2012-350o�rNANCE No. 2012-350
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC
WORKS CONTR.ACT FOR THE CONSTRUCTION OF A CONCRETE AND MASONRY
FENCE AT THE CITY OF DENTON BONNIE BRAE SUBSTATION; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP
5063-AWARDED TO ZAGROS CONSTRUCTION COMPANY 1N THE AMOUNT OF
$388,849.10).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive proposals for the construction of public works or
improvements, as described in the "Request for Proposals" or plans and specifications on file in the
Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby
accepted and approved as being the lowest responsible bids:
RFP
NUMBER CONTRACTOR AMOUNT
5063 Zagros Construction Company $388,849.10
SECTION 2. The acceptance and approval of the above competitive proposals shall not
constitute a contract between the City and the person submitting the proposal for construction of
such public works or improvements herein accepted and approved, until such person shall comply
with all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public worlcs or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Request for Proposals, and documents relating thereto specifying the
terms, conditions, plans and specifications, standards, quantities and specified sums contained
therein.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under RFP 5063 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public worlcs and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ��� day of � , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
�
BY: � �
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
BY: i i�/
5-ORD-RF 063
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 18th day of December A.D., 2012,
by and between Cityo uf Denton of the County of Denton and State of Texas, acting through
George C. Campbell, City Manager hereunto duly authorized so to do, hereinafter termed
"OWNER," and Zagros Construction Companv, 15058 Beltway Dr., Suite 119, of the City of
Addison, County of Dallas and State of Texas , hereinafter termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete
performance of the work specified below:
As detailed within the speci�cations and requirements of Citv of Denton Repuest For
Proposals (RFP) #5063 — Construction of a concrete and masonrv fence at the City of Denton
Bonnie Brae Substation.
in the amount of $388,849.10 and all extra work in connection therewith, under the terms as stated
in the General Conditions of the agreement; and at his (or their) own proper cost and expense to
furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and
other accessories and services necessary to complete the work specified above, in accordance with
the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached
hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions,
the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein
and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal
laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or
written explanatory matter thereof, and the Specifications therefore, as prepared by:
The City of Denton Denton Munici�al Electric CLC En ing eering and IEG En in�g
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-1
Independent Status
It is mutually understood and agreed by and between City and Contractor that Contractor is
an independent contractor and shall not be deemed to be or considered an employee of the Ciry of
Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick
leave benefits, warker's compensation, or any other City employee benefit. City shall not have
supervision and control of Contractor or any employee of Contractor, and it is expressly understood
that Contractor shall perform the services hereunder according to the attached specifications at the
general direction of the City Manager of the City of Denton, Texas, or his designee under this
agreement.
Indemnification
Contractor covenants aiid agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Owner, its officers, servants and employees, from and against any and all claims or
suits for property loss ar damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Worlc and services to be
perfoi-med hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, ernployees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract, whether arising out of in whole or in part, any and all alleged acts or oinissions of
officers, servants, or einployees of Owner. The provisioi�s of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual ar otherwise,
to any other person or entity.
Choice of Law and Venue
This agreeinent shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established for
the start of work as set forth in written notice to coinmence worlc and complete all work within the
time stated in the Proposal, subject to such extensions of tiine as are provided by the General and
Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price ar prices shown
in the Proposal, which foi7ns a part of this contract, such payments to be subject to the General and
Special Conditions of the Contract.
CA-2
Right to Audit
The OWNER shall have the right to audit and make copies of the books, records and computations
pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and
other evidence pertaining to this agreement during 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 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 this agreement, and to allow the
OWNER similar access to those documents. All books and records will be made available within a
50 mile radius of the Ciry of Denton. The cost of the audit will be borne by the OWNER 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 business days of receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract and
shall constitute, in the OWNER'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.
CA-3
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
TEST:
�
ATTEST:
APPROVED AS TO FORM:
BY: � �
A TA BURGESS, C Y ATTORNEY
CA-4
Citv of Denton
OWN
BY: >�--
(SEAL)
Zagros Construction Co.
CONTRACTOR
15058 Beltwav Drive #119
Addison , Texas 75001
MAILING ADDRESS
972-3 85-7574
PHONE NUMBER
972-385-7579
F 'NUMBER
/%, i�i�
BY: �'a �- /!i
AUTHORIZED SIGNATURE
Joe Tabaee — Vice President
PRINTED NAME, TITLE
(SEAL)
�
PaYment and Performance Bondin�
Information
and Requirements
STATE OF TEXAS
COUNTY OF DENTON
PERFORMANCE BOND
BOND# 1009967
KNOW ALL MEN BY THESE PRESENTS: That Za�ros Construction Compan �_
whose address is 15058 Beltwa Dr #119 Addison TX 75001
hereinafter called Principal, and Olclahoma Surety Compan ,
a corporation organized and existing under the laws of the State of OHIO
, and fully authorized to transact business in the State of Texas, as Surety, are held and
firmly bound unto the City of Denton, a municipal corporation organized and existing under the
laws of the State of Texas, hereinafter called Owner, in the penal sum of Three
Hundred Ei ht Ei ht Thous d Ei ht Hundred Fo Nine and 10/100
DOLLARS ($ 388,849.10 ) plus ten percent of the stated penal sum as an additional
sum of money representing additional court expenses, attorneys' fees, and liquidated damages
arising out of or connected with the below identified Contract, in lawful money of the United
States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be
made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally, firmly by these presents, This Bond shall automatically be increased by the
amount of any Change Order or Supplemental Agreement, which increases the Contract price,
but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract
price, decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 20 - , with the City
of Denton, the Owner, dated the _ day of December 18 A.D. 2012 � for
RFP# 5063 Construction of Bonnie Brae Substation FenceT
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any e�ension thereof which may be granted by the Owner, with or without notice to
the Surety, and during the life of any guaranty or warranty required under this Contract, and shall
also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and
agreements of any and all duly authorized modifications of said Contract that may hereafter be
made, notice of which modifications to the Surety being hereby waived; and, if the Principal
shall repair and/or replace all defects due to faulty materials and workmanship that appear within
a period of two (2) years from the date of final completion and final acceptance of the Work by
the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs
and damages which Owner may suffer by reason of failure to so perform herein and shall fully
reimburse and repay Owner all outlay and expense which the Owner may incur in malcing good
any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full
force and effect.
.�
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue
sha111ie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Worlc to be performed thereunder, or to the Plans, Specifications, Drawings, etc.,
accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings,
etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such suretyship, as provided by Article
7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in four copies, each one of w�ich
shall be deemed an original, this the 18th day of December ✓ ,
2012
ATTEST •
BY: ��
RETARY
ATTEST:
BY: �� /"`� �
PRINCIPAL
Za ros Construction Co an
BY:
PRESIDENT
SURETY
Oklahoma Suret Com _
BY: � `�--� �/'� ---
ATTORNEY-iN-FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and ser�✓ice �f
the process is:
NAME: Brent M Bloni�an
STREET ADDRESS: 1740 N. Collins Blvd #200 Richardson TX 75080
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
.�
���1�
\ �
PAYMENT SOND
STATE OF TEXAS § BOND 1009967
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Za�ros Construction Companv�
whose address is 15058 Beltwa D#119 Addison TX 75001 hereinafter called Principal,
and Olclahoma Suretv Companv , a corporation organized and
existing under the laws of the State of Ohio , and fully authorized to transact
business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a
municipal corporation organized and existing under the laws of the State of Texas, hereinafter
called Owner, and unto all persons, firms, and corporations who may furnish materials for, or
perform labor upon, the building or improvements hereinafter referred to, in the enal sum of _
Three Hundred Ei ht Ei ht T usand Ei t Hundred Fort Nine and 10/100�
DOLLARS ($ 388,849.10 ) in lawful money of the United States, to be paid in Denton,
County, Texas, for the payment of which sum well and truly to be made, we hereby bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents. This Bond shall automatically be increased by the amount of any
Change Order or Supplemental Agreement which increases the Contract price, but in no event
shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the
penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 20 - , with the City of
Denton, the Owner, dated the 18th day of December A.D. 2912.�
RFP# 5063 Construction of Bonnie Brae Substation Fence ✓
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, �rms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Worlc provided for in said Contract and
any and all duly authorized modifications of said Contract that may hereafter be made, notice of
which modifications to the Surety being hereby expressly waived, then this obligation shall be
void; otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie in Denton County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc.,
accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings,
etc.
.�
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such surety, as provided by Article 7.19-1
of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which
shall be deemed an original, this the 18th day of December , 2012,� .
ATTEST:
r� �
BY: �vvt�
S TARY
ATTEST:
PRINCIPAL
Za ros Construction Com an
BY: �
PRESIDENT
SURETY
Oklahoma Suretv Compan /
BY: �f�� � G--�
" BY: --
ATTORNEY-IN-FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the process is:
NAME: Brent M Blonigan
STREET ADDRESS: 1740 N. Collins Blvd #200. Richardson TX 75080
(NOTE; Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
•; ,
Q`� �9
�\� �
__
____. _
. OKLAHt"�MA SURETY C4MPANY
1437 SOUTH BOIJLDER, SUITE 200'• TULSA, OKLAHOMA 74119 • 918-587-7221 • FAX 918-588-1253
PUWER OF ATfqRNEY !
KNOW ALL MEN BY THESE PRESENTS: That the OKLAHOMA SURETY COMPANY ✓, a corporation organized and existing under
and by ylrtue of the laWs of the Stafe of Ohio, does hereby rtominate; constitute �nd appoint the peCSOn or persons named below, each individually ff
mote than one is named, its true and lawful attomey�in-fact, for it antl in its name, plaCe and stead #o execute on behalf:of the said Com�p ����, as surety,
any and all bonds, undertakings antl contracts of suretysh'ip, or other written obligations in the hature thereof. Brent M. BIo111ga11,�iaul F.
Campa, Jalna Ann Carey, Rob Dreiling, Janice Herrera, Gary Johnson and Kara Pierce, individually of RICHARDSON,
TX=
�
OKLAHOMA SURETY C,OMPANY has caused these presents to be signed �nd attested by its appCopriate
af�ixed this 17 tlay pf May ', 2012 .
=� "S�AI: ; �= _
,; �,+� QKLAHOMA SURETY COMP/•1NY ';
,
�R�� OHi4�t.�'� I
ATTEST:
�� �
��
SARA AND SON ASSISTANT SECRETARY TODb BAZATA VICE PRESIDENT`
I',
.-
,
On this 17 day of May , 2012 before me personally appeared TODD BAZATA , to me known, being �
dulysworn, deposes and s�ys that s/he resides in Tulsa, Oklahoma,.that s/he is a Vice Presidant Of Oklahoma Surety Company, the company
described in and which executed the above instrument; that slhe knows the seal of#he said Comp�ny; that the'seal affixed to thesaid instrument is sueh '
corporate seal; that it was so effixed by authority of her/his office under the By-Laws of said Company, and that slhe signed his`name thereto by like '
authority,
. t�,��,'��p�`�,;?��� � "' Commission # 05000936
S7ATE 0F OKLAHOMA ' �x�,,, . p'E°,4,�`•.�t��=
SS �!�U� I� �; My Commisslon expires; 01 —26-13 i
COUNTY OF TULSA .; � i�r rt� o�q ��
:���';.'�6J1HQ�'�+`F 1ti�� �
` rr'�.`�A ����"�i��4s L, FAY:1� SE Notary ublic
�r�,�tiNFt�
This Power of Attorney is granted by authorlty of the following resolutions adopted by the Board of Directors of Oklahama Surety Company .
by unanimous written consenk dated September 25, 2009:
RESOLVED: Th�f the President, the Executive Vice President, the several Sen(or Vice Presidents and Vice'Presidents or any one of them,
be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all
bonds,,undertakings and con#racts of suretyship, or other written obligations in the nature thereofi„to prescribe: their respective duties and the respecU�e
limits oftheir authoYity; antl to Cevoke any such appointment at anytime.
RESOLVED FURTHER, That the Company seal and the signature of atiy of thQ aforssaid officers and any Secretary or Assistant Secretary of
the Company may be affixed by facsimile to any power of'attorney or certificate of either given for the execution of any bond, undertaking, contract of
suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company, to be valid and binding upa,n the Company with the same force aqd effect as though
manually affixed.
CERTIFICATION
-, �, SARA ANDERSON , qssistant Secretaty, of Oklahoma 5urety Company, do hereby certify that the;foregoing Power of
Attorney and the Resolutions of the Board of Directors of Septemberv25, 2009 haVe not been[revoked and are`noW fn full farce and effect.
���{�,,,�� �l � Signed and sealed this l�� day of �-�-f-"'� �- , Z� �Z
��,��guRE1Y4
,� 0,�, 'p QA ( O: �
��� vQ ��` •�.e?»
;� °t�:t' � Lm , � = C�-�- �—yt.
�U. ,,�.�
.� ,� �; SARA ANDE SON Assistant Secretary
.:, • �.
., p.H��T��i���
VOID IF BOX iS EMPTY �
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`y'
�IID-CONTINENT CASUALTY CONIPANY
OKLAHOMA SURETY C0IVIPANY
STATE OF' TE�C�►S
CLAIM NOTICE ENDORSEI�IENT
[n accordance �vith Section 2253.021 (k) of the Texas Government Code and Section
53,?0?(6) of the Texas Property Code, any notice of claim ko the named surety un�ier this
bond(s) shauld be sent to:
l�iailing: NI[D-CONTINENT CASUALTY CONIPANY
OKLAHDi1itA SURETY COMPANY
P.O. BOX 1409
TULSA, OK 74101
TELEPHONE NO. 1-800-722-4994
FAX NO. t-9 l 3-536-0340
E-�IAIL: CLAIti1S u MCG-[NS.COM
Physical: l437 S. E30ULDEft
SU[TE 200
TULSA, OKLAHOMA 74l 19
�1TTACH THIS NOTICE TO YOUR BQYD
UPON EXECUT[ON OF THE BOND
STATE OF TEXAS
COUNTY OF DENTON
PERFORMANCE BOND
BOND# 1009967
KNOW ALL MEN BY THESE PRESENTS: That Zagros Construction Company✓
whose address is 15058 Beltwa Dr #119 Addison TX 75001
hereinafter called Principal, and _Ol�lahoma Suretv Companv ,
a corporation organized and existing under the laws of the State of OHIO
, and fully authorized to transact business in the State of Texas, as Surety, are held and
firmly bound unto the City of Denton, a municipal corporation organized and existing under the
laws of the State of Texas, hereinafter called Owner, in the penal sum of � Three
DOLLARS ($ 388,849.10 � ) plus ten percent of the stated penal sum as an additional
sum of money representing additional court expenses, attorneys' fees, and liquidated damages
arising out of or connected with the below identified Contract, in lawful money of the United
States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be
made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally, firmly by these presents. This Bond shall automatically be increased by the
amount of any Change Order or Supplemental Agreement, which increases the Contract price,
but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract
price, decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 20 - , with the City
of Denton, the Owner, dated the _ day of December 18 A.D. 2012 �for
RFP# 5063 Construction of Bonnie Brae Substation Fence �
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertalcings, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or without notice to
the Surety, and during the life of any guaranty or warranty required under this Contract, and shall
also well and truly perform and fulfill all the undertalcings, covenants, terms, conditions and
agreements of any and all duly authorized modifications of said Contract that may hereafter be
made, notice of which modifications to the Surety being hereby waived; and, if the Principal
shall repair and/or replace all defects due to faulty materials and worlcmanship that appear within
a period of two (2) years from the date of final completion and final acceptance of the Worlc by
the Owner; and, if the Principal shall fully indernnify and save harmless the Owner from all costs
and damages which Owner may suffer by reason of failure to so perform herein and shall fully
reimburse and repay Owner all outlay and expense which the Owner may incur in malcing good
any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full
force and effect.
.�
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue
shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Worlc to be performed thereunder, or to the Plans, Specifications, Drawings, etc.,
accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Worlc to be performed thereunder, or to the Plans, Specifications, Drawings,
etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such suretyship, as provided by Article
7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which
shall be deem�cl an original, this the 18th day of December ,
2012 �
ATTEST:
BY:
SECRETARY
ATTEST:
BY:
PRINCIPAL
Za ros Construction Com an
� �
BY:
PRESIDENT
SURETY
Olclahoma Suretv Companv / —_
BY: � �' � ��_
ATTORNEY-IN-FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the process is:
NAME: Brent M Bloni¢an
STREET ADDRESS: 1740 N. Collins Blvd #200 Richardson TX 75080
(NOTE: Date of Performance Bond must be date of Contr�act. If Residerrt Agent is not a corporation,
give a person's name.)
.�
��p�3
al��
STATE OF TEXAS
COUNTY OF DENTON
PAYMENT BOND
BOND 1009967
KNOW ALL MEN BY THESE PRESENTS: That Zagros Construction Company✓,
whose address is 15058 Beltwa Dr #119 Addison TX 75001 hereinafter called Principal,
and Oklahoma Surety Companv _ , a corporation organized and
existing under the laws of the State of Ohio , and fully authorized to transact
business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a
municipal corporation organized and existing under the laws of the State of Texas, hereinafter
called Owner, and unto all persons, firms, and corporations who may furnish materials for, or
perform labor upon, the building or improvements hereinafter referred to, in the genal sum of _
Three Hundred Ei ht Ei ht T usand Ei ht Hundred Fort Nine and 10/100✓
DOLLARS ($ 388,849.10 ) in lawful money of the United States, to be paid in Denton,
County, Texas, for the payment of which sum well and truly to be made, we hereby bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents. This Bond shall automatically be increased by the amount of any
Change Order or Supplemental Agreement which increases the Contract price, but in no event
shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the
penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 20 -_�, with the City of
Denton, the Owner, dated the 18th day of December A.D. 2012, for
RFP# 5063 Construction of Bonnie Brae Substation Fence �
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to a11 persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in said Contract and
any and all duly authorized modifications of said Contract that may hereafter be made, notice of
which modifications to the Surety being hereby expressly waived, then this obligation shall be
void; otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie in Denton County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Work to be perfarmed thereunder, ar to the Plans, Specifications, Drawings, etc.,
accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Worlc to be performed thereunder, or to the Plans, Specifications, Drawings,
etc.
.�
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Governrnent
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such surety, as provided by Article 7.19-1
of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in four copies, each one o�which
shall be deemed an original, this the 18th day of December , 2012 ��
ATTEST:
BY:
SECRETARY
ATTEST:
BY:
PRINCIPAL
Za ros Construction Com an
BY:
PRESI EN
SURETY
Olclahoma Suret Com an
BY: �� �-_ G.y--
ATTORNEY-IN-FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and seivice of
the process is:
NAME: Brent M Bloniaan
STREET ADDRESS: 1740 N. Collins Blvd #200. Richardson TX 75080
(NOTE: Date of Payment Bond must be date of Contract.
corporation, give a person's name.)
.; .
If Resident Agent is not a
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OKLAHOMA.:.SURETY C�MPANY
1437 SOUTW BOULDER, SUITE 200 • TULSA, OKLAH�MA 74119 • 918-587-7221 • FAX 918-588-1253
WOINER OF ATT�RNEY i
KNOW ALL MEN BY THESE PRESENTS: That the OKLAHOMA SURETY COMPANY ", a corporation organized and existing under ,
and by virtue of the laws af the Sta�e qf Ohlo, does hereby nominafa, constitute and appoini the person or persons named below; each fndividual4y if
moCe than one is n3hled, its tt'u2 2nd lawful attorney-in-fact, for it and in its name, plaCe a11d stead `to execute on behalf of the sa'id Com� ny, �s Surety,
any �rtd all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof. Brent M. BlOtligall,�'Haul �.
Campa, Jalna Ann Carey, Rob Dreiling, Janice Herrera, Gary Johnson and Kara Pierce, individually of RICHARDSON,
TX:
IN
off3oers and
`�:'r �;
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c�= SEAL
�A ;
ATTEST r�"�%+� ��
= v
^5ARi4 AN
REOF, the OKLAHOMA SURETY_COMPANY has caused these presents to be,sigRed and attested by its appropriate _
heKeunto affixed this � 7 c(�y of McZy ', �0'12'
OkCLAHfJMA SURETY COMPANY
�l
l..�-/J C9--rU
STANT S�CRETARY 'TOQp BAZATA VICE PRESID�NT
On this 17 day of May , 2012 before me personally appeared TODD BAZATA , to me known, being
duly sworn, deposes ahd Says .that s/he resides in Tulsa, Oklahom�, that s/he is a �ice President of Oklahoma Surety ��mpany, the comp�ny ;
described in and which execufed fhe �bove instrument;'that s/he knows the seal ofthe said Company; that the seal affiXed to the sald instrument is suah, r
corporate seal; that it'was so afiixetl by authority of herlhis office under the By-Laws of said Company, and that �/he signed his name thereto by like
authority.
}�tr..�, fr
' ,.+'� p�'�, ��'�+�;,� ` Cornmission # 05000936 ,
STATEiOF OKLAHOMA ' ��+e,,� p7s# `s.t�`� ; '
� 9�``` My Cof�mission exp' es: Ol —26-13
COUNTY OF TULSA SS �`��� 4C '` �/
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Ay`�';f�a��'+k�` [.. FAY;JE SE Notary ublie
This Power of Attorney is granted by authority of the follpwing resolutions adopted by the Board of Clirectors.of Oklahoma Surety Company ,
bjr unanimous written eonsenk dated September �5, 2009:'
_ :: .. :
RESOLVED: 7hat the I'resident, the Executive`Vice President, the several Senior Vice Presidents and Vice Presidents or any one of them,
be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all
aonds, undertakings and contracts of suretyship,;or other,written abligations in the nature thereof; to prescribe-their respective duties and the respective
limi#s'of their authority; :and to re�oke any such appalntment at anykime.
' RESOLV�D �URTW�R: That the Comp�ny Seal arid the Signature of any of the afofesaid off(cers and any Seoret�ry tir Asslstant Secretary of i
, ,___
the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of anybond, undertaking, contract of
suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company, to. be valid and binding upon the C4mpany with tha same force and effect as though
manualiy affixed.
