, attorneys, and other professionals and all
court o r arbitratio n or other dispute resolution costs) arisin g out of o r relatin g to such correction
o r re m oval (includin g but not limited to all costs of repair o r replace m en t o f work o f others).
Failure to require th e removal of any defectiv e Work shall not constitute acceptanc e of such Work.
B. When correctin g defective Work under th e terms o f this Paragrap h 13.0 6 o r Paragrap h 13.07,
Contracto r shall tak e n o actio n that would void o r otherwise impair City’s special warranty and
guarantee , if any, o n said Work.
13.0 7 Correction Period
A. If within two (2) years after the date o f Fina l Acceptance (o r su ch longer perio d o f tim e as may be
prescribe d b y th e terms o f any applicable special guarantee required b y th e Contract Docu ments),
any Work is foun d to b e defective , or if th e repair o f any damages to th e lan d or area s made
available f o r Contractor’s use b y City o r perm itte d by Laws and Regulation s as contemplated in
Paragrap h 6.10.A is found to be defective, Contracto r shall pro mptly , without cost to City and in
accordanc e with City’s written instructions:
1 . repair such defective land o r areas; or
2 . correct such defectiv e Work; or
3 . if th e defective Work has been rejected by City , rem ove it fro m th e Projec t and replace it
with Work tha t is not defective , and
4 . satisfactorily correct or repair o r remove and replace any damage to other Work , to th e work
o f others or other lan d o r areas resulting therefro m.
B. If Contracto r does not pro mptly comply with th e terms of City’s written instructions, o r in an
emergenc y where dela y would cause serious risk of loss or damage, City may have th e defective
Work corrected or repaire d or ma y have th e rejecte d Work removed and replaced. All claims,
costs, losses, and damages (includin g but not limite d to all fee s and charges o f engineers,
architects, attorneys, and other professionals a nd all court o r other dispute resolution costs) arising
out o f o r relating to such correction or repair o r such removal and replacement (including but not
limite d to all costs of repair o r replace ment o f work o f others) will b e paid b y Contractor.
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C. In special circum stances where a particular item o f equip ment is place d in continuous service
before Final Acceptance o f all th e Work, th e correction period for tha t ite m may start to run from
an earlier date if so provide d in th e Contract Documents.
D. Where defective Work (and dam age to other Work resultin g therefrom) has been corrected or
removed and replaced under this Paragrap h 13.07 , th e correctio n perio d hereunde r with respect
to suc h Work ma y b e require d to b e extended fo r an additional period of one year after the end of
th e initia l correctio n period. City shall provid e 30 day s writte n notic e to Contractor should such
additiona l warranty coverage b e required. Contracto r may dispute this requirement b y filin g a
Contrac t Claim, pursuant to Paragrap h 10.06.
E. Contractor’s obligation s under this Paragrap h 13.0 7 are in additio n to any othe r obligatio n or
warranty . Th e provisions o f this Paragrap h 13.0 7 shall not be construe d as a substitute for, o r a
waive r of, the provisions of any applicable statute o f limitation o r repose.
13.0 8 Acceptance o f Defective Work
If , instea d of requirin g correctio n or removal and replacemen t o f defective Work, City prefers to
accept it, City may d o so. Contracto r shall pay all claims, costs, losses, and damages (including but
not limite d to all f ees and charge s o f engineers, architects, attorneys, and other professionals and all
court or other dispute resolution costs) attributable to City’s evaluatio n o f and determinatio n to accept
such defective Work and for th e diminished valu e o f th e Work to th e exten t not otherwise paid by
Contractor. If any such acceptanc e occurs prio r to Final Acceptance , a Change Orde r will be issued
incorporatin g th e necessary revisions in th e Contrac t Documents with respec t to th e Work, an d City
shall b e entitled to a n appropriate decrease in th e Contract Price, ref lecting th e diminished value of
Work so accepted.
13.0 9 City May Correc t Defective Work
A. If Contracto r f ails within a reasonable time af ter written notice f ro m City to correct def ective
Work , or to remove and replace rejected Work as require d b y City in accordanc e with Paragraph
13.06.A, or if Contracto r fails to perform th e Work in accordanc e with th e Contract Docu ments,
o r if Contracto r fails to com ply with any other provisio n of th e Contract Docu ments, City may,
af ter seve n (7) days written notice to Contractor, correct, o r remed y any such deficiency.
B. In exercisin g th e rights and remedies under this Paragraph 13.09 , City shall proceed
expeditiously. In connection with such corrective o r remedial action , City may exclude Contractor
fro m all o r part o f th e Site, take possession o f all o r part o f th e Work and suspend Contractor’s
services relate d thereto , and incorporate in th e Work all materials and equipment incorporated in
th e Work , stored at th e Site o r for which City has paid Contractor but which are stored elsewhere.
Contracto r shall allo w City , City’s representatives, agents, consultants, e mployees, and City’s
othe r contractors, access to th e Site to enable City to exercise th e rights an d remedie s under this
Paragraph.
C. All claims, costs, losses, and damage s (includin g but not limite d to all fees and charges of
engineers, architects, attorneys, and othe r professionals and all court or other dispute resolution
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costs) incurred o r sustained b y City in exercisin g th e rights and remedies under this Paragraph
13.0 9 will be charged against Contractor, and a Change Order will be issued incorporatin g the
necessary revisions in th e Contrac t Documents with respec t to th e Wo rk ; and City shall be entitled
to an appropriate decrease in th e Contract Price.
D. Contractor shall not b e allowed an extensio n o f th e Contract Time because o f any dela y in the
performance of th e Work attributable to th e ex ercise o f City’s rights and remedies under this
Paragrap h 13.09.
ARTICLE 1 4 – PAYMENTS TO CONTRACTOR AND COMPLETION
14.0 1 Schedule o f Values
Th e Schedule o f Values for lu m p sum contracts e stablished as provided in Paragrap h 2.07 will serve
as th e basis f o r progress pay ments and will b e inco rporated into a f orm o f Applicatio n f or Payment
acceptable to City . Progress payments o n account o f Unit Pric e Work will be based o n th e number of
units completed.
14.0 2 Progress Payments
A. Applications fo r Payments:
1 . Contracto r is responsible for providing all information as required to become a vendor of the
City.
2 . At least 20 day s before th e date established in th e Genera l Require ments for each progress
pay ment, Contractor shall submit to City f or review a n Applicatio n f or Payment f illed out and
signed b y Contracto r covering th e Work completed as o f th e date o f th e Application and
accompanied by such supportin g documentatio n as is required by th e Contract Documents.
3 . If pay ment is requested o n th e basis of materials and equip ment not incorporated in th e Work
but delivered and suitably stored at th e Site or at anothe r locatio n agree d to in writing, the
Applicatio n for Pay ment shall also be accompanied by a bill o f sale, invoice, o r other
docu mentation warranting tha t City has received the materials and equipment free and clear of
all Lien s and evidence tha t th e materials and equip ment are covere d b y appropriate insurance
o r other arrange m ents to protect City’s interest therein , all o f which must be satisfactory to
City.
4 . Beginnin g with th e secon d Application for Pay ment, each Applicatio n shall include an affidavit
o f Contracto r stating that previous progress payments received o n accoun t o f the Work have
bee n applied on account to discharge Contractor’s legitimate obligations associate d with prior
Applications for Payment.
5 . Th e amount o f retainage with respec t to progress pay ments will b e as stipulated in the
Contrac t Documents.
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B. Review of Applications:
1 . City will, after receip t o f each Applicatio n for Pay ment, either indicate in writing a
reco mmendation o f pay ment o r return th e Applicatio n to Contracto r indicating reasons for
refusin g pay m ent. In th e latte r case , Contracto r may m ake th e necessary corrections and
resub mit th e Application.
2 . City’s processing o f any pay men t requested in an Applicatio n f or Pay ment will be based on
City’s observation s o f th e executed Work , an d o n City’s review of th e Applicatio n f o r Payment
and th e accompanying data and schedules, that to th e best of City’s knowledge:
a . th e Work has progressed to th e point indicated;
b . th e quality o f th e Work is generally in acco rdance with th e Contract Documents (subject
to an evaluation of th e Wor k a s a functioning whole prior to o r upon Final Acceptance, the
results o f any subsequen t tests called for in th e Contrac t Docu ments, a final determination
of quantitie s and classification s for Work performed under Paragrap h 9.05, an d any other
qualifications stated in th e recomm endation).
3 . Processin g any such paymen t will not thereby be deemed to have represented that:
a . inspections m ade to check th e quality o r th e quantity o f th e Work as it has been
performed hav e been exhaustive, extended to every aspect o f th e Work in progress, or
involved detailed inspections o f the Work beyond th e responsibilitie s specifically assigned
to City in th e Contrac t Docu ments; or
b . there may not b e othe r matters o r issues between th e parties that migh t entitle Contractor
to be paid additionally by City o r entitle City to withhold paymen t to Contractor, or
c . Contracto r has complied with Laws and Regulations applicable to Contractor’s performance
of th e Work.
4 . City may refuse to process th e whole o r any part o f any pay ment because o f subsequently
discovered evidence or th e results o f subsequent inspections or tests, and revise o r revoke
any such pay m ent previously made, to such extent as m ay be necessary to protect City from
loss because:
a . th e Work is def ective, o r th e complete d Work has been damaged b y th e Contracto r or his
subcontractors , requiring correctio n or replacement;
b . discrepancie s in quantities contained in previou s applications fo r payment;
c . th e Contrac t Price ha s bee n reduced b y Change Orders;
d . City has bee n required to correct def ective Work o r complete Work in accordance with
Paragrap h 13.09; or
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e . City has actual knowledge o f th e occurrence of any of th e events enu merated in
Paragrap h 15.02.A.
C. Retainage:
1 . Fo r contracts less than $400,00 0 at th e time o f execution , retainage shall b e ten percent
(10%).
2 . Fo r contracts greater than $400,00 0 at th e time of execution, retainage shall b e fiv e percent
(5%).
D. Liquidate d Damages. Fo r each calendar day that any work shall re m ain uncomplete d after the
time specif ied in th e Contract Docu ments, th e su m per day specif ie d in th e Agreement, will be
deducte d from the m onies due th e Contractor, no t as a penalty , but as liquidated dam ages suffered
b y th e City.
E. Payment: Contracto r will b e paid pursuan t to th e require m ents of this Article 1 4 and payment
will beco me due in accordance with the Contract Documents.
F. Reductio n in Payment:
1 . City may refuse to make paymen t o f th e amoun t requested because:
a . Liens hav e bee n filed in connectio n with th e Work , except where Contractor has
delivered a specific bond satisfactory to City to secure th e satisfaction and discharge of
suc h Liens;
b . there are other items entitling City to a set-off against th e amount recomm ended; or
c . City has actual knowledge o f th e occurrence of any of th e events enu merated in
Paragraph s 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A.
2 . If City refuse s to make pay ment o f th e amount requested, City will giv e Contracto r written
notic e stating th e reason s for suc h actio n an d pay Contracto r any amount remainin g after
deductio n of th e amoun t so withheld. City shall pay Contracto r th e amoun t so withheld, or any
adjustment thereto agree d to by City and Contractor, whe n Contractor remedies the reasons
for suc h action.
14.0 3 Contractor’s Warranty of Title
Contracto r warrants and guarantee s that title to all Work , materials, and equip ment covered b y any
Applicatio n for Pay ment, whethe r incorporated in th e Project o r not, will pass to City n o later than the
time o f pay ment free and clear o f all Liens.
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14.0 4 Partial Utilization
A. Prio r to Final Acceptanc e o f all th e Work , City may use o r occup y any substantially completed
part of th e Work which has specifically been identifie d in the Contract Docu ments, or which City,
determines constitute s a separately f unctionin g and usable part o f th e Work that can be used
b y City for its intended purpose without significan t interference with Contractor’s performance of
th e remainder of th e Work. City at any time may notify Contracto r in writing to permit City to use
o r occup y any such part of th e Work which City determine s to b e read y for its intended use, subject
to th e following conditions:
1 . Contracto r at any time ma y notif y City in writing tha t Contracto r considers any such part of
th e Work read y for its intended use.
2 . Within a reasonable time after notificatio n as enu merated in Paragrap h 14.05.A.1, City and
Contracto r shall make an inspectio n o f tha t p art o f th e Work to determin e its status of
completion. If City does not consider that part of th e Work to b e substantially complete, City
will notif y Contractor in writing givin g th e reasons therefor.
3 . Partial Utilizatio n will not constitute Final Acceptanc e by City.
14.0 5 Fina l Inspection
A. Upo n writte n notice from Contractor that th e entire Work is complete in accordanc e with the
Contrac t Docum ents:
1 . within 1 0 days, City will schedule a Final Inspection with Contractor.
2 . City will notif y Contracto r in writin g o f all particulars in whic h this inspectio n reveals that
th e Work is inco mplete o r defective. Contractor shall immediately tak e such measures as are
necessary to complete such Work or remedy such deficiencies.
B. No time charge will b e made against th e Contracto r betwee n said date o f notification o f th e City
and th e date of Fina l Inspection . Should th e City determ in e that th e Work is not read y for Final
Inspection, City will notif y th e Contracto r in writin g of th e reasons and Contract Time will resu me.
14.0 6 Fina l Acceptance
Upo n completion by Contractor to City’s satisfaction, o f any additional Work identified in th e Final
Inspection, City will issu e to Contracto r a letter o f Final Acceptance.
