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WHEREAS, the City has solicited, received and tabulated competitive proposals for the
construction of public works ar improvements in accordance with the procedures af State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described proposal is the highest scored proposal for the construction of the public works
or improvements described in the Request for Proposal (RFP) document and plans and specificatians
therein; NOW, THEREFORE,
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SECTION 1. The fallowing competitive proposal for the construction of public works ar
improvements, as described in the '°Request for Proposals" or plans and specifications on file in the
Office of the City's Purchasing Agent f11ed according to the RFP number assigned hereto, are hereby
accepted and appraved:
RFP
NUMBER CONTRACTOR AMOUNT
5442 Durable Specialties, Inc. $4,500,000
SECTION 2. The acceptance and approval of the above competitive propasals shall not
canstitute a contract between the City and the person submitting the proposal for construction af
such public works or improvements herein accepted and approved, until such person shall comply
with all requirements specified in the Notice to Proposers including the timely executian of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
natification of the award.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance af the construction of the public works or improvements in accordance
with the propasals accepted and approved herein, provided that such contracts are made in
accardance with the Natice to Praposers and Request for Propasals, and documents relating thereto
specifying the terms, conditions, plans and specifications, standards, quantities and specified sums
contained therein.
SECTION 4. The City Cauncil of the City of Dentan, Texas hereby expressly delegates the
authority ta take any actions that may be required or permitted ta be performed by the City of Denton
under RFP 5442 to the City Manager af the City of Dentan, Texas, or his designee.
SECTION 5. Upan acceptance and appraval of the abave campetitive prapasals and the
execution af contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure af funds in the manner and in the amount as specified in such
appraved propasals and authorized contracts executed pursuant thereto.
SECTION 6. This ordinance shall became effective immediately upon its passage and
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approval,
PASSED AND APPROVED this the ���` day of ;� g i , 2014.
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1VC��1� ����� Bt��l� ��t..,�i�I-�S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND DURABLE SPECIALTIES, INC.
(RFP 5442)
THIS CONTRACT is made and entered into this 1 day of April, 2014, by and between
Durable Specialties, Inc. a corporation, whose address is 2302 Paddock Way Dr., Grand Prairie,
TX 75050, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a Texas
Municipal Corporation and Home-Rule City, hereinafter referred to as "City," to be effective
upon approval of the Denton City Council and the subsequent execution of this Contract by the
Denton City Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Contractor shall provide construction services in accordance with the City's RFP # 5442,
for Construction of Traffic Intersections, a copy of which is on file at the office of Purchasing
Agent and incorporated herein for all purposes as "Exhibit A". The Contract consists of this
written agreement and the following items which are attached hereto and incorporated herein by
reference:
(a) City of Denton Reyuest for Proposal #5442 in the office of the Purchasing
Manager (Exhibit "A");
(b) City of Denton Standard Terms and Conditions (Exhibit "B");
(c) Insurance Requirements (Exhibit "C");
(d) Payment and Performance Bond (Exhibit "D");
(e) Contractor's Pricing and Information (Exhibit "F");
(� Conflict of Interest (Exhibit "G");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the
provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving
precedence first to this written Contract, and then to the contract documents in the sequential
order in which they are listed above. These documents shall be referred to collectively as
"Contract Documents."
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and
day first above written.
ATTEST:
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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B'Y: � .��a� � ��•u � if .,'t � �.��`, [� �t���� _
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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Durable Snecialties. Inc.
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CITY OF DENTON, TEXAS
A Texas Municipal Corporation
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CITY MANAGER
EXII�Ur� GLB99
CITY OF DENTON GENERAL CONDITIONS FOR BUILDING CONSTRUCTION
ARTICLE 1 GENERAL PROVISIONS
GENERAL DEFINITIONS
1.1 The following definitions apply throughout these General Conditions and to the other
Contract Documents:
a) THE CONTRACT DOCUMENTS
The Contract Documents consist of the formal Building Construction Services Agreement
between the Owner and the Contractor', these General Conditions and other supplementary
conditions included by special provisions or addenda, drawings, specifications, addenda issued
prior to execution of the Contract, other documents listed in the Contract, and Amendments
issued after execution of the Contract. For purposes of these General Conditions, an Amendment
is:
(1) a written Supplemental Agreement to the Contract signed by authorized representatives of
both parties;
(2) a Change Order, including Change Orders signed only by the Owner as described in
Subparagraph 7.l (b) and Subparagraph 7.1(e); or
(3) a written order for a minor change in the Work issued by the Engineer as described in
Paragraph 7.3.
The Contract Documents also include bid documents such as the Owner's Instructions to
Bidders, sample forms, the Contractor's Bid Proposal and portions of addenda relating to any of
these documents, and any other documents, exhibits or attachments specifically enumerated in
the Building Construction Services Agreement, but specifically exclude geotechnical and
subsurface reports that the Owner may have provided to the Contractor.
b) THE CONTRACT
The Contract Documents, as defined in Paragraph 1.1, are expressly incorporated into and made
a part of the formal Building Construction Services Agreement between the Owner and the
Contractor by reference in this Paragraph and Paragraph l.l (which documents are sometimes
also referred to collectively in these General Conditions as the "Contract"). The Contract
Documents represent the entire and integrated agreement between the Owner and the Contractor
and supersede all prior negotiations, representations or agreements, either written or oral. The
terms and conditions of the Contract Documents may be changed only by an Amendment. The
Contract Documents shall not be construed to create a contractual relationship of any kind:
(1) between the Engineer and Contractor;
(2) between the Owner and a Subcontractor or Sub-subcontractor; or
(3) between any persons or entities other than the Owner and Contractor.
The Engineer shall, however, be entitled to performance and enforcement of obligations under
the Contract Documents intended to facilitate performance of the Engineer's duties.
c) THE WORK
The term "Work" means the construction and services reyuired by the Contract Documents,
whether completed or partially completed, and includes all labor, materials, equipment, and
services provided or to be provided by the Contractor, or any Subcontractors, Sub-
subcontractors, material suppliers, or any other entity for whom the Contractor is responsible, to
fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project.
d) THE PROJECT
The Project is the total construction more particularly described in the Building Construction
Services Agreement, of which the Work performed under the Contract Documents may be the
whole or a part of the Project and which may include construction by the Owner or by separate
contractors. All references in these General Conditions to or concerning the Work or the site of
the Work will use the term "Project," notwithstanding that the Work may only be a part of the
Proj ect.
e) THE DRAWINGS
The Drawings (also known as the "Plans") are the graphic and pictorial portions of the Contract
Documents, wherever located and whenever issued, showing the design, location and dimensions
of the Work, generally including plans, elevations, sections, details, schedules, and diagrams.
f� THE SPECIFICATIONS
The Specifcations are that portion of the Contract Documents consisting of the written
requirements for materials, equipment, construction systems, standards, and workmanship for the
Work, performance of related services, and other technical requirements.
g) THE PROJECT MANUAL
The Project Manual is the volume or volumes which contain the bidding requirements, sample
forms, General Conditions for Building Construction, special provisions, and Specifcations. The
Project Manual may be modified by written addendums issued by the Owner during bidding, in
which case the written addendums become a part of the Project Manual upon their issuance,
unless otherwise indicated by the Owner in writing.
h) ALTERNATE
An Alternate is a variation in the Work on which the Owner requires a price separate from the
City Building General Conditions Base Bid. If an Alternate is accepted by the Owner, the
variation will become a part of the Contract through the execution of a change order or
amendment to the Contract and the Base Bid will be adjusted to include the amount quoted. If
an alternate is accepted by the Owner, and later deleted prior to any Work under the alternate
being performed or materials delivered to the Project site, the Owner will be entitled to a credit
in the full value of the alternate as priced in the Contractor's Bid.
i) BASE BID
The Base Bid is the price quoted for the Work before Alternates are considered.
j) HAZARDOUS SUBSTANCE
The term Hazardous Substance is defned to include the following:
(1) any asbestos or any material which contains any hydrated mineral silicate, including
chrysolite, amosite, crocidolite, tremolite, anthophylite or actinolite, whether friable or non-
friable;
(2) any polychlorinated biphenyls ("PCBs"), or PCB-containing materials, or fluids;
(3) radon;
(4) any other hazardous, radioactive, toxic or noxious substance, material, pollutant, or solid,
liquid or gaseous waste;
(5) any pollutant or contaminant (including but not limited to petroleum, petroleum
hydrocarbons, petroleum products, crude oil or any fractions thereof, any oil or gas
exploration or production waste, any natural gas, synthetic gas or any mixture thereof, lead,
or other toxic metals) which in its condition, concentration or area of release could have a
significant effect on human health, the environment, or natural resources;
(6) any substance that, whether by its nature or its use, is subject to regulation or requires
environmental investigation, monitoring, or remediation under any federal, state, or local
environmental laws, rules, or regulations;
(7) any underground storage tanks, as defined in 42 U.S.C. Section 6991(1)(A)(I) (including
those defined by Section 9001(1) of the 1984 Hazardous and Solid Waste Amendments to the
Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the Texas Water
Code Annotated Section 26344; and Title 30 of the Texas Administrative Code Sections
334.3 and 334.4), whether empty, filled or partially filled with any substance; and
(8) any other hazardous material, hazardous waste, hazardous substance, solid waste, and toxic
substance as those or similar terms are defined under any federal, state, or local
environmental laws, rules, or regulations.
k) OTHER DEFINITIONS
As used in the Contract Documents, the following additional terms have the following meanings:
(1) "provide" means to furnish, install, fabricate, deliver and erect, including all services,
materials, appurtenances and other expenses to complete in place, ready for operation or use;
(2) "shall" means the action of the party to which reference is being made is mandatory;
(3) "as required" means as prescribed in the Contract Documents; and
(4) "as necessary" means all action essential or needed to complete the work in accordance with
the Contract Documents and applicable laws, ordinances, construction codes, and
regulations.
1.2 EXECUTION, CORRELATION AND INTENT
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(a) The Building Construction Services Agreement shall be signed by duly authorized
representatives of the Owner and Contractor as provided in the Agreement.
(b) Execution of the Building Construction Services Agreement by the Contractor is a representation
that the Contractor has visited the site, become familiar with local conditions, including but not
limited to subsurface conditions, under which the Work is to be performed and correlated
personal observations with requirements of the Contract Documents.
(c) The intent of the Contract Documents is to include all items necessary for the proper execution
and completion of the Work by the Contractor. The Contract Documents are complementary, and
what is required by one shall be as binding as if required by all; performance by the Contractor
shall be required only to the extent consistent with the Contract Documents and reasonably
inferable from them as being necessary to produce the intended results.
(d) Organization of the Specifications into divisions, sections, and articles, and arrangement of
Drawings shall not control the Contractor in dividing the Work among Subcontractors or in
establishing the extealt of Work to be performed by any trade.
(e) Unless otherwise stated in the Contract Documents, words which have well-known technical or
construction industry meanings are used in the Contract Documents in accordance with such
recognized meanings.
(� The Drawings and Specifications are intended to agree with one another, and Work called for by
Drawings and not mentioned in Specifications, or vice versa, shall be furnished as if set forth by
both. Specifications shall govern materials, methods and quality of work. In the event of a
conflict on the Drawings between scale and dimension, figured dimensions shall govern over
scale dimensions and large scale drawings shall govern over small scale drawings. Conflict
between two or more dimensions applying to a common point shall be referred to the Engineer
for final adjustment. If discrepancies or conflicts occur within or between the Drawings and
Specifications regarding the Work, or within or between other Contract Documents, the
Contractor shall not perform such Work without having obtained a clarification from the
Engineer and resolution by the Owner. The Owner's decision as to the appropriate resolution of a
conflict or discrepancy shall be final. Should the Drawings or the Specifications disagree within
themselves or with each other; the Base Bid will be based on the most expensive combination of
quality and quantity of Work indicated.
(g) Deviations from Contract Documents shall be made only after written approval is obtained
from Engineer and Owner, as provided in Article 7.
(h) The intention of the Contract Documents is to include all materials, labor, tools, equipment,
utilities, appliances, accessories, services, transportation, and supervision required to
completely perform the fabrication, erection and execution of the Work in its final position.
(i) The most recently issued Drawing or Specification takes precedence over previous issues of
the same Drawing or Specification. In the event of a conflict, the order of precedence of
interpretation of the Contract Documents is as follows:
(1) Amendments (see Paragraph 7.2 for order of precedence between Amendments);
(2) the Building Construction Services Agreement;
(3) addenda, with those addenda of later date having precedence over those of an earlier date;
(4) the Supplementary General Conditions and Special Provisions, if any;
(5) the General Conditions for Building Construction;
(6) the Specifications and Drawings.
1.3 OWNERSHIP AND USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER
DOCUMENTS
All Drawings, Specifications, and copies thereof furnished by the Engineer are and shall remain the
property of the Owner and are, with the exception of the Contract set for each party, to be returned to
the Owner upon request at the completion of the Work.
1.4 CAPITALIZATION
Terms capitalized in these General Conditions include those which are:
(1) specifically defined in these General Conditions (except the terms defined in Subparagraph
1.1(j), which terms are of common grammatical usage and are not normally capitalized);
(2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs, and
Clauses;
(3) the titles of other documents published or used by the Owner as manuals or official policy
statements; or
(4) proper nouns or other words required under standard grammatical rules to be capitalized.
ARTICLE 2 THE OWNER
2.1 DEFINITION OF OWNER
The Owner is the City of Denton, a Texas municipal corporation, and is identified as such in the
Building Construction Services Agreement, and is referred to throughout the Contract Documents as
if singular in number. The term "Owner" means the Owner or the Owner's authorized
representatives.
2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
(a) The Owner shall furnish the most recent survey describing the physical characteristics, legal
limits, utility locations, and a permanent benchmark for the site of the Project. The Owner shall
also furnish any environmental site assessments that may have been given to the Owner or
conducted for the property upon which the Project is to be constructed. THIS INFORMATION
IS FURNISHED TO THE CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE OF
THIS MATERIAL AND FOR NO OTHER PURPOSE. BY FURNISHING THIS MATERIAL,
THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY
EITHER IN WHOLE, IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY,
AND THE OWNER SHALL HAVE NO LIABILITY FOR THIS MATERIAL.
(b) Except for permits and fees which are provided for in Subparagraph 3.7(a), the Owner shall
secure and pay for necessary approvals, easements, assessments, and charges required for
construction, use, or occupancy of permanent structures or for permanent changes in existing
facilities.
(c) Information or services under the Owner's control shall be furnished by the Owner with
reasonable promptness to avoid delay in the orderly progress of the Work. It is incumbent upon
the Contractor to identify, establish, and maintain a current schedule of latest dates for submittal
and approval, as required in Paragraph 3.10, including when such information or services must
be delivered. If Owner delivers the information or services to the Contractor as scheduled and
Contractor is not prepared to accept or act on such information or services, then Contractor shall
reimburse Owner for all extra costs incurred of holding, storage, or retention, including
redeliveries by the Owner to comply with the current schedule.
(d) Unless otherwise provided in the Contract Documents, the Contractor will be furnished
electronic copies of the Drawings and Specifications for bid purposes and one hard copy
approved by Building Inspections upon execution of the Contract. Contractor may obtain
additional copies by paying the cost of additional printing or reproduction.
(e) The obligations described above are in addition to other duties and responsibilities of the Owner
enumerated in the Contract Documents and especially those in respect to Article 6(Construction
by Owner or by Separate Contractors), Article 9(Payments and Completion), and Article 11
(Insurance and Bonds).
(fl The Owner shall forward all instructions to the Contractor through the Engineer, except for the
Owner's Notice to Proceed and the Owner's decision to carry out Work as described in
Paragraph 2.4.