CERTIFICATION
I, SARA ANp�RSQN,. , Assistant;Secretary of
�Attorney and the Resollltions of the BRard of DireCtors of September;25
;'. �\\Y
��
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VOID IF BOX 1S`EMPTY
Oklahoma Sur�ty Company, do hereby certify;fhat the f.oregoing Pawer Qf
, 2009 have'nat been: CevokQd and are now in full Porce a�d effect.
Signed and sealed this r ' a'ay of ��i. i.lL ,�� �-'
:�
� � �
SARA ANDE SON Assistant Secretary
. ��3
t11''�:� :
1. INVOICES AND PAYMENT PROCESSING:
Payment nrocessin�: The City review, inspection, and processing procedures for invoices
ordinarily require thirty (30) days after receipt of invoices, materials, or services. Proposals
which call for payment before thirty (30) days from receipt of invoice, ar cash discounts
given on such payment, will be considered only if, in the opinion of the Purchasing Manager,
the review, inspection, and processing procedures can be completed as specified. It is the
intention of the City of Denton to make payment within thirty days after receipt of valid
invoices for which items or services have been received unless unusual circumstances arise.
The 30 day processing period for invoices will begin on the date the invoice is received or
the date the items or services are received, whichever is later.
Direct deposit for pavments: Contractors are encouraged to arrange for receiving payments
through direct deposit. Information regarding direct deposit payments is available from the
City of Denton Purchasing website: www.dentonpurchasin .com.
Invoices: Invoices shall be sent directly to the City of Denton Accounts Payable
Department, 215 E McKinney St, Denton, TX, 76201-4299 with a copy to the attention of
Dean Hartley, City of Denton Facilities Management, 69 South Woodrow, Denton, TX
76205. The copy may also be emailed to Mr. Dean Hartley at
dean.hartley_((a�cityofdenton.com. Invoices must be fully documented as to labor,
materials, and equipment provided, if applicable, and must reference the City of
Denton Purchase Order Number in order to be processed. No payments shall be made
on invoices not listing a Purchase Order Number. Invoices for partial payments on
construction projects should normally be presented for payment within the first five days of
the month, and submitted on the AIA Pay Application Form.
2. PAYMENTS TO CONTRACTORS:
A. Upon presentation of valid invoices, which should be within the first week of each
month, the Owner shall rnake partial payrnents to the Contractor for construction
accomplished during the preceding calendar month on the basis of completed
construction certified to by the Contractor and approved by the Owner solely for the
purposes of payment: Provided, however, that such approval shall not be deemed
approval of the workmanship or materials. Only ninety-five percent (95%) of each
payment request approved during the construction of the project shall be paid by the
Owner to the Contractor prior to completion of the project. Upon the approval by the
Owner of the Contractor's "Final Invoice for Payment" showing the total cost of the
construction performed, the Owner shall make payrnent to the Contractor of all amounts
to which the Contractor shall be entitled there under which shall not have been paid:
Provided, however, that such final payment shall be made not later than ninety (90) days
after the date of completion of construction of the project, as specified in the Final
Invoice for Payment, unless withheld because of the fault of the Contractor.
B. The Contractor shall be paid on the basis of the percentage of the work actually
completed for each construction item. The total amount paid for periodic billings shall
not exceed the maximum contract price for the construction of the project as set forth in
the contract, unless such excess shall have been approved in writing by the Purchasing
Agent as part of a change order.
C. No payment sha11 be due while the Contractor is in default in respect of any of the
provisions of this contract, and the Owner may withhold from the Contractor the.amount
of any claim by any third party against either the Contractor or the Owner based upon an
alleged failure of the Contractor to perform the work hereunder in accordance with the
provisions of this contract. This includes alleged failure of the Contractor to make
payments to subcontractors.
3. RELEASE OF LIENS AND CERTIFICATE OF CONTRACTOR:
Upon award of the contract, the Contractor shall inform the Owner of the subcontractors and
material sources that will be used. Upon the completion by the Contractor of the
construction of the project, but prior to final payment to the Contractor, the Contractor shall
deliver to the Owner releases of all liens, and of rights to claim any lien, from all
manufacturers, material-men, and subcontractors furnishing services or materials for the
project, to the effect that all rnaterials or services used on or for the project have been paid
for and indicating that the Owner is released from all such claims.
4. PAYMENTS TO MATERIAL-MEN AND SUBCONTRACTORS:
The Contractor shall pay each materialman, and each subcontractor, if any, not later than five
(5) days after receipt of any payment from the Owner, the arnount thereof allowed the
Contractor for and on account of materials furnished or construction performed by each
materialman or each subcontractor.
5. REMEDIES:
A. Completion of Contractor's Default
If default shall be made by the Contractor or by any subcontractor in the performance of
any of the terxns of this proposal, the Owner, without in any manner limiting its legal and
equitable remedies in the circuxnstances, may serve upon the Contractor and the Surety or
Sureties upon the Contractor's bond or bonds a written notice requiring the Contractor to
cause such default to be corrected forthwith. Unless within twenty (20) days after the
service of such notice upon the Contractor such default shall be corrected or
arrangements for the correction thereof satisfactory to the Owner and/or Engineer shall be
made by the Contractor or its Surety or Sureties, the Owner may take over the
construction of the project and prosecute the same to completion by contract or otherwise
for the account and at the expense of the Contractor, and the Contractor and its Surety or
Sureties shall be liable to the Owner for any cost or expense in excess of the contract
price occasioned thereby. In such event the Owner may take possession of and utilize, in
completing the construction of the project, any materials, tools, supplies, equipment,
appliances, and plant belonging to the Contractor or any of its subcontractors, which may
be situated at the site of the project. The Owner in such contingency may exercise any
rights, claims or dernands which the Contractor may have agamst third persons in
connection with this contract and for such purpose the Contractor does hereby assign,
transfer and set over unto the Owner all such rights claims and demands.
B. Liquidated Damages
The time of the completion of construction of the project is of the essence of the contract.
Should the Contractor neglect, refuse or fail to complete the construction within the time
herein agreed upon, after giving effect to extensions of time, if any, herein provided,
then, in that event and in view of the difficulty of estimating with exactness damages
caused by such delay, the Owner shall have the right to deduct from and retain out of
such money which may be then due or which may become due and payable to the
Contractor the sum of FIVE HLTNDRED DOLLARS 500.00 per day for each and
every day, including weekends, that such construction is delayed on its completion
beyond the specified time, as liquidated damages and not as a penalty; if the amount due
and to become due from the Owner to the Contractor is insufficient to pay in full any
such liquidated damages, the Contractor shall pay to the Owner the amount necessary to
effect such payment in full: Provided, however, that the Owner shall promptly notify the
Contractor in writing of the manner in which the amount retained, deducted or claimed as
liquidated damages was computed.
C. Cumulative Remedies
Every right or remedy herein conferred upon or reserved to the Owner shall be
cumulative, shall be in addition to every right and remedy now or hereafter existing at
law or in equity or by statute, and the pursuit of any right or remedy shall not be
construed as an election. Provided, however, that the provisions of the REMEDIES
SECTION sha11 be the exclusive measure of damages for failure by the Contractor to
complete the construction of the proj ect within the time herein agreed upon.
Required Scope of Services
Scope of Work
The intent of this Contract is to obtain complete construction of the Bonnie Brae Substation
masonry fence that will serve as the permanent perimeter security for the substation. The work
being solicited is described in detail in the drawings and Technica! Specification contained
herein, and within the Scope of Work, Exhibit 2, and Appendix A, 8, C. The contract shall
accurately describe the Proposer's understanding of the objectives and scope of the requested
construction and provide an outline of the process to complete the requirements of the project.
Special Notice and Additional Requirement(s):
1. The temporary fence that exists on the Bonnie Brae Substation site is a rental fence. The
Contractor shall be responsible for protection of the fence and for the cost for any
damages to any part of the fence. The Contractor shall obtain a release in writing from
the fence rental company (Lonestar Fence & Supply, 2200 I 35W, Denton, TX 76207)
indicating that the cost for any damages to the fence material has been paid or that there
are no damages and that the City will not be assessed any amounts for damages prior to
receiving final payment.
2. Test ph and moisture content of block wall and prepare surface for two coats of Sherman
Williams Super Paint and one coat of primer/filler recommended by the ph/moisture test
using recommendations in 107.10 and 10836 of the Sherman Williams bulletins on
concrete /masonry surfaces. Color selection shall be approved by the owner.
3. Additional safety precautions shall be instituted by the awarded contractor, as the work
envirorunent will be an electrically energized and any requested outages must be
coordinated with the owner.
4. The Contractor shall be responsible for all spoil removals, and any excess soil that
will require removal.
Exhibit 2
�ec�Znic�CS e�i ic�tion
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September 25, 2012
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Ex�iibi� 2
Denton Municipal Elect�ic
City of Denton, Texas
TECHI�IICAL SPECIF�CATYON
For Construction of
The Bo�n�ie Bxae Su,bstattoxz MasonryFence
RFP #5063
Septembek 26, 2012
ALL �OR� FOR TH�S PROjEC'�` WILL BE ENTIRELY
'WZT���I' AN ENERGX�ED SUBS'I'ATION. 'I'HE STATION
1VZ�[.JST REMAIN ENE�t.G���D �OR THE DURATION 4F
'�'�E PROJECT.
PROJECT WALKTHR4�tJ'GH
A pre-submittal conference a�d walkthrough will be provided for this project. The confe��ence
and walkthrough are noL mandatory, but cazxtxacta�s a�e encouiaged to take advantage of this
oppartunity to be introduced to the project and visit the site. The conference and tivalktl�ough
will be held at the time and locatxon indicated in Section II of the RFP.
PURPOSE
Denton Municipal Electric (City of Denton, Texas) is seaking proposals �.•oxn e�perienced
contractors for cons#iuction of a eoncxete masomy unit and limestone fencs foz the new Bonnie
Brae Substa#ion. The project also includes provision of certain gate posts and gate post
foundations. Tlre substr�tior: is co��apleterl rairt rs erier�ized' and ivill t•ersrairt er2er,�rzed
tfiroa��hor�t the fettee constrt�etiori. There is a temporary chain link fence arotlnd the station
approYimately as indicated on the site plan. TJie �rtaso�trv fe�tce co�rstrt[ciiort will Ge etitir�elv
irtsit�e tl�e ter�a�o�•af�v ferice witlt ifre substatiora e�ter,�ized'.
The Contractor vvill be reqt�u�ed to p�•ovide cextain rnaterials and construct the masonry portion
of the substation perimeter fence as d�scribed herein and pxovide backf'i11, compaction, fmal
grading to rnateh plans and tie-in to surrounding grades, and replacexa�ent vf ea•osion control
feafures to meet the requirer�aents of the SWPPP. The fmal price shall be a luxxip sum price for
a11 p�a.�ts of the project, Construction requirements are described in this speeification and an the
drawings in A�pendix C. Drawings include site plan, grounding plan, grading pl�,n, and fence
construction drawings. The inside of the fence must be coated using a method and co�or
approved by the Owner. The outside of the conczete for the pilasters and grade beams below
the Lueders lirnestone shall be stained ta a point belowv the level of the rrxow strip with a color
approv�d by the ownex. . -
.....: _:..:._:....__.:_..:_ .........::...-_:,_..._.....:_:..:....,..:... .... .
� .: ..:.................._.__._..._ _
Coastructio�'oi#he fence must be completed no later than °January3l, 2.0�.3.:
Bonnie Brae Substation Masonry Fe��ce (RFP #5�63)
September 26, 2U12
Work will be required near ener�ized poi�ver lfnes and electricaY su�OStation busses and
eauinment dur�n� coaxs#xuction of this nroiect. Lines and equipment are ener�izecl at
volta�es un to '72,000 volts, The cant�actor will not be allowed to perform work within 20
feet of any energized powex lin.e or energiz�d substation equipment. In an ef�oa•t to insure
safety, a marked perimeter around the substation equzpment will be erecteci by the contxacto�� as
directed by DME prior to the sta��t of mobilization. The appX o�imate location af tbis perimetez•
is shown on the site pIan. This perimeter shall be cons#ruoted by the conh�actox using di'i�en T-
posts and orange fabiic type fencing and shall be maintained throughout the projecf. The
conhactor sha11 remove the safety perinleter after constrt�ction is complete and the site has
been demobilized. Restoration to original condition is required. The owner must approve the
safety fencing materials and xnethodology.
In addition to substation. equipment, the��e are two hansnussion lines that sezve the substation
fiom the fiansmission line that is loca#ed along #he east side of Bonnia Brae Street. T�ese
incorr�ing overhead lines �vill have to be deenergized �or po1�t'ions of the co�tstruction. T}�e iwo
lines cannot both bc deener�ized at ti�e sa�e time. It shall be the Contracto�-'s
resnonsi�itity to schedute the outa�es �vith DN� xn accordanee with normal ou#a�e
scixeduliu� practices. The Electric Reliability Counczl of Texas (ERCOT) approves all
requests for outages. Their inshuctions �e binding on a11 utilities. Ontage tim.e may be
severely limited during the August to November timeframe. Outages must be rec�uested at
least 12 hours prifl� to the time n�eded, ��: sonae cases, outages may not be possible at the
times desi�•ed oa• the outage rnay have io ba taken duz•ix�g mo�ning hours anc� terminatec! by Iate
moiming because of loading, DME will make the raquests and administer the outages based on
requests from the Contractor. The Contractor shali be responsible for cooz•dinating requests for
outages in a tirnely manner. The Cont��actoa• shali not be entitled to additional cozx�pensatian
should outages be denied, be required to be at iimes diffexen# than requested, or require work
outside normal business hours.
'�'he fezzce consttuction sha11 co�sist generally of, but not be limited to, the following items:
l. Labor, eqlupment, foi�ns, void boxes, eoncrete, rebar, cui7ng campounds, finis�ing
material, concrete masanry units (CMU's), steel reinforcement, mortar, grout,
colorants, joint sealants, Cadweld mate��ials, additional silt fence material, and a11 other
items necessary to e.ccavate for and const��uct the substation fence in accozdance with
the speciiications and dra�vings. All �naterials, rock pattei�, and grout colo�• az•e to be
apprcoved by the Owner,
2. Installation of gate post foundations and ce��tain gate posts io be imbedded in
foundations.
3. Removal of excess spoil from the site on a continuous basis shall bc acconnplished by
the awaz•ded Contraetor, Sufficient spoil for backf ll and compacting activities may
be maintained on site.
4. Grade adjustments along the fence li�e as needed to co2rect ihe impacts of px�eviaus
grading and erosian and ai��ange for iinal grading.
5. Installation of Own.ez• fiirnished Lueders limestone on the e�terxor and tap of the fence
and �aound pilasters as indicated on the dzawings,
6. Routing existir�g ground grid conductors through the new �ence foundation and
installing banding jurnpers as indicated on tha drawings. This irzcludes locatit�g
existing ground conductors and repair of any damage to the grounding grid duxing
construction.
2
Boi�ifie Drae SubstatIo�� Masonry �ence (lt�'P #5063)
Sepiember 26, 2012
7, Sealing and coating the in#e;�iox of the masonry fence in a color to matck� the liinestone
veneex•, The colo�� is to be approved by the Owr�ez•.
S. Repau•, cleanup, and restoxa#ion of the site after the f�nce is cot�aple#e #o include
backfill, grading, and compacting to match final fence and siie plan gra�es and tie-in to
sur�•ouz�dir�g exis#ing grades, and restoratiarz of the eroszoz� con#rol fence and other
featur�s if requi�ed to eomp�y with the SWPPP.
All items not specifically called out in the specification or on the d�•awings as provided by the
owner shall be provided by the Contractor to complete the work as deseribed herein.
The Owner will provide the following;
1. Substation construciian �
2. Concrete drives
3. In.itzal grading and compaction of the a�•eas whexe ihe £ence is to be installed. �
�. Luedezs liznestone and wa11 and pilast�r caps fo�• wall const�uction.
5. Three ga#es and gate installation with the exception of the gate posts as shown an the
d�awings near the gate pz�astez�s
6. Copper grouncling r�uire
7, Refei�ence line monuments and zeference elevation.
8. Con.cx•ete testing
9. Compaetion testing
10. Gravel far the inside of the substation after the fence const�•uction is completed
11. 7nspection
The Ownei• reserves the zight to extend any or all project dates specified hea•ei�, or ta cancel this
RFP altogether.
RFP's must be delivered to the City of Denton Purchasing Department as inst� ucted in the 12�'P
insh�uctions. �,11 post ativ�rd technical corres�aondence, technical questions, drativings, and
transmittals sha11 be duected to:
Mn Chr�ckSears
Denton Municipal Electric
1b59 Spencer Road
Denton, TX 76205
Phone; (94Q) 349�7111
k'a�: (9�0) 349-7334
P�.(�J�CT I.,OCATION
OR Mr�. Brerzt Het�t�t
� Denton Municipal Electric
1659 Spencer Road
Denton, TX 76205
Phone: (9�0) 3�-9-7180
Fax: (940) 349-733�4
The projeci is located at 1221 Bonnie B�ae, Dentoz�, `Z'exas 76201, This location is
approximately one mile �ast o��r�tex�state 3S on Bannie Brae appxoxizziately 800 feet south of
University Drive. Appenc�ix A contains a general site locatian map
Bonnic Brae Substation Maso»r}� Fence (RFP #50G3)
CE�1'ER.A L
I. Dafinitions
Septembcr 26, 2012
A. The te�xn "Ownez•" shall mean The City of Dentori and their duly authorized .
repi•esentatives, namely Denton Municipal Electtxc (DME), as we11 as any persous
in whom or a�thority in �,vhich may be vested the duties and �unctions which the
"Owner" is notiv autho�7zed by law to perfo��rn,
B. The term "Engineer" shall mean fiie Engineer employed by the Owner to �rovide
engineexing sez�v�ces �or the Proje�t, and said Engineer's duly authorized assistants
anci representatives.
C. The term "Su�erviso��" and or "Obse�•ver" shall mean the person, if any, appointed
by the Owner to be the "on-site �•epresentative". The term is limited to such special
representative of the Owner, if any, �vho is rasponsible exelusively to the �wner,
D, The term "Contractor" shali mean any entity t�at xs submitting a bid for the
constiuctian of the project, and subsequently, the entity tk�at as selected to constrlict
the pz•oject in accordance with the plans, specifications, a�.d constructia�a dxawings
provided.
E. The te�m "Pro,�ect" shall mean the ca�struction of the work clescribed herein and on
t�e project plans and construciion drawings.
F, The term "Completion of Construction" shali mean fi�ll pez�azmance by the
Conhactor of the Contractor's obligations under the Contract and all amendznents
and revisions the��eof except the Contractor's obligatians in respect of (1) Release of
Liens and Ce��tificate of Contractor under PAYM�NT AND RET.EASE OF
LIENS hereof, (2) the inventory requuements in PARTICULAR
UNDERTAI�NG� OF THE CONTRACTOR hereof, and other final documents.
G, The term "Completion ofthe Project" shall mean full per£oaxrxar�ce by the
Contractox• of the Contractor's o�iigatians under the cont�act and all amendxr�ents
anc� revisions thereof and when f nal payment is made ta the Con�ractor.
II. Conflicts in Documentatinn
In the event ti�at conflicts aze discovered be#ween ihis Technical Specifcation and the
RFP inshuctions, the moie restrictive staterr�ents shall apply.
I�I. �vaY�iation and Award
Evaluation and award r�vill be in accorda�ace with RFP Section V.
Companies thnt have haci serious accidents or near misses or for which there i� actual or
anecdotal evidence of poor perfoi7nance, poor safety practices, lack of �e�•foxmance, or
�any other seriaus prob�e�s o� any kind will be disqualified.
YV'. Complete And Functional Canstruction witla New Matexia�
Yt is the inten# of this specification to require the complete and fii11y fiu�ctional
construction of #he Bonnie Brae Substation perimeter fence as describeel in this
Boni�ie Brae Substation Masom�y Feiice (RI�P #5063)
SepteuxUer 26, 2012
specx�caiion. The piice must reflect this requirement. It is not possible to specify or
describe every detail of wo�•k xequi�ed to complete a project of this nature or to pi•edict
a11 p�•ab3ems that ani.ght be encountered. Neither is it possihle to guarantee that the
grades az•e exaci to the infoi�'natian on the Grading Plan. The successfiil Contraetor will
be required to provide all labor, specified rnateiial, and incidental items necessary to
undertake the construction and compiete the p�•oject, as described herein, resulting in a
fully funct�ional fence tha# perfo1�ms to its intended purposes, N�ino� omissions from the
specif cation shall not ��elieve the Contiacto�� from the obligation ta provxde a completed
project that is fully functional as intended by the.Qwner, Failtire of this specificatian
to desci7be each detail or inciden#al item necessaz•y to a complete and functional project
shall nQt entitle the Con#ractor to additional charges. EYampies of items that will not be
considered as basis fo�• claims for additional cost are, but sball not be limited to, ininor
re�ocations, deaiing with unexpected problems in excavating for foundations, minor
ckanges in the grading plan, differences in the actual surface of the site fiom that shown
o� t�e gz•ading plan, reasonable weather delays, site cleanu�, etc. Further, all tivork
shall be pezfo��ed and compieted in a tkorough and workmanlike manrzer and shall
follow the best modei�n recognized praetices, notwithstanding any oznissions from this
speci�'ication. A11 matex-ials pzovided by the Contractor for this pro,�ect shall be new and
shall be installed in aeeordance with manufaeturer's standai�d reeommended p�actices
unless o#her guidance is contained herein. Materials pxovided by the Contractor shall
be of the highesi quality with the goal in mind that the objective is.to canstruct a
masor.�y peximeter fence that will have an e�pected life in excess of 50 years,
V. Site Conditions
The Co�tx•actor is responsible for properiy accoitnting for si#e and excavati�n conditions
in proposai priees. Fottr geotechn�cai boring logs are included in Appendi:� B fo�'
reference and are believed to be repz•esentative of the conditions that wili be fouz�d on
ihe site, but there is na guaranta� of what m.zght be encountered during excavation. The
fu11 geotechnical bo37ng report is �vaila6le for viewing upon request. Une�ected
conditions in excavation wiil not be considered basis �or a cost adjustment.