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14.0 7 Fina l Payment
A. Applicatio n fo r Payment:
1 . Upo n Final Acceptance , and in th e opinio n of City , Contractor ma y make an application for
fina l payment following th e procedure for progress payments in accordanc e with the
Contrac t Documents.
2 . Th e fina l Application fo r Paymen t shall b e accompanied (except as previously delivered) by:
a . all docu mentation called for in th e Contract Docu ments, including but not lim ite d to the
evidence o f insurance required by Paragrap h 5.03;
b . consent o f th e surety, if any, to final payment;
c . a list o f all pendin g o r released Damage Claims against City that Contractor believes are
unsettled ; and
d . affidavits o f paym ents and complete and legally effectiv e releases o r waivers
(satisfactory to City ) o f all Lien rights arisin g out o f o r Lien s filed in connectio n with the
Work.
B. Paymen t Becomes Due:
1 . Afte r City’s acceptance of th e Applicatio n for Pay ment and accompanyin g docu mentation,
requeste d b y Contractor, less previous pay ments made and any sum City is entitled,
includin g but not limite d to liquidated damages, will become due and payable.
2 . Afte r all Dam age Claims have been resolved:
a . directly b y th e Contracto r or;
b . Contracto r provides evidence that th e Damage Claim has bee n reported to Contractor’s
insurance provider fo r resolution.
3 . Th e makin g of th e fina l payment by th e City shall not relieve th e Contractor o f any
guarantees o r other require m ents o f th e Contract Docu ments which specif ically continue
thereafter.
14.0 8 Fina l Completio n Delaye d and Partia l Retainag e Release
A. If final completio n of th e Work is significantly delayed, and if City so confirms, City may, upon
receip t of Contractor’s final Application for Pay ment, and without terminating th e Contract, make
pay ment o f th e balance due for that portion of th e Work fully complete d and accepted. If the
remainin g balance to b e held by City f or Work not f ully completed or corrected is less than the
retainage stipulate d in Paragrap h 14.02.C, and if bonds hav e been furnished a s require d in
Paragrap h 5.02 , th e written consen t o f th e surety to th e pay ment o f th e balanc e due for that
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portio n of th e Work fully completed and accepted shall b e sub mitte d b y Contractor to City with
th e Applicatio n for such pay ment. Suc h pay me nt shall b e m ade under th e terms and conditions
governin g final payment, excep t that it shall not constitute a waiver of Contract Claims.
B. Partia l Retainag e Release. Fo r a Contract that provides for a separate vegetativ e establishment
and maintenance , and test and performance period s following th e completio n o f all other
construction in th e Contract Docu ments for all Wo rk locations, th e City m ay release a portion of
th e amount retaine d provided that all other work is complete d as determined by th e City. Before
th e release, all sub mittals and f ina l quantities must be com pleted and accepted for all other work.
An amount sufficien t to ensure Contrac t compliance will b e retained.
14.0 9 Waiver o f Claims
Th e acceptance o f final pay ment will constitute a release of th e City fro m all claims o r liabilities
under th e Contract for anythin g done o r furnish ed o r relatin g to th e work under th e Contract
Docu ments o r any act or neglect of City related to o r connecte d with th e Contract.
ARTICLE 1 5 – SUSPENSION OF WORK AND TERMINATION
15.0 1 City May Suspen d Work
A. At any time and withou t cause, City may suspend th e Work or any portion thereof by written
notic e to Contracto r and whic h may f ix th e date o n which Work will b e resu med. Contractor shall
resu me th e Work on th e date so fixed . During temporary suspension of th e Wor k covered by these
Contrac t Docu ments, for any reason, the City will make n o extra pay ment for stand -by time of
construction equip ment and/o r construction crews.
B. Should th e Contractor not b e able to complete a portio n o f th e Project due to causes beyond the
contro l o f and withou t th e fault o r negligence of th e Contractor, and should it b e determined by
mutua l consent o f th e Contracto r and City that a solutio n to allow constructio n to procee d is not
available within a reasonable perio d o f time, Contracto r ma y request an extensio n in Contract
Time, directly attributable to an y such suspension.
C. If it should beco me necessary to suspend th e Work for an indefinite period, th e Contractor shall
store all materials in suc h a manne r tha t they will not obstruc t o r impede th e public unnecessarily
nor beco me damaged in any way , and h e shall tak e every precautio n to preven t damage or
deterioratio n of th e work performed; he shall provid e suitable drainage about th e work , and erect
te mporary structures where necessary.
D. Contracto r may b e reimbursed for th e cost o f moving his equipmen t off th e jo b and returning the
necessary equip ment to th e jo b when it is dete rmined by th e City that constructio n may be
resu med. Suc h reimbursemen t shall b e base d on actual cost to th e Contracto r of m ovin g the
equip ment and n o pro fit will be allowed . Reimbursement may not be allowed if th e equipment is
moved to anothe r constructio n project for th e City.
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15.0 2 City May Terminate fo r Cause
A. Th e occurrenc e o f any one o r more of th e f ollowing events b y way o f exa mple, but not of limitation,
may justif y termination for cause:
1 . Contractor’s persisten t failure to perform th e Work in accordance with th e Contract Documents
(including, but not limite d to , failure to supply sufficien t skilled workers or suitable materials
o r equip ment, failure to a dhere to th e Project Schedule establishe d under Paragrap h 2.07 as
adjuste d from tim e to time pursuan t to Paragrap h 6.04 , o r failure to adhere to th e City’s
Business Diversity Enterprise Ordinance #20020 -12 -2011established under Paragraph
6.06.D);
2 . Contractor’s disregard o f Laws o r Regulation s o f any public body havin g jurisdiction;
3 . Contractor’s repeated disregard of the authority of City ; or
4 . Contractor’s violatio n in any substantia l way o f any provision s o f th e Contrac t Docu ments;
or
5 . Contractor’s failure to pro mptly make goo d any defec t in materials o r work m anship, or
defects o f any nature , th e correction o f whic h has been directed in writing b y th e City; or
6 . Substantia l indicatio n that th e Contracto r has made an unauthorize d assign ment o f the
Contrac t o r any funds due therefro m for th e benefit o f any credito r o r for any othe r purpose;
or
7 . Substantia l evidence that th e Contracto r has becom e insolvent or bankrupt, o r otherwise
financially unable to carry o n th e Work satisfactorily; or
8 . Contracto r co mm ences legal actio n in a court o f competent jurisdiction against th e City.
B. If one or more o f th e events identified in Paragrap h 15.02A. occur, City will provid e written notice
to Contracto r and Surety to arrange a conference with Contracto r and Surety to address
Contractor's failure to perform th e Work . Conferenc e shall be held not late r than 1 5 days, after
receip t of notice.
1 . If th e City, th e Contractor, and th e Surety do not agree to allow th e Contracto r to proceed to
perf orm th e constructio n Contract, th e City may, to th e exten t permitted b y Laws and
Regulations, declare a Contracto r default and f o rm ally terminate th e Contractor's righ t to
complete th e Contract. Contracto r default shall not b e declare d earlie r tha n 2 0 day s after the
Contracto r and Surety hav e received notic e o f conference to address Contractor's failure to
perform the Work.
2 . If Contractor's services are terminated, Surety shall b e obligated to tak e ove r and perform the
Work . If Surety does not commence performa nc e thereof within 1 5 consecutive calendar days
a f ter date o f an additional written notice demanding Surety 's perfor manc e o f its
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obligations, then City , withou t process o r actio n at law, may tak e over any portio n o f the
Work and complete it as described below.
a . If City completes th e Work , City ma y exclud e Contracto r and Surety fro m th e site and
tak e possession of th e Work , and all materials and equipment incorporated into th e Work
store d at th e Site o r f or which City has paid Contracto r o r Surety but which are stored
elsewhere , and finish th e Work as City may deem expedient.
3 . Whether City o r Surety com plete s th e Work , Contracto r shall not b e entitled to receiv e any
furthe r pay ment until th e Work is finished. If th e unpaid balance o f th e Contract Price exceeds
all claims, costs, losse s and damages su staine d by City arisin g out of o r resulting f ro m
completin g th e Work, suc h excess will b e p aid to Contractor. If such claims, costs, losses and
damages exceed such unpaid balance , Contractor shall pay th e difference to City. Suc h claims,
costs, losses and damages incurred b y City will b e incorporated in a Change Order, provided
tha t whe n exercising any rights o r remedies under this Paragraph, City shall not b e required to
obtain th e lowest price for th e Work performed.
4 . Neither City , nor any o f its respectiv e consultants, agents, officers, directors o r employees
shall b e in any way liable o r accountable to Contracto r or Surety for th e method b y which the
completio n o f th e said Work , or any portion th ereof, may be accomplished or for th e price paid
therefor.
5 . City , notwithstanding th e metho d use d in completing th e Contract, shall not forfeit th e right
to recove r dam ages from Contractor o r Surety f o r Contractor's f ailure to timely complete the
entire Contract. Contractor shall not be entitled to any claim o n accoun t o f th e m etho d used
b y City in com pletin g th e Contract.
6 . Maintenanc e o f th e Work shall continu e to b e Contractor's and Surety 's responsibilities as
provided for in th e bond require ments o f th e Contract Docu ments o r any specia l guarantees
provided for under th e Contract Documents o r an y other obligations otherwise prescribed by
law.
C. Notwithstandin g Paragraph s 15.02.B, Contractor’s serv ices will not be terminate d if Contractor
begin s within seve n days o f receipt o f notice o f intent to term inate to correct its f ailure to perform
and proceed s diligently to cure such failure within no more than 3 0 days o f receip t of said notice.
D. Where Contractor’s service s hav e bee n so terminated b y City , th e termination will not affect any
rights o r remedies o f City against Contracto r the n existin g or which may thereafter accrue. Any
retentio n o r pay ment of money s due Contracto r by City will not release Contractor f rom liability.
E. If and to th e exten t that Contracto r has provided a performance bond under th e provisions of
Paragrap h 5.02, th e termination procedures of that bond shall not supersede th e provisions of this
Article.
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15.0 3 City May Terminate Fo r Convenience
A. City m ay, withou t cause and without prejudic e to an y other righ t o r remedy o f City, terminate the
Contract. Any term ination shall b e effected b y mailing a notic e of th e term inatio n to the Contractor
specifyin g th e extent to whic h performance of Work under th e contract is terminated, and th e date
upon whic h such terminatio n beco me s effective. Receip t o f th e notice shall be dee med
conclusively presumed and established when th e letter is placed in th e United States Postal Service
Mail by th e City . Further, it sh all be deemed conclusively presu med and establishe d that such
terminatio n is made with just cause as therein stated ; and n o proof in any claim, demand or suit
shall b e required of the City regarding suc h discretionary action.
B. After receip t o f a notice o f te rmination, and excep t a s otherwise directed by th e City, the
Contracto r shall:
1 . Sto p work under th e Contract o n th e date and to th e exten t specified in th e notice of termination;
2 . place n o furthe r orders o r subcontracts for materials, services o r facilities excep t a s may be
necessary for completion of such portio n o f th e Work under th e Contract as is not terminated;
3 . term inate all orders and subcontracts to th e extent that they relate to th e perf ormance o f the
Work terminated b y notice o f termination;
4 . transfe r title to th e City and deliver in th e manner, a t th e times, and to th e extent, if any,
directed b y th e City:
a . th e fabricate d o r unfabricate d parts, Work in progress, completed Work , supplie s and
othe r material produced as a part of , o r acquired in connectio n with th e performance of,
th e Work terminated by th e notice o f the termination; and
b . th e completed , o r partially complete d plans, drawings, information and other property
which , if th e Contrac t had been completed , would hav e bee n required to be furnishe d to
th e City.
5 . complete performance o f such Work as shall not hav e been terminated b y th e notic e of
term ination ; and
6 . tak e suc h actio n a s may b e necessary , o r a s th e City may direct, for th e protectio n and
preservation o f th e property related to its contrac t which is in th e possession o f the
Contracto r and in whic h th e owner has or ma y acquire th e rest.
C. At a time not later than 30 day s after th e term in ation date specified in th e notice of termination,
th e Contracto r may submit to th e City a list, certifie d as to quantity and quality, of any o r all items
o f term ination inventory not previously d ispose d of , exclusive o f ite ms th e dispositio n of which
has been directed o r authorize d b y City.
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D. Not later than 15 day s thereafter, th e City sh all accept title to such ite ms provided , that th e list
sub mitted shall b e subject to verificatio n by th e City upon removal of th e ite ms or, if th e items are
stored , within 45 day s from th e date of sub mission of th e list, and any necessary adjustments to
correc t th e list as sub mitted, shall be made prior to final settlement.
E. Not later than 6 0 day s after th e notic e of termination, th e Contractor shall submit his termination
claim to th e City in th e f or m and with th e certificatio n prescribed b y the City . Unless an extension
is made in writin g within suc h 6 0 day period by th e Contractor, and granted b y the City , any and
all suc h claims shall b e conclusively deemed waived.
F. In such case, Contractor shall be paid fo r (without duplication o f any ite ms):
1 . completed and acceptable Work executed in acco rdance with th e Contract Docu ments prior
to th e effectiv e date o f termination, includin g f air and reasonable sums for overhead and profit on
such Work;
2 . expenses sustained prio r to th e effectiv e date o f terminatio n in performing services and
furnishing labor, materials, o r equip men t as required by th e Contrac t Docu ments in connection
with unco mpleted Work, plus fair and reasonable sums for overhead and profit o n such expenses;
and
3 . reasonable expenses directly attributable to termination.
