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7239 IFB - DEA Landside Paving Imp. - SPECIFICATIONS PROJECT MANUAL FOR THE CONSTRUCTION OF Denton Enterprise Airport Landside Paving Improvements Bid #7239 Engineering Project No. 190055 Chris Watts Todd Hileman Mayor City Manager Scott T. Gray, C.M, C.A.E. Airport Manager Todd Estes, P.E. City Engineer Prepared for The City of Denton 2019 Freese and Nichols, Inc. Texas Registered Engineering Firm F-2144 DTN18561 Adopted Month 2018 City of Denton Standard Construction Specification Documents 00 00 00 - 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions 00 05 10 Construction Contract Ordinance 00 05 15 Addenda 00 11 13 Invitation to Bidders 00 21 13 Instructions to Bidders 00 35 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 00 43 13 Bid Bond 00 43 36 Proposed Subcontractors Form 00 43 37 Vendor Compliance to State Law Nonresident Bidder 00 45 13 Bidder’s Minimum Qualification Statement 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 43 Corporate Resolution of Authorizing Signatories 00 52 43 Agreement 00 61 13 Performance Bond 00 61 14 Payment Bond 00 61 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions 00 73 73 Form 1295 – Certificate of Interested Parties Division 01 - General Requirements 01 11 00 Summary of Work 01 25 00 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 32 33 Preconstruction Video 01 33 00 Submittals 01 35 13 Special Project Procedures 01 45 23 Testing and Inspection Services 01 50 00 Temporary Facilities and Controls 01 57 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 60 00 Product Requirements 01 66 00 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 78 39 Project Record Documents 00 00 00 - 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 TECHNICAL SPECIFICATIONS Contractor shall refer to the following documents for Technical Specifications, unless otherwise noted in the contract documents: North Central Texas Council of Governments Standard Specifications for Public Works Construction – Fourth Edition, Divisions 200-800 (incorporated by reference) North Central Texas Council of Governments Standard Specifications for Public Works Construction – Fourth Edition, Divisions 200-800 – Amendments Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.09 Permits and Utilities GR-01 60 00 Product Requirements END OF SECTION 00 05 10 - 1 CONSTRUCTION CONTRACT ORDINANCE Page 1 of 1 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 05 10 1 CONSTRUCTION CONTRACT ORDINANCE 2 3 4 5 [Assembler: For Contract Document execution, remove this page and replace with the approved 6 Construction Contract Ordinance for the award of the project. Ordinance insert shall be on blue 7 paper.] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION 25 00 05 15 - 1 ADDENDA Page 1 of 1 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 05 15 1 ADDENDA 2 3 4 5 [Assembler: For Contract Document execution, remove this page and replace with any addenda 6 issued during bidding.] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION 24 00 11 13 - 1 INVITATION TO BIDDERS Page 1 of 1 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 11 13 1 INVITATION TO BIDDERS 2 RECEIPT OF BIDS 3 Sealed bids for the construction of Denton Enterprise Airport Landside Paving Improvements will 4 be received by the City of Denton Purchasing Office as outlined on 5 http://dentontx.ionwave.net/CurrentSourcingEvents.aspx 6 7 GENERAL DESCRIPTION OF WORK 8 The major work will consist of the (approximate) following: Reconstruction and rehabilitation of 9 various streets at Denton Enterprise Airport, including approximately 14,000 SY of lime-treated 10 subgrade and 33,000 SY of asphalt paving. 11 12 DOCUMENT EXAMINATION AND PROCUREMENTS 13 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 14 of Denton’s Purchasing Division website at http://dentontx.ionwave.net (must login to view 15 documents). The Contract Documents may be downloaded, viewed, and printed by interested 16 contractors and/or suppliers. The contractor is required to fill out the Certificate of 17 Interested Parties Form 1295 and the form must be submitted to the Project Manager 18 before the contract will be presented to the City Council. The form can be obtained at 19 https://www.ethics.state.tx.us/tec/1295-Info.htm . 20 21 PREBID CONFERENCE 22 A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO 23 BIDDERS visit http://dentontx.ionwave.net for details. 24 25 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 26 City reserves the right to waive irregularities and to accept or reject bids. 27 28 INQUIRIES 29 All inquiries relative to this procurement should be addressed in this solicitation’s page at 30 http://dentontx.ionwave.net. Must login to be able to ask and view questions. 31 32 END OF SECTION 33 00 21 13 - 1 INSTRUCTIONS TO BIDDERS Page 1 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 21 13 1 INSTRUCTIONS TO BIDDERS 2 1. Defined Terms 3 4 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 5 00 - GENERAL CONDITIONS. 6 7 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 8 meanings indicated below which are applicable to both the singular and plural thereof. 9 10 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 11 directly through a duly authorized representative, submitting a bid for performing 12 the work contemplated under the Contract Documents. 13 14 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or 15 corporation acting directly through a duly authorized representative, submitting a 16 bid for performing the work contemplated under the Contract Documents whose 17 principal place of business is not in the State of Texas. 18 19 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 20 (on the basis of City's evaluation as hereinafter provided) makes an award. 21 22 1.2.4. Purchasing Agent: City designated representative to assist in solicitation of bids 23 from vendors for City contracts. 24 25 2. Copies of Bidding Documents 26 27 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 28 resulting from the Bidders use of incomplete sets of Bidding Documents. 29 30 2.2. City and Engineer in making Bidding Documents available do so only for the purpose of 31 obtaining Bids for the Work and do not authorize or confer a license or grant for any 32 other use. 33 34 3. Minimum Qualifications 35 36 3.1. The following minimum requirements must be demonstrated in order for the submission 37 to be considered responsive. The form can be found in Section 00 45 13 – Bidder’s 38 Minimum Qualification Statement. 39 40 3.1.1. Bidder shall provide documentation demonstrating three (3) years minimum 41 experience providing services similar to those indicated in Section 00 11 13 – 42 Invitation to Bidders. 43 44 3.1.2. Bidder shall provide documentation of three (3) references from governmental 45 entities for which Bidder has performed similar services to those indicated in 46 Section 00 11 13 – Invitation to Bidders. 47 48 3.1.3. Bidder shall fill out provided safety record questionnaire. 49 00 21 13 - 2 INSTRUCTIONS TO BIDDERS Page 2 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 2 3 4.1. Before submitting a Bid, each Bidder shall: 4 5 4.1.1. Examine and carefully study the Contract Documents and other related data 6 identified in the Bidding Documents (including "technical data" referred to in 7 Paragraph 4.2. below). No information given by City or any representative of the 8 City other than that contained in the Contract Documents and officially 9 promulgated addenda thereto, shall be binding upon the City. 10 11 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 12 site conditions that may affect cost, progress, performance or furnishing of the 13 Work. 14 15 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 16 progress, performance or furnishing of the Work. 17 18 4.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or 19 contiguous to the Site and all drawings of physical conditions relating to existing 20 surface or subsurface structures at the Site (except Underground Facilities) that 21 have been identified in the Contract Documents as containing reliable "technical 22 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 23 at the Site that have been identified in the Contract Documents as containing 24 reliable "technical data." 25 26 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 27 the information which the City will furnish. All additional information and data 28 which the City will supply after promulgation of the formal Contract Documents 29 shall be issued in the form of written addenda and shall become part of the Contract 30 Documents just as though such addenda were actually written into the original 31 Contract Documents. No information given by the City other than that contained in 32 the Contract Documents and officially promulgated addenda thereto, shall be 33 binding upon the City. 34 35 4.1.6. Perform independent research, investigations, tests, borings, and such other means 36 as may be necessary to gain a complete knowledge of the conditions which will be 37 encountered during the construction of the project. On request, City may provide 38 each Bidder access to the site to conduct such examinations, investigations, 39 explorations, tests and studies as each Bidder deems necessary for submission of a 40 Bid. Bidder must fill all holes and clean up and restore the site to its former 41 conditions upon completion of such explorations, investigations, tests and studies. 42 43 00 21 13 - 3 INSTRUCTIONS TO BIDDERS Page 3 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 1 cost of doing the Work, time required for its completion, and obtain all information 2 required to make a proposal. Bidders shall rely exclusively and solely upon their 3 own estimates, investigation, research, tests, explorations, and other data which are 4 necessary for full and complete information upon which the proposal is to be based. 5 It is understood that the submission of a proposal is prima-facie evidence that the 6 Bidder has made the investigation, examinations and tests herein required. Claims 7 for additional compensation due to variations between conditions actually 8 encountered in construction and as indicated in the Contract Documents will not be 9 allowed. 10 11 4.1.8. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 12 between the Contract Documents and such other related documents. The Contractor 13 shall not take advantage of any gross error or omission in the Contract Documents, 14 and the City shall be permitted to make such corrections or interpretations as may 15 be deemed necessary for fulfillment of the intent of the Contract Documents. 16 17 4.2. Reference is made to Section 00 73 00 – Supplementary Conditions for identification of: 18 19 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 20 the site which have been utilized by City in preparation of the Contract Documents. 21 The logs of Soil Borings, if any, on the plans are for general information only. 22 Neither the City nor the Engineer guarantee that the data shown is representative of 23 conditions which actually exist. 24 25 4.2.2. those drawings of physical conditions in or relating to existing surface and 26 subsurface structures (except Underground Facilities) which are at or contiguous to 27 the site that have been utilized by City in preparation of the Contract Documents. 28 29 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 30 on request. Those reports and drawings may not be part of the Contract 31 Documents, but the "technical data" contained therein upon which Bidder is entitled 32 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 33 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 34 responsible for any interpretation or conclusion drawn from any "technical data" or 35 any other data, interpretations, opinions or information. 36 37 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 38 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 39 exception the Bid is premised upon performing and furnishing the Work required by the 40 Contract Documents and applying the specific means, methods, techniques, sequences or 41 procedures of construction (if any) that may be shown or indicated or expressly required 42 by the Contract Documents, (iii) that Bidder has given City written notice of all 43 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 44 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 45 etc., have not been resolved through the interpretations by City as described in 46 Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate 47 and convey understanding of all terms and conditions for performing and furnishing the 48 Work. 49 50 00 21 13 - 4 INSTRUCTIONS TO BIDDERS Page 4 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 1 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 2 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 3 Documents. 4 5 4.5. The Bidder acknowledges and agrees to comply with the requirements of City Ethics 6 Ordinance No. 18-157. 7 8 5. Availability of Lands for Work, Etc. 9 10 5.1. The lands upon which the Work is to be performed, rights-of-way and easements for 11 access thereto and other lands designated for use by Contractor in performing the Work 12 are identified in the Contract Documents. All additional lands and access thereto 13 required for temporary construction facilities, construction equipment or storage of 14 materials and equipment to be incorporated in the Work are to be obtained and paid for 15 by Contractor. Easements for permanent structures or permanent changes in existing 16 facilities are to be obtained and paid for by City unless otherwise provided in the 17 Contract Documents. 18 19 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 20 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right-21 of-way, easements, and/or permits are not obtained, the City reserves the right to cancel 22 the award of contract at any time before the Bidder begins any construction work on the 23 project. 24 25 5.3. The Bidder shall be prepared to commence construction without all executed right-of-26 way, easements, and/or permits, and shall submit a schedule to the City of how 27 construction will proceed in the other areas of the project that do not require permits 28 and/or easements. 29 30 6. Interpretations and Addenda 31 32 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 33 City in writing on or before the question deadline. Questions received after this day 34 WILL NOT be responded to. Interpretations or clarifications considered necessary by 35 City in response to such questions will be issued by Addenda delivered to all parties 36 recorded by City as having received the Bidding Documents. Only questions answered 37 by formal written Addenda will be binding. Oral and other interpretations or 38 clarifications will be without legal effect. 39 40 Address questions in this solicitation’s page at http://dentontx.ionwave.net. 41 42 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 43 City. 44 45 6.3. Addenda or clarifications may be posted via the City’s online hosting site, which can be 46 located by visiting the City of Denton’s Purchasing Division website at 47 http://dentontx.ionwave.net. 48 49 00 21 13 - 5 INSTRUCTIONS TO BIDDERS Page 5 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or 1 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 2 Project. Bidders are encouraged to attend and participate in the conference. City will 3 transmit to all prospective Bidders of record such Addenda as City considers necessary 4 in response to questions arising at the conference. Oral statements may not be relied 5 upon and will not be binding or legally effective. 6 7 7. Bid Security 8 9 7.1. Each Bid for projects over $100,000, must be accompanied by Bid Bond made payable to 10 City in an amount of five (5) percent of Bidder's maximum Bid price on form attached, 11 issued by a surety meeting the requirements of Paragraphs 5.01 of the General 12 Conditions, and in accordance with Texas Local Government Code 262.032. 13 14 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 15 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 16 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 17 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 18 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 19 other Bidders whom City believes to have a reasonable chance of receiving the award 20 will be retained by City until final contract execution. 21 22 8. Contract Times 23 The number of days within which, or the dates by which, Milestones are to be achieved in 24 accordance with the General Requirements and the Work is to be completed and ready for 25 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 26 attached Bid Form. 27 28 9. Liquidated Damages 29 Provisions for liquidated damages are set forth in the Agreement. 30 31 10. Substitute and "Or-Equal" Items 32 The Contract, if awarded, will be on the basis of materials and equipment described in the 33 Bidding Documents without consideration of possible substitute or "or-equal" items. 34 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or-35 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 36 City, application for such acceptance will not be considered by City until after the Effective 37 Date of the Agreement. The procedure for submission of any such application by Contractor 38 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 39 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 40 41 11. Subcontractors, Suppliers and Others 42 43 11.1. No Contractor shall be required to employ any Subcontractor, Supplier, other person 44 or organization against whom Contractor has reasonable objection. 45 46 12. Bid Form 47 48 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 49 obtained from the City. 50 51 00 21 13 - 6 INSTRUCTIONS TO BIDDERS Page 6 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 12.2. All blanks on the Bid Form must be completed and the Bid Form signed. Erasures or 1 alterations shall be initialed by the person signing the Bid Form. A Bid price shall be 2 indicated for each Bid item, alternative, and unit price item listed therein. In the case 3 of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may 4 be entered. Bidder shall state the prices, in both words and numerals, for which the 5 Bidder proposes to do the work contemplated or furnish materials required. If 6 handwritten, all prices shall be written legibly. In case of discrepancy between price 7 in written/typed words and the price in written/typed numerals, the price in 8 written/typed words shall govern. 9 10 12.3. Bids by corporations shall be executed in the corporate name by the president or a 11 vice-president or other corporate officer accompanied by evidence of authority to 12 sign, as provided herein, Section 00 45 43 – Corporate Resolution of Authorizing 13 Signatories. The corporate address and state of incorporation shall be shown below 14 the signature. 15 16 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 17 partner, whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the 19 signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed below the signature. 31 32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 33 which shall be filled in on the Bid Form. 34 35 12.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 38 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37 – Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 13. Submission of Bids 43 44 13.1. Bids may be submitted electronically or by hard copy. Electronic submittals cannot 45 be emailed. Electronic and hardcopy submission details are available on this 46 solicitation’s page at http://dentontx.ionwave.net. 47 48 13.2. Hard copies of bid bonds shall be submitted for both electronic and hard copy 49 submissions. Bonds must be submitted in a sealed envelope before the due date and 50 time as indicated in Section 00 11 13 – Invitation to Bidders. 51 00 21 13 - 7 INSTRUCTIONS TO BIDDERS Page 7 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1 13.3. Bids shall be submitted on the prescribed Bid Form, provided with the Bidding 2 Documents, at the time and place indicated in the Advertisement or INVITATION 3 TO BIDDERS, and shall be enclosed in an opaque sealed envelope, marked with the 4 Bid Number, Project title, the name and address of Bidder, and accompanied by the 5 Bid security and other required documents, as indicated in Section 00 41 00 – Bid 6 Form. If the Bid is sent through the mail or other delivery system, the sealed 7 envelope shall be enclosed in a separate envelope with the notation "BID 8 ENCLOSED" on the face of it. Hard copy submissions shall also include a flash 9 drive, containing a complete copy of the response, and be addressed as follows: 10 11 City of Denton 12 901-B Texas Street 13 Denton, TX 76209 14 Attn: Materials Management/Purchasing Division, Bid #7239 – Denton 15 Enterprise Airport Landside Paving Improvements 16 17 00 21 13 - 8 INSTRUCTIONS TO BIDDERS Page 8 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 14. Modification and Withdrawal of Bids 1 2 14.1. Bids addressed to the Purchasing Agent and filed with the Purchasing Division may 3 be withdrawn prior to the time set for bid opening. A request for withdrawal must be 4 made in writing by an appropriate document duly executed in the manner that a Bid 5 must be executed and delivered to the place where Bids are to be submitted at any 6 time prior to the opening of Bids. After all Bids not requested for withdrawal are 7 opened and publicly read aloud, the Bids for which a withdrawal request has been 8 properly filed may, at the option of the City, be returned unopened. 9 10 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 11 time set for the closing of Bid receipt. 12 13 15. Opening of Bids 14 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 15 abstract of the amounts of the base Bids and major alternates (if any) will be made available 16 to Bidders after the opening of Bids. 17 18 16. Bids to Remain Subject to Acceptance 19 All Bids will remain subject to acceptance for the time period specified for Notice of Award 20 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 21 City's sole discretion, release any Bid and nullify the Bid security prior to that date. 22 23 17. Evaluation of Bids and Award of Contract 24 25 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 26 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 27 and to reject the Bid of any Bidder if City believes that it would not be in the best 28 interest of the Project to make an award to that Bidder, whether because the Bid is 29 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 30 meet any other pertinent standard or criteria established by City. City also reserves 31 the right to waive informalities not involving price, contract time or changes in the 32 Work with the Successful Bidder. Discrepancies between the multiplication of units 33 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 34 between the indicated sum of any column of figures and the correct sum thereof will 35 be resolved in favor of the correct sum. Discrepancies between words and figures 36 will be resolved in favor of the words. 37 38 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 39 among the Bidders, Bidder is an interested party to any litigation against City, 40 City or Bidder may have a claim against the other or be engaged in litigation, 41 Bidder is in arrears on any existing contract or has defaulted on a previous 42 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 43 Bidder has uncompleted work which in the judgment of the City will prevent or 44 hinder the prompt completion of additional work if awarded. 45 46 00 21 13 - 9 INSTRUCTIONS TO BIDDERS Page 9 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 1 other persons and organizations proposed for those portions of the Work as to which 2 the identity of Subcontractors, Suppliers, and other persons and organizations must 3 be submitted as provided in the Contract Documents or upon the request of the City. 4 City also may consider the operating costs, maintenance requirements, performance 5 data and guarantees of major items of materials and equipment proposed for 6 incorporation in the Work when such data is required to be submitted prior to the 7 Notice of Award. 8 9 17.3. City may conduct such investigations as City deems necessary to assist in the 10 evaluation of any Bid and to establish the responsibility, qualifications, and financial 11 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 12 organizations to perform and furnish the Work in accordance with the Contract 13 Documents to City's satisfaction within the prescribed time. 14 15 17.4. Contractor shall perform with his own organization, work of a value not less than 16 35% of the value embraced on the Contract, unless otherwise approved by the City. 17 Contractor shall complete and submit Section 00 43 36 – Proposed Subcontractors 18 Form. 19 20 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 21 responsive Bidder whose evaluation by City indicates that the award will be in the 22 best interests of the City. 23 24 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 25 contract to a Nonresident Bidder unless the Nonresident Bidder’s bid is lower than 26 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 27 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 28 comparable contract in the state in which the nonresident’s principal place of 29 business is located. 30 31 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 32 to be awarded, City will award the Contract within 120 days after the day of the Bid 33 opening unless extended in writing. No other act of City or others will constitute 34 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 35 the City. 36 37 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 38 39 17.9. Contractor is required to fill out the Certificate of Interested Parties Form 1295 and 40 the form must be submitted to the City Project Manager before the contract will be 41 presented to the City Council. The form can be obtained at 42 https://www.ethics.state.tx.us/tec/1295-Info.htm. 43 44 45 00 21 13 - 10 INSTRUCTIONS TO BIDDERS Page 10 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 18. Signing of Agreement 1 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 2 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 3 Contractor shall sign and deliver the required number of counterparts of the Agreement to 4 City with the required Bonds, Certificates of Insurance, and all other required documentation. 5 City shall thereafter deliver one fully signed counterpart to Contractor. 6 7 END OF SECTION 8 00 35 13 - 1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 35 13 1 CONFLICT OF INTEREST AFFIDAVIT 2 CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date END OF SECTION 3 00 41 00 - 1 BID FORM Page 1 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 41 00 1 BID FORM 2 TO: Laura Hermosillo 3 c/o: Purchasing Division 4 901-B Texas Street 5 Denton, Texas 76209 6 7 FOR: Denton Enterprise Airport Landside Paving Improvements 8 9 1 Enter Into Agreement 10 11 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement 12 with City in the form included in the Bidding Documents to perform and furnish all Work as 13 specified or indicated in the Contract Documents for the Bid Price and within the Contract Time 14 indicated in this Bid and in accordance with the other terms and conditions of the Contract 15 Documents. 16 17 2 BIDDER Acknowledgements and Certification 18 19 2.1 In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION 20 TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those 21 dealing with the disposition of Bid Bond. 22 2.2 Bidder is aware of all costs to provide the required insurance, will do so pending contract 23 award, and will provide a valid insurance certificate meeting all requirements within 14 24 days of notification of award. 25 2.3 Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any 26 undisclosed individual or entity and is not submitted in conformity with any collusive 27 agreement or rules of any group, association, organization, or corporation. 28 2.4 Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false 29 or sham Bid. 30 2.5 Bidder has not solicited or induced any individual or entity to refrain from bidding. 31 2.6 Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing 32 for the Contract. For the purposes of this Paragraph: 33 a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing 34 of value likely to influence the action of a public official in the bidding process. 35 36 b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to 37 influence the bidding process to the detriment of City (b) to establish Bid prices 38 at artificial non-competitive levels, or (c) to deprive City of the benefits of free 39 and open competition. 