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HomeMy WebLinkAboutIFB 8936 US 380 Street Lighting Improvements Project Manual - SPECSPROJECT MANUAL FOR THE CONSTRUCTION OF US 380 Street Lighting Improvements IFB #8936 Gerard Hudspeth Sara Hensley Mayor City Manager Seth Garcia Director, Capital Projects Prepared for The City of Denton 2025 Prepared by: Texas Registered Engineering Firm F-928 801 Cherry Street, Unit 11, Suite 1300 Fort Worth, Texas 76102 (817) 335-6511 KHA No. 061024062 12/8/2025 Effective January 2021 City of Denton Table of Contents 00 00 00 TABLE OF CONTENTS Page 1 of 2 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS IFB#8936240002-1 Revised November 23, 2020 Effective January 15, 2021 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions 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 Unit Price Bid Form 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 29 76 Stored Materials and Equipment (Materials On Hand) 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 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 23 Operation and Maintenance Data 01 78 39 Project Record Documents 00 00 00 TABLE OF CONTENTS Page 2 of 2 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 TECHNICAL SPECIFICATIONS TxDOT Specifications Item 104 Removing Concrete Item 160 Topsoil Item 162 Sodding for Erosion Control Item 416 Drilled Shaft Foundations Item 500 Mobilization Item 502 Barricades, Signs, and Traffic Handling Item 506 Temporary Erosion, Sedimentation, and Environmental Controls Item 531 Sidewalks Item 618 Conduit Item 620 Electrical Conductors Item 690 Maintenance of Traffic Signals and Illumination “Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges – Adopted by the Texas Department of Transportation September 1, 2024” – Included by Reference. Appendix GC-5.01 Availability of Lands GC-5.03 Subsurface and Physical Conditions END OF SECTION IFB#8936240002-1 00 05 15 ADDENDA Page 1 of 1 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 00 05 15 1 ADDENDA 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 END OF SECTION 23 IFB#8936240002-1 00 11 13 INVITATION TO BIDDERS Page 1 of 1 CITY OF DENTON IFB#8936 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 240002-1 Revised November 23, 2020 Effective January 15, 2021 SECTION 00 11 13 1 INVITATION TO BIDDERS 2 RECEIPT OF BIDS 3 Sealed bids for the construction of US 380 Street Lighting Improvements will be received by 4 the City of Denton Purchasing Office as outlined at 5 http://dentontx.ionwave.net/CurrentSourcingEvents.aspx. 6 7 GENERAL DESCRIPTION OF WORK 8 The major work will consist of the (approximate) following: 9 • Street light installation 10 • Conduit and cable installation 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. The Contract Documents 15 may be downloaded, viewed, and printed by interested contractors and/or suppliers. The 16 contractor is required to fill out the Certificate of Interested Parties Form 1295 and the 17 form must be submitted to the Project Manager before the contract will be presented to the 18 City Council. The form can be obtained at https://www.ethics.state.tx.us/tec/1295-Info.htm . 19 20 PREBID CONFERENCE 21 A prebid conference will be held as described in Section 00 21 13 - INSTRUCTIONS TO 22 BIDDERS at the following location, date, and time outlined in the City’s solicitation website. To 23 view pre-bid invitation log-in to your account at http://dentontx.ionwave.net, and click the 24 ‘Activities’ tab of this solicitation. 25 26 PREBID WALKTHROUGH 27 After the prebid conference, interested parties may reconvene at 2735 W University Dr., Denton, 28 TX 76201, immediately thereafter for a walkthrough of the project site. 29 30 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 31 City reserves the right to waive irregularities and to accept or reject bids. 32 33 FUNDING 34 Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from 35 revenues generated from City of Denton Bonds funds. 36 37 INQUIRIES 38 All inquiries relative to this procurement should be addressed in the City’s solicitations website. 39 To submit and view questions log-in to your account at http://dentontx.ionwave.net, and click the 40 ‘Questions’ tab of this solicitation. 41 42 END OF SECTION 43 00 21 13 INSTRUCTIONS TO BIDDERS Page 1 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 31, 2024 Effective January 31, 2024 1 SECTION 00 21 13 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms4 5 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 6 00 - GENERAL CONDITIONS. 7 8 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided) makes an award. 22 23 1.2.4. Purchasing Agent: City designated representative to assist in solicitation of bids 24 from vendors for City contracts. 25 26 2. Copies of Bidding Documents27 28 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 29 resulting from the Bidders use of incomplete sets of Bidding Documents. 30 31 2.2. City and Engineer in making Bidding Documents available do so only for the purpose of 32 obtaining Bids for the Work and do not authorize or confer a license or grant for any 33 other use. 34 35 3. Minimum Qualifications36 37 3.1. The following minimum requirements must be demonstrated in order for the submission 38 to be considered responsive. The form can be found in Section 00 45 13 – Bidder’s 39 Minimum Qualification Statement. 40 41 3.1.1. Bidder shall provide documentation demonstrating three (3) years minimum 42 experience providing services similar to those indicated in Section 00 11 13 – 43 Invitation to Bidders. 44 45 3.1.2. Bidder shall provide documentation of three (3) references from governmental 46 entities for which Bidder has performed similar services to those indicated in 47 Section 00 11 13 – Invitation to Bidders. 48 IFB#8936240002-1 00 21 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 31, 2024 Effective January 31, 2024 1 3.1.3. Bidder shall fill out provided safety record questionnaire. 2 3 4. Additional Prequalification of Bidders (Prime Contractors and Subcontractors)4 5 4.1.1. Special qualifications required for this project include the following: 6 7 4.1.2. NONE 8 9 5. Examination of Bidding and Contract Documents, Other Related Data, and Site10 11 5.1. Before submitting a Bid, each Bidder shall: 12 13 5.1.1. Examine and carefully study the Contract Documents and other related data 14 identified in the Bidding Documents (including "technical data" referred to in 15 Paragraph 5.2 below). No information given by City or any representative of the 16 City other than that contained in the Contract Documents and officially 17 promulgated addenda thereto, shall be binding upon the City. 18 19 5.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 20 site conditions that may affect cost, progress, performance or furnishing of the 21 Work. 22 23 5.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 24 progress, performance or furnishing of the Work. 25 26 5.1.4. Be advised, City, in accordance with Title VI of the Civil Rights Act of 1964, 78 27 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, 28 Department of Transportation, Subtitle A, Office of the Secretary, Part 21, 29 Nondiscrimination in Federally-assisted programs of the Department of 30 Transportation issued pursuant to such Act, hereby notifies all bidders that it will 31 affirmatively insure that in any contract entered into pursuant to this advertisement, 32 disadvantaged business enterprises will be afforded full opportunity to submit bids 33 in response to this invitation and will not be discriminated against on the grounds of 34 race, color, or national origin in consideration of award. 35 36 5.1.5. Study all: (i) reports of explorations and tests of subsurface conditions at or 37 contiguous to the Site and all drawings of physical conditions relating to existing 38 surface or subsurface structures at the Site (except Underground Facilities) that 39 have been identified in the Contract Documents as containing reliable "technical 40 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 41 at the Site that have been identified in the Contract Documents as containing 42 reliable "technical data." 43 44 IFB#8936240002-1 00 21 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 31, 2024 Effective January 31, 2024 5.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 1 the information which the City will furnish. All additional information and data 2 which the City will supply after promulgation of the formal Contract Documents 3 shall be issued in the form of written addenda and shall become part of the Contract 4 Documents just as though such addenda were actually written into the original 5 Contract Documents. No information given by the City other than that contained in 6 the Contract Documents and officially promulgated addenda thereto, shall be 7 binding upon the City. 8 9 5.1.7. Perform independent research, investigations, tests, borings, and such other means 10 as may be necessary to gain a complete knowledge of the conditions which will be 11 encountered during the construction of the project. On request, City may provide 12 each Bidder access to the site to conduct such examinations, investigations, 13 explorations, tests and studies as each Bidder deems necessary for submission of a 14 Bid. Bidder must fill all holes and clean up and restore the site to its former 15 conditions upon completion of such explorations, investigations, tests and studies. 16 17 5.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 18 cost of doing the Work, time required for its completion, and obtain all information 19 required to make a proposal. Bidders shall rely exclusively and solely upon their 20 own estimates, investigation, research, tests, explorations, and other data which are 21 necessary for full and complete information upon which the proposal is to be based. 22 It is understood that the submission of a proposal is prima-facie evidence that the 23 Bidder has made the investigation, examinations and tests herein required. Claims 24 for additional compensation due to variations between conditions actually 25 encountered in construction and as indicated in the Contract Documents will not be 26 allowed. 27 28 5.1.9. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 29 between the Contract Documents and such other related documents. The Contractor 30 shall not take advantage of any gross error or omission in the Contract Documents, 31 and the City shall be permitted to make such corrections or interpretations as may 32 be deemed necessary for fulfillment of the intent of the Contract Documents. 33 34 5.2. Reference is made to Section 00 73 00 – Supplementary Conditions for identification of: 35 36 5.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 37 the site which have been utilized by City in preparation of the Contract Documents. 38 The logs of Soil Borings, if any, on the plans are for general information only. 39 Neither the City nor the Engineer guarantee that the data shown is representative of 40 conditions which actually exist. 41 42 5.2.2. those drawings of physical conditions in or relating to existing surface and 43 subsurface structures (except Underground Facilities) which are at or contiguous to 44 the site that have been utilized by City in preparation of the Contract Documents. 45 46 IFB#8936240002-1 00 21 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 31, 2024 Effective January 31, 2024 5.2.3. copies of such reports and drawings will be made available by City to any Bidder 1 on request. Those reports and drawings may not be part of the Contract 2 Documents, but the "technical data" contained therein upon which Bidder is entitled 3 to rely as provided in Paragraph 5.03. of the General Conditions has been identified 4 and established in Paragraph SC 5.03 of the Supplementary Conditions. Bidder is 5 responsible for any interpretation or conclusion drawn from any "technical data" or 6 any other data, interpretations, opinions or information. 7 8 5.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 9 that Bidder has complied with every requirement of this Paragraph 5, (ii) that without 10 exception the Bid is premised upon performing and furnishing the Work required by the 11 Contract Documents and applying the specific means, methods, techniques, sequences or 12 procedures of construction (if any) that may be shown or indicated or expressly required 13 by the Contract Documents, (iii) that Bidder has given City written notice of all 14 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 15 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 16 etc., have not been resolved through the interpretations by City as described in 17 Paragraph 7, and (iv) that the Contract Documents are generally sufficient to indicate 18 and convey understanding of all terms and conditions for performing and furnishing the 19 Work. 20 21 5.4. The provisions of this Paragraph 5, inclusive, do not apply to Asbestos, Polychlorinated 22 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 23 Paragraph 5.06. of the General Conditions, unless specifically identified in the Contract 24 Documents. 25 26 5.5. The Bidder acknowledges and agrees to comply with the requirements of City Ethics 27 Ordinance No. 23-1165. 28 29 6. Availability of Lands for Work, Etc.30 31 6.1. The lands upon which the Work is to be performed, rights-of-way and easements for 32 access thereto and other lands designated for use by Contractor in performing the Work 33 are identified in the Contract Documents. All additional lands and access thereto 34 required for temporary construction facilities, construction equipment or storage of 35 materials and equipment to be incorporated in the Work are to be obtained and paid for 36 by Contractor. Easements for permanent structures or permanent changes in existing 37 facilities are to be obtained and paid for by City unless otherwise provided in the 38 Contract Documents. 39 40 6.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 41 in Paragraph SC 5.01 of the Supplementary Conditions. In the event the necessary right-42 of-way, easements, and/or permits are not obtained, the City reserves the right to cancel 43 the award of contract at any time before the Bidder begins any construction work on the 44 project. 45 46 IFB#8936240002-1 00 21 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 31, 2024 Effective January 31, 2024 6.3. The Bidder shall be prepared to commence construction without all executed right-of-1 way, easements, and/or permits, and shall submit a schedule to the City of how 2 construction will proceed in the other areas of the project that do not require permits 3 and/or easements. 4 5 7. Interpretations and Addenda6 7 7.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 8 the City in Ionwave on or before the deadline advertised on this solicitation’s page at 9 http://dentontx.ionwave.net. Questions received after this day WILL NOT be 10 responded to. Interpretations or clarifications considered necessary by City in response 11 to such questions will be issued by Addenda delivered to all parties recorded by City as 12 having received the Bidding Documents or by responding to individual questions via this 13 solicitation’s page at http://dentontx.ionwave.net. Only questions answered by formal 14 written Addenda will be binding. Oral and other interpretations or clarifications will be 15 without legal effect. 16 17 Address questions for this solicitation’s IONWAVE page to the ‘Questions’ tab 18 (dentontx.ionwave.net). 19 20 7.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 21 City. 22 23 7.3. Addenda or clarifications may be posted via the City’s online hosting site, which can be 24 located by visiting and logging-in to the City of Denton’s Purchasing solicitation website 25 at http://dentontx.ionwave.net and clicking on this solicitation’s link. 26 27 7.4. A pre-bid conference may be held at the time and place indicated in the Advertisement or 28 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 29 Project. Bidders are encouraged to attend and participate in the conference. City will 30 transmit to all prospective Bidders of record such Addenda as City considers necessary 31 in response to questions arising at the conference. Oral statements may not be relied 32 upon and will not be binding or legally effective. 33 34 8. Bid Security35 36 8.1. Each Bid for projects over $100,000, must be accompanied by Bid Bond made payable to 37 City in an amount of five (5) percent of Bidder's maximum Bid price on form attached, 38 issued by a surety meeting the requirements of Paragraphs 6.01 of the General 39 Conditions. 40 41 8.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 42 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 43 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 44 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 45 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 46 other Bidders whom City believes to have a reasonable chance of receiving the award 47 will be retained by City until final contract execution. 48 49 IFB#8936240002-1 00 21 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 31, 2024 Effective January 31, 2024 9. Contract Times1 The number of days within which, or the dates by which, Milestones are to be achieved in 2 accordance with the General Requirements and the Work is to be completed and ready for 3 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 4 attached Bid Form. 5 6 10. Liquidated Damages7 Provisions for liquidated damages are set forth in the Agreement. 8 9 11. Substitute and "Or-Equal" Items10 The Contract, if awarded, will be on the basis of materials and equipment described in the 11 Bidding Documents without consideration of possible substitute or "or-equal" items. 12 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or-13 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 14 City, application for such acceptance will not be considered by City until after the Effective 15 Date of the Agreement. The procedure for submission of any such application by Contractor 16 and consideration by City is set forth in Paragraphs 7.06 and 7.07 of the General Conditions 17 and is supplemented in Section 01 25 00 of the General Requirements. 18 19 12. Subcontractors, Suppliers and Others20 21 12.1. No Contractor shall be required to employ any Subcontractor, Supplier, other person 22 or organization against whom Contractor has reasonable objection. 23 24 13. Bid Form25 26 13.1. The Bid Form is included with the Bidding Documents; additional copies may be 27 obtained from the City. 28 29 13.2. All blanks on the Bid Form must be completed and the Bid Form signed. Erasures or 30 alterations shall be initialed by the person signing the Bid Form. A Bid price shall be 31 indicated for each Bid item, alternative, and unit price item listed therein. In the case 32 of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may 33 be entered. Bidder shall state the prices, in both words and numerals, for which the 34 Bidder proposes to do the work contemplated or furnish materials required. If 35 handwritten, all prices shall be written legibly. In case of discrepancy between price 36 in written/typed words and the price in written/typed numerals, the price in 37 written/typed words shall govern. 38 39 13.3. Bids by corporations shall be executed in the corporate name by the president or a 40 vice-president or other corporate officer accompanied by evidence of authority to 41 sign, as provided herein, Section 00 45 43 – Corporate Resolution of Authorized 42 Signatories. The corporate address and state of incorporation shall be shown below 43 the signature. 44 45 13.4. Bids by partnerships shall be executed in the partnership name and signed by a 46 partner, whose title must appear under the signature accompanied by evidence of 47 authority to sign. The official address of the partnership shall be shown below the 48 signature. 49 50 IFB#8936240002-1 00 21 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 31, 2024 Effective January 31, 2024 13.5. Bids by limited liability companies shall be executed in the name of the firm by a 1 member and accompanied by evidence of authority to sign. The state of formation of 2 the firm and the official address of the firm shall be shown. 3 4 13.6. Bids by individuals shall show the Bidder's name and official address. 5 6 13.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated 7 on the Bid Form. The official address of the joint venture shall be shown. 8 9 13.8. All names shall be typed below the signature. 10 11 13.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 12 which shall be filled in on the Bid Form. 13 14 13.10. Postal and e-mail addresses and telephone number for communications regarding the 15 Bid shall be shown. 16 17 13.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 18 Texas shall be provided in accordance with Section 00 43 37 – Vendor Compliance 19 to State Law Non Resident Bidder. 20 21 14. Submission of Bids22 23 14.1. Bids may be submitted electronically or by hard copy. Electronic submittals must be 24 submitted using this solicitation’s page in http://dentontx.ionwave.net. Electronic 25 submittals will not be accepted via email. 26 27 14.2. Hard copies of bid bonds shall be submitted for both electronic and hard copy 28 submissions. Bonds must be submitted in a sealed envelope before the due date and 29 time as indicated in Section 00 11 13 – Invitation to Bidders. 30 31 14.3. Bids shall be submitted on the prescribed Bid Form, provided with the Bidding 32 Documents, at the time and place indicated in the Advertisement or INVITATION 33 TO BIDDERS. 34 35 14.4. Hard copy submittals shall be enclosed in an opaque sealed envelope, marked with 36 the Bid Number, Project Title, the name and address of Bidder, and accompanied by 37 the Bid security and other required documents, as indicated in Section 00 41 00 – Bid 38 Form. If the Bid is sent through the mail or other delivery system, the sealed 39 envelope shall be enclosed in a separate envelope with the notation "BID 40 ENCLOSED" on the face of it. 41 42 14.5. Hard copy submissions shall also include a flash drive, containing a complete copy of 43 the response 44 45 46 47 48 49 50 IFB#8936240002-1 00 21 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 31, 2024 Effective January 31, 2024 14.6. Address Hard copy submissions as follows: 1 2 City of Denton 3 901-B Texas Street4 Denton, TX 762095 Attn: Purchasing Division, IFB#89366 7 15. Modification and Withdrawal of Bids8 9 15.1. Bids addressed to the Purchasing Agent and filed with the Purchasing Division may 10 be withdrawn prior to the time set for bid opening. A request for withdrawal must be 11 made in writing by an appropriate document duly executed in the manner that a Bid 12 must be executed and delivered to the place where Bids are to be submitted at any 13 time prior to the opening of Bids. After all Bids not requested for withdrawal are 14 opened and publicly read aloud, the Bids for which a withdrawal request has been 15 properly filed may, at the option of the City, be returned unopened. 16 17 15.2. Bidders may modify their Bid by electronic communication at any time prior to the 18 time set for the closing of Bid receipt. 19 20 16. Opening of Bids21 22 16.1. Bids will be opened and read aloud publicly at the place where Bids are to be 23 submitted. An abstract of the amounts of the base Bids and major alternates (if any) 24 will be made available to Bidders after the opening of Bids. 25 26 17. Bids to Remain Subject to Acceptance27 28 17.1. All Bids will remain subject to acceptance for the time period specified for Notice of 29 Award and execution and delivery of a complete Agreement by Successful Bidder. 30 City may, at City's sole discretion, release any Bid and nullify the Bid security prior 31 to that date. 32 33 18. Evaluation of Bids and Award of Contract34 35 18.1. City reserves the right to reject any or all Bids, including without limitation the rights 36 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 37 and to reject the Bid of any Bidder if City believes that it would not be in the best 38 interest of the Project to make an award to that Bidder, whether because the Bid is 39 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 40 meet any other pertinent standard or criteria established by City. City also reserves 41 the right to waive informalities not involving price, contract time or changes in the 42 Work with the Successful Bidder. Discrepancies between the multiplication of units 43 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 44 between the indicated sum of any column of figures and the correct sum thereof will 45 be resolved in favor of the correct sum. Discrepancies between words and figures 46 will be resolved in favor of the words. 47 48 18.1.1. The Bid is not signed by a person empowered to bind the Offeror. 49 IFB#8936240002-1 00 21 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 31, 2024 Effective January 31, 2024 18.1.2. The Bid is not accompanied by an acceptable Bid Bond, with Power of Attorney 1 attached. 2 18.1.3. The Bid is submitted by an Offeror that has submitted more than one Bid. 3 18.1.4. There is evidence of collusion between the Offeror submitting the Proposal and 4 one or more other Offerors. 5 18.1.5. The Bidder did not attend or have an authorized agent attend a mandatory Pre-6 Proposal Conference, if applicable. 7 18.1.6. The Bidder is under debarment or suspension by the Owner. 8 18.1.7. The Bidder or a principal of the Bidder is currently debarred or suspended by a 9 Federal, State or local governmental agency. (Applicable for Proposal amounts 10 equal to or in excess of $25,000.00) 11 18.1.8. The Bidder is an interested party to any litigation against City, or City or Offeror 12 may have a claim against the other or be engaged in litigation, or Offeror is in 13 arrears on any existing contract or has defaulted on a previous contract. 14 18.1.9. The Bidder has performed a prior contract in an unsatisfactory manner. 15 18.1.10. The Bidder has uncompleted work which in the judgement of the City will 16 prevent or hinder the prompt completion of additional work if awarded. 17 18.1.11. Incompleteness or an omission, alteration of form, or addition, or the inclusion of 18 a qualification or condition not called for or authorized in the Bid Documents. 19 18.1.12. Ambiguity or lack of clarity in a Bid, in which case the City reserves the right to 20 interpret the Bid in the most advantageous manner for the City, or to reject the 21 Bid. 22 18.1.13. Failure to acknowledge receipt of Addenda. 23 18.1.14. Failure to identify a dollar amount for one or more unit prices required to be 24 provided in the Unit Price Proposal Form. 25 18.1.15. Failure to submit post-bid information within the allotted time(s). 26 18.1.16. Failure to timely execute and deliver the Contract to the City after award. 27 28 18.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 29 other persons and organizations proposed for those portions of the Work as to which 30 the identity of Subcontractors, Suppliers, and other persons and organizations must 31 be submitted as provided in the Contract Documents or upon the request of the City. 32 City also may consider the operating costs, maintenance requirements, performance 33 data and guarantees of major items of materials and equipment proposed for 34 incorporation in the Work when such data is required to be submitted prior to the 35 Notice of Award. 36 37 18.3. City may conduct such investigations as City deems necessary to assist in the 38 evaluation of any Bid and to establish the responsibility, qualifications, and financial 39 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 40 organizations to perform and furnish the Work in accordance with the Contract 41 Documents to City's satisfaction within the prescribed time. 42 43 18.4. Contractor shall perform with his own organization, work of a minimum value as 44 outlined in Section 00 43 36 – Proposed Subcontractors Form, unless otherwise 45 approved by the City. Contractor shall complete and submit Section 00 43 36 – 46 Proposed Subcontractors Form. 47 48 IFB#8936240002-1 00 21 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 31, 2024 Effective January 31, 2024 18.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 1 responsive Bidder whose evaluation by City indicates that the award will be in the 2 best interests of the City. 3 4 18.6. Additional approvals could be required if outside funding is used. 5 6 18.7. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 7 contract to a Nonresident Bidder unless the Nonresident Bidder’s bid is lower than 8 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 9 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 10 comparable contract in the state in which the nonresident’s principal place of 11 business is located. 12 13 18.8. A contract is not awarded until formal City Council authorization. If the Contract is 14 to be awarded, City will award the Contract within 120 days after the day of the Bid 15 opening unless extended in writing. No other act of City or others will constitute 16 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 17 the City. 18 19 18.9. Failure or refusal to comply with the requirements may result in rejection of Bid. 20 21 18.10. Contractor is required to fill out the Certificate of Interested Parties Form 1295 and 22 the form must be submitted to the City Project Manager before the contract will be 23 presented to the City Council. The form can be obtained at 24 https://www.ethics.state.tx.us/tec/1295-Info.htm. 25 26 19. Signing of Agreement27 28 19.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied 29 by the required number of unsigned counterparts of the Agreement. Within 14 days 30 thereafter Contractor shall sign and deliver the required number of counterparts of the 31 Agreement to City with the required Bonds, Certificates of Insurance, and all other 32 required documentation. City shall thereafter deliver one fully signed counterpart to 33 Contractor. 34 35 END OF SECTION 36 IFB#8936240002-1 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 00 35 13 1 CONFLICT OF INTEREST AFFIDAVIT 2 END OF SECTION 3 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 IFB#8936240002-1 00 41 00 BID FORM Page 1 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 31, 2024 Effective January 31, 2024 SECTION 00 41 001 BID FORM2 TO: City of Denton3 c/o: Purchasing Division4 901-B Texas Street5 Denton, Texas 762096 7 FOR:US 380 Street Lighting Improvements8 9 1 Enter Into Agreement10 11 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement12 with City in the form included in the Bidding Documents to perform and furnish all Work as13 specified or indicated in the Contract Documents for the Bid Price and within the Contract Time14 indicated in this Bid and in accordance with the other terms and conditions of the Contract15 Documents.16 17 2 BIDDER Acknowledgements and Certification18 19 2.1 In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION20 TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those21 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 contract23 award, and will provide a valid insurance certificate meeting all requirements within 1424 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 any26 undisclosed individual or entity and is not submitted in conformity with any collusive27 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 false29 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 competing32 for the Contract. For the purposes of this Paragraph:33 a."corrupt practice" means the offering, giving, receiving, or soliciting of anything34 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) to37 influence the bidding process to the detriment of City (b) to establish Bid prices38 at artificial non-competitive levels, or (c) to deprive City of the benefits of free39 and open competition.40 41 c."collusive practice" means a scheme or arrangement between two or more42 Bidders, with or without the knowledge of City, a purpose of which is to43 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 or47 affect the execution of the Contract.48 IFB#8936240002-1 00 41 00 BID FORM Page 2 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 31, 2024 Effective January 31, 2024 1 2.7 The Bidder acknowledges and agrees to comply with the requirements of City Ethics2 Ordinance No. 23-1165.3 4 3 Time of Completion5 6 3.1 The Work will be complete for Final Acceptance within 360 Days after the date when the7 Contract Time commences to run, which is the day indicated in the Notice to Proceed, plus8 any extension thereof allowed in accordance with Article 11 of the General Conditions.9 3.2 Bidder accepts the provisions of the Agreement as to Liquidated Damages in the event of10 failure to obtain Milestones (if applicable) and Final Acceptance within the times specified11 in the Agreement.12 13 4 Attached to this Bid14 15 The following documents are attached to and made a part of this Bid:16 a.Section 00 35 13 – Conflict of Interest Affidavit17 b.Section 00 41 00 – This Bid Form18 c.Section 00 42 43 – Unit Price Proposal Form – Electronic Copy (either included19 in the Bid, or submitted via Ion Wave)20 d.Section 00 42 13 – Required Bid Bond, issued by a surety meeting the requirements21 of Paragraph 6.01 of the General Conditions22 e.Section 00 43 36 – Proposed Subcontractors Form23 f.Section 00 43 37 – Vendor Compliance to State Law Non-Resident Bidder24 g.Section 00 45 13 – Bidders Minimum Qualification Statement25 h.Section 00 45 26 – Contractor Compliance with Workers Compensation Law26 i.Section 00 45 43 – Corporate Resolution of Authorized Signatories27 j.Any additional documents that may be required by Section 00 21 13 – Instructions to28 Bidders29 30 31 IFB#8936240002-1 00 41 00 BID FORM Page 3 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 31, 2024 Effective January 31, 2024 5 Total Bid Amount1 2 Total Bid Amount:$____________________________3 4 6 Bid Submittal5 6 This Bid is submitted on _____________________________, 20___ by the entity named below.7 8 9 Respectfully submitted,10 11 By: ______________________________12 (Signature)13 14 _________________________________15 (Printed Name)16 17 Title: _____________________________18 19 Company: _________________________20 21 Address: __________________________22 ___________________________23 State of Incorporation: _______________24 Email: ____________________________25 Phone: ____________________________26 27 END OF SECTION28 Receipt is acknowledged of the following Addenda: Initial Addenda No. 1: Addenda No. 2: Addenda No. 3: Addenda No. 4: Addenda No. 5: IFB#8936240002-1 To:From: IFB:8936 ENG PMO:240002-1 Item No.Spec. Section No.Description UOM BID QTY Unit Price Extended Price 1 0104 7013 REMOV CONC (SIDEWALK, RAMP OR SUP)220 SY 2 0160 7002 FURN & PLACE TOPSOIL (4")180 SY 3 0162 7002 BLOCK SODDING 180 SY 4 0416 7040 DRILL SHAFT (RDWY ILL POLE) (30 IN)1,512 LF 5 0500 7001 MOBILIZATION 1 LS 6 0502 7001 BARRICADES, SIGNS AND TRAFFIC HANDLING 12 MO 7 0506 7039 TEMP SEDMT CONT FENCE (INSTALL)32,000 LF 8 0506 7041 TEMP SEDMT CONT FENCE (REMOVE)32,000 LF 9 0506 7045 BIODEG EROSN CONT LOGS (INSTL) (18")1,500 LF 10 0506 7046 BIODEG EROSN CONT LOGS (REMOVE)1,500 LF 11 0531 7001 CONC SIDEWALKS (4")220 SY 12 0618 7030 CONDT (PVC) (SCH 40) (2")30,360 LF 13 0618 7031 CONDT (PVC) (SCH 40) (2") (BORE)19,805 LF 14 0620 7009 ELEC CONDR (NO.6) BARE 51,645 LF 15 0690 7064 REMOVAL OF LUMINAIRE HEAD 25 EA 16 0690 7065 REPLACE OF LUMINAIRE HEAD 14 EA 17 0690 7067 REMOVAL OF LUMINAIRE MAST ARMS 25 EA 18 0690 7068 REPLACE OF LUMINAIRE MAST ARMS 14 EA 19 9999 9000 RD IL POLE (RTSU35-9.0-11-RAL7043-18S-6S-BSC1.00-SKT)189 EA 20 9999 9000 RD IL FIXTURE (OPF-M-A10-840-T2M-AR1-240)199 EA 21 9999 9000 RD IL 8' ARM 206 EA 22 9999 9000 RD IL POLE-SAFE-COUPLING 189 EA 23 9999 9000 STREET LIGHT BOX (12 X 12)233 EA 24 9999 9000 EXPLORATORY EXCAVATION OF EXISTING UTILITIES 862 EA 25 9999 9000 SINGLE PHASE SECONDARY PEDESTAL 6 EA 26 9999 9000 ELEC CONDR (NO 6) DUPLEX 53,285 LF 27 9999 9000 FLEXIBLE PAVING REPAIR FOR UTILITY TRENCH 7 SY 28 9999 9000 RD IL FIXTURE (RFM-85W24LED-3K-G2-R2M-UNV-DMG-ML-RCD7-API-GY3) 7 EA -$ US 380 Street Lighting Improvements SECTION 00 42 43 - UNIT PRICE BID FORM US 380 Street Lighting Improvements City of Denton - Capital Projects COMPANY NAME TOTAL PROJECT BID AMOUNT: PROJ.: COMPANY NAME 901-B Texas Street Denton, TX 76209 Erica Garcia/Purchasing Dept. BIDDERS APPLICATION - UNIT PRICE BID STREET ADDRESS CITY, STATE CONTACT PHONE EMAIL 00 43 13 BID BOND Page 1 of 2 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 00 43 131 BID BOND2 3 KNOW ALL BY THESE PRESENTS:4 That we, (Bidder Name)___________________________________________________,5 known as “Principal” herein, and (Surety Name)_____________________________________, a6 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 Texas home-rule municipal corporation8 created pursuant to the laws of Texas, known as “City” herein, in the penal sum of five percent9 (5%) of Bidder’s maximum bid price, in lawful money of the United States, to be paid in Denton,10 Denton County, Texas for the payment of which sum well and truly to be made, we bind11 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,12 firmly by these presents.13 WHEREAS, the Principal has submitted a proposal to perform work for the following14 project designated as15 US 380 Street Lighting Improvements16 NOW, THEREFORE, the condition of this obligation is such that if the City shall17 award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all18 requirements and conditions required for the execution of the Contract and shall enter into the19 Contract in writing with the City in accordance with the terms of such same, then this obligation20 shall be and become null and void. If, however, the Principal fails to execute such Contract in21 accordance with the terms of same or fails to satisfy all requirements and conditions required for22 the execution of the Contract, this bond shall become the property of the City, without recourse of23 the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate24 City for the difference between Principal’s total bid amount and the next selected bidder’s total25 bid amount.26 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in27 the state district court of Denton County, Texas.28 29 IFB#8936240002-1 00 43 13 BID BOND Page 2 of 2 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED1 this instrument by duly authorized agents and officers on this the _______ day of2 ____________________, 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-Fact18 END OF SECTION19 Impressed Surety Seal Only IFB#8936240002-1 00 43 36 PROPOSED SUBCONTRACTORS FORM Page 1 of 1 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 00 43 361 PROPOSED SUBCONTRACTORS FORM2 3 Each Bidder for a City procurement is required to complete the information below by identifying4 the proposed subcontractors whom they intend to utilize and the approximate percentage of the5 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 will11 be utilized for this project at the approximate percentage levels indicated above.12 13 BIDDER:14 15 _____________________________________ By: ___________________________________16 Company (Please Print)17 18 _____________________________________ Signature: ______________________________19 Address20 21 _____________________________________ Title: __________________________________22 City/State/Zip (Please Print)23 24 Date: __________________________________25 26 END OF SECTION27 IFB#8936240002-1 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 00 43 371 VENDOR COMPLIANCE TO STATE LAW NON- RESIDENT BIDDER2 3 Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident4 bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident5 bidders (out-of-state contractors whose corporate offices or principal place of business are outside6 the State of Texas) bid projects for construction, improvements, supplies or services in Texas at7 an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident8 bidder would be required to underbid a nonresident bidder in order to obtain a comparable9 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 your11 bid to meet specifications. The failure of nonresident bidders to do so will automatically12 disqualify that bidder. Resident bidders must check the box in Section B.13 A.Nonresident bidders in the State of ______________________, our principal place of14 business, are required to be ________________ percent lower than resident bidders by State15 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 is19 in the State of Texas.20 21 BIDDER:22 23 _____________________________________ By: ___________________________________24 Company (Please Print)25 26 _____________________________________ Signature: ______________________________27 Address28 29 _____________________________________ Title: __________________________________30 City/State/Zip (Please Print)31 32 Date: __________________________________33 34 END OF SECTION35 36 37 38 39 40 41 42 43 44 IFB#8936240002-1 00 45 13 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 1 of 7 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 00 45 131 BIDDER'S MINIMUM QUALIFICATION STATEMENT2 3 List three (3) Government references,other than the City of Denton, who can verify the quality of service4 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 IFB#8936240002-1 00 45 13 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 2 of 7 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 PROJECT INFORMATION FORM1 2 Detail three (3) of the most recent projects Bidder’s firm has completed providing3 services similar to this project:4 5 Project #16 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 IFB#8936240002-1 00 45 13 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 3 of 7 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 1 PROJECT INFORMATION FORM2 3 4 5 6 Project #27 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 IFB#8936240002-1 00 45 13 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 4 of 7 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 1 PROJECT INFORMATION FORM2 3 4 5 Project #36 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 IFB#8936240002-1 00 45 13 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 5 of 7 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SAFETY RECORD QUESTIONNAIRE1 2 The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local3 Government Code, and consider the safety records of potential contractors prior to award of City4 contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has5 adopted the following written definition and criteria for accurately determining the safety record6 of a respondent prior to awarding City contracts.7 8 The definition and criteria for determining the safety record of a respondent for this consideration9 shall be:10 11 The City of Denton shall consider the safety record of the respondent in determining the12 responsibility thereof. The City may consider any incidence involving worker safety or13 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 City15 may consider, among other things:16 A. Complaints to, or final orders entered by, the Occupational Safety and Health Review17 Commission (OSHRC), against the respondent for violations of OSHA regulations18 within the past three (3) years.19 B. Citations (as defined below) from an Environmental Protection Agency (as defined20 below) for violations within the past five (5) years. Environmental Protection21 Agencies include, but are not necessarily limited to, the U.S. Army Corps of22 Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the23 Environmental Protection Agency (EPA), the Texas Commission on Environmental24 Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC)25 (predecessor to the TCEQ), the Texas Department of Health (TDH), the Texas Parks26 and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB),27 agencies of local governments responsible for enforcing environmental protection or28 worker safety related laws or regulations, and similar regulatory agencies of other29 states of the United States. Citations include notices of violation, notices of30 enforcement, suspension/revocations of state or federal licenses or registrations, fines31 assessed, pending criminal complaints, indictments, or convictions, administrative32 orders, draft orders, final orders, and judicial final judgments.33 C. Convictions of a criminal offense within the past ten (10) years, which resulted in34 bodily harm or death.35 D. Any other safety related matter deemed by the City Council to be material in36 determining the responsibility of the respondent and his or her ability to perform the37 services or goods required by the solicitation documents in a safe environment, both38 for the workers and other employees of respondent and the citizens of the City of39 Denton.40 41 In order to obtain proper information from respondents so that City of Denton may consider the42 safety records of potential contractors prior to awarding bids on City contracts, City of Denton43 requires that respondents answer the following three (3) questions and submit them with their44 submissions:45 46 47 IFB#8936240002-1 00 45 13 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 6 of 7 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 QUESTION ONE1 2 Has the respondent, or the firm, corporation, partnership, or institution represented by the3 respondent, or anyone acting for such firm, corporation, partnership or institution, received4 citations for violations of OSHA within the past three (3) years?5 6 YES NO7 8 If the respondent has indicated YES for question number one above, the respondent must provide9 to City of Denton, with its submission, the following information with respect to each such10 citation:11 12 Date of offense, location of establishment inspected, category of offense, final disposition of13 offense, if any, and penalty assessed.14 15 QUESTION TWO16 17 Has the respondent, or the firm, corporation, partnership, or institution represented by the18 respondent, or anyone acting for such firm, corporation, partnership or institution, received19 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, pending22 criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders,23 and judicial final judgments.24 25 YES NO26 27 If the respondent has indicated YES for question number two above, the respondent must provide28 to City of Denton, with its submission, the following information with respect to each such29 conviction:30 31 Date of offense or occurrence, location where offense occurred, type of offense, final disposition32 of offense, if any, and penalty assessed.33 34 QUESTION THREE35 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 or39 death?40 41 YES NO42 43 If the respondent has indicated YES for question number three above, the respondent must44 provide to City of Denton, with its submission, the following information with respect to each45 such conviction:46 Date of offense, location where offense occurred, type of offense, final disposition of offense, if47 any, and penalty assessed.48 49 IFB#8936240002-1 00 45 13 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 8 of 8 CITY OF DENTON IFB#8936 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 240002-1 Revised November 23, 2020 Effective January 15, 2021 Bidder must provide records, with its submission, supporting the Safety Record Rates for the past 1 5 years listed below: 2 3 Experience Modification Rate (EMR) 4 5 2025: _____________ 6 2024: _____________ 7 2023: _____________ 8 2022: _____________ 9 2021: _____________ Total Recordable Incident Rate (TRIR) 10 11 2025: _____________ 12 2024: _____________ 13 2023: _____________ 14 2022: _____________ 15 2021: _____________ 16 END OF SECTION 17 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 00 45 261 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW2 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it3 provides worker’s compensation insurance coverage for all of its employees employed on US 3804 Street Lighting Improvements Contractor further certifies that, pursuant to Texas Labor Code,5 Section 406.096(b), as amended, it will provide to City its subcontractor’s certificates of6 compliance with worker’s compensation coverage.7 8 CONTRACTOR:9 10 _____________________________________ By: ___________________________________11 Company (Please Print)12 13 _____________________________________ Signature: ______________________________14 Address15 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 appeared25 ___________________________________, known to me to be the person whose name is26 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as27 the act and deed of ____________________________________ for the purposes and28 consideration therein expressed and in the capacity therein stated.29 30 GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____________day of31 _______________________, 20__.32 33 34 __________________________________35 Notary Public in and for the State of Texas36 37 END OF SECTION38 39 IFB#8936240002-1 00 45 43 CORPORATE RESOLUTION AUTHORIZING SIGNATORIES Page 1 of 1 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 00 45 431 CORPORATE RESOLUTION AUTHORIZING SIGNATORIES2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 END OF SECTION23 IFB#8936240002-1 00 52 43 AGREEMENT Page 1 of 7 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 21, 2021 1 SECTION 00 52 432 AGREEMENT – UNIT PRICE BID3 THIS AGREEMENT,authorized on ______________is made by and between the City of Denton,4 a Texas home-rule municipal corporation,acting by and through its duly authorized City Manager,5 (“City”), and ______________________________________________________________,6 authorized to do business in Texas, acting by and through its duly authorized representative,7 (“Contractor”).8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:9 Article 1. WORK10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the11 Project identified herein.12 Article 2. PROJECT13 The project for which the Work under the Contract Documents may be the whole or only a part is14 generally described as follows:15 U.S 380 Street Lighting Imrpovements16 IFB#893617 Article 3. CONTRACT PRICE18 City agrees to pay Contractor for performance of the Work in accordance with the Contract19 Documents an amount, in current funds, of __________________________________Dollars20 ($___________________). At the sole option of the City, five (5) percent contingency in the21 amount of __________________________________Dollars ($___________________) may be22 used for a total not-to-exceed amount of __________________________________Dollars23 ($___________________).24 Article 4. CONTRACT TIME25 4.1 Time is of the essence.26 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract27 Documents are of the essence to this Contract.28 4.2 Final Acceptance.29 The Work will be completed for Final Acceptance within 360 Calendar Days after the date30 when the Contract Time commences to run, which is the day indicated in the Notice to31 Proceed, plus any extension thereof allowed in accordance with Article 11 of the General32 Conditions.33 34 IFB#8936240002-1 00 52 43 AGREEMENT Page 2 of 7 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 21, 2021 4.3 Liquidated Damages:1 A.Contractor recognizes that time is of the essence to achieve Milestones and Final2 Acceptance of the Work, and City will suffer financial and other losses if the Work is3 not completed within the times specified in the Contract Documents. The Contractor4 also recognizes the delays, expense and difficulties involved in proving, in a legal or5 arbitration proceeding, the actual loss suffered by the City if the Work related to the6 Milestones or Final Acceptance is not completed on time. Accordingly, instead of7 requiring any such proof, Contractor agrees that liquidated damages for delay (but not8 as a penalty):9 1.Final Acceptance: If Contractor neglects, refuse, or fails to complete the Work10 within the time (as duly adjusted pursuant to the Contract) specified in Paragraph11 4.2, for completion and readiness for Final Payment, Contractor shall pay City five12 hundred Dollars ($500.00) for each day that expires after such time, until the date13 determined by City as stated in the City-issued Letter of Final Acceptance.14 Article 5. CONTRACT DOCUMENTS15 5.1 CONTENTS:16 17 18 19 20 21 22 23 24 25 26 27 28 29 A.The Contract comprises the entire agreement between City and Contractor concerning the Work and consists of this Agreement and the items set forth below. The Contract Documents consist of all items below other than this Agreement. 1.Attachments to this Agreement:a.Proposal Form1)Bid Form2)Unit Price Proposal Form 3)Vendor Compliance to State Law Non-Resident Offeror4)State and Federal documents (project specific)b.Current Prevailing Wage Rate Table c.Worker’s Compensation Affidavitd.General Conditions.e.Supplementary Conditions. 