7239 IFB - DEA Landside Paving Imp. - SPECIFICATIONS
PROJECT MANUAL
FOR
THE CONSTRUCTION OF
Denton Enterprise Airport Landside Paving Improvements
Bid #7239
Engineering Project No. 190055
Chris Watts Todd Hileman
Mayor City Manager
Scott T. Gray, C.M, C.A.E.
Airport Manager
Todd Estes, P.E.
City Engineer
Prepared for
The City of Denton
2019
Freese and Nichols, Inc.
Texas Registered Engineering Firm F-2144
DTN18561
Adopted Month 2018
City of Denton
Standard Construction Specification
Documents
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 1 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 00 00 00
TABLE OF CONTENTS
Division 00 - General Conditions
00 05 10 Construction Contract Ordinance
00 05 15 Addenda
00 11 13 Invitation to Bidders
00 21 13 Instructions to Bidders
00 35 13 Conflict of Interest Affidavit
00 41 00 Bid Form
00 42 43 Proposal Form Unit Price
00 43 13 Bid Bond
00 43 36 Proposed Subcontractors Form
00 43 37 Vendor Compliance to State Law Nonresident Bidder
00 45 13 Bidder’s Minimum Qualification Statement
00 45 26 Contractor Compliance with Workers' Compensation Law
00 45 43 Corporate Resolution of Authorizing Signatories
00 52 43 Agreement
00 61 13 Performance Bond
00 61 14 Payment Bond
00 61 19 Maintenance Bond
00 61 25 Certificate of Insurance
00 72 00 General Conditions
00 73 00 Supplementary Conditions
00 73 73 Form 1295 – Certificate of Interested Parties
Division 01 - General Requirements
01 11 00 Summary of Work
01 25 00 Substitution Procedures
01 31 19 Preconstruction Meeting
01 31 20 Project Meetings
01 32 16 Construction Progress Schedule
01 32 33 Preconstruction Video
01 33 00 Submittals
01 35 13 Special Project Procedures
01 45 23 Testing and Inspection Services
01 50 00 Temporary Facilities and Controls
01 57 13 Storm Water Pollution Prevention Plan
01 58 13 Temporary Project Signage
01 60 00 Product Requirements
01 66 00 Product Storage and Handling Requirements
01 70 00 Mobilization and Remobilization
01 71 23 Construction Staking and Survey
01 74 23 Cleaning
01 77 19 Closeout Requirements
01 78 39 Project Record Documents
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 2 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
TECHNICAL SPECIFICATIONS
Contractor shall refer to the following documents for Technical Specifications, unless otherwise
noted in the contract documents:
North Central Texas Council of Governments Standard Specifications for Public Works
Construction – Fourth Edition, Divisions 200-800 (incorporated by reference)
North Central Texas Council of Governments Standard Specifications for Public Works
Construction – Fourth Edition, Divisions 200-800 – Amendments
Appendix
GC-4.01 Availability of Lands
GC-4.02 Subsurface and Physical Conditions
GC-4.04 Underground Facilities
GC-4.06 Hazardous Environmental Condition at Site
GC-6.09 Permits and Utilities
GR-01 60 00 Product Requirements
END OF SECTION
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CONSTRUCTION CONTRACT ORDINANCE
Page 1 of 1
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 00 05 10 1
CONSTRUCTION CONTRACT ORDINANCE 2
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[Assembler: For Contract Document execution, remove this page and replace with the approved 6
Construction Contract Ordinance for the award of the project. Ordinance insert shall be on blue 7
paper.] 8
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END OF SECTION 25
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ADDENDA
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CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 00 05 15 1
ADDENDA 2
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[Assembler: For Contract Document execution, remove this page and replace with any addenda 6
issued during bidding.] 7
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END OF SECTION 24
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INVITATION TO BIDDERS
Page 1 of 1
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 00 11 13 1
INVITATION TO BIDDERS 2
RECEIPT OF BIDS 3
Sealed bids for the construction of Denton Enterprise Airport Landside Paving Improvements will 4
be received by the City of Denton Purchasing Office as outlined on 5
http://dentontx.ionwave.net/CurrentSourcingEvents.aspx 6
7
GENERAL DESCRIPTION OF WORK 8
The major work will consist of the (approximate) following: Reconstruction and rehabilitation of 9
various streets at Denton Enterprise Airport, including approximately 14,000 SY of lime-treated 10
subgrade and 33,000 SY of asphalt paving. 11
12
DOCUMENT EXAMINATION AND PROCUREMENTS 13
The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 14
of Denton’s Purchasing Division website at http://dentontx.ionwave.net (must login to view 15
documents). The Contract Documents may be downloaded, viewed, and printed by interested 16
contractors and/or suppliers. The contractor is required to fill out the Certificate of 17
Interested Parties Form 1295 and the form must be submitted to the Project Manager 18
before the contract will be presented to the City Council. The form can be obtained at 19
https://www.ethics.state.tx.us/tec/1295-Info.htm . 20
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PREBID CONFERENCE 22
A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO 23
BIDDERS visit http://dentontx.ionwave.net for details. 24
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CITY'S RIGHT TO ACCEPT OR REJECT BIDS 26
City reserves the right to waive irregularities and to accept or reject bids. 27
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INQUIRIES 29
All inquiries relative to this procurement should be addressed in this solicitation’s page at 30
http://dentontx.ionwave.net. Must login to be able to ask and view questions. 31
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END OF SECTION 33
00 21 13 - 1
INSTRUCTIONS TO BIDDERS
Page 1 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 00 21 13 1
INSTRUCTIONS TO BIDDERS 2
1. Defined Terms 3
4
1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 5
00 - GENERAL CONDITIONS. 6
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1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 8
meanings indicated below which are applicable to both the singular and plural thereof. 9
10
1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 11
directly through a duly authorized representative, submitting a bid for performing 12
the work contemplated under the Contract Documents. 13
14
1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or 15
corporation acting directly through a duly authorized representative, submitting a 16
bid for performing the work contemplated under the Contract Documents whose 17
principal place of business is not in the State of Texas. 18
19
1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 20
(on the basis of City's evaluation as hereinafter provided) makes an award. 21
22
1.2.4. Purchasing Agent: City designated representative to assist in solicitation of bids 23
from vendors for City contracts. 24
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2. Copies of Bidding Documents 26
27
2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 28
resulting from the Bidders use of incomplete sets of Bidding Documents. 29
30
2.2. City and Engineer in making Bidding Documents available do so only for the purpose of 31
obtaining Bids for the Work and do not authorize or confer a license or grant for any 32
other use. 33
34
3. Minimum Qualifications 35
36
3.1. The following minimum requirements must be demonstrated in order for the submission 37
to be considered responsive. The form can be found in Section 00 45 13 – Bidder’s 38
Minimum Qualification Statement. 39
40
3.1.1. Bidder shall provide documentation demonstrating three (3) years minimum 41
experience providing services similar to those indicated in Section 00 11 13 – 42
Invitation to Bidders. 43
44
3.1.2. Bidder shall provide documentation of three (3) references from governmental 45
entities for which Bidder has performed similar services to those indicated in 46
Section 00 11 13 – Invitation to Bidders. 47
48
3.1.3. Bidder shall fill out provided safety record questionnaire. 49
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INSTRUCTIONS TO BIDDERS
Page 2 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
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4. Examination of Bidding and Contract Documents, Other Related Data, and Site 2
3
4.1. Before submitting a Bid, each Bidder shall: 4
5
4.1.1. Examine and carefully study the Contract Documents and other related data 6
identified in the Bidding Documents (including "technical data" referred to in 7
Paragraph 4.2. below). No information given by City or any representative of the 8
City other than that contained in the Contract Documents and officially 9
promulgated addenda thereto, shall be binding upon the City. 10
11
4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 12
site conditions that may affect cost, progress, performance or furnishing of the 13
Work. 14
15
4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 16
progress, performance or furnishing of the Work. 17
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4.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or 19
contiguous to the Site and all drawings of physical conditions relating to existing 20
surface or subsurface structures at the Site (except Underground Facilities) that 21
have been identified in the Contract Documents as containing reliable "technical 22
data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 23
at the Site that have been identified in the Contract Documents as containing 24
reliable "technical data." 25
26
4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 27
the information which the City will furnish. All additional information and data 28
which the City will supply after promulgation of the formal Contract Documents 29
shall be issued in the form of written addenda and shall become part of the Contract 30
Documents just as though such addenda were actually written into the original 31
Contract Documents. No information given by the City other than that contained in 32
the Contract Documents and officially promulgated addenda thereto, shall be 33
binding upon the City. 34
35
4.1.6. Perform independent research, investigations, tests, borings, and such other means 36
as may be necessary to gain a complete knowledge of the conditions which will be 37
encountered during the construction of the project. On request, City may provide 38
each Bidder access to the site to conduct such examinations, investigations, 39
explorations, tests and studies as each Bidder deems necessary for submission of a 40
Bid. Bidder must fill all holes and clean up and restore the site to its former 41
conditions upon completion of such explorations, investigations, tests and studies. 42
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INSTRUCTIONS TO BIDDERS
Page 3 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 1
cost of doing the Work, time required for its completion, and obtain all information 2
required to make a proposal. Bidders shall rely exclusively and solely upon their 3
own estimates, investigation, research, tests, explorations, and other data which are 4
necessary for full and complete information upon which the proposal is to be based. 5
It is understood that the submission of a proposal is prima-facie evidence that the 6
Bidder has made the investigation, examinations and tests herein required. Claims 7
for additional compensation due to variations between conditions actually 8
encountered in construction and as indicated in the Contract Documents will not be 9
allowed. 10
11
4.1.8. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 12
between the Contract Documents and such other related documents. The Contractor 13
shall not take advantage of any gross error or omission in the Contract Documents, 14
and the City shall be permitted to make such corrections or interpretations as may 15
be deemed necessary for fulfillment of the intent of the Contract Documents. 16
17
4.2. Reference is made to Section 00 73 00 – Supplementary Conditions for identification of: 18
19
4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 20
the site which have been utilized by City in preparation of the Contract Documents. 21
The logs of Soil Borings, if any, on the plans are for general information only. 22
Neither the City nor the Engineer guarantee that the data shown is representative of 23
conditions which actually exist. 24
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4.2.2. those drawings of physical conditions in or relating to existing surface and 26
subsurface structures (except Underground Facilities) which are at or contiguous to 27
the site that have been utilized by City in preparation of the Contract Documents. 28
29
4.2.3. copies of such reports and drawings will be made available by City to any Bidder 30
on request. Those reports and drawings may not be part of the Contract 31
Documents, but the "technical data" contained therein upon which Bidder is entitled 32
to rely as provided in Paragraph 4.02. of the General Conditions has been identified 33
and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 34
responsible for any interpretation or conclusion drawn from any "technical data" or 35
any other data, interpretations, opinions or information. 36
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4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 38
that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 39
exception the Bid is premised upon performing and furnishing the Work required by the 40
Contract Documents and applying the specific means, methods, techniques, sequences or 41
procedures of construction (if any) that may be shown or indicated or expressly required 42
by the Contract Documents, (iii) that Bidder has given City written notice of all 43
conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 44
written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 45
etc., have not been resolved through the interpretations by City as described in 46
Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate 47
and convey understanding of all terms and conditions for performing and furnishing the 48
Work. 49
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INSTRUCTIONS TO BIDDERS
Page 4 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 1
biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 2
Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 3
Documents. 4
5
4.5. The Bidder acknowledges and agrees to comply with the requirements of City Ethics 6
Ordinance No. 18-157. 7
8
5. Availability of Lands for Work, Etc. 9
10
5.1. The lands upon which the Work is to be performed, rights-of-way and easements for 11
access thereto and other lands designated for use by Contractor in performing the Work 12
are identified in the Contract Documents. All additional lands and access thereto 13
required for temporary construction facilities, construction equipment or storage of 14
materials and equipment to be incorporated in the Work are to be obtained and paid for 15
by Contractor. Easements for permanent structures or permanent changes in existing 16
facilities are to be obtained and paid for by City unless otherwise provided in the 17
Contract Documents. 18
19
5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 20
in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right-21
of-way, easements, and/or permits are not obtained, the City reserves the right to cancel 22
the award of contract at any time before the Bidder begins any construction work on the 23
project. 24
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5.3. The Bidder shall be prepared to commence construction without all executed right-of-26
way, easements, and/or permits, and shall submit a schedule to the City of how 27
construction will proceed in the other areas of the project that do not require permits 28
and/or easements. 29
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6. Interpretations and Addenda 31
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6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 33
City in writing on or before the question deadline. Questions received after this day 34
WILL NOT be responded to. Interpretations or clarifications considered necessary by 35
City in response to such questions will be issued by Addenda delivered to all parties 36
recorded by City as having received the Bidding Documents. Only questions answered 37
by formal written Addenda will be binding. Oral and other interpretations or 38
clarifications will be without legal effect. 39
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Address questions in this solicitation’s page at http://dentontx.ionwave.net. 41
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6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 43
City. 44
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6.3. Addenda or clarifications may be posted via the City’s online hosting site, which can be 46
located by visiting the City of Denton’s Purchasing Division website at 47
http://dentontx.ionwave.net. 48
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INSTRUCTIONS TO BIDDERS
Page 5 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
6.4. A prebid conference may be held at the time and place indicated in the Advertisement or 1
INVITATION TO BIDDERS. Representatives of City will be present to discuss the 2
Project. Bidders are encouraged to attend and participate in the conference. City will 3
transmit to all prospective Bidders of record such Addenda as City considers necessary 4
in response to questions arising at the conference. Oral statements may not be relied 5
upon and will not be binding or legally effective. 6
7
7. Bid Security 8
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7.1. Each Bid for projects over $100,000, must be accompanied by Bid Bond made payable to 10
City in an amount of five (5) percent of Bidder's maximum Bid price on form attached, 11
issued by a surety meeting the requirements of Paragraphs 5.01 of the General 12
Conditions, and in accordance with Texas Local Government Code 262.032. 13
14
7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 15
have been satisfied. If the Successful Bidder fails to execute and deliver the complete 16
Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 17
default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 18
Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 19
other Bidders whom City believes to have a reasonable chance of receiving the award 20
will be retained by City until final contract execution. 21
22
8. Contract Times 23
The number of days within which, or the dates by which, Milestones are to be achieved in 24
accordance with the General Requirements and the Work is to be completed and ready for 25
Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 26
attached Bid Form. 27
28
9. Liquidated Damages 29
Provisions for liquidated damages are set forth in the Agreement. 30
31
10. Substitute and "Or-Equal" Items 32
The Contract, if awarded, will be on the basis of materials and equipment described in the 33
Bidding Documents without consideration of possible substitute or "or-equal" items. 34
Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or-35
equal" item of material or equipment may be furnished or used by Contractor if acceptable to 36
City, application for such acceptance will not be considered by City until after the Effective 37
Date of the Agreement. The procedure for submission of any such application by Contractor 38
and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 39
Conditions and is supplemented in Section 01 25 00 of the General Requirements. 40
41
11. Subcontractors, Suppliers and Others 42
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11.1. No Contractor shall be required to employ any Subcontractor, Supplier, other person 44
or organization against whom Contractor has reasonable objection. 45
46
12. Bid Form 47
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12.1. The Bid Form is included with the Bidding Documents; additional copies may be 49
obtained from the City. 50
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INSTRUCTIONS TO BIDDERS
Page 6 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
12.2. All blanks on the Bid Form must be completed and the Bid Form signed. Erasures or 1
alterations shall be initialed by the person signing the Bid Form. A Bid price shall be 2
indicated for each Bid item, alternative, and unit price item listed therein. In the case 3
of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may 4
be entered. Bidder shall state the prices, in both words and numerals, for which the 5
Bidder proposes to do the work contemplated or furnish materials required. If 6
handwritten, all prices shall be written legibly. In case of discrepancy between price 7
in written/typed words and the price in written/typed numerals, the price in 8
written/typed words shall govern. 9
10
12.3. Bids by corporations shall be executed in the corporate name by the president or a 11
vice-president or other corporate officer accompanied by evidence of authority to 12
sign, as provided herein, Section 00 45 43 – Corporate Resolution of Authorizing 13
Signatories. The corporate address and state of incorporation shall be shown below 14
the signature. 15
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12.4. Bids by partnerships shall be executed in the partnership name and signed by a 17
partner, whose title must appear under the signature accompanied by evidence of 18
authority to sign. The official address of the partnership shall be shown below the 19
signature. 20
21
12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22
member and accompanied by evidence of authority to sign. The state of formation of 23
the firm and the official address of the firm shall be shown. 24
25
12.6. Bids by individuals shall show the Bidder's name and official address. 26
27
12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 28
indicated on the Bid Form. The official address of the joint venture shall be shown. 29
30
12.8. All names shall be typed below the signature. 31
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12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 33
which shall be filled in on the Bid Form. 34
35
12.10. Postal and e-mail addresses and telephone number for communications regarding the 36
Bid shall be shown. 37
38
12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39
Texas shall be provided in accordance with Section 00 43 37 – Vendor Compliance 40
to State Law Non Resident Bidder. 41
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13. Submission of Bids 43
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13.1. Bids may be submitted electronically or by hard copy. Electronic submittals cannot 45
be emailed. Electronic and hardcopy submission details are available on this 46
solicitation’s page at http://dentontx.ionwave.net. 47
48
13.2. Hard copies of bid bonds shall be submitted for both electronic and hard copy 49
submissions. Bonds must be submitted in a sealed envelope before the due date and 50
time as indicated in Section 00 11 13 – Invitation to Bidders. 51
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INSTRUCTIONS TO BIDDERS
Page 7 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1
13.3. Bids shall be submitted on the prescribed Bid Form, provided with the Bidding 2
Documents, at the time and place indicated in the Advertisement or INVITATION 3
TO BIDDERS, and shall be enclosed in an opaque sealed envelope, marked with the 4
Bid Number, Project title, the name and address of Bidder, and accompanied by the 5
Bid security and other required documents, as indicated in Section 00 41 00 – Bid 6
Form. If the Bid is sent through the mail or other delivery system, the sealed 7
envelope shall be enclosed in a separate envelope with the notation "BID 8
ENCLOSED" on the face of it. Hard copy submissions shall also include a flash 9
drive, containing a complete copy of the response, and be addressed as follows: 10
11
City of Denton 12
901-B Texas Street 13
Denton, TX 76209 14
Attn: Materials Management/Purchasing Division, Bid #7239 – Denton 15
Enterprise Airport Landside Paving Improvements 16
17
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INSTRUCTIONS TO BIDDERS
Page 8 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
14. Modification and Withdrawal of Bids 1
2
14.1. Bids addressed to the Purchasing Agent and filed with the Purchasing Division may 3
be withdrawn prior to the time set for bid opening. A request for withdrawal must be 4
made in writing by an appropriate document duly executed in the manner that a Bid 5
must be executed and delivered to the place where Bids are to be submitted at any 6
time prior to the opening of Bids. After all Bids not requested for withdrawal are 7
opened and publicly read aloud, the Bids for which a withdrawal request has been 8
properly filed may, at the option of the City, be returned unopened. 9
10
14.2. Bidders may modify their Bid by electronic communication at any time prior to the 11
time set for the closing of Bid receipt. 12
13
15. Opening of Bids 14
Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 15
abstract of the amounts of the base Bids and major alternates (if any) will be made available 16
to Bidders after the opening of Bids. 17
18
16. Bids to Remain Subject to Acceptance 19
All Bids will remain subject to acceptance for the time period specified for Notice of Award 20
and execution and delivery of a complete Agreement by Successful Bidder. City may, at 21
City's sole discretion, release any Bid and nullify the Bid security prior to that date. 22
23
17. Evaluation of Bids and Award of Contract 24
25
17.1. City reserves the right to reject any or all Bids, including without limitation the rights 26
to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 27
and to reject the Bid of any Bidder if City believes that it would not be in the best 28
interest of the Project to make an award to that Bidder, whether because the Bid is 29
not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 30
meet any other pertinent standard or criteria established by City. City also reserves 31
the right to waive informalities not involving price, contract time or changes in the 32
Work with the Successful Bidder. Discrepancies between the multiplication of units 33
of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 34
between the indicated sum of any column of figures and the correct sum thereof will 35
be resolved in favor of the correct sum. Discrepancies between words and figures 36
will be resolved in favor of the words. 37
38
17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 39
among the Bidders, Bidder is an interested party to any litigation against City, 40
City or Bidder may have a claim against the other or be engaged in litigation, 41
Bidder is in arrears on any existing contract or has defaulted on a previous 42
contract, Bidder has performed a prior contract in an unsatisfactory manner, or 43
Bidder has uncompleted work which in the judgment of the City will prevent or 44
hinder the prompt completion of additional work if awarded. 45
46
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INSTRUCTIONS TO BIDDERS
Page 9 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 1
other persons and organizations proposed for those portions of the Work as to which 2
the identity of Subcontractors, Suppliers, and other persons and organizations must 3
be submitted as provided in the Contract Documents or upon the request of the City. 4
City also may consider the operating costs, maintenance requirements, performance 5
data and guarantees of major items of materials and equipment proposed for 6
incorporation in the Work when such data is required to be submitted prior to the 7
Notice of Award. 8
9
17.3. City may conduct such investigations as City deems necessary to assist in the 10
evaluation of any Bid and to establish the responsibility, qualifications, and financial 11
ability of Bidders, proposed Subcontractors, Suppliers and other persons and 12
organizations to perform and furnish the Work in accordance with the Contract 13
Documents to City's satisfaction within the prescribed time. 14
15
17.4. Contractor shall perform with his own organization, work of a value not less than 16
35% of the value embraced on the Contract, unless otherwise approved by the City. 17
Contractor shall complete and submit Section 00 43 36 – Proposed Subcontractors 18
Form. 19
20
17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 21
responsive Bidder whose evaluation by City indicates that the award will be in the 22
best interests of the City. 23
24
17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 25
contract to a Nonresident Bidder unless the Nonresident Bidder’s bid is lower than 26
the lowest bid submitted by a responsible Texas Bidder by the same amount that a 27
Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 28
comparable contract in the state in which the nonresident’s principal place of 29
business is located. 30
31
17.7. A contract is not awarded until formal City Council authorization. If the Contract is 32
to be awarded, City will award the Contract within 120 days after the day of the Bid 33
opening unless extended in writing. No other act of City or others will constitute 34
acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 35
the City. 36
37
17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 38
39
17.9. Contractor is required to fill out the Certificate of Interested Parties Form 1295 and 40
the form must be submitted to the City Project Manager before the contract will be 41
presented to the City Council. The form can be obtained at 42
https://www.ethics.state.tx.us/tec/1295-Info.htm. 43
44
45
00 21 13 - 10
INSTRUCTIONS TO BIDDERS
Page 10 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
18. Signing of Agreement 1
When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 2
required number of unsigned counterparts of the Agreement. Within 14 days thereafter 3
Contractor shall sign and deliver the required number of counterparts of the Agreement to 4
City with the required Bonds, Certificates of Insurance, and all other required documentation. 5
City shall thereafter deliver one fully signed counterpart to Contractor. 6
7
END OF SECTION 8
00 35 13 - 1
CONFLICT OF INTEREST AFFIDAVIT
Page 1 of 1
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 00 35 13 1
CONFLICT OF INTEREST AFFIDAVIT 2
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
END OF SECTION 3
00 41 00 - 1
BID FORM
Page 1 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 00 41 00 1
BID FORM 2
TO: Laura Hermosillo 3
c/o: Purchasing Division 4
901-B Texas Street 5
Denton, Texas 76209 6
7
FOR: Denton Enterprise Airport Landside Paving Improvements 8
9
1 Enter Into Agreement 10
11
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement 12
with City in the form included in the Bidding Documents to perform and furnish all Work as 13
specified or indicated in the Contract Documents for the Bid Price and within the Contract Time 14
indicated in this Bid and in accordance with the other terms and conditions of the Contract 15
Documents. 16
17
2 BIDDER Acknowledgements and Certification 18
19
2.1 In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION 20
TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those 21
dealing with the disposition of Bid Bond. 22
2.2 Bidder is aware of all costs to provide the required insurance, will do so pending contract 23
award, and will provide a valid insurance certificate meeting all requirements within 14 24
days of notification of award. 25
2.3 Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any 26
undisclosed individual or entity and is not submitted in conformity with any collusive 27
agreement or rules of any group, association, organization, or corporation. 28
2.4 Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false 29
or sham Bid. 30
2.5 Bidder has not solicited or induced any individual or entity to refrain from bidding. 31
2.6 Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing 32
for the Contract. For the purposes of this Paragraph: 33
a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing 34
of value likely to influence the action of a public official in the bidding process. 35
36
b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to 37
influence the bidding process to the detriment of City (b) to establish Bid prices 38
at artificial non-competitive levels, or (c) to deprive City of the benefits of free 39
and open competition. 40
41
c. "collusive practice" means a scheme or arrangement between two or more 42
Bidders, with or without the knowledge of City, a purpose of which is to 43
establish Bid prices at artificial, non-competitive levels. 44
45
d. "coercive practice" means harming or threatening to harm, directly or indirectly, 46
persons or their property to influence their participation in the bidding process or 47
affect the execution of the Contract. 48
49
00 41 00 - 2
BID FORM
Page 2 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
2.7 The Bidder acknowledges and agrees to comply with the requirements of City Ethics 1
Ordinance No. 18-757. 2
3
3 Time of Completion 4
5
3.1 The Work will be complete for Final Acceptance within 120 days after the date when the 6
Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 7
3.2 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of 8
failure to complete the Work {and/or achievement of Milestones} within the times 9
specified in the Agreement. 10
11
4 Attached to this Bid 12
13
The following documents are attached to and made a part of this Bid: 14
a. This Bid Form 15
b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of 16
Paragraph 5.01 of the General Conditions. 17
c. Proposal Form Section 18
d. Proposal Form Section – Electronic Copy (http://dentontx.ionwave.net) 19
e. Vendor Compliance to State Law Non-Resident Bidder, Section 00 43 37 20
f. Conflict of Interest Affidavit, Section 00 35 13 21
g. Proposed Subcontractors Form, Section 00 43 36 22
h. Bidders Minimum Qualification Statement, Section 00 45 13 23
i. Corporate Resolution of Authorized Signatories, Section 00 45 43 24
j. Any additional documents that may be required by Section 12 of the Instructions to 25
Bidders 26
27
5 Total Bid Amount 28
29
5.1 Bidder will complete the Work in accordance with the Contract Documents for the 30
following bid amount. In the space provided below, please enter the total bid amount for 31
this project. Only this figure will be read publicly by the City at the bid opening. 32
5.2 It is understood and agreed by the Bidder in signing this proposal that the total bid amount 33
entered below is subject to verification and/or modification by multiplying the unit bid 34
prices for each pay item by the respective estimated quantities shown in this proposal and 35
then totaling all of the extended amounts. 36
5.3 Evaluation of Alternate Bid Items 37
38
Base Bid Amount: $__________________________________ 39
(John Carrell Road, Skylane, Spartan Drive, Lockheed Lane) 40
41
42
Total Bid Amount: $__________________________________ 43
44
45
00 41 00 - 3
BID FORM
Page 3 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
6 Bid Submittal 1
2
This Bid is submitted on _____________________________, 20___ by the entity named below. 3
4
5
Respectfully submitted, 6
7
By: ______________________________ 8
(Signature) 9
10
_________________________________ 11
(Printed Name) 12
13
Title: _____________________________ 14
15
Company: _________________________ 16
17
Address: __________________________ 18
___________________________ 19
State of Incorporation: _______________ 20
Email: ____________________________ 21
Phone: ____________________________ 22
Receipt is acknowledged of
the following Addenda: Initial
Addendum No. 1:
Addendum No. 2:
Addendum No. 3:
Addendum No. 4:
From:Contractor Name
Address
City, ST
contact name
Airport Landside Paving contact phone
7239 contact email
190055
Item
NO.