40 41 c. "collusive practice" means a scheme or arrangement between two or more 42 Bidders, with or without the knowledge of City, a purpose of which is to 43 establish Bid prices at artificial, non-competitive levels. 44 45 d. "coercive practice" means harming or threatening to harm, directly or indirectly, 46 persons or their property to influence their participation in the bidding process or 47 affect the execution of the Contract. 48 49 00 41 00 - 2 BID FORM Page 2 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 2.7 The Bidder acknowledges and agrees to comply with the requirements of City Ethics 1 Ordinance No. 18-757. 2 3 3 Time of Completion 4 5 3.1 The Work will be complete for Final Acceptance within 120 days after the date when the 6 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 7 3.2 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of 8 failure to complete the Work {and/or achievement of Milestones} within the times 9 specified in the Agreement. 10 11 4 Attached to this Bid 12 13 The following documents are attached to and made a part of this Bid: 14 a. This Bid Form 15 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of 16 Paragraph 5.01 of the General Conditions. 17 c. Proposal Form Section 18 d. Proposal Form Section – Electronic Copy (http://dentontx.ionwave.net) 19 e. Vendor Compliance to State Law Non-Resident Bidder, Section 00 43 37 20 f. Conflict of Interest Affidavit, Section 00 35 13 21 g. Proposed Subcontractors Form, Section 00 43 36 22 h. Bidders Minimum Qualification Statement, Section 00 45 13 23 i. Corporate Resolution of Authorized Signatories, Section 00 45 43 24 j. Any additional documents that may be required by Section 12 of the Instructions to 25 Bidders 26 27 5 Total Bid Amount 28 29 5.1 Bidder will complete the Work in accordance with the Contract Documents for the 30 following bid amount. In the space provided below, please enter the total bid amount for 31 this project. Only this figure will be read publicly by the City at the bid opening. 32 5.2 It is understood and agreed by the Bidder in signing this proposal that the total bid amount 33 entered below is subject to verification and/or modification by multiplying the unit bid 34 prices for each pay item by the respective estimated quantities shown in this proposal and 35 then totaling all of the extended amounts. 36 5.3 Evaluation of Alternate Bid Items 37 38 Base Bid Amount: $__________________________________ 39 (John Carrell Road, Skylane, Spartan Drive, Lockheed Lane) 40 41 42 Total Bid Amount: $__________________________________ 43 44 45 00 41 00 - 3 BID FORM Page 3 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 6 Bid Submittal 1 2 This Bid is submitted on _____________________________, 20___ by the entity named below. 3 4 5 Respectfully submitted, 6 7 By: ______________________________ 8 (Signature) 9 10 _________________________________ 11 (Printed Name) 12 13 Title: _____________________________ 14 15 Company: _________________________ 16 17 Address: __________________________ 18 ___________________________ 19 State of Incorporation: _______________ 20 Email: ____________________________ 21 Phone: ____________________________ 22 Receipt is acknowledged of the following Addenda: Initial Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum No. 4: From:Contractor Name Address City, ST contact name Airport Landside Paving contact phone 7239 contact email 190055 Item NO. Spec. Section No.Description of work UOM BID QTY Unit Price Extended Price 1 01 07 00 Mobilization LS 1 -$ $0.00 2 01 58 13 Capital Improvement Signs EA 2 -$ $0.00 3 01 57 13 Erosion Control SWPPP LS 1 -$ $0.00 4 801 Traffic Control LS 1 -$ $0.00 5 203.1 Preparing R.O.W.STA 49 -$ $0.00 6 202.5 Remove Existing Asphalt Paving SY 7720 -$ $0.00 7 301.2 12" Lime Treated Subgrade SY 9320 -$ $0.00 8 301.2 Hydrated Lime TON 337 -$ $0.00 9 TxDOT 358 Asphalt Milling (0" to 2")SY 1750 -$ $0.00 10 403.2 8" HMAC Patching SY 110 -$ $0.00 11 302.9 6" Type B HMAC SY 7420 -$ $0.00 12 302.9 3" Type B HMAC SY 7720 -$ $0.00 13 302.9 2" Type C HMAC SY 12700 -$ $0.00 14 305.1 Concrete Ribbon Curb LF 4180 -$ $0.00 15 204.2 Topsoil SY 950 -$ $0.00 16 204.5 Block Sodding SY 950 -$ $0.00 $0.00 THERE IS NO CONTINGENCY IN THIS PROJECT 0% CONTENGENCY:$0.00 $0.00 Contractor Name Airport Landside Paving ENG/PMO: City of Denton - Capital Projects 901-A Texas Street Denton, TX 76209 Attn: Laura Hermosillo/Purchasing Dept. PROPOSAL FORM: IFB: TOTAL BASE BID: TOTAL BID AMOUNT: BIDDERS APPLICATION - UNIT PRICE BID END BID ITEMS 00 43 13 - 1 BID BOND Page 1 of 2 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 43 13 1 BID BOND 2 3 KNOW ALL BY THESE PRESENTS: 4 That we, (Bidder Name)___________________________________________________, 5 known as “Principal” herein, and (Surety Name)_____________________________________, a 6 corporate surety duly authorized to do business in the State of Texas, known as “Surety” herein, 7 are held and firmly bound unto the City of Denton, a municipal corporation created pursuant to 8 the laws of Texas, known as “City” herein, in the penal sum of five percent (5%) of Bidder’s 9 maximum bid price, in lawful money of the United States, to be paid in Denton, Denton County, 10 Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, 11 executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 12 WHEREAS, the Principal has submitted a proposal to perform work for the following 13 project designated as 14 Denton Enterprise Airport Landside Paving Improvements. 15 16 NOW, THEREFORE, the condition of this obligation is such that if the City shall 17 award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all 18 requirements and conditions required for the execution of the Contract and shall enter into the 19 Contract in writing with the City in accordance with the terms of such same, then this obligation 20 shall be and become null and void. If, however, the Principal fails to execute such Contract in 21 accordance with the terms of same or fails to satisfy all requirements and conditions required for 22 the execution of the Contract, this bond shall become the property of the City, without recourse of 23 the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate 24 City for the difference between Principal’s total bid amount and the next selected bidder’s total 25 bid amount. 26 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 27 Denton County, Texas or the United States District Court for the Eastern District of Texas, 28 Sherman Division. 29 30 00 43 13 - 2 BID BOND Page 2 of 2 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 1 this instrument by duly authorized agents and officers on this the _______ day of 2 ____________________, 20___. 3 4 5 By: ___________________________________________________________________________ 6 (Principal Name) 7 8 ______________________________________________________________________________ 9 (Signature and Title of Principal) 10 11 *By: __________________________________________________________________________ 12 (Surety Name) 13 14 ______________________________________________________________________________ 15 (Signature of Attorney-in-Fact) 16 17 *Attach Power of Attorney (Surety) for Attorney-in-Fact 18 END OF SECTION 19 Impressed Surety Seal Only 00 43 36 - 1 PROPOSED SUBCONTRACTORS FORM Page 1 of 2 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 43 36 1 PROPOSED SUBCONTRACTORS FORM 2 3 Each Bidder for a City procurement is required to complete the information below by identifying 4 the proposed subcontractors whom they intend to utilize and the approximate percentage of the 5 overall contract that will be allocated to each entity. Bidder is reminded that a minimum of 35% 6 of the Contract must be performed by Bidder’s company. 7 8 Company Name Type of Work to be Performed Overall Contract Percentage (%) General Contractor: Subcontractors: 9 10 The undersigned hereby certifies that the subcontractors described in the table above will 11 be utilized for this project at the approximate percentage levels indicated above. 12 13 BIDDER: 14 15 _____________________________________ By: ___________________________________ 16 Company (Please Print) 17 00 43 36 - 2 PROPOSED SUBCONTRACTORS FORM Page 2 of 2 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1 _____________________________________ Signature: ______________________________ 2 Address 3 4 _____________________________________ Title: __________________________________ 5 City/State/Zip (Please Print) 6 7 Date: __________________________________ 8 9 END OF SECTION 10 00 43 37 - 1 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 43 37 1 VENDOR COMPLIANCE TO STATE LAW NON- RESIDENT BIDDER 2 3 Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident 4 bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident 5 bidders (out-of-state contractors whose corporate offices or principal place of business are outside 6 the State of Texas) bid projects for construction, improvements, supplies or services in Texas at 7 an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident 8 bidder would be required to underbid a nonresident bidder in order to obtain a comparable 9 contract in the State which the nonresident’s principal place of business is located. 10 The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your 11 bid to meet specifications. The failure of nonresident bidders to do so will automatically 12 disqualify that bidder. Resident bidders must check the box in Section B. 13 A. Nonresident bidders in the State of ______________________, our principal place of 14 business, are required to be ________________ percent lower than resident bidders by State 15 Law. A copy of the statute is attached. 16 Nonresident bidders in the State of _____________________, our principal place of business, 17 are not required to underbid resident bidders. 18 B. The principal place of business of our company or our parent company or majority owner is 19 in the State of Texas. 20 21 BIDDER: 22 23 _____________________________________ By: ___________________________________ 24 Company (Please Print) 25 26 _____________________________________ Signature: ______________________________ 27 Address 28 29 _____________________________________ Title: __________________________________ 30 City/State/Zip (Please Print) 31 32 Date: __________________________________ 33 34 END OF SECTION 35 00 45 13 - 1 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 1 of 6 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 45 13 1 BIDDER'S MINIMUM QUALIFICATION STATEMENT 2 3 List three (3) Government references, other than the City of Denton, who can verify the quality of service 4 your company provides. The City prefers customers of similar size and scope of work to this solicitation. 5 6 REFERENCE ONE 7 GOVERNMENT/COMPANY NAME: 8 LOCATION: 9 CONTACT PERSON AND TITLE: 10 TELEPHONE NUMBER: 11 SCOPE OF WORK: 12 CONTRACT PERIOD: 13 14 REFERENCE TWO 15 GOVERNMENT/COMPANY NAME: 16 LOCATION: 17 CONTACT PERSON AND TITLE: 18 TELEPHONE NUMBER: 19 SCOPE OF WORK: 20 CONTRACT PERIOD: 21 22 REFERENCE THREE 23 GOVERNMENT/COMPANY NAME: 24 LOCATION: 25 CONTACT PERSON AND TITLE: 26 TELEPHONE NUMBER: 27 SCOPE OF WORK: 28 CONTRACT PERIOD: 29 30 31 32 33 34 00 45 13 - 2 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 2 of 6 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 PROJECT INFORMATION FORM 1 2 Detail three (3) of the most recent projects Bidder’s firm has completed providing 3 services similar to this project: 4 5 Project #1 6 Name of Project: 7 8 Project Owner Name, Address and Phone Number: 9 10 Original Contract Amount: 11 12 Final Contract Amount: 13 14 Contract Time Allotted (Calendar Days): 15 16 Start Date for Project: 17 18 Final Completion Date for Project: 19 20 Number of Days to complete (calendar days): 21 22 23 Detail the project, including size, length, and materials used. Also describe any known contractual issues, 24 successes, or potential problems and solutions encountered. 25 26 _________________________________________________________________________________________27 _________________________________________________________________________________________28 _________________________________________________________________________________________29 _________________________________________________________________________________________30 _________________________________________________________________________________________31 _________________________________________________________________________________________32 _________________________________________________________________________________________33 _________________________________________________________________________________________34 _________________________________________________________________________________________35 _________________________________________________________________________________________36 _________________________________________________________________________________________37 _________________________________________________________________________________________ 38 39 00 45 13 - 3 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 3 of 6 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1 PROJECT INFORMATION FORM 2 3 4 5 6 Project #2 7 Name of Project: 8 9 Project Owner Name, Address and Phone Number: 10 11 Original Contract Amount: 12 13 Final Contract Amount: 14 15 Contract Time Allotted (Calendar Days): 16 17 Start Date for Project: 18 19 Final Completion Date for Project: 20 21 Number of Days to complete (calendar days): 22 23 24 Detail the project, including size, length, and materials used. Also describe any known contractual issues, 25 successes, or potential problems and solutions encountered. 26 27 _________________________________________________________________________________________28 _________________________________________________________________________________________29 _________________________________________________________________________________________30 _________________________________________________________________________________________31 _________________________________________________________________________________________32 _________________________________________________________________________________________33 _________________________________________________________________________________________34 _________________________________________________________________________________________35 _________________________________________________________________________________________36 _________________________________________________________________________________________37 _________________________________________________________________________________________38 _________________________________________________________________________________________39 _________________________________________________________________________________________40 __ 41 42 00 45 13 - 4 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 4 of 6 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1 PROJECT INFORMATION FORM 2 3 4 5 Project #3 6 Name of Project: 7 8 Project Owner Name, Address and Phone Number: 9 10 Original Contract Amount: 11 12 Final Contract Amount: 13 14 Contract Time Allotted (Calendar Days): 15 16 Start Date for Project: 17 18 Final Completion Date for Project: 19 20 Number of Days to complete (calendar days): 21 22 23 Detail the project, including size, length, and materials used. Also describe any known contractual issues, 24 successes, or potential problems and solutions encountered. 25 26 _________________________________________________________________________________________27 _________________________________________________________________________________________28 _________________________________________________________________________________________29 _________________________________________________________________________________________30 _________________________________________________________________________________________31 _________________________________________________________________________________________32 _________________________________________________________________________________________33 _________________________________________________________________________________________34 _________________________________________________________________________________________35 _________________________________________________________________________________________36 _________________________________________________________________________________________37 _________________________________________________________________________________________38 _________________________________________________________________________________________39 __ 40 41 00 45 13 - 5 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 5 of 6 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SAFETY RECORD QUESTIONNAIRE 1 2 The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local 3 Government Code, and consider the safety records of potential contractors prior to award of City 4 contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has 5 adopted the following written definition and criteria for accurately determining the safety record 6 of a respondent prior to awarding City contracts. 7 8 The definition and criteria for determining the safety record of a respondent for this consideration 9 shall be: 10 11 The City of Denton shall consider the safety record of the respondent in determining the 12 responsibility thereof. The City may consider any incidence involving worker safety or 13 safety of the citizens of the City of Denton, be it related or caused by environmental, 14 mechanical, operational, supervision or any other cause or factor. Specifically, the City 15 may consider, among other things: 16 A. Complaints to, or final orders entered by, the Occupational Safety and Health 17 Review Commission (OSHRC), against the respondent for violations of OSHA 18 regulations within the past three (3) years. 19 B. Citations (as defined below) from an Environmental Protection Agency (as 20 defined below) for violations within the past five (5) years. Environmental 21 Protection Agencies include, but are not necessarily limited to, the U.S. Army 22 Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the 23 Environmental Protection Agency (EPA), the Texas Commission on 24 Environmental Quality (TCEQ), the Texas Natural Resource Conservation 25 Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of 26 Health (TDH), the Texas Parks and Wildlife Department (TPWD), the Structural 27 Pest Control Board (SPCB), agencies of local governments responsible for 28 enforcing environmental protection or worker safety related laws or regulations, 29 and similar regulatory agencies of other states of the United States. Citations 30 include notices of violation, notices of enforcement, suspension/revocations of 31 state or federal licenses or registrations, fines assessed, pending criminal 32 complaints, indictments, or convictions, administrative orders, draft orders, final 33 orders, and judicial final judgments. 34 C. Convictions of a criminal offense within the past ten (10) years, which resulted in 35 bodily harm or death. 36 D. Any other safety related matter deemed by the City Council to be material in 37 determining the responsibility of the respondent and his or her ability to perform 38 the services or goods required by the solicitation documents in a safe 39 environment, both for the workers and other employees of respondent and the 40 citizens of the City of Denton. 41 42 In order to obtain proper information from respondents so that City of Denton may consider the 43 safety records of potential contractors prior to awarding bids on City contracts, City of Denton 44 requires that respondents answer the following three (3) questions and submit them with their 45 submissions: 46 47 48 00 45 13 - 6 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 6 of 6 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 QUESTION ONE 1 2 Has the respondent, or the firm, corporation, partnership, or institution represented by the 3 respondent, or anyone acting for such firm, corporation, partnership or institution, received 4 citations for violations of OSHA within the past three (3) years? 5 6 YES NO 7 8 If the respondent has indicated YES for question number one above, the respondent must provide 9 to City of Denton, with its submission, the following information with respect to each such 10 citation: 11 12 Date of offense, location of establishment inspected, category of offense, final disposition of 13 offense, if any, and penalty assessed. 14 15 QUESTION TWO 16 17 Has the respondent, or the firm, corporation, partnership, or institution represented by the 18 respondent, or anyone acting for such firm, corporation, partnership or institution, received 19 citations for violations of environmental protection laws or regulations, of any kind or type, 20 within the past five years? Citations include notice of violation, notice of enforcement, 21 suspension/revocations of state or federal licenses, or registrations, fines assessed, pending 22 criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, 23 and judicial final judgments. 24 25 YES NO 26 27 If the respondent has indicated YES for question number two above, the respondent must provide 28 to City of Denton, with its submission, the following information with respect to each such 29 conviction: 30 31 Date of offense or occurrence, location where offense occurred, type of offense, final disposition 32 of offense, if any, and penalty assessed. 33 34 QUESTION THREE 35 36 Has the respondent, or the firm, corporation, partnership, or institution represented by respondent, 37 or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, 38 within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or 39 death? 40 41 YES NO 42 43 If the respondent has indicated YES for question number three above, the respondent must 44 provide to City of Denton, with its submission, the following information with respect to each 45 such conviction: 46 Date of offense, location where offense occurred, type of offense, final disposition of offense, if 47 any, and penalty assessed. 48 END OF SECTION 49 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 45 26 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 2 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 3 provides worker’s compensation insurance coverage for all of its employees employed on Denton 4 Enterprise Airport Landside Paving Improvements. Contractor further certifies that, pursuant to 5 Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor’s 6 certificates of compliance with worker’s compensation coverage. 7 8 CONTRACTOR: 9 10 _____________________________________ By: ___________________________________ 11 Company (Please Print) 12 13 _____________________________________ Signature: ______________________________ 14 Address 15 16 _____________________________________ Title: __________________________________ 17 City/State/Zip (Please Print) 18 19 20 THE STATE OF TEXAS § 21 22 COUNTY OF DENTON § 23 24 BEFORE ME, the undersigned authority, on this day personally appeared 25 ___________________________________, known to me to be the person whose name is 26 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 27 the act and deed of ____________________________________ for the purposes and 28 consideration therein expressed and in the capacity therein stated. 29 30 GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____________day of 31 _______________________, 20__. 32 33 34 __________________________________ 35 Notary Public in and for the State of Texas 36 37 END OF SECTION 38 00 45 43 - 1 CORPORATE RESOLUTION AUTHORIZING SIGNATORIES Page 1 of 1 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 45 43 1 CORPORATE RESOLUTION AUTHORIZING SIGNATORIES 2 3 4 5 [Assembler: For Contract Document execution, remove this page and replace with Bidder’s 6 corporate resolution authorizing signatories.] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION 24 00 52 43 - 1 Agreement Page 1 of 9 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 52 43 1 AGREEMENT 2 THIS AGREEMENT, authorized on ______________is made by and between the City of Denton, 3 a Texas home rule municipality, acting by and through its duly authorized City Manager, (“City”), 4 and ________________________, authorized to do business in __________, acting by and through 5 its duly authorized representative, (“Contractor”). 6 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 7 Article 1. WORK 8 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 9 Project identified herein. 10 Article 2. PROJECT 11 The project for which the Work under the Contract Documents may be the whole or only a part is 12 generally described as follows: 13 Description of Project: Denton Enterprise Airport Landside Paving Improvements 14 Contract No: Bid #7239, Project #190055 15 Article 3. CONTRACT PRICE 16 City agrees to pay Contractor for performance of the Work in accordance with the Contract 17 Documents an amount, in current funds, of _____________________________________Dollars 18 ($ ). 19 Article 4. CONTRACT TIME 20 4.1 Final Acceptance. 21 The Work will be complete for Final Acceptance within 120 days after the date when the 22 Contract Time commences to run, as provided in Paragraph 2.03 of the General Conditions, 23 plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 24 4.2 Liquidated Damages 25 Contractor recognizes that time is of the essence for completion of Milestones, if any, and 26 to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is 27 not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also 28 00 52 43 - 2 Agreement Page 2 of 9 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 recognizes the delays, expense and difficulties involved in proving in a legal proceeding, 1 the actual loss suffered by the City if the Work is not completed on time. Accordingly, 2 instead of requiring any such proof, Contractor agrees that as liquidated damages for delay 3 (but not as a penalty), Contractor shall pay City Two Thousand dollars ($2,000.00) for each 4 day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the 5 City issues the Final Letter of Acceptance. 6 Article 5. CONTRACT DOCUMENTS 7 5.1 CONTENTS: 8 A. The Contract Documents which comprise the entire agreement between City and 9 Contractor concerning the Work consist of the following: 10 1. This Agreement. 11 2. Attachments to this Agreement: 12 a. Bid Form 13 1) Proposal Form 14 2) Vendor Compliance to State Law Non-Resident Bidder 15 3) State and Federal documents (project specific) 16 b. Current Prevailing Wage Rate Table 17 c. Insurance ACORD Form(s) 18 d. Worker’s Compensation Affidavit 19 e. Form 1295 – Certificate of Interested Parties 20 f. General Conditions. 21 g. Supplementary Conditions. 22 3. The following located in File 6901 at: 23 https://lfpubweb.cityofdenton.com/MaterialsManagement/Browse.aspx?startid=1924 &row=1&dbid=0: 25 a. Specifications described in the Table of Contents of the Project’s Contract 26 Documents. 27 00 52 43 - 3 Agreement Page 3 of 9 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 b. North Central Texas Council of Governments Standard Specifications for Public 1 Works Construction – Fourth Edition, Divisions 200-800, and as amended by 2 City, and described in the Table of Contents of the Project’s Contract Documents. 3 c. Drawings. 4 d. Addenda. 5 e. Documentation submitted by Contractor prior to Notice of Award. 6 4. The following which shall be issued after the Effective Date and delivered to the City 7 within ten (10) days of the Effective Date and before beginning Work: 8 a. Payment Bond 9 b. Performance Bond 10 c. Maintenance Bond 11 d. Power of Attorney for the Bonds 12 5. The following which may be delivered or issued after the Effective Date and, if 13 issued, become an incorporated part of the Contract Documents: 14 a. Notice to Proceed. 15 b. Field Orders. 16 c. Change Orders. 17 d. Letter of Final Acceptance. 18 19 20 00 52 43 - 4 Agreement Page 4 of 9 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 Article 6. INDEMNIFICATION 1 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 2 expense, the city, its officers, servants and employees, from and against any and all 3 claims arising out of, or alleged to arise out of, the work and services to be performed 4 by the contractor, its officers, agents, employees, subcontractors, licensees or invitees 5 under this contract. This indemnification provision is specifically intended to operate 6 and be effective even if it is alleged or proven that all or some of the damages being 7 sought were caused, in whole or in part, by any act, omission or negligence of the city. 8 This indemnity provision is intended to include, without limitation, indemnity for any 9 and all costs, expenses and legal fees incurred by the city in defending against such 10 claims and causes of actions. 