2.The following located in File 8936 at:30 https://lfpubweb.cityofdenton.com/MaterialsManagement/Browse.aspx?id=19&31 dbid=0&repo=MaterialsManagement&cr=132 a.Specifications described in the Table of Contents of the Project’s Contract33 Documents.34 b.Drawings.35 c.Addenda.36 d.Documentation submitted by Contractor prior to Notice of Award.37 3.The following which shall be issued after the Effective Date and delivered to the City38 within ten (10) days of the Effective Date and before beginning Work:39 a.Payment Bond40 b.Performance Bond41 c.Maintenance Bond42 d.Power of Attorney for the Bonds43 e.Form 1295 – Certificate of Interested Parties (email to purchasing)44 f.Insurance Certificate45 IFB#8936240002-1 00 52 43 AGREEMENT Page 3 of 7 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 21, 2021 4.Specifications specifically made a part of the Contract Documents by attachment or,1 if not attached, as incorporated by reference and described in the Table of Contents2 of the Project’s Contract Documents.3 5.The following which may be delivered or issued after the Effective Date of the4 Agreement and, if issued, become an incorporated part of the Contract Documents:5 a.Notice to Proceed.6 b.Field Orders.7 c.Change Orders.8 d.Letter of Final Acceptance.9 Article 6. INDEMNIFICATION10 6.1 CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD11 HARMLESS AND DEFEND, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS,12 ELECTED AND APPOINTED OFFICIALS, AND EMPLOYEES, FROM AND13 AGAINST ANY AND ALL CLAIMS FOR PERSONAL INJURY OR DEATH,14 ARISING OUT OF, OR ALLEGED TO ARISE OUT OF, RELATED TO OR IN15 CONNECTION WITH THE WORK AND SERVICES TO BE PERFORMED BY THE16 CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS,17 LICENSEES OR INVITEES UNDER THIS CONTRACT. THIS18 INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE19 AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR20 SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN21 PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. THIS22 INDEMNITY PROVISION IS INTENDED TO INCLUDE, WITHOUT23 LIMITATION, INDEMNITY FOR ANY AND ALL COSTS, EXPENSES AND24 LEGAL FEES INCURRED BY THE CITY IN DEFENDING AGAINST SUCH25 CLAIMS AND CAUSES OF ACTIONS.26 27 6.2 CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD28 HARMLESS AND DEFEND, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS,29 ELECTED AND APPOINTED OFFICIALS, AND EMPLOYEES, FROM AND30 AGAINST ANY AND ALL CLAIMS FOR, LOSS OF, DAMAGE TO, OR31 DESTRUCTION OF, PROPERTY OF THE CITY OR OF A THIRD PARTY,32 ARISING OUT OF, OR ALLEGED TO ARISE OUT OF, RELATED TO OR IN33 CONNECTION WITH THE WORK AND SERVICES TO BE PERFORMED BY THE34 CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS,35 LICENSEES OR INVITEES UNDER THIS CONTRACT. THIS36 INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE37 AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR38 SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN39 PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. THIS40 INDEMNITY PROVISION IS INTENDED TO INCLUDE, WITHOUT41 LIMITATION, INDEMNITY FOR ANY AND ALL COSTS, EXPENSES AND42 LEGAL FEES INCURRED BY THE CITY IN DEFENDING AGAINST SUCH43 CLAIMS AND CAUSES OF ACTIONS.44 45 46 IFB#8936240002-1 00 52 43 AGREEMENT Page 4 of 7 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 21, 2021 Article 7. MISCELLANEOUS1 7.1 Capitalized Terms.2 Unless otherwise provided herein, capitalized terms used in this Agreement which are3 defined in Article 1 of the General Conditions will have the meanings indicated in the General4 Conditions.5 7.2 Assignment of Contract.6 This Agreement, including all of the Contract Documents may not be assigned by the7 Contractor without the advance express written consent of the City.8 7.3 Successors and Assigns.9 City and Contractor each binds itself, its partners, successors, assigns and legal10 representatives to the other party hereto, in respect to all covenants, agreements and11 obligations contained in the Contract Documents.12 7.4 Severability.13 Any provision or part of the Contract Documents held to be unconstitutional, void or14 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all15 remaining provisions shall continue to be valid and binding upon City and Contractor.16 7.5 Venue and Waiver of Sovereign Immunity.17 This Agreement, including all of the Contract Documents is performable in the State of18 Texas. Venue shall be in the state district courts of Denton County, Texas. The City’s19 sovereign immunity is waived only to the extent set forth and in accordance with the20 provisions of Subchapter I, Chapter 271 of the Texas Local Government Code or as otherwise21 specifically waived by law. The City does not waive its sovereign immunity to suit in federal22 court.23 7.6 Authority to Sign.24 Contractor hereby certifies that the person signing the Agreement on its behalf is the duly25 authorized signatory of the Contractor.26 7.7 Prohibition on Contracts with Companies Boycotting Israel.27 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government28 Code, the City is prohibited from entering into a contract with a company for goods or29 services unless the contract contains a written verification from the company that it: (1) does30 not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms31 “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section32 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that33 Contractor’s signature provides written verification to the City that Contractor: (1) does not34 boycott Israel; and (2) will not boycott Israel during the term of the contract.35 36 37 38 39 IFB#8936240002-1 00 52 43 AGREEMENT Page 5 of 7 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 21, 2021 7.8 Prohibition on Contracts with Companies Boycotting Certain Energy Companies1 Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government2 Code, City is prohibited from entering into a contract with a company for goods or services3 unless the contract contains written verification from the company that it (1) does not boycott4 energy companies; and (2) will not boycott energy companies during the term of the contract.5 The terms “boycott energy company” and “company” shall have the meanings ascribed to6 those terms in Section 809.001 of the Texas Government Code. By signing this agreement,7 Contractor certifies that Contractor’s signature provides written verification to the City that8 Contractor: (1) does not boycott energy companies; and (2) will not boycott energy9 companies during the term of the agreement. Failure to meet or maintain the requirements10 under this provision will be considered a material breach.11 7.9 Prohibition on Contracts with Companies Boycotting Certain Firearm Entities and Firearm12 Trade Associations.13 Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government14 Code, City is prohibited from entering into a contract with a company for goods or services15 unless the contract contains written verification from the company that it (1) does not have a16 practice, policy, guidance, or directive that discriminates against a firearm entity or firearm17 trade association; and (2) will not discriminate during the term of the contract against a18 firearm entity or firearm trade association. The terms “discriminate against a firearm entity19 or firearm trade association,” “firearm entity” and “firearm trade association” shall have the20 meanings ascribed to those terms in Chapter 2274 of the Texas Government Code.By21 signing this agreement, Contractor certifies that Contractor’s signature provides written22 verification to the City that Contractor: (1) does not have a practice, policy, guidance, or23 directive that discriminates against a firearm entity or firearm trade association; and (2)24 will not discriminate during the term of the contract against a firearm entity or firearm25 trade association.Failure to meet or maintain the requirements under this provision will be26 considered a material breach.27 7.10 Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or a Foreign28 Terrorist Organization29 Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting with30 companies that do business with Iran, Sudan, or a foreign terrorist organization.By signing31 this agreement, Contractor certifies that Contractor’s signature provides written32 verification to the City that Contractor, pursuant to Chapters 2252 and 2270, is not33 ineligible to enter into this agreement and will not become ineligible to receive payments34 under this agreement by doing business with Iran, Sudan, or a foreign terrorist35 organization.Failure to meet or maintain the requirements under this provision will be36 considered a material breach.37 38 39 40 41 42 43 IFB#8936240002-1 00 52 43 AGREEMENT Page 6 of 7 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 21, 2021 7.11 Termination Right for Contracts with Companies Doing Business with Certain Foreign-1 Owned Companies2 The City of Denton may terminate this Contract immediately without any further liability if3 the City of Denton determines, in its sole judgment, that this Contract meets the requirements4 under Chapter 2274, and Contractor is, or will be in the future, (i) owned by or the majority5 of stock or other ownership interest of the company is held or controlled by individuals who6 are citizens of China, Iran, North Korea, Russia, or other designated country (ii) directly7 controlled by the Government of China, Iran, North Korea, Russia, or other designated8 country, or (iii) is headquartered in China, Iran, North Korea, Russia, or other designated9 country.10 7.12 Immigration Nationality Act.11 Contractor shall verify the identity and employment eligibility of its employees who perform12 work under this Agreement, including completing the Employment Eligibility Verification13 Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms14 and supporting eligibility documentation for each employee who performs work under this15 Agreement. Contractor shall adhere to all Federal and State laws as well as establish16 appropriate procedures and controls so that no services will be performed by any Contractor17 employee who is not legally eligible to perform such services.CONTRACTOR SHALL18 INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,19 LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY20 CONTRACTOR, CONTRACTOR’S EMPLOYEES, SUBCONTRACTORS,21 AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right22 to immediately terminate this Agreement for violations of this provision by Contractor.23 7.13 No Third-Party Beneficiaries.24 This Agreement gives no rights or benefits to anyone other than the City and the Contractor25 and there are no third-party beneficiaries.26 7.14 No Cause of Action Against Engineer.27 Contractor, its subcontractors and equipment and materials suppliers on the Project or their28 sureties, shall maintain no direct action against the Engineer, its officers, employees, and29 subcontractors, for any claim arising out of, in connection with, or resulting from the engineering30 services performed. Only the City will be the beneficiary of any undertaking by the Engineer.31 The presence or duties of the Engineer's personnel at a construction site, whether as on-site32 representatives or otherwise, do not make the Engineer or its personnel in any way33 responsible to Contractor or any other entity for those duties that belong to the City, and do34 not relieve Contractor or any other entity of its obligations, duties, and responsibilities,35 including, but not limited to, all construction methods, means, techniques, sequences, and36 procedures necessary for performing, coordinating and completing all portions of the Work37 in accordance with the Contract Documents and any health or safety precautions required by38 such Work. The Engineer and its personnel have no authority to exercise any control over39 any construction contractor or other entity or their employees in connection with their work40 or any health or safety precautions.41 42 SIGNATURE PAGE TO FOLLOW43 44 IFB#8936240002-1 00 52 43 AGREEMENT Page 7 of 7 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 21, 2021 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective1 as of the date subscribed by the City’s City Manager or his designee (“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 37 38 ATTEST:39 LAUREN THODEN, CITY SECRETARY40 41 42 _______________________________________43 44 45 APPROVED AS TO LEGAL FORM:46 MACK REINWAND, CITY ATTORNEY47 48 49 _______________________________________50 CITY OF DENTON BY: ___________________________________ TITLE: _________________________________ DATE: _________________________________ CONTRACTOR [CONTRACTOR’S CORPORATE NAME HERE] BY: ___________________________________ AUTHORIZED AGENT _______________________________________ NAME _______________________________________ TITLE _______________________________________ PHONE NUMBER _______________________________________ EMAIL ADDRESS _______________________________________51 TEXAS ETHICS COMMISSION52 1295 CERTIFICATE NUMBER53 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT IFB#8936240002-1 00 61 13 - 1 PERFORMANCE BOND Page 1 of 2 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 SECTION 00 61 131 PERFORMANCE BOND2 3 THE STATE OF TEXAS §4 §KNOW ALL BY THESE PRESENTS:5 COUNTY OF DENTON §6 That we, _______________________________________________, known as “Principal”7 herein and ____________________________________________, a corporate surety(sureties, if8 more than one) duly authorized to do business in the State of Texas, known as “Surety” herein9 (whether one or more), are held and firmly bound unto the City of Denton, a municipal corporation10 created pursuant to the laws of Texas, known as “City” herein, in the penal sum of,11 ___________________________________________ Dollars ($_______________________),12 lawful money of the United States, to be paid in Denton, Denton County, Texas for the payment of13 which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,14 successors and assigns, jointly and severally, firmly by these presents.15 WHEREAS, the Principal has entered into a certain written contract with the City awarded16 the _____ day of ________________, 20____, which Contract is hereby referred to and made a17 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and18 other accessories defined by law, in the prosecution of the Work, including any Change Orders, as19 provided for in said Contract designated as US 380 Street Lighting Improvements.20 NOW, THEREFORE, the condition of this obligation is such that if the said Principal21 shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully22 perform the Work, including Change Orders, under the Contract, according to the plans,23 specifications, and contract documents therein referred to, and as well during any period of24 extension of the Contract that may be granted on the part of the City, then this obligation shall be25 and become null and void, otherwise to remain in full force and effect.26 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in27 Denton County, Texas or the United States District Court for the Eastern District of Texas, Sherman28 Division.29 This bond is made and executed in compliance with the provisions of Chapter 2253 of the30 Texas Government Code, as amended, and all liabilities on this bond shall be determined in31 accordance with the provisions of said statue.32 IFB#8936240002-1 00 61 13 - 2 PERFORMANCE BOND Page 2 of 2 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this1 instrument by duly authorized agents and officers on this the ______day of ____________, 202 .3 PRINCIPAL:4 ____________________________________5 ____________________________________6 7 BY: ________________________________8 Signature9 ATTEST:10 11 ______________________________ ____________________________________12 (Principal) Secretary Name and Title13 14 Address: ____________________________15 ____________________________16 ____________________________17 _____________________________18 Witness as to Principal19 SURETY:20 ____________________________________21 ____________________________________22 23 BY: ________________________________24 Signature25 26 ____________________________________27 Name and Title28 29 Address: ____________________________30 ____________________________31 ____________________________32 _____________________________33 Witness as to Surety Telephone Number: ___________________34 35 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract38 from the by-laws showing that this person has authority to sign such obligation. If39 Surety’s physical address is different from its mailing address, both must be provided.40 The date of the bond shall not be prior to the date the Contract is awarded.41 42 IFB#8936240002-1 00 61 14 - 1 PAYMENT BOND Page 1 of 2 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 SECTION 00 61 141 PAYMENT BOND2 3 THE STATE OF TEXAS §4 §KNOW ALL BY THESE PRESENTS:5 COUNTY OF DENTON §6 That we, _____________________________________________________, known as7 “Principal” herein, and _________________________________________________________, a8 corporate surety (sureties), duly authorized to do business in the State of Texas, known as “Surety”9 herein (whether one or more), are held and firmly bound unto the City of Denton, a municipal10 corporation created pursuant to the laws of the State of Texas, known as “City” herein, in the penal11 sum of___________________________________________Dollars12 ($_______________________), lawful money of the United States, to be paid in Denton, Denton13 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs,14 executors, administrators, successors and assigns, jointly and severally, firmly by these presents:15 WHEREAS, Principal has entered into a certain written Contract with City, awarded the16 _____ day of ______________________, 20_____, which Contract is hereby referred to and made17 a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor18 and other accessories as defined by law, in the prosecution of the Work as provided for in said19 Contract and designated as US 380 Street Lighting Improvements.20 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if21 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in22 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under23 the Contract, then this obligation shall be and become null and void; otherwise to remain in full24 force and effect.25 This bond is made and executed in compliance with the provisions of Chapter 2253 of the26 Texas Government Code, as amended, and all liabilities on this bond shall be determined in27 accordance with the provisions of said statute.28 29 IFB#8936240002-1 00 61 14 - 2 PAYMENT BOND Page 2 of 2 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED1 this instrument by duly authorized agents and officers on this the _________ day of2 ___________________, 20_____.3 4 PRINCIPAL: _________________________________ _________________________________ ATTEST:BY: _____________________________ Signature ________________________________________________________________ (Principal) Secretary Name and Title Address: _________________________ _________________________ ____________________________________________________________ Witness as to Principal SURETY: _________________________________ _________________________________ ATTEST:BY: _____________________________ Signature _______________________________________________________________ (Surety) Secretary Name and Title Address: _________________________ _________________________ ___________________________________________________________ Witness as to Surety Telephone Number: ________________ 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws6 showing that this person has authority to sign such obligation. If Surety’s physical address is7 different from its mailing address, both must be provided.8 9 THE DATE OF THE BOND SHALL NOT BE PRIOR10 TO THE DATE THE CONTRACT IS AWARDED.11 END OF SECTION12 13 IFB#8936240002-1 00 61 19 - 1 MAINTENANCE BOND Page 1 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 SECTION 00 61 191 MAINTENANCE BOND2 3 THE STATE OF TEXAS §4 §KNOW ALL BY THESE PRESENTS:5 COUNTY OF TARRANT §6 That we_____________________________________________________, known as7 “Principal” herein and ____________________________________________, a corporate surety8 (sureties, if more than one) duly authorized to do business in the State of Texas, known as9 “Surety” herein (whether one or more), are held and firmly bound unto the City of Denton, a10 municipal corporation created pursuant to the laws of the State of Texas, known as “City” herein,11 in the sum of_________________________________________ Dollars12 ($_______________________), lawful money of the United States, to be paid in Denton, Denton13 County, Texas, for payment of which sum well and truly be made unto the City and its14 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly15 and severally, firmly by these presents.16 17 WHEREAS, the Principal has entered into a certain written contract with the City awarded18 the_____ day of , 20 , which Contract is hereby19 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all20 materials, equipment labor and other accessories as defined by law, in the prosecution of the21 Work, including any Work resulting from a duly authorized Change Order (collectively herein,22 the “Work”) as provided for in said contract and designated as US 380 Street Lighting23 Improvements; and24 25 WHEREAS, Principal binds itself to use such materials and to so construct the Work in26 accordance with the plans, specifications and Contract Documents that the Work is and will27 remain free from defects in materials or workmanship for and during the period of two (2) years28 after the date of Final Acceptance of the Work by the City (“Maintenance Period”); and29 30 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part31 upon receiving notice from the City of the need therefor at any time within the Maintenance32 Period.33 34 IFB#8936240002-1 00 61 19 - 2 MAINTENANCE BOND Page 2 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 NOW THEREFORE, the condition of this obligation is such that if Principal shall1 remedy any defective Work, for which timely notice was provided by City, to a completion2 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in3 full force and effect.4 5 PROVIDED, HOWEVER,if Principal shall fail so to repair or reconstruct any timely6 noticed defective Work, it is agreed that the City may cause any and all such defective Work to7 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and8 the Surety under this Maintenance bond; and9 10 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in11 Denton County, Texas or the United States District Court for the Eastern District of Texas,12 Sherman Division; and13 14 PROVIDED FURTHER, that this obligation shall be continuous in nature and15 successive recoveries may be had hereon for successive breaches.16 17 18 19 IFB#8936240002-1 00 61 19 - 3 MAINTENANCE BOND Page 3 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this1 instrument by duly authorized agents and officers on this the day of2 , 20 __.3 4 PRINCIPAL:5 ____________________________________6 ____________________________________7 8 BY: ________________________________9 Signature10 ATTEST:11 12 ______________________________ ____________________________________13 (Principal) Secretary Name and Title14 15 Address: ____________________________16 ____________________________17 ____________________________18 _____________________________19 Witness as to Principal20 SURETY:21 ____________________________________22 ____________________________________23 24 BY: ________________________________25 Signature26 27 ____________________________________28 ATTEST:Name and Title29 30 _____________________________Address: ____________________________31 (Surety) Secretary ____________________________32 ____________________________33 _____________________________34 Witness as to Surety Telephone Number: ___________________35 36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract37 from the by-laws showing that this person has authority to sign such obligation. If38 Surety’s physical address is different from its mailing address, both must be provided.39 The date of the bond shall not be prior to the date the Contract is awarded.40 41 IFB#8936240002-1 00 61 25 CERTIFICATE OF INSURANCE Page 1 of 1 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 00 61 251 CERTIFICATE OF INSURANCE2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 END OF SECTION23 IFB#8936240002-1 00 72 00 GENERAL CONDITIONS Page i of vi CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 00 72 00 GENERAL CONDITIONS Page ii of vi CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 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 Delivery of Performance and Payment Bonds; Evidence of Insurance ........................................ 7 2.02 Copies of Documents .................................................................................................................... 7 2.03 Before Starting Construction ........................................................................................................ 7 2.04 Preconstruction ConferenceMeeting ............................................................................................. 7 2.05 Public Meeting .............................................................................................................................. 7 2.06 Initial Acceptance of Schedules .................................................................................................... 8 2.07 Electronic Submittals and Transmittals ........................................................................................ 8 ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE ............................... 8 3.01 Intent ............................................................................................................................................. 8 3.02 Reference Standards ...................................................................................................................... 8 3.03 Reporting and Resolving Discrepancies ....................................................................................... 9 3.04 Requirements of the Contract Documents .................................................................................. 10 3.05 Reuse of Documents ................................................................................................................... 10 ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK................................................ 10 4.01 Commencement of Contract Time; Notice to Proceed ............................................................... 10 4.02 Starting the Work ........................................................................................................................ 10 4.03 Delays in Contractor’s Progress .................................................................................................. 10 ARTICLE 5 – SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS......................................................................................................... 12 5.01 Availability of Lands .................................................................................................................. 12 5.02 Use of Site and Other Areas ........................................................................................................ 13 5.03 Subsurface and Physical Conditions ........................................................................................... 14 5.04 Differing Subsurface or Physical Conditions .............................................................................. 15 5.05 Underground Facilities ................................................................................................................ 15 5.06 Hazardous Environmental Conditions at Site ............................................................................. 16 00 72 00 GENERAL CONDITIONS Page iii of vi CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 ARTICLE 6 – BONDS AND INSURANCE .............................................................................................. 18 6.01 Licensed Sureties and Insurers .................................................................................................... 18 6.02 Performance, Payment, and Maintenance Bonds ........................................................................ 18 6.03 Certificates of Insurance ............................................................................................................. 18 6.04 Contractor’s Insurance ................................................................................................................ 20 6.05 Acceptance of Bonds and Insurance; Option to Replace ............................................................ 21 ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES .......................................................................... 21 7.01 Contractor’s Means and Methods of Construction ..................................................................... 21 7.02 Supervision and Superintendence ............................................................................................... 22 7.03 Labor; Working Hours ................................................................................................................ 22 7.04 Services, Materials, and Equipment ............................................................................................ 22 7.05 Project Schedule .......................................................................................................................... 23 7.06 “Or Equals” ................................................................................................................................. 23 7.07 Substitutions ................................................................................................................................ 24 7.08 Concerning Subcontractors and Suppliers .................................................................................. 26 7.09 Wage Rates ................................................................................................................................. 27 7.10 Patent Fees and Royalties ........................................................................................................... 28 7.11 Permits and Utilities .................................................................................................................... 28 7.12 Taxes ........................................................................................................................................... 29 7.13 Laws and Regulations ................................................................................................................. 29 7.14 Record Documents ...................................................................................................................... 30 7.15 Safety and Protection .................................................................................................................. 30 7.16 Hazard Communication Programs .............................................................................................. 31 7.17 Emergencies and/or Rectification ............................................................................................... 31 7.18 Submittals ................................................................................................................................... 32 7.19 Continuing the Work ................................................................................................................... 33 7.20 Contractor’s General Warranty and Guarantee ........................................................................... 33 7.21 Indemnification ........................................................................................................................... 34 7.22 Delegation of Professional Design Services ............................................................................... 34 7.23 Right to Audit ............................................................................................................................. 35 7.24 Nondiscrimination ....................................................................................................................... 36 ARTICLE 8 – OTHER WORK AT THE SITE .......................................................................................... 36 8.01 Other Work ................................................................................................................................. 36 8.02 Coordination ............................................................................................................................... 37 00 72 00 GENERAL CONDITIONS Page iv of vi CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 8.03 Legal Relationships ..................................................................................................................... 37 ARTICLE 9 – CITY’S RESPONSIBILITIES ............................................................................................ 37 9.01 Communications to Contractor ................................................................................................... 37 9.02 Furnish Data ................................................................................................................................ 38 9.03 Pay When Due ............................................................................................................................ 38 9.04 Lands and Easements; Reports, Tests, and Drawings ................................................................. 38 9.05 Change Orders ............................................................................................................................ 38 9.06 Inspections, Tests, and Approvals ............................................................................................... 38 9.07 Limitations on City’s Responsibilities ........................................................................................ 38 9.08 Undisclosed Hazardous Environmental Condition ..................................................................... 38 9.09 Compliance with Safety Program ............................................................................................... 38 ARTICLE 10 – CITY’S OBSERVATION DURING CONSTRUCTION ................................................ 38 10.01 City’s Project Manager or Duly Authorized Representative .................................................. 38 10.02 Visits to Site ............................................................................................................................ 39 10.03 Determinations for Work Performed ...................................................................................... 39 10.04 Decisions on Requirements of Contract Documents and Acceptability of Work ................... 39 ARTICLE 11 – CHANGES IN THE WORK; CLAIMS; EXTRA WORK ............................................... 39 11.01 Amending and Supplementing the Contract ........................................................................... 39 11.02 Execution of Change Orders ................................................................................................... 40 11.03 Field Orders ............................................................................................................................ 40 11.04 Authorized Changes in the Work – Extra Work ..................................................................... 40 11.05 Unauthorized Changes in the Work ........................................................................................ 40 11.06 Dispute of Extra Work ............................................................................................................ 40 11.07 Contract Claims Process ......................................................................................................... 41 11.08 Change of Contract Price ........................................................................................................ 42 11.09 Change of Contract Time ........................................................................................................ 43 11.10 Notification to Surety .............................................................................................................. 43 ARTICLE 12 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT ...................................................................................................................................... 43 12.01 Cost of the Work ..................................................................................................................... 43 12.02 Allowances .............................................................................................................................. 46 12.03 Unit Price Work ...................................................................................................................... 46 12.04 Plans Quantity Measurement for Unclassified Excavation or Embankment .......................... 47 00 72 00 GENERAL CONDITIONS Page v of vi CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK .................................................................................................................................. 48 13.01 Access to Work ....................................................................................................................... 48 13.02 Tests, Inspections .................................................................................................................... 48 13.03 Defective Work ....................................................................................................................... 49 13.04 Rejecting Defective Work ....................................................................................................... 50 13.05 Acceptance of Defective Work ............................................................................................... 50 13.06 Uncovering Work .................................................................................................................... 50 13.07 City May Stop the Work ......................................................................................................... 50 13.08 City May Correct Defective Work .......................................................................................... 51 ARTICLE 14 – PAYMENTS TO CONTRACTOR; COMPLETION; CORRECTION PERIOD ............ 51 14.01 Progress Payments .................................................................................................................. 51 14.02 Contractor’s Warranty of Title ................................................................................................ 54 14.03 Partial Utilization .................................................................................................................... 54 14.04 Final Inspection ....................................................................................................................... 55 14.05 Final Acceptance ..................................................................................................................... 55 14.06 Final Payment ......................................................................................................................... 55 14.07 Final Completion Delayed and Partial Retainage Release ...................................................... 56 14.08 Waiver of Claims .................................................................................................................... 56 14.09 Correction Period .................................................................................................................... 56 ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION ......................................................... 57 15.01 City May Suspend Work ......................................................................................................... 57 15.02 City May Terminate for Cause ................................................................................................ 58 15.03 City May Terminate for Convenience..................................................................................... 59 ARTICLE 16 – FINAL RESOLUTION OF DISPUTES ........................................................................... 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 Limitation of Damages ............................................................................................................ 62 17.05 No Waiver ............................................................................................................................... 62 17.06 Survival of Obligations ........................................................................................................... 62 17.07 Assignment of Contract .......................................................................................................... 63 00 72 00 GENERAL CONDITIONS Page vi of vi CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 17.08 Successors and Assigns ........................................................................................................... 63 17.09 Headings ................................................................................................................................. 63 00 72 00 GENERAL CONDITIONS Page 1 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract 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. 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 titled “Agreement”, “Agreement – CSP”, or “Agreement – Unit Price Bid” executed by the City and Contractor for the Work, setting forth the name of the Project, Contract Price, Contract Time and the items included in the Contract. 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. 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. The term “Bid” shall be defined to include the term “Proposal” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid. 7. Bidder—The individual or entity that submits a Bid directly to City. The term “Bidder” shall be defined to include the terms “Proposer” or “Offeror” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). The term “Bidding Documents” shall be defined to include the terms “Proposal Documents” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid. 9. Bidding Requirements—The Advertisement or Invitation to Bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. The term “Bidding Requirements” shall be defined to include the terms “Proposal Requirements” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid and will include the Request for Proposal or Invitation to Offerors, Instructions to Offerors, Offerors Bond or other Proposal security, if any, the Proposal Form, and the Proposal with any attachments. 00 72 00 GENERAL CONDITIONS Page 2 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 10. Business Day—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. 12. Change Order—A document which is prepared by the Contractor or City, approved by the City, and signed by Contractor and City, authorizing 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 or her designee. 14. City Attorney—The officially appointed City Attorney of the City of Denton or his or her designee. 15. City Council—The duly elected and qualified governing body of the City of Denton. 16. City Manager—The officially appointed authorized City Manager of the City of Denton. 17. Contract—The entire and integrated set of written instruments between the City and Contractor concerning the Work comprised of the Agreement and all Contract Documents, which written instruments supersede all prior negotiations, representations, or agreements, whether written or oral, concerning the Work. 18. 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. 19. Contract Documents—Those items so designated as “Contract Documents.” in the Agreement at Paragraph 5.1.A. 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 12.03 in the case of Unit Price Work). The Contract Price does not include any “Incentive”, if applicable. 21. Contract Time—The number of days or the dates stated in the Agreement to: (a) achieve Milestones, if any and (bb) 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 12.01 of these General Conditions for definition. 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—The part of the Contract Documents prepared or approved by an Engineer that graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals, as defined, are not considered Drawings as so defined here. 00 72 00 GENERAL CONDITIONS Page 3 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 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 City. 28. Electronic Document—Any Project-related correspondence, attachments to correspondence, text, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 29. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by the Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 30. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 31. Extra Work—Additional work made necessary by City-approved changes or alterations to the Contract Documents. Extra Work shall be part of the Work. 32. Field Order—A written directive issued by City that requires changes in the Work but does not involve a change to the Contract Price, Contract Time, or Drawings, Plan, or Shop Drawings. 33. 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. 34. Final Inspection—The inspection performed by the City to determine whether the Contractor has completed each and every part or appurtenance of the Work fully, entirely, and in conformance with the Contract Documents. 35. General Requirements—Sections of The information set forth in “Division 101 – General Requirements” of the Standard Construction Specification Documents. 36. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs , Petroleum, Hazardous Waste, Radioactive Material, or any other substance, product, waste or materials, in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 37. Hazardous Waste—Any solid waste listed as hazardous or which possesses one or more hazardous characteristics as defined in applicable Laws and Regulations. 38. Incidental or 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. 39. Laws and Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction over the Site or any portion or part of the Work to be performed. 00 72 00 GENERAL CONDITIONS Page 4 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 40. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 41. 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. 42. Milestone—A principal event specified in the Contract Documents relating to the performance of an identified portion of the Work by an intermediate Contract Time prior to Final Acceptance of the Work. 43. 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 in such notice, City will sign and deliver the Agreement. 44. 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. 45. PCBs—Polychlorinated biphenyls. 46. 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), and including but not limited to oil, fuel oil, oil sludge, oil refuse, gasoline, diesel fuel, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 47. Plans—This term will have the same definition of as “Drawings”. 48. Project —The Work to be performed under the Contract. 49. Project Manager—The authorized representative of the City who will be assigned to the Project. 50. Project Manual—The documentary information prepared for bidding or proposing and furnishing the Work. 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising Contractor’s plan to achieve each Milestone and accomplish the Work within the Contract Time. 52. 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. 53. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that 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 toto 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. 00 72 00 GENERAL CONDITIONS Page 5 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 56.Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 57.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. 58.Specifications or Technical Specifications —The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 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 (Section 00 00 00) of the Project. 59.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. 60.Submittal—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 the City to illustrate some portion of the Work. 61.Subsidiary or subsidiary—These terms will have the same definition as “Incidental. or incidental”. 62.Successful Bidder—The Bidder to whom City issues a Notice of Award. The term “Bidder” shall be defined to include the terms “Proposer” or “Offeror” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid and is the Proposer or Offeror submitting the proposal or offer that provides the best value to the City and to whom the City issues a Notice of Award. 63.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. 64.Supplementary Conditions—The part of the Contract set forth at Division 00 73 00 that amends or supplements these General Conditions. 65.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 a Subcontractor. 66.Underground Facilities—All underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 67.Unit Price Work—Work for which the Contract Price is determined by multiplying the unit price for the item by the estimated quantity of the item. 00 72 00 GENERAL CONDITIONS Page 6 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 68. Weekend Working Hours—Those hours between 8:00 a.m. and 8:30 p.m. on Saturday, and between 1:00 p.m. and 8:30 p.m. on Sunday or on a federal or state holiday observed by the City, as approved in advance by the City for performing Work. 69. 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. 70. Working Day—Defined as a Business Day but excluding any days that weather or other conditions beyond the reasonable control of the Contractor prevents the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7:00 a.m. and 8:00 p.m. 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract, have the indicated meaning. B. Intent of Certain Terms or Adjectives: The Contract includes 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 judgment, action, or determination will be 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). C. Defective: The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: 1. does not conform to the Contract Documents; or 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or 3. has been damaged prior to City’s written notice of Final Acceptance. D. Furnish, Install, Perform, Provide 1. The word “furnish,” when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, means to execute, carry out, furnish and install said services, materials, or equipment complete and ready for intended use. 00 72 00 GENERAL CONDITIONS Page 7 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. E. Unless stated otherwise in the Contract, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to City, Contractor shall also deliver to City the performance bond , payment bond and maintenance bond that comply with the provisions of Chapter 2253 of the Texas Government Code. Work will not be allowed to begin until the performance and payment bonds have been provided by the Contractor to the City. B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to City, Contractor shall also deliver to City, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6. Work will not be allowed to begin until the evidence of insurance has been provided by the Contractor to the City. 2.02 Copies of Documents A. City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract, and three (3) additional copies of the Drawings. Additional printed copies will be furnished upon request at the cost of reproduction. 2.03 Before Starting Construction Baseline starting Work, Contractor shall submit for review by City the following in accordance with the Contract Documents: A. Baseline Schedules in accordance with General Requirements, Section 01 32 16. B. Preliminary Schedule of Submittals. C. Preliminary Schedule of Values: For lump sum contracts, a Schedule of Values for all of the Work that includes quantities and prices of items that when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Meeting A. Before any Work at the Site is started, the Contractor shall attend a Preconstruction Meeting as specified in Section 01 31 19. 2.05 Public Meeting A. Contractor may not mobilize any equipment, materials, or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 00 72 00 GENERAL CONDITIONS Page 8 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 2.06 Initial Acceptance of Schedules A. No progress payment shall be made to Contractor until acceptable Project Schedules are submitted to City in accordance with the Contract Documents. 2.07 Electronic Submittals and Transmittals A. Except as otherwise stated elsewhere in the Contract, the City and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means. B. If the Contract does not establish protocols for Electronic Means, then City and Contractor shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long- term compatibility, usability, or readability of the Electronic Documents 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 Electronic Documents. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all. B. It is the intent of the Contract to describe a functionally complete Project 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. City will issue clarifications and interpretations of the Contract Documents as provided herein. D. The Specifications may vary in form, forma and style. Some Specification sections may be written in varying degrees of streamlined or declarative style, and some sections may be 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 or Damage 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 cross-referencing is provided in each section or whether the cross-referencing is complete or accurate. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 00 72 00 GENERAL CONDITIONS Page 9 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, 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, reference standard, or code, and no instruction of a Supplier, will 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, elected or appointed officials, 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 Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements, and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy that 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: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) 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 7.1717) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by City, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 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 take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier; or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 00 72 00 GENERAL CONDITIONS Page 10 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 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 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor shall submit to the City in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. City will be the interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work. B. City will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. City’s written clarification, interpretation, or decision will be final and binding on Contractor, unless Contractor appeals by filing a Contract Claim. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers 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 or its consultants, including electronic media versions, or 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 verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without City’s express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Time; Notice to Proceed A. 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 Contract. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work may be done at the Site prior to the date on which the Contract Time commences to run. 4.03 Delays in Contractor’s Progress A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, 00 72 00 GENERAL CONDITIONS Page 11 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 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. The City shall be liable only to the extent allowed by the provisions of the Contract and as allowed by Subchapter I, Chapter 271 of the Texas Local Government Code. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. 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, that the Contract specifies is to be furnished by the City. D. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of City, Contractor, and those for whom they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Time. Such an adjustment will be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this Paragraph 4.03. D. The Contractor is responsible for the prompt submission of a request for an adjustment to the Contract Time under this Paragraph to the City. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Time under this Paragraph include but are not limited to the following: 1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. Abnormal weather conditions; 3. Acts or failures to act of third-party utility owners or other third-party entities (other than those third-party utility owners or other third-party entities performing other work at or adjacent to the Site as arranged by or under contract with City, as contemplated in Article 8); and 4. Acts of war or terrorism. E. Contractor’s entitlement to an adjustment of Contract Time or Contract Price is limited as follows: 1. Contractor’s entitlement to an adjustment of the Contract Time is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference. 2. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Time to which Contractor is otherwise entitled. 3. Adjustments of Contract Time or Contract Price are subject to the provisions of Article 11. F. Each Contractor request or Change Order seeking an increase in Contract Time or Contract Price must be supplemented by supporting data that sets forth in detail the following: 00 72 00 GENERAL CONDITIONS Page 12 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 1. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; 3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; 4. The number of days’ increase in Contract Time claimed as a consequence of each such cause of delay, disruption, or interference; and 5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.08. 6. Contractor shall also furnish such additional supporting documentation as City may require including, where appropriate, a revised Project Schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of the Work. G. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from undisclosed Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.03.F and 4.03.G. ARTICLE 5 – SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor in writing 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 be responsible for obtaining any necessary 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. Unless otherwise specified in the Contract Documents, the City has or anticipates moving and/or relocating utilities, and obstructions to the Site. Any outstanding movement 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 moved and/or relocated by others. B. Upon reasonable written request of Contractor, 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. 00 72 00 GENERAL CONDITIONS Page 13 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 C. Contractor shall provide for any additional lands and access thereto not included in the Site that may be required for construction facilities or storage of materials and equipment. The cost of such shall be part of the Contract Price. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, worker car parking and the operations of workers to the Site, to adjacent areas that Contractor has arranged to use through construction easements or otherwise, and to other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with worker car parking, construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; and (d) for injuries, including death, and damage to or losses of property sustained by the owners or occupants of any such land or areas; provided that such damage, losses, injuries or deaths arose out of or result from the performance of the Work or arose out of or resulted from any other actions or conduct of the Contractor or those for whom Contractor is responsible. 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 reduce the area impacted to only that necessary for proper execution of the Work and/or 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 adversely impacted because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 5. PURSUANT TO PARAGRAPH 7.21, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, AND EMPLOYEES, 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 ADVERSELY IMPACTED OWNER OR OCCUPANT AGAINST CITY. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: If 24 hours after written notice is given to the Contractor that the clean-up at the Site is insufficient or occurring in a manner unsatisfactory to the City, the Contractor fails to correct the unsatisfactory condition and/or procedures, the City may take 00 72 00 GENERAL CONDITIONS Page 14 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct corrective action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor under the Contract. 