(g) The Owner's employees, agents, and consultants may be present at the Project site during
performance of the Work to assist the Engineer in the performance of the Engineer's duties and
to verify the Contractor's record of the number of workmen employed on the Work, their
occupational classification, the time each is engaged in the Work, the equipment used in the
performance of the Work, and for purpose of verifcation of Contractor's Applications for
Payment.
2.3 OWNER'S RIGHT TO STOP THE WORK
If the Contractor fails to correct any portion of the Work which is not in accordance with the
requirements of the Contract Documents as required by Paragraph 12.2 or refuses or fails to carry
out all or any part of the Work in accordance with the Contract Documents, the Owner, by written
order, may order the Contractor to stop the Work, or any portion of the Work, until the cause for the
order has been eliminated. The right of the Owner however, to stop the Work shall not create or
imply a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any
other person or entity. The rights of the Owner under this Paragraph 2.3 shall be in addition to, and
not in restriction of, the Owner's rights under Paragraph 12.2.
2.4 OWNER'S RIGHT TO CARRY OUT THE WORK
If the Contractor fails or refuses to carry out the Work or perform any of the terms, covenants, or
obligations of the Contract Documents, and fails or refuses to correct any failure or refusal with
diligence and promptness within fourteen (14) days after receipt of notice from the Owner, the
Owner may correct the Contractor's failure or refusal or cause such failure or refusal to be corrected,
without affecting, superseding, or waiving any other contractual, legal, or equitable remedies the
Owner has, including but not limited to the Owner's termination rights under Article 13. In that case,
an appropriate Change Order will be issued deducting the Owner's cost of correction, including
Engineer's compensation for additional services and expenses made necessary by the failure or
refusal of the Contractor from payments then or thereafter due to the Contractor. The cost of
correction is subject to verification (but not approval) by the Engineer. If payments then or thereafter
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due the Contractor are not sufficient to cover the cost of correction, the Contractor shall pay the
difference to the Owner.
2.5 NOTICE TO PROCEED
After final execution of the Contract and receipt and approval of the required performance and
payment bonds and evidence of required insurance, the Owner will issue a written notice to proceed
with the Work, including the designated Contract Time within which Substantial Completion of the
Work must be achieved. If the Owner unreasonably delays issuance of a written notice to proceed
through no fault of the Contractor, the Contractor shall be entitled only to an equitable adjustment of
the Contract Time, if properly claimed pursuant to the requirements of Paragraph 4.3; but the
Contractor shall not be entitled to any increase to the Contract Sum whatsoever for this reason.
ARTICLE 3 THE CONTRACTOR
3.1 DEFINITION OF CONTRACTOR
The Contractor is the person or business entity identified as such in the Building Construction
Services Agreement, and is referred to throughout the Contract Documents as if singular in number.
The term "Contractor" means the Contractor or the Contractor's authorized employees or
representatives.
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
(a) The Contractor shall carefully check, study, and compare the Contract Documents with each
other and shall at once report to the Engineer in writing any inconsistency, ambiguity, error,
omission, conflict, or discrepancy the Contractor may discover. The Contractor shall also verify
all dimensions, field measurements, and field conditions before laying out the Work. The
Contractor will be held responsible for any subsequent error, omission, conflict, or discrepancy
which might have been avoided by the above-described check, study, comparison, and reporting.
In the event the Contractor continues to work on an item where an inconsistency, ambiguity,
error, omission, conflict, or discrepancy exists without obtaining such clarification or resolution
or commences an item of the Work without giving written notice of an error, omission, conflict,
or discrepancy that might have been avoided by the check, study, and comparison required
above, it shall be deemed that the Contractor bid and intended to execute the more stringent,
higher quality, or state of the art requirement, or accepted the condition as is in the Contract
Documents, without any increase to the Contract Sum or Contract Time. The Contractor shall
also be responsible to correct any failure of component parts to coordinate or ft properly into
final position as a result of Contractor's failure to give notice of and obtain a clarification or
resolution of any error, omission, conflict, or discrepancy, without any right to any increase to
the Contract Sum or Contract Time.
(b) The Contractor shall perform the Work in accordance with the Contract Documents and
submittals approved pursuant to Paragraph 3.12.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
(a) The Contractor shall supervise and direct the Work, using the Contractor's best skill and
attention. The Contractor shall be solely responsible for and have control over construction
means, methods, techniques, sequences, and procedures and for coordinating all portions of the
Work, unless the Contract Documents set forth specific instructions concerning these matters.
(b) The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's
employees, Subcontractors, Sub-subcontractors, and their respective agents and employees, and
any other persons performing portions of the Work under a subcontract with the Contractor or
with any Subcontractor, and all other persons or entities for which the Contractor is legally
responsible. All labor shall be performed by mechanics that are trained and skilled in their
respective trades. Standards of work required throughout shall be of a quality that will bring only
first class results. Mechanics whose work is unsatisfactory, or who are considered careless,
incompetent, unskilled, or otherwise objectionable shall be dismissed promptly from the Work
and immediately replaced with competent, skilled personnel. Any part of the Work adversely
affected by the acts or omissions of incompetent, unskilled, careless, or objectionable personnel
shall be immediately corrected by the Contractor.
(c) The Contractor shall not be relieved of its obligation to perform the Work in accordance with the
Contract Documents either by activities or duties of the Engineer in the Engineer's
administration of the Contract, or by tests, inspections, or approvals required or performed by
persons other than the Contractor.
(d) The Contractor shall be responsible for inspection of portions of Work already performed under
this Contract to determine that such portions are in proper condition to receive subsequent Work.
The Contractor's responsibility under this paragraph will not in any way eliminate the Engineer's
responsibility to the Owner under the Engineer/Owner Agreement.
(e) Any Contractor, Subcontractor, Sub-subcontractor, or separate contractor who commences Work
over, in, or under any surface prepared by the Owner or by any other contractor, subcontractor,
sub-subcontractor or separate contractor without the Contractor having given written notice to
the Engineer of the existence of any faulty surface or condition in the surface that prevents
achieving the quality of workmanship specified by the Contract Documents and without having
obtained the prior approval of the Engineer and the Owner to proceed is deemed to have
accepted the surface or condition in the surface as satisfactory at the commencement of such
Work. Any unsatisfactory Work subsequently resulting from such a faulty surface or condition in
the surface that was not pre-approved by the Engineer or the Owner after notice as provided
above may be rejected and replacement required, without any increase to the Contract Sum or
Contract Time.
(� All grades, lines, levels, and benchmarks shall be established and maintained on an ongoing
basis by the Contractor. The Contractor is solely responsible for any errors made in establishing
or maintaining proper grades, lines, levels, or benchmarks. Each Contractor for his own Work
shall verify all grades, lines, levels, and dimensions as indicated on Drawings. He shall report
any errors, omissions, conflicts, or inconsistencies to Engineer before commencing any Work
affected by these conditions. Contractor shall establish and safeguard benchmarks in at least two
widely separated places and, as Work progresses, establish benchmarks at each level and lay out
partitions on rough floor in exact locations as guides to all trades. The Contractor shall, from the
permanent benchmark provided by the Owner, establish and maintain adequate horizontal and
vertical control.
3.4 LABOR AND MATERIALS
(a) Except as is otherwise specifically provided in the Contract Documents as being the
responsibility of the Owner, the Contractor shall provide and pay for labor, materials, equipment,
tools, construction equipment and machinery, water, heat, utilities, transportation, and other
10
facilities and services necessary for proper execution and completion of the Work, whether
temporary or permanent and whether or not incorporated or to be incorporated in the Work.
(b) The Contractor shall enforce strict discipline and good order among the Contractor's employees
and other persons carrying out the Contract. The Contractor shall not permit employment of unfit
persons or persons not skilled in tasks assigned to them.
(c) The Contractor shall give preference, when qualified labor is available to perform the Work to
which the employment relates, to all labor hired for the Project in the following order:
(1) to bona fide residents of the City of Denton, Texas;
(2) to bona fide residents of the County of Denton, Texas;
(3) to bona fide residents of the State of Texas;
(4) to bona fide residents of the United States.
3.5 WARRANTY
(a) General Warranty. The Contractor warrants to the Owner that all Work shall be accomplished in
a good and workmanlike manner and that all materials and equipment furnished under the
Contract will be of good quality, new (unless otherwise specified), and free from faults or
defects, and that the Work will otherwise conform to the Contract Documents. Work not
conforming to these reyuirements, including substitutions not properly approved and authorized,
will be considered defective or nonconforming. The Contractor's warranty excludes any remedy
for damage or defect caused by abuse, modifications not executed by the Contractor, improper or
insufficient maintenance, improper operation, or normal wear and tear under normal usage. If
required by the Engineer, the Contractor shall furnish satisfactory evidence as to the kind and
auality of materials and equipment. The commencement date, duration, and other conditions
related to the scope of this general warranty are established in Subparagraphs 9.9 (a) and 12.2(b)
of these General Conditions. THE GENERAL WARRANTY PROVIDED IN THIS
SUBPARAGRAPH IS IN ADDITION TO AND DOES NOT LIMIT OR DISCLAIM ANY
OTHER WARRANTY OR REMEDY REQUIRED OR PROVIDED BY LAW OR THE
CONTRACT DOCUMENTS AND SUCH WARRANTY SHALL REQUIRE THE
CONTRACTOR TO REPLACE DEFECTIVE MATERIALS AND RE-EXECUTE
DEFECTIVE WORK THAT IS DISCLOSED BY THE OWNER TO THE CONTRACTOR
WITHIN A PERIOD OF ONE (1) YEAR AFTER SUBSTANTIAL COMPLETION OF THE
ENTIRE WORK OR, IF A LATENT DEFECT, WITHIN ONE (1) YEAR AFTER
DISCOVERY BY THE OWNER OF THE LATENT DEFECT.
(b) Special Warranties. The Contractor shall assign to the Owner in writing, as a condition precedent
to final payment, the terms and conditions of all special warranties required under the Contract
Documents.
3.6 TAXES
The Owner qualifes for exemption from state and local sales and use taxes, pursuant to the
provisions of Section 151.309 of the Texas Tax Code, as amended. Therefore, the Owner shall not
be liable for, or pay the Contractor's cost of, such sales and use taxes which would otherwise be
payable in connection with the purchase of tangible personal property furnished and incorporated
into the real property being improved under the Contract Documents or the purchase of materials,
supplies and other tangible personal property, other than machinery or equipment and its accessories
�
and repair and replacement parts, necessary and essential for performance of the Contract which is to
be completely consumed at the job site. The Contractor shall issue an exemption cer�ificate in lieu of
the tax on such purchases.
3.7 PERMITS, FEES AND NOTICES
(a) The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations, and lawful orders of governmental entities or agencies applying to performance of
the Work.
(b) Except as provided in Subparagraph (d) below, it is not the Contractor's responsibility to
ascertain that the Contract Documents are in accordance with applicable laws, ordinances,
construction codes, and rules and regulations. However, if the Contractor observes that portions
of the Contract Documents are at variance with applicable laws, ordinances, construction codes,
rules or regulations, the Contractor shall promptly notify the Engineer and the Owner in writing,
and necessary changes shall be accomplished by appropriate Amendment.
(c) If the Contractor performs Work knowing it to be contrary to laws, ordinances, construction
codes, or rules and regulations without notifying the Engineer and the Owner, the Contractor
shall assume full responsibility for the Work and shall bear the attributable costs of the
correction of the Work and any other Work in place that may be adversely affected by the
corrective work.
3.8 ALLOWANCES
(a) The Contractor shall include in the Contract Sum all allowances stated in the Contract
Documents. Items covered by allowances shall be supplied for the amounts identified in the
Contract and by persons or entities as the Owner may direct, but the Contractor shall not be
required to employ persons or entities against which the Contractor makes reasonable objection.
(b) Unless otherwise provided in the Contract Documents:
(1) materials and equipment under an allowance shall be selected promptly by the Owner to
avoid delay in the Work;
(2) the amount of each allowance shall cover the cost to the Contractor of materials and
equipment delivered at the site less all exempted taxes and applicable trade discounts;
(3) the amount of each allowance includes the Contractor's costs for unloading and handling at
the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated
allowance Work;
(4) whenever costs are more than or less than allowances, the Contract Sum shall be adjusted
accordingly by Change Order. The amount of the Change Order shall reflect:
(i) the difference between actual costs and the allowances under Clause (b) (2); and
(ii) changes in Contractor's costs under Clause (b) (3);
(5) the Owner retains the right to review and approve Subcontractors selected by the Contractor
to perform work activities covered by allowances.
3.9 SUPERINTENDENT (PROJECT MANAGER-ONSITE SUPERVISOR)
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The Contractor shall employ a competent superintendent and necessary assistants who shall be in
attendance at the Project site during performance of the Work. The superintendent shall represent the
Contractor, and communications given to the superintendent shall be as binding as if given to the
Contractor. Important communications shall be confirmed in writing. Other communications shall be
similarly confirmed on written reyuest in each case. The Owner reserves the right to request that the
Contractor replace its superintendent at any time and the Contractor will replace said superintendent
at the Owner's direction.
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES
(a) The Contractor shall, immediately after award of the Contract and before submittal of the first
Application for Payment, prepare and submit the construction schedule for the Engineer's and
Owner's information, review, and approval in accordance with the following provisions:
(1) Unless otherwise approved in writing by the Owner, the construction schedule shall not
exceed the Contract Time limits currently in effect under the Contract Documents and shall
provide for expeditious and practicable execution of the Work.
(2) The construction schedule shall include all shop drawing and submittal data requirements,
indicating for each:
(i) the latest date to be submitted by the Contractor; and
(ii) the latest date for approval by the Engineer.
(3) The construction schedule shall be in the form of a critical path management schedule, and
shall indicate each critical task (the "predecessor") of all the major construction activities of
the Work in a logical and sequential order (the "project network") which requires completion
prior to commencement of the task next following (the "successor"). Each task shall be
identified with:
(i) actual work time, exclusive of slack time, for accomplishment;
(ii) the latest start date;
(iii) the latest fnish date;
(iv) the amount of float associated with each task;
(v) the amount of labor, material, and equipment associated with each task; and
(vi) the percentage of completion as of the date of the current schedule.
(4) The construction schedule shall be revised and updated monthly to reflect the actual status of
the Work and shall be submitted with each Application for Payment.
(5) On or before the first day of each month, following the date of commencement of the Work
as stated in the notice to proceed, the Contractor shall prepare and submit to the Engineer and
the Owner an up-to-date status report of the progress of the various construction phases of
the Work in the form of an updated construction schedule. This status report shall consist of a
time scale drawing indicating actual progress of the various phases of the Work and the
percentage of completion of the entire Work. The original construction schedule shall be
updated or changed to indicate any adjustments to the Contract Time granted by the Owner.
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The updated schedule must be submitted with the Contractor's Application for Payment. No
application will be certifed without a satisfactory update to the construction schedule.
(6) The construction schedule will also be revised to show the effect of change orders and other
events on Contract Time. No request for an increase in Contract Time will be considered
unless it is accompanied by a schedule revision demonstrating the amount of time related to
the cause of the request. If the Contractor's status schedules reflect that the Contractor has
fallen behind the pace required to complete the Work within the Contract Time, through no
fault of the Owner, the Contractor shall prepare a recovery schedule demonstrating how it
intends to bring its progress back within the Contract Time. This recovery schedule shall be
in a form acceptable to the Owner.
(7) Costs incurred by the Contractor in preparing and maintaining the required construction
schedule, any updated schedule, and any recovery schedule required by the Owner will not
be paid as an additional or extra cost and shall be included in the Contract Sum.