11 12 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 13 the city, its officers, servants and employees, from and against any and all loss of, 14 damage to, or destruction of, property of the city, arising out of, or alleged to arise out 15 of, the work and services to be performed by the contractor, its officers, agents, 16 employees, subcontractors, licensees or invitees under this contract. This 17 indemnification provision is specifically intended to operate and be effective even if it is 18 alleged or proven that all or some of the damages being sought were caused, in whole or 19 in part, by any act, omission or negligence of the city. 20 21 Article 7. MISCELLANEOUS 22 7.1 Terms. 23 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 24 have the meanings indicated in the General Conditions. 25 7.2 Assignment of Contract. 26 This Agreement, including all of the Contract Documents may not be assigned by the 27 Contractor without the advanced express written consent of the City. 28 7.3 Successors and Assigns. 29 City and Contractor each binds itself, its partners, successors, assigns and legal 30 representatives to the other party hereto, in respect to all covenants, agreements and 31 obligations contained in the Contract Documents. 32 00 52 43 - 5 Agreement Page 5 of 9 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 7.4 Severability. 1 Any provision or part of the Contract Documents held to be unconstitutional, void or 2 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 3 remaining provisions shall continue to be valid and binding upon City and Contractor. 4 7.5 Governing Law and Venue. 5 This Agreement, including all of the Contract Documents is performable in the State of 6 Texas. Venue shall be Denton County, Texas, or the United States District Court for the 7 Eastern District of Texas, Sherman Division. 8 7.6 Authority to Sign. 9 Contractor shall attach evidence of authority to sign Agreement if signed by someone other 10 than the duly authorized signatory of the Contractor. 11 12 7.7 Prohibition On Contracts With Companies Boycotting Israel. 13 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 14 Code, the City is prohibited from entering into a contract with a company for goods or 15 services unless the contract contains a written verification from the company that it: (1) 16 does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 17 The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms 18 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 19 certifies that Contractor’s signature provides written verification to the City that 20 Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of 21 the contract. 22 23 7.8 Immigration Nationality Act. 24 Contractor shall verify the identity and employment eligibility of its employees who perform 25 work under this Agreement, including completing the Employment Eligibility Verification 26 Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms 27 and supporting eligibility documentation for each employee who performs work under this 28 Agreement. Contractor shall adhere to all Federal and State laws as well as establish 29 appropriate procedures and controls so that no services will be performed by any Contractor 30 employee who is not legally eligible to perform such services. CONTRACTOR SHALL 31 00 52 43 - 6 Agreement Page 6 of 9 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, 1 LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY 2 CONTRACTOR, CONTRACTOR’S EMPLOYEES, SUBCONTRACTORS, 3 AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right 4 to immediately terminate this Agreement for violations of this provision by Contractor. 5 6 7.9 No Third-Party Beneficiaries. 7 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 8 and there are no third-party beneficiaries. 9 10 11 00 52 43 - 7 Agreement Page 7 of 9 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 7.10 No Cause of Action Against Engineer. 1 Contractor, its subcontractors and equipment and materials suppliers on the Project or their 2 sureties, shall maintain no direct action against the Engineer, its officers, employees, and 3 subcontractors, for any claim arising out of, in connection with, or resulting from the engineering 4 services performed. Only the City will be the beneficiary of any undertaking by the Engineer. 5 The presence or duties of the Engineer's personnel at a construction site, whether as on-site 6 representatives or otherwise, do not make the Engineer or its personnel in any way 7 responsible for those duties that belong to the City and/or the City's Contractors or other 8 entities, and do not relieve the Contractors or any other entity of their obligations, duties, and 9 responsibilities, including, but not limited to, all construction methods, means, techniques, 10 sequences, and procedures necessary for coordinating and completing all portions of the 11 construction work in accordance with the Contract Documents and any health or safety 12 precautions required by such construction work. The Engineer and its personnel have no 13 authority to exercise any control over any construction contractor or other entity or their 14 employees in connection with their work or any health or safety precautions. 15 16 SIGNATURE PAGE TO FOLLOW 17 18 00 52 43 - 8 Agreement Page 8 of 9 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective 1 as of the date subscribed by the City’s designated City Manager (“Effective Date”). 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ATTEST: RACHEL WOOD, INTERIM 37 CITY SECRETARY 38 39 40 ____________________________________41 ___ 42 43 44 APPROVED AS TO LEGAL FORM: 45 AARON LEAL, CITY ATTORNEY 46 47 ____________________________________48 ___ 49 00 52 43 - 2 Agreement Page 2 of 9 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 CITY OF DENTON BY: ___________________________________ CITY MANAGER CONTRACTOR CONTRACTOR NAME BY: ___________________________________ AUTHORIZED AGENT ____________________________________ ___ NAME ____________________________________ ___ TITLE ____________________________________ ___ PHONE NUMBER ____________________________________ ___ EMAIL ADDRESS THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT 00 61 13 - 1 PERFORMANCE BOND Page 1 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 61 13 1 PERFORMANCE BOND 2 3 THE STATE OF TEXAS § 4 § KNOW ALL BY THESE PRESENTS: 5 COUNTY OF DENTON § 6 That we, _____________________________________________________, known 7 as “Principal” herein and ____________________________________________, a 8 corporate surety(sureties, if more than one) duly authorized to do business in the State of 9 Texas, known as “Surety” herein (whether one or more), are held and firmly bound unto 10 the City of Denton, a municipal corporation created pursuant to the laws of Texas, known 11 as “City” herein, in the penal sum of, 12 ___________________________________________ Dollars 13 ($_______________________), lawful money of the United States, to be paid in Denton, 14 Denton County, Texas for the payment of which sum well and truly to be made, we bind 15 ourselves, our heirs, executors, administrators, successors and assigns, jointly and 16 severally, firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the _____ day of ________________, 20___, which Contract is hereby referred 19 to and made a part hereof for all purposes as if fully set forth herein, to furnish all 20 materials, equipment labor and other accessories defined by law, in the prosecution of the 21 Work, including any Change Orders, as provided for in said Contract designated as 22 Denton Enterprise Airport Landside Paving Improvements. 23 NOW, THEREFORE, the condition of this obligation is such that if the said 24 Principal shall faithfully perform it obligations under the Contract and shall in all respects 25 duly and faithfully perform the Work, including Change Orders, under the Contract, 26 according to the plans, specifications, and contract documents therein referred to, and as 27 well during any period of extension of the Contract that may be granted on the part of the 28 00 61 13 - 2 PERFORMANCE BOND Page 2 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 City, then this obligation shall be and become null and void, otherwise to remain in full 1 force and effect. 2 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue 3 shall lie in Denton County, Texas or the United States District Court for the Eastern 4 District of Texas, Sherman Division. 5 This bond is made and executed in compliance with the provisions of Chapter 6 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be 7 determined in accordance with the provisions of said statue. 8 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and 9 SEALED this instrument by duly authorized agents and officers on this the 10 day of , 20 . 11 PRINCIPAL: 12 13 _________________________________14 ___ 15 16 _________________________________17 ___ 18 19 BY: 20 ________________________________ 21 Signature 22 ATTEST: 23 24 ______________________________ 25 _________________________________26 ___ 27 (Principal) Secretary Name and Title 28 00 61 13 - 3 PERFORMANCE BOND Page 3 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1 Address: 2 ____________________________ 3 4 ____________________________ 5 6 ____________________________ 7 _____________________________ 8 Witness as to Principal 9 SURETY: 10 11 _________________________________12 ___ 13 14 _________________________________15 ___ 16 17 BY: 18 ________________________________ 19 Signature 20 21 22 _________________________________23 ___ 24 Name and Title 25 26 Address: 27 ____________________________ 28 29 ____________________________ 30 00 61 13 - 4 PERFORMANCE BOND Page 4 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1 ____________________________ 2 _____________________________ 3 Witness as to Surety Telephone Number: 4 ___________________ 5 6 7 8 *Note: If signed by an officer of the Surety Company, there must be on file a certified 9 extract from the by-laws showing that this person has authority to sign such 10 obligation. If Surety’s physical address is different from its mailing address, 11 both must be provided. The date of the bond shall not be prior to the date the 12 Contract is awarded. 13 14 00 61 14 - 1 PAYMENT BOND Page 1 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 61 14 1 PAYMENT BOND 2 3 THE STATE OF TEXAS § 4 § KNOW ALL BY THESE PRESENTS: 5 COUNTY OF DENTON § 6 That we, _____________________________________________________, 7 known as “Principal” herein, and 8 _________________________________________________________, a corporate 9 surety (sureties), duly authorized to do business in the State of Texas, known as “Surety” 10 herein (whether one or more), are held and firmly bound unto the City of Denton, a 11 municipal corporation created pursuant to the laws of the State of Texas, known as “City” 12 herein, in the penal sum of___________________________________________ Dollars 13 ($_______________________), lawful money of the United States, to be paid in Denton, 14 Denton County, Texas, for the payment of which sum well and truly be made, we bind 15 ourselves, our heirs, executors, administrators, successors and assigns, jointly and 16 severally, firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, 18 awarded the _____ day of ______________________, 20_____, which Contract is 19 hereby referred to and made a part hereof for all purposes as if fully set forth herein, to 20 furnish all materials, equipment, labor and other accessories as defined by law, in the 21 prosecution of the Work as provided for in said Contract and designated as Denton 22 Enterprise Airport Landside Paving Improvements. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that 24 if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as 25 defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution 26 of the Work under the Contract, then this obligation shall be and become null and void; 27 otherwise to remain in full force and effect. 28 00 61 14 - 2 PAYMENT BOND Page 2 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 This bond is made and executed in compliance with the provisions of Chapter 1 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be 2 determined in accordance with the provisions of said statute. 3 4 00 61 14 - 3 PAYMENT BOND Page 3 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and 1 SEALED this instrument by duly authorized agents and officers on this the _________ 2 day of ___________________, 20_____. 3 4 PRINCIPAL: _________________________________ _________________________________ ATTEST: BY: _____________________________ Signature ___________________________________ _____________________________ (Principal) Secretary Name and Title Address: _________________________ _________________________ ___________________________________ _________________________ Witness as to Principal SURETY: _________________________________ _________________________________ ATTEST: BY: _____________________________ Signature 00 61 14 - 4 PAYMENT BOND Page 4 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 __________________________________ _____________________________ (Surety) Secretary Name and Title Address: _________________________ _________________________ __________________________________ _________________________ Witness as to Surety Telephone Number: ________________ 1 Note: If signed by an officer of the Surety, there must be on file a certified extract from 2 the bylaws showing that this person has authority to sign such obligation. If Surety’s 3 physical address is different from its mailing address, both must be provided. 4 5 THE DATE OF THE BOND SHALL NOT BE PRIOR 6 TO THE DATE THE CONTRACT IS AWARDED. 7 END OF SECTION 8 9 00 61 19 - 1 MAINTENANCE BOND Page 1 of 6 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 61 19 1 MAINTENANCE BOND 2 3 THE STATE OF TEXAS § 4 § KNOW ALL BY THESE PRESENTS: 5 COUNTY OF TARRANT § 6 That we_____________________________________________________, known 7 as “Principal” herein and ____________________________________________, a 8 corporate surety (sureties, if more than one) duly authorized to do business in the State of 9 Texas, known as “Surety” herein (whether one or more), are held and firmly bound unto 10 the City of Denton, a municipal corporation created pursuant to the laws of the State of 11 Texas, known as “City” herein, in the sum 12 of_________________________________________ Dollars 13 ($_______________________), lawful money of the United States, to be paid in Denton, 14 Denton County, Texas, for payment of which sum well and truly be made unto the City 15 and its successors, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns, jointly and severally, firmly by these presents. 17 18 WHEREAS, the Principal has entered into a certain written contract with the City 19 awarded the_____ day of , 20 , which Contract is 20 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to 21 furnish all materials, equipment labor and other accessories as defined by law, in the 22 prosecution of the Work, including any Work resulting from a duly authorized Change 23 Order (collectively herein, the “Work”) as provided for in said contract and designated as 24 Denton Enterprise Airport Landside Paving Improvements; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the 27 Work in accordance with the plans, specifications and Contract Documents that the Work 28 00 61 19 - 2 MAINTENANCE BOND Page 2 of 6 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 is and will remain free from defects in materials or workmanship for and during the 1 period of two (2) years after the date of Final Acceptance of the Work by the City 2 (“Maintenance Period”); and 3 4 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in 5 part upon receiving notice from the City of the need therefor at any time within the 6 Maintenance Period. 7 8 NOW THEREFORE, the condition of this obligation is such that if Principal 9 shall remedy any defective Work, for which timely notice was provided by City, to a 10 completion satisfactory to the City, then this obligation shall become null and void; 11 otherwise to remain in full force and effect. 12 13 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any 14 timely noticed defective Work, it is agreed that the City may cause any and all such 15 defective Work to be repaired and/or reconstructed with all associated costs thereof being 16 borne by the Principal and the Surety under this Maintenance bond; and 17 18 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue 19 shall lie in Denton County, Texas or the United States District Court for the Eastern 20 District of Texas, Sherman Division; and 21 22 PROVIDED FURTHER, that this obligation shall be continuous in nature and 23 successive recoveries may be had hereon for successive breaches. 24 00 61 19 - 3 MAINTENANCE BOND Page 3 of 6 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1 2 3 00 61 19 - 4 MAINTENANCE BOND Page 4 of 6 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and 1 SEALED this instrument by duly authorized agents and officers on this the 2 day of , 20 __. 3 4 PRINCIPAL: 5 6 _________________________________7 ___ 8 9 _________________________________10 ___ 11 12 BY: 13 ________________________________ 14 Signature 15 ATTEST: 16 17 ______________________________ 18 _________________________________19 ___ 20 (Principal) Secretary Name and Title 21 22 Address: 23 ____________________________ 24 25 ____________________________ 26 27 ____________________________ 28 _____________________________ 29 00 61 19 - 5 MAINTENANCE BOND Page 5 of 6 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 Witness as to Principal 1 SURETY: 2 3 _________________________________4 ___ 5 6 _________________________________7 ___ 8 9 BY: 10 ________________________________ 11 Signature 12 13 14 _________________________________15 ___ 16 ATTEST: Name and Title 17 18 _____________________________ Address: 19 ____________________________ 20 (Surety) Secretary 21 ____________________________ 22 23 ____________________________ 24 _____________________________ 25 Witness as to Surety Telephone Number: 26 ___________________ 27 28 *Note: If signed by an officer of the Surety Company, there must be on file a certified 29 extract from the by-laws showing that this person has authority to sign such 30 00 61 19 - 6 MAINTENANCE BOND Page 6 of 6 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 obligation. If Surety’s physical address is different from its mailing address, 1 both must be provided. The date of the bond shall not be prior to the date the 2 Contract is awarded. 3 4 00 61 25 - 1 CERTIFICATE OF INSURANCE Page 1 of 1 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 61 25 1 CERTIFICATE OF INSURANCE 2 3 4 5 [Assembler: For Contract Document execution, remove this page and replace with standard 6 ACORD Certificate of Insurance form.] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION 24 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 6 Article 2 – Preliminary Matters ......................................................................................................................... 7 2.01 Copies of Documents .................................................................................................................... 7 2.02 Commencement of Contract Time; Notice to Proceed ................................................................ 7 2.03 Starting the Work .......................................................................................................................... 7 2.04 Before Starting Construction ........................................................................................................ 7 2.05 Preconstruction Conference.......................................................................................................... 8 2.06 Public Meeting .............................................................................................................................. 8 2.07 Initial Acceptance of Schedules.................................................................................................... 8 2.08 Electronic Submittals.................................................................................................................... 8 Article 3 – Contract Documents: Intent, Amending, Reuse ............................................................................ 8 3.01 Intent.............................................................................................................................................. 8 3.02 Reference Standards...................................................................................................................... 9 3.03 Reporting and Resolving Discrepancies....................................................................................... 9 3.04 Amending and Supplementing Contract Documents................................................................. 10 3.05 Reuse of Documents ................................................................................................................... 10 3.06 Electronic Data............................................................................................................................ 11 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points........................................................................................................... 11 4.01 Availability of Lands .................................................................................................................. 11 4.02 Subsurface and Physical Conditions .......................................................................................... 12 4.03 Differing Subsurface or Physical Conditions ............................................................................. 12 4.04 Underground Facilities ............................................................................................................... 13 4.05 Hazardous Environmental Condition at Site .............................................................................. 14 Article 5 – Bonds and Insurance ..................................................................................................................... 15 5.01 Licensed Sureties and Insurers ................................................................................................... 15 5.02 Performance, Payment, and Maintenance Bonds....................................................................... 15 5.03 Certificates of Insurance ............................................................................................................. 16 5.04 Contractor’s Insurance ................................................................................................................ 18 5.05 Acceptance of Bonds and Insurance; Option to Replace........................................................... 19 Article 6 – Contractor’s Responsibilities ........................................................................................................ 19 6.01 Supervision and Superintendence............................................................................................... 19 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 6.02 Labor; Working Hours ................................................................................................................ 19 6.03 Services, Materials, and Equipment ........................................................................................... 20 6.04 Project Schedule.......................................................................................................................... 20 6.05 Substitutes and “Or-Equals” ....................................................................................................... 21 6.06 Concerning Subcontractors, Suppliers, and Others.................................................................... 23 6.07 Wage Rates.................................................................................................................................. 24 6.08 Patent Fees and Royalties ........................................................................................................... 25 6.09 Permits and Utilities.................................................................................................................... 26 6.10 Laws and Regulations ................................................................................................................. 26 6.11 Taxes ........................................................................................................................................... 27 6.12 Use of Site and Other Areas ....................................................................................................... 27 6.13 Record Documents...................................................................................................................... 28 6.14 Safety and Protection .................................................................................................................. 29 6.15 Safety Representative.................................................................................................................. 29 6.16 Hazard Communication Programs ............................................................................................. 30 6.17 Emergencies and/or Rectification............................................................................................... 30 6.18 Submittals.................................................................................................................................... 30 6.19 Continuing the Work................................................................................................................... 31 6.20 Contractor’s General Warranty and Guarantee .......................................................................... 32 6.21 Indemnification ......................................................................................................................... 32 6.22 Delegation of Professional Design Services .............................................................................. 33 6.23 Right to Audit.............................................................................................................................. 34 6.24 Nondiscrimination....................................................................................................................... 34 Article 7 – Other Work at the Site................................................................................................................... 34 7.01 Related Work at Site ................................................................................................................... 34 7.02 Coordination................................................................................................................................ 35 Article 8 – City’s Responsibilities................................................................................................................... 35 8.01 Communications to Contractor................................................................................................... 35 8.02 Furnish Data ................................................................................................................................ 35 8.03 Pay When Due ............................................................................................................................ 35 8.04 Lands and Easements; Reports and Tests................................................................................... 36 8.05 Change Orders............................................................................................................................. 36 8.06 Inspections, Tests, and Approvals .............................................................................................. 36 8.07 Limitations on City’s Responsibilities ....................................................................................... 36 8.08 Undisclosed Hazardous Environmental Condition .................................................................... 36 8.09 Compliance with Safety Program............................................................................................... 36 Article 9 – City’s Observation Status During Construction ........................................................................... 36 9.01 City’s Project Manager ……...................................................................................................... 36 9.02 Visits to Site ................................................................................................................................ 