Spec.
Section No.Description of work UOM BID QTY Unit Price Extended Price
1 01 07 00 Mobilization LS 1 -$ $0.00
2 01 58 13 Capital Improvement Signs EA 2 -$ $0.00
3 01 57 13 Erosion Control SWPPP LS 1 -$ $0.00
4 801 Traffic Control LS 1 -$ $0.00
5 203.1 Preparing R.O.W.STA 49 -$ $0.00
6 202.5 Remove Existing Asphalt Paving SY 7720 -$ $0.00
7 301.2 12" Lime Treated Subgrade SY 9320 -$ $0.00
8 301.2 Hydrated Lime TON 337 -$ $0.00
9 TxDOT 358 Asphalt Milling (0" to 2")SY 1750 -$ $0.00
10 403.2 8" HMAC Patching SY 110 -$ $0.00
11 302.9 6" Type B HMAC SY 7420 -$ $0.00
12 302.9 3" Type B HMAC SY 7720 -$ $0.00
13 302.9 2" Type C HMAC SY 12700 -$ $0.00
14 305.1 Concrete Ribbon Curb LF 4180 -$ $0.00
15 204.2 Topsoil SY 950 -$ $0.00
16 204.5 Block Sodding SY 950 -$ $0.00
$0.00
THERE IS NO CONTINGENCY IN THIS PROJECT 0% CONTENGENCY:$0.00
$0.00
Contractor Name
Airport Landside Paving
ENG/PMO:
City of Denton - Capital Projects
901-A Texas Street
Denton, TX 76209
Attn: Laura Hermosillo/Purchasing Dept.
PROPOSAL FORM:
IFB:
TOTAL BASE BID:
TOTAL BID AMOUNT:
BIDDERS APPLICATION - UNIT PRICE BID
END BID ITEMS
00 43 13 - 1
BID BOND
Page 1 of 2
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 00 43 13 1
BID BOND 2
3
KNOW ALL BY THESE PRESENTS: 4
That we, (Bidder Name)___________________________________________________, 5
known as “Principal” herein, and (Surety Name)_____________________________________, a 6
corporate surety duly authorized to do business in the State of Texas, known as “Surety” herein, 7
are held and firmly bound unto the City of Denton, a municipal corporation created pursuant to 8
the laws of Texas, known as “City” herein, in the penal sum of five percent (5%) of Bidder’s 9
maximum bid price, in lawful money of the United States, to be paid in Denton, Denton County, 10
Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, 11
executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 12
WHEREAS, the Principal has submitted a proposal to perform work for the following 13
project designated as 14
Denton Enterprise Airport Landside Paving Improvements. 15
16
NOW, THEREFORE, the condition of this obligation is such that if the City shall 17
award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all 18
requirements and conditions required for the execution of the Contract and shall enter into the 19
Contract in writing with the City in accordance with the terms of such same, then this obligation 20
shall be and become null and void. If, however, the Principal fails to execute such Contract in 21
accordance with the terms of same or fails to satisfy all requirements and conditions required for 22
the execution of the Contract, this bond shall become the property of the City, without recourse of 23
the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate 24
City for the difference between Principal’s total bid amount and the next selected bidder’s total 25
bid amount. 26
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 27
Denton County, Texas or the United States District Court for the Eastern District of Texas, 28
Sherman Division. 29
30
00 43 13 - 2
BID BOND
Page 2 of 2
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 1
this instrument by duly authorized agents and officers on this the _______ day of 2
____________________, 20___. 3
4
5
By: ___________________________________________________________________________ 6
(Principal Name) 7
8
______________________________________________________________________________ 9
(Signature and Title of Principal) 10
11
*By: __________________________________________________________________________ 12
(Surety Name) 13
14
______________________________________________________________________________ 15
(Signature of Attorney-in-Fact) 16
17
*Attach Power of Attorney (Surety) for Attorney-in-Fact 18
END OF SECTION 19
Impressed
Surety
Seal
Only
00 43 36 - 1
PROPOSED SUBCONTRACTORS FORM
Page 1 of 2
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 00 43 36 1
PROPOSED SUBCONTRACTORS FORM 2
3
Each Bidder for a City procurement is required to complete the information below by identifying 4
the proposed subcontractors whom they intend to utilize and the approximate percentage of the 5
overall contract that will be allocated to each entity. Bidder is reminded that a minimum of 35% 6
of the Contract must be performed by Bidder’s company. 7
8
Company Name Type of Work to be Performed
Overall
Contract
Percentage (%)
General Contractor:
Subcontractors:
9
10
The undersigned hereby certifies that the subcontractors described in the table above will 11
be utilized for this project at the approximate percentage levels indicated above. 12
13
BIDDER: 14
15
_____________________________________ By: ___________________________________ 16
Company (Please Print) 17
00 43 36 - 2
PROPOSED SUBCONTRACTORS FORM
Page 2 of 2
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1
_____________________________________ Signature: ______________________________ 2
Address 3
4
_____________________________________ Title: __________________________________ 5
City/State/Zip (Please Print) 6
7
Date: __________________________________ 8
9
END OF SECTION 10
00 43 37 - 1
VENDOR COMPLIANCE TO STATE LAW
Page 1 of 1
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 00 43 37 1
VENDOR COMPLIANCE TO STATE LAW NON- RESIDENT BIDDER 2
3
Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident 4
bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident 5
bidders (out-of-state contractors whose corporate offices or principal place of business are outside 6
the State of Texas) bid projects for construction, improvements, supplies or services in Texas at 7
an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident 8
bidder would be required to underbid a nonresident bidder in order to obtain a comparable 9
contract in the State which the nonresident’s principal place of business is located. 10
The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your 11
bid to meet specifications. The failure of nonresident bidders to do so will automatically 12
disqualify that bidder. Resident bidders must check the box in Section B. 13
A. Nonresident bidders in the State of ______________________, our principal place of 14
business, are required to be ________________ percent lower than resident bidders by State 15
Law. A copy of the statute is attached. 16
Nonresident bidders in the State of _____________________, our principal place of business, 17
are not required to underbid resident bidders. 18
B. The principal place of business of our company or our parent company or majority owner is 19
in the State of Texas. 20
21
BIDDER: 22
23
_____________________________________ By: ___________________________________ 24
Company (Please Print) 25
26
_____________________________________ Signature: ______________________________ 27
Address 28
29
_____________________________________ Title: __________________________________ 30
City/State/Zip (Please Print) 31
32
Date: __________________________________ 33
34
END OF SECTION 35
00 45 13 - 1
BIDDER'S MINIMUM QUALIFICATION STATEMENT
Page 1 of 6
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 00 45 13 1
BIDDER'S MINIMUM QUALIFICATION STATEMENT 2
3
List three (3) Government references, other than the City of Denton, who can verify the quality of service 4
your company provides. The City prefers customers of similar size and scope of work to this solicitation. 5
6
REFERENCE ONE
7
GOVERNMENT/COMPANY NAME: 8
LOCATION: 9
CONTACT PERSON AND TITLE: 10
TELEPHONE NUMBER: 11
SCOPE OF WORK: 12
CONTRACT PERIOD: 13
14
REFERENCE TWO
15
GOVERNMENT/COMPANY NAME: 16
LOCATION: 17
CONTACT PERSON AND TITLE: 18
TELEPHONE NUMBER: 19
SCOPE OF WORK: 20
CONTRACT PERIOD: 21
22
REFERENCE THREE
23
GOVERNMENT/COMPANY NAME: 24
LOCATION: 25
CONTACT PERSON AND TITLE: 26
TELEPHONE NUMBER: 27
SCOPE OF WORK: 28
CONTRACT PERIOD: 29
30
31
32
33
34
00 45 13 - 2
BIDDER'S MINIMUM QUALIFICATION STATEMENT
Page 2 of 6
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
PROJECT INFORMATION FORM 1
2
Detail three (3) of the most recent projects Bidder’s firm has completed providing 3
services similar to this project: 4
5
Project #1 6
Name of Project: 7
8
Project Owner Name, Address and Phone Number: 9
10
Original Contract Amount: 11
12
Final Contract Amount: 13
14
Contract Time Allotted (Calendar Days): 15
16
Start Date for Project: 17
18
Final Completion Date for Project: 19
20
Number of Days to complete (calendar days): 21
22
23
Detail the project, including size, length, and materials used. Also describe any known contractual issues, 24
successes, or potential problems and solutions encountered. 25
26
_________________________________________________________________________________________27
_________________________________________________________________________________________28
_________________________________________________________________________________________29
_________________________________________________________________________________________30
_________________________________________________________________________________________31
_________________________________________________________________________________________32
_________________________________________________________________________________________33
_________________________________________________________________________________________34
_________________________________________________________________________________________35
_________________________________________________________________________________________36
_________________________________________________________________________________________37
_________________________________________________________________________________________ 38
39
00 45 13 - 3
BIDDER'S MINIMUM QUALIFICATION STATEMENT
Page 3 of 6
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1
PROJECT INFORMATION FORM 2
3
4
5
6
Project #2 7
Name of Project: 8
9
Project Owner Name, Address and Phone Number: 10
11
Original Contract Amount: 12
13
Final Contract Amount: 14
15
Contract Time Allotted (Calendar Days): 16
17
Start Date for Project: 18
19
Final Completion Date for Project: 20
21
Number of Days to complete (calendar days): 22
23
24
Detail the project, including size, length, and materials used. Also describe any known contractual issues, 25
successes, or potential problems and solutions encountered. 26
27
_________________________________________________________________________________________28
_________________________________________________________________________________________29
_________________________________________________________________________________________30
_________________________________________________________________________________________31
_________________________________________________________________________________________32
_________________________________________________________________________________________33
_________________________________________________________________________________________34
_________________________________________________________________________________________35
_________________________________________________________________________________________36
_________________________________________________________________________________________37
_________________________________________________________________________________________38
_________________________________________________________________________________________39
_________________________________________________________________________________________40
__ 41
42
00 45 13 - 4
BIDDER'S MINIMUM QUALIFICATION STATEMENT
Page 4 of 6
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1
PROJECT INFORMATION FORM 2
3
4
5
Project #3 6
Name of Project: 7
8
Project Owner Name, Address and Phone Number: 9
10
Original Contract Amount: 11
12
Final Contract Amount: 13
14
Contract Time Allotted (Calendar Days): 15
16
Start Date for Project: 17
18
Final Completion Date for Project: 19
20
Number of Days to complete (calendar days): 21
22
23
Detail the project, including size, length, and materials used. Also describe any known contractual issues, 24
successes, or potential problems and solutions encountered. 25
26
_________________________________________________________________________________________27
_________________________________________________________________________________________28
_________________________________________________________________________________________29
_________________________________________________________________________________________30
_________________________________________________________________________________________31
_________________________________________________________________________________________32
_________________________________________________________________________________________33
_________________________________________________________________________________________34
_________________________________________________________________________________________35
_________________________________________________________________________________________36
_________________________________________________________________________________________37
_________________________________________________________________________________________38
_________________________________________________________________________________________39
__ 40
41
00 45 13 - 5
BIDDER'S MINIMUM QUALIFICATION STATEMENT
Page 5 of 6
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SAFETY RECORD QUESTIONNAIRE 1
2
The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local 3
Government Code, and consider the safety records of potential contractors prior to award of City 4
contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has 5
adopted the following written definition and criteria for accurately determining the safety record 6
of a respondent prior to awarding City contracts. 7
8
The definition and criteria for determining the safety record of a respondent for this consideration 9
shall be: 10
11
The City of Denton shall consider the safety record of the respondent in determining the 12
responsibility thereof. The City may consider any incidence involving worker safety or 13
safety of the citizens of the City of Denton, be it related or caused by environmental, 14
mechanical, operational, supervision or any other cause or factor. Specifically, the City 15
may consider, among other things: 16
A. Complaints to, or final orders entered by, the Occupational Safety and Health 17
Review Commission (OSHRC), against the respondent for violations of OSHA 18
regulations within the past three (3) years. 19
B. Citations (as defined below) from an Environmental Protection Agency (as 20
defined below) for violations within the past five (5) years. Environmental 21
Protection Agencies include, but are not necessarily limited to, the U.S. Army 22
Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the 23
Environmental Protection Agency (EPA), the Texas Commission on 24
Environmental Quality (TCEQ), the Texas Natural Resource Conservation 25
Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of 26
Health (TDH), the Texas Parks and Wildlife Department (TPWD), the Structural 27
Pest Control Board (SPCB), agencies of local governments responsible for 28
enforcing environmental protection or worker safety related laws or regulations, 29
and similar regulatory agencies of other states of the United States. Citations 30
include notices of violation, notices of enforcement, suspension/revocations of 31
state or federal licenses or registrations, fines assessed, pending criminal 32
complaints, indictments, or convictions, administrative orders, draft orders, final 33
orders, and judicial final judgments. 34
C. Convictions of a criminal offense within the past ten (10) years, which resulted in 35
bodily harm or death. 36
D. Any other safety related matter deemed by the City Council to be material in 37
determining the responsibility of the respondent and his or her ability to perform 38
the services or goods required by the solicitation documents in a safe 39
environment, both for the workers and other employees of respondent and the 40
citizens of the City of Denton. 41
42
In order to obtain proper information from respondents so that City of Denton may consider the 43
safety records of potential contractors prior to awarding bids on City contracts, City of Denton 44
requires that respondents answer the following three (3) questions and submit them with their 45
submissions: 46
47
48
00 45 13 - 6
BIDDER'S MINIMUM QUALIFICATION STATEMENT
Page 6 of 6
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
QUESTION ONE 1
2
Has the respondent, or the firm, corporation, partnership, or institution represented by the 3
respondent, or anyone acting for such firm, corporation, partnership or institution, received 4
citations for violations of OSHA within the past three (3) years? 5
6
YES NO 7
8
If the respondent has indicated YES for question number one above, the respondent must provide 9
to City of Denton, with its submission, the following information with respect to each such 10
citation: 11
12
Date of offense, location of establishment inspected, category of offense, final disposition of 13
offense, if any, and penalty assessed. 14
15
QUESTION TWO 16
17
Has the respondent, or the firm, corporation, partnership, or institution represented by the 18
respondent, or anyone acting for such firm, corporation, partnership or institution, received 19
citations for violations of environmental protection laws or regulations, of any kind or type, 20
within the past five years? Citations include notice of violation, notice of enforcement, 21
suspension/revocations of state or federal licenses, or registrations, fines assessed, pending 22
criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, 23
and judicial final judgments. 24
25
YES NO 26
27
If the respondent has indicated YES for question number two above, the respondent must provide 28
to City of Denton, with its submission, the following information with respect to each such 29
conviction: 30
31
Date of offense or occurrence, location where offense occurred, type of offense, final disposition 32
of offense, if any, and penalty assessed. 33
34
QUESTION THREE 35
36
Has the respondent, or the firm, corporation, partnership, or institution represented by respondent, 37
or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, 38
within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or 39
death? 40
41
YES NO 42
43
If the respondent has indicated YES for question number three above, the respondent must 44
provide to City of Denton, with its submission, the following information with respect to each 45
such conviction: 46
Date of offense, location where offense occurred, type of offense, final disposition of offense, if 47
any, and penalty assessed. 48
END OF SECTION 49
00 45 26 - 1
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page 1 of 1
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 00 45 26 1
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 2
Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 3
provides worker’s compensation insurance coverage for all of its employees employed on Denton 4
Enterprise Airport Landside Paving Improvements. Contractor further certifies that, pursuant to 5
Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor’s 6
certificates of compliance with worker’s compensation coverage. 7
8
CONTRACTOR: 9
10
_____________________________________ By: ___________________________________ 11
Company (Please Print) 12
13
_____________________________________ Signature: ______________________________ 14
Address 15
16
_____________________________________ Title: __________________________________ 17
City/State/Zip (Please Print) 18
19
20
THE STATE OF TEXAS § 21
22
COUNTY OF DENTON § 23
24
BEFORE ME, the undersigned authority, on this day personally appeared 25
___________________________________, known to me to be the person whose name is 26
subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 27
the act and deed of ____________________________________ for the purposes and 28
consideration therein expressed and in the capacity therein stated. 29
30
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____________day of 31
_______________________, 20__. 32
33
34
__________________________________ 35
Notary Public in and for the State of Texas 36
37
END OF SECTION 38
00 45 43 - 1
CORPORATE RESOLUTION AUTHORIZING SIGNATORIES
Page 1 of 1
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 00 45 43 1
CORPORATE RESOLUTION AUTHORIZING SIGNATORIES 2
3
4
5
[Assembler: For Contract Document execution, remove this page and replace with Bidder’s 6
corporate resolution authorizing signatories.] 7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
END OF SECTION 24
00 52 43 - 1
Agreement
Page 1 of 9
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
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 ________________________, authorized to do business in __________, acting by and through 5
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
Description of Project: Denton Enterprise Airport Landside Paving Improvements 14
Contract No: Bid #7239, Project #190055 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 _____________________________________Dollars 18
($ ). 19
Article 4. CONTRACT TIME 20
4.1 Final Acceptance. 21
The Work will be complete for Final Acceptance within 120 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
00 52 43 - 2
Agreement
Page 2 of 9
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
recognizes the delays, expense and difficulties involved in proving in a legal proceeding, 1
the actual loss suffered by the City if the Work is not completed on time. Accordingly, 2
instead of requiring any such proof, Contractor agrees that as liquidated damages for delay 3
(but not as a penalty), Contractor shall pay City Two Thousand dollars ($2,000.00) for each 4
day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the 5
City issues the Final Letter of Acceptance. 6
Article 5. CONTRACT DOCUMENTS 7
5.1 CONTENTS: 8
A. The Contract Documents which comprise the entire agreement between City and 9
Contractor concerning the Work consist of the following: 10
