6547 - Concrete Repair Services, 3.Statement of Work/ SpecificationsIFB # 6547
EXHIBIT 3
Scope of Work
IFB # 6547 – Exhibit 3 Page 1 of 28
The scope of work shall be finalized upon the selection of the Firm. The respondent’s submission
shall have accurately described your understanding of the objectives and scope of the requested
products and services and provided an outline of your process to implement the requirements of
the Scope of Work and Services. It is anticipated that the scope of work will include, at a
minimum, the following:
A. GENERAL
This contract is intended to be used for smaller and more isolated concrete replacement or new
installations. The limits are set to allow the contractor to work various city departments to replace,
repair, or install new concrete work as needed. This contract will not be used with the annual
contract for street sections, which is a separate contract.
B. SPECIFICATIONS
The primary specifications for the line items in Exhibit 4 include the City of Denton Transportation
Design Criteria Manual (Exhibit 4), the Fourth Edition of the Public Works Standard
Specifications from the North Central Texas Council of Governments, the Texas Department of
Transportation Box Culvert Detail Sheets as referenced in the NCTCOG specifications.
The City of Denton Street Division crews of the Utility Field Service Group may provide
components of projects such an excavation, removal, barricades at their discretion. Each project
will need to be planned and final determination of responsibilities assigned based on workloads of
city and contractor at the time.
The City of Denton Transportation Design Criteria Manual (Exhibit 4) is available on the City
Web Site or from Development Services Department at the Service Center, 901 Texas Street,
Denton, TX. The 4th Edition NCTCOG Specifications and Standard Drawings are available from
NCTCOG or may be available for viewing by appointment at the City of Denton Materials
Management Department, to schedule an appointment, contact 940-349-7100 or
purchasing@cityofdenton.com. These two sources are intended to provide all specifications and
references not covered by these specifications. This IFP shall preside, with the City of Denton
Transportation Design Criteria Manual shall govern as the second and the 4th Edition of the
NCTCOG Specs last.
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EXHIBIT 3
Scope of Work
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C. LOCATIONS OF PROJECTS
Projects under this contract shall be located within the city limits or extra territorial jurisdiction
of the City of Denton, Texas. Purchase Orders will be issued as needed throughout the contract
term for specific projects.
D. AMENDMENTS TO GENERAL CONDITIONS OF THE CONTRACT
FOR CONSTRUCTION
The following supplements modify, change, delete from or add to the "Proposal Requirements
and other General Conditions of the North Texas Council of Governments, October 2004
edition.” Where any Article of the General Conditions is modified or any Paragraph,
Subparagraph or Clause thereof is modified or deleted by these Supplementary Conditions, the
unaltered provisions of that Article, Paragraph, Subparagraph or Clause shall remain in effect.
To any extent that these Supplementary Conditions may conflict with the Owner-Contractor
Agreement, General Conditions or the specifications, these Supplementary Conditions shall
control.
1. ADD THE FOLLOWING DEFINITIONS:
The term “product” as used in this specification includes materials, systems and
equipment.
The term “provide” as used in this specification means to furnish and install.
The term Owner’s Representative (OR) in this contract means any City Representative or
Project Administrator designated in writing by the Owner i.e., Onsite Inspector,
Construction Representative, who represents the Owner.
The term Government in this contract specifically means City of Denton.
The term MODIFICATION means – (a) Written Amendment, (b) Change Order, (c)
Field Order, (d) Work Change Directive
2. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK
Add: Written measurements and dimensions shall be followed at all times. Except
where directed by the Owner dimensions shall not be determined by scale or rule. The
Contractor shall verify all dimensions by measurements at the job site, and shall take
any and all other measurements necessary to verify the Drawings and to properly lay
out the Work. Any discrepancy affecting the layout of the Work shall immediately be
reported to the Owner’s Representative for interpretation.
Add: By signing the proposal sheet, the Contractor represents that he has read and
understands all plans, specifications, and general design standards involved with this
contract.
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EXHIBIT 3
Scope of Work
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3. SURETY BONDS
Add: All bonds must be submitted on City forms.
4. PRIORITY TO CONTRACT DOCUMENTS
Replace: When any portion of the Contract Documents is contradicted by another, the
more specific shall prevail. Upon receiving a written request by the contractor for
interpretation, the Owner shall issue a written clarification for the matter in question.
Where any discrepancy or conflict may occur between the General Conditions and
these Supplementary Conditions, these Supplementary Conditions shall have priority.
5. CORRELATION AND INTENT OF DOCUMENTS
Add: Standard specifications and manuals of technical societies, organizations or
associations, or statutes and regulations of governmental agencies used as a reference
in the Contract Documents, either by specific statement or implication, shall mean the
latest standard specification, manual, code, statute, or regulation in effect at the time of
opening of Bids. No provision of any such reference used in the Contract Documents
shall change or reassign the duties and responsibilities of the Owner, Contractor,
Architect, or any consultants and agents of any of them from those set forth in the
Contract Documents.
Add: During the course of the Work, should any discrepancy be found in or between
the Drawings and Specifications, the Contractor, by the fact of submitting Contractor's
bid, shall be deemed to have estimated the more expensive way of completing the
Work, unless the Contractor shall have reported the discrepancy prior to bid opening.
6. CONTRACT DRAWINGS AND SPECIFICATIONS
Add: All site grade elevations shown on the Drawings shall be checked from
established benchmarks and shall be confirmed by the Contractor. Discrepancies
discovered shall be reported to the Owner for adjustment before any Work begins. The
Contractor's commencement of the Work shall constitute Contractor's acceptance of all
existing site grade elevations as correct or otherwise workable. The Contractor shall
not be due additional compensation for grade variations or discrepancies except by
written agreement before construction begins.
7. ERRORS AND CORRECTION IN DRAWINGS AND SPECIFICATIONS
Add: If the nature of the error, inconsistency or omission is such that it would have
reasonably been discovered by a competent, experienced Contractor, then the
Contractor shall be responsible just as if construction activity were performed with the
Contractor's knowledge of the condition.
Add: Errors, inconsistencies or omissions discovered in the Contract Documents which
are reported to the Owner seven (7) days or more before the bid opening shall be
corrected by addendum and the Contractor shall not be held responsible. Except for
any such reported errors, inconsistencies or omissions, the Contractor shall signify by
the fact of submitting his bid that he considered that the entire Work can and will be
administered, constructed and completed as described, with interpretation by the
Owner where necessary, and that Contractor has satisfactorily provided for such in his
bid.
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EXHIBIT 3
Scope of Work
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Add: CONTRACTOR’S Review of Construction Documents: Before undertaking
each part of the Work, CONTRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures therein and all applicable field
measurements. CONTRACTOR shall promptly report in writing to OWNER any
conflict, error, ambiguity or discrepancy, which CONTRACTOR may discover and
shall obtain a written interpretation or clarification from the Owner before proceeding
with any work affected thereby. In the event of a conflict in the Drawings,
Specifications, or other portions of the Contract Documents, which were not reported
prior to the Bidding of the Contract, the CONTRACTOR shall be deemed to have
included the most expensive in his Bid.
8. EXISTING STRUCTURES
Add: The Contractor shall investigate maps, plans, and records maintained by utility
companies to ascertain the location of all utilities prior to beginning new or alteration
work. Locations of utility lines, whether shown on the Drawings or not, shall be
verified and marked prior to start of construction. Any damage caused to any utility as
a result of Work on this Project shall be promptly repaired or replaced at the sole
expense of the Contractor and no additional money will be paid by the Owner.