37 9.03 Authorized Variations in Work .................................................................................................. 37 9.04 Rejecting Defective Work .......................................................................................................... 37 9.05 Determinations for Work Performed .......................................................................................... 37 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 Article 10 – Changes in the Work; Claims; Extra Work ................................................................................ 38 10.01 Authorized Changes in the Work ............................................................................................... 38 10.02 Unauthorized Changes in the Work ........................................................................................... 38 10.03 Execution of Change Orders....................................................................................................... 38 10.04 Extra Work .................................................................................................................................. 38 10.05 Notification to Surety.................................................................................................................. 39 10.06 Contract Claims Process ............................................................................................................. 39 Article 11 – Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement...................... 40 11.01 Cost of the Work ......................................................................................................................... 40 11.02 Allowances .................................................................................................................................. 43 11.03 Unit Price Work .......................................................................................................................... 43 11.04 Plans Quantity Measurement ...................................................................................................... 45 Article 12 – Change of Contract Price; Change of Contract Time................................................................. 45 12.01 Change of Contract Price ............................................................................................................ 45 12.02 Change of Contract Time............................................................................................................ 46 12.03 Delays .......................................................................................................................................... 47 Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 47 13.01 Notice of Defects ........................................................................................................................ 47 13.02 Access to Work ........................................................................................................................... 47 13.03 Tests and Inspections .................................................................................................................. 47 13.04 Uncovering Work........................................................................................................................ 49 13.05 City May Stop the Work ............................................................................................................. 49 13.06 Correction or Removal of Defective Work ................................................................................ 49 13.07 Correction Period ........................................................................................................................ 50 13.08 Acceptance of Defective Work................................................................................................... 51 13.09 City May Correct Defective Work ............................................................................................. 51 Article 14 – Payments to Contractor and Completion .................................................................................... 52 14.01 Schedule of Values...................................................................................................................... 52 14.02 Progress Payments ...................................................................................................................... 52 14.03 Contractor’s Warranty of Title ................................................................................................... 54 14.04 Partial Utilization ........................................................................................................................ 54 14.05 Final Inspection ........................................................................................................................... 55 14.06 Final Acceptance......................................................................................................................... 55 14.07 Final Payment.............................................................................................................................. 55 14.08 Final Completion Delayed and Partial Retainage Release ........................................................ 56 14.09 Waiver of Claims ........................................................................................................................ 56 Article 15 – Suspension of Work and Termination ........................................................................................ 57 15.01 City May Suspend Work............................................................................................................. 57 15.02 City May Terminate for Cause ................................................................................................... 57 15.03 City May Terminate For Convenience ....................................................................................... 59 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 Article 16 – Dispute Resolution ...................................................................................................................... 61 16.01 Methods and Procedures ............................................................................................................. 61 Article 17 – Miscellaneous .............................................................................................................................. 62 17.01 Giving Notice .............................................................................................................................. 62 17.02 Computation of Times ................................................................................................................ 62 17.03 Cumulative Remedies ................................................................................................................. 62 17.04 Survival of Obligations ............................................................................................................... 63 17.05 Headings...................................................................................................................................... 63 00 72 00 - 1 GENERAL CONDITIONS Page 1 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award – Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. 00 72 00 - 1 GENERAL CONDITIONS Page 2 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 12. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 13. City— The City of Denton is a Texas home-rule municipal corporation acting by its City Council through its City Manager or his designee. 14. City Attorney – The officially appointed City Attorney of the City of Denton, Texas, or his duly authorized representative. 15. City Council - The duly elected and qualified governing body of the City of Denton, Texas. 16. City Manager – The officially appointed and authorized City Manager of the City of Denton, Texas, or his duly authorized representative. 17. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 18. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 19. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 20. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 21. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 22. Contractor—The individual or entity with whom City has entered into the Agreement. 23. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. 00 72 00 - 1 GENERAL CONDITIONS Page 3 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 24. Damage Claims – A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 25. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 26. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 27. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 28. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 29. Extra Work – Additional work made necessary by changes or alterations of the Contract Documents or quantities; or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 30. Field Order — A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. 31. Final Acceptance – The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 32. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 33. General Requirements—Sections of Division 1 of the Contract Documents. 34. Hazardous Environmental Condition — The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 35. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 36. Incidental – Work items that the Contractor is not paid for directly, but costs for which are included under the various bid items of the Project. 00 72 00 - 1 GENERAL CONDITIONS Page 4 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 37. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 38. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 39. Major Item – An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 40. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 41. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 42. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 43. PCBs—Polychlorinated biphenyls. 44. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 45. Plans – See definition of Drawings. 46. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 47. Project—The Work to be performed under the Contract Documents. 48. Project Manager —The authorized representative of the City who will be assigned to the Project. 49. Project Manual – The documentary information prepared for bidding and furnishing the Work. A listing of the contents of the Project Manual is contained in its Table of Contents. 50. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 00 72 00 - 1 GENERAL CONDITIONS Page 5 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 51. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 52. Regular Working Hours – Excluding legal holidays, regular working hours shall be Monday thru Friday between 6:00 a.m. and 8:30 p.m. from June 1 to September 30 and between 7:00 a.m. and 8:30 p.m. from October 1 to May 31. 53. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 54. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 55. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 56. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 57. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 58. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 59. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 60. Subsidiary – See definition of Incidental. 61. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 62. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 00 72 00 - 1 GENERAL CONDITIONS Page 6 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 63. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 64. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 65. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 66. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 67. Weekend Working Hours – Hours between 8:00 a.m. and 8:30 p.m., Saturday, and between 1:00 p.m. and 8:30 p.m. Sunday or legal holiday, as approved in advance by the City. 68. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 69. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 8 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). 00 72 00 - 1 GENERAL CONDITIONS Page 7 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 C. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. D. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and three (3) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 00 72 00 - 1 GENERAL CONDITIONS Page 8 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. 2.08 Electronic Submittals A. Except as otherwise stated elsewhere in the Contract, the City and Contractor may transmit, and shall accept, Project-related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format. B. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be 00 72 00 - 1 GENERAL CONDITIONS Page 9 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 relatively narrative by comparison. Omission of such words and phrases as “the Contractor shall,” “in conformity with,” “as shown,” or “as specified” are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading “Related Sections include but are not necessarily limited to:” and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy 00 72 00 - 1 GENERAL CONDITIONS Page 10 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Drawings shall govern over Specifications, and Supplementary Conditions shall govern over General Conditions and Specifications. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City’s review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City’s written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written 00 72 00 - 1 GENERAL CONDITIONS Page 11 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. 00 72 00 - 1 GENERAL CONDITIONS Page 12 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the 00 72 00 - 1 GENERAL CONDITIONS Page 13 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), 00 72 00 - 1 GENERAL CONDITIONS Page 14 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by 00 72 00 - 1 GENERAL CONDITIONS Page 15 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City’s own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 – BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security 00 72 00 - 1 GENERAL CONDITIONS Page 16 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. The bonds must be dated on, or after, the date of the Contract. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance A. Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as “Additional Insured” on all liability policies. 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 00 72 00 - 1 GENERAL CONDITIONS Page 17 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, or self-funding, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon the scope of the Work, changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by 00 72 00 - 1 GENERAL CONDITIONS Page 18 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 5.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, liability under an insured contract, and explosion/collapse/underground (where those exposures exist). Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 00 72 00 - 1 GENERAL CONDITIONS Page 19 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent Superintendent, who is proficient in English, and who shall not be replaced without written notice to City. If at any time the Superintendent is not satisfactory to the City, Contractor shall, if requested by City, replace the Superintendent with another satisfactory to City. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the 00 72 00 - 1 GENERAL CONDITIONS Page 20 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours, request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours, request must be made by noon of the preceding Wednesday 3. for legal holidays, request must be made by noon seven Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of sufficient quality to complete the Work and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment 00 72 00 - 1 GENERAL CONDITIONS Page 21 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 for the duration of the Contract in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to the City. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it may be submitted as a 00 72 00 - 1 GENERAL CONDITIONS Page 22 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure 00 72 00 - 1 GENERAL CONDITIONS Page 23 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other 00 72 00 - 1 GENERAL CONDITIONS Page 24 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. E. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. F. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Denton to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether 00 72 00 - 1 GENERAL CONDITIONS Page 25 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the 00 72 00 - 1 GENERAL CONDITIONS Page 26 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor’s responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits 5. Texas Department of Licensing and Regulation (TDLR) Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations 00 72 00 - 1 GENERAL CONDITIONS Page 27 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller’s Rulings applicable to Texas Tax Code, Subchapter H. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with all applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas 00 72 00 - 1 GENERAL CONDITIONS Page 28 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed, closed, or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Construction equipment, spoil materials, supplies, forms, buildings, labs, or equipment and supply storage buildings, or any other item that may be transported by flood flows, shall not be stored within existing federal floodways during the course of the Work. 4. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 5. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25% of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work, Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to 00 72 00 - 1 GENERAL CONDITIONS Page 29 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and embedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 72 00 - 1 GENERAL CONDITIONS Page 30 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City resources or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit in accordance with the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data, to demonstrate to City the services, materials, and equipment Contractor proposes to provide, and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 00 72 00 - 1 GENERAL CONDITIONS Page 31 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 00 72 00 - 1 GENERAL CONDITIONS Page 32 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 6.20 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this 00 72 00 - 1 GENERAL CONDITIONS Page 33 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 00 72 00 - 1 GENERAL CONDITIONS Page 34 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 6.23 Right to Audit A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7 – OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the 00 72 00 - 1 GENERAL CONDITIONS Page 35 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 – CITY’S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 00 72 00 - 1 GENERAL CONDITIONS Page 36 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 8.04 Lands and Easements; Reports and Tests City’s duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. 8.07 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City’s responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City’s Project Manager or Duly Authorized Representative City will provide a Project Manager or duly authorized representative during the construction period. The duties and responsibilities and the limitations of authority of City’s Project Manager or duly appointed representative during construction are set forth in the Contract Documents. City’s Project Manager for this Contract is as set forth in the Supplementary Conditions. City will establish a duly authorized representative at the Preconstruction Meeting in accordance with Section 01 31 19. 00 72 00 - 1 GENERAL CONDITIONS Page 37 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 9.02 Visits to Site A. City will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s visits and observations are subject to all the limitations on authority and responsibility set forth in Paragraph 8.07. Particularly, but without limitation, during or as a result of City’s visits or observations of Contractor’s Work, City will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Authorized Variations in Work City’s Project Manager or duly authorized representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City’s Project Manager or duly authorized representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Manager or duly authorized representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 00 72 00 - 1 GENERAL CONDITIONS Page 38 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City’s written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 – CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall proceed with the Work involved only upon receiving written notice from City. Extra Work will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Dispute of Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual 00 72 00 - 1 GENERAL CONDITIONS Page 39 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. 10.06 Contract Claims Process A. City’s Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 00 72 00 - 1 GENERAL CONDITIONS Page 40 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 5. Each Contract Claim shall be accompanied by Contractor’s written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant’s last submittal (unless Contract allows additional time). C. City’s Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City’s sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. D. City’s written action under Paragraph 10.06.C will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. F. If the City fails to take any action pursuant to Paragraph 10.06 (C) the contract Claim is considered to have been denied by the City. ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; 00 72 00 - 1 GENERAL CONDITIONS Page 41 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 a. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. 00 72 00 - 1 GENERAL CONDITIONS Page 42 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. 00 72 00 - 1 GENERAL CONDITIONS Page 43 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by 00 72 00 - 1 GENERAL CONDITIONS Page 44 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 00 72 00 - 1 GENERAL CONDITIONS Page 45 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 11.04 Plans Quantity Measurement for Unclassified Excavation or Embankment A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under “Price and Payment Procedures” varies by more than 25% (or as stipulated under “Price and Payment Procedures” for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents 00 72 00 - 1 GENERAL CONDITIONS Page 46 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 and agreement to a lump sum or unit price is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor’s Fee: The Contractor’s additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the Contractor’s additional fee shall be 15 percent except for: 1) rental fees for Contractor’s own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor’s fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and 11.01.B; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 00 72 00 - 1 GENERAL CONDITIONS Page 47 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any 00 72 00 - 1 GENERAL CONDITIONS Page 48 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 00 72 00 - 1 GENERAL CONDITIONS Page 49 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an extension of the Contract Time directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. 00 72 00 - 1 GENERAL CONDITIONS Page 50 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 00 72 00 - 1 GENERAL CONDITIONS Page 51 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City’s evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 13.09. ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment 00 72 00 - 1 GENERAL CONDITIONS Page 52 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City’s interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City’s processing of any payment requested in an Application for Payment will be based on City’s observations of the executed Work, and on City’s review of the Application for Payment and the accompanying data and schedules, that to the best of City’s knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, 00 72 00 - 1 GENERAL CONDITIONS Page 53 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor’s performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For all contracts, retainage shall be five percent (5%). D. Liquidated Damages: For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. 00 72 00 - 1 GENERAL CONDITIONS Page 54 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Claims have been made against City on account of Contractor’s performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; c. there are other items entitling City to a set-off against the amount recommended; or d. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 00 72 00 - 1 GENERAL CONDITIONS Page 55 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 14.03 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. City will promptly schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. City reserves the right to deny request for Final Inspection if City determines that the entire Work is not sufficiently complete to warrant a Final Inspection. 14.06 Final Acceptance Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. 00 72 00 - 1 GENERAL CONDITIONS Page 56 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City’s acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor’s final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions 00 72 00 - 1 GENERAL CONDITIONS Page 57 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of 00 72 00 - 1 GENERAL CONDITIONS Page 58 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 limitation, may justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04. 2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor’s repeated disregard of the authority of City; or 4. Contractor’s violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor’s failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the 00 72 00 - 1 GENERAL CONDITIONS Page 59 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor’s services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the 00 72 00 - 1 GENERAL CONDITIONS Page 60 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list 00 72 00 - 1 GENERAL CONDITIONS Page 61 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 – DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City’s action under Paragraph 10.06.C or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: 1. elects in writing to invoke any other dispute resolution process provided for in the 00 72 00 - 1 GENERAL CONDITIONS Page 62 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 – MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 3. delivered by electronic means to or from the Project Manager. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 00 72 00 - 1 GENERAL CONDITIONS Page 63 of 63 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project # 190055 Revised September 20, 2018 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 00 73 00 - 1 SUPPLEMENTARY CONDITIONS Page 1 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 73 00 1 SUPPLEMENTARY CONDITIONS 2 TO 3 GENERAL CONDITIONS 4 5 Supplementary Conditions 6 7 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other 8 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 9 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 10 of the General Conditions which are not so modified or supplemented remain in full force and effect. 11 12 Defined Terms 13 14 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 15 meaning assigned to them in the General Conditions, unless specifically noted herein. 16 17 Modifications and Supplements 18 19 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 20 other Contract Documents. 21 22 SC-4.01A 23 24 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 25 Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the 26 Contract Drawings. 