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 and any adjacent property owners, if applicable. At the completion of the Work, Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, surplus materials, waste materials, rubbish and other debris and shall restore to original condition or better all areas impacted or disturbed by the Work. E. Loading of 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 structures or land to stresses or pressures that will endanger them. 5.03 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 existing physical conditions at or contiguous to the Site, including those drawings known to City depicting existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities.). B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as technical data. C. Reliance by Contractor on Technical Data: Contractor is provided certain technical data identified in the Supplementary Conditions with respect to such reports and drawings for its use, but the City does not warrant or guarantee the accuracy of the information, and such information including reports and drawings are not Contract Documents. Contractor may not make any Contract Claim against City, or any of theirits officers, elected or appointed officials, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness or accuracy 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. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or City’s archival documents concerning the Site; or 4. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. 00 72 00 GENERAL CONDITIONS Page 15 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any “technical data” 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 subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.17), notify City in writing about such condition. B. Possible Price and Time Adjustments 1. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: a. Contractor knew of the existence of such condition 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 the Contract; or b. The existence of such condition reasonably could have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or c. Contractor failed to give the written notice required by Paragraph 5.04.A. C. Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to 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 are included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data; b. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; 00 72 00 GENERAL CONDITIONS Page 16 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 c. coordination and adjustment of the Work with the owners (including City) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings or otherwise indicated in the Contract Documents, or was not shown or indicated on the Drawings or in the Contract Documents with reasonable accuracy, then 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 7.17), identify the owner of such Underground Facility and give notice to that owner and to City. 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, subject to the provisions of Article 11. 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. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City relating to Hazardous Environmental Conditions that have been identified at the Site; or 2. drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Reliance by Contractor on Technical Data: Contractor is provided certain technical data identified in the Supplementary Conditions with respect to such reports and drawings for its use, but the City does not warrant or guarantee the accuracy of the information, and such information including reports and drawings are not Contract Documents. Contractor may not make any Contract Claim against City, or any of its officers, elected or appointed officials, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness or accuracy 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. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or City’s archival documents concerning the Site; or 00 72 00 GENERAL CONDITIONS Page 17 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 4.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 a Hazardous Environmental Condition uncovered or revealed at the Site if such Hazardous Environmental Condition was not shown or indicated in Drawings or Specifications or identified if the removal or remediation of such Hazardous Environmental Condition was not identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created by the actions of or with any materials brought to the Site by Contractor, Subcontractors, Suppliers or anyone else for whom Contractor is responsible and the costs associated with the same. D.If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.17); and (3) 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 a Hazardous Environmental Condition identified pursuant to Paragraph 5.06.D or in any affected area until after City has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) 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 and the Contract Price. 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, AND ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, AND SUBCONTRACTORS OF EACH AND ANY OF THEM, 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 ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE 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 5.06.CityG OBLIGATES 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 5.03, 5.04, and 5.05 do not apply to the presence of a Hazardous Environmental Condition uncovered or revealed at the Site. 00 72 00 GENERAL CONDITIONS Page 18 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 ARTICLE 6 – BONDS AND INSURANCE 6.01 Licensed Sureties and Insurers A. 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 required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 6.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish a performance bond and a payment bond, in accordance with the provisions of the Texas Government Code Chapter 2253 or successor statute and as required by the City, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. The performance and payment bonds must be provided by the Contractor to the City prior to the Contractor beginning any Work. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. The maintenance bond(s) shall be provided as directed by the City as part of the close-out of the Contract and shall be provided prior to the final payment being made. C. All bonds shall be in the form prescribed by the Contract Documents, except as provided otherwise by Laws and Regulations, and must be issued and signed by a surety named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, or its right to do business is terminated in the State of Texas, then Contractor shall promptly notify City in writing and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above. E. If Contractor has failed to obtain a required bond, City may refuse to allow the Contractor to begin Work, exclude the Contractor from the Site and exercise City’s termination rights under Article 15. F. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity. 6.03 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 endorsements (and 00 72 00 GENERAL CONDITIONS Page 19 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 other evidence of insurance requested by City or any other additional insured) establishing that Contractor has obtained and is maintaining the policies and coverages required by these General Conditions and the Supplementary Conditions prior to beginning any Work. 1.The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as “additional insureds” on all liability policies. 2.The Contractor’s general liability insurance shall include a “per project” or “per location” endorsement, that 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 City. 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 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 or to provide such certificates or other evidence of full compliance with the insurance requirements. 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 If City agrees in writing that coverage is underwrittenmay be written 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 or for the warranty period provided for 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 that either nullify or amend the required lines of coverage, nor or decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Notice of an Award has been issued or the Agreement executed, and the policy exclusions are determined to be unacceptable or the City desires that the Contractor obtain additional insurance coverage the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 00 72 00 GENERAL CONDITIONS Page 20 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 10. For any proposed self-insured retention (SIR),) in excess of $25,000.00, affecting insurance coverage, Contractor must obtain the written approval of the City in regard to asset value and stockholders' equity. In lieu of traditional insurance, proposed alternative coverage maintained through insurance pools or, risk retention groups, or self-funding will also require the written approval of the 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 in writing by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and 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 will 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 to Contractor and without expense to City, to receive copies of policies and endorsements thereto and. City may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 6.04 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 employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury, including death, or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury including death, 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 00 72 00 GENERAL CONDITIONS Page 21 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 would alter or nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, that 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 of bodily injury or death of any person and/or property damage arising out of or related to 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. 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 delays or days not worked pursuant to this section. 6.05 Acceptance of Bonds and Insurance; Option to Replace A. 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 6 or the Supplementary Conditions 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. Such failure to provide bonds or insurance as required by the Contract Documents is a breach of the terms of the Contract and the City may terminate the Contractor in accordance with the provisions of the Contract Documents. ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES 7.01 Contractor’s Means and Methods of Construction A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor’s expense. Such services are not City-delegated professional design services under this Contract, and neither City nor Engineer has any responsibility with respect to (1) 00 72 00 GENERAL CONDITIONS Page 22 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 Contractor’s determination of the need for such services, (2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services. 7.02 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. B. At all times during the progress of the Work, Contractor shall identify and assign a competent superintendent, who is proficient in English, and who shall not be replaced without written notice to City of the name of the replacement superintendent. 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. 7.03 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Contractor shall be fully responsible to City for all acts and omissions of Contractor’s employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor’s own acts and omissions. C. 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 on Business Days. Contractor will not permit the performance of Work outside of regular working hours on Business Days without City’s prior written consent (which will not be unreasonably withheld)). Contractor’s written request (by letter or electronic communication) for City’s written consent must be made as follows: 1. for Work beyond regular working hours on Business Days, request must be made by noon at least two (2) Business Days prior; 2. for Work during Weekend Working Hours, request must be made by noon of the preceding Wednesday; and 3. for Work on state or federal holidays observed by the City, request must be made sufficiently in advance of the holiday, to satisfy requirements for City Council approval. 7.04 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. 00 72 00 GENERAL CONDITIONS Page 23 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 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 must be new and of good quality, 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. 7.05 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.06 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to the City for acceptance (to the extent indicated in Paragraph 2.06 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments must 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 request for the duration of the Contract in accordance with the Construction Progress Schedule, General Requirements 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 11. Adjustments in Contract Time may only be made by a Change Order. 7.06 “Or Equals” A. Contractor’s Request; Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item 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 is permitted, Contractor may request that City permit the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below. 1. If City in its sole discretion determines that an item of equipment or material 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. For the purposes of this Paragraph, a proposed item of equipment or material 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; 00 72 00 GENERAL CONDITIONS Page 24 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 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; 3)it has a proven record of performance and availability of responsive service; and 4)it is not objectionable to City. b.Contractor certifies that, if the proposed item is approved and incorporated into the Work: 1)there will be no increase in cost to the City or increase in Contract Time; and 2)the item will conform substantially to the detailed requirements of the item named in the Contract Documents. B.Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense. C.City’s Evaluation and Determination: City will be allowed a reasonable time to evaluate each “or-equal” request. City may require Contractor to furnish additional data about the proposed “or-equal” item. City will be the sole judge of acceptability. No “or-equal” item will be ordered, furnished, installed, or utilized until City’s review is complete and City determines that the proposed item is an “or-equal.” City.” City will advise Contractor in writing of its determination. D.Effect of City’s Determination: Neither approval nor denial of an “or-equal” request will result in any change in Contract Price. The City’s denial of an “or-equal” request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. E.Treatment as a Substitution Request: If City determines that an item of equipment or material proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that City consider the item a proposed substitution pursuant to Paragraph 7.07. 7.07 Substitutions A.Contractor’s Request; Governing Criteria: Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that City permit the use of other items of equipment or material under the circumstances described below. To the extent possible such requests must be made before commencement of related Work at the Site. 1.Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitution therefor. City will not accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor. 2.The requirements for review by City will be as set forth in Paragraph 7.07.B, as supplemented by the Specifications, and as City may decide is appropriate under the circumstances. 3.Contractor shall make written application to City for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 00 72 00 GENERAL CONDITIONS Page 25 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 a. will certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design; 2) be substantially similar in substance to the item specified; and 3) be well-suited to the same use as the item specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will adversely impact Contractor’s achievement of Final Acceptance on or before the Contract Time; 2) 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; and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from the item specified; and 2) available engineering, sales, maintenance, repair, and replacement services. d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and Damage Claims of other contractors affected by any resulting change. B. City’s Evaluation and Determination: City will be allowed a reasonable time to evaluate each substitution request. City may require Contractor to furnish additional data about the proposed substitute item. City will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until City’s review is complete and City determines that the proposed item is an acceptable substitution. City’s approval determination will be evidenced by a Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Time. City will advise Contractor in writing of any denial determination. C. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitution. Contractor shall indemnify and hold harmless City and its officers, elected and appointed officials, employees, agents, consultants and subcontractors and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorney’s fees) arising out of or relateds to the use of substituted materials or equipment. D. Reimbursement of City’s Cost: City will record City’s costs in evaluating a substitution proposed or submitted by Contractor. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse City for evaluating each such proposed substitute. Contractor shall also reimburse City for the charges for making changes in the 00 72 00 GENERAL CONDITIONS Page 26 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense. F. City Substitution Reimbursement: Cost savings attributable to acceptance of a substitution shall be paid to City by Contractor by an appropriate Change Order decreasing the Contract Price. G. Effect of City’s Determination: If City approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The City’s denial of a substitution request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.07.D, by timely submittal of a Change Order. 7.08 Concerning Subcontractors and Suppliers A. Contractor shall perform with its own organization, and with the assistance of workmen under its immediate superintendence, work of a value not less than 35% of the Contract Price, unless otherwise approved by the City. B. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. 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, except as provided in Paragraph 7.08.C. The Contractor’s retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor’s obligation to City to perform and complete the Work in accordance with the Contract. C. The City may require the use of specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work , and will provide such requirements in the Supplementary Conditions. D. Contractor shall provide to City as part of the Bid, the identity of all proposed Subcontractors and Suppliers. Such proposed Subcontractor or Supplier shall be deemed acceptable to City unless City raises a substantive, reasonable objection prior to execution of the Agreement. E. 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 under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract: 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. F. No acceptance by City of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of City to the completion of the Work in accordance with the Contract Documents, Contract Price and Contract Time. 00 72 00 GENERAL CONDITIONS Page 27 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 G. Contractor shall be solely responsible for scheduling and coordinating the tasks of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of City. Contractor must comply with all applicable federal, state, and local laws, statutes, ordinances or regulations, including but not limited to immigration laws, workers compensation laws and wage laws, in the hiring of any Subcontractor or Supplier and shall ensure that each Subcontractor or Supplier has the same obligations. I. Contractor shall restrict all Subcontractors and Suppliers from communicating with City, except through Contractor or in case of an emergency, or as otherwise expressly allowed in this Contract. 7.09 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. The then current prevailing wage rates at the time of execution of the Agreement 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 Section 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 Section 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being retained 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 7.09.C. 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 00 72 00 GENERAL CONDITIONS Page 28 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 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 Final Acceptance, 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 available in Denton County, Texas at all reasonable hours for inspection by the City. The provisions of Paragraph 7.23, Right to Audit, shall pertain to this inspection. F. Progress Payments: With each progress payment request 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 the Site 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 7.09.A through 7.09.G. 7.10 Patent Fees and Royalties A. Contractor shall pay all patent or license fees and royalties and pay 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 an 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 patent or license fee or royalty to others, the existence of such rights will be disclosed in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay said fees or, royalties or costs to others. B. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS CITY, AND ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS OF EACH AND ANY OF THEM, 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. 7.11 Permits and Utilities A. Contractor obtained permits and licenses. Unless otherwise expressly provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. City shall provide reasonable assistance to Contractor, if necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work applicable at the time the Notice of Award is issued, except for 00 72 00 GENERAL CONDITIONS Page 29 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 permits provided by the City as specified in Paragraph 7.11.B. City shall pay the charges of utility service providers for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for those permits and licenses identified as City’s responsibility in the Supplementary Conditions or Contract Documents. It will be the Contractor’s responsibility to comply with and 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. relating to the changes. The City will not reimburse the Contractor for any cost associated with the 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. 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. 7.12 Taxes A. On issuance of a Notice of Award by the City, an organization which qualifying 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 hisits 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 7.13 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, City shall not be responsible for monitoring Contractor’s compliance with any Laws and Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws and Regulations, Contractor shall be liable for all resulting claims, 00 72 00 GENERAL CONDITIONS Page 30 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 costs losses, and damages, and shall indemnify and hold harmless City, and its officers, elected and appointed officials, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, 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 such Work or other action. C.Changes in Laws and Regulations not known at the time of the City’s issuance of a Notice of Award 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. 7.14 Record Documents A.Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. Contractor shall include accurate locations for buried and imbedded items. These record documents, together with all approved Samples, will be available to City for reference. Upon completion of the Work, Contractor shall deliver these record documents to City prior to Final Inspection. 7.15 Safety and Protection A.As between City and Contractor, Contractor shall be responsible for the safety of persons and property in the performance of the Work, for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work and for compliance with applicable safety Laws and Regulations. B.Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs. Contractor shall inform the City in writing of Contractor’s designated safety representative at the Site. C.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, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. D.All damage, injury, or loss to any property referred to in Paragraph 7.1515.C.2 or 7.1515.C.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 the responsibility of and remedied by Contractor at its expense. E.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; 00 72 00 GENERAL CONDITIONS Page 31 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 and shall implement, erect and maintain all necessary safeguards for such safety and protection. F. Contractor shall notify City; the owners of adjacent property; the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor); and other contractors and utility owners performing work at or adjacent to the Site, in writing, when Contractor knows that prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. G. Contractor shall comply with the applicable requirements of City’s safety programs, if any. H. Contractor shall inform City in advance in writing of the specific requirements of Contractor’s safety program with which City’s and Engineer’s employees and representatives must comply while at the Site. I. Contractor’s duties and responsibilities for safety and protection will continue until all the Work is completed and City has issued a Letter of Final Acceptance. J. Contractor’s duties and responsibilities for safety and protection will resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.16 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws and Regulations. 7.17 Emergencies and/or Rectification A. In the event of threatened or actual emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to immediately act to prevent 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 by an emergency or are required as a result of Contractor’s response to an emergency. If City determines that a change in the Contract Documents is required because of an emergency or Contractor’s response, 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 proper action within 24 hours to fulfill this written request or fails to 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 cost for such remedial action, plus 25% from any funds due or to become due the Contractor on the Project. 00 72 00 GENERAL CONDITIONS Page 32 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 7.18 Submittals A.Submittal Procedures for Shop Drawings and Samples: Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.03). 1.Contractor shall submit the Submittals in accordance with Section 01 33 00 of the General Requirements. 2.Data shown on the Submittals must 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 7.18.C. 3.Submittals reviewed and accepted by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4.When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5.For-Information-Only submittals upon which the City is not expected to conduct a review or take responsive action may be so identified in the Contract Documents. 6.Contractor shall submit the required number of Samples specified in the Specifications. 7.Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which it is intended and other data as City may require to enable City to review the Submittal for the limited purposes set forth in Paragraph 7.18.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 risk, expense and responsibility of Contractor. C.City’s Review 1.City will provide timely review of Submittals in accordance with the accepted Schedule of Submittals. City’s review and acceptance will be to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of 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. 3.City’s review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 4.City’s review and acceptance of a Submittal will 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 of the General Requirements, and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. 00 72 00 GENERAL CONDITIONS Page 33 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 5. City’s review and acceptance of a Submittal will not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6. City’s review and acceptance of a Submittal, or of a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Time or Contract Price, unless such changes are included in a Change Order. 7. Neither City’s receipt, review, or acceptance of a Submittal will result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in accepted Submittals, subject to the provisions of Section 01 33 00 of the General Requirements. 7.19 Continuing the Work A. 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. 7.20 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, elected and appointed officials, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, or improper modification, 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 is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents, or a release of Contractor’s warranty and guarantee under this Paragraph 7.20: 1. Observations by Engineer or City; 2. Recommendation by Engineer or payment by City of any progress or final payment; 3. The issuance of a letter or 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 acceptance by others; or 7. Any correction of defective Work by City. 00 72 00 GENERAL CONDITIONS Page 34 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 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. Contractor shall furnish a good and sufficient maintenance bond, complying with the requirements of Paragraph 6.02.B. The City will give notice of observed defects with reasonable promptness. 7.21 Indemnification A. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM , FROM AND AGAINST ANY AND ALL CLAIMS FOR PERSONAL OR BODILY INJURY OR DEATH, ARISING OUT OF OR RELATED TO, OR ALLEGED TO ARISE OUT OF OR BE RELATED TO, THE WORK AND SERVICES TO BE PERFORMED BY THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES UNDER THESE CONTRACT DOCUMENTS. 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. OR ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS OR SUBCONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM. THIS INDEMNITY PROVISION IS INTENDED TO INCLUDE, WITHOUT LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES INCURRED 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, ELECTED AND APPOINTED OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM FROM AND AGAINST ANY AND ALL LOSS, DAMAGE OR DESTRUCTION OF PROPERTY OF THE CITY, ARISING OUT OF OR RELATED TO, OR ALLEGED TO ARISE OUT OF OR BE RELATED TO, 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 OR ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS OR SUBCONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM. 7.22 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 00 72 00 GENERAL CONDITIONS Page 35 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 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 pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C. If a Submittal related to the requirements indicated in Paragraph 7.22.B is prepared by Contractor, a Subcontractor, or others for submittal to City, then such Submittal must bear the written approval of Contractor’s design professional when submitted by Contractor to City. D. City shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under the conditions indicated in Paragraph 7.22.B, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E. Pursuant to this Paragraph 7.22, City’s review, acceptance, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to the conditions indicated in Paragraph 7.22.B, will be only for the following limited purposes: 1. Checking for conformance with the requirements of this Paragraph 7.22; 2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and 3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents. 7.23 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 during the term of the Contract and for 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 made available, in Denton County, Texas within ten (10) Business Days of City’s 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 Denton County, Texas. Except as otherwise provided herein, the cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If the City is undertaking an audit or inspection pursuant to Paragraph 7.09 or if an overpayment of 1% or greater occurs, the City’s reasonable cost of the audit, including any travel costs, must be paid by the Contractor within five (5) Business Days of receipt of City’s invoice for such costs. 00 72 00 GENERAL CONDITIONS Page 36 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 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. 7.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit-related projects, 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. Contractor shall comply with the requirements of Title VI, Civil Rights Act of 1964 as amended and the regulations promulgated thereunder, as may be further defined in the Supplementary Conditions, for any project receiving Federal assistance. ARTICLE 8 – OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the City may perform other work at or adjacent to the Site. Such other work may be performed by City’s employees, or through contracts between the City and third parties. City may also arrange to have third- party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If City performs other work at or adjacent to the Site with City’s employees, or through contracts for such other work, then City shall give Contractor written notice thereof prior to starting any such other work, if such other work is not noted in the Contract Documents. C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and City, if City is performing other work with City’s employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. D. 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. E. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others, 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 and deficiencies in such other work that could not have been discovered through a proper inspection. F. The provisions of this Article 8 are not applicable to work that is performed by third-party utilities or other third-party entities without a contract with City, or that is performed without 00 72 00 GENERAL CONDITIONS Page 37 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 having been arranged by City. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.03.D.3. 8.02 Coordination A. If City intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with City’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. An itemization of the specific matters to be covered by such authority and responsibility; and 3. The extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. 8.03 Legal Relationships A. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of City, any other contractor, or any utility owner performing other work at or adjacent to the Site. 1. When City is performing other work at or adjacent to the Site with City’s employees, Contractor shall be liable to City for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by City as a result of Contractor’s failure to take reasonable and customary measures with respect to City’s other work. B. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any Damage Claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, City, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify, defend and hold harmless City and Engineer, and the officers, elected and appointed officials, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all 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 damage, delay, disruption, or interference. ARTICLE 9 – CITY’S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 00 72 00 GENERAL CONDITIONS Page 38 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 9.02 Furnish Data A. City shall promptly furnish the data required of City under the Contract Documents. 9.03 Pay When Due A. City shall make payments to Contractor when they are due in accordance with and subject to the provisions of Article 14. 9.04 Lands and Easements; Reports, Tests, and Drawings A. City’s duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Article 5 refers to City’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions at the Site, 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. 9.05 Change Orders A. City’s responsibilities with respect to Change Orders are set forth in Article 11. 9.06 Inspections, Tests, and Approvals A. City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.02.DD. 9.07 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. 9.08 Undisclosed Hazardous Environmental Condition A. City’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.09 Compliance with Safety Program A. 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 in advance in writing pursuant to Paragraph 7.15. ARTICLE 10 – CITY’S OBSERVATION DURING CONSTRUCTION 10.01 City’s Project Manager or Duly Authorized Representative A. 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. 00 72 00 GENERAL CONDITIONS Page 39 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 B. City’s Project Manager for these Contract Documents 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 of the General Requirements. 10.02 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 City’s responsibility set forth in Paragraph 99.07. 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. 10.03 Determinations for Work Performed A. As applicable, 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). 10.04 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the interpreter of the requirements of the Contract Documents and judge 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 11.07. ARTICLE 11 – CHANGES ININ THE WORK; CLAIMS; EXTRA WORK 11.01 Amending and Supplementing the Contract A. The Contract may be amended toto provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof, including in the Contract Price or Contract Time, but such amendment will be made by Change Order only. 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 of the following ways: 1. A Field Order; or 2. City’s review of a Submittal (subject to the provisions of Paragraph 7.18.C); or 00 72 00 GENERAL CONDITIONS Page 40 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 3.City’s written interpretation or clarification. 11.02 Execution of Change Orders A.City and Contractor shall execute appropriate Change Orders covering: 1.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.. 2.Changes in the Work which are: (a) ordered by City pursuant to Paragraph 11.04, (b)required because of City’s acceptance of defective Work under Paragraph 13.05 or City’s correction of defective Work under Paragraph 13.08, or (c) as otherwise agreed to by the parties. 11.03 Field Orders A.City may authorize minor variations and deviations in changes in the Work if the changes 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. Such changes will be accomplished by a Field Order and will be binding on both the City and Contractor, which shall perform the Work involved promptly. 11.04 Authorized Changes in the Work – Extra 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 City. 11.05 Unauthorized Changes in the Work A.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 allowed herein, except in certain cases of an emergency as provided in Paragraph 7.17.A. 11.06 Dispute of Extra Work A.Should a difference arise as to what does or does not constitute Extra Work, or as to the payment for such Extra Work, and the City requires its performance, the Contractor shall proceed with the Extra Work after making written request for a Change Order and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 11.07. B.The Contractor shall furnish the City such 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 work performed. C.The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be the full, complete and final payment for all charges, fees and costs Contractor incurs as a result of or relating to the Extra Work, whether said charges, fees or costs are known, 00 72 00 GENERAL CONDITIONS Page 41 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 unknown, foreseen or unforeseen at that time, including without limitation, any charges, fees or costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the Extra Work. 11.07 Contract Claims Process A. City’s Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.08, 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 no later than 45 days after the start of the event giving rise thereto (unless the City notifies Contractor in writing that City will allow 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 11.08. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 11.09. 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 Contractor’s last submittal (unless in connection with the Contract Claim (unless Contractor allows the City additional time to submit a response). C. City’s Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor unless action by City’s Council is required, 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 this Paragraph 11.07 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 11.07. 00 72 00 GENERAL CONDITIONS Page 42 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 F. If the City fails to take any action pursuant to this Paragraph 11.07, the Contract Claim is considered to have been denied by the City. 11.08 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. TheThe 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, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 12.03); 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.08.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 and the parties do not reach mutual agreement to a lump sum or unit price, then on the basis of the Cost of the Work (determined as provided in Paragraph 12.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.08.C). C. Contractor’s Fee: The Contractor’s fee for overhead and profit will 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 12.01.B.1, 12.01.B.2, and 12.01.B.3, the Contractor’s fee will be 15 percent except for: 1) rental fees for Contractor’s own equipment; and 2) bonds and insurance; b. For costs incurred under Paragraph 12.01.B.4, the Contractor’s fee will be 5 percent; 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 11.08.C.2.a and 11.08.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 12.01.B.1, 12.01.B.2, and 12.01.B.3 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, in no case shall the cumulative total of fees paid be in excess of 25% of the Cost of the Work; c. No fee will be payable on the basis of costs itemized under Paragraphs 12.01.B.5, 12.01.B.6, and 12.01.C; d. The amount of credit to be allowed by Contractor to City for any change which results in a net decrease in Cost of the Work will be the amount of the actual net 00 72 00 GENERAL CONDITIONS Page 43 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and 11.09 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 under a Change Order 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. C. Delay, disruption, and interference in the Work, and any related changes in Contract Time, are addressed in and governed by Paragraph 4.03. 11.10 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 12 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 12.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term “Cost of the Work” means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 12.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or 2. When needed to determine the value of a Change Order. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: The term, “Cost of the Work” means the sum of all costs, except those excluded in Paragraph 12.01.C, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work is covered by a Change Order, the costs reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall be in amounts no higher than those calculated based on the prevailing wage rates contained in the Contract Documents, shall not include any of the costs itemized in Paragraph 12.01.C, and may include as applicable, 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, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of 00 72 00 GENERAL CONDITIONS Page 44 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 their time spent on the Work. Payroll costs shall include, salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours on Business Days, during Weekend Working Hours, or on a state or federal holiday observed by the City, 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 in writing 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. and the Contract Documents. 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 . Contractor shall deliver such bids to City, which 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 will be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 12.01 and Paragraph 11.08.C. 5.Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work and specifically included in the agreed upon schedule of job classifications referred to in Paragraph 12.01.B.1 or otherwise specifically included in the Contract. 6.Supplemental costs consisting of 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, and temporary office or facilities at the Site, 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, as imposed by Laws and Regulations, excluding those taxes for which an exemption is available as described in Paragraph 7.12. d.Deposits lost for causes other than the negligence or willful misconduct 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 00 72 00 GENERAL CONDITIONS Page 45 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 the performance of the Work, provided such losses and damages have resulted from causes other than the negligence or willful misconduct 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 include settlements made with the written consent and approval of City. No such losses, damages, and expenses will 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 communication service 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 that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work does not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals, general 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 12.01.B.1 or otherwise specifically covered in the Contract. The payroll costs and other compensation excluded here 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 acts, omissions, negligence or willful misconduct 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. D. Contractor’s Fee 1. When the Work as a whole is performed on the basis of cost-plus-a-fee, then: a. Contractor’s fee for the Work set forth in the Contract Documents as of the Effective Date of the Agreement will be determined as set forth in the Contract. b. for any Work covered by a Change Order for an adjustment in Contract Price on the basis of Cost of the Work, Contractor’s fee will be determined as set forth in Paragraph 11.08.C. 2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost-plus-a-fee, then Contractor’s fee for any Work covered by a Change Order for an adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.08.C.2. 00 72 00 GENERAL CONDITIONS Page 46 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 E.Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 12, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices, and submit in a form acceptable to City an itemized cost breakdown together with supporting data. Subject to prior written notice, City will be afforded reasonable access, during normal business hours, to all Contractor’s accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor’s fee. Contractor shall preserve all such documents for a period of three years after the final payment by City. Contractor will be responsible for ensuring that pertinent Subcontractors will afford such access to City, and preserve such documents, to the same extent as is required of Contractor. 12.02 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: Contractor agrees that: 1.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 2.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 Contract Price and not in the allowances, and no demand for additional payment for 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 for Work covered by allowances, and the Contract Price will be correspondingly adjusted. 12.03 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 multiplied by 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 City subject to the provisions of Paragraph 10.03. 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.Adjustments in Contract Price 00 72 00 GENERAL CONDITIONS Page 47 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 1.City may make an adjustment in the Contract Price in accordance with Paragraph 11.08 if: a.the quantity of the item of Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and b.there is no corresponding adjustment with respect to any other item of Work. 2.Adjusted unit prices will apply to all units of that item. E.Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 11.04. 1.If the changes in quantities or the alterations do not significantly change the character of the 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 materially and significantly change the character of the Work, the Contract will be amended by a Change Order. 3.If no unit prices exist, thisany increase or decrease in quantities will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 11. 4.A significant change in the character of Work occurs when: a.the character of work for any Item as altered differs materially or significantly 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. 12.04 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 term of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised in accordance with the Contract. B.If the total actual quantity measured for an individual item 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 11. 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 00 72 00 GENERAL CONDITIONS Page 48 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 decreased by the amount identified in the approved change, and the 25% variance provisions of Paragraph 12.04.B 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 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Access to Work A.City and its Engineer, consultants, representatives, employees, and independent testing laboratories, and authorities having jurisdiction shall 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 with such procedures and programs as applicable. 13.02 Tests and Inspections A.Contractor shall give City timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B.If the Contract Documents or any Laws and Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection, testing or approval, except that those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall will be paid as described in the Supplementary Conditions. C.Contractor shall be responsible for arranging, obtaining, and paying for all inspections, tests, re-tests, and approvals required: 1.by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to City; 2.to attain City’s acceptance of materials or equipment to be incorporated in the Work; 3.by manufacturers of equipment furnished under the Contract Documents; 4.for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5.for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections and tests will be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to City. 00 72 00 GENERAL CONDITIONS Page 49 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 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 13.02.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 the Contract Documents require the Work (or part thereof) to be approved by City or another designated individual or entity, then Contractor shall assume full responsibility for seeking and obtaining such approvals. F.If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without the written approval of City, Contractor shall, if requested by City, uncover such Work for observation. Such uncovering and the recovering of such Work will be at Contractor’s expense. 13.03 Defective Work A.Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective. B.City’s Authority: City has the authority to determine whether Work is defective, and to reject defective Work. C.Notice of Defects: Written notice of all defective Work of which City has actual knowledge will be given to Contractor. D.Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if City has rejected the defective Work, shall remove the defective Work from the Project and replace it with Work that is not defective. Failure to require the removal of any defective Work shall not constitute acceptance of such Work. E.Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair City’s warranty and guarantee, if any, on said Work. F.Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Contractor or City by governmental authorities because the Work is defective, and the costs of repair, replacement or reconstruction of work of others resulting from defective Work. 00 72 00 GENERAL CONDITIONS Page 50 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 13.04 Rejecting Defective Work A. City will have authority to reject Work which City 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 this Article 13, whether or not the Work is fabricated, installed, or completed. 13.05 Acceptance of Defective Work A. 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 arbitration 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 the Work so accepted. 13.06 Uncovering Work A. City has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the Contract Documents or specific instructions of City and if requested by City, Contractor shall uncover such Work for City’s observation, inspection or testing and then replace the covering, all at Contractor’s expense. C. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, then 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, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for 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 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). City shall be entitled to accept defective Work in accordance with Paragraph 13.05 and in such case Contractor shall still be responsible for all costs associated with exposing, observing, and testing defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an extension of the Contract Time to the extent directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.07 City May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or Contractor fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then City may order Contractor to 00 72 00 GENERAL CONDITIONS Page 51 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 stop the Work, or any portion thereof, until the cause for such order has been corrected or eliminated; however, this right of City to stop the Work will 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 any employee or agent of, any of them. 13.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace defective Work as required by City, 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, then City may, after providing 7 days’ advance written notice to Contractor, correct or remedy any such deficiency. B. 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 stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City’s representatives, agents and employees, and City’s other contractors access to the Site to enable City to exercise the rights and remedies under this Paragraph 13.08. 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 arbitration or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.08 will be the responsibility of and will be charged against Contractor. 