(8) The Contract Sum is deemed to be based upon a construction schedule requiring the full
Contract Time. NO CLAIM FOR ADDITIONAL COMPENSATION SHALL BE
ALLOWED AS A RESULT OF THE CONTRACTOR BASING HIS BID ON AN EARLY
COMPLETION SCHEDULE, OR AS A RESULT OF DELAYS AND COSTS
ATTRIBUTABLE TO COMPLETION LATER THAN THE PLANNED EARLY
COMPLETION DATE.
(b) The Contractor shall also prepare and keep current, for the Engineer's approval, a
schedule of submittals which is coordinated with the Contractor's construction schedule
and allows the Engineer reasonable time to review submittals.
(c) The Contractor shall conform to the most recent schedules approved as to form by the
Engineer and the Owner. Any subsequent revisions made by the Contractor to schedules
in effect shall conform to the provisions of Subparagraph 3.10(a)
(d) If the Work falls behind the approved construction schedule, the Contractor shall take
such steps as may be necessary to improve his progress, and the Engineer and the Owner
may require him to increase the number of shifts, overtime operations, days of work, or
the amount of construction plant, and to submit for approval revised schedules in the
form required above in order to demonstrate the manner in which the agreed rate of
progress will be regained, all without additional cost to the Owner.
3.11 DOCUMENTS AND SAMPLES AT THE PROJECT SITE
The Contractor shall maintain at the Project site for the Owner one record copy of the Drawings,
Specifications, addenda, and Amendments in good order and marked currently to record changes
and selections made during construction, and in addition shall maintain at the Project site approved
Shop Drawings, Product Data, Samples, and similar required submittals. These shall be available to
the Engineer and shall be delivered to the Engineer for submittal to the Owner upon completion of
the Work.
3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
(a) Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the
Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or
distributor to illustrate some portion of the Work.
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(b) Product Data are illustrations, standard schedules, performance charts, instructions, brochures,
diagrams, and other information furnished by the Contractor to illustrate materials or equipment
for some portion of the Work.
(c) Samples are physical examples which illustrate materials, equipment, or workmanship and
establish standards by which the Work will be judged.
(d) Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. The
purpose of their submittal is to demonstrate for those portions of the Work for which submittals
are required the way the Contractor proposes to conform to the information given and the design
concept expressed in the Contract Documents. Review by the Engineer is subject to the
limitations of Paragraph 4.2.
(e) The Contractor shall review, approve and submit to the Engineer Shop Drawings, Product Data,
Samples, and similar submittals required by the Contract Documents with reasonable promptness
and in such sequence as to cause no delay in the Work or in the activities of the Owner or of
separate contractors. Submittals made by the Contractor which are not required by the Contract
Documents may be returned without action.
( fl The Contractor shall perform no portion of the Work requiring submittal and review of Shop
Drawings, Product Data, Samples, or similar submittals until the respective submittal has been
approved by the Engineer. Work requiring this submittal and review shall be in accordance with
approved submittals and any identified exceptions noted by the Engineer.
(g) By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the
Contractor represents that the Contractor has determined and verified materials, field
measurements, and related field construction criteria, or will do so, and has checked and
coordinated the information contained within submittals with the requirements of the Work and
of the Contract Documents. The Contractor's attention is directed to Paragraph 3.2 of these
General Conditions and the requirements stated in that Paragraph.
(h) The Contractor shall not be relieved of responsibility for deviations, substitutions, changes,
additions, deletions or omissions from requirements of the Contract Documents by the Engineer's
approval of Shop Drawings, Product Data, Samples, or similar submittals unless the Contractor
has specifically informed the Engineer in writing of such substitutions, changes, additions,
deletions, omissions, or deviations involved in the submittal at the time of submittal and the
Engineer, subject to a formal Change Order signed by the Owner, Engineer and Contractor, has
given written approval to the specific substitutions, changes, additions, deletions, omissions, or
deviations. The Contractor shall not be relieved of responsibility for errors or omissions in Shop
Drawings, Product Data, Samples, or similar submittals by the Engineer's approval thereof.
Further, notwithstanding any approval of a submittal by the Engineer, the Contractor shall be
responsible for all associated Project costs, including costs of coordination's, modifications, or
impacts, direct or indirect, resulting from any and all substitutions, changes, additions, deletions,
omissions, or deviations, whether or not specifically identified by the Contractor to the Engineer
at the time of the above-mentioned submittals, including additional consulting fees, if any, in any
and all accommodations associated with such substitutions, changes, additions, deletions,
omissions, or deviations to the requirements of the Contract Documents.
(i) The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings,
Product Data, Samples, or similar submittals, to additional revisions other than those requested
by the Engineer on previous submittals. In the absence of such written notice, the Engineer's
approval of a resubmission shall not apply to the additional revisions not requested.
(j) Informational submittals upon which the Engineer is not expected to take responsive action may
be so identifled in the Contract Documents.
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(k) When professional certifcation of performance criteria of materials, systems, or equipment is
required by the Contract Documents, the Engineer shall be entitled to rely upon the accuracy and
completeness of such calculations and certifications.
3.13 USE OF THE PROJECT SITE
The Contractor shall confine operations at the Project site to areas perrriitted by law, ordinances,
permits, and the Contract Documents and shall not unreasonably encumber the Project site with
materials or equipment.
3.14 CLEANING UP
(a) The Contractor shall keep the Project site and surrounding area free from accumulation of
waste materials or rubbish caused by operations under the Contract. Upon the completion of
the Work the Contractor shall remove from and about the Project site all waste materials, and
rubbish, and all of the Contractor's tools, construction equipment, machinery, and surplus
materials.
(b) If the Contractor fails to clean up as provided in the Contract Documents, the Owner may clean
up and the Owner's cost of cleaning up shall be charged to the Contractor.
3.15 ACCESS TO WORK
The Contractor shall provide the Owner and the Engineer access to the Work in preparation and
progress wherever located during the course of construction.
3.16 TESTS AND INSPECTIONS
(a) Tests, inspections, and approvals of portions of the Work required by the Contract Documents or
by laws, ordinances, rules, regulations, or orders of governmental entities or agencies having
jurisdiction over the Work shall be made at appropriate times. Unless otherwise provided, the
Contractor shall make arrangements for such tests, inspections, and approvals with an
independent testing laboratory or entity acceptable to the Owner or with the appropriate
governmental entity or agency, and the Contractor shall bear all related costs of tests,
inspections, and approvals. The Contractor shall give the Engineer timely notice of when and
where tests and inspections are to be made so the Engineer may observe such procedures. The
Owner shall bear costs of tests, inspections, or approvals which become requirements after bids
or proposals are received.
(b) If the Engineer, the Owner or other public authorities having jurisdiction over the Work
determine that portions of the Work require additional testing, inspection or approval not
included under Subparagraph 3.17(a), the Engineer will, upon written authorization from the
Owner, instruct the Contractor to make arrangements for such additional testing, inspection or
approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the
Engineer of when and where tests and inspections are to be made so that the Engineer may
observe such procedures. The Owner shall bear such costs except as provided in Subparagraph
3.17(c).
(c) If procedures for testing, inspection, or approval under Subparagraphs 3.17(a) and 3.17(b) reveal
deficiencies or nonconformities in the Work, the Contractor shall bear all costs made necessary
to correct the deficiencies or nonconformities, including those of repeated procedures and
compensation for the Engineer's services and expenses, if any. The Contractor shall bear the
costs of any subsequent testing, inspection, or approval of the corrected Work.
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(d) Tests or inspections conducted pursu.ant to the Contract Documents shall be made promptly to
avoid unreasonable delay in the Work.
3.17 ROYALTIES AND PATENTS
The Contractor shall pay all royalties and license fees. CONTRACTOR SHALL COMPLETELY
DEFEND, INDEMNIFY AND HOLD OWNER AND ENGINEER HARMLESS FROM ANY
AND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF PATENT RIGHTS, REGARDLESS
OF WHETHER OR NOT THE OWNER OR THE ENGINEER SPECIFIED A PARTICULAR
DESIGN, PROCESS OR PRODUCT IN THE CONTRACT DOCUMENTS THAT MAY BE
THE SUBJECT OF A PATENT INFRINGEMENT OR OTHERWISE ACTIVELY INDUCED
OR CONTRIBUTED TO THE INFRINGEMENT. In the event the Contractor has reason to
believe that a particular design, process or product specified infringes a patent, the Contractor shall
immediately notify the Owner and the Engineer of same.
3.18 INDEMNIFICATION
(a) THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE OWNER, ITS
OFFICERS, AGENTS AND EMPLOYEES, AND THE ENGINEER, HARMLESS AGAINST
ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, FINES, PENALTIES, COSTS AND
EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR
OTHER HARM OR VIOLATIONS FOR WHICH RECOVERY OF DAMAGES, FINES, OR
PENALTIES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT MAY
ARISE OUT OF OR BE OCCASIONED BY CONTRACTOR'S BREACH OF ANY OF THE
TERMS OR PROVISIONS OF THIS CONTRACT, VIOLATIONS OF LAW, OR BY ANY
NEGLIGENT, GROSSLY NEGLIGENT, INTENTIONAL, OR STRICTLY LIABLE ACT OR
OMISSION OF THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES,
SUBCONTRACTORS, OR SUB-SUBCONTRACTORS AND THEIR RESPECTIVE
OFFICERS, AGENTS, OR REPRESENTATIVES, OR ANY OTHER PERSONS OR
ENTITIES FOR WHICH THE CONTRACTOR IS LEGALLY RESPONSIBLE IN THE
PERFORMANCE OF THIS CONTRACT; EXCEPT THAT THE INDEMNITY PROVIDED
FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING
FROM THE SOLE NEGLIGENCE OR FAULT OF THE OWNER, ITS OFFICERS, AGENTS,
EMPLOYEES OR SEPARATE CONTRACTORS, OR OF THE ENGINEER, AND IN THE
EVENT OF JOINT AND CONCURRENT NEGLIGENCE OR FAULT OF THE
CONTRACTOR, THE OWNER, AND THE ENGINEER, RESPONSIBILITY AND
INDEMNITY, IF ANY, SHALL BE APPORTIONED IN ACCORDANCE WITH THE LAW
OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL
IMMUNITY AVAILABLE TO THE OWNER UNDER TEXAS LAW AND WITHOUT
WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS
OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO
AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR
OTHERWISE, TO ANY OTHER PERSON OR ENTITY.
(b) In claims against any person or entity indemnified under this Paragraph 3.19 by an employee of
the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for
whose acts they may be liable, the indemnification obligation under this Paragraph 3.19 shall not
be limited by a limitation on amount or type of damages, compensation or benefits payable by or
for the Contractor or a Subcontractor under workers compensation acts, disability benefit acts or
other employee benefit acts.
17
(c) Indemnifcation under this Paragraph 3.19 shall include, but is not limited to, liability which
could result to or be created for the Owner, its officers, agents, or employees, or the Engineer
pursuant to State or Federal laws or regulations relating to pollution of the environment and State
or Federal laws or regulations relating to the occupational safety and health of workers. The
Contractor specifically agrees to comply with the above-mentioned laws and regulations in the
performance of the Work by the Contractor and that the obligations of the Owner, its officers,
agents, and employees, and the Engineer under the above-mentioned laws and regulations are
secondary to those of the Contractor.
ARTICLE 4 CONTRACT ADMINISTRATION
4.1 THE DESIGN PROFESSIONAL (ENGINEER)
(a) The design professional is the person lawfully licensed to practice architecture or engineering or
a firm or other business entity lawfully practicing architecture/engineering identified as such in
the formal Building Construction Services Agreement and is referred to throughout the Contract
Documents as if singular in number. The term "Engineer" means the Engineer or the Engineer's
authorized representative. The Owner may, at its option, designate a qualified Owner
representative to serve as the Engineer on the Project instead of an outside firm or person. In
such event, the references in these General Conditions that refer to the Engineer shall apply to
the Owner-designated Engineer representative and the Owner-designated Engineer representative
shall be accorded that same status by the Contractor.
(b) In the event the Engineer is an outside person or firm and the Engineer's employment is
terminated, the Owner may, at its option, contract with a new outside Engineer to replace the
former, or may designate a yualified Owner representative to serve as the Engineer. The
replacement Engineer, whether an Owner representative, an independent Engineer or any other
yualified person or entity, shall be regarded as the Engineer for all purposes under the Contract
Documents and shall be accorded that same status by the Contractor. Any dispute in connection
with such appointment shall be reviewed and settled by the Owner, whose decision shall be final
and binding. •
(c) Owner reserves the right to appoint a representative empowered to act for the Owner during the
Construction Phase and to supersede the Engineer's Construction Phase responsibility. Similarly,
from time to time the Owner may expand or reduce the Owner's delegation of powers to the
Engineer, with the Owner notifying the Contractor of any such changes. The Engineer shall not
be construed as a third party beneficiary to the Contract and can in no way object to any
expansion or reduction of powers as set forth in this Subparagraph (c). In no event, however,
shall the Owner have control over charge of, or be responsible for, construction means, methods,
techniques, sequences, or procedures, or for safety precautions or programs in connection with
the Work since these are solely the Contractor's responsibility. The Owner will not be
responsible for the Contractor's failure to carry out the Work in accordance with the Contract
Documents. The Owner will not have control over or charge of and will not be responsible for
acts or omissions of Contractor, Subcontractors, or their agents or employees, or of any other
persons performing portions of the Work.
4.2 CLAIMS AND DISPUTES
(a) Definition; General Notice of Claim Procedure. As used in these General Conditions, a"Claim"
means a demand or assertion by one of the parties to the Contract seeking an adjustment of the
terms of the Contract Documents, of the Contract Sum, of the Contract Time, or some other
relief in respect to the terms of the Contract Documents. The term also includes all other disputes
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between the Owner and the Contractor arising out of or relating to the Project or the Contract
Documents, including but not limited to claims that work was outside the scope of the Contract
Documents. The responsibility to substantiate the Claim and the burden of demonstrating
compliance with this provision shall rest with the party making the Claim. Except where
otherwise provided in the Contract Documents, a Claim by the Contractor, whether for additional
compensation, additional time, or other relief, including but not limited to claims arising from
concealed conditions, MUST BE MADE BY WRITTEN NOTICE TO THE ENGINEER AND
THE OWNER WITHIN FOURTEEN (14) DAYS AFTER OCCURRENCE OF THE EVENT
OR EVENTS GIVING RISE TO THE PARTICULAR CLAIM. Every Claim of the Contractor,
whether for additional compensation, additional time, or other relief, including but not limited to
claims arising from concealed conditions, shall be signed and sworn to by an authorized
corporate officer (if not a corporation, then an official of the company authorized to bind the
Contractor by his signature) of the Contractor, verifying the truth and accuracy of the Claim.
THE CONTRACTOR SHALL BE DEEMED TO HAVE WAIVED ANY CLAIM NOT MADE
STRICTLY IN ACCORDANCE WITH THE PROCEDURE AND TIME LIMITS SET OUT IN
THIS PARAGRAPH.
(b) Referral to the Engineer. Claims, disputes, and other matters in question between the Contractor
and the Owner relating to the progress or execution of the Work or the interpretation of the
Contract Documents shall be referred to the Engineer for recommendation to the Owner, which
recommendation the Engineer will furnish in writing within a reasonable time, provided proper
and adeyuate substantiation has been received. Failure of the Contractor to submit the Claim to
the Engineer for rendering of a recommendation to the Owner shall constitute a waiver of the
Claim.
(c) Continuing Contract Performance. Pending final resolution of a claim the Contractor shall
proceed diligently with performance of the Work and the Owner shall continue to make
payments in accordance with the Contract Documents.
