7138 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: A21F9B51-74E4-4DE5-BF97-D05A27C000DB
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Agreement
Page 1 of 6
CITY OF DENTON 7138 LLWTP PHASE II IMPROVEMENTS
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
SECTION 00 52 43 1
AGREEMENT 2
THIS AGREEMENT, authorized on ______________is made by and between the City of Denton, 3
a Texas home rule municipality, acting by and through its duly authorized City Manager, (“City”), 4
and Archer Western Construction, Limited Liability Company, authorized to do business in Texas, 5
acting by and through its duly authorized representative, (“Contractor”). 6
City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 7
Article 1. WORK 8
Contractor shall complete all Work as specified or indicated in the Contract Documents for the 9
Project identified herein. 10
Article 2. PROJECT 11
The project for which the Work under the Contract Documents may be the whole or only a part is 12
generally described as follows: 13
Lake Lewisville Water Treatment Plant Phase II Improvements 14
Contract No.: 7138 15
Article 3. CONTRACT PRICE 16
City agrees to pay Contractor for performance of the Work in accordance with the Contract 17
Documents an amount, in current funds, of fifteen million five hundred eighty-eight thousand 18
eight hundred eighty dollars and zero cents ($15,588,880). 19
Article 4. CONTRACT TIME 20
4.1 Final Acceptance. 21
The Work will be complete for Final Acceptance within 380 days after the date when the 22
Contract Time commences to run, as provided in Paragraph 2.03 of the General Conditions, 23
plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 24
4.2 Liquidated Damages 25
Contractor recognizes that time is of the essence for completion of Milestones, if any, and 26
to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is 27
not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also 28
recognizes the delays, expense and difficulties involved in proving in a legal proceeding, 29
the actual loss suffered by the City if the Work is not completed on time. Accordingly, 30
instead of requiring any such proof, Contractor agrees that as liquidated damages for delay 31
(but not as a penalty), Contractor shall pay City One Thousand Dollars ($1,000) for each 32
day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the 33
City issues the Final Letter of Acceptance. 34
Article 5. CONTRACT DOCUMENTS 35
5.1 CONTENTS: 36
A. The Contract Documents which comprise the entire agreement between City and 37
Contractor concerning the Work consist of the following: 38
1. This Agreement. 39
2. Attachments to this Agreement: 40
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Agreement
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CITY OF DENTON 7138 LLWTP PHASE II IMPROVEMENTS
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
a. Bid Form 1
1) Proposal Form 2
2) Vendor Compliance to State Law Non-Resident Bidder 3
3) State and Federal documents (project specific) 4
b. Current Prevailing Wage Rate Table 5
c. Worker’s Compensation Affidavit 6
d. Form 1295 – Certificate of Interested Parties 7
3. General Conditions. 8
4. Supplementary Conditions. 9
5. Specifications specifically made a part of the Contract Documents by attachment or, 10
if not attached, as incorporated by reference and described in the Table of Contents 11
of the Project’s Contract Documents. 12
6. North Central Texas Council of Governments Standard Specifications for Public 13
Works Construction – Fourth Edition, Divisions 200-800, and as amended by City, 14
as incorporated by reference and described in the Table of Contents of the Project’s 15
Contract Documents. 16
7. Drawings. 17
8. Addenda. 18
9. Documentation submitted by Contractor prior to Notice of Award. 19
10. The following which may be delivered or issued after the Effective Date of the 20
Agreement and, if issued, become an incorporated part of the Contract Documents: 21
a. Notice to Proceed. 22
b. Field Orders. 23
c. Change Orders. 24
d. Letter of Final Acceptance. 25
e. Insurance ACORD Form(s) 26
f. Payment Bond 27
g. Performance Bond 28
h. Maintenance Bond 29
i. Power of Attorney for the Bonds 30
31
32
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Agreement
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CITY OF DENTON 7138 LLWTP PHASE II IMPROVEMENTS
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Article 6. INDEMNIFICATION 1
6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 2
expense, the city, its officers, servants and employees, from and against any and all 3
claims arising out of, or alleged to arise out of, the work and services to be performed 4
by the contractor, its officers, agents, employees, subcontractors, licensees or invitees 5
under this contract. This indemnification provision is specifically intended to operate 6
and be effective even if it is alleged or proven that all or some of the damages being 7
sought were caused, in whole or in part, by any act, omission or negligence of the city. 8
This indemnity provision is intended to include, without limitation, indemnity for any 9
and all costs, expenses and legal fees incurred by the city in defending against such 10
claims and causes of actions. 11
12
6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 13
the city, its officers, servants and employees, from and against any and all loss of, 14
damage to, or destruction of, property of the city, arising out of, or alleged to arise out 15
of, the work and services to be performed by the contractor, its officers, agents, 16
employees, subcontractors, licensees or invitees under this contract. This 17
indemnification provision is specifically intended to operate and be effective even if it is 18
alleged or proven that all or some of the damages being sought were caused, in whole or 19
in part, by any act, omission or negligence of the city. 20
21
Article 7. MISCELLANEOUS 22
7.1 Terms. 23
Terms used in this Agreement which are defined in Article 1 of the General Conditions will 24
have the meanings indicated in the General Conditions. 25
7.2 Assignment of Contract. 26
This Agreement, including all of the Contract Documents may not be assigned by the 27
Contractor without the advanced express written consent of the City. 28
7.3 Successors and Assigns. 29
City and Contractor each binds itself, its partners, successors, assigns and legal 30
representatives to the other party hereto, in respect to all covenants, agreements and 31
obligations contained in the Contract Documents. 32
7.4 Severability. 33
Any provision or part of the Contract Documents held to be unconstitutional, void or 34
unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 35
remaining provisions shall continue to be valid and binding upon City and Contractor. 36
7.5 Governing Law and Venue. 37
This Agreement, including all of the Contract Documents is performable in the State of 38
Texas. Venue shall be Denton County, Texas, or the United States District Court for the 39
Eastern District of Texas, Sherman Division. 40
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CITY OF DENTON 7138 LLWTP PHASE II IMPROVEMENTS
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
7.6 Authority to Sign. 1
Contractor shall attach evidence of authority to sign Agreement if signed by someone other 2
than the duly authorized signatory of the Contractor. 3
4
7.7 Prohibition On Contracts With Companies Boycotting Israel. 5
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 6
Code, the City is prohibited from entering into a contract with a company for goods or 7
services unless the contract contains a written verification from the company that it: (1) 8
does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 9
The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms 10
in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 11
certifies that Contractor’s signature provides written verification to the City that 12
Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of 13
the contract. 14
15
7.8 Immigration Nationality Act. 16
Contractor shall verify the identity and employment eligibility of its employees who perform 17
work under this Agreement, including completing the Employment Eligibility Verification 18
Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms 19
and supporting eligibility documentation for each employee who performs work under this 20
Agreement. Contractor shall adhere to all Federal and State laws as well as establish 21
appropriate procedures and controls so that no services will be performed by any Contractor 22
employee who is not legally eligible to perform such services. CONTRACTOR SHALL 23
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, 24
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY 25
CONTRACTOR, CONTRACTOR’S EMPLOYEES, SUBCONTRACTORS, 26
AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right 27
to immediately terminate this Agreement for violations of this provision by Contractor. 28
29
7.9 No Third-Party Beneficiaries. 30
This Agreement gives no rights or benefits to anyone other than the City and the Contractor 31
and there are no third-party beneficiaries. 32
33
34
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Agreement
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CITY OF DENTON 7138 LLWTP PHASE II IMPROVEMENTS
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
7.10 No Cause of Action Against Engineer. 1
Contractor, its subcontractors and equipment and materials suppliers on the Project or their 2
sureties, shall maintain no direct action against the Engineer, its officers, employees, and 3
subcontractors, for any claim arising out of, in connection with, or resulting from the engineering 4
services performed. Only the City will be the beneficiary of any undertaking by the Engineer. 5
The presence or duties of the Engineer's personnel at a construction site, whether as on-site 6
representatives or otherwise, do not make the Engineer or its personnel in any way 7
responsible for those duties that belong to the City and/or the City's Contractors or other 8
entities, and do not relieve the Contractors or any other entity of their obligations, duties, and 9
responsibilities, including, but not limited to, all construction methods, means, techniques, 10
sequences, and procedures necessary for coordinating and completing all portions of the 11
construction work in accordance with the Contract Documents and any health or safety 12
precautions required by such construction work. The Engineer and its personnel have no 13
authority to exercise any control over any construction contractor or other entity or their 14
employees in connection with their work or any health or safety precautions. 15
16
SIGNATURE PAGE TO FOLLOW 17
18
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Agreement
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CITY OF DENTON 7138 LLWTP PHASE II IMPROVEMENTS
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective 1
as of the date subscribed by the City’s designated City Manager __________________________. 2
3
THIS AGREEMENT HAS BEEN 4
BOTH REVIEWED AND APPROVED 5
As to financial and operational obligations and 6
Business terms. 7
8
___________________ _________________ 9
SIGNATURE PRINTED NAME 10
11
______________________________________ 12
TITLE 13
14
______________________________________ 15
DEPARTMENT 16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
ATTEST: 37
ROSA RIOS, CITY SECRETARY 38
39
40
_______________________________________ 41
42
43
APPROVED AS TO LEGAL FORM: 44
AARON LEAL, CITY ATTORNEY 45
46
_______________________________________ 47
CITY OF DENTON
BY: ___________________________________
CITY MANAGER
DATE SIGNED:_________________________
CONTRACTOR
ARCHER WESTERN CONSTRUCTION, LLC
BY: ___________________________________
AUTHORIZED AGENT
_______________________________________
NAME
_______________________________________
TITLE
_______________________________________
PHONE NUMBER
_______________________________________
EMAIL ADDRESS
1295 Certificate Number
____________________________
DocuSign Envelope ID: A21F9B51-74E4-4DE5-BF97-D05A27C000DB
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$15,588,880
DocuSign Envelope ID: A21F9B51-74E4-4DE5-BF97-D05A27C000DB
DocuSign Envelope ID: A21F9B51-74E4-4DE5-BF97-D05A27C000DB
Respondent's Business NameArcher Western Construction, LLCPrincipal Place of Business (City and State)Irving, TXServices Proposal Pricing:ITEM Quantity UOMCost of Service1LSEA$9,508,000.002LSEA$2,937,000.003LSEA$1,467,000.004LSEA$130,000.005LSEA$254,000.00$14,296,000.00$428,880.00$14,724,880.00Type of Service RequestedTotal Cost - Base Bid with Contingency AllowanceFor construction of improvements at or near the site of the Lake Ray Roberts Raw Water Pump Station, including raw water piping improvements and potable water piping to the site from the Lake Ray Roberts Water Treatment Plant, as shown on the Plans or as otherwise required by these Contract DocumentsFor construction of improvements at or near the Lake Lewisville Water Treatment Plant except the Administration Building, SCADA System, and Perimeter Site Security System, and including all Work not included in other Bid Items, as shown on the Plans or as otherwise required by these Contract DocumentsIFB 7138 Pricing Sheet for LLWTP Phase II ImprovementsThe respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Contingency Allowance (3%)BASE BID ITEMSFor construction of improvements at or near the site of the Lake Lewisville Raw Water Pump Station including potable water piping to the site, but excluding intake improvements in Lake Lewisville, as shown on the Plans or as otherwise required by these Contract DocumentsFor furnishing the Medium Voltage Pad-Mounted Switch to the project site, ready for installation, and provision of manufacturer services, as specified in Section 26 12 01 "Medium Voltage Pad-Mounted Switch"Total Cost - Base BidFor furnishing SCADA system hardware and services, as specified in Section 40 90 02 "Supervisory Control and Data Acquisition (SCADA) System"Reflects Engineer's AwardRecommendationFreese and Nichols, Inc.October 9, 2019DocuSign Envelope ID: A21F9B51-74E4-4DE5-BF97-D05A27C000DB
Respondent's Business NameArcher Western Construction, LLCPrincipal Place of Business (City and State)Irving, TXIFB 7138 Pricing Sheet for LLWTP Phase II ImprovementsThe respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. A1 LSEADeclinedA2 LSEA$864,000.00A3 LSEADeclinedA4DeclinedA532 90 00 Each 7 800.00$ DeclinedA6Drawing L-2 LF 120 3.00$ DeclinedA7Drawing A-17 SF 2700 25.00$ Declined$864,000.00$15,160,000.00$428,880.00$15,588,880.00*NOTE: PLEASE EMAIL THIS EXHIBIT 1 AS AN EXCEL FILE TO EBIDS@CITYOFDENTON.COMContingency Allowance (3% of Base Bid)Total Bid Amount with Contingency AllowanceShade Tree (3" Cal) installedTree Protection Fencing InstalledFilter Building Ceiling RepairTotal Cost: Base Bid + AlternatesTotal Cost: Alternate BidsFor construction of improvements to the lower raw water intake in Lake Lewisville, adjacent to the Raw Water Pump Station, as shown on the Plans or as otherwise required by these Contract DocumentsFor construction of new perimeter duct bank to serve the proposed site perimeter Security System at the Lake Lewisville Water Treatment Plant, including conductors, conduit, junction/access structures and other accessories as shown on the Plans or as otherwise required by these Contract DocumentsBid QuantityDrawing/ Specification Section No.DescriptionBidlist Item No.Unit of MeasureUnit PriceAllowanceExtended PriceFor construction of new Administration Building at the Lake Lewisville Water Treatment Plant, including associated site work and utilities, as shown on the Plans or as otherwise required by these Contract DocumentsALTERNATE BID ITEMSFor construction of intruder detection and related security improvements at the site of the Lake Lewisville Water Treatment Plant, but not shown or described by these Contract Documents, an allowance ofReflects Engineer's AwardRecommendationFreese and Nichols, Inc.October 9, 2019DocuSign Envelope ID: A21F9B51-74E4-4DE5-BF97-D05A27C000DB
0.38Asphalt Paving
0.18Landscaping
4.93Intake Work
1.92HVAC
0.68Fire Protection
0.40Line StopsEA Tapping
Mid South Fire Solutions
Richard Meek A/C
Huffman
Greenscaping
Reynolds Asphalt
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"General Decision Number: TX20190016 10/04/2019
Superseded General Decision Number: TX20180026
State: Texas
Construction Type: Heavy
County: Denton County in Texas.