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. Such claims, costs, losses and damages will include, but not be limited to, all costs of repair or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. 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 by City of City’s rights and remedies under this Paragraph 13.08. ARTICLE 14 – PAYMENTS TO CONTRACTOR; COMPLETION; CORRECTION PERIOD 14.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Paragraph 2.03 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 12.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. 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 (but not more often than once a month), Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work 00 72 00 GENERAL CONDITIONS Page 52 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 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 must also be accompanied by: (a) bill of sale, invoice, or purchase order payments, copies of cancelled checks or other documentation establishing full payment by Contractor for the materials and equipment; (b) at City’s request, documentation warranting that City has received the materials and equipment free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property 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 must include an affidavit of Contractor stating that all previous progress payments received on account of the Work by Contractor have been applied 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. C.Review of Applications 1.City will, after receipt of each Application for Payment, either indicate in writing it will proceed to process the Application for 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 based City’s actual knowledge: a.the Work has progressed to the point indicated; and b.the quality and/or quantity of the Work is generally in accordance with the Contract Documents (subject to any subsequent evaluations of the Work, an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests or inspections called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraphs 10.05 and 12.03, and any other qualifications stated). 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; or b.there are no 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 or pay the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and 00 72 00 GENERAL CONDITIONS Page 53 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 may 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. there are 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 in accordance with Paragraph 1313.08, or has accepted defective Work pursuant to Paragraph 13.05; e. City has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or f. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Retainage: 1. For all contracts, retainage shall be five percent (5%). E. 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 paid by the Contractor to the City, not as a penalty, but as liquidated damages suffered by the City. If feasible, the parties may agree to have the liquidated damages deducted from any amounts owned to Contractor by City instead of being paid directly to City by Contractor. F. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. G. Reduction in Payment 1. City may refuse to make payment of the of the amount requested because: a. Claims have been made against City based on Contractor’s performance or furnishing of the Work, or City has incurred costs, losses, or damages resulting from Contractor’s performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, or patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. City has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. City has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. The Work is defective, requiring correction or replacement; 00 72 00 GENERAL CONDITIONS Page 54 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 g. City has been required to correct defective Work in accordance with Paragraph 13.08, or has accepted defective Work pursuant to Paragraph 13.05; h. The Contract Price has been reduced by Change Orders; i. An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause; j. Liquidated or other damages have accrued as a result of Contractor’s failure to achieve Milestones or Final Acceptance of the Work; k. 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; l. Other items entitle City to a set-off against the payment amount requested; or m. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and promptly 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, within a reasonable time after Contractor remedies the reasons for such action to the satisfaction of City and City has confirmed such action. 14.02 Contractor’s Warranty of Title A. 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. 14.03 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 of any such part of the Work which City determines to be ready for its intended use. In addition, City may request in writing that Contractor permit City to use or occupy any such part of the Work that City believes to be substantially complete, subject to the following conditions: 1. At any time, Contractor may notify City 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 14.03, 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 by City will not constitute Final Acceptance by City. 00 72 00 GENERAL CONDITIONS Page 55 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 14.04 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. 14.05 Final Acceptance A.Upon completion by Contractor to City’s satisfaction, of any and all Work in accordance with the Contract Documents, including any corrections or additional Work identified in the Final Inspection and delivery of all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurances, certificates of inspection, annotated record documents and other required documents in accordance with the Contract Documents, City will issue to Contractor a letter of Final Acceptance. 14.06 Final Payment A.Application for Payment 1.Upon receipt of a letter of Final Acceptance from City, Contractor may make application for Final Payment following the procedures for requesting payments in accordance with the Contract Documents. 2.The final Application for Payment must 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 6.03; b.consent of the surety, if any, to final payment; c.satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to City free and clear of any Liens or other title defects or will so pass upon final payment; d.a list of all Contract Claims or Damage Claims against City that Contractor believes are unsettled; e.affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work; and f.a completed subcontractor form identifying the subcontractor/supplier(s) and the description of Work and/or materials provided, if any. B.Payment Becomes Due: The final payment requested by Contractor, less previous payments made and less any sum to which City is entitled, including but not limited to liquidated damages, will become due and payable: 00 72 00 GENERAL CONDITIONS Page 56 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 1.After City’s acceptance of the Application for Payment and accompanying documentation; and 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. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract that continue thereafter. 14.07 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 14.01.D, and if bonds have been furnished as required in Paragraph 6.02, 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 governing final payment, except that it shall not constitute a waiver of Contract Claims. B.Partial Retainage Release. If the Contract provides for separate establishment and maintenance periods and/or 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. 14.08 Waiver of Claims A.The acceptance of final payment will constitute a waiver and release by Contractor of all claims, rights, causes of action, or liabilities, including Contract Claims, against City arising out of, related to or under the Contract or for any act, omission or neglect of City. 14.09 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 Contract Documents) any Work has been found to be defective, or Contractor’s repair of any damages to the Site, adjacent areas, or areas made available for Contractor’s use by City has been found to be defective, then after receipt of City’s written notice of defect, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1.correct the defective repairs to the Site or such adjacent areas, or areas made available for Contractor’s use by City; 2.correct such defective Work; 3.remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by City, and 00 72 00 GENERAL CONDITIONS Page 57 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures. 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. Contractor shall pay all 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 correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). 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 Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected, repaired or removed and replaced under this Paragraph 14.09, the correction period hereunder with respect to such Work may be extended for an additional period of one year after the end of the initial correction period. E. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this Paragraph 14.09 are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 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. City may fix the date on which Work will be resumed in such notice, and Contractor shall resume the Work on the date so fixed. During a 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; Contractor shall take every precaution to prevent damage or deterioration of the work performed; and Contractor shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving its 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 or overhead will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. 00 72 00 GENERAL CONDITIONS Page 58 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 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 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, or failure to adhere to the Project Schedule established under Paragraph 2.06 as adjusted from time to time pursuant to Paragraph 7.05); 2.Failure of Contractor to perform or otherwise to comply with a material term of the Contract; or 3.Contractor’s disregard of Laws and Regulations of any public body having jurisdiction; or 4.Contractor’s repeated disregard of the authority of City; 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 indication that the Contractor has become insolvent or bankrupt, or otherwise financially unable to perform 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 15.02.A occurs, 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. The conference shall be held not later than 15 days after receipt of notice. by both Contractor and surety. 1.If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the 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 the 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 stored at the Site or for which City has paid Contractor, but which are stored elsewhere, and 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 completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, 00 72 00 GENERAL CONDITIONS Page 59 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by City, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds 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 15.02, 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, elected or appointed officials, 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, counterclaim or offset 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 under the Contract or prescribed by law. C. Notwithstanding Paragraph 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, or any rights or remedies of City against Contractor or Surety. Any retention or payment of money 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 6.02, the termination procedures of that bond shall not supersede the provisions of this Article 15. 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, in whole or in part. Any termination shall be affected by giving notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Notice shall be deemed validly given if given in accordance with Paragraph 17.01.A. B. After a notice of termination, has been given, 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; 00 72 00 GENERAL CONDITIONS Page 60 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 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 the Contract that is in the possession of the Contractor and in which the City 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 in accordance with the Contract, exclusive of items the disposition of which has been directed or authorized by City. D.Not later than 15 days after Contractor’s submission of the certified list to City pursuant to Paragraph 15.03.C, the City shall accept title to such items, subject to verification of the list by the City upon removal of the items or,. If the items are stored, then City shall have 45 days after submission of the list, to verify the list submitted and accept title to such items. 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 has been given, the Contractor shall submit hisits termination claim to the City in the form and with the certification prescribed by the City. Unless an extension request is made in writing within such 60-day period by the Contractor, and granted by the City, any and all such claims of Contractor that are not submitted to City within such 60-day period shall be conclusively deemed waived. F.Should a termination claim be timely submitted to the City, 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 calculated and determined in accordance with the Contract Documents; 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 calculated and determined in accordance with the Contract Documents; and 3.reasonable expenses directly attributable to reasonable and necessary wind-down and termination activities, without any overhead or profit. 00 72 00 GENERAL CONDITIONS Page 61 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 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 submitted and available to it, the amount, if any, due to the Contractor by reason of the termination and City shall pay to the Contractor the amounts so determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of, related to or resulting from such termination. ARTICLE 16 – RESOLUTION OF DISPUTES 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 11.07 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 11.07.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 calendar days of filing of the request. C. The parties shall agree on a mediator; however, if they cannot agree within 14 calendar days then the Denton County Alternative Dispute Resolution Program (“DCAP”) shall appoint a mediator. The mediation session shall be held within 45 days of the retention of the mediator, and last for at least one full mediation day, before any party has the option to withdraw from the process. The parties may agree to continue the mediation process beyond one day, until there is a settlement agreement, or one party, or the mediator, states that there is no reason to continue because of an impasse that cannot be overcome and sends a “notice of termination of mediation.” All reasonable efforts will be made to complete the mediation within 30 days of the first mediation session. All costs of mediation shall be borne equally by the parties. D. All communications, both written and oral, during Phases A and B are confidential and shall be treated as settlement negotiations for purposes of applicable rules of evidence; however, documents generated in the ordinary course of business prior to the Dispute, that would otherwise be discoverable, do not become confidential simply because they are used in the Negotiation and/or Mediation process. E. The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider. F. If the Contract Claim is not resolved by mediation, City’s action under Paragraph 11.07.C or a denial pursuant to Paragraphs 11.07.C.3 or 11.07.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 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 as set forth within the Contract Documents. 00 72 00 GENERAL CONDITIONS Page 62 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 ARTICLE 17 – MISCELLANEOUS 17.01 Giving Notice A.Whenever any provision of the Contract requires the giving of written notice, it will be deemed to have been validly given if delivered: 1.in person, by a commercial courier service or otherwise, if to City, to the duly authorized representative of City identified in the Contract Documents or to City’s Project Manager or, if to Contractor, to a member of the firm or to an officer of the corporation for whom it is intended; or 2.by registered or certified mail, postage prepaid, to the recipient’s place of business; or 3.by e-mail to the recipient. 17.02 Computation of Time A.When any period of time is referred to in the Contract 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 that is a state or federal holiday observed by the City, the next Business Day shall become the last day of the period. 17.03 Cumulative Remedies A.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 and Regulations, in equity, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this Paragraph 17.03 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. 17.04 Limitation of Damages A.With respect to any and all claims, disputes subject to final resolution, and other matters at issue, neither City, nor any of its officers, directors, elected or appointed officials, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. Further, the Contractor may only claim and the City may only be liable for those damages that are set forth in Subchapter I, Chapter 271 of the Texas Local Government Code and the City shall not be liable for any consequential damages, exemplary damages or damages for unabsorbed home office overhead. 17.05 No Waiver A.A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. B.The City has not waived its sovereign immunity except as expressly set forth in Subchapter I, Chapter 271 of the Texas Local Government Code or as expressly waived by other statute. 17.06 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the 00 72 00 GENERAL CONDITIONS Page 63 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 4, 2025 Contract, will survive final payment, completion, and Final Acceptance of the Work or termination of the Contract or of the services of Contractor. 17.07 Assignment of Contract A.Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 17.08 Successors and Assigns A.City and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 17.09 Governing Law A.The Contract shall be construed in accordance with the laws of the State of Texas without regard to conflicts of law principles. 17.10 Headings A.Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 00 73 00 SUPPLEMENTARY CONDITIONS Page 1 of 6 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 27, 2023 Effective February 27, 2023 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-5.01A 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-5.01A.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 November 24, 2025: 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-5.01A.2, “Availability of Lands” 42 43 Utilities or obstructions to be removed, adjusted, and/or relocated 44 45 IFB#8936240002-1 00 73 00 SUPPLEMENTARY CONDITIONS Page 2 of 6 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 27, 2023 Effective February 27, 2023 The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated 1 as of November 24, 2025: 2 3 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, 4 and do not bind the City. 5 6 SC-5.03A., “Subsurface and Physical Conditions” 7 8 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 9 10 None 11 12 The following are drawings of physical conditions in or relating to existing surface and subsurface 13 structures (except Underground Facilities) which are at or contiguous to the site of the Work: 14 15 None 16 17 SC-5.05 A., “Underground Facilities 18 19 The following are additional resources for identification of Underground Facilities which are at or 20 contiguous to the site of the Work, and which are not necessarily shown in the Drawings: 21 22 None 23 24 SC-5.06A., “Hazardous Environmental Conditions at Site” 25 26 The following are reports and drawings of existing hazardous environmental conditions known to the City: 27 28 None 29 30 SC-6.02, “Performance, Payment, and Maintenance Bonds” 31 32 The “Contract Price” for Performance, Payment, and Maintenance Bonds will be the same as indicated 33 in Article 3 as listed in the Agreement. 34 35 SC-6.03A., “Certificates of Insurance” 36 37 The entities listed below are "additional insureds as their interest may appear" including their respective 38 officers, directors, agents and employees. 39 40 (1)City41 (2)Consultant: Kimley-Horn and Associates, Inc.42 (3)Other: None43 44 SC-6.04A., “Contractor’s Insurance” 45 46 The limits of liability for the insurance required by Paragraph GC-6.04 shall provide the following 47 coverages for not less than the following amounts or greater where required by laws and regulations: 48 IFB#8936240002-1 00 73 00 SUPPLEMENTARY CONDITIONS Page 3 of 6 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 27, 2023 Effective February 27, 2023 1 6.04A. Workers' Compensation, under Paragraph GC-6.04A. 2 3 Statutory limits 4 Employer's liability 5 $100,000 each accident/occurrence 6 $100,000 Disease - each employee 7 $500,000 Disease - policy limit 8 9 SC-6.04B., “Contractor’s Insurance” 10 11 6.04B. Commercial General Liability, under Paragraph GC-6.04B. Contractor's Liability Insurance 12 under Paragraph GC-6.04B., which shall be on a per project basis covering the Contractor with 13 minimum limits of: 14 15 $1,000,000 each occurrence 16 $2,000,000 aggregate limit 17 18 The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the 19 General Aggregate Limits apply separately to each job site. 20 21 The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. 22 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 23 24 SC 6.04C., “Contractor’s Insurance” 25 6.04C. Automobile Liability, under Paragraph GC-6.04C. Contractor’s Liability Insurance under 26 Paragraph GC-6.04C., which shall be in an amount not less than the following amounts: 27 28 (1)Automobile Liability - a commercial business policy shall provide coverage on "Any Auto",29 defined as autos owned, hired and non-owned.30 31 $1,000,000 each accident on a combined single limit basis. 32 33 SC-6.04D., “Contractor’s Insurance” 34 35 The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and 36 material deliveries to cross railroad properties and tracks, or perform work within 25 feet of the center line 37 of tracks: None. 38 39 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 40 hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 41 or other property. Such operations on railroad properties may require that Contractor to execute a “Right of 42 Entry Agreement” with the particular railroad company or companies involved, and to this end the 43 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 44 the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate 45 to the Contractor’s use of private and/or construction access roads crossing said railroad company’s 46 properties. 47 48 The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide 49 coverage for not less than the following amounts, issued by companies satisfactory to the City and to the 50 Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, 51 occupy, or touch railroad property: 52 53 (1)General Aggregate:$Confirm Limits with Railroad 54 IFB#8936240002-1 00 73 00 SUPPLEMENTARY CONDITIONS Page 4 of 6 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 27, 2023 Effective February 27, 2023 1 (2)Each Occurrence:$Confirm Limits with Railroad 2 3 Required for this Contract X Not required for this Contract 4 <Provide an “X” next to the appropriate selection above based on the Contract requirements> 5 6 With respect to the above outlined insurance requirements, the following shall govern: 7 8 1.Where a single railroad company is involved, the Contractor shall provide one insurance policy in9 the name of the railroad company. However, if more than one grade separation or at-grade10 crossing is affected by the Project at entirely separate locations on the line or lines of the same11 railroad company, separate coverage may be required, each in the amount stated above.12 13 2.Where more than one railroad company is operating on the same right-of-way or where several14 railroad companies are involved and operated on their own separate rights-of-way, the Contractor15 may be required to provide separate insurance policies in the name of each railroad company.16 17 3.If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a18 railroad company’s right-of-way at a location entirely separate from the grade separation or at-19 grade crossing, insurance coverage for this work must be included in the policy covering the grade20 separation.21 22 4.If no grade separation is involved but other work is proposed on a railroad company’s right-of-23 way, all such other work may be covered in a single policy for that railroad, even though the work24 may be at two or more separate locations.25 26 No work or activities on a railroad company’s property to be performed by the Contractor shall be 27 commenced until the Contractor has furnished the City with an original policy or policies of the insurance 28 for each railroad company named, as required above. All such insurance must be approved by the City and 29 each affected Railroad Company prior to the Contractor’s beginning work. 30 31 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 32 has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, 33 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. 34 Such insurance must name the railroad company as the insured, together with any tenant or lessee of the 35 railroad company operating over tracks involved in the Project. 36 37 SC 6.04F., “Contractor’s Insurance” 38 Add Paragraph 6.04F. Environmental Impairment/Pollution 39 40 Environmental Impairment/Pollution Insurance to include coverage for the handling, receiving, dispensing, 41 removal, storage, testing, transportation, disposal, discharge, dispersal release or escape of any hazardous 42 material into or upon land, or any structure on land, the atmosphere or any watercourse or body of water, 43 including ground water, with a minimum combined bodily injury (including death) and property damage 44 limit of $1,000,000 per occurrence to be obtained upon substantial completion and acceptance of facility by 45 the City. 46 47 SC-7.08C., “Concerning Subcontractors and Suppliers” 48 49 The following subcontractors shall be required to be utilized by the Contractor for specific portions of the 50 Work as indicated below: 51 52 Required Subcontractors 53 IFB#8936240002-1 00 73 00 SUPPLEMENTARY CONDITIONS Page 5 of 6 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 27, 2023 Effective February 27, 2023 SUBCONTRACTOR COMPANY NAME DESCRIPTION OF WORK TO BE PERFORMED None 1 SC-7.11., “Permits and Utilities” 2 3 SC-7.11A., “Contractor obtained permits and licenses” 4 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 5 6 1.None7 8 SC-7.11B. “City obtained permits and licenses” 9 The following are known permits and/or licenses required by the Contract to be acquired by the City: 10 11 1.TxDOT Permit12 13 SC-7.11C. “Outstanding permits and licenses” 14 15 The following is a list of known outstanding permits and/or licenses to be acquired, if any as of November 16 24, 2025: 17 18 Outstanding Permits and/or Licenses to Be Acquired 19 OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None 20 SC-8.02., “Coordination” 21 22 The individuals or entities listed below have contracts with the City for the performance of other work at 23 the Site: 24 25 Vendor Scope of Work Coordination Authority None 26 SC-10.01B., “City’s Project Manager” 27 28 The City’s Project Manager for this Contract is Zoro Gomez, or his successor pursuant to written 29 notification from the City Engineer. 30 31 SC-13.02B.. “Tests and Inspections” 32 33 None 34 35 SC-14.01G, “Reduction in Payment” 36 37 Add Paragraph 14.01G.3: 38 39 3.City may reduce payments to the Contractor, if the number of Days that have passed after the date40 listed on the Notice to Proceed exceeds the Contract Time for Substantial Completion.41 42 IFB#8936240002-1 00 73 00 SUPPLEMENTARY CONDITIONS Page 6 of 6 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 27, 2023 Effective February 27, 2023 SC-16.01C.1, “Methods and Procedures” 1 2 None 3 4 SC – 17.01, “Documents” 5 6 Any documents submitted to the City in electronic format shall be considered equivalent to an original of 7 such document. 8 9 10 11 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE IFB#8936240002-1 00 73 73 FORM 1295 - CERTIFICATE OF INTERESTED PARTIES Page 1 of 1 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 00 73 731 FORM 1295 - CERTIFICATE OF INTERESTED PARTIES2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 END OF SECTION22 IFB#8936240002-1 01 11 00 SUMMARY OF WORK Page 1 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 SECTION 01 11 00 1 SUMMARY OF WORK 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A.Section Includes:5 1.Summary of Work to be performed in accordance with the Contract Documents6 B.Deviations from this City of Denton Standard Specification7 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 Contract10 2.Division 1 - General Requirements11 1.2 PRICE AND PAYMENT PROCEDURES 12 A.Measurement and Payment13 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.Work Covered by Contract Documents18 1.Work is to include furnishing all labor, materials, and equipment, and performing19 all Work necessary for this construction project as detailed in the Drawings and20 Specifications.21 B.Incidental Work22 1.Any and all Work specifically governed by documentary requirements for the23 project, such as conditions imposed by the Contract Documents in which no24 specific item for bid has been provided for in the Proposal, then the item shall be25 considered as an incidental item of Work, the cost of which shall be included in the26 price bid in the Proposal for various bid items.27 C.Use of Premises28 1.Coordinate uses of premises under direction of the City.29 2.Assume full responsibility for protection and safekeeping of materials and30 equipment stored on the Site.31 3.Use and occupy only portions of the public streets and alleys, or other public places32 or other rights-of-way as provided for in the ordinances of the City, as shown in the33 Contract Documents, or as may be specifically authorized in writing by the City.34 a.A reasonable amount of tools, materials, and equipment for construction35 purposes may be stored in such space, but no more than is necessary to avoid36 delay in the construction operations.37 IFB#8936240002-1 01 11 00 SUMMARY OF WORK Page 2 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 b.Excavated and waste materials shall be stored in such a way as not to interfere 1 with the use of spaces that may be designated to be left free and unobstructed 2 and so as not to inconvenience occupants of adjacent property. 3 c.If the street is occupied by railroad tracks, the Work shall be carried on in such4 manner as not to interfere with the operation of the railroad.5 1)All Work shall be in accordance with railroad requirements set forth in6 Division 0 as well as the railroad permit.7 D.Work within Easements8 1.Do not enter upon private property for any purpose without having previously9 obtained permission from the owner of such property.10 2.Do not store equipment or material on private property unless and until the11 specified approval of the property owner has been secured in writing by the12 Contractor and a copy furnished to the City.13 3.Unless specifically provided otherwise, clear all rights-of-way or easements of14 obstructions which must be removed to make possible proper prosecution of the15 Work as a part of the project construction operations.16 4.Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants,17 lawns, fences, culverts, curbing, and all other types of structures or improvements,18 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or19 appurtenances thereof, including the construction of temporary fences and to all20 other public or private property adjacent to the Work.21 5.Notify the proper representatives of the owners or occupants of the public or private22 lands of interest in lands which might be affected by the Work.23 a.Such notice shall be made at least 48 hours in advance of the beginning of the24 Work.25 b.Notices shall be applicable to both public and private utility companies and any26 corporation, company, individual, or other, either as owners or occupants,27 whose land or interest in land might be affected by the Work.28 c.Be responsible for all damage or injury to property of any character resulting29 from any act, omission, neglect, or misconduct in the manner or method or30 execution of the Work, or at any time due to defective work, material, or31 equipment.32 6.Fence33 a.Restore all fences encountered and removed during construction of the Work to34 the original or a better than original condition.35 b.Erect temporary fencing in place of the fencing removed whenever the Work is36 not in progress and when the site is vacated overnight, and/or at all times to37 provide site security.38 c.The cost for all fence work within easements, including removal, temporary39 closures and replacement, shall be incidental to the various items bid in the40 project proposal, unless a bid item is specifically provided in the proposal.41 IFB#8936240002-1 01 11 00 SUMMARY OF WORK Page 3 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 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 IFB#8936240002-1 01 25 00 SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 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 not6 equivalent to a product which is specified by descriptive or performance criteria or7 defined by reference to 1 or more of the following:8 a.Name of manufacturer9 b.Name of vendor10 c.Trade name11 d.Catalog number12 2.Substitutions are not "or-equals".13 B.Deviations from this City of Denton Standard Specification14 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 Contract17 2.Division 1 – General Requirements18 1.2 PRICE AND PAYMENT PROCEDURES 19 A.Measurement and Payment20 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 - General25 1.Within 30 days after award of Contract (unless noted otherwise), the City will26 consider formal requests from Contractor for substitution of products in place of27 those specified.28 2.Certain types of equipment and kinds of material are described in Specifications by29 means of references to names of manufacturers and vendors, trade names, or30 catalog numbers.31 a.When this method of specifying is used, it is not intended to exclude from32 consideration other products bearing other manufacturer's or vendor's names,33 trade names, or catalog numbers, provided said products are "or-equals," as34 determined by City.35 3.Other types of equipment and kinds of material may be acceptable substitutions36 under the following conditions:37 a.Or-equals are unavailable due to strike, discontinued production of products38 meeting specified requirements, or other factors beyond control of Contractor;39 or,40 IFB#8936240002-1 01 25 00 SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 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 Substitution4 1.Substitution shall be considered only:5 a.After award of Contract6 b.Under the conditions stated herein7 2.Submit one PDF copy via email to the Project Manager and their duly appointed8 representative, including:9 a.Documentation10 1)Complete data substantiating compliance of proposed substitution with11 Contract Documents12 2)Data relating to changes in construction schedule, when a reduction is13 proposed14 3)Data relating to changes in cost15 b.For products16 1)Product identification17 a)Manufacturer's name18 b)Telephone number and representative contact name19 c)Specification Section or Drawing reference of originally specified20 product, including discrete name or tag number assigned to original21 product in the Contract Documents22 2)Manufacturer's literature clearly marked to show compliance of proposed23 product with Contract Documents24 3)Itemized comparison of original and proposed product addressing product25 characteristics including, but not necessarily limited to:26 a)Size27 b)Composition or materials of construction28 c)Weight29 d)Electrical or mechanical requirements30 4)Product experience31 a)Location of past projects utilizing product32 b)Name and telephone number of persons associated with referenced33 projects knowledgeable concerning proposed product34 c)Available field data and reports associated with proposed product35 5)Samples36 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 method40 2)Illustration drawings41 C.Approval or Rejection42 1.Written approval or rejection of substitution given by the City43 2.City reserves the right to require proposed product to comply with color and pattern44 of specified product if necessary to secure design intent.45 3.In the event the substitution is approved, the resulting cost and/or time reduction46 will be documented by Change Order in accordance with the General Conditions.47 IFB#8936240002-1 01 25 00 SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 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 approval3 b.Request is not made in accordance with this Specification Section4 c.In the City’s opinion, acceptance will require substantial revision of the original5 design6 d.In the City’s opinion, substitution will not perform adequately the function7 consistent with the design intent8 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 Contractor13 represents that the Contractor:14 1.Has investigated proposed product, and has determined that it is adequate or15 superior in all respects to that specified, and that it will perform function for which16 it is intended17 2.Will provide same guarantee for substitute item as for product specified18 3.Will coordinate installation of accepted substitution into Work, to include building19 modifications if necessary, making such changes as may be required for Work to be20 complete in all respects21 4.Waives all claims for additional costs related to substitution which subsequently22 arise23 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 IFB#8936240002-1 01 25 00 SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 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 engineering17 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 IFB#8936240002-1 01 29 76 STORED MATERIALS (MATERIALS ON HAND) Page 1 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 SECTION 01 29 76 1 STORED MATERIALS AND EQUIPMENT (MATERIALS ON HAND) 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A.Section Includes:5 1.The procedure for requesting payment for stored materials and equipment6 (materials on hand).7 B.Deviations from this City of Denton Standard Specification:8 1.None.9 C.Related Specification Sections include but are not limited to:10 1.Division 0 - Bidding Requirements, Contract Forms, and Conditions of the11 Contract.12 2.Division 1 - General Requirements.13 1.2 PRICE AND PAYMENT PROCEDURES 14 A.Measurement and Payment15 1.Work associated with this item is considered incidental to the various items bid. No16 separate payment will be allowed for this item.17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A.Request for Payment of Stored Materials and Equipment20 1.Provide written request to City, if payment is requested on the basis of approved21 materials and equipment delivered and stored at the Site, or other agreed upon22 location, in accordance with the Contract Documents, and which will not be23 incorporated into the Work for a minimum of thirty (30) days from delivery.24 B.Payment for Materials and Equipment25 1.Payment will be made in accordance with Article 14 of the General Conditions, less26 retainage.27 2.Payment will not exceed the total estimated quantity required to complete the28 Work.29 3.The amounts advanced for stored materials and equipment will be deducted from30 payments to the Contractor as the materials or equipment are incorporated into the31 Work.32 4.Payment for stored materials and equipment will not constitute acceptance of the33 relevant portion of the Work which the materials will be incorporated into.34 C.Allowed Materials and Equipment35 IFB#8936240002-1 01 29 76 STORED MATERIALS (MATERIALS ON HAND) Page 2 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 1.Payment for stored materials and equipment will be limited to major items1 associated with the Work. Perishable articles and small warehouse items will not2 be considered for payment for this item. Examples of major items associated with3 the Work include the following items:4 a.None5 2.All items submitted for payment will be subject to approval for payment by relevant6 City departments and the City Project Manager.7 D.Returned Materials/Equipment8 1.Should stored materials/equipment that have been paid for under this Section need9 to be returned for any reason, the Contractor shall bear any fees associated with the10 return.11 E.Contractor shall save the City harmless in the event of loss or damage of12 materials/equipment for which advance payments have been made in accordance with13 this Section.14 1.5 SUBMITTALS 15 A.Provide a certified inventory of the quantity of each stored item and accompanying16 invoice.17 B.Within thirty (30) days after the Contractor receives payment for stored materials or18 equipment, provide a copy of a certified paid invoice statement for each item for which19 payment has been made by Contractor.20 1.If certification of payment is not presented within the thirty (30) day period, the21 advanced payment will be deducted from the next progress payment.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, STORAGE, AND HANDLING 27 A.Delivery and Acceptance Requirements28 B.Storage and Handling Requirements29 1.Secure and maintain a location to store the materials and equipment in accordance30 with Section 01 66 00.31 1.11 FIELD CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2 - PRODUCTS [NOT USED] 34 PART 3 - EXECUTION [NOT USED] 35 36 IFB#8936240002-1 01 29 76 STORED MATERIALS (MATERIALS ON HAND) Page 3 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 END OF SECTION 1 2 Revision Log DATE NAME SUMMARY OF CHANGE 3 IFB#8936240002-1 01 31 19 PRECONSTRUCTION MEETING Page 1 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 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 to6 clarify construction contract administration procedures7 B.Deviations from this City of Denton Standard Specification8 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 Contract11 2.Division 1 – General Requirements12 1.2 PRICE AND PAYMENT PROCEDURES 13 A.Measurement and Payment14 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.Coordination19 1.Attend preconstruction meeting.20 2.Representatives of Contractor, subcontractors and suppliers attending meetings21 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 for24 future reference.25 4.Project Manager will establish their duly authorized representative(s) authorized to26 make decisions as identified in the Contract Documents.27 B.Preconstruction Meeting28 1.A preconstruction meeting will be held within 14 days after the execution of the29 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 meeting32 and distribute copies of same to all participants who so request by fully completing33 the attendance form to be circulated at the beginning of the meeting.34 3.Attendance shall include:35 a.Project Manager36 b.Project Manager’s duly authorized representative (if any)37 c.Contractor's project manager38 IFB#8936240002-1 01 31 19 PRECONSTRUCTION MEETING Page 2 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 d. Contractor's superintendent 1 e.Any subcontractor or supplier representatives whom the Contractor may desire2 to invite or the City may request3 f.Other City representatives4 g.Others as appropriate5 4.Construction Schedule6 a.Prepare baseline construction schedule in accordance with Section 01 32 16 and7 provide at Preconstruction Meeting.8 b.City will notify Contractor of any schedule changes upon Notice of9 Preconstruction Meeting.10 5.Preliminary Agenda may include:11 a.Introduction of Project Personnel12 b.General Description of Project13 c.Status of right-of-way, utility clearances, easements or other pertinent permits14 d.Contractor’s work plan and schedule15 e.Contract Time16 f.Notice to Proceed17 g.Construction Staking18 h.Progress Payments19 i.Extra Work and Change Order Procedures20 j.Field Orders21 k.Disposal Site Letter for Waste Material22 l.Insurance Renewals23 m.Payroll Certification24 n.Material Certifications and Quality Control Testing25 o.Public Safety and Convenience26 p.Documentation of Pre-Construction Conditions27 q.Weekend Work Notification28 r.Legal Holidays29 s.Trench Safety Plans30 t.Confined Space Entry Standards31 u.Coordination with the City’s representative for operations of existing water32 systems33 v.Storm Water Pollution Prevention Plan34 w.Coordination with other Contractors35 x.Early Warning System36 y.Contractor Evaluation37 z.Special Conditions applicable to the project38 aa. Damages Claims39 bb. Submittal Procedures40 cc.Substitution Procedures41 dd.Correspondence Routing42 ee. Record Drawings43 ff. Temporary construction facilities44 gg. Final Acceptance45 hh. Final Payment46 ii.Communications Plan47 jj. Questions or Comments48 IFB#8936240002-1 01 31 19 PRECONSTRUCTION MEETING Page 3 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 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 IFB#8936240002-1 01 31 20 PROJECT MEETINGS Page 1 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 SECTION 01 31 20 1 PROJECT MEETINGS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A.Section Includes:5 1.Provisions for project meetings throughout the construction period to enable orderly6 review of the progress of the Work and to provide for systematic discussion of7 potential problems8 B.Deviations this City of Denton Standard Specification9 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 Contract12 2.Division 1 – General Requirements13 1.2 PRICE AND PAYMENT PROCEDURES 14 A.Measurement and Payment15 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 19 A.Coordination20 1.Schedule, attend and administer as specified, periodic progress meetings, and21 specially called meetings throughout progress of the Work.22 2.Representatives of Contractor, subcontractors and suppliers attending meetings23 shall be qualified and authorized to act on behalf of the entity each represents.24 3.Meetings administered by City may be recorded.25 4.Meetings, in addition to those specified in this Section, may be held when requested26 by the City, Engineer or Contractor.27 B.Pre-Construction Neighborhood Meeting28 1.After the execution of the Agreement, but before construction is allowed to begin,29 attend 1 Public Meeting with affected residents to:30 a.Present projected schedule, including construction start date31 b.Answer any construction related questions32 2.Meeting Location33 a.Location of meeting to be determined by the City.34 3.Attendees35 a.Contractor36 b.Project Manager37 c.Other City representatives38 IFB#8936240002-1 01 31 20 PROJECT MEETINGS Page 2 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 4.Meeting Schedule1 a.In general, the neighborhood meeting will occur within the 2 weeks following2 the pre-construction conference.3 b.In no case will construction be allowed to begin until this meeting is held.4 C.Progress Meetings5 1.Formal project coordination meetings will be held every two weeks. Meetings will6 be scheduled and administered by Project Manager.7 a.Additional meetings may be held at the request of the :8 1)City9 2)Engineer10 3)Contractor11 2.Additional progress meetings to discuss specific topics will be conducted on an as-12 needed basis. Such additional meetings shall include, but not be limited to:13 a.Coordinating shutdowns14 b.Installation of piping and equipment15 c.Coordination between other construction projects16 d.Resolution of construction issues17 e.Equipment approval18 3.The Project Manager will preside at progress meetings, prepare the notes of the19 meeting and distribute copies of the same to all participants who so request by fully20 completing the attendance form to be circulated at the beginning of each meeting.21 4.Attendance shall include:22 a.Contractor's project manager23 b.Contractor's superintendent24 c.Any subcontractor or supplier representatives whom the Contractor may desire25 to invite or the City may request26 d.Engineer's representatives27 e.City’s representatives28 f.Others, as requested by the Project Manager29 5.Preliminary Agenda may include:30 a.Review of Work progress since previous meeting31 b.Field observations, problems, conflicts32 c.Items which impede construction schedule33 d.Review of off-site fabrication, delivery schedules34 e.Review of construction interfacing and sequencing requirements with other35 construction contracts36 f.Corrective measures and procedures to regain projected schedule37 g.Revisions to construction schedule38 h.Progress, schedule, during succeeding Work period39 i.Coordination of schedules40 j.Review submittal schedules41 k.Maintenance of quality standards42 l.Pending changes and substitutions43 m.Review proposed changes for:44 1)Effect on construction schedule and on completion date45 2)Effect on other contracts of the Project46 n.Review Record Documents47 o.Review monthly pay request48 IFB#8936240002-1 01 31 20 PROJECT MEETINGS Page 3 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 p.Review status of Requests for Information 1 6.Meeting Location2 a.The City will establish a meeting location.3 1)To the extent practicable, meetings will be held at the Site.4 1.5 SUBMITTALS [NOT USED] 5 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 6 1.7 CLOSEOUT SUBMITTALS [NOT USED] 7 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 8 1.9 QUALITY ASSURANCE [NOT USED] 9 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 10 1.11 FIELD [SITE] CONDITIONS [NOT USED] 11 1.12 WARRANTY [NOT USED] 12 PART 2 - PRODUCTS [NOT USED] 13 PART 3 - EXECUTION [NOT USED] 14 END OF SECTION 15 16 Revision Log DATE NAME SUMMARY OF CHANGE 17 IFB#8936240002-1 01 32 16 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 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 and6 management of the Construction Progress Schedule7 B.Deviations from this City of Denton Standard Specification8 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 Contract11 2.Division 1 – General Requirements12 1.2 PRICE AND PAYMENT PROCEDURES 13 A.Measurement and Payment14 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.Definitions18 1.Baseline Schedule - Initial schedule submitted before work begins that will serve19 as the baseline for measuring progress and departures from the schedule.20 2.Progress Schedule - Monthly submittal of a progress schedule documenting21 progress on the project and any changes anticipated.22 3.Schedule Narrative - Concise narrative of the schedule including schedule23 changes, expected delays, key schedule issues, critical path items, etc24 B.Reference Standards25 1.None26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A.Baseline Schedule28 1.General29 a.Prepare a baseline Schedule using approved software and the Critical Path30 Method (CPM).31 b.Review the draft baseline Schedule with the City to demonstrate understanding32 of the work to be performed and known issues and constraints related to the33 schedule.34 c.Designate an authorized representative (Project Scheduler) responsible for35 developing and updating the schedule and preparing reports.36 B.Progress Schedule37 IFB#8936240002-1 01 32 16 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 1.Update the progress Schedule monthly. 1 2.Prepare the Schedule Narrative to accompany the monthly progress Schedule.2 3.Change Orders3 a.Incorporate approved change orders, resulting in a change of contract time, in4 the baseline Schedule.5 C.Responsibility for Schedule Compliance6 1.Whenever it becomes apparent from the current progress Schedule and CPM Status7 Report that delays to the critical path have resulted and the Contract completion8 date will not be met, or when so directed by the City, make some or all of the9 following actions at no additional cost to the City10 a.Submit a Recovery Plan to the City for approval revised baseline Schedule11 outlining:12 1)A written statement of the steps intended to take to remove or arrest the13 delay to the critical path in the approved schedule14 2)Increase construction manpower in such quantities and crafts as will15 substantially eliminate the backlog of work and return current Schedule to16 meet projected baseline completion dates17 3)Increase the number of working hours per shift, shifts per day, working18 days per week, the amount of construction equipment, or any combination19 of the foregoing, sufficiently to substantially eliminate the backlog of work20 4)Reschedule activities to achieve maximum practical concurrency of21 accomplishment of activities, and comply with the revised schedule22 2.If no written statement of the steps intended to take is submitted when so requested23 by the City, the City may direct the Contractor to increase the level of effort in24 manpower (trades), equipment and work schedule (overtime, weekend and holiday25 work, etc.) to be employed by the Contractor in order to remove or arrest the delay26 to the critical path in the approved schedule.27 a.No additional cost for such work will be considered.28 D.The Contract completion time will be adjusted only for causes specified in this29 Contract.30 a.Requests for an extension of any Contract completion date must be31 supplemented with the following:32 1)Furnish justification and supporting evidence as the City may deem33 necessary to determine whether the requested extension of time is entitled34 under the provisions of this Contract.35 a)The City will, after receipt of such justification and supporting36 evidence, make findings of fact and will advise the Contractor, in37 writing thereof.38 2)If the City finds that the requested extension of time is entitled, the City's39 determination as to the total number of days allowed for the extensions40 shall be based upon the approved total baseline schedule and on all data41 relevant to the extension.42 a)Such data shall be included in the next updating of the Progress43 schedule.44 b)Actual delays in activities which, according to the Baseline schedule,45 do not affect any Contract completion date shown by the critical path in46 the network will not be the basis for a change therein.47 IFB#8936240002-1 01 32 16 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 2.Submit each request for change in Contract completion date to the City within 30 1 days after the beginning of the delay for which a time extension is requested but 2 before the date of final payment under this Contract. 