1. This Agreement. 11
2. Attachments to this Agreement: 12
a. Bid Form 13
1) Proposal Form 14
2) Vendor Compliance to State Law Non-Resident Bidder 15
3) State and Federal documents (project specific) 16
b. Current Prevailing Wage Rate Table 17
c. Insurance ACORD Form(s) 18
d. Worker’s Compensation Affidavit 19
e. Form 1295 – Certificate of Interested Parties 20
f. General Conditions. 21
g. Supplementary Conditions. 22
3. The following located in File 6901 at: 23
https://lfpubweb.cityofdenton.com/MaterialsManagement/Browse.aspx?startid=1924
&row=1&dbid=0: 25
a. Specifications described in the Table of Contents of the Project’s Contract 26
Documents. 27
00 52 43 - 3
Agreement
Page 3 of 9
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
b. North Central Texas Council of Governments Standard Specifications for Public 1
Works Construction – Fourth Edition, Divisions 200-800, and as amended by 2
City, and described in the Table of Contents of the Project’s Contract Documents. 3
c. Drawings. 4
d. Addenda. 5
e. Documentation submitted by Contractor prior to Notice of Award. 6
4. The following which shall be issued after the Effective Date and delivered to the City 7
within ten (10) days of the Effective Date and before beginning Work: 8
a. Payment Bond 9
b. Performance Bond 10
c. Maintenance Bond 11
d. Power of Attorney for the Bonds 12
5. The following which may be delivered or issued after the Effective Date and, if 13
issued, become an incorporated part of the Contract Documents: 14
a. Notice to Proceed. 15
b. Field Orders. 16
c. Change Orders. 17
d. Letter of Final Acceptance. 18
19
20
00 52 43 - 4
Agreement
Page 4 of 9
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
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
00 52 43 - 5
Agreement
Page 5 of 9
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
7.4 Severability. 1
Any provision or part of the Contract Documents held to be unconstitutional, void or 2
unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 3
remaining provisions shall continue to be valid and binding upon City and Contractor. 4
7.5 Governing Law and Venue. 5
This Agreement, including all of the Contract Documents is performable in the State of 6
Texas. Venue shall be Denton County, Texas, or the United States District Court for the 7
Eastern District of Texas, Sherman Division. 8
7.6 Authority to Sign. 9
Contractor shall attach evidence of authority to sign Agreement if signed by someone other 10
than the duly authorized signatory of the Contractor. 11
12
7.7 Prohibition On Contracts With Companies Boycotting Israel. 13
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 14
Code, the City is prohibited from entering into a contract with a company for goods or 15
services unless the contract contains a written verification from the company that it: (1) 16
does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 17
The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms 18
in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 19
certifies that Contractor’s signature provides written verification to the City that 20
Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of 21
the contract. 22
23
7.8 Immigration Nationality Act. 24
Contractor shall verify the identity and employment eligibility of its employees who perform 25
work under this Agreement, including completing the Employment Eligibility Verification 26
Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms 27
and supporting eligibility documentation for each employee who performs work under this 28
Agreement. Contractor shall adhere to all Federal and State laws as well as establish 29
appropriate procedures and controls so that no services will be performed by any Contractor 30
employee who is not legally eligible to perform such services. CONTRACTOR SHALL 31
00 52 43 - 6
Agreement
Page 6 of 9
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, 1
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY 2
CONTRACTOR, CONTRACTOR’S EMPLOYEES, SUBCONTRACTORS, 3
AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right 4
to immediately terminate this Agreement for violations of this provision by Contractor. 5
6
7.9 No Third-Party Beneficiaries. 7
This Agreement gives no rights or benefits to anyone other than the City and the Contractor 8
and there are no third-party beneficiaries. 9
10
11
00 52 43 - 7
Agreement
Page 7 of 9
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
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
00 52 43 - 8
Agreement
Page 8 of 9
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
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 (“Effective Date”). 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
ATTEST: RACHEL WOOD, INTERIM 37
CITY SECRETARY 38
39
40
____________________________________41
___ 42
43
44
APPROVED AS TO LEGAL FORM: 45
AARON LEAL, CITY ATTORNEY 46
47
____________________________________48
___ 49
00 52 43 - 2
Agreement
Page 2 of 9
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
CITY OF DENTON
BY:
___________________________________
CITY MANAGER
CONTRACTOR
CONTRACTOR NAME
BY:
___________________________________
AUTHORIZED AGENT
____________________________________
___
NAME
____________________________________
___
TITLE
____________________________________
___
PHONE NUMBER
____________________________________
___
EMAIL ADDRESS
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations and
business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
00 61 13 - 1
PERFORMANCE BOND
Page 1 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 00 61 13 1
PERFORMANCE BOND 2
3
THE STATE OF TEXAS § 4
§ KNOW ALL BY THESE PRESENTS: 5
COUNTY OF DENTON § 6
That we, _____________________________________________________, known 7
as “Principal” herein and ____________________________________________, a 8
corporate surety(sureties, if more than one) duly authorized to do business in the State of 9
Texas, known as “Surety” herein (whether one or more), are held and firmly bound unto 10
the City of Denton, a municipal corporation created pursuant to the laws of Texas, known 11
as “City” herein, in the penal sum of, 12
___________________________________________ Dollars 13
($_______________________), lawful money of the United States, to be paid in Denton, 14
Denton County, Texas for the payment of which sum well and truly to be made, we bind 15
ourselves, our heirs, executors, administrators, successors and assigns, jointly and 16
severally, firmly by these presents. 17
WHEREAS, the Principal has entered into a certain written contract with the City 18
awarded the _____ day of ________________, 20___, which Contract is hereby referred 19
to and made a part hereof for all purposes as if fully set forth herein, to furnish all 20
materials, equipment labor and other accessories defined by law, in the prosecution of the 21
Work, including any Change Orders, as provided for in said Contract designated as 22
Denton Enterprise Airport Landside Paving Improvements. 23
NOW, THEREFORE, the condition of this obligation is such that if the said 24
Principal shall faithfully perform it obligations under the Contract and shall in all respects 25
duly and faithfully perform the Work, including Change Orders, under the Contract, 26
according to the plans, specifications, and contract documents therein referred to, and as 27
well during any period of extension of the Contract that may be granted on the part of the 28
00 61 13 - 2
PERFORMANCE BOND
Page 2 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
City, then this obligation shall be and become null and void, otherwise to remain in full 1
force and effect. 2
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue 3
shall lie in Denton County, Texas or the United States District Court for the Eastern 4
District of Texas, Sherman Division. 5
This bond is made and executed in compliance with the provisions of Chapter 6
2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be 7
determined in accordance with the provisions of said statue. 8
IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and 9
SEALED this instrument by duly authorized agents and officers on this the 10
day of , 20 . 11
PRINCIPAL: 12
13
_________________________________14
___ 15
16
_________________________________17
___ 18
19
BY: 20
________________________________ 21
Signature 22
ATTEST: 23
24
______________________________ 25
_________________________________26
___ 27
(Principal) Secretary Name and Title 28
00 61 13 - 3
PERFORMANCE BOND
Page 3 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1
Address: 2
____________________________ 3
4
____________________________ 5
6
____________________________ 7
_____________________________ 8
Witness as to Principal 9
SURETY: 10
11
_________________________________12
___ 13
14
_________________________________15
___ 16
17
BY: 18
________________________________ 19
Signature 20
21
22
_________________________________23
___ 24
Name and Title 25
26
Address: 27
____________________________ 28
29
____________________________ 30
00 61 13 - 4
PERFORMANCE BOND
Page 4 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1
____________________________ 2
_____________________________ 3
Witness as to Surety Telephone Number: 4
___________________ 5
6
7
8
*Note: If signed by an officer of the Surety Company, there must be on file a certified 9
extract from the by-laws showing that this person has authority to sign such 10
obligation. If Surety’s physical address is different from its mailing address, 11
both must be provided. The date of the bond shall not be prior to the date the 12
Contract is awarded. 13
14
00 61 14 - 1
PAYMENT BOND
Page 1 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 00 61 14 1
PAYMENT BOND 2
3
THE STATE OF TEXAS § 4
§ KNOW ALL BY THESE PRESENTS: 5
COUNTY OF DENTON § 6
That we, _____________________________________________________, 7
known as “Principal” herein, and 8
_________________________________________________________, a corporate 9
surety (sureties), duly authorized to do business in the State of Texas, known as “Surety” 10
herein (whether one or more), are held and firmly bound unto the City of Denton, a 11
municipal corporation created pursuant to the laws of the State of Texas, known as “City” 12
herein, in the penal sum of___________________________________________ Dollars 13
($_______________________), lawful money of the United States, to be paid in Denton, 14
Denton County, Texas, for the payment of which sum well and truly be made, we bind 15
ourselves, our heirs, executors, administrators, successors and assigns, jointly and 16
severally, firmly by these presents: 17
WHEREAS, Principal has entered into a certain written Contract with City, 18
awarded the _____ day of ______________________, 20_____, which Contract is 19
hereby referred to and made a part hereof for all purposes as if fully set forth herein, to 20
furnish all materials, equipment, labor and other accessories as defined by law, in the 21
prosecution of the Work as provided for in said Contract and designated as Denton 22
Enterprise Airport Landside Paving Improvements. 23
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that 24
if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as 25
defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution 26
of the Work under the Contract, then this obligation shall be and become null and void; 27
otherwise to remain in full force and effect. 28
00 61 14 - 2
PAYMENT BOND
Page 2 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
This bond is made and executed in compliance with the provisions of Chapter 1
2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be 2
determined in accordance with the provisions of said statute. 3
4
00 61 14 - 3
PAYMENT BOND
Page 3 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and 1
SEALED this instrument by duly authorized agents and officers on this the _________ 2
day of ___________________, 20_____. 3
4
PRINCIPAL:
_________________________________
_________________________________
ATTEST: BY: _____________________________
Signature
___________________________________ _____________________________
(Principal) Secretary Name and Title
Address: _________________________
_________________________
___________________________________ _________________________
Witness as to Principal
SURETY:
_________________________________
_________________________________
ATTEST: BY: _____________________________
Signature
00 61 14 - 4
PAYMENT BOND
Page 4 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
__________________________________ _____________________________
(Surety) Secretary Name and Title
Address: _________________________
_________________________
__________________________________ _________________________
Witness as to Surety
Telephone Number: ________________
1
Note: If signed by an officer of the Surety, there must be on file a certified extract from 2
the bylaws showing that this person has authority to sign such obligation. If Surety’s 3
physical address is different from its mailing address, both must be provided. 4
5
THE DATE OF THE BOND SHALL NOT BE PRIOR 6
TO THE DATE THE CONTRACT IS AWARDED. 7
END OF SECTION 8
9
00 61 19 - 1
MAINTENANCE BOND
Page 1 of 6
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 00 61 19 1
MAINTENANCE BOND 2
3
THE STATE OF TEXAS § 4
§ KNOW ALL BY THESE PRESENTS: 5
COUNTY OF TARRANT § 6
That we_____________________________________________________, known 7
as “Principal” herein and ____________________________________________, a 8
corporate surety (sureties, if more than one) duly authorized to do business in the State of 9
Texas, known as “Surety” herein (whether one or more), are held and firmly bound unto 10
the City of Denton, a municipal corporation created pursuant to the laws of the State of 11
Texas, known as “City” herein, in the sum 12
of_________________________________________ Dollars 13
($_______________________), lawful money of the United States, to be paid in Denton, 14
Denton County, Texas, for payment of which sum well and truly be made unto the City 15
and its successors, we bind ourselves, our heirs, executors, administrators, successors and 16
assigns, jointly and severally, firmly by these presents. 17
18
WHEREAS, the Principal has entered into a certain written contract with the City 19
awarded the_____ day of , 20 , which Contract is 20
hereby referred to and a made part hereof for all purposes as if fully set forth herein, to 21
furnish all materials, equipment labor and other accessories as defined by law, in the 22
prosecution of the Work, including any Work resulting from a duly authorized Change 23
Order (collectively herein, the “Work”) as provided for in said contract and designated as 24
Denton Enterprise Airport Landside Paving Improvements; and 25
26
WHEREAS, Principal binds itself to use such materials and to so construct the 27
Work in accordance with the plans, specifications and Contract Documents that the Work 28
00 61 19 - 2
MAINTENANCE BOND
Page 2 of 6
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
is and will remain free from defects in materials or workmanship for and during the 1
period of two (2) years after the date of Final Acceptance of the Work by the City 2
(“Maintenance Period”); and 3
4
WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in 5
part upon receiving notice from the City of the need therefor at any time within the 6
Maintenance Period. 7
8
NOW THEREFORE, the condition of this obligation is such that if Principal 9
shall remedy any defective Work, for which timely notice was provided by City, to a 10
completion satisfactory to the City, then this obligation shall become null and void; 11
otherwise to remain in full force and effect. 12
13
PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any 14
timely noticed defective Work, it is agreed that the City may cause any and all such 15
defective Work to be repaired and/or reconstructed with all associated costs thereof being 16
borne by the Principal and the Surety under this Maintenance bond; and 17
18
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue 19
shall lie in Denton County, Texas or the United States District Court for the Eastern 20
District of Texas, Sherman Division; and 21
22
PROVIDED FURTHER, that this obligation shall be continuous in nature and 23
successive recoveries may be had hereon for successive breaches. 24
00 61 19 - 3
MAINTENANCE BOND
Page 3 of 6
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1
2
3
00 61 19 - 4
MAINTENANCE BOND
Page 4 of 6
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and 1
SEALED this instrument by duly authorized agents and officers on this the 2
day of , 20 __. 3
4
PRINCIPAL: 5
6
_________________________________7
___ 8
9
_________________________________10
___ 11
12
BY: 13
________________________________ 14
Signature 15
ATTEST: 16
17
______________________________ 18
_________________________________19
___ 20
(Principal) Secretary Name and Title 21
22
Address: 23
____________________________ 24
25
____________________________ 26
27
____________________________ 28
_____________________________ 29
00 61 19 - 5
MAINTENANCE BOND
Page 5 of 6
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
Witness as to Principal 1
SURETY: 2
3
_________________________________4
___ 5
6
_________________________________7
___ 8
9
BY: 10
________________________________ 11
Signature 12
13
14
_________________________________15
___ 16
ATTEST: Name and Title 17
18
_____________________________ Address: 19
____________________________ 20
(Surety) Secretary 21
____________________________ 22
23
____________________________ 24
_____________________________ 25
Witness as to Surety Telephone Number: 26
___________________ 27
28
*Note: If signed by an officer of the Surety Company, there must be on file a certified 29
extract from the by-laws showing that this person has authority to sign such 30
00 61 19 - 6
MAINTENANCE BOND
Page 6 of 6
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
obligation. If Surety’s physical address is different from its mailing address, 1
both must be provided. The date of the bond shall not be prior to the date the 2
Contract is awarded. 3
4
00 61 25 - 1
CERTIFICATE OF INSURANCE
Page 1 of 1
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 00 61 25 1
CERTIFICATE OF INSURANCE 2
3
4
5
[Assembler: For Contract Document execution, remove this page and replace with standard 6
ACORD Certificate of Insurance form.] 7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
END OF SECTION 24
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055
Revised September 20, 2018
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055
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
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055
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
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055
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
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055
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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CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055
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 Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055
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 Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055
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 Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055
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 Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055
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 Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055
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 Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055
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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CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055
Revised September 20, 2018
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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CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055
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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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CITY OF DENTON Bid #7239
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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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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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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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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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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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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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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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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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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055
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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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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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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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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
00 72 00 - 1
GENERAL CONDITIONS
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CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055
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
00 72 00 - 1
GENERAL CONDITIONS
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CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055
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.
00 72 00 - 1
GENERAL CONDITIONS
Page 63 of 63
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055
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.