G. In th e even t o f th e failure o f th e Contractor and City to agre e upon th e whole am ount to b e paid
to th e Contracto r by reaso n o f th e terminatio n o f th e Work , th e City shall determine, on th e basis
o f information available to it, th e a mount, if any, due to th e Contractor b y reason o f the termination
and shall pay to th e Contracto r th e a mounts determined. Contractor shall not b e paid o n account
o f loss of anticipate d profits o r revenu e or other econom ic loss arisin g out o f or resultin g from
such term ination.
ARTICLE 1 6 – DISPUTE RESOLUTION
16.0 1 Methods and Procedures
A. Eithe r City o r Contracto r may request mediation of any Contract Claim sub mitte d fo r a decision
under Paragraph 10.06 before such decisio n becomes final and binding. Th e request for mediation
shall b e sub mitte d to th e othe r party to th e Contract. Timely sub missio n of th e request shall stay
th e effec t o f Paragrap h 10.06.E.
B. City and Contractor shall participate in th e mediatio n process in goo d faith. Th e process shall be
commenced within 6 0 days o f filin g o f th e request.
C. If th e Contract Claim is not resolved b y m ediation, City’s actio n under Paragrap h 10.06.C o r a
denia l pursuan t to Paragraphs 10.06.C.3 or 10.06.D shall become final and bindin g 3 0 days after
terminatio n o f the mediation unless, within that time period , City o r Contractor:
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1 . elects in writin g to invok e any other dispute resolution process provide d for in the
Supple mentary Conditions; or
2 . agrees with th e other party to sub mit th e Contrac t Claim to anothe r dispute resolution
process; or
3 . gives writte n notice to th e other party o f th e intent to sub mit th e Contract Claim to a court of
competent jurisdiction.
ARTICLE 1 7 – MISCELLANEOUS
17.0 1 Givin g Notice
A. Whenever any provision o f th e Contract Documents requires th e givin g o f writte n notice, it will
b e deemed to have bee n validly give n if:
1 . delivere d in perso n to th e individua l or to a member of th e firm or to an officer o f the
corporation fo r whom it is intended; or
2 . delivere d at or sen t b y registered o r certified mail, postage prepaid , to th e last business
address known to th e giver o f th e notice.
B. Business address change s must be promptly made in writin g to th e other party.
C. Whenever th e Contract Docu ments specifies givin g notic e b y electronic means such electronic
notic e shall b e deemed sufficient upon confirmation of receip t by th e receiving party.
17.0 2 Computatio n o f Times
When any perio d o f tim e is ref erre d to in th e Contract Docu ments b y days, it will b e computed to
exclud e th e first and includ e th e last day of such period. If th e last day o f any such perio d falls on a
Saturda y or Sunda y o r on a day made a lega l holiday th e next Working Day shall beco me th e last day
o f th e period.
17.0 3 Cumulative Remedies
Th e dutie s and obligations imposed b y these General Conditions and the rights an d remedies available
hereunder to th e parties hereto are in additio n to , and are not to b e construed in any way as a limitation
of , any rights and remedies available to any o r all of them which are otherwise imposed o r available
b y Laws or Regulations, b y specia l warranty o r guarantee, or b y other provision s o f the Contract
Docu ments. Th e provisions o f this Paragrap h will b e as effectiv e as if repeated specifically in the
Contrac t Docu ments in connectio n with each particula r duty , obligation, right, and re m edy to which
they apply.
CITY OF FORT WORTH
STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS
Revision: March 9, 2020
00 72 00 - 1
GENERAL COND ITION S
Page 63 of 63
17.0 4 Survival of Obligations
All representations, inde mnifications, warranties, and guarantee s made in , require d by, o r give n in
accordance with th e Contrac t Docu ments, as well as all continuing obligation s indicate d in the
Contrac t Docu ments, will surviv e fina l pay ment, completion , and acceptanc e o f th e Work or
terminatio n o r completio n of th e Contract or termination o f th e services o f Contractor.
17.0 5 Headings
Article and paragraph headings are inserted for convenienc e only and do not constitute parts o f these
General Conditions.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
STANDARD CITY CONDITIONS
OF THE CONSTRUCTION CONTRACT
FOR DEVELOPER AWARDED PROJECTS
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
STANDARD CITY CONDITIONS OF THE
CONSTRUCTION CONTRACT
FOR DEVELOPER AWARDED PROJECTS
TABLE OF CONTENTS
Page
Article 1 – Definitions and Terminology .......................................................................................................... 1
1.01 Defined Terms ............................................................................................................................... 1
1.02 Terminology .................................................................................................................................. 5
Article 2 – Preliminary Matters ......................................................................................................................... 6
2.01 Before Starting Construction ........................................................................................................ 6
2.02 Preconstruction Conference .......................................................................................................... 6
2.03 Public Meeting .............................................................................................................................. 6
Article 3 – Contract Documents and Amending ............................................................................................... 6
3.01 Reference Standards ..................................................................................................................... 6
3.02 Amending and Supplementing Contract Documents .................................................................. 6
Article 4 – Bonds and Insurance ....................................................................................................................... 7
4.01 Licensed Sureties and Insurers ..................................................................................................... 7
4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7
4.03 Certificates of Insurance ............................................................................................................... 7
4.04 Contractor’s Insurance .................................................................................................................. 9
4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12
Article 5 – Contractor’s Responsibilities ........................................................................................................ 12
5.01 Supervision and Superintendent ................................................................................................. 12
5.02 Labor; Working Hours ................................................................................................................ 13
5.03 Services, Materials, and Equipment ........................................................................................... 13
5.04 Project Schedule .......................................................................................................................... 14
5.05 Substitutes and “Or-Equals” ....................................................................................................... 14
5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16
5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16
5.08 Wage Rates.................................................................................................................................. 18
5.09 Patent Fees and Royalties ........................................................................................................... 19
5.10 Laws and Regulations ................................................................................................................. 19
5.11 Use of Site and Other Areas ....................................................................................................... 19
5.12 Record Documents ...................................................................................................................... 20
5.13 Safety and Protection .................................................................................................................. 21
5.14 Safety Representative ................................................................................................................. 21
5.15 Hazard Communication Programs ............................................................................................. 22
5.16 Submittals .................................................................................................................................... 22
5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
5.18 Indemnification ........................................................................................................................... 24
5.19 Delegation of Professional Design Services .............................................................................. 24
5.20 Right to Audit: ............................................................................................................................ 25
5.21 Nondiscrimination....................................................................................................................... 25
Article 6 – Other Work at the Site ................................................................................................................... 26
6.01 Related Work at Site ................................................................................................................... 26
Article 7 – City’s Responsibilities................................................................................................................... 26
7.01 Inspections, Tests, and Approvals .............................................................................................. 26
7.02 Limitations on City’s Responsibilities ....................................................................................... 26
7.03 Compliance with Safety Program ............................................................................................... 27
Article 8 – City’s Observation Status During Construction ........................................................................... 27
8.01 City’s Project Representative ..................................................................................................... 27
8.02 Authorized Variations in Work .................................................................................................. 27
8.03 Rejecting Defective Work .......................................................................................................... 27
8.04 Determinations for Work Performed .......................................................................................... 28
Article 9 – Changes in the Work ..................................................................................................................... 28
9.01 Authorized Changes in the Work ............................................................................................... 28
9.02 Notification to Surety .................................................................................................................. 28
Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28
10.01 Change of Contract Price ............................................................................................................ 28
10.02 Change of Contract Time............................................................................................................ 28
10.03 Delays .......................................................................................................................................... 28
Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29
11.01 Notice of Defects ........................................................................................................................ 29
11.02 Access to Work ........................................................................................................................... 29
11.03 Tests and Inspections .................................................................................................................. 29
11.04 Uncovering Work ....................................................................................................................... 30
11.05 City May Stop the Work ............................................................................................................. 30
11.06 Correction or Removal of Defective Work ................................................................................ 30
11.07 Correction Period ........................................................................................................................ 30
11.08 City May Correct Defective Work ............................................................................................. 31
Article 12 – Completion .................................................................................................................................. 32
12.01 Contractor’s Warranty of Title ................................................................................................... 32
12.02 Partial Utilization ........................................................................................................................ 32
12.03 Final Inspection ........................................................................................................................... 32
12.04 Final Acceptance ......................................................................................................................... 33
Article 13 – Suspension of Work .................................................................................................................... 33
13.01 City May Suspend Work ............................................................................................................ 33
Article 14 – Miscellaneous .............................................................................................................................. 34
14.01 Giving Notice .............................................................................................................................. 34
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
14.02 Computation of Times ................................................................................................................ 34
14.03 Cumulative Remedies ................................................................................................................. 34
14.04 Survival of Obligations ............................................................................................................... 35
14.05 Headings ...................................................................................................................................... 35
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 1 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
ARTICLE 1 – DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in these General Conditions or in other Contract Documents, the terms listed
below have the meanings indicated which are applicable to both the singular and plural thereof,
and words denoting gender shall include the masculine, feminine and neuter. Said terms are
generally capitalized or written in italics, but not always. When used in a context consistent with
the definition of a listed-defined term, the term shall have a meaning as defined below whether
capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
1. Agreement - The written instrument which is evidence of the agreement between Developer
and Contractor covering the Work
2. Asbestos—Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
3. Business Day – A business day is defined as a day that the City conducts normal business,
generally Monday through Friday, except for federal or state holidays observed by the City.
4. Buzzsaw – City’s on-line, electronic document management and collaboration system.
5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight.
6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by,
its governing body through its City Manager, his designee, or agents authorized pursuant to
its duly authorized charter on his behalf.
7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City
for the Construction of one or more following public facilities within the City public right-of-
way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs.
A CFA may include private facilities within the right-of-way dedicated as private right-of-
way or easement on a recorded plat.
8. Contract—The entire and integrated written document incorporating the Contract
Documents between the Developer, Contractor, and/or City concerning the Work. The
Contract supersedes prior negotiations, representations, or agreements, whether written or
oral.
9. Contract Documents—Those items that make up the contract and which must include the
Agreement, and it’s attachments such as standard construction specifications, standard City
Conditions, other general conditions of the Developer, including:
a. An Agreement
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 2 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
b. Attachments to the Agreement
i. Bid Form
ii. Vendor Compliance with State Law Non-Resident Bidder
iii. Prequalification Statement
c. Current Prevailing Wage Rates Table (if required by City)
d. Insurance Accord Form
e. Payment Bond
f. Performance Bond
g. Maintenance Bond
h. Power of Attorney for Bonds
i. Workers Compensation Affidavit
j. MWBE Commitment Form( If required by City)
k. General Conditions
l. Supplementary Conditions
m. The Standard City Conditions
n. Specifications specifically made part of the Contract Documents by attachment, if
not attached, as incorporated by reference and described in the Table of Contents of
the Project’s Contract Documents
o. Drawings
p. Documentation submitted by contractor prior to Notice of Award.
q. The following which may be delivered or issued after the effective date if the
Agreement and, if issued become an incorporated part of the Contract Documents
i. Notice to Proceed
ii. Field Orders
iii. Change Orders
iv. Letters of Final Acceptance
r. Approved Submittals, other Contractor submittals, and the reports and drawings of
subsurface and physical conditions are not Contract Documents.
10. Contractor—The individual or entity with whom Developer has entered into the Agreement.
11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day.
12. Developer – An individual or entity that desires to make certain improvements within the
City of Fort Worth
13. Drawings—That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Submittals are not Drawings as so defined.
14. Engineer—The licensed professional engineer or engineering firm registered in the State of
Texas performing professional services for the Developer.
15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor
that the Work specified in the Contract Documents has been completed to the satisfaction of
the City.
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 3 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
16. Final Inspection – Inspection carried out by the City to verify that the Contractor has
completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in
conformance with the Contract Documents.
17. General Requirements—A part of the Contract Documents between the Developer and a
Contractor.
18. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes,
and orders of any and all governmental bodies, agencies, authorities, and courts having
jurisdiction.
19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
20. Milestone—A principal event specified in the Contract Documents relating to an
intermediate Contract Time prior to Final Acceptance of the Work.
21. Non-Participating Change Order—A document, which is prepared for and reviewed by the
City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or
revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on
or after the Effective Date of the Agreement.
22. Participating Change Order—A document, which is prepared for and approved by the City,
which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or
revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on
or after the Effective Date of the Agreement.
23. Plans – See definition of Drawings.
24. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with
the General Requirements, describing the sequence and duration of the activities comprising
the Contractor’s plan to accomplish the Work within the Contract Time.
25. Project—The Work to be performed under the Contract Documents.
26. Project Representative—The authorized representative of the City who will be assigned to
the Site.
27. Public Meeting – An announced meeting conducted by the Developer to facilitate public
participation and to assist the public in gaining an informed view of the Project.
28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday
thru Friday (excluding legal holidays).
29. Samples—Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 4 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled performance of related
construction activities.
31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or
Developer upon which the Work is to be performed, including rights-of-way, permits, and
easements for access thereto, and such other lands furnished by City or Developer which are
designated for the use of Contractor.
32. Specifications—That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable thereto.
Specifications may be specifically made a part of the Contract Documents by attachment or,
if not attached, may be incorporated by reference as indicated in the Table of Contents
(Division 00 00 00) of each Project.
33. Standard City Conditions – That part of the Contract Documents setting forth requirements
of the City.
34. Subcontractor—An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for Contractor and submitted by
Contractor to illustrate some portion of the Work.
36. Superintendent – The representative of the Contractor who is available at all times and able
to receive instructions from the City and/or Developer and to act for the Contractor.
37. Supplementary Conditions—That part of the Contract Documents which amends or
supplements the General Conditions.