(d) Claims for Concealed or Unknown Conditions. No adjustment in the Contract Sum or Time
associated with concealed or unknown conditions will normally be considered or allowed;
provided, however, that the Contract Sum or Time may be adjusted by the Owner in such
circumstances only if:
(1) a concealed subsurface condition is encountered in the course of performance of the Work;
(2) a concealed or unknown condition in an existing structure is at variance with conditions
indicated by the Contract Documents; or
(3) an unknown physical condition is encountered below the surface of the ground or in an
existing structure which is of an unusual nature and materially different from those ordinarily
encountered and generally recognized as inherent in the character of the Work; and
(4) a notice of claim with proper and adequate substantiation is presented pursuant to
Subparagraph 4.3(a) of these General Conditions; and
(5) the Owner and the Engineer determine that:
(i) prior to submitting its bid for the Work, the Contractor used reasonable diligence to fully
inspect the portion of the Project site where the condition was discovered; and
(ii) the work caused or required by the concealed or unknown condition at issue can be
considered extra work to the extent that additional new Drawings must be prepared and
issued and new construction beyond the scope of the Contract Documents is required.
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(e) Disclaimer of Warranties as to Reports, Drawings, and Specifications. PROJECT SITE
INFORMATION AND REPORTS (INCLUDING BUT NOT LIMITED TO SOILS TESTING
REPORTS, GEOTECHNICAL REPORTS, OR ENVIRONMENTAL SITE ASSESSMENTS)
PROVIDED BY THE OWNER AND THE ENGINEER IN THE PROJECT MANUAL OR BY
OTHER MEANS SHALL BE UTILIZED BY THE CONTRACTOR AT THE
CONTRACTOR'S OWN RISK. THE OWNER AND THE ENGINEER DO NOT
GUARANTEE OR WARRANT ANY INFORMATION SHOWN IN THE PROJECT SITE
INFORMATION AND REPORTS.
(� Claims for Additional Cost. If the Contractor wishes to make a claim for an increase in the
Contract Sum, written notice as provided in this Paragraph 4.3 shall be given before proceeding
to execute the Work. Prior notice is not required for claims relating to an emergency endangering
life or property arising under Paragraph 10.3. In addition, the Contractor's request for an increase
in the Contract Sum for any reason (other than work performed under emergency conditions)
shall be made far enough in advance of required work to allow the Owner and the Engineer a
sufficient amount of time, without adversely affecting the construction schedule, to review the
request, prepare and distribute such additional documents as may be necessary to obtain suitable
estimates or proposals and to negotiate, execute and distribute a Change Order for the required
work if the Contractor believes that additional cost is involved for reasons including but not
limited to:
(1) a written interpretation from the Engineer;
(2) a written order for a minor change in the Work issued by the Engineer;
(3) failure of payment by the Owner;
(4) termination of the Contract by the Owner;
(5) the Owner's temporary suspension of all or any portion of the Work where the Contractor
was not at fault; or
(6) other reasonable grounds.
(g) Injury or Damage to Person or Property. If the Contractor suffers injury or damages to person or
property because of an act or omission of the Owner, or of any of the Owner's officers,
employees or agents, written, sworn-to notice of any claim for damages or injury shall be given
as provided in Subparagraph 4.3(a). The notice shall provide sufficient detail to enable the
Engineer and the Owner to investigate the matter.
(h) Subcontractor Pass-Through Claims. In the event that any Subcontractor of the Contractor
asserts a claim to the Contractor that the Contractor seeks to pass through to the Owner under the
Contract Documents, any entitlement of the Contractor to submit and assert the claim against the
Owner shall be subject to:
(1) the requirements of Paragraph 4.3 of these General Conditions; and
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(2) the following additional three requirements listed below, all three of which additional
requirements shall be conditions precedent to the entitlement of the Contractor to seek and
assert such claim against the Owner:
(ii) The Contractor shall either (A) have direct legal liability as a matter of contract, common
law, or statutory law to the Subcontractor for the claim that the Subcontractor is asserting or
(B) the Contractor shall have entered into a written liquidating agreement with the
Subcontractor, under which agreement the Contractor has agreed to be legally responsible to
the Subcontractor for pursing the assertion of such claim against the Owner under the
Contract and for paying to the Subcontractor any amount that may be recovered, less
Contractor's included markup (subject to the limits in the Contract Documents for any
markup). The liability or responsibilities shall be identified in writing by the Contractor to
the Owner at the time such claim is submitted to Owner, and a copy of any liquidating
agreement shall be included by the Contractor in the claim submittal materials.
(ii) The Contractor shall have reviewed the claim of the Subcontractor prior to its submittal
to Owner and shall have independently evaluated such claim in good faith to determine the
extent to which the claim is believed in good faith to be valid. The Contractor shall also
certify, in writing and under oath to the Owner, at the time of the submittal of such claim,
that the Contractor has made a review, evaluation, and determination that the claim is made
in good faith and is believed to be valid.
(iii) The Subcontractor making the claim to the Contractor shall certify in writing and under
oath that it has compiled, reviewed and evaluated the merits of such claim and that the claim
is believed in good faith by the Subcontractor to be valid. A copy of the certification by the
Subcontractor shall be included by Contractor in the claim submittal materials.
(3) Any failure of the Contractor to comply with any of the foregoing requirements and
conditions precedent with regard to any such claim shall constitute a waiver of any
entitlement to submit or pursue such claim.
(4) Receipt and review of a claim by the Owner under this Subparagraph shall not be construed
as a waiver of any defenses to the claim available to the Owner under the Contract
Documents or law.
(i) Owner's Right to Order Acceleration and to Deny Claimed and Appropriate Time
Extensions, in Whole or in Part. The Contractor acknowledges and agrees that Substantial
Completion of the Work by or before the Scheduled Completion Date is of substantial
importance to Owner. The following provisions, therefore, will apply:
(1) If the Contractor falls behind the approved construction schedule for whatever reason, the
Owner shall have the right, in the Owner's sole discretion, to order the Contractor to
develop a recovery schedule as described in Paragraph 3.10 or to accelerate its progress
in such a manner as to achieve Substantial Completion on or before the Contract Time
completion date or such other date as the Owner may reasonably direct and, upon receipt,
the Contractor shall take all action necessary to comply with the order. In such event, any
possible right, if any, of the Contractor to additional compensation for any acceleration
shall be subject to the terms of this Subparagraph (i).
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(2) In the event that the Contractor is otherwise entitled to an extension of Contract Time and
has properly initiated a Claim for a time extension in accordance with Subparagraph
4.3(a) above, the Owner shall have the right, in the Owner's sole discretion, to deny all,
or any part, of the Claim for extension of Contract Time by giving written notice to the
Contractor provided within fourteen (14) days after receipt of the Contractor's Claim. If
the Owner denies the Contractor's claim for an extension of Contract Time under this
Clause (i)(2), either in whole or in part, the Contractor shall proceed to prosecute the
Work in such a manner as to achieve Substantial Completion on or before the then
existing Scheduled Completion Date.
(3) If the Contractor would have been entitled to a time extension for a reason specifically
allowed under the Contract Documents, for an amount of time that would have justified
approval by the Owner if not for the need and right to accelerate, the Contractor may
initiate a Claim for acceleration costs pursuant to Subparagraph 4.3(a). Any resulting
Claim for acceleration costs properly initiated by the Contractor under Subparagraph
4.3(a) above shall be limited to those reasonable and documented direct costs of labor,
materials, equipment, and supervision solely and directly attributable to the actual
acceleration activity necessary to bring the Work back within the then existing approved
construction schedule. These direct costs include the premium portion of overtime pay,
additional crew, shift, or equipment costs if requested in advance by the Contractor and
approved in writing by the Owner. A percentage markup for the prorated cost of premium
on the existing performance and payment bonds and required insurance, not to exceed
5%, will be allowed on the claimed acceleration costs. NO OTHER MARKUP FOR
PROFIT, OVERHEAD (INCLUDING BUT NOT LIMITED TO HOME OFFICE
OVERHEAD) OR ANY OTHER COSTS WILL BE ALLOWED ON ANY
ACCELERATION CLAIM. The Owner shall not be liable for any costs related to an
acceleration claim other than those described in this Clause (i) (3).
(i) Waiver of Claims; Final Payment. The making of final payment shall constitute a waiver of
claims by the Owner except those arising from:
(1) claims, security interests, purported liens, or other attempted encumbrances arising out ofthe
Contract and remaining unsettled;
(2) defective or nonconforming Work appearing after Substantial Completion;
(3) latent defects, as defined in Subparagraph 12.2(d), appearing after Final Completion; or
(4) the terms of general and special warranties required by the Contract Documents or allowed or
implied by law.
(k) THE CONTRACTOR SHALL NOT BE ENTITLED TO RECOVER ATTORNEY'S FEES AS
A PART OF ANY CLAIM MADE UNDER THE CONTRACT DOCUMENTS OR IN ANY
SUBSEQUENT LAWSUIT OR ALTERNATIVE DISPUTE RESOLUTION PROCEEDING.
(1) No Waiver of Governmental Immunity. NOTHING IN THE CONTRACT DOCUMENTS
SHALL BE CONSTRUED TO WANE THE OWNER'S GOVERNMENTAL IMMUNITY
FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT
IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW.
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ARTICLE 5 SUBCONTRACTORS
5.1 DEFINITIONS OF SUBCONTRACTOR
(a) A Subcontractor is person or entity who has a direct contract with the Contractor to perform a
portion of the Work at the Project site or to supply materials or equipment to the Contractor by
purchase or lease for use in performance of or incorporation into the Work. The term
"Subcontractor" is referred to throughout the Contract Documents as if singular in number and
means a Subcontractor or an authorized representative of the Subcontractor. The term
"Subcontractor" does not include a separate contractor or subcontractors of a separate contractor.
(b) A Sub-subcontractor is a person or entity who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work at the Project site or to supply materials or
equipment to the Subcontractor or another Sub-subcontractor by purchase or lease for use in
performance of or incorporation into the Work. The term "Sub-subcontractor" is referred to
throughout the Contract Documents as if singular in number and means a Sub-subcontractor or
an authorized representative of the Sub-subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE
WORK
(a) Immediately after the award of the Contract by the Owner, and before the Building Construction
Services Agreement is signed by the Contractor and the Owner, the Contractor shall furnish to
the �ngineer in writing, for acceptance by the Owner and the Engineer, a list of the names,
addresses, telephone numbers, M/WBE certifcation numbers (where applicable), and type of
work of the Subcontractors (including those who are to furnish materials or equipment fabricated
to a special design), proposed for the principal portions of the Work, including furnishings when
made a part of the Contract. The Contractor shall immediately notify the Owner in writing of any
changes in the list as they occur. The Engineer will promptly reply to the Contractor in writing
stating whether or not the Owner or the Engineer, after due investigation, has reasonable
objection to any such proposed person or entity. Failure of the Owner or Engineer to reply
promptly shall constitute notice of no reasonable objection.
(b) The Contractor shall not contract with a proposed person or entity to whom the Owner or
Engineer has made reasonable and timely objection.
(c) Engineer's and Owner's approval of or objection to any Subcontractor or of a particular process
or material will not relieve the Contractor of his responsibility for performance of Work as called
for under the Contract Documents, and shall not provide a basis for any claim for additional time
or money on the part of the Contractor. Approval shall not be construed to create any contractual
relationship between the Subcontractor and either the Owner or Engineer. In no event shall the
Contract Sum be increased as a result of the rejection of any Subcontractor.
(d) The Contractor shall not change a Subcontractor previously selected if the Owner or Engineer
makes reasonable objection to such change.
5.3 SUBCONTRACTUAL RELATIONS
(a) By appropriate agreement, written where legally required for validity, the Contractor shall
require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be
bound to the Contractor by the terms of the Contract Documents (including but not limited to
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these General Conditions), and to assume toward the Contractor all the obligations and
responsibilities which the Contractor, by the Contract Documents, assumes toward the Owner
and the Engineer. Each subcontract agreement shall preserve and protect the rights of the Owner
and the Engineer under the Contract Documents (including but not limited to these General
Conditions) with respect to the Work to be performed by the Subcontractor so that
subcontracting will not prejudice the rights of the Owner and the Engineer. Where appropriate,
the Contractor shall require each Subcontractor to enter into similar agreements with Sub-
subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract agreement, copies of the Contract Documents to which the
Subcontractor is to be bound. Subcontractors shall similarly make copies of applicable portions
of such Documents available to their respective proposed Sub-subcontractors.
(b) The Contractor is solely responsible for making payments properly to the Contractor's
Subcontractors on the Project. During performance of the Work, the Contractor shall comply
with the following additional rules regarding Subcontractor payments:
(1) The Contractor shall submit, beginning with the Second Application and Certificate for
Payment, a Subcontractor Payment Report (the "Report") with each Application and
Certificate for Payment. The Report shall show all payments made to date by the Contractor
(plus existing retainage) to each Subcontractor involved in the Project. The Report shall be
made on a form approved and supplied by the Owner. As an alternative to the Report, the
Contractor may furnish Affidavits of Payment Received with the Application and Certificate
for Payment, which affidavits shall be executed by each Subcontractor owed money and paid
during the previous progress payment period for work or materials furnished on the Project.
RECEIP'T BY THE OWNER OF THE REPORT OR AFFIDAVITS OF PAYMENT
RECEIVED SHALL BE A CONDITION PRECEDENT TO PAYMENT ON ANY
APPLICATION.
(2) If, for any reason, the Contractor is withholding payment to a Subcontractor due to a dispute
or other problem with performance, the Contractor shall note the amount withheld and that
payment is in dispute. The Owner may require the Contractor to document and verify the
dispute or other problem in question.
(3) The Owner reserves the right in its sole discretion, to withhold payment to the Contractor
pursuant to Paragraph 9.5(a) of the General Conditions, should it appear from the Report,
statements of payment received or other information furnished to the Owner that:
(i) the Report has not been properly completed;
(ii) the Contractor has knowingly provided false information regarding payment of any
Subcontractor; or
(iii) the Contractor has otherwise failed to make payments properly to any Subcontractor.
(4) THE CONTRACTOR SHALL NOT HAVE ANY RIGHT TO MAKE A CLAIM FOR
ADDITIONAL TIME OR ADDITIONAL COMPENSATION AS A RESULT OF THE
OWNER'S OR ENGINEER'S ENFORCEMENT OF THIS SUBPARAGRAPH 5.3(b). NO
PROVISION OF THIS SUBPARAGRAPH OR ANY OF THE CONTRACT DOCUMENTS
SHALL BE CONSTRUED TO CREATE A CONTRACTUAL RELATIONSHIP,
EXPRESS OR IMPLIED, BETWEEN ANY SUBCONTRACTOR AND EITHER THE
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OWNER OR THE ENGINEER AND SHALL NOT BE CONSTRUED TO MAKE ANY
SUBCONTRACTOR OR ANY OTHER PERSON OR ENTITY A THIRD PARTY
BENEFICIARY OF THE CONTRACT BETWEEN THE OWNER AND THE
CONTRACTOR.
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
In the event of a termination of this Contract by the Owner under Article 14, the Contractor shall, if
requested in writing by the Owner, within fifteen (15) days after the date notice of termination is sent,
deliver and assign to Owner, or any person or entity acting on the Owner's behalf, any or all
subcontracts made by Contractor in the performance of the Work, and deliver to the Owner true and
correct originals and copies of the subcontract documents. In the event assignment is not requested by
the Owner, Contractor shall terminate all subcontracts to the extent that Owner has not directed
assignment of same and to the extent that they relate to the performance of Work terminated by the
notice of termination.