00 73 00 - 1
SUPPLEMENTARY CONDITIONS
Page 1 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 00 73 00 1
SUPPLEMENTARY CONDITIONS 2
TO 3
GENERAL CONDITIONS 4
5
Supplementary Conditions 6
7
These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other 8
provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 9
modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 10
of the General Conditions which are not so modified or supplemented remain in full force and effect. 11
12
Defined Terms 13
14
The terms used in these Supplementary Conditions which are defined in the General Conditions have the 15
meaning assigned to them in the General Conditions, unless specifically noted herein. 16
17
Modifications and Supplements 18
19
The following are instructions that modify or supplement specific paragraphs in the General Conditions and 20
other Contract Documents. 21
22
SC-4.01A 23
24
Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 25
Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the 26
Contract Drawings. 27
28
SC-4.01A.1., “Availability of Lands” 29
30
The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of 31
April 2019: 32
33
Outstanding Right-Of-Way, and/or Easements to Be Acquired 34
PARCEL
NUMBER
OWNER TARGET DATE
OF POSSESSION
None
The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 35
and do not bind the City. 36
37
If Contractor considers the final easements provided to differ materially from the representations on the 38
Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 39
notify City in writing associated with the differing easement line locations. 40
41
SC-4.01A.2, “Availability of Lands” 42
43
Utilities or obstructions to be removed, adjusted, and/or relocated 44
45
The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated 46
as of April 2019: 47
00 73 00 - 2
SUPPLEMENTARY CONDITIONS
Page 2 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1
EXPECTED
OWNER
UTILITY AND LOCATION TARGET DATE OF
ADJUSTMENT
None
The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 2
and do not bind the City. 3
4
5
SC-5.03A., “Certificates of Insurance” 6
7
The entities listed below are "additional insureds as their interest may appear" including their respective 8
officers, directors, agents and employees. 9
10
(1) City 11
(2) Consultant: Freese and Nichols, Inc. 12
(3) Other: None. 13
14
[Obtain approval for the limits shown for SC 5.04A thru 5.04D. from City before finalizing Contract 15
Documents] 16
SC-5.04A., “Contractor’s Insurance” 17
18
The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 19
coverages for not less than the following amounts or greater where required by laws and regulations: 20
21
5.04A. Workers' Compensation, under Paragraph GC-5.04A. 22
23
Statutory limits 24
Employer's liability 25
$100,000 each accident/occurrence 26
$100,000 Disease - each employee 27
$500,000 Disease - policy limit 28
29
SC-5.04B., “Contractor’s Insurance” 30
31
5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance 32
under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with 33
minimum limits of: 34
35
$1,000,000 each occurrence 36
$2,000,000 aggregate limit 37
38
The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the 39
General Aggregate Limits apply separately to each job site. 40
41
The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. 42
Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 43
44
SC 5.04C., “Contractor’s Insurance” 45
5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor’s Liability Insurance under 46
Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: 47
48
00 73 00 - 3
SUPPLEMENTARY CONDITIONS
Page 3 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
(1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", 1
defined as autos owned, hired and non-owned. 2
3
$1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 4
least: 5
6
$250,000 Bodily Injury per person / 7
$500,000 Bodily Injury per accident / 8
$100,000 Property Damage 9
10
SC-9.01., “City’s Project Manager” 11
12
The City’s Project Manager for this Contract is Seth Garcia, or his/her successor pursuant to written 13
notification from the City Engineer. 14
15
SC-13.03C., “Tests and Inspections” 16
17
None. 18
19
SC-16.01C.1, “Methods and Procedures” 20
21
None. 22
23
24
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
00 73 73 - 1
FORM 1295 - CERTIFICATE OF INTERESTED PARTIES
Page 1 of 1
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 00 73 73 1
FORM 1295 - CERTIFICATE OF INTERESTED PARTIES 2
3
4
5
[Contractor: Replace this page with Form 1295 for this Contract, which can be obtained at 6
www.ethics.state.tx.us] 7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
END OF SECTION 24
01 11 00 1
SUMMARY OF WORK
Page 1 of 1
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 01 11 00 1
SUMMARY OF WORK 2
3
Base Bid: 4
The base bid includes all improvements of John Carrell Road (1,266 LF), Skylane (1,796 LF), 5
Spartan Drive (735 LF), and Lockheed Lane (983 LF) of edge mill & overlay and full-depth 6
reconstruction. Lockheed Lane includes HMAC patching. See “Base Bid” sheets for 7
construction plans. 8
9
10
END OF SECTION 11
12
Revision Log
DATE NAME SUMMARY OF CHANGE
13
01 25 00 - 1
SUBSTITUTION PROCEDURES
Page 1 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 01 25 00 1
SUBSTITUTION PROCEDURES 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. The procedure for requesting the approval of substitution of a product that is not 6
equivalent to a product which is specified by descriptive or performance criteria or 7
defined by reference to 1 or more of the following: 8
a. Name of manufacturer 9
b. Name of vendor 10
c. Trade name 11
d. Catalog number 12
2. Substitutions are not "or-equals". 13
B. Deviations from this City of Denton Standard Specification 14
1. None. 15
C. Related Specification Sections include, but are not necessarily limited to: 16
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 17
2. Division 1 – General Requirements 18
1.2 PRICE AND PAYMENT PROCEDURES 19
A. Measurement and Payment 20
1. Work associated with this Item is considered incidental to the various items bid. 21
No separate payment will be allowed for this Item. 22
1.3 REFERENCES [NOT USED] 23
1.4 ADMINISTRATIVE REQUIREMENTS 24
A. Request for Substitution - General 25
1. Within 30 days after award of Contract (unless noted otherwise), the City will 26
consider formal requests from Contractor for substitution of products in place of 27
those specified. 28
2. Certain types of equipment and kinds of material are described in Specifications by 29
means of references to names of manufacturers and vendors, trade names, or 30
catalog numbers. 31
a. When this method of specifying is used, it is not intended to exclude from 32
consideration other products bearing other manufacturer's or vendor's names, 33
trade names, or catalog numbers, provided said products are "or-equals," as 34
determined by City. 35
3. Other types of equipment and kinds of material may be acceptable substitutions 36
under the following conditions: 37
a. Or-equals are unavailable due to strike, discontinued production of products 38
meeting specified requirements, or other factors beyond control of Contractor; 39
or, 40
01 25 00 - 2
SUBSTITUTION PROCEDURES
Page 2 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
b. Contractor proposes a cost and/or time reduction incentive to the City. 1
1.5 SUBMITTALS 2
A. See Request for Substitution Form (attached) 3
B. Procedure for Requesting Substitution 4
1. Substitution shall be considered only: 5
a. After award of Contract 6
b. Under the conditions stated herein 7
2. Submit one PDF copy via email to the Project Manager and their duly appointed 8
representative, including: 9
a. Documentation 10
1) Complete data substantiating compliance of proposed substitution with 11
Contract Documents 12
2) Data relating to changes in construction schedule, when a reduction is 13
proposed 14
3) Data relating to changes in cost 15
b. For products 16
1) Product identification 17
a) Manufacturer's name 18
b) Telephone number and representative contact name 19
c) Specification Section or Drawing reference of originally specified 20
product, including discrete name or tag number assigned to original 21
product in the Contract Documents 22
2) Manufacturer's literature clearly marked to show compliance of proposed 23
product with Contract Documents 24
3) Itemized comparison of original and proposed product addressing product 25
characteristics including, but not necessarily limited to: 26
a) Size 27
b) Composition or materials of construction 28
c) Weight 29
d) Electrical or mechanical requirements 30
4) Product experience 31
a) Location of past projects utilizing product 32
b) Name and telephone number of persons associated with referenced 33
projects knowledgeable concerning proposed product 34
c) Available field data and reports associated with proposed product 35
5) Samples 36
a) Provide at request of City. 37
b) Samples become the property of the City. 38
c. For construction methods: 39
1) Detailed description of proposed method 40
2) Illustration drawings 41
C. Approval or Rejection 42
1. Written approval or rejection of substitution given by the City 43
2. City reserves the right to require proposed product to comply with color and pattern 44
of specified product if necessary to secure design intent. 45
3. In the event the substitution is approved, the resulting cost and/or time reduction 46
will be documented by Change Order in accordance with the General Conditions. 47
01 25 00 - 3
SUBSTITUTION PROCEDURES
Page 3 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
4. No additional contract time will be given for substitution. 1
5. Substitution will be rejected if: 2
a. Submittal is not through the Contractor with his stamp of approval 3
b. Request is not made in accordance with this Specification Section 4
c. In the City’s opinion, acceptance will require substantial revision of the original 5
design 6
d. In the City’s opinion, substitution will not perform adequately the function 7
consistent with the design intent 8
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 9
1.7 CLOSEOUT SUBMITTALS [NOT USED] 10
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11
1.9 QUALITY ASSURANCE 12
A. In making request for substitution or in using an approved product, the Contractor 13
represents that the Contractor: 14
1. Has investigated proposed product, and has determined that it is adequate or 15
superior in all respects to that specified, and that it will perform function for which 16
it is intended 17
2. Will provide same guarantee for substitute item as for product specified 18
3. Will coordinate installation of accepted substitution into Work, to include building 19
modifications if necessary, making such changes as may be required for Work to be 20
complete in all respects 21
4. Waives all claims for additional costs related to substitution which subsequently 22
arise 23
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24
1.11 FIELD [SITE] CONDITIONS [NOT USED] 25
1.12 WARRANTY [NOT USED] 26
PART 2 - PRODUCTS [NOT USED] 27
PART 3 - EXECUTION [NOT USED] 28
END OF SECTION 29
30
Revision Log
DATE NAME SUMMARY OF CHANGE
31
01 25 00 - 4
SUBSTITUTION PROCEDURES
Page 4 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
EXHIBIT A 1
REQUEST FOR SUBSTITUTION FORM: 2
3
TO: 4
PROJECT: DATE: 5
We hereby submit for your consideration the following product instead of the specified item for 6
the above project: 7
SECTION PARAGRAPH SPECIFIED ITEM 8
9
10
Proposed Substitution: 11
Reason for Substitution: 12
Include complete information on changes to Drawings and/or Specifications which proposed 13
substitution will require for its proper installation. 14
15
Fill in Blanks Below: 16 A. Will the undersigned contractor pay for changes to the building design, including engineering 17 and detailing costs caused by the requested substitution? 18 19 20 B. What effect does substitution have on other trades? 21 22 23 C. Differences between proposed substitution and specified item? 24 25 26 D. Differences in product cost or product delivery time? 27 28 29 E. Manufacturer's guarantees of the proposed and specified items are: 30
31
Equal Better (explain on attachment) 32
The undersigned states that the function, appearance and quality are equivalent or superior to the 33
specified item. 34
Submitted By: For Use by City 35
36
Signature Recommended Recommended 37
as noted 38
39
Firm Not recommended Received late 40
Address By 41
Date 42
Date Remarks 43
Telephone 44
45
For Use by City: 46
47
Approved Rejected 48
City Date 49
01 31 19 - 1
PRECONSTRUCTION MEETING
Page 1 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 01 31 19 1
PRECONSTRUCTION MEETING 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Provisions for the preconstruction meeting to be held prior to the start of Work to 6
clarify construction contract administration procedures 7
B. Deviations from this City of Denton Standard Specification 8
1. None. 9
C. Related Specification Sections include, but are not necessarily limited to: 10
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11
2. Division 1 – General Requirements 12
1.2 PRICE AND PAYMENT PROCEDURES 13
A. Measurement and Payment 14
1. Work associated with this Item is considered incidental to the various items bid. 15
No separate payment will be allowed for this Item. 16
1.3 REFERENCES [NOT USED] 17
1.4 ADMINISTRATIVE REQUIREMENTS 18
A. Coordination 19
1. Attend preconstruction meeting. 20
2. Representatives of Contractor, subcontractors and suppliers attending meetings 21
shall be qualified and authorized to act on behalf of the entity each represents. 22
3. Meeting administered by City may be tape recorded. 23
a. If recorded, tapes will be used to prepare minutes and retained by City for 24
future reference. 25
4. Project Manager will establish their duly authorized representative(s) authorized to 26
make decisions as identified in the Contract Documents. 27
B. Preconstruction Meeting 28
1. A preconstruction meeting will be held within 14 days after the execution of the 29
Agreement and before Work is started. 30
a. The meeting will be scheduled and administered by the City. 31
2. The Project Manager will preside at the meeting, prepare the notes of the meeting 32
and distribute copies of same to all participants who so request by fully completing 33
the attendance form to be circulated at the beginning of the meeting. 34
3. Attendance shall include: 35
a. Project Manager 36
b. Project Manager’s duly authorized representative (if any) 37
c. Contractor's project manager 38
d. Contractor's superintendent 39
01 31 19 - 2
PRECONSTRUCTION MEETING
Page 2 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
e. Any subcontractor or supplier representatives whom the Contractor may desire 1
to invite or the City may request 2
f. Other City representatives 3
g. Others as appropriate 4
4. Construction Schedule 5
a. Prepare baseline construction schedule in accordance with Section 01 32 16 and 6
provide at Preconstruction Meeting. 7
b. City will notify Contractor of any schedule changes upon Notice of 8
Preconstruction Meeting. 9
5. Preliminary Agenda may include: 10
a. Introduction of Project Personnel 11
b. General Description of Project 12
c. Status of right-of-way, utility clearances, easements or other pertinent permits 13
d. Contractor’s work plan and schedule 14
e. Contract Time 15
f. Notice to Proceed 16
g. Construction Staking 17
h. Progress Payments 18
i. Extra Work and Change Order Procedures 19
j. Field Orders 20
k. Disposal Site Letter for Waste Material 21
l. Insurance Renewals 22
m. Payroll Certification 23
n. Material Certifications and Quality Control Testing 24
o. Public Safety and Convenience 25
p. Documentation of Pre-Construction Conditions 26
q. Weekend Work Notification 27
r. Legal Holidays 28
s. Trench Safety Plans 29
t. Confined Space Entry Standards 30
u. Coordination with the City’s representative for operations of existing water 31
systems 32
v. Storm Water Pollution Prevention Plan 33
w. Coordination with other Contractors 34
x. Early Warning System 35
y. Contractor Evaluation 36
z. Special Conditions applicable to the project 37
aa. Damages Claims 38
bb. Submittal Procedures 39
cc. Substitution Procedures 40
dd. Correspondence Routing 41
ee. Record Drawings 42
ff. Temporary construction facilities 43
gg. Final Acceptance 44
hh. Final Payment 45
ii. Communications Plan 46
jj. Questions or Comments 47
01 31 19 - 3
PRECONSTRUCTION MEETING
Page 3 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1.5 SUBMITTALS [NOT USED] 1
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2
1.7 CLOSEOUT SUBMITTALS [NOT USED] 3
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4
1.9 QUALITY ASSURANCE [NOT USED] 5
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6
1.11 FIELD [SITE] CONDITIONS [NOT USED] 7
1.12 WARRANTY [NOT USED] 8
PART 2 - PRODUCTS [NOT USED] 9
PART 3 - EXECUTION [NOT USED] 10
END OF SECTION 11
12
Revision Log
DATE NAME SUMMARY OF CHANGE
13
01 31 20 - 1
PROJECT MEETINGS
Page 1 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 01 31 20 1
PROJECT MEETINGS 2
3
PART 1 - GENERAL 4
1.1 SUMMARY 5
A. Section Includes: 6
1. Provisions for project meetings throughout the construction period to enable orderly 7
review of the progress of the Work and to provide for systematic discussion of 8
potential problems 9
B. Deviations this City of Denton Standard Specification 10
1. None. 11
C. Related Specification Sections include, but are not necessarily limited to: 12
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 13
2. Division 1 – General Requirements 14
1.2 PRICE AND PAYMENT PROCEDURES 15
A. Measurement and Payment 16
1. Work associated with this Item is considered incidental to the various items bid. 17
No separate payment will be allowed for this Item. 18
1.3 REFERENCES [NOT USED] 19
1.4 ADMINISTRATIVE REQUIREMENTS 20
A. Coordination 21
1. Schedule, attend and administer as specified, periodic progress meetings, and 22
specially called meetings throughout progress of the Work. 23
2. Representatives of Contractor, subcontractors and suppliers attending meetings 24
shall be qualified and authorized to act on behalf of the entity each represents. 25
3. Meetings administered by City may be recorded. 26
4. Meetings, in addition to those specified in this Section, may be held when requested 27
by the City, Engineer or Contractor. 28
B. Progress Meetings 29
1. Formal project coordination meetings will be held monthly. Meetings will be 30
scheduled and administered by Project Manager. 31
a. Additional meetings may be held at the request of the : 32
1) City 33
2) Engineer 34
3) Contractor 35
2. Additional progress meetings to discuss specific topics will be conducted on an as-36
needed basis. Such additional meetings shall include, but not be limited to: 37
a. Coordinating shutdowns 38
b. Installation of piping and equipment 39
01 31 20 - 2
PROJECT MEETINGS
Page 2 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
c. Coordination between other construction projects 1
d. Resolution of construction issues 2
e. Equipment approval 3
3. The Project Manager will preside at progress meetings, prepare the notes of the 4
meeting and distribute copies of the same to all participants who so request by fully 5
completing the attendance form to be circulated at the beginning of each meeting. 6
4. Attendance shall include: 7
a. Contractor's project manager 8
b. Contractor's superintendent 9
c. Any subcontractor or supplier representatives whom the Contractor may desire 10
to invite or the City may request 11
d. Engineer's representatives 12
e. City’s representatives 13
f. Others, as requested by the Project Manager 14
5. Preliminary Agenda may include: 15
a. Review of Work progress since previous meeting 16
b. Field observations, problems, conflicts 17
c. Items which impede construction schedule 18
d. Review of off-site fabrication, delivery schedules 19
e. Review of construction interfacing and sequencing requirements with other 20
construction contracts 21
f. Corrective measures and procedures to regain projected schedule 22
g. Revisions to construction schedule 23
h. Progress, schedule, during succeeding Work period 24
i. Coordination of schedules 25
j. Review submittal schedules 26
k. Maintenance of quality standards 27
l. Pending changes and substitutions 28
m. Review proposed changes for: 29
1) Effect on construction schedule and on completion date 30
2) Effect on other contracts of the Project 31
n. Review Record Documents 32
o. Review monthly pay request 33
p. Review status of Requests for Information 34
6. Meeting Location 35
a. The City will establish a meeting location. 36
1) To the extent practicable, meetings will be held at the Site. 37
01 31 20 - 3
PROJECT MEETINGS
Page 3 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1.5 SUBMITTALS [NOT USED] 1
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2
1.7 CLOSEOUT SUBMITTALS [NOT USED] 3
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4
1.9 QUALITY ASSURANCE [NOT USED] 5
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6
1.11 FIELD [SITE] CONDITIONS [NOT USED] 7
1.12 WARRANTY [NOT USED] 8
PART 2 - PRODUCTS [NOT USED] 9
PART 3 - EXECUTION [NOT USED] 10
END OF SECTION 11
12
Revision Log
DATE NAME SUMMARY OF CHANGE
13
01 32 16 - 1
CONSTRUCTION PROGRESS SCHEDULE
Page 1 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 01 32 16 1
CONSTRUCTION PROGRESS SCHEDULE 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. General requirements for the preparation, submittal, updating, status reporting and 6
management of the Construction Progress Schedule 7
B. Deviations from this City of Denton Standard Specification 8
1. None. 9
C. Related Specification Sections include, but are not necessarily limited to: 10
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11
2. Division 1 – General Requirements 12
1.2 PRICE AND PAYMENT PROCEDURES 13
A. Measurement and Payment 14
1. Work associated with this Item is considered incidental to the various items bid. 15
No separate payment will be allowed for this Item. 16
1.3 REFERENCES 17
A. Definitions 18
1. Baseline Schedule - Initial schedule submitted before work begins that will serve 19
as the baseline for measuring progress and departures from the schedule. 20
2. Progress Schedule - Monthly submittal of a progress schedule documenting 21
progress on the project and any changes anticipated. 22
3. Schedule Narrative - Concise narrative of the schedule including schedule 23
changes, expected delays, key schedule issues, critical path items, etc 24
B. Reference Standards 25
1. None 26
1.4 ADMINISTRATIVE REQUIREMENTS 27
A. Baseline Schedule 28
1. General 29
a. Prepare a baseline Schedule using approved software and the Critical Path 30
Method (CPM). 31
b. Review the draft baseline Schedule with the City to demonstrate understanding 32
of the work to be performed and known issues and constraints related to the 33
schedule. 34
c. Designate an authorized representative (Project Scheduler) responsible for 35
developing and updating the schedule and preparing reports. 36
B. Progress Schedule 37
1. Update the progress Schedule monthly. 38
01 32 16 - 2
CONSTRUCTION PROGRESS SCHEDULE
Page 2 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 1
3. Change Orders 2
a. Incorporate approved change orders, resulting in a change of contract time, in 3
the baseline Schedule. 4
C. Responsibility for Schedule Compliance 5
1. Whenever it becomes apparent from the current progress Schedule and CPM Status 6
Report that delays to the critical path have resulted and the Contract completion 7
date will not be met, or when so directed by the City, make some or all of the 8
following actions at no additional cost to the City 9
a. Submit a Recovery Plan to the City for approval revised baseline Schedule 10
outlining: 11
1) A written statement of the steps intended to take to remove or arrest the 12
delay to the critical path in the approved schedule 13
2) Increase construction manpower in such quantities and crafts as will 14
substantially eliminate the backlog of work and return current Schedule to 15
meet projected baseline completion dates 16
3) Increase the number of working hours per shift, shifts per day, working 17
days per week, the amount of construction equipment, or any combination 18
of the foregoing, sufficiently to substantially eliminate the backlog of work 19
4) Reschedule activities to achieve maximum practical concurrency of 20
accomplishment of activities, and comply with the revised schedule 21
2. If no written statement of the steps intended to take is submitted when so requested 22
by the City, the City may direct the Contractor to increase the level of effort in 23
manpower (trades), equipment and work schedule (overtime, weekend and holiday 24
work, etc.) to be employed by the Contractor in order to remove or arrest the delay 25
to the critical path in the approved schedule. 26
a. No additional cost for such work will be considered. 27
D. The Contract completion time will be adjusted only for causes specified in this 28
Contract. 29
a. Requests for an extension of any Contract completion date must be 30
supplemented with the following: 31
1) Furnish justification and supporting evidence as the City may deem 32
necessary to determine whether the requested extension of time is entitled 33