27 28 SC-4.01A.1., “Availability of Lands” 29 30 The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of 31 April 2019: 32 33 Outstanding Right-Of-Way, and/or Easements to Be Acquired 34 PARCEL NUMBER OWNER TARGET DATE OF POSSESSION None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 35 and do not bind the City. 36 37 If Contractor considers the final easements provided to differ materially from the representations on the 38 Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 39 notify City in writing associated with the differing easement line locations. 40 41 SC-4.01A.2, “Availability of Lands” 42 43 Utilities or obstructions to be removed, adjusted, and/or relocated 44 45 The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated 46 as of April 2019: 47 00 73 00 - 2 SUPPLEMENTARY CONDITIONS Page 2 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1 EXPECTED OWNER UTILITY AND LOCATION TARGET DATE OF ADJUSTMENT None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 2 and do not bind the City. 3 4 5 SC-5.03A., “Certificates of Insurance” 6 7 The entities listed below are "additional insureds as their interest may appear" including their respective 8 officers, directors, agents and employees. 9 10 (1) City 11 (2) Consultant: Freese and Nichols, Inc. 12 (3) Other: None. 13 14 [Obtain approval for the limits shown for SC 5.04A thru 5.04D. from City before finalizing Contract 15 Documents] 16 SC-5.04A., “Contractor’s Insurance” 17 18 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 19 coverages for not less than the following amounts or greater where required by laws and regulations: 20 21 5.04A. Workers' Compensation, under Paragraph GC-5.04A. 22 23 Statutory limits 24 Employer's liability 25 $100,000 each accident/occurrence 26 $100,000 Disease - each employee 27 $500,000 Disease - policy limit 28 29 SC-5.04B., “Contractor’s Insurance” 30 31 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance 32 under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with 33 minimum limits of: 34 35 $1,000,000 each occurrence 36 $2,000,000 aggregate limit 37 38 The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the 39 General Aggregate Limits apply separately to each job site. 40 41 The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. 42 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 43 44 SC 5.04C., “Contractor’s Insurance” 45 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor’s Liability Insurance under 46 Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: 47 48 00 73 00 - 3 SUPPLEMENTARY CONDITIONS Page 3 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", 1 defined as autos owned, hired and non-owned. 2 3 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 4 least: 5 6 $250,000 Bodily Injury per person / 7 $500,000 Bodily Injury per accident / 8 $100,000 Property Damage 9 10 SC-9.01., “City’s Project Manager” 11 12 The City’s Project Manager for this Contract is Seth Garcia, or his/her successor pursuant to written 13 notification from the City Engineer. 14 15 SC-13.03C., “Tests and Inspections” 16 17 None. 18 19 SC-16.01C.1, “Methods and Procedures” 20 21 None. 22 23 24 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 00 73 73 - 1 FORM 1295 - CERTIFICATE OF INTERESTED PARTIES Page 1 of 1 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 00 73 73 1 FORM 1295 - CERTIFICATE OF INTERESTED PARTIES 2 3 4 5 [Contractor: Replace this page with Form 1295 for this Contract, which can be obtained at 6 www.ethics.state.tx.us] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION 24 01 11 00 1 SUMMARY OF WORK Page 1 of 1 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 01 11 00 1 SUMMARY OF WORK 2 3 Base Bid: 4 The base bid includes all improvements of John Carrell Road (1,266 LF), Skylane (1,796 LF), 5 Spartan Drive (735 LF), and Lockheed Lane (983 LF) of edge mill & overlay and full-depth 6 reconstruction. Lockheed Lane includes HMAC patching. See “Base Bid” sheets for 7 construction plans. 8 9 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 25 00 - 1 SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 01 25 00 1 SUBSTITUTION PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedure for requesting the approval of substitution of a product that is not 6 equivalent to a product which is specified by descriptive or performance criteria or 7 defined by reference to 1 or more of the following: 8 a. Name of manufacturer 9 b. Name of vendor 10 c. Trade name 11 d. Catalog number 12 2. Substitutions are not "or-equals". 13 B. Deviations from this City of Denton Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 – General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered incidental to the various items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Request for Substitution - General 25 1. Within 30 days after award of Contract (unless noted otherwise), the City will 26 consider formal requests from Contractor for substitution of products in place of 27 those specified. 28 2. Certain types of equipment and kinds of material are described in Specifications by 29 means of references to names of manufacturers and vendors, trade names, or 30 catalog numbers. 31 a. When this method of specifying is used, it is not intended to exclude from 32 consideration other products bearing other manufacturer's or vendor's names, 33 trade names, or catalog numbers, provided said products are "or-equals," as 34 determined by City. 35 3. Other types of equipment and kinds of material may be acceptable substitutions 36 under the following conditions: 37 a. Or-equals are unavailable due to strike, discontinued production of products 38 meeting specified requirements, or other factors beyond control of Contractor; 39 or, 40 01 25 00 - 2 SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 b. Contractor proposes a cost and/or time reduction incentive to the City. 1 1.5 SUBMITTALS 2 A. See Request for Substitution Form (attached) 3 B. Procedure for Requesting Substitution 4 1. Substitution shall be considered only: 5 a. After award of Contract 6 b. Under the conditions stated herein 7 2. Submit one PDF copy via email to the Project Manager and their duly appointed 8 representative, including: 9 a. Documentation 10 1) Complete data substantiating compliance of proposed substitution with 11 Contract Documents 12 2) Data relating to changes in construction schedule, when a reduction is 13 proposed 14 3) Data relating to changes in cost 15 b. For products 16 1) Product identification 17 a) Manufacturer's name 18 b) Telephone number and representative contact name 19 c) Specification Section or Drawing reference of originally specified 20 product, including discrete name or tag number assigned to original 21 product in the Contract Documents 22 2) Manufacturer's literature clearly marked to show compliance of proposed 23 product with Contract Documents 24 3) Itemized comparison of original and proposed product addressing product 25 characteristics including, but not necessarily limited to: 26 a) Size 27 b) Composition or materials of construction 28 c) Weight 29 d) Electrical or mechanical requirements 30 4) Product experience 31 a) Location of past projects utilizing product 32 b) Name and telephone number of persons associated with referenced 33 projects knowledgeable concerning proposed product 34 c) Available field data and reports associated with proposed product 35 5) Samples 36 a) Provide at request of City. 37 b) Samples become the property of the City. 38 c. For construction methods: 39 1) Detailed description of proposed method 40 2) Illustration drawings 41 C. Approval or Rejection 42 1. Written approval or rejection of substitution given by the City 43 2. City reserves the right to require proposed product to comply with color and pattern 44 of specified product if necessary to secure design intent. 45 3. In the event the substitution is approved, the resulting cost and/or time reduction 46 will be documented by Change Order in accordance with the General Conditions. 47 01 25 00 - 3 SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 4. No additional contract time will be given for substitution. 1 5. Substitution will be rejected if: 2 a. Submittal is not through the Contractor with his stamp of approval 3 b. Request is not made in accordance with this Specification Section 4 c. In the City’s opinion, acceptance will require substantial revision of the original 5 design 6 d. In the City’s opinion, substitution will not perform adequately the function 7 consistent with the design intent 8 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 9 1.7 CLOSEOUT SUBMITTALS [NOT USED] 10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11 1.9 QUALITY ASSURANCE 12 A. In making request for substitution or in using an approved product, the Contractor 13 represents that the Contractor: 14 1. Has investigated proposed product, and has determined that it is adequate or 15 superior in all respects to that specified, and that it will perform function for which 16 it is intended 17 2. Will provide same guarantee for substitute item as for product specified 18 3. Will coordinate installation of accepted substitution into Work, to include building 19 modifications if necessary, making such changes as may be required for Work to be 20 complete in all respects 21 4. Waives all claims for additional costs related to substitution which subsequently 22 arise 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2 - PRODUCTS [NOT USED] 27 PART 3 - EXECUTION [NOT USED] 28 END OF SECTION 29 30 Revision Log DATE NAME SUMMARY OF CHANGE 31 01 25 00 - 4 SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 EXHIBIT A 1 REQUEST FOR SUBSTITUTION FORM: 2 3 TO: 4 PROJECT: DATE: 5 We hereby submit for your consideration the following product instead of the specified item for 6 the above project: 7 SECTION PARAGRAPH SPECIFIED ITEM 8 9 10 Proposed Substitution: 11 Reason for Substitution: 12 Include complete information on changes to Drawings and/or Specifications which proposed 13 substitution will require for its proper installation. 14 15 Fill in Blanks Below: 16 A. Will the undersigned contractor pay for changes to the building design, including engineering 17 and detailing costs caused by the requested substitution? 18 19 20 B. What effect does substitution have on other trades? 21 22 23 C. Differences between proposed substitution and specified item? 24 25 26 D. Differences in product cost or product delivery time? 27 28 29 E. Manufacturer's guarantees of the proposed and specified items are: 30 31 Equal Better (explain on attachment) 32 The undersigned states that the function, appearance and quality are equivalent or superior to the 33 specified item. 34 Submitted By: For Use by City 35 36 Signature Recommended Recommended 37 as noted 38 39 Firm Not recommended Received late 40 Address By 41 Date 42 Date Remarks 43 Telephone 44 45 For Use by City: 46 47 Approved Rejected 48 City Date 49 01 31 19 - 1 PRECONSTRUCTION MEETING Page 1 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 01 31 19 1 PRECONSTRUCTION MEETING 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 6 clarify construction contract administration procedures 7 B. Deviations from this City of Denton Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 – General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered incidental to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Coordination 19 1. Attend preconstruction meeting. 20 2. Representatives of Contractor, subcontractors and suppliers attending meetings 21 shall be qualified and authorized to act on behalf of the entity each represents. 22 3. Meeting administered by City may be tape recorded. 23 a. If recorded, tapes will be used to prepare minutes and retained by City for 24 future reference. 25 4. Project Manager will establish their duly authorized representative(s) authorized to 26 make decisions as identified in the Contract Documents. 27 B. Preconstruction Meeting 28 1. A preconstruction meeting will be held within 14 days after the execution of the 29 Agreement and before Work is started. 30 a. The meeting will be scheduled and administered by the City. 31 2. The Project Manager will preside at the meeting, prepare the notes of the meeting 32 and distribute copies of same to all participants who so request by fully completing 33 the attendance form to be circulated at the beginning of the meeting. 34 3. Attendance shall include: 35 a. Project Manager 36 b. Project Manager’s duly authorized representative (if any) 37 c. Contractor's project manager 38 d. Contractor's superintendent 39 01 31 19 - 2 PRECONSTRUCTION MEETING Page 2 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 e. Any subcontractor or supplier representatives whom the Contractor may desire 1 to invite or the City may request 2 f. Other City representatives 3 g. Others as appropriate 4 4. Construction Schedule 5 a. Prepare baseline construction schedule in accordance with Section 01 32 16 and 6 provide at Preconstruction Meeting. 7 b. City will notify Contractor of any schedule changes upon Notice of 8 Preconstruction Meeting. 9 5. Preliminary Agenda may include: 10 a. Introduction of Project Personnel 11 b. General Description of Project 12 c. Status of right-of-way, utility clearances, easements or other pertinent permits 13 d. Contractor’s work plan and schedule 14 e. Contract Time 15 f. Notice to Proceed 16 g. Construction Staking 17 h. Progress Payments 18 i. Extra Work and Change Order Procedures 19 j. Field Orders 20 k. Disposal Site Letter for Waste Material 21 l. Insurance Renewals 22 m. Payroll Certification 23 n. Material Certifications and Quality Control Testing 24 o. Public Safety and Convenience 25 p. Documentation of Pre-Construction Conditions 26 q. Weekend Work Notification 27 r. Legal Holidays 28 s. Trench Safety Plans 29 t. Confined Space Entry Standards 30 u. Coordination with the City’s representative for operations of existing water 31 systems 32 v. Storm Water Pollution Prevention Plan 33 w. Coordination with other Contractors 34 x. Early Warning System 35 y. Contractor Evaluation 36 z. Special Conditions applicable to the project 37 aa. Damages Claims 38 bb. Submittal Procedures 39 cc. Substitution Procedures 40 dd. Correspondence Routing 41 ee. Record Drawings 42 ff. Temporary construction facilities 43 gg. Final Acceptance 44 hh. Final Payment 45 ii. Communications Plan 46 jj. Questions or Comments 47 01 31 19 - 3 PRECONSTRUCTION MEETING Page 3 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 31 20 - 1 PROJECT MEETINGS Page 1 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 01 31 20 1 PROJECT MEETINGS 2 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for project meetings throughout the construction period to enable orderly 7 review of the progress of the Work and to provide for systematic discussion of 8 potential problems 9 B. Deviations this City of Denton Standard Specification 10 1. None. 11 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 – General Requirements 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered incidental to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Coordination 21 1. Schedule, attend and administer as specified, periodic progress meetings, and 22 specially called meetings throughout progress of the Work. 23 2. Representatives of Contractor, subcontractors and suppliers attending meetings 24 shall be qualified and authorized to act on behalf of the entity each represents. 25 3. Meetings administered by City may be recorded. 26 4. Meetings, in addition to those specified in this Section, may be held when requested 27 by the City, Engineer or Contractor. 28 B. Progress Meetings 29 1. Formal project coordination meetings will be held monthly. Meetings will be 30 scheduled and administered by Project Manager. 31 a. Additional meetings may be held at the request of the : 32 1) City 33 2) Engineer 34 3) Contractor 35 2. Additional progress meetings to discuss specific topics will be conducted on an as-36 needed basis. Such additional meetings shall include, but not be limited to: 37 a. Coordinating shutdowns 38 b. Installation of piping and equipment 39 01 31 20 - 2 PROJECT MEETINGS Page 2 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 c. Coordination between other construction projects 1 d. Resolution of construction issues 2 e. Equipment approval 3 3. The Project Manager will preside at progress meetings, prepare the notes of the 4 meeting and distribute copies of the same to all participants who so request by fully 5 completing the attendance form to be circulated at the beginning of each meeting. 6 4. Attendance shall include: 7 a. Contractor's project manager 8 b. Contractor's superintendent 9 c. Any subcontractor or supplier representatives whom the Contractor may desire 10 to invite or the City may request 11 d. Engineer's representatives 12 e. City’s representatives 13 f. Others, as requested by the Project Manager 14 5. Preliminary Agenda may include: 15 a. Review of Work progress since previous meeting 16 b. Field observations, problems, conflicts 17 c. Items which impede construction schedule 18 d. Review of off-site fabrication, delivery schedules 19 e. Review of construction interfacing and sequencing requirements with other 20 construction contracts 21 f. Corrective measures and procedures to regain projected schedule 22 g. Revisions to construction schedule 23 h. Progress, schedule, during succeeding Work period 24 i. Coordination of schedules 25 j. Review submittal schedules 26 k. Maintenance of quality standards 27 l. Pending changes and substitutions 28 m. Review proposed changes for: 29 1) Effect on construction schedule and on completion date 30 2) Effect on other contracts of the Project 31 n. Review Record Documents 32 o. Review monthly pay request 33 p. Review status of Requests for Information 34 6. Meeting Location 35 a. The City will establish a meeting location. 36 1) To the extent practicable, meetings will be held at the Site. 37 01 31 20 - 3 PROJECT MEETINGS Page 3 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 32 16 - 1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 01 32 16 1 CONSTRUCTION PROGRESS SCHEDULE 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. General requirements for the preparation, submittal, updating, status reporting and 6 management of the Construction Progress Schedule 7 B. Deviations from this City of Denton Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 – General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered incidental to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES 17 A. Definitions 18 1. Baseline Schedule - Initial schedule submitted before work begins that will serve 19 as the baseline for measuring progress and departures from the schedule. 20 2. Progress Schedule - Monthly submittal of a progress schedule documenting 21 progress on the project and any changes anticipated. 22 3. Schedule Narrative - Concise narrative of the schedule including schedule 23 changes, expected delays, key schedule issues, critical path items, etc 24 B. Reference Standards 25 1. None 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Baseline Schedule 28 1. General 29 a. Prepare a baseline Schedule using approved software and the Critical Path 30 Method (CPM). 31 b. Review the draft baseline Schedule with the City to demonstrate understanding 32 of the work to be performed and known issues and constraints related to the 33 schedule. 34 c. Designate an authorized representative (Project Scheduler) responsible for 35 developing and updating the schedule and preparing reports. 36 B. Progress Schedule 37 1. Update the progress Schedule monthly. 38 01 32 16 - 2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 1 3. Change Orders 2 a. Incorporate approved change orders, resulting in a change of contract time, in 3 the baseline Schedule. 4 C. Responsibility for Schedule Compliance 5 1. Whenever it becomes apparent from the current progress Schedule and CPM Status 6 Report that delays to the critical path have resulted and the Contract completion 7 date will not be met, or when so directed by the City, make some or all of the 8 following actions at no additional cost to the City 9 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 10 outlining: 11 1) A written statement of the steps intended to take to remove or arrest the 12 delay to the critical path in the approved schedule 13 2) Increase construction manpower in such quantities and crafts as will 14 substantially eliminate the backlog of work and return current Schedule to 15 meet projected baseline completion dates 16 3) Increase the number of working hours per shift, shifts per day, working 17 days per week, the amount of construction equipment, or any combination 18 of the foregoing, sufficiently to substantially eliminate the backlog of work 19 4) Reschedule activities to achieve maximum practical concurrency of 20 accomplishment of activities, and comply with the revised schedule 21 2. If no written statement of the steps intended to take is submitted when so requested 22 by the City, the City may direct the Contractor to increase the level of effort in 23 manpower (trades), equipment and work schedule (overtime, weekend and holiday 24 work, etc.) to be employed by the Contractor in order to remove or arrest the delay 25 to the critical path in the approved schedule. 26 a. No additional cost for such work will be considered. 27 D. The Contract completion time will be adjusted only for causes specified in this 28 Contract. 29 a. Requests for an extension of any Contract completion date must be 30 supplemented with the following: 31 1) Furnish justification and supporting evidence as the City may deem 32 necessary to determine whether the requested extension of time is entitled 33 under the provisions of this Contract. 34 a) The City will, after receipt of such justification and supporting 35 evidence, make findings of fact and will advise the Contractor, in 36 writing thereof. 37 2) If the City finds that the requested extension of time is entitled, the City's 38 determination as to the total number of days allowed for the extensions 39 shall be based upon the approved total baseline schedule and on all data 40 relevant to the extension. 41 a) Such data shall be included in the next updating of the Progress 42 schedule. 43 b) Actual delays in activities which, according to the Baseline schedule, 44 do not affect any Contract completion date shown by the critical path in 45 the network will not be the basis for a change therein. 46 2. Submit each request for change in Contract completion date to the City within 30 47 days after the beginning of the delay for which a time extension is requested but 48 before the date of final payment under this Contract. 49 01 32 16 - 3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 a. No time extension will be granted for requests which are not submitted within 1 the foregoing time limit. 2 b. From time to time, it may be necessary for the Contract schedule or completion 3 time to be adjusted by the City to reflect the effects of job conditions, weather, 4 technical difficulties, strikes, unavoidable delays on the part of the City or its 5 representatives, and other unforeseeable conditions which may indicate 6 schedule adjustments or completion time extensions. 7 1) Under such conditions, the City will direct the Contractor to reschedule the 8 work or Contract completion time to reflect the changed conditions and the 9 Contractor shall revise his schedule accordingly. 10 a) No additional compensation will be made to the Contractor for such 11 schedule changes except for unavoidable overall contract time 12 extensions beyond the actual completion of unaffected work, in which 13 case the Contractor shall take all possible action to minimize any time 14 extension and any additional cost to the City. 15 b) Available float time in the Baseline schedule may be used by the City 16 as well as by the Contractor. 17 3. Float or slack time is defined as the amount of time between the earliest start date 18 and the latest start date or between the earliest finish date and the latest finish date 19 of a chain of activities on the Baseline Schedule. 20 a. Float or slack time is not for the exclusive use or benefit of either the 21 Contractor or the City. 22 b. Proceed with work according to early start dates, and the City shall have the 23 right to reserve and apportion float time according to the needs of the project. 24 c. Acknowledge and agree that actual delays, affecting paths of activities 25 containing float time, will not have any effect upon contract completion times, 26 providing that the actual delay does not exceed the float time associated with 27 those activities. 28 E. Coordinating Schedule with Other Contract Schedules 29 1. Where work is to be performed under this Contract concurrently with or contingent 30 upon work performed on the same facilities or area under other contracts, the 31 Baseline Schedule shall be coordinated with the schedules of the other contracts. 32 a. Obtain the schedules of the other appropriate contracts from the City for the 33 preparation and updating of Baseline schedule and make the required changes 34 in his schedule when indicated by changes in corresponding schedules. 35 2. In case of interference between the operations of different contractors, the City will 36 determine the work priority of each contractor and the sequence of work necessary 37 to expedite the completion of the entire Project. 38 a. In such cases, the decision of the City shall be accepted as final. 39 b. The temporary delay of any work due to such circumstances shall not be 40 considered as justification for claims for additional compensation. 41 1.5 SUBMITTALS 42 A. Baseline Schedule 43 1. Submit Schedule in native file format and pdf format. 44 a. Native file format shall be: 45 1) Microsoft Project 46 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and 47 bring in hard copy to the meeting for review and discussion. 48 01 32 16 - 4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 B. Progress Schedule 1 1. Submit progress Schedule in native file format and pdf format. 2 2. Submit progress Schedule monthly no later than the 25th day of the month. 3 C. Schedule Narrative 4 1. Submit the schedule narrative in pdf format. 5 2. Submit schedule narrative monthly no later than the 25th day of the month. 6 D. Submittal Process 7 1. 8 2. Contractor shall submit one (1) hard copy of documents to the Project Manager’s 9 duly appointed representative. 10 3. Contractor shall submit documents via email to the Project Manager and their duly 11 appointed representative. 12 4. Once the project has been completed and Final Acceptance has been issued by the 13 City, no further progress schedules are required. 14 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 15 1.7 CLOSEOUT SUBMITTALS [NOT USED] 16 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 17 1.9 QUALITY ASSURANCE 18 A. The person preparing and revising the construction Progress Schedule shall be 19 experienced in the preparation of schedules of similar complexity. 20 B. Schedule and supporting documents addressed in this Specification shall be prepared, 21 updated and revised to accurately reflect the performance of the construction. 22 C. Contractor is responsible for the quality of all submittals in this section meeting the 23 standard of care for the construction industry for similar projects. 24 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 25 1.11 FIELD [SITE] CONDITIONS [NOT USED] 26 1.12 WARRANTY [NOT USED] 27 PART 2 - PRODUCTS [NOT USED] 28 PART 3 - EXECUTION [NOT USED] 29 END OF SECTION 30 Revision Log DATE NAME SUMMARY OF CHANGE 31 01 32 33 - 1 PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 01 32 33 1 PRECONSTRUCTION VIDEO 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Administrative and procedural requirements for: 6 a. Preconstruction Videos 7 B. Deviations from this City of Denton Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 – General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered incidental to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Preconstruction Video 19 1. Produce a preconstruction video of the site/alignment, including all areas in the 20 vicinity of and to be affected by construction. 21 a. Provide digital copy of video upon request by the City. 22 2. Retain a copy of the preconstruction video until the end of the maintenance surety 23 period. 24 1.5 SUBMITTALS [NOT USED] 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE [NOT USED] 29 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 30 1.11 FIELD [SITE] CONDITIONS [NOT USED] 31 1.12 WARRANTY [NOT USED] 32 PART 2 - PRODUCTS [NOT USED] 33 01 32 33 - 2 PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 PART 3 - EXECUTION [NOT USED] 1 END OF SECTION 2 3 Revision Log DATE NAME SUMMARY OF CHANGE 4 01 33 00 - 1 SUBMITTALS Page 1 of 11 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 01 33 00 1 SUBMITTALS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. General methods and requirements of submissions applicable to the following 6 Work-related submittals: 7 a. Shop Drawings 8 b. Product Data (including Project Material Submittal Checklist submittals) 9 c. Samples 10 d. Mock Ups 11 B. Deviations from this City of Denton Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 – General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered incidental to the various items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS 22 A. Coordination 23 1. Notify the City in writing, at the time of submittal, of any deviations in the 24 submittals from the requirements of the Contract Documents. 