38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having
a direct contract with Contractor or with any Subcontractor to furnish materials or
equipment to be incorporated in the Work by Contractor or Subcontractor.
39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any
encasements containing such facilities, including but not limited to, those that convey
electricity, gases, steam, liquid petroleum products, telephone or other communications,
cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or
other control systems.
40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday,
Sunday or legal holiday, as approved in advance by the City.
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 5 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
41. Work—The entire construction or the various separately identifiable parts thereof required
to be provided under the Contract Documents. Work includes and is the result of performing
or providing all labor, services, and documentation necessary to produce such construction
including any Participating Change Order, Non-Participating Change Order, or Field
Order, and furnishing, installing, and incorporating all materials and equipment into such
construction, all as required by the Contract Documents.
42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or
legal holidays authorized by the City for contract purposes, in which weather or other
conditions not under the control of the Contractor will permit the performance of the
principal unit of work underway for a continuous period of not less than 7 hours between 7
a.m. and 6 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Defective:
1. The word “defective,” when modifying the word “Work,” refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to City’s written acceptance.
C. Furnish, Install, Perform, Provide:
1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or
the word “Supply,” or any combination or similar directive or usage thereof, shall mean
furnishing and incorporating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 6 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
ARTICLE 2 – PRELIMINARY MATTERS
2.01 Before Starting Construction
Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting
the Work. New schedules will be submitted to City when Participating Change Orders or Non-
Participating Change Orders occur.
2.02 Preconstruction Conference
Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as
specified in the Contract Documents.
2.03 Public Meeting
Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor
attending the Public Meeting as scheduled by the City.
ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING
3.01 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
1. Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision or instruction shall be effective to assign to City, or any of its officers,
directors, members, partners, employees, agents, consultants, or subcontractors, any duty or
authority to supervise or direct the performance of the Work or any duty or authority to
undertake responsibility inconsistent with the provisions of the Contract Documents.
3.02 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by a Participating Change Order or a
Non-Participating Change Order.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work not involving a change in Contract Price or Contract Time, may be
authorized, by one or more of the following ways:
1. A Field Order;
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 7 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or
2. City’s written interpretation or clarification.
ARTICLE 4 – BONDS AND INSURANCE
4.01 Licensed Sureties and Insurers
All bonds and insurance required by the Contract Documents to be purchased and maintained by
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Texas to issue bonds or insurance policies for the limits and coverage so required.
Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided Section 4.04.
4.02 Performance, Payment, and Maintenance Bonds
A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in
accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount
equal to the Contract Price as security for the faithful performance and payment of all of
Contractor’s obligations under the Contract Documents.
B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount
equal to the Contract Price as security to protect the City against any defects in any portion of the
Work described in the Contract Documents. Maintenance bonds shall remain in effect for two
(2) years after the date of Final Acceptance by the City.
C. All bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list
of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and
as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed
by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney
which shall show that it is effective on the date the agent or attorney-in-fact signed each bond.
D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in the State of Texas or it ceases to meet the requirements of
Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event
giving rise to such notification, provide another bond and surety, both of which shall comply
with the requirements of Paragraphs 4.01 and 4.02.C.
4.03 Certificates of Insurance
Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee
identified in these Standard City Conditions certificates of insurance (and other evidence of
insurance requested by City or any other additional insured) which Contractor is required to
purchase and maintain.
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 8 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
1. The certificate of insurance shall document the City, an as “Additional Insured” on all
liability policies.
2. The Contractor’s general liability insurance shall include a, “per project” or “per location”,
endorsement, which shall be identified in the certificate of insurance provided to the City.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in
the current A.M. Best Property & Casualty Guide
4. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of City is required.
5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor
of the City. In addition, the Contractor agrees to waive all rights of subrogation against the
Engineer (if applicable), and each additional insured identified in these Standard City
Conditions. Failure of the City to demand such certificates or other evidence of full
compliance with the insurance requirements or failure of the City to identify a deficiency
from evidence that is provided shall not be construed as a waiver of Contractor’s obligation
to maintain such lines of insurance coverage.
6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If
coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is claims-made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Contract and for three (3) years following Final
Acceptance provided under the Contract Documents or for the warranty period, whichever is
longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 9 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups, must also be approved by City.
10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a
first-dollar basis, must be acceptable to and approved by the City.
11. City, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverage’s and their limits when deemed
necessary and prudent by the City based upon changes in statutory law, court decision or the
claims history of the industry as well as of the contracting party to the City. The City shall
be required to provide prior notice of 90 days, and the insurance adjustments shall be
incorporated into the Work by Change Order.
12. City shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto and may make any reasonable requests for deletion or revision or
modifications of particular policy terms, conditions, limitations, or exclusions necessary to
conform the policy and endorsements to the requirements of the Contract. Deletions,
revisions, or modifications shall not be required where policy provisions are established by
law or regulations binding upon either party or the underwriter on any such policies.
13. City shall not be responsible for the direct payment of insurance premium costs for
Contractor’s insurance.
4.04 Contractor’s Insurance
A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such
insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’
Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for
Employers’ Liability as is appropriate for the Work being performed and as will provide
protection from claims set forth below which may arise out of or result from Contractor’s
performance of the Work and Contractor’s other obligations under the Contract Documents,
whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly
or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any of them may be liable:
1. claims under workers’ compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor’s employees.
3. The limits of liability for the insurance shall provide the following coverages for not less
than the following amounts or greater where required by Laws and Regulations
a. Statutory limits
b. Employer's liability
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 10 of 35
CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
1) $100,000 each accident/occurrence
2) $100,000 Disease - each employee
3) $500,000 Disease - policy limit
B. Commercial General Liability. Coverage shall include but not be limited to covering liability
(bodily injury or property damage) arising from: premises/operations, independent contractors,
products/completed operations, personal injury, and liability under an insured contract. Insurance
shall be provided on an occurrence basis, and as comprehensive as the current Insurance
Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to
any other insurance or self-insurance programs afforded to the City. The Commercial General
Liability policy, shall have no exclusions by endorsements that would alter of nullify
premises/operations, products/completed operations, contractual, personal injury, or advertising
injury, which are normally contained with the policy, unless the City approves such exclusions
in writing.
1. For construction projects that present a substantial completed operation exposure, the City
may require the contractor to maintain completed operations coverage for a minimum of no
less than three (3) years following the completion of the project
2. Contractor's Liability Insurance under this Section which shall be on a per project basis
covering the Contractor with minimum limits of:
a. $1,000,000 each occurrence
b. $2,000,000 aggregate limit
3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance)
making the General Aggregate Limits apply separately to each job site.
4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U”
coverage’s. Verification of such coverage must be shown in the Remarks Article of the
Certificate of Insurance.
C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”,
defined as autos owned, hired and non-owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone
for whose acts any of them may be liable.
1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in
an amount not less than the following amounts:
a. Automobile Liability - a commercial business policy shall provide coverage on "Any
Auto", defined as autos owned, hired and non-owned.
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1) $1,000,000 each accident on a combined single limit basis. Split limits are
acceptable if limits are at least:
2) $250,000 Bodily Injury per person
3) $500,000 Bodily Injury per accident /
4) $100,000 Property Damage
D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the following requirements:
1. The Contractor’s construction activities will require its employees, agents, subcontractors,
equipment, and material deliveries to cross railroad properties and tracks owned and
operated by: ____________________________________________________________
Write the name of the railroad company. (If none, then write none)
2. The Contractor shall conduct its operations on railroad properties in such a manner as not to
interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use
or operation of its/their trains or other property. Such operations on railroad properties may
require that Contractor to execute a “Right of Entry Agreement” with the particular railroad
company or companies involved, and to this end the Contractor should satisfy itself as to the
requirements of each railroad company and be prepared to execute the right-of-entry (if any)
required by a railroad company. The requirements specified herein likewise relate to the
Contractor’s use of private and/or construction access roads crossing said railroad company’s
properties.
3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions
shall provide coverage for not less than the following amounts, issued by companies
satisfactory to the City and to the Railroad Company for a term that continues for so long as
the Contractor’s operations and work cross, occupy, or touch railroad property:
a. General Aggregate: _____________________________________
Enter limits provided by Railroad Company (If none, write none)
b. Each Occurrence: : _____________________________________
Enter limits provided by Railroad Company (If none, write none)
4. With respect to the above outlined insurance requirements, the following shall govern:
a. Where a single railroad company is involved, the Contractor shall provide one insurance
policy in the name of the railroad company. However, if more than one grade separation
or at-grade crossing is affected by the Project at entirely separate locations on the line or
lines of the same railroad company, separate coverage may be required, each in the
amount stated above.
b. Where more than one railroad company is operating on the same right-of-way or where
several railroad companies are involved and operated on their own separate rights-of-
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way, the Contractor may be required to provide separate insurance policies in the name
of each railroad company.
c. If, in addition to a grade separation or an at-grade crossing, other work or activity is
proposed on a railroad company’s right-of-way at a location entirely separate from the
grade separation or at-grade crossing, insurance coverage for this work must be included
in the policy covering the grade separation.
d. If no grade separation is involved but other work is proposed on a railroad company’s
right-of-way, all such other work may be covered in a single policy for that railroad, even
though the work may be at two or more separate locations.
5. No work or activities on a railroad company’s property to be performed by the Contractor
shall be commenced until the Contractor has furnished the City with an original policy or
policies of the insurance for each railroad company named, as required above. All such
insurance must be approved by the City and each affected Railroad Company prior to the
Contractor’s beginning work.
6. The insurance specified above must be carried until all Work to be performed on the railroad
right-of-way has been completed and the grade crossing, if any, is no longer used by the
Contractor. In addition, insurance must be carried during all maintenance and/or repair work
performed in the railroad right-of-way. Such insurance must name the railroad company as
the insured, together with any tenant or lessee of the railroad company operating over tracks
involved in the Project.
E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation
or other loss of insurance coverage. Contractor shall stop work until replacement insurance has
been procured. There shall be no time credit for days not worked pursuant to this section.
4.05 Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the Developer and City shall so notify the
Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence
requested). Contractor shall provide to the City such additional information in respect of insurance
provided as the Developer or City may reasonably request. If Contractor does not purchase or
maintain all of the bonds and insurance required by the Contract Documents, the Developer or City
shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure
to maintain prior to any change in the required coverage.
ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES
5.01 Supervision and Superintendent
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
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Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction.
B. At all times during the progress of the Work, Contractor shall assign a competent, English-
speaking, Superintendent who shall not be replaced without written notice to City. The
Superintendent will be Contractor’s representative at the Site and shall have authority to act on
behalf of Contractor. All communication given to or received from the Superintendent shall be
binding on Contractor.
C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of
construction.
5.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to perform construction as
required by the Contract Documents. Contractor shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. Contractor will not permit the
performance of Work beyond Regular Working Hours or for Weekend Working Hours without
City’s written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication) to perform Work:
1. for beyond Regular Working Hours request must be made by noon at least two (2) Business
Days prior
2. for Weekend Working Hours request must be made by noon of the preceding Thursday
3. for legal holidays request must be made by noon two Business Days prior to the legal
holiday.
5.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary
facilities, temporary facilities, and all other facilities and incidentals necessary for the
performance, Contractor required testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of materials and equipment.
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C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
5.04 Project Schedule
A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01
and the General Requirements as it may be adjusted from time to time as provided below.
1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and
the General Requirements) proposed adjustments in the Project Schedule.
2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 9. Adjustments in Contract Time
for projects with City participation shall be made by participating change orders.
5.05 Substitutes and “Or-Equals”
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or “or-equal” item or no substitution is permitted, other items of material or equipment of other
Suppliers may be submitted to City for review under the circumstances described below.
1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by
Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an “or-equal” item, in which
case review and approval of the proposed item may, in City’s sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. City determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service; and
b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time; and
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2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substitute Items:
a. If in City’s sole discretion an item of material or equipment proposed by Contractor does
not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow City to
determine if the item of material or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by City from anyone other than
Contractor.
c. Contractor shall make written application to City for review of a proposed substitute item
of material or equipment that Contractor seeks to furnish or use. The application shall
comply with Section 01 25 00 and:
1) shall certify that the proposed substitute item will:
i. perform adequately the functions and achieve the results called for by the general
design;
ii. be similar in substance to that specified;
iii. be suited to the same use as that specified; and
2) will state:
i. the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor’s achievement of final completion on time;
ii. whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
iii. whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
i. all variations of the proposed substitute item from that specified;
ii. available engineering, sales, maintenance, repair, and replacement services; and
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4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by City. Contractor shall submit sufficient information to allow City, in
City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly
called for by the Contract Documents. Contractor shall make written application to City for
review in the same manner as those provided in Paragraph 5.05.A.2.
C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require
Contractor to furnish additional data about the proposed substitute. City will be the sole judge of
acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination.
D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special
performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall
indemnify and hold harmless City and anyone directly or indirectly employed by them from and
against any and all claims, damages, losses and expenses (including attorneys fees) arising out
of the use of substituted materials or equipment.
E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or
submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City
approves a substitute so proposed or submitted by Contractor, Contractor may be required to
reimburse City for evaluating each such proposed substitute. Contractor may also be required to
reimburse City for the charges for making changes in the Contract Documents.
F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or
“or-equal” at Contractor’s expense.
G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute
shall be incorporated to the Contract by Participating Change Order.
5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors)
A. The Contractor and any subcontractors are required to be prequalified for the work types
requiring pre-qualification
5.07 Concerning Subcontractors, Suppliers, and Others
A. Minority and Women Owned Business Enterprise Compliance:
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Required for this Contract.