Heavy Construction, Including Treatment Plants (Does not
include water/sewer lines)
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.60 for calendar year 2019 applies to all contracts
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after January
1, 2015. If this contract is covered by the EO, the contractor
must pay all workers in any classification listed on this wage
determination at least $10.60 per hour (or the applicable wage
rate listed on this wage determination, if it is higher) for
all hours spent performing on the contract in calendar year
2019. If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least the
wage rate determined through the conformance process set forth
in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is
higher than the conformed wage rate). The EO minimum wage rate
will be adjusted annually. Please note that this EO applies to
the above-mentioned types of contracts entered into by the
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federal government that are subject to the Davis-Bacon Act
itself, but it does not apply to contracts subject only to the
Davis-Bacon Related Acts, including those set forth at 29 CFR
5.1(a)(2)-(60). Additional information on contractor
requirements and worker protections under the EO is available
at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/04/2019
1 07/19/2019
2 10/04/2019
ASBE0021-003 06/01/2016
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR (Includes
application of all insulating
materials, protective
coverings, coatings, and
finishings to all types of
mechanical systems)..............$ 24.32 7.52
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ELEC0020-004 06/01/2019
Rates Fringes
Electricians:
Cable Splicer...............$ 29.81 8.84
Electrician.................$ 30.15 9.59
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* ELEC0220-001 07/01/2019
Rates Fringes
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Line Construction:
CABLE SPLICERS..............$ 17.12 14.5%+3.75
EQUIPMENT OPERATORS.........$ 26.61 4.5%+10.26
GROUNDMAN...................$ 16.63 4.5%+6.25
LINEMAN.....................$ 33.26 4.5%+11.32
TRUCK DRIVER................$ 19.96 4.5%+7.00
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ENGI0178-001 06/01/2009
Rates Fringes
Cranes:
Hydraulic Crane (35 ton &
under)......................$ 23.70 9.35
Hydraulic over 35
tons,Derricks, Overhead
Gentry,Stiffleg,Tower,etc.,
and Cranes with
Piledriving or Caisson
attachements................$ 24.70 9.35
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IRON0263-010 06/01/2017
Rates Fringes
Ironworkers:
Reinforcing & Structural....$ 23.25 7.32
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PLUM0100-002 11/01/2017
Rates Fringes
Plumbers and Pipefitters.........$ 30.84 11.51
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SHEE0068-002 11/01/2012
Rates Fringes
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Sheet metal worker...............$ 27.64 8.84
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SUTX1990-039 08/01/1990
Rates Fringes
CARPENTER........................$ 10.536
Concrete Finisher................$ 9.603
Form Builder.....................$ 8.036
Form Setter......................$ 9.578
Laborers:
Common......................$ 7.25
Utility.....................$ 7.25
Pipelayer........................$ 7.961
Power equipment operators:
Backhoe.....................$ 10.971
Bulldozer...................$ 9.942
Front end loader............$ 10.771
Mechanic....................$ 9.88
Motor Grader................$ 11.633
Oiler.......................$ 9.183
Scraper.....................$ 8.00
TRUCK DRIVER.....................$ 7.465
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WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
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Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
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The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
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Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
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Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
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WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
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Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
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4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION"
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1 – Definitions and Terminology .......................................................................................................... 1
1.01 Defined Terms............................................................................................................................... 1
1.02 Terminology .................................................................................................................................. 6
Article 2 – Preliminary Matters ......................................................................................................................... 7
2.01 Copies of Documents .................................................................................................................... 7
2.02 Commencement of Contract Time; Notice to Proceed ................................................................ 7
2.03 Starting the Work .......................................................................................................................... 7
2.04 Before Starting Construction ........................................................................................................ 7
2.05 Preconstruction Conference.......................................................................................................... 8
2.06 Public Meeting .............................................................................................................................. 8
2.07 Initial Acceptance of Schedules.................................................................................................... 8
2.08 Electronic Submittals.................................................................................................................... 8
Article 3 – Contract Documents: Intent, Amending, Reuse ............................................................................ 8
3.01 Intent.............................................................................................................................................. 8
3.02 Reference Standards...................................................................................................................... 9
3.03 Reporting and Resolving Discrepancies....................................................................................... 9
3.04 Amending and Supplementing Contract Documents................................................................. 10
3.05 Reuse of Documents ................................................................................................................... 10
3.06 Electronic Data............................................................................................................................ 11
Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points........................................................................................................... 11
4.01 Availability of Lands .................................................................................................................. 11
4.02 Subsurface and Physical Conditions .......................................................................................... 12
4.03 Differing Subsurface or Physical Conditions ............................................................................. 12
4.04 Underground Facilities ............................................................................................................... 13
4.05 Hazardous Environmental Condition at Site .............................................................................. 14
Article 5 – Bonds and Insurance ..................................................................................................................... 15
5.01 Licensed Sureties and Insurers ................................................................................................... 15
5.02 Performance, Payment, and Maintenance Bonds....................................................................... 15
5.03 Certificates of Insurance ............................................................................................................. 16
5.04 Contractor’s Insurance ................................................................................................................ 18
5.05 Acceptance of Bonds and Insurance; Option to Replace........................................................... 19
Article 6 – Contractor’s Responsibilities ........................................................................................................ 19
6.01 Supervision and Superintendence............................................................................................... 19
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
6.02 Labor; Working Hours ................................................................................................................ 19
6.03 Services, Materials, and Equipment ........................................................................................... 20
6.04 Project Schedule.......................................................................................................................... 20
6.05 Substitutes and “Or-Equals” ....................................................................................................... 21
6.06 Concerning Subcontractors, Suppliers, and Others.................................................................... 23
6.07 Wage Rates.................................................................................................................................. 24
6.08 Patent Fees and Royalties ........................................................................................................... 25
6.09 Permits and Utilities.................................................................................................................... 26
6.10 Laws and Regulations ................................................................................................................. 26
6.11 Taxes ........................................................................................................................................... 27
6.12 Use of Site and Other Areas ....................................................................................................... 27
6.13 Record Documents...................................................................................................................... 28
6.14 Safety and Protection .................................................................................................................. 29
6.15 Safety Representative.................................................................................................................. 29
6.16 Hazard Communication Programs ............................................................................................. 30
6.17 Emergencies and/or Rectification............................................................................................... 30
6.18 Submittals.................................................................................................................................... 30
6.19 Continuing the Work................................................................................................................... 31
6.20 Contractor’s General Warranty and Guarantee .......................................................................... 32
6.21 Indemnification ......................................................................................................................... 32
6.22 Delegation of Professional Design Services .............................................................................. 33
6.23 Right to Audit.............................................................................................................................. 34
6.24 Nondiscrimination....................................................................................................................... 34
Article 7 – Other Work at the Site................................................................................................................... 34
7.01 Related Work at Site ................................................................................................................... 34
7.02 Coordination................................................................................................................................ 35
Article 8 – City’s Responsibilities................................................................................................................... 35
8.01 Communications to Contractor................................................................................................... 35
8.02 Furnish Data ................................................................................................................................ 35
8.03 Pay When Due ............................................................................................................................ 35
8.04 Lands and Easements; Reports and Tests................................................................................... 36
8.05 Change Orders............................................................................................................................. 36
8.06 Inspections, Tests, and Approvals .............................................................................................. 36
8.07 Limitations on City’s Responsibilities ....................................................................................... 36
8.08 Undisclosed Hazardous Environmental Condition .................................................................... 36
8.09 Compliance with Safety Program............................................................................................... 36
Article 9 – City’s Observation Status During Construction ........................................................................... 36
9.01 City’s Project Manager ……...................................................................................................... 36
9.02 Visits to Site ................................................................................................................................ 37
9.03 Authorized Variations in Work .................................................................................................. 37
9.04 Rejecting Defective Work .......................................................................................................... 37
9.05 Determinations for Work Performed .......................................................................................... 37
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Article 10 – Changes in the Work; Claims; Extra Work ................................................................................ 38
10.01 Authorized Changes in the Work ............................................................................................... 38
10.02 Unauthorized Changes in the Work ........................................................................................... 38
10.03 Execution of Change Orders....................................................................................................... 38
10.04 Extra Work .................................................................................................................................. 38
10.05 Notification to Surety.................................................................................................................. 39
10.06 Contract Claims Process ............................................................................................................. 39
Article 11 – Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement...................... 40
11.01 Cost of the Work ......................................................................................................................... 40
11.02 Allowances .................................................................................................................................. 43
11.03 Unit Price Work .......................................................................................................................... 43
11.04 Plans Quantity Measurement ...................................................................................................... 45
Article 12 – Change of Contract Price; Change of Contract Time................................................................. 45
12.01 Change of Contract Price ............................................................................................................ 45
12.02 Change of Contract Time............................................................................................................ 46
12.03 Delays .......................................................................................................................................... 47
Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 47
13.01 Notice of Defects ........................................................................................................................ 47
13.02 Access to Work ........................................................................................................................... 47
13.03 Tests and Inspections .................................................................................................................. 47
13.04 Uncovering Work........................................................................................................................ 49
13.05 City May Stop the Work ............................................................................................................. 49
13.06 Correction or Removal of Defective Work ................................................................................ 49
13.07 Correction Period ........................................................................................................................ 50
13.08 Acceptance of Defective Work................................................................................................... 51
13.09 City May Correct Defective Work ............................................................................................. 51
Article 14 – Payments to Contractor and Completion .................................................................................... 52
14.01 Schedule of Values...................................................................................................................... 52
14.02 Progress Payments ...................................................................................................................... 52
14.03 Contractor’s Warranty of Title ................................................................................................... 54
14.04 Partial Utilization ........................................................................................................................ 54
14.05 Final Inspection ........................................................................................................................... 55
14.06 Final Acceptance......................................................................................................................... 55
14.07 Final Payment.............................................................................................................................. 55
14.08 Final Completion Delayed and Partial Retainage Release ........................................................ 56
14.09 Waiver of Claims ........................................................................................................................ 56
Article 15 – Suspension of Work and Termination ........................................................................................ 57
15.01 City May Suspend Work............................................................................................................. 57
15.02 City May Terminate for Cause ................................................................................................... 57
15.03 City May Terminate For Convenience ....................................................................................... 59
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Article 16 – Dispute Resolution ...................................................................................................................... 61
16.01 Methods and Procedures ............................................................................................................. 61
Article 17 – Miscellaneous .............................................................................................................................. 62
17.01 Giving Notice .............................................................................................................................. 62
17.02 Computation of Times ................................................................................................................ 62
17.03 Cumulative Remedies ................................................................................................................. 62
17.04 Survival of Obligations ............................................................................................................... 63
17.05 Headings...................................................................................................................................... 63
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GENERAL CONDITIONS
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
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. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement—The written instrument which is evidence of the agreement between City and
Contractor covering the Work.
