6579 - IOOF Oakwood Cemetery Fences, 2.General Provisions/ Terms and Conditions
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Materials Management Department
901-B Texas Street
Denton, Texas 76209
940-349-7100
purchasing@cityofdenton.com
RFP – 6579
Exhibit 2
General Provisions –Terms and Conditions
IOOF & Oakwood Cemetery Fences
The following document provides details of the City’s General Provisions, Terms and Conditions, insurance requirements and sample contract for the purchase of Facility Construction Services.
This exhibit governs this solicitation and supporting exhibits as identified in the Main Document Table of Contents.
Table of Contents
A. GENERAL PROVISIONS 4
1. AVAILABILITY OF TECHNICAL DRAWINGS AND SPECIFICATIONS 4
2. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK 4
3. SILENCE OF SPECIFICATIONS 5
4. RESPONDENTS COST TO DEVELOP SUBMITTAL 5
5. MINIMUM RESPONSE 5
6. VALIDITY PERIOD 5
7. REJECTION OF SUBMITTAL 5
8. PROPRIETARY INFORMATION 5
9. NON-ENDORSEMENT 6
10. ASSIGNMENT 6
11. UNAUTHORIZED COMMUNICATIONS 6
12. DISQUALIFICATIONS 7
13. INTELLECTUAL PROPERTY INDEMNIFICATION 7
14. RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARE (GOVERNMENTAL ENTITY OWNERSHIP) 7
15. PATENT RIGHTS 7
16. PREFERENCES 8
17. AWARD 9
18. POST AWARD ADDITIONAL REQUIREMENTS 9
19. CONTRACTS 10
20. BONDS 10
21. RETAINAGE 11
22. INSURANCE 11
23. WARRANTIES 11
24. SUBSTITUTIONS 11
25. PRODUCT CHANGES DURING CONTRACT TERM 11
26. ADDING NEW PRODUCTS OR SERVICES TO THE CONTRACT AFTER AWARD 12
27. ASBESTOS FREE MATERIALS 12
28. PREVAILING WAGE RATES 12
29. SAFETY AND ENVIRONMENTAL HAZARDS 12
30. CONTRACTOR STANDARDS OF PERFORMANCE 13
31. ANTICIPATED PROBLEMS AND PROPOSED SOLUTIONS 13
32. ADDITIONAL GENERAL REQUIREMENTS 13
33. REMEDIES 14
a. COMPLETION OF CONTRACTOR’S DEFAULT 14
b. LIQUIDATED DAMAGES 14
c. CUMULATIVE REMEDIES 15
34. PAYMENT AND PERFORMANCE REQUIREMENTS 15
a. PAYMENT AND INVOICES: 15
b. PAYMENT TO PERFORMANCE MILESTONES 15
c. TAX EXEMPTION 16
d. RELEASE OF LIENS AND CERTIFICATE OF CONTRACTOR 16
e. PAYMENTS TO MATERIAL-MEN AND SUBCONTRACTORS 16
B. SPECIAL NOTICES AND REQUIREMENTS 17
1. CONTRACT ADMINISTRATION SUBMITTALS AND REQUIREMENTS 17
2. MEETINGS 19
3. SURVEYS, MEASUREMENTS AND LAYOUTS 21
4. MISCELLANEOUS REQUIREMENTS 21
C. STANDARD PURCHASE TERMS AND CONDITIONS FOR FACILITY CONSTRUCTION SERVICES 22
APPENDIX A- INSURANCE REQUIREMENTS AND WORKERS’ COMPENSATION REQUIREMENTS 88
APPENDIX B – SAMPLE CONTRACT 96
A. GENERAL PROVISIONS 4
1. AVAILABILITY OF TECHNICAL DRAWINGS AND SPECIFICATIONS 4
2. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK 4
3. SILENCE OF SPECIFICATIONS 5
4. RESPONDENTS COST TO DEVELOP SUBMITTAL 5
5. MINIMUM RESPONSE 5
6. VALIDITY PERIOD 5
7. REJECTION OF SUBMITTAL 5
8. PROPRIETARY INFORMATION 5
9. NON-ENDORSEMENT 6
10. ASSIGNMENT 6
11. UNAUTHORIZED COMMUNICATIONS 6
12. DISQUALIFICATIONS 7
13. INTELLECTUAL PROPERTY INDEMNIFICATION 7
14. RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARE (GOVERNMENTAL ENTITY OWNERSHIP) 7
15. PATENT RIGHTS 7
16. PREFERENCES 8
17. AWARD 9
18. POST AWARD ADDITIONAL REQUIREMENTS 9
19. CONTRACTS 10
20. BONDS 10
21. RETAINAGE 11
22. INSURANCE 11
23. WARRANTIES 11
24. SUBSTITUTIONS 11
25. PRODUCT CHANGES DURING CONTRACT TERM 11