(Check this box if there is any City Participation)
Not Required for this Contract.
It is City policy to ensure the full and equitable participation by Minority and Women Business
Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the
Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent
of the City’s MWBE Ordinance (as amended) by the following:
1. Contractor shall, upon request by City, provide complete and accurate information regarding
actual work performed by a MWBE on the Contract and payment therefor.
2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without
written consent of the City. Any unjustified change or deletion shall be a material breach of
Contract and may result in debarment in accordance with the procedures outlined in the
Ordinance.
3. Contractor shall, upon request by City, allow an audit and/or examination of any books,
records, or files in the possession of the Contractor that will substantiate the actual work
performed by an MWBE. Material misrepresentation of any nature will be grounds for
termination of the Contract. Any such misrepresentation may be grounds for disqualification
of Contractor to bid on future contracts with the City for a period of not less than three years.
B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work just as
Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract
Documents:
1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between City and any such Subcontractor, Supplier or other
individual or entity; nor
2. shall create any obligation on the part of City to pay or to see to the payment of any moneys
due any such Subcontractor, Supplier, or other individual or entity except as may otherwise
be required by Laws and Regulations.
C. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with Contractor.
D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing
any of the Work shall communicate with City through Contractor.
E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract
x
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Documents, Contractor shall provide City contract numbers and reference numbers to the
Subcontractors and/or Suppliers.
5.08 Wage Rates
Required for this Contract.
Not Required for this Contract.
A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of
Chapter 2258, Texas Government Code (as amended), including the payment of not less than the
rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in
accordance with Chapter 2258. Such prevailing wage rates are included in these Contract
Documents.
B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage
shall, upon demand made by the City, pay to the City $60 for each worker employed for each
calendar day or part of the day that the worker is paid less than the prevailing wage rates
stipulated in these contract documents. This penalty shall be retained by the City to offset its
administrative costs, pursuant to Texas Government Code 2258.023.
C. Complaints of Violations and City Determination of Good Cause. On receipt of information,
including a complaint by a worker, concerning an alleged violation of 2258.023, Texas
Government Code, by a Contractor or Subcontractor, the City shall make an initial
determination, before the 31st day after the date the City receives the information, as to whether
good cause exists to believe that the violation occurred. The City shall notify in writing the
Contractor or Subcontractor and any affected worker of its initial determination. Upon the
City’s determination that there is good cause to believe the Contractor or Subcontractor has
violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or
claimants as the difference between wages paid and wages due under the prevailing wage rates,
such amounts being subtracted from successive progress payments pending a final determination
of the violation.
D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of
Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected
worker, shall be submitted to binding arbitration in accordance with the Texas General
Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any
affected worker does not resolve the issue by agreement before the 15th day after the date the
City makes its initial determination pursuant to Paragraph C above. If the persons required to
arbitrate under this section do not agree on an arbitrator before the 11th day after the date that
arbitration is required, a district court shall appoint an arbitrator on the petition of any of the
persons. The City is not a party in the arbitration. The decision and award of the arbitrator is
final and binding on all parties and may be enforced in any court of competent jurisdiction.
E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3)
years following the date of acceptance of the work, maintain records that show (i) the name and
x
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occupation of each worker employed by the Contractor in the construction of the Work provided
for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be
open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right
to Audit, shall pertain to this inspection.
F. Progress Payments. With each progress payment or payroll period, whichever is less, the
Contractor shall submit an affidavit stating that the Contractor has complied with the
requirements of Chapter 2258, Texas Government Code.
G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at
all times.
H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall
otherwise require all of its Subcontractors to comply with Paragraphs A through G above.
5.09 Patent Fees and Royalties
A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to any infringement of
patent rights or copyrights incident to the use in the performance of the Work or resulting from
the incorporation in the Work of any invention, design, process, product, or device not specified
in the Contract Documents.
5.10 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s
compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws
or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor’s responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor’s obligations under Paragraph 3.01.
5.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
1. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
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other materials or equipment. Contractor shall assume full responsibility for any damage to
any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is
carrying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work, the City may require the Contractor to finish the
section on which operations are in progress before work is commenced on any additional
area of the Site.
3. Should any Damage Claim be made by any such owner or occupant because of the
performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim.
4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and
against all claims, costs, losses, and damages arising out of or relating to any claim or
action, legal or equitable, brought by any such owner or occupant against City.
B. Removal of Debris During Performance of the Work: During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the
clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the
Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as
the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the
written notice (by letter or electronic communication), and shall be entitled to recover its cost in
doing so. The City may withhold Final Acceptance until clean-up is complete and cost are
recovered.
D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and
the Work and make it ready for utilization by City or adjacent property owner. At the completion
of the Work Contractor shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded
in any manner that will endanger the structure, nor shall Contractor subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
5.12 Record Documents
A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor
and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated
to show changes made during construction. These record documents together with all approved
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Samples and a counterpart of all accepted Submittals will be available to City for reference.
Upon completion of the Work, these record documents, any operation and maintenance manuals,
and Submittals will be delivered to City prior to Final Inspection. Contractor shall include
accurate locations for buried and imbedded items.
5.13 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on
or off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal, relocation, and replacement of their property.
C. Contractor shall comply with the applicable requirements of City’s safety programs, if any.
D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any,
with which City’s employees and representatives must comply while at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused,
directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any
other individual or entity directly or indirectly employed by any of them to perform any of the
Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor.
F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and City has accepted the Work.
5.14 Safety Representative
Contractor shall inform City in writing of Contractor’s designated safety representative at the Site.
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5.15 Hazard Communication Programs
Contractor shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or
among employers in accordance with Laws or Regulations.
5.16 Submittals
A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal
will be identified as required by City.
1. Submit number of copies specified in the General Requirements.
2. Data shown on the Submittals will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and similar data to show City the
services, materials, and equipment Contractor proposes to provide and to enable City to
review the information for the limited purposes required by Paragraph 5.16.C.
3. Submittals submitted as herein provided by Contractor and reviewed by City for
conformance with the design concept shall be executed in conformity with the Contract
Documents unless otherwise required by City.
4. When Submittals are submitted for the purpose of showing the installation in greater detail,
their review shall not excuse Contractor from requirements shown on the Drawings and
Specifications.
5. For-Information-Only submittals upon which the City is not expected to conduct review or
take responsive action may be so identified in the Contract Documents.
6. Submit required number of Samples specified in the Specifications.
7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City to review the
submittal for the limited purposes required by Paragraph 5.16.C.
B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City’s review and acceptance of the pertinent submittal will be
at the sole expense and responsibility of Contractor.
C. City’s Review:
1. City will provide timely review of required Submittals in accordance with the Schedule of
Submittals acceptable to City. City’s review and acceptance will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, conform
to the information given in the Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract
Documents.
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2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and
acceptance of a separate item as such will not indicate approval of the assembly in which the
item functions.
3. City’s review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Section 01 33 00 and City has given written acceptance of each
such variation by specific written notation thereof incorporated in or accompanying the
Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for
complying with the requirements of the Contract Documents.
5.17 Contractor’s General Warranty and Guarantee
A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor’s warranty and guarantee.
B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
2. normal wear and tear under normal usage.
C. Contractor’s obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor’s obligation to
perform the Work in accordance with the Contract Documents:
1. observations by City;
2. recommendation or payment by City or Developer of any progress or final payment;
3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by
City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal by City;
6. any inspection, test, or approval by others; or
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7. any correction of defective Work by City.
D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to
other work or property resulting therefrom which shall appear within a period of two (2) years
from the date of Final Acceptance of the Work unless a longer period is specified and shall
furnish a good and sufficient maintenance bond, complying with the requirements of Article
4.02.B. The City will give notice of observed defects with reasonable promptness.
5.18 Indemnification
A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the
City, its officers, servants and employees, from and against any and all claims arising out of, or
alleged to arise out of, the work and services to be performed by the Contractor, its officers,
agents, employees, subcontractors, licenses or invitees under this Contract. THIS
INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE
AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME
OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY
ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is
intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by
the City in defending against such claims and causes of actions.
B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its
officers, servants and employees, from and against any and all loss, damage or destruction of
property of the City, arising out of, or alleged to arise out of, the work and services to be
performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees
under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY
INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR
PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE
CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF
THE CITY.
5.19 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out Contractor’s responsibilities for construction means, methods,
techniques, sequences and procedures.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, City
will specify all performance and design criteria that such services must satisfy. Contractor shall
cause such services or certifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittals prepared by such professional. Submittals related to the Work designed or certified
by such professional, if prepared by others, shall bear such professional’s written approval when
submitted to City.
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C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by such design professionals, provided City has specified
to Contractor performance and design criteria that such services must satisfy.
D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design
drawings will be only for the limited purpose of checking for conformance with performance
and design criteria given and the design concept expressed in the Contract Documents. City’s
review and acceptance of Submittals (except design calculations and design drawings) will be
only for the purpose stated in Paragraph 5.16.C.
5.20 Right to Audit:
A. The City reserves the right to audit all projects utilizing City funds
B. The Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of the Contractor involving transactions relating
to this Contract. Contractor agrees that the City shall have access during Regular Working Hours
to all necessary Contractor facilities and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this Paragraph. The City shall
give Contractor reasonable advance notice of intended audits.
C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that
the subcontractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of such Subcontractor, involving transactions to
the subcontract, and further, that City shall have access during Regular Working Hours to all
Subcontractor facilities, and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this Paragraph. The City shall give
Subcontractor reasonable advance notice of intended audits.
D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the
City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
5.21 Nondiscrimination
A. The City is responsible for operating Public Transportation Programs and implementing transit-
related projects, which are funded in part with Federal financial assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race, color, or national
origin.
B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
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ARTICLE 6 – OTHER WORK AT THE SITE
6.01 Related Work at Site
A. City may perform other work related to the Project at the Site with City’s employees, or other
City contractors, or through other direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Contract Documents, then written notice
thereof will be given to Contractor prior to starting any such other work; and
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility
owner, and City, if City is performing other work with City’s employees or other City
contractors, proper and safe access to the Site, provide a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of
the Work that may be required to properly connect or otherwise make its several parts come
together and properly integrate with such other work. Contractor shall not endanger any work of
others by cutting, excavating, or otherwise altering such work; provided, however, that
Contractor may cut or alter others' work with the written consent of City and the others whose
work will be affected.
C. If the proper execution or results of any part of Contractor’s Work depends upon work
performed by others under this Article 7, Contractor shall inspect such other work and promptly
report to City in writing any delays, defects, or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s
failure to so report will constitute an acceptance of such other work as fit and proper for
integration with Contractor’s Work except for latent defects in the work provided by others.
ARTICLE 7 – CITY’S RESPONSIBILITIES
7.01 Inspections, Tests, and Approvals
City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
11.03.
7.02 Limitations on City’s Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. City will not be responsible for
Contractor’s failure to perform the Work in accordance with the Contract Documents.
B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13.
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7.03 Compliance with Safety Program
While at the Site, City’s employees and representatives shall comply with the specific applicable
requirements of Contractor’s safety programs of which City has been informed pursuant to
Paragraph 5.13.
ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION
8.01 City’s Project Representative
City will provide one or more Project Representative(s) during the construction period. The duties
and responsibilities and the limitations of authority of City’s representative during construction are
set forth in the Contract Documents.
A. City’s Project Representative will make visits to the Site at intervals appropriate to the various
stages of construction as City deems necessary in order to observe the progress that has been
made and the quality of the various aspects of Contractor’s executed Work. Based on
information obtained during such visits and observations, City’s Project Representative will
determine, in general, if the Work is proceeding in accordance with the Contract Documents.
City’s Project Representative will not be required to make exhaustive or continuous inspections
on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts
will be directed toward providing City a greater degree of confidence that the completed Work
will conform generally to the Contract Documents.
B. City’s Project Representative’s visits and observations are subject to all the limitations on
authority and responsibility in the Contract Documents.
8.02 Authorized Variations in Work
City’s Project Representative may authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the Contract Price or the Contract
Time and are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on City Developer, and also on Contractor, who shall perform the Work involved promptly.
8.03 Rejecting Defective Work
City will have authority to reject Work which City’s Project Representative believes to be defective,
or will not produce a completed Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. City will have authority to conduct special inspection or
testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or
completed.
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8.04 Determinations for Work Performed
Contractor will determine the actual quantities and classifications of Work performed. City’s Project
Representative will review with Contractor the preliminary determinations on such matters before
rendering a written recommendation. City’s written decision will be final (except as modified to
reflect changed factual conditions or more accurate data).
ARTICLE 9 – CHANGES IN THE WORK
9.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, City may, at any time or
from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall
promptly proceed with the Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise specifically provided). Extra Work
shall be memorialized by a Participating Change Order which may or may not precede an order
of Extra work.
B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a
project with City participation, a Field Order may be issued by the City.
9.02 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s
responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the
effect of any such change.
ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME
10.01 Change of Contract Price
A. The Contract Price may only be changed by a Participating Change Order for projects with City
participation.
10.02 Change of Contract Time
A. The Contract Time may only be changed by a Participating Change Order for projects with City
participation.
10.03 Delays
A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
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ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
11.01 Notice of Defects
Notice of all defective Work of which City has actual knowledge will be given to Contractor.
Defective Work may be rejected, corrected, or accepted as provided in this Article 13.
11.02 Access to Work
City, independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them of
Contractor’s safety procedures and programs so that they may comply therewith as applicable.