3 a.No time extension will be granted for requests which are not submitted within4 the foregoing time limit.5 b.From time to time, it may be necessary for the Contract schedule or completion6 time to be adjusted by the City to reflect the effects of job conditions, weather,7 technical difficulties, strikes, unavoidable delays on the part of the City or its8 representatives, and other unforeseeable conditions which may indicate9 schedule adjustments or completion time extensions.10 1)Under such conditions, the City will direct the Contractor to reschedule the11 work or Contract completion time to reflect the changed conditions and the12 Contractor shall revise his schedule accordingly.13 a)No additional compensation will be made to the Contractor for such14 schedule changes except for unavoidable overall contract time15 extensions beyond the actual completion of unaffected work, in which16 case the Contractor shall take all possible action to minimize any time17 extension and any additional cost to the City.18 b)Available float time in the Baseline schedule may be used by the City19 as well as by the Contractor.20 3.Float or slack time is defined as the amount of time between the earliest start date21 and the latest start date or between the earliest finish date and the latest finish date22 of a chain of activities on the Baseline Schedule.23 a.Float or slack time is not for the exclusive use or benefit of either the24 Contractor or the City.25 b.Proceed with work according to early start dates, and the City shall have the26 right to reserve and apportion float time according to the needs of the project.27 c.Acknowledge and agree that actual delays, affecting paths of activities28 containing float time, will not have any effect upon contract completion times,29 providing that the actual delay does not exceed the float time associated with30 those activities.31 E.Coordinating Schedule with Other Contract Schedules32 1.Where work is to be performed under this Contract concurrently with or contingent33 upon work performed on the same facilities or area under other contracts, the34 Baseline Schedule shall be coordinated with the schedules of the other contracts.35 a.Obtain the schedules of the other appropriate contracts from the City for the36 preparation and updating of Baseline schedule and make the required changes37 in his schedule when indicated by changes in corresponding schedules.38 2.In case of interference between the operations of different contractors, the City will39 determine the work priority of each contractor and the sequence of work necessary40 to expedite the completion of the entire Project.41 a.In such cases, the decision of the City shall be accepted as final.42 b.The temporary delay of any work due to such circumstances shall not be43 considered as justification for claims for additional compensation.44 1.5 SUBMITTALS 45 A.Baseline Schedule46 1.Submit Schedule in native file format and pdf format.47 IFB#8936240002-1 01 32 16 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 a.Native file format shall be: 1 1)Microsoft Project2 2.Submit draft baseline Schedule to City prior to the pre-construction meeting and3 bring in hard copy to the meeting for review and discussion.4 B.Progress Schedule5 1.Submit progress Schedule in native file format and pdf format.6 2.Submit progress Schedule monthly no later than the 25th day of the month.7 C.Schedule Narrative8 1.Submit the schedule narrative in pdf format.9 2.Submit schedule narrative monthly no later than the 25th day of the month.10 D.Submittal Process11 1.12 2.Contractor shall submit one (1) hard copy of documents to the Project Manager’s13 duly appointed representative.14 3.Contractor shall submit documents via email to the Project Manager and their duly15 appointed representative.16 4.Once the project has been completed and Final Acceptance has been issued by the17 City, no further progress schedules are required.18 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 19 1.7 CLOSEOUT SUBMITTALS [NOT USED] 20 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 21 1.9 QUALITY ASSURANCE 22 A.The person preparing and revising the construction Progress Schedule shall be23 experienced in the preparation of schedules of similar complexity.24 B.Schedule and supporting documents addressed in this Specification shall be prepared,25 updated and revised to accurately reflect the performance of the construction.26 C.Contractor is responsible for the quality of all submittals in this section meeting the27 standard of care for the construction industry for similar projects.28 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 29 1.11 FIELD [SITE] CONDITIONS [NOT USED] 30 1.12 WARRANTY [NOT USED] 31 PART 2 - PRODUCTS [NOT USED] 32 PART 3 - EXECUTION [NOT USED] 33 END OF SECTION 34 Revision Log IFB#8936240002-1 01 32 16 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 DATE NAME SUMMARY OF CHANGE 1 IFB#8936240002-1 01 32 33 PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 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 Videos7 B.Deviations from this City of Denton Standard Specification8 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 Contract11 2.Division 1 – General Requirements12 1.2 PRICE AND PAYMENT PROCEDURES 13 A.Measurement and Payment14 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 Video19 1.Produce a preconstruction video of the site/alignment, including all areas in the20 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 surety23 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 IFB#8936240002-1 01 32 33 PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 PART 3 - EXECUTION [NOT USED] 1 END OF SECTION 2 3 Revision Log DATE NAME SUMMARY OF CHANGE 4 IFB#8936240002-1 01 33 00 SUBMITTALS Page 1 of 8 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 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 following6 Work-related submittals:7 a.Shop Drawings8 b.Product Data (including Project Material Submittal Checklist submittals)9 c.Samples10 d.Mock Ups11 B.Deviations from this City of Denton Standard Specification12 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 Contract15 2.Division 1 – General Requirements16 1.2 PRICE AND PAYMENT PROCEDURES 17 A.Measurement and Payment18 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.Coordination23 1.Notify the City in writing, at the time of submittal, of any deviations in the24 submittals from the requirements of the Contract Documents.25 2.Coordination of Submittal Times26 a.Prepare, prioritize and transmit each submittal sufficiently in advance of27 performing the related Work or other applicable activities, or within the time28 specified in the individual Work Sections, of the Specifications.29 b.Contractor is responsible such that the installation will not be delayed by30 processing times including, but not limited to:31 a)Disapproval and resubmittal (if required)32 b)Coordination with other submittals33 c)Testing34 d)Purchasing35 e)Fabrication36 f)Delivery37 g)Similar sequenced activities38 c.No extension of time will be authorized because of the Contractor's failure to39 transmit submittals sufficiently in advance of the Work.40 IFB#8936240002-1 01 33 00 SUBMITTALS Page 2 of 8 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 d.Make submittals promptly in accordance with approved schedule, and in such 1 sequence as to cause no delay in the Work or in the work of any other 2 contractor. 3 B.Submittal Numbering4 1.When submitting shop drawings or samples, utilize a submittal cross-reference5 identification numbering system in the following manner:6 a.Use the applicable Specification Section Number.7 b.For the next 2 digits number use numbers 01-99 to sequentially number each8 initial separate item or drawing submitted under each specific Section number.9 c.Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e.10 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical11 submittal number would be as follows:12 13 303-02-B14 15 1)303 is the Specification Section for Portland Cement Concrete Pavement16 2)02 is the second initial submittal under this Specification Section17 3)B is the third submission (second resubmission) of that particular shop18 drawing19 C.Contractor Certification20 1.Review shop drawings, product data and samples, including those by21 subcontractors, prior to submission to determine and verify the following:22 a.Field measurements23 b.Field construction criteria24 c.Catalog numbers and similar data25 d.Conformance with the Contract Documents26 2.Provide each shop drawing, sample and product data submitted by the Contractor27 with a Certification Statement affixed including:28 a.The Contractor's Company name29 b.Signature of submittal reviewer30 c.Certification Statement31 1)“By this submittal, I hereby represent that I have determined and verified32 field measurements, field construction criteria, materials, dimensions,33 catalog numbers and similar data and I have checked and coordinated each34 item with other applicable approved shop drawings."35 D.Submittal Format36 1.Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches.37 2.Bind shop drawings and product data sheets together.38 3.Order39 a.Cover Sheet40 1)Description of Packet41 2)Contractor Certification42 b.List of items / Table of Contents43 c.Product Data /Shop Drawings/Samples /Calculations44 E.Submittal Content45 1.The date of submission and the dates of any previous submissions46 IFB#8936240002-1 01 33 00 SUBMITTALS Page 3 of 8 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 2.The Project title and number1 3.Contractor identification2 4.The names of:3 a.Contractor4 b.Supplier5 c.Manufacturer6 5.Identification of the product, with the Specification Section number, page and7 paragraph(s)8 6.Field dimensions, clearly identified as such9 7.Relation to adjacent or critical features of the Work or materials10 8.Applicable standards, such as ASTM or Federal Specification numbers11 9.Identification by highlighting of deviations from Contract Documents12 10.Identification by highlighting of revisions on resubmittals13 11.An 8-inch x 3-inch blank space for Contractor and City stamps14 F.Shop Drawings15 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 drawings18 b.Scheduled information19 c.Setting diagrams20 d.Actual shopwork manufacturing instructions21 e.Custom templates22 f.Special wiring diagrams23 g.Coordination drawings24 h.Individual system or equipment inspection and test reports including:25 1)Performance curves and certifications26 i.As applicable to the Work27 2.Details28 a.Relation of the various parts to the main members and lines of the structure29 b.Where correct fabrication of the Work depends upon field measurements30 1)Provide such measurements and note on the drawings prior to submitting31 for approval.32 G.Product Data33 1.For submittals of product data for products included on the City’s Product Material34 Submittal Checklist, highlight each item selected for use on the Project.35 2.For submittals of product data for products not included on the City’s Product36 Material Submittal Checklist, submittal data may include, but is not necessarily37 limited to:38 a.Standard prepared data for manufactured products (sometimes referred to as39 catalog data)40 1)Such as the manufacturer's product specification and installation41 instructions42 2)Availability of colors and patterns43 3)Manufacturer's printed statements of compliances and applicability44 4)Roughing-in diagrams and templates45 5)Catalog cuts46 IFB#8936240002-1 01 33 00 SUBMITTALS Page 4 of 8 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 6)Product photographs1 7)Standard wiring diagrams2 8)Printed performance curves and operational-range diagrams3 9)Production or quality control inspection and test reports and certifications4 10)Mill reports5 11)Product operating and maintenance instructions and recommended6 spare-parts listing and printed product warranties7 12)As applicable to the Work8 3.Submittals of product data for products not included on the City’s Product Material9 Submittal Checklist may be considered a Substitution in accordance with Section10 01 25 00.11 4.All deviations from City’s Product Material Submittal Checklist shall require12 approval by the Engineer of Record for the Project.13 H.Samples14 1.As specified in individual Sections, include, but are not necessarily limited to:15 a.Physical examples of the Work such as:16 1)Sections of manufactured or fabricated Work17 2)Small cuts or containers of materials18 3)Complete units of repetitively used products color/texture/pattern swatches19 and range sets20 4)Specimens for coordination of visual effect21 5)Graphic symbols and units of Work to be used by the City for independent22 inspection and testing, as applicable to the Work23 I.Do not start Work requiring a shop drawing, sample or product data nor any material to24 be fabricated or installed prior to the approval or qualified approval of such item.25 1.Fabrication performed, materials purchased or on-site construction accomplished26 which does not conform to approved shop drawings and data is at the Contractor's27 risk.28 2.The City will not be liable for any expense or delay due to corrections or remedies29 required to accomplish conformity.30 3.Complete project Work, materials, fabrication, and installations in conformance31 with approved shop drawings, applicable samples, and product data.32 J.Submittal Distribution33 1.Electronic Distribution34 a.Provide all submittals in electronic form via email to Project Manager and their35 duly appointed representative.36 b.Shop Drawings37 1)Email submittal to Project Manager and their duly appointed representative.38 2)Hard Copies39 a)Not required40 c.Product Data41 1)Email submittal to Project Manager and their duly appointed representative.42 2)Hard Copies43 a)Not required44 d.Samples45 1)Distributed to the Project Manager46 IFB#8936240002-1 01 33 00 SUBMITTALS Page 5 of 8 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 K.Submittal Review1 1.The review of shop drawings, data and samples will be for general conformance2 with the design concept and Contract Documents. This is not to be construed as:3 a.Permitting any departure from the Contract requirements4 b.Relieving the Contractor of responsibility for any errors, including details,5 dimensions, and materials6 c.Approving departures from details furnished by the City, except as otherwise7 provided herein8 2.The review and approval of shop drawings, samples or product data by the City9 does not relieve the Contractor from his/her responsibility with regard to the10 fulfillment of the terms of the Contract.11 a.All risks of error and omission are assumed by the Contractor, and the City will12 have no responsibility therefore.13 3.The Contractor remains responsible for details and accuracy, for coordinating the14 Work with all other associated work and trades, for selecting fabrication processes,15 for techniques of assembly and for performing Work in a safe manner.16 4.If the shop drawings, data or samples as submitted describe variations and show a17 departure from the Contract requirements which City finds to be in the interest of18 the City and to be so minor as not to involve a change in Contract Price or time for19 performance, the City may return the reviewed drawings without noting an20 exception.21 5.Submittals will be returned to the Contractor under 1 of the following codes:22 a.Code 123 1)"NO EXCEPTIONS TAKEN" is assigned when there are no notations or24 comments on the submittal.25 a)When returned under this code the Contractor may release the26 equipment and/or material for manufacture.27 b.Code 228 1)"EXCEPTIONS NOTED". This code is assigned when a confirmation of29 the notations and comments IS NOT required by the Contractor.30 a)The Contractor may release the equipment or material for manufacture;31 however, all notations and comments must be incorporated into the32 final product.33 c.Code 334 1)"EXCEPTIONS NOTED/RESUBMIT". This combination of codes is35 assigned when notations and comments are extensive enough to require a36 resubmittal of the package.37 a)This resubmittal is to address all comments, omissions and38 non-conforming items that were noted.39 b)Resubmittal is to be received by the City within 15 Calendar Days of40 the date of the City's transmittal requiring the resubmittal.41 d.Code 442 1)"NOT APPROVED" is assigned when the submittal does not meet the43 intent of the Contract Documents.44 a)The Contractor must resubmit the entire package revised to bring the45 submittal into conformance.46 b)It may be necessary to resubmit using a different manufacturer/vendor47 to meet the Contract Documents.48 IFB#8936240002-1 01 33 00 SUBMITTALS Page 6 of 8 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 6.Resubmittals1 a.Handled in the same manner as first submittals2 1)Corrections other than requested by the City3 2)Marked with revision triangle or other similar method4 a)At Contractor’s risk if not marked5 b.Submittals for each item will be reviewed no more than twice at the City’s6 expense.7 1)All subsequent reviews will be performed at times convenient to the City8 and at the Contractor's expense, based on the City's or City9 Representative’s then prevailing rates.10 2)Provide Contractor reimbursement to the City within 30 Calendar Days for11 all such fees invoiced by the City.12 c.The need for more than 1 resubmission or any other delay in obtaining City's13 review of submittals, will not entitle the Contractor to an extension of Contract14 Time.15 7.Partial Submittals16 a.City reserves the right to not review submittals deemed partial, at the City’s17 discretion.18 b.Submittals deemed by the City to be not complete will be returned to the19 Contractor, and will be considered "Not Approved" until resubmitted.20 c.The City may at its option provide a list or mark the submittal directing the21 Contractor to the areas that are incomplete.22 8.If the Contractor considers any correction indicated on the shop drawings to23 constitute a change to the Contract Documents, then written notice must be24 provided thereof to the City at least 7 Calendar Days prior to release for25 manufacture.26 9.When the shop drawings have been completed to the satisfaction of the City, the27 Contractor may carry out the construction in accordance therewith and no further28 changes therein except upon written instructions from the City.29 10.Each submittal, appropriately coded, will be returned within 30 Calendar Days30 following receipt of submittal by the City.31 L.Mock ups32 1.Mock Up units as specified in individual Sections, include, but are not necessarily33 limited to, complete units of the standard of acceptance for that type of Work to be34 used on the Project. Remove at the completion of the Work or when directed.35 M.Qualifications36 1.If specifically required in other Sections of these Specifications, submit a P.E.37 Certification for each item required.38 N.Request for Information (RFI)39 1.Contractor Request for additional information40 a.Clarification or interpretation of the contract documents41 b.When the Contractor believes there is a conflict between Contract Documents42 c.When the Contractor believes there is a conflict between the Drawings and43 Specifications44 1)Identify the conflict and request clarification45 d.When the Contractor encounters an unknown condition in the field46 2.Use the Request for Information (RFI) form provided by the City (attached).47 IFB#8936240002-1 01 33 00 SUBMITTALS Page 7 of 8 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 3.Numbering of RFI1 a.Prefix with “RFI” followed by series number, “-xxx”, beginning with “01” and2 increasing sequentially with each additional transmittal.3 4.Sufficient information shall be attached to permit a written response without further4 information.5 5.The City will log each request and will review the request.6 a.If review of the project information request indicates that a change to the7 Contract Documents is required, the City will issue a Field Order or Change8 Order, as appropriate.9 1.5 SUBMITTALS [NOT USED] 10 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 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 END OF SECTION 20 21 Revision Log DATE NAME SUMMARY OF CHANGE 22 23 IFB#8936240002-1 01 33 00 SUBMITTALS Page 8 of 8 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 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 IFB#8936240002-1 01 35 13 SPECIAL PROJECT PROCEDURES Page 1 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 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 Transportation7 b.Work near High Voltage Lines8 c.Confined Space Entry Program9 d.Excavation Protection10 e.Air Pollution Watch Days11 f.Use of Explosives, Drop Weight, Etc.12 g.Water Utilities Notification13 h.Public Notification Prior to Beginning Construction14 i.Coordination with United States Army Corps of Engineers15 j.Coordination within Railroad permits areas16 k.Dust Control17 l.Employee Parking18 m.Coordination with North Central Texas Council of Governments Clean19 Construction Specification20 n.Tree Protection21 B.Deviations from this City of Denton Standard Specification22 1.None.23 C.Related Specification Sections include, but are not necessarily limited to:24 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract25 2.Division 1 – General Requirements26 1.2 PRICE AND PAYMENT PROCEDURES 27 A.Measurement and Payment28 1.Coordination within Railroad permit areas29 a.Measurement30 1)Measurement for this Item will be by lump sum.31 b.Payment32 1)The work performed and materials furnished in accordance with this Item33 will be paid for at the lump sum price bid for Railroad Coordination. 34 c.The price bid shall include:35 1)Mobilization36 2)Inspection37 3)Safety training38 4)Additional Insurance39 5)Insurance Certificates40 IFB#8936240002-1 01 35 13 SPECIAL PROJECT PROCEDURES Page 2 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 6)Other requirements associated with general coordination with Railroad, 1 including additional employees required to protect the right-of-way and 2 property of the Railroad from damage arising out of and/or from the 3 construction of the Project. 4 2.Railroad Flagmen5 a.Measurement6 1)Measurement for this Item will be per working day.7 b.Payment8 1)The work performed and materials furnished in accordance with this Item9 will be paid for each working day that Railroad Flagmen are present at the 10 Site. 11 c.The price bid shall include:12 1)Coordination for scheduling flagmen13 2)Flagmen14 3)Other requirements associated with Railroad15 3.All other items16 a.Work associated with these Items is considered incidental to the various Items17 bid. No separate payment will be allowed for this Item. 18 1.3 REFERENCES 19 A.Reference Standards20 1.Reference standards cited in this Specification refer to the current reference21 standard published at the time of the latest revision date logged at the end of this22 Specification, unless a date is specifically cited.23 2.Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752.24 High Voltage Overhead Lines.25 3.North Central Texas Council of Governments (NCTCOG) – Clean Construction26 Specification27 4.Occupational Health and Safety Administration (OSHA) Standards – 29 CFR Part28 1910.146 – Permit-Required Confined Spaces29 1.4 ADMINISTRATIVE REQUIREMENTS 30 A.Coordination with the Texas Department of Transportation31 1.When work in the right-of-way which is under the jurisdiction of the Texas32 Department of Transportation (TxDOT):33 a.Notify the Texas Department of Transportation prior to commencing any work34 therein in accordance with the provisions of the permit35 b.All work performed in the TxDOT right-of-way shall be performed in36 compliance with and subject to approval from the Texas Department of37 Transportation38 B.Work near High Voltage Lines39 1.Regulatory Requirements40 a.All Work near High Voltage Lines (more than 600 volts measured between41 conductors or between a conductor and the ground) shall be in accordance with42 Health and Safety Code, Title 9, Subtitle A, Chapter 752.43 2.Warning sign44 a.Provide sign of sufficient size meeting all OSHA requirements.45 IFB#8936240002-1 01 35 13 SPECIAL PROJECT PROCEDURES Page 3 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 3.Equipment operating within 10 feet of high voltage lines will require the following 1 safety features2 a.Insulating cage-type of guard about the boom or arm3 b.Insulator links on the lift hook connections for back hoes or dippers4 c.Equipment must meet the safety requirements as set forth by OSHA and the5 safety requirements of the owner of the high voltage lines6 4.Work within 6 feet of high voltage electric lines7 a.Notification shall be given to:8 1)The power company (example: Denton Municipal Electric)9 a)Maintain an accurate log of all such calls to power company and record10 action taken in each case.11 b.Coordination with power company12 1)After notification coordinate with the power company to:13 a)Erect temporary mechanical barriers, de-energize the lines, or raise or14 lower the lines15 c.No personnel may work within 6 feet of a high voltage line before the above16 requirements have been met.17 C.Confined Space Entry Program18 1.Provide and follow approved Confined Space Entry Program in accordance with19 OSHA 29 CFR Part 1910.146 requirements.20 2.Confined Spaces include:21 a.Manholes22 b.All other confined spaces in accordance with OSHA’s Permit Required for23 Confined Spaces24 D.Air Pollution Watch Days25 1.General26 a.Observe the following guidelines relating to working on City construction sites27 on days designated as “AIR POLLUTION WATCH DAYS”.28 b.Typical Ozone Season29 1)May 1 through October 31.30 c.Critical Emission Time31 1)6:00 a.m. to 10:00 a.m.32 2.Watch Days33 a.The Texas Commission on Environmental Quality (TCEQ), in coordination34 with the National Weather Service, will issue the Air Pollution Watch by 3:0035 p.m. on the afternoon prior to the WATCH day.36 b.Requirements37 1)Begin work after 10:00 a.m. whenever construction phasing requires the38 use of motorized equipment for periods in excess of 1 hour.39 2)However, the Contractor may begin work prior to 10:00 a.m. if:40 a)Use of motorized equipment is less than 1 hour, or41 b)If equipment is new and certified by EPA as “Low Emitting“, or42 equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or43 alternative fuels such as CNG.44 E.TCEQ Air Permit45 1.Obtain TCEQ Air Permit for construction activities per requirements of TCEQ.46 F.Use of Explosives, Drop Weight, Etc.47 IFB#8936240002-1 01 35 13 SPECIAL PROJECT PROCEDURES Page 4 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 1.When Contract Documents permit on the project the following will apply: 1 a.Public Notification2 1)Submit notice to City and proof of adequate insurance coverage, 24 hours3 prior to commencing.4 2)Minimum 24-hour public notification in accordance with paragraph 1.4.H5 of this Section.6 G.Water Utilities Coordination7 1.During the construction of this project, it may be necessary to deactivate, for a8 period of time, existing lines. The Contractor shall be required to coordinate with9 Water Utilities to determine the best times for deactivating and activating those10 lines.11 2.Coordinate any event that will require connecting to or the operation of an existing12 City water line system with the City’s representative.13 a.If needed, obtain a hydrant water meter from Water Utilities for use during the14 life of named project.15 b.In the event that a water valve on an existing live system is required to be16 turned off or on to accommodate the construction of the project is required,17 coordinate this activity through the appropriate City representative.18 1)Do not operate water line valves of existing water system.19 a)Failure to comply will render the Contractor in violation of Texas Penal20 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor21 will be prosecuted to the full extent of the law.22 b)In addition, the Contractor will assume all liabilities and23 responsibilities as a result of these actions.24 H.Public Notification Prior to Beginning Construction25 1.Prior to beginning construction on any block in the project, on a block-by-block26 basis, prepare and deliver a notice or flyer of the pending construction to the front27 door of each residence or business that will be impacted by construction. The notice28 shall be prepared as follows:29 a.Post notice or flyer 7 days prior to beginning any construction activity on each30 block in the project area.31 1)Prepare flyer on the Contractor’s letterhead and include the following32 information:33 a)Name of Project34 b)Engineering Project Number (EPN)35 c)Scope of Project (i.e. type of construction activity)36 d)Actual construction duration within the block37 e)Name of the contractor’s foreman and phone number38 f)Name of the City’s inspector and phone number39 g)City’s after-hours phone number40 2)A sample of the ‘pre-construction notification’ flyer is attached as Exhibit41 A.42 3)Submit schedule showing the construction start and finish time for each43 block of the project to the inspector.44 4)Deliver flyer to the City Inspector for review prior to distribution.45 b.No construction will be allowed to begin on any block until the flyer is46 delivered to all residents of the block.47 I.Public Notification of Temporary Water Service Interruption during Construction48 IFB#8936240002-1 01 35 13 SPECIAL PROJECT PROCEDURES Page 5 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 1.In the event it becomes necessary to temporarily shut down water service to1 residents or businesses during construction, prepare and deliver a notice or flyer of2 the pending interruption to the front door of each affected resident.3 2.Prepared notice as follows:4 a.The notification or flyer shall be posted 24 hours prior to the temporary5 interruption.6 b.Prepare flyer on the contractor’s letterhead and include the following7 information:8 1)Name of the project9 2)Date of the interruption of service10 3)Period the interruption will take place11 4)Name of the contractor’s foreman and phone number12 5)Name of the City’s inspector and phone number13 c.A sample of the temporary water service interruption notification is attached as14 Exhibit B.15 d.Deliver a copy of the temporary interruption notification to the City inspector16 for review prior to being distributed.17 e.No interruption of water service can occur until the flyer has been delivered to18 all affected residents and businesses.19 f.Electronic versions of the sample flyers can be obtained from the Project20 Construction Inspector.21 J.Coordination with United States Army Corps of Engineers (USACE)22 1.At locations in the Project where construction activities occur in areas where23 USACE permits are required, meet all requirements set forth in each designated 24 permit. 25 K.Coordination within Railroad Permit Areas26 1.At locations in the project where construction activities occur in areas where27 railroad permits are required, meet all requirements set forth in each designated 28 railroad permit. This includes, but is not limited to, provisions for: 29 a.Flagmen30 b.Inspectors31 c.Safety training32 d.Additional insurance33 e.Insurance certificates34 f.Other employees required to protect the right-of-way and property of the35 Railroad Company from damage arising out of and/or from the construction of 36 the project. Proper utility clearance procedures shall be used in accordance 37 with the permit guidelines. 38 2.Obtain any supplemental information needed to comply with the railroad’s39 requirements. 40 3.Railroad Flagmen41 a.Submit receipts to City for verification of working days that railroad flagmen42 were present on Site. 43 L.Dust Control44 1.Use acceptable measures to control dust at the Site.45 a.If water is used to control dust, capture and properly dispose of waste water.46 b.If wet saw cutting is performed, capture and properly dispose of slurry.47 IFB#8936240002-1 01 35 13 SPECIAL PROJECT PROCEDURES Page 6 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 M.Employee Parking1 1.Provide parking for employees at locations approved by the City.2 N.Coordination with North Central Texas Council of Governments (NCTCOG) Clean3 Construction Specification4 1.Equipment Requirements5 a.All construction equipment being used to perform work on the Contract shall6 meet EPA emissions standards of Tier 3 or equivalent, or cleaner. Model Form7 A.14. Schedule for Phase-In of Tier 1-Tier 4 Non-Road Engines is included in8 Appendix A. Compliance may be achieved through the use of equipment9 powered by an EPA-certified engine, through engine repowers, or through the10 use of retrofits which have been verified by the EPA and/or California Air11 Resources Board. A list of available retrofits is available online at EPA’s12 website “Verified Technologies List for Clean Diesel.”13 b.Equipment that meets one or more of the following conditions may be exempt14 from these requirements:15 1)Equipment powered by an engine that is less than or equal to ten (10) years16 old.17 2)Equipment that must be used to fulfill use or reporting requirements for a18 grant program or other clean air initiative. Documentation of such19 obligations must be submitted to City for verification.20 3)Equipment that is designated as low-use equipment, which is defined as21 any piece of construction equipment which is used for less than ten (10)22 hours per week on a single public works contract. A Low-Use Exemption23 Weekly Reporting Form will be required for all equipment for which this24 exemption is claimed.25 4)Equipment that is being used to address a critical or emergency public26 works need, including, but not limited to, broken water mains or sanitary27 sewer lines. This exemption is limited to work performed in a situation in28 which the procurement of construction services is performed on an29 emergency basis, as provided for by State law.30 2.Operational Requirements31 a.All diesel fuel used to perform work on the public works contract shall be32 Ultra-Low Sulfur Diesel (ULSD) fuel which also complies with Texas Low33 Emission Diesel (TxLED) program requirements. This may include TxLED- 34 compliant Biodiesel blends.35 b.The Contractor shall limit idling of equipment to no more than five (5)36 minutes, unless the idling is applicable to one or more of the following37 exceptions:38 1)is being used for emergency response purposes;39 2)is idling as a necessary component of mechanical operation, maintenance,40 or diagnostic purposes; or41 3)is idling for the health or safety of the equipment operator.42 c.To the greatest extent possible, Contractor shall stage equipment away from,43 and minimize operation near, sensitive receptors including, but not limited to,44 fresh air intakes, hospitals, schools, licensed day care facilities, and residences.45 3.Reporting Requirements46 IFB#8936240002-1 01 35 13 SPECIAL PROJECT PROCEDURES Page 7 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 a.On or before the day construction activity commences, the Contractor shall 1 submit to the City an inventory report containing identifying data for each piece 2 of equipment to be used on the worksite. A form for submitting such 3 information will be provided by the City. This inventory may be used by the 4 City to conduct site inspections and/or verify compliance with specification 5 elements. 6 b.If additional equipment is brought on-site after construction begins, the7 Contractor shall provide this same inventory information to the City for the new8 equipment on or before the day it begins work on-site.9 c.Reports shall be provided for all equipment used on-site.10 4.Enforcement Requirements11 a.All construction equipment used at the Site is subject to inspection by the City12 at random. Contractor is responsible for ensuring that all subcontractors meet13 the requirements of this specification.14 O.Tree Protection15 1.Install tree protection in accordance with the Drawings, if applicable.16 2.Coordinate with City Building Inspections prior to commencing and earthwork17 activities to perform an initial tree protection inspection.18 1.5 SUBMITTALS 19 A.Submittals shall be in accordance with Section 01 33 00.20 B.All submittals shall be approved by the City prior to delivery.21 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 22 A.Construction Notice Flyer23 B.Notice of Temporary Water Service Interruption24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 28 1.11 FIELD [SITE] CONDITIONS [NOT USED] 29 1.12 WARRANTY [NOT USED] 30 PART 2 - PRODUCTS [NOT USED] 31 PART 3 - EXECUTION [NOT USED] 32 33 IFB#8936240002-1 01 35 13 SPECIAL PROJECT PROCEDURES Page 8 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 END OF SECTION 1 2 Revision Log DATE NAME SUMMARY OF CHANGE 3 IFB#8936240002-1 01 35 13 SPECIAL PROJECT PROCEDURES Page 9 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 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 IFB#8936240002-1 01 35 13 SPECIAL PROJECT PROCEDURES Page 10 of 10 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 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 IFB#8936240002-1 01 45 23 TESTING AND INSPECTION SERVICES Page 1 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 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 coordination6 B.Deviations from this City of Denton Standard Specification7 1.None8 C.Related Specification Sections include, but are not necessarily limited to:9 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract10 2.Division 1 – General Requirements11 1.2 PRICE AND PAYMENT PROCEDURES 12 A.Measurement and Payment13 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 is16 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 for19 performing and payment for first set additional independent testing chosen by20 the City to be performed.21 1)If the first independent test performed by the City fails, the Contractor is22 responsible for payment of subsequent testing until a passing test occurs.23 a)Final acceptance will not be issued by City until all required payments24 for testing by Contractor have been paid in full.25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A.Testing28 1.Complete testing in accordance with the Contract Documents.29 2.Coordination30 a.When testing is required to be performed by the City, notify City, sufficiently31 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 Reports35 a.Electronic Distribution36 1)Provide all reports to Project Manager and their duly appointed37 representative electronically via email.38 IFB#8936240002-1 01 45 23 TESTING AND INSPECTION SERVICES Page 2 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 4.Provide Project Manager’s duly appointed representative with trip tickets for each 1 delivered load of Concrete or Lime material including the following information: 2 a.Name of pit3 b.Date of delivery4 c.Material delivered5 B.Inspection6 1.Inspection or lack of inspection does not relieve the Contractor from obligation to7 perform work in accordance with the Contract Documents.8 1.5 SUBMITTALS 9 A.Submittals shall be in accordance with Section 01 33 00.10 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 11 A.Materials Testing Reports sealed by a Professional Engineer or Professional12 Geoscientist licensed in the State of Texas.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 22 IFB#8936240002-1 01 45 23 TESTING AND INSPECTION SERVICES Page 3 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 END OF SECTION 1 2 Revision Log DATE NAME SUMMARY OF CHANGE 3 IFB#8936240002-1 01 50 00 TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 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 not6 necessarily limited to:7 a.Temporary utilities8 b.Sanitary facilities9 c.Storage Sheds and Buildings10 d.Dust control11 e.Temporary fencing of the construction site12 B.Deviations from this City of Denton Standard Specification13 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 Contract16 2.Division 1 – General Requirements17 1.2 PRICE AND PAYMENT PROCEDURES 18 A.Measurement and Payment19 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 Utilities24 1.Obtaining Temporary Service25 a.Make arrangements with utility service companies for temporary services.26 b.Abide by rules and regulations of utility service companies or authorities27 having jurisdiction.28 c.Be responsible for utility service costs until Work is approved for Final29 Acceptance.30 1)Included are fuel, power, light, heat and other utility services necessary for31 execution, completion, testing and initial operation of Work.32 2.Construction Water33 a.Contractor to provide water required for and in connection with Work to be34 performed and for specified tests of piping, equipment, devices or other use as35 required for the completion of the Work.36 b.Provide and maintain adequate supply of potable water for domestic37 consumption by Contractor, if required.38 c.Coordination39 1)Contact City 1 week before water for construction is desired40 IFB#8936240002-1 01 50 00 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 d.Metering and Payment for Construction Water 1 1)For water system improvements:2 a)Obtain construction water meter from City to track water usage. Water3 will be provided at no cost to Contractor.4 2)For all other projects:5 a)Obtain construction water meter from City for payment as billed by6 City’s established rates.7 3.Electricity and Lighting8 a.Provide and pay for electric powered service as required for Work, including9 testing of Work.10 1)Provide power for lighting, operation of equipment, or other use.11 b.Electric power service includes temporary power service or generator to12 maintain operations during scheduled shutdown.13 4.Telephone14 a.Provide emergency telephone service at Site for use by Contractor personnel15 and others performing work or furnishing services at Site.16 5.Temporary Heat and Ventilation17 a.Provide temporary heat as necessary for protection or completion of Work.18 b.Provide temporary heat and ventilation to assure safe working conditions.19 B.Sanitary Facilities20 1.Provide and maintain sanitary facilities for persons on Site.21 a.Comply with regulations of State and local departments of health.22 2.Enforce use of sanitary facilities by construction personnel at job site.23 a.Enclose and anchor sanitary facilities.24 b.No discharge will be allowed from these facilities.25 c.Collect and store sewage and waste so as not to cause nuisance or health26 problem.27 d.Haul sewage and waste off-site at no less than weekly intervals and properly28 dispose in accordance with applicable regulation.29 3.Locate facilities near Work Site and keep clean and maintained throughout Project.30 4.Remove facilities at completion of Project31 C.Storage Sheds and Buildings32 1.Provide adequately ventilated, watertight, weatherproof storage facilities with floor33 above ground level for materials and equipment susceptible to weather damage.34 2.Storage of materials not susceptible to weather damage may be on blocks off35 ground.36 3.Store materials in a neat and orderly manner.37 a.Place materials and equipment to permit easy access for identification,38 inspection and inventory.39 4.Equip building with lockable doors and lighting, and provide electrical service for40 equipment space heaters and heating or ventilation as necessary to provide storage41 environments acceptable to specified manufacturers.42 5.Fill and grade site for temporary structures to provide drainage away from43 temporary and existing buildings.44 6.Remove building from site prior to Final Acceptance.45 IFB#8936240002-1 01 50 00 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 D.Temporary Fencing1 1.Provide and maintain for the duration or construction when required in contract2 documents3 E.Dust Control4 1.Contractor is responsible for maintaining dust control through the duration of the5 project.6 a.Contractor remains on-call at all times7 b.Must respond in a timely manner8 F.Temporary Protection of Construction9 1.Contractor or subcontractors are responsible for protecting Work from damage due10 to weather.11 1.5 SUBMITTALS [NOT USED] 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 3.1 INSTALLERS [NOT USED] 22 3.2 EXAMINATION [NOT USED] 23 3.3 PREPARATION [NOT USED] 24 3.4 INSTALLATION 25 A.Temporary Facilities26 1.Maintain all temporary facilities for duration of construction activities as needed.27 IFB#8936240002-1 01 50 00 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 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 Facilities8 1.Remove all temporary facilities and restore area after completion of the Work, to a9 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 IFB#8936240002-1 01 57 13 STORM WATER POLLUTION PREVENTION Page 1 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 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 Plans6 B.Deviations from this City of Denton Standard Specification7 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 the10 Contract11 2.Division 1 – General Requirements12 1.2 PRICE AND PAYMENT PROCEDURES 13 A.Measurement and Payment14 1.Construction Activities resulting in less than 1 acre of disturbance15 a.Work associated with this Item is considered subsidiary to the various Items16 bid. No separate payment will be allowed for this Item.17 2.Construction Activities resulting in greater than 1 acre of disturbance18 a.Measurement for this Item shall be by lump sum.19 b.Payment20 1)The work performed and the materials furnished in accordance with this21 item shall be paid for at the lump sum price bid for “Storm Water Pollution22 Prevention Plan”, and made in partial payments as follows:23 a)When 1% of the Contract amount is earned, 15% of the SWPPP lump24 sum bid will be paid.25 b)When 10% of the Contract amount is earned, 25% of the SWPPP lump26 sum bid will be paid. Previous payments under the item will be27 deducted from this amount.28 c)When 25% of the Contract amount is earned, 30% of the SWPPP lump29 sum bid will be paid. Previous payments under the item will be30 deducted from this amount.31 d)When 50% of the Contract is earned, 50% of the SWPPP lump sum bid32 will be paid. Previous payments under the item will be deducted from33 this amount.34 e)When 75% of the Contract is earned, 75% of the SWPPP lump sum bid35 will be paid. Previous payments under the item will be deducted from36 this amount.37 f)When 100% of the Contract is earned and final stabilization has been38 achieved, 100% of the SWPPP lump sum bid will be paid. Previous39 payments under the item will be deducted from this amount.40 c.The price bid shall include:41 1)Preparation of Storm Water Pollution Prevention Plan42 IFB#8936240002-1 01 57 13 STORM WATER POLLUTION PREVENTION Page 2 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 2)Implementation1 3)Permitting fees2 4)Final Stabilization3 1.3 REFERENCES 4 A.Abbreviations and Acronyms5 1.Notice of Intent: NOI6 2.Notice of Termination: NOT7 3.Storm Water Pollution Prevention Plan: SWPPP8 4.Texas Commission on Environmental Quality: TCEQ9 5.Notice of Change: NOC10 A.Reference Standards11 1.Reference standards cited in this Specification refer to the current reference12 standard published at the time of the latest revision date logged at the end of this13 Specification, unless a date is specifically cited.14 2.Integrated Storm Management (iSWM) Technical Manual for Construction15 Controls16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A.General18 1.Contractor is responsible for resolution and payment of any fines issued associated19 with compliance to Stormwater Pollution Prevention Plan.20 2.As a condition of approval, applicants conducting land disturbing activities will21 complete the online construction site survey. This survey can be found at22 https://www.surveymonkey.com/r/dentonconstruction.23 3.Refer to TCEQ website for further information about stormwater permits at24 https://www.tceq.texas.gov/permitting/stormwater/construction/TXR15_AIR.html.25 B.Construction Activities resulting in:26 1.Less than 1 acre of disturbance27 a.Provide erosion and sediment control in accordance with Section 31 25 14.28 2.1 to less than 5 acres of disturbance29 a.Texas Pollutant Discharge Elimination System (TPDES) General Construction30 Permit is required31 b.Complete SWPPP in accordance with TCEQ requirements32 1)Indicate City is a Secondary Operator33 2)TCEQ Small Construction Site Notice Required under general permit34 TXR15000035 a)Post at job site36 b)Prior to Preconstruction Meeting, send 1 copy to City Watershed37 Protection Division, Watershed@cityofdenton.com, Joetta Dailey38 (940) 349-7153 or Zach Peterson.(940) 349-7141.39 3)Provide erosion and sediment control in accordance with Section 31 25 14.40 4)Once the project has been completed and all the closeout requirements of41 TCEQ have been met, send copy of signed Small Construction Site Notice42 to Watershed Protection division, Watershed@cityofdenton.com, Joetta43 Dailey (940) 349-7153 or Zach Peterson (940) 349-7141.44 IFB#8936240002-1 01 57 13 STORM WATER POLLUTION PREVENTION Page 3 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 3. 5 acres or more of Disturbance 1 a.Texas Pollutant Discharge Elimination System (TPDES) General Construction2 Permit is required3 b.Complete SWPPP in accordance with TCEQ requirements4 1)Prepare a TCEQ NOI form and submit to TCEQ along with required fee5 a)Send copy to City Watershed Protection Division,6 Watershed@cityofdenton.com, Joetta Dailey (940) 349-7153 or Zach7 Peterson (940) 349-7141. 8 2)TCEQ Notice of Change required if making changes or updates to NOI9 3)Provide erosion and sediment control in accordance with Section 31 25 14.10 4)Once the project has been completed and all the closeout requirements of11 TCEQ have been met a TCEQ Notice of Termination can be submitted.12 a)Send copy to City Watershed Protection Division,13 Watershed@cityofdenton.com, Joetta Dailey (940) 349-7153 or Zach14 Peterson (940) 349-7141. 15 C.Sites adjacent to or encroaching into Environmentally Sensitive Areas (ESAs):16 1.Provide tree protective fencing at the boundary of any identified onsite ESAs and17 approved construction activities that would result in land disturbances.18 2.Provide signs identifying the area as an ESA and prohibiting construction activity.19 1.5 SUBMITTALS 20 A.SWPPP21 1.Submit in accordance with Section 01 33 00, except as stated herein.22 a.Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City23 as follows:24 1)1 copy to the Project Manager25 a)Project Manager will forward to the City Watershed Protection26 Department, Watershed@cityofdenton.com, Joetta Dailey (940) 349-27 7153 or Zach Peterson (940) 349-7141.28 B.Modified SWPPP29 1.If the SWPPP is revised during construction, resubmit modified SWPPP to the City30 in accordance with Section 01 33 00.31 IFB#8936240002-1 01 57 13 STORM WATER POLLUTION PREVENTION Page 4 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1 1.7 CLOSEOUT SUBMITTALS [NOT USED] 2 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 3 1.9 QUALITY ASSURANCE [NOT USED] 4 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 5 1.11 FIELD [SITE] CONDITIONS [NOT USED] 6 1.12 WARRANTY [NOT USED] 7 PART 2 - PRODUCTS [NOT USED] 8 PART 3 - EXECUTION [NOT USED] 9 END OF SECTION 10 Revision Log DATE NAME SUMMARY OF CHANGE 11 IFB#8936240002-1 01 58 13 TEMPORARY PROJECT SIGNAGE Page 1 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 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 Requirements6 B.Deviations from this City of Denton Standard Specification7 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 Contract10 2.Division 1 – General Requirements11 1.2 PRICE AND PAYMENT PROCEDURES 12 A.Measurement and Payment13 1.Temporary Project Sign14 a.Measurement15 1)Measurement for this Item will be per each project sign installed.16 b.Payment17 1)The work performed and materials furnished in accordance with this Item18 and measured as provided under “Measurement” shall be paid for at the19 unit price bid per each “Temporary Project Sign.”20 c.The price bid shall include:21 1)Installation of Temporary Project Sign22 2)Excavation23 3)Hauling24 4)Disposal of excess Materials25 5)Maintenance and Repair of Signs During Construction26 6)Removal and Disposal of Temporary Project Sign27 1.3 REFERENCES [NOT USED] 28 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 29 1.5 SUBMITTALS [NOT USED] 30 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 31 1.7 CLOSEOUT SUBMITTALS [NOT USED] 32 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 33 1.9 QUALITY ASSURANCE [NOT USED] 34 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 35 1.11 FIELD [SITE] CONDITIONS [NOT USED] 36 IFB#8936240002-1 01 58 13 TEMPORARY PROJECT SIGNAGE Page 2 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 1.12 WARRANTY [NOT USED] 1 PART 2 - PRODUCTS 2 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 3 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS 4 A.Design Criteria5 1.Provide free standing Project Designation Sign as indicated below:6 7 The flag shall resemble the Texas Flag. The background of 8 the stars and the “City of Denton” lettering shall be blue. 9 The lower bar of the flag shall be red, and the upper bar 10 shall be white. The dimensions, from the farthest ends, shall 11 be 12-inches vertically and 23.5-inches horizontally. The 12 flag shall appear in the dimensions shown. The contractor 13 may request a digital copy in either .jpg or .tif format. 14 15 2.The Project Designation Sign shall be placed at strategic points with lettering as16 needed to adequately describe the work.17 3.Signs shall be painted white with blue letters and symbols. Letter size shall conform18 to dimensions shown on sign drawing. Exceptions or variations from the sign19 shown above shall not be allowed.20 B.Materials21 1.Sign22 a.Constructed of ¾-inch fir plywood, grade A-C (exterior) or better23 IFB#8936240002-1 01 58 13 TEMPORARY PROJECT SIGNAGE Page 3 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 2.3 ACCESSORIES [NOT USED] 1 2.4 SOURCE QUALITY CONTROL [NOT USED] 2 PART 3 - EXECUTION 3 3.1 INSTALLERS [NOT USED] 4 3.2 EXAMINATION [NOT USED] 5 3.3 PREPARATION [NOT USED] 6 3.4 INSTALLATION 7 A.General8 1.Provide vertical installation at extents of project.9 2.Signs shall be placed prior to beginning the Work and maintained until the end of10 the project.11 3.Relocate sign as needed, upon request of the City.12 B.Mounting options13 a.Skids14 b.Posts15 c.Barricade16 3.5 -- 3.12 [NOT USED] 17 3.6 MAINTENANCE 18 A.General19 1.Maintenance will include painting and repairs as needed or directed by the City.20 3.7 ATTACHMENTS [NOT USED] 21 END OF SECTION 22 23 Revision Log DATE NAME SUMMARY OF CHANGE 24 IFB#8936240002-1 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 13, 2022 Effective January 1, 2023 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 delivery6 2.Packaging of products for delivery7 3.Protection of products against damage from:8 a.Handling9 b.Exposure to elements or harsh environments10 B.Deviations from this City of Denton Standard Specification11 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 Contract14 2.Division 1 – General Requirements15 1.2 PRICE AND PAYMENT PROCEDURES 16 A.Measurement and Payment17 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 Requirements28 1.Schedule delivery of products or equipment as required to allow timely installation29 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 Site32 for personnel or equipment to receive the delivery.33 IFB#8936240002-1 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 13, 2022 Effective January 1, 2023 4.Deliver products or equipment in manufacturer's original unbroken cartons or other 1 containers designed and constructed to protect the contents from physical or 2 environmental damage. 