3. Application for Payment—The form acceptable to City which is to be used by Contractor
during the course of the Work in requesting progress or final payments and which is to be
accompanied by such supporting documentation as is required by the Contract Documents.
4. Asbestos—Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
5. Award – Authorization by the City Council for the City to enter into an Agreement.
6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
7. Bidder—The individual or entity who submits a Bid directly to City.
8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid
security of acceptable form, if any, and the Bid Form with any supplements.
10. Business Day – A business day is defined as a day that the City conducts normal business,
generally Monday through Friday, except for federal or state holidays observed by the City.
11. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight.
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CITY OF DENTON
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Revised September 20, 2018
12. Change Order—A document, which is prepared and approved by the City, which is signed
by Contractor and City and authorizes an addition, deletion, or revision in the Work or an
adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date
of the Agreement.
13. City— The City of Denton is a Texas home-rule municipal corporation acting by its City
Council through its City Manager or his designee.
14. City Attorney – The officially appointed City Attorney of the City of Denton, Texas, or his
duly authorized representative.
15. City Council - The duly elected and qualified governing body of the City of Denton,
Texas.
16. City Manager – The officially appointed and authorized City Manager of the City of
Denton, Texas, or his duly authorized representative.
17. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of
Contract Price or Contract Time, or both, or other relief with respect to the terms of the
Contract. A demand for money or services by a third party is not a Contract Claim.
18. Contract—The entire and integrated written document between the City and Contractor
concerning the Work. The Contract contains the Agreement and all Contract Documents and
supersedes prior negotiations, representations, or agreements, whether written or oral.
19. Contract Documents—Those items so designated in the Agreement. All items listed in the
Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and
the reports and drawings of subsurface and physical conditions are not Contract Documents.
20. Contract Price—The moneys payable by City to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the Agreement (subject to the
provisions of Paragraph 11.03 in the case of Unit Price Work).
21. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve
Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance.
22. Contractor—The individual or entity with whom City has entered into the Agreement.
23. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition.
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
24. Damage Claims – A demand for money or services arising from the Project or Site from a
third party, City or Contractor exclusive of a Contract Claim.
25. Day or day – A day, unless otherwise defined, shall mean a Calendar Day.
26. 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.
27. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
28. Engineer—The licensed professional engineer or engineering firm registered in the State of
Texas performing professional services for the City.
29. Extra Work – Additional work made necessary by changes or alterations of the Contract
Documents or quantities; or for other reasons for which no prices are provided in the
Contract Documents. Extra work shall be part of the Work.
30. Field Order — A written order issued by City which requires changes in the Work but
which does not involve a change in the Contract Price, Contract Time, or the intent of the
Engineer.
31. Final Acceptance – The written notice given by the City to the Contractor that the Work
specified in the Contract Documents has been completed to the satisfaction of the City.
32. 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.
33. General Requirements—Sections of Division 1 of the Contract Documents.
34. Hazardous Environmental Condition — The presence at the Site of Asbestos, PCBs,
Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or
circumstances that may present a substantial danger to persons or property exposed thereto.
35. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or
possesses one or more hazardous characteristics as defined in the federal waste regulations,
as amended from time to time.
36. Incidental – Work items that the Contractor is not paid for directly, but costs for which are
included under the various bid items of the Project.
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
37. 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.
38. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
39. Major Item – An Item of work included in the Contract Documents that has a total cost equal
to or greater than 5% of the original Contract Price or $25,000 whichever is less.
40. Milestone—A principal event specified in the Contract Documents relating to an intermediate
Contract Time prior to Final Acceptance of the Work.
41. Notice of Award—The written notice by City to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein, City
will sign and deliver the Agreement.
42. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform the
Work specified in Contract Documents.
43. PCBs—Polychlorinated biphenyls.
44. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square
inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and
oil mixed with other non-Hazardous Waste and crude oils.
45. Plans – See definition of Drawings.
46. 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.
47. Project—The Work to be performed under the Contract Documents.
48. Project Manager —The authorized representative of the City who will be assigned to the
Project.
49. Project Manual – The documentary information prepared for bidding and furnishing the
Work. A listing of the contents of the Project Manual is contained in its Table of Contents.
50. Public Meeting – An announced meeting conducted by the City to facilitate public
participation and to assist the public in gaining an informed view of the Project.
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
51. Radioactive Material—Source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
52. Regular Working Hours – Excluding legal holidays, regular working hours shall be Monday
thru Friday between 6:00 a.m. and 8:30 p.m. from June 1 to September 30 and between 7:00
a.m. and 8:30 p.m. from October 1 to May 31.
53. 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.
54. 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.
55. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor’s Applications for Payment.
56. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon
which the Work is to be performed, including rights-of-way, permits, and easements for
access thereto, and such other lands furnished by City which are designated for the use of
Contractor.
57. 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.
58. 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.
59. 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.
60. Subsidiary – See definition of Incidental.
61. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City
makes an Award.
62. Superintendent – The representative of the Contractor who is available at all times and able
to receive instructions from the City and to act for the Contractor.
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
63. Supplementary Conditions—That part of the Contract Documents which amends or
supplements these General Conditions.
64. 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.
65. 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.
66. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition.
67. Weekend Working Hours – Hours between 8:00 a.m. and 8:30 p.m., Saturday, and between
1:00 p.m. and 8:30 p.m. Sunday or legal holiday, as approved in advance by the City.
68. 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 Change Order or Field Order, and furnishing, installing, and incorporating all
materials and equipment into such construction, all as required by the Contract Documents.
69. 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 8 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Intent of Certain Terms or Adjectives:
1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as
directed” or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or
adjectives of like effect or import are used to describe an action or determination of City as to
the Work. It is intended that such exercise of professional judgment, action, or determination
will be solely to evaluate, in general, the Work for compliance with the information in the
Contract Documents and with the design concept of the Project as a functioning whole as
shown or indicated in the Contract Documents (unless there is a specific statement indicating
otherwise).
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
C. 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.
D. Furnish, Install, Perform, Provide:
1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or
the word “Supply,” or any 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.
E. 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.
ARTICLE 2 – PRELIMINARY MATTERS
2.01 Copies of Documents
City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the
Contract Documents, and three (3) additional copies of the Drawings. Additional copies will be
furnished upon request at the cost of reproduction.
2.02 Commencement of Contract Time; Notice to Proceed
The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time within 30 days after the Effective Date of the Agreement.
2.03 Starting the Work
Contractor shall start to perform the Work on the date when the Contract Time commences to run.
No Work shall be done at the Site prior to the date on which the Contract Time commences to run.
2.04 Before Starting Construction
Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the
Work.
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
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2.05 Preconstruction Conference
Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as
specified in the Contract Documents.
2.06 Public Meeting
Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor
attending the Public Meeting as scheduled by the City.
2.07 Initial Acceptance of Schedules
No progress payment shall be made to Contractor until acceptable schedules are submitted to City in
accordance with the Schedule Specification as provided in the Contract Documents.
2.08 Electronic Submittals
A. Except as otherwise stated elsewhere in the Contract, the City and Contractor may transmit, and
shall accept, Project-related correspondence, text, data, documents, drawings, information, and
graphics, including but not limited to Shop Drawings and other submittals, in electronic media or
digital format.
B. When transmitting items in electronic media or digital format, the transmitting party makes no
representations as to long term compatibility, usability, or readability of the items resulting from
the recipient’s use of software application packages, operating systems, or computer hardware
differing from those used in the drafting or transmittal of the items, or from those established in
applicable transmittal protocols.
ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by all.
B. It is the intent of the Contract Documents to describe a functionally complete project (or part
thereof) to be constructed in accordance with the Contract Documents. Any labor,
documentation, services, materials, or equipment that reasonably may be inferred from the
Contract Documents or from prevailing custom or trade usage as being required to produce the
indicated result will be provided whether or not specifically called for, at no additional cost to
City.
C. Clarifications and interpretations of the Contract Documents shall be issued by City.
D. The Specifications may vary in form, format and style. Some Specification sections may be
written in varying degrees of streamlined or declarative style and some sections may be
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Revised September 20, 2018
relatively narrative by comparison. Omission of such words and phrases as “the Contractor
shall,” “in conformity with,” “as shown,” or “as specified” are intentional in streamlined
sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions
may appear in various parts of a section or articles within a part depending on the format of the
section. The Contractor shall not take advantage of any variation of form, format or style in
making Contract Claims.
E. The cross referencing of specification sections under the subparagraph heading “Related
Sections include but are not necessarily limited to:” and elsewhere within each Specification
section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on
the cross referencing provided and shall be responsible to coordinate the entire Work under the
Contract Documents and provide a complete Project whether or not the cross referencing is
provided in each section or whether or not the cross referencing is complete.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
1. Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any instruction of a
Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any
of their subcontractors, consultants, agents, or employees, from those set forth in the Contract
Documents. No such provision or 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.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each
part of the Work, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein against all applicable field measurements and
conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity,
or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a
written interpretation or clarification from City before proceeding with any Work affected
thereby.
2. Contractor’s Review of Contract Documents During Performance of Work: If, during the
performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
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within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of
any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not
proceed with the Work affected thereby (except in an emergency as required by Paragraph
6.17.A) until an amendment or supplement to the Contract Documents has been issued by one
of the methods indicated in Paragraph 3.04.
3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or
discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.
B. Resolving Discrepancies:
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and the provisions of any
standard, specification, manual, or the instruction of any Supplier (whether or not specifically
incorporated by reference in the Contract Documents).
2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Drawings
shall govern over Specifications, and Supplementary Conditions shall govern over General
Conditions and Specifications.
3.04 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 Change Order.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work not involving a change in Contract Price or Contract Time, may be
authorized, by one or more of the following ways:
1. A Field Order;
2. City’s review of a Submittal (subject to the provisions of Paragraph 6.18.C); or
3. City’s written interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer,
including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of City and specific written
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verification or adaptation by Engineer.