11.03 Tests and Inspections
A. Contractor shall give City timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any
of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full
responsibility for arranging and obtaining such independent inspections, tests, retests or
approvals, pay all costs in connection therewith, and furnish City the required certificates of
inspection or approval; excepting, however, those fees specifically identified in the
Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR)
inspections, which shall be paid as described in the Supplementary Conditions.
C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or
equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment
submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work.
Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by
City.
D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to
perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by
City.
1. City will coordinate such Testing to the extent possible, with Contractor;
2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
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3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the
Testing Lab by Contractor. City will forward all invoices for retests to
Developer/Contractor.
4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance
until the Testing Lab is Paid
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of City, Contractor shall, if requested by City, uncover
such Work for observation.
11.04 Uncovering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s
expense.
11.05 City May Stop the Work
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials
or equipment, or fails to perform the Work in such a way that the completed Work will conform to
the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until
the cause for such order has been eliminated; however, this right of City to stop the Work shall not
give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any
Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent
of any of them.
11.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to
an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has
been rejected by City, remove it from the Project and replace it with Work that is not defective.
Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such correction
or removal (including but not limited to all costs of repair or replacement of work of others).
Failure to require the removal of any defective Work shall not constitute acceptance of such
Work.
B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07,
Contractor shall take no action that would void or otherwise impair City’s special warranty and
guarantee, if any, on said Work.
11.07 Correction Period
A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
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Documents), any Work is found to be defective, or if the repair of any damages to the land or
areas made available for Contractor’s use by City or permitted by Laws and Regulations as
contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without
cost to City and in accordance with City’s written instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by City, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement (including
but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.
C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 11.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of one year after the end
of the initial correction period. City shall provide 30 days written notice to Contractor and
Developer should such additional warranty coverage be required. Contractor’s obligations under
this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this
Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any
applicable statute of limitation or repose.
11.08 City May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with Paragraph
11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such
deficiency.
B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor’s services related thereto, and incorporate in the Work all materials and equipment
incorporated in the Work, stored at the Site or for which City has paid Contractor but which are
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stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants,
employees, and City’s other contractors, access to the Site to enable City to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph
13.09 will be charged against Contractor, and a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work; and City shall be
entitled to an appropriate decrease in the Contract Price.
D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City’s rights and remedies under this
Paragraph 11.09.
ARTICLE 12 – COMPLETION
12.01 Contractor’s Warranty of Title
Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment will pass to City no later than the time of Final Acceptance and shall be
free and clear of all Liens.
12.02 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which
City, determines constitutes a separately functioning and usable part of the Work that can be
used by City for its intended purpose without significant interference with Contractor’s
performance of the remainder of the Work. City at any time may notify Contractor in writing to
permit City to use or occupy any such part of the Work which City determines to be ready for its
intended use, subject to the following conditions:
1. Contractor at any time may notify City in writing that Contractor considers any such part of
the Work ready for its intended use.
2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and
Contractor shall make an inspection of that part of the Work to determine its status of
completion. If City does not consider that part of the Work to be substantially complete, City
will notify Contractor in writing giving the reasons therefor.
3. Partial Utilization will not constitute Final Acceptance by City.
12.03 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
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1. within 10 days, City will schedule a Final Inspection with Contractor.
2. City will notify Contractor in writing of all particulars in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
12.04 Final Acceptance
A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the
Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction
of the following:
1. All documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.03;
2. consent of the surety, if any, to Final Acceptance;
3. a list of all pending or released Damage Claims against City that Contractor believes are
unsettled; and
4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to
City) of all Lien rights arising out of or Liens filed in connection with the Work.
5. after all Damage Claims have been resolved:
a. directly by the Contractor or;
b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s
insurance provider for resolution.
6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or
other requirements of the Contract Documents which specifically continue thereafter.
ARTICLE 13 – SUSPENSION OF WORK
13.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor
shall resume the Work on the date so fixed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will stop contract time on City
participation projects.
B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or negligence of the Contractor, and should it be determined by
mutual consent of the Contractor and City that a solution to allow construction to proceed is not
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available within a reasonable period of time, Contractor may request an extension in Contract
Time, directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and he shall take every precaution to prevent damage or
deterioration of the work performed; he shall provide suitable drainage about the work, and erect
temporary structures where necessary.
ARTICLE 14 – MISCELLANEOUS
14.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
1. delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving party.
14.02 Computation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last
day of the period.
14.03 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
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CITY OF FORT WORTH
STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
14.04 Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
14.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
APPENDIX
CFW Water Standar d Product List
CITY OF FORT WORTH
WATER DEPARTMENT
STANDARD PRODUCT LIST
Updated: September 06, 2019
The Fort Worth Water Department’s Standard Products List has been developed to
minimize the submittal review of products which meet the Fort Worth Water
Department’s Standard Specifications during utility construction projects. When
Technical Specifications for specific products, are included as part of the
Construction Contract Documents, the requirements of the Technical Specification
will override the Fort Worth Water Department’s Standard Specifications and the
Fort Worth Water Department’s Standard Products List and approval of the
specific products will be based on the requirements of the Technical Specification
whether or not the specific product meets the Fort Worth Water Department’s
Standard Specifications or is on the Fort Worth Water Department’s Standard
Products List.
Table of Content
(Click on items to go directly to the page)
Items Page
A.Water & Sewer
1. Manholes & Bases/Components ........................................................... 1
2.Manholes & Bases/Fiberglass ............................................................... 2
3.Manholes & Bases/Frames & Covers/Rectangular ............................... 3
4.Manholes & Bases/Frames & Covers/Round ....................................... 4
5.Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight .. 5
6.Manholes & Bases/Precast Concrete .................................................... 6
7.Manholes & Bases/Rehab Systems/Cementitious ................................ 7
8.Manholes & Bases/Rehab Systems/NonCementitious ......................... 8
9.Manhole Insert (Field Operations Use Only) ........................................ 9
10. Pipe Casing Spacer ............................................................................... 10
11. Pipes/Ductile Iron ................................................................................. 11
12. Utility Line Marker ............................................................................... 12
B.Sewer
13. Coatings/Epoxy ..................................................................................... 13
14. Coatings/Polyurethane .......................................................................... 14
15. Combination Air Valves ....................................................................... 15
16. Pipes/Concrete ...................................................................................... 16
17. Pipe Enlargement System (Method) ..................................................... 17
18. Pipes/Fiberglass Reinforced Pipe ......................................................... 18
19. Pipes/HDPE .......................................................................................... 19
20. Pipes/PVC (Pressure Sewer) ................................................................. 20
21. Pipes/PVC* ........................................................................................... 21
22. Pipes/Rehab/CIPP ................................................................................. 22
23. Pipes/Rehab/Fold & Form .................................................................... 23
24. Pipes/Open Profile Large Diameter ...................................................... 24
C.Water
25. Appurtenances ....................................................................................... 25
26. Bolts, Nuts, and Gaskets ....................................................................... 26
27. Combination Air Release Valve ........................................................... 27
28. Dry Barrel Fire Hydrants ...................................................................... 28
29. Meters ................................................................................................... 29
30. Pipes/PVC (Pressure Water) ................................................................. 30
31. Pipes/Valves & Fittings/Ductile Iron Fittings ....................................... 31
32. Pipes/Valves & Fittings/Resilient Seated Gate Valve .......................... 32
33. Pipes/Valves & Fittings/Rubber Seated Butterfly Valve ...................... 33
34. Polyethylene Encasement ..................................................................... 34
35. Sampling Stations ................................................................................. 35
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeWater & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16)07/23/97 33 05 13 Urethane Hydrophilic Waterstop Asahi Kogyo K.K. Adeka Ultra-Seal P-201 ASTM D2240/D412/D79204/26/00 33 05 13 Offset Joint for 4' Diam. MH Hanson Concrete Products Drawing No. 35-0048-00104/26/00 33 05 13 Profile Gasket for 4' Diam. MH. Press-Seal Gasket Corp. 250-4G Gasket ASTM C-443/C-361 SS MH1/26/99 33 05 13 HDPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring Non-traffic area5/13/05 33 05 13 Manhole External Wrap Canusa - CPS WrapidSeal Manhole Encapsulation SystemCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019* From Original Standard Products ListClick to Return to the Table of Content1