ARTICLE 6 CONSTRUCTION BY THE OWNER/ SEPARATE CONTRACTORS
6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE
CONTRACTS
(a) The Owner reserves the right to perform construction or operations related to the Project with the
Owner's own forces, and to award separate contracts in connection with other portions of the
Project or other construction or operations on the Project site under Conditions of the Contract
identical or substantially similar to these General Conditions, including those portions related to
insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is
involved because of such action by the Owner, the Contractor shall make a claim as provided
elsewhere in and in accordance with the Contract Documents.
(b) When separate contracts are awarded for different portions of the Project or other construction or
operations on the Project site, the term "Contractor" in the Contract Documents in each case
shall mean the Contractor who executes each separate Building Construction Services
Agreement with the Owner.
(c) The Owner shall provide for coordination of the activities of the Owner's own forces and of each
separate contractor with the Work of the Contractor, who shall cooperate with them. The
Contractor shall participate with other separate contractors and the Owner in reviewing their
construction schedules when directed to do so. The Contractor shall, with the approval of the
Owner, make any revisions to the construction schedule deemed necessary after a joint review
and mutual agreement. The construction schedules shall then constitute the schedules to be used
by the Contractor, separate contractors, and the Owner until subsequently revised by mutual
agreement or by written Change Order. If the Contractor believes it is entitled to an adjustment
of the Contract Sum under the circumstances, the Contractor shall submit a written proposal for a
Change Order pursuant to Article 7 of the General Conditions. In the event the Contractor's
Change Order proposal is denied by the Owner, the Contractor must submit any Claim pursuant
to Paragraph 4.3 of the General Conditions.
(d) Unless otherwise provided in the Contract Documents, when the Owner performs construction or
operations related to the Project with the Owner's own forces, the Owner shall be deemed to be
subject to the same obligations and to have the same rights which apply to the Contractor under
these General Conditions, including, without excluding others, those stated in Article 3, this
Article 6, and Articles 10, 11 and 12.
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6.2 MUTUAL RESPONSIBILITY
(a) The Contractor shall afford the Owner and separate contractors' reasonable opportunity for
access to and storage of their materials and equipment and the performance of their activities and
shall coordinate the Contractor's construction and operations with the separate contractors as
required by the Contract Documents.
(b) If part of the Contractor's Work depends for proper execution or results upon construction or
operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with
that portion of the Work, promptly report to the Engineer apparent discrepancies or defects in the
other construction that would render it unsuitable for proper execution and results. Failure of the
Contractor to so report shall constitute an acknowledgment that the Owner's or separate
contractors completed or partially completed construction is fit and proper to receive the
Contractor's Work, except as to defects not then reasonably discoverable.
(c) The Owner shall not be liable to the Contractor for damages suffered by the Contractor due to
the fault or negligence of a separate contractor or through failure of a separate contractor to carry
out the directions of the Owner or the Engineer. Should any interference occur between the
Contractor and a separate contractor, the Engineer or the Owner may furnish the Contractor with
written instructions designating priority of effort or change in methods, whereupon the
Contractor shall immediately comply with such direction. In such event, the Contractor shall be
entitled to an extension of the Contract Time only for unavoidable delays verified by the
Engineer; no increase in the Contract Sum, however, shall be due to the Contractor.
(d) The Contractor shall promptly remedy damage wrongfully caused by the Contractor to
completed or partially completed construction or to property of the Owner or separate
contractors as provided in Subparagraph 10.2(e).
(e) Should the Contractor cause damage to the work or property of any separate contractor on the
Project, the Contractor shall, upon due notice, settle with the separate contractor by agreement, if
the separate contractor will so settle. If the separate contractor sues the Owner or submits a claim
on account of any damage alleged to have been so sustained, the Owner shall notify the
Contractor who shall defend such proceedings, at the Contractor's expense, and if any judgment
or award against the Owner arises from the separate contractor's claim, the Contractor shall pay
or satisfy it and shall reimburse the Owner for all attorney's fees and costs which the Owner has
incurred.
(� The Owner and each separate contractor shall have the same responsibilities for cutting and
patching as are described for the Contractor in Paragraph 3.14.
6.3 OWNER'S RIGHT TO CLEAN UP
If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility
under their respective contracts for maintaining the Project site and surrounding area free from waste
materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost
among those responsible as the Engineer recommends to be just.
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ARTICLE 7 AMENDMENTS
7.1 CHANGE ORDERS
(a) A Change Order is a written order to the Contractor, signed by the Owner and the Engineer,
issued after execution of the Contract, authorizing a change in the Work, an adjustment in the
Contract Sum, or an adjustment to the Contract Time, consistent with other applicable provisions
of this Contract. The Owner, without invalidating the Contract and without reyuiring notice of
any kind to the sureties, may order changes to the scope of Work under the Contract by
additions, deletions, or other revisions, the Contract Sum and Contract Time to be adjusted
consistent with other applicable provisions of this Contract. All Change Orders shall be executed
on a Change Order form approved by the Owner and the Owner's City Attorney.
(b) In addition to the Owner and the Engineer, the Contractor shall sign all Change Orders to verify
and confirm the terms and conditions established by Change Order; however, should the
Contractor refuse to sign a Change Order, this shall not relieve him of his obligation to perform
the change directed by the Owner and the Engineer to the best of his ability in accordance with
the provisions of this Article 7. A Change Order signed by the Contractor indicates his
agreement with all of the changes approved, including the adjustment in the Contract Sum or the
Contract Time. EACH CHANGE ORDER SHALL BE SPECIFIC AND FINAL AS TO PRICES
AND EXTENSIONS OF TIME, WITH NO RESERVATIONS OR OTHER PROVISIONS
ALLOWING FOR FUTURE ADDITIONAL MONEY OR TIME AS A RESULT OF THE
PARTICULAR CHANGES IDENTIFIED AND FULLY COMPENSATED IN THE CHANGE
ORDER. The execution of a Change Order by the Contractor shall constitute conclusive
evidence of the Contractor's agreement to the ordered changes in the Work. The Contractor
forever releases any claim against the Owner for additional time or compensation for matters
relating to or arising out of or resulting from the Work included within or affected by the
executed Change Order. This release applies to claims related to the cumulative impact of all
Change Orders and to any claim related to the effect of a change on other Work.
(c) No extra work (except under emergency conditions) or changes shall be made nor shall any
substitutions, changes or additions to or omissions or deviations from the requirements of the
Drawings and Specifications be made unless pursuant to a written Change Order signed by the
Owner and the Engineer, it being expressly understood that the Owner shall not be liable for the
cost of extra work or any substitution, change, addition, omission or deviation from the
requirements of the Drawings or Specifications unless the same shall have been authorized in
writing by the Owner and the Engineer in a written change order or other Amendment. The
provisions of this Paragraph 7.1 shall control in the event of any inconsistency between such
provisions and the other provisions of this Article 7. See Subparagraph 10.3(a) of the General
Conditions for Change Orders under emergency conditions.
(d) The method of determining the cost or credit to the Owner for any change in the Work shall be
one of the following:
(1) mutual acceptance of a not-to-exceed lump sum amount properly itemized and supported by
sufficient substantiating data to permit evaluation;
(2) unit prices stated in the Contract Documents or subsequently agreed upon;
2�
(3) cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed
or percentage fee; or
(4) the force account method provided in Subparagraph 7.1(e)
(e) If the parties cannot agree to one of the methods of calculating cost provided in Clauses (d) (1),
(d) (2), or (d) (3), or if the parties agree to a method but cannot agree to a fnal dollar fgure, or if
the Contractor for whatever reason refuses to sign the Change Order in question, the Contractor,
provided he receives a written order signed by the Owner, shall promptly proceed with the Work
involved. The cost of the Work involved shall then be calculated on the basis of the reasonable
jobsite expenditures and savings of those performing the Work attributable to the changes,
including a reasonable allowance for overhead and profit, such allowance in any case never to
exceed 15%. In such case, the Contractor shall keep an itemized accounting of the Work
involved, on a daily basis, in such form and with the appropriate supporting data as the Engineer
and Owner may prescribe. Sworn copies of the itemized accounting shall be delivered to the
Engineer each day during the performance of force account work, with copies to the Owner.
FAILURE OF THE CONTRACTOR TO SUBMIT THE SWORN-TO ITEMIZED
ACCOUNTING DAILY AS REQUIRED HEREIN SHALL CONSTITUTE A WAIVER BY
THE CONTRACTOR OF ANY RIGHT TO DISPUTE THE OWNER'S DETERMINATION
OF THE AMOiJNT DUE THE CONTRACTOR FOR FORCE ACCOLINT WORK. Costs to be
charged under this Subparagraph for force account work are limited to the following:
(1) costs of labor, including social security, old age and unemployment insurance, fringe benefits
required by agreement or custom, and workers compensation insurance;
(2) costs of materials, supplies and equipment (but not to include off-site storage unless
approved in writing by the Owner), whether incorporated or consumed;
(3) rental costs of machinery and equipment, exclusive of hand tools, whether rented from the
Contractor or others;
(4) costs of premiums for all bonds and insurance related to the Work; and
(5) additional costs of supervision and field office personnel directly attributable to the changed
Work. Pending final determination of cost to the Owner, payment of undisputed amounts on
force account shall be included on the Engineer's Certificate of Payment as work is
completed.
(� The amount of credit to be allowed to the Owner for any deletion of Work or any other change
which results in a net decrease of the Contract Sum shall be the amount of actual net cost
confirmed by the Engineer plus the stated percentage for overhead and profit. When both
additions and deletions or credits covering related Work or substitutions are involved in any one
change, the allowance for overhead and profit shall be fgured on the basis of the net increase or
decrease with respect to that change.
7.2 SUPPLEMENTAL AGREEMENTS
A written Supplemental Agreement can also be used to implement changes in the Work instead of a
Change Order form, including but not limited to situations involving partial occupancy of the Work
under Paragraph 9.8, a change made to the Drawings or the Specifications without an increase in the
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Contract Sum, or special circumstances where it is necessary or more appropriate for the Owner to
use a Supplemental Agreement. Written Supplemental Agreements shall have a status equal to that
of Change Orders for purposes of priority of Contract Documents interpretation, except that to the
extent of a conflict, later Supplemental Agreements in time control over earlier Supplemental
Agreements, and the latest Change Order or Supplemental Agreement in time controls over earlier
dated Change Orders and Supplemental Agreements. The rules of Subparagraphs 7.1(b) through (fl
shall also apply to the negotiation and execution of Supplemental Agreements.
7.3 MINOR CHANGES IN THE WORK
The Engineer, after notifying the Owner, shall be authorized to order minor changes in the Work not
involving an adjustment in the Contract Sum or an extension of the Contract Time and not
inconsistent with the intent of the Contract Documents. Minor changes shall be effected by written
order, and shall be binding on the Owner and the Contractor. The Contractor shall carry out such
written orders promptly. These written orders shall not be deemed to change or impact the Contract
Sum or the Contract Time. Contractor shall have no Claim for any minor change ordered to the
Work under this Paragraph 7.3 unless the Contractor submits its change proposal, prior to complying
with the minor change ordered and in no event later than ten (10) working days from the date the
minor change was ordered, to the Owner for approval.
7.4 TIME REQUIRED TO PROCESS AMENDMENTS
(a) All of the Contractor's responses to proposal requests shall be accompanied by a complete,
itemized breakdown of costs. Responses to proposal requests shall be submitted sufficiently in
advance of the required work to allow the Owner and the Engineer a minimum of thirty (30)
calendar days after receipt by the Engineer to review the itemized breakdown and to prepare or
distribute additional documents as may be necessary. All of the Contractor's responses to
proposal requests shall include a statement that the cost described in the response represents the
complete, total and final cost and additional Contract Time associated with the extra work,
change, addition to, omission, deviation, substitution, or other grounds for seeking extra
compensation under the Contract Documents, without reservation or further recourse.
(b) All Amendments require approval by either the City Council or, where authorized by the state
law and City ordinance, by the City Manager pursuant to Administrative Action. The approval
process requires a minimum of forty-five (45) calendar days after submission to the Owner in
final form with all supporting data. Receipt of a submission by Owner does not constitute
acceptance or approval of a proposal, nor does it constitute a warranty that the proposal will be
authorized by City Council Resolution or Administrative Action. THE TIME REQUIRED FOR
THE APPROVAL PROCESS SHALL NOT BE CONSIDERED A DELAY AND NO
EXTENSIONS TO THE CONTRACT TIME OR INCREASE IN THE CONTRACT SUM
WILL BE CONSIDERED OR GRANTED AS A RESULT OF THIS PROCESS. Pending the
approval described above, the Contractor will proceed with the work under a pending
Amendment only if directed in writing by the Owner.
ARTICLE 8 CONTRACT TIME
8.1 DEFINITIONS
(a) Unless otherwise provided, the Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
(b) The date of commencement of the Work is the date established in the notice to proceed from the
Owner. The date of commencement shall not be postponed by the failure of the Contractor, or of
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persons or entities for whom the Contractor is responsible to act promptly to commence the
Work. If the Owner unreasonably delays the issuance of the notice to proceed through no fault of
the Contractor, the Contractor shall be entitled only to an equitable extension of the Contract
Time; the Contract Sum shall remain unchanged.
(c) The date of Substantial Completion is the date certified by the Engineer in accordance with
Paragraph 9.7.
(d) The term "day" as used in the Contract Documents shall mean a calendar day, beginning and
ending at 12:00 midnight, unless otherwise specifically defined by special provision.
8.2 PROGRESS AND COMPLETION
(a) Time limits stated in the Contract Documents are of the essence of the Contract. By executing
'the Building Construction Services Agreement, the Contractor confirms that the Contract Time is
a reasonable period for performing the Work.
(b) The Contractor shall not knowingly, except by agreement with or instruction of the Owner in
writing, prematurely commence operations on the Project site or elsewhere prior to the effective
date of insurance to be furnished by the Contractor as required by Article 11. The date of
commencement of the Work shall not be changed by the effective date of insurance required by
Article 11.
(c) Liquidated Damages. The Contractor shall proceed expeditiously with adequate forces,
materials, and equipment, and shall achieve Substantial Completion within the Contract Time. If
the Contractor fails or refuses to complete the Work within the Contract Time as specified in the
Bid Proposal form, the Building Construction Services Agreement, or in any proper extension of
the Contract Time granted by the Owner, then the Contractor agrees, as a part of the
consideration for the awarding of the Contract, to pay to the Owner the amount of liquidated
damages (hereinafter called the "Stipulated Amount") as stipulated in the Bid Proposal form and
the Building Construction Services Agreement for each calendar day that the Contractor has not
Substantially Completed the Work after the expiration of the Contract Time provided. The
Stipulated Amount is not to be considered as a penalty, but shall be deemed, taken, or treated as
reasonable liquidated damages, fixed and agreed upon by and between the Contractor and the
Owner because of the impracticality and extreme difficulty of fixing and ascertaining the actual
damages the Owner would sustain in the event of the Contractor's late completion of the Project,
and the stipulated amount is agreed to be the daily amount of damages that the Owner would
sustain. The Stipulated Amount, as it accrues, will be retained from any portion of the Contract
Sum due or that may become due to the Contractor. In the event the portion of the Contract Sum
retained by the Owner is insufficient to recover the Stipulated Amount, then the Contractor or the
Contractor's Surety shall pay to the Owner any additional liquidated damages due that are in
excess of the funds remaining unpaid in the Contract Sum. The Owner shall be the sole judge as
to whether or not the Work has been Substantially Completed within the calendar days allotted,
which shall include the original Contract Time and any proper extension of the Contract Time
granted in writing by the Owner. Should the Contractor dispute the Owner's determination of
liquidated damages due, however, or should the Contractor, or the Contractor's agents or assigns,
institute any legal action against the Owner to enforce rights under the Contract Documents, then
this Subparagraph 8.2(c) shall not be construed to prevent the Owner from seeking full recovery
for any and all actual damages suffered by the Owner and attributable to the Contractor, as an
alternative to all liquidated damages due.