25 2. Coordination of Submittal Times 26 01 33 00 - 2 SUBMITTALS Page 2 of 11 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 1 performing the related Work or other applicable activities, or within the time 2 specified in the individual Work Sections, of the Specifications. 3 b. Contractor is responsible such that the installation will not be delayed by 4 processing times including, but not limited to: 5 a) Disapproval and resubmittal (if required) 6 b) Coordination with other submittals 7 c) Testing 8 d) Purchasing 9 e) Fabrication 10 f) Delivery 11 g) Similar sequenced activities 12 c. No extension of time will be authorized because of the Contractor's failure to 13 transmit submittals sufficiently in advance of the Work. 14 d. Make submittals promptly in accordance with approved schedule, and in such 15 sequence as to cause no delay in the Work or in the work of any other 16 contractor. 17 B. Submittal Numbering 18 1. When submitting shop drawings or samples, utilize a submittal cross-reference 19 identification numbering system in the following manner: 20 a. Use the applicable Specification Section Number. 21 b. For the next 2 digits number use numbers 01-99 to sequentially number each 22 initial separate item or drawing submitted under each specific Section number. 23 c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. 24 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 25 submittal number would be as follows: 26 27 303-02-B 28 29 1) 303 is the Specification Section for Portland Cement Concrete Pavement 30 2) 02 is the second initial submittal under this Specification Section 31 01 33 00 - 3 SUBMITTALS Page 3 of 11 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 3) B is the third submission (second resubmission) of that particular shop 1 drawing 2 C. Contractor Certification 3 1. Review shop drawings, product data and samples, including those by 4 subcontractors, prior to submission to determine and verify the following: 5 a. Field measurements 6 b. Field construction criteria 7 c. Catalog numbers and similar data 8 d. Conformance with the Contract Documents 9 2. Provide each shop drawing, sample and product data submitted by the Contractor 10 with a Certification Statement affixed including: 11 a. The Contractor's Company name 12 b. Signature of submittal reviewer 13 c. Certification Statement 14 1) “By this submittal, I hereby represent that I have determined and verified 15 field measurements, field construction criteria, materials, dimensions, 16 catalog numbers and similar data and I have checked and coordinated each 17 item with other applicable approved shop drawings." 18 D. Submittal Format 19 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 20 2. Bind shop drawings and product data sheets together. 21 3. Order 22 a. Cover Sheet 23 1) Description of Packet 24 2) Contractor Certification 25 b. List of items / Table of Contents 26 c. Product Data /Shop Drawings/Samples /Calculations 27 E. Submittal Content 28 1. The date of submission and the dates of any previous submissions 29 01 33 00 - 4 SUBMITTALS Page 4 of 11 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 2. The Project title and number 1 3. Contractor identification 2 4. The names of: 3 a. Contractor 4 b. Supplier 5 c. Manufacturer 6 5. Identification of the product, with the Specification Section number, page and 7 paragraph(s) 8 6. Field dimensions, clearly identified as such 9 7. Relation to adjacent or critical features of the Work or materials 10 8. Applicable standards, such as ASTM or Federal Specification numbers 11 9. Identification by highlighting of deviations from Contract Documents 12 10. Identification by highlighting of revisions on resubmittals 13 11. An 8-inch x 3-inch blank space for Contractor and City stamps 14 F. Shop Drawings 15 1. As specified in individual Work Sections includes, but is not necessarily limited to: 16 a. Custom-prepared data such as fabrication and erection/installation (working) 17 drawings 18 b. Scheduled information 19 c. Setting diagrams 20 d. Actual shopwork manufacturing instructions 21 e. Custom templates 22 f. Special wiring diagrams 23 g. Coordination drawings 24 h. Individual system or equipment inspection and test reports including: 25 1) Performance curves and certifications 26 i. As applicable to the Work 27 01 33 00 - 5 SUBMITTALS Page 5 of 11 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 2. Details 1 a. Relation of the various parts to the main members and lines of the structure 2 b. Where correct fabrication of the Work depends upon field measurements 3 1) Provide such measurements and note on the drawings prior to submitting 4 for approval. 5 G. Product Data 6 1. For submittals of product data for products included on the City’s Product Material 7 Submittal Checklist, highlight each item selected for use on the Project. 8 2. For submittals of product data for products not included on the City’s Product 9 Material Submittal Checklist, submittal data may include, but is not necessarily 10 limited to: 11 a. Standard prepared data for manufactured products (sometimes referred to as 12 catalog data) 13 1) Such as the manufacturer's product specification and installation 14 instructions 15 2) Availability of colors and patterns 16 3) Manufacturer's printed statements of compliances and applicability 17 4) Roughing-in diagrams and templates 18 5) Catalog cuts 19 6) Product photographs 20 7) Standard wiring diagrams 21 8) Printed performance curves and operational-range diagrams 22 9) Production or quality control inspection and test reports and certifications 23 10) Mill reports 24 11) Product operating and maintenance instructions and recommended 25 spare-parts listing and printed product warranties 26 12) As applicable to the Work 27 3. Submittals of product data for products not included on the City’s Product Material 28 Submittal Checklist may be considered a Substitution in accordance with Section 29 01 25 00. 30 01 33 00 - 6 SUBMITTALS Page 6 of 11 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 4. All deviations from City’s Product Material Submittal Checklist shall require 1 approval by the Engineer of Record for the Project. 2 H. Samples 3 1. As specified in individual Sections, include, but are not necessarily limited to: 4 a. Physical examples of the Work such as: 5 1) Sections of manufactured or fabricated Work 6 2) Small cuts or containers of materials 7 3) Complete units of repetitively used products color/texture/pattern swatches 8 and range sets 9 4) Specimens for coordination of visual effect 10 5) Graphic symbols and units of Work to be used by the City for independent 11 inspection and testing, as applicable to the Work 12 I. Do not start Work requiring a shop drawing, sample or product data nor any material to 13 be fabricated or installed prior to the approval or qualified approval of such item. 14 1. Fabrication performed, materials purchased or on-site construction accomplished 15 which does not conform to approved shop drawings and data is at the Contractor's 16 risk. 17 2. The City will not be liable for any expense or delay due to corrections or remedies 18 required to accomplish conformity. 19 3. Complete project Work, materials, fabrication, and installations in conformance 20 with approved shop drawings, applicable samples, and product data. 21 J. Submittal Distribution 22 1. Electronic Distribution 23 a. Provide all submittals in electronic form via email to Project Manager and their 24 duly appointed representative. 25 b. Shop Drawings 26 1) Email submittal to Project Manager and their duly appointed representative. 27 2) Hard Copies 28 a) Not required 29 c. Product Data 30 01 33 00 - 7 SUBMITTALS Page 7 of 11 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1) Email submittal to Project Manager and their duly appointed representative. 1 2) Hard Copies 2 a) Not required 3 d. Samples 4 1) Distributed to the Project Manager 5 K. Submittal Review 6 1. The review of shop drawings, data and samples will be for general conformance 7 with the design concept and Contract Documents. This is not to be construed as: 8 a. Permitting any departure from the Contract requirements 9 b. Relieving the Contractor of responsibility for any errors, including details, 10 dimensions, and materials 11 c. Approving departures from details furnished by the City, except as otherwise 12 provided herein 13 2. The review and approval of shop drawings, samples or product data by the City 14 does not relieve the Contractor from his/her responsibility with regard to the 15 fulfillment of the terms of the Contract. 16 a. All risks of error and omission are assumed by the Contractor, and the City will 17 have no responsibility therefore. 18 3. The Contractor remains responsible for details and accuracy, for coordinating the 19 Work with all other associated work and trades, for selecting fabrication processes, 20 for techniques of assembly and for performing Work in a safe manner. 21 4. If the shop drawings, data or samples as submitted describe variations and show a 22 departure from the Contract requirements which City finds to be in the interest of 23 the City and to be so minor as not to involve a change in Contract Price or time for 24 performance, the City may return the reviewed drawings without noting an 25 exception. 26 5. Submittals will be returned to the Contractor under 1 of the following codes: 27 a. Code 1 28 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 29 comments on the submittal. 30 a) When returned under this code the Contractor may release the 31 equipment and/or material for manufacture. 32 01 33 00 - 8 SUBMITTALS Page 8 of 11 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 b. Code 2 1 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 2 the notations and comments IS NOT required by the Contractor. 3 a) The Contractor may release the equipment or material for manufacture; 4 however, all notations and comments must be incorporated into the 5 final product. 6 c. Code 3 7 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 8 assigned when notations and comments are extensive enough to require a 9 resubmittal of the package. 10 a) This resubmittal is to address all comments, omissions and 11 non-conforming items that were noted. 12 b) Resubmittal is to be received by the City within 15 Calendar Days of 13 the date of the City's transmittal requiring the resubmittal. 14 d. Code 4 15 1) "NOT APPROVED" is assigned when the submittal does not meet the 16 intent of the Contract Documents. 17 a) The Contractor must resubmit the entire package revised to bring the 18 submittal into conformance. 19 b) It may be necessary to resubmit using a different manufacturer/vendor 20 to meet the Contract Documents. 21 6. Resubmittals 22 a. Handled in the same manner as first submittals 23 1) Corrections other than requested by the City 24 2) Marked with revision triangle or other similar method 25 a) At Contractor’s risk if not marked 26 b. Submittals for each item will be reviewed no more than twice at the City’s 27 expense. 28 1) All subsequent reviews will be performed at times convenient to the City 29 and at the Contractor's expense, based on the City's or City 30 Representative’s then prevailing rates. 31 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 32 all such fees invoiced by the City. 33 01 33 00 - 9 SUBMITTALS Page 9 of 11 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 c. The need for more than 1 resubmission or any other delay in obtaining City's 1 review of submittals, will not entitle the Contractor to an extension of Contract 2 Time. 3 7. Partial Submittals 4 a. City reserves the right to not review submittals deemed partial, at the City’s 5 discretion. 6 b. Submittals deemed by the City to be not complete will be returned to the 7 Contractor, and will be considered "Not Approved" until resubmitted. 8 c. The City may at its option provide a list or mark the submittal directing the 9 Contractor to the areas that are incomplete. 10 8. If the Contractor considers any correction indicated on the shop drawings to 11 constitute a change to the Contract Documents, then written notice must be 12 provided thereof to the City at least 7 Calendar Days prior to release for 13 manufacture. 14 9. When the shop drawings have been completed to the satisfaction of the City, the 15 Contractor may carry out the construction in accordance therewith and no further 16 changes therein except upon written instructions from the City. 17 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 18 following receipt of submittal by the City. 19 L. Mock ups 20 1. Mock Up units as specified in individual Sections, include, but are not necessarily 21 limited to, complete units of the standard of acceptance for that type of Work to be 22 used on the Project. Remove at the completion of the Work or when directed. 23 M. Qualifications 24 1. If specifically required in other Sections of these Specifications, submit a P.E. 25 Certification for each item required. 26 N. Request for Information (RFI) 27 1. Contractor Request for additional information 28 a. Clarification or interpretation of the contract documents 29 b. When the Contractor believes there is a conflict between Contract Documents 30 c. When the Contractor believes there is a conflict between the Drawings and 31 Specifications 32 01 33 00 - 10 SUBMITTALS Page 10 of 11 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1) Identify the conflict and request clarification 1 d. When the Contractor encounters an unknown condition in the field 2 2. Use the Request for Information (RFI) form provided by the City (attached). 3 3. Numbering of RFI 4 a. Prefix with “RFI” followed by series number, “-xxx”, beginning with “01” and 5 increasing sequentially with each additional transmittal. 6 4. Sufficient information shall be attached to permit a written response without further 7 information. 8 5. The City will log each request and will review the request. 9 a. If review of the project information request indicates that a change to the 10 Contract Documents is required, the City will issue a Field Order or Change 11 Order, as appropriate. 12 1.5 SUBMITTALS [NOT USED] 13 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 14 1.7 CLOSEOUT SUBMITTALS [NOT USED] 15 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 16 1.9 QUALITY ASSURANCE [NOT USED] 17 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 18 1.11 FIELD [SITE] CONDITIONS [NOT USED] 19 1.12 WARRANTY [NOT USED] 20 PART 2 - PRODUCTS [NOT USED] 21 PART 3 - EXECUTION [NOT USED] 22 END OF SECTION 23 24 Revision Log DATE NAME SUMMARY OF CHANGE 25 26 01 33 00 - 11 SUBMITTALS Page 11 of 11 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 REQUEST FOR INFORMATION 1 2 Project: RFI #: Engineering Project No.: Date Sent: Sender: Receiver: Copies To: 3 Subject: Request: Sender’s Proposed Answer/Solution: 4 THE PROPOSED ANSWER/SOLUTION IS, IS NOT, INCLUDED IN THE CONTRACT. 5 6 Receiver’s Response: 7 Response By: Company: Date: 8 DISTRIBUTION: 9 01 35 13 - 1 SPECIAL PROJECT PROCEDURES Page 1 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 01 35 13 1 SPECIAL PROJECT PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedures for special project circumstances that includes, but is not limited to: 6 a. Coordination with the Texas Department of Transportation 7 b. Work near High Voltage Lines 8 c. Confined Space Entry Program 9 d. Excavation Protection 10 e. Air Pollution Watch Days 11 f. Use of Explosives, Drop Weight, Etc. 12 g. Water Utilities Notification 13 h. Public Notification Prior to Beginning Construction 14 i. Coordination with United States Army Corps of Engineers 15 j. Coordination within Railroad permits areas 16 k. Dust Control 17 l. Employee Parking 18 m. Coordination with North Central Texas Council of Governments Clean 19 Construction Specification 20 B. Deviations from this City of Denton Standard Specification 21 1. None. 22 C. Related Specification Sections include, but are not necessarily limited to: 23 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 24 2. Division 1 – General Requirements 25 1.2 PRICE AND PAYMENT PROCEDURES 26 A. Measurement and Payment 27 1. Coordination within Railroad permit areas 28 a. Measurement 29 1) Measurement for this Item will be by lump sum. 30 b. Payment 31 1) The work performed and materials furnished in accordance with this Item 32 will be paid for at the lump sum price bid for Railroad Coordination. 33 c. The price bid shall include: 34 1) Mobilization 35 2) Inspection 36 3) Safety training 37 4) Additional Insurance 38 5) Insurance Certificates 39 6) Other requirements associated with general coordination with Railroad, 40 including additional employees required to protect the right-of-way and 41 property of the Railroad from damage arising out of and/or from the 42 construction of the Project. 43 01 35 13 - 2 SPECIAL PROJECT PROCEDURES Page 2 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 2. Railroad Flagmen 1 a. Measurement 2 1) Measurement for this Item will be per working day. 3 b. Payment 4 1) The work performed and materials furnished in accordance with this Item 5 will be paid for each working day that Railroad Flagmen are present at the 6 Site. 7 c. The price bid shall include: 8 1) Coordination for scheduling flagmen 9 2) Flagmen 10 3) Other requirements associated with Railroad 11 3. Excavation Protection (Trench Safety) 12 a. Measurement 13 1) Measured per linear foot of excavation for all trenches that require trench 14 safety in accordance with OSHA excavation safety standards (29 CFR Part 15 1926 Subpart P Safety and Health regulations for Construction) 16 b. Payment 17 1) The work performed and materials furnished in accordance with this Item 18 and measured as provided under “Measurement” will be paid for at the unit 19 price bid per linear foot of excavation to comply with OSHA excavation 20 safety standards (29 CFR Part 1926.650 Subpart P), including, but not 21 limited to, all submittals, labor and equipment. 22 4. All other items 23 a. Work associated with these Items is considered incidental to the various Items 24 bid. No separate payment will be allowed for this Item. 25 1.3 REFERENCES 26 A. Reference Standards 27 1. Reference standards cited in this Specification refer to the current reference 28 standard published at the time of the latest revision date logged at the end of this 29 Specification, unless a date is specifically cited. 30 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 31 High Voltage Overhead Lines. 32 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 33 Specification 34 4. Occupational Health and Safety Administration (OSHA) Standards – 29 CFR Part 35 1910.146 – Permit-Required Confined Spaces 36 1.4 ADMINISTRATIVE REQUIREMENTS 37 A. Coordination with the Texas Department of Transportation 38 1. When work in the right-of-way which is under the jurisdiction of the Texas 39 Department of Transportation (TxDOT): 40 a. Notify the Texas Department of Transportation prior to commencing any work 41 therein in accordance with the provisions of the permit 42 b. All work performed in the TxDOT right-of-way shall be performed in 43 compliance with and subject to approval from the Texas Department of 44 Transportation 45 B. Work near High Voltage Lines 46 01 35 13 - 3 SPECIAL PROJECT PROCEDURES Page 3 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1. Regulatory Requirements 1 a. All Work near High Voltage Lines (more than 600 volts measured between 2 conductors or between a conductor and the ground) shall be in accordance with 3 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 4 2. Warning sign 5 a. Provide sign of sufficient size meeting all OSHA requirements. 6 3. Equipment operating within 10 feet of high voltage lines will require the following 7 safety features 8 a. Insulating cage-type of guard about the boom or arm 9 b. Insulator links on the lift hook connections for back hoes or dippers 10 c. Equipment must meet the safety requirements as set forth by OSHA and the 11 safety requirements of the owner of the high voltage lines 12 4. Work within 6 feet of high voltage electric lines 13 a. Notification shall be given to: 14 1) The power company (example: Denton Municipal Electric) 15 a) Maintain an accurate log of all such calls to power company and record 16 action taken in each case. 17 b. Coordination with power company 18 1) After notification coordinate with the power company to: 19 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 20 lower the lines 21 c. No personnel may work within 6 feet of a high voltage line before the above 22 requirements have been met. 23 C. Confined Space Entry Program 24 1. Provide and follow approved Confined Space Entry Program in accordance with 25 OSHA requirements. 26 2. Confined Spaces include: 27 a. Manholes 28 b. All other confined spaces in accordance with OSHA’s Permit Required for 29 Confined Spaces 30 D. Excavation Protection 31 1. Excavation protection shall be in strict compliance with OSHA excavation safety 32 standards (29 CFR Part 1926 Subpart P Safety and Health regulations for 33 Construction). 34 2. Submit three (3) copies of a site-specific trench safety plan prepared by a licensed 35 Professional Engineer in the State of Texas to the City prior to construction in 36 accordance with Section 01 33 00. 37 a. The City will not review the submittal. Receipt of submittal is confirmation 38 that the Contractor has prepared a trench safety plan as required by state and 39 federal law. 40 b. The City assumes no responsibility for trench safety and shall be held harmless 41 under the indemnification clause of the General Conditions. 42 3. Any changes in the trench excavation plan after initiation of construction will not 43 be cause for an extension of time and will require a new submittal to the City. 44 4. The Contractor accepts sole responsibility for compliance with all applicable safety 45 requirements. 46 E. Air Pollution Watch Days 47 01 35 13 - 4 SPECIAL PROJECT PROCEDURES Page 4 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1. General 1 a. Observe the following guidelines relating to working on City construction sites 2 on days designated as “AIR POLLUTION WATCH DAYS”. 3 b. Typical Ozone Season 4 1) May 1 through October 31. 5 c. Critical Emission Time 6 1) 6:00 a.m. to 10:00 a.m. 7 2. Watch Days 8 a. The Texas Commission on Environmental Quality (TCEQ), in coordination 9 with the National Weather Service, will issue the Air Pollution Watch by 3:00 10 p.m. on the afternoon prior to the WATCH day. 11 b. Requirements 12 1) Begin work after 10:00 a.m. whenever construction phasing requires the 13 use of motorized equipment for periods in excess of 1 hour. 14 2) However, the Contractor may begin work prior to 10:00 a.m. if: 15 a) Use of motorized equipment is less than 1 hour, or 16 b) If equipment is new and certified by EPA as “Low Emitting“, or 17 equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or 18 alternative fuels such as CNG. 19 F. TCEQ Air Permit 20 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 21 G. Use of Explosives, Drop Weight, Etc. 22 1. When Contract Documents permit on the project the following will apply: 23 a. Public Notification 24 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 25 prior to commencing. 26 2) Minimum 24-hour public notification in accordance with Section 01 31 13 27 H. Water Utilities Coordination 28 1. During the construction of this project, it may be necessary to deactivate, for a 29 period of time, existing lines. The Contractor shall be required to coordinate with 30 Water Utilities to determine the best times for deactivating and activating those 31 lines. 32 2. Coordinate any event that will require connecting to or the operation of an existing 33 City water line system with the City’s representative. 34 a. If needed, obtain a hydrant water meter from Water Utilities for use during the 35 life of named project. 36 b. In the event that a water valve on an existing live system be turned off and on 37 to accommodate the construction of the project is required, coordinate this 38 activity through the appropriate City representative. 39 1) Do not operate water line valves of existing water system. 40 a) Failure to comply will render the Contractor in violation of Texas Penal 41 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 42 will be prosecuted to the full extent of the law. 43 b) In addition, the Contractor will assume all liabilities and 44 responsibilities as a result of these actions. 45 I. Public Notification Prior to Beginning Construction 46 01 35 13 - 5 SPECIAL PROJECT PROCEDURES Page 5 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1. Prior to beginning construction on any block in the project, on a block-by-block 1 basis, prepare and deliver a notice or flyer of the pending construction to the front 2 door of each residence or business that will be impacted by construction. The notice 3 shall be prepared as follows: 4 a. Post notice or flyer 7 days prior to beginning any construction activity on each 5 block in the project area. 6 1) Prepare flyer on the Contractor’s letterhead and include the following 7 information: 8 a) Name of Project 9 b) Engineering Project Number (EPN) 10 c) Scope of Project (i.e. type of construction activity) 11 d) Actual construction duration within the block 12 e) Name of the contractor’s foreman and phone number 13 f) Name of the City’s inspector and phone number 14 g) City’s after-hours phone number 15 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 16 A. 17 3) Submit schedule showing the construction start and finish time for each 18 block of the project to the inspector. 19 4) Deliver flyer to the City Inspector for review prior to distribution. 20 b. No construction will be allowed to begin on any block until the flyer is 21 delivered to all residents of the block. 22 J. Public Notification of Temporary Water Service Interruption during Construction 23 1. In the event it becomes necessary to temporarily shut down water service to 24 residents or businesses during construction, prepare and deliver a notice or flyer of 25 the pending interruption to the front door of each affected resident. 26 2. Prepared notice as follows: 27 a. The notification or flyer shall be posted 24 hours prior to the temporary 28 interruption. 29 b. Prepare flyer on the contractor’s letterhead and include the following 30 information: 31 1) Name of the project 32 2) Engineering Project Number (EPN) 33 3) Date of the interruption of service 34 4) Period the interruption will take place 35 5) Name of the contractor’s foreman and phone number 36 6) Name of the City’s inspector and phone number 37 c. A sample of the temporary water service interruption notification is attached as 38 Exhibit B. 39 d. Deliver a copy of the temporary interruption notification to the City inspector 40 for review prior to being distributed. 41 e. No interruption of water service can occur until the flyer has been delivered to 42 all affected residents and businesses. 43 f. Electronic versions of the sample flyers can be obtained from the Project 44 Construction Inspector. 45 K. Coordination with United States Army Corps of Engineers (USACE) 46 1. At locations in the Project where construction activities occur in areas where 47 USACE permits are required, meet all requirements set forth in each designated 48 permit. 49 01 35 13 - 6 SPECIAL PROJECT PROCEDURES Page 6 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 L. Coordination within Railroad Permit Areas 1 1. At locations in the project where construction activities occur in areas where 2 railroad permits are required, meet all requirements set forth in each designated 3 railroad permit. This includes, but is not limited to, provisions for: 4 a. Flagmen 5 b. Inspectors 6 c. Safety training 7 d. Additional insurance 8 e. Insurance certificates 9 f. Other employees required to protect the right-of-way and property of the 10 Railroad Company from damage arising out of and/or from the construction of 11 the project. Proper utility clearance procedures shall be used in accordance 12 with the permit guidelines. 13 2. Obtain any supplemental information needed to comply with the railroad’s 14 requirements. 15 3. Railroad Flagmen 16 a. Submit receipts to City for verification of working days that railroad flagmen 17 were present on Site. 18 M. Dust Control 19 1. Use acceptable measures to control dust at the Site. 20 a. If water is used to control dust, capture and properly dispose of waste water. 