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Fiberglass 33-39-13 (1/8/13)1/26/99 33 39 13 Fiberglass Manhole Fluid Containment, Inc. Flowtite ASTM 3753 Non-traffic area08/30/06 33 39 13 Fiberglass Manhole L.F. ManufacturingNon-traffic area* From Original Standard Products ListClick to Return to the Table of Content2
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Frames & Covers/Rectangular 33-05-13 (Rev 2/3/16)* 33 05 13 Manhole Frames and Covers Western Iron Works, Bass & Hays Foundry 1001 24"x40" WD* From Original Standard Products ListClick to Return to the Table of Content3
Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 2/3/16)*33 05 13 Manhole Frames and CoversWestern Iron Works, Bass & Hays Foundry3002424" Dia.*33 05 13 Manhole Frames and CoversMcKinley Iron Works Inc.A 24 AM24" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryR-1272ASTM A48 & AASHTO M30624" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryR- 165-LM (Hinged)ASTM A48 & AASHTO M30624" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryNF 1274ASTM A48 & AASHTO M30630" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryR-1743-LM (Hinged)ASTM A48 & AASHTO M30630" dia.33 05 13 Manhole Frames and CoversSigma CorporationMH-144N33 05 13 Manhole Frames and CoversSigma CorporationMH-143N33 05 13 Manhole Frames and CoversPont-A-MoussonGTS-STD24" dia.33 05 13 Manhole Frames and CoversNeenah Casting24" dia.10/31/06 33 05 13 Manhole Frames and Covers (Hinged)PowersealHinged Ductile Iron Manhole ASTM A53624" Dia.7/25/03 33 05 13 Manhole Frames and CoversSaint-Gobain Pipelines (Pamrex/rexus)RE32-R8FS30" Dia.01/31/06 33 05 1330" Dia. MH Ring and CoverEast Jordan Iron WorksV1432-2 and V1483 DesignsAASHTO M306-0430" Dia.11/02/10 33 05 1330" Dia. MH Ring and CoverSigma CorporationMH1651FWN & MH1650230" Dia07/19/11 33 05 1330" Dia. MH Ring and CoverStar Pipe ProductsMH32FTWSS-DC 30" Dia08/10/11 33 05 1330" Dia. MH Ring and CoverAccucast220700 Heavy Duty with Gasket Ring30" Dia10/14/13 33 05 1330" Dia. MH Ring and Cover (Hinged & Lockable)East Jordan Iron Works 30" ERGO XL Assembly with Cam Lock/MPIC/T-Gasket ASSHTO M105 & ASTM A53630" Dia06/01/17 34 05 1330" Dia. MH Ring and Cover (Hinged & Lockable) CISIP Industries2280 (32")ASTM A 4830" Dia.09/16/19 33 05 13.1030" Dia. MH Ring and Cover Composite Access Products, L.P.CAP-ONE-30-FTW, Composite, w/ Lock w/o Hing30" Dia.* From Original Standard Products ListClick to Return to the Table of Content4
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight 33-05-13 (Rev 2/3/16)* 33 05 13 Manhole Frames and Covers Pont-A-Mousson Pamtight 24" Dia.* 33 05 13 Manhole Frames and Covers Neenah Casting24" Dia.* 33 05 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry 300-24P 24" Dia.* 33 05 13 Manhole Frames and Covers McKinley Iron Works Inc. WPA24AM 24" Dia.03/08/00 33 05 13 Manhole Frames and Covers Accucast RC-2100 ASTM A 48 24" Dia.04/20/01 33 05 13 Manhole Frames and Covers (SIP)Serampore Industries Private Ltd. 300-24-23.75 Ring and Cover ASTM A 48 24" Dia.* From Original Standard Products ListClick to Return to the Table of Content5
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Precast Concrete (Rev 1/8/13)* 33 39 10 Manhole, Precast Concrete Hydro Conduit Corp SPL Item #49 ASTM C 478 48"* 33 39 10 Manhole, Precast Concrete Wall Concrete Pipe Co. Inc. ASTM C-443 48"09/23/96 33 39 10 Manhole, Precast Concrete Concrete Product Inc. 48" I.D. Manhole w/ 32" Cone ASTM C 478 48" w/32" cone05/08/18 33 39 10 Manhole, Precast Concrete The Turner Company 48", 60" I.D. Manhole w/ 32" Cone ASTM C 478 48", 60"10/27/06 33 39 10 Manhole, Precast Concrete Oldcastle Precast Inc.48" I.D. Manhole w/ 24" Cone ASTM C 478 48" Diam w 24" Ring06/09/10 33 39 10 Manhole, Precast (Reinforce Polymer)Concrete US Composite Pipe Reinforced Polymer Concrete ASTM C-76 48" to 72"09/06/19 33 39 20 Manhole, Precast Concrete Forterra Pipe and Precast 60" & 72" I.D. Manhole w/32" Cone ASTM C-76 60" & 72"* From Original Standard Products ListClick to Return to the Table of Content6
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Rehab Systems/Cementitious* E1-14 Manhole Rehab Systems Quadex04/23/01 E1-14 Manhole Rehab Systems Standard Cement Materials, Inc. Reliner MSPE1-14 Manhole Rehab Systems AP/M Permaform4/20/01 E1-14 Manhole Rehab System Strong Company Strong Seal MS2A Rehab System5/12/03 E1-14 Manhole Rehab System (Liner) Poly-triplex Technologies MH repair product to stop infiltration ASTM D581308/30/06 General Concrete Repair FlexKrete Technologies Vinyl Polyester Repair Product Misc. Use* From Original Standard Products ListClick to Return to the Table of Content7
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Rehab Systems/NonCementitious05/20/96 E1-14 Manhole Rehab Systems Sprayroq, Spray Wall Polyurethane Coating ASTM D639/D790* E1-14 Manhole Rehab Systems Sun Coast12/14/01 Coating for Corrosion protection(Exterior) ERTECH Series 20230 and 2100 (Asphatic Emulsion)For Exterior Coating of Concrete Structures Only01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, S1, S2 Acid Resistance Test Sewer Applications8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications08/30/06 Coatings for Corrosion Protection Citadel SLS-30 Solids Epoxy Sewer Applications03/19/1833 05 16, 33 39 10, 33 39 20 Coating for Corrosion protection(Exterior) Sherwin WilliamsRR&C Dampproofing Non-Fibered Spray Grade (Asphatic Emulsion)For Exterior Coating of Concrete Structures Only* From Original Standard Products ListClick to Return to the Table of Content8
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manhole Inserts - Field Operations Use Only (Rev 2/3/16)* 33 05 13 Manhole Insert Knutson Enterprises Made to Order - Plastic ASTM D 1248 For 24" dia.* 33 05 13 Manhole Insert South Western Packaging Made to Order - Plastic ASTM D 1248 For 24" dia.* 33 05 13 Manhole Insert Noflow-Inflow Made to Order - Plastic ASTM D 1248 For 24" dia.09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. LifeSaver - Stainless Steel For 24" dia.09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. TetherLok - Stainless Steel For 24" dia* From Original Standard Products ListClick to Return to the Table of Content9
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Pipe Casing Spacers 33-05-24 (07/01/13)11/04/02 Steel Band Casing Spacers Advanced Products and Systems, Inc. Carbon Steel Spacers, Model SI02/02/93 Stainless Steel Casing Spacer Advanced Products and Systems, Inc. Stainless Steel Spacer, Model SSI04/22/87 Casing Spacers Cascade Waterworks Manufacturing Casing Spacers09/14/10 Stainless Steel Casing Spacer Pipeline Seal and Insulator Stainless Steel Casing Spacer Up to 48"09/14/10 Coated Steel Casin Spacers Pipeline Seal and Insulator Coated Steel Casin Spacers Up to 48" 05/10/11 Stainless Steel Casing Spacer Powerseal 4810 Powerchock Up to 48"03/19/18 Casing Spacers BWM SS-12 Casing Spacer(Stainless Steel)03/19/18 Casing Spacers BWMFB-12 Casing Spacer (Coated Carbon Steel) for Non_pressure Pipe and Grouted Casing* From Original Standard Products ListClick to Return to the Table of Content10
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Pipes/Ductile Iron 33-11-10(1/8/13)* 33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co. Super Bell-Tite Ductile Iron Pressure Pipe, AWWA C150, C1513" thru 24"08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co.American Fastite Pipe (Bell Spigot) AWWA C150, C151 4" thru 30"08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co.American Flex Ring (Restrained Joint) AWWA C150, C151 4" thru 30"* 33 11 10 Ductile Iron Pipe U.S. Pipe and Foundry Co. AWWA C150, C151* 33 11 10 Ductile Iron Pipe McWane Cast Iron Pipe Co. AWWA C150, C151* From Original Standard Products ListClick to Return to the Table of Content11
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Utility Line Marker (08/24/2018)* From Original Standard Products ListClick to Return to the Table of Content12
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Coatings/Epoxy 33-39-60 (01/08/13)02/25/02 Epoxy Lining System Sauereisen, Inc SewerGard 210RS LA County #210-1.3312/14/01 Epoxy Lining System Ertech Technical Coatings Ertech 2030 and 2100 Series04/14/05 Interior Ductile Iron Pipe Coating Induron Protecto 401 ASTM B-117 Ductile Iron Pipe Only01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, S1, S2 Acid Resistance Test Sewer Applications8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications* From Original Standard Products ListClick to Return to the Table of Content13
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Coatings/Polyurethane* From Original Standard Products ListClick to Return to the Table of Content14
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Combination Air Valves 05/25/18 33-31-70 Air Release Valve A.R.I. USA, Inc. D025LTP02(Composite Body) 2"* From Original Standard Products ListClick to Return to the Table of Content15
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/Concrete* E1-04 Conc. Pipe, Reinforced Wall Concrete Pipe Co. Inc. ASTM C 76* E1-04 Conc. Pipe, Reinforced Hydro Conduit Corporation Class III T&G, SPL Item #77 ASTM C 76* E1-04 Conc. Pipe, Reinforced Hanson Concrete Products SPL Item #95-Manhole, #98- PipeASTM C 76* E1-04 Conc. Pipe, Reinforced Concrete Pipe & Products Co. Inc. ASTM C 76* From Original Standard Products ListClick to Return to the Table of Content16
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipe Enlargment System (Method)33-31-23 (01/18/13)PIM System PIM Corporation Polyethylene PIM Corp., Piscata Way, N.J. Approved PreviouslyMcConnell Systems McLat Construction Polyethylene Houston, Texas Approved PreviouslyTRS Systems Trenchless Replacement System Polyethylene Calgary, Canada Approved Previously* From Original Standard Products ListClick to Return to the Table of Content17
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipe/Fiberglass Reinforced Pipe 33-31-13(1/8/13)7/21/97 33 31 13 Cent. Cast Fiberglass Hobas Pipe USA, Inc. Hobas Pipe (Non-Pressure) ASTM D3262/D375403/22/10 33 31 13 Fiberglass Pipe Ameron Bondstrand RPMP Pipe ASTM D3262/D375410/30/03 Glass-Fiber Reinforced Polymer Pipe Thompson Pipe Group Flowtite ASTM D3262/D37544/14/05 Polymer Modified Concrete Pipe Amitech USA Meyer Polycrete Pipe ASTM C33, A276, F477 8" to 102", Class V06/09/10 E1-9 Reinforced Polymer Concrete Pipe US Composite Pipe Reinforced Polymer Concrete Pipe ASTM C-76* From Original Standard Products ListClick to Return to the Table of Content18
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/HDPE 33-31-23(1/8/13)* High-density polyethylene pipe Phillips Driscopipe, Inc. Opticore Ductile Polyethylene Pipe ASTM D 1248 8"* High-density polyethylene pipe Plexco Inc. ASTM D 1248 8"* High-density polyethylene pipe Polly Pipe, Inc. ASTM D 1248 8"High-density polyethylene pipe CSR Hydro Conduit/Pipeline Systems McConnell Pipe Enlargement ASTM D 1248* From Original Standard Products ListClick to Return to the Table of Content19
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/PVC (Pressure Sewer) 33-11-12 (4/1/13)12/02/11 33-11-12 DR-14 PVC Pressure Pipe Pipelife Jetstream PVC Pressure Pipe AWWA C900 4" thru 12"10/22/14 33-11-12 DR-14 PVC Pressure Pipe Royal Building Products Royal Seal PVC Pressure Pipe AWWA C900 4" thru 12"* From Original Standard Products ListClick to Return to the Table of Content20
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/PVC* 33-31-20 (7/1/13)* 33-31-20 PVC Sewer Pipe Certain-Teed Products Corp ASTM D 3034 4" thru 15"* 33-31-20 PVC Sewer Pipe Napco Manufacturing CorpASTM D 3034, D 17844" & 8"* 33-31-20 PVC Sewer Pipe J-M Manufacturing Co., Inc. (JM Eagle) ASTM D 3034 4" - 15"12/23/97* 33-31-20 PVC Sewer Pipe Diamond Plastics Corporation SDR-26 and SDR-35 ASTM F 789, ASTM D 30344" thru 15"* 33-31-20 PVC Sewer Pipe Lamson Vylon Pipe ASTM F 789 4" thru 15"33-31-20 PVC Sewer Pipe Royal Building Products Royal Seal Solid Wall Pipe SDR 26 & 35 ASTM 3034 4" thru 15"01/18/18 33-31-20 PVC Sewer Pipe Vinyltech PVC Pipe Gravity Sewer ASTM D3034 4" thru 15"11/11/98 33-31-20 PVC Sewer Pipe Diamond Plastics Corporation "S" Gravity Sewer Pipe ASTM F 679 18" to 27"* 33-31-20 PVC Sewer Pipe J-M Manufacturing Co, Inc. (JM Eagle) ASTM F 679 18" - 27"09/11/12 33-31-20 PVC Sewer Pipe Pipelife Jet Stream SDR-26 and SDr-35 ASTM F-679 18"05/06/0533-31-20PVC Solid Wall Pipe Diamond Plastics CorporationPS 46 ASTM F-679 18" to 48"04/27/0633-31-20PVC Sewer Fittings HarcoSDR-26 and SDR-35 Gasket Fittings ASTM D-3034, D-1784, etc 4" - 15"*33-31-20PVC Sewer Fittings Plastic Trends, In.cGasketed PVC Sewer Main Fittings ASTM D 303411/17/99E100-2Closed Profile PVC Pipe Diamond Plastics CorporationASTM 1803/F794 18" to 48"3/19/2018 33 31 20 PVC Sewer Pipe Pipelife Jet Stream SDR 35 ASTM F679 18"- 24"3/19/2018 33 31 20 PVC Sewer Pipe Pipelife Jet Stream SDR 26 ASTM D3034 4"- 15"3/29/2019 33 31 20Gasketed Fittings (PVC)GPK Products, Inc. SDR 26 ASTM D3034/F-679 4"- 15"9/6/2019 33 31 20 PVC Sewer Pipe NAPCO SDR 26, SDR 35 ASTM D3034 4" - 8"9/6/2019 33 31 20 PVC Sewer Pipe Sanderson Pipe Corp. SDR 26, SDR 35 ASTM D3034 8"* From Original Standard Products ListClick to Return to the Table of Content21
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/Rehab/CIPP 33-31-12 (01/18/13)* Cured in Place Pipe Insituform Texark, Inc ASTM F 121605/03/99 Cured in Place Pipe National Envirotech Group National Liner, (SPL) Item #27 ASTM F-1216/D-581305/29/96 Cured in Place Pipe Reynolds Inc/Inliner Technolgy (Inliner USA) Inliner Technology ASTM F 1216* From Original Standard Products ListClick to Return to the Table of Content22
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/Rehab/Fold & Form* Fold and Form Pipe Cullum Pipe Systems, Inc.11/03/98 Fold and Form Pipe Insituform Technologies, Inc. Insituform "NuPIpe" ASTM F-1504Fold and Form Pipe American Pipe & Plastics, Inc.Demo. Purpose Only12/04/00 Fold and Form Pipe Ultraliner Ultraliner PVC Alloy Pipeliner ASTM F-1504, 1871, 186706/09/03 Fold and Form Pipe Miller Pipeline Corp. EX Method ASTM F-1504, F-1947 Up to 18" diameter* From Original Standard Products ListClick to Return to the Table of Content23