3 5.Clearly and fully mark and identify as to manufacturer, item and installation4 location.5 6.Provide manufacturer's instructions for storage and handling.6 B.Handling Requirements7 1.Handle products or equipment in accordance with these Contract Documents and8 manufacturer’s recommendations and instructions.9 C.Storage Requirements10 1.Store materials in accordance with manufacturer’s recommendations and11 requirements of these Specifications.12 2.Make necessary provisions for safe storage of materials and equipment.13 a.Place loose soil materials and materials to be incorporated into Work in a14 manner that prevents damage to any part of Work or existing facilities and that15 maintains free access at all times to all parts of Work and to utility service16 company installations in vicinity of Work.17 3.Keep materials and equipment neatly and compactly stored in locations that will18 cause minimum inconvenience to other contractors, public travel, adjoining owners,19 tenants and occupants.20 a.Arrange storage to provide easy access for inspection.21 4.Restrict storage to areas available on construction site for storage of material and22 equipment as shown on Drawings, or approved by Project Manager or their duly23 authorized representative.24 5.Provide off-site storage and protection when on-site storage is not adequate.25 a.Provide addresses of and access to off-site storage locations for inspection by26 Project Manager or their duly authorized representative.27 6.Do not use lawns, grass plots or other private property for storage purposes without28 written permission of owner or other person in possession or control of premises.29 7.Store in manufacturers’ unopened containers.30 8.Neatly, safely and compactly stack materials delivered and stored along line of31 Work to avoid inconvenience and damage to property owners and general public32 and maintain at least 3 feet from fire hydrant.33 9.Keep public and private driveways and street crossings open.34 10.Repair or replace damaged lawns, sidewalks, streets or other improvements to35 satisfaction of Project Manager or their duly authorized representative.36 a.Total length which materials may be distributed along route of construction at37 one time is 1,000 linear feet, unless otherwise approved in writing by Project38 Manager.39 IFB#8936240002-1 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 13, 2022 Effective January 1, 2023 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 [NOT USED] 5 3.2 FIELD [OR] SITE QUALITY CONTROL 6 A.Tests and Inspections7 1.Inspect all products or equipment delivered to the site prior to unloading.8 B.Non-Conforming Work9 1.Reject all products or equipment that are damaged, used or in any other way10 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 in18 storage.19 C.Protect equipment from exposure to elements and keep thoroughly dry if required by20 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 IFB#8936240002-1 01 70 00 MOBILIZATION AND REMOBILIZATION Page 1 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 13, 2022 Effective January 1, 2023 SECTION 01 70 00 1 MOBILIZATION AND REMOBILIZATION 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A.Section Includes:5 1.Mobilization and Demobilization6 a.Mobilization7 1)Transportation of Contractor’s personnel, equipment, and operating supplies8 to the Site9 2)Establishment of necessary general facilities for the Contractor’s operation10 at the Site11 3)Premiums paid for performance and payment bonds12 4)Transportation of Contractor’s personnel, equipment, and operating supplies13 to another location within the designated Site14 5)Relocation of necessary general facilities for the Contractor’s operation15 from 1 location to another location on the Site.16 b.Demobilization17 1)Transportation of Contractor’s personnel, equipment, and operating supplies18 away from the Site including disassembly19 2)Site Clean-up20 3)Removal of all buildings and/or other facilities assembled at the Site for this21 Contract22 c.Mobilization and Demobilization do not include activities for specific items of23 work that are for which payment is provided elsewhere in the contract.24 2.Remobilization25 a.Remobilization for Suspension of Work specifically required in the Contract26 Documents or as required by City includes:27 1)Demobilization28 a)Transportation of Contractor’s personnel, equipment, and operating29 supplies from the Site including disassembly or temporarily securing30 equipment, supplies, and other facilities as designated by the Contract31 Documents necessary to suspend the Work.32 b)Site Clean-up as designated in the Contract Documents33 2)Remobilization34 a)Transportation of Contractor’s personnel, equipment, and operating35 supplies to the Site necessary to resume the Work.36 b)Establishment of necessary general facilities for the Contractor’s37 operation at the Site necessary to resume the Work.38 3)No Payments will be made for:39 a)Mobilization and Demobilization from one location to another on the40 Site in the normal progress of performing the Work.41 b)Stand-by or idle time42 c)Lost profits43 44 IFB#8936240002-1 01 70 00 MOBILIZATION AND REMOBILIZATION Page 2 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 13, 2022 Effective January 1, 2023 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 Contract4 2.Division 1 – General Requirements5 1.2 PRICE AND PAYMENT PROCEDURES 6 A.Measurement and Payment7 1.Mobilization and Demobilization8 a.Measurement9 1)This Item will be measured by the lump sum as the work progresses.10 b.Payment11 1)For this Item, the adjusted Contract amount will be calculated as the total12 Contract amount less the lump sum for mobilization. Mobilization shall be13 made in partial payments as follows:14 a)When 1% of the adjusted Contract amount for construction Items is15 earned, 25% of the mobilization lump sum bid will be paid.16 b)When 25% of the adjusted Contract amount for construction Items is17 earned, 50% of the mobilization lump sum bid will be paid. Previous18 payments under the Item will be deducted from this amount.19 c)When 50% of the adjusted Contract amount for construction Items is20 earned, 75% of the mobilization lump sum bid will be paid. Previous21 payments under the Item will be deducted from this amount.22 d)When 75% of the adjusted Contract amount for construction Items is23 earned, 100% of the mobilization lump sum bid will be paid. Previous24 payments under the Item will be deducted from this amount.25 e)A bid containing a total for “Mobilization” in excess of 10% of26 total contract shall be considered unbalanced and a cause for27 consideration of rejection.28 c.The price bid shall include:29 1)Mobilization of equipment to Site30 2)Performance Bond31 3)Payment Bond32 4)Maintenance Bond33 5)Remobilization as identified in the Contract Documents34 6)Demobilization35 d.No payments will be made for standby, idle time, or lost profits associated this36 Item.37 2.Remobilization for suspension of Work not identified in the Contract Documents,38 as required by City39 a.Measurement and Payment40 1)This shall be submitted as a Contract Claim in accordance with Article 1141 of Section 00 72 00.42 2)No payments will be made for standby, idle time, or lost profits associated43 with this Item.44 1.3 REFERENCES [NOT USED] 45 IFB#8936240002-1 01 70 00 MOBILIZATION AND REMOBILIZATION Page 3 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 13, 2022 Effective January 1, 2023 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1 1.5 SUBMITTALS [NOT USED] 2 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE 14 15 IFB#8936240002-1 01 71 23 CONSTRUCTION STAKING AND SURVEY Page 1 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 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 at7 the Site.8 B.Deviations from this City of Denton Standard Specification9 1.None10 C.Related Specification Sections include, but are not necessarily limited to:11 1.Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract12 2.Division 1 – General Requirements13 1.2 PRICE AND PAYMENT PROCEDURES 14 A.Measurement and Payment15 1.Construction Staking16 a.Measurement and Payment17 1)Work associated with this Item is considered incidental to the various Items18 bid. No separate payment will be allowed for this Item.19 2.As-Built Survey20 a.Measurement and Payment21 1)Work associated with this Item is considered incidental to the various Items22 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.Certificates30 1.Provide certificate certifying that elevations and locations of improvements are in31 conformance or non-conformance with requirements of the Contract Documents.32 a.Certificate must be sealed by a registered professional land surveyor in the33 State of Texas.34 B.Field Quality Control Submittals35 1.Documentation verifying accuracy of field engineering work.36 C.As-built Survey Submittal:37 IFB#8936240002-1 01 71 23 CONSTRUCTION STAKING AND SURVEY Page 2 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 1.AutoCAD (.dwg)1 2.ESRI Shapefile (.shp)2 3.CSV file (.csv), formatted with X and Y coordinates in separate columns3 4.Include vertical and horizontal data tied to original project control and benchmarks,4 and feature descriptions5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE 8 A.Construction Staking9 1.Construction staking will be performed by the Contractor.10 2.Coordination11 a.It is the Contractor’s responsibility to coordinate staking such that construction12 activities are not delayed or negatively impacted.13 3.General14 a.Contractor is responsible for preserving and maintaining staking.15 b.If in the opinion of the City, a sufficient number of stakes or markings have16 been lost, destroyed or disturbed, by Contractor’s neglect, such that the17 contracted Work cannot take place, then the Contractor will be required to re-18 stake the deficient areas.19 B.As-built Survey20 1.As-built Survey will be performed by the Contractor.21 2.Coordination22 a.Contractor to verify that control data established in the design survey and23 required for construction remains intact.24 b.It is the Contractor’s responsibility to coordinate As-built Survey such that25 construction activities are not delayed or negatively impacted.26 c.Contractor shall restore or replace all necessary control data damaged during27 construction operations.28 d.For sewer mains and water lines 12-inch and smaller in diameter, if permitted29 by City in writing, Contractor may physically measure depth and mark the30 location during the progress of construction and perform As-built Survey after31 the facility has been buried. The Contractor is responsible for the quality32 control required to ensure accuracy if this approach is permitted.33 3.General34 a.As-built survey will be performed in order to maintain complete and accurate35 logs of control and survey work as it progresses for Project Records.36 b.The Contractor perform as-built survey to obtain construction features37 including, but not limited to, the following:38 1)All Utility Lines39 a)Rim and flowline elevations and coordinates for each manhole or40 junction structure41 2)Water Lines42 a)Top of pipe elevations and coordinates for water lines at the following43 locations:44 (1)Every 250 linear feet45 IFB#8936240002-1 01 71 23 CONSTRUCTION STAKING AND SURVEY Page 3 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 (2)Horizontal and vertical points of inflection, curvature, etc. (All 1 Fittings)2 (3)Cathodic protection test stations3 (4)Sampling stations4 (5)Meter boxes/vaults (All sizes)5 (6)Fire lines6 (7)Fire hydrants and valves7 (8)Gate valves and Butterfly Valves8 (9)Plugs, stubouts, dead-end lines9 (10)Air Release valves (Manhole rim and vent pipe)10 (11)Blow off valves (Manhole rim and valve lid)11 (12)Pressure plane valves12 (13)Cleaning wyes13 (14)Casing pipe (each end)14 b)Storm Sewer15 (1)Top of pipe elevations and coordinates at the following locations:16 (a)Every 250 linear feet17 (b)Horizontal and vertical points of inflection, curvature, etc.18 c)Sanitary Sewer19 (1)Top of pipe elevations and coordinates for sanitary sewer lines at20 the following locations:21 (a)Every 250 linear feet22 (b)Horizontal and vertical points of inflection, curvature, etc.23 (c)Cleanouts24 c.As-built survey will be performed in order to maintain complete and accurate25 logs of control and survey work associated with meeting or exceeding the line26 and grade required by these Specifications.27 1)The Contractor remains fully responsible for the accuracy of the work and28 the correction of it, as required.29 2)Monitor line and grade continuously during construction.30 3)Record deviation with respect to design line and grade once at each pipe31 joint and submit daily records to City.32 4)If the installation does not meet the specified tolerances, immediately notify33 the City and correct the installation in accordance with the Contract34 Documents.35 d.Submit to the City copies of field notes, if requested, used to establish all lines36 and grades and allow the City to check guidance system setup prior to37 beginning each tunneling drive.38 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 39 1.11 FIELD [SITE] CONDITIONS [NOT USED] 40 1.12 WARRANTY [NOT USED] 41 PART 2 - PRODUCTS [NOT USED] 42 PART 3 - EXECUTION 43 3.1 INSTALLERS [NOT USED] 44 IFB#8936240002-1 01 71 23 CONSTRUCTION STAKING AND SURVEY Page 4 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 3.2 EXAMINATION [NOT USED] 1 3.3 PREPARATION [NOT USED] 2 3.4 APPLICATION 3 3.5 REPAIR / RESTORATION [NOT USED] 4 3.6 RE-INSTALLATION [NOT USED] 5 3.7 FIELD [OR] SITE QUALITY CONTROL 6 A.It is the Contractor’s responsibility to maintain all stakes and control data in accordance7 with this Specification.8 B.Do not change or relocate stakes or control data without approval from the City.9 3.8 SYSTEM STARTUP [NOT USED] 10 3.9 ADJUSTING [NOT USED] 11 3.10 CLEANING [NOT USED] 12 3.11 CLOSEOUT ACTIVITIES [NOT USED] 13 3.12 PROTECTION [NOT USED] 14 3.13 MAINTENANCE [NOT USED] 15 3.14 ATTACHMENTS [NOT USED] 16 END OF SECTION 17 18 Revision Log DATE NAME SUMMARY OF CHANGE 19 IFB#8936240002-1 01 74 23 CLEANING Page 1 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 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 closed6 systems specified elsewhere7 B.Deviations from this City of Denton Standard Specification8 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 Contract11 2.Division 1 – General Requirements12 1.2 PRICE AND PAYMENT PROCEDURES 13 A.Measurement and Payment14 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.Scheduling19 1.Schedule cleaning operations so that dust and other contaminants disturbed by20 cleaning process will not fall on newly painted surfaces.21 2.Schedule final cleaning upon completion of Work and immediately prior to final22 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 Requirements30 1.Store cleaning products and cleaning wastes in containers specifically designed for31 those materials.32 IFB#8936240002-1 01 74 23 CLEANING Page 2 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 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 Agents6 1.Compatible with surface being cleaned7 2.New and uncontaminated8 3.For manufactured surfaces9 a.Material recommended by manufacturer10 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.General24 1.Prevent accumulation of wastes that create hazardous conditions.25 2.Conduct cleaning and disposal operations to comply with laws and safety orders of26 governing authorities.27 3.Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in28 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 an31 alternate manner approved by City and regulatory agencies.32 IFB#8936240002-1 01 74 23 CLEANING Page 3 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 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 the4 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 with7 this project.8 9.Remove all signs of temporary construction and activities incidental to construction9 of required permanent Work.10 10.If project is not cleaned to the satisfaction of the City, the City reserves the right to11 have the cleaning completed at the expense of the Contractor.12 11.Do not burn on-site.13 B.Intermediate Cleaning during Construction14 1.Keep Work areas clean so as not to hinder health, safety or convenience of15 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 wind19 b.Store debris away from construction or operational activities20 c.Haul from site at a minimum of once per week21 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, which24 may become airborne or transported by flowing water during the storm.25 C.Interior Final Cleaning26 1.Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other27 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 systems32 a.Clean permanent filters and replace disposable filters if units were operated33 during construction.34 b.Clean ducts, blowers and coils if units were operated without filters during35 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 Cleaning40 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 object43 that may hinder or disrupt the flow of traffic along the roadway.44 IFB#8936240002-1 01 74 23 CLEANING Page 4 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 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 by3 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 IFB#8936240002-1 01 77 19 CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 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 contract6 B.Deviations from this City of Denton Standard Specification7 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 Contract10 2.Division 1 – General Requirements11 3.Section 33 01 30 – Post Construction Closed Circuit Television (CCTV) Inspection12 1.2 PRICE AND PAYMENT PROCEDURES 13 A.Measurement and Payment14 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.Guarantees, Bonds and Affidavits19 1.No application for final payment will be accepted until all guarantees, bonds,20 certificates, licenses and affidavits required for Work or equipment as specified are21 satisfactorily filed with the City.22 B.Release of Liens or Claims23 1.No application for final payment will be accepted until satisfactory evidence of24 release of liens has been submitted to the City.25 1.5 SUBMITTALS 26 A.Submit all required documentation to Project Manager.27 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 PART 2 - PRODUCTS [NOT USED] 30 IFB#8936240002-1 01 77 19 CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 PART 3 - EXECUTION 1 3.1 INSTALLERS [NOT USED] 2 3.2 EXAMINATION [NOT USED] 3 3.3 PREPARATION [NOT USED] 4 3.4 CLOSEOUT PROCEDURE 5 A.Prior to requesting Final Inspection, submit:6 1.Project Record Documents in accordance with Section 01 78 397 2.Operation and Maintenance Data, if required, in accordance with Section 01 78 238 B.Prior to requesting Final Inspection, perform final cleaning in accordance with Section9 01 74 23.10 C.Final Inspection11 1.After final cleaning, provide notice to the Project Manager and their duly appointed12 representative that the Work is completed.13 a.City reserves the right to deny request for Final Inspection if City determines14 that the entire Work is not sufficiently complete to warrant a Final Inspection15 b.The City will make an initial Final Inspection with the Contractor present.16 c.Upon completion of this inspection, the City will notify the Contractor, in17 writing within 10 business days, of any particulars in which this inspection18 reveals that the Work is defective or incomplete.19 2.Upon receiving written notice from the City, immediately undertake the Work20 required to remedy deficiencies and complete the Work to the satisfaction of the21 City.22 3.Upon completion of Work associated with the items listed in the City's written23 notice, inform the City, that the required Work has been completed. Upon receipt24 of this notice, the City, in the presence of the Contractor, will make a subsequent25 Final Inspection of the project.26 4.Provide all special accessories required to place each item of equipment in full27 operation. These special accessory items include, but are not limited to:28 a.Specified spare parts29 b.Adequate oil and grease as required for the first lubrication of the equipment30 c.Initial fill up of all chemical tanks and fuel tanks31 d.Light bulbs32 e.Fuses33 f.Vault keys34 g.Handwheels35 h.Other expendable items as required for initial start-up and operation of all36 equipment37 D.Supporting Documentation38 1.Coordinate with the City Project Representative to complete the following39 additional forms:40 a.Final Payment Request41 b.Statement of Contract Time42 c.Affidavit of Payment and Release of Liens43 IFB#8936240002-1 01 77 19 CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 d. Consent of Surety to Final Payment 1 E.Letter of Final Acceptance2 1.When City has deemed the Work has been completed, and upon receiving all3 Supporting Documentation, in accordance with General Conditions, City will issue4 Letter of Final Acceptance and release the final payment request for payment.5 F.Warranty Inspection for Wastewater Mains6 1.A second television inspection conforming to the standards laid out in Section 337 01 30 shall be started by the Contractor no sooner than 630 calendar days and8 finished no later than 690 calendar days after the date of issuance of the Letter of9 Final Acceptance for the project by the City of Denton.10 2.The second inspection shall include a complete televised inspection of each11 manhole interior constructed or installed on the project (including cored manholes).12 a.Should the second inspection indicate repairs that need to be made, these will13 be performed by the Contractor at no cost to the City.14 3.Failure of the Contractor to perform the second inspection or to make repairs15 indicated by the second inspection shall be sufficient grounds for the City to take16 action through the terms of the Maintenance Bond for the project to perform the17 second inspection and make any repairs indicated.18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING [NOT USED] 24 3.11 CLOSEOUT ACTIVITIES [NOT USED] 25 3.12 PROTECTION [NOT USED] 26 3.13 MAINTENANCE [NOT USED] 27 3.14 ATTACHMENTS [NOT USED] 28 END OF SECTION 29 30 Revision Log DATE NAME SUMMARY OF CHANGE 31 IFB#8936240002-1 01 78 23 OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 SECTION 01 78 23 1 OPERATION AND MAINTENANCE DATA 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A.Section Includes:5 1.Product data and related information appropriate for City's maintenance and6 operation of products furnished under Contract7 2.Such products may include, but are not limited to:8 a.Traffic Controllers9 b.Irrigation Controllers (to be operated by the City)10 c.Butterfly Valves11 B.Deviations from this City of Denton Standard Specification12 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 Contract15 2.Division 1 – General Requirements16 1.2 PRICE AND PAYMENT PROCEDURES 17 A.Measurement and Payment18 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.Schedule23 1.Submit manuals in final form to the City within 30 calendar days of product24 shipment to the project site.25 1.5 SUBMITTALS 26 A.Submittals shall be in accordance with Section 01 33 00. All submittals shall be27 approved by the City prior to delivery.28 1.6 INFORMATIONAL SUBMITTALS 29 A.Submittal Form30 1.Prepare data in form of an instructional manual for use by City personnel.31 2.Format32 a.Size: 8 ½ inches x 11 inches33 b.Paper34 1)40 pound minimum, white, for typed pages35 2)Holes reinforced with plastic, cloth or metal36 c.Text: Manufacturer’s printed data, or neatly typewritten37 IFB#8936240002-1 01 78 23 OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 d.Drawings1 1)Provide reinforced punched binder tab, bind in with text2 2)Reduce larger drawings and fold to size of text pages.3 e.Provide fly-leaf for each separate product, or each piece of operating4 equipment.5 1)Provide typed description of product, and major component parts of6 equipment.7 2)Provide indexed tabs.8 f.Cover9 1)Identify each volume with typed or printed title "OPERATING AND10 MAINTENANCE INSTRUCTIONS".11 2)List:12 a)Title of Project13 b)Identity of separate structure as applicable14 c)Identity of general subject matter covered in the manual15 3.Binders16 a.Commercial quality 3-ring binders with durable and cleanable plastic covers17 b.When multiple binders are used, correlate the data into related consistent18 groupings.19 4.Provide an electronic form of the O&M Manual.20 B.Manual Content21 1.Neatly typewritten table of contents for each volume, arranged in systematic order22 a.Contractor, name of responsible principal, address and telephone number23 b.A list of each product required to be included, indexed to content of the volume24 c.List, with each product:25 1)The name, address and telephone number of the subcontractor or installer26 2)A list of each product required to be included, indexed to content of the27 volume28 3)Identify area of responsibility of each29 4)Local source of supply for parts and replacement30 d.Identify each product by product name and other identifying symbols as set31 forth in Contract Documents.32 2.Product Data33 a.Include only those sheets which are pertinent to the specific product.34 b.Annotate each sheet to:35 1)Clearly identify specific product or part installed36 2)Clearly identify data applicable to installation37 3)Delete references to inapplicable information38 3.Drawings39 a.Supplement product data with drawings as necessary to clearly illustrate:40 1)Relations of component parts of equipment and systems41 2)Control and flow diagrams42 b.Coordinate drawings with information in Project Record Documents to assure43 correct illustration of completed installation.44 c.Do not use Project Record Drawings as maintenance drawings.45 4.Written text, as required to supplement product data for the particular installation:46 a.Organize in consistent format under separate headings for different procedures.47 b.Provide logical sequence of instructions of each procedure.48 IFB#8936240002-1 01 78 23 OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 5.Copy of each warranty, bond and service contract issued 1 a.Provide information sheet for City personnel giving:2 1)Proper procedures in event of failure3 2)Instances which might affect validity of warranties or bonds4 C.Manual for Materials and Finishes5 1.Submit 5 hard copies and 1 digital copy of complete manual in final form.6 2.Content, for architectural products, applied materials and finishes:7 a.Manufacturer's data, giving full information on products8 1)Catalog number, size, composition9 2)Color and texture designations10 3)Information required for reordering special manufactured products11 b.Instructions for care and maintenance12 1)Manufacturer's recommendation for types of cleaning agents and methods13 2)Cautions against cleaning agents and methods which are detrimental to14 product15 3)Recommended schedule for cleaning and maintenance16 3.Content, for moisture protection and weather exposure products:17 a.Manufacturer's data, giving full information on products18 1)Applicable standards19 2)Chemical composition20 3)Details of installation21 b.Instructions for inspection, maintenance and repair22 D.Manual for Equipment and Systems23 1.Submit 5 hard copies and 1 digital copy of complete manual in final form.24 2.Content, for each unit of equipment and system, as appropriate:25 a.Description of unit and component parts26 1)Function, normal operating characteristics and limiting conditions27 2)Performance curves, engineering data and tests28 3)Complete nomenclature and commercial number of replaceable parts29 b.Operating procedures30 1)Start-up, break-in, routine and normal operating instructions31 2)Regulation, control, stopping, shut-down and emergency instructions32 3)Summer and winter operating instructions33 4)Special operating instructions34 c.Maintenance procedures35 1)Routine operations36 2)Guide to "trouble shooting"37 3)Disassembly, repair and reassembly38 4)Alignment, adjusting and checking39 d.Servicing and lubrication schedule40 1)List of lubricants required41 e.Manufacturer's printed operating and maintenance instructions42 f.Description of sequence of operation by control manufacturer43 1)Predicted life of parts subject to wear44 2)Items recommended to be stocked as spare parts45 g.As installed control diagrams by controls manufacturer46 h.Each contractor's coordination drawings47 1)As installed color coded piping diagrams48 IFB#8936240002-1 01 78 23 OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 i.Charts of valve tag numbers, with location and function of each valve 1 j.List of original manufacturer's spare parts, manufacturer's current prices, and2 recommended quantities to be maintained in storage3 k.Other data as required under pertinent Sections of Specifications4 3.Content, for each electric and electronic system, as appropriate:5 a.Description of system and component parts6 1)Function, normal operating characteristics, and limiting conditions7 2)Performance curves, engineering data and tests8 3)Complete nomenclature and commercial number of replaceable parts9 b.Circuit directories of panelboards10 1)Electrical service11 2)Controls12 3)Communications13 c.As installed color coded wiring diagrams14 d.Operating procedures15 1)Routine and normal operating instructions16 2)Sequences required17 3)Special operating instructions18 e.Maintenance procedures19 1)Routine operations20 2)Guide to "trouble shooting"21 3)Disassembly, repair and reassembly22 4)Adjustment and checking23 f.Manufacturer's printed operating and maintenance instructions24 g.List of original manufacturer's spare parts, manufacturer's current prices, and25 recommended quantities to be maintained in storage26 h.Other data as required under pertinent Sections of Specifications27 4.Prepare and include additional data when the need for such data becomes apparent28 during instruction of City's personnel.29 1.7 CLOSEOUT SUBMITTALS [NOT USED] 30 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 31 1.9 QUALITY ASSURANCE 32 A.Provide operation and maintenance data by personnel with the following criteria:33 1.Trained and experienced in maintenance and operation of described products34 2.Skilled as technical writer to the extent required to communicate essential data35 3.Skilled as draftsman competent to prepare required drawings36 IFB#8936240002-1 01 78 23 OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 1, 2023 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 IFB#8936240002-1 01 78 39 PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 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 project6 documents, including:7 a.Record Drawings8 B.Deviations from this City of Denton Standard Specification9 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 Contract12 2.Division 1 – General Requirements13 1.2 PRICE AND PAYMENT PROCEDURES 14 A.Measurement and Payment15 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 to21 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 Records27 1.Thoroughly coordinate changes within the Record Documents, making adequate28 and proper entries on each page of Specifications and each sheet of Drawings and29 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 Contract31 Documents may rely reasonably on information obtained from the approved Project32 Record Documents.33 3.To facilitate accuracy of records, make entries within 24 hours after receipt of34 information that the change has occurred.35 IFB#8936240002-1 01 78 39 PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 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 Requirements5 1.Maintain the job set of Record Documents, which shall include the Drawings and6 the Project Manual, completely protected from deterioration and from loss and7 damage until completion of the Work and transfer of all recorded data to the final8 Project Record Documents.9 2.In the event of loss of recorded data, use means necessary to again secure the data10 to the City's approval.11 a.In such case, provide replacements to the standards originally required by the12 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 set19 1.Promptly following receipt of the Notice to Proceed, secure from the City, at no20 charge to the Contractor, 1 complete set of all Documents comprising the Contract.21 B.Final Record Documents22 1.At a time nearing the completion of the Work and prior to Final Inspection, provide23 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 Set32 1.Immediately upon receipt of the job set, identify each of the Documents with the33 title, "RECORD DOCUMENTS - JOB SET". The Job set shall include the34 Drawings and the Project Manual.35 IFB#8936240002-1 01 78 39 PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 2.Preservation1 a.Considering the Contract completion time, the probable number of occasions2 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 a4 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 review6 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 Survey9 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 with11 installation of the infrastructure.12 4.Making entries on Drawings and Specifications13 a.Record any deviations from Contract Documents on Drawings and in the14 Specifications if applicable.15 b.Use an erasable colored pencil (not ink or indelible pencil), clearly describe the16 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 overlapping20 changes.21 5.Conversion of schematic layouts22 a.In some cases on the Drawings, arrangements of conduits, circuits, piping,23 ducts, and similar items, are shown schematically and are not intended to24 portray precise physical layout.25 1)Final physical arrangement is determined by the Contractor, subject to the26 City's approval.27 2)However, design of future modifications of the facility may require28 accurate information as to the final physical layout of items which are29 shown only schematically on the Drawings.30 b.Show on the job set of Record Drawings, by dimension accurate to within 131 inch, the centerline of each run of items.32 1)Final physical arrangement is determined by the Contractor, subject to the33 City's approval.34 2)Show, by symbol or note, the vertical location of the Item ("under slab", "in35 ceiling plenum", "exposed", and the like).36 3)Make all identification sufficiently descriptive that it may be related37 reliably to the Specifications.38 c.The City may waive the requirements for conversion of schematic layouts39 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 writing41 by the City.42 B.Final Project Record Documents43 1.Transfer of data to Drawings and Specifications44 a.Carefully transfer change data shown on the job set of Record Drawings and45 Project Manual if applicable, to the corresponding final documents,46 coordinating the changes as required.47 IFB#8936240002-1 01 78 39 PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 1, 2023 b.Clearly indicate at each affected detail and other Drawing a full description of 1 changes made during construction, and the actual location of items. 2 c.Call attention to each entry by drawing a "cloud" around the area or areas3 affected.4 d.Make changes neatly, consistently and with the proper media to assure5 longevity and clear reproduction.6 2.Transfer of data to other Documents7 a.If the Documents, other than Drawings, have been kept clean during progress of8 the Work, and if entries thereon have been orderly to the approval of the City,9 the job set of those Documents, other than Drawings, will be accepted as final10 Record Documents.11 b.If any such Document is not so approved by the City, secure a new copy of that12 Document from the City at the City's usual charge for reproduction and13 handling, and carefully transfer the change data to the new copy to the approval14 of the City.15 3.5 REPAIR / RESTORATION [NOT USED] 16 3.6 RE-INSTALLATION [NOT USED] 17 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 18 3.8 SYSTEM STARTUP [NOT USED] 19 3.9 ADJUSTING [NOT USED] 20 3.10 CLEANING [NOT USED] 21 3.11 CLOSEOUT ACTIVITIES [NOT USED] 22 3.12 PROTECTION [NOT USED] 23 3.13 MAINTENANCE [NOT USED] 24 3.14 ATTACHMENTS [NOT USED] 25 END OF SECTION 26 27 Revision Log DATE NAME SUMMARY OF CHANGE 28 IFB#8936240002-1 2024 Specifications 104 1 Item 104 Removing Concrete 1.DESCRIPTION Break, remove, and salvage or dispose of existing hydraulic cement concrete. 2.CONSTRUCTION Remove existing hydraulic cement concrete from locations shown on the plans. Avoid damaging concretethat will remain in place. Saw-cut and remove the existing concrete to neat lines. Replace any concretedamaged by the Contractor at no expense to the Department. Accept ownership and properly dispose ofbroken concrete in conformance with federal, state, and local regulations unless otherwise shown on theplans. 3.MEASUREMENT Removing concrete pavement, floors, porches, patios, riprap, medians, foundations, sidewalks, driveways,and other appurtenances will be measured by the square yard (regardless of thickness) or by the cubic yardof calculated volume, in its original position. Removing curb, curb and gutter, and concrete traffic barrier will be measured by the foot in its originalposition. The removal of monolithic concrete curb or dowelled concrete curb will be included in the concretepavement measurement. Removing retaining walls will be measured by the square yard along the front face from the top of the wall tothe top of the footing. This is a plans quantity measurement Item. The quantity to be paid is the quantity shown in the proposal,unless modified by Article 9.2., “Plans Quantity Measurement.” Additional measurements or calculations willbe made if adjustments of quantities are required. 4.PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under“Measurement” will be paid for at the unit price bid for “Removing Concrete” of the type specified. This priceis full compensation for breaking the concrete; loading, hauling, and salvaging or disposing of the material;and equipment, labor, tools, and incidentals. Removing retaining wall footings will not be measured or paid for directly but will be subsidiary to this Item. 2024 Specifications 160 1 Item 160 Topsoil 1. DESCRIPTION Furnish and place topsoil to the depths and on the areas shown on the plans. 2. MATERIALS Use easily cultivated, fertile topsoil that is free of objectionable material and resists erosion. Obtain topsoil from the right of way at sites of proposed excavation or embankment when specified on the plans, or as directed. Secure additional topsoil, if necessary, from approved sources outside the right of way in accordance with Article 7.7., “Preservation of Cultural and Natural Resources and the Environment.” Ensure that the topsoil obtained from sites outside the right of way has a pH of 5.5–8.5, per Tex-128-E. Topsoil is subject to testing by the Engineer. Furnish water in accordance with Article 168.2., “Materials.” 3. CONSTRUCTION Remove and dispose of objectionable material from the topsoil source before beginning the work. Stockpile topsoil, when necessary, in a windrow at designated locations along the right of way line or as directed. Keep source and stockpile areas drained during topsoil removal and leave them in a neat condition when removal is complete. Scarify the area to a depth of 4 in. before placing topsoil. Spread the topsoil to a uniform loose cover at the thickness specified. Place and shape the topsoil as directed. Water and roll the topsoil using a light roller or other suitable equipment. 4. MEASUREMENT This Item will be measured by the 100-ft. station along the baseline of each roadbed, by the square yard, or by the cubic yard in vehicles at the point of delivery. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Furnishing and Placing Topsoil” of the depth specified on the plans (except for measurement by the cubic yard). This price is full compensation for securing necessary sources and royalties; furnishing topsoil; excavation, loading, hauling, stockpiling, and placing; watering; rolling; and equipment, labor, materials, tools, and incidentals. Limits of excavation and embankment for payment are shown in Figure 1. 2024 Specifications 160 2 Figure 1 Roadway Cross-Sections Showing Payment for Excavation and Embankment 2024 Specifications 162 1 Item 162 Sodding for Erosion Control 1. DESCRIPTION Provide and install grass sod as shown on the plans or as directed. 2. MATERIALS Use live, growing grass sod of the type specified on the plans. Use grass sod with a healthy root system and dense matted roots throughout the soil of the sod for a minimum thickness of 1 in. Do not use sod from areas where the grass is thinned out. Keep sod material moist from the time it is dug until it is planted. Grass sod with dried roots is unacceptable. 2.1. Block Sod. Use block, rolled, or solid sod free of noxious weeds, Johnson grass, other grasses, or any matter deleterious to the growth and subsistence of the sod. 2.2. Mulch Sod. Use mulch sod from an approved source, free of noxious weeds, Johnson grass, other grasses, or any matter deleterious to the growth and subsistence of the sod. 2.3. Fertilizer. Furnish fertilizer in accordance with Article 166.2., “Materials.” 2.4. Water. Furnish water in accordance with Article 168.2., “Materials.” 2.5. Mulch. Use straw mulch consisting of oat, wheat, or rice straw or hay mulch of either Bermudagrass or prairie grasses. Use straw or hay mulch free of Johnson grass and other noxious and foreign materials. Keep the mulch dry and do not use molded or rotted material. 2.6. Tacking Methods. Use a tacking agent applied in conformance with the manufacturer’s recommendations or by a crimping method on all straw or hay mulch operations. Use tacking agents as approved or as specified on the plans. 3. CONSTRUCTION Scarify the area to a depth of 4 in. before placing the sod. Plant the sod specified and mulch, if required, after the area has been completed to lines and grades as shown on the plans. Apply fertilizer uniformly over the entire area in accordance with Article 166.3., “Construction,” and water in accordance with Article 168.3., “Construction.” Plant between the average date of the last freeze in the spring and 6 weeks before the average date for the first freeze in the fall in accordance with the Texas Almanac for the project area. 3.1. Sodding Types. 3.1.1. Spot Sodding. Use only Bermudagrass sod. Create furrows parallel to the roadway, approximately 5 in. deep and on 18-in. centers. Sod a continuous row not less than 3 in. wide in the two furrows adjacent to the roadway. Place 3-in. squares of sod on 15-in. centers in the remaining furrows. Place sod so that the root system will be completely covered by the soil. Firm all sides of the sod with the soil without covering the sod with soil. 3.1.2. Block Sodding. Place sod over the prepared area. Roll or tamp the sodded area to form a thoroughly compacted, solid mat filling all voids in the sodded area with additional sod. Trim and remove all visible netting and backing materials. Keep sod along edges of curbs, driveways, and walkways trimmed until acceptance. 2024 Specifications 162 2 3.1.3. Mulch Sodding. Mow sod source to no shorter than 4 in., and rake and remove cuttings. Disk the sod in two directions, cutting the sod to a minimum of 4 in. Excavate the sod material to a depth of no more than 6 in. Keep excavated material moist, or it will be rejected. Distribute the mulch sod uniformly over the area to a depth of 6 in. loose, unless otherwise shown on the plans, and roll using a light roller or other suitable equipment. Add or reshape the mulch sod to meet the requirements of Section 162.3.2., “Finishing.” 3.2. Finishing. Smooth and shape the area after planting to conform to the desired cross-sections. Spread any excess soil uniformly over adjacent areas or dispose of the excess soil as directed. 3.3. Straw or Hay Mulch. Apply straw or hay mulch for “Spot Sodding” and “Mulch Sodding” uniformly over the area as shown on the plans. Apply straw or hay mulch in accordance with Section 164.3.6., “Straw or Hay Mulching.” Apply tack in accordance with Section 162.2.6., “Tacking Methods.” 4. MEASUREMENT “Spot Sodding,” “Block Sodding,” and “Straw or Hay Mulch” will be measured by the square yard in its final position. “Mulch Sodding” will be measured by the square yard in its final position or by the cubic yard in vehicles as delivered to the planting site. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Spot Sodding,” “Block Sodding,” “Straw or Hay Mulch,” or “Mulch Sodding.” This price is full compensation for securing a source, excavation, loading, hauling, placing, rolling, finishing, furnishing materials, equipment, labor, tools, supplies, and incidentals. Fertilizer will not be paid for directly but will be subsidiary to this Item. Water for irrigating the sodded area, when specified, will be paid for in accordance with Item 168, “Vegetative Watering.” Water for maintaining and preparing the sod before planting will not be paid for directly but will be subsidiary to this Item. 2024 Specifications 416 1 Item 416 Drilled Shaft Foundations 1. DESCRIPTION Construct foundations consisting of reinforced or non-reinforced concrete drilled shafts. 2. MATERIALS Use materials that meet the requirements of the following Items.  Item 421, “Hydraulic Cement Concrete”  Item 440, “Reinforcement for Concrete”  Item 448, “Structural Field Welding” Use concrete for drilled shafts that meets the requirements shown in Table 1 unless otherwise shown on the plans. Table 1 Concrete for Drilled Shafts Drilled Shaft Type Concrete Non-reinforced Class A Reinforced Class C Slurry and underwater concrete placement Class SS Use coarse aggregate Grade 4, 5, or 6 for drilled shaft concrete in reinforced drilled shafts. Grade 2 or Grade 3 may be used if the shaft is dry and reinforcing steel has a 5 in. minimum clear spacing. Use a water-reducing, retarding admixture in accordance with DMS-4640, “Chemical Admixtures for Concrete,” in all concrete when using casing that will be pulled or when placing shafts under water or under slurry. Use concrete with slump that meets the requirements shown in Table 2 as determined in accordance with Tex-415-A. Table 2 Slump Requirements Placement Type Min Acceptable Placement Slump (in.) Recommended Design and Placement Slump (in.) Max Acceptable Placement Slump (in.) Dry 5-1/2 6-1/2 7-1/2 Underwater and under slurry 7 8 9 Perform a slump loss test in accordance with Tex-430-A before beginning work when casing is to be pulled or concrete is to be placed underwater or under slurry. Provide concrete that will maintain a slump of at least 4 in. throughout the entire anticipated time of concrete placement. Time of concrete placement is in accordance with Section 416.3.6., “Concrete,” and Section 416.3.7., “Additional Requirements for Slurry Displacement or Underwater Concrete Placement Methods.” Note the temperature of the concrete mix at the beginning of the slump loss test. Place the concrete if its temperature at the time of placement into the drilled shaft is no more than 10°F higher than the slump loss test temperature. Use ice or other concrete-cooling ingredients to lower concrete temperature or run additional slump loss tests at the higher temperatures. Slump loss testing will be waived if anticipated time of concrete placement is less than 90 min. 2024 Specifications 416 2 Use mineral drilling slurry that meets the requirements shown in Table 3, as determined in accordance with Tex-130-E. Determine pH of slurry in accordance with Tex-128-E or using pH paper strips. Table 3 Mineral Slurry Requirements Before Introduction into Excavation Sampled from Bottom of Excavation Before Concreting Specific Gravity Sand Content pH Specific Gravity Viscosity (sec.) Sand Content ≤1.10 ≤1% 8–11 ≤1.15 ≤45 ≤4% Use mineral slurry consisting of processed bentonite or attapulgite clays mixed with clean fresh water. Do not use partially hydrolyzed polyacrylamide (PHPA) polymeric slurry or any other fluid composed primarily of a polymer solution. If approved, water may be used as the drilling fluid. In this case, all the provisions shown in Table 3 must be met, except that the maximum specific gravity is not to exceed 1.12. Sample slurry from the bottom of the hole, before placing concrete, and test it in accordance with Tex-130-E. Use a pump or air lift to remove slurry that does not meet the requirements shown in Table 3 while adding fresh clean slurry to the top of the hole to maintain the slurry level. Continue this operation until the slurry sampled from the bottom of the hole meets the requirements. 3. CONSTRUCTION Submit drilled shaft installation plan for review no later than 1 mo. before drilled shaft construction. Include the following in the plan:  name and experience record of the drilled shaft superintendent who will be in charge of drilled shaft operations for the project;  list of proposed equipment to be used, including cranes, drills, augers, bailing buckets, final cleaning equipment, de-sanding equipment, slurry pumps, core-sampling equipment, tremies or concrete pumps, and casing;  details of overall construction operation sequence and the sequence of shaft construction in bents or groups;  details of shaft excavation methods;  when the use of slurry is anticipated, details of the slurry mix design and its suitability for the subsurface conditions at the construction site, mixing and storage methods, maintenance methods, and disposal procedures;  details of methods to clean the shaft excavation;  details of reinforcement placement, including support and centralization methods;  details of concrete placement, including proposed operational procedures for free-fall, tremie, or pumping methods; and  details of casing installation and removal methods. The installation plan will be reviewed for conformance with the plans, specifications, and special provisions. The Contractor will be notified within 14 days of receipt of the installation plan of any additional information required or changes necessary to meet the Contract requirements. All procedural approvals will be subject to trial in the field and will not relieve the Contractor of the responsibility to satisfactorily complete the work as shown on the plans and in conformance with specifications. Place the shaft to within the following tolerances.  Vertical plumbness: 1 in. per 10 ft. of depth  Center of shaft located under column: 1 in. of horizontal plan position  Center of shaft located under footing: 3 in. of horizontal plan position 2024 Specifications 416 3 Complete the embankment at bridge ends before installing drilled shafts that pass through the fill. Refer to Item 423, “Retaining Walls,” for provisions for drilled shafts passing through the structural volume of retaining walls. 3.1. Excavation. The plans indicate the expected depths and elevations for encountering satisfactory bearing material. Excavate as required for the shafts through all materials encountered to the dimensions and elevations shown on the plans or required by the site conditions. Removal of man-made obstructions not shown on the plans will be paid for in accordance with Article 9.7., “Payment for Extra Work and Force Account Method.” Adjust the bottom of the shaft or alter the foundation if satisfactory founding material is not encountered at plan elevation, as approved, to satisfactorily comply with design requirements. Blasting is not allowed for excavations. Stop drilling if caving conditions are encountered and adopt a construction method that stabilizes the shaft walls. Do not excavate a shaft within two shaft diameters (clear) of an open shaft excavation, or one in which concrete has been placed in the preceding 24 hr. Dispose of material excavated from shafts and not incorporated into the finished project as shown on the plans and in conformance with federal, state, and local laws. Provide suitable access, lighting, and equipment for proper inspection of the completed excavation and checking of the dimensions and alignment of shaft excavation. 3.2. Core Holes. Take cores to determine the character of the supporting materials if directed. Use a method that will result in recovery of an intact sample adequate for judging the character of the founding material. Such cores should be at least 5 ft. deeper than the proposed founding grade or a depth equal to the diameter of the shaft, whichever is greater. Take these cores when the excavation is complete. 3.3. Casing. Use casing when necessary to prevent caving of the material, excluding groundwater, when slurry is used for hole stabilization, or when required in conformance with the Contractor’s safety plan. Provide casing with an outside diameter not less than the specified diameter of the shaft. The portion of shaft below the casing may be as much as 2 in. smaller than the specified shaft diameter. No extra compensation will be made for concrete required to fill an oversized casing or oversized excavation. Use casing strong enough to withstand handling stresses and pressures of concrete and of the surrounding earth or water, and that is watertight, smooth, clean, and free of accumulations of hardened concrete. Use construction methods that result in a minimal amount of disturbed soil trapped outside the casing. This does not apply to temporary undersized casings used to protect workers inside shafts or to drilled shafts designed for point bearing only. Leave casing in place only if authorized or shown on the plans. Extract casing only after placing the concrete to an appropriate level. Always maintain enough concrete in the casing to counteract soil and water pressure. Rotate or move the casing up or down a few inches if necessary before and during concrete placement to facilitate extraction of the casing. 3.4. Requirements for Slurry Displacement Method. When soil conditions warrant, use the slurry displacement method to construct drilled shafts, unless otherwise shown on the plans. Use this method to support the sides of the excavation with processed mineral slurry that is then displaced by concrete to form a continuous concrete shaft. Install surface casing to at least 10 ft. below existing ground before introducing slurry. Do not use casing other than surface casing. Do not use surface casing longer than 20 ft. without approval. Do not extract the surface casing until after placing the concrete. 2024 Specifications 416 4 Pre-mix slurry in a reservoir with enough capacity to fill the excavation and for recovery of the slurry during concrete placement. Do not mix slurry in the shaft excavation or other hole. Allow adequate time for hydration of the slurry before introduction into the excavation. Maintain a head of slurry in the shaft excavation at or near ground level or higher, as necessary, to counteract groundwater pressure during and after drilling. Use an air lift or proper size cleanout bucket, just before placing reinforcing steel, to remove any material that may have fallen from the sides of the excavation or accumulated on the bottom after the completion of drilling. Use a cleanout bucket if material is too large to be picked up using an air lift. Re-process the hole using the auger as directed if concrete placement is not started within 4 hr. of the completion of the shaft excavation. Then clean the bottom using an air lift or cleanout bucket and check the slurry at the bottom of the hole for compliance with slurry requirements in accordance with Article 416.2., “Materials.” Agitate the congealed slurry to liquefaction if the slurry forms a gel before concrete placement, and whenever directed. Recover and dispose of all slurry as approved, and in conformance with all federal, state, and local laws. Do not discharge slurry into or in close proximity to streams or other bodies of water. 3.5. Reinforcing Steel. Completely assemble the cage of reinforcing steel and place it as a unit immediately before concrete placement. The cage consists of longitudinal bars and lateral reinforcement (spiral reinforcement, lateral ties, or horizontal bands). Connect individual segments with couplers or by lapping steel as approved if overhead obstacles prevent placement of the cage as a single unit. Extend the reinforcing steel cage as follows if the shaft is lengthened beyond plan length, unless directed otherwise.  Extend the cage to the bottom for shafts supporting structures other than bridges.  Extend the cage to 25 ft. or to the bottom, whichever is shorter, for bridge shafts with plan lengths less than 25 ft.  Do not extend the cage for bridge shafts with plan lengths at least 25 ft. that are lengthened less than 33% of plan length.  Extend the cage as directed for bridge shafts with plan lengths at least 25 ft. that are lengthened more than 33% of plan length. If the cage does not reach the bottom of the shaft, it may be suspended, or a portion of the longitudinal steel may be extended to support the cage on the bottom of the shaft. Bars used to extend or support the cage may be lap spliced or welded by a qualified welder. Place the extension at the bottom of the shaft. Tie spiral reinforcement to the longitudinal bars at a spacing no more than 24 in., or as required for a stable cage. Ensure lateral reinforcement is not welded to longitudinal bars unless otherwise shown on the plans. Center the reinforcing steel cage in the excavation using approved “roller”-type centering devices unless otherwise approved. Use concrete or plastic chairs to keep the reinforcing cage off the bottom of the hole. Use centering devices starting at 1.5 ft. off from the bottom of the cage and spaced vertically at intervals not exceeding 10 ft. Use at least three centering devices per level at a spacing not to exceed 30 in. Flat or crescent-shaped centralizers (“sleds”) are not allowed. Support or hold down the cage to control vertical displacement during concrete placement or extraction of the casing. Use support that is concentric with the cage to prevent racking and distortion of the steel. Check the elevation of the top of the steel cage before and after concrete placement or after casing extraction when casing is used. Downward movement of the steel up to 6 in. per 20 ft. of shaft length and upward movement of the steel up to 6 in. total are acceptable. 2024 Specifications 416 5 Maintain the minimum length of steel required for lap with column steel. Use dowel bars if the proper lap length is provided both into the shaft and into the column. Locate and tie all dowel bars into the cage before placing concrete. Locate and tie anchor bolts when required before placement of concrete. Use templates or other devices to assure accurate placement of anchor bolts. 3.6. Concrete. Perform all work in accordance with Item 420, “Concrete Substructures.” Provide concrete with maximum placement temperatures as shown in Table 4. Provide thermal analysis to show, and temperature-recording devices to verify, maximum concrete core temperature requirements are met in accordance with Section 420.4.7.14, “Mass Placements,” for shafts with diameter exceeding 7 ft. Instrument the first shaft for each size shaft exceeding 7 ft. diameter, and as directed if results do not meet specifications and when the concrete mix design changes. Table 4 Max Concrete Placing Temperature Shaft Size Mix Design Options 1–5 Mix Design Options 6–8 Diameter <5 ft. 95°F 95°F 5 ft. ≤ diameter ≤ 7 ft. 95°F 85°F 7 ft. < diameter 85°F 75°F Form portions of drilled shaft that project above natural ground. Remove loose material and accumulated seep water from the bottom of the excavation before placing concrete. No more than 3 in. of water should be present within the base of the excavation at the time of concrete placement. The rate of inflow should be confirmed by observation to be less than 12 in. per hour. Place concrete using underwater placement methods if seepage exceeds the tolerable levels cited above. Place concrete as soon as possible after all excavation is complete and reinforcing steel is placed. Provide workable concrete that does not require vibrating or rodding. Vibrate formed portions of drilled shafts. Place concrete continuously for the entire length of the shaft. Limit free fall of concrete to 25 ft. for dry shafts of 24-in. or smaller diameter. Use a suitable tube or tremie to prevent segregation of materials. Use a tube or tremie in sections to provide proper discharge and permit raising as the placement progresses. For dry shafts more than 24-in. diameter, concrete may be allowed to free fall an unlimited distance if it does not strike the reinforcing cage or sides of the hole during placement. Provide a hopper with a minimum 3-ft. long drop-tube at the top of the shaft to direct concrete vertically down the center of the shaft when free fall is used. Do not use a shovel or other means to simply deflect the concrete discharge from the truck. Always maintain enough head of concrete for cased shafts above the bottom of the casing to overcome hydrostatic pressure. Extract casing at a slow, uniform rate with the pull in line with the axis of the shaft. Monitor the concrete level in the casing during extraction. Stop the extraction and add concrete to the casing as required to ensure a completely full hole upon casing removal. The elapsed time from the mixing of the first concrete placed into the cased portion of the shaft until the completion of extraction of the casing must not exceed the time for which the concrete maintains a slump of more than 4 in. in accordance with Article 416.2., “Materials.” Modify the concrete mix, the construction procedures, or both for subsequent shafts if the elapsed time is exceeded. Cure the top surface and treat any construction joint area in accordance with Item 420. 