9. PERFORMANCE OF THE WORK
Add: Any failure or neglect on the part of OWNER, PROJECT ADMINISTRATOR,
OWNER’S REPRESENTATIVES or INSPECTORS to enforce provisions herein
dealing with supervision, control, inspection, testing or acceptance and approval of the
work shall never operate to relieve CONTRACTOR from full compliance with the
contract documents nor render OWNER liable to CONTRACTOR for money damages,
extensions of time or increased compensation of any kind.
10. INDEMNIFICATION
Replace: Contractor does hereby agree to waive all claims, release, indemnify, defend
and hold harmless Owner and all of Owner's officials, officers, agents, employees, in
both their public and private capacities, from and against any and all liability, claims,
losses, damages, suits, demands or causes of action including all expenses of litigation
and/or settlement, court costs and attorney fees which may arise by reason of injury to
or death of any person or for loss of, damage to, or loss of use of property occasioned
by error, omission, or negligent act of Contractor, Contractor's officers, agents,
employees, subcontractors, invitees or any other persons, arising out of or in connection
with the performance of this Contract, and Contractor will at Contractor’s own cost and
expense defend and protect Owner from any and all such claims and demands.
In any and all claims against any party indemnified hereunder by any employee of
Contractor, any subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable, the indemnification obligation
herein provided shall not be limited in any way by any limitation on the amount or type
of damages, compensation or benefits payable by or for the Contractor or any
subcontractor under worker’s compensation acts or other employee benefit act.
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EXHIBIT 3
Scope of Work
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11. PROGRESS SCHEDULE
Add: The construction schedule shall be subject to approval of the Owner or his
Representatives. A revised construction schedule shall be submitted at any time the
Owner’s Representative determines necessary and at least upon the request of payment
or submission of an invoice by the Contractor.
12. PERFORMANCE OF THE WORK
Add: The following days shall be considered legal holidays:
New Year’s Day January 1
Martin Luther King’s Birthday 3rd Monday in January
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Thanksgiving Day 4th Thursday in November
Thanksgiving Friday Friday following Thanksgiving Day
Christmas Day December 25
A "floating" holiday for Christmas is the date to be determined by the City Manager. If a
holiday falls on a Saturday, it will be observed on the preceding Friday. If a holiday falls
on a Sunday, it will be observed on the following Monday
Add: Unless otherwise specified, where any action, submittal or response falls due on a
Saturday, Sunday or legal holiday, such action, submittal, or response shall be considered
due on the next day which is not a Saturday, Sunday or a legal holiday.
13. STANDARDS OF CONDUCT GRATUITIES
Add:
(a) The right of the Contractor to proceed may be terminated by written notice if,
after notice and hearing, the City or a designee determines that the Contractor, its
agent, or another representative.
(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official,
or employee of the Government; and
(2) Intended, by the gratuity, to obtain a contract or favorable treatment under
contract.
(b) If this contract is terminated under paragraph (a) above, the City is entitled
to pursue the same remedies as in a breach of the contract
(c) The rights and remedies of the City provided in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by
law or under this contract
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EXHIBIT 3
Scope of Work
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14. COMPLIANCE WITH LAWS
Add: Unless otherwise provided fees to be secured and paid by the Contractor shall
include, but not be limited to, water taps, sewer taps, water meters, fire hydrants,
detector check devices, temporary sanitary facilities, and the like. Contractor shall
comply with the City of Denton‘s standard procedures. Contractor shall secure the
building permit, but no fee will be required.
Add: It shall be the obligation of the Contractor to review the Contract Documents to
determine and to notify the Owner of any discrepancy between the Contract Documents
and building codes or regulations of which the Contractor has knowledge or should be
reasonably able to determine. The Contractor shall not violate any zoning, setback or
other location requirements of applicable laws, codes and ordinances, or of any
recorded covenants of which the Contractor has knowledge. If the Contractor observes
that portions of the Contract Documents are at variance with applicable laws, statutes,
ordinances, building codes, rules or regulations, the Contractor shall promptly notify
the Owner and Project Administrator in writing, and necessary changes shall be
accomplished by appropriate modification.
15. PROTECTION OF WORK
Add: Any excavation and upper floors shall be kept dry and free from water (from
rainfall, seepage, springs and other causes) at all times, and the Contractor shall be
responsible for all stoppage of sewer lines resulting from this Work.
16. TRENCH SAFETY
Should trenching be required, a change order including terms and conditions of Section
1.24.3 must be approved by the owner.
17. PROTECTION OF WORK AND OF PERSONS AND PROPERTY
Add: Attention is called to the regulations issued by the Secretary of Labor pursuant to
Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333)
entitled "Safety and Health Regulations for Construction" (29 CFR Part 1926). The
Contractor shall be required to comply with those regulations to the extent that any
resulting Contract involves construction.
Explosives shall not be used or delivered to the site without the written approval of the
Owner and issuance of required permits from governmental authorities.
18. PAYMENT FOR LABOR AND MATERIAL; NO LIENS
Add: The issuance of a Certificate for Payment will constitute a representation by the
Owner’s Inspector to the Owner, based on the Inspector’s observations at the site and
the data comprising the application for Payment, that the Work has progressed to the
point indicated and that, to the best of the Inspector’s knowledge, information and
belief, quality of the Work is in accordance with the Contract Documents . The
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EXHIBIT 3
Scope of Work
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foregoing representations are subject to an evaluation of the Work for conformance
with the Contract Documents upon Substantial Completion, to results of subsequent
tests and inspections, to minor deviations from the Contract Documents correctable
prior to completion and to specific qualifications expressed by the Inspector. The
issuance of a Certificate for Payment will further constitute a representation that the
Contractor is entitled to payment in the amount certified.
The acceptance by the Contractor of the final payment shall operate as and shall be a
release to the Owner from all claims or liabilities under the Contract, for anything done
or furnished or relating to the Work under the Contract or for any act or neglect of the
Owner relating to or connected with the Contract. A Release of Claim will be provided
by the Contractor on all requests for final payment.
Add: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or
other person or organization, to the extent practicable, information about amounts paid
to CONTRACTOR in accordance with CONTRACTOR’s Application for Payment on
account of the particular Subcontractor’s, Supplier’s, and other person’s or other
organization’s Work.
19. CONTRACTOR’S INSURANCE
Before the Owner awards the Contract, or the Contractor commences Work in connection
with this Contract, or before Contractor allows any subcontractor to commence any Work,
Contractor shall purchase insurance with limits as specified within this document under
"Insurance Requirements: Exhibits A, A-1, A-2, and Workers’ Compensation". The
insurance company shall have an A.M. Best's rating of no less than A: VI, or A or better,
by Standard & Poor.
The Contractor shall comply with the posting requirements of Texas Workers'
Compensation Rule 110.110, Section 0.7, as follows:
1. If there is a field office, staging area, or storage yard, the notice must be
posted at that location.
2. In the absence of the above, the superintendent or foreman must carry a copy
in his vehicle and it must be available to employees.
Certificates of Insurance and endorsements affecting coverage required by this clause
shall be forwarded to:
Materials Management – City of Denton
901-B Texas Street
Denton, Texas 76209
purchasing@cityofdenton.com
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EXHIBIT 3
Scope of Work
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Add: Evidence of Insurance: Before any work at the site is started, CONTRACTOR
shall deliver to the OWNER, with copies to each additional identified in the
Supplementary Conditions, certificates of insurance (and other evidence of insurance
which OWNER or any additional insured may reasonably request) which
CONTRACTOR is required to purchase and maintain in accordance with Article 5.