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer
to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the
printed copies included in the Contract Documents (also known as hard copies). Files in
electronic media format of text, data, graphics, or other types are furnished only for the
convenience of the receiving party. Any conclusion or information obtained or derived from
such electronic files will be at the user’s sole risk. If there is a discrepancy between the
electronic files and the hard copies, the hard copies govern.
B. When transferring documents in electronic media format, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from those used by the data’s creator.
ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of
general application but specifically related to use of the Site with which Contractor must comply
in performing the Work. City will obtain in a timely manner and pay for easements for
permanent structures or permanent changes in existing facilities.
1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or
easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in
accordance with the schedule set forth in the Supplementary Conditions. The Project
Schedule submitted by the Contractor in accordance with the Contract Documents must
consider any outstanding right-of-way, and/or easements.
2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site.
Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted
by the Contractor in accordance with the Contract Documents must consider any outstanding
utilities or obstructions to be removed, adjusted, and/or relocated by others.
B. Upon reasonable written request, City shall furnish Contractor with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed.
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C. Contractor shall provide for all additional lands and access thereto that may be required for
construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. those drawings known to City of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the “technical data” contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such “technical data” is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor’s purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor, and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such
other data, interpretations, opinions, or information.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or
revealed either:
1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to
rely as provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the Contract Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
then Contractor shall, promptly after becoming aware thereof and before further disturbing the
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subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.17.A), notify City in writing about such condition.
B. Possible Price and Time Adjustments
Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if:
1. Contractor knew of the existence of such conditions at the time Contractor made a final
commitment to City with respect to Contract Price and Contract Time by the submission of a
Bid or becoming bound under a negotiated contract; or
2. the existence of such condition could reasonably have been discovered or revealed as a result
of the examination of the Contract Documents or the Site; or
3. Contractor failed to give the written notice as required by Paragraph 4.03.A.
4.04 Underground Facilities
A. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on
information and data furnished to City or Engineer by the owners of such Underground
Facilities, including City, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1. City and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others; and
2. the cost of all of the following will be included in the Contract Price, and Contractor shall
have full responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination and adjustment of the Work with the owners of such Underground
Facilities, including City, during construction; and
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated:
1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or
contiguous to the Site which was not shown or indicated, or not shown or indicated with
reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming
aware thereof and before further disturbing conditions affected thereby or performing any
Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),
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identify the owner of such Underground Facility and give notice to that owner and to City.
City will review the discovered Underground Facility and determine the extent, if any, to
which a change may be required in the Contract Documents to reflect and document the
consequences of the existence or location of the Underground Facility. Contractor shall be
responsible for the safety and protection of such discovered Underground Facility.
2. If City concludes that a change in the Contract Documents is required, a Change Order may
be issued to reflect and document such consequences.
3. Verification of existing utilities, structures, and service lines shall include notification of all
utility companies a minimum of 48 hours in advance of construction including exploratory
excavation if necessary.
4.05 Hazardous Environmental Condition at Site
A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings
known to City relating to Hazardous Environmental Conditions that have been identified at the
Site.
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the “technical data” contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such “technical data” is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor’s purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
construction to be employed by Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such
other data, interpretations, opinions or information.
C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. Contractor shall be responsible
for a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby (except in an emergency as required by
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Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing).
City may consider the necessity to retain a qualified expert to evaluate such condition or take
corrective action, if any.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after City has obtained any required permits related thereto and delivered
written notice to Contractor: (i) specifying that such condition and any affected area is or has
been rendered suitable for the resumption of Work; or (ii) specifying any special conditions
under which such Work may be resumed.
F. If after receipt of such written notice Contractor does not agree to resume such Work based on a
reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then City may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work. City may have such deleted portion of the Work
performed by City’s own forces or others.
G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and
hold harmless City, from and against all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and
all court or arbitration or other dispute resolution costs) arising out of or relating to a
Hazardous Environmental Condition created by Contractor or by anyone for whom
Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to
indemnify any individual or entity from and against the consequences of that individual’s or
entity’s own negligence.
H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 – BONDS AND INSURANCE
5.01 Licensed Sureties and Insurers
All bonds and insurance required by the Contract Documents to be purchased and maintained by
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Texas to issue bonds or insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.02 Performance, Payment, and Maintenance Bonds
A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government
Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as
security for the faithful performance and payment of all of Contractor’s obligations under the
Contract Documents.
B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security
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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.
The bonds must be dated on, or after, the date of the Contract.
D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in the State of Texas or it ceases to meet the requirements of
Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event
giving rise to such notification, provide another bond and surety, both of which shall comply
with the requirements of Paragraphs 5.01 and 5.02.C.
5.03 Certificates of Insurance
A. Contractor shall deliver to City, with copies to each additional insured and loss payee identified
in the Supplementary Conditions, certificates of insurance (and other evidence of insurance
requested by City or any other additional insured) which Contractor is required to purchase and
maintain.
1. The certificate of insurance shall document the City, and all identified entities named in the
Supplementary Conditions as “Additional Insured” on all liability policies.
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 the Supplementary
Conditions
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6. Failure of the City to demand such certificates or other evidence of full compliance with the
insurance requirements or failure of the City to identify a deficiency from evidence that is
provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines
of insurance coverage.
7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
8. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If
coverage is underwritten on a claims-made basis, the retroactive 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.
9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups, or self-funding, must also be approved by City.
11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a
first-dollar basis, must be acceptable to and approved by the City.
12. City, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverage’s and their limits when deemed
necessary and prudent by the City based upon the scope of the Work, changes in statutory
law, court decision or the claims history of the industry as well as of the contracting party to
the City. The City shall be required to provide prior notice of 90 days, and the insurance
adjustments shall be incorporated into the Work by Change Order.
13. City shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto and may make any reasonable requests for deletion or revision or
modifications of particular policy terms, conditions, limitations, or exclusions necessary to
conform the policy and endorsements to the requirements of the Contract. Deletions,
revisions, or modifications shall not be required where policy provisions are established by
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law or regulations binding upon either party or the underwriter on any such policies.
14. City shall not be responsible for the direct payment of insurance premium costs for
Contractor’s insurance.
5.04 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.
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, liability under an insured contract, and
explosion/collapse/underground (where those exposures exist). 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.
For construction projects that present a substantial completed operation exposure, the City may
require the contractor to maintain completed operations coverage for a minimum of no less than
three (3) years following the completion of the project (if identified in the Supplementary
Conditions).
C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”,
defined as autos owned, hired and non-owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone
for whose acts any of them may be liable.
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D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the requirements identified in the
Supplementary Conditions.
E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation
or other loss of insurance coverage. Contractor shall stop work until replacement insurance has
been procured. There shall be no time credit for days not worked pursuant to this section.
5.05 Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing
within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor
shall provide to the City such additional information in respect of insurance provided as the City may
reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance
required by the Contract Documents, the City shall notify the Contractor in writing of such failure
prior to the start of the Work, or of such failure to maintain prior to any change in the required
coverage.
ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction.
B. At all times during the progress of the Work, Contractor shall assign a competent
Superintendent, who is proficient in English, and who shall not be replaced without written
notice to City. If at any time the Superintendent is not satisfactory to the City, Contractor shall, if
requested by City, replace the Superintendent with another satisfactory to City.
C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of
construction.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to perform construction as
required by the Contract Documents. Contractor shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. Contractor will not permit the
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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 Wednesday
3. for legal holidays, request must be made by noon seven Days prior to the legal
holiday.
6.03 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, whether or not such items are
specifically called for in the Contract Documents.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of sufficient quality to complete the Work 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.
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.
D. All items of standard equipment to be incorporated into the Work shall be the latest model at the
time of bid, unless otherwise specified.
6.04 Project Schedule
A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07
and the General Requirements as it may be adjusted from time to time as provided below.
1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and
the General Requirements) proposed adjustments in the Project Schedule that will not result
in changing the Contract Time. Such adjustments will comply with any provisions of the
General Requirements applicable thereto.
2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment
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for the duration of the Contract in accordance with the schedule specification 01 32 16.
3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Time
may only be made by a Change Order.
6.05 Substitutes and “Or-Equals”
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or “or-equal” item or no substitution is 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 6.05.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. the City 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
4) it is not objectionable to the City. b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time; and
2) it will conform substantially to the detailed requirements of the item named in 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 6.05.A.1, it may be submitted as a
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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:
a) perform adequately the functions and achieve the results called for by the general
design;
b) be similar in substance to that specified;
c) be suited to the same use as that specified; and
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor’s achievement of final completion on time;
b) 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;
c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
a) all variations of the proposed substitute item from that specified;
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
B. Substitute Construction 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
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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 6.05.A.2.
C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. City may require
Contractor to furnish additional data about the proposed substitute. City will be the sole judge of
acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an “or-equal.” City will advise Contractor in writing of its 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 6.05.A.2 and 6.05.B. Whether or not City
approves a substitute so proposed or submitted by Contractor, Contractor may be required to
reimburse City for evaluating each such proposed substitute. Contractor may also be required to
reimburse City for the charges for making changes in the Contract Documents (or in the
provisions of any other direct contract with City) resulting from the acceptance of each proposed
substitute.
F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or
“or-equal” at Contractor’s expense.
G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a
substitute shall be incorporated to the Contract by Change Order.
H. Time Extensions: No additional time will be granted for substitutions.
6.06 Concerning Subcontractors, Suppliers, and Others
A. Contractor shall perform with his own organization, work of a value not less than 35% of the
value embraced on the Contract, unless otherwise approved by the City.
B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether
initially or as a replacement, against whom City may have reasonable objection. Contractor shall
not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or
perform any of the Work against whom Contractor has reasonable objection (excluding those
acceptable to City as indicated in Paragraph 6.06.C).
C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other
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individuals or entities on the project, and will provide such requirements in the Supplementary
Conditions.
D. 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.
E. 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.
F. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any
of the Work shall communicate with City through Contractor.
G. 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 the Contract
Documents for the benefit of City.
6.07 Wage Rates
A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of
Chapter 2258, Texas Government Code (as amended), including the payment of not less than the
rates determined by the City Council of the City of Denton 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
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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
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.
6.08 Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process,
product, or device which is the subject of patent rights or copyrights held by others. If a
particular invention, design, process, product, or device is specified in the Contract Documents
for use in the performance of the Work and if, to the actual knowledge of City, its use is subject
to patent rights or copyrights calling for the payment of any license fee or royalty to others, the
existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City
to disclose such information does not relieve the Contractor from its obligations to pay for the
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use of said fees or royalties to others.
B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other 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.
6.09 Permits and Utilities
A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction
permits and licenses except those provided for in the Supplementary Conditions or Contract
Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses.
Contractor shall pay all governmental charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B.
City shall pay all charges of utility owners for connections for providing permanent service to the
Work.
B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as
provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor’s
responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the
Contract and the City approves the changes, the Contractor is responsible for obtaining
clearances and coordinating with the appropriate regulatory agency. The City will not reimburse
the Contractor for any cost associated with these requirements of any City acquired permit. The
following are permits the City will obtain if required:
1. Texas Department of Transportation Permits
2. U.S. Army Corps of Engineers Permits
3. Texas Commission on Environmental Quality Permits
4. Railroad Company Permits
5. Texas Department of Licensing and Regulation (TDLR) Permits
C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits
and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by
the Contractor in accordance with the Contract Documents must consider any outstanding
permits and licenses.
6.10 Laws and Regulations
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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 3.02.
C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on
the cost or time of performance of the Work may be the subject of an adjustment in Contract
Price or Contract Time.
6.11 Taxes
A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to
Texas Tax Code, Subchapter H (as amended), the Contractor may purchase, rent or lease all
materials, supplies and equipment used or consumed in the performance of this contract by
issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to
comply with State Comptroller’s Rulings applicable to Texas Tax Code, Subchapter H. Any such
exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall
comply with all applicable rulings pertaining to the Texas Tax Code, Subchapter H.