21 b. If wet saw cutting is performed, capture and properly dispose of slurry. 22 N. Employee Parking 23 1. Provide parking for employees at locations approved by the City. 24 O. Coordination with North Central Texas Council of Governments (NCTCOG) Clean 25 Construction Specification 26 1. Equipment Requirements 27 a. All construction equipment being used to perform work on the Contract shall 28 meet EPA emissions standards of Tier 3 or equivalent, or cleaner. Model Form 29 A.14. Schedule for Phase-In of Tier 1-Tier 4 Non-Road Engines is included in 30 Appendix A. Compliance may be achieved through the use of equipment 31 powered by an EPA-certified engine, through engine repowers, or through the 32 use of retrofits which have been verified by the EPA and/or California Air 33 Resources Board. A list of available retrofits is available online at EPA’s 34 website “Verified Technologies List for Clean Diesel.” 35 b. Equipment that meets one or more of the following conditions may be exempt 36 from these requirements: 37 1) Equipment powered by an engine that is less than or equal to ten (10) years 38 old. 39 2) Equipment that must be used to fulfill use or reporting requirements for a 40 grant program or other clean air initiative. Documentation of such 41 obligations must be submitted to City for verification. 42 3) Equipment that is designated as low-use equipment, which is defined as 43 any piece of construction equipment which is used for less than ten (10) 44 hours per week on a single public works contract. A Low-Use Exemption 45 Weekly Reporting Form will be required for all equipment for which this 46 exemption is claimed. 47 01 35 13 - 7 SPECIAL PROJECT PROCEDURES Page 7 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 4) Equipment that is being used to address a critical or emergency public 1 works need, including, but not limited to, broken water mains or sanitary 2 sewer lines. This exemption is limited to work performed in a situation in 3 which the procurement of construction services is performed on an 4 emergency basis, as provided for by State law. 5 2. Operational Requirements 6 a. All diesel fuel used to perform work on the public works contract shall be 7 Ultra-Low Sulfur Diesel (ULSD) fuel which also complies with Texas Low 8 Emission Diesel (TxLED) program requirements. This may include TxLED- 9 compliant Biodiesel blends. 10 b. The Contractor shall limit idling of equipment to no more than five (5) 11 minutes, unless the idling is applicable to one or more of the following 12 exceptions: 13 1) is being used for emergency response purposes; 14 2) is idling as a necessary component of mechanical operation, maintenance, 15 or diagnostic purposes; or 16 3) is idling for the health or safety of the equipment operator. 17 c. To the greatest extent possible, Contractor shall stage equipment away from, 18 and minimize operation near, sensitive receptors including, but not limited to, 19 fresh air intakes, hospitals, schools, licensed day care facilities, and residences. 20 3. Reporting Requirements 21 a. On or before the day construction activity commences, the Contractor shall 22 submit to the City an inventory report containing identifying data for each piece 23 of equipment to be used on the worksite. A form for submitting such 24 information will be provided by the City. This inventory may be used by the 25 City to conduct site inspections and/or verify compliance with specification 26 elements. 27 b. If additional equipment is brought on-site after construction begins, the 28 Contractor shall provide this same inventory information to the City for the new 29 equipment on or before the day it begins work on-site. 30 c. Reports shall be provided for all equipment used on-site. 31 4. Enforcement Requirements 32 a. All construction equipment used at the Site is subject to inspection by the City 33 at random. Contractor is responsible for ensuring that all subcontractors meet 34 the requirements of this specification. 35 1.5 SUBMITTALS 36 A. Submittals shall be in accordance with Section 01 33 00. 37 B. All submittals shall be approved by the City prior to delivery. 38 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 39 A. Construction Notice Flyer 40 B. Notice of Temporary Water Service Interruption 41 01 35 13 - 8 SPECIAL PROJECT PROCEDURES Page 8 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 2 1.9 QUALITY ASSURANCE [NOT USED] 3 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 5 1.12 WARRANTY [NOT USED] 6 PART 2 - PRODUCTS [NOT USED] 7 PART 3 - EXECUTION [NOT USED] 8 END OF SECTION 9 10 Revision Log DATE NAME SUMMARY OF CHANGE 11 01 35 13 - 9 SPECIAL PROJECT PROCEDURES Page 9 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 EXHIBIT A 1 (To be printed on Contractor’s Letterhead) 2 3 4 5 Date: 6 7 EPN No.: 8 Project Name: 9 Limits of Construction: 10 11 12 13 14 15 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF 16 DENTON, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 17 PROPERTY. 18 19 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 20 OF THIS NOTICE. 21 22 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 23 ISSUE, PLEASE CALL: 24 25 26 <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 27 28 OR 29 30 <CITY INSPECTOR> AT < TELEPHONE NO.> 31 32 33 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 34 35 01 35 13 - 10 SPECIAL PROJECT PROCEDURES Page 10 of 10 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 EXHIBIT B 1 2 Date: 3 4 EPN No.: 5 6 Project Name:_____________________ 7 8 9 NOTICE OF 10 TEMPORARY WATER SERVICE 11 INTERRUPTION 12 13 14 Due to utility improvements in your neighborhood, your water service will be 15 interrupted on ___________________________________________________ 16 between the hours of __________________ and _______________________. 17 18 19 IF YOU HAVE QUESTIONS ABOUT THIS DISRUPTION, PLEASE CALL: 20 21 22 <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 23 24 OR 25 26 <CITY INSPECTOR> AT < TELEPHONE NO.> 27 28 THIS SERVICE INTERRUPTION WILL BE AS SHORT AS POSSIBLE 29 30 Thank you, 31 _________________________, Contractor 32 01 45 23 - 1 TESTING AND INSPECTION SERVICES Page 1 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 01 45 23 1 TESTING AND INSPECTION SERVICES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Testing and inspection services procedures and coordination 6 B. Deviations from this City of Denton Standard Specification 7 1. None 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered incidental to the various Items bid. 14 No separate payment will be allowed for this Item. 15 a. In accordance with Article 13 of the General Conditions, Contractor is 16 responsible for performing, coordinating, and payment of all inspections, tests, 17 re-tests, or approvals. 18 b. In accordance with Article 13 of the General Conditions, City is responsible for 19 performing and payment for first set additional independent testing chosen by 20 the City to be performed. 21 1) If the first independent test performed by the City fails, the Contractor is 22 responsible for payment of subsequent testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City, notify City, sufficiently 31 in advance, when testing is needed. 32 b. When testing is required to be completed by the Contractor, notify City, 33 sufficiently in advance, that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Provide all reports to Project Manager and their duly appointed 37 representative electronically via email. 38 4. Provide Project Manager’s duly appointed representative with trip tickets for each 39 delivered load of Concrete or Lime material including the following information: 40 01 45 23 - 2 TESTING AND INSPECTION SERVICES Page 2 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 a. Name of pit 1 b. Date of delivery 2 c. Material delivered 3 B. Inspection 4 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 5 perform work in accordance with the Contract Documents. 6 1.5 SUBMITTALS 7 A. Submittals shall be in accordance with Section 01 33 00. 8 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 9 A. Materials Testing Reports sealed by a Professional Engineer or Professional 10 Geoscientist licensed in the State of Texas. 11 1.7 CLOSEOUT SUBMITTALS [NOT USED] 12 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 13 1.9 QUALITY ASSURANCE [NOT USED] 14 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS [NOT USED] 18 PART 3 - EXECUTION [NOT USED] 19 20 01 45 23 - 3 TESTING AND INSPECTION SERVICES Page 3 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 END OF SECTION 1 2 Revision Log DATE NAME SUMMARY OF CHANGE 3 01 50 00 - 1 TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 01 50 00 1 TEMPORARY FACILITIES AND CONTROLS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Provide temporary facilities and controls needed for the Work including, but not 6 necessarily limited to: 7 a. Temporary utilities 8 b. Sanitary facilities 9 c. Storage Sheds and Buildings 10 d. Dust control 11 e. Temporary fencing of the construction site 12 B. Deviations from this City of Denton Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 – General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered incidental to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Temporary Utilities 24 1. Obtaining Temporary Service 25 a. Make arrangements with utility service companies for temporary services. 26 b. Abide by rules and regulations of utility service companies or authorities 27 having jurisdiction. 28 c. Be responsible for utility service costs until Work is approved for Final 29 Acceptance. 30 1) Included are fuel, power, light, heat and other utility services necessary for 31 execution, completion, testing and initial operation of Work. 32 2. Water 33 a. Contractor to provide water required for and in connection with Work to be 34 performed and for specified tests of piping, equipment, devices or other use as 35 required for the completion of the Work. 36 b. Provide and maintain adequate supply of potable water for domestic 37 consumption by Contractor personnel and Project Manager and Project 38 Manager’s duly authorized representative. 39 c. Coordination 40 01 50 00 - 2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1) Contact City 1 week before water for construction is desired 1 d. Contractor Payment for Construction Water 2 1) Obtain construction water meter from City for payment as billed by City’s 3 established rates. 4 3. Electricity and Lighting 5 a. Provide and pay for electric powered service as required for Work, including 6 testing of Work. 7 1) Provide power for lighting, operation of equipment, or other use. 8 b. Electric power service includes temporary power service or generator to 9 maintain operations during scheduled shutdown. 10 4. Telephone 11 a. Provide emergency telephone service at Site for use by Contractor personnel 12 and others performing work or furnishing services at Site. 13 5. Temporary Heat and Ventilation 14 a. Provide temporary heat as necessary for protection or completion of Work. 15 b. Provide temporary heat and ventilation to assure safe working conditions. 16 B. Sanitary Facilities 17 1. Provide and maintain sanitary facilities for persons on Site. 18 a. Comply with regulations of State and local departments of health. 19 2. Enforce use of sanitary facilities by construction personnel at job site. 20 a. Enclose and anchor sanitary facilities. 21 b. No discharge will be allowed from these facilities. 22 c. Collect and store sewage and waste so as not to cause nuisance or health 23 problem. 24 d. Haul sewage and waste off-site at no less than weekly intervals and properly 25 dispose in accordance with applicable regulation. 26 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 27 4. Remove facilities at completion of Project 28 C. Storage Sheds and Buildings 29 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 30 above ground level for materials and equipment susceptible to weather damage. 31 2. Storage of materials not susceptible to weather damage may be on blocks off 32 ground. 33 3. Store materials in a neat and orderly manner. 34 a. Place materials and equipment to permit easy access for identification, 35 inspection and inventory. 36 4. Equip building with lockable doors and lighting, and provide electrical service for 37 equipment space heaters and heating or ventilation as necessary to provide storage 38 environments acceptable to specified manufacturers. 39 5. Fill and grade site for temporary structures to provide drainage away from 40 temporary and existing buildings. 41 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 01 50 00 - 3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 E. Dust Control 1 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on-call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS [NOT USED] 17 PART 3 - EXECUTION [NOT USED] 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAMINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 INSTALLATION 22 A. Temporary Facilities 23 1. Maintain all temporary facilities for duration of construction activities as needed. 24 01 50 00 - 4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 3.5 [REPAIR] / [RESTORATION] 1 3.6 RE-INSTALLATION 2 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3 3.8 SYSTEM STARTUP [NOT USED] 4 3.9 ADJUSTING [NOT USED] 5 3.10 CLEANING [NOT USED] 6 3.11 CLOSEOUT ACTIVITIES 7 A. Temporary Facilities 8 1. Remove all temporary facilities and restore area after completion of the Work, to a 9 condition equal to or better than prior to start of Work. 10 3.12 PROTECTION [NOT USED] 11 3.13 MAINTENANCE [NOT USED] 12 3.14 ATTACHMENTS [NOT USED] 13 END OF SECTION 14 15 Revision Log DATE NAME SUMMARY OF CHANGE 16 01 57 13 - 1 STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 01 57 13 1 STORM WATER POLLUTION PREVENTION 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Procedures for Storm Water Pollution Prevention Plans 6 B. Deviations from this City of Denton Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the 10 Contract 11 2. Division 1 – General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Storm Water Pollution Prevention Plan 15 a. Measurement for this Item shall be by lump sum. 16 b. Payment 17 1) The work performed and the materials furnished in accordance with this 18 Item shall be paid for at the lump sum price bid for “Storm Water Pollution 19 Prevention Plan”. 20 c. The price bid shall include: 21 1) Preparation of Storm Water Pollution Prevention Plan 22 2) Implementation 23 3) Permitting fees 24 4) Installation 25 5) Maintenance 26 6) Removal 27 1.3 REFERENCES 28 A. Abbreviations and Acronyms 29 1. Notice of Intent: NOI 30 2. Notice of Termination: NOT 31 3. Storm Water Pollution Prevention Plan: SWPPP 32 4. Texas Commission on Environmental Quality: TCEQ 33 5. Notice of Change: NOC 34 A. Reference Standards 35 1. Reference standards cited in this Specification refer to the current reference 36 standard published at the time of the latest revision date logged at the end of this 37 Specification, unless a date is specifically cited. 38 01 57 13 - 2 STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 2. Integrated Storm Management (iSWM) Technical Manual for Construction 1 Controls 2 1.4 ADMINISTRATIVE REQUIREMENTS 3 A. General 4 1. Contractor is responsible for resolution and payment of any fines issued associated 5 with compliance to Stormwater Pollution Prevention Plan. 6 2. As a condition of approval, applicants conducting land disturbing activities will 7 complete the online construction site survey. This survey can be found at 8 https://www.surveymonkey.com/r/HT2BDHZ 9 B. Construction Activities resulting in: 10 1. Less than 1 acre of disturbance 11 a. Provide erosion and sediment control in accordance with Drawings. 12 2. 1 to less than 5 acres of disturbance 13 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 14 Permit is required 15 b. Complete SWPPP in accordance with TCEQ requirements 16 1) TCEQ Small Construction Site Notice Required under general permit 17 TXR150000 18 a) Sign and post at job site 19 b) Prior to Preconstruction Meeting, send 1 copy to City Watershed 20 Protection Department, Joetta Dailey (940) 349-7153 or David Hunter 21 (940) 349-7123. 22 2) Provide erosion and sediment control in accordance with: 23 a) Drawings 24 b) TXR150000 General Permit 25 c) SWPPP 26 d) TCEQ requirements 27 3. 5 acres or more of Disturbance 28 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 29 Permit is required 30 b. Complete SWPPP in accordance with TCEQ requirements 31 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 32 a) Sign and post at job site 33 b) Send copy to City Watershed Protection Department, Joetta Dailey 34 (940) 349 7153 or David Hunter (940) 349 7123. 35 2) TCEQ Notice of Change required if making changes or updates to NOI 36 3) Provide erosion and sediment control in accordance with: 37 a) Drawings 38 b) TXR150000 General Permit 39 c) SWPPP 40 d) TCEQ requirements 41 4) Once the project has been completed and all the closeout requirements of 42 TCEQ have been met a TCEQ Notice of Termination can be submitted. 43 a) Send copy to City Watershed Protection Department, Joetta Dailey 44 (940) 349-7153 or David Hunter (940) 349-7123. 45 01 57 13 - 3 STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1.5 SUBMITTALS 1 A. SWPPP 2 1. Submit in accordance with Section 01 33 00, except as stated herein. 3 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 4 as follows: 5 1) 1 copy to the Project Manager 6 a) Project Manager will forward to the City Watershed Protection 7 Department, Joetta Dailey (940) 349-7153 or David Hunter (940) 349-8 7123 for review. 9 B. Modified SWPPP 10 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 11 in accordance with Section 01 33 00. 12 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 13 1.7 CLOSEOUT SUBMITTALS [NOT USED] 14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15 1.9 QUALITY ASSURANCE [NOT USED] 16 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY [NOT USED] 19 PART 2 - PRODUCTS [NOT USED] 20 PART 3 - EXECUTION [NOT USED] 21 END OF SECTION 22 23 Revision Log DATE NAME SUMMARY OF CHANGE 24 01 58 13 - 1 TEMPORARY PROJECT SIGNAGE Page 1 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 01 58 13 1 TEMPORARY PROJECT SIGNAGE 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Temporary Project Signage Requirements 6 B. Deviations from this City of Denton Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Temporary Project Sign 14 a. Measurement 15 1) Measurement for this Item will be per each project sign installed. 16 b. Payment 17 1) The work performed and materials furnished in accordance with this Item 18 and measured as provided under “Measurement” shall be paid for at the 19 unit price bid per each “Temporary Project Sign.” 20 c. The price bid shall include: 21 1) Installation of Temporary Project Sign 22 2) Excavation 23 3) Hauling 24 4) Disposal of excess Materials 25 5) Maintenance and Repair of Signs During Construction 26 01 58 13 - 2 TEMPORARY PROJECT SIGNAGE Page 2 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 6) Removal and Disposal of Temporary Project Sign 1 1.3 REFERENCES [NOT USED] 2 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 3 1.5 SUBMITTALS [NOT USED] 4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 PART 2 - PRODUCTS 12 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 13 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS 14 A. Design Criteria 15 1. Provide free standing Project Designation Sign as indicated below: 16 17 01 58 13 - 3 TEMPORARY PROJECT SIGNAGE Page 3 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 The flag shall resemble the Texas Flag. The background of the stars and the “City of 1 Denton” lettering shall be blue. The lower bar of the flag shall be red, and the upper bar 2 shall be white. The dimensions, from the farthest ends, shall 3 be 12-inches vertically and 23.5-inches horizontally. The 4 flag shall appear in the dimensions shown. The contractor 5 may request a digital copy in either .jpg or .tif format. 6 7 2. The Project Designation Sign shall be placed at strategic points with lettering as 8 needed to adequately describe the work. 9 3. Signs shall be painted white with blue letters and symbols. Letter size shall conform 10 to dimensions shown on sign drawing. Exceptions or variations from the sign 11 shown above shall not be allowed. 12 B. Materials 13 1. Sign 14 a. Constructed of ¾-inch fir plywood, grade A-C (exterior) or better 15 2.3 ACCESSORIES [NOT USED] 16 2.4 SOURCE QUALITY CONTROL [NOT USED] 17 PART 3 - EXECUTION 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAMINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 INSTALLATION 22 A. General 23 1. Provide vertical installation at extents of project. 24 2. Signs shall be placed prior to beginning the Work and maintained until the end of 25 the project. 26 3. Relocate sign as needed, upon request of the City. 27 B. Mounting options 28 a. Skids 29 01 58 13 - 4 TEMPORARY PROJECT SIGNAGE Page 4 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 b. Posts 1 c. Barricade 2 3.5 -- 3.12 [NOT USED] 3 3.6 MAINTENANCE 4 A. General 5 1. Maintenance will include painting and repairs as needed or directed by the City. 6 3.7 ATTACHMENTS [NOT USED] 7 END OF SECTION 8 9 Revision Log DATE NAME SUMMARY OF CHANGE 10 01 60 00 - 1 PRODUCT REQUIREMENTS Page 1 of 2 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 01 60 00 1 PRODUCT REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. References for Product Requirements and Product Material Submittal Checklist 6 B. Deviations from this City of Denton Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 12 1.3 REFERENCES [NOT USED] 13 1.4 ADMINISTRATIVE REQUIREMENTS 14 A. A list of City approved products for use is located online as follows: 15 1. https://www.cityofdenton.com/CoD/media/City-of-16 Denton/Business/Development%20Review/Materials-List.pdf 17 B. Only products specifically included on City’s Product Material Submittal Checklist in 18 these Contract Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon specific 20 approval by the City. 21 C. Any specific product requirements in the Contract Documents supersede similar 22 products included on the Product Material Submittal Checklist. 23 1. The City reserves the right to not allow products to be used for certain projects even 24 though the product is listed on the Product Material Submittal Checklist. 25 D. Although a specific product is included on Product Material Submittal Checklist, not all 26 products from that manufacturer are approved for use, including but not limited to, that 27 manufacturer’s standard product. 28 E. See Section 01 33 00 for submittal requirements of Product Data included on Product 29 Material Submittal Checklist. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] 35 01 60 00 - 2 PRODUCT REQUIREMENTS Page 2 of 2 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION [NOT USED] 5 END OF SECTION 6 7 Revision Log DATE NAME SUMMARY OF CHANGE 8 01 66 00 - 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 01 66 00 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Scheduling of product delivery 6 2. Packaging of products for delivery 7 3. Protection of products against damage from: 8 a. Handling 9 b. Exposure to elements or harsh environments 10 B. Deviations from this City of Denton Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 – General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered incidental to the various Items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES [NOT USED] 20 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 21 1.5 SUBMITTALS [NOT USED] 22 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 23 1.7 CLOSEOUT SUBMITTALS [NOT USED] 24 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 25 1.9 QUALITY ASSURANCE [NOT USED] 26 1.10 DELIVERY AND HANDLING 27 A. Delivery Requirements 28 1. Schedule delivery of products or equipment as required to allow timely installation 29 and to avoid prolonged storage. 30 2. Provide appropriate personnel and equipment to receive deliveries. 31 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 32 for personnel or equipment to receive the delivery. 33 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 34 containers designed and constructed to protect the contents from physical or 35 environmental damage. 36 01 66 00 - 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 5. Clearly and fully mark and identify as to manufacturer, item and installation 1 location. 2 6. Provide manufacturer's instructions for storage and handling. 3 B. Handling Requirements 4 1. Handle products or equipment in accordance with these Contract Documents and 5 manufacturer’s recommendations and instructions. 6 C. Storage Requirements 7 1. Store materials in accordance with manufacturer’s recommendations and 8 requirements of these Specifications. 9 2. Make necessary provisions for safe storage of materials and equipment. 10 a. Place loose soil materials and materials to be incorporated into Work to prevent 11 damage to any part of Work or existing facilities and to maintain free access at 12 all times to all parts of Work and to utility service company installations in 13 vicinity of Work. 14 3. Keep materials and equipment neatly and compactly stored in locations that will 15 cause minimum inconvenience to other contractors, public travel, adjoining owners, 16 tenants and occupants. 17 a. Arrange storage to provide easy access for inspection. 18 4. Restrict storage to areas available on construction site for storage of material and 19 equipment as shown on Drawings, or approved by Project Manager or their duly 20 authorized representative. 21 5. Provide off-site storage and protection when on-site storage is not adequate. 22 a. Provide addresses of and access to off-site storage locations for inspection by 23 Project Manager or their duly authorized representative. 24 6. Do not use lawns, grass plots or other private property for storage purposes without 25 written permission of owner or other person in possession or control of premises. 26 7. Store in manufacturers’ unopened containers. 27 8. Neatly, safely and compactly stack materials delivered and stored along line of 28 Work to avoid inconvenience and damage to property owners and general public 29 and maintain at least 3 feet from fire hydrant. 30 9. Keep public and private driveways and street crossings open. 31 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 32 satisfaction of Project Manager or their duly authorized representative. 33 a. Total length which materials may be distributed along route of construction at 34 one time is 1,000 linear feet, unless otherwise approved in writing by Project 35 Manager. 36 01 66 00 - 3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 3 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION 4 3.1 -3.6 [NOT USED] 5 3.2 FIELD [OR] SITE QUALITY CONTROL 6 A. Tests and Inspections 7 1. Inspect all products or equipment delivered to the site prior to unloading. 8 B. Non-Conforming Work 9 1. Reject all products or equipment that are damaged, used or in any other way 10 unsatisfactory for use on the project. 11 3.3 SYSTEM STARTUP [NOT USED] 12 3.4 ADJUSTING [NOT USED] 13 3.5 CLEANING [NOT USED] 14 3.6 CLOSEOUT ACTIVITIES [NOT USED] 15 3.7 PROTECTION 16 A. Protect all products or equipment in accordance with manufacturer's written directions. 17 B. Store products or equipment in location to avoid physical damage to items while in 18 storage. 19 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 20 the manufacturer. 21 3.8 MAINTENANCE [NOT USED] 22 3.9 ATTACHMENTS [NOT USED] 23 END OF SECTION 24 Revision Log DATE NAME SUMMARY OF CHANGE 25 01 70 00 - 1 MOBILIZATION AND REMOBILIZATION Page 1 of 5 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 01 70 00 1 MOBILIZATION AND REMOBILIZATION 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Mobilization and Demobilization 6 a. Mobilization 7 1) Transportation of Contractor’s personnel, equipment, and operating supplies 8 to the Site 9 2) Establishment of necessary general facilities for the Contractor’s operation 10 at the Site 11 3) Premiums paid for performance and payment bonds 12 4) Transportation of Contractor’s personnel, equipment, and operating supplies 13 to another location within the designated Site 14 5) Relocation of necessary general facilities for the Contractor’s operation 15 from 1 location to another location on the Site. 16 b. Demobilization 17 1) Transportation of Contractor’s personnel, equipment, and operating supplies 18 away from the Site including disassembly 19 2) Site Clean-up 20 3) Removal of all buildings and/or other facilities assembled at the Site for this 21 Contract 22 c. Mobilization and Demobilization do not include activities for specific items of 23 work that are for which payment is provided elsewhere in the contract. 