This insurance shall:
1. be written on a Builder’s Risk “all risk” or open peril or special causes of loss policy
form that shall at least include insurance for physical loss and damage to the
Work, temporary buildings, false work and Work in transit and shall insure against
at least the following perils; fire lightning, extended coverage, theft, vandalism and
malicious mischief, earthquake, collapse, debris removal, demolition occasioned
by enforcement of Laws and Regulations, water damage, and such other causes of
loss as may be specifically required by the Supplementary Conditions;
2. include expenses incurred in the repair or replacement of any insured property
(including but not limited to fees and charges of engineers and architects);
3. cover materials and equipment in transit to the Project site, and materials that the
CONTRACTOR has taken possession of whether stored at the Project site;
4. allow for Partial Utilization of the Work by OWNER;
5. include testing and startup; and
6. be maintained in effect until final payment is made unless otherwise agreed to in
writing by OWNER, CONTRACTOR, and ENGINEER with thirty days written
notice to each other additional insured to whom a certificate of insurance has been
issued.
Insurance Certificate must be submitted and issued with the Cit y listed as the certificate holder.
The Cancellation Policy must read as follows:
“Should policy shall not be cancelled, non-renewed or materially change without 30 days advanced
written notice being given to the owner (City) except when the policy is being cancelled for
nonpayment of premium in which case 10 days advance written notice is required.
20. MATERIALS AND WORKMANSHIP; WARRANTIES AND GUARANTEES
Add: The Contractor shall determine that project requirements expressed in specified
procedures, instructions, manufacturer's recommendations or referenced standards are
reasonable and appropriate. Where the Contractor considers any such requirements to
be unreasonable or inappropriate, the Contractor shall, prior to performing that portion
of the Work, identify to the Owner whether the requirement appears to conflict with
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accepted construction practice, or will invalidate any required warranty, or may be
acceptably achieved with an alternative procedure or installation. The Contractor shall
propose an alternative procedure or installation only if he warrants the end result to be
equal or superior to the original requirement.
Add: It shall be the Contractor’s responsibility to ensure that no building materials
containing any form of asbestos are incorporated into the Work. Any such material
shall be removed and satisfactorily replaced without additional cost to the Owner.
Add: Any failure or neglect on the part of OWNER, PROJECT ADMINISTRATOR
or OWNER’S REPRESENTATIVE to enforce provisions herein dealing with
supervision, control, inspection, testing or acceptance and approval of the work shall
never operate to relieve CONTRACTOR from full compliance with the contract
documents nor render OWNER liable to CONTRACTOR for money damages,
extensions of time or increased compensation of any kind.
Add: If any Work is covered contrary to the request of the OWNER’S
REPRESENTATIVE, it must, if requested by THE OWNER’S REPRESENTATIVE,
be uncovered for observation and replaced at CONTRACTOR’S expense.
In circumstances different from paragraph above, if OR considers it necessary or advisable
that covered Work be observed by the OR inspected or tested by others, CONTRACTOR
at OR’s request, shall uncover, expose, or otherwise make available for observation,
inspection, or testing as may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such
uncovering, exposure, observations, inspection, and testing, and of satisfactory
replacement or reconstruction (including but not limited to all costs of repair or
replacement of work of others); and OWNER shall be entitled to an appropriate decrease
in the Contract Price.
Add: If, instead of requiring correction or removal and replacement of defective Work,
OWNER (and prior to OR’s recommendation of final payment,) prefers to accept it,
OWNER 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 OWNER’s evaluation of and determination to accept such defective
Work (such costs to be approved by OR as to reasonableness) and the diminished value
of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this
sentence. If any such acceptance occurs prior to OR’s recommendation of final
payment, a Change Order will be issued incorporating the necessary revisions in t he
Contract Documents with respect to the Work, and OWNER shall be entitled to an
appropriate decrease in the Contract Price, reflecting the diminished value of Work so
accepted.
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EXHIBIT 3
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Add: 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 OWNER in
exercising the rights and remedies under this paragraph 1.27 will be charged aga inst
CONTRACTOR, and a Change Order will be issued incorporating all necessary
revisions in the Contract Documents with respect to the Work; and OWNER shall be
entitled to an appropriate decrease in the Contract Price or replacement of work of
others destroyed or damaged by correction, removal, or replacement of
CONTRACTOR’s defective Work.
21. “OR EQUAL CLAUSE”
Add: When the terms "or equal," "approved," "acceptable," "necessary," "suitable,"
"as directed," "good and sufficient" or other such general qualifying terms are used in
the Contract, they shall be construed as though followed by the words "in the opinion
of the Owner through the Owner’s Representative," or "by the Owner through the
Owner’s Representative," as the case may be.
22. SPECIAL WARRANTY
Add: In addition to any specific guarantees required by the Contract Documents,
Contractor hereby guarantees to perform the Work in a first-class, workmanlike manner
and guarantees all Work against defects in workmanship for a period of one (1) year
after the date of Final Acceptance of the Work by the Owner. Final Acceptance of the
Work shall be established as the date that, except for adjustments and repairs to be
completed under warranty provisions, the Work has been fully accomplished. The
Contractor shall repair and make good, without expense to the Owner, any and all
defects in his Work, which may become apparent within that time. Any such repair,
including adjustment or replacement, of Work previously accepted shall be similarly
warranted by the Contractor for an additional year.
23. SUBCONTRACTORS’ AND MANUFACTURERS’ WARRANTIES
Add: Specific and special warranties required in the Contract Documents are in
addition to, and not in lieu of, the Contractor’s general warranty. The Contractor shall
not be relieved of general warranty obligation by the statement of specific products or
procedures. The Contractor will be contacted to resolve any issues with Subcontractors
and Manufacturer’s warranties and shall be the City’s Representative in these matters
to the fullest extent possible.
24. WARRANTY SERVICE CLAUSE
Add: Under the terms of the warranties which arise from these Contract Documents
and/or by the terms of any applicable special warranties required by the Contract
Documents, if any of the Work in accordance with this Contract is found to not be in
accordance with the requirements of the Contract Documents, the Contractor shall
correct such Work promptly after receipt of written notice from the Owner or the
Owner’s Representative or other entity as the Contract Documents may provide. This
obligation shall survive acceptance of the Work under the Contract and termination of
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the Contract. If Contractor fails within a reasonable time after written notice to correct
defective Work or to remove and replace rejected Work, or if Contractor fails to
perform the Work in accordance with the Contract Documents, or if Contractor fails to
comply with any provision in the Contract Documents, either the Owner or its designee
may, after seven (7) days’ written notice to Contractor, correct and remedy any such
deficiency at the expense of the Contractor.
25. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
Add: All Shop Drawings shall be in strict compliance with the Contract Documents.
The CONTRACTOR may seek a deviation by requesting a Modification. All approved
Written Amendments, Change Orders, Field Order and/or Work Change Directives
shall be incorporated into the Shop Drawings. The CONTRACTOR may submit a
Shop Drawing or sample that varies from strict compliance with the Contract
Documents providing the submittal is accompanied by a Shop Drawing Deviation
Request form. If the proposed Modification is approved by the OWNER, the submittal
will be considered to be in strict compliance with the Contract Documents and it will
be reviewed in accordance with the Contract Documents. If the proposed Modification
is not approved, the submittal will be returned to the CONTRACTOR with appropriate
comments. All Shop Drawings shall bear a duly executed statement by the
CONTRACTOR as set forth herein under.
26. MEANS AND METHODS OF CONSTRUCTION
Add: Where any concrete or asphalt paving occurs outside the property line for any
project (e.g. drive approach, sidewalk, etc.), subgrade shall be prepared in a manner
identical to that required for similar paving within the property lines, unless specifically
approved otherwise by the Owner.