The�•e axe a�o knawn underground utilities on the site; however, there are no guRrantaes
as to r�hat znay be discovered�di�ring exeavation. This does not relieve ti�e Contractor
fram the obligation to obtain underground lacates p�ioi• to any excavation.
VI. Work Reqitired Near �nergizeci Lines, Busses, and Eqi�ipment; Protection a�
Facilities; and Location of Undergratind Lines
Denton Municipal Electric is a municipally owned electric utiliry whose business
purpose zs to transmit, disti7bu#e, and sell elect�icity, The Bonnie Brae Substation
foiYns an esseniial part of the infi•astiucture necessary for operation of the electric
utility. Na work is required on energized lines for this project; howevei• the Contractar
is hereby noti�ied that #here are energized electric powe�� liz�es, equi�ment, and buswork
on and around the Bonnie Bxae Substa#ion site. Appropriate precautions are xec�uired to
prevent workers, tools, or �quipment beang placed or operated closer than ttiventy (24)
feet from any elect�zc power line, si�bst�tion bus Qr si�bstation. equipment with exposed
eiectrical parts. Further, there are enexgized pad mounted electrical devices and
Boiinie Brae Snbsta#ion Masonry T+e�zce (RFP #t5063)
September 26, 2012
energized underground conductors in various lacations on the site. The contractor is
responsible for protection of all overhead and underg�•ound facilities and devices within
and around the substation. 4btaining location infot7nation for all underground facilities
� is the responsibi�ity of the Contractor.
VII. Coznpdiance w3tli Stahites Rnd ReglrIatioz�s.
The Conh•actor shall comply �viih all applicable statutes, ordinances, rules, and
regulations pertaining to the work. The Contractor understands that the obligations of
the pai�ties hereunder are subject to the applica�le regulations and oxdex�s of
governmental agencies having jurisdic#ion in the premises.
VIII, Standard af Work aud Codes and Standards.
A. All �ork sha11 be c�one in a thorough and workmanlike mannar in accozdance with
the plans, speciiications, and construction d�•awings and aIl applicable codes and
regulations.
B. The x•equiz•ements of the National Electrical Safety Code, ANSI C2, latast edition,
shall be folXowed wherever applicable to the work, e�cept where local regulations
or speci�cation z•equi�•exnents a��e more shingent, in which case the more stringe�t
xeqt�irements shall govern.
IX. Drawings and Appendices.
All di•a�,vings, maps, and other dacuments contained in appendices or otherrvise
accompanying this speci%cat�on ox listed herein shall be considex•ed a part of ihese
speci�ca#ions, The fallo-wing is a list of appendices:
Appendi� A: Site Location Map
Appendix B: Geotechnieal Baring Logs
Appendix C; Drawings: Site Plan, Fence Plans, Grounding Plans, and Gaading Plan
(Drawings; EL�1, WDOI — WA08, GRO1-GR02, GDO1)
X. Locatio�is af Facilities, Surveying, and Stal�ing.
Facilities sha11 be located and constructed as indicated on the plans and details included
as part of this specification. The Contractor shall be res�onsible for locating the fence
on the site as indicated on the drativings. The �wner has reference line monuments in
the station as shown on the Site PIan. The elevation of #he existing ix•ansfaimer pads
shail be used as #he reference elevation fo� construction of the fene�. All refe��ences or
tem�orary or permanent benchma�ks shall be protec#ed. Subsequent replacement of
references or the elevation benchinazk reference, if required, shall be at fhe Contractor's
expense. The Contractor shall be responsible for proteetion of ihase references and a11
g�•ade and facility su�•veying and staking fiom these ��eferences. The Contractor shall be
xesponsible for checking the Iocatzons of sti�.ctures and other facili#ies to be installe�
and repo��ting any disci•epancies to the Ownex foz :resolution prior to construction. Any
actians necassary to resolve incoi�ect placement of foundations o� o#her facilities .
Bor�nie Brae Substation Masonry Fence (RFP #5063)
SePtember 26, 2012
constructed by the Contx•actox that axe nat in accordance �vith the plans and
specifications shall b� at the Contractor's expe�se. This sha11 include problems
discovered in the completion phase ofthe project that are a result of ex•zoxs by the
Contraator.
XT. Safety Reqi�i�•ements
The O�vner considers safety to be the h:ighest core value and priority. The goai is for
zero incidents or inju�7es. The same goal is eYpected oi con.tractors and subcantractors
ihroughout the praject. in submitting a proposai, the Cantractor is agreeing to pursue
the ruork with the highest degz•ee af regaxd for all aspects of safety in ihe prosecution o�
the project. The Contractoi• fui�ther agrees that the Owner, or any designated employee
or representative of the Ownez, has the right to stop work at any time that it is believed
that there is, or could be, a compromise to safety; anc�, that in the case of such a work
stoppage, the Contractor will not be al�owed to continue the work until the cozxap�•oxnise
to safety is resolved to the satisfaction of the 4wne�•. Any work stoppage far reasons of
safety will not be considered as basis for a claizn foz• ac�ditional �unds.
A. The work shall be performed in accordance with all applicable fedeaal, state, and
local safety regulations and in accortiance with all Owner safety po�xcies. The
contt�actox� shall con�ply with a11 �•easonable safety rec�uuemants hy the Owne�.
B. The Cont�actor shall be responsible for the observance of propez� sa�ety pi•actices
and ihe avoidance of un�ecessary damage to property by all personnel engaged in
the �vvork.
C. The Cant��actor shall take all steps necessary to prevent damage to or interfex•ence
with existing potiver lines, communication facilities, roadways, railroads,
waterways, buried cables, pipelines, fences and othe�• facilities adjacen# to or
c��oss�x�g the project right-af-way.
D. Neither the p��ofessianal activities of th� Engineer, nor the presence of the Engineer
and/oz� Ownei or the Engineer's and /or �wner's �mployeas and sub-consultants at
the construction site, shall relieve the general Contractor and any other entity o�
their obligations, duties, and responsibllities including, bzit not limited to,
construction means, methods, sequences techniques, o�• pzvicedures necessary for
pe�•forming, superintending, or eoordinating all poi�tions of the wo�•k of consfructian
in acco�•dan�e with the cont��act doelunents and anq health or safety preea�itions
requu•ed by any regulatory agencies. The Contxactoz• �grees that he is solely
responsible £'ar job-site safety, and warrants that this shall be made evid.ent in the
Own.e�•'s ag�•eemen# wi#h the Contractor. The Contracto�• also agxees that the
Or�mer, the Engineez and the Engineex's consultants shall be indemnified and shall
be i�sured under the Cont�actor's general liability insurance policy.
E. The Contractor shall be responsible for cita#ions and iines i�riposed on the
Cantractor fiom ai1 sources.
�. The Contracto� shall ensuz•e that �roper personal protective equipment (PPE) is ��se
at all time �buy all employees o� site. As a minimt�m, #his s1�a1� consist of hard hats
safety glasses, leather work l�oots, and appropriate work cloths.
Bonnie Bi�ae Substation Mason��y �'ence (RFP #50b3) Septcmber 26, 2012
G, The Qw�.er rese�•ves the right to conduct randozn safety inspections.
H. I7aily tailboarc� confe�•ences shall be conducted by the Contractor and documented
as to topics covered and persoru�el attending (indicated by szgnatt�re and printed
naxn�). Anytime there is a change in the work to be accom}�lished or additiar�a� �
personnei aie assi�ed to a wor� cz�ew, another tailboarcl conferenee shali ba
conducted, Documentation of tailboard discussions sha11 be provid.ed to the Owner
upon �•equest. �
I. AIl on�site personnel are required to attend weekly safeiy meetings. Documentation
of ineeting content and attendance shall be provided to #he �wner.
J. Timeliness of injuiy notification — injuries, accidents, near misses, and damage to
equipment shall be f•eported to the Owrzer immediately after accur�ence, The
Contractor shall conduct an investigation and provide a wz•itten report ta #he Owner
wi#hin 48 hours of an.y of the above types of incidents.
K, Return to wox•k procedure — When an employee of the Contractor is injured and the
injury requires of� site medical attention, it is requi�ed that the emplo�ee have a
ret�irn ta work authorization signed by a licensed naedzcal p�•ovider stating that the
employee is cleared to return to woi•k wi#h or wzthout li_mitations. T'he Contr�ctor
may a�sa be requi�ed to complete a root cause analysis that clearly defines the cause
of the incident and the methods that wi21 be instituted for preventzon of �•ecurrence.
The Otivnei z•esez•ves the �•igk�t io requi�e that this root cause analysis be completed
before resurning the �vork.
XII. Locating Underground Utilities.
There are significant undergrourzd facilities located within #he project area. The
Contrac#or is responsible for obtaining all rec�uired locations for underground facilities
px•zox� to any excavation. Should unloca#ed, or incarrectly located, t��.dezgi•oiind utilities
or other sfxt�ctu�•es be encountered during excavation, the Contractor shall consult with
the Owner immediately to deterzx�ine a couzse of action. The Contractor shall cooparate
with all par�ties in resolving any problem�s discove�ed and in keeping any utilities
services in operatian to tlle greatest ext�nt reasonable while altex�native solutions are
innpiemented. The Cont��ac#oi shall be responsible for repau• of darnaged underground
facilities where the Cont��actor has failed to obtain proper locates prior to excavation.
Any repairs rec�uired shall be done to the satisfaction af the Owner. The cantrac#or is
he�•eby notified that location of ground grid conducto�•s is not alwa}�s posszble without
excavation. The gxound grid drawings sh�w the approximate locations of the ground
grid conductors. The Owner warrants no fii3�ther location for these conductars, and tl�e
contractor sha11 be responsible for repair of alI damaged ground gxid or otl�er graunding
conductox•s whethe� located pi operly or not and tivhether ar not they are shown coxxectly
on the drawings.
Bonnie.Brae Substation Masonry Fence (RFP #5063)
XIII. As Built Drawings.
Se�tcmber 26, 2412
At ti�e completion ofthe pxoject, the Contractoi� shall supply the O�rmer rvvith a set of red
lined "As Bu�lt" dz•awir�gs tha# show all changes frarn. #�Ze original plans and drawings,
XYV. Errors and Omissions b� the Contf•actor
Na payment shall be made ta the Contractor for materials ox• labo�• zequiz�ed to conect
ei�ors or omissions on the pai�t of the Con#ractor. Payments sha11 not be made for work
found not to be in accordance with the plans and speciiications.
XV. Woxl� �taging .Areas.
The o�iter axeas of the Bonnie Bz•ae Substation site znay be used as a staging area. If the
Coniractor rnust use private land �'oz• stagzng or othex cQnstruction puiposes, the
Contracior shall maka all necassary arrangements �vith the la�downez• and sk�a11 pay all
rental ar other costs. Any land, vvhether belonging to the City of Denton or to a pa•ivate
landowner, used for s#aging or other const��uctian purposes s�all be thoroughly cleaned
after use and restored to a smooth surface free o� iuts and reseeded if appropriate. The
Contractor shall provide a release in writing frotn the owr�er o� any facilities used for
storage or staging indicating that all amounts owed have been paid and ail zes#oratxan
has bean corripleted. Retainage tivill not be paid until such i�eiease has been provided to
the Owner.
XVI. Security
The O�vner tivill not be liable for any damage, theft or vandalism that occuzs to the
contractor's equipment on the substation or any stagirig site. Once �wner supplied
�nate�•ials are issued to the Contractor, the Conh�acto� shall be resp�nsible for damage,
theft or vandaliszn of the materials regardless of where #hey are stored,
XVII. �torm Water PoIIu#ion Prevention Plan Compliance
The Contracto� sha11 comply with all aequrrernents contained in the Stoi�n �Vater
Pollution Prevention Plan (SWPPP) t.hroughout the project and shall �maintain all silt
fences and drainage restrictions placed for the plan. The SWPPP is availabie for
viewing at tne 4wner's office.
XV�I. Constrnction Po��er.
Constiuciiox► powe�• (12Qf240V single-�hase sexvice} wi11 be �nade available at the
project sita at no cos# to the Contractor.
XTX. Portable Toilet
The Owr�er will pzovide a sir�gXe "po��-a-potty" type faciliiy on site. The Contractor
shall pro�wide any additional portable tailet facilities as necessary to accom�nodate
Contractor pers�nnel,
Bonnie Brae St�bstation Masonry Fe�ice (RFP #5063)
XX. Site Waste and S�oil Management and Cleanup
Septen�ber 26, 2012
During the caurse of #he project, from b�ginning to e�.d, the Cont�•actok sl�all maintain a
continuous wasted manageznent and cleanup program. All wasta material shall be
contained or stackpil�d daily before leaving the site. Non-masonry waste, r�vhether
generated by the project or by employees of tha Contractor, shall be contained daily in
a dl�xnpster or othea� container and removed from the site at least wee�Cly. This type of
�vaste shall not be left or allowed to,acci�mulate outside the vvaste container beyond the
end af the day. Pallets may be stacked for later removal unless they axe dam�ged o�
inte�zded £oz tivaste. MasonT.y waste shall be stockpiled claiiy, in a si�gle location
suitable to the �wr�er, foz• disposal at intervals or at the end of the project. Spoil fram
excavation for the piers and grade bears�s shall be stockpiled daily in a single location
suitable to the �wner, With fhe exception of any unused zock remaining after
coznpletion of construction, all trash or unusable d�bris generated by the Contracto�
shall be disposed of in. a mamzer suitable to the Qwner and at the cost of tlae Contractdr.
The Co�tx•actoz• s1�aI1 dispose af excess spoil froni excava#ion.
For the piuposes of ihis section, rough backfill around cotnpleted work shall be
considered as part of the daily cleanup requi�•eznent. k'ai��i�•e to backfill poses a safety
hazard to the wori� area and to the public.
The project will not be considex•ed complete �ntil the requirements of this section are
comple#e,
Failux•e to co�np�y with the reqiluements of tlus section at ihe end o:F the day wi11 result
in a mandatory work stoppage ox� the following day until the cleanup is comp�eted and,
at the option of the Or,vner, result in a fo�•�eituxe by the Contractor of $100 per ciay pe�•
occuix•ence to be deducted fiom an� pa�ment due o� fzo�n an.y �uhire pay request.
Exceptions will be g��anted wk�en weathe�� makes cleanup problematio. The Ownex must
approve exceptions in advance,
XXT. Acceptance
After work has been co�npleted, the site will be inspected, at the expensa of ihe Owner,
to detei�snine whether the requuements of these specifzcations have been fulf�lled. Final
payxr�eni under tlie contract will not be made until this inspection is completed and the
Owner is entire(y satis£'�ed with the construction, as related to tha Contractor's work, ail
test repoi�ts a�e furnished, and excess Owner fi�inished material is reiurned.
Cil��►� 1_�_'. -i�� �]�I
X. Time and Manner of Constr�iction
A. The Contracto� agrees to commence constxuction of the projeci a� a da#e
(he�•eanaftex called the "Commencement Date'"). Commencement of work shall be
within 14 days after award of the contract, Award is an#icipated to be betweex�
November 13ti', 2U12, dep�nding on City Council zxxeeti:�g dates, The Contractor
further agrees to p�•osecute diligently and to complete construciion in st��ict
10
Bonnie Brae Substation Masonry I'ence (R�'P #5063)
September 2G, 2412
accordance with the plans, specifications, and construction drawings by Ja�auarS�
31st; 2013: .
B. The time for completion of construction shall be axtenc�ed for the period of any
reasonable delay which is due exchisively to causes beyand the cont�ol and without
the fault of tha Contractoz, including acts of God, fi�•es, floods, ir�ability ta obtain
materials, and acts or omissi�ns of the �wner with respect to matters fo�• which the
O�,vner is solely responsible. Provided, however, that no such e�tension of time for
completion shall be granted the Contractor unless within five (S) days after the
happeni�zg of any evernt xelied upon by the Cbntractor for such an extenszon,
Contracior si�all have made a request therafore in �vriting to the Owner, ancl
provided fixrther that no delay in such tirrte of completion oi• in the p�•ogress of the
woik which results fiom any o� the above causes except acts or omissions of the
Owner, shali resillt in any liability on t�.e part of the Owner.
C. The Cont�ac#or shall submit a sec�uence and intended sckedl�7e for construction as
saon as p��actical a#te�• the notice to proceed is given. The Owz�ez shall approve the
sequence of construction. .
D. The O�vner may fi•om time to time during th� progress af the construction of the
project make such chan.ges, additions to o� subtracdons fiom the plans,
specif'icatians, cflnstxuction drawings, list of materials and sequence of constiuction
pz•ovzded for in t1�e p�ev�ous paragrapl� as condifions may waixant. If any change in
the constcuction shalI require an extension of time, a reasonable eYtension will be
granted if'the Coniractor shall make a�vi7tten request to the Owner within five �5)
days after any such cha.nge is made. If ihe cost to the Contractor for constxuction of
the px•oject shall be znate�ially incxeased by any such change or addition, the Owner
shall pay the Contractor for the raasonable cost thereof in accoz•danee with a
construction contract amendment signed b� the Otivner and the Contracto�, but no
claim for additional compensation for any sucl� change or addition will be
cansidered llnless the Contractor sha1l have made a written xequest and abtained
appz•oval therefore to the Otivner prior to the eorr;rnencement of wo�k in connection
with such change or addition. Such request must demonstrate to the saiisfaction o�
the ��vner the reasons for the cost change,
II. Environnemental Protection.
The Contractor shall perfo��n work in such a manner as to maximize preservation of
beauty, conservatian of naturai resources and minirnize ma�7ing and scaz7ing of the
landscape and silting of st��eams. The Con#ractoz� shall not deposxt ixash in s#x•eams oY
waterways, and snall not cleposit herhicic�es or other chemicals or theii• containezs xn� oz•
near streams, rvaterways or pastures. The Contractor shall foilow, under th� general
dzxectio� of the �wnex and/or Enginee�•, the cz�iteria relating to environmental proteetion
as specified herein by the Owner anci/or Engineer.
III.� Acceptance by the Con#rac#oi•.
11
Bonnic J3i�ac Substation Masonry �+euce (RFP #5063)
September 26, 2012
The Contractor agrees tha# in the event his proposal is accepted, he will make avaiiable
for use in conxzection with the proposed const��uction all necessa�y tools az�d equipir�ent
and qualified superintendents, foremen an.d workmen.
IV. Supei-vision and Inspection.
A. The Contractor shall cause ihe construction woz•k an the project to receive constant
s3�pex•vi�sior� by a competent superintendent employed by the Con�xactor (hereinafter
called the "Supex•intez�dent"} who s1�a11 be present at ail ti.mes during wo�•king hours
where construction is being ca��ied oz�, The Contractor shall also employ, in
cannection wiih the cansh•uctian of the project, capab�e, expexieneed and reliable
foX�err�en and such skilled warkmen as may b� required for the vaxaous classes of
work to be pe�•formed. Di�•ectzons and instructions given to the Superintendez�t sh:al�
be binding upon the Contractor.
B. The Owner reserves the �xght to observe, di��ectly or through an independen.t
inspection, engin�ering, or test��ng fi�•r:�, the activiiies of the Contractor and to
require changes #o p��ocedures that, that in the Ownex's or his representative's
opinion, do not meet the requuem�nts or in#enis of this specification.
C. The Contrac#or shall plan and coordinate the work with the Owner such that notice
and opporiunity is affordeci for inspection. As a minimum, a11 eYCa�ations shall be
inspected before concrete or backfill is placed; all elevations shall be verified prior
ta pouz•ing concz•ete; and placement of undergrouncl conduits and grounding shall be
inspected prior to t�eing cave��ed.
D. Tl�e Owner xesex•ves the righi to reql�ire fihe removal from ihe project of any
employee of the Contracto�� if in the ji�dgment of the Owner snch iemoval shall be
necessaiy in order to piotect the interest of the Owner. The Owner, Engineer or the
Supervisor has tlie right to suspend the work wholly if the Cantractor or any of the
Cont��actor's e�nployees are being abusive or in any way trying to intixnidate the
Own�r, Engineer or tl�e Supet•visox, If woi�k is suspended due to this provision,
there will be a meeting with the following entities �•epresented to resolve and correct
any problems; the Supe�•visor, the Engineer, the Contractor and the Con#��actor's
Suz•ety. Tk�e Cont�•actor shall not be compensated monetacily az by extension af
completion date if the wox�C on the project is suspended due to this provision. The
O�vner, Engine�r or the Supex•visox•, i£ ar�y, shail have the right to requiie the
Contractar to increase the number of its employees and to increase or change th�
numbez• o�• kind of tools and equipment if at any time the pxogress o�the wark shall
be unsatisfactory to the Owner; but the failure of tha Own�r to give any such
di�ec#ions shall not reli�ve the Contractoi of its obligatio�is to compl�te the work
within the time and in the manner specified in this p�•oposal.
E, '�'he manner of constiuction of the project, and all materials and equipment used
therein, shall be subject ta the inspectian, tests and approvai of tk�e Owner and/or
Engineer and the Contractoi• shall fiu�nish all infarmation requir�d by the Otivt�ez
and/or Engineer concerning the nature or sou�•ce of a�y m.atexials inco�po�'ated or to
be incorporated in the p�ojec#. Tl�e 4wner anc�lor Engineer shall have ih.e xight tv
inspect all payralls, in�voices of materials, and other data and records of th�
Cont�•actor and of any subcontractor, rele�rant to the constz�.zction of the praject. The
12
Bonnie Brae Substafion Masonry �"ence (I2�'1' #5063)
Septembcr 26, 2012
Cantrac#oi shall provide all i•easonable facilities necessa�y for such inspection and
tests an.d shall maintain an offic� at the site o�tk�e pzoject, withtelephone se�vice
�vhere obtainable (znobi�e phone accep#able), The Contractor shall have an
authorized agent accompany the Ownei ancUar Engineer whcn iinal inspectian is
rr�ade and, if xequested by the �tivnar, when any othex• inspeciion is made,
F. In the event that the Owner or the Engineer sha11 dete�mine that the const�•uctzon
contains ox• nnay contains defects, it shall be the duty of the Contractor and the
Contractor`s surety or sux•eties to have an inspection made by an Engineer approved
by the Owner, for the purpose of detexxnining the exact nature, extent and locatian
of such deiFects,
G, The Engineer may recommenc� to the �r�cme�• that the Con�iactor suspend the wai•k
wholly or in pa��t for such period ar periflds as the Engineer may deem necessary
dtte to unsuitable weather or such other conditions as are considered unfavorable fo��
the satisfactoty prosecution o� the work, excessive right-of way damage, or because
of the iailure of the Contractor to con�ply with any of the provisions of the contrac#;
Provided, however, that the Confiac#or shall �ot suspend work pursuant to this
p�•ov�sxon without verbal authority fi:�om. tha Owner #o so do. If verbal inst��iction is
given, it shall be verified within twenty-fouz• houxs by written riotification fx�oxn the
O+�vner. The #inae of co�p�etioii herein above set forth shall be iticreased by the
number af days o� any such suspension, except �vhen suspensian is di�e ta the
failure of the Conf�•actor to comply with any of the provisions of this cQntract. In
the event thai work is suspended by the Contractor with the consent oFthe Owner,
the Contractor before resiuning work shall give the Owner at le�►st t�venty-four (24)
hours notice.