B. Texas Tax permits and information may be obtained from:
1. Comptroller of Public Accounts
Sales Tax Division
Capitol Station
Austin, TX 78711; or
2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html
6.12 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
1. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
other materials or equipment. Contractor shall assume full responsibility for any damage to
any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
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resulting from the performance of the Work.
2. At any time when, in the judgment of the City, the Contractor has obstructed, 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. Construction equipment, spoil materials, supplies, forms, buildings, labs, or equipment and
supply storage buildings, or any other item that may be transported by flood flows, shall not
be stored within existing federal floodways during the course of the Work.
4. 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.
5. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from
and against all claims, costs, losses, and damages arising out of or relating to any claim or
action, legal or equitable, brought by any such owner or occupant against City.
B. Removal of Debris During Performance of the Work: During the progress of the Work
Contractor shall keep the 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, if the Contractor
fails to correct the unsatisfactory procedure, the City may take such direct action as the City
deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written
notice (by letter or electronic communication), and the costs of such direct action, plus 25% of
such costs, shall be deducted from the monies due or to become due to the Contractor.
D. Final Site Cleaning: Prior to Final Acceptance of the Work, Contractor shall clean the Site and
the 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.
6.13 Record Documents
A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and
approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated to
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show changes made during construction. These record documents together with all approved
Samples and a counterpart of all accepted Submittals will be available to City for reference.
Upon completion of the Work, these record documents, any operation and maintenance manuals,
and Submittals will be delivered to City prior to Final Inspection. Contractor shall include
accurate locations for buried and embedded items.
6.14 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 6.14.A.2 or 6.14.A.3 caused,
directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any
other individual or 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.
6.15 Safety Representative
Contractor shall inform City in writing of Contractor’s designated safety representative at the Site.
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6.16 Hazard Communication Programs
Contractor shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or among
employers in accordance with Laws or Regulations.
6.17 Emergencies and/or Rectification
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.
Contractor shall give City prompt written notice if Contractor believes that any significant
changes in the Work or variations from the Contract Documents have been caused thereby or are
required as a result thereof. If City determines that a change in the Contract Documents is
required because of the action taken by Contractor in response to such an emergency, a Change
Order may be issued.
B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies,
omissions, or correction necessary to conform with the requirements of the Contract Documents,
the City shall give the Contractor written notice that such work or changes are to be performed.
The written notice shall direct attention to the discrepant condition and request the Contractor to
take remedial action to correct the condition. In the event the Contractor does not take positive
steps to fulfill this written request, or does not show just cause for not taking the proper action,
within 24 hours, the City may take such remedial action with City resources or by contract. The
City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from
any funds due or become due the Contractor on the Project.
6.18 Submittals
A. Contractor shall submit required Submittals to City for review and acceptance in accordance
with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be
identified as City may require.
1. Submit in accordance with 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 demonstrate to 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 6.18.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.
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5. For-Information-Only submittals upon which the City is not expected to conduct review or
take responsive action may be so identified in the Contract Documents.
6. Submit required number of Samples specified in the Specifications.
7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City to review the
submittal for the limited purposes required by Paragraph 6.18.C.
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.
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.
6.19 Continuing the Work
Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with City. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in
writing.
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6.20 Contractor’s General Warranty and Guarantee
A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor’s warranty and guarantee.
B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
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 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
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
5.02.B. The City will give notice of observed defects with reasonable promptness.
6.21 Indemnification
A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
expense, the City, its officers, servants and employees, from and against any and all claims
arising out of, or alleged to arise out of, the work and services to be performed by the
Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
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.
6.22 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.
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 6.22, City’s review and acceptance of design calculations and design
drawings will be only for the limited purpose of checking for conformance with performance and
design criteria given and the design concept expressed in the Contract Documents. City’s review
and acceptance of Submittals (except design calculations and design drawings) will be only for
the purpose stated in Paragraph 6.18.C.
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
6.23 Right to Audit
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an audit is in
progress or audit findings are yet unresolved, in which case records shall be kept until all audit
tasks are completed and resolved. These books, records, documents and other evidence shall be
available, within ten (10) business days of written request. Further, the Contractor shall also
require all Subcontractors, material suppliers, and other payees to retain all books, records,
documents and other evidence pertaining to the Contract, and to allow the City similar access to
those documents. All books and records will be made available within a 50 mile radius of the
City. The cost of the audit will be borne by the City unless the audit reveals an overpayment of
1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit,
including any travel costs, must be borne by the Contractor which must be payable within five (5)
business days of receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract
and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the
terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed
to include drafts and electronic files, even if such drafts or electronic files are subsequently used
to generate or prepare a final printed document.
6.24 Nondiscrimination
A. The City is responsible for operating Public Transportation Programs and implementing transit-
related projects, which are funded in part with Federal financial assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race, color, or national
origin.
B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
ARTICLE 7 – OTHER WORK AT THE SITE
7.01 Related Work at Site
A. City may perform other work related to the Project at the Site with City’s employees, or other
City contractors, or through other direct contracts therefor, or have other work 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
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
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.
7.02 Coordination
A. If City intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such
coordination.
ARTICLE 8 – CITY’S RESPONSIBILITIES
8.01 Communications to Contractor
Except as otherwise provided in the Supplementary Conditions, City shall issue all communications
to Contractor.
8.02 Furnish Data
City shall timely furnish the data required under the Contract Documents.
8.03 Pay When Due
City shall make payments to Contractor in accordance with Article 14.
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
8.04 Lands and Easements; Reports and Tests
City’s duties with respect to providing lands and easements and providing engineering surveys to
establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City’s
identifying and making available to Contractor copies of reports of explorations and tests of
subsurface conditions and drawings of physical conditions relating to existing surface or subsurface
structures at or contiguous to the Site that have been utilized by City in preparing the Contract
Documents.
8.05 Change Orders
City shall execute Change Orders in accordance with Paragraph 10.03.
8.06 Inspections, Tests, and Approvals
City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
13.03.
8.07 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 6.14.
8.08 Undisclosed Hazardous Environmental Condition
City’s responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth
in Paragraph 4.06.
8.09 Compliance 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 6.14.
ARTICLE 9 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION
9.01 City’s Project Manager or Duly Authorized Representative
City will provide a Project Manager or duly authorized representative during the construction
period. The duties and responsibilities and the limitations of authority of City’s Project Manager or
duly appointed representative during construction are set forth in the Contract Documents. City’s
Project Manager for this Contract is as set forth in the Supplementary Conditions. City will establish
a duly authorized representative at the Preconstruction Meeting in accordance with Section 01 31 19.
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
9.02 Visits to Site
A. City 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 will determine, in general, if the Work is proceeding in
accordance with the Contract Documents. City will not be required to make exhaustive or
continuous inspections on the Site to check the quality or quantity of the Work. City’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 visits and observations are subject to all the limitations on authority and responsibility set
forth in Paragraph 8.07. Particularly, but without limitation, during or as a result of City’s visits
or observations of Contractor’s Work, City will not supervise, direct, control, or have authority
over or 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.
9.03 Authorized Variations in Work
City’s Project Manager or duly authorized 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 and also on Contractor, who shall perform the Work
involved promptly.
9.04 Rejecting Defective Work
City will have authority to reject Work which City’s Project Manager or duly authorized
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 13, whether or not the Work
is fabricated, installed, or completed.
9.05 Determinations for Work Performed
Contractor will determine the actual quantities and classifications of Work performed. City’s Project
Manager or duly authorized 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).
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder.
B. City will render a written decision on any issue referred.
C. City’s written decision on the issue referred will be final and binding on the Contractor, subject
to the provisions of Paragraph 10.06.
ARTICLE 10 – CHANGES IN THE WORK; CLAIMS; EXTRA WORK
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, City may, at any time or from
time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall proceed with
the Work involved only upon receiving written notice from City. Extra Work will be performed
under the applicable conditions of the Contract Documents (except as otherwise specifically
provided). Extra Work shall be memorialized by a Change Order which may or may not precede
an order of Extra work.
B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field
Order may be issued by the City.
10.02 Unauthorized Changes in the Work
Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract
Time with respect to any work performed that is not required by the Contract Documents as
amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an
emergency as provided in Paragraph 6.17.
10.03 Execution of Change Orders
A. City and Contractor shall execute appropriate Change Orders covering:
1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08 or City’s correction
of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract Time which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed.
10.04 Dispute of Extra Work
A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment
thereof, and the City insists upon its performance, the Contractor shall proceed with the work
after making written request for written orders and shall keep accurate account of the actual
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to
Paragraph 10.06.
B. The Contractor shall furnish the City such installation records of all deviations from the original
Contract Documents as may be necessary to enable the City to prepare for permanent record a
corrected set of plans showing the actual installation.
C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall
be a full, complete and final payment for all costs Contractor incurs as a result or relating to the
change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that
time, including without limitation, any costs for delay, extended overhead, ripple or impact cost,
or any other effect on changed or unchanged work as a result of the change or Extra Work.
10.05 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s
responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the
effect of any such change.
10.06 Contract Claims Process
A. City’s Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09,
shall be referred to the City for decision. A decision by City shall be required as a condition
precedent to any exercise by Contractor of any rights or remedies he may otherwise have under
the Contract Documents or by Laws and Regulations in respect of such Contract Claims.
B. Notice:
1. Written notice stating the general nature of each Contract Claim shall be delivered by the
Contractor to City no later than 15 days after the start of the event giving rise thereto. The
responsibility to substantiate a Contract Claim shall rest with the party making the Contract
Claim.
2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered
to the City on or before 45 days from the start of the event giving rise thereto (unless the City
allows additional time for Contractor to submit additional or more accurate data in support of
such Contract Claim).
3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with
the provisions of Paragraph 12.01.
4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with
the provisions of Paragraph 12.02.
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5. Each Contract Claim shall be accompanied by Contractor’s written statement that the
adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a
result of said event.
6. The City shall submit any response to the Contractor within 30 days after receipt of the
claimant’s last submittal (unless Contract allows additional time).
C. City’s Action: City will review each Contract Claim and, within 30 days after receipt of the last
submittal of the Contractor, if any, take one of the following actions in writing:
1. deny the Contract Claim in whole or in part;
2. approve the Contract Claim; or
3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City’s
sole discretion, it would be inappropriate for the City to do so. For purposes of further
resolution of the Contract Claim, such notice shall be deemed a denial.
D. City’s written action under Paragraph 10.06.C will be final and binding, unless City or
Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such
action or denial.
E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not
submitted in accordance with this Paragraph 10.06.
F. If the City fails to take any action pursuant to Paragraph 10.06 (C) the contract Claim is
considered to have been denied by the City.
ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS
QUANTITY MEASUREMENT
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the
Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to
Contractor will be only those additional or incremental costs required because of the change in
the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall
include but not be limited to the following items:
1. Payroll costs for employees in the direct employ of Contractor in the performance of the
Work under schedules of job classifications agreed upon by City and Contractor. Such
employees shall include, without limitation, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall
include;
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
a. salaries and wages plus the cost of fringe benefits, which shall include social security
contributions, unemployment, excise, and payroll taxes, workers’ compensation, health
and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of Regular Working Hours, Weekend
Working Hours, or legal holidays, shall be included in the above to the extent authorized
by City.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers’ field services required in connection
therewith.
3. Rentals of all construction equipment and machinery, and the parts thereof whether rented
from Contractor or others in accordance with rental agreements approved by City, and the
costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All
such costs shall be in accordance with the terms of said rental agreements. The rental of any
such equipment, machinery, or parts shall cease when the use thereof is no longer necessary
for the Work.