THIS SHOP DRAWING HAS BEEN REVIEWED AND
DETERMINED TO BE IN
COMPLIANCE
COMPLIANCE SUBJECT TO APPROVAL OF
ATTACHED CHANGE ORDER/FIELD ORDER AND
WITH THE CONTRACT DOCUMENTS AS
MODIFIED BY ADDENDA, CHANGE ORDER AND
FIELD ORDER.
CONTRACTOR __________________________
BY ____________________________________
DATE __________________________________
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27. STANDARD REFERENCES
Add as a new subparagraph:
(a) All documents and publications (such as, but not limited to, manuals,
handbooks, codes, standards and specifications) cited in this contract for the
purpose of establishing requirements applicable to equipment, materials, or
workmanship under this contract, shall be deemed to be incorporated herein
as fully as if printed and bound with the specifications of this contract, in
accordance with the following:
(1) Wherever reference is made to Interim Federal Specifications, Interim
Amendments to Federal Specifications, Interim Federal Standards, or Interim
Amendments to Federal Standards, the Contractor shall comply with the
requirements set out in the issue or edition identified in this contract.
(2) Wherever reference is made to any such document other than those specified in
subparagraph (1) above, the Contractor shall comply with the requirements set
out in the edition specified in this contract, or if not specified, the latest edition
or revision thereof, as well as the latest amendment or supplement thereto, in
effect on the date of the solicitation on this project, except as modified by, as
otherwise provided, or as limited to type, class or grade, by the specifications
of this contract.
(b) Inquiries regarding “Commercial Standards “, “Product Standards”, and
“Simplified Practice Recommendations” should be addressed to the Standard
Development Service Section, National Bureau of Standards, Washington, DC,
20234. Publications of Associations referred to in the specifications may be
obtained directly from the Associations.
(c) Upon request the Contractor shall make available at the job site within a
reasonable time, a copy of each trade manual and standard which is incorporated
by reference in this contract and which governs quality and workmanship.
28. WORKING AREA; COORDINATION WITH OTHER CONTRACTORS; FINAL
CLEANUP
Add: The City at its own discretion can provide, if available, space for a job office.
This is only available upon the written approval of the City. Otherwise, it is the
Contractor’s responsibility to establish a small office at his own expense. This should
be coordinated at the pre-construction meeting.
If the facilities need temporary heat, it shall be of a non-smudging type, as approved
by the Owner. The permanent heating system may be used for temporary heat when
approved by the Owner. Upon completion of the construction, and before final
acceptance of the Work, the Contractor shall repair any damage caused by such
temporary use. The enclosed building shall be kept at or above forty degrees (40)
Fahrenheit at all times. While painting and interior finishes are being applied, the
temperature shall be kept at or above sixty degrees (60) Fahrenheit.
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Contractor shall secure and pay for all temporary light and power required for the
Work, including any necessary wiring and setting of poles. All Work shall conform to
the requirements of the National Board of Fire Underwriters, whose certificate of
approval shall be obtained and filed with the Owner before the temporary light and
power are used.
From the commencement to the completion of the Work, approved sanitary facilities shall
be provided by the Contractor. All sanitary facilities shall be acceptable to the public
authorities having jurisdiction.
29. OWNER’S RIGHT TO TEMPORARILY SUSPEND WORK
Add as a new subparagraph: Failure of the Contractor to comply with the Owner's order
to stop the Work may be considered a substantial violation of the Contract. When the
Owner has stopped the Work as provided in this subparagraph, the Contractor shall not
be entitled to any extension of the Contract Time, or damages for delay, related to the
stoppage.
Add: If, in the opinion of the Owner, there is an emergency for the furnishing of certain
material, or the performance of certain Work, in order to ensure compliance with the
terms of the Contract, and if the Contractor fails to furnish such material or to perform
such Work within a reasonable time fixed by written notice from the Owner to the
Contractor, then the Owner shall have the power to and it may at its election furnish
such material and/or perform such Work at the expense of the Contractor and/or
Contractor's sureties, who shall be liable therefore. In the determination of the question
whether there has been such non-compliance with the Contract as to warrant its
suspension or the furnishing of material, or the performance of Work by the owner as
herein provided, the decision of the Owner shall be final. The enumeration of the
options and privileges of the Owner as herein before set forth is not and shall never be
considered as the only rights, options or remedies of the Owner, and it is expressly
agreed that the Owner may pursue any other and further option, right and remedy
accorded to it at law and in equity.
Add: The Contractor shall suspend such part or parts of the Work pursuant to a court
order issued against the Owner and shall not be entitled to additional compensation by
virtue of such court order; neither shall the Contractor be liable to the Owner in the
event the Work is suspended by such court order, unless such suspension is due to the
fault or negligence of the Contractor.
30. NO ADDITIONAL COMPENSATION
Add: Contractor will not be entitled to loss of anticipated profits pursuant to any claim
under this Agreement.
IFB # 6547
EXHIBIT 3
Scope of Work
IFB # 6547 – Exhibit 3 Page 14 of 28
31. USE OF COMPLETED PORTIONS OF WORK
Add: The temporary or trial usage by the Owner of any mechanical devise, machinery,
apparatus, equipment, or any Work or materials supplied under this Contract before
completion and final acceptance of the Project shall not be construed as an evidence of
acceptance of any of these items by the Owner’s Representative. The Owner shall have
the privilege of such temporary and trial usage, for such reasonable length of time as
the Owner’s Representative shall deem to be proper for making a complete and
thorough test of these items. No claim for damage shall be made by the Contractor for
the injury to or breaking of any parts of such Work which may be caused by weakness
or inadequacy of structural parts or by defective material or workmanship related to
these items. If the Contractor so elects, Contractor may, at Contractor's own expense,
appoint and place a competent person or persons, satisfactory to the Owner’s
Representative, to make such trial usage, such trial being under the supervision of the
Owner’s Representative.
When early acceptance of a Substantially Completed portion of the Work is
accomplished in the manner indicated, the correction period for that period of the Work
shall commence at the time of substantial completion of that Work.
32. DELAYS, EXTENSION OF TIME, LIQUIDATED DAMAGES
Add: The term "unforeseeable cause" shall mean:
1. An act of God in the form of unusually severe weather conditions, including storms,
flood, fire or similar event, that could not have been anticipated or guarded against
and which materially affects the Work site, including access or egress thereto;
2. A riot or war situation actually involving the site or actually preventing the
Contractor from working on the site, but not including any situation involving
suppliers off-site other than those essential suppliers as supplied by the City; or
3. An unanticipated strike involving the forces actually working on the project or
involving the employees of those essential suppliers, but no other labor stoppage.
No event shall be deemed an Unforeseeable Cause for the purposes of this Agreement
unless it actually and directly necessitates a delay in the Work which could not be
otherwise remedied by taking reasonably prudent steps, and the Contractor could not
reasonably adjust the schedule of the remaining Work to deal with, make up for, or
otherwise work around the delays resulting from the Unforeseeable Cause(s).
The notice shall, in writing, specify the Unforeseeable Cause(s) and the anticipated
effect it will have on that Contractor’s abilities to perform Contractor's obligations
along with a plan to deal with the effects of such Unforeseeable Causes and proposed
amendments to all affected schedules necessarily resulting there from.
No adjustment shall be made to the Contract price, and the Contractor shall not be delay
resulting in the adjustment of the working time, due to any of the factors outlined within
this Section and/or Item 1.36.