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8.3 DELAYS AND EXTENSIONS OF TIME
(a) If the Contractor is delayed at any time in the progress of the Work by an act or neglect of the
Owner or Engineer, or of an employee of either, or of a separate contractor employed by the
Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries,
unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by
the Owner pending a claim, or by other causes which the Engineer determines may justify delay,
then the Contract Time shall be extended by Change Order for such reasonable time as the
Engineer and Owner may determine.
(b) Claims relating to Contract Time and time extensions shall be made in accordance with the
applicable provisions of Paragraph 4.3.
(c) No Damages for Delay. NOTWITHSTANDING ANY OTHER PROVISIONS OF THE
CONTRACT DOCUMENTS, INCLUDING THE GENERAL CONDITIONS, NO
ADJUSTMENT SHALL BE MADE TO THE CONTRACT SUM AND THE CONTRACTOR
SHALL NOT BE ENTITLED TO CLAIM OR RECEIVE ANY ADDITIONAL
COMPENSATION AS A RESULT OF OR ARISING OUT OF ANY DELAY, HINDRANCE,
DISRUPTION, FORCE MAJEURE, IMPACT, OR INTERFERENCE, INTENTIONAL OR
UNINTENTIONAL, FORESEEN OR UNFORESEEN, WHICH INCREASES THE TIME TO
COMPLETE THE WORK, INCLUDING BUT NOT LIMITED TO ANY DELAYS CAUSED
IN WHOLE OR IN PART BY THE ACTS, OMISSIONS, FAILURES, NEGLIGENCE, OR
FAULT OF THE OWNER, THE ENGINEER, OR THE OWNER'S REPRESENTATIVE, AN
EXTENSION OF THE CONTRACT TIME UNDER SUBPARAGRAPH 8.3(a) BEING THE
CONTRACTOR' S SOLE REMEDY.
(d) The Owner shall have the right to occupy, without prejudice to the right of either party, any
completed or largely completed portions of the structure or Work, notwithstanding the fact that
the Contract Time for completing all or a portion of the Work may not have expired. Partial
occupancy and use shall not be deemed as an acceptance of the Work taken or used.
(e) The Contractor shall promptly suspend the Work when either the Contractor or the Owner is
ordered to do so by a court order from a court having lawful jurisdiction, and the Contractor will
not be entitled to additional compensation by virtue of any delays resulting from the court order.
The Contractor will also not be liable to the Owner for a delay caused in fact by the Work being
suspended by a court order.
(� The Engineer, with the consent of the Owner, shall have the authority to suspend the Work, in
whole or in part, for such period or periods as the Engineer deems necessary due to unusual or
severe weather conditions as are considered unfavorable for the suitable prosecution of the
Work, or due to failure on the part of the Contractor to correct conditions considered unsafe for
workmen or the general public. If it should become necessary to stop the Work for an indefinite
period, the Contractor shall store all materials in such a manner that they will not obstruct or
impede the public unnecessarily or become damaged in any way, and shall take every precaution
to prevent damage or deterioration of the Work performed. In cases of suspension of the Work
under this Subparagraph, the Contractor shall also provide suitable drainage about the Work and
erect temporary structures where necessary. The Contractor shall not suspend the Work in whole
or in part without written authority from the Engineer or the Owner, and shall resume the Work
promptly when notified by the Engineer or the Owner to resume operations.
K�i
(g) In the event of a delay that is the responsibility of the Contractor or any of the Subcontractors,
for which the Contractor is not entitled to a time extension under the provisions of this Contract,
the Owner may direct that the Work be accelerated by means of overtime, additional crews or
additional shifts, or resequencing. This acceleration shall be at no cost to the Owner and will
continue until the Contract Time is restored. In the event of a delay for which the Contractor is
entitled to a time extension, as determined by the Engineer, Owner may similarly direct
acceleration and the Contractor agrees to perform same on the basis that the Contractor will be
reimbursed only to the extent described in Subparagraph 4.3(i). THE CONTRACTOR
EXPRESSLY WAIVES ANY OTHER COMPENSATION RESULTING FROM
ACCELERATION, SUCH AS LOSS OF LABOR PRODUCTIVITY OR EFFICIENCY.
ARTICLE 9 PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
The Contract Sum is stated in the Building Construction Services Agreement and, including
authorized adjustments, is the total amount of compensation payable by the Owner to the Contractor
for the performance of the Work under the Contract Documents.
9.2 SCHEDULE OF VALUES
Before the first Application for Payment, the Contractor shall submit to the Engineer a schedule of
values allocated to various portions of the Work, prepared in such form and supported by such data
to substantiate its accuracy as the Engineer may require. This schedule, when approved by the
Engineer and the Owner, shall be used as a basis for the Contractor's Application for Payment. The
schedule of values shall follow the trade division of the Specifications. Contractor's Application for
Payment shall be filed on the current version of AIA Form G702 (Application and Certificate for
Payment), as approved by the Owner.
9.3 APPLICATIONS FOR PAYMENT
(a) At least ten (10) days before the date established for each progress payment, the Contractor shall
submit to the Engineer an itemized Application for Payment for Work completed in accordance
with the schedule of values. The Application shall be notarized, if required, and supported by
data substantiating the Contractor's right to payment as the Owner or Engineer may require,
including but not limited to copies of requisitions from Subcontractors and material suppliers,
and reflecting the applicable retainage as required in the Contract Documents. Contractor's
Application for Payment shall also provide other supporting documentation as the Owner or the
other applicable provisions of the Contract Documents may require.
(b) Applications for Payment may not include requests for payment of amounts the Contractor does
not intend to pay to a Subcontractor because of a good faith dispute, unless the Contractor
complies with Clause 53(b) (2) of these General Conditions and the Contractor's Payment Bond
Surety consents in writing to payment to the Contractor of the funds deemed to be in dispute.
(c) Unless otherwise provided in the Contract Documents, progress payments shall include payment
for materials and equipment delivered and suitably stored at the Project site for subsequent
incorporation into the Work within thirty (30) days after delivery to the Project site. If approved
in advance by the Owner, payment may similarly be made for materials and equipment suitably
stored away from the Project site at a location agreed upon in writing. Payment for costs incurred
32
in storage of materials or equipment away from the Project site will NOT be made by Owner
unless:
(1) the Owner has given prior approval of such off-site storage in writing;
(2) the materials or equipment are stored in a bonded warehouse located in Denton County and
identified with the Project for which they are stored, as evidenced by warehouse receipts
and appropriate documents of title; and
(3) the materials or equipment stored off-site will be incorporated into the Work within thirty
(30) days after delivery. STORAGE IN FACILITIES OF THE MANUFACTURER OR
THE CONTRACTOR WILL NOT BE PERMITTED OR PAID FOR, UNLESS THE
OWNER HAS EXPRESSLY GIVEN PRIOR APPROVAL OF SUCH STORAGE IN
WRITING.
(d) The Contractor warrants that title to all Work covered by an Application for Payment will pass to
the Owner no later than the time of payment. The Contractor further warrants that upon submittal
of an Application for Payment all Work for which Certificates for Payment have been previously
issued and payments received from the Owner shall be free and clear of liens, claims, security
interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other
persons or entities making a claim by reason of having provided labor, materials, and equipment
relating to the Work.
(e) All materials or equipment delivered to the Project site earlier than thirty (30) days prior to an
approved schedule for delivery to the Project site shall be classified as an "early delivery." All
early delivery materials or equipment must have the express written permission of the Owner to
be stored on the Project site. If any unauthorized early delivery occurs, Contractor shall, at
Contractor's expense or at the expense of the responsible Subcontractor or Supplier, cause such
early delivery to be removed from the Project site and stored off-site until required at the Project
site. All costs of labor, transportation and storage will be included as part of the expense. If the
Contractor fails or refuses to remove unauthorized early delivery materials, the Owner may cause
such materials to be removed at the Contractor's sole expense, and amounts may be withheld
from the Contractor's Application for Payment to reimburse the Owner for any costs incurred in
removing unauthorized early delivery materials. OWNER WILL NOT BE RESPONSIBLE FOR
THE PROTECTION OF OR RISK OF LOSS ON ANY EARLY DELIVERY MATERIALS OR
EQUIPMENT, NOR WILL OWNER BE LIABLE FOR ANY PAYMENT FOR THE EARLY
DELIVERY MATERIALS OR EQUIPMENT. Any materials or equipment classified as early
delivery will not be approved for payment as stored materials prior to thirty (30) days before the
incorporation of the materials or equipment into the Work, unless storage and payment at an
earlier date is expressly approved in writing by the Owner.
( fl If the Contract Sum is equal to or less than $25,000.00 and performance and payment bonds are
not furnished by the Contractor, no payment applied for will be payable under the Contract until
the Work has been Finally Completed and accepted.
9.4 CERTIFICATES FOR PAYMENT
(a) The Engineer will, within ten (10) days after receipt of the Contractor's Application for Payment,
either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such
amount as the Engineer determines is properly due, or notify the Contractor and Owner in
writing of the Engineer's reasons for withholding certification in whole or in part as provided in
(a) Subparagraph 9.5(a). The Certificate for Payment shall be issued on the current version of AIA
Form G702 (Application and Certificate for Payment) as approved by the Owner.
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(b) The issuance of a Certificate for Payment will constitute a representation by the Engineer to the
Owner, based on the Engineer's observations at the site and the data comprising the Application
for Payment, that the Work has progressed to the point indicated and that, to the best of the
Engineer's knowledge, information and belief, quality of the Work is in accordance with the
Contract Documents. The foregoing representations are subject to an evaluation of the Work for
conformance with the Contract Documents upon Substantial and Final Completion, to results of
subsequent tests and inspections, to minor deviations from the Contract Documents correctable
prior to Final Completion and to specific qualifications expressed by the Engineer. The issuance
of a Certificate for Payment will further constitute a representation that the Contractor is entitled
to payment in the amount certified, subject to the Owner's approval. The issuance of a
Certificate for Payment is not a representation that the Engineer has:
(1) made exhaustive or continuous on-site inspections to check the quality or quantity of the
Work;
(2) reviewed construction means, methods, techniques, sequences or procedures;
(3) reviewed copies of requisitions received from Subcontractors and material suppliers and
other data requested by the Owner to substantiate the Contractor's right to payment; or
(4) made examination to ascertain how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum.
(c) Whenever the Application for Payment for Work done since the last previous Application for
Payment exceeds one hundred dollars ($100.00) in amount, Owner will pay a percentage of the
Application, less applicable retainage, to the Contractor within thirty (30) days following
Owner's receipt and approval of the Certificate for Payment certified by the Engineer. The
Application may include acceptable nonperishable materials delivered to the Work or stored as
provided for in Paragraph 9.3(c) and the payment will be allowed on the net invoice value, less
taxes and applicable retainage.
(d) The City is required to withhold retainage for public works contracts in which the total contract
price estimate at the time of execution is more than $400,000; however, this requirement is
typically applied by the City for all public works contracts in excess of $50,000. The City may
require varying percentage withholding amounts; however, the City typically requires five
percent. For retainage percentages in excess of five percent, the City must deposit the retainage
into an interest-bearing account and pay the interest earned to the contractor on completion of the
contract. The retainage will be withheld by the Owner from each progress payment until final
completion of the Work by the Contractor, approval of final completion by the Engineer, and
final acceptance of the Work by the Owner. Unless otherwise required by state law, the retainage
percentage as specifed above is based upon the original Contract Sum, and will not be affected
in the event the original Contract Sum is subsequently increased or decreased by Change Order.
(e) No progress payments shall be made on contracts where performance and payment bonds are not
required or furnished. In such instances, payment for the Work performed will be made upon
final completion and acceptance by the Owner of all Work.
9.5 DECISIONS TO WITHHOLD CERTIFICATION
(a) The Engineer or the Owner may decide not to certify payment and may withhold a Certificate for
Payment in whole or in part, to the extent reasonably necessary to protect the Owner's interest, if
34
in the Engineer's or Owner's opinion the representations to the Owner required by Subparagraph
9.4(b) cannot be made. If the Engineer or the Owner is unable to certify payment in the amount
of the Application, the Engineer or the Owner will notify the Contractor as provided in
Subparagraph 9.4(a). If the Contractor and Engineer or the Owner cannot agree on a revised
amount, the Engineer will promptly issue a Certificate for Payment for the amount for which the
Engineer is able to make the required representations to the Owner. The Engineer or the Owner
may also decide not to certify payment or, because of subsequently discovered evidence or
subsequent observations, may nullify the whole or a part of a Certificate for Payment previously
issued to such extent as may be necessary, in the Engineer's or Owner's opinion, to protect the
Owner from loss because o£
(1) defective or nonconforming Work not remedied;
(2) third party claims filed or reasonable evidence indicating probable filing of such claims;
(3) failure of the Contractor to make payments properly to Subcontractors or for labor, materials,
or equipment;
(4) reasonable evidence that the Work cannot be completed for the unpaid balance of the
Contract Sum;
(5) damage to the Owner or another contractor;
(6) reasonable evidence that the Work will not be completed within the Contract Time, and that
the unpaid balance would not be adequate to cover actual or liquidated damages for the
anticipated delay;
(7) persistent failure to carry out the Work in accordance with the Contract Documents; or
(8) mathematical or other errors that are discovered in the Application for Payment.
(b) When each of the above reasons that existed for withholding certifcation are removed or
remedied, certification will be made for amounts previously withheld.
(c) The Owner may, at its option, offset any progress payment or final payment under the Contract
Documents against any debt (including taxes) lawfully due to the Owner from the Contractor,
regardless of whether the amount due arises pursuant to the terms of the Contract Documents or
otherwise and regardless of whether or not the debt due to the Owner has been reduced to
judgment by a court.
9.6 PROGRESS PAYMENTS
(a) After the Engineer has issued a Certificate for Payment, the Owner shall make payment in the
manner and within the time provided in the Contract Documents, and shall so notify the
Engineer. The Owner shall not be liable for interest on any late or delayed progress payment or
final payment caused by any claim or dispute, any discrepancy in quantities, any failure to
provide supporting documentation or other information required with the Application for
Payment or as a precondition to payment under the Contract Documents, or due to any payment
the Owner or the Engineer has a right to withhold or not certify under the Contract Documents.
Notwithstanding the foregoing, the Owner may refuse to make payment on any Certificate for
c�.7
Payment (including, without limitation, the fnal Certificate for Payment) for any'default under
the Contract Documents, including but not limited to those defaults set forth in Subparagraph
9.5(a), Clauses (1) through (7). The Owner shall not be deemed in default by reason of
withholding payment while any Contractor default remains uncured.
(b) The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner,
out of the amount paid to the Contractor on account of each Subcontractor's portion of the Work,
the amount to which said Subcontractor is entitled, reflecting percentages actually retained from
payments to the Contractor on account of such Subcontractors portion of the Work. The
Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor
to make payments to Sub-subcontractors in similar manner.
(c) The Engineer will, on request, furnish to a Subcontractor, if practicable, information regarding
percentages of completion or amounts applied for by the Contractor and action taken thereon by
the Engineer and the Owner on account of portions of the Work done by such Subcontractor.
(d) Neither the Owner nor the Engineer shall have an obligation to pay or to see to the payment of
money to a Subcontractor except as may otherwise be required by law. That obligation belongs
to the Contractor or, in the event of the Contractor's failure to pay a Subcontractor, to the Surety
on the Payment Bond as required under Paragraph 11.3.
(e) Payment to material suppliers shall be treated in a manner similar to that provided in
Subparagraphs 9.6(b), (c), and (d).