4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If
required by City, Contractor shall obtain competitive bids from subcontractors acceptable to
City and Contractor and shall deliver such bids to City, who will then determine, which bids,
if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on
the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall
be determined in the same manner as Contractor’s Cost of the Work and fee as provided in
this Paragraph 11.01.
5. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
to the Work.
6. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor’s employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facilities at the Site, and hand tools not
owned by the workers, which are consumed in the performance of the Work, and cost,
less market value, of such items used but not consumed which remain the property of
Contractor.
c. Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and
Regulations.
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d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable, and royalty payments and fees for permits and licenses.
e. Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection with the
performance of the Work, provided such losses and damages have resulted from causes
other than the negligence of Contractor, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable. Such
losses shall include settlements made with the written consent and approval of City. No
such losses, damages, and expenses shall be included in the Cost of the Work for the
purpose of determining Contractor’s fee.
f. The cost of utilities, fuel, and sanitary facilities at the Site.
g. Minor expenses such as telegrams, long distance telephone calls, telephone and
communication services at the Site, express and courier services, and similar petty cash
items in connection with the Work.
h. The costs of premiums for all bonds and insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the
Site or in Contractor’s principal or branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be
considered administrative costs covered by the Contractor’s fee.
2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the
Site.
3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital
employed for the Work and charges against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective Work, disposal of materials or equipment wrongly
supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind.
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C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee
shall be determined as set forth in the Agreement. When the value of any Work covered by a
Change Order for an adjustment in Contract Price is determined on the basis of Cost of the
Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C.
D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable to City
an itemized cost breakdown together with supporting data.
11.02 Allowances
A. Specified Allowance: It is understood that Contractor has included in the Contract Price all
allowances so named in the Contract Documents and shall cause the Work so covered to be
performed for such sums and by such persons or entities as may be acceptable to City.
B. Cash Allowances:
1. Contractor agrees that:
a. the cash allowances include the cost to Contractor (less any applicable trade discounts)
of materials and equipment required by the allowances to be delivered at the Site, and all
applicable taxes; and
b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the cash allowances have been included in
the allowances, and no demand for additional payment on account of any of the
foregoing will be valid.
C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole
use of City.
D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due
Contractor on account of Work covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
actual quantities and classifications of Unit Price Work performed by Contractor will be made by
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City subject to the provisions of Paragraph 9.05.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to
cover Contractor’s overhead and profit for each separately identified item. Work described in the
Contract Documents, or reasonably inferred as required for a functionally complete installation,
but not identified in the listing of unit price items shall be considered incidental to unit price
work listed and the cost of incidental work included as part of the unit price.
D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if:
1. the quantity of any item of Unit Price Work performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Work.
E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in
accordance with Paragraph 10.01.
1. If the changes in quantities or the alterations do not significantly change the character of
work under the Contract Documents, the altered work will be paid for at the Contract unit
price.
2. If the changes in quantities or alterations significantly change the character of work, the
Contract will be amended by a Change Order.
3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended
by a Change Order in accordance with Article 12.
4. A significant change in the character of work occurs when:
a. the character of work for any Item as altered differs materially in kind or nature from that
in the Contract or
b. a Major Item of work varies by more than 25% from the original Contract quantity.
5. When the quantity of work to be done under any Major Item of the Contract is more than
125% of the original quantity stated in the Contract, then either party to the Contract may
request an adjustment to the unit price on the portion of the work that is above 125%.
6. When the quantity of work to be done under any Major Item of the Contract is less than 75%
of the original quantity stated in the Contract, then either party to the Contract may request
an adjustment to the unit price.
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11.04 Plans Quantity Measurement for Unclassified Excavation or Embankment
A. Plans quantities may or may not represent the exact quantity of work performed or material
moved, handled, or placed during the execution of the Contract. The estimated bid quantities are
designated as final payment quantities, unless revised by the governing Section or this Article.
B. If the quantity measured as outlined under “Price and Payment Procedures” varies by more than
25% (or as stipulated under “Price and Payment Procedures” for specific Items) from the total
estimated quantity for an individual Item originally shown in the Contract Documents, an
adjustment may be made to the quantity of authorized work done for payment purposes. The
party to the Contract requesting the adjustment will provide field measurements and calculations
showing the final quantity for which payment will be made. Payment for revised quantity will be
made at the unit price bid for that Item, except as provided for in Article 10.
C. When quantities are revised by a change in design approved by the City, by Change Order, or to
correct an error, or to correct an error on the plans, the plans quantity will be increased or
decreased by the amount involved in the change, and the 25% variance will apply to the new
plans quantity.
D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than
$250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans
quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans
quantity.
E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are
not applicable.
ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME
12.01 Change of Contract Price
A. The Contract Price may only be changed by a Change Order.
B. The value of any Work covered by a Change Order will be determined as follows:
1. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the items involved (subject to the
provisions of Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum or unit price (which may include an allowance for overhead
and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost
of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work;
or
3. where the Work involved is not covered by unit prices contained in the Contract Documents
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and agreement to a lump sum or unit price is not reached under Paragraph 12.01.B.2, on the
basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a
Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C).
C. Contractor’s Fee: The Contractor’s additional fee for overhead and profit shall be determined as
follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various
portions of the Cost of the Work:
a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the
Contractor’s additional fee shall be 15 percent except for:
1) rental fees for Contractor’s own equipment using standard rental rates;
2) bonds and insurance;
b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor’s fee shall be
five percent (5%);
1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee
and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and
12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever
tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under
Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and
Contractor will each be paid a fee of five percent (5%) of the amount paid to the next
lower tier Subcontractor, however in no case shall the cumulative total of fees paid be
in excess of 25%;
c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and
11.01.B;
d. the amount of credit to be allowed by Contractor to City for any change which results in
a net decrease in cost will be the amount of the actual net decrease in cost plus a
deduction in Contractor’s fee by an amount equal to five percent (5%) of such net
decrease.
12.02 Change of Contract Time
A. The Contract Time may only be changed by a Change Order.
B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless
the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project
Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or
claimed delay adversely affects the critical path.
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12.03 Delays
A. Where Contractor is reasonably delayed in the performance or completion of any part of the
Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time
may be extended in an amount equal to the time lost due to such delay if a Contract Claim is
made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts
or neglect by City, acts or neglect of utility owners or other contractors performing other work as
contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in
this Paragraph.
B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays
within the control of Contractor. Delays attributable to and within the control of a Subcontractor
or Supplier shall be deemed to be delays within the control of Contractor.
D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when
direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide
information or material, if any, which is to be furnished by the City.
ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
Notice of all defective Work of which City has actual knowledge will be given to Contractor.
Defective Work may be rejected, corrected, or accepted as provided in this Article 13.
13.02 Access to Work
City, independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them of
Contractor’s safety procedures and programs so that they may comply therewith as applicable.
13.03 Tests and Inspections
A. Contractor shall give City timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any
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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 acceptable to
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 13.03 D result in a “fail”, “did not pass” or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the
Testing Lab by Contractor. City will forward all invoices for retests to Contractor.
4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing
Lab is paid.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of City, Contractor shall, if requested by City, uncover
such Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense.
G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued
under Section 13.03 D.
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13.04 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.
B. If City considers it necessary or advisable that covered Work be observed by City or inspected or
tested by others, Contractor, at City’s request, shall uncover, expose, or otherwise make available
for observation, inspection, or testing as City may require, that portion of the Work in question,
furnishing all necessary labor, material, and equipment.
1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs,
losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or other dispute resolution costs) arising out
of or relating to such uncovering, exposure, observation, inspection, and testing, and of
satisfactory replacement or reconstruction (including but not limited to all costs of repair or
replacement of work of others); or City shall be entitled to accept defective Work in
accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all
costs associated with exposing, observing, and testing the defective Work.
2. If the uncovered Work is not found to be defective, Contractor shall be allowed an
extension of the Contract Time directly attributable to such uncovering, exposure,
observation, inspection, testing, replacement, and reconstruction.
13.05 City May Stop the Work
If the Work is defective, or 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.
13.06 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.
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B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or otherwise impair City’s special warranty and
guarantee, if any, on said Work.
13.07 Correction Period
A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
Documents), any Work is found to be defective, or if the repair of any damages to the land or
areas made available for Contractor’s use by City or permitted by Laws and Regulations as
contemplated in Paragraph 6.10.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. In special circumstances where a particular item of equipment is placed in continuous service
before Final Acceptance of all the Work, the correction period for that item may start to run from
an earlier date if so provided in the Contract Documents.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of one year after the end of
the initial correction period. City shall provide 30 days written notice to Contractor should such
additional warranty coverage be required. Contractor may dispute this requirement by filing a
Contract Claim, pursuant to Paragraph 10.06.
E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
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13.08 Acceptance of Defective Work
If, instead of requiring correction or removal and replacement of defective Work, City prefers to
accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or other dispute resolution costs) attributable to City’s evaluation of and determination to
accept such defective Work and for the diminished value of the Work to the extent not otherwise
paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be
issued incorporating the necessary revisions in the Contract Documents with respect to the Work,
and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished
value of Work so accepted.
13.09 City 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
13.06.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, correct, or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed
expeditiously. In connection with such 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
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 13.09.
ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve
as the basis for progress payments and will be incorporated into a form of Application for Payment
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acceptable to City. Progress payments on account of Unit Price Work will be based on the number of
units completed.
14.02 Progress Payments
A. Applications for Payments:
1. Contractor is responsible for providing all information as required to become a vendor of the
City.
2. At least 20 days before the date established in the General Requirements for each progress
payment, Contractor shall submit to City for review an Application for Payment filled out
and signed by Contractor covering the Work completed as of the date of the Application and
accompanied by such supporting documentation as is required by the Contract Documents.
3. If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at the Site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice, or other
documentation warranting that City has received the materials and equipment free and clear
of all Liens and evidence that the materials and equipment are covered by appropriate
insurance or other arrangements to protect City’s interest therein, all of which must be
satisfactory to City.
4. Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that previous progress payments received on account of the
Work have been applied on account to discharge Contractor’s legitimate obligations
associated with prior Applications for Payment.
5. The amount of retainage with respect to progress payments will be as stipulated in the
Contract Documents.
B. Review of Applications:
1. City will, after receipt of each Application for Payment, either indicate in writing a
recommendation of payment or return the Application to Contractor indicating reasons for
refusing payment. In the latter case, Contractor may make the necessary corrections and
resubmit the Application.
2. City’s processing of any payment requested in an Application for Payment will be based on
City’s observations of the executed Work, and on City’s review of the Application for
Payment and the accompanying data and schedules, that to the best of City’s knowledge:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,
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the results of any subsequent tests called for in the Contract Documents, a final
determination of quantities and classifications for Work performed under Paragraph 9.05,
and any other qualifications stated in the recommendation).
3. Processing any such payment will not thereby be deemed to have represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to City in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle Contractor
to be paid additionally by City or entitle City to withhold payment to Contractor, or
c. Contractor has complied with Laws and Regulations applicable to Contractor’s
performance of the Work.
4. City may refuse to process the whole or any part of any payment because of subsequently
discovered evidence or the results of subsequent inspections or tests, and revise or revoke
any such payment previously made, to such extent as may be necessary to protect City from
loss because:
a. the Work is defective, or the completed Work has been damaged by the Contractor or his
subcontractors, requiring correction or replacement;
b. discrepancies in quantities contained in previous applications for payment;
c. the Contract Price has been reduced by Change Orders;
d. City has been required to correct defective Work or complete Work in accordance with
Paragraph 13.09; or
e. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Retainage:
1. For all contracts, retainage shall be five percent (5%).
D. Liquidated Damages: For each calendar day that any work shall remain uncompleted after the
time specified in the Contract Documents, the sum per day specified in the Agreement, will be
deducted from the monies due the Contractor, not as a penalty, but as liquidated damages
suffered by the City.