3.7. Additional Requirements for Slurry Displacement or Underwater Concrete Placement Methods. Place concrete on the same day the shaft is excavated and as soon as possible after all excavation is complete and reinforcing steel is placed. Rework the hole by overdrilling a minimum 1/2 in. on all sides on the same day that concrete is placed when drilling of a hole is performed on multiple days if approved. Use an air lift or cleanout bucket of the proper size to clean the bottom of the excavation before placing the reinforcing steel cage and concrete. Place concrete through a closed tremie or pump it to the bottom of the excavation. The minimum tremie diameter will be at least six times the maximum size of aggregate used in the concrete mix, 2024 Specifications 416 6 but not less than 10 in. Initially seal the tremie or pump line to positively separate the concrete from the slurry or water. Place concrete continuously from the beginning of placement until the shaft is completed. Always keep the tremie full of concrete and well submerged in the previously placed concrete if using a tremie. Raise the tremie as necessary to maintain the free flow of concrete and the stability of any casing used. Always keep the discharge tube submerged in the previously placed concrete if using a pump. Place additional concrete to ensure the removal of any contaminated concrete at the top of the shaft. Allow the top portion of concrete to flush completely from the hole at the completion of the pour until there is no evidence of slurry or water contamination. Do not attempt to remove this concrete using shovels, pumps, or other means. Level the top of shaft with hand tools as necessary. Use a sump or other approved method to channel displaced fluid and concrete away from the shaft excavation. Recover slurry and dispose of it as approved. Do not discharge displaced fluids into or near streams or other bodies of water. Provide a collar or other means of capturing slurry and the top portion of concrete flushed from the shaft for pours over water. Remove the tube, reseal it at the bottom, penetrate with the tube into the concrete already placed by at least 5 ft., and recharge it before continuing if concrete placement is interrupted due to withdrawal of the submerged end of the tremie or pump discharge tube before completion. If this condition exists, notify the Engineer and note the elevation and circumstances related to the loss of seal on the drilled shaft log. The elapsed time from the mixing of the first concrete placed until the completion of concrete placement, including extraction of the casing, must not exceed the time for which the concrete maintains a slump of more than 4 in. in accordance with Article 416.2., “Materials.” Modify the concrete mix, the construction procedures, or both for subsequent shafts if the elapsed time is exceeded. 3.8. Test Load. Load test shafts, if required, in accordance with Item 405, “Foundation Load Test.” 3.9. Trial Shaft. When required on the plans, construct trial shafts to the depth and diameter shown on the plans. Trial shafts include drilling the hole, placement of the rebar cage (unless otherwise stated), and placement of the concrete. When trial shafts are required, delay start of production shafts until successful completion of trial shafts. 4. MEASUREMENT 4.1. Drilled Shaft. Drilled shaft foundations will be measured by the foot to the bottom of the shaft. 4.1.1. Interior Bents and Piers. Shafts will be measured from a point approximately 6 in. below the finished earthwork elevation at the center of each shaft, unless specific elevations or dimensions are shown on the plans or unless otherwise directed to meet unusual conditions. The bent height shown on the plans is for estimating purposes only and does not control the top-of-shaft measurement. 4.1.2. Abutment Bents and Retaining Walls. Shafts will be measured from the bottom of footing or cap elevation. 4.1.3. Other Non-Bridge Structures. Shafts, including trial shafts, will be measured from the top of the shaft. 4.2. Core Hole. Core holes will be measured by each core hole drilled. 5. PAYMENT The unit prices bid for the various classifications of drilled shafts are full compensation for excavation; furnishing, placing, and removing casing; furnishing, processing, and recovering slurry; furnishing and placing reinforcing steel; pumping; furnishing and placing concrete, including additional concrete required to fill an oversize casing or oversize excavation; conducting slump loss tests; backfilling; disposing of cuttings and slurry; and materials, tools, equipment, labor, and incidentals. 2024 Specifications 416 7 When the bottom of a drilled shaft is placed at an elevation below plan grade, no direct payment will be made for extra reinforcement placed to support the cage. The extra reinforcement will be subsidiary to the unit price bid per foot of shaft. No extra payment will be made for casings left in place, unless specified on the plans. No payment will be made for “Drilled Shaft” until the concrete has been placed. 5.1. Drilled Shaft. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Drilled Shaft,” “Drilled Shaft (Non-Reinforced),” “Drilled Shaft (Sign Mounts),” “Drilled Shaft (High Mast Pole),” “Drilled Shaft (Roadway Illumination Pole),” or “Drilled Shaft (Traffic Signal Pole)” of the specified diameter, subject to the limitations for overruns authorized by the Engineer in accordance with Section 416.5.1.1., “Overrun.” 5.1.1. Overrun. Payment for individual completed shaft lengths up to and including 5 ft. more than the maximum plan length shaft, in accordance with Section 416.5.1.2., “Maximum Plan Length Shaft,” will be made at the unit price bid per foot of the specified diameter. Payment for the portion of individual completed shaft length more than 5 ft. and up to and including 15 ft. more than the maximum plan length shaft, in accordance with this Item, will be made at a unit price equal to 115% of the unit price bid per foot of the specified diameter. Payment for the portion of individual completed shaft length greater than 15 ft. more than the maximum plan length shaft, in accordance with Section 416.5.1.2., “Maximum Plan Length Shaft,” will be made at a unit price equal to 125% of the unit price bid per foot of the specified diameter. 5.1.2. Maximum Plan Length Shaft. Payment described in the previous Sections is subject to the following provisions for extra depth drilling.  For bridge structures, the maximum plan length shaft is the maximum length shaft, regardless of diameter, for any drilled shaft on that specific bridge.  For retaining walls, the maximum plan length shaft is the maximum length shaft, regardless of diameter, for any drilled shaft on that specific retaining wall.  For overhead sign structures, the maximum plan length shaft is the maximum length shaft, regardless of diameter, for any overhead sign structures included in the Contract.  For high mast illumination poles, the maximum plan length shaft is the maximum length shaft, regardless of diameter, for any high mast illumination pole included in the Contract.  For roadway illumination poles, the maximum plan length shaft is the maximum length shaft, regardless of diameter, for any roadway illumination pole included in the Contract.  For traffic signal poles, the maximum plan length shaft is the maximum length shaft, regardless of diameter, for any traffic signal pole included in the Contract. 5.2. Core Hole. Core holes will be paid at $200 each. 2024 Specifications 500 1 Item 500 Mobilization 1. DESCRIPTION Establish and remove offices, plants, and facilities. Move personnel, equipment, and supplies to and from the project or the vicinity of the project site to begin work or complete work on Contract Items. Bonds and insurance are required for performing mobilization. For Contracts with emergency mobilization, provide a person and method of contact available 24 hr. per day, 7 days per week, unless otherwise shown on the plans. The time of notice will be the transmission time of the written notice or notice provided orally by the Department’s representative. 2. MEASUREMENT This Item will be measured by the lump sum or each as the work progresses. Mobilization is calculated on the base bid only and will not be paid for separately on any additive alternate items added to the Contract. 3. PAYMENT For this Item, the adjusted Contract amount will be calculated as the total Contract amount less the lump sum for mobilization. Material on hand will not be considered as a construction item earned when calculating mobilization payment. Except for Contracts with callout or emergency work, mobilization will be paid in partial payments as follows.  Payment will be made upon presentation of a paid invoice for the payment or performance bonds and required insurance.  Payment will be made upon verification of documented expenditures for plant and facility setup. The combined amount for all these facilities will be no more than 10% of the mobilization lump sum or 1% of the total Contract amount, whichever is less.  When 1% of the adjusted Contract amount for construction Items is earned, 50% of the mobilization lump sum bid or 5% of the total Contract amount, whichever is less, will be paid. Previous payments under this Item will be deducted from this amount.  When 5% of the adjusted Contract amount for construction Items is earned, 75% of the mobilization lump sum bid or 10% of the total Contract amount, whichever is less, will be paid. Previous payments under the Item will be deducted from this amount.  When 10% of the adjusted Contract amount for construction Items is earned, 90% of the mobilization lump sum bid or 10% of the total Contract amount, whichever is less, will be paid. Previous payments under this Item will be deducted from this amount.  Upon final acceptance, 97% of the mobilization lump sum bid will be paid. Previous payments under this Item will be deducted from this amount.  Payment for the remainder of the lump sum bid for “Mobilization” will be made after all submittals are received, after final quantities have been determined, and when any separate vegetative establishment and maintenance, test, and performance periods provided for in the Contract have been successfully completed. For projects with extended maintenance or performance periods, payment for the remainder of the lump sum bid for “Mobilization” will be made 6 mo. after final acceptance. For Contracts with callout or emergency work, “Mobilization” will be paid as follows. 2024 Specifications 500 2  Payment will be made upon presentation of a paid invoice for the payment of performance bonds and required insurance.  Mobilization for callout work will be paid for each callout work request.  Mobilization for emergency work will be paid for each emergency work request. 2024 Specifications 502 1 Item 502 Barricades, Signs, and Traffic Handling 1. DESCRIPTION Provide, install, move, replace, maintain, clean, and remove all traffic control devices shown on the plans and as directed. Temporary work zone (TWZ) traffic control devices manufactured after December 31, 2019, must have been successfully tested to the crashworthiness requirements of the 2016 edition of the AASHTO Manual for Assessing Safety Hardware (MASH). An exception to the manufacture date applies when, based on the project’s date of letting, a category of MASH-2016 compliant TWZ traffic control devices was not approved, or was not self-certified. In such case, devices that meet NCHRP-350 or MASH-2009 may be used. Temporary work zone (TWZ) traffic control devices manufactured on or before December 31, 2019, must at a minimum have been successfully tested to the crashworthiness requirements of NCHRP-350 or MASH-2009. These devices may continue to be used throughout their normal service lives. Such TWZ traffic control devices include:  portable sign supports,  barricades,  portable traffic barriers designated exclusively for use in TWZs,  crash cushions designated exclusively for use in TWZs,  longitudinal channelizers, and  truck-mounted attenuators (TMAs) and trailer attenuators (TAs). Category I devices (i.e., lightweight devices), such as cones, tubular markers, and drums without lights or signs attached, may be self-certified by the vendor or provider, with documentation provided to the Department, or as shown on Department’s Compliant Work Zone Traffic Control Device List. 2. CONSTRUCTION Comply with the requirements of Article 7.2., “Safety.” Implement the traffic control plan (TCP) shown on the plans. Install traffic control devices straight and plumb. Make changes to the TCP only as approved. Minor adjustments to meet field conditions are allowed. Submit Contractor-proposed TCP changes, signed and sealed by a licensed professional engineer, for approval. The Engineer may develop, sign, and seal Contractor-proposed changes. Changes must conform to guidelines established in the TMUTCD using approved products from the Department’s Compliant Work Zone Traffic Control Device List. Maintain traffic control devices by taking corrective action when notified. Corrective actions include, but are not limited to, cleaning, replacing, straightening, covering, and removing devices. Maintain the devices such that they are properly positioned and spaced, are legible, and have retroreflective characteristics that meet requirements day or night and in all weather conditions. 2024 Specifications 502 2 The Engineer may authorize or direct in writing the removal or relocation of project limit advance warning signs. When project limit advance warning signs are removed before final acceptance, provide traffic control in accordance with the TMUTCD for minor operations as approved. Remove all traffic control devices upon completion of the work as shown on the plans or as directed. 3. MEASUREMENT “Barricades, Signs, and Traffic Handling” will be measured by the month. Law enforcement personnel with patrol vehicles will be measured by the hour for each person. 4. PAYMENT 4.1. Barricades, Signs, and Traffic Handling. Except for Contracts with callout work and work orders, the work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Barricades, Signs, and Traffic Handling.” This price is full compensation for installation, maintenance, adjustments, replacements, removal, materials, equipment, labor, tools, and incidentals. When the plans establish pay items for particular work in the TCP, that work will be measured and paid for under pertinent Items. TMAs and TAs will be paid for under Item 505, “Truck-Mounted Attenuator (TMA) and Trailer Attenuator (TA).” Portable changeable message signs will be paid for under Item 503, “Portable Changeable Message Sign.” Portable traffic signals will be paid for under Item 510, “One-Way Traffic Control,” unless otherwise shown on the plans. In accordance with Section 7.2.3., “Safety Contingency,” funds have been included in the project budget to improve the effectiveness of traffic handling and enhance safety during the course of this project. 4.1.1. Initiation of Payment. Payment for this Item will begin on the first estimate after barricades, signs, and traffic handling devices have been installed in accordance with the TCP. 4.1.2. Paid Months. Monthly payment will be made each succeeding month for this Item provided the barricades, signs, and traffic handling devices have been installed and maintained in accordance with the TCP until the Contract amount has been paid. If, within the timeframe established by the Engineer, the Contractor fails to provide or properly maintain signs and barricades in compliance with the Contract requirements, as determined by the Engineer, the Contractor will be considered in noncompliance with this Item. No payment will be made for the months in question, and the total final payment quantity will be reduced by the number of months the Contractor was in noncompliance. 4.1.3. Maximum Total Payment Before Acceptance. The total payment for this Item will not exceed 10% of the total Contract amount before final acceptance in accordance with Article 5.12., “Final Acceptance.” The remaining balance will be paid in accordance with Section 502.4.1.5., “Balance Due.” 4.1.4. Total Payment Quantity. The quantity paid under this Item will not exceed the total quantity shown on the plans, except as modified by change order and as adjusted in accordance with Section 502.4.1.2., “Paid Months.” An overrun of the plans quantity for this Item will not be allowed for approving designs; testing; material shortages; closed construction seasons; curing periods; establishment, performance, test, and maintenance periods; failure to complete the work in the number of months allotted; or delays caused directly or indirectly by Contract requirements. 2024 Specifications 502 3 4.1.5. Balance Due. The remaining unpaid months of barricades less non-compliance months will be paid on final acceptance of the project, if all work is complete and accepted in accordance with Article 5.12., “Final Acceptance.” 4.1.6. Contracts with Callout Work and Work Orders. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be subsidiary to pertinent Items, except for federally funded Contracts. 4.2. Law Enforcement Personnel. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid by Contractor force account for “Law Enforcement Personnel.” This price is full compensation for furnishing all labor, materials, supplies, equipment, patrol vehicles, fees, and incidentals necessary to complete the work as directed. 2024 Specifications 506 1 Item 506 Temporary Erosion, Sedimentation, and Environmental Controls 1. DESCRIPTION Install, maintain, and remove erosion, sedimentation, and environmental control measures to prevent or reduce the discharge of pollutants and protect environmental resources in accordance with the Stormwater Pollution Prevention Plan (SWP3) and environmental layout shown on the plans. Comply with Texas Pollutant Discharge Elimination System (TPDES) Construction General Permit (CGP) TXR150000 requirements. Control measures are defined as Best Management Practices (BMPs) used to prevent or reduce the discharge of pollutants and measures to protect environmental resources. Control measures include, but are not limited to, rock filter dams, temporary pipe slope drains, temporary paved flumes, construction exits, earthwork for erosion control, pipe, construction perimeter fence, sandbags, temporary sediment control fence, biodegradable erosion control logs, vertical tracking, temporary or permanent seeding, and other measures. Erosion and sediment control devices must be selected from the Erosion Control Approved Products List. Perform work in a manner to prevent degradation of receiving waters, protect environmental resources, facilitate project construction, and comply with applicable federal, state, and local regulations. Ensure the installation and maintenance of control measures are performed in conformance with the manufacturer’s or designer’s specifications. 2. MATERIALS Furnish materials in accordance with the following.  Item 161, “Compost”  Item 432, “Riprap”  Item 556, “Pipe Underdrains” 2.1. Rock Filter Dams. 2.1.1. Aggregate. Furnish aggregate with approved hardness, durability, cleanliness, and resistance to crumbling, flaking, and eroding. Provide the following.  Types 1, 2, and 4 Rock Filter Dams. Use 3–6-in. aggregate.  Type 3 Rock Filter Dams. Use 4–8-in. aggregate. 2.1.2. Wire. Provide minimum 20-gauge galvanized wire for the steel wire mesh and tie wires for Types 2 and 3 rock filter dams. Type 4 dams require:  a double-twisted, hexagonal weave with a nominal mesh opening of 2-1/2 × 3-1/4 in.,  minimum 0.0866-in. steel wire for netting,  minimum 0.1063-in. steel wire for selvages and corners, and  minimum 0.0866 in. for binding or tie wire. 2.1.3. Sandbag Material. Furnish sandbags meeting Section 506.2.8., “Sandbags,” except that any gradation of aggregate may be used to fill the sandbags. 2.2. Temporary Pipe Slope Drains. Provide corrugated metal pipe, polyvinyl chloride (PVC) pipe, flexible tubing, watertight connection bands, grommet materials, prefabricated fittings, and flared entrance sections as shown on the plans. Recycled and other materials meeting these requirements are allowed if approved. Furnish concrete in accordance with Item 432. 2024 Specifications 506 2 2.3. Temporary Paved Flumes. Furnish asphalt concrete, hydraulic cement concrete, or other comparable non-erodible material as shown on the plans. Provide rock or rubble with a minimum diameter of 6 in. and a maximum volume of 1/2 cu. ft. for the construction of energy dissipaters. 2.4. Construction Exits. Provide materials as shown on the plans and in accordance with this Section. 2.4.1. Rock Construction Exit. Provide crushed aggregate for long- and short-term construction exits. Furnish aggregates that are clean, hard, durable, and free of adherent coatings such as salt, alkali, dirt, clay, loam, shale, soft or flaky materials, and organic and injurious matter. Use 4–8-in. aggregate for Type 1. Use 2–4-in. aggregate for Type 3. 2.4.2. Timber Construction Exit. Furnish No. 2 quality or better railroad ties and timbers for long-term construction exits, free of large and loose knots and treated to control rot. Fasten timbers using nuts and bolts or lag bolts, of at least 1/2 in. diameter, unless otherwise shown on the plans or allowed. Provide plywood or pressed wafer board at least 1/2 in. thick for short-term exits. 2.4.3. Foundation Course. Provide a foundation course consisting of flexible base, bituminous concrete, hydraulic cement concrete, or other materials as shown on the plans or directed. 2.5. Embankment for Erosion Control. Provide rock, loam, clay, topsoil, or other earth materials that will form a stable embankment to meet the intended use. 2.6. Pipe. Provide pipe outlet material in accordance with Item 556 and as shown on the plans. 2.7. Construction Perimeter Fence. 2.7.1. Posts. Provide essentially straight wood or steel posts that are at least 60 in. long. Furnish soft wood posts with a minimum diameter of 3 in. or use nominal 2 × 4-in. boards. Furnish hardwood posts with a minimum cross-section of 1-1/2 × 1-1/5 in. Furnish T- or L-shaped steel posts with a minimum weight of 1.25 lb. per foot. 2.7.2. Fence. Provide orange construction fencing as approved. 2.7.3. Fence Wire. Provide 14-gauge or larger galvanized smooth or twisted wire. Provide 16-gauge or larger tie wire. 2.7.4. Flagging. Provide brightly colored flagging that is fade-resistant and at least 3/4 in. wide to provide maximum visibility both day and night. 2.7.5. Staples. Provide staples with a crown at least 1/2 in. wide and legs at least 1/2 in. long. 2.7.6. Used Materials. Previously used materials meeting the applicable requirements may be used if approved. 2.8. Sandbags. Provide sandbag material of polypropylene, polyethylene, or polyamide woven fabric with a minimum unit weight of 4 oz. per square yard, a Mullen burst-strength exceeding 300 psi, and an ultraviolet (UV) stability exceeding 70%. Use natural coarse sand or manufactured sand meeting the gradation shown in Table 1 to fill sandbags. Filled sandbags must be 24–30 in. long, 16–18 in. wide, and 6–8 in. thick. 2024 Specifications 506 3 Table 1 Sand Gradation Sieve Size Retained (% by Weight) #4 Maximum 3% #100 Minimum 80% #200 Minimum 95% Aggregate may be used instead of sand for situations where sandbags are not adjacent to traffic. The aggregate size must not exceed 3/8 in. 2.9. Temporary Sediment Control Fence. Provide a net-reinforced fence using woven geotextile fabric. Logos visible to the traveling public will not be allowed. 2.9.1. Fabric. Provide fabric materials in accordance with DMS-6230, “Temporary Sediment Control Fence Fabric.” 2.9.2. Posts. Provide essentially straight wood or steel posts with a minimum length of 48 in., unless otherwise shown on the plans. Furnish soft wood posts at least 3 in. in diameter or use nominal 2 × 4-in. boards. Furnish hardwood posts with a minimum cross-section of 1-1/2 × 1-1/2 in. Furnish T- or L-shaped steel posts with a minimum weight of 1.25 lb. per foot. 2.9.3. Net Reinforcement. Provide net reinforcement of at least 12.5-gauge (Standard Wire Gauge) galvanized welded wire mesh, with a maximum opening size of 2 × 4 in., at least 24 in. wide, unless otherwise shown on the plans. 2.9.4. Staples. Provide staples with a crown at least 3/4 in. wide and legs 1/2 in. long. 2.9.5. Used Materials. Use recycled material meeting the applicable requirements if approved. 2.10. Biodegradable Erosion Control Logs. 2.10.1. Core Material. Furnish core material that is biodegradable or recyclable. Use compost, mulch, aspen excelsior wood fibers, chipped site vegetation, agricultural rice or wheat straw, coconut fiber, 100% recyclable fibers, or any other acceptable material unless specifically shown on the plans. Permit no more than 5% of the material to escape from the containment mesh. Furnish compost in accordance with Item 161. 2.10.2. Containment Mesh. Furnish containment mesh that is 100% biodegradable, photodegradable, or recyclable, such as burlap, twine, UV photodegradable plastic, polyester, or any other acceptable material. Furnish biodegradable or photodegradable containment mesh when log will remain in place as part of a vegetative system. Furnish recyclable containment mesh for temporary installations. 2.10.3. Size. Furnish biodegradable erosion control logs with diameters as shown on the plans or as directed. Stuff containment mesh densely so logs do not deform. 3. QUALIFICATIONS, TRAINING, AND EMPLOYEE REQUIREMENTS 3.1. Contractor Responsible Person Environmental (CRPE) Qualifications and Responsibilities. Provide and designate in writing at the preconstruction conference a CRPE and alternate CRPE who have overall responsibility for managing environmental compliance. The CRPE will implement stormwater and erosion control practices, oversee and observe stormwater control measure monitoring and management, oversee environmental compliance requirements, and monitor the project site daily and produce daily monitoring reports as long as there are BMPs in place or soil disturbing activities are evident to ensure compliance with the SWP3 and TPDES CGP TXR150000. Take required training in accordance with Section 7.7.4.4, “Training.” 2024 Specifications 506 4 Maintain daily monitor reports and make them available within 24 hr. upon request. During time suspensions when work is not occurring or on Contract non-work days, daily inspections are not required unless a rain event has occurred. The CRPE will provide recommendations on how to improve the effectiveness of control measures. Attend the Department’s preconstruction conference for the project. Ensure training is completed in accordance with Section 7.7.4.4., “Training,” by all applicable personnel before employees work on the project. Document, maintain, and make available within 24 hr. of a request, a list, signed by the CRPE, of all applicable Contractor and subcontractor employees who have completed the training. Include the employee’s name, the training course name, and the date the employee completed the training. 3.2. Contractor Superintendent Qualifications and Responsibilities. Provide a superintendent who is competent, has experience with and knowledge of stormwater management, and is knowledgeable of the requirements and the conditions of the TPDES CGP TXR150000. The superintendent will manage and oversee the day-to-day operations and activities at the project site, work with the CRPE to provide effective stormwater management at the project site, represent and act on behalf of the Contractor, and attend the Department’s preconstruction conference for the project. Take training as required in Section 7.7.4.4., “Training.” 4. CONSTRUCTION 4.1. Contractor Responsibilities. Implement the SWP3 for the project site in accordance with the plans and specifications, TPDES CGP TXR150000, and as directed. Coordinate stormwater management with all other work on the project. Develop and implement an SWP3 for project-specific material supply plants within and outside the Department’s right of way in conformance with the specific or general stormwater permit requirements. Prevent water pollution from stormwater associated with construction activity from entering any surface water or private property on or adjacent to the project site. 4.2. Implementation. The CRPE, or alternate CRPE, must be accessible by telephone and able to respond to project-related stormwater management or other environmental emergencies 24 hr. per day. 4.2.1. Commencement. Implement the SWP3 as shown on the plans and as directed. Contractor-proposed recommendations for changes will be allowed as approved. Conform to the established guidelines in the TPDES CGP TXR150000 to make changes. Do not implement changes until approval has been received and changes have been incorporated into the plans. Minor adjustments to meet field conditions are allowed and will be recorded in the SWP3. 4.2.2. Phasing. Implement control measures before the commencement of activities that result in soil disturbance. Phase and minimize the soil disturbance to the areas shown on the plans. Coordinate temporary control measures with permanent control measures and all other work activities on the project to assure economical, effective, safe, and continuous water pollution prevention. Provide control measures that are appropriate to the construction means, methods, and sequencing allowed by the Contract. Exercise precaution throughout the life of the project to prevent pollution of ground waters and surface waters. Schedule and perform clearing and grubbing operations so that stabilization measures will follow immediately thereafter if project conditions permit. Bring all grading sections to final grade as soon as possible and implement temporary and permanent control measures at the earliest time possible. Implement temporary control measures when required by TPDES CGP TXR150000 or otherwise necessitated by project conditions. Do not prolong final grading and shaping. Preserve vegetation where possible throughout the project, and minimize clearing, grubbing, and excavation within stream banks, bed, and approach sections. 4.3. General. 4.3.1. Temporary Alterations or Control Measure Removal. Altering or removal of control measures is allowed when control measures are restored within the same working day. 2024 Specifications 506 5 4.3.2. Stabilization. Initiate stabilization for disturbed areas no more than 14 days after the construction activities in that portion of the site have temporarily or permanently ceased. Establish a uniform vegetative cover or use another stabilization practice in accordance with TPDES CGP TXR150000. 4.3.3. Finished Work. Remove and dispose of all temporary control measures upon acceptance of vegetative cover or other stabilization practice unless otherwise directed. Complete soil disturbing activities and establish a uniform perennial vegetative cover. A project will not be considered for acceptance until a vegetative cover of 70% density of existing adjacent undisturbed areas is obtained or equivalent permanent stabilization is obtained in accordance with TPDES CGP TXR150000. The Engineer may accept the work before vegetative cover of 70% density of existing adjacent undisturbed areas. An exception will be allowed in arid areas as defined in TPDES CGP TXR150000. 4.3.4. Restricted Activities and Required Precautions. Do not discharge onto the ground or into surface waters any pollutants such as chemicals, raw sewage, fuels, lubricants, coolants, hydraulic fluids, bitumens, or any other petroleum product. Operate and maintain equipment onsite to prevent actual or potential water pollution. Manage, control, and dispose of litter onsite such that no adverse impacts to water quality occur. Prevent dust from creating a potential or actual unsafe condition, public nuisance, or condition endangering the value, utility, or appearance of any property. Wash out concrete trucks only as described in TPDES CGP TXR150000. Use appropriate controls to minimize the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water (i.e., dewatering). Immediately address chemical and hydrocarbon spills caused by the Contractor. Keep a spill kit onsite. Prevent discharges that would contribute to a violation of Edwards Aquifer Rules, water quality standards, the impairment of a listed water body, or other state or federal law. 4.4. Installation, Maintenance, and Removal Work. Perform work in accordance with the SWP3, in conformance with manufacturers’ guidelines, and in accordance with TPDES CGP TXR150000. Install and maintain the integrity of temporary erosion and sedimentation control devices to accumulate silt and debris until soil disturbing activities are completed and permanent erosion control features are in place, or the disturbed area has been adequately stabilized as approved. The Department will inspect and document the condition of the control measures at the frequency shown on the plans and will provide the Construction SWP3 Field Inspection and Maintenance Reports to the Contractor. Make corrections as soon as possible before the next anticipated rain event or within 7 calendar days after being able to enter the worksite for each control measure. The only acceptable reason for not accomplishing the corrections within the timeframe specified is when site conditions are considered “too wet to work.” Take immediate action if a correction is deemed critical as directed. When corrections are not made within the established timeframe, all work will cease on the project and time charges will continue while the control measures are brought into compliance. Commence work once the Engineer reviews and documents the project is in compliance. Commencing work does not release the Contractor of the liability for noncompliance with the SWP3, the plans, or TPDES CGP TXR150000. The Engineer may limit the disturbed area if the Contractor cannot control soil erosion and sedimentation resulting from the Contractor’s operations. Implement additional controls as directed. Remove devices upon approval or as directed. Finish-grade and dress the area upon removal. Stabilize disturbed areas in accordance with TPDES CGP TXR150000, and as shown on the plans or directed. Materials removed are considered consumed by the project. Retain ownership of stockpiled material and remove it from the project when new installations or replacements are no longer required. 4.4.1. Rock Filter Dams for Erosion Control. Remove trees, brush, stumps, and other objectionable material that may interfere with the construction of rock filter dams. Place sandbags as a foundation when required or at the Contractor’s option. Place the aggregate to the lines, height, and slopes specified, without undue voids for Types 1, 2, 3, and 5. Place the aggregate on the mesh and then fold the mesh at the upstream side over the aggregate and secure it to itself on the downstream side using wire ties, or hog rings for Type 2 and Type 3, or as directed. 2024 Specifications 506 6 Place rock filter dams perpendicular to the flow of the stream or channel unless otherwise directed. Construct filter dams in accordance with the following criteria unless otherwise shown on the plans. 4.4.1.1. Type 1 (Non-Reinforced).  Height. At least 18 in. measured vertically from existing ground to top of filter dam.  Top Width. At least 2 ft.  Slopes. No steeper than 2:1. 4.4.1.2. Type 2 (Reinforced).  Height. At least 18 in. measured vertically from existing ground to top of filter dam.  Top Width. At least 2 ft.  Slopes. No steeper than 2:1. 4.4.1.3. Type 3 (Reinforced).  Height. At least 36 in. measured vertically from existing ground to top of filter dam.  Top Width. At least 2 ft.  Slopes. No steeper than 2:1. 4.4.1.4. Type 4 (Sack Gabions). Unfold sack gabions and smooth out kinks and bends. Connect the sides by lacing in a single-loop-double-loop pattern on 4–5-in. spacing for vertical filling. Pull the end lacing rod at one end until tight, wrap around the end, and twist four times. Fill with stone at the filling end, pull the rod tight, cut the wire with approximately 6 in. remaining, and twist wires four times. Place the sack flat in a filling trough, fill with stone, connect sides, and secure ends as described above for horizontal filling. Lift and place without damaging the gabion. Shape sack gabions to existing contours. 4.4.1.5. Type 5. Provide rock filter dams as shown on the plans. 4.4.2. Temporary Pipe Slope Drains. Install pipe with a slope as shown on the plans or as directed. Construct embankment for the drainage system in 8-in. lifts to the required elevations. Hand-tamp the soil around and under the entrance section to the top of the embankment as shown on the plans or as directed. Form the top of the embankment or earth dike over the pipe slope drain at least 1 ft. higher than the top of the inlet pipe at all points. Secure the pipe with hold-downs or hold-down grommets spaced at most 10 ft. on center. Construct the energy dissipaters or sediment traps as shown on the plans or as directed. Construct the sediment trap using concrete or rubble riprap in accordance with Item 432, when shown on the plans. 4.4.3. Temporary Paved Flumes. Construct paved flumes as shown on the plans or as directed. Provide excavation and embankment (including compaction of the subgrade) of material to the dimensions shown on the plans unless otherwise indicated. Install a rock or rubble riprap energy dissipater, constructed from the materials specified above, to a minimum depth of 9 in. at the flume outlet to the limits shown on the plans or as directed. 4.4.4. Construction Exits. Prevent traffic from crossing or exiting the construction site or moving directly onto a public roadway, alley, sidewalk, parking area, or other right of way areas other than at the location of construction exits when tracking conditions exist. Construct exits for either long- or short-term use. 4.4.4.1. Long-Term. Place the exit over a foundation course as required. Grade the foundation course or compacted subgrade to direct runoff from the construction exits to a sediment trap as shown on the plans or as directed. Construct exits with a width of at least 14 ft. for one-way and 20 ft. for two-way traffic for the full width of the exit, or as directed. 4.4.4.1.1. Type 1. Construct to a depth of at least 8 in. using crushed aggregate as shown on the plans or as directed. 2024 Specifications 506 7 4.4.4.1.2. Type 2. Construct using railroad ties and timbers as shown on the plans or as directed. 4.4.4.2. Short-Term. 4.4.4.2.1. Type 3. Construct using crushed aggregate, plywood, or wafer board. This type of exit may be used for daily operations where long-term exits are not practical. 4.4.4.2.2. Type 4. Construct as shown on the plans or as directed. 4.4.5. Earthwork for Erosion Control. Perform excavation and embankment operations to minimize erosion and to remove collected sediments from other erosion control devices. 4.4.5.1. Excavation and Embankment for Erosion Control Features. Place earth dikes, swales, or combinations of both along the low crown of daily lift placement, or as directed, to prevent runoff spillover. Place swales and dikes at other locations as shown on the plans or as directed to prevent runoff spillover or to divert runoff. Construct cuts with the low end blocked with undisturbed earth to prevent erosion of hillsides. Construct sediment traps at drainage structures in conjunction with other erosion control measures as shown on the plans or as directed. Create a sediment basin, where required, providing 3,600 cu. ft. of storage per acre drained, or equivalent control measures for drainage locations that serve an area with 10 or more disturbed acres at one time, not including offsite areas. 4.4.5.2. Excavation of Sediment and Debris. Remove sediment and debris when accumulation affects the performance of the devices, after a rain, and when directed. 4.4.6. Construction Perimeter Fence. Construct, align, and locate fencing as shown on the plans or as directed. 4.4.6.1. Installation of Posts. Embed posts 18 in. deep or adequately anchor in rock, with a spacing of 8–10 ft. 4.4.6.2. Wire Attachment. Attach the top wire to the posts at least 3 ft. from the ground. Attach the lower wire midway between the ground and the top wire. 4.4.6.3. Flag Attachment. Attach flagging to both wire strands midway between each post. Use flagging at least 18 in. long. Tie flagging to the wire using a square knot. 4.4.7. Sandbags for Erosion Control. Construct a berm or dam of sandbags that will intercept sediment-laden stormwater runoff from disturbed areas, create a retention pond, detain sediment, and release water in sheet flow. Fill each bag with sand so that at least the top 6 in. of the bag is unfilled to allow for proper tying of the open end. Place the sandbags with their tied ends in the same direction. Offset subsequent rows of sandbags 1/2 the length of the preceding row. Place a single layer of sandbags downstream as a secondary debris trap. Place additional sandbags as necessary or as directed for supplementary support to berms or dams of sandbags or earth. 4.4.8. Temporary Sediment Control Fence. Provide temporary sediment control fence near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. Incorporate the fence into erosion control measures used to control sediment in areas of higher flow. Install the fence as shown on the plans, in accordance with this Section, or as directed. 4.4.8.1. Installation of Posts. Embed posts at least 18 in. deep or adequately anchor, if in rock, with a spacing of 6--8 ft., and install on a slight angle toward the runoff source. 4.4.8.2. Fabric Anchoring. Dig trenches along the uphill side of the fence to anchor 6–8 in. of fabric. Provide a minimum trench cross-section of 6 × 6 in. Place the fabric against the side of the trench and align approximately 2 in. of fabric along the bottom in the upstream direction. Backfill the trench, then hand-tamp. 2024 Specifications 506 8 4.4.8.3. Fabric and Net Reinforcement Attachment. Attach the reinforcement to wooden posts using staples, or to steel posts using T-clips, in at least four places equally spaced unless otherwise shown on the plans. Sewn vertical pockets may be used to attach reinforcement to end posts. Fasten the fabric to the top strand of reinforcement using hog rings or cord every 15 in. or less. 4.4.8.4. Fabric and Net Splices. Locate splices at a fence post with a minimum lap of 6 in. attached in at least six places equally spaced unless otherwise shown on the plans. Do not locate splices in concentrated flow areas. Requirements for installation of used temporary sediment control fence include the following:  fabric with minimal or no visible signs of biodegradation (weak fibers),  fabric without excessive patching (more than one patch every 15–20 ft.),  posts without bends, and  backing without holes. 4.4.9. Biodegradable Erosion Control Logs. Install biodegradable erosion control logs near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. Incorporate the biodegradable erosion control logs into the erosion measures used to control sediment in areas of higher flow. Install, align, and locate the biodegradable erosion control logs as specified below, as shown on the plans, or as directed. Secure biodegradable erosion control logs in a method adequate to prevent displacement resulting from normal rain events, to prevent damage to the logs, and as approved, such that flow is not allowed under the logs. Temporarily removing and replacing biodegradable erosion logs to facilitate daily work is allowed at the Contractor’s expense. 4.4.10. Vertical Tracking. Perform vertical tracking on slopes to temporarily stabilize soil. Provide equipment with a track undercarriage capable of producing a linear soil impression measuring at least 12 in. long × 2–4 in. wide × 1/2–2 in. deep. Do not exceed 12 in. between track impressions. Install continuous linear track impressions where the 12-in. length impressions are perpendicular to the slope. Vertical tracking is required on projects where soil disturbing activities have occurred, unless otherwise approved. 4.5. Monitoring and Documentation. Monitor the control measures daily as long as there are BMPs in place or soil disturbing activities are evident to ensure compliance with the SWP3 and TPDES CGP TXR150000. During time suspensions when work is not occurring or contract non-work days, daily inspections are not required unless a rain event has occurred. Monitoring will consist of, but is not limited to, observing, inspecting, and documenting site locations with control measures and discharge points to provide maintenance and inspection of controls in accordance with the SWP3. Keep written records of daily monitoring. Document in the daily monitoring report the control measure condition, the date of inspection, required corrective actions, the responsible person for making the corrections, and the date corrective actions were completed. Maintain records of all monitoring reports at the project site or at an approved place. Provide copies within 7 days. Together, the CRPE and an Engineer’s representative will complete the Construction Stage Gate Checklist periodically as directed. 5. MEASUREMENT 5.1. Rock Filter Dams. Installation or removal of rock filter dams will be measured by the foot or by the cubic yard. The measured volume will include sandbags, when used. 5.1.1. Linear Measurement. When rock filter dams are measured by the foot, measurement will be along the centerline of the top of the dam. 5.1.2. Volume Measurement. When rock filter dams are measured by the cubic yard, measurement will be based on the volume of rock computed by the method of average end areas. 5.1.2.1. Installation. Measurement will be made in final position. 2024 Specifications 506 9 5.1.2.2. Removal. Measurement will be made at the point of removal. 5.2. Temporary Pipe Slope Drains. Temporary pipe slope drains will be measured by the foot. 5.3. Temporary Paved Flumes. Temporary paved flumes will be measured by the square yard of surface area. The measured area will include the energy dissipater at the flume outlet. 5.4. Construction Exits. Construction exits will be measured by the square yard of surface area. 5.5. Earthwork for Erosion and Sediment Control. 5.5.1. Equipment and Labor Measurement. Equipment and labor used will be measured by the actual number of hours the equipment is operated and the labor is engaged in the work. 5.5.2. Volume Measurement. 5.5.2.1. In Place. 5.5.2.1.1. Excavation. Excavation will be measured by the cubic yard in its original position and the volume computed by the method of average end areas. 5.5.2.1.2. Embankment. Embankment will be measured by the cubic yard in its final position by the method of average end areas. The volume of embankment will be determined between:  the original ground surfaces or the surface upon which the embankment is to be constructed for the feature and  the lines, grades, and slopes of the accepted embankment for the feature. 5.5.2.2. In Vehicles. Excavation and embankment quantities will be combined and paid for under “Earthwork (Erosion and Sediment Control, In Vehicle).” Excavation will be measured by the cubic yard in vehicles at the point of removal. Embankment will be measured by the cubic yard in vehicles measured at the point of delivery. Shrinkage or swelling factors will not be considered in determining the calculated quantities. 5.6. Construction Perimeter Fence. Construction perimeter fence will be measured by the foot. 5.7. Sandbags for Erosion Control. Sandbags will be measured as each sandbag or by the foot along the top of sandbag berms or dams. 5.8. Temporary Sediment Control Fence. Installation or removal of temporary sediment control fence will be measured by the foot. 5.9. Biodegradable Erosion Control Logs. Installation or removal of biodegradable erosion control logs will be measured by the foot along the centerline of the top of the control logs. 5.10. Vertical Tracking. Vertical tracking will not be measured or paid for directly, but will be subsidiary to this Item. 6. PAYMENT The following will not be paid for directly, but will be subsidiary to pertinent Items:  erosion control measures for Contractor project-specific locations (PSLs) inside and outside the right of way (e.g., construction and haul roads, field offices, equipment and supply areas, plants, and material sources);  removal of litter, unless a separate pay item is shown on the plans;  repair to devices and features damaged by Contractor operations; 2024 Specifications 506 10  added measures and maintenance needed due to negligence, carelessness, lack of maintenance, and failure to install permanent controls;  removal and reinstallation of devices and features needed for the convenience of the Contractor;  finish grading and dressing upon removal of the device; and  minor adjustments including but not limited to plumbing posts, reattaching fabric, minor grading to maintain slopes on an erosion embankment feature, or moving small numbers of sandbags. Stabilization of disturbed areas will be paid for under pertinent Items except vertical tacking, which will be subsidiary. Furnishing and installing pipe for outfalls associated with sediment traps and ponds will not be paid for directly, but will be subsidiary to the excavation and embankment under this Item. 6.1. Rock Filter Dams. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid as follows. 6.1.1. Installation. Installation will be paid for as “Rock Filter Dams (Install)” of the type and slope as specified. This price is full compensation for furnishing and operating equipment, finish backfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals. 6.1.2. Removal. Removal will be paid for as “Rock Filter Dams (Remove).” This price is full compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and incidentals. When the Engineer directs that the rock filter dam installation or portions thereof be replaced, payment will be made at the unit price bid for “Rock Filter Dams (Remove)” and for “Rock Filter Dams (Install)” of the type specified. This price is full compensation for furnishing and operating equipment, finish backfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals. 6.2. Temporary Pipe Slope Drains. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Temporary Pipe Slope Drains” of the size specified. This price is full compensation for furnishing materials, removal and disposal, furnishing and operating equipment, labor, tools, and incidentals. Removal of temporary pipe slope drains will not be paid for directly, but will be subsidiary to the installation Item. When the Engineer directs that the pipe slope drain installation or portions thereof be replaced, payment will be made at the unit price bid for “Temporary Pipe Slope Drains” of the size specified, which is full compensation for the removal and reinstallation of the pipe drain. Earthwork required for the pipe slope drain installation, including construction of the sediment trap, will be measured and paid for under “Earthwork for Erosion and Sediment Control.” Riprap concrete or stone, when used as an energy dissipater or as a stabilized sediment trap, will be measured and paid for in accordance with Item 432. 6.3. Temporary Paved Flumes. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Temporary Paved Flume (Install)” or “Temporary Paved Flume (Remove).” This price is full compensation for furnishing and placing materials, removal and disposal, equipment, labor, tools, and incidentals. When the Engineer directs that the paved flume installation or portions thereof be replaced, payment will be made at the unit prices bid for “Temporary Paved Flume (Remove)” and “Temporary Paved Flume (Install).” These prices are full compensation for the removal and replacement of the paved flume and for equipment, labor, tools, and incidentals. Earthwork required for the paved flume installation, including construction of a sediment trap, will be measured and paid for under “Earthwork for Erosion and Sediment Control.” 2024 Specifications 506 11 6.4. Construction Exits. Contractor-required construction exits from off right of way locations or on right of way PSLs will not be paid for directly, but will be subsidiary to pertinent Items. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” for construction exits needed on right of way access to work areas required by the Department will be paid for at the unit price bid for “Construction Exits (Install)” of the type specified or “Construction Exits (Remove).” This price is full compensation for furnishing and placing materials, excavating, removal and disposal, cleaning vehicles, labor, tools, and incidentals. When the Engineer directs that a construction exit or portion thereof be removed and replaced, payment will be made at the unit prices bid for “Construction Exit (Remove)” and “Construction Exit (Install)” of the type specified. These prices are full compensation for the removal and replacement of the construction exit and for equipment, labor, tools, and incidentals. Construction of sediment traps used in conjunction with the construction exit will be measured and paid for under “Earthwork for Erosion and Sediment Control.” 6.5. Earthwork for Erosion and Sediment Control. 6.5.1. Initial Earthwork for Erosion and Sediment Control. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Excavation (Erosion and Sediment Control, In Place),” “Embankment (Erosion and Sediment Control, In Place),” “Excavation (Erosion and Sediment Control, In Vehicle),” “Embankment (Erosion and Sediment Control, (In Vehicle),” or “Earthwork (Erosion and Sediment Control, In Vehicle).” This price is full compensation for excavation and embankment, including hauling; disposal of material not used elsewhere on the project; embankments including furnishing material from approved sources and construction of erosion control features; and equipment, labor, tools, and incidentals. Sprinkling and rolling required by this Item will not be paid for directly, but will be subsidiary to this Item. 6.5.2. Maintenance Earthwork for Erosion and Sediment Control for Cleaning and Restoring Control Measures. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid under a Contractor Force Account Item from invoice provided to the Engineer. This price is full compensation for excavation, embankment, and re-grading, including dewatering for removal of accumulated sediment, and the removal of accumulated sediment in various erosion control installations as directed, hauling, and disposal of material not used elsewhere on the project; excavation for construction of erosion control features; embankments, including furnishing material from approved sources and construction of erosion control features; and equipment, labor, tools, and incidentals. Earthwork needed to remove and obliterate erosion control features will not be paid for directly, but will be subsidiary to pertinent Items unless otherwise shown on the plans. Sprinkling and rolling required by this Item will not be paid for directly, but will be subsidiary to this Item. 6.6. Construction Perimeter Fence. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Construction Perimeter Fence.” This price is full compensation for furnishing and placing the fence; digging, fence posts, wire, and flagging; removal and disposal; and materials, equipment, labor, tools, and incidentals. Removal of construction perimeter fence will not be paid for directly, but will be subsidiary to the installation Item. When the Engineer directs that the perimeter fence installation or portions thereof be removed and replaced, payment will be made at the unit price bid for “Construction Perimeter Fence,” which is full compensation for the removal and reinstallation of the construction perimeter fence. 2024 Specifications 506 12 6.7. Sandbags for Erosion Control. Sandbags will be paid for at the unit price bid for “Sandbags for Erosion Control” (of the height specified when measurement is by the foot). This price is full compensation for materials, placing sandbags, removal and disposal, equipment, labor, tools, and incidentals. Removal of sandbags will not be paid for directly, but will be subsidiary to the installation Item. When the Engineer directs that the sandbag installation or portions thereof be replaced, payment will be made at the unit price bid for “Sandbags for Erosion Control,” which is full compensation for the reinstallation of the sandbags. 