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/Open Profile Large Diameter09/26/91 E100-2 PVC Sewer Pipe, Ribbed Lamson Vylon Pipe Carlon Vylon H.C. Closed Profile Pipe, ASTM F 679 18" to 48"09/26/91 E100-2 PVC Sewer Pipe, Ribbed Extrusion Technologies, Inc. Ultra-Rib Open Profile Sewer Pipe ASTM F 679 18" to 48"E100-2 PVC Sewer Pipe, Ribbed Uponor ETI Company11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Double Wall Advanced Drainage Systems (ADS) SaniTite HP Double Wall (Corrugated)ASTM F 2736 24"-30"11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Triple Wall Advanced Drainage Systems (ADS) SaniTite HP Triple Wall Pipe ASTM F 2764 30" to 60"05/16/11 Steel Reinforced Polyethylene Pipe ConTech Construction Products Durmaxx ASTM F 2562 24" to 72"* From Original Standard Products ListClick to Return to the Table of Content24
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Appurtenances 33-12-10 (07/01/13)01/18/18 33-12-10 Double Strap Saddle Romac 202NS Nylon Coated AWWA C800 1"-2" SVC, up to 24" Pipe08/28/02 Double Strap Saddle Smith Blair #317 Nylon Coated Double Strap Saddle07/23/12 33-12-10 Double Strap Service Saddle Mueller Company DR2S Double (SS) Strap DI Saddle AWWA C800 1"-2" SVC, up to 24" Pipe10/27/87 Curb Stops-Ball Meter Valves McDonald 6100M,6100MT & 610MT 3/4" and 1"10/27/87 Curb Stops-Ball Meter Valves McDonald 4603B, 4604B, 6100M, 6100TM and 6101M 1½" and 2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc.FB600-7NL, FB1600-7-NL, FV23-777-W-NL, L22-77NL AWWA C800 2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc.FB600-6-NL, FB1600-6-NL, FV23-666-W-NL, L22-66NL AWWA C800 1-1/2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc.FB600-4-NL, FB1600-4-NL, B11-444-WR-NL, B22444-WR-NL, L28-44NL AWWA C800 1"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd.B-25000N, B-24277N-3, B-20200N-3, H-15000N, , H-1552N, H142276NAWWA C800, ANSF 61, ANSI/NSF 372 2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd.B-25000N, B-20200N-3, B-24277N-3,H-15000N, H-14276N, H-15525NAWWA C800, ANSF 61, ANSI/NSF 372 1-1/2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd.B-25000N, B-20200N-3,H-15000N, H-15530NAWWA C800, ANSF 61, ANSI/NSF 372 1"01/26/00 Coated Tapping Saddle with Double SS Straps JCM Industries, Inc. #406 Double Band SS Saddle 1"-2" Taps on up to 12" 0/5/21/12 33-12-25 Tapping Sleeve (Coated Steel) JCM Industries, Inc. 412 Tapping Sleeve ESS AWWA C-223 Up to 30" w/12" Out05/10/11 Tapping Sleeve (Stainless Steel) Powerseal 3490AS (Flange) & 3490MJ 4"-8" and 16"02/29/12 33-12-25 Tapping Sleeve (Coated Steel) Romac FTS 240 AWWA C-223 U p to 42" w/24" Out02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST Stainless Steel AWWA C-223 Up to 24" w/12" Out02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST III Stainless Steel AWWA C-223 Up to 30" w/12" Out05/10/11 Joint Repair Clamp Powerseal 3232 Bell Joint Repair Clamp4" to 30"Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW37C-12-1EPAF FTWPlastic Meter Box w/Composite Lid DFW Plastics Inc. DFW39C-12-1EPAF FTW08/30/06 Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW65C-14-1EPAF FTW Class "A"Concrete Meter Box Bass & Hays CMB37-B12 1118 LID-9Concrete Meter Box Bass & Hays CMB-18-Dual 1416 LID-9Concrete Meter Box Bass & Hays CMB65-B65 1527 LID-9* From Original Standard Products ListClick to Return to the Table of Content25
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Bolts, Nuts, and Gaskets 33-11-05 (01/08/13)* From Original Standard Products ListClick to Return to the Table of Content26
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Combination Air Release 33-31-70 (01/08/13)* E1-11 Combination Air Release Valve GA Industries, Inc. Empire Air and Vacuum Valve, Model 935 ASTM A 126 Class B, ASTM A 240 - float, ASTM A 307 - Cover Bolts1" & 2"* E1-11 Combination Air Release Valve Multiplex Manufacturing Co.Crispin Air and Vacuum Valves, Model No. 1/2", 1" & 2"* E1-11 Combination Air Release Valve Valve and Primer Corp. APCO #143C, #145C and #147C 1", 2" & 3"* From Original Standard Products ListClick to Return to the Table of Content27
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Dry Barrel Fire Hydrants 33-12-40 (01/15/14)10/01/87 E-1-12 Dry Barrel Fire Hydrant American-Darling Valve Drawing Nos. 90-18608, 94-18560 AWWA C-50203/31/88 E-1-12 Dry Barrel Fire Hydrant American Darling Valve Shop Drawing No. 94-18791 AWWA C-50209/30/87 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Shop Drawing No. D-19895 AWWA C-50201/12/93 E-1-12 Dry Barrel Fire Hydrant American AVK Company Model 2700 AWWA C-50208/24/88 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Drawings D20435, D20436, B20506 AWWA C-502E-1-12 Dry Barrel Fire Hydrant ITT Kennedy Valve Shop Drawing No. D-80783FW AWWA C-50209/24/87 E-1-12 Dry Barrel Fire Hydrant M&H Valve Company Shop Drawing No. 13476 AWWA C-50210/14/87 E-1-12 Dry Barrel Fire Hydrant Mueller CompanyShop Drawings No. 6461 A-423 Centurion AWWA C-50201/15/88 E1-12 Dry Barrel Fire Hydrant Mueller CompanyShop Drawing FH-12A-423 Super Centurion 200 AWWA C-50210/09/87 E-1-12 Dry Barrel Fire Hydrant U.S. Pipe & Foundry Shop Drawing No. 960250 AWWA C-50209/16/87 E-1-12 Dry Barrel Fire Hydrant Waterous Company Shop Drawing No. SK740803 AWWA C-50208/12/16 33-12-40 Dry Barrel Fire Hydrant EJ (East Jordan Iron Works) WaterMaster 5CD250* From Original Standard Products ListClick to Return to the Table of Content28
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Meters02/05/93 E101-5 Detector Check Meter Ames Company Model 1000 Detector Check Valve AWWA C550 4" - 10"08/05/04 Magnetic Drive Vertical Turbine Hersey Magnetic Drive Vertical AWWA C701, Class 1 3/4" - 6"* From Original Standard Products ListClick to Return to the Table of Content29
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Pipes/PVC (Pressure Water) 33-31-70 (01/08/13)01/18/18 33-11-12 PVC Pressure Pipe Vinyltech PVC PipeAWWA C900, AWWA C605, ASTM D1784 4"-12"3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR14 AWWA C900 4"-12"3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR18 AWWA C900 16"-24"5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 14 AWWA C900 4"-12"5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation Trans 21, DR 14, DR 18 AWWA C900 16"-24"12/6/2018 33 11 12 PVC Pressure Pipe J-M Manifacturing Co., Inc d/b/a JM EagleDR 14 "Blue Brute"AWWA C900-16 UL 1285 ANSI/NSF 61 FM 16124"-12"12/6/2018 33 11 12 PVC Pressure Pipe J-M Manifacturing Co., Inc d/b/a JM EagleDR 18 "Blue Brute"AWWA C900-16 UL 1285 ANSI/NSF 61 FM 161216"-24"9/6/2019 33 11 12 PVC Pressure Pipe Underground Solutions Inc. DR14 Fusible PVC AWWA C900 4" - 8"9/6/2019 33 11 12 PVC Pressure Pipe NAPCO DR15 AWWA C900 16" - 24"9/6/2019 33 11 12 PVC Pressure Pipe NAPCO DR14 AWWA C900 4"- 12"9/6/2019 33 11 12 PVC Pressure Pipe Sanderson Pipe Corp. DR14 AWWA C900 4"- 12"* From Original Standard Products ListClick to Return to the Table of Content30
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Pipes/Valves & Fittings/Ductile Iron Fittings 33-11-11 (01/08/13)07/23/92 E1-07 Ductile Iron Fittings Star Pipe Products, Inc. Mechanical Joint Fittings AWWA C153 & C110* E1-07 Ductile Iron Fittings Griffin Pipe Products, Co. Mechanical Joint Fittings AWWA C 110* E1-07 Ductile Iron Fittings McWane/Tyler Pipe/ Union Utilities DivisionMechanical Joint Fittings, SSB Class 350AWWA C 153, C 110, C 11108/11/98 E1-07 Ductile Iron Fittings Sigma, Co.Mechanical Joint Fittings, SSB Class 351AWWA C 153, C 110, C 11202/26/14 E1-07 MJ Fittings AccucastClass 350 C-153 MJ FittingsAWWA C153 4"-12"05/14/98 E1-07 Ductile Iron Joint Restraints Ford Meter Box Co./Uni-FlangeUni-Flange Series 1400 AWWA C111/C153 4" to 36"05/14/98 E1-24 PVC Joint Restraints Ford Meter Box Co./Uni-FlangeUni-Flange Series 1500 Circle-LockAWWA C111/C153 4" to 24" 11/09/04 E1-07 Ductile Iron Joint Restraints One Bolt, Inc.One Bolt Restrained Joint FittingAWWA C111/C116/C153 4" to 12"02/29/12 33-11-11 Ductile Iron Pipe Mechanical Joint Restraint EBAA Iron, Inc.Megalug Series 1100 (for DI Pipe)AWWA C111/C116/C153 4" to 42"02/29/12 33-11-11 PVC Pipe Mechanical Joint Restraint EBAA Iron, Inc.Megalug Series 2000 (for PVC Pipe)AWWA C111/C116/C153 4" to 24"08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co.Sigma One-Lok SLC4 - SLC10AWWA C111/C153 4" to 10"03/06/19 33-11-11 Mechanical Joint Retainer Glands(PVC) Sigma, Co.Sigma One-Lok SLCS4 - SLCS12AWWA C111/C153 4" to 12"08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co.Sigma One-Lok SLCEAWWA C111/C153 12" to 24"08/10/98 E1-07 MJ Fittings(DIP) Sigma, Co.Sigma One-Lok SLDEAWWA C153 4" - 24"10/12/10 E1-24 Interior Restrained Joint System S & B Techncial ProductsBulldog System ( Diamond Lok 21 & JM Eagle ASTM F-1624 4" to 12"08/16/06 E1-07 Mechanical Joint Fittings SIP Industries(Serampore)Mechanical Joint FittingsAWWA C153 4" to 24"11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc.PVC Stargrip Series 4000ASTM A536 AWWA C11111/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc.DIP Stargrip Series 3000ASTM A536 AWWA C11103/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Black For DIPASTM A536 AWWA C111 3"-48"03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Red for C900 DR14 PVC PipeASTM A536 AWWA C111 4"-12"03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Red for C900 DR18 PVC PipeASTM A536 AWWA C111 16"-24"* From Original Standard Products ListClick to Return to the Table of Content31
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Pipes/Valves & Fittings/Resilient Seated Gate Valve* 33-12-20 (05/13/15)Resilient Wedged Gate Valve w/no Gears American Flow Control Series 2500 Drawing # 94-20247 16"12/13/02 Resilient Wedge Gate Valve American Flow Control Series 2530 and Series 2536 AWWA C515 30" and 36"08/31/99 Resilient Wedge Gate Valve American Flow Control Series 2520 & 2524 (SD 94-20255) AWWA C515 20" and 24"05/18/99 Resilient Wedge Gate Valve American Flow Control Series 2516 (SD 94-20247) AWWA C515 16"10/24/00 E1-26 Resilient Wedge Gate Valve American Flow Control Series 2500 (Ductile Iron) AWWA C515 4" to 12"08/05/04 Resilient Wedge Gate Valve American Flow Control 42" and 48" AFC 2500 AWWA C515 42" and 48"05/23/91 E1-26 Resilient Wedge Gate Valve American AVK Company American AVK Resilient Seaded GV AWWA C509 4" to 12"01/24/02 E1-26 Resilient Wedge Gate Valve American AVK Company20" and smaller* E1-26 Resilient Seated Gate Valve Kennedy4" - 12"* E1-26 Resilient Seated Gate Valve M&H4" - 12"* E1-26 Resilient Seated Gate Valve Mueller Co.4" - 12"11/08/99 Resilient Wedge Gate Valve Mueller Co. Series A2361 (SD 6647) AWWA C515 16"01/23/03 Resilient Wedge Gate Valve Mueller Co. Series A2360 for 18"-24" (SD 6709) AWWA C515 24" and smaller05/13/05 Resilient Wedge Gate Valve Mueller Co. Mueller 30" & 36", C-515 AWWA C515 30" and 36"01/31/06 Resilient Wedge Gate Valve Mueller Co. Mueller 42" & 48", C-515 AWWA C515 42" and 48"01/28/88 E1-26 Resilient Wedge Gate Valve Clow Valve Co. AWWA C509 4" - 12"10/04/94 Resilient Wedge Gate Valve Clow Valve Co. 16" RS GV (SD D-20995) AWWA C515 16"11/08/99 E1-26 Resilient Wedge Gate Valve Clow Valve Co. Clow RW Valve (SD D-21652) AWWA C515 24" and smaller11/29/04 Resilient Wedge Gate Valve Clow Valve Co. Clow 30" & 36" C-515 AWWA C515 30" and 36" (Note 3)11/30/12 Resilient Wedge Gate Valve Clow Valve Co. Clow Valve Model 2638 AWWA C515 24" to 48" (Note 3)05/08/91 E1-26 Resilient Seated Gate Valve Stockham Valves & Fittings AWWA C 509, ANSI 420 - stem, ASTM A 276 Type 304 - Bolts & nuts4" - 12"* E1-26 Resilient Seated Gate Valve U.S. Pipe and Foundry Co.Metroseal 250, requirements SPL #743" to 16"10/26/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works)EJ FlowMaster Gate Valve & Boxes08/24/18Matco Gate Valve Matco-Norca225 MRAWWA/ANSI C115/An21.15 4" to 16"* From Original Standard Products ListClick to Return to the Table of Content32
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Pipes/Valves & Fittings/Rubber Seated Butterfly Valve 33-12-21 (07/10/14)* E1-30 Rubber Seated Butterfly Valve Henry Pratt Co. AWWA C-504 24"* E1-30 Rubber Seated Butterfly Valve Mueller Co. AWWA C-504 24"and smaller1/11/99 E1-30 Rubber Seated Butterfly Valve Dezurik Valves Co. AWWA C-504 24" and larger06/12/03 E1-30 Valmatic American Butterfly Valve Valmatic Valve and Manufacturing Corp. Valmatic American Butterfly Valve. AWWA C-504 Up to 84" diameter04/06/07 E1-30 Rubber Seated Butterfly Valve M&H Valve M&H Style 4500 & 1450 AWWA C-504 24" to 48"03/19/18 33 12 21 Rubber Seated Butterfly Valve G. A. Industries (Golden Anderson) AWWA C504 Butterfly Valve AWWA C-504 30"-54" * From Original Standard Products ListClick to Return to the Table of Content33
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Polyethylene Encasement 33-11-10 (01/08/13)05/12/05 E1-13 Polyethylene Encasment Flexsol Packaging Fulton Enterprises AWWA C105 8 mil LLD05/12/05 E1-13 Polyethylene Encasment Mountain States Plastics (MSP) and AEP Ind. Standard Hardware AWWA C105 8 mil LLD05/12/05 E1-13 Polyethylene Encasment AEP Industries Bullstrong by Cowtown Bolt & Gasket AWWA C105 8 mil LLD09/06/19 33-11-11 Polyethylene Encasment Northtown Products Inc. PE Encasement fro DIP AWWA C105 8 mil LLD* From Original Standard Products ListClick to Return to the Table of Content34
Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Sampling Station3/12/96 Water Sampling Station Water Plus B20 Water Sampling Station* From Original Standard Products ListClick to Return to the Table of Content35