under the provisions of this Contract. 34
a) The City will, after receipt of such justification and supporting 35
evidence, make findings of fact and will advise the Contractor, in 36
writing thereof. 37
2) If the City finds that the requested extension of time is entitled, the City's 38
determination as to the total number of days allowed for the extensions 39
shall be based upon the approved total baseline schedule and on all data 40
relevant to the extension. 41
a) Such data shall be included in the next updating of the Progress 42
schedule. 43
b) Actual delays in activities which, according to the Baseline schedule, 44
do not affect any Contract completion date shown by the critical path in 45
the network will not be the basis for a change therein. 46
2. Submit each request for change in Contract completion date to the City within 30 47
days after the beginning of the delay for which a time extension is requested but 48
before the date of final payment under this Contract. 49
01 32 16 - 3
CONSTRUCTION PROGRESS SCHEDULE
Page 3 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
a. No time extension will be granted for requests which are not submitted within 1
the foregoing time limit. 2
b. From time to time, it may be necessary for the Contract schedule or completion 3
time to be adjusted by the City to reflect the effects of job conditions, weather, 4
technical difficulties, strikes, unavoidable delays on the part of the City or its 5
representatives, and other unforeseeable conditions which may indicate 6
schedule adjustments or completion time extensions. 7
1) Under such conditions, the City will direct the Contractor to reschedule the 8
work or Contract completion time to reflect the changed conditions and the 9
Contractor shall revise his schedule accordingly. 10
a) No additional compensation will be made to the Contractor for such 11
schedule changes except for unavoidable overall contract time 12
extensions beyond the actual completion of unaffected work, in which 13
case the Contractor shall take all possible action to minimize any time 14
extension and any additional cost to the City. 15
b) Available float time in the Baseline schedule may be used by the City 16
as well as by the Contractor. 17
3. Float or slack time is defined as the amount of time between the earliest start date 18
and the latest start date or between the earliest finish date and the latest finish date 19
of a chain of activities on the Baseline Schedule. 20
a. Float or slack time is not for the exclusive use or benefit of either the 21
Contractor or the City. 22
b. Proceed with work according to early start dates, and the City shall have the 23
right to reserve and apportion float time according to the needs of the project. 24
c. Acknowledge and agree that actual delays, affecting paths of activities 25
containing float time, will not have any effect upon contract completion times, 26
providing that the actual delay does not exceed the float time associated with 27
those activities. 28
E. Coordinating Schedule with Other Contract Schedules 29
1. Where work is to be performed under this Contract concurrently with or contingent 30
upon work performed on the same facilities or area under other contracts, the 31
Baseline Schedule shall be coordinated with the schedules of the other contracts. 32
a. Obtain the schedules of the other appropriate contracts from the City for the 33
preparation and updating of Baseline schedule and make the required changes 34
in his schedule when indicated by changes in corresponding schedules. 35
2. In case of interference between the operations of different contractors, the City will 36
determine the work priority of each contractor and the sequence of work necessary 37
to expedite the completion of the entire Project. 38
a. In such cases, the decision of the City shall be accepted as final. 39
b. The temporary delay of any work due to such circumstances shall not be 40
considered as justification for claims for additional compensation. 41
1.5 SUBMITTALS 42
A. Baseline Schedule 43
1. Submit Schedule in native file format and pdf format. 44
a. Native file format shall be: 45
1) Microsoft Project 46
2. Submit draft baseline Schedule to City prior to the pre-construction meeting and 47
bring in hard copy to the meeting for review and discussion. 48
01 32 16 - 4
CONSTRUCTION PROGRESS SCHEDULE
Page 4 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
B. Progress Schedule 1
1. Submit progress Schedule in native file format and pdf format. 2
2. Submit progress Schedule monthly no later than the 25th day of the month. 3
C. Schedule Narrative 4
1. Submit the schedule narrative in pdf format. 5
2. Submit schedule narrative monthly no later than the 25th day of the month. 6
D. Submittal Process 7
1. 8
2. Contractor shall submit one (1) hard copy of documents to the Project Manager’s 9
duly appointed representative. 10
3. Contractor shall submit documents via email to the Project Manager and their duly 11
appointed representative. 12
4. Once the project has been completed and Final Acceptance has been issued by the 13
City, no further progress schedules are required. 14
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 15
1.7 CLOSEOUT SUBMITTALS [NOT USED] 16
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 17
1.9 QUALITY ASSURANCE 18
A. The person preparing and revising the construction Progress Schedule shall be 19
experienced in the preparation of schedules of similar complexity. 20
B. Schedule and supporting documents addressed in this Specification shall be prepared, 21
updated and revised to accurately reflect the performance of the construction. 22
C. Contractor is responsible for the quality of all submittals in this section meeting the 23
standard of care for the construction industry for similar projects. 24
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 25
1.11 FIELD [SITE] CONDITIONS [NOT USED] 26
1.12 WARRANTY [NOT USED] 27
PART 2 - PRODUCTS [NOT USED] 28
PART 3 - EXECUTION [NOT USED] 29
END OF SECTION 30
Revision Log
DATE NAME SUMMARY OF CHANGE
31
01 32 33 - 1
PRECONSTRUCTION VIDEO
Page 1 of 2
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 01 32 33 1
PRECONSTRUCTION VIDEO 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Administrative and procedural requirements for: 6
a. Preconstruction Videos 7
B. Deviations from this City of Denton Standard Specification 8
1. None. 9
C. Related Specification Sections include, but are not necessarily limited to: 10
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11
2. Division 1 – General Requirements 12
1.2 PRICE AND PAYMENT PROCEDURES 13
A. Measurement and Payment 14
1. Work associated with this Item is considered incidental to the various items bid. 15
No separate payment will be allowed for this Item. 16
1.3 REFERENCES [NOT USED] 17
1.4 ADMINISTRATIVE REQUIREMENTS 18
A. Preconstruction Video 19
1. Produce a preconstruction video of the site/alignment, including all areas in the 20
vicinity of and to be affected by construction. 21
a. Provide digital copy of video upon request by the City. 22
2. Retain a copy of the preconstruction video until the end of the maintenance surety 23
period. 24
1.5 SUBMITTALS [NOT USED] 25
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26
1.7 CLOSEOUT SUBMITTALS [NOT USED] 27
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28
1.9 QUALITY ASSURANCE [NOT USED] 29
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 30
1.11 FIELD [SITE] CONDITIONS [NOT USED] 31
1.12 WARRANTY [NOT USED] 32
PART 2 - PRODUCTS [NOT USED] 33
01 32 33 - 2
PRECONSTRUCTION VIDEO
Page 2 of 2
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
PART 3 - EXECUTION [NOT USED] 1
END OF SECTION 2
3
Revision Log
DATE NAME SUMMARY OF CHANGE
4
01 33 00 - 1
SUBMITTALS
Page 1 of 11
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 01 33 00 1
SUBMITTALS 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. General methods and requirements of submissions applicable to the following 6
Work-related submittals: 7
a. Shop Drawings 8
b. Product Data (including Project Material Submittal Checklist submittals) 9
c. Samples 10
d. Mock Ups 11
B. Deviations from this City of Denton Standard Specification 12
1. None. 13
C. Related Specification Sections include, but are not necessarily limited to: 14
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15
2. Division 1 – General Requirements 16
1.2 PRICE AND PAYMENT PROCEDURES 17
A. Measurement and Payment 18
1. Work associated with this Item is considered incidental to the various items bid. 19
No separate payment will be allowed for this Item. 20
1.3 REFERENCES [NOT USED] 21
1.4 ADMINISTRATIVE REQUIREMENTS 22
A. Coordination 23
1. Notify the City in writing, at the time of submittal, of any deviations in the 24
submittals from the requirements of the Contract Documents. 25
2. Coordination of Submittal Times 26
01 33 00 - 2
SUBMITTALS
Page 2 of 11
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
a. Prepare, prioritize and transmit each submittal sufficiently in advance of 1
performing the related Work or other applicable activities, or within the time 2
specified in the individual Work Sections, of the Specifications. 3
b. Contractor is responsible such that the installation will not be delayed by 4
processing times including, but not limited to: 5
a) Disapproval and resubmittal (if required) 6
b) Coordination with other submittals 7
c) Testing 8
d) Purchasing 9
e) Fabrication 10
f) Delivery 11
g) Similar sequenced activities 12
c. No extension of time will be authorized because of the Contractor's failure to 13
transmit submittals sufficiently in advance of the Work. 14
d. Make submittals promptly in accordance with approved schedule, and in such 15
sequence as to cause no delay in the Work or in the work of any other 16
contractor. 17
B. Submittal Numbering 18
1. When submitting shop drawings or samples, utilize a submittal cross-reference 19
identification numbering system in the following manner: 20
a. Use the applicable Specification Section Number. 21
b. For the next 2 digits number use numbers 01-99 to sequentially number each 22
initial separate item or drawing submitted under each specific Section number. 23
c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. 24
A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 25
submittal number would be as follows: 26
27
303-02-B 28
29
1) 303 is the Specification Section for Portland Cement Concrete Pavement 30
2) 02 is the second initial submittal under this Specification Section 31
01 33 00 - 3
SUBMITTALS
Page 3 of 11
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
3) B is the third submission (second resubmission) of that particular shop 1
drawing 2
C. Contractor Certification 3
1. Review shop drawings, product data and samples, including those by 4
subcontractors, prior to submission to determine and verify the following: 5
a. Field measurements 6
b. Field construction criteria 7
c. Catalog numbers and similar data 8
d. Conformance with the Contract Documents 9
2. Provide each shop drawing, sample and product data submitted by the Contractor 10
with a Certification Statement affixed including: 11
a. The Contractor's Company name 12
b. Signature of submittal reviewer 13
c. Certification Statement 14
1) “By this submittal, I hereby represent that I have determined and verified 15
field measurements, field construction criteria, materials, dimensions, 16
catalog numbers and similar data and I have checked and coordinated each 17
item with other applicable approved shop drawings." 18
D. Submittal Format 19
1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 20
2. Bind shop drawings and product data sheets together. 21
3. Order 22
a. Cover Sheet 23
1) Description of Packet 24
2) Contractor Certification 25
b. List of items / Table of Contents 26
c. Product Data /Shop Drawings/Samples /Calculations 27
E. Submittal Content 28
1. The date of submission and the dates of any previous submissions 29
01 33 00 - 4
SUBMITTALS
Page 4 of 11
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
2. The Project title and number 1
3. Contractor identification 2
4. The names of: 3
a. Contractor 4
b. Supplier 5
c. Manufacturer 6
5. Identification of the product, with the Specification Section number, page and 7
paragraph(s) 8
6. Field dimensions, clearly identified as such 9
7. Relation to adjacent or critical features of the Work or materials 10
8. Applicable standards, such as ASTM or Federal Specification numbers 11
9. Identification by highlighting of deviations from Contract Documents 12
10. Identification by highlighting of revisions on resubmittals 13
11. An 8-inch x 3-inch blank space for Contractor and City stamps 14
F. Shop Drawings 15
1. As specified in individual Work Sections includes, but is not necessarily limited to: 16
a. Custom-prepared data such as fabrication and erection/installation (working) 17
drawings 18
b. Scheduled information 19
c. Setting diagrams 20
d. Actual shopwork manufacturing instructions 21
e. Custom templates 22
f. Special wiring diagrams 23
g. Coordination drawings 24
h. Individual system or equipment inspection and test reports including: 25
1) Performance curves and certifications 26
i. As applicable to the Work 27
01 33 00 - 5
SUBMITTALS
Page 5 of 11
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
2. Details 1
a. Relation of the various parts to the main members and lines of the structure 2
b. Where correct fabrication of the Work depends upon field measurements 3
1) Provide such measurements and note on the drawings prior to submitting 4
for approval. 5
G. Product Data 6
1. For submittals of product data for products included on the City’s Product Material 7
Submittal Checklist, highlight each item selected for use on the Project. 8
2. For submittals of product data for products not included on the City’s Product 9
Material Submittal Checklist, submittal data may include, but is not necessarily 10
limited to: 11
a. Standard prepared data for manufactured products (sometimes referred to as 12
catalog data) 13
1) Such as the manufacturer's product specification and installation 14
instructions 15
2) Availability of colors and patterns 16
3) Manufacturer's printed statements of compliances and applicability 17
4) Roughing-in diagrams and templates 18
5) Catalog cuts 19
6) Product photographs 20
7) Standard wiring diagrams 21
8) Printed performance curves and operational-range diagrams 22
9) Production or quality control inspection and test reports and certifications 23
10) Mill reports 24
11) Product operating and maintenance instructions and recommended 25
spare-parts listing and printed product warranties 26
12) As applicable to the Work 27
3. Submittals of product data for products not included on the City’s Product Material 28
Submittal Checklist may be considered a Substitution in accordance with Section 29
01 25 00. 30
01 33 00 - 6
SUBMITTALS
Page 6 of 11
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
4. All deviations from City’s Product Material Submittal Checklist shall require 1
approval by the Engineer of Record for the Project. 2
H. Samples 3
1. As specified in individual Sections, include, but are not necessarily limited to: 4
a. Physical examples of the Work such as: 5
1) Sections of manufactured or fabricated Work 6
2) Small cuts or containers of materials 7
3) Complete units of repetitively used products color/texture/pattern swatches 8
and range sets 9
4) Specimens for coordination of visual effect 10
5) Graphic symbols and units of Work to be used by the City for independent 11
inspection and testing, as applicable to the Work 12
I. Do not start Work requiring a shop drawing, sample or product data nor any material to 13
be fabricated or installed prior to the approval or qualified approval of such item. 14
1. Fabrication performed, materials purchased or on-site construction accomplished 15
which does not conform to approved shop drawings and data is at the Contractor's 16
risk. 17
2. The City will not be liable for any expense or delay due to corrections or remedies 18
required to accomplish conformity. 19
3. Complete project Work, materials, fabrication, and installations in conformance 20
with approved shop drawings, applicable samples, and product data. 21
J. Submittal Distribution 22
1. Electronic Distribution 23
a. Provide all submittals in electronic form via email to Project Manager and their 24
duly appointed representative. 25
b. Shop Drawings 26
1) Email submittal to Project Manager and their duly appointed representative. 27
2) Hard Copies 28
a) Not required 29
c. Product Data 30
01 33 00 - 7
SUBMITTALS
Page 7 of 11
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1) Email submittal to Project Manager and their duly appointed representative. 1
2) Hard Copies 2
a) Not required 3
d. Samples 4
1) Distributed to the Project Manager 5
K. Submittal Review 6
1. The review of shop drawings, data and samples will be for general conformance 7
with the design concept and Contract Documents. This is not to be construed as: 8
a. Permitting any departure from the Contract requirements 9
b. Relieving the Contractor of responsibility for any errors, including details, 10
dimensions, and materials 11
c. Approving departures from details furnished by the City, except as otherwise 12
provided herein 13
2. The review and approval of shop drawings, samples or product data by the City 14
does not relieve the Contractor from his/her responsibility with regard to the 15
fulfillment of the terms of the Contract. 16
a. All risks of error and omission are assumed by the Contractor, and the City will 17
have no responsibility therefore. 18
3. The Contractor remains responsible for details and accuracy, for coordinating the 19
Work with all other associated work and trades, for selecting fabrication processes, 20
for techniques of assembly and for performing Work in a safe manner. 21
4. If the shop drawings, data or samples as submitted describe variations and show a 22
departure from the Contract requirements which City finds to be in the interest of 23
the City and to be so minor as not to involve a change in Contract Price or time for 24
performance, the City may return the reviewed drawings without noting an 25
exception. 26
5. Submittals will be returned to the Contractor under 1 of the following codes: 27
a. Code 1 28
1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 29
comments on the submittal. 30
a) When returned under this code the Contractor may release the 31
equipment and/or material for manufacture. 32
01 33 00 - 8
SUBMITTALS
Page 8 of 11
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
b. Code 2 1
1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 2
the notations and comments IS NOT required by the Contractor. 3
a) The Contractor may release the equipment or material for manufacture; 4
however, all notations and comments must be incorporated into the 5
final product. 6
c. Code 3 7
1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 8
assigned when notations and comments are extensive enough to require a 9
resubmittal of the package. 10
a) This resubmittal is to address all comments, omissions and 11
non-conforming items that were noted. 12
b) Resubmittal is to be received by the City within 15 Calendar Days of 13
the date of the City's transmittal requiring the resubmittal. 14
d. Code 4 15
1) "NOT APPROVED" is assigned when the submittal does not meet the 16
intent of the Contract Documents. 17
a) The Contractor must resubmit the entire package revised to bring the 18
submittal into conformance. 19
b) It may be necessary to resubmit using a different manufacturer/vendor 20
to meet the Contract Documents. 21
6. Resubmittals 22
a. Handled in the same manner as first submittals 23
1) Corrections other than requested by the City 24
2) Marked with revision triangle or other similar method 25
a) At Contractor’s risk if not marked 26
b. Submittals for each item will be reviewed no more than twice at the City’s 27
expense. 28
1) All subsequent reviews will be performed at times convenient to the City 29
and at the Contractor's expense, based on the City's or City 30
Representative’s then prevailing rates. 31
2) Provide Contractor reimbursement to the City within 30 Calendar Days for 32
all such fees invoiced by the City. 33
01 33 00 - 9
SUBMITTALS
Page 9 of 11
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
c. The need for more than 1 resubmission or any other delay in obtaining City's 1
review of submittals, will not entitle the Contractor to an extension of Contract 2
Time. 3
7. Partial Submittals 4
a. City reserves the right to not review submittals deemed partial, at the City’s 5
discretion. 6
b. Submittals deemed by the City to be not complete will be returned to the 7
Contractor, and will be considered "Not Approved" until resubmitted. 8
c. The City may at its option provide a list or mark the submittal directing the 9
Contractor to the areas that are incomplete. 10
8. If the Contractor considers any correction indicated on the shop drawings to 11
constitute a change to the Contract Documents, then written notice must be 12
provided thereof to the City at least 7 Calendar Days prior to release for 13
manufacture. 14
9. When the shop drawings have been completed to the satisfaction of the City, the 15
Contractor may carry out the construction in accordance therewith and no further 16
changes therein except upon written instructions from the City. 17
10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 18
following receipt of submittal by the City. 19
L. Mock ups 20
1. Mock Up units as specified in individual Sections, include, but are not necessarily 21
limited to, complete units of the standard of acceptance for that type of Work to be 22
used on the Project. Remove at the completion of the Work or when directed. 23
M. Qualifications 24
1. If specifically required in other Sections of these Specifications, submit a P.E. 25
Certification for each item required. 26
N. Request for Information (RFI) 27
1. Contractor Request for additional information 28
a. Clarification or interpretation of the contract documents 29
b. When the Contractor believes there is a conflict between Contract Documents 30
c. When the Contractor believes there is a conflict between the Drawings and 31
Specifications 32
01 33 00 - 10
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Page 10 of 11
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1) Identify the conflict and request clarification 1
d. When the Contractor encounters an unknown condition in the field 2
2. Use the Request for Information (RFI) form provided by the City (attached). 3
3. Numbering of RFI 4
a. Prefix with “RFI” followed by series number, “-xxx”, beginning with “01” and 5
increasing sequentially with each additional transmittal. 6
4. Sufficient information shall be attached to permit a written response without further 7
information. 8
5. The City will log each request and will review the request. 9
a. If review of the project information request indicates that a change to the 10
Contract Documents is required, the City will issue a Field Order or Change 11
Order, as appropriate. 12
1.5 SUBMITTALS [NOT USED] 13
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 14
1.7 CLOSEOUT SUBMITTALS [NOT USED] 15
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 16
1.9 QUALITY ASSURANCE [NOT USED] 17
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 18
1.11 FIELD [SITE] CONDITIONS [NOT USED] 19
1.12 WARRANTY [NOT USED] 20
PART 2 - PRODUCTS [NOT USED] 21
PART 3 - EXECUTION [NOT USED] 22
END OF SECTION 23
24
Revision Log
DATE NAME SUMMARY OF CHANGE
25
26
01 33 00 - 11
SUBMITTALS
Page 11 of 11
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
REQUEST FOR INFORMATION 1
2
Project:
RFI #:
Engineering Project No.: Date Sent:
Sender: Receiver:
Copies To:
3
Subject:
Request:
Sender’s Proposed Answer/Solution:
4
THE PROPOSED ANSWER/SOLUTION IS, IS NOT, INCLUDED IN THE CONTRACT. 5
6
Receiver’s Response:
7
Response By:
Company:
Date:
8
DISTRIBUTION:
9
01 35 13 - 1
SPECIAL PROJECT PROCEDURES
Page 1 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 01 35 13 1
SPECIAL PROJECT PROCEDURES 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. The procedures for special project circumstances that includes, but is not limited to: 6
a. Coordination with the Texas Department of Transportation 7
b. Work near High Voltage Lines 8
c. Confined Space Entry Program 9
d. Excavation Protection 10
e. Air Pollution Watch Days 11
f. Use of Explosives, Drop Weight, Etc. 12
g. Water Utilities Notification 13
h. Public Notification Prior to Beginning Construction 14
i. Coordination with United States Army Corps of Engineers 15
j. Coordination within Railroad permits areas 16
k. Dust Control 17
l. Employee Parking 18
m. Coordination with North Central Texas Council of Governments Clean 19
Construction Specification 20
B. Deviations from this City of Denton Standard Specification 21
1. None. 22
C. Related Specification Sections include, but are not necessarily limited to: 23
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 24
2. Division 1 – General Requirements 25
1.2 PRICE AND PAYMENT PROCEDURES 26
A. Measurement and Payment 27
1. Coordination within Railroad permit areas 28
a. Measurement 29
1) Measurement for this Item will be by lump sum. 30
b. Payment 31