26. ADDING NEW PRODUCTS OR SERVICES TO THE CONTRACT AFTER AWARD 12
27. ASBESTOS FREE MATERIALS 12
28. PREVAILING WAGE RATES 12
29. SAFETY AND ENVIRONMENTAL HAZARDS 12
30. CONTRACTOR STANDARDS OF PERFORMANCE 13
31. ANTICIPATED PROBLEMS AND PROPOSED SOLUTIONS 13
32. ADDITIONAL GENERAL REQUIREMENTS 13
33. REMEDIES 14
a. COMPLETION OF CONTRACTOR’S DEFAULT 14
b. LIQUIDATED DAMAGES 14
c. CUMULATIVE REMEDIES 15
34. PAYMENT AND PERFORMANCE REQUIREMENTS 15
a. PAYMENT AND INVOICES: 15
b. PAYMENT TO PERFORMANCE MILESTONES 15
c. TAX EXEMPTION 16
d. RELEASE OF LIENS AND CERTIFICATE OF CONTRACTOR 16
e. PAYMENTS TO MATERIAL-MEN AND SUBCONTRACTORS 16
B. SPECIAL NOTICES AND REQUIREMENTS 17
1. CONTRACT ADMINISTRATION SUBMITTALS AND REQUIREMENTS 17
2. MEETINGS 19
3. SURVEYS, MEASUREMENTS AND LAYOUTS 21
4. MISCELLANEOUS REQUIREMENTS 21
C. STANDARD PURCHASE TERMS AND CONDITIONS FOR FACILITY CONSTRUCTION SERVICES 22
APPENDIX A- INSURANCE REQUIREMENTS AND WORKERS’ COMPENSATION REQUIREMENTS 88
APPENDIX B – SAMPLE CONTRACT 96
GENERAL PROVISIONS
AVAILABILITY OF TECHNICAL DRAWINGS AND SPECIFICATIONS
Technical Specifications related to this project are located in Exhibit 3 and Drawings/Plans are Exhibit 4 of this solicitation, if applicable.
Electronic documents of the solicitation are available on the City of Denton’s website www.dentonpurchasing.com
If the technical drawings and specifications are too large to be placed on the City’s website, they may be downloaded via a FTP site. If this is the case, an Exhibit 5 will be noted
on the table of contents of the Main Solicitation document. Potential respondents should complete and return Exhibit 5 to receive a log in and password to the FTP site.
EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK
Respondents are advised that the plans, specifications, and other documents on file as stated in the Table of Contents shall constitute all the information which the City shall furnish.
Respondents are required, prior to submitting any response, to review the plans, read the specifications, exhibits, contract, and bond forms carefully; to visit the site of the work;
to examine carefully the local conditions; to inform themselves with their independent research, tests, and investigations of the difficulties to be encountered and judge for themselves
the accessibility of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion and to obtain all information required to
make an intelligent proposal.
No information given by the City or any official thereof, other than that shown on the plans and contained in the specifications, exhibits, and other contract documents, shall be binding
upon the City. Respondents shall rely exclusively upon their own estimates, investigations, test and other data which is necessary to full and complete information upon which the submission
may be based. Any respondent, by submitting a response, represents and warrants that he has prepared his submittal in accordance with the specifications, with full knowledge and understanding
of the terms and provisions thereof; that he has reviewed, studied and examined the response prior to the signing and submission of same; and that he was cognizant of the terms of his
submittal, verified his calculations and found them to be correct and agrees to be bound thereby.