(fl A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the
Project by the Owner shall not constitute acceptance of Work not performed in accordance with
the Contract Documents.
9.7 SUBSTANTIAL COMPLETION
(a) The Date of Substantial Completion of the Work, or designated portion of the Work, is the date
certified by the Engineer when construction is sufficiently completed in accordance with the City Of
Denton General Conditions For Building Construction.
(a) the Contract Documents such that the Owner may beneficially occupy and use the Work, or
designated portions of the Work, for the purposes for which it is intended and only trivial and
insignifcant items remain which do not affect the Work as a whole.
(b) When the Contractor considers that the Work, or the portion of the Work which the Owner
agrees to accept separately, is Substantially Complete, the Contractor shall prepare and submit to
the Engineer a comprehensive list of remaining items to be completed or corrected. The
Contractor shall proceed promptly to complete and correct items on the list (hereinafter called
the "punch list"). Failure to include an item on the punch list does not alter the responsibility of
the Contractor to complete all Work in accordance with the Contract Documents. Upon receipt
of the punch list, the Engineer will make an inspection to determine whether the Work, or
designated portion of the Work, is Substantially Complete. If the Engineer's inspection discloses
any item, whether or not included on the punch list, which is not in accordance with the
requirements of the Contract Documents and which renders the Work inspected not Substantially
Complete the Contractor shall, before issuance of the Certificate of Substantial Completion,
complete or correct the item upon notification by the Engineer. The Contractor shall then submit
a request for another inspection by the Engineer to determine Substantial Completion. When the
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Work or designated portion of the Work is Substantially Complete, the Engineer will prepare a
Certificate of Substantial Completion which shall establish the date of Substantial Completion,
shall establish responsibilities of the Owner and the Contractor for security, maintenance, heat,
utilities, damage to the Work and insurance, and shall fix the time within which the Contractor
shall finish all items on the punch list accompanying the Certificate.
(c) The Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for
their written acceptance of responsibilities assigned to them in the Certificate.
(d) Upon Substantial Completion of the Work or designated portion thereof and upon application by
the Contractor and certification by the Engineer, the Owner shall make payment, reflecting
adjustment in retainage, if any, for the Work, or portion of the Work, as provided in the Contract
Documents.
9.8 PARTIAL OCCUPANCY OR USE
(a) The Owner may occupy or use any completed or partially completed portion of the Work at any
stage when such portion is designated by separate Supplemental Agreement with the Contractor,
provided such occupancy or use is consented to by the insurer as required under Subparagraph
11.2(e) and authorized by public authorities having jurisdiction over the Work. Such partial
occupancy or use may commence whether or not the portion is Substantially Complete, provided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them
for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and
insurance, and have agreed in writing concerning the period for correction of the Work and
commencement of warranties required by the Contract Documents. When the Contractor
considers a portion Substantially Complete, the Contractor shall prepare and submit a list to the
Engineer as provided under Subparagraph 9.7(b). Consent of the Contractor to partia] occupancy
or use shall not be unreasonably withheld. The stage of the
(a) progress of the Work shall be determined by written agreement between the Owner and
Contractor or, if no agreement is reached, by decision of the Engineer.
(b) Immediately prior to such partial occupancy or use, the Owner, Contractor, and Engineer shall
jointly inspect the area to be occupied or portion of the Work to be used in order to determine
and record the condition of the Work.
(c) Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work
shall not constitute acceptance of Work not complying with the requirements of the Contract
Documents.
9.9 FINAL COMPLETION AND FINAL PAYMENT
(a) Upon receipt of written notice that the Work is ready for final inspection and acceptance and
upon receipt of a final Application for Payment, the Engineer, accompanied by the Owner's
representative, will promptly make final inspection and, when the Engineer finds the Work
acceptable under the Contract Documents and the Contract Documents fully performed, the
Engineer will promptly issue a final Certificate for Payment stating that to the best of the
Engineer's knowledge, information and belief, and on the basis of the Engineer's observations
and inspections, the Work has been completed in accordance with terms and conditions of the
Contract Documents and that the entire balance found to be due the Contractor and noted in said
final Certificate is due and payable. The Engineer's final Certificate for Payment will constitute a
further representation that conditions listed in Subparagraph 9.9(b) as a condition precedent to
the Contractor's being entitled to final payment have been fulfilled. Owner will normally make
37
final payment within thirty (30) days after Owner's receipt and approval of the final Certificate
for Payment. Warranties required by the Contract Documents shall commence on the date of
Substantial Completion of the Work, unless otherwise provided by separate agreement between
the Owner and the Contractor.
(b) Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to the Engineer:
(1) an affdavit that payrolls, bills for materials and equipment, and other indebtedness connected
with the Work for which the Owner or the Owner's property might be responsible or
encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied;
(2) a certificate evidencing that insurance required by the Contract Documents to remain in force
after final payment is currently in effect and will not be cancelled or allowed to expire until
at least thirty (30) days prior written notice has been given to the Owner;
(3) a written statement that the Contractor knows of no substantial reason that the insurance will
not be renewable to cover the period required by the Contract Documents;
(4) a consent of surety to final payment; and
(5) if required by the Owner, other data establishing payment or satisfaction of obligations, such
as receipts, releases and waivers of liens, claims, security interests or encumbrances arising
out of the Contract, to the extent and in such form as may be designated by the Owner.
(c) As a precondition to final payment by the Owner under this Contract, the Contractor's affidavit
under Clause (b)(1) shall state that the Contractor has paid each of his subcontractors, laborers or
materialmen in full for all labor and materials provided to him for the Work under this Contract.
In the event the Contractor has not paid each of his subcontractors, laborers or materialmen in
full, the Contractor shall state in the affidavit the amount owed and the name of each
subcontractor, laborer or materialmen to whom such payment is owed. IN ANY EVENT, THE
CONTRACTOR SHALL BE REQUIRED TO EXECUTE THE OWNER'S STANDARD
AFFIDAVIT OF FINAL PAYMENT AND RELEASE AS A PRECONDITION TO RECEIPT
OF FINAL PAYMENT.
(d) If, after Substantial Completion of the Work, final completion of the Work is materially delayed
through no fault of the Contractor or by issuance of Change Orders affecting final completion
and the Engineer confirms the delay, the Owner shall, upon application by the Contractor and
certification by the Engineer, and without terminating the Contract, make payment of the balance
due for that portion of the Work fully completed and accepted. If the remaining balance for
Work not fully completed or corrected is less than retainage stipulated in the Contract
Documents, and if bonds have been furnished, the written consent of surety to payment of the
balance due for that portion of the Work fully completed and accepted shall be submitted by the
Contractor to the Engineer prior to certification of payment. Payment shall be made under terms
and conditions governing final payment, except that it shall not constitute a waiver of claims.
(e) The acceptance by the Contractor of the final payment shall operate as and shall be a complete
release of the Owner from all claims or liabilities under the Contract, for anything done or
furnished or relating to the Work or the Project, or for any act or neglect of the Owner relating to
or connected with the Work or the Project.
ARTICLE 10 SAFETY, SECURITY AND UTILITY PROVISIONS; ENVIRONMENTAL
COMPLIANCE
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10.1 SAFETY PRECAUTIONS AND PROGRAMS
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the performance of the Contract, and will comply with all
applicable City, County, State and Federal health and safety regulations.
10.2 SAFETY OF PERSONS AND PROPERTY
(a) The Contractor shall take reasonable precautions for safety of, and shall provide reasonable
protection to prevent damage, injury or loss to:
(1) employees on the Work and other persons who may be affected thereby;
(2) the Work and materials and equipment to be incorporated therein, whether in storage on or
off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub-subcontractors; and
(3) other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the
course of construction.
(b) The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations
and lawful orders of public authorities bearing on safety of persons or property or their
protection from damage, injury or loss.
(c) The Contractor shall erect and maintain, as required by existing conditions and performance of
the Contract, reasonable safeguards for safety and protection, including posting danger signs and
other warnings against hazards, promulgating safety regulations and notifying owners and users
of adjacent sites and utilities.
(d) USE OF EXPLOSIVES IS PROHIBITED - CLAIMS AND TOTAL INDEMNIFICATION. The
Owner shall have the right to pre-approve the use of any explosives on the Project; the
Contractor shall not assume in its bid that permission to use explosives will be granted. The
Owner shall NOT be liable for any claim for additional time or compensation as a result of the
Owner's denial of permission to use explosives. Where use of explosives is permitted by the
Owner, the Contractor EXPRESSLY AGREES TO BE SOLELY RESPONSIBLE for the
determination as to whether explosives shall actually be used, and for any result from the use,
handling or storage of explosives, and shall INDEMNIFY, DEFEND AND HOLD
COMPLETELY HARMLESS the Owner, its officers, agents and employees, and the Engineer
against any and all claims, lawsuits, judgments, costs or expenses for personal injury (including
death), property damage or other harm for which recovery of damages is sought, suffered by any
person or persons, as the result of the use, handling or storage of the explosives by the Contractor
or any Subcontractor, REGARDLESS OF WHETHER SAID USE, HANDLING OR STORAGE
WAS NEGLIGENT OR NOT, AND REGARDLESS OF WHETHER THE DAMAGE OR
INJURY WAS CONTRIBUTED TO IN ANY WAY BY THE NEGLIGENCE OR FAULT OF
THE OWNER, ITS OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES, OR
THE ENGINEER AND ITS OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES.
In the event of conflict with any other indemnity paragraph in this Contract, this paragraph
controls. This indemnity paragraph is intended solely for the benefit of the parties to this
Contract and is not intended to create or grant any rights, contractual or otherwise, to or for any
other person or entity. The Contractor shall furnish the Owner and the Engineer with evidence of
insurance sufficient to cover possible damage or injury, which insurance shall either include the
39
Owner and the Engineer as additional insureds or be sufficiently broad in coverage as to fully
protect the Owner and the Engineer.
(e) The Contractor shall promptly remedy damage and loss (other than damage or loss insured under
property insurance required by the Contract Documents) to property referred to in Clauses
10.2(a)(2) and 10.2(a)(3) caused in whole or in part by the Contractor, a Subcontractor, or
anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be
liable and for which the Contractor is responsible under Clauses 10.2(a)(2) and 10.2(a)(3), except
damage or loss attributable to acts or omissions of the Owner or Engineer or anyone directly or
indirectly employed by either of them, or by anyone for whose acts either of them may be liable,
and not attributable to the fault or negligence of the Contractor or any of its Subcontractors. The
foregoing obligations of the Contractor are in addition to the Contractor's obligations under
Paragraph 3.19. To the extent that any such damage or loss may be covered by property insurance
or other insurance required by the Contract Documents, the Owner and the Contractor shall
exercise their best efforts to make a claim and obtain recovery from the insurers to provide for
the cost, in whole or in part, of the repair work or to provide for reimbursement for such damage
or loss.
(� The Contractor shall designate a responsible member of the Contractor's organization at the site
whose duty shall be the prevention of accidents. This person shall be the Contractor's
, superintendent unless otherwise designated by the Contractor in writing to the Owner and
Engineer.
(g) The Contractor shall not load or permit any part of the Work or the Project site to be loaded so as
to endanger its safety.
10.3 EMERGENCIES
In an emergency affecting safety, health, or security of persons or property, the Contractor shall
act, at the Contractor's discretion, to prevent threatened damage, injury, or loss. Additional
compensation or extension of time claimed by the Contractor on account of an emergency shall be
determined as provided in Paragraph 4.3 and Article 7.
10.4 PUBLIC CONVENIENCE AND SAFETY
(a) The Contractor shall place materials stored about the Work and shall conduct the Work at all
times in a manner that causes no greater obstruction to the public than is considered necessary
by the Owner. Sidewalks or streets shall not be obstructed, except by special permission of the
Owner. The materials excavated and the construction materials or plant used in the
performance of the Work shall be placed in a manner that does not endanger the Work or
prevent free access to all fire hydrants, water mains and appurtenances, water valves, gas
valves, manholes for the telephone, telegraph signal or electric conduits, wastewater mains and
appurtenances, and fire alarm or police call boxes in the vicinity.
(b) The Owner reserves the right to remedy any neglect on the part of the Contractor in regard to
public convenience and safety which may come to the Owner's attention, after twenty-four (24)
hours notice in writing to the Contractor. In case of an emergency, the Owner shall have the
right to immediately remedy any neglect without notice. In either case, the cost of any work
done by the Owner to remedy the Contractor's neglect shall be deducted from the Contract
Sum. The Contractor shall notify the City Traffic Contro) Department when any street is to be
closed or obstructed. The notice shall, in the case of major thoroughfares or street upon which
transit lines operate, be forty-eight (48) hours in advance. The Owner reserves the right to
40
postpone or prohibit any closure or obstruction of -any streets or thoroughfares to the extent
necessary for the safety and benefit of the traveling public. The Contractor shall, when directed
by the Engineer or the Owner, keep any street or streets in condition for unobstructed use by
City departments. When the Contractor is required to construct temporary bridges or make
other arrangements for crossing over ditches or around structures, the Contractor's
responsibility for accidents shall include the roadway approaches as well as the crossing
structures.
10.5 BARRICADES, LIGHTS AND WATCHMEN
If the Work is carried on or adjacent to any street, alley or public place, the Contractor shall, at the
Contractor's own cost and expense, furnish, erect and maintain sufficient barricades, fences, lights
and danger signals, shall provide suff cient watchmen, and shall take such other precautionary
measures as are necessary for the protection of persons or property and of the Work. All barricades
shall be painted in a color that will be visible at night, shall indicate in bold letters thereon the
Contractor's name and shall be illuminated by lights from sunset to sunrise. The term "lights," as
used in this Paragraph, shall mean flares, flashers, or other illuminated devices. A sufficient
number of barricades with adequate markings and directional devices shall also be erected to keep
vehicles from being driven on or into any Work under construction. The Contractor will be held
responsible for all damage to the Work due to failure of barricades, signs, lights and watchmen to
protect the Work. Whenever evidence is found of such damage, the Engineer may order the
damaged portion immediately removed and replaced by the Contractor at Contractor's cost and
expense. The Contractor's responsibility for maintenance of barricades, signs, and lights, and for
providing watchmen, shall not cease until the Project has been finally accepted by the Owner.
10.6 PUBLIC UTILITIES AND OTHER PROPERTIES TO BE CHANGED
In case it is necessary to change or move the property of the Owner or of any telecommunications
or public utility, such property shall not be removed or interfered with until ordered to do so by the
Engineer. The right is reserved to the owner of any public or private utilities to enter upon the
Project site for the purpose of making such changes or repairs of their property that may become
necessary during the performance of the Work. The Owner reserves the right of entry upon the
Project site for any purpose, including repairing or relaying sewer and water lines and
appurtenances, repairing structures, and for making other repairs, changes, or extensions to any of
the Owner's property. The Owner's actions shall conform to the Contractor's current and approved
schedule for the performance of the Work, provided that proper notification of schedule
requirements has been given to the Owner by the Contractor.
10.7 ARRANGEMENT AND CHARGE FOR WATER FURNISHED BY THE OWNER;
ELECTRICITY FOR THE PROJECT
(a) Traffic Department will supply contractor with Electricity through coordination with DME.
10.8 USE OF FIRE HYDRANTS
The Contractor, Subcontractors, and any other person working on the Project shall not open, turn
off, interfere with, attach any pipe or hose to, or connect anything with any fire hydrant, stop
valve, or stop cock, or tap any water main belonging to the Owner, unless duly authorized to do so
by the Denton Water Utilities Department in accordance with the Denton City Code.