E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment
will become due in accordance with the Contract Documents.
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F. Reduction in Payment:
1. City may refuse to make payment of the amount requested because:
a. Claims have been made against City on account of Contractor’s performance or
furnishing of the Work;
b. Liens have been filed in connection with the Work, except where Contractor
has delivered a specific bond satisfactory to City to secure the satisfaction and
discharge of such Liens;
c. there are other items entitling City to a set-off against the amount recommended; or
d. City has actual knowledge of the occurrence of any of the events enumerated
in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A.
2. If City refuses to make payment of the amount requested, City will give Contractor
written notice stating the reasons for such action and pay Contractor any amount remaining
after deduction of the amount so withheld. City shall pay Contractor the amount so
withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor
remedies the reasons for such action.
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14.03 Contractor’s Warranty of Title
Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to City no later than
the time of payment free and clear of all Liens.
14.04 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.
14.05 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
1. City will promptly schedule a Final Inspection with Contractor.
2. City will notify Contractor in writing of all particulars in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
B. City reserves the right to deny request for Final Inspection if City determines that the entire Work
is not sufficiently complete to warrant a Final Inspection.
14.06 Final Acceptance
Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final
Inspection, City will issue to Contractor a letter of Final Acceptance.
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14.07 Final Payment
A. Application for Payment:
1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for
final payment following the procedure for progress payments in accordance with the
Contract Documents.
2. The final Application for Payment shall be accompanied (except as previously delivered) by:
a. all documentation called for in the Contract Documents, including but not limited to
the evidence of insurance required by Paragraph 5.03;
b. consent of the surety, if any, to final payment;
c. a list of all pending or released Damage Claims against City that Contractor believes
are unsettled; and
d. affidavits of payments and complete and legally effective releases or
waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in
connection with the Work.
B. Payment Becomes Due:
1. After City’s acceptance of the Application for Payment and accompanying
documentation, requested by Contractor, less previous payments made and any sum
City is entitled, including but not limited to liquidated damages, will become due and
payable.
2. After all Damage Claims have been resolved:
a. directly by the Contractor or;
b. Contractor provides evidence that the Damage Claim has been reported to
Contractor’s insurance provider for resolution.
3. The making of the final payment by the City shall not relieve the Contractor of
any guarantees or other requirements of the Contract Documents which specifically
continue thereafter.
14.08 Final Completion Delayed and Partial Retainage Release
A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon
receipt of Contractor’s final Application for Payment, and without terminating the Contract,
make payment of the balance due for that portion of the Work fully completed and accepted. If
the remaining balance to be held by City for Work not fully completed or corrected is less than
the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in
Paragraph 5.02, the written consent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by Contractor to City with
the Application for such payment. Such payment shall be made under the terms and conditions
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governing final payment, except that it shall not constitute a waiver of Contract Claims.
B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment
and maintenance, and test and performance periods following the completion of all other
construction in the Contract Documents for all Work locations, the City may release a portion of
the amount retained provided that all other work is completed as determined by the City. Before
the release, all submittals and final quantities must be completed and accepted for all other work.
An amount sufficient to ensure Contract compliance will be retained.
14.09 Waiver of Claims
The acceptance of final payment will constitute a release of the City from all claims or liabilities
under the Contract for anything done or furnished or relating to the work under the Contract
Documents or any act or neglect of City related to or connected with the Contract.
ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION
15.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor
shall resume the Work on the date so fixed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will make no extra payment for stand-by
time of construction equipment and/or construction crews.
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
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.
D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the
necessary equipment to the job when it is determined by the City that construction may be
resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the
equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is
moved to another construction project for the City.
15.02 City May Terminate for Cause
A. The occurrence of any one or more of the following events by way of example, but not of
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
limitation, may justify termination for cause:
1. Contractor’s persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment, failure to adhere to the Project Schedule established under
Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04.
2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor’s repeated disregard of the authority of City; or
4. Contractor’s violation in any substantial way of any provisions of the Contract Documents;
or
5. Contractor’s failure to promptly make good any defect in materials or workmanship, or
defects of any nature, the correction of which has been directed in writing by the City; or
6. Substantial indication that the Contractor has made an unauthorized assignment of the
Contract or any funds due therefrom for the benefit of any creditor or for any other purpose;
or
7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise
financially unable to carry on the Work satisfactorily; or
8. Contractor commences legal action in a court of competent jurisdiction against the City.
B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written
notice to Contractor and Surety to arrange a conference with Contractor and Surety to address
Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after
receipt of notice.
1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to
perform the construction Contract, the City may, to the extent permitted by Laws and
Regulations, declare a Contractor default and formally terminate the Contractor's right to
complete the Contract. Contractor default shall not be declared earlier than 20 days after the
Contractor and Surety have received notice of conference to address Contractor's failure to
perform the Work.
2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the
Work. If Surety does not commence performance thereof within 15 consecutive calendar
days after date of an additional written notice demanding Surety's performance of its
obligations, then City, without process or action at law, may take over any portion of the
Work and complete it as described below.
a. If City completes the Work, City may exclude Contractor and Surety from the site and
take possession of the Work, and all materials and equipment incorporated into the
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Work stored at the Site or for which City has paid Contractor or Surety but which are
stored elsewhere, and finish the Work as City may deem expedient.
3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any
further payment until the Work is finished. If the unpaid balance of the Contract Price
exceeds all claims, costs, losses and damages sustained by City arising out of or resulting
from completing the Work, such excess will be paid to Contractor. If such claims, costs,
losses and damages exceed such unpaid balance, Contractor shall pay the difference to City.
Such claims, costs, losses and damages incurred by City will be incorporated in a Change
Order, provided that when exercising any rights or remedies under this Paragraph, City shall
not be required to obtain the lowest price for the Work performed.
4. Neither City, nor any of its respective consultants, agents, officers, directors or employees
shall be in any way liable or accountable to Contractor or Surety for the method by which the
completion of the said Work, or any portion thereof, may be accomplished or for the price
paid therefor.
5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right
to recover damages from Contractor or Surety for Contractor's failure to timely complete the
entire Contract. Contractor shall not be entitled to any claim on account of the method used
by City in completing the Contract.
6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as
provided for in the bond requirements of the Contract Documents or any special guarantees
provided for under the Contract Documents or any other obligations otherwise prescribed by
law.
C. Notwithstanding Paragraphs 15.02.B, Contractor’s services will not be terminated if Contractor
begins within seven days of receipt of notice of intent to terminate to correct its failure to
perform and proceeds diligently to cure such failure within no more than 30 days of receipt of
said notice.
D. Where Contractor’s services have been so terminated by City, the termination will not affect any
rights or remedies of City against Contractor then existing or which may thereafter accrue. Any
retention or payment of moneys due Contractor by City will not release Contractor from liability.
E. If and to the extent that Contractor has provided a performance bond under the provisions of
Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this
Article.
15.03 City May Terminate For Convenience
A. City may, without cause and without prejudice to any other right or remedy of City, terminate the
Contract. Any termination shall be effected by mailing a notice of the termination to the
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Contractor specifying the extent to which performance of Work under the contract is terminated,
and the date upon which such termination becomes effective. Receipt of the notice shall be
deemed conclusively presumed and established when the letter is placed in the United States
Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and
established that such termination is made with just cause as therein stated; and no proof in any
claim, demand or suit shall be required of the City regarding such discretionary action.
B. After receipt of a notice of termination, and except as otherwise directed by the City, the
Contractor shall:
1. Stop work under the Contract on the date and to the extent specified in the notice of
termination;
2. place no further orders or subcontracts for materials, services or facilities except as may be
necessary for completion of such portion of the Work under the Contract as is not terminated;
3. terminate all orders and subcontracts to the extent that they relate to the performance of the
Work terminated by notice of termination;
4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any,
directed by the City:
a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies
and other material produced as a part of, or acquired in connection with the performance
of, the Work terminated by the notice of the termination; and
b. the completed, or partially completed plans, drawings, information and other property
which, if the Contract had been completed, would have been required to be furnished to
the City.
5. complete performance of such Work as shall not have been terminated by the notice of
termination; and
6. take such action as may be necessary, or as the City may direct, for the protection and
preservation of the property related to its contract which is in the possession of the
Contractor and in which the owner has or may acquire the rest.
C. At a time not later than 30 days after the termination date specified in the notice of termination,
the Contractor may submit to the City a list, certified as to quantity and quality, of any or all
items of termination inventory not previously disposed of, exclusive of items the disposition of
which has been directed or authorized by City.
D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
submitted shall be subject to verification by the City upon removal of the items or, if the items
are stored, within 45 days from the date of submission of the list, and any necessary adjustments
to correct the list as submitted, shall be made prior to final settlement.
E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination
claim to the City in the form and with the certification prescribed by the City. Unless an
extension is made in writing within such 60 day period by the Contractor, and granted by the
City, any and all such claims shall be conclusively deemed waived.
F. In such case, Contractor shall be paid for (without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination, including fair and reasonable sums for overhead and
profit on such Work;
2. expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials, or equipment as required by the Contract Documents in
connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on
such expenses; and
3. reasonable expenses directly attributable to termination.
G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid
to the Contractor by reason of the termination of the Work, the City shall determine, on the basis
of information available to it, the amount, if any, due to the Contractor by reason of the
termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid
on account of loss of anticipated profits or revenue or other economic loss arising out of or
resulting from such termination.
ARTICLE 16 – DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision
under Paragraph 10.06 before such decision becomes final and binding. The request for
mediation shall be submitted to the other party to the Contract. Timely submission of the request
shall stay the effect of Paragraph 10.06.E.
B. City and Contractor shall participate in the mediation process in good faith. The process shall be
commenced within 60 days of filing of the request.
C. If the Contract Claim is not resolved by mediation, City’s action under Paragraph 10.06.C or a
denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after
termination of the mediation unless, within that time period, City or Contractor:
1. elects in writing to invoke any other dispute resolution process provided for in the
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Supplementary Conditions; or
2. agrees with the other party to submit the Contract Claim to another dispute resolution
process; or
3. gives written notice to the other party of the intent to submit the Contract Claim to a court of
competent jurisdiction.
ARTICLE 17 – MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
1. delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
3. delivered by electronic means to or from the Project Manager.
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.
17.02 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.
17.03 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 DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
17.04 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.