V, Defec#ive Nlaferials and Workraansl�ip,
A, The acceptance by the Ownez• ox• the Engineer of any mate�•ials, et�uipment
(including owner-fu��nished materia�s} or any warkmanship shall not pxeclude the
sulasec�iienf rejection thereaf if such materials, ec�uipment, or workmanship shall be
found defective aftex• delivery or installation, and any such materials, equipm.en# ar
workmanship found defectzve before fmal acceptance of t�e construction shall be
replaced or remedied, as the case may be, by and at the eYpeztse of the Contractor.
Any such condemned material or equi�ment shall be immediately removed fi•om the
site of the Project by the Co�tractor at t�e Con#ractor's expense, The Contraetor
shall immediately notify the Owner, Engineer, or Supeivisor of any damage thaf is
caused to any Owner furnished materials due #o accident or negligence. If the
Owner deer�s it necessary, the damaged material sha11 be replaced by the
Contractor at Contrac#or's expense. The Cont��acior shall not be entitled to any
payment hereunder so long as any defective materials, equipinent o� �vorkmanship
ir� xespeci to the Project, of which tk�e Con#raetor shall have had notice, shall not
have been replaced o�� ren�edied, as tha case znay be.
B. Not�vithstanding any cei�tificate which may have been given by the Owner or the
Engineer, if any m�aterials, equipment (except Owner-fuinished matei7als) or any
wo�•kmanship �vhich cioes not comply wi#h #he requirements of this Contract shali
be discovered within one {1) year after completion of construction of the praject,
13
Bannie Brae Substatian 1Vlasonry I+'ence (R�P #5063)
Septeniber 2G, 2012
the Contractor shall replace such defective materials oi equipment or remedy any
such defective workmanship within thirty (30) days aftez notice in writing of the
existence t�Zexeo� s�a11 have been given by the Ovcvner, In the event of failure by fhe
Contracior to do the requested carz•ectxoz�, the Ownez may replace such de%ctive
materials or equipment or remedy such defective wo��nnanship, as the case may be,
and in such event the Contractar shall pay to the O�vner tha cost and expense
thereo£
INV�ICES, PAYNIENTS AND RELEASES
Invoices, payments, anc� releases shall be in accordance with infot•mation in the RFP sectians
vr a�a v�zz.
GENERAL REQUIREMENTS OF THE CONTRACT�R
I. P�•otection to Persons and Praperty
A. The Cont�actor shall at all times take alI reasonable precatttions for the safety of
employees on the work and of the public, and shall comply with all applicable
p�•ovisxons of fede�al, state, and municipal safety laws and 6uilding and construc#ion
codes, as well as the safe#y i�iles and regulations of the Owne�. All machinery and
equipment and other physical hazards sk�all be guarded in accord�nce with the
"Manual of Accident Pravention in Constructioz�" o�the Associated General
Contracto�s of Amei�ica unless such instructions are incon�patzble with federal, state
or m�uzzicipal Iaws o� regulatzons.
B. The following proviszons shall nat limit the gene�ality of the above �•equirements:
1. The Contractor sha11 at no tin�e and under no ci�•cumstances cause or permit any
ern.ployee af the Contractor ta perform any work upon enexgized lines, or upon
poles cat�ying energized lines.
2. The Contractor shall limit the rnoveznen# af its crews a�id equipment so as to
cause as little damage as possihle to access ways and areas adjaeent to the
project site and shall endeavor to avoid mai�ing the lands. E;�cept foz• access by
public roads #o the Bonnie B�•ae Substation site, the Contractor shall con�'ine all
activities to land. owned by the City of Denton that are part of the Bannia Brae
SIlUStc�t1011 51te. Damage to adjacent prope�ties sha11 be the responsibility of the
Contraetor. The Conhactot shall be monetai�ly responsihle to ihe Landowner
for any damages to adjacent property. The Owner will settla damages with the .
Landowner and deduct si�ch seitle�nent from any £unds due the Contractor, if the
Contractai� does noi seitle danlages with the Landowner wi#hin thit�ty (30) days
after si�ch daznages occu��ed and beeame known to the Landownex•, Owner, ox�
Contractor.
The project, fi�om the commencement of work to completion, ox to such earlier
date or dates when the Owne�• z�ay take possession and control in whole ar in
part as hei�einaf�er provid�cl shali be urzder the chazge and controi of the
Contractor and du�•ing sueh period of contxol by the Contractor all r�s�s in
connection �with the construction o:f #he project and the materiats to be used
therein sha11 be borne by the�Cpntractor. The Contxactox sk�a11 make good and
14
Bonnie l3rac Substatioia Masonry I+'euce (I2FT #5fl63}
September 26, 20I2
fitlly repair all injui7es and damages tfl the project or any pot-tion thereo� under
the control of the Contractor by z•eason of any act of God or othe� casualty ar
cause whether or not the same shall havs occuz•red by x�eason of the Contracto�•'s
negligence. The Conirac#oz• shall hold the Ov�rner harmless from any and all
claims for injiuies to persons o�� for da�nage to praperty happening by z�eason of
any negiigence on the part of the Contractor ox any of the Contractor's agen#s o�
employees during #he control by the Contractor of the project or any part
thereof.
4, The Contractor shall remove any and all unusable, x•ock, debris, underbrush and
o#her useless mateixal fi•om the site of the project as rapidly as practicable as the
work pi�ogresses. �
S. Upon violation by ihe ContractQr of any of the provisions of this section, after
written notice of st�ch vioiatio� given to the Contracior by the Owner, the
Contractor shail immediately eozyect such violation. Upon failure oithe
Contractor to do so, the Owner may correct such violation at the Conhactor's
eYpense: Provided, however, that the Owner may, if it deems it necessary or
advisable, eo�rect such vialation at the Co�t�actoz•'s experise without such prior
notice to the Cont�•actor,
6. The Cont�actor shall submit to the Owner monthl.y repo�•ts in duplicaie of all
acaidents, giving such data as may be p��escribed by the Owner.
II. Del�veiy of Possessiou and Control to O`�vner.
Upon wriiten request ofthe Owner, #he Cont�actoz' sha11 deliver to the Owner full
possession and cont�ol of any poi�tion of the project, provided the Contractor shall have
been paid at least ninety pe�cent (90%) of the cast of construcfion of such poi�tion.
Upon such delive�•y of ihe possession and contt�ol of any poi�tion of the praject to the
Owner, tk�e rxsk and obligations of the Contractox with respect to such pox•tion of the
project so deli�ered to the Owner shall be t�rminated: �rovzded however, that nothzng
herein contained shali reiieve the Contractor af an� liability with respect to d�fective
materials and workmanship.
III. Assignment of Guarantees,
All guarantees of materials and wox�nanship running in favor of the Contracto� s1�all
be tz•ans%i7ed and assigned to the Otivnez prior to the tinie the Contx•actor receives final
payment.
Y'V. Accountab�lity far Mate�•ial Provic�ed by the Os�vne�•
A, At approp�iate times and as requested by the Conti•actor, material to be provided by
the Orvner will be delivered to the Contractor. Delivery will be made at the
warehause of the Owner at 901-B Texas Street, Denton, Texas o�� other stora�e
locations in Denton. Lueders limestone materials will be deliverec� to the site.
Loading at the warehouse ox• other storage locations, transpoxtation to the project
site and unloading shall be the responsibility of the Contractor. Once the
Contractor accepts possessian of material, he shall be responsible fo�• the value o£
15
Boiuiie Brae Substation Masonry Feiice (RFP #5063)
September 26, 2012
the materiat uniil the Owner aceepts the project and all eYCess material is returned
to the Ovvner. Secuxity against loss, theft, or damage shall be the responsibility of
the Contractor,
B, The material provided to the Contractor wiii be based o� estimates ofthe amounts
needed £or the project. Additional matei7al will be provided whe�•� justified by the
Con#ractor through demonstratian that Yhe estimate was not ad�quat�. Excess
mate��ial shall be returned to the warehouse or other designated location before
conclusion of the project. The Cantractor will be charged for any excess material
not returned and the amount deduc#ed fiom the final invoice. The Contractor will �
be charged for loss o�• material retui�ned damaged,
C. Material taansfe�•s to a�d froxn #he Contractor will be accampanied by specific
inventories prepared and verified at the tznn�e transfer is made. A11 inventoa7es shall
be signed by at least one representative of the Contzac#or and Owner who aie
pi•esent at the tir�3e #he transfer is made, Notations of damage shall be made on the
inventory �1�or to being signed. '
V. Non-ass�gn�aneut o#' Coniract
The Con#ractar sha11 pei�form duectly, and witl�out subcontx�acting, nai less than twenty-
�ve percent (25%) af the construction of'the project, to be calcu�ated on the basis of the
total cont�•act price. The Contractor sh�ll nat assign th� contract effected by ar�
acceptance of this p�•oposal ar any interest in any funds that may be due or become due
hereunder or enter into any contract with any pe�•son, £�il�n Ox COrpOr�tiOn for the
perfoi�nance of the Conixactor's obligafions hereunder or any part thereof, without the
approval in writing of the Ownez• and of the Su�ety and Sureties oni an.y bond fi�i�nished
by the Contracto�� for tlle iaithfiil pex•fox�nauce oithe Cantractor's obligations herei�nder.
If the Cont�'actor, with consent of the Ownez, and any Surety or Sui•eties on the
Can#�actor's bond or bonds, s3�a11 enter into a subcont�•act with any subcontractor fo� the
perfoz•znance of ar�y part of this cont�act, the Contractor shaI1 he as �ully responsible to
tha ��vner for the acts az�d otnissions af siich subcontractor and oipersons ernployed by
such subeontracto� as the Confractox• wou�d be �or its own acts and omissions and those
of persons direetly employed by it.
ENVIRONN.CENTAi1 A1�TD OTHER CONTROLS
In an effo��t to protect the envix�on:znent, to minimize damage claims against the Contractoz• and
the Owner, �every perso� working on this project needs to undarstand and follow the guidelines
set out below. The coris#ruction contract requires that the Contracior perform the work, "in
stich manner as to minii7�ize marring and scar�ing of the landscape and silting of streams". The
Engineer's and Ownez•'s personnel will also be subject to these requirements. The following
requirements shail be followed wherever applicable, excepi where local regulations or Land
Qwner requuements are more st�ingent, in tivhich case the more s#ringent requuements shall
govern.
1G
I3o�i�iie Brac Substation Masonry Fence (RFP #5063)
I. Hunti�ng
September 26, 2012
There wili be no hiinting by the Contractor, his employees, or guests, on th� project
site, or on the pxivately owrned lands which this line �averses. No �reax�s are to be
cai7•ied by personnel engaged in the eonsbcuctian of this line,
II. Fires
�pen fires of any type shall not be permi#ted on px•oject site, o� on adjacent pz•opex•ty.
All grass fires that sta��t in the vicinity where the Contractoz� is working shall be the
responsibility of the Contractor and all datnage payments to the Land O�vner and .
Tenant sha11 be made by the Contz•actor.
III. Coiita�ni3xation
Crankcase oil, hydrauIic oil, gasoline, etc., shall never be dumped into streams or onto
the ground, but must be rernoved fram the project for proper disposai. All used cans,
boxes, packages and litter of all types shall be removed fi•om the site immediately af�ez
use and shall neve�• be allowed to be scattered 6y wind or to cause a fire hazard.
IV. O�en Holes
No holes shall be left open or tinfilled over night.
V. IY�a�•l�ers
�to sectian coim.er markers, propez•ty coane�• or coi�er post shall be disturbed in �iy
way. If t�.e placernent of a shucti�re is set too close to the marker or corner, the
Contractor shall cantact the Qwner and/or Engineer to z•esolve the problem.
VI. Roads
Access shall be fi�om Bonnie Brae Street only.
VII. Speed Lin�aits
The speed limi# of all vehicles on the Bonnie Brae Subs#ation site shall be limited ta 10
MPH,
ViII. Fences
The Contractor shall protect all fences, including silt fences on or adjacent to the
4wner's prop.ei�ty.
IX. Nati�ca#ion
The C4nt�•ac#or shall notify the project Observer of the intended activities and schedules
each working day. Tha Owner may require other notii3cations to meet opei'ational and
safety z•equirements.
17
Bor�nie Brae Substation Masvniy Fcnce (RFP #5063)
X, Firearms
September 26, 2012
Thexe sha11 be absoluteiy no fi�•ear�s catxxed by any in�ividual or in a�y vehzele on the
Bonnie Brae Substation site or adjacent prope�•ty.
YT �S �TI20NGLY SUGGEST�D T�AT THE CONTRACTOR GI� �ACH
EMPLOYE� A COPY OF THE ABOVE SPECYFYCATION REQTJIR�CM�NTS. THE
CONTRA.CTOR SHALL BE CHARGED $250.00 LTQUIDATED DAMAGES PLUS
ANY ACTUAL DAMAGES F4R EACH ViOLATION OI�' ANY OF THE ABOVE
REQTJ�R�MENTS. A writtan report shall be pxovi�ded to ihe Contractor by the Owner for
each inciclent tha# is observed.
ACCESS
I, Ingress and Egress
A, The activities o�t�.e Contxactor are to be restric#ed to tkle Owner's propei�y and
easernents. The propez•ty is desc��bed on the plaris. The Co�.t��actar is responsible
fo� assuring that the property bounda��es are kr�own and that activities are canfined
to the pz•operty and easements.
B. The Contractor shall repau• any damage to ingress and egress rautes caiised by the
Contt�actoz•'s activities. The project will not he considered complete until such
repairs are made.
II. Temporary Access 1Vleasures
No aecess improvemant or othe�� #em:poxary m.easures should be requi��ed for this
proj ect,
III. Restoration and Cfeaniip.
The Contz•ac#or shall �aintain a continuous cleanup piogram tluoughout constructi�n.
All refuse, either projeci related or personal, shall be properly disposed of by the end of
each workday. The Contractor shall restore the land c�•ossed by him to its original
condition. This restoration inchides the removal af deep ruts and disposal of foreign
objecis such as: stumps, chunks of concx�ete, pile cut-offs, etc. Any fill dirt rec�ui�ed for
restoration shaIl be �.p�roved by the O�vner and �iee of roots, debris, and roc�C. Excess
excavated matsrial s�ail be temporarily stockpiled on szte �for truckload disposal.
Concrete waste shall be kept in one a�•ea and disposed of �vhen z•easonable truckloac�s
are accumulated. The Owner ieserves the �zght to require more frequerat removals.
IV. Special R.equirements
A. Citv ofDe�tton r•enrdrernertts -- The Conhactor shall compiy with a11 Ciiy of
Denton constiuction and ather regulatory requiretnents,
B, Starm Water Pollarflorz F1•evenfiort Pl�r�t -- The Cont��actor shall comply with all
requirements contained in the Sto��tn Water Pollution Prevention Plan (SWPPP) and
shall maintain and place silt fences as rec�uired to cornply with the SWPPP
18
Bonnie Brae Substafion Masonry I+ence (RTP #SOb3}
Sepfember 2b, 2012
#hroughout the £ence consh7iction and at the end of the work. The SWPPP is
avaiiable for viewing at the Owner's office. Silt fences r�vill have been placed by
tlle OWileY j�T1QT tD ��18 StaTt Of WOTk. The only actions required of the Contractor
a3�e to maintain and replace any damaged sections at the end of the project.
Temporary access featu�•es lmay be created but must be repaired at the end of the
wark •
C. T�el�icle I�s�?eciro�t -- Each vehicle that is to be used on the p�•oject may be
inspected by the Owner at any time for excessive oil leaks. Tf major oil leaks are
found, the Contractor shall �Y them before putting the equipinent on the Bonnie
B�ae Substation site. �'he Contracto� sha11 be i•esponsible to keep all his equipment
maintained in such a manner to p�event oii leaks on the O�vner's properties.
CONCRE'�'�
I. Genera�l
Tne Cantractor shall pz•ovide all concre#e, materials, and Zabo�• rec�uired for complete
construction of the substation fence including all exeavation, form work, engineered
backf'illing, recompacting, and curing. The cont�•actor shall verify all dimensions
before consti•«ction and notify the Orvner of any discrepancies or inconsist�ncies on t�'e
plans or between the plans and the site conditions befbre pX�oceeding wi#h the wafk.
IT. Strength
The conc�•ete for foundati�ns shall be of a quality so as to produce a minimiun
compressi��e strength of 3000 pounds per squa�'e inch in 7 ciays and 4000 pounds per
square inch in 28 days.
III. Materials
A. Ce��ent:
Cement shall ba type I ox• I� of a s#andard brand of Portland cement, which shall
confozm #o the appropriate AST`M standard.
B. Aggregates;
�. Aggregates shall conform to Specifications for Cancre#e Aggregates (ASTM
C33) or Mate��ials and Methods of Conerete Construckion (CSA A23.1).
Aggregates failing to meet these requirements but producing cox�crete o£ the
reqiiired quality as shown by special test or achial sei�vice rnay be used �vhe�e
authazized by the Owner.
2. The maximum size of aggregate shall be no la�ger than one�fifth af the
natxowest dimension bet�veen sides of forrx3s within whicli conciete is to be cast,
nor laxger than three-fourths of the minimum clear spacing beiween reinforcing
bars, or between reinforcing bars and forms.
C. Water
Watex used in mixing conerete shatl be potable.
19
Bonuie Brae Substatiou Masonry Fence (RFP #5Q63)
September 26, 2012
D, Reinforcix�g Ba�•s:
i. Reinforcing ba�s shall be new Grade 60 as defined by ASTM A615,
speci�cations for Deformed Billet-Steel Bars �or Concrete Reinforcement.
2. Defo�mation on bars shall confozm to ASTM A615.
3. Bax and tod mats for concrete reinforcement shali confoz•m to Specificatians for
Fabricated Steel Baz ox Rod Mats for Cancrete Reinforcement {ASTM A184),
�. Wire for concxete i•einforcement shall confoi�rn to S�ecifications for Cold-
Dra�n Steel Wire far Concx•e#e Reinforcement (ASTM A82}.
5. Welded wire fabric fax• concz•ete reinforcement shall conform to Specificatioz�s
for Weided Steel Wire Fabric for Concre#e Reinfo�•cement (ASTM A1S5)
e:�cept #he weld shear strength iequu•ement of these specifications shall be
extended to inchide a wire size differential up to and including szx gauges,
�V. Air-ent�raini�kg Admixtures
Aii•-entraining admiYtures shall conforrn to Specifications for Aix-Entraining
Ac�mixtures for Concrete (ASTIv1 C260). Other admixturas, if used, shall confoi'rn to
ap�ropriate ASTM standards.
V. Storage
A. Storage of cement and aggregates sl�all be such as to p�event deteriaration or
intrusion of foreign. matter, Liquid admixtures shall be protected fi•on� freezing and
from settling out of soiution. No deterioxated or damaged material shail be useci. fox•
concrete.
B. No frozen materials or rrzateriais containing snow oi• ice shall be usec�.
VI. Quality Assurance
A. The Owner �ill pio�vide concrete testing, The Contraet�r sI1a11 schedule iesting 2�
hours in advance, The Own�r will attempt to accomm:odate occ�,sional shart notices
bi�t may delay concrete poi�ring ifthe Cantractor fails to px•ov�de the speciiied
advance notice. The Con#ractor shall not be entitled to any compensation of any
kind arising fi•om delays that are a x�esult of failure to provide the specified notice.
The bwner reserves the right to chai•ge the Contrac#or for cancellation of scheduled
tesfing.
B. Pz•iox to the pouring of any cancrete, a batch design �z•om which an acival batch
sample has been iested £o� compressive strength is to be provided to the Owner for
approval,
C. Unless c��termined othezwise by the Owner at the time, a minimum af thx•ee test
cylinders sha11 be prepared per ten cubic yards a�• per tiuck for smaller pours as
determined by the Owrter's testing 1�,b. The cylinders rvill be tested for
compressive strength at 7 and 28 days. The Owner will furnish and make a.11 test
cylindez•s a�d wi11 provide ail compressive stxength tests. The test cylinders shall be
labeled as to the tz�uck and :foundatxon to which they correspond. A copy af all test
�
Bo�xnie Bras Substation Masonry Fence (ItFP #5063) September 26, 2012
reports wiIl be provided to the Cont�•actor. Specimens will be tested according to
Method of Test for Compressive S#rength of Molded Concrete Cylir�ders {ASTM
C39, CSA A23.2.13).
D. The slu�p of the concxete shall not exceed four (4) inches as determined by the
Meth�d of Test for Slump of Po��tland Ceznent Concrete {ASTM C143, CSA
A23,2,20),
E. Concre#e will be sampled it� accordance with Method of Sarnpling Fiesh Concrate
�ASTM ci�2�.
VII. Concrete Propfl�•tians a��d Consistency
A. The pa•oportions of the concrete sha11 procfuce a mixture that will work readily, with
tha placement method used, into coz•ners and angles of foi�ns and around
reinfoicement, Segregation of matei•ials in the mixture shall noi be pel7nitted nor
sha11 callection of excess free vwater on the surface be pe��rnitted. The minimum
quantity of cement per cubic y�d of concrete shall be Sb5 pounds.
B. The air con#ent of air-entrained concrete shall be 5 percent by volume plus or minus
� percent.