6.8. Temporary Sediment Control Fence. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid as follows. 6.8.1. Installation. Installation will be paid for as “Temporary Sediment-Control Fence (Install).” This price is full compensation for furnishing and operating equipment, finish backfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals. 6.8.2. Removal. Removal will be paid for as “Temporary Sediment-Control Fence (Remove).” This price is full compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and incidentals. 6.9. Biodegradable Erosion Control Logs. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid as follows. 6.9.1. Installation. Installation will be paid for as “Biodegradable Erosion Control Logs (Install)” of the size specified. This price is full compensation for furnishing and operating equipment, finish backfill and grading, staking, proper disposal, labor, materials, tools, and incidentals. 6.9.2. Removal. Removal will be paid for as “Biodegradable Erosion Control Logs (Remove).” This price is full compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and incidentals. 6.10. Vertical Tracking. Vertical tracking will not be measured or paid for directly, but will be subsidiary to this Item. 2024 Specifications 531 1 Item 531 Sidewalks 1. DESCRIPTION Construct hydraulic cement concrete sidewalks, Americans with Disabilities Act ramps, and steps. 2. MATERIALS Furnish materials in accordance with the following.  Item 360, “Concrete Pavement”  Item 420, “Concrete Substructures”  Item 421, “Hydraulic Cement Concrete”  Item 440, “Reinforcement for Concrete” Use Class A concrete unless otherwise shown on the plans. Use Grade 8 coarse aggregate for extruded Class A concrete. Use other grades if approved. Use of fibers meeting the requirements of DMS-4550, “Fibers for Concrete,” to replace reinforcing steel in Class A concrete is allowed unless otherwise shown on the plans. Dose fibers in accordance with the Department’s MPL of prequalified fibers for concrete. Furnish detectable warning material in accordance with DMS-4350, “Detectable Warning Material.” 3. CONSTRUCTION Shape and compact subgrade, foundation, or pavement surface to the line, grade, and cross-section shown on the plans. Lightly sprinkle subgrade or foundation material immediately before concrete placement. Hand- tamp and sprinkle foundation when placement is directly on subgrade or foundation materials. Remove and dispose of existing concrete in accordance with Item 104, “Removing Concrete.” Provide a clean surface for concrete placement directly on the surface material or pavement. Furnish and place reinforcing steel in accordance with Item 440 unless fiber reinforced concrete is used. Mix and place concrete in conformance with the pertinent Items. Hand-finishing is allowed for any method of construction. Finish exposed surfaces to a uniform transverse broom finish surface. Curb ramps must include a detectable warning surface and conform to details shown on the plans. Install joints as shown on the plans. Ensure that abrupt changes in sidewalk elevation do not exceed 1/4 in., sidewalk cross slope does not exceed 2%, curb ramp grade does not exceed 8.3%, and flares adjacent to the ramp do not exceed 10% slope measured parallel to the curb line. Ensure that the sidewalk depth and reinforcement are not less than the driveway cross-sectional details shown on the plans where a sidewalk crosses and is part of the concrete driveway. Use construction methods in conformance with manufacturers’ recommendations when installing detectable warning surface. Install detectable warning surface as shown on the plans. Provide finished work with a well-compacted mass, a surface free of voids and honeycomb, and the required true-to-line shape and grade. Cure for at least 72 hr. in accordance with Item 420. 2024 Specifications 531 2 3.1. Conventionally Formed Concrete. Provide pre-molded or board expansion joints of the thickness shown on the plans for sidewalk section lengths greater than 8 ft. but less than 40 ft., unless otherwise directed. Terminate workday production at an expansion joint. 3.2. Extruded or Slipformed Concrete. Provide any additional surface finishing immediately after extrusion or slipforming as shown on the plans. Construct joints at locations as shown on the plans or as directed. 4. MEASUREMENT Sidewalks will be measured by the square yard of surface area. Curb ramps will be measured by the square yard of surface area or by each. A curb ramp consists of the ramp, landing or turning space, adjacent flares or side curb, and detectable warning surface as shown on the plans. Steps will be measured by the square yard of horizontal surface area. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Concrete Sidewalks” of the depth specified, “Concrete Sidewalk (Steps),” and “Curb Ramps” of the type specified. This price is full compensation for surface preparation of sidewalk foundation; materials; removal and disposal of existing concrete; excavation, hauling, and disposal of excavated material; drilling and doweling into existing concrete curb, sidewalk, and pavement; repair of adjacent street or pavement structure damaged by these operations; and equipment, labor, materials, tools, and incidentals. Sidewalks that cross and are part of the concrete driveways or turnouts will be measured and paid for in accordance with Item 530, “Intersections, Driveways, and Turnouts.” 2024 Specifications 618 1 Item 618 Conduit 1. DESCRIPTION Furnish and install conduit; prepare existing conduit. 2. MATERIALS Provide new materials that comply with the details shown on the plans, the requirements of this Item, and the pertinent requirements of the following Items.  Item 400, “Excavation and Backfill for Structures”  Item 476, “Jacking, Boring, or Tunneling Pipe or Box” When specified on the plans, provide:  rigid metal conduit (RMC),  polyvinyl chloride (PVC) conduit,  high density polyethylene (HDPE) conduit,  liquid-tight flexible metal conduit (LFMC), or  liquid-tight flexible nonmetallic conduit (LFNC). Furnish conduit from new materials in accordance with DMS-11030, “Conduit.” Provide prequalified conduit from the Department’s MPL. When required by the Engineer, notify the Department in writing of selected materials from the MPL intended for use on each project. Provide other types of conduit not on the MPL that comply with the details shown on the plans and the NEC. Fabricate fittings such as junction boxes and expansion joints from a material like the connecting conduit, unless otherwise shown on the plans. Use watertight fittings. Do not use set screw fittings. Steel compression fittings are permissible. When using HDPE conduit, provide fittings that are UL-listed as electrical conduit connectors, or connect conduit by thermal fusing with an electrically heated welding method. Use red 3-in. 4-mil polyethylene underground warning tape that continuously states, “Caution Buried Electrical Line Below.” 3. CONSTRUCTION Perform work as shown on the plans and in accordance with this Item. Use established industry and utility safety practices when installing conduit located near underground utilities. Consult with the appropriate utility company before beginning work. 3.1. Installation of Conduit. Install conduit at least 18 in. deep below finished grade to top of conduit unless otherwise shown on the plans. Meet the requirements of the NEC when installing conduit. Secure and support conduit placed for concrete encasement such that the alignment will not be disturbed during placement of the concrete. Cap ends of conduit and close box openings before concrete is placed. Ream conduit to remove burrs and sharp edges. Use a standard conduit cutting die with a 3/4-in. taper per foot when conduit is threaded in the field. Galvanize or paint threads in accordance with Item 445, 2024 Specifications 618 2 “Galvanizing.” Fasten conduit placed on structures with conduit straps or hangers as shown on the plans or as directed. Fasten conduit within 3 ft. of each box or fitting and at other locations shown on the plans or as directed. Use two-hole type clamps for 2-in. diameter or larger conduit. Fit PVC and HDPE conduit terminations with bushings or bell ends. Fit metal conduit terminations with a grounding type bushing, except conduit used for duct cable casing that does not terminate in a ground box and is not exposed at any point. Conduit terminating in threaded bossed fittings does not need a bushing. Before installation of conductors or final acceptance, pull a properly sized mandrel or piston through the conduit to ensure that it is free of obstruction. Cap or plug empty conduit placed for future use. Perform trench excavation and backfilling as shown on the plans or as directed, and in accordance with Item 400. Excavation and backfilling will be subsidiary to the installation of the conduit. Jack and bore as shown on the plans or as directed, and in accordance with Item 476. Place warning tape approximately 10 in. above trenched conduit. Where existing surfacing is removed for placing conduit, repair by backfilling with material equal in composition and density to the surrounding areas and by replacing any removed surfacing, such as asphalt pavement or concrete riprap, with like material to equivalent condition. Mark conduit locations as directed. 3.2. Preparation of Conduit. Pull a mandrel through empty conduits. Use a mandrel with a diameter greater than 70% of the inside diameter of the conduit and 2-in. length. Repair or replace conduit runs that will not allow passage of the mandrel. Replace conduit deemed impractical to repair or that remains unsuitable in accordance with Item 618, “Conduit.” Clean the conduit by pulling a rubber swab slightly larger in diameter than the conduit. Blow compressed air through conduits that contain wires. Remove debris from the conduit by pushing a fish tape through the conduit. Do not use water to clear debris. Retest the conduit by blowing compressed air. Install one pull cord in each conduit for use in installing the conductors, cables, or innerduct. 4. MEASUREMENT This Item will be measured by the foot of conduit installed, or by the foot of conduit cleared, tested, replaced, and repaired. This is a plans quantity measurement Item. The quantity to be paid is the quantity shown in the proposal, unless modified by Article 9.2., “Plans Quantity Measurement.” Additional measurements or calculations will be made if adjustments of quantities are required. 5. PAYMENT 5.1. Installation of Conduit. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Conduit” of the type and size specified and the installation method specified as applicable, or for “Conduit (Prepare).” This price is full compensation for furnishing and installing conduit; cleaning and testing conduit; hanging, strapping, jacking, boring, tunneling, trenching, and furnishing and placing backfill; encasing in steel or concrete; replacing pavement structure, sod, riprap, curbs, or other surface; marking location of conduit (when required); furnishing and installing fittings, junction boxes, and expansion joints; and materials, equipment, labor, tools, and incidentals. Flexible conduit will not be paid for directly, but will be subsidiary to pertinent Items. Unless otherwise shown on the plans, no payment will be allowed under this Item for conduit used on electrical services or in foundations. 2024 Specifications 618 3 Repair of existing conduit will be paid for by the Department in accordance with Article 9.7., “Payment for Extra Work and Force Account Method.” 2024 Specifications 620 1 Item 620 Electrical Conductors 1. DESCRIPTION Furnish and install electrical conductors, except conductors specifically covered by other Items. 2. MATERIALS Provide new materials that comply with the details shown on the plans and the requirements of this Item. Use stranded insulated conductors that are rated for 600V, approved for wet locations, and marked in conformance with UL, NEC, and Canadian Standards Association (CSA) requirements. Furnish electrical conductors in accordance with DMS-11040, “Electrical Conductors.” Provide pre-qualified electrical conductors from the Department’s MPL. When required by the Engineer, notify the Department in writing of selected materials from the MPL intended for use on each project. Ensure all grounding conductors Size 8 AWG and larger are stranded, except for the grounding electrode conductor at the electrical service, which will be a 6-AWG solid conductor. Use white insulation for grounded (neutral) conductors, except grounded conductors Size 4 AWG and larger may be black with white tape marking at every accessible location. Do not use white insulation or marking for any other conductor except control wiring specifically shown on the plans. Ensure insulated grounding conductors are green, except insulated grounding conductors Size 4 AWG and larger may be black with green tape marking at every accessible location. Do not use green insulation or marking for any other conductor except control wiring specifically shown on the plans. 3. CONSTRUCTION Perform work as shown on the plans and in accordance with this Item. Splice conductors only in junction boxes, ground boxes, and transformer bases, and in poles and structures at the handholes. Splice as shown on the plans. Do not exceed the manufacturer’s recommended pulling tension. Use lubricant as recommended by the manufacturer. Install conductors in accordance with the NEC. Test insulation resistance on the conductors before making final connections and ensure each continuous run of insulated conductor has a minimum direct-current (DC) resistance of 5 megohms (MΩ) when tested at 1,000V DC. The Engineer may require verification testing of all or part of the conductor system. The Engineer will witness these verification tests. Replace conductors exhibiting an insulation resistance of less than 5 MΩ at no additional cost to the Department. 4. MEASUREMENT This Item will be measured by the foot of each single conductor. This is a plans quantity measurement Item. The quantity to be paid is the quantity shown in the proposal, unless modified by Article 9.2., “Plans Quantity Measurement.” Additional measurements or calculations will be made if adjustments of quantities are required. 2024 Specifications 620 2 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Electrical Conductors” of the types and sizes specified. This price is full compensation for furnishing, installing, and testing electrical conductors; furnishing and installing breakaway connectors; and materials, equipment, labor, tools, and incidentals, with the following exceptions:  conductors used in connecting the components of electrical services will be paid for under Item 628, “Electrical Services”;  conductors inside roadway illumination assemblies will be paid for under Item 610, “Roadway Illumination Assemblies”;  conductors inside traffic signal pole assemblies will be paid for under this Item; and  conductors used for internal wiring of equipment will not be paid for directly, but will be subsidiary to pertinent Items. 2024 Specifications 690 1 Item 690 Maintenance of Traffic Signals and Illumination 1. DESCRIPTION Furnish, install, modify, repair, replace, reroute, or remove components of a traffic signal or illumination system. 2. LICENSES AND CERTIFICATIONS Provide personnel with electrical licensing and electrical certification in accordance with Item 7, “Legal Relations and Responsibilities,” and all applicable Special Provisions to Item 7. 3. MATERIALS The Department will only furnish luminaires, luminaire poles, anchor bolts, transformer bases, traffic signal poles, mast arms, and controllers that become part of the final installation, unless otherwise shown on the plans. Submit a materials list to the Engineer for all poles, mast arms, and controllers needed. Pick up materials at the locations and times shown on the plans. Designate in writing the personnel authorized to pick up the materials. Furnish all materials required to repair breaks or shorts in electrical conductors and cables including, but not limited to, all concrete, ground boxes, wire mesh, conduit, conductors, and pipe casing. Ensure materials furnished by the Contractor meet all Department standards and specification requirements. When performing maintenance on luminaires, verify whether fixtures are covered under the manufacturer’s warranty. If warranty applies, coordinate with the Department and follow any necessary procedures to have the manufacturer replace or repair fixtures. Assume responsibility for all materials furnished by the Department. Use materials furnished by the Department for this Contract only. Return unused or removed materials deemed salvageable by the Engineer to the Department upon completion of the work and before final payment at location shown on the plans or as directed. Dispose of materials deemed unsalvageable by the Engineer in conformance with federal, state, and local regulations. When materials are required to be furnished by the Contractor, meet the “Materials” Article of the pertinent Item. 4. EQUIPMENT Furnish all equipment, tools, and machinery necessary for the proper prosecution of the work including, but not limited to:  an aerial device capable of reaching overhead work,  trenching machine,  boring machine,  concrete saw,  digger-boom truck,  underground conductor detectors, and  underground fault detectors and splicing tools. 2024 Specifications 690 2 Use only equipment, tools, and machinery in good repair and operating condition. Immediately repair or replace any equipment that, in the opinion of the Engineer, may affect the quality of work or safety. 5. WORK METHODS Conform to the latest edition of the NEC as adopted by TDLR, local utility requirements, the requirements of this Item, and the pertinent requirements of the following Items.  Item 104, “Removing Concrete”  Item 400, “Excavation and Backfill for Structures”  Item 416, “Drilled Shaft Foundations”  Item 421, “Hydraulic Cement Concrete”  Item 431, “Pneumatically Placed Concrete”  Item 432, “Riprap”  Item 440, “Reinforcement for Concrete”  Item 445, “Galvanizing”  Item 449, “Anchor Bolts”  Item 450, “Railing”  Item 476, “Jacking, Boring, or Tunneling Pipe or Box”  Item 610, “Roadway Illumination Assemblies”  Item 613, “High Mast Illumination Poles”  Item 614, “High Mast Illumination Assemblies”  Item 616, “Performance Testing of Lighting Systems”  Item 618, “Conduit”  Item 620, “Electrical Conductors”  Item 621, “Tray Cable”  Special Specification, “Duct Cable”  Item 624, “Ground Boxes”  Item 625, “Zinc-Coated Steel Wire Strand”  Item 627, “Treated Timber Poles”  Item 628, “Electrical Services”  Item 636, “Signs”  Item 656, “Foundations for Traffic Control Devices”  Item 680, “Highway Traffic Signals”  Item 682, “Vehicle and Pedestrian Signal Heads”  Item 684, “Traffic Signal Cables”  Item 685, “Roadside Flashing Beacon Assemblies”  Item 686, “Traffic Signal Pole Assemblies”  Item 687, “Pedestal Pole Assemblies”  Item 688, “Pedestrian and Vehicle Detectors” Perform the following work as directed. Maintain existing roadway illumination systems as directed. Perform a monthly inspection to determine whether any maintenance of the illumination system is needed and provide a detailed report to the Engineer. Provide proper maintenance or repairs within 48 hr. of notification. If the work requires time to procure materials, the Contractor must provide a purchase order with estimated delivery date and a schedule to complete the work. Submit completed maintenance log as directed. Coordinate electric power issues with local utility company. The term “duct cable” as used herein consists of a complete assembly of conductors enclosed in a high-density polyethylene duct. 2024 Specifications 690 3 Perform maintenance, installation, removal, or replacement activities located near any overhead or underground utilities using established industry and utility safety practices. Consult with the appropriate utility company before beginning such work. Maintain, install, repair, or replace the following items as shown on the plans, in accordance with the NEC, and as directed. 5.1. Conduit. Install, replace, remove, or modify conduits in accordance with Item 618, as shown on the plans, or as directed. Use 90° “sweep” type elbow on conduits entering a ground box or foundation. 5.2. Foundations. Install, replace, or remove concrete or screw-in foundations for traffic signal pole, pedestal pole, luminaire pole, and ground mount controller cabinets in accordance with Item 416 and Item 656, as shown on the plans, or as directed. Remove foundations in accordance with Item 610 and Item 104. Backfill in accordance with Item 400. 5.3. Concrete. Install concrete in accordance with Item 421. 5.4. Ground Box. Install ground boxes as shown on the plans and in accordance with Item 624. When shown on the plans, provide a Class A concrete apron in accordance with Item 421. Place ground box to line and grade as approved. All wiring connections required inside the ground box will be subsidiary to this bid item. Remove ground box and fill hole with approved fill to at least 6 in. below conduit level. Remove conductors and cables from conduit back to the point of termination. Uncover enough conduit that 90° bends can be removed and conduit reconnected. Clean conduit in accordance with Item 618 and pull and terminate new conductors and cables. Conduit replaced within 5 ft. of the ground box will be subsidiary to this Item. Cleaning of conduit and pulling of conductors will be paid for under “Install or Replace Conductor” or “Install or Replace Cable.” Backfill in accordance with Item 400. If more than 5 ft. of conduit or duct cable needs to be replaced, the additional will be paid for under “Replace Underground Conduit” or “Replace Duct Cable.” If applicable, ground box removal includes removing the existing riprap apron. 5.5. Vehicle and Pedestrian Detectors. Install, repair, replace, remove, or modify pedestrian push buttons and vehicle loop detectors in accordance with Item 688, as shown on the plans, or as directed. 5.6. Electrical Service. Install, repair, replace, remove, or modify an electrical service assembly in accordance with Item 628, as shown on the plans, or as directed. Mount any or all of the following on an electrical service support assembly.  Conduit  Weather head  Load center  Meter base  Lightning protection  Wiring  Associated hardware 5.7. Signal Pole. Install, repair, replace, remove, or modify signal poles in conformance with pertinent Items, as shown on the plans, or as directed. Comply with Item 627 for timber signal poles with guy wires and anchors and Item 686 for steel poles with concrete foundations. Remove timber poles and anchors completely, to 24 in. below ground level, or as directed. Remove concrete foundations to 2 ft. below ground level, or as directed. Install, repair, replace, remove, or modify pedestrian signal pole assemblies in accordance with Item 687, as shown on the plans, or as directed. Install, repair, replace, remove, or modify roadside flashing beacons in accordance with Item 685, as shown on the plans, or as directed. 2024 Specifications 690 4 5.8. Luminaire Poles. Install, repair, replace, remove, or modify luminaire poles in accordance with Item 610, as shown on the plans, or as directed. Remove concrete foundations to 2 ft. below ground level, or as directed. 5.9. Down Guy. Install, replace, remove, or modify down guy with guard or down guy with anchor and guard. 5.10. Steel Wire Strand. Install, replace, or remove steel wire strand in accordance with Item 625, as shown on the plans, or as directed. Attach strain wire on timber poles using a 5/8-in. straight thimble-eye bolt. Attach steel strain wire on metal poles using at least two turns of wire around the pole. Place and properly tighten the three-bolt clamp as near as possible to the pole. 5.11. Luminaire Head and Mast Arm. Install, replace, remove, or modify luminaire heads, arms, bulbs, photocells, and hardware in accordance with Item 610, as shown on the plans, or as directed. Install material in conformance with manufacturer’s specifications. Fuse luminaires individually in the signal pole hand-hole. 5.12. Signal Head Assembly. Install, repair, replace, remove, or modify pedestrian signal heads or vehicle signal head assemblies in accordance with Item 682, as shown on the plans, or as directed. Mount signal heads with a strain wire hanger clamp, bracket arm assembly, or mast arm bracket assembly. Signal head assemblies consist of 1–12 signal sections. Install signal heads as shown on the plans, or as directed. Assemble the signal heads with backplates, louvers, and brackets as needed. Mount all signal heads at the same elevation. Install signal head perpendicular to the travel lane it controls. Plumb all signal heads vertically and horizontally. 5.13. Traffic Signal Controller Cabinet, Ground Mount. Install, repair, replace, remove, or modify ground mounted cabinet. Plumb and tighten the cabinet. Apply silicone sealant around the base of the cabinet. Coil all cabling that enters the cabinet neatly on the cabinet floor. Mark and terminate each cable as shown on the plans, or as directed. 5.14. Traffic Signal Controller Cabinet, Pole Mount. Install, repair, replace, remove, or modify pole-mounted cabinet. Plumb and tighten the cabinet. Coil all cabling that enters the cabinet neatly on the cabinet floor. Mark and terminate each cable as shown on the plans, or as directed. 5.15. Flashing Beacon Controller Cabinet. Install, repair, replace, remove, or modify flasher cabinet. Plumb and tighten the cabinet. Coil all cabling that enters the cabinet neatly on the cabinet floor. Mark and terminate each cable as shown on the plans, or as directed. 5.16. Cables. Install, repair, replace, remove, reroute, or modify signal, loop lead-in, electrical, communication, or illumination cables in conduits or along messenger wires in accordance with Item 620, Item 621, and Item 684; as shown on the plans; or as directed. Attach aerial cable at 1-ft. intervals using approved cable ties or wire wrap along a messenger strain wire. Install a drip loop with at least two turns at each pole, signal head, and weather head. Label each cable brought into the controller cabinet. Coil 5 ft. of cable neatly on the traffic signal controller cabinet floor or in the closest ground box for each cable for ground mounted cabinets. Coil 5 ft. of cable neatly at the top of the nearest strain wire pole for pole mounted cabinets. Install solderless pressure connectors in accordance with the NEC for all wires attached to terminal posts. Use a ratchet-type full-circle crimper for insulated terminals to provide a solderless pressure connector. 5.17. Sealing. Install, repair, replace, remove, or modify sealant in detector saw slots, at the open end of all conduits terminated at the roadway edge, and in ground boxes. Apply sealant as shown on the plans or as directed. 2024 Specifications 690 5 5.18. Salvage Operations. Remove traffic signal when no replacement is required. Return unused or removed material deemed salvageable by the Engineer to the Department. Dispose of all other material. 5.19. Signal-Related Signs. Install, repair, replace, remove, or modify small post-mounted or overhead signs. 5.20. Curbs, Ramps, and Sidewalks. Install, repair, replace, remove, or modify curbs, ramps, and sidewalks. Secure permission to install traffic signal items before cutting into or removing curbs, ramps, and sidewalks. Replace all curbs, ramps, and sidewalks as shown on the plans. Install pedestrian access ramps as shown on the plans. 5.21. Protection of Utilities. Locate and protect all public lines and utility customer service lines in the work area. Notify the utility company and locate and mark, uncover, or otherwise protect all such lines in the construction area. Obtain information pertinent to the location and grade of water, sewer, gas, telephone, electric lines, and other utilities in the work area from the utility company. This information does not relieve the Contractor of responsibility for protecting utilities. Reimburse the utility line owner for expenses or costs (including fines that may be levied against the utility company) that may result from unauthorized or accidental damage to any utility lines in work area. 5.22. Preservation of Sod, Shrubbery, and Trees. Preserve all sod, shrubbery, and trees at the site during the Contract. Obtain permission to remove any sod, shrubbery, or tree branches. Preserve and restore sod and shrubbery into their original position. Replace damaged sod or shrubbery at the Contractor’s expense. 5.23. Polyvinyl Chloride (PVC) Weatherproof Enclosures. Install, remove, or replace 12 × 12 × 6-in. PVC weatherproof enclosure at locations shown on the plans or as directed. Use enclosure only for reconnecting or terminating traffic signal cables at the top of a timber or steel strain pole that has been replaced or reinstalled due to accidental knock down. 5.24. Light-Emitting Diode (LED) Lamp Unit. Install, replace, or remove LED optical unit in accordance with Item 682, as shown on the plans, or as directed. 5.25. Spread Spectrum Radio Antennas. Replace, repair, or install spread spectrum radio antenna in accordance with Special Specification, “Spread Spectrum Radios for Traffic Signals”; as shown on the plans; or as directed. 5.26. Video Imaging Vehicle Detection System (VIVDS). Install, repair, replace, remove, or modify VIVDS in accordance with Special Specification, “Video Imaging Vehicle Detection System”; as shown on the plans; or as directed. 5.27. Controller Base. Replace breakaway controller base in accordance with Standard Sheet TS-CF, as shown on the plans, or as directed. 5.28. Battery Backup (BBU) System. Install, replace, or remove BBU system in conformance with vendor specifications, as shown on the plans, or as directed. 5.29. Vehicle Signal Tunnel Visor (12-in.). Remove existing traffic signal visor from the signal head and replace it with a new visor at the locations shown on the plans. 5.30. Duct Cable. Install, remove, or replace duct cable in accordance with Special Specification, “Duct Cable.” 5.31. Conduit or Duct Cable Repair and Conductor Splices. Notify the Engineer when an underground break in duct cable or conduit must be located or if a short in a conductor must be located. 2024 Specifications 690 6 Expose the break or short, install the ground box, repair the conduit or duct cable, perform the electrical splices, and backfill. Backfill in accordance with Item 400. New ground boxes will be paid for under “Install Ground Box.” When a ground box is not needed, expose the break or short, repair conduit or duct cable, remove damaged conductors, and install new conductors. Replace up to 3 ft. of conduit when repairing duct cable, regardless of the number of conduits in trench. Only one repair will be considered for payment per trench. If more than 3 ft. of conduit or duct cable needs to be replaced, the additional will be paid for under “Replace Underground Conduit” or “Replace Duct Cable.” Replacement of conductors will be paid for under “Install or Replace Conductor.” Backfill in accordance with Item 400. An electrical splice will include the replacement of up to 3 ft. of conductor, regardless of the number of conductors in the conduit. Only one splice will be considered for payment per conduit. If more than 3 ft. of conductor needs to be replaced, the additional will be paid for under “Install or Replace Conductor.” Above-ground conduit repairs performed in conjunction with a bid item will be subsidiary to the pertinent bid item. Above-ground conduit repairs not performed in conjunction with a bid item will include the replacement of up to 3 ft. of conduit per repair. If more than 3 ft. of conduit must be replaced, the additional will be paid for under “Replace Above-Ground Conduit.” 5.32. Bore Operations. Place underground wiring under roadways by boring in accordance with Item 476. Bore at least 60 in. below the roadway surface (and at least 36 in. below the ditch flowline) and extend 10 ft. outside the edge of the roadway or as directed. Placement of conduit for the length of the bore will be subsidiary to this bid item. Electrical conductors will be paid for under the bid item “Install or Replace Conductor.” 5.33. Roadway Illumination Assembly. Install, remove, or replace roadway illumination assemblies, including the base, pole, luminaire arms, luminaire, and required wiring. 5.34. Underpass Luminaire. Install, remove, or replace underpass luminaires, including the luminaire, junction box, mounting hardware, and required wiring. 5.35. Induction Fluorescent Fixture. Install, remove, or replace induction fluorescent fixture. 5.36. Luminaire. Install, remove, or replace luminaire. 5.37. High Mast Luminaires. Replace high mast luminaires. 5.38. Luminaire Arms. Replace luminaire arms. 5.39. Maintenance of Roadway Illumination. Maintain roadway illumination assemblies, including replacement of lamps, fuses, fuse holder, starting aid, photocells, ballasts, and other work required to keep lights operational. Relevel the fixture. Clean the reflector and inside and outside of lens using an approved cleaning solution. 5.40. Maintenance of High Mast Illumination. Maintain high mast illumination assemblies, including lowering the ring assembly and the replacement of lamps, fuses, fuse holder, starting aid, photocells, ballasts, and other work required to keep lights operational. Re-aim the lights and clean the lenses and reflectors as directed. Clean the reflector and inside and outside of lens using an approved cleaning solution. Maintain mechanical and electrical equipment as directed. 5.41. Maintenance of Overhead Sign Lighting. Maintain overhead sign lighting for large signs mounted over the roadway, including replacing the ballast, lamps, fuses, and lamp sockets to properly restore the lighting to satisfactory operation. Install as shown on the plans or as directed. Clean the reflector and inside and outside of lens using an approved cleaning solution. 2024 Specifications 690 7 5.42. Maintenance of Underpass Fixtures. Maintain high-pressure sodium vapor (HPS) underpass fixtures, including the replacement of lamps, fuses, fuse holder, starting aid, photocells, ballasts, and other work required to keep lights operational. Relevel the fixture. Clean the reflector and inside and outside of lens using an approved cleaning solution. 5.43. Maintenance of Induction Fluorescent Fixtures. Maintain induction fluorescent fixtures, including the replacement of lamps, fuses, fuse holder, starting aid, photocells, ballasts, and other work required to keep lights operational. Relevel the fixture. Clean the reflector and inside and outside of lens using an approved cleaning solution. 5.44. Scheduled Preventive Maintenance of Roadway Illumination Assembly. Inspect and perform the following listed items in accordance with the schedule provided by the Engineer.  Inspect and maintain all foundation anchor bolts, nuts, and washers.  Prepare and touch up rust spots using cold galvanizing spray.  Replace lamp and clean fixtures as directed.  Replace ballast as directed.  Level fixture.  Inspect electrical system.  Repair shorts or open circuits. 5.45. Scheduled Preventive Maintenance of High Mast Assembly. Complete and sign Luminaire Preventive Maintenance for High Mast Lighting reports. Fill out forms legibly and completely. List all materials used at each location. Inspect and perform the following listed items in accordance with the schedule provided by the Engineer.  Inspect and fill gearbox lubrication reservoir.  Lubricate grease fittings.  Adjust brake mechanism to proper torque.  Inspect cable drum.  Inspect all wire rope and cables for deterioration or wear.  Inspect safety lanyard.  Lower ring and inspect mechanism.  Inspect all foundation anchor bolts, nuts, and washers.  Inspect welds around baseplate and ground sleeve for visible cracks.  Prepare and touch-up rust spots using cold galvanizing spray.  Replace lamps and clean fixtures as directed.  Replace ballasts as directed.  Replace aviation warning (obstruction) lamps as directed.  Inspect electrical system.  Repair short or open circuits as directed.  Raise ring to proper position. 5.46. Replace Service Pole. Replace service poles by removing the existing service pole; installing the new pole and related electrical service equipment; installing conduit, including the elbow below ground for underground service feed or the weatherhead for overhead service feed; and connecting and installing electrical service. Install in accordance with Item 628. 5.47. Replace Transformer Base. Replace transformer base as shown on the plans or as directed. The removal of the pole, mast arm, and luminaire for replacement of the transformer base only will be subsidiary to the pertinent bid items. 5.48. Replace Transformer Base Cover. Replace damaged or missing covers on existing transformer bases. 2024 Specifications 690 8 5.49. Replace Hand Hole Cover. Replace damaged or missing covers on existing illumination poles. 5.50. Install Ground Rod. The installation of ground rods will include running a properly sized copper grounding conductor to the ground connection. 5.51. Replace Ballast. Replace ballast for pole-mounted, underpass, sign, and wall pack fixtures as shown on the plans or as directed. 5.52. Replace Ballast (High Mast Lighting). Replace ballast for high mast fixtures. 5.53. Install or Replace Fused Disconnect. Install or replace fused disconnect. 5.54. Replace Lamp Socket. Replace lamp socket for pole-mounted, underpass, high mast, and wall pack fixtures. 5.55. Replace Lamp. Replace lamps for pole-mounted, underpass, sign, and wall pack fixtures. Clean the reflector and inside and outside of lens using an approved cleaning solution. 5.56. Replace Lamp (High Mast Lighting). Replace lamp for individual high mast fixtures. Clean the reflector and inside and outside of lens using an approved cleaning solution. 5.57. Replace Wall Pack Luminaires. Replace wall pack luminaires on structures, rest areas, maintenance warehouses, and other facilities. 5.58. Replace Lens. Replace pole-mounted, underpass, sign, wall pack, or high mast luminaire lenses. 5.59. Replace Wall Pack Guard. Replace wall pack guard. 5.60. Replace Fuses. Replace fuses for pole-mounted, underpass, sign, and wall pack fixtures, and fused disconnects. 5.61. Replace Fuse Holders. Replace fuse holder for pole-mounted, underpass, sign, and wall pack fixtures. 5.62. Replace Breakaway Fuse Holders. Replace breakaway fuse. 5.63. Replace Starting Aid. Replace starting aid for pole-mounted, underpass, sign, and wall pack fixtures. 5.64. Replace Photocells and Brackets. Replace photocells and brackets. 5.65. Replace Control Transformer. Replace the control transformer. 5.66. Replace Control Circuit. Replace the control circuit. 5.67. Replace Aviation Warning Fixtures. Replace the aviation warning (obstruction) fixtures. 5.68. Replace Aviation Warning Lamp. Replace the aviation warning (obstruction) fixture lamp. 5.69. Replace Hand-Off-Auto Switch. Replace three-position hand-off-auto control switch. 5.70. Replace Contactor. Replace electromagnetic contactors. 5.71. Replace Meter Bases. Replace meter bases in conformance with electrical service provider’s requirements. 5.72. Replace Time Clocks. Replace time clocks. 2024 Specifications 690 9 5.73. Replace Breaker Panel. Replace breaker panel. 5.74. Install or Replace Circuit Breaker. Install or replace circuit breakers. 5.75. Replace Flexible Power Cable or Cord. Replace flexible power cable or cord. 5.76. Replace Twist Lock Connectors. Replace twist lock connectors. 5.77. Replace Safety Lanyard. Replace safety lanyard. 5.78. Raise and Lower Ring (High Mast Lighting). Raise and lower ring to perform various maintenance and repair items. 5.79. Restrap Existing Conduit. Restrap existing conduit as shown on the plans or as directed. 5.80. Replace Missing Nuts, Washers, and Other Hardware. Replace missing nuts, washers, and other miscellaneous hardware. 5.81. Troubleshoot for Repairs. Troubleshoot location as directed to identify work needed for repairs. 5.82. Project Inspections. Inspect and review the project to determine whether any items need repair and provide the Engineer with a list of these items. Make repairs to those items as approved. All repairs will be paid for under their respective pay items. 5.83. Install or Replace Safety Switch. Install or replace safety switch. 5.84. Replace 5/16-in. Wire Rope. Replace 5/16-in. wire rope with swaged terminals. 5.85. Replace 3/8-in. Wire Rope. Replace 3/8-in. wire rope with swaged terminals. 5.86. Replace High Mast Winch. Replace high mast winch. 5.87. Replace Wire Rope Pulley. Replace wire rope pulley. 5.88. Replace Electrical Cable Pulley. Replace electrical cable pulley. 5.89. Install or Replace Access Hole Cover. Replace damaged or missing access covers on existing high mast poles. 5.90. Replace High Mast Springs. Replace high mast spring set. 5.91. Remove and Reinstall High Mast Pole for Repairs. Remove and reinstall high mast pole from the foundation to perform any repairs to internal components. 5.92. Remove, Replace, or Install Pedestrian Rail. Remove, replace, or install pedestrian rail as shown on the plans, or as directed. 5.93. Remove, Replace, or Install Cabinet Lock. Remove, replace, or install cabinet lock as shown on the plans, or as directed. 5.94. Remove, Replace, or Install Anti-Graffiti Coating. Remove, replace, or install anti-graffiti coating as shown on the plans, or as directed. 5.95. Remove, Replace, or Install Sunshield. Remove, replace, or install sunshield as shown on the plans, or as directed. 2024 Specifications 690 10 5.96. Remove, Replace, or Install Preemption System. Remove, replace, or install preemption system as shown on the plans, or as directed. 5.97. Remove, Replace, or Install Network Rack Assembly. Remove, replace, or install network rack assembly as shown on the plans, or as directed. 5.98. Remove, Replace, or Install Fiber Housing. Remove, replace, or install fiber housing as shown on the plans, or as directed. 5.99. Replace Traffic Signal Controller. Replace traffic signal controller as shown on the plans, or as directed. 5.100. Replace Malfunction Management Unit. Replace malfunction management unit as shown on the plans, or as directed. 5.101. Complete Preventive Maintenance. Complete preventive maintenance as shown on the plans, or as directed. 6. MEASUREMENT Measurement will be as follows. 6.1. Conduit. By the foot of conduit installed, removed, or replaced, including the installation of all hardware necessary to attach and connect the conduit, and any excavation, backfill, and compaction.  “Install Above-Ground Conduit”  “Remove Above-Ground Conduit”  “Replace Above-Ground Conduit”  “Install Underground Conduit”  “Remove Underground Conduit”  “Replace Underground Conduit” 6.2. Cable. By the foot of electrical conductor or cable installed, removed, replaced, or rerouted.  “Install Cable”  “Remove Cable”  “Replace Cable”  “Reroute Cable” 6.3. Duct Cable. By the foot of duct cable installed, removed, or replaced, including excavation, backfill, and compaction.  “Install Duct Cable”  “Remove Duct Cable”  “Replace Duct Cable” 6.4. Conduit or Duct Cable Repair and Conductor Splices.  “Install Electrical Splice.” By each electrical splice installed per conduit.  “Repair Above-Ground Conduit.” By each conduit location repaired, including installation of all hardware necessary to attach and connect the conduit.  “Repair Underground Conduit.” By each conduit location repaired, including excavation, placement of conduit, backfill, and compaction.  “Repair Underground Duct Cable.” By each duct cable location repaired, including excavation, placement of duct cable, backfill, and compaction. 2024 Specifications 690 11 6.5. Road Bore. By the foot of road bore, including conduit installed. 6.6. Install, Remove, or Replace Roadway Illumination Assembly. By each assembly installed, removed, or replaced. This item includes all wiring and hardware connections above the foundation.  “Install Roadway Illumination Assembly (LED)”  “Remove Roadway Illumination Assembly (LED)”  “Replace Roadway Illumination Assembly (LED)” 6.7. Install, Remove, or Replace Underpass Luminaire. By each luminaire installed, removed, or replaced.  “Install Underpass Luminaire (HPS)”  “Remove Underpass Luminaire (HPS)”  “Replace Underpass Luminaire (HPS)”  “Install Underpass Luminaire (LED)”  “Remove Underpass Luminaire (LED)”  “Replace Underpass Luminaire (LED)” 6.8. Install, Remove, or Replace Induction Fluorescent Fixture. By each fixture installed, removed, or replaced.  “Install Induction Fluorescent Fixture”  “Remove Induction Fluorescent Fixture”  “Replace Induction Fluorescent Fixture” 6.9. Install, Remove, or Replace Luminaire. By each luminaire installed, removed, or replaced. 6.10. Install, Remove, or Replace High Mast Luminaire. By each high mast luminaire installed, removed, or replaced. 6.11. Install, Remove, or Replace Luminaire Pole. By each pole installed, removed, or replaced. 6.12. Install, Remove, or Replace Luminaire Arm. By each luminaire arm installed, removed, or replaced. 6.13. Maintain Roadway Illumination. By each luminaire pole maintained. 6.14. Maintain High Mast Illumination. By each high mast pole maintained. 6.15. Maintain Overhead Sign Lighting. By each sign light maintained. 6.16. Maintain Underpass Fixture. By each underpass fixture maintained. 6.17. Maintain Induction Fluorescent Fixture. By each induction fluorescent fixture maintained. 6.18. Scheduled Preventive Maintenance (Roadway Illumination Assembly). By each roadway illumination pole. (Replacing lamp and ballast will be subsidiary to this bid item.) 6.19. Scheduled Preventive Maintenance (High Mast Assembly). By each high mast pole regardless of the number of luminaires on the ring. (Replacing lamps and ballast will be subsidiary to this bid item.) 6.20. Install, Remove, or Replace Electrical Service. By each electrical service installed, removed, or replaced. 6.21. Replace Service Pole (Timber, Steel, or Concrete). By each service pole replaced.  “Replace Timber Service Pole”  “Replace Steel Service Pole” 2024 Specifications 690 12  “Replace Concrete Service Pole” 6.22. Install, Remove, or Replace Ground Box. By each ground box installed. 6.23. Install Foundation. By each foundation installed. 6.24. Remove Foundation. By each foundation removed. 6.25. Replace Transformer Base. By each base replaced. 6.26. Replace Transformer Base Cover. By each cover replaced. 6.27. Replace Hand Hole Cover. By each cover replaced. 6.28. Install, Remove, or Replace Ground Rod. By each ground rod installed, removed, or replaced. 6.29. Replace Ballast. By each ballast replaced. 6.30. Replace Ballast (High Mast Lighting). By each high mast ballast replaced. 6.31. Install or Replace Fused Disconnect. By each fused disconnect installed or replaced. 6.32. Replace Lamp Socket. By each lamp socket replaced for pole-mounted, underpass, wall pack, or high mast fixture. 6.33. Replace Lamp. By each lamp replaced for pole-mounted, underpass, wall pack, or high mast fixture. 6.34. Replace Lamp (High Mast Lighting). By each lamp replaced. 6.35. Install, Remove, or Replace Wall Pack Luminaire. By each wall pack installed, removed, or replaced. 6.36. Install, Remove, or Replace Lens. By each lens installed, removed, or replaced. 6.37. Install, Remove, or Replace Wall Pack Guard. By each guard installed, removed, or replaced. 6.38. Replace Fuse. By each fuse replaced. 6.39. Replace Fuse Holder. By each fuse holder replaced. 6.40. Replace Breakaway Fuse Holder. By each breakaway fuse holder replaced. 6.41. Replace Starting Aid. By each starting aid replaced. 6.42. Replace Photocell and Bracket. By each photocell and bracket replaced. 6.43. Replace Control Transformer. By each transformer replaced.  “Replace Control Transformer for High Mast”  “Replace Control Transformer for Electrical Service” 6.44. Replace Control Circuit. By each control circuit replaced.  “Replace Control Circuit for High Mast”  “Replace Control Circuit for Electrical Service” 6.45. Replace Aviation Warning Fixture. By each obstruction fixture replaced. 2024 Specifications 690 13 6.46. Replace Aviation Warning Lamp. By each obstruction lamp replaced. 6.47. Replace Hand-Off-Auto Switch. By each hand-off-auto control switch replaced. 6.48. Replace Contactor. By each electromagnetic contactor replaced. 6.49. Replace Meter Base. By each meter base replaced. 6.50. Replace Time Clock. By each time clock replaced. 6.51. Replace Breaker Panel. By each breaker panel replaced. 6.52. Install or Replace Circuit Breaker. By each circuit breaker installed or replaced.  “Install Circuit Breaker”  “Replace Circuit Breaker” 6.53. Replace Flexible Power Cable or Cord. By foot of cable or cord replaced. 6.54. Replace Twist Lock Connector. By each twist lock connector replaced. 6.55. Replace Safety Lanyard. By foot of chain replaced. Associated hardware will be subsidiary to this item. 6.56. Raise and Lower Ring (High Mast Lighting). By each ring raised and lowered (not part of scheduled preventive maintenance). 6.57. Restrap Existing Conduit. By each strap installed. 6.58. Replace Missing Nuts, Washers, and Other Hardware. By each nut, washer, or miscellaneous hardware replaced. 6.59. Troubleshoot for Repairs. By the man-hour of troubleshooting. 6.60. Project Inspections. By the month. 6.61. Install or Replace Safety Switch. By each safety switch installed or replaced.  “Install Safety Switch”  “Replace Safety Switch” 6.62. Replace 5/16-in. Wire Rope. By each 5/16-in. wire rope with swaged terminals replaced. 6.63. Replace 3/8-in. Wire Rope. By each 3/8-in. wire rope with swaged terminals replaced. 6.64. Replace High Mast Winch. By each winch replaced. 6.65. Replace Wire Rope Pulley. By each wire rope pulley replaced. 6.66. Replace Electrical Cable Pulley. By each electrical cable pulley replaced. 6.67. Install or Replace Access Hole Cover. By each access cover installed or replaced.  “Install Access Hole Cover”  “Replace Access Hole Cover” 6.68. Replace High Mast Springs. By each high mast spring set replaced. 2024 Specifications 690 14 6.69. Remove and Reinstall High Mast Pole for Repairs. By each high mast pole removed and reinstalled. 6.70. Removal, Replacement, or Installation of Cable. By the foot of cable removed, replaced, rerouted, or installed in a run, regardless of the number of conductors per cable. Measurement will not be made for cable inside signal heads and controllers or cable coiled in ground boxes, in pole bases, and on strain wires. 6.71. Installation of Duct Cables. By the foot of trench containing duct cable. 6.72. Removal, Replacement, or Installation of Cable by Messenger Strain Wire. By the foot of aerial cable removed, replaced, or installed, regardless of number of conductors per cable. 6.73. Removal, Replacement, or Installation of Strain Wire Assembly. By the foot of strain wire removed, replaced, or installed. Strain wire quantity is defined as the distance from one pole to the next pole for each strain wire. 6.74. Removal, Replacement, or Installation of Timber Poles. By each timber pole removed, replaced, or installed. Attachment of required hardware will be subsidiary to this Item. 6.75. Removal, Replacement, or Installation of Signal Head Assemblies. By each head removed, replaced, or installed. Assembly and wiring will be subsidiary to this Item. 6.76. Removal, Replacement, or Installation of Signal Related Signs. By each sign assembly removed, replaced, or installed. 6.77. Removal, Replacement, or Installation of Pedestrian Push Buttons. By each push button removed, replaced, or installed. 6.78. Removal, Replacement, or Installation of Traffic Signal Pole Foundations. By the foot of the type of foundation removed, replaced, or installed. 6.79. Installation of Foundations for Ground Mount or Pole Mount Cabinets. By each foundation installed. 6.80. Removal, Replacement, or Installation of Controller Cabinet, Ground Mount. By each cabinet removed, replaced, or installed. 6.81. Removal, Replacement, or Installation of Controller Cabinet, Pole Mount. By each cabinet removed, replaced, or installed. 6.82. Removal, Replacement, or Installation of Flasher Cabinet. By each cabinet removed, replaced, or installed. 6.83. Installation of Foundations for Roadside Flashing Beacon Assemblies. By each foundation installed. 6.84. Removal, Replacement, or Installation of Roadside Flashing Beacon Assemblies. By each assembly removed, replaced, or installed. 6.85. Removal, Replacement, or Installation of Signal Pole Assemblies. By each assembly removed, replaced, or installed. Wiring in the pole and hardware will be subsidiary to this Item. The removal of the top of the foundation and steel to at least 2 ft. below grade will be subsidiary to the removal of the pole. Removal of foundation should be paid for only by the foot if a pole is not removed or replaced, or when more than 2 ft. of foundation removal is required when removing or replacing a pole. 6.86. Removal, Replacement, or Installation of Curbs. By the foot removed, replaced, or installed. 2024 Specifications 690 15 6.87. Removal, Replacement, or Installation of Pedestrian Ramps. By each ramp removed, replaced, or installed. 6.88. Removal, Replacement, or Installation of Sidewalks. By the square foot removed, replaced, or installed. 6.89. Removal of Concrete Foundations. By each foundation removed. 6.90. Removal, Replacement, or Installation of Down Guy with Guard. By each down guy with guard removed, replaced, or installed. 6.91. Removal, Replacement, or Installation of Down Guy with Guard and Anchor. By each down guy with guard and anchor removed, replaced, or installed. 6.92. Remove and Salvage Traffic Signals. By each signalized intersection salvaged. A signalized intersection is a group of traffic signals operated by a single controller. 6.93. Removal, Replacement, or Installation of 12 × 12 × 6-in. PVC Weatherproof Enclosure. By each PVC weatherproof enclosure removed, replaced, or installed. 6.94. Removal, Replacement, or Installation of LED Lamp Unit. By each LED lamp unit removed, replaced, or installed. 6.95. Removal, Replacement, or Installation of Spread Spectrum Radio Antennas. By each radio antenna removed, replaced, or installed. 6.96. Removal, Replacement, or Installation of Vehicle Detection System. By each assembly removed, replaced, or installed. The mounting hardware and detector controller card required to make the system function will be subsidiary to the Item. 6.97. Removal, Replacement, or Installation of Screw-In Foundation. By each screw-in foundation removed, replaced, or installed. 6.98. Replacement of Breakaway Controller Base. By each breakaway base replaced. 6.99. Removal, Replacement, or Installation of Battery Backup (BBU) System. By each BBU system removed, replaced, or installed. 6.100. Removal, Replacement, or Installation of Detection Cable. By the linear foot of each cable removed, replaced, or installed. For loop detectors, the saw-cut and grout filler will be subsidiary to the installation. 6.101. Removal, Replacement, or Installation of Vehicle Signal Tunnel Visor (12-in.). By each vehicle signal tunnel visor (12-in.) removed, replaced, or installed. 6.102. Removal, Replacement, or Installation of Wrapping of Signal Cable. By the linear foot of wrapped cable removed, replaced, or installed. 6.103. Removal, Replacement, or Installation of Anti-Graffiti Coating. By each anti-graffiti coating removed, replaced, or installed. 6.104. Removal, Replacement, or Installation of Sunshield. By each sunshield removed, replaced, or installed. 6.105. Removal, Replacement, or Installation of Preemption System. By each preemption system removed, replaced, or installed. 2024 Specifications 690 16 6.106. Removal, Replacement, or Installation of Network Rack Assembly. By each network rack assembly removed, replaced, or installed. 6.107. Removal, Replacement, or Installation of Fiber Housing. By each fiber housing removed, replaced, or installed. 6.108. Replacement of Traffic Signal Controller. By each traffic signal controller replaced. 6.109. Replacement of Malfunction Management Unit. By each malfunction management unit replaced. 6.110. Complete Preventive Maintenance. For each hour to complete preventive maintenance. 7. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for the various designations. This price is full compensation for furnishing all materials, equipment, labor, fines, tools, and incidentals. The Department will pay for electrical energy consumed by the traffic signal. Wiring in the pole; splices; backfill (soil or concrete); sealing of conduit ends and loop detector saw slots; installation of loop wire and PVC for encased loops; protection of utilities; and preservation of sod, shrubbery, and trees will not be measured or paid for directly, but will be subsidiary to pertinent Items. The required traffic control will be paid for separately as shown on the plans, or as directed. CITY OF DENTON APPENDIX APPENDIX GC-5.01 Availability of Lands GC-5.03 Subsurface and Physical Conditions IFB#8936240002-1 CITY OF DENTON APPENDIX GC-5.01 Availability of Lands THIS PAGE LEFT INTENTIONALLY BLANK IFB#8936240002-1 CITY OF DENTON APPENDIX GC-5.03 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK IFB#8936240002-1