17.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
DocuSign Envelope ID: A21F9B51-74E4-4DE5-BF97-D05A27C000DB
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VHSDUDWLRQ
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PD\EHDWWZRRUPRUHVHSDUDWHORFDWLRQV
1RZRUNRUDFWLYLWLHVRQDUDLOURDGFRPSDQ\¶VSURSHUW\WREHSHUIRUPHGE\WKH&RQWUDFWRUVKDOOEH
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LQVXUDQFHPXVWEHFDUULHGGXULQJDOOPDLQWHQDQFHDQGRUUHSDLUZRUNSHUIRUPHGLQWKHUDLOURDGULJKWRIZD\
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UDLOURDGFRPSDQ\RSHUDWLQJRYHUWUDFNVLQYROYHGLQWKH3URMHFW
SC-6.09., “Permits and Utilities”
SC-6.09A., “Contractor obtained permits and licenses”
7KHIROORZLQJDUHNQRZQSHUPLWVDQGRUOLFHQVHVUHTXLUHGE\WKH&RQWUDFWWREHDFTXLUHGE\WKH&RQWUDFWRU
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DQGDWWKH/DNH5D\5REHUWV5DZ:DWHU3XPS6WDWLRQ
7RZQRI+LFNRU\&UHHN%XLOGLQJ3HUPLWIRUWKHQHZ&KHPLFDO%XLOGLQJDWWKH/DNH/HZLVYLOOH
5DZ:DWHU3XPS6WDWLRQ
SC-6.09B. “City obtained permits and licenses”
7KHIROORZLQJDUHNQRZQSHUPLWVDQGRUOLFHQVHVUHTXLUHGE\WKH&RQWUDFWWREHDFTXLUHGE\WKH&LW\
:RUNDWWKH/DNH/HZLVYLOOH5DZ:DWHU,QWDNHZLOOEHXQGHUWKHH[LVWLQJ1DWLRQZLGH3HUPLWRI
WKH86$UP\&RUSVRI(QJLQHHUV
SC-6.09C. “Outstanding permits and licenses”
7KHIROORZLQJLVDOLVWRINQRZQRXWVWDQGLQJSHUPLWVDQGRUOLFHQVHVWREHDFTXLUHGLIDQ\DVRI$XJXVW
DocuSign Envelope ID: A21F9B51-74E4-4DE5-BF97-D05A27C000DB
6833/(0(17$5<&21',7,216
3DJHRI
&,7<2)'(1721 ,)%
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5HYLVHG6HSWHPEHU
Outstanding Permits and/or Licenses to Be Acquired
2:1(53(50,725/,&(16($1'/2&$7,217$5*(7'$7(
2)3266(66,21
1RQH
SC-7.02., “Coordination”
7KHLQGLYLGXDOVRUHQWLWLHVOLVWHGEHORZKDYHFRQWUDFWVZLWKWKH&LW\IRUWKHSHUIRUPDQFHRIRWKHUZRUNDW
WKH6LWH
Vendor Scope of Work Coordination Authority
1RQH
SC-8.01, “Communications to Contractor”
7KH&LW\PD\GHOHJDWHFHUWDLQFRQVWUXFWLRQDGPLQLVWUDWLRQFRPPXQLFDWLRQVWRWKH&LW\¶V&RQVXOWLQJ
(QJLQHHUWRIDFLOLWDWHDGPLQLVWUDWLRQRIWKHSURMHFW6XFKDXWKRUL]DWLRQZLOOEHFODULILHGDWWKH3UH
&RQVWUXFWLRQ0HHWLQJ
SC-9.01., “City’s Project Manager”
7KH&LW\¶V3URMHFW0DQDJHUIRUWKLV&RQWUDFWLV0DPXQ<XVXIRUKLVVXFFHVVRUSXUVXDQWWRwritten
notification from the City Engineer.
SC-13.03C., “Tests and Inspections”
1RQH
SC-16.01C.1, “Methods and Procedures”
1RQH
END OF SECTION
DocuSign Envelope ID: A21F9B51-74E4-4DE5-BF97-D05A27C000DB
Summary of Work 01 11 00 - 1
DTN18104 – Lake Lewisville WTP Phase II Improvements
01 11 00 SUMMARY OF WORK
1.00 GENERAL
1.01 SUMMARY
A. Section Includes:
1. Summary of Work to be performed in accordance with the Contract Documents
B. Deviations from this City of Denton Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the
Contract
2. Division 1 - General Requirements
1.02 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered incidental to the various items bid.
No separate payment will be allowed for this Item.
1.03 REFERENCES [NOT USED]
1.04 ADMINISTRATIVE REQUIREMENTS
A. Work Covered by Contract Documents
1. Work is to include furnishing all labor, materials, equipment and incidentals, and
performing all Work necessary for this construction project as detailed in the
Drawings and Specifications.
2. Provide the materials, equipment, and incidentals required to make the Project
completely and fully operable.
3. Provide the labor, equipment, tools, and consumable supplies required for a
complete Project.
4. Provide the civil, architectural, structural, mechanical, electrical,
instrumentation, and all other Work required for a complete and operable
Project.
5. Test and place the completed Project in operation.
6. Provide the special tools, spare parts, lubricants, supplies, or other materials as
indicated in the Contract Documents for the operation and maintenance of the
Project.
7. The Contract Documents do not indicate or describe all Work required to
complete the Project. Additional details required for the correct installation of
DocuSign Envelope ID: A21F9B51-74E4-4DE5-BF97-D05A27C000DB
Summary of Work 01 11 00 - 2
DTN18104 – Lake Lewisville WTP Phase II Improvements
selected products are to be provided by the Contractor and coordinated with
the Construction Manager.
B. Incidental Work
1. Any and all Work specifically governed by documentary requirements for the
project, such as conditions imposed by the Contract Documents in which no
specific item for bid has been provided for in the Proposal, then the item shall
be considered as an incidental item of Work, the cost of which shall be included
in the price bid in the Proposal for various bid items.
C. Use of Premises
1. Coordinate uses of premises under direction of the City.
2. Assume full responsibility for protection and safekeeping of materials and
equipment stored on the Site.
3. Use and occupy only portions of the public streets and alleys, or other public
places or other rights-of-way as provided for in the ordinances of the City, as
shown in the Contract Documents, or as may be specifically authorized in
writing by the City.
a. A reasonable amount of tools, materials, and equipment for construction
purposes may be stored in such space, but no more than is necessary to
avoid delay in the construction operations.
b. Excavated and waste materials shall be stored in such a way as not to
interfere with the use of spaces that may be designated to be left free and
unobstructed and so as not to inconvenience occupants of adjacent
property.
c. If the street is occupied by railroad tracks, the Work shall be carried on in
such manner as not to interfere with the operation of the railroad.
D. Work within Easements
1. Do not enter upon private property for any purpose without having previously
obtained permission from the owner of such property.
2. Do not store equipment or material on private property unless and until the
specified approval of the property owner has been secured in writing by the
Contractor and a copy furnished to the City.
3. Unless specifically provided otherwise, clear all rights-of-way or easements of
obstructions which must be removed to make possible proper prosecution of
the Work as a part of the project construction operations.
4. Preserve and use every precaution to prevent damage to, all trees, shrubbery,
plants, lawns, fences, culverts, curbing, and all other types of structures or
improvements, to all water, sewer, and gas lines, to all conduits, overhead pole
lines, or appurtenances thereof, including the construction of temporary fences
and to all other public or private property adjacent to the Work.
5. Notify the proper representatives of the owners or occupants of the public or
private lands of interest in lands which might be affected by the Work.
DocuSign Envelope ID: A21F9B51-74E4-4DE5-BF97-D05A27C000DB
Summary of Work 01 11 00 - 3
DTN18104 – Lake Lewisville WTP Phase II Improvements
a. Such notice shall be made at least 48 hours in advance of the beginning of
the Work.
b. Notices shall be applicable to both public and private utility companies and
any corporation, company, individual, or other, either as owners or
occupants, whose land or interest in land might be affected by the Work.
c. Be responsible for all damage or injury to property of any character
resulting from any act, omission, neglect, or misconduct in the manner or
method or execution of the Work, or at any time due to defective work,
material, or equipment.
6. Fence
a. Restore all fences encountered and removed during construction of the
Project to the original or a better than original condition.
b. Erect temporary fencing in place of the fencing removed whenever the
Work is not in progress and when the site is vacated overnight, and/or at all
times to provide site security.
c. The cost for all fence work within easements, including removal, temporary
closures and replacement, shall be incidental to the various items bid in the
project proposal.
1.05 SUBMITTALS [NOT USED]
1.06 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.07 CLOSEOUT SUBMITTALS [NOT USED]
1.08 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.09 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
2.00 PRODUCTS [NOT USED]
3.00 EXECUTION [NOT USED]
END OF SECTION
DocuSign Envelope ID: A21F9B51-74E4-4DE5-BF97-D05A27C000DB
Exhibit
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
DocuSign Envelope ID: A21F9B51-74E4-4DE5-BF97-D05A27C000DB
Certificate Of Completion
Envelope Id: A21F9B5174E44DE5BF97D05A27C000DB Status: Completed
Subject: Please DocuSign: City Council Contract 7138 LLWTP Phase II Improvements
Source Envelope:
Document Pages: 102 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 1 Monisa Rogers
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
Monisa.Rogers@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
10/14/2019 3:46:52 PM
Holder: Monisa Rogers
Monisa.Rogers@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Monisa Rogers
monisa.rogers@cityofdenton.com
Senior Buyer
City Of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 10/14/2019 3:51:39 PM
Viewed: 10/14/2019 3:51:50 PM
Signed: 10/14/2019 3:53:12 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 10/14/2019 3:53:15 PM
Viewed: 10/16/2019 7:43:02 AM
Signed: 10/16/2019 7:53:20 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 10/16/2019 7:53:24 AM
Viewed: 10/18/2019 2:03:04 PM
Signed: 10/18/2019 2:17:15 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Daniel P. Walsh
dpwalsh@walshgroup.com
President
The Walsh Group
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 104.207.193.98
Sent: 10/18/2019 2:17:19 PM
Resent: 10/21/2019 11:39:54 AM
Resent: 10/21/2019 1:11:33 PM
Resent: 10/21/2019 1:11:50 PM
Resent: 10/24/2019 9:00:07 AM
Viewed: 10/24/2019 10:14:56 AM
Signed: 10/24/2019 10:19:44 AM
Electronic Record and Signature Disclosure:
Accepted: 8/9/2019 11:22:32 AM
ID: 420f2f0f-ff56-4257-8bd7-544fb0ce7859
Signer Events Signature Timestamp
Frank Pugsley
frank.pugsley@cityofdenton.com
Water Utilities Director
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 10/24/2019 10:19:48 AM
Viewed: 10/24/2019 10:23:52 AM
Signed: 10/24/2019 10:24:26 AM
Electronic Record and Signature Disclosure:
Accepted: 10/24/2019 10:23:52 AM
ID: d44d38e8-74da-4493-af21-8941cad5aa33
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 10/24/2019 10:24:29 AM
Viewed: 11/13/2019 8:35:45 AM
Signed: 11/13/2019 8:36:16 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
Todd.Hileman@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 11/13/2019 8:36:19 AM
Viewed: 11/13/2019 9:21:38 AM
Signed: 11/13/2019 9:21:46 AM
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 11/13/2019 9:21:49 AM
Viewed: 11/13/2019 9:56:09 AM
Signed: 11/13/2019 9:56:49 AM
Electronic Record and Signature Disclosure:
Accepted: 11/13/2019 9:56:09 AM
ID: 84ad631d-b78b-4ed5-9358-ff9cdb091da0
In Ierson Signer Events Signature Timestamp
Editor DeliverI Events Status Timestamp
Igent DeliverI Events Status Timestamp
IntermediarI DeliverI Events Status Timestamp
Certified DeliverI Events Status Timestamp
CarIon CopI Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 10/14/2019 3:53:15 PM
Electronic Record and Signature Disclosure:
CarIon CopI Events Status Timestamp
Not Offered via DocuSign
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 10/24/2019 10:19:48 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 11/13/2019 9:21:49 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rebecca Diviney
rebecca.diviney@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 11/13/2019 9:56:53 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Terri Keckler
tkeckler@walshgroup.com
The Walsh Group
Security Level: Email, Account Authentication
(None)
Sent: 11/13/2019 9:56:54 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rodney Lunkwitz
rlunkwitz@walshgroup.com
Security Level: Email, Account Authentication
(None)
Sent: 11/13/2019 9:56:55 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Iitness Events Signature Timestamp
IotarI Events Signature Timestamp
Envelope SummarI Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/13/2019 9:56:55 AM
Certified Delivered Security Checked 11/13/2019 9:56:55 AM
Signing Complete Security Checked 11/13/2019 9:56:55 AM
Completed Security Checked 11/13/2019 9:56:55 AM
IaIment Events Status Timestamps
Electronic Record and Signature Disclosure
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%#"! "#! !%&#
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