C. The me�Yiods of ineasuring concrete materials shall pei7nit proportions to be
accura#eIy controlled and easily checked. i1�leasurement of ma#ei7al for ready mi:ced
cancxete shall conform to �pecifications for Ready-Mi�ed Concrete {ASTM C94).
VIII. Preparation for Concrete Placeinent
A, Before placement, a11 equipment for mi�ing and transpoxtzng tl�e canc��ete shall be
cleaned, and all debris and ice shall be removed from ihe places to be occupied �y
the concrete. Forms si�all be thoroughly wetted (except in freszing weather) o�•
oiied. The reinforcement shail be thoz•oughly cleaned of ice, di��t, loose rust and mill
scale, or other coatings.
B, Water skall be removed from place of deposit befoxe concrete is placed.
C, The Contractor shali be responsible fox• providing safe ar�d adequate shoring for all
parts of the construction,
D. The Coni�actor shall su6mit a plan to the Engineer for the Engineer's approval to
zndica#e the fallawit�g items: How the Contractar plans to hold the reinfoi•cing cage
from moving whz�e tk�e concrete is being poured. This plan shall be submitted far
tiiscussion at the pre-consttuctzo� confe�•ence.
IX. Mi_xing of Concrete
A. Ready-mixed concrete shall be miYed and delivered in accordance with
Specifications for Ready-Mixed Concrete (ASTM C9�4; CSA A23.1, Clauses 12 and
1 �). �
B. The maximum duration frorn the time when the concrete is mixed until the
concrete is placed s�iall be 60 minutes, The Coz�tractor shall have documentation
21
Bonnie Brae Substation Masoury reuce (R�P #5063)
Septcmbcr 26, 2012
a�ailable on. every batch to verify when the concrete was mixed and when the
concx•ete was placed.
�. Piacemient of Concrete
A. Concrete shall be conveyed fi�om the mixer to the place of final cleposit by methods
that will prevent separation or loss of materials. Equipment for chuting, pumping,
and pneumatically conveying concz•ete shaIl be of such size and design as to ensure
a p�•actically continuot2s flow of concrete at the delivery end without separation of
materials.
B, Concrete shall be daposiied as nearly as practicable in its final position to avoid
segregation due to re-handling or flowing. Concrete sha11 be placed at such a rate
that it is at all tirnes plasiic and flows xeadily between and a�ound baz•s. Concrete
contaminated by foz•eign rr�ateziai shall not be used, nor shall re-tempered concz�ete
be used. .
C. When placixzg is s#a�•ied, it shaIl be carried on as a continuous apexation until
placement of the panel or section is c�mpleted.
D. Ali concrete shall be thoz•oughly eonsolidated dlu•ing placement. It shall be
thoroughly rvorked around reinfox•ceme�t and embedded fi:�tuxes and into the
co�•�ez•s ofr the forms.
E. Concre#e shall not be al�owed to "fi•ee fall" more than ttu•ee feet at ar�y tazne. A
canerete pump or "t�•emie" shall be used tivhere needed to limit the frea fall distance.
k'. 'Z'he Contractox sha11 have, on the Project, two operating vibrators and an opei•ating
generator or alternate po�ver source, befo�•e any concrete is ordered,
G. All reinforcement, farms, and grounc� with �vvhich the concrete is to come in contact
shall be free from snow, ice, oil or ather eaatings that adversel� affect bond.
H, Concrete shall not be placed in fi•eezing �sveather conciitions.
XI. Curing
A. Adequate equipment shall be provided foi heaiing concrete materials and pi•otecting
concrete during fieezing or near-freezing weather,
B. All concrete placed in fo�z�s shall be maintained at a tempe�•ature of SO° F ox�
higher, for a peiYOd of three days. Additional time necessary to ensure proper
curing of the concrete� shall be piovided as directed by the 4wner, The housing,
covering, or othex• protec#zon used in cux•ing shail remain intaet at least 24 hours
after artificial heating is discontinued. No dependence shall be placed on salt or
other chemicals for the p�evention of freezing.
C, In hot r��veather, suitable precautions shall be taken to avoid drying of the conerete
p�ior to finishing operations. The Contractar as dixected by the Owner sha11 provicte
windbrea�CS, sunshades, fog spxays, or other devices.
22
Bonnie Brae Substation Masoi��y �'ence (RFI' #5063}
Septeniber 26, 2012
D. Concrete deposited in hot weathex• shall not have a placing temperature that will
. cause diff'iculty fram lass of slurnp, flash set, or cold joints. Concrete #emperaiure
shall be less than 90° F at the time of placement.
E. C�ncrete above the ground line shali be kept inoist for a minimtun of five days after
placement. Longer periods shail be when the average temperatu�•e is b�low SO° F.
As an altei�ative, a memb�ane cul7ng method nnay be used.
XI�. Forms
A. Fozms shall conforrn to shapes, iines, and dimensions of the membezs as called for
on the p�ans, and sh.all be sufficiently tight to prevent leakage of rno�•tar. They shall
be prope�ly bracerl or fied togethe�• so as to maintain posiiion and shape.
B. Forms shall be z•emoved in. such a manner as to ensure the complate safeiy of the
structure. No farrns shall be removed nntil at least 24 hours after th� concret� �vas
placed.
�IIX. Steel Reinforce�nent
A. At #he time concrete is placed, r�aetal �•einforcement provided by the Contractor shall
be fiee fram loose, #hick rust; oil; ciirt, znill scale ox oti�ez caatings that will destroy
or reduce the bond. All bars sha11 be bent cold.
B. Meta1 reinforcement and anchor bolts shall be accuxateiy placed according to the
plans and adequately seciued in position by concrete, metal, ar other Owner
approv�d chai��s, space�:s, ar ties. All detailing, fabrication, placing, anci sup�orting
shaii be in acco�•daz�ce w�ih..A. C. I. 318-95 an.d C. R. S, I.
C. No splices of reinforcement shail be made, No r.velding shall be allowed on the
reinforc:ung steel.
D. Rein£orcezxxer�t si�al� be p�•otected by ihe tluckness of concrete indicated in the plans.
� Exc�pt for d�illed shaft walls, ox unless shawn differently on plans, there shall be a
minimum of th��ee inchas of concrete betweer� a�l �einforcing steel and any face of
found�tions, including the bottom face.
XN. Constructian Methoc�s
A. Construc#ion joints in the concrete shall not be allowed i�niess shown otherwise on
the d�•awings. _ .
B. Befoze placing any concrete, #he Contractor shall provide the Ow�.ez• with the
Contractor's proposed p�oceduxe £o� pluchasing and placing the concrete. Tl�is pla�
shall include the ready mi� planf chosen, the distance fiom the ready mi� plant to
the job-site, and details of the praposed cancrete mix. The Ownez� shall be notified
2� ho�rs prio�• to any concrete placement to enable the Orvner to have inspection
available if required. �
G. A three-qual-ter (3/4") inch chamfer sha�� be m.ade on a11 exposed edg�s.
23
Bomiie Brae SiibstAtion Masonry Fence (ItFP #SU63) September 26, 2Q12
D. Ali eYterior of eYposed concrete shall be consoiidated by inteinal vzbzation in
accardance vvith A. C. I. 309, "Recammended Practice for Consolidation of
Conc�•ete."
E. The Contx�actor shall be responsible for removing and z•e-pouz•ing any foundations
that are c�mpleted in the wrong location or incoi�ectly oriented.
XV. Exposed Surface Treatrnent
Concrete surfaces shall be treated to a point to four inahes below the graund line. A11
eYposed concrete surfaces shall ba treated immediately after removal of forms by one
of the follawing methods:
A. Grout Cleaned Finisli
1, After #he concrete has been p;e�dampened, a slurzy consisiing of one pa��t
cement (includin� 1V1ix of 14% of white cement) and one and one half paz�ts sand
passing the No. 16 sieve, by damp loose volume, shall be s�read over the
sui�face vvith clean buz•Iap pads or sponge lubber flaats and allovyed to dry
#horoughly.
2. Any surplus sha�l he z•eax�oved by scraping and then rubbing with clean bl�rlap.
The finish shall be cured in an approved manner,
B. Smooth R�.ibbed Finish
1. Sn�ooth z-�ibbed fmish shall be produced on freshly hardened concrete. All
neoessary patching shall be aceomplished immediately after the forms are
removed, and rubbing shall be completed no later tha� the following day.
2. Surfaces shall be wetted and rubbed with Carborunduin brick or ot�er abxasive
tuitil a unifo��n color and textux�e az�s produced.
3, No cemeni grout or slush shall be used othe�� than the cement paste cirawn fi•om
fhe green cancrete itself by the rubbing process.
C, Sand Floa#ec� Finish
1, Tha forms shall be reinoved befax•e the surface has fiill� hardened.
2, Tha surface shall be wetted and i�ubbed with a�vood float by a uni%rm circular
motion, with fine sanc� being rubbed into the sttrface until the resulting finish is
even and unifo��m in color and texture.
XVI, Misce]laneous
A. Any ovea-excavation must be filled at Contractor's expense,
B. The Contractor shall set aIl foundations relative to an elevation benchmark
reference monument set by the Owner.
24
Bonnie ��•ae Sl�bstatio�t Masonry Fence (RFP #5063)
sITE wo�
I. General
Septembei• 26, 2012
A. The Bor►nie Bt�ae Substation construction is c�m�siete except for the fence, The
fence line should be near the rough grades needed foz• constzuction. The site wi11
have been graded and compacted ta conform to the Grading Pian in Appendix C.
Tk�e Gzading �lan. e�evatzons az�e finished subgrade elevations (wi#hout rock).
Cor�ection for erosion that has occuz�red since the final gxading �or �ie suUstatian
construction was completed is the responsibility af the Cont�actor. Si#e wox�k fo��
this speciizcation shall include, but nat be limited to, e�cawation, bacicfill,
compaction, and any other zaecessaxy tasks to install the fence and restore the site to
the contours and compaction shown on the grading pian. The Coni��actor shall
protect the final grading for the balance of the site, repair any damage, and restore
the compacted grades after excavation for the �equired work is completed. The
Owner will a�px•ove a location an the site for placemeni of the excess material
eYCavated foz• fence consfruction.
B. The Co�txactox sl�all provzde all material and labar for the site work performed in
conjunction with the fence const�uctzon. Ali materzals shall be hauled ta the site
and installed by the Contractor with one exception. If the Owner dete�.�mines that
the mate�7a1 excavated for the foundations is iiot suita6le for use in final grading,
the Owner will provide select fill material, delivered to the site, at no cost to the
Contractor. �
TI. Excavation
The Contractor shall peafo�m all excavation described herein, This shall include
eYCavating for the fence foundations. Excavatzon iindez• ihis cont�act includes
tempoxa�ily stockpiling excavated materials as needec�; �vork and matei•ials necessary to
rz�aintain excavations dui�ing construction; and removing temporary construotion when
no longer �•equired.
Soil test in%rmation is ���ovided in the geotechnical bore logs in Appendix B.
A. Excavated siufaces l�pon or against which concr�te is to be placed, shall be �nisi�ed
to the dimensions �equixed, moistened with water anc� tamped or rolle.d to form firm
and compact areas for placing concrete fa��ndat�ons, �
B. Except where directed by the Owner, overexcavation and rec�ui�ed concrete or
compacted.bac�ll due to such over eYCavation shall be at the Con#�actor's
expense. If material is eYCavated or loosez�ed beyo�.d tk�e e:zcavatiozt lines, the
Contractor shall remove loosened material and fill overexcavation as follows:
1, �'ith concrete where concrete structures are required to be placed upon or
against excavated surfaces.
2. With selected matezial appraved by the Owner far other over�xcavations.
C. Select backfill material placed in ovezexcavations shall be placed according to the
Compactian Section. Concrete placed in overexeavations shall confo�ni tp the
coz�crete specif cations described herein,
25
Bonnie Brae Substation Masonry Fence (RFP #5063)
September 26, 2012
D, Wheae additxona� .excavation is deemed necessasy by the Owner to remove
unsuitabl� materials, excavation, connpacted backfill and concrete shall be in
accordance with the applicable sections of these specifications and the Con#rac#ar
shall not be compensated for overexcavation and baek�ll until the total
overexca�vateci amount directed specifzcally by tk�e Owzxer exceeds SO cubic yards.
For ove�•excavation and backfill in excess o�the 50 cubic yard amount, the
Contracto�• and Owne�� shall a�ee an a compensation amount in advance or a$5.40
pei• cubic yatd priee s�all apply. �
E. 5uitable ma#eiial :fi•ozn e:�cavation, as deteamined by the Owner, shall be placed and
compacted adjacent to or near the substation site as di�•ected by ti�e Owner.
Matex�ial frorn excavation not suitable or required for earth�vork shaIl,be stockpiled
in the Iocation on s�te established by the Owner, The Cont�actor shall Ioacl e�cess
material for disposal by the Owne�•.
III. Compac#ion
A. Where filling is x�ec�uired, materials shall be deposited in horizontal layers as
specified, and the density and znoish�re requirements shall be in accordance with
requirements contai�aed iz� tk�is sectxon.
B. Excavating, placing, moistening and compaciing opera#ions shall result in materials
baing unifornily compacted througl�ont the �ec�uired section and homogeneous, fi�ee
of lenses, pockets, streaks or laminations.
C. All compaction shall be done by the Co�t�actoX• in accozc�ance with instructions
from the Orvner's geotechnieal t�sting consultant. The Owraer r��ay employ a
testing labo��atoiy to pei�airn compaction tests tivoughout the construction.
D. If a#est of compactio� reveals that work has been inadequate, the Contrac#or shall
perform corrective rvork in accordance with recomm�nc�ation$ af the Owner's
geotechnical consultant in order to achieve the requirements in the specification, all
at the Contractor's eYpense. The Owner resez�ves the right to rec�ui�e verification
testing of such �,dditional �vork alsa at the Cont�actor's expense. .
E, When compacting clay�y or silty materials, the thickaiess of tF�e l�orizontallayers
p�aced for coi�paciion shall nflt be mo�e than 6 inches. Excavating and placing
o�erations sha11 result in materials, when compacted, being b�ended sufficiently to
secuze the higiiest practicable density, impermeabzlity and shea�• strength, Prior to
and dui•ing compactmg operations, inaterials shall have moish�re content of not
greater than 2% wet or less than 2% diy of optimum moisture. Moisture content
shall be i�niforrn thi•aughout each lay�r, Tf moist�ire is outsi�e tolerance,
compaction shail not continue untiI the z�aateriai has been wetted or dried to within
tolerance, or as approveti by the Owner. When material has been conditioned, it
shal� be cor�x�pacted by xollers ox by hand or power tampers. Where tampex•s aae
used in confined areas, they shall be equipped with siutably shaped heads to
obtained the ret�uired density,
26
Bon��ie I3rae Substatio►k Masor►ry Fence (RFP #50b3)
September 26, 2012
F. The densiiy (dry} of the soil fraction in the cornpacted maiez•za1 shall not be iess than
95% of the standard maximum soii density {d��y) as determined by ASTM D 698-
78, Method A test f�r the pa��ticulaz• zxaaterial. The standard maximum soil density is
the diy weight per cubic foot of the soil compacted at optimuxn moishire content.
G. When compacting cohesionless materials, the ihickness of horizontal layers aftei
co�npaction shall be not more than 6 inches if compaction is by rollers or tatnpers;
not more than 12 inches if compactian is by #reads of crawler-type tractor, surface
vibra#ars or similar equipment; and not moz•e than the penetrating �.epth of the
vibrator if eornpaetion is by internal vibrators, Water shall be added as requi�•ed to
obtain the s�ecified density. Relative density of the compacted material shall n.ot be
Iess than 7Q% as determined by ASTM D 4253-83 and ASTM D 4254-83.
IV. Backfill
The contractor shall back�l� a�•ol�nd the comp�ated foundatians. Compaction shall be to
95% as originaily found and in accordance with the section on compaction.
V. Siie Drainage
Site drainage shall be maintained at ail times during tl�e caurse of construction.
Temporai•y placement of excess excavated ma#erial sl�all nat crea#e any ponding ar
other c3rainage obstruction.
FENCE CON�STR�UCTiOIV
I. General
A, Refarences and Standards .
The �atest applicable edition af the fallawing reference standards and codes shall be
Followed whez•eve�• applicab�e to the work, except where local regulations or
specification requuements are rnore stxingez�t, in which case the rnore stringent
requirements shall govern,
1. �-�STM C33 — Standard Specification for Concrete Aggretes
2. ASTM C90-06A — St�ndard Specification for Load-Bea��ing Goncrete Masonry
Units.
3. ASTM C1�a - Standai•d Test Methods for Sampling and Testing Concrete
Masanry Units and Related Units.
�4, ASTM C150 - St�.nda�d Speci�ication for Portland Cem.ent
5. ASTM C270 - Standard Speci�ca#ion for Mortar for Unit Masanry
6. ASTM C 476 - Standard Specificatxot� :Fo� Gro�;t for Masonry
7. ASTM A 951 - Masonry 3oint Reinfo�•cement
8. ASTM A 615 - Defo�med and Plain Billet Steel }3ars for Con�rrete
Reinforce�nent
9, ASTM C 920� Elastomeric Joint Sealants.
27
Bonu�e Brae Substation Masonry Fe»ce (RFP #5063)
B. Submitials
September 26, 2012
The Contractor sha11 pX•ovide the following submittals and obtain owner app��oval
prior to the start of th� project;
1. Submit product data for CMU including color and testit�g data per ASTM C-90.
2, Sui�mit color samples of pre-rnixed morta�• for xeview and selection,
3, Subxnit colo� samples of stain fo� the outside concrete.
4. At the start of the construction, the Contractor sha11 install a 40 sq. ft. section of
Lueders Limestone demons#rating the p�ttein fo� Owner's approval. The
Contractor shal� not p�oceed wxth Lueders Limestone unless the paitein is deemed
accep#able by the Owner.
S. S��btnit method and colar sampl�s for i.nside fence coating.
C, Quality Assnrance
1. The contractor shall be a member in good standing of the American Concrete
Institute or equivalent.
2. The contractor shall have a minirnum of five years of expet7ence on similar
projects..
3. �Unless othexw�se specxfied, do all masonxy work in accordance with ASTiY�
standards. .
�. Obtain atl CMUs fram a singie manufacturer for th� entire project.
D. Delivery Storage and Handling
1. Deliver masonry materials to Project site in unciamaged condition.
2, Store and handle materia�s to prevent their deterioration or damage due to
moistnre, freeziz�g, con#a�ninants, cox�•osion or other causes.
3, Stoz�e ceza�.entations nnaterials off the g�•ound, under cover, and in a dz•y location.
�l, Store masotu�y acc�ssoi�i�s, including metal items, to prevent deterioration by
cot7�osion and accumula�ian of di��.
5, �Tandle blocks carefully to avaid bx•eakage and damages to the st�rfaces of the
block.
b. Store pallets of CMU in single stacks on �evei ground and cover with a
waterproof covering (e.g,, ta�pauliris) to protect CMU fiom inclement weather.
E. Environmental reqi�irements
Wark shall only be perfo�7ned on masonry wall when existing and forecast weather
conditions are within z�.ax�ufactu�e�•'s x•ecvnnmendations for #�e material and
application method used.
In cald weather conditions conduct �vork in aceordance wit�. "Recor�arrzended
Practices and Guide Spe�ifi�ations for Cold Weather Masomy Construction".
In hot ti�veailier Conditions canduct work in accordance with "Recommended
Practices. and Gliide Specifi�atzons iFoz k�ot Weather Masonry Constauction",
2S
Bonnie Brae Substatian Masonry �'ence (RFp #5063)
YY. Matexaais
September 26, 2012
T�e Cont�•ac#or slnail p��ovide all materials, other than those specifically sta#ed in this
specifcation as to be provided by the awner, that are required to construct the Bonraie
Brae Siibs#ation masonry fence. Speeifications for the items listed belo�v must be met,
Other requireznents axe co�Yained on the drawings and elsewhere in this speciiication,
A. Mori�ar and Gr•out Materials
1, Mo��ar strength shall b� Type "M" or "S" per ASTM C270 unless another type
is specifically recommended �or the ap�lication,
2. P��ov�de Mortar colox• as selected by tkze 4wnez. ,
3. Mor�ar aggregates shall be clean, s�arp and free from organic matez•ials.
4. Grout shall conform to ihe requirements of ASTM C�76. Do not use admixt�res
unless approved by the Owner. .
5, Watez• used shall be �otable and free of deletet•ious matters, acids and alkalis.
B. Canerete Masoiaiy Uni�s (CMIJ)
1. The Contractor shali provide ho�low load bearing eonc��ete masonry units
(CMfT) per ASTM C-90 requireznents fo�• ]�gk�iweight units, Gz•ade N.
2. Co1or; "Sand Stone" color sample to be submitted fo;• app��oval,
3, The minimum �ve�•age net compressive strength per ASTM C-90 shall be 1900
psi,
�. Concx•ete Masonry Units (CM[J) sizes shall be 8" x 8" x 16" noininal as shown
on construction docun:ients in Appendix C.
C, Reinforcement
1, Provide defo�7ned reinfarcing baxs per ASTM A615.
2. Rebax Steel shali be g�ade 60 with minimum. yield strength of 60 ksi.
3. Horizontal truss type joint reinforcement shall con%rm to ASTM A951.
III. ExeciEtion
A, Preparation
1. The Cont�actor shall revierv a11 drawings and shali repoi-� to the Owner any
discre�ancies for resolution prioz• to constxucfian.
2. The Contractor shall verify locations of foundatioz�s and othez• st�uctures to be
installed. Foundafian toleiances shall conform to the rec�uirernents of A�C� I 17.
3. Clean all reinforcing steel prior to placement af CMU,
�#. Przo� to placem.ent of CMU and stone, xe�nove all iaitance, loose aggiegate and
an.y other material that would prevent mortar from bonding to the steel and the
foundatian.
B. Installafion
1. CMU's shall be laid in a r��nning bond pattex�n� witk� the CMU centered ove�• any
head jaints.
29
Ba�mie �r�e Si�hstation Masoi�i•y Fence {RI+P #5063)
Septembea• 26, 2012
2, Constiuct 3/8" thick mortar bed a,nd head join-ts, iu�less indicated othertivise on
drawings. Tval joints witk� concave type joint.