IFB # 6547
EXHIBIT 3
Scope of Work
IFB # 6547 – Exhibit 3 Page 15 of 28
Extensions of time because of "Unusually Severe Weather" will be granted only to the
extent that the number of days of precipitation (0.01 inch or more) or the number of
days of freezing weather (32 degrees F and below) exceeds the mean for that month,
and because such unusually severe weather prevented the execution of major items of
Work on normal working days. The mean number of days of precipitation and freezing
weather shall be as established by the National Oceanic and Atmospheric
Administration for the closest reporting station to the project. It is the Contractor’s
responsibility to request within seven (7) days of such occurrence a request for a time
extension and submit all data to substantiate the number of days requested due to such
an occurrence. The decision by the Project Administrator shall be final.
Claims for extension of time must be submitted within seven (7) days after the
beginning of the delay, and shall be in whole- or half-day increments.
Add: Unless specifically stated in another provision(s) of this Contract, whether
relating to time of performance or otherwise, Owner makes no representation or
guarantee as to when the construction site or any part thereof will be available for the
performance of the Contract, or as to whether conditions at the construction site will be
such as to permit the Contract to be p erformed thereon without interruption or by any
particular sequence or method or as to whether the performance of the Contract can be
completed by the time required under this Contract or by any other time.
Add: The Contractor shall receive no compensation for delays or hindrances to the
Work, except as otherwise provided herein. No such extension of time shall release
the Contractor or the surety on Contractor's performance bond from all Contractor's
obligations hereunder which shall remain in full force until the discharge of the
Contract.
Add: Wherever in connection with this Contract it is required, expressly or otherwise,
that Owner shall perform any act relating to the Contract, including making available
or furnishing any real property, materials or other things, no guarantee is made by the
Owner as to the time of such performance and the delay of Owner in fulfilling such
requirement shall not result in liability of any kind on the part of Owner except only to
the extent, if any, that an extension of time or compensation may be due as expressly
provided for in this Contract.
Add: Written notification shall be required for any party considered to be in breach of
the Contract. Such notification shall give at least seven (7) days’ written notice of the
alleged breach of the Contract, specifying in what point the Contract has been violated
and identifying appropriate measures for compliance with the Contract. Failure of the
notified party to respond within the specified time may be cause for considering the
notified party to be guilty of a substantial breach of a provision of the Contract
Documents.
IFB # 6547
EXHIBIT 3
Scope of Work
IFB # 6547 – Exhibit 3 Page 16 of 28
33. CHANGE OR MODIFICATION OF CONTRACT
Add: The total origin Contract amount shall not be increased more than twenty-five
percent (25%) of the total award amount.
Add: When the changes in the Work are caused or requested by the Contractor,
Contractor agrees to bear costs of additional architectural services, both direct and
indirect, required for effecting the change, and to make acceptable adjustments in
related construction at no additional cost to Owner and without reduced quality in the
Project.
Add: Where these Contract Documents refer to "Change Order," each reference shall
be understood to mean "Change Order, Construction Change, or Supplemental
Agreement”.
Add: Unilateral Modification: The Project Administrator may issue a unilateral
modification at any time that a supplemental agreement cannot be reached by either
party. In this instance this is the final decision of the owner. The Contractor must
submit in writing within 7 days any disagreement with this unilateral modification. If
this disagreement is not received in writing to the Owner’s Representative within 7
days from the date of the unilateral modification, the
Contractor accepts it, in its entirety, and waives it rights to any claims in regard to this
unilateral modification. This unilateral modification shall address changes in price or
in time, if any.
Add: Interpretations and decisions of the Owner’s Representative will be consistent
with the intent of and reasonably inferable from the Contract Documents and will be in
writing or in the form of drawings. When making such interpretations and decisions,
the Owner’s Representative will endeavor to secure faithful performance by both
Owner and Contractor.
Add: The Contract Times (or Milestones) may only be changed by a Change Order or
Written Modification
34. INCREASED OR DECREASED QUANTITIES OF WORK
Add: The Owner’s Representative may authorize minor variations in the Work from
the requirements of the Contract Documents which do not involve an adjustment in the
Contract Price or the Contract Times or a change in scope and are compatible with the
design concept of the completed Project as a functioning whole as indicated by the
Contract Documents. These may be accomplished by a Field Order. The Contractor
shall notify the Purchasing Official in writing prior to beginning any Work addressed
in a Field Order if the Contractor does not agree that the Work involved represents no
additional change of scope cost and/or time change in the Contract Documents.
IFB # 6547
EXHIBIT 3
Scope of Work
IFB # 6547 – Exhibit 3 Page 17 of 28
35. ALTERATION OF PLANS AND SPECIFICATIONS
Add: When requesting a substitution, the Contractor shall submit a statement of the
reason for the proposed substitution, with such substantiating documents as may be
required by the Owner for review. Proposed substitutions shall be subject to the
Owner’s final approval.
Add: Substitutions of materials, products, or suppliers constitute changes in the Work
and must be incorporated into the Contract by Change Order. The Contractor may
propose substitutions only where one or more of the following conditions exist:
1. Specified material or product cannot be provided and incorporated into Work in
time allowed due to conditions beyond control of Contractor, or
2. The substitution is required for compliance with final interpretation of code
requirements or insurance regulations, or
3. Subsequent information reveals that the specified material or product will not
perform properly or fit correctly in the designated space, or
4. The manufacturer or fabricator refuses to certify or guarantee performance of the
specified product as required, or
5. Owner will benefit by improved project or reduced cost. Owner shall receive
appropriate benefit of any cost reductions.
36. EQUITABLE ADJUSTMENT CLAUSE
Add: The Equitable Adjustment relating to this contract shall be done when adjusting
the contract award amount. Increases in quantities above the lump sum bid and prior
to final payment should be made by modification by the Procuring Official before work
is performed by the Contractor. All funding must be approved before such increases.
The Contractor has the obligation to notify the Owner’s Representative if an increase
is necessary or needed for the completion. This increase must be approved before work
is performed or materials ordered.
37. DISPUTED WORK AND CLAIMS FOR ADDITIONAL COMPENSATION
Add: If a Claim has not been resolved after consideration of the foregoing and of further
evidence presented by the parties or requested by the Owner, the Owner will notify the
parties in writing that the Project Administrator’s decision will be made within seven
(7) days. Upon expiration of such time period, the Owner’s Representative will render
to the parties the Owner’s written decision relative to the Claim, including any change
in the Contract Sum or Contract Time or both. If there is a surety and there appears to
be a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify
the surety and request the surety’s assistance in resolving the controversy.
Add: Written notice stating the general nature of the Claim, dispute, or other matter
shall be delivered by the claimant to Owner promptly (but in no even later than 7 days)
after the start of the event giving rise thereto. Notice of the amount or extent of the
Claim, dispute, or other matter with supporting data shall be delivered to the Project
Administrator within 30 days after the start of such event (unless Project Administrator
allows additional time for claimant to submit additional or more accurate data in
support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract
IFB # 6547
EXHIBIT 3
Scope of Work
IFB # 6547 – Exhibit 3 Page 18 of 28
Price shall be prepared in accordance with the provisions of paragraph 1.37.4 and 1.39
of these supplementary conditions. Each Claim shall be accompanied by claimant’s
written statement that the adjustment claimed is the entire adjustment to which the
claimant believes it is entitled as a result of said event.
38. OWNER’S REPRESENTATIVE’S FINAL DETERMINATION
Add: It is expressly agreed by the Contractor and Contractor's surety that they and each
of them will be fully and completely bound by each and every decision of the Owner
or Owner’s Representative in all matters pertaining to this Contract unless the
Contractor or Contractor's surety shall prove by clear, convincing and unmistakable
proof that such decision is arbitrary and not grounded upon any evidence of facts
reasonably calculated to support such decisions.