1) The work performed and materials furnished in accordance with this Item 32
will be paid for at the lump sum price bid for Railroad Coordination. 33
c. The price bid shall include: 34
1) Mobilization 35
2) Inspection 36
3) Safety training 37
4) Additional Insurance 38
5) Insurance Certificates 39
6) Other requirements associated with general coordination with Railroad, 40
including additional employees required to protect the right-of-way and 41
property of the Railroad from damage arising out of and/or from the 42
construction of the Project. 43
01 35 13 - 2
SPECIAL PROJECT PROCEDURES
Page 2 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
2. Railroad Flagmen 1
a. Measurement 2
1) Measurement for this Item will be per working day. 3
b. Payment 4
1) The work performed and materials furnished in accordance with this Item 5
will be paid for each working day that Railroad Flagmen are present at the 6
Site. 7
c. The price bid shall include: 8
1) Coordination for scheduling flagmen 9
2) Flagmen 10
3) Other requirements associated with Railroad 11
3. Excavation Protection (Trench Safety) 12
a. Measurement 13
1) Measured per linear foot of excavation for all trenches that require trench 14
safety in accordance with OSHA excavation safety standards (29 CFR Part 15
1926 Subpart P Safety and Health regulations for Construction) 16
b. Payment 17
1) The work performed and materials furnished in accordance with this Item 18
and measured as provided under “Measurement” will be paid for at the unit 19
price bid per linear foot of excavation to comply with OSHA excavation 20
safety standards (29 CFR Part 1926.650 Subpart P), including, but not 21
limited to, all submittals, labor and equipment. 22
4. All other items 23
a. Work associated with these Items is considered incidental to the various Items 24
bid. No separate payment will be allowed for this Item. 25
1.3 REFERENCES 26
A. Reference Standards 27
1. Reference standards cited in this Specification refer to the current reference 28
standard published at the time of the latest revision date logged at the end of this 29
Specification, unless a date is specifically cited. 30
2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 31
High Voltage Overhead Lines. 32
3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 33
Specification 34
4. Occupational Health and Safety Administration (OSHA) Standards – 29 CFR Part 35
1910.146 – Permit-Required Confined Spaces 36
1.4 ADMINISTRATIVE REQUIREMENTS 37
A. Coordination with the Texas Department of Transportation 38
1. When work in the right-of-way which is under the jurisdiction of the Texas 39
Department of Transportation (TxDOT): 40
a. Notify the Texas Department of Transportation prior to commencing any work 41
therein in accordance with the provisions of the permit 42
b. All work performed in the TxDOT right-of-way shall be performed in 43
compliance with and subject to approval from the Texas Department of 44
Transportation 45
B. Work near High Voltage Lines 46
01 35 13 - 3
SPECIAL PROJECT PROCEDURES
Page 3 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1. Regulatory Requirements 1
a. All Work near High Voltage Lines (more than 600 volts measured between 2
conductors or between a conductor and the ground) shall be in accordance with 3
Health and Safety Code, Title 9, Subtitle A, Chapter 752. 4
2. Warning sign 5
a. Provide sign of sufficient size meeting all OSHA requirements. 6
3. Equipment operating within 10 feet of high voltage lines will require the following 7
safety features 8
a. Insulating cage-type of guard about the boom or arm 9
b. Insulator links on the lift hook connections for back hoes or dippers 10
c. Equipment must meet the safety requirements as set forth by OSHA and the 11
safety requirements of the owner of the high voltage lines 12
4. Work within 6 feet of high voltage electric lines 13
a. Notification shall be given to: 14
1) The power company (example: Denton Municipal Electric) 15
a) Maintain an accurate log of all such calls to power company and record 16
action taken in each case. 17
b. Coordination with power company 18
1) After notification coordinate with the power company to: 19
a) Erect temporary mechanical barriers, de-energize the lines, or raise or 20
lower the lines 21
c. No personnel may work within 6 feet of a high voltage line before the above 22
requirements have been met. 23
C. Confined Space Entry Program 24
1. Provide and follow approved Confined Space Entry Program in accordance with 25
OSHA requirements. 26
2. Confined Spaces include: 27
a. Manholes 28
b. All other confined spaces in accordance with OSHA’s Permit Required for 29
Confined Spaces 30
D. Excavation Protection 31
1. Excavation protection shall be in strict compliance with OSHA excavation safety 32
standards (29 CFR Part 1926 Subpart P Safety and Health regulations for 33
Construction). 34
2. Submit three (3) copies of a site-specific trench safety plan prepared by a licensed 35
Professional Engineer in the State of Texas to the City prior to construction in 36
accordance with Section 01 33 00. 37
a. The City will not review the submittal. Receipt of submittal is confirmation 38
that the Contractor has prepared a trench safety plan as required by state and 39
federal law. 40
b. The City assumes no responsibility for trench safety and shall be held harmless 41
under the indemnification clause of the General Conditions. 42
3. Any changes in the trench excavation plan after initiation of construction will not 43
be cause for an extension of time and will require a new submittal to the City. 44
4. The Contractor accepts sole responsibility for compliance with all applicable safety 45
requirements. 46
E. Air Pollution Watch Days 47
01 35 13 - 4
SPECIAL PROJECT PROCEDURES
Page 4 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1. General 1
a. Observe the following guidelines relating to working on City construction sites 2
on days designated as “AIR POLLUTION WATCH DAYS”. 3
b. Typical Ozone Season 4
1) May 1 through October 31. 5
c. Critical Emission Time 6
1) 6:00 a.m. to 10:00 a.m. 7
2. Watch Days 8
a. The Texas Commission on Environmental Quality (TCEQ), in coordination 9
with the National Weather Service, will issue the Air Pollution Watch by 3:00 10
p.m. on the afternoon prior to the WATCH day. 11
b. Requirements 12
1) Begin work after 10:00 a.m. whenever construction phasing requires the 13
use of motorized equipment for periods in excess of 1 hour. 14
2) However, the Contractor may begin work prior to 10:00 a.m. if: 15
a) Use of motorized equipment is less than 1 hour, or 16
b) If equipment is new and certified by EPA as “Low Emitting“, or 17
equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or 18
alternative fuels such as CNG. 19
F. TCEQ Air Permit 20
1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 21
G. Use of Explosives, Drop Weight, Etc. 22
1. When Contract Documents permit on the project the following will apply: 23
a. Public Notification 24
1) Submit notice to City and proof of adequate insurance coverage, 24 hours 25
prior to commencing. 26
2) Minimum 24-hour public notification in accordance with Section 01 31 13 27
H. Water Utilities Coordination 28
1. During the construction of this project, it may be necessary to deactivate, for a 29
period of time, existing lines. The Contractor shall be required to coordinate with 30
Water Utilities to determine the best times for deactivating and activating those 31
lines. 32
2. Coordinate any event that will require connecting to or the operation of an existing 33
City water line system with the City’s representative. 34
a. If needed, obtain a hydrant water meter from Water Utilities for use during the 35
life of named project. 36
b. In the event that a water valve on an existing live system be turned off and on 37
to accommodate the construction of the project is required, coordinate this 38
activity through the appropriate City representative. 39
1) Do not operate water line valves of existing water system. 40
a) Failure to comply will render the Contractor in violation of Texas Penal 41
Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 42
will be prosecuted to the full extent of the law. 43
b) In addition, the Contractor will assume all liabilities and 44
responsibilities as a result of these actions. 45
I. Public Notification Prior to Beginning Construction 46
01 35 13 - 5
SPECIAL PROJECT PROCEDURES
Page 5 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1. Prior to beginning construction on any block in the project, on a block-by-block 1
basis, prepare and deliver a notice or flyer of the pending construction to the front 2
door of each residence or business that will be impacted by construction. The notice 3
shall be prepared as follows: 4
a. Post notice or flyer 7 days prior to beginning any construction activity on each 5
block in the project area. 6
1) Prepare flyer on the Contractor’s letterhead and include the following 7
information: 8
a) Name of Project 9
b) Engineering Project Number (EPN) 10
c) Scope of Project (i.e. type of construction activity) 11
d) Actual construction duration within the block 12
e) Name of the contractor’s foreman and phone number 13
f) Name of the City’s inspector and phone number 14
g) City’s after-hours phone number 15
2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 16
A. 17
3) Submit schedule showing the construction start and finish time for each 18
block of the project to the inspector. 19
4) Deliver flyer to the City Inspector for review prior to distribution. 20
b. No construction will be allowed to begin on any block until the flyer is 21
delivered to all residents of the block. 22
J. Public Notification of Temporary Water Service Interruption during Construction 23
1. In the event it becomes necessary to temporarily shut down water service to 24
residents or businesses during construction, prepare and deliver a notice or flyer of 25
the pending interruption to the front door of each affected resident. 26
2. Prepared notice as follows: 27
a. The notification or flyer shall be posted 24 hours prior to the temporary 28
interruption. 29
b. Prepare flyer on the contractor’s letterhead and include the following 30
information: 31
1) Name of the project 32
2) Engineering Project Number (EPN) 33
3) Date of the interruption of service 34
4) Period the interruption will take place 35
5) Name of the contractor’s foreman and phone number 36
6) Name of the City’s inspector and phone number 37
c. A sample of the temporary water service interruption notification is attached as 38
Exhibit B. 39
d. Deliver a copy of the temporary interruption notification to the City inspector 40
for review prior to being distributed. 41
e. No interruption of water service can occur until the flyer has been delivered to 42
all affected residents and businesses. 43
f. Electronic versions of the sample flyers can be obtained from the Project 44
Construction Inspector. 45
K. Coordination with United States Army Corps of Engineers (USACE) 46
1. At locations in the Project where construction activities occur in areas where 47
USACE permits are required, meet all requirements set forth in each designated 48
permit. 49
01 35 13 - 6
SPECIAL PROJECT PROCEDURES
Page 6 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
L. Coordination within Railroad Permit Areas 1
1. At locations in the project where construction activities occur in areas where 2
railroad permits are required, meet all requirements set forth in each designated 3
railroad permit. This includes, but is not limited to, provisions for: 4
a. Flagmen 5
b. Inspectors 6
c. Safety training 7
d. Additional insurance 8
e. Insurance certificates 9
f. Other employees required to protect the right-of-way and property of the 10
Railroad Company from damage arising out of and/or from the construction of 11
the project. Proper utility clearance procedures shall be used in accordance 12
with the permit guidelines. 13
2. Obtain any supplemental information needed to comply with the railroad’s 14
requirements. 15
3. Railroad Flagmen 16
a. Submit receipts to City for verification of working days that railroad flagmen 17
were present on Site. 18
M. Dust Control 19
1. Use acceptable measures to control dust at the Site. 20
a. If water is used to control dust, capture and properly dispose of waste water. 21
b. If wet saw cutting is performed, capture and properly dispose of slurry. 22
N. Employee Parking 23
1. Provide parking for employees at locations approved by the City. 24
O. Coordination with North Central Texas Council of Governments (NCTCOG) Clean 25
Construction Specification 26
1. Equipment Requirements 27
a. All construction equipment being used to perform work on the Contract shall 28
meet EPA emissions standards of Tier 3 or equivalent, or cleaner. Model Form 29
A.14. Schedule for Phase-In of Tier 1-Tier 4 Non-Road Engines is included in 30
Appendix A. Compliance may be achieved through the use of equipment 31
powered by an EPA-certified engine, through engine repowers, or through the 32
use of retrofits which have been verified by the EPA and/or California Air 33
Resources Board. A list of available retrofits is available online at EPA’s 34
website “Verified Technologies List for Clean Diesel.” 35
b. Equipment that meets one or more of the following conditions may be exempt 36
from these requirements: 37
1) Equipment powered by an engine that is less than or equal to ten (10) years 38
old. 39
2) Equipment that must be used to fulfill use or reporting requirements for a 40
grant program or other clean air initiative. Documentation of such 41
obligations must be submitted to City for verification. 42
3) Equipment that is designated as low-use equipment, which is defined as 43
any piece of construction equipment which is used for less than ten (10) 44
hours per week on a single public works contract. A Low-Use Exemption 45
Weekly Reporting Form will be required for all equipment for which this 46
exemption is claimed. 47
01 35 13 - 7
SPECIAL PROJECT PROCEDURES
Page 7 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
4) Equipment that is being used to address a critical or emergency public 1
works need, including, but not limited to, broken water mains or sanitary 2
sewer lines. This exemption is limited to work performed in a situation in 3
which the procurement of construction services is performed on an 4
emergency basis, as provided for by State law. 5
2. Operational Requirements 6
a. All diesel fuel used to perform work on the public works contract shall be 7
Ultra-Low Sulfur Diesel (ULSD) fuel which also complies with Texas Low 8
Emission Diesel (TxLED) program requirements. This may include TxLED- 9
compliant Biodiesel blends. 10
b. The Contractor shall limit idling of equipment to no more than five (5) 11
minutes, unless the idling is applicable to one or more of the following 12
exceptions: 13
1) is being used for emergency response purposes; 14
2) is idling as a necessary component of mechanical operation, maintenance, 15
or diagnostic purposes; or 16
3) is idling for the health or safety of the equipment operator. 17
c. To the greatest extent possible, Contractor shall stage equipment away from, 18
and minimize operation near, sensitive receptors including, but not limited to, 19
fresh air intakes, hospitals, schools, licensed day care facilities, and residences. 20
3. Reporting Requirements 21
a. On or before the day construction activity commences, the Contractor shall 22
submit to the City an inventory report containing identifying data for each piece 23
of equipment to be used on the worksite. A form for submitting such 24
information will be provided by the City. This inventory may be used by the 25
City to conduct site inspections and/or verify compliance with specification 26
elements. 27
b. If additional equipment is brought on-site after construction begins, the 28
Contractor shall provide this same inventory information to the City for the new 29
equipment on or before the day it begins work on-site. 30
c. Reports shall be provided for all equipment used on-site. 31
4. Enforcement Requirements 32
a. All construction equipment used at the Site is subject to inspection by the City 33
at random. Contractor is responsible for ensuring that all subcontractors meet 34
the requirements of this specification. 35
1.5 SUBMITTALS 36
A. Submittals shall be in accordance with Section 01 33 00. 37
B. All submittals shall be approved by the City prior to delivery. 38
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 39
A. Construction Notice Flyer 40
B. Notice of Temporary Water Service Interruption 41
01 35 13 - 8
SPECIAL PROJECT PROCEDURES
Page 8 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1.7 CLOSEOUT SUBMITTALS [NOT USED] 1
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 2
1.9 QUALITY ASSURANCE [NOT USED] 3
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 4
1.11 FIELD [SITE] CONDITIONS [NOT USED] 5
1.12 WARRANTY [NOT USED] 6
PART 2 - PRODUCTS [NOT USED] 7
PART 3 - EXECUTION [NOT USED] 8
END OF SECTION 9
10
Revision Log
DATE NAME SUMMARY OF CHANGE
11
01 35 13 - 9
SPECIAL PROJECT PROCEDURES
Page 9 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
EXHIBIT A 1
(To be printed on Contractor’s Letterhead) 2
3
4
5
Date: 6
7
EPN No.: 8
Project Name: 9
Limits of Construction: 10
11
12
13 14
15
THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF 16
DENTON, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 17
PROPERTY. 18
19
CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 20
OF THIS NOTICE. 21
22
IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 23
ISSUE, PLEASE CALL: 24
25
26
<CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 27
28
OR 29
30
<CITY INSPECTOR> AT < TELEPHONE NO.> 31
32
33
PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 34
35
01 35 13 - 10
SPECIAL PROJECT PROCEDURES
Page 10 of 10
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
EXHIBIT B 1
2
Date: 3
4
EPN No.: 5
6
Project Name:_____________________ 7
8
9
NOTICE OF 10
TEMPORARY WATER SERVICE 11
INTERRUPTION 12
13
14
Due to utility improvements in your neighborhood, your water service will be 15
interrupted on ___________________________________________________ 16
between the hours of __________________ and _______________________. 17
18
19
IF YOU HAVE QUESTIONS ABOUT THIS DISRUPTION, PLEASE CALL: 20
21
22
<CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 23
24
OR 25
26
<CITY INSPECTOR> AT < TELEPHONE NO.> 27
28
THIS SERVICE INTERRUPTION WILL BE AS SHORT AS POSSIBLE 29
30
Thank you, 31
_________________________, Contractor 32
01 45 23 - 1
TESTING AND INSPECTION SERVICES
Page 1 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 01 45 23 1
TESTING AND INSPECTION SERVICES 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Testing and inspection services procedures and coordination 6
B. Deviations from this City of Denton Standard Specification 7
1. None 8
C. Related Specification Sections include, but are not necessarily limited to: 9
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10
2. Division 1 – General Requirements 11
1.2 PRICE AND PAYMENT PROCEDURES 12
A. Measurement and Payment 13
1. Work associated with this Item is considered incidental to the various Items bid. 14
No separate payment will be allowed for this Item. 15
a. In accordance with Article 13 of the General Conditions, Contractor is 16
responsible for performing, coordinating, and payment of all inspections, tests, 17
re-tests, or approvals. 18
b. In accordance with Article 13 of the General Conditions, City is responsible for 19
performing and payment for first set additional independent testing chosen by 20
the City to be performed. 21
1) If the first independent test performed by the City fails, the Contractor is 22
responsible for payment of subsequent testing until a passing test occurs. 23
a) Final acceptance will not be issued by City until all required payments 24
for testing by Contractor have been paid in full. 25
1.3 REFERENCES [NOT USED] 26
1.4 ADMINISTRATIVE REQUIREMENTS 27
A. Testing 28
1. Complete testing in accordance with the Contract Documents. 29
2. Coordination 30
a. When testing is required to be performed by the City, notify City, sufficiently 31
in advance, when testing is needed. 32
b. When testing is required to be completed by the Contractor, notify City, 33
sufficiently in advance, that testing will be performed. 34
3. Distribution of Testing Reports 35
a. Electronic Distribution 36
1) Provide all reports to Project Manager and their duly appointed 37
representative electronically via email. 38
4. Provide Project Manager’s duly appointed representative with trip tickets for each 39
delivered load of Concrete or Lime material including the following information: 40
01 45 23 - 2
TESTING AND INSPECTION SERVICES
Page 2 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
a. Name of pit 1
b. Date of delivery 2
c. Material delivered 3
B. Inspection 4
1. Inspection or lack of inspection does not relieve the Contractor from obligation to 5
perform work in accordance with the Contract Documents. 6
1.5 SUBMITTALS 7
A. Submittals shall be in accordance with Section 01 33 00. 8
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 9
A. Materials Testing Reports sealed by a Professional Engineer or Professional 10
Geoscientist licensed in the State of Texas. 11
1.7 CLOSEOUT SUBMITTALS [NOT USED] 12
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 13
1.9 QUALITY ASSURANCE [NOT USED] 14
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 15
1.11 FIELD [SITE] CONDITIONS [NOT USED] 16
1.12 WARRANTY [NOT USED] 17
PART 2 - PRODUCTS [NOT USED] 18
PART 3 - EXECUTION [NOT USED] 19
20
01 45 23 - 3
TESTING AND INSPECTION SERVICES
Page 3 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
END OF SECTION 1
2
Revision Log
DATE NAME SUMMARY OF CHANGE
3
01 50 00 - 1
TEMPORARY FACILITIES AND CONTROLS
Page 1 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 01 50 00 1
TEMPORARY FACILITIES AND CONTROLS 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Provide temporary facilities and controls needed for the Work including, but not 6
necessarily limited to: 7
a. Temporary utilities 8
b. Sanitary facilities 9
c. Storage Sheds and Buildings 10
d. Dust control 11
e. Temporary fencing of the construction site 12
B. Deviations from this City of Denton Standard Specification 13
1. None. 14
C. Related Specification Sections include, but are not necessarily limited to: 15
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 16
2. Division 1 – General Requirements 17
1.2 PRICE AND PAYMENT PROCEDURES 18
A. Measurement and Payment 19
1. Work associated with this Item is considered incidental to the various Items bid. 20
No separate payment will be allowed for this Item. 21
1.3 REFERENCES [NOT USED] 22
1.4 ADMINISTRATIVE REQUIREMENTS 23
A. Temporary Utilities 24
1. Obtaining Temporary Service 25
a. Make arrangements with utility service companies for temporary services. 26
b. Abide by rules and regulations of utility service companies or authorities 27
having jurisdiction. 28
c. Be responsible for utility service costs until Work is approved for Final 29
Acceptance. 30
1) Included are fuel, power, light, heat and other utility services necessary for 31
execution, completion, testing and initial operation of Work. 32
2. Water 33
a. Contractor to provide water required for and in connection with Work to be 34
performed and for specified tests of piping, equipment, devices or other use as 35
required for the completion of the Work. 36
b. Provide and maintain adequate supply of potable water for domestic 37
consumption by Contractor personnel and Project Manager and Project 38
Manager’s duly authorized representative. 39
c. Coordination 40
01 50 00 - 2
TEMPORARY FACILITIES AND CONTROLS
Page 2 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1) Contact City 1 week before water for construction is desired 1
d. Contractor Payment for Construction Water 2
1) Obtain construction water meter from City for payment as billed by City’s 3
established rates. 4
3. Electricity and Lighting 5
a. Provide and pay for electric powered service as required for Work, including 6
testing of Work. 7
1) Provide power for lighting, operation of equipment, or other use. 8
b. Electric power service includes temporary power service or generator to 9
maintain operations during scheduled shutdown. 10
4. Telephone 11
a. Provide emergency telephone service at Site for use by Contractor personnel 12
and others performing work or furnishing services at Site. 13
5. Temporary Heat and Ventilation 14
a. Provide temporary heat as necessary for protection or completion of Work. 15
b. Provide temporary heat and ventilation to assure safe working conditions. 16
B. Sanitary Facilities 17
1. Provide and maintain sanitary facilities for persons on Site. 18
a. Comply with regulations of State and local departments of health. 19
2. Enforce use of sanitary facilities by construction personnel at job site. 20
a. Enclose and anchor sanitary facilities. 21
b. No discharge will be allowed from these facilities. 22
c. Collect and store sewage and waste so as not to cause nuisance or health 23
problem. 24
d. Haul sewage and waste off-site at no less than weekly intervals and properly 25
dispose in accordance with applicable regulation. 26
3. Locate facilities near Work Site and keep clean and maintained throughout Project. 27