3. Fully mortar web and face shelis. Head joints sha11 be as leas� as thick as CMLT
face shell thickness.
4. Place horizontal bed joint reinforcin;g 16" on center. Start placement between
first and second courses and lap a minimum of 8". Discontinue at contractian,
expansion, and construction joints,
5. B��ace waIls foz• stability of znasonxy dux•ing cox�stz�ue#ion.
6. Constiuction tolerancas shall be in accordance with ACI 503.1, "Specifications
for Masomy S#ructures",
7. Lap rein�orcement shall be 40 bar dzametex but not less than I2" iii length and
sleeve bond beams across eontraction/expansion joinis in accox�dance with
construction documents.
8, Complete alI masor�ry conshzlction using proven procedures and workmanship
consistent with the best maso�uy practices, Lay �Iocks with the faces level,
phimb, and t�•ue to tk�e lin.e st�•un� ho�•izontal across the face. Lay stone in
accordanee to pattez•z� appx•ovec� by Owner.
9. �fake all unit cuts with m.otor driven masonu•y saw using eithe�• abx�asive o�•
diamond blade. Cut neatly and locate cuts for best appearance.
10, Special c�e shauld be taken to iemove a.11 e:�cess moi�tar fram faces of CMU's
before they set up.
11. Ao not wet concrete masonry units at any time duzing insta�lation.
12. Place grout in lativ lifts of not more than 8" and consolidate grout at time of
placemant.
13, Keep adjacent surfaces clean, dry, and free of mortaa• droppi�gs and stains
dut•ing co�nstz•uctzon using suitable pratection.
C. Cieaning
1. Keep walls clean during daily installation using brushes. Do not allow excess
rr�ortar lumps or sm�ars #o harden on the finished surfaces.
2: Prior to full scale cleaning, confii7n suitability of materials and methods by
cleaning in an inconspicuous az�ea,
3. Cleani�g agenf shall be in accordance with zxaasor��ry rraaz�ufacture's and
Lueders' recommendation. Und�r no circumstances can muriatic acid be used
as a cleaning agent. Clean wall in strict accordance with cleaning agent's
recommendation. Do nvt apply cleaners with pressure spray gseater than SO psi.
4. Provide instt•uction to the Owner for cleaning agents and pz•ocedzires.
30
Bonnie l3rae Substatio�i Masonry Fence (ItFF #5063)
INTERIOR FEI�TCE COATZNG
September 26, 20X2
The Contract�r shall seal and paint the intet7or of the fence up to the limestone cap or
block on the pilasters using a method and colo�• approved by the Owner. �
S'�'.A.ZNZ�IG OF CONCRETE
The Contraetor shall staiu a11 concrete sucfaces on the e�terior and intei�ior of the fence
using a method and colo� approved by #lie Owner. The stain shall extend from the base of
the Lueders limestone to a point at least two inches below the level of the mow strip on the
autsida and fi•om the base of the block on the inside to a level below the x•o�k.
WARRANTY AND G�[I��RANTEE
The suppiier shall guarantee that the material and warkmanship fuinished for this project
shall be free from all defects in materials, and workmanship, and shal� give successful
service unc�er the intended operating conditions. The supplie�• shall aiso agree upon notice
fram the Ownez ta pxorrzptly az�d without charge, and ta the satisfaction of th� Owner,
make such changes, replacements, corrections, etc,, which may be requi�•ed to make good
all defects in material or perfoi�-nance developing in the material or equipmer�t undez its
intenc�ed use with propei care for a ininimum period o� five (5) years fi�onn the date the
fenc.e is accepted by the 4wner.
31
. � � ..
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Specifica�ion for
CONSTI�UCTION OF THE
BONNIE BRAE S'�BSTATION MASONRY FENCE
RFP #5063
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BONIVIE BRAE SUBSTATION MASONRY FENCE
RFP #50�3
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CITY OF DENTON
RFP #5063 FOR CONSTRUCTION OF THE
BONNIE BRAE SUBSTATION MASONRY FENCE
ATTACHMENT D
ACKNOWLEDGEMENT - ENERGIZED SUBSTATION
ACKNOWLEDGEMENT THAT ALL WORK FOR THIS PROJECT WILL BE
1N AN ENERGIZED SUBSTION AND THAT CERTAIN CONDITIONS SHALL APPLY
The undersigned hereby acknowledges that Denton Municipal Electric is a municipally owned
electric utility whose business purpose is to transmit, distribute, and sell electricity. The Bonnie
Brae Substation forms an essential part of the infrastructure necessary for operation of the electric
utility. No work is required on energized lines for this project; however the Contractor is hereby
notified that there are energized electric power lines, epuinment, and buswork on and around
the Bonnie Brae Substation site. Appropriate precautions are required to prevent workers, tools,
or equipment being placed or operated closer than twenty (20) feet from any electric power line,
substation bus or substation equipment with exposed electrical parts. Further, there are energized
pad mounted electrical devices and energized underground conductors in various locations on the
site. The contractor is responsible for protection of all overhead and underground facilities and
devices within and around the substation. Obtaining location information for all underground
facilities is the responsibility of the Contractor.
The undersigned further acknowledges that for construction of the Bonnie Brae Masonry Fence, all
work will be required inside the energized Bonnie Brae Substation near ener�ized power
lines, electrical substation busses and substation equipment. Lines and equipment are
ener�ized at volta�es up to 72,000 volts. In an effort to aid in safety, a marked perimeter around
the substation equipment will be erected by the contractor as directed bv Denton Municipal
Electric prior to the start of mobilization. The approximate location of this perimeter is shown
on the site plan. This perimeter shall be constructed by the contractor using driven T-posts and
orange fabric type fencing and shall be maintained throughout the project. The contractor shall
remove the safety perimeter after construction is complete and the site has been demobilized.
Restoration to original condition is required. The owner must approve the safety fencing materials
and methodology.
It is further acknowledged that, in addition to substation equipment, there are two transmission lines
entering the substation from the transmission line that is located along the east side of Bonnie Brae
Street. These incoming overhead lines will have to be deenergized for portions of the construction.
The two lines cannot both be deener�ized at the same time. It shall be the Contractor's
responsibilitv to schedule the outages with DME in accordance with normal outa�e schedulin�
nractices. The Electric Reliability Council of Texas (ERCOT) approves all requests for outages.
Their instructions are binding on all utilities. Outage time may be severely limited during the
August to November timeframe. Outages must be requested at least 72 hours prior to the time
needed. In some cases, outages may not be possible at the times desired or the outage may have to
be taken during morning hours and terminated by late morning because of loading. DME will make
the requests and administer the outages based on requests from the Contractor. The Contractor shall
be responsible for coordinating requests for outages in a timely manner. The Contractor shall not be
CITY OF DENTON
RFP #5063 FOR CONSTRUCTION OF TFIE
BONNIE BRAE SUSSTATION MASONRY FENCE
entitled to additional compensation should outages be denied, be required to be at times different
than requested, or require work outside normal business hours.
It is further acknowledged that there are significant underground facilities located within the project
area. The Contractor is responsible for obtaining all required locatioiis for underground facilities
prior to any excavation. Should unlocated, or incorrectly located, underground utilities or other
structures be encountered during excavation, the Contractor shall consult with the Owner
immediately to determine a course of action. The Contractor shall cooperate with all parties in
resolving any problems discovered and in keeping any utilities services in operation to the greatest
extent reasonable while alternative solutions are implemented. The Contractor sha11 be responsible
for repair of dainaged underground facilities where the Contractor has failed to obtain proper
locates prior to excavation. Any repairs required shall be done to the satisfaction of the Owner.
The contractor is hereby notified that location of ground grid conductors is not always possible
without excavation. The ground grid drawings show the approximate locations of the ground grid
conductors. The Owner warrants no further location for these conductors, and the contractor shall
be responsible far repair of all damaged ground grid or other grounding corlductors whether located
properly or not and whether or not they are shown correctly on the drawings.
NAME AND ADDRES5 OF COMPANY:
Za�os Construction Co,
15058 Beltwav Dr.
Addison, Texas 75001
Tel. No. 972-385-7574
Email: mail�zagrosconsti-uction.com
AUTHORIZED REPRES - TATIVE:
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Signature
Date 10/25/2012
Name Joe Tabaee
Title Vice President
Fax No. 972-385-7579
CITY OF DENTON
RFP #5063 FOR CON5TRUCTION OF THE
BONNIE BRAE SUBSTATION MASONRY FENCE
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CITY OF DENTON
RFP #5063 FOR CONSTRUCTION OF THE
BONNIE BRAE SUBSTATION MASONRY FENCE
Statement of the Contractor Understands of the Pro�ect
Following please find method of construction and understanding of the Bonnie Brae Substation masonry fence
project for the City of Denton, consist of requested services, important issues, and city requirements;
1. Requested Services; Construct a masonry fence around an energized 72000 high voltage electrical
substation at 1221 Bonnie Brae Street. Scope of work consist of:
• Dri1151 piers, 12 feet height, 2'-6"DIA and insta118 #8 rebar cage and pure 4000 psi concrete.
• Excavate to install the grade beams to the elevation of top of the concrete piers.
• Install grade beam consist of; 12" cardboard void box, concrete forms, 4" PVC drain pipe, rebar
and #8 dowel bars and pure 4000 psi concrete.
• Provide and insta118"X16"x8" CMi7 block and install Lueders Limestone and 3' x15' wallcap
provided by owner
• Grade and compact existing ground to install4"thick 2' wide mow strip at outside of the wall.
2. important issues:
• The site is considered a high voltage area with lines and equipment powered up to 72,000 volts.
Strict compliance with safety procedures is of the outmost importance. Prior to commencing of
construction activities, orange fence will be installed at the perimeter of critical areas.
� The contractor will not be allowed to perform work within 20 feet of any energized power line
or energize substation equipment.
• We must request the de-energizing of lines and equipment before work on certain areas can be
started.
• In the front of the substation is existing bare stranded copper ground conductor which will need
to be passed through grade beam. Care should be taken to not to cut the conducting wires and if
any of them is cut, it should be welded same day.
3. City Requirements:
• Project to be completed no later than January 31, 2013.
• Two lines cannot both be deenergized at the same time.
• Technical specification in accordance with exhibit 2.
Contract Pricin� Details
Exhibit 1
Proposer's Name: Zagros Construction Co.
RFP 5063 Pricing Sheet for Construction of the Bonnie Brae Substation
Masonry Fence
The respondent shall complete the following section, which directly corresponds to Section !ll - Scope of Services, and
Section V!, Payment and Performance Requirements. The contractor sha!! not make changes to this format.
DESCRIPTION TOTAL AMOUNT
TOTAL PRICE FOR THE CONSTRUCTION OF THE BONNIE BRAE SUBSTATION $ 388,849.10
MASONRY FENCE AND PERFORMANCE AND PAYMENT BOND:
PRICES SHALL INCLUDE DELIVERY, FOB DESTINATION
YES NO
CAN CONSTRUCTION OF THE FENCE BE COMPLETED ON OR BEFORE January X
31, 2012?
IF "NO", DATE THE FENCE CAN BE COMPLETED:
ARE THERE ANY EXCEPTIONS TO THE SPECIFICATIONS?
IF THERE ARE EXCEPTIONS TO THE SPECIFICATIONS, EXPLAIN ALL SUCH
EXCEPTIONS (ATTACH ADDITIONAL PAGES IF NECESSARY).
X
Pavment Term Discounts
Payment terms for the City of Denton are typically 30 days. Please indicate the additional discount extended to each
monthly invoice that is paid within the time period indicated below.
Payrrment : ,
Terms Additional Discount % .: .
Paid in 20
days 0.00%
Paid in 15
days 0.00%
Paid in 10
days 0.00%
Cityo uf Denton Construction
Terms and Conditions
and
—
Additional contractual requirements
These standard Terms and Conditions and the Terms and Conditions contained in the specification,
drawings and other requirements included in this City of Denton's solicitation are applicable to
Contracts/Purchase Orders issued by the City of Denton hereinafter referred to as the City or Buyer and
the Seller herein after referred to as the Proposer, Contractor or Supplier. Any deviations must be in
writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms
and Conditions, contained in the Seller's proposal response, Invoice or Statement shall serve to modify the
terms set forth herein. If there is a conflict between the provisions in these standard Terms and
Conditions, those in the Contract, those on the Purchase Order, or those contained in the speciiication, the
more restrictive provisions shall take precedence.
By submitting an Offer in response to the Solicitation, the Contractor agrees that the Contract shall be
governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated.
1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables
described in the Solicitation and in the Contractor's Offer in strict accordance with the terms, covenants,
and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be
effective as of the date the contract is signed by the City, and shall continue in effect until all obligations
are performed in accordance with the Contract.
3. Deleted
4. Deleted
5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only
when the City actually receives and accepts the deliverables.
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be priced F.O.B.
point of delivery unless otherwise specified in the Supplemental Terxns and Conditions. Unless otherwise
stated in the Offer, the Contractor's price shall be deemed to include all delivery and transportation
charges. The place of delivery shall be the Bonnie Brae Substation, 1221 N. Bonnie Brae Street, Denton,
TX 76201.
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law,
including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before
accepting them, and to reject defective or non-conforming deliverables. If the City has the right to inspect
the Contractor's, or the Contractor's Subcontractor's, facilities, or the deliverables at the Contractor's, or
the Contractor's Subcontractor's, premises, the Contractor shall furnish, or cause to be furnished, without
additional charge, all reasonable facilities and assistance to the City to facilitate such inspection.
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must
fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-
complying tender shall constitute a breach and the Contractor shall not have the right to substitute a
conforming tender; provided, where the time for performance has not yet expired, the Contractor rnay
notify the City of the intention to cure and may then make a conforming tender within the time allotted in
the contract.
9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the site
where the Contractor is to perform the services as required in arder for the Contractar to perform the
services in a timely and efficient manner and in accordance with, and subject to, the applicable security
laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the
City's service requirements and speciiications, the location and essential characteristics of the work site,
the quality and quantity of materials, equipment, labor and facilities necessary to perform the services,
and any other condition or state of fact which could in any way affect performance of the Contractor's
obligations under the contract. The Contractor hereby releases and holds the City harmless from and
against any liability or claim for damages of auy kind or nature if the actual site or service conditions
differ from expected conditions.
10. WORKI'ORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the
services which they will perform under the Contract. -
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged
in participating or responding to a solicitation or while in the course and scope of delivering goods or
services under a City of Denton contract or on the City's property:
i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as
required by the terms of the contract; or
ii. use or possess alcoholic or other into�cating beverages, illegal drugs or controlled substances, nor
may such workers be intoxicated, or under the influence of alcohol or drugs, on the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any
firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall
immediately remove such worker from Contract services, and may not employ such worker again on
Contract services without the City's prior written consent.
Immigration: The Contractor represents and warrants that it shall comply with the requirements of the
Tmrnigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention
of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor
or services under the Contract and the Illegal Irnmigration Reform and Immigrant Responsibility Act of
1996 ("IIRIRA) enacted on September 30, 1996.
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The
Contractor, it's Subcontractors, and their respective employees, shall comply fully with all applicable
federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the
performance of the services, including but not limited to those promulgated by the City and by the
Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety
requirement shall govern. The Contractor sha11 indemnify and hold the City harmless from and against all
claims, demands, suits, actions, judgments, imes, penalties and liability of every kind arising from the
breach of the Contractor's obligations under this paragraph.
Environmental Protection: The Respondent sha11 be in compliance with all applicable staudards,
orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and
the Federal Water Pollution Control Act, as amended, (33 U.S.C. § 1251 ei seq.).
12. Deleted
13. PAYMENT:
A. All proper invoices need to be sent to Accounts Payable, and shall be submitted on the AIA Pay
Application Document. Approved invoices will be paid within thirty (30) calendar days of the City's
receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later.
B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at
the lesser of the rate specified in Texas Government Code Section 2251.025 or the maa�imum
lawful rate; except, if payment is not timely made for a reason for which the City may withhold
payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for
withholding payment have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Contractar will be paid for the partial
shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. delivery of defective or non-conforming deliverables by the Contractar;
ii. third party claims, which are not covered by the insurance which the Contractor is required to
provide, are filed or reasonable evidence indicating probable filing of such claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the City's agents, employees or contractors, which is not
covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor's obligations will not be completed within the t'vne
spec�ed in the Contract, and that the unpaid balance would not be adequate to cover actual or
liquidated damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with purchase order number, with all required
attachments and supporting
documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract Documents.
E. Notice is hereby given that any awarded ium who is in arrears to the City of Denton far delinquent
taxes, the City may offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or
penalties to the City for payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's
payment obligations are payable only and solely from funds Appropriated and available for this contract.
The absence of Appropriated or other lawfully available funds shall render the Contract null and void to
the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be
returned to the Contractar. The City shall provide the Contractor written notice of the failure of the City
to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the
reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under
the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor
removal fees charged to the City.
14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract
shall be paid by the Contractor, unless otherwise stated in the contract terms.
15. FINAL PAYMENT AND CLOSE-OUT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the
Contractor is required to submit a Contract Close-Out MBE/WBE Compliance Report to the Purchasing
Manager no later than the 15th calendar day after completion of all work under the contract. Final
payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements
as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Contractor, except claims (1) which have been
previously asserted in writing and not yet settled, (2) arising from defective work appearing after
iinal 'mspection, (3) arising from failure of the Contractor to comply with the Contract or the terms
of any warranty spec�ed herein, (4) arising from the Contractar's continuing obligations under
the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under
the City's right to audit; and
ii. a waiver of all claims by the Contractor against the City other than those previously asserted in
writing and not yet settled.
16. SPECIAL TOOLS & TEST EQITIPMENT: If the price stated on the Offer includes the cost of any
special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling
this order, such special tooling equipment and any process sheets related thereto shall become the
property of the City and shall be identified by the Contractor as such.
17. 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 sha11 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 of Denton. 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, gounds for terinination thereo£ 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 fmal printed document.
18. SUBCONTRACTORS:
A. If the Contractar identified Subcontractors in a DBE/1V�E/WBE agreed to Plan, the Contractor shall
comply with all requirements approved by the City. The Contractor shall not initially employ any
Subcontractor except as provided in the Contractor's Plan. The Contractor shall not substitute any
Subcontractor identif'ied in the Plan, unless the substitute has been accepted by the City in writing. No
acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the
City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved,
the Contractor is additionally required to submit a monthly Subcontract Awards and Expenditures
Report to the Procurement Manager, no later than the tenth calendar day of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between
the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the
Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance
with the provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior
written consent of the City and the Contractor. The City may require, as a condition to such further
subcontracting, that the Subcontractor post a payment bond in form, substance and amount
acceptable to the City;
iii. require Subcontractors to submit all invoices and applications for payments, including any clairns
far additional payments, damages or otherwise, to the Contractor in sufficient time to enable the
Contractor to include same with its invoice or application for payment to the City in accordance
with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their contract,
insurance in the type and arnounts specified for the Contractor, with the City being a named
insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the
Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors
just as the Contractor is responsible for the Contractar's own acts and omissions. Nothing in the Contract
shall create for the beneiit of any such Subcontractor any contractual relationship between the City and
any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the
payment of any moneys due any such Subcontractor except as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor
not later than ten (10) calendar days after receipt of payment from the City.
19. WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current
prices on orders by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently without
consultation, communication, or agreement far the purpose of restricting competition, as to any matter
relating to such fees with any other ium or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the
Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices
on orders by others for like deliverables under similar terms of purchase.
20, WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to all
deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims,
security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and
against all adverse title claims to the deliverables.
21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all deliverables
sold the City under the Contract sha11 be free from defects in design, warkmanship or manufacture, and
conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any
samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all
applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless
otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or
reconditioned.
A. Only new materials shall be used for this project.
B. The Contractor may not lixnit, exclude or disclaim the foregoing warranty or any warranty implied by
law; and any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warranty period shall be at least five years from the date
of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. ff
during the warranty period, one or more of the above warranties are breached, the Contractor shall
promptly upon receipt of demand either repair the non-conforming deliverables, or replace the non-
conforming deliverables with fully conforming deliverables, at the City's option and at no additional
cost to the City. All costs incidental to such repair or replacement, including but not limited to, any
packaging� and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to
give the Contractor written notice of the breach of warranty within thirty (30) calendar days of
discovery of the breach of warranty, but failure to give timely notice shall not impair the City's rights
under this section.
D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming deliverables
as required by the City, then in addition to any other available remedy, the City may reduce the
quantity of deliverables it may be required to purchase under the Contract from the Contractor, and
purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the
City upon demand the increased cost, if any, incurred by the City to procure such deliverables from
another source:
E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate
manufacturer's warranty, the Contractor shall transfer and assign such manufacturer's warranty to the
City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the
Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer's
warranty for the benefit of the City.
22. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be provided
the City under the Contract will be fully and timely performed in a good and workmanlike manner in
accordance with generally accepted industry standards and practices, the terms, conditions, and covenants
of the Contract, and all applicable Federal, State and local laws, rules or regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by
law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least five years from the
Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the
Contractor shall promptly upon receipt of demand perform the services again in accordance with
above standard at no additional cost to the City. All costs incidental to such additional performance
shall be borne by the Contractar. The City shall endeavor to give the Contractor written notice of the
breach of warranty within thirty (3 0) calendar days of discovery of the breach warranty, but failure to
give timely notice shall not impair the City's rights under this section.
C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard
as required by the City, then in addition to any other available remedy, the City may reduce the
amount of services it may be required to purchase under the Contract from the Contractor, and
purchase conforming services from other sources. In such event, the Contractor shall pay to the City
upon demand the increased cost, if any, incurred by the City to procure such services from another
source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORlVIING DELIVERABLES: If, instead
of requiring immediate correction or removal and replacement of defective or non-conforming
deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs,
losses and damages attributable to the City's evaluation of and determination to accept such defective or
non-conforming deliverables. If any such acceptance occurs prior to imal payment, the City may deduct
such amounts as are necessary to compensate the City for the diminished value of the defective or non-
conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to
the City by the Contractor.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question
the other party's intent to perform, demand may be made to the other party for written assurance of the
intent to perform. In the event that no assurance is given within the time specified after demand is made,
the demanding parry may treat this failure as an anticipatory repudiation of the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the
Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or
in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the
Contractor will cease all work until notif'ied by the City that the violation or unsafe condition has been
corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of
such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully,
timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide
adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the
bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractar's Offer, or
in any report or deliverable required to be submitted by the Contractor to the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the
right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless
otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period,
cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such
default does not, in fact, exist. In addition to any other rernedy available under law or in equity, the City
shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result
of the Contractor's default, including, without limitation, cost of cover, reasonable attorneys' fees, court
costs, and prejudgment and post judgment interest at the maximum lawful rate. Additionally, in the event
of a default by the Contractor, the City may remove the Contractor from the City's vendor list for three
(3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All
rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy
provided by law.