Add: OWNER’S REPRESENTATIVE will be the initial interpreter of the
requirements of the Contract Documents and judge of the acceptability of the Work
thereunder. Claims, disputes, and other matters relating to the acceptability of the
Work, the quantities and classifications of Unit Price Work, the interpretation of the
requirements of the Contract Documents pertaining to the performance of the Work,
and Claims seeking changes in the Contract Price or Contract Times will be referred to
the ORDERING OFFICIAL in writing, in accordance with paragraph 1.39 and the
Terms and Conditions with a request for a formal decision. The Project
Administrator’s formal decision shall be the Owner’s final determination.
The rendering of a decision by the Project Administrator pursuant to this paragraph and
with respect to any such claim, dispute, or other matter (except any which have been
waived by the acceptance of final payments as provided in paragraph 1.51) will be a
condition precedent to any exercise by CONTRACTOR of any rights or remedies it
may otherwise have under the Contract Documents or by Laws or Regulation in respect
to any such claim, dispute, or other matter.
39. INSPECTION AND TESTS
Add: Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities
having jurisdiction shall be made at an appropriate time. Unless otherwise provided,
the Contractor shall make arrangements for such tests, inspections and approvals with
an independent testing agency hired by the Owner, or with the appropriate public
authority. The Contractor shall give the Owner’s Representative (OR) timely notice of
when and where tests and inspections are to be made so the OR may observe such
procedures. Approved inspections of the Work or portions thereof by a public authority
inspecting under a specific construction code shall not be considered final acceptance
of the Work. Final acceptance of the Work shall be under the authority of the OR and
the Project Administrator. Unless otherwise provided, the Owner shall bear costs of
services of the independent testing agency when such services are specified by the
Contract Documents and result in evidence that the Work complies with requirements
established in the Contract Documents. The Contractor shall bear costs of all other
services of the independent testing agency, including but not limited to retesting of
IFB # 6547
EXHIBIT 3
Scope of Work
IFB # 6547 – Exhibit 3 Page 19 of 28
Work that has failed or been rejected, retesting of Work not meeting requirements of
the Contract, and expenses of the testing agency related to the Contractor’s miss -
coordination of the Work to be observed or tested, and costs thereof deducted from the
Contract Sum.
Amend to read as follows: If the OR determines that any Work requires special
inspection, testing, or approval, the OR will, upon written authorization from the
Owner, order such special inspection, testing or approval. The Contractor shall give
notice per this contract. If such special inspection or testing reveals a failure of the
Work to comply with the requirements of the Contract Documents, the Contractor shall
bear all costs thereof, including compensation for the OR’s additional services and any
additional engineering or architectural services made necessary by such failure, and an
appropriate Change Order shall be issued. Otherwise, the Owner shall bear such costs
40. FINAL INSPECTION
Add: The term "final acceptance" means agreement by the Owner that the Work, or
any portion thereof to which this term is applied, has been satisfactorily completed,
providing that any subsequent failure or other latent defect apparent within the
Contractor's warranty period shall invalidate a previous acceptance.
41. NO WAIVER OF RIGHTS OR ESTOPPEL
Add: Inspection by the OR; any order, measurement, quantity or certificate by the OR;
any order by the OWNER for payment of money; any payment for or acceptance of
any work; or any extension of time or any possession taken by the OWNER shall not
operate as a waiver of any provisions of the contract or any power therein reserved to
the OWNER of any rights or damages therein provided. Any waiver of any breach of
contract shall not be held to be a waiver of any other or subsequent breach. The
OWNER reserves the right to correct any error that may be discovered in any estimate
that may have been paid and to adjust the same to meet the requirements of the contract
documents. The OWNER reserves the right to recover by process of law sums as may
be sufficient to correct any error or make good any deficienc y in the work resulting
from such error, dishonesty or collusion by the CONTRACTOR of his agents and the
OR of his assistants, discovered in the work after the final payment has been made.
Neither final acceptance of the work nor final payment shall relieve the
CONTRACTOR of responsibility for faulty materials or workmanship, nor the
CONTRACT shall promptly remedy and defects due thereto and pay for any damage
to other work resulting therefrom. Likewise, neither final acceptance nor final
payment, nor partial or entire use or occupancy of the work by the OWNER shall
constitute acceptance of work not done in accordance with the contract documents or
relieve CONTRACTOR of liability with respect to any expressed or implied warranties
or responsibility for faulty materials or workmanship, whether same be patently or
latently defective.
IFB # 6547
EXHIBIT 3
Scope of Work
IFB # 6547 – Exhibit 3 Page 20 of 28
42. CONTRACTOR DEFAULT, OWNER’S RIGHT TO SUSPEND WORK AND
ANNUAL WORK
Add: Upon the suspension of a Contract for furnishing material, machinery, or
associated labor, the Owner may purchase the material or machinery, or associated
labor necessary in the opinion of the Owner to complete the Contract in such manner
as the Owner may deem proper, and the cost and expense thereof may be charged to
the Contractor and/or Contractor's surety. Upon suspension of a Contract for
construction or installation, the Owner may, in its discretion, take possession of all or
any part of the machinery, tools, appliances, materials and supplies used on the Work
covered by the Contract, or that have been shipped or delivered by or on account of the
Contractor for use in connection therewith, and the same may be used either directly
by the Owner, or by other parties for it, for the completion of the Work so suspended;
or the Owner may employ other parties to perform the Work, or may substitute other
machinery or materials, purchase the material contracted for in such manner as it may
deem proper, or hire such parties and buy such machinery, tools, appliances, materials
and supplies, at the Contractor's expense, as may be necessary in the opinion of the
Owner, for the proper conduct and completion of the Work.
Add: The Contractor assumes the risk of all suspensions of or delays in performance
of the Contract, regardless of length thereof, arising from all causes whatsoever,
whether or not relating to this Contract, including wrongful acts or omissions of
Contractor's subcontractors except only to the extent, if any, that compensation or an
extension of time may be due as expressly provided for elsewhere in t his Contract for
such suspension or delays. And subject only to such exception, the Contractor shall
bear the burden of all costs, expenses and liabilities which Contractor may incur in
connection with such suspensions or delays, and all such suspensions, delays, costs,
expenses and liabilities of any nature whatsoever, whether or not provided for in this
Contract, shall conclusively be deemed to have been within the contemplation of the
parties.
Add: The written order of the OWNER to the CONTRACTOR shall state the reasons
for suspending the work and the anticipated periods for such suspension. Upon receipt
of the OWNER’s written order, the CONTRACTOR shall suspend the work covered
by the order and shall take such means and precautions as may be necessary to properly
protect the finished and partially finished work, the unused materials and uninstalled
equipment, including the providing of suitable drainage about the work and erection of
temporary structures where necessary. The CONTRACTOR shall not suspend the
work without written direction from the OR and shall proceed with the work promptly
when notified by the OR to resume operations.
Add: Any cost, damage and expense to the Owner above the Contract price arising out
of the happening of any or all of the contingencies in 1.44 (General Conditions)
specified and contemplated shall be charged to and paid in full by the Contractor and/or
Contractor's surety. Any other loss, of any nature, occasioned to the Owner by reason
of default or failure of the Contractor and/or by any breach of this Contract shall also
IFB # 6547
EXHIBIT 3
Scope of Work
IFB # 6547 – Exhibit 3 Page 21 of 28
be borne and paid by the Contractor and/or Contractor's surety. In the event that the
Owner shall suspend the Contract or take over the Work in whole or in part, such action
shall not relieve either the Contractor or Contractor's surety from any of the covenants,
conditions, obligations or liabilities imposed upon them by this Contract and/or by the
Contractor's bond.
43. SUBCONTRACTS
Add: The Contractor shall not contract with any person or entit y declared ineligible
under Federal laws or regulations from participating in Federally assisted construction
projects or to whom the Owner or the Project Administrator has made reasonable
objection under the provisions of this contract.