4. Remove facilities at completion of Project 28
C. Storage Sheds and Buildings 29
1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 30
above ground level for materials and equipment susceptible to weather damage. 31
2. Storage of materials not susceptible to weather damage may be on blocks off 32
ground. 33
3. Store materials in a neat and orderly manner. 34
a. Place materials and equipment to permit easy access for identification, 35
inspection and inventory. 36
4. Equip building with lockable doors and lighting, and provide electrical service for 37
equipment space heaters and heating or ventilation as necessary to provide storage 38
environments acceptable to specified manufacturers. 39
5. Fill and grade site for temporary structures to provide drainage away from 40
temporary and existing buildings. 41
6. Remove building from site prior to Final Acceptance. 42
D. Temporary Fencing 43
1. Provide and maintain for the duration or construction when required in contract 44
documents 45
01 50 00 - 3
TEMPORARY FACILITIES AND CONTROLS
Page 3 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
E. Dust Control 1
1. Contractor is responsible for maintaining dust control through the duration of the 2
project. 3
a. Contractor remains on-call at all times 4
b. Must respond in a timely manner 5
F. Temporary Protection of Construction 6
1. Contractor or subcontractors are responsible for protecting Work from damage due 7
to weather. 8
1.5 SUBMITTALS [NOT USED] 9
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10
1.7 CLOSEOUT SUBMITTALS [NOT USED] 11
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12
1.9 QUALITY ASSURANCE [NOT USED] 13
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 14
1.11 FIELD [SITE] CONDITIONS [NOT USED] 15
1.12 WARRANTY [NOT USED] 16
PART 2 - PRODUCTS [NOT USED] 17
PART 3 - EXECUTION [NOT USED] 18
3.1 INSTALLERS [NOT USED] 19
3.2 EXAMINATION [NOT USED] 20
3.3 PREPARATION [NOT USED] 21
3.4 INSTALLATION 22
A. Temporary Facilities 23
1. Maintain all temporary facilities for duration of construction activities as needed. 24
01 50 00 - 4
TEMPORARY FACILITIES AND CONTROLS
Page 4 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
3.5 [REPAIR] / [RESTORATION] 1
3.6 RE-INSTALLATION 2
3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3
3.8 SYSTEM STARTUP [NOT USED] 4
3.9 ADJUSTING [NOT USED] 5
3.10 CLEANING [NOT USED] 6
3.11 CLOSEOUT ACTIVITIES 7
A. Temporary Facilities 8
1. Remove all temporary facilities and restore area after completion of the Work, to a 9
condition equal to or better than prior to start of Work. 10
3.12 PROTECTION [NOT USED] 11
3.13 MAINTENANCE [NOT USED] 12
3.14 ATTACHMENTS [NOT USED] 13
END OF SECTION 14
15
Revision Log
DATE NAME SUMMARY OF CHANGE
16
01 57 13 - 1
STORM WATER POLLUTION PREVENTION
Page 1 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 01 57 13 1
STORM WATER POLLUTION PREVENTION 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Procedures for Storm Water Pollution Prevention Plans 6
B. Deviations from this City of Denton Standard Specification 7
1. None. 8
C. Related Specification Sections include, but are not necessarily limited to: 9
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the 10
Contract 11
2. Division 1 – General Requirements 12
1.2 PRICE AND PAYMENT PROCEDURES 13
A. Measurement and Payment 14
1. Storm Water Pollution Prevention Plan 15
a. Measurement for this Item shall be by lump sum. 16
b. Payment 17
1) The work performed and the materials furnished in accordance with this 18
Item shall be paid for at the lump sum price bid for “Storm Water Pollution 19
Prevention Plan”. 20
c. The price bid shall include: 21
1) Preparation of Storm Water Pollution Prevention Plan 22
2) Implementation 23
3) Permitting fees 24
4) Installation 25
5) Maintenance 26
6) Removal 27
1.3 REFERENCES 28
A. Abbreviations and Acronyms 29
1. Notice of Intent: NOI 30
2. Notice of Termination: NOT 31
3. Storm Water Pollution Prevention Plan: SWPPP 32
4. Texas Commission on Environmental Quality: TCEQ 33
5. Notice of Change: NOC 34
A. Reference Standards 35
1. Reference standards cited in this Specification refer to the current reference 36
standard published at the time of the latest revision date logged at the end of this 37
Specification, unless a date is specifically cited. 38
01 57 13 - 2
STORM WATER POLLUTION PREVENTION
Page 2 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
2. Integrated Storm Management (iSWM) Technical Manual for Construction 1
Controls 2
1.4 ADMINISTRATIVE REQUIREMENTS 3
A. General 4
1. Contractor is responsible for resolution and payment of any fines issued associated 5
with compliance to Stormwater Pollution Prevention Plan. 6
2. As a condition of approval, applicants conducting land disturbing activities will 7
complete the online construction site survey. This survey can be found at 8
https://www.surveymonkey.com/r/HT2BDHZ 9
B. Construction Activities resulting in: 10
1. Less than 1 acre of disturbance 11
a. Provide erosion and sediment control in accordance with Drawings. 12
2. 1 to less than 5 acres of disturbance 13
a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 14
Permit is required 15
b. Complete SWPPP in accordance with TCEQ requirements 16
1) TCEQ Small Construction Site Notice Required under general permit 17
TXR150000 18
a) Sign and post at job site 19
b) Prior to Preconstruction Meeting, send 1 copy to City Watershed 20
Protection Department, Joetta Dailey (940) 349-7153 or David Hunter 21
(940) 349-7123. 22
2) Provide erosion and sediment control in accordance with: 23
a) Drawings 24
b) TXR150000 General Permit 25
c) SWPPP 26
d) TCEQ requirements 27
3. 5 acres or more of Disturbance 28
a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 29
Permit is required 30
b. Complete SWPPP in accordance with TCEQ requirements 31
1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 32
a) Sign and post at job site 33
b) Send copy to City Watershed Protection Department, Joetta Dailey 34
(940) 349 7153 or David Hunter (940) 349 7123. 35
2) TCEQ Notice of Change required if making changes or updates to NOI 36
3) Provide erosion and sediment control in accordance with: 37
a) Drawings 38
b) TXR150000 General Permit 39
c) SWPPP 40
d) TCEQ requirements 41
4) Once the project has been completed and all the closeout requirements of 42
TCEQ have been met a TCEQ Notice of Termination can be submitted. 43
a) Send copy to City Watershed Protection Department, Joetta Dailey 44
(940) 349-7153 or David Hunter (940) 349-7123. 45
01 57 13 - 3
STORM WATER POLLUTION PREVENTION
Page 3 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1.5 SUBMITTALS 1
A. SWPPP 2
1. Submit in accordance with Section 01 33 00, except as stated herein. 3
a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 4
as follows: 5
1) 1 copy to the Project Manager 6
a) Project Manager will forward to the City Watershed Protection 7
Department, Joetta Dailey (940) 349-7153 or David Hunter (940) 349-8
7123 for review. 9
B. Modified SWPPP 10
1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 11
in accordance with Section 01 33 00. 12
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 13
1.7 CLOSEOUT SUBMITTALS [NOT USED] 14
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15
1.9 QUALITY ASSURANCE [NOT USED] 16
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 17
1.11 FIELD [SITE] CONDITIONS [NOT USED] 18
1.12 WARRANTY [NOT USED] 19
PART 2 - PRODUCTS [NOT USED] 20
PART 3 - EXECUTION [NOT USED] 21
END OF SECTION 22
23
Revision Log
DATE NAME SUMMARY OF CHANGE
24
01 58 13 - 1
TEMPORARY PROJECT SIGNAGE
Page 1 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 01 58 13 1
TEMPORARY PROJECT SIGNAGE 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Temporary Project Signage Requirements 6
B. Deviations from this City of Denton Standard Specification 7
1. None. 8
C. Related Specification Sections include, but are not necessarily limited to: 9
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10
2. Division 1 – General Requirements 11
1.2 PRICE AND PAYMENT PROCEDURES 12
A. Measurement and Payment 13
1. Temporary Project Sign 14
a. Measurement 15
1) Measurement for this Item will be per each project sign installed. 16
b. Payment 17
1) The work performed and materials furnished in accordance with this Item 18
and measured as provided under “Measurement” shall be paid for at the 19
unit price bid per each “Temporary Project Sign.” 20
c. The price bid shall include: 21
1) Installation of Temporary Project Sign 22
2) Excavation 23
3) Hauling 24
4) Disposal of excess Materials 25
5) Maintenance and Repair of Signs During Construction 26
01 58 13 - 2
TEMPORARY PROJECT SIGNAGE
Page 2 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
6) Removal and Disposal of Temporary Project Sign 1
1.3 REFERENCES [NOT USED] 2
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 3
1.5 SUBMITTALS [NOT USED] 4
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 5
1.7 CLOSEOUT SUBMITTALS [NOT USED] 6
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7
1.9 QUALITY ASSURANCE [NOT USED] 8
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 9
1.11 FIELD [SITE] CONDITIONS [NOT USED] 10
1.12 WARRANTY [NOT USED] 11
PART 2 - PRODUCTS 12
2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 13
2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS 14
A. Design Criteria 15
1. Provide free standing Project Designation Sign as indicated below: 16
17
01 58 13 - 3
TEMPORARY PROJECT SIGNAGE
Page 3 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
The flag shall resemble the Texas Flag. The background of the stars and the “City of 1
Denton” lettering shall be blue. The lower bar of the flag shall be red, and the upper bar 2
shall be white. The dimensions, from the farthest ends, shall 3
be 12-inches vertically and 23.5-inches horizontally. The 4
flag shall appear in the dimensions shown. The contractor 5
may request a digital copy in either .jpg or .tif format. 6
7
2. The Project Designation Sign shall be placed at strategic points with lettering as 8
needed to adequately describe the work. 9
3. Signs shall be painted white with blue letters and symbols. Letter size shall conform 10
to dimensions shown on sign drawing. Exceptions or variations from the sign 11
shown above shall not be allowed. 12
B. Materials 13
1. Sign 14
a. Constructed of ¾-inch fir plywood, grade A-C (exterior) or better 15
2.3 ACCESSORIES [NOT USED] 16
2.4 SOURCE QUALITY CONTROL [NOT USED] 17
PART 3 - EXECUTION 18
3.1 INSTALLERS [NOT USED] 19
3.2 EXAMINATION [NOT USED] 20
3.3 PREPARATION [NOT USED] 21
3.4 INSTALLATION 22
A. General 23
1. Provide vertical installation at extents of project. 24
2. Signs shall be placed prior to beginning the Work and maintained until the end of 25
the project. 26
3. Relocate sign as needed, upon request of the City. 27
B. Mounting options 28
a. Skids 29
01 58 13 - 4
TEMPORARY PROJECT SIGNAGE
Page 4 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
b. Posts 1
c. Barricade 2
3.5 -- 3.12 [NOT USED] 3
3.6 MAINTENANCE 4
A. General 5
1. Maintenance will include painting and repairs as needed or directed by the City. 6
3.7 ATTACHMENTS [NOT USED] 7
END OF SECTION 8
9
Revision Log
DATE NAME SUMMARY OF CHANGE
10
01 60 00 - 1
PRODUCT REQUIREMENTS
Page 1 of 2
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 01 60 00 1
PRODUCT REQUIREMENTS 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. References for Product Requirements and Product Material Submittal Checklist 6
B. Deviations from this City of Denton Standard Specification 7
1. None. 8
C. Related Specification Sections include, but are not necessarily limited to: 9
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10
2. Division 1 – General Requirements 11
1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 12
1.3 REFERENCES [NOT USED] 13
1.4 ADMINISTRATIVE REQUIREMENTS 14
A. A list of City approved products for use is located online as follows: 15
1. https://www.cityofdenton.com/CoD/media/City-of-16
Denton/Business/Development%20Review/Materials-List.pdf 17
B. Only products specifically included on City’s Product Material Submittal Checklist in 18
these Contract Documents shall be allowed for use on the Project. 19
1. Any subsequently approved products will only be allowed for use upon specific 20
approval by the City. 21
C. Any specific product requirements in the Contract Documents supersede similar 22
products included on the Product Material Submittal Checklist. 23
1. The City reserves the right to not allow products to be used for certain projects even 24
though the product is listed on the Product Material Submittal Checklist. 25
D. Although a specific product is included on Product Material Submittal Checklist, not all 26
products from that manufacturer are approved for use, including but not limited to, that 27
manufacturer’s standard product. 28
E. See Section 01 33 00 for submittal requirements of Product Data included on Product 29
Material Submittal Checklist. 30
1.5 SUBMITTALS [NOT USED] 31
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32
1.7 CLOSEOUT SUBMITTALS [NOT USED] 33
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34
1.9 QUALITY ASSURANCE [NOT USED] 35
01 60 00 - 2
PRODUCT REQUIREMENTS
Page 2 of 2
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1
1.11 FIELD [SITE] CONDITIONS [NOT USED] 2
1.12 WARRANTY [NOT USED] 3
PART 2 - PRODUCTS [NOT USED] 4
PART 3 - EXECUTION [NOT USED] 5
END OF SECTION 6
7
Revision Log
DATE NAME SUMMARY OF CHANGE
8
01 66 00 - 1
PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 1 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 01 66 00 1
PRODUCT STORAGE AND HANDLING REQUIREMENTS 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Scheduling of product delivery 6
2. Packaging of products for delivery 7
3. Protection of products against damage from: 8
a. Handling 9
b. Exposure to elements or harsh environments 10
B. Deviations from this City of Denton Standard Specification 11
1. None. 12
C. Related Specification Sections include, but are not necessarily limited to: 13
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 14
2. Division 1 – General Requirements 15
1.2 PRICE AND PAYMENT PROCEDURES 16
A. Measurement and Payment 17
1. Work associated with this Item is considered incidental to the various Items bid. 18
No separate payment will be allowed for this Item. 19
1.3 REFERENCES [NOT USED] 20
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 21
1.5 SUBMITTALS [NOT USED] 22
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 23
1.7 CLOSEOUT SUBMITTALS [NOT USED] 24
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 25
1.9 QUALITY ASSURANCE [NOT USED] 26
1.10 DELIVERY AND HANDLING 27
A. Delivery Requirements 28
1. Schedule delivery of products or equipment as required to allow timely installation 29
and to avoid prolonged storage. 30
2. Provide appropriate personnel and equipment to receive deliveries. 31
3. Delivery trucks will not be permitted to wait extended periods of time on the Site 32
for personnel or equipment to receive the delivery. 33
4. Deliver products or equipment in manufacturer's original unbroken cartons or other 34
containers designed and constructed to protect the contents from physical or 35
environmental damage. 36
01 66 00 - 2
PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 2 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
5. Clearly and fully mark and identify as to manufacturer, item and installation 1
location. 2
6. Provide manufacturer's instructions for storage and handling. 3
B. Handling Requirements 4
1. Handle products or equipment in accordance with these Contract Documents and 5
manufacturer’s recommendations and instructions. 6
C. Storage Requirements 7
1. Store materials in accordance with manufacturer’s recommendations and 8
requirements of these Specifications. 9
2. Make necessary provisions for safe storage of materials and equipment. 10
a. Place loose soil materials and materials to be incorporated into Work to prevent 11
damage to any part of Work or existing facilities and to maintain free access at 12
all times to all parts of Work and to utility service company installations in 13
vicinity of Work. 14
3. Keep materials and equipment neatly and compactly stored in locations that will 15
cause minimum inconvenience to other contractors, public travel, adjoining owners, 16
tenants and occupants. 17
a. Arrange storage to provide easy access for inspection. 18
4. Restrict storage to areas available on construction site for storage of material and 19
equipment as shown on Drawings, or approved by Project Manager or their duly 20
authorized representative. 21
5. Provide off-site storage and protection when on-site storage is not adequate. 22
a. Provide addresses of and access to off-site storage locations for inspection by 23
Project Manager or their duly authorized representative. 24
6. Do not use lawns, grass plots or other private property for storage purposes without 25
written permission of owner or other person in possession or control of premises. 26
7. Store in manufacturers’ unopened containers. 27
8. Neatly, safely and compactly stack materials delivered and stored along line of 28
Work to avoid inconvenience and damage to property owners and general public 29
and maintain at least 3 feet from fire hydrant. 30
9. Keep public and private driveways and street crossings open. 31
10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 32
satisfaction of Project Manager or their duly authorized representative. 33
a. Total length which materials may be distributed along route of construction at 34
one time is 1,000 linear feet, unless otherwise approved in writing by Project 35
Manager. 36
01 66 00 - 3
PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 3 of 3
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1.11 FIELD [SITE] CONDITIONS [NOT USED] 1
1.12 WARRANTY [NOT USED] 2
PART 2 - PRODUCTS [NOT USED] 3
PART 3 - EXECUTION 4
3.1 -3.6 [NOT USED] 5
3.2 FIELD [OR] SITE QUALITY CONTROL 6
A. Tests and Inspections 7
1. Inspect all products or equipment delivered to the site prior to unloading. 8
B. Non-Conforming Work 9
1. Reject all products or equipment that are damaged, used or in any other way 10
unsatisfactory for use on the project. 11
3.3 SYSTEM STARTUP [NOT USED] 12
3.4 ADJUSTING [NOT USED] 13
3.5 CLEANING [NOT USED] 14
3.6 CLOSEOUT ACTIVITIES [NOT USED] 15
3.7 PROTECTION 16
A. Protect all products or equipment in accordance with manufacturer's written directions. 17
B. Store products or equipment in location to avoid physical damage to items while in 18
storage. 19
C. Protect equipment from exposure to elements and keep thoroughly dry if required by 20
the manufacturer. 21
3.8 MAINTENANCE [NOT USED] 22
3.9 ATTACHMENTS [NOT USED] 23
END OF SECTION 24
Revision Log
DATE NAME SUMMARY OF CHANGE
25
01 70 00 - 1
MOBILIZATION AND REMOBILIZATION
Page 1 of 5
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 01 70 00 1
MOBILIZATION AND REMOBILIZATION 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Mobilization and Demobilization 6
a. Mobilization 7
1) Transportation of Contractor’s personnel, equipment, and operating supplies 8
to the Site 9
2) Establishment of necessary general facilities for the Contractor’s operation 10
at the Site 11
3) Premiums paid for performance and payment bonds 12
4) Transportation of Contractor’s personnel, equipment, and operating supplies 13
to another location within the designated Site 14
5) Relocation of necessary general facilities for the Contractor’s operation 15
from 1 location to another location on the Site. 16
b. Demobilization 17
1) Transportation of Contractor’s personnel, equipment, and operating supplies 18
away from the Site including disassembly 19
2) Site Clean-up 20
3) Removal of all buildings and/or other facilities assembled at the Site for this 21
Contract 22
c. Mobilization and Demobilization do not include activities for specific items of 23
work that are for which payment is provided elsewhere in the contract. 24
2. Remobilization 25
a. Remobilization for Suspension of Work specifically required in the Contract 26
Documents or as required by City includes: 27
1) Demobilization 28
a) Transportation of Contractor’s personnel, equipment, and operating 29
supplies from the Site including disassembly or temporarily securing 30
01 70 00 - 2
MOBILIZATION AND REMOBILIZATION
Page 2 of 5
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
equipment, supplies, and other facilities as designated by the Contract 1
Documents necessary to suspend the Work. 2
b) Site Clean-up as designated in the Contract Documents 3
2) Remobilization 4
a) Transportation of Contractor’s personnel, equipment, and operating 5
supplies to the Site necessary to resume the Work. 6
b) Establishment of necessary general facilities for the Contractor’s 7
operation at the Site necessary to resume the Work. 8
3) No Payments will be made for: 9
a) Mobilization and Demobilization from one location to another on the 10
Site in the normal progress of performing the Work. 11
b) Stand-by or idle time 12
c) Lost profits 13
14
01 70 00 - 3
MOBILIZATION AND REMOBILIZATION
Page 3 of 5
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
B. Deviations from this City of Denton Standard Specification 1
1. None. 2
C. Related Specification Sections include, but are not necessarily limited to: 3
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 4
2. Division 1 – General Requirements 5
1.2 PRICE AND PAYMENT PROCEDURES 6
A. Measurement and Payment 7
1. Mobilization and Demobilization 8
a. Measurement 9
1) This Item will be measured by the lump sum as the work progresses. 10
b. Payment 11
1) For this Item, the adjusted Contract amount will be calculated as the total 12
Contract amount less the lump sum for mobilization. Mobilization shall be 13
made in partial payments as follows: 14
a) When 1% of the adjusted Contract amount for construction Items is 15
earned, 50% of the mobilization lump sum bid will be paid. 16
b) When 5% of the adjusted Contract amount for construction Items is 17
earned, 75% of the mobilization lump sum bid will be paid. Previous 18
payments under the Item will be deducted from this amount. 19
c) When 10% of the adjusted Contract amount for construction Items is 20
earned, 100% of the mobilization lump sum bid will be paid. Previous 21
payments under the Item will be deducted from this amount. 22
d) A bid containing a total for “Mobilization” in excess of 10% of total 23
contract shall be considered unbalanced and a cause for consideration 24
of rejection. 25
c. The price bid shall include: 26
1) Mobilization of equipment to Site 27
2) Performance Bond 28
3) Payment Bond 29
4) Maintenance Bond 30
01 70 00 - 4
MOBILIZATION AND REMOBILIZATION
Page 4 of 5
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
5) Remobilization as identified in the Contract Documents 1
6) Demobilization 2
d. No payments will be made for standby, idle time, or lost profits associated this 3
Item. 4
2. Remobilization for suspension of Work not identified in the Contract Documents, 5
as required by City 6
a. Measurement and Payment 7
1) This shall be submitted as a Contract Claim in accordance with Article 10 8
of Section 00 72 00. 9
2) No payments will be made for standby, idle time, or lost profits associated 10
with this Item. 11
1.3 REFERENCES [NOT USED] 12
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 13
1.5 SUBMITTALS [NOT USED] 14
1.6 INFORMATIONAL SUBMITTALS [NOT USED] 15
1.7 CLOSEOUT SUBMITTALS [NOT USED] 16
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 17
1.9 QUALITY ASSURANCE [NOT USED] 18
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 19
1.11 FIELD [SITE] CONDITIONS [NOT USED] 20
1.12 WARRANTY [NOT USED] 21
PART 2 - PRODUCTS [NOT USED] 22
PART 3 - EXECUTION [NOT USED] 23
END OF SECTION 24
25
26
01 70 00 - 5
MOBILIZATION AND REMOBILIZATION
Page 5 of 5
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1
Revision Log
DATE NAME SUMMARY OF CHANGE
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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01 71 23 - 1
CONSTRUCTION STAKING AND SURVEY
Page 1 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 01 71 23 1
CONSTRUCTION STAKING AND SURVEY 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Requirements for construction staking to be provided by the Contractor. 6
2. Requirements for coordination with City to allow performance of as-built survey at 7
the Site. 8
B. Deviations from this City of Denton Standard Specification 9
1. None 10
C. Related Specification Sections include, but are not necessarily limited to: 11
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 12
2. Division 1 – General Requirements 13
1.2 PRICE AND PAYMENT PROCEDURES 14
A. Measurement and Payment 15
1. Construction Staking 16
a. Measurement and Payment 17
1) Work associated with this Item is considered incidental to the various Items 18
bid. No separate payment will be allowed for this Item. 19
2. As-Built Survey 20
a. Measurement and Payment 21
1) Work associated with this Item is considered incidental to the various Items 22
bid. No separate payment will be allowed for this Item. 23
1.3 REFERENCES [NOT USED] 24
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 25
1.5 SUBMITTALS 26
A. Submittals, if required, shall be in accordance with Section 01 33 00. 27