28. TER.NIINATION WITHOUT CAUSE: The Ciiy shall have the right to terminate the Contract, in
whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt
of a notice of termination, the Contractar shall promptly cease all further work pursuant to the Contract,
with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to
the extent of funds appropriated or otherwise legally available for such purposes, for all goods delivered
and services performed and obligations incurred prior to the date of termination in accordance with the
terms hereof.
29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable
required to be submitted by the Contractor to the City shall be gounds for the termination of the Contract
for cause by the City and may result in legal action.
30. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the
City deems it is in its best interest. If such delay causes an increase in the cost of the work under the
Contract, the City and the Contractar shall negotiate an equitable adjustment far costs incurred by the
Contractor in the Contract price and execute an amendment to the Contract. The Contractor must
assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice
of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process
specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from
delaying the delivery as notified.
B. Neither party shall be liable far any default or delay in the performance of its obligations under this
Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil
commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable
control of such Party. In the event of default or delay in contract performance due to any of the
foregoing causes, then the time for completion of the services will be extended; provided, however, in
such an event, a conference will be held within three (3) business days to establish a mutually
agreeable period of time reasonably necessary to overcome the effect of such failure to perform.
31. INDElVIlVITY:
A. Defmitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments
and liability of every character, type or description, including all reasonable costs aud expenses of
litigation, mediation or other alternate dispute resolution mechanism, including attorney and other
professional fees for: (1) damage to or loss of the property of any person (including, but not
limited to the City, the Contractor, their respective agents, officers, employees and subcontractors;
the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death,
bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages
to any person (including but not limited to the agents, officers and employees of the City, the
Contractor, the Contractor's subcontractors, and third parties),
ii. "Fault" shall include the sale of defective or non-conforming deliverables, negligence, willful
misconduct or a breach of any legally imposed strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CIT�, INDEMNIFY,
AND HOLD THE CITY, ITS SUCCESSORS, ASSIGN5, OFFICERS, EMPLOYEES AND
ELECTED OFFICIALS HA�ZIHII.,ESS FROM AND AGAINST ALL INDEIVINIFIED CLAIMS
DIltECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM
THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS,
EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE
CONTRACTOR'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL
BE DEEMED TO LIlVIIT THE RIGHTS OF THE CITY OR THE CONTRACTOR
(INCLUDING, BUT NOT LIMITED TO, TFIE RIGHT TO SEEK CONTRIBUTIOl�
AGAINST ANY TFIIRD PARTY WHO MAY BE LIABLE FOR AN INDENIN�'IED CLAIM.
32. INSURANCE: The following insurance requirements are applicable, in addition to the specific
insurance requirements detailed in Attachment A. The successful firm shall procure and maintain
insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be
written by a company licensed to do business in the Sta.te of Texas and satisfactory to the City of Denton.
A. General Requirements:
i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and ageed
to, as submitted to the City and approved by the City within the procurement process, for the
duration of the Contract, including extension options and hold over periods, and during any
warranty period.
ii. The Contractor shall provide Certificates of Insurance with the coverages and endorsements
required to the City as verification of coverage prior to contract execution and within fourteen (14)
calendar days after written request from the City. Failure to provide the required Certificate of
Insurance may subject the Offer to disqualification from consideration for award. The Contractor
must also forward a Certificate of Insurance to the City whenever a previously identified policy
period has expired, or an extension option or hold over period is exercised, as veriiication of
continuing coverage.
iii. The Contractor shall not commen�e work until the required insurance is obtained and until such
insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or
decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of
liability on the part of the Contractar.
iv. The Contractor must submit certificates of insurauce to the City for all subcontractors prior to the
subcontractors commencing work on the project.
v. The Contractor's and all subcontractors' insurance coverage shall be written by companies licensed
to do business in the State of Texas at the time the policies are issued and shall be written by
companies with A.M. Best ratings of B+VII or better. The City will accept workers' compensation
coverage written by the Texas Workers' Compensation Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation
endorsements as well as the Certificate of Insurance shall contain the solicitation number and the
following information:
City of Denton
Materials Management Department
901B Texas Street
Denton, Texas 76209
vii. The "other" insurance clause shall not apply to the City where the City is an additiona.l insured
shown on any policy. It is intended that policies required in the Contract, covering both the City
and the Contractor, shall be considered primary coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall
carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess
Liability Insurance is provided, it shall follow the form of the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to
review certified copies of policies and endorsements thereto and may make any reasonable
requests far deletion or revision or modification of particular policy terms, conditions, limitations,
or exclusions except where policy provisions are established by law or regulations binding upon
either of the parties hereto or the underwriter on any such policies.
x. The City reserves the right to review the insurance requirements set forth during the effective
period of the Contract and to make reasonable adjustments to insurance coverage, limits, and
exclusions when deemed necessary and prudent by the City based upon changes in statutory law,
court decisions, the claims history of the industry or fmancial condition of the insurance company
as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse
during the term of the Contract or as required in the Contract.
Xii. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any,
stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of
Insurance.
xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written notice of
erosion of the aggregate limits below occurrence limits for all applicable coverage's indicated
within the Contract.
xiv. The insurance coverages specified in within the solicitation and requirements are required
minimums and are not intended to limit the responsibility or liability of the Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation
instrument.
33. CLAIlVIS: If any claim, demand, suit, or other action is asserted against the Contractor which arises
under or concerns the Contract, or which could have a material adverse affect on the Contractor's ability
to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar
days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of
any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis
thereof; and the name of each person against whom such claim is being asserted. Such notice shall be
delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal
delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201.
34. NOTICES: Unless otherwise speciiied, all notices, requests, or other communications required or
appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3)
business days after postrnarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt
Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee.
Routine communications may be made by first class mail, telefax, ar other commercially accepted means.
Notices to the Contractor shall be sent to the address specif'ied in the Contractor's Offer, or at such other
address as a party may notify the other in writing. Notices to the City shall be addressed to �the City at
901 B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager.
35. RIGHT5 TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by
the Contractor to the City shall become property of the City upon receipt. Any portions of such material
claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public
nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government
Code.
36. NO WA_RRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and
warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the
deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in
the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or
any other intellectual property right of any kind of any third party; that no claims have been made by any
person or entity with respect to the ownership or operation of the deliverables and the Contractor does not
know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify,
and hold the City harmless from and against all liability, damages, and costs (including court costs and
reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the
City's exercise anywhere in the world of the rights associated with the City's' ownership, and if
applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any
third party; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated in
this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its
option engage its own separate counsel to act as co-counsel on the City's behal£ Further, Contractor
agrees that the City's specifications regarding the deliverables shall in no way diminish Contractor's
warranties or obligations under this paragraph and the City makes no warranty that the production,
development, or delivery of such deliverables will not impact such warranties of Contractor.
37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require
access to certain of the City's and/or its licensors' confidential information (including inventions,
employee information, trade secrets, confidential know-how, confidential business information, and other
information which the City ar its licensors consider conf'idential) (collectively, "Confidential
Infortnation"). Contractor acknowledges and agrees that the Conf'idential Information is the valuable
property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other
release of the Confidential Information will substantially injure the City and/or its licensors. The
Contractor (including its employees, subcontractors, agents, or representatives) agees that it will
maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy,
divulge, recreate, or otherwise use the Conf'idential Information without the prior written consent of the
City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is
required to be disclosed by law or an order of any court or other governmental authority with proper
jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as
to permit the City reasonable time to seek an appropriate protective order. The Contractor agees to use
protective measures no less stringent than the Contractor uses within its own business to protect its own
most valuable information, which protective measures shall under all circumstances be at least reasonable
measures to ensure the continued confidentiality of the Confidential Information.
38. OWNERS�IP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests
throughout the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees to
disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor
agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and
interest to specific inventions under such patentable subj ect matter to the City and to execute,
acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and
deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City
upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractar agrees that
upon their creation, such deliverables shall be considered as work made-for-hire by the Contractor for
the City and the City shall own all copyrights in and to such deliverables, provided however, that
nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables
arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of
law, such deliverables not be considered works made-for-hire, the Contractor hereby assigns to the
City (and agrees to cause each of its employees providing services to the City hereunder to execute,
acknowledge, and deliver an assignment to the City ofj all worldwide right, title, and interest in and
to such deliverables. With respect to such work made-for-hire, the Contractor agrees to execute,
acknowledge, and deliver and cause each of its employees providing services to the City hereunder to
execute, acknowledge, and deliver a work-made-for-hire agreement, in a form to be reasonably
approved by the City, to the City upon delivery of such deliverables to the City or at such other time
as the City may request.
C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its
employees tq execute, acknowledge, and deliver all applications, specifications, oaths, assignments,
and all other instruments which the City might reasonably deem necessary in order to apply for and
obtain copyright protection, mask work registration, trademark registration and/or protection, letters
patent, or any similar rights in any and all countries and in order to assign and convey to the CiTy, its
successars, assigns and nominees, the sole and exclusive right, title, and interest in and to the
deliverables. The Contractor's obligations to execute, acknowledge, and deliver (or cause to be
executed, acknowledged, and delivered) insiruments or papers such as those described in this
Paragraph 3 S a., b., and c. shall continue after the termination of this Contract with respect to such
deliverables. In the event the City should not seek to obtain copyright protection, mask work
registration or patent protection for any of the deliverables, but should desire to keep the same secret,
the Contractor agrees to treat the same as Confidential Information under the terms of Paragaph 37
above.
39. PUSLICATIONS: All published material and written reports submitted under the Contract must be
ariginally developed material unless otherwise specifically provided in the Contract. When material not
originally developed is included in a report in any form, the source shall be identified.
40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior consent, the
fact that the City has entered into the Contract, except to the extent required by law.
41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been
employed or retained to solicit or secure the Contract upon any agreement or understanding for
commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide
established commercial ar selling agencies maintained by the Contractor for the purpose of securing
business. For breach or violation of this warranty, the City shall have the right, in addition to any other
remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the
Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or
contingent fee.
42. GRATLTiTIES: The City may, by written notice to the Contractor, cancel the Contract without
liability if it is determined by the City that gatuities were offered or given by the Contractor or any agent
or representative of the Contractor to any officer ar employee of the City of Denton with a view toward
securing the Contract or securing favorable treatment with respect to the awarding ar amending or the
making of any determinations with respect to the performing of such contract. In the event the Contract is
canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights
and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such
gratuities.
43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee,
independent consultant, or elected ofFicial of the City who is involved in the development, evaluation, or
decision-making process of the performance of any solicitation shall have a imancial interest, direct or
indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall
constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary
action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or
implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete
and submit the City's Conflict of Interest Questionnaire (Attachment G).
44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall be those
of an independent contractor. The Contractor agrees and understands that the Contract does not grant any
rights or privileges established for employees of the City of Denton, Texas for the purposes of income t�,
withholding, social security taXes, vacation or sick leave benefits, worker's compensation, or any other City
employee benefit. The City shall not have supervision and control of the Contractor or any employee of the
Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to
the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his
designee under this agreement.
45. ASSIGNIVIENT-DELEGATION: The Contract shall be binding upon and ensure to the benefit of
the City and the Contractor and their respective successors and assigns, provided however, that no right or
interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without
the prior written consent of the City. Any attempted assignment ar delegation by the Contractor shall be
void unless made in conformity with this paragraph. The Cont�act is not intended to confer rights or
beneiits on any person, firm or entity not a party hereto; it being the intention of the parties that there are
no third pariy beneficiaries to the Contract.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in
part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or the
City of any one or more events of default by the other party shall operate as, or be construed to be, a
permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of
any other e�sting or future default ar defaults, whether of a similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both
parties. No pre-printed or similar terms on any the Contractor invoice, order or other document shall have
any force or effect to change the terms, covenants, and conditions of the Contract.
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive
statement of the terms of their agreement. No course of prior dealing between the parties or course of
performance or usage of the trade shall be relevant to supplement or explain any term used in the
Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the
parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more
strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as
enacted by the State of Te�s, is used in the Contract, the UCC defmition shall control, unless otherwise
defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate
priar to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit
to toll the running of a statute of limitations or to seek injunctive relie£ Either party may make a
written request for a meeting between representatives of each parly within fourteen (14) calendar days
after receipt of the request or such later period as agreed by the parties. Each party shall include, at a
minimum, one (1) senior level individual with decision-making authority regarding the dispute. The
purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the
dispute. If, within thirty (30) calendax days after such meeting, the parties have not succeeded in
negotiating a resolution of the dispute, they will proceed directly to mediation as described below.
Negotiation may be waived by a written agreement signed by both parties, in which event the parties
may proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills
to assist with resolution of the dispute. Should they choose this option; the City and the Contractor
agree to act in good faith in the selection of the mediator and to give consideration to qualified
individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on
the skills of a person who is trained in the subject matter of the dispute or a contract interpretation
expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the
mediation process, the mediator shall be selected by the Denton County Alternative Dispute
Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to
thirty (3 0) calendar days from the date of the first mediation session. The City and the Contractor will
share the mediator's fees equally and the parties will bear their own costs of participation such as fees
for any consultants or attorneys they may utilize to represent thern or otherwise assist them in the
mediation. .
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of
the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas,
V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply
the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved
in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal
jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or
restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as
contemplated herein.
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in
no way affect the validity or enforceability of any other portion or provision of the Contract. Any void
provision shall be deemed severed from the Contract and the balance of the Contract shall be construed
and enforced as if the Contract did not contain the particular portion or provision held to be void. The
parties fiu-ther agree to reform the Contract to replace any stricken provision with a valid provision that
comes as close as possible to the intent of the stricken provision. The provisions of this section shall not
prevent this entire Contract from being void should a provision which is the essence of the Contract be
determined to be void.
52. HOLIDAYS: The following holidays are observed by the City:
New Year's Day (observed)
MI,K Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls
on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between
8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled
deliveries or work performance not within the normal hours of operation must be approved by the City
Manager of Denton, Texas or his authorized designee.
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing
obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality
obligations of the parties, shall survive the expiration or termination of the Contract.
54. NON-SUSPENSION OR DEBARlV�NT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub-awards to parties that are
suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of
Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its
principals are not currently suspended or debarred from doing business with the Federal Government, as
indicated by the General Services Administration List of Parties Excluded from Federal Procurement and
Non-Procurement Programs, the State of Texas, or the City of Denton.
55. EQUAL OPPORTLTNITY
A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory
employment practice. No person shall, on the grounds of race, sex, age, disability, creed, color, genetic
testing, ar national origin, be refused the benefits of, or be otherwise subjected to discrimination under
any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall engage
in any discriminatory employment practice against individuals with disabilities as defined in the
ADA.
56. BiJY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements)
The following federally funded requirements are applicable, in addition to the specific federally funded
requirements detailed in Attachment B:
A. Definitions. As used in this paragaph —
i. 'rComponent" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Contractor, the acquisition cost, including transportation
� costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic firm), and any applicable duty (whether or not a duty-free eniry certificate is issued);
or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transportation costs as described in paragraph (1) of this definition,
plus allocable overhead costs, but excluding profit. Cost of components does not include any
costs associated with the manufacture of the end product.
iii. "Domestic end product" means=
(1) An unmanufactured end product mined or produced 'in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined,
produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in suff'icient and reasonably available
commercial quantities of a satisfactory quality are treated as domestic. Scrap generated,
collected, and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contxact far
public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. l0a - lOd) provides a preference for domestic end products for
supplies acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract;
but will consider for approval foreign articles as domestic for this product if the articles are on a list
approved by another Governmental Agency. The Offeror shall submit documentation with their Offer
demonstrating that the article is on an approved Governmental list.
D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery
of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information
presented in any response to this solicitation, whether amended or not, except as prohibited. by law.
Selection of rejection of the submittal does not affect this right.
58. LICENSE FEES OR TAI�S: Provided the solicitation requires an awarded contractor or supplier to be
licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent.
59. PREVAILING WAGE RATES: All respondents will be required to comply with Provision 5159a of
"Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage
rates and prohibiting discrimination in the employment practices.
http://www. access. gpo. gov/davisbacon/�.html
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor ar
supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must
comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 ofthe
Texas Pena1 Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the
offering or conferring of benefits to public servants. The Respondent shall give all notices and comply
with all laws and regulations applicable to furnishing and performance of the Contract.
61. FEDERAL, STATE, AND LOCAL REQUII2EMENTS: Respondent shall demonstrate on-site
compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the
Revenue Act of of 1978, dealing with issuance of Form W-2's to common law employees. Respondent is
responsible for both federal and State unemployment insurance coverage and standard Warker's
Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax
laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees
for any Unemployment or Workers' Compensation coverage, or federal or State withholding
requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, ar losses
resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORi�LACE: The contractor shall comply with the applicable provisions of the
Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.)
and maintain a drug-free work environment; and the fmal rule, government-wide requirements for drug-
free work place (grants), issued by the Office of Management and Budget aud the Department of Defense
(32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is
incorporated by reference and the contractar shall comply with the relevant provisions thereof, including
any amendments to the final rule that may hereafter be issued.
63. R�SPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property and
equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including
any delivery or cartage company, in connection with any performance pursuant to the Contract. The
Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within
one (1) calendar day.
64. FORCE MAJEiTRE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under the Contract should it be prevented from performance by an act of war,
order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence
of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused
from any further performance or observance of the requirements so affected for as long as such
circumstances prevail and the Respondent continues to use commercially reasonable efforts to
recommence performance or observance whenever and to whatever extent possible without delay. The
Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be
confumed in writing within five (5) calendar days of the inception of such occurrence) and describe at a
reasonable level of detail the circumstances causing the non-performance or delay in performance.
65. NON-WAIVER OF RIGHTS: Failure of a Pariy to require performance by another Party under the
Contract will not affect the right of such Party to require performance in the future. No delay, failure, or
waiver of either Party's exercise or partial exercise of any right or remedy under the Contract shall
operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a
Party �f any breach of any term of the Contract will not be construed as a waiver of any continuing or
succeeding breach.
66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the
Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit
or from liability that the City of Denton may have by operation of law.
67. RECORDS RETENTION: The Respondent shall retain all finaricial records, supporting documents,
statistical records, and any other records or books relating to the performances called for in the Contract.
The Respondent shall retain all such records for a period of five (5) years after the expiration of the
Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are
resolved, whichever period is longer. The Respondent shall grant access to all books, records and
documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental
entity that has authority to review records due to federal funds being spent under the Contract.
ADDITIONAL TERMS AND CONDITION5
Contract Term
It is the intention of the City of Denton to award a contract for construction of the masonry fence for
the Bonnie Brae Substation as described in the drawings and specifications. Materials and services
undertaken pursuant to this RFP will be required to commence witl�in fourteen (14) days of delivery
of a Notice of Award. The services shall be accomplished per the Scope of Work as identified in
Section III, the Procurement Process and Procedures as outlined in Section II, and shall conform to
the requ.irements contained in the Technical Specification in E�ibit 2.
The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and
shall automatically expire upon completion of the work and acceptance by the City of Denton.
Pricin
Only firm, lump sum pricing with no escalation will be accepted for this proj ect.
Price Adiustments
Price adjustments, will not be allowed for this project unless a change in scope is approved that
increases or decreases the amount of work required.
Requests or proposals for changes in scope must be submitted in writing with documentation that
provides justification for the change and supporting evidence that describes the basis for the cost
change.
Upon receipt of such request, the City of Denton reserves the right to either: accept the proposed
change as competitive with the general market price at the time and issue appropriate
authorizations or reject the increases within 30 calendar davs after receipt of a properly
submitted request. No work shall be underta.ken on a proposed change until authorized by the
City of Denton in the form of a Purchase Order change and/or other documentation appropriate
to amending the contract.
The request can be sent by e-mail to: purchasin�(a�cityofdenton.com .
Or mail to:
City of Denton
Attn: Purchasing Manager
RFP # 4811
901B Texas Street
Denton, Texas 76209
Or call:
City of Denton Purchasing
(940) 349-7100
The City of Denton reserves the right to accept, reject, or negotiate any proposed price changes.
Substitutions
Substitutions are not permitted without the written approval of the City of Denton Purchasing
Department.
Rights to Dataz Documents, and Computer Software (Government Entity Ownership)
Any software, research, reports studies, data, photographs, negatives or other documents,
drawings or materials prepared by contractar in the performance of its obligations under this
contract shall be the exclusive property of the City and all such materials shall be delivered to the
City by the contractor upon completion, termination, or cancellation of this contract. Contractor
may, at its own expense, keep copies of all its writings for its personal files. Contractor shall not
use, willingly allow, or cause to have such materials used for any purpose other than the
performance of contractor's obligations under this contract without the prior written consent of
the City; provided, however, that contractor shall be allowed to use non-confidential materials
for writing samples in pursuit of the work.
The ownership rights described herein shall include, but not be limited to, the right to copy,
publish, display, transfer, prepare derivative works, or otherwise use the works.
Addin� New Products or Services to the Contract after Award
Following the Contract award, ADDITIONAL services of the same general category that could
have been encompassed in the award of this contract, and that are not already on the contract,
may be added. A formal written request may be sent to successful Contractor to provide a
proposal on the additional services and shall submit proposal to the City as instructed. All
submitted prices are subject to negotiation in accordance with Texas Government Code 2254.