Add: The Contractor shall notify the Owner/Project Administrator in writing when the
Contractor proposes to change any subcontractor, person or entity previously selected.
Replacement of the subcontractor shall not provide a basis for an increase or decrease
of the Contract amount.
Add:
(a) Nothing contained in the contract shall be construed as creating any contractual
relationship between any subcontractor and the City. The divisions or sections of the
specifications are not intended to control the Contractor in dividing the work among
subcontractors, or to limit the work performed by any trade.
(b) The Contractor shall be responsible to the City for acts and omissions of his own
employees and of subcontractors and their employees. He shall also be responsible for
the coordination of the work of the trades, subcontractors and suppliers.
(c) The City will not undertake to settle any differences between or among the
Contractor, subcontractors, or suppliers.
44. WAGE RATES
Add as a new subparagraph: Contractor and Subcontractors shall comply with V.T.C.A.
Government Code Chapter 2258, as amended, in performing this project. In
accordance with Chapter 2258, as amended, the prevailing wage rates as set forth in
the Contract Documents shall be paid on this project. For overtime work and legal
holidays, the hourly rate shall be one and one-half times the basic hourly rate set forth
in Schedule "PV-1", a copy of which is attached hereto and incorporated herein for all
purposes. The City may require an affidavit stating that the contractor has complied
with the prevailing wage rate provision of the Contract Documents prior to acceptance
of the project or at any time during or after completion of the contract.
The City reserves the right to conduct interviews with the Contractor’s and
subcontractors’ employees to insure compliance with V.T.C.A. Government Code
Chapter 2258, as amended and with all applicable local, state and federal laws. Upon
written request by City, the Contractor shall be responsible for submitting payroll
information to the City for all employees performing work on the project, whether
employed by the Contractor or a subcontractor. Each submittal shall be certified by
the Contractor as to completeness and accuracy.
IFB # 6547
EXHIBIT 3
Scope of Work
IFB # 6547 – Exhibit 3 Page 22 of 28
A Contractor or subcontractor in violation of Chapter 2258 of the Texas Government
Code, as amended, is liable for a penalty. That Contractor or subcontractor shall pay
to the City Sixty and NO/100 Dollars ($60.00) for each laborer, worker, or mechanic
employed for each calendar day, or portion thereof, that such laborer, worker, or
mechanic is paid less than the prevailing wage rates specified herein for work done
under this contract. Nothing herein shall preclude the Contractor or subcontractor from
paying higher wages than specified herein.
If the construction project involves the expenditure of federal funds in excess of Two
Thousand and NO/100 Dollars ($2,000.00), the minimum wages to be paid various
classes of laborers and mechanics will be based upon the wages determined by the
Secretary of Labor to be prevailing on a project of a character similar to the contract
work in the City of Denton or the Prevailing Wage Rates, whichever is higher.
A Contractor or Subcontractor violating a requirement of this paragraph may be
determined ineligible to submit future proposals on or to receive any additional work
during the calendar year following the year in which the violation occurred.
45. MONTHLY ESTIMATE, PARTIAL PAYMENTS, RETAINAGE, FINAL
INSPECTION, ACCEPTANCE AND FINAL PAYMENT
Add: After CONTRACTOR has satisfactorily completed all corrections identified
during the final inspection and has delivered, in accordance with the Contract
Documents, all maintenance and operating instructions, schedules, guarantees, Bonds,
certificates or other evidence of insurance certificates of inspection, marked -up record
documents and other documents, CONTRACTOR may make application for final
payment following the procedure for progress payments.
46. RETAINAGE
The amount of retainage with respect to progress payments will be five percent (5%) of the total
amount of completed Work and properly stored materials on hand. In addition to the amount
retained above, the OWNER may retain additional amounts as set forth elsewhere in the Contract
Documents.
The Owner shall not be deemed to be in breach of this Contract by reason of the withholding of
any payment pursuant to any provision of the Contract Documents unless the Work for which
payment is being withheld would have been rejected by any governmental authority, the Owner,
Owner’s Representative or Project Administrator.
In no event shall any interest be due and payable by the Owner to the Contractor, any Subcontractor
or any other party on any of the sums payable by the Owner under this Contract, including, without
limitation, the sums which the Owner is authorized to retain pursuant to the Contract Documents.
IFB # 6547
EXHIBIT 3
Scope of Work
IFB # 6547 – Exhibit 3 Page 23 of 28
47. FINAL INSPECTION AND ACCEPTANCE
Add: In the event the CONTRACTOR fails to attain Substantial Completion of the
Project within the Contract Time set forth in the Contract Agreement, the OWNER
may withhold money permanently from the CONTRACTOR’s total compensation as
liquidated damages. In the event the CONTRACTOR fails to attain Final Completion
of the entire Project within the Contract Time, the OWNER may withhold money
permanently from the CONTRACTOR’s total compensation, the amount indicated in
the contract per day as liquidated damages. The OWNER will be the sole judge as to
whether the work has been completed within the allotted time. Accordingly, it is agreed
and understood that said amount is to be assessed by the OWNER, not as a penalty, but
as a predetermined and agreed upon liquidated damage. Additionally, assessment of
liquidated damages by the OWNER shall not constitute a waiver of the OWNER’s right
to sue and collect additional damages which OWNER may sustain by the failure of the
CONTRACTOR to perform in accordance with the terms of its Contract.
Add: If after Substantial Completion of the Work final completion thereof is materially
delayed thought no fault of the CONTRACTOR, and the Owner’s Representative so
confirms, OWNER, upon certification by OR, and without terminating the Agreement,
may make payment of all of a portion of the balance due for that portion of the Work
fully completed and accepted. If the remaining balance for the Work not fully
completed or corrected is less than the retainage stipulated in the Agreement, and if
Bonds have been furnished as required in the contract, the written consent of the surety
to payment of the balance due for that portion of the Work fully completed and accepted
shall be submitted by the CONTRACTOR to OR prior to certifications of such
payment. Such payment shall be made under the terms and conditions governing final
payment, except that is shall not constitute a waiver of claims.
The acceptance of final payment by the CONTRACTOR shall constitute a waiver of
all claims by CONTRACTOR against OWNER. Contractor shall provide a release of
claims for each final payment requested. The final payment will be rejected and
returned for non-payment if there is not a duly executed release of claims by the
Contractor.
48. PAYMENT WITHHELD
Add: OWNER may permanently withhold payment from Contract Price for:
o liquidated damages incurred by CONTRACTOR
o costs for tests performed by the OWNER to verify that work previously
tested and found to be defective has been corrected. Verification testing is
to be provided at the CONTRACTOR’s expense to verify products or
constructed works are in compliance after corrections have been made.
IFB # 6547
EXHIBIT 3
Scope of Work
IFB # 6547 – Exhibit 3 Page 24 of 28
49. TERMINATION FOR CONVENIENCE BY THE OWNER
Add: This Contract provides for Termination for Convenience. The Contract may
be terminated by the Owner if the need for the completed project is obviated or the
funds required to complete the project are no longer available or for other reasons
related to the Owner’s needs or convenience. Such action by the Owner may be
taken after the schedule of notification specified in the Contract. The Owner shall
be responsible to the Contractor for payments for all portions of the Work
completed and accepted by the Owner at the time of the notification, including
payment for materials and equipment, which have been purchased by the
Contractor for incorporation into the Work. This amount shall be determined by
the Owner based upon Work that has been accepted and the remaining Work to be
completed in accordance with the Contract Documents. Under this termination, the
Owner shall not be responsible to the Contractor for anticipated profits or other
expenses of the project related to the future Work not to be performed.