B. All submittals shall be approved by the City prior to delivery. 28
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 29
A. Certificates 30
1. Provide certificate certifying that elevations and locations of improvements are in 31
conformance or non-conformance with requirements of the Contract Documents. 32
a. Certificate must be sealed by a registered professional land surveyor in the 33
State of Texas. 34
B. Field Quality Control Submittals 35
1. Documentation verifying accuracy of field engineering work. 36
1.7 CLOSEOUT SUBMITTALS [NOT USED] 37
01 71 23 - 2
CONSTRUCTION STAKING AND SURVEY
Page 2 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1
1.9 QUALITY ASSURANCE 2
A. Construction Staking 3
1. Construction staking will be performed by the Contractor. 4
2. Coordination 5
a. It is the Contractor’s responsibility to coordinate staking such that construction 6
activities are not delayed or negatively impacted. 7
3. General 8
a. Contractor is responsible for preserving and maintaining staking. 9
b. If in the opinion of the City, a sufficient number of stakes or markings have 10
been lost, destroyed or disturbed, by Contractor’s neglect, such that the 11
contracted Work cannot take place, then the Contractor will be required to re-12
stake the deficient areas. 13
B. As-built Survey 14
1. As-built Survey will be performed by the City. 15
2. Coordination 16
a. Contractor to verify that control data established in the design survey remains 17
intact. 18
b. It is the Contractor’s responsibility to coordinate As-built Survey such that 19
construction activities are not delayed or negatively impacted. 20
c. Contractor shall coordinate construction operations with City sufficiently in 21
advance and make provisions for City to perform as-built survey on various 22
items indicated in Paragraph B.3.b. 23
d. Contractor shall restore or replace all necessary control data damaged during 24
construction operations. 25
1) Contractor shall perform replacements and/or restorations. 26
3. General 27
a. As-built survey will be performed in order to maintain complete and accurate 28
logs of control and survey work as it progresses for Project Records. 29
b. The Contractor will ensure coordination is maintained with the City to allow 30
performance of as-built survey to obtain construction features including, but not 31
limited to, the following: 32
1) All Utility Lines 33
a) Rim and flowline elevations and coordinates for each manhole or 34
junction structure 35
2) Water Lines 36
a) Top of pipe elevations and coordinates for waterlines at the following 37
locations: 38
(1) Every 250 linear feet 39
(2) Horizontal and vertical points of inflection, curvature, etc. (All 40
Fittings) 41
(3) Cathodic protection test stations 42
(4) Sampling stations 43
(5) Meter boxes/vaults (All sizes) 44
(6) Fire lines 45
(7) Fire hydrants and valves 46
(8) Gate valves and Butterfly Valves 47
01 71 23 - 3
CONSTRUCTION STAKING AND SURVEY
Page 3 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
(9) Plugs, stubouts, dead-end lines 1
(10) Air Release valves (Manhole rim and vent pipe) 2
(11) Blow off valves (Manhole rim and valve lid) 3
(12) Pressure plane valves 4
(13) Cleaning wyes 5
(14) Casing pipe (each end) 6
b) Storm Sewer 7
(1) Top of pipe elevations and coordinates at the following locations: 8
(a) Every 250 linear feet 9
(b) Horizontal and vertical points of inflection, curvature, etc. 10
c) Sanitary Sewer 11
(1) Top of pipe elevations and coordinates for sanitary sewer lines at 12
the following locations: 13
(a) Every 250 linear feet 14
(b) Horizontal and vertical points of inflection, curvature, etc. 15
(c) Cleanouts 16
c. As-built survey will be performed in order to maintain complete and accurate 17
logs of control and survey work associated with meeting or exceeding the line 18
and grade required by these Specifications. 19
d. The Contractor will ensure coordination is maintained with the City to allow 20
performance of as-built survey and verify control data including, but not limited 21
to, the following: 22
1) Verification that established benchmarks and control are accurate. 23
2) Use of Benchmarks to furnish and maintain all reference lines and grades 24
for tunneling. 25
3) Use of lines and grades to establish the location of the pipe. 26
4) Submit to the City copies of field notes, if requested, used to establish all 27
lines and grades and allow the City to check guidance system setup prior to 28
beginning each tunneling drive. 29
5) Provide access for the City, when requested, to verify the guidance system 30
and the line and grade of the carrier pipe on a daily basis. 31
6) The Contractor remains fully responsible for the accuracy of the work and 32
the correction of it, as required. 33
7) Monitor line and grade continuously during construction. 34
8) Record deviation with respect to design line and grade once at each pipe 35
joint and submit daily records to City. 36
9) If the installation does not meet the specified tolerances, immediately notify 37
the City and correct the installation in accordance with the Contract 38
Documents. 39
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 40
1.11 FIELD [SITE] CONDITIONS [NOT USED] 41
1.12 WARRANTY [NOT USED] 42
PART 2 - PRODUCTS [NOT USED] 43
44
45
01 71 23 - 4
CONSTRUCTION STAKING AND SURVEY
Page 4 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
PART 3 - EXECUTION 1
3.1 INSTALLERS [NOT USED] 2
3.2 EXAMINATION [NOT USED] 3
3.3 PREPARATION [NOT USED] 4
3.4 APPLICATION 5
3.5 REPAIR / RESTORATION [NOT USED] 6
3.6 RE-INSTALLATION [NOT USED] 7
3.7 FIELD [OR] SITE QUALITY CONTROL 8
A. It is the Contractor’s responsibility to maintain all stakes and control data in accordance 9
with this Specification. 10
B. Do not change or relocate stakes or control data without approval from the City. 11
3.8 SYSTEM STARTUP [NOT USED] 12
3.9 ADJUSTING [NOT USED] 13
3.10 CLEANING [NOT USED] 14
3.11 CLOSEOUT ACTIVITIES [NOT USED] 15
3.12 PROTECTION [NOT USED] 16
3.13 MAINTENANCE [NOT USED] 17
3.14 ATTACHMENTS [NOT USED] 18
END OF SECTION 19
20
Revision Log
DATE NAME SUMMARY OF CHANGE
8/31/2012 D. Johnson
21
01 74 23 - 1
CLEANING
Page 1 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 01 74 23 1
CLEANING 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Intermediate and final cleaning for Work not including special cleaning of closed 6
systems specified elsewhere 7
B. Deviations from this City of Denton Standard Specification 8
1. None. 9
C. Related Specification Sections include, but are not necessarily limited to: 10
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11
2. Division 1 – General Requirements 12
1.2 PRICE AND PAYMENT PROCEDURES 13
A. Measurement and Payment 14
1. Work associated with this Item is considered incidental to the various Items bid. 15
No separate payment will be allowed for this Item. 16
1.3 REFERENCES [NOT USED] 17
1.4 ADMINISTRATIVE REQUIREMENTS 18
A. Scheduling 19
1. Schedule cleaning operations so that dust and other contaminants disturbed by 20
cleaning process will not fall on newly painted surfaces. 21
2. Schedule final cleaning upon completion of Work and immediately prior to final 22
inspection. 23
1.5 SUBMITTALS [NOT USED] 24
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 25
1.7 CLOSEOUT SUBMITTALS [NOT USED] 26
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 27
1.9 QUALITY ASSURANCE [NOT USED] 28
1.10 STORAGE, AND HANDLING 29
A. Storage and Handling Requirements 30
1. Store cleaning products and cleaning wastes in containers specifically designed for 31
those materials. 32
01 74 23 - 2
CLEANING
Page 2 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1.11 FIELD [SITE] CONDITIONS [NOT USED] 1
1.12 WARRANTY [NOT USED] 2
PART 2 - PRODUCTS 3
2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 4
2.2 MATERIALS 5
A. Cleaning Agents 6
1. Compatible with surface being cleaned 7
2. New and uncontaminated 8
3. For manufactured surfaces 9
a. Material recommended by manufacturer 10
2.3 ACCESSORIES [NOT USED] 11
2.4 SOURCE QUALITY CONTROL [NOT USED] 12
PART 3 - EXECUTION 13
3.1 INSTALLERS [NOT USED] 14
3.2 EXAMINATION [NOT USED] 15
3.3 PREPARATION [NOT USED] 16
3.4 APPLICATION [NOT USED] 17
3.5 REPAIR / RESTORATION [NOT USED] 18
3.6 RE-INSTALLATION [NOT USED] 19
3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 20
3.8 SYSTEM STARTUP [NOT USED] 21
3.9 ADJUSTING [NOT USED] 22
3.10 CLEANING 23
A. General 24
1. Prevent accumulation of wastes that create hazardous conditions. 25
2. Conduct cleaning and disposal operations to comply with laws and safety orders of 26
governing authorities. 27
3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 28
storm or sanitary drains or sewers. 29
4. Dispose of degradable debris at an approved solid waste disposal site. 30
5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 31
alternate manner approved by City and regulatory agencies. 32
01 74 23 - 3
CLEANING
Page 3 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
6. Transport and deposit vegetative material removed as a result of work operations 1
off-site at a legal site in accordance with all applicable federal, state, and local laws 2
and regulations. 3
a. Removed vegetation will not be allowed to remain in piles or mounds on the 4
easement or surrounding property. 5
7. Handle materials in a controlled manner with as few handlings as possible. 6
8. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 7
this project. 8
9. Remove all signs of temporary construction and activities incidental to construction 9
of required permanent Work. 10
10. If project is not cleaned to the satisfaction of the City, the City reserves the right to 11
have the cleaning completed at the expense of the Contractor. 12
11. Do not burn on-site. 13
B. Intermediate Cleaning during Construction 14
1. Keep Work areas clean so as not to hinder health, safety or convenience of 15
personnel in existing facility operations. 16
2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 17
3. Confine construction debris daily in strategically located container(s): 18
a. Cover to prevent blowing by wind 19
b. Store debris away from construction or operational activities 20
c. Haul from site at a minimum of once per week 21
4. Vacuum clean interior areas when ready to receive finish painting. 22
a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 23
5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 24
may become airborne or transported by flowing water during the storm. 25
C. Interior Final Cleaning 26
1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other 27
foreign materials from sight-exposed surfaces. 28
2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 29
3. Wash and shine glazing and mirrors. 30
4. Polish glossy surfaces to a clear shine. 31
5. Ventilating systems 32
a. Clean permanent filters and replace disposable filters if units were operated 33
during construction. 34
b. Clean ducts, blowers and coils if units were operated without filters during 35
construction. 36
6. Replace all burned out lamps. 37
7. Broom clean process area floors. 38
8. Mop office and control room floors. 39
D. Exterior (Site or Right of Way) Final Cleaning 40
1. Remove trash and debris containers from site. 41
a. Re-seed areas disturbed by location of trash and debris containers. 42
2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 43
that may hinder or disrupt the flow of traffic along the roadway. 44
01 74 23 - 4
CLEANING
Page 4 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 1
junction boxes and inlets. 2
4. If no longer required for maintenance of erosion facilities, and upon approval by 3
City, remove erosion control from site. 4
5. Clean signs, lights, signals, etc. 5
3.11 CLOSEOUT ACTIVITIES [NOT USED] 6
3.12 PROTECTION [NOT USED] 7
3.13 MAINTENANCE [NOT USED] 8
3.14 ATTACHMENTS [NOT USED] 9
END OF SECTION 10
11
Revision Log
DATE NAME SUMMARY OF CHANGE
12
01 77 19 - 1
CLOSEOUT REQUIREMENTS
Page 1 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 01 77 19 1
CLOSEOUT REQUIREMENTS 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. The procedure for closing out a contract 6
B. Deviations from this City of Denton Standard Specification 7
1. None. 8
C. Related Specification Sections include, but are not necessarily limited to: 9
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10
2. Division 1 – General Requirements 11
1.2 PRICE AND PAYMENT PROCEDURES 12
A. Measurement and Payment 13
1. Work associated with this Item is considered incidental to the various Items bid. 14
No separate payment will be allowed for this Item. 15
1.3 REFERENCES [NOT USED] 16
1.4 ADMINISTRATIVE REQUIREMENTS 17
A. Guarantees, Bonds and Affidavits 18
1. No application for final payment will be accepted until all guarantees, bonds, 19
certificates, licenses and affidavits required for Work or equipment as specified are 20
satisfactorily filed with the City. 21
B. Release of Liens or Claims 22
1. No application for final payment will be accepted until satisfactory evidence of 23
release of liens has been submitted to the City. 24
1.5 SUBMITTALS 25
A. Submit all required documentation to Project Manager. 26
01 77 19 - 2
CLOSEOUT REQUIREMENTS
Page 2 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1
1.7 CLOSEOUT SUBMITTALS [NOT USED] 2
PART 2 - PRODUCTS [NOT USED] 3
PART 3 - EXECUTION 4
3.1 INSTALLERS [NOT USED] 5
3.2 EXAMINATION [NOT USED] 6
3.3 PREPARATION [NOT USED] 7
3.4 CLOSEOUT PROCEDURE 8
A. Prior to requesting Final Inspection, submit: 9
1. Project Record Documents in accordance with Section 01 78 39 10
2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 11
B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 12
01 74 23. 13
C. Final Inspection 14
1. After final cleaning, provide notice to the Project Manager and their duly appointed 15
representative that the Work is completed. 16
a. City reserves the right to deny request for Final Inspection if City determines 17
that the entire Work is not sufficiently complete to warrant a Final Inspection 18
b. The City will make an initial Final Inspection with the Contractor present. 19
c. Upon completion of this inspection, the City will notify the Contractor, in 20
writing within 10 business days, of any particulars in which this inspection 21
reveals that the Work is defective or incomplete. 22
2. Upon receiving written notice from the City, immediately undertake the Work 23
required to remedy deficiencies and complete the Work to the satisfaction of the 24
City. 25
3. Upon completion of Work associated with the items listed in the City's written 26
notice, inform the City, that the required Work has been completed. Upon receipt 27
of this notice, the City, in the presence of the Contractor, will make a subsequent 28
Final Inspection of the project. 29
4. Provide all special accessories required to place each item of equipment in full 30
operation. These special accessory items include, but are not limited to: 31
a. Specified spare parts 32
b. Adequate oil and grease as required for the first lubrication of the equipment 33
c. Initial fill up of all chemical tanks and fuel tanks 34
d. Light bulbs 35
e. Fuses 36
f. Vault keys 37
g. Handwheels 38
h. Other expendable items as required for initial start-up and operation of all 39
equipment 40
01 77 19 - 3
CLOSEOUT REQUIREMENTS
Page 3 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
D. Notice of Project Completion 1
1. Once the City Project Representative finds the Work subsequent to Final Inspection 2
to be satisfactory, the City will issue a Notice of Project Completion. 3
E. Supporting Documentation 4
1. Coordinate with the City Project Representative to complete the following 5
additional forms: 6
a. Final Payment Request 7
b. Statement of Contract Time 8
c. Affidavit of Payment and Release of Liens 9
d. Consent of Surety to Final Payment 10
F. Letter of Final Acceptance 11
1. Upon review and acceptance of Notice of Project Completion and Supporting 12
Documentation, in accordance with General Conditions, City will issue Letter of 13
Final Acceptance and release the Final Payment Request for payment. 14
G. Warranty Inspection for Wastewater Mains 15
1. A second television inspection conforming to the standards laid out in 16
NCTCOG Item 507.5.2 shall be started by the Contractor no sooner than 630 17
calendar days and finished no later than 690 calendar days after the date of 18
acceptance for the project by the City of Denton. 19
2. The second inspection shall include a complete televised inspection of each 20
manhole interior constructed or installed on the project (including cored 21
manholes). 22
a. Should the second inspection indicate repairs that need to be made, these will 23
be performed by the Contractor at no cost to the City. 24
3. Failure of the Contractor to perform the second inspection or to make repairs 25
indicated by the second inspection shall be sufficient grounds for the City to take 26
action through the terms of the Maintenance Bond for the project to perform the 27
second inspection and make any repairs indicated. 28
3.5 REPAIR / RESTORATION [NOT USED] 29
3.6 RE-INSTALLATION [NOT USED] 30
3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 31
3.8 SYSTEM STARTUP [NOT USED] 32
3.9 ADJUSTING [NOT USED] 33
3.10 CLEANING [NOT USED] 34
3.11 CLOSEOUT ACTIVITIES [NOT USED] 35
3.12 PROTECTION [NOT USED] 36
3.13 MAINTENANCE [NOT USED] 37
3.14 ATTACHMENTS [NOT USED] 38
END OF SECTION 39
01 77 19 - 4
CLOSEOUT REQUIREMENTS
Page 4 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
1
Revision Log
DATE NAME SUMMARY OF CHANGE
2
01 78 39 - 1
PROJECT RECORD DOCUMENTS
Page 1 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
SECTION 01 78 39 1
PROJECT RECORD DOCUMENTS 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Work associated with the documenting the project and recording changes to project 6
documents, including: 7
a. Record Drawings 8
B. Deviations from this City of Denton Standard Specification 9
1. None. 10
C. Related Specification Sections include, but are not necessarily limited to: 11
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 12
2. Division 1 – General Requirements 13
1.2 PRICE AND PAYMENT PROCEDURES 14
A. Measurement and Payment 15
1. Work associated with this Item is considered incidental to the various Items bid. 16
No separate payment will be allowed for this Item. 17
1.3 REFERENCES [NOT USED] 18
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 19
1.5 SUBMITTALS 20
A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 21
Project Manager. 22
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 23
1.7 CLOSEOUT SUBMITTALS [NOT USED] 24
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 25
1.9 QUALITY ASSURANCE 26
A. Accuracy of Records 27
1. Thoroughly coordinate changes within the Record Documents, making adequate 28
and proper entries on each page of Specifications and each sheet of Drawings and 29
other Documents where such entry is required to show the change properly. 30
2. Accuracy of records shall be such that future search for items shown in the Contract 31
Documents may rely reasonably on information obtained from the approved Project 32
Record Documents. 33
3. To facilitate accuracy of records, make entries within 24 hours after receipt of 34
information that the change has occurred. 35
01 78 39 - 2
PROJECT RECORD DOCUMENTS
Page 2 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
4. Provide factual information regarding all aspects of the Work, both concealed and 1
visible, to enable future modification of the Work to proceed without lengthy and 2
expensive site measurement, investigation and examination. 3
1.10 STORAGE AND HANDLING 4
A. Storage and Handling Requirements 5
1. Maintain the job set of Record Documents, which shall include the Drawings and 6
the Project Manual, completely protected from deterioration and from loss and 7
damage until completion of the Work and transfer of all recorded data to the final 8
Project Record Documents. 9
2. In the event of loss of recorded data, use means necessary to again secure the data 10
to the City's approval. 11
a. In such case, provide replacements to the standards originally required by the 12
Contract Documents. 13
1.11 FIELD [SITE] CONDITIONS [NOT USED] 14
1.12 WARRANTY [NOT USED] 15
PART 2 - PRODUCTS 16
2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 17
2.2 RECORD DOCUMENTS 18
A. Job set 19
1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 20
charge to the Contractor, 1 complete set of all Documents comprising the Contract. 21
B. Final Record Documents 22
1. At a time nearing the completion of the Work and prior to Final Inspection, provide 23
the City 1 complete set of all Final Record Drawings in the Contract. 24
2.3 ACCESSORIES [NOT USED] 25
2.4 SOURCE QUALITY CONTROL [NOT USED] 26
PART 3 - EXECUTION 27
3.1 INSTALLERS [NOT USED] 28
3.2 EXAMINATION [NOT USED] 29
3.3 PREPARATION [NOT USED] 30
3.4 MAINTENANCE DOCUMENTS 31
A. Maintenance of Job Set 32
1. Immediately upon receipt of the job set, identify each of the Documents with the 33
title, "RECORD DOCUMENTS - JOB SET". The Job set shall include the 34
Drawings and the Project Manual. 35
01 78 39 - 3
PROJECT RECORD DOCUMENTS
Page 3 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
2. Preservation 1
a. Considering the Contract completion time, the probable number of occasions 2
upon which the job set must be taken out for new entries and for examination, 3
and the conditions under which these activities will be performed, devise a 4
suitable method for protecting the job set. 5
b. Do not use the job set for any purpose except entry of new data and for review 6
by the City, until start of transfer of data to final Project Record Documents. 7
c. Maintain the job set at the site of work. 8
3. Coordination with Construction Survey 9
a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, 10
clearly mark any deviations from Contract Documents associated with 11
installation of the infrastructure. 12
4. Making entries on Drawings and Specifications 13
a. Record any deviations from Contract Documents on Drawings and in the 14
Specifications if applicable. 15
b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 16
change by graphic line and note as required. 17
c. Date all entries. 18
d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 19
e. In the event of overlapping changes, use different colors for the overlapping 20
changes. 21
5. Conversion of schematic layouts 22
a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 23
ducts, and similar items, are shown schematically and are not intended to 24
portray precise physical layout. 25
1) Final physical arrangement is determined by the Contractor, subject to the 26
City's approval. 27
2) However, design of future modifications of the facility may require 28
accurate information as to the final physical layout of items which are 29
shown only schematically on the Drawings. 30
b. Show on the job set of Record Drawings, by dimension accurate to within 1 31
inch, the centerline of each run of items. 32
1) Final physical arrangement is determined by the Contractor, subject to the 33
City's approval. 34
2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 35
ceiling plenum", "exposed", and the like). 36
3) Make all identification sufficiently descriptive that it may be related 37
reliably to the Specifications. 38
c. The City may waive the requirements for conversion of schematic layouts 39
where, in the City's judgment, conversion serves no useful purpose. However, 40
do not rely upon waivers being issued except as specifically issued in writing 41
by the City. 42
B. Final Project Record Documents 43
1. Transfer of data to Drawings and Specifications 44
a. Carefully transfer change data shown on the job set of Record Drawings and 45
Project Manual if applicable, to the corresponding final documents, 46
coordinating the changes as required. 47
b. Clearly indicate at each affected detail and other Drawing a full description of 48
changes made during construction, and the actual location of items. 49
01 78 39 - 4
PROJECT RECORD DOCUMENTS
Page 4 of 4
CITY OF DENTON Bid #7239
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055
Revised September 20, 2018
c. Call attention to each entry by drawing a "cloud" around the area or areas 1
affected. 2
d. Make changes neatly, consistently and with the proper media to assure 3
longevity and clear reproduction. 4
2. Transfer of data to other Documents 5
a. If the Documents, other than Drawings, have been kept clean during progress of 6
the Work, and if entries thereon have been orderly to the approval of the City, 7
the job set of those Documents, other than Drawings, will be accepted as final 8
Record Documents. 9
b. If any such Document is not so approved by the City, secure a new copy of that 10
Document from the City at the City's usual charge for reproduction and 11
handling, and carefully transfer the change data to the new copy to the approval 12
of the City. 13
3.5 REPAIR / RESTORATION [NOT USED] 14
3.6 RE-INSTALLATION [NOT USED] 15
3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 16
3.8 SYSTEM STARTUP [NOT USED] 17
3.9 ADJUSTING [NOT USED] 18
3.10 CLEANING [NOT USED] 19
3.11 CLOSEOUT ACTIVITIES [NOT USED] 20
3.12 PROTECTION [NOT USED] 21
3.13 MAINTENANCE [NOT USED] 22
3.14 ATTACHMENTS [NOT USED] 23
END OF SECTION 24
25
Revision Log
DATE NAME SUMMARY OF CHANGE
26