24 2. Remobilization 25 a. Remobilization for Suspension of Work specifically required in the Contract 26 Documents or as required by City includes: 27 1) Demobilization 28 a) Transportation of Contractor’s personnel, equipment, and operating 29 supplies from the Site including disassembly or temporarily securing 30 01 70 00 - 2 MOBILIZATION AND REMOBILIZATION Page 2 of 5 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 equipment, supplies, and other facilities as designated by the Contract 1 Documents necessary to suspend the Work. 2 b) Site Clean-up as designated in the Contract Documents 3 2) Remobilization 4 a) Transportation of Contractor’s personnel, equipment, and operating 5 supplies to the Site necessary to resume the Work. 6 b) Establishment of necessary general facilities for the Contractor’s 7 operation at the Site necessary to resume the Work. 8 3) No Payments will be made for: 9 a) Mobilization and Demobilization from one location to another on the 10 Site in the normal progress of performing the Work. 11 b) Stand-by or idle time 12 c) Lost profits 13 14 01 70 00 - 3 MOBILIZATION AND REMOBILIZATION Page 3 of 5 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 B. Deviations from this City of Denton Standard Specification 1 1. None. 2 C. Related Specification Sections include, but are not necessarily limited to: 3 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 4 2. Division 1 – General Requirements 5 1.2 PRICE AND PAYMENT PROCEDURES 6 A. Measurement and Payment 7 1. Mobilization and Demobilization 8 a. Measurement 9 1) This Item will be measured by the lump sum as the work progresses. 10 b. Payment 11 1) For this Item, the adjusted Contract amount will be calculated as the total 12 Contract amount less the lump sum for mobilization. Mobilization shall be 13 made in partial payments as follows: 14 a) When 1% of the adjusted Contract amount for construction Items is 15 earned, 50% of the mobilization lump sum bid will be paid. 16 b) When 5% of the adjusted Contract amount for construction Items is 17 earned, 75% of the mobilization lump sum bid will be paid. Previous 18 payments under the Item will be deducted from this amount. 19 c) When 10% of the adjusted Contract amount for construction Items is 20 earned, 100% of the mobilization lump sum bid will be paid. Previous 21 payments under the Item will be deducted from this amount. 22 d) A bid containing a total for “Mobilization” in excess of 10% of total 23 contract shall be considered unbalanced and a cause for consideration 24 of rejection. 25 c. The price bid shall include: 26 1) Mobilization of equipment to Site 27 2) Performance Bond 28 3) Payment Bond 29 4) Maintenance Bond 30 01 70 00 - 4 MOBILIZATION AND REMOBILIZATION Page 4 of 5 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 5) Remobilization as identified in the Contract Documents 1 6) Demobilization 2 d. No payments will be made for standby, idle time, or lost profits associated this 3 Item. 4 2. Remobilization for suspension of Work not identified in the Contract Documents, 5 as required by City 6 a. Measurement and Payment 7 1) This shall be submitted as a Contract Claim in accordance with Article 10 8 of Section 00 72 00. 9 2) No payments will be made for standby, idle time, or lost profits associated 10 with this Item. 11 1.3 REFERENCES [NOT USED] 12 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 13 1.5 SUBMITTALS [NOT USED] 14 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 15 1.7 CLOSEOUT SUBMITTALS [NOT USED] 16 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 17 1.9 QUALITY ASSURANCE [NOT USED] 18 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 19 1.11 FIELD [SITE] CONDITIONS [NOT USED] 20 1.12 WARRANTY [NOT USED] 21 PART 2 - PRODUCTS [NOT USED] 22 PART 3 - EXECUTION [NOT USED] 23 END OF SECTION 24 25 26 01 70 00 - 5 MOBILIZATION AND REMOBILIZATION Page 5 of 5 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 01 71 23 - 1 CONSTRUCTION STAKING AND SURVEY Page 1 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 01 71 23 1 CONSTRUCTION STAKING AND SURVEY 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Requirements for construction staking to be provided by the Contractor. 6 2. Requirements for coordination with City to allow performance of as-built survey at 7 the Site. 8 B. Deviations from this City of Denton Standard Specification 9 1. None 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 – General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Construction Staking 16 a. Measurement and Payment 17 1) Work associated with this Item is considered incidental to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. As-Built Survey 20 a. Measurement and Payment 21 1) Work associated with this Item is considered incidental to the various Items 22 bid. No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 25 1.5 SUBMITTALS 26 A. Submittals, if required, shall be in accordance with Section 01 33 00. 27 B. All submittals shall be approved by the City prior to delivery. 28 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 29 A. Certificates 30 1. Provide certificate certifying that elevations and locations of improvements are in 31 conformance or non-conformance with requirements of the Contract Documents. 32 a. Certificate must be sealed by a registered professional land surveyor in the 33 State of Texas. 34 B. Field Quality Control Submittals 35 1. Documentation verifying accuracy of field engineering work. 36 1.7 CLOSEOUT SUBMITTALS [NOT USED] 37 01 71 23 - 2 CONSTRUCTION STAKING AND SURVEY Page 2 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1 1.9 QUALITY ASSURANCE 2 A. Construction Staking 3 1. Construction staking will be performed by the Contractor. 4 2. Coordination 5 a. It is the Contractor’s responsibility to coordinate staking such that construction 6 activities are not delayed or negatively impacted. 7 3. General 8 a. Contractor is responsible for preserving and maintaining staking. 9 b. If in the opinion of the City, a sufficient number of stakes or markings have 10 been lost, destroyed or disturbed, by Contractor’s neglect, such that the 11 contracted Work cannot take place, then the Contractor will be required to re-12 stake the deficient areas. 13 B. As-built Survey 14 1. As-built Survey will be performed by the City. 15 2. Coordination 16 a. Contractor to verify that control data established in the design survey remains 17 intact. 18 b. It is the Contractor’s responsibility to coordinate As-built Survey such that 19 construction activities are not delayed or negatively impacted. 20 c. Contractor shall coordinate construction operations with City sufficiently in 21 advance and make provisions for City to perform as-built survey on various 22 items indicated in Paragraph B.3.b. 23 d. Contractor shall restore or replace all necessary control data damaged during 24 construction operations. 25 1) Contractor shall perform replacements and/or restorations. 26 3. General 27 a. As-built survey will be performed in order to maintain complete and accurate 28 logs of control and survey work as it progresses for Project Records. 29 b. The Contractor will ensure coordination is maintained with the City to allow 30 performance of as-built survey to obtain construction features including, but not 31 limited to, the following: 32 1) All Utility Lines 33 a) Rim and flowline elevations and coordinates for each manhole or 34 junction structure 35 2) Water Lines 36 a) Top of pipe elevations and coordinates for waterlines at the following 37 locations: 38 (1) Every 250 linear feet 39 (2) Horizontal and vertical points of inflection, curvature, etc. (All 40 Fittings) 41 (3) Cathodic protection test stations 42 (4) Sampling stations 43 (5) Meter boxes/vaults (All sizes) 44 (6) Fire lines 45 (7) Fire hydrants and valves 46 (8) Gate valves and Butterfly Valves 47 01 71 23 - 3 CONSTRUCTION STAKING AND SURVEY Page 3 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 (9) Plugs, stubouts, dead-end lines 1 (10) Air Release valves (Manhole rim and vent pipe) 2 (11) Blow off valves (Manhole rim and valve lid) 3 (12) Pressure plane valves 4 (13) Cleaning wyes 5 (14) Casing pipe (each end) 6 b) Storm Sewer 7 (1) Top of pipe elevations and coordinates at the following locations: 8 (a) Every 250 linear feet 9 (b) Horizontal and vertical points of inflection, curvature, etc. 10 c) Sanitary Sewer 11 (1) Top of pipe elevations and coordinates for sanitary sewer lines at 12 the following locations: 13 (a) Every 250 linear feet 14 (b) Horizontal and vertical points of inflection, curvature, etc. 15 (c) Cleanouts 16 c. As-built survey will be performed in order to maintain complete and accurate 17 logs of control and survey work associated with meeting or exceeding the line 18 and grade required by these Specifications. 19 d. The Contractor will ensure coordination is maintained with the City to allow 20 performance of as-built survey and verify control data including, but not limited 21 to, the following: 22 1) Verification that established benchmarks and control are accurate. 23 2) Use of Benchmarks to furnish and maintain all reference lines and grades 24 for tunneling. 25 3) Use of lines and grades to establish the location of the pipe. 26 4) Submit to the City copies of field notes, if requested, used to establish all 27 lines and grades and allow the City to check guidance system setup prior to 28 beginning each tunneling drive. 29 5) Provide access for the City, when requested, to verify the guidance system 30 and the line and grade of the carrier pipe on a daily basis. 31 6) The Contractor remains fully responsible for the accuracy of the work and 32 the correction of it, as required. 33 7) Monitor line and grade continuously during construction. 34 8) Record deviation with respect to design line and grade once at each pipe 35 joint and submit daily records to City. 36 9) If the installation does not meet the specified tolerances, immediately notify 37 the City and correct the installation in accordance with the Contract 38 Documents. 39 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 40 1.11 FIELD [SITE] CONDITIONS [NOT USED] 41 1.12 WARRANTY [NOT USED] 42 PART 2 - PRODUCTS [NOT USED] 43 44 45 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 PART 3 - EXECUTION 1 3.1 INSTALLERS [NOT USED] 2 3.2 EXAMINATION [NOT USED] 3 3.3 PREPARATION [NOT USED] 4 3.4 APPLICATION 5 3.5 REPAIR / RESTORATION [NOT USED] 6 3.6 RE-INSTALLATION [NOT USED] 7 3.7 FIELD [OR] SITE QUALITY CONTROL 8 A. It is the Contractor’s responsibility to maintain all stakes and control data in accordance 9 with this Specification. 10 B. Do not change or relocate stakes or control data without approval from the City. 11 3.8 SYSTEM STARTUP [NOT USED] 12 3.9 ADJUSTING [NOT USED] 13 3.10 CLEANING [NOT USED] 14 3.11 CLOSEOUT ACTIVITIES [NOT USED] 15 3.12 PROTECTION [NOT USED] 16 3.13 MAINTENANCE [NOT USED] 17 3.14 ATTACHMENTS [NOT USED] 18 END OF SECTION 19 20 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 21 01 74 23 - 1 CLEANING Page 1 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 01 74 23 1 CLEANING 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Intermediate and final cleaning for Work not including special cleaning of closed 6 systems specified elsewhere 7 B. Deviations from this City of Denton Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 – General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered incidental to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Scheduling 19 1. Schedule cleaning operations so that dust and other contaminants disturbed by 20 cleaning process will not fall on newly painted surfaces. 21 2. Schedule final cleaning upon completion of Work and immediately prior to final 22 inspection. 23 1.5 SUBMITTALS [NOT USED] 24 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 25 1.7 CLOSEOUT SUBMITTALS [NOT USED] 26 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 27 1.9 QUALITY ASSURANCE [NOT USED] 28 1.10 STORAGE, AND HANDLING 29 A. Storage and Handling Requirements 30 1. Store cleaning products and cleaning wastes in containers specifically designed for 31 those materials. 32 01 74 23 - 2 CLEANING Page 2 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS 3 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 4 2.2 MATERIALS 5 A. Cleaning Agents 6 1. Compatible with surface being cleaned 7 2. New and uncontaminated 8 3. For manufactured surfaces 9 a. Material recommended by manufacturer 10 2.3 ACCESSORIES [NOT USED] 11 2.4 SOURCE QUALITY CONTROL [NOT USED] 12 PART 3 - EXECUTION 13 3.1 INSTALLERS [NOT USED] 14 3.2 EXAMINATION [NOT USED] 15 3.3 PREPARATION [NOT USED] 16 3.4 APPLICATION [NOT USED] 17 3.5 REPAIR / RESTORATION [NOT USED] 18 3.6 RE-INSTALLATION [NOT USED] 19 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING 23 A. General 24 1. Prevent accumulation of wastes that create hazardous conditions. 25 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 26 governing authorities. 27 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 28 storm or sanitary drains or sewers. 29 4. Dispose of degradable debris at an approved solid waste disposal site. 30 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 31 alternate manner approved by City and regulatory agencies. 32 01 74 23 - 3 CLEANING Page 3 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 6. Transport and deposit vegetative material removed as a result of work operations 1 off-site at a legal site in accordance with all applicable federal, state, and local laws 2 and regulations. 3 a. Removed vegetation will not be allowed to remain in piles or mounds on the 4 easement or surrounding property. 5 7. Handle materials in a controlled manner with as few handlings as possible. 6 8. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 7 this project. 8 9. Remove all signs of temporary construction and activities incidental to construction 9 of required permanent Work. 10 10. If project is not cleaned to the satisfaction of the City, the City reserves the right to 11 have the cleaning completed at the expense of the Contractor. 12 11. Do not burn on-site. 13 B. Intermediate Cleaning during Construction 14 1. Keep Work areas clean so as not to hinder health, safety or convenience of 15 personnel in existing facility operations. 16 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 17 3. Confine construction debris daily in strategically located container(s): 18 a. Cover to prevent blowing by wind 19 b. Store debris away from construction or operational activities 20 c. Haul from site at a minimum of once per week 21 4. Vacuum clean interior areas when ready to receive finish painting. 22 a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 23 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 24 may become airborne or transported by flowing water during the storm. 25 C. Interior Final Cleaning 26 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other 27 foreign materials from sight-exposed surfaces. 28 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 29 3. Wash and shine glazing and mirrors. 30 4. Polish glossy surfaces to a clear shine. 31 5. Ventilating systems 32 a. Clean permanent filters and replace disposable filters if units were operated 33 during construction. 34 b. Clean ducts, blowers and coils if units were operated without filters during 35 construction. 36 6. Replace all burned out lamps. 37 7. Broom clean process area floors. 38 8. Mop office and control room floors. 39 D. Exterior (Site or Right of Way) Final Cleaning 40 1. Remove trash and debris containers from site. 41 a. Re-seed areas disturbed by location of trash and debris containers. 42 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 43 that may hinder or disrupt the flow of traffic along the roadway. 44 01 74 23 - 4 CLEANING Page 4 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 1 junction boxes and inlets. 2 4. If no longer required for maintenance of erosion facilities, and upon approval by 3 City, remove erosion control from site. 4 5. Clean signs, lights, signals, etc. 5 3.11 CLOSEOUT ACTIVITIES [NOT USED] 6 3.12 PROTECTION [NOT USED] 7 3.13 MAINTENANCE [NOT USED] 8 3.14 ATTACHMENTS [NOT USED] 9 END OF SECTION 10 11 Revision Log DATE NAME SUMMARY OF CHANGE 12 01 77 19 - 1 CLOSEOUT REQUIREMENTS Page 1 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 01 77 19 1 CLOSEOUT REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedure for closing out a contract 6 B. Deviations from this City of Denton Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered incidental to the various Items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Guarantees, Bonds and Affidavits 18 1. No application for final payment will be accepted until all guarantees, bonds, 19 certificates, licenses and affidavits required for Work or equipment as specified are 20 satisfactorily filed with the City. 21 B. Release of Liens or Claims 22 1. No application for final payment will be accepted until satisfactory evidence of 23 release of liens has been submitted to the City. 24 1.5 SUBMITTALS 25 A. Submit all required documentation to Project Manager. 26 01 77 19 - 2 CLOSEOUT REQUIREMENTS Page 2 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1 1.7 CLOSEOUT SUBMITTALS [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION [NOT USED] 6 3.3 PREPARATION [NOT USED] 7 3.4 CLOSEOUT PROCEDURE 8 A. Prior to requesting Final Inspection, submit: 9 1. Project Record Documents in accordance with Section 01 78 39 10 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 11 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 12 01 74 23. 13 C. Final Inspection 14 1. After final cleaning, provide notice to the Project Manager and their duly appointed 15 representative that the Work is completed. 16 a. City reserves the right to deny request for Final Inspection if City determines 17 that the entire Work is not sufficiently complete to warrant a Final Inspection 18 b. The City will make an initial Final Inspection with the Contractor present. 19 c. Upon completion of this inspection, the City will notify the Contractor, in 20 writing within 10 business days, of any particulars in which this inspection 21 reveals that the Work is defective or incomplete. 22 2. Upon receiving written notice from the City, immediately undertake the Work 23 required to remedy deficiencies and complete the Work to the satisfaction of the 24 City. 25 3. Upon completion of Work associated with the items listed in the City's written 26 notice, inform the City, that the required Work has been completed. Upon receipt 27 of this notice, the City, in the presence of the Contractor, will make a subsequent 28 Final Inspection of the project. 29 4. Provide all special accessories required to place each item of equipment in full 30 operation. These special accessory items include, but are not limited to: 31 a. Specified spare parts 32 b. Adequate oil and grease as required for the first lubrication of the equipment 33 c. Initial fill up of all chemical tanks and fuel tanks 34 d. Light bulbs 35 e. Fuses 36 f. Vault keys 37 g. Handwheels 38 h. Other expendable items as required for initial start-up and operation of all 39 equipment 40 01 77 19 - 3 CLOSEOUT REQUIREMENTS Page 3 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 D. Notice of Project Completion 1 1. Once the City Project Representative finds the Work subsequent to Final Inspection 2 to be satisfactory, the City will issue a Notice of Project Completion. 3 E. Supporting Documentation 4 1. Coordinate with the City Project Representative to complete the following 5 additional forms: 6 a. Final Payment Request 7 b. Statement of Contract Time 8 c. Affidavit of Payment and Release of Liens 9 d. Consent of Surety to Final Payment 10 F. Letter of Final Acceptance 11 1. Upon review and acceptance of Notice of Project Completion and Supporting 12 Documentation, in accordance with General Conditions, City will issue Letter of 13 Final Acceptance and release the Final Payment Request for payment. 14 G. Warranty Inspection for Wastewater Mains 15 1. A second television inspection conforming to the standards laid out in 16 NCTCOG Item 507.5.2 shall be started by the Contractor no sooner than 630 17 calendar days and finished no later than 690 calendar days after the date of 18 acceptance for the project by the City of Denton. 19 2. The second inspection shall include a complete televised inspection of each 20 manhole interior constructed or installed on the project (including cored 21 manholes). 22 a. Should the second inspection indicate repairs that need to be made, these will 23 be performed by the Contractor at no cost to the City. 24 3. Failure of the Contractor to perform the second inspection or to make repairs 25 indicated by the second inspection shall be sufficient grounds for the City to take 26 action through the terms of the Maintenance Bond for the project to perform the 27 second inspection and make any repairs indicated. 28 3.5 REPAIR / RESTORATION [NOT USED] 29 3.6 RE-INSTALLATION [NOT USED] 30 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 31 3.8 SYSTEM STARTUP [NOT USED] 32 3.9 ADJUSTING [NOT USED] 33 3.10 CLEANING [NOT USED] 34 3.11 CLOSEOUT ACTIVITIES [NOT USED] 35 3.12 PROTECTION [NOT USED] 36 3.13 MAINTENANCE [NOT USED] 37 3.14 ATTACHMENTS [NOT USED] 38 END OF SECTION 39 01 77 19 - 4 CLOSEOUT REQUIREMENTS Page 4 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 01 78 39 - 1 PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 SECTION 01 78 39 1 PROJECT RECORD DOCUMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Work associated with the documenting the project and recording changes to project 6 documents, including: 7 a. Record Drawings 8 B. Deviations from this City of Denton Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 – General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered incidental to the various Items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 19 1.5 SUBMITTALS 20 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 21 Project Manager. 22 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 23 1.7 CLOSEOUT SUBMITTALS [NOT USED] 24 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 25 1.9 QUALITY ASSURANCE 26 A. Accuracy of Records 27 1. Thoroughly coordinate changes within the Record Documents, making adequate 28 and proper entries on each page of Specifications and each sheet of Drawings and 29 other Documents where such entry is required to show the change properly. 30 2. Accuracy of records shall be such that future search for items shown in the Contract 31 Documents may rely reasonably on information obtained from the approved Project 32 Record Documents. 33 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 34 information that the change has occurred. 35 01 78 39 - 2 PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 4. Provide factual information regarding all aspects of the Work, both concealed and 1 visible, to enable future modification of the Work to proceed without lengthy and 2 expensive site measurement, investigation and examination. 3 1.10 STORAGE AND HANDLING 4 A. Storage and Handling Requirements 5 1. Maintain the job set of Record Documents, which shall include the Drawings and 6 the Project Manual, completely protected from deterioration and from loss and 7 damage until completion of the Work and transfer of all recorded data to the final 8 Project Record Documents. 9 2. In the event of loss of recorded data, use means necessary to again secure the data 10 to the City's approval. 11 a. In such case, provide replacements to the standards originally required by the 12 Contract Documents. 13 1.11 FIELD [SITE] CONDITIONS [NOT USED] 14 1.12 WARRANTY [NOT USED] 15 PART 2 - PRODUCTS 16 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 17 2.2 RECORD DOCUMENTS 18 A. Job set 19 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 20 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 21 B. Final Record Documents 22 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 23 the City 1 complete set of all Final Record Drawings in the Contract. 24 2.3 ACCESSORIES [NOT USED] 25 2.4 SOURCE QUALITY CONTROL [NOT USED] 26 PART 3 - EXECUTION 27 3.1 INSTALLERS [NOT USED] 28 3.2 EXAMINATION [NOT USED] 29 3.3 PREPARATION [NOT USED] 30 3.4 MAINTENANCE DOCUMENTS 31 A. Maintenance of Job Set 32 1. Immediately upon receipt of the job set, identify each of the Documents with the 33 title, "RECORD DOCUMENTS - JOB SET". The Job set shall include the 34 Drawings and the Project Manual. 35 01 78 39 - 3 PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 2. Preservation 1 a. Considering the Contract completion time, the probable number of occasions 2 upon which the job set must be taken out for new entries and for examination, 3 and the conditions under which these activities will be performed, devise a 4 suitable method for protecting the job set. 5 b. Do not use the job set for any purpose except entry of new data and for review 6 by the City, until start of transfer of data to final Project Record Documents. 7 c. Maintain the job set at the site of work. 8 3. Coordination with Construction Survey 9 a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, 10 clearly mark any deviations from Contract Documents associated with 11 installation of the infrastructure. 12 4. Making entries on Drawings and Specifications 13 a. Record any deviations from Contract Documents on Drawings and in the 14 Specifications if applicable. 15 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 16 change by graphic line and note as required. 17 c. Date all entries. 18 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 19 e. In the event of overlapping changes, use different colors for the overlapping 20 changes. 21 5. Conversion of schematic layouts 22 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 23 ducts, and similar items, are shown schematically and are not intended to 24 portray precise physical layout. 25 1) Final physical arrangement is determined by the Contractor, subject to the 26 City's approval. 27 2) However, design of future modifications of the facility may require 28 accurate information as to the final physical layout of items which are 29 shown only schematically on the Drawings. 30 b. Show on the job set of Record Drawings, by dimension accurate to within 1 31 inch, the centerline of each run of items. 32 1) Final physical arrangement is determined by the Contractor, subject to the 33 City's approval. 34 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 35 ceiling plenum", "exposed", and the like). 36 3) Make all identification sufficiently descriptive that it may be related 37 reliably to the Specifications. 38 c. The City may waive the requirements for conversion of schematic layouts 39 where, in the City's judgment, conversion serves no useful purpose. However, 40 do not rely upon waivers being issued except as specifically issued in writing 41 by the City. 42 B. Final Project Record Documents 43 1. Transfer of data to Drawings and Specifications 44 a. Carefully transfer change data shown on the job set of Record Drawings and 45 Project Manual if applicable, to the corresponding final documents, 46 coordinating the changes as required. 47 b. Clearly indicate at each affected detail and other Drawing a full description of 48 changes made during construction, and the actual location of items. 49 01 78 39 - 4 PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF DENTON Bid #7239 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project #190055 Revised September 20, 2018 c. Call attention to each entry by drawing a "cloud" around the area or areas 1 affected. 2 d. Make changes neatly, consistently and with the proper media to assure 3 longevity and clear reproduction. 4 2. Transfer of data to other Documents 5 a. If the Documents, other than Drawings, have been kept clean during progress of 6 the Work, and if entries thereon have been orderly to the approval of the City, 7 the job set of those Documents, other than Drawings, will be accepted as final 8 Record Documents. 9 b. If any such Document is not so approved by the City, secure a new copy of that 10 Document from the City at the City's usual charge for reproduction and 11 handling, and carefully transfer the change data to the new copy to the approval 12 of the City. 13 3.5 REPAIR / RESTORATION [NOT USED] 14 3.6 RE-INSTALLATION [NOT USED] 15 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 16 3.8 SYSTEM STARTUP [NOT USED] 17 3.9 ADJUSTING [NOT USED] 18 3.10 CLEANING [NOT USED] 19 3.11 CLOSEOUT ACTIVITIES [NOT USED] 20 3.12 PROTECTION [NOT USED] 21 3.13 MAINTENANCE [NOT USED] 22 3.14 ATTACHMENTS [NOT USED] 23 END OF SECTION 24 25 Revision Log DATE NAME SUMMARY OF CHANGE 26