Add: If, after notice of termination of the employment of the Contractor, it is
determined for any reason that the Contractor was not in default of the Contract, or
other specified reason for termination has been found to be invalid, the rights and
obligations of the parties shall be the same as if the notice of termination had been
issued pursuant to Termination for Convenience. The Contract shall be equitably
adjusted to compensate for such termination and the Contract modified
accordingly.
50. CONTRACTOR ACTION
Add: After a receipt of a notice of termination, and except as otherwise directed
by the Owner, the CONTRACTOR shall:
1. stop work under the contract on the date and to extent specified in the
notice of termination;
2. place no further order or subcontracts for materials, services or
facilities except as may be necessary for completion of such portion
the work under the contract as is not terminated;
3. terminate all orders and subcontract to the extent that they relate to the
performance of work terminated by the notice of termination;
4. transfer title to the OWNER and deliver in the manner, at the times,
and to the extent, if any.
a. the fabricated or unfabricated parts, work in process, 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 termination; and
IFB # 6547
EXHIBIT 3
Scope of Work
IFB # 6547 – Exhibit 3 Page 25 of 28
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 OWNER
5. complete performance of such part of the work as shall not have been
terminated by the notice of termination; and 6.
6. take such action as may be necessary, or as the OR may direct, for the
protection and preservation of the property related to its contract which
is in the possession of the CONTRACTOR and in which the OWNER
has or may acquire an interest. At a time not later than 30 days after
the termination date specified in the notice of termination, the
CONTRACTOR may submit to the OWNER a list, certified as to the
quantity and quality, of any or all items of termination inventory not
previously disposed of, exclusive of items the disposition of which has
been directed or authorized by the Owner’s Representative. Not later
than 15 days thereafter, the OWNER shall accept title to such items and
remove them or enter into a storage agreement covering the same,
provided that the list submitted shall be subject to verification by the
OWNER upon removal of the items, or, if the items are stored, within
45 days from the date of submission of the list, and provided that any
necessary adjustments to correct he list as submitted shall be made prior
to final settlement.
Add: Within 60 days after notice of termination, the CONTRACTOR shall
submit his termination claim to the Project Administrator in the form and with
the certification prescribed by the Project Administrator. Unless one or more
extension in writing are granted by the Project Administrator upon request of
the CONTRACTOR, made in writing within such 60-day period or authorized
extension thereof, any and all such claims shall be conclusively deemed waived.
Add: Subject to the provisions of this contract, the CONTRACTOR and
OWNER may agree upon the whole or any part of the amount or amounts to be
paid to the CONTRACTOR by reason of the total or partial termination of work
pursuant hereto, provided that such agreed amount or amounts shall never
exceed the total contract price as reduced by the amount of payments otherwise
made and as further reduced by the contract price of work not terminated. The
contract shall be amended accordingly, and the CONTRACTOR shall be paid
the agreed amount. No amount shall be due for lost or anticipated profits.
Nothing in these provisions hereunder, prescribing the amount to be paid to the
CONTRACTOR in the event of failure of the CONTRACTOR and the
OWNER to agree upon the whole amount to be paid to the CONTRACTOR by
reason of the termination of work pursuant to this section, shall be deemed to
limit, restrict or otherwise determine or affect the amount or amounts which
may be agreed upon to be paid to the CONTRACTOR pursuant to this
paragraph.
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EXHIBIT 3
Scope of Work
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Add: In the event of the failure of the CONTRACTOR and the OWNER to
agree, as provided in these provisions, upon the whole amount to be paid to the
CONTRACTOR by reason of the termination of work pursuant to this section,
the OWNER shall determine, on the basis of information available to it, the
amount, if any, due to the CONTRACTOR by reason of the termination and
shall pay to the CONTRACTOR the amount determined. No amount shall be
due for lost or anticipated profits.
In arriving at the amount due to the CONTRACTOR under this section, there shall be deducted:
* all unliquidated advance or other payments on account theretofore made to the
CONTRACTOR, applicable to the terminated portion of this contract;
* any claim which the OWNER may have against the CONTRACTOR in connection
with this contract; and
The agreed price hereunder shall be partial prior to the settlement of the terminated portion of this
contract, the CONTRACTOR may file with the Owner’s Representative a request in writing for
an equitable adjustment of the price or prices specified in the contract relating to the continued
portion of the contract (the portion not terminated by the notice of termination), and such equitable
adjustments as may be agreed upon shall be made in such price or prices; nothing contained herein,
however, shall limit the right of the OWNER and the CONTRACTOR to agree upon the amount
or amounts to be paid to the CONTRACTOR for the completion of the continued portion of the
contract when said contract does not contain an established contract price for such continued
portion.
Nothing contained in this section shall limit or alter the rights which the OWNER may have for
termination of this contract under these provisions hereof entitled “CONTRACTOR default;
OWNER’s Right to Suspend Work and Annual Contract” or any other right which OWNER may
have for default or breach of contract by CONTRACTOR.
51. STATE AND LOCAL SALES AND USE TAXES
Add: The Contractor shall be responsible to pursue with the State Comptroller any tax
exemption for equipment and materials to be incorporated into this project.
52. SEVERABILITY
Add: If any of terms, paragraphs, sections, provisions, covenants or conditions of the
Contract are held for any reason to be invalid, void or unenforceable, the remainder of the
terms, paragraphs, sections, provisions, covenants or conditions will remain in full force
and effect and shall in no way be affected, impaired or invalidated.
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EXHIBIT 3
Scope of Work
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53. ENGLISH VERSION
Add New: In the event of inconsistency between any terms of this contract and any
translation thereof into another language, the English language meaning shall control.
54. END OF SUPPLEMENTARY CONDITIONS
Labor Standards and Schedule of Applicable Wage Rate
D. WAGES AND OVERTIME
A. Overtime: Work that the contractor performs on overtime for the contractor's benefit is not
billable to the Owner.
B. Wage Rates: Requirements
a) Pay not less than the minimum wage scale and benefits indicated on the "Minimum
Wage Schedule" provided herein.
b) Wages listed are minimum rates only.
c) No claims for additional compensation will be considered by the Owner because of
payments of wage rates in excess of the applicable rate contained herein.
1. Applicable Statutes: Vernon's Civil Statutes, Section 2 of Article 5159a, which states as
follows:
"...The contractor shall forfeit as a penalty to the State, County, City and County, City,
Town, District or other political subdivision on whose behalf the contract is made or awarded, ten
dollars ($10.00) for each laborer, workman or mechanic, for each working day, or portion thereof,
such laborer, workman or mechanic is paid less than the said stipulated rates for any work done
under said contract, by him, or by any subcontractor under him, and the public body awarding the
contract shall cause to be inserted in the contract a stipulation to this effect..."
2. Payroll: In compliance with Article 5159a, Sections 2 and 3, of the Revised Civil Statute
referenced above, the Owner reserves the rights as defined by Section 3 which states as
follows:
"Sec. 3. The contractor and each subcontractor shall keep, or cause to be kept, an accurate
record showing the names and occupations of all laborers, workmen and mechanics employed by
him, in connection with the said public work, and showing also the actual per diem wages paid to
each of such workers, which record shall be open at all reasonable hours to the inspection of the
public body awarding the contract, its officers and agents."
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EXHIBIT 3
Scope of Work
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E. PERMITS
A. The contractor shall obtain all permits required and give all legal notices. All City permits
can be obtained at no cost to the contractors. All other non-city fees are the responsibility
of the contractor. Contractor shall comply with all ordinances and laws. Any and all work
done which does not meet the requirements of any local authorities must be properly redone
and incidental work replaced by the contractor, without any cost to the Owner.