The City may accept or reject the proposal, and may issue a separate RFQ for the services
requested, after rejecting some, or all, of the proposal. The services covered under this provision
sha11 conform to the statement of work, specifications, and requirements as outlined in the
request. Contract changes shall be made in accordance with Local Government Code 252.048.
uantities `
The quantities indicated on the drawings and in the Technical Specification are believed to be
accurate but shall be considered only as estimates. The proj ect requires complete and functional
construction of the substation perimeter fence in accordance with the d'unensions presented on
the project documents. Differences between the quantities of material required and the estimated
quantities will not be considered as basis for a change in the price for the project. In subrnitting a
proposal, the proposer is stating that he has reviewed the project drawings and specifications and
understands their intent and has checked the quantities and dimension and is asserting that the
proposal is intended to account for all conditions and quantities to complete the project as
described in the plans and specification.
Product Chan�es Durin� Contract Term
The supplier shall not change specifications during the contract term without prior approval.
Any deviation in the specifications or change in the product must be approved in advance by the
City of Denton. Notice of a change shall be submitted in writing to
purchasing(c�citvofdenton.com with the RFP number in the subject line, for review. Products
found to have changed specifications without notification, and acceptance, will be rejected and
must be removed frorn the site at the supplier's expense. Products that have been installed shall
be replaced at the supplier's expense.
Samples
Respondents must make samples available in accordance with the specification and upon request
by the City of Denton prior to award with no costs to the City.
Contracts and Bonds
Successful awarded contractor will be required to sign original contract and submit a
performance bond for $1 million or 110 percent of the total proposal submitted and payment
bond for $1 million or 100 percent of the total proposal submitted, whichever is the lessor, before
work is to commence. The awarded contractor will be required to increase the bond amount(s)
should the cumulative total exceeds $1 million. The contractor shall assume all costs in
increasing the bond limits.
To be considered, contractor must include an acceptable proposal bond, cashier's check, or
certified check in an amount not less than 5% of the total proposal or $15,000, whichever is less.
All proposals received without the above will be rej ected and considered non-responsive.
Contractor Business Information
CITY OF DENTON
RFP #5063 FOR CONSTRUCTION OF THE
BONNIE BRAE SUBSTATION MASONRY FENCE
ATTACHMENT C
BUSINESS OVERVIEW QUE5TIONNAIRE
1. Contractor Name: Zagros Construction Co.
2. Address (Principle Place of Business: 15058 Beltway Dr.#119 Addison, Texas
3. Does your company have an established physical presence in the State of Texas, or the City of
Denton? Yes
4. T� Payer ID#: 3-20-1764227-6
5. Email Address of Primary contact: mail(�a,zagrosconstruction.com
6. Website Address: N/A
7. Telephone:972-385-7574
8. Fax:972-385-7579
9. Other I.ocations: N/A
10. Organization Class:
Partnership
Individual
Corporation �
Association
11. Date Established; June 2005
12. Former Business Name: N/A
13. Date of Dissolution: N/A
14. Subsidiary of : N/A
15. Historically Underutilized Business: es or No
16. Principals and Officers:
Joe Tabaee (Vice President) — Joe received his Bachelor of Science in Civil Engineering from
Lamar University, Beaumont Texas in 1979. Mr. Tabaee is currently Vice President and senior
project manager of Zagros Construction. Mr. Tabaee has been with Zagros Construction from the
beginning of this company and has helped Zagros to excel. Joe has over 30 years of progressive
CITY OF DENTON
RFP #5063 FOR CONSTRUCTION OF THE
BONNIE BRAE SUBSTATION MASONRY FENCE
experience in the field of construction, serving in various capacities on several major capital
improvement projects. Mr. Tabaee will also serve as project manager for this project and will be the
main point of contact with City of Denton for all coordination and contract matters.
17. Key Personnel and Responsibilities:
Patrick Adams (Superintendent) - Patrick Adams has over 8 years of experience in the field of
construction. He has provided construction support for numerous civil and infrastructure projects as a
superintendent and inspector. As const�uction superintendent duties include; coordination of
construction activities, scheduling labor, equipment and material delivery. Represent contractor on
project site. Implementation of safety procedures.
18. Number of Personnel by Discipline:
Disci line Number of Staff #
Admin 2
Professional 3
Technician 4
Skilled worker 8
Labor 8
19. Services Provided by Fum: Zagros Construction Co. is a general contractor working with both
the public and private sectors. We self-perform our work in the most complex and diverse
construction disciplines. Zagros offers wide range of contracting and construction management
services with emphasis on heavy civil construction. Our services include;
• Construction Management
• Masonry and Stucco
• Concrete Flat Work
• Paving and Drainage
• Site Preparation, Grading, Earthwork
• Demolition
• Pre-Engineered Metal Building
• Renovation
Please detail your prior experience working on similar projects with Texas governmental entities.
- Finish out of 5 rail stations for Denton County Transportation Authority consisting of masonry
work, column cladding, framing and stucco.
CITY OF DENTON
RFP #5063 FOR CONSTRUCTION OF THE
BONNIE BRAE SUBSTATION MASONRY FENCE
Please detail your similar services provided over the past two (2) years.
- Finish out of 5 rail stations for Denton County Transportation Authority's A train, consisting
of masonry work (CMLJ Block, Thin Brick), column cladding, metal stud framing and GYP
board on the steel structure, install EFIS, and apply stucco finish. Completed in 2011.
- Construction of pre-engineered maintenance building for expansion of DART Parker Road
park and ride facility. Consisting of installation of pre-engineered building and split face CMiJ
block. Completed in 2010.
- City of Richardson Fire Station No. 4. Provided labor and material and performed Installation
of brick, natural stone and cast stone. Completed in 2012.
Detail documented proof of at least three (3) projects in the past two (2) years. Please detail these
services, including, the nature of the services provided, and the scope of the activities, the
organizations for which the services were provided, the dates of the projects, and the documented
benefit to the governmental entity.
Finish out of 5 rail stations for Denton County Transportation Authority's A train, consisting
of masonry work, column cladding, framing and stucco. Completed in 2011.
Benefit to government entity- Since rail stations were one of the last items scheduled to be
constructed, timely completion of the stations was critical to overall project schedule. Zagros
Construction Company was asked to accelerate the construction schedule and was able to do
so by working around the clock to complete the schedule successfully.
Construction of pre-engineered maintenance building for expansion of DART Parker Road
park and ride facility. Consisting of installation of pr�engineered building and split face CMiJ
block. Completed in 2010.
Benefit to government entity- Close coordination with owner's representative to meet
schedule and work alongside other contractors. Participated in partnering sessions.
City of Richardson Fire Station No. 4. Provided labor and material and performed Installation
of brick, natural stone and cast stone. Completed in 2012.
Benefit to government entity- Cooperation with owner's architect to satisfy colar change of
the mortar to match existing material.
20. Has your company filed or been named in any litigation involving your company and the
Owner on a contract within the last five years under your current company name or any other
company name? If so provide details of the issues and resolution if available. Include lawsuits
where Owner was involved.
�
21. Please provide at least (3) three references (preferably municipalities) and contract amounts.
Include project description, contact names, position, and organization name and telephone
number for each reference listed. See attachment F.
CITY OF DENTON
RFP #5063 FOR CONSTRUCTION OF THE
BONNIE BRAE SUBSTATION MASONRY FENCE
22. Have you ever defaulted on or failed to complete a contract under your current company name
or any other company name? If so, where and why? Give name and telephone number of
Owner. NO.
23. Have you ever had a contract terminated by the Owner? If so, where and why? Give name and
telephone number (s) of Owner (s). NO
24. Has your company implemented an Employee Health and Safety Program cornpliant with 29
CFR 1910 "General Industry Standards" and/or 29 CFR 1926 "General Construction
Standards" as they apply to your Company's customary activities? YES
http://www.osha.�ov/pls/oshaweb/owasrch.search form?� doc tvne=STANDARDS&� toc_le
ve1=1&p ke�alue=1926
25. Please state the liability and other insurance coverage(s) that will be provide for this project.
Acknowledged.
26. Please indicate the total number of projects your Firm has undertaken within the last five years?
21
CITY OF DENTON
RFP #5063 FOR CONSTRUCTION OF TFIE
BONNIE BRAE SUBSTATION MASONRY FENCE
���as �1nJf��o.
Disadvantaged Business
o e Enterprise Certification � TUCP �
�0 ALR
No�thCentmlT slteglowlCertlficz��onAgenry �� t�~
cat:on Q
Buyers Barricades, Inc.
Oisativan[aged Business Enterpdse
has Illed witl. ihc Ageucy nnAffitlTVlt u+ deMed by 49 CFR Purl Efi and is Lerchy certifed
[o providC 9Wicc(v) In thc folluwing arms:
423440; 338950; 334290;
Olher Commerolal Equipmant Merchent Wholesalere; Sign ManufaoWdng; Other
Communicalbns Equipmenl ManuFacWring;
Tl�i> CertificaKov is va13d begiuing _ February 2012 antl superceded any re�istretio�� or Nsdn�
previnusly iseu�ed. This cerHOcaHon musi ne upJaYed amivally by submission ol an Annunl Updnte AIY�avfL.AI any limc
thera Is a cl�vuge in ownerslup or cnntrol of Ihe flrny notlMuNnm m�sl be ma�e h�micdietcly fo the Norlh Cen�ro] Texxa
Regionel CertSRceHen Agency. '
Ccrkircatoerpfi:�Non February ,20 �3 � ��
ccrnacuu�� na�.�n�a«�sia�
Lsoueddate Fabfuary .�p 12
CERTTRICA7'IONNU. WF�B52898Y0213 �
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Historically Underutilized Business
Certification and Compliance Program
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The Texas Comptroller of Public Accounts (CPA),
hereby certifies that
ZAGROS CONSTRUCTION CO
has successfully met the established requirements of the
State of Texas Historically Underutilized Business (HU8) Program
to be recognized as a HUB.
This cenificale, pnnted 30-�EC-201 7, supersedes any regislrat�on anA cenilir.ate previously Issued by 1�0
HUB Progrem. II �here ere any changes regardin8 �he Inlortnatlan (i-e., 6usiness sirur.wre, ownerehlp, tlay-�o-
tley mana9emenl, operatlonal wnlrol, etltlresses, Dhona and le�c numbers or euthoNZetl signeturas) pmvitled In
iha submisslon ol ihe businass' appllcatlon for regislratioNcertili�aUon es e HUB, you must immedlaiely (withfn
30 deya o( auch chanBes) notily Ihe HUB P�egrem in wri�inB� The CPA ra s Ihe righl lo r.onducl a
compllance review at eny �Ime �o conflrm HUB eliglbillly. HUB cerUlicalion mey be suspended or rovokod upon
Ifndings af inellgibilily-
Certilicate/VID Num6or. 12fi4fi98157600
FilelVendor Number: 4�2852
Appraval �ale: 28-OEG2011
Expirelion Dale: 28-DEC-2015
�a..� �. ��,k�.,�
Paul A. Gibson
Stetawl�le HU9 Program Menager
Texas Complmller ol Pu61ic Accounts
Teras Pmcuremeirt antl Supporl Servica6 �Nlslon
Nole: In order lor S�a�e apencles and �nsnwtiuns ol higher etluca�ion (un�versitlas) ro bo crediled 1or �lilizing �his
business as a HUB, Ihey must oward paymen� under Ihe CehillcateNlD Num6er ldentifled abave. Agencies and
niverslties a couleged b valitlpla HUB ceNillcel(an �riar m ia uing n nolice oi awprtl by accaesing the
Inlamat (htlp'I/www.wlntlow.state.ix.us/procuremenv/embVhubonly.hVnl) ar hy conlaclinp Ihe HUB Program el
(eee) ea3-seet or (siz) 4sa-se�2.
Form CIQ
Conflict of Interest Questionnaire
ONFLICT 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. 1491, 80th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received
person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the local government not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local Government Code. An
offense under this section is a Class C misdemeanor.
1 Name of person 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 the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom filer has an employment or business relationship.
/' �
Nam o D icer
This section, (item 3 including subparts A, B, C& D), must be completed f each officer with whom the filer 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
filer of the questionnaire?
0 Yes 0 No
B. Is the filer of the questionnaire 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?
0 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 10 percent or more?
0 Yes � No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental entity Date
Adopted 06/29/2007
CIQ - 1
Insurance Documentation
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's atte�ition rs directed to the insurance requirements below. It is highly recommended
that birlders confer with their respective insurance carriers or brokers to deterrraine in advance
of Bid subniission tlze availability of' insurance certificates and endorsements as prescr•ibed
and provided hereirc. If aiz apparent low bidde� fails to compCy strictly with the insura�zce
requirements, that bidder rrcay be disyualified fronz award of the contract. Upon bid award, all
insura�zce requirements shall beconce contractual obligations, which the successficl biddet•
shall have a tluty to ntaintain throughout t/ze coacrse of this contract.
STANDARD PROVISIONS:
Withoict limiting afzy of the other obligc�tions oY liabilities of the Contractor, the Contractor shc�ll
pl°ovide c�nd nac�intccin u�atil the cont�^acted ��ork hccs been completed and accepted by the Citv of
Dentofz, OwneY, the �ninimum inszcranee eove�age as indicc�tec� hereinc�fter.
As soon as pYCCCticable afteY notification of bicl award, ContNCCCtor shall file with the Pizrchasing
Depaf°tinent satisfactory certificcrtes of i�zstcrance, containing the bicl numbe� c�nd iitle of the
project, Contrc�ctof° �nay, ztipon written request to the Ptc�chasing Department, ask for
clarification of any insZirance reqTCireme�Zts at czny time; however, Contractors are strorzgly
advised to make such reqtcests prior to bicl openi�ag, since the insLir�c�nce requirements may not be
tnodifzed or waived after bid opening unless a wNitten exception has been sa�bmitted with the bicl.
ContNacto�� shall not comnzence any work or deliver any naaterial acntil he oN she receives
�zotification that the contract has been accepted, approved, and signed by the City of De►zton.
AZl insccrccnce policies p�oposed or obtczi�Zed in sc�tisfaction of these reqt�ire�nents shall compZy
with the follotivi�ag gener•ccl specificc�tioras, ancl shall be mc�intcci�zed i�a compliccnce with these
general specifications throctghocst the de�rcztion of tlae Contract, of� ZongeY, if so notecl:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A- VII or better.
• Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
CI-9
• That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that this
insurance applies separately to each insured against whom claim is made or
suit is brought. The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability.
• Cancellation: The City reqacires 30 day writte�z notice sliould any of the
policies describe�l on the certrficate be ca�acetled oN materially changed
before the expiration date.
• Should any of the required insurance be provided under a claiins-made fonn,
Contractor shall maintain such coverage continuously throughout the term of
this contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give
rise to claims made after expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that
includes a general arulual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate liinit, the
Contractor shall either double the occur�ence limits or obtaui Owners and
Contractors Protective Liability Insurance.
• Should any required 'uisurance lapse during the contract term, requests for
payinents originating a$er such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by tlus contract,
effective as of the lapse date. If insurance is not reinstated, City may, at its sole
option, terminate this agreeinent effective on the date of the lapse.
CI - 10
SPECIFIC ADDITIONAL IN5URANCE REQUIREMENTS:
All insairance policies proposed or obtained in satisfactio� of this Contract shall ad�litionally
comply with the f'ollowi�zg marked specificatio�as, and shall be maintained in compliance with
these additional specif catio�ZS tlzroughout the ciccration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00
shall be provided and maintained by the Contractar. The policy shall be written on an
occui-rence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability foi7n (ISO Form CG 0041 current edition) is used:
� Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this contract
and broad foi7r► property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Foi-m GL 0002 Current Edition and
ISO Fonn GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractars and property damage
resulting from explosion, collapse or underground (XCU) exposures.
• Broad form contractual liability (preferably by endorsement) covering tlus
contract, personal injury liability and broad form property da�nage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Coinbined Single
Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of
basic and uinbrella or excess policies. The policy will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipinent used in conjunction with this contract.
Satisfaction of the above requireinent shall be in the form of a policy endorseinent for:
• any auto, or
• all owned, hired and non-owned autos.
CI - 11
[X] Workers' Compensation Insurance
Contractor shall purchase and maintaul Worker's Compensation insurance which, in addition
to meeting tl�e minimum statutory requirements for issuance of such insurance, has
Employer's Liabiliry limits of at least $100,000 for each accident, $100,000 per each
employee, and a$500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation
Coinmission (TWCC).
[] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which inay arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be on
an "occurrence" basis, and the policy shall be issued by the same insurance company that
carries the Contractor's liability insurance. Policy limits will be at least combined bodily
injmy and property damage per occurrence with a aggregate.
[ ] Professional Liability Insurance
Professional liability insurance with liinits not less than per claiin with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreeinent.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Nained Insured" the City of Denton and all
subcontractors as their interests inay appear.
CI - 12
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the preinises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a"blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications.
CI - 13
ATTACHMENT 1
[X] Workers' Compensation Coverage for Euilding or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate
of authority to self-insure issued by the commission, or a coverage agreement (TWCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation
insurance coverage for the person's or entity's einployees providing services on a
project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project
until the contractor's/person's work on the project has been coinpleted and accepted by
the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities perfoi-ming all or part of the services the contractor has undei-taken to
perfonn on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or einployees of any entity which
furnishes persons to provide services on the project. "Services" include, without
liinitation, providing, hauling, or delivering equipment or inaterials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the gover�unental entity showing that
coverage has been extended.
E. The contractor shall obtain froin each person providing services on a project, and
provide to the governmental entity:
CI - 14
1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showulg coverage for
all persons providing services on the project; and
2) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the govenunental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provisioii of coverage of any person providing
seivices on the project.
H. The contractor shall post on each project site a notice, in the text, fonn and manner
prescribed by the Texas Workers' Compensation Cominission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
1) provide coverage, based on proper reporting of classification codes and payroll
ainounts and filing of any coverage agreeinents, which meets the statutory
requireinents of Texas Labor Code, Section 401.411(44) for all of its einployees
providing services on the project, for the duration of the project;
2) provide to the contractor, prior to that person begimling work on the project, a
certificate of coverage showing that coverage is being provided for all employees of
the person providing services on the project, for the duration of the project;
3) provide the contractor, prior to the end of the coverage period, a new certiticate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
4) obtain from each other person with whom it contracts, and provide to the contractor:
a) certificate of coverage, prior to the other person begiiu�ing work on the project;
and
b) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the cunent certificate of
coverage ends during the duration of the project;
CI - 15
5) retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have kuown, of any change that
inaterially affects the provision of coverage of any person providing services on the
project; and
7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) -(7), with the certificates of coverage to be provided to the person for
whom they are providing seivices.
By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-I�isurance Regulation. Providing false
or misleading information may subject the cont�actor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract by
the contractor which entitles the governmental entity to declare the contract void if the
contractor does not reinedy the breach within ten days after receipt of notice of breach
from the govenunental entity.
CI - 16
A�� °� CERTIFICATE OF LIABILITY INSURANCE i2�2g�2oi2'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Frampton Insurance Agency PHONE .(g72)239-1300 pC No: �972�239-1385
2097 N. Collins BLVC�. E-MAIL
ADDRE S:
SU1t2 ZOO INSURER(S AFFORDING COVERAGE NAIC #
Richardson TX 75083-3190 INSURERA:FIL'St. Mercur Insurance Com an
INSURED / ,�1 INSUFiERB:NOx'tt12TR Insurance Co. of NY
Zagros Construction Company V D�`19v iNSUReR c:Texas Mutual Insurance Com an
15058 Beltway Drive ��4G� iNSUaEao:American Zurich Ins. Com an
Suite 119 INSURERE:
Addison TX %�J�O�. INSURERF:
COVERAGES CERTIFICATE NUMBER:CL1232600050 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEFIIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD SUBR POLICY EFF POLICY EXP
LTR TYPE OF INS ANCE �N O POLICY NUMBER MMlDDIYYVV MM/DD/YYYY LIMITS
GENERAL LIABILITY X X EACH OCCURRENCE $ 1� OOO � OOO ��
DAMAGE TO RENTED 5O , OOO
X COMMERCIAL GENERAL LIABILITY / / PR MISES E occ rrence �
A CLAIMS-MADE a OCCUR ✓ TXCGL0000011262-01'� ED EXP (Any one person) $ 5, 000
5/19/2012 OS/18/2013 PERSONALa�AOV INJURY $ 1� 000� 000
GENERALAGGREGATE $ 2,000�000 �
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2� OOO � OOO
POLICY X PA� LOC . �
AUTOMOBILE LIABILIT 4705317 COMBINE� SINGLE LIMIT
R X Ea accident 1 000 000
B X ANY AUTO ✓ ODILY INJURY (Per person) $
ALLOWNED X SCHEDULED 4/OS/2012 4/O5/2013 BODILYINJURY(Peraccident) $
AUTOS AUTOS PROPERTY DAMAGE $
X HIRED AUTOS }{ AON-DOS NED Per accident
Medical Ex nse $
UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1� OOO � OOO
A X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1, OOO � OOO
DED RETENTION T X0000011269-01 O5/18/2012 OS/18/2013 $
C WORKERS COMPENSATION }[ X WC STATU- OTH-
AND EMPLOYERS' LIA8ILITV T R LI I E
ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N / .LEACHACCIDENT $ 1 DOO OOO �
OFFICER/MEMBER EXCLUDED? � N�'�' TSF0001209867 �� 03/11/2012 03/11/2013 �
(Mandatory in NH) E.L. DISEASE- EA EMPLOYE $ 1 OOO OOO �
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 DOO OOO
D EQUIPMENT FLOATER EC71607677 12/06/2012 12/06/2013 LIMIT: $ 28, 000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 1 D1, Additfonal Remarks Schedule, if more space is reqyired)
RE: RFP 5063 Bonnie Brae Substation Fence project, City of Denton��
City of Denton, its Officials, Agents, Emplyees and volunteers are named as Additional Insured as
required by written contract as their interest may appear with the exception of Workers' Compensation
policy. Waiver o£ Subrogation in favor of the City of Denton, its Officials, Agents, Employees and
volunteers applies. Insurance stated above is Primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance applies separately to
TE
City of Denton '�
901B Texas Street
Denton, TX 76209
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE El(PIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZEU REPRESENTATIVE
Jim Frampton/KIM
V
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ACORD 25 (2010/05) O 1988-2010 ACORD CORPORATION. All rights reserved.
INS025 c2oioos�.oi The ACORD name and logo are registered marks of ACORD