10.9 ENVIRONMENTAL COMPLIANCE
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(a) The Contractor and its Subcontractors are deemed to have made themselves familiar with and
at all times shall comply with all applicable federal, state or local laws, rules, regulations,
ordinances, and rules of common law now in effect (including any amendments now in
effect), relating to the environment, Hazardous Substances or exposure to Hazardous
Substances, including but not limited to the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 U.S.C.A. §§ 9601, et seq.; the Hazardous
Materials Transportation Act, 49 U.S.C.A. §§ 1801, et seq.; the Resource Conservation and
Recovery Act of 1976, 42 U.S.C.A. §§ 6901, et seq.; the Federal Water Pollution Control
Act, 33 U.S.C.A §§ 1201, et seq.; the Toxic Substances Control Act, 15 U.S.C.A. §§ 2601, et
seq.; the Clean Air Act, 42 U.S.C.A. §§ 7401, et seq.; the Safe Drinking Water Act, 42
U.S.C.A. §§ 3808, et seq., and any current judicial or administrative interpretation of these
laws, rules, regulations, ordinances, or rules of common law, including but not limited to any
judicial or administrative order, consent decree, or judgment affecting the Project.
(b) In the event the Contractor encounters on the site materials reasonably believed to be a
Hazardous Substance that have not been rendered harmless, and removal of such materials is
not a part of the scope of Work required under the Contract Documents, the Contractor shall
immediately stop Work in the affected area and report in writing the facts of such encounter
to the Engineer and the Owner. Work in the affected area shall not thereafter be resumed
except by written order of the Owner unless and until the material is determined not to be a
Hazardous Substance or the Hazardous Substance is remediated. The Owner may choose to
remediate the Hazardous Substance with a separate contractor or through a Change Order
with the Contractor. If the Owner determines that the Hazardous Substance exists in the
affected area due to the fault or negligence of the Contractor or any of its Subcontractors, the
Contractor shall be responsible for remediating the condition at the sole expense of the
Contractor in accordance with the Contractor's APPROVED Spill Remediation Plan. An
extension of the Contract Time for any delay in the progress schedule caused as a result of
the discovery and remediation of a Hazardous Substance may be granted by the Owner only
if all remaining Work on the Project must be suspended and the delay cannot be made up
elsewhere in the progress schedule. Any request for an extension of the Contract Time
related to the discovery and remediation of a Hazardous Substance is subject to the
provisions of Paragraph 4.3 and Article 8.
(c) The Contractor shall be responsible for identification, abatement, cleanup, control, removal,
remediation, and disposal of any Hazardous Substance brought into or upon the site by the
Contractor or any Subcontractor or Supplier. The Contractor shall obtain any and all permits
necessary for the legal and proper handling, transportation, and disposal of the Hazardous
Substance and shall, prior to undertaking any abatement, cleanup, control, removal,
remediation, and disposal, notify the Owner and the Engineer so that they may observe the
activities; provided, however, that it shall be the Contractor's sole responsibility to comply
with all applicable laws, rules, regulations, or ordinances governing the activities.
(d) The Contractor shall deposit surplus or waste excavation or other materials removed as part
of the Work at a legal disposal site in accordance with all applicable state, federal, and local
laws, rules, regulations, and ordinances. The Contractor shall submit to the Owner for review
and approval all planned disposal sites or proposed uses for the surplus or waste excavation
or other materials prior to removal of any excavation or other material from the Project site.
A copy of all transport manifests for surplus or waste excavation or other materials shall be
obtained and retained in the Contractor's records for reference purposes, to be provided upon
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request to the Engineer, the Owner, or any governmental regulatory agency with jurisdiction
over the matter.
(e) The Contractor shall not install any materials in the performance of the Work that contain
asbestos or asbestos-related material such as hydrated mineral silicate, including chrysolite,
amosite, crocidolite, tremolite, anthophylite or actinolite, whether friable or non-friable.
(� The Owner reserves the right in its sole option to exercise the following remedies (without
waiving the right to pursue the imposition of any civil or criminal fines or penalties that may
be imposed under state, federal, or local laws or ordinances), at no additional cost to the
Owner and without an extension of the Contract Time, in the event the Contractor fails or
refuses after seven (7) days advance written notice from the Owner to comply with the
provisions of this Paragraph 10.10, the terms of the SPRP, the terms of the Clean Air
Management Plan, any storm water permit or other environmental permit issued in
connection with the Work, or any applicable environmental law, rule, regulation, or
ordinance:
(1) suspend all or any portion of the Work until the noncompliance is corrected, or until a
detailed plan to achieve compliance within a reasonably prompt period of time is
prepared by the Contractor and approved by the Owner;
(2) if the Contractor fails to properly address the noncompliance within the time stipulated
by the Owner, perform the necessary remediation or correction work and backcharge the
Contractor for the cost of the remediation or correction; or
(3) terminate the Contract for cause as provided in Article 13.
ARTICLE 11 INSURANCE AND BONDS
11.1 CONTRACTOR'S INSURANCE
Contractors shall refer to Attachment A for all City of Denton insurance reyuirements.
11.2 PROPERTY INSURANCE
Contractors shall refer to Attachment A for all City of Denton insurance requirements.
11.3 `UMBRELLA' LIABILITY INSURANCE
Contractors shall refer to Attachment A for all City of Denton insurance requirements.
11.4 POLICY ENDORSEMENTS AND SPECIAL CONDITIONS
Contractors shall refer to Attachment A for all City of Denton insurance requirements.
11.6 PERFORMANCE AND PAYMENT BONDS
(a) Subject to the provisions of Subparagraph 11.3(b), the Contractor shall, with the execution and
delivery of the Construction Services Agreement, furnish and file with the Owner in the amounts
required in this Paragraph, the surety bonds described in Clauses (a)(1) and (a)(2) below, which
surety bonds shall be in accordance with the Charter of the City of Denton and the provisions of
Chapter 2253, Texas Government Code, as amended; each bond shall be signed by the
Contractor, as Principal, and by an established bonding company, as surety, meeting the
requirements of Subparagraph 11.3(c) and approved by the Owner. The surety bonds shall be
43
accompanied by an appropriate Power-of-Attorney clearly establishing the extent and limitations
of the authority of each signer to so sign:
(1) Performance Bond. A good and sufficient bond in an amount equal to 100% of the total
Contract Sum, guaranteeing the full and faithful execution of the Work and performance of
the Contract in accordance with Plans, Specifications and all other Contract Documents,
including any Amendments thereof, for the protection of the Owner. This bond shall also
provide for the repair and maintenance of all defects due to faulty materials and
workmanship that appear within a period of two (2) year from the date of final completion
and acceptance of the improvements by the Owner or lesser or longer periods as may be
otherwise designated in the Contract Documents.
(2) Payment Bond. A good and sufficient bond in an amount equal to 100% of the total Contract
Sum, guaranteeing the full and prompt payment of all claimants supplying labor or materials
in the prosecution of the Work provided for in the Contract Documents and any Amendments
thereto, and for the use and protection of each claimant.
(b) If the Contract Sum, including Owner-accepted alternates and allowances, if any, is greater than
$ l 00,000, Performance in 100% of the Contract Sum are mandatory and shall be provided by the
Contractor. If the Contract Sum is greater than $50,000 but less than or equal to $100,000, only a
Payment Bond in 100% of the Contract amount is mandatory; provided, however, that the
Contractor may elect to furnish a Performance Bond in the same amount if the Contractor so
chooses. If the Contract Sum is less than or equal to $25,000, the Contractor may elect not to
provide Performance and Payment Bonds; provided that in such event, no money will be paid to
the Contractor until final completion and acceptance of all work by Owner. If the Contractor
elects to provide Performance and Payment Bonds 100% of the total Contract Sum, progress
payments in accordance with these General Conditions shall be disbursed.
(c) No surety will be accepted by the Owner who is now in default or delinquent on any bonds or
who is a party to any litigation against the Owner. All bonds shall be made and executed on the
Owner's standard forms, shall be approved by the Owner, and shall be executed by not less than
one corporate surety that is authorized and admitted to do business in the State of Texas, is
licensed by the State of Texas to issue surety bonds, is listed in the most current United States
Department of the Treasury List of Acceptable Sureties, and is otherwise acceptable to the
Owner. Each bond shall be executed by the Contractor and the surety, and shall specify that legal
venue for enforcement of each bond shall lie exclusively in Denton County, Texas. Each surety
shall designate an agent resident in Denton County, Texas to whom any requisite statutory
notices may be delivered and on whom service of process may be had in matters arising out of
the suretyship.
(d) The person or persons, partnership, company, frm, Limited Liability Company, association,
corporation, or other business entity to whom the Contract is awarded shall, within ten (10) days
after such award, sign the required Contract with the Owner and provide the necessary surety
bonds and evidence of insurance as required under the Contract Documents. No Contract shall be
binding on the Owner until it has been approved as to form by the City Attorney, executed for
the Owner by the City Manager, the performance and payment bonds and evidence of insurance
have been furnished as required by the Contract Documents, and the fully executed contract has
been delivered to the Contractor.
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(e) The failure of the Contractor to execute the Contract or deliver the required statutory bonds and
evidence of insurance within ten (10) days after the Contract is awarded or as soon thereafter as
the Owner can assemble and deliver the Contract shall constitute a material breach of the
Contractor's bid proposal and the Owner may rescind the Contract award and collect or retain
the proceeds of the bid security. By reason of the uncertainty of the market prices or materials
and labor, and it being impracticable and difficult to determine accurately the amount of
damages occurring to the Owner by reason of the Contractor's failure to execute and furnish the
statutory bonds and to sign the Contract within ten (10) days, the fling of a bid proposal with the
accompanying bid security will be considered as an acceptance of this Subparagraph 11.3(e). In
the event the Owner should re-advertise for bids, the defaulting Contractor shall not be eligible to
bid, and the lowest responsible bid obtained in the re-advertisement shall be the bid referred to in
this Paragraph.
ARTICLE 12 DEFECTIVE AND NONCONFORMING WORK
12.1 UNCOVERING OF WORK
(a) If a portion of the Work is covered contrary to the Engineer's request or to requirements
specifically expressed in the Contract Documents, the Work must, if required in writing by the
Engineer, be uncovered for the Engineer's observation and be replaced at the Contractor's
expense without change in the Contract Time.
(b) If a portion of the Work has been covered which the Engineer has not specifically requested to
observe prior to it being covered, the Engineer may request to see such Work and it shall be
uncovered by the Contractor. If such Work is in accordance with the Contract Documents,
costs of uncovering and replacement shall, by appropriate Change Order, be charged to the
Owner. If any Work is not in accordance with the Contract Documents, the Contractor shall
pay the costs of uncovering, repair, replacement unless the condition was caused by the Owner
or a separate contractor in which event the Owner shall be responsible for payment of such
costs.
12.2 CORRECTION OF WORK
(a) The Contractor shall promptly correct Work rejected by the Engineer as failing to conform to
the requirements of the Contract Documents, whether observed before or after Substantial
Completion and whether or not fabricated, installed or completed. The Contractor shall bear
costs of correcting such rejected Work, including additional testing and inspections and
compensation for the Engineer's services and expenses made necessary thereby.
(b) If any of the Work is found to be defective or nonconforming with the requirements of the
Contract Documents, the Contractor shall correct it promptly after receipt of written notice
from the Engineer or the Owner to do so unless the Owner has previously given the Contractor
a written acceptance or waiver of the defect or nonconformity. The Contractor's obligation to
correct defective or nonconforming Work remains in effect for:
(1) one year after the date of Substantial Completion of-the Work or designated portion of the
Work;
(2) one year after the date for commencement of warranties established by agreement in
connection with partial occupancy under Subparagraph 9.8(a); or
45
(3) the stipulated duration of any applicable special warranty required by the Contract
Documents.
(c) The one-year period described in Clauses (b)(1) and (b)(2) shall be extended with respect to
portions of the Work performed, repaired, or corrected after Substantial Completion by the
period of time between Substantial Completion and the actual completion of the Work.
(d) The obligations of the Contractor under this Paragraph 12.2 shall survive final acceptance of
the Work and termination of this Contract. The Owner shall give notice to the Contractor
promptly after discovery of a defective or nonconforming condition in the Work. The one-year
period stated in Clauses (b)(1) and (b)(2) does not limit the ability of the Owner to require the
Contractor to correct latent defects or nonconformities in the Work, which defects or
nonconformities could not have been discovered through reasonable diligence by the Owner or
the Engineer at the time the Work was performed or at the time of inspection for certification
of Substantial Completion or Final Completion. The one year period also does not relieve the
Contractor from liability for any defects or deficiencies in the Work that may be discovered
after the expiration of the one year correction period.
(e) The Contractor shall remove from the Project site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
(fl If the Contractor fails to correct defective or nonconforming Work within a reasonable time
after notice from the Owner or the Engineer, the Owner may correct it in accordance with
Paragraph 2.4. If the Contractor does not proceed with correction of defective or
nonconforming Work within a reasonable time fixed by written notice from the Engineer, the
Owner may remove or replace the defective or nonconforming Work and store the salvageable
materials or equipment at the Contractor's expense. If the Contractor does not pay costs of
removal and storage within ten days after written notice, the Owner may, upon ten (10)
additional days written notice, sell the materials and equipment at auction or at private sale and
shall account for the proceeds after deducting costs and damages that should have been borne
by the Contractor, including compensation for the Engineer's services and expenses made
necessary as a result of the sale. If the proceeds of sale do not cover costs which the Contractor
should have borne, the Contract Sum shall be reduced by the deficiency. If payments due to the
Contractor then or thereafter are not sufficient to cover the deficiency, the Contractor shall pay
the difference to the Owner.
(g) The Contractor shall bear the cost of correcting destroyed or damaged construction of the
Owner or separate contractors, whether the construction is completed or partially completed,
that is caused by the Contractor's correction or removal of Work which is not in accordance
with the requirements of the Contract Documents.
(h) Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation
with respect to other obligations which the Contractor might have under the Contract
Documents. Establishment of the one-year time period as described in Subparagraph 12.2(b)
relates only to the specific obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with the Contract Documents
may be sought to be enforced, nor to the time within which proceedings may be commenced to
establish the Contractor's liability with respect to the Contractor's obligations other than
specifically to correct the Work.
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(i) Any Work repaired or replaced pursuant to this Article 12 shall be subject to the provisions of
Article 12 to the same extent as Work originally performed or installed.
12.3 ACCEPTANCE OF NONCONFORMING WORK
The Owner may, in the Owner's sole discretion, accept Work which is not in accordance with the
requirements of the Contract Documents instead of requiring its removal and correction, in which
case the Contract Sum will be reduced as appropriate and equitable. The adjustment will be
accomplished whether or not final payment has been made.
ARTICLE 13 COMPLETION OF THE CONTRACT; TERMINATION; TEMPORARY
SUSPENSION
13.1 FINAL COMPLETION OF CONTRACT
The Contract will be considered completed, except as provided in any warranty or maintenance
stipulations, bond, or by law, when all the Work has been finally completed, the final inspection is
made by the Engineer, and final acceptance and final payment is made by the Owner.
13.2 WARRANTY FULFILLMENT
Prior to the expiration of the specified warranty period provided for in the Contract Documents, the
Engineer will make a detailed inspection of the Work and will advise the Contractor and the
Contractor's Surety of the items that require correction. The Engineer will make a subsequent
inspection and if the corrections have been properly performed, the Engineer will issue a letter of
release on the maintenance stipulations to the Contractor and the Surety. If for any reason the
Contractor has not made the required corrections before the expiration of the warranty period, the
warranty provisions as provided for in the Contract Documents shall remain in effect until the
corrections have been properly performed and a letter of release issued.
13.3 TERMINATION BY THE OWNER FOR CAUSE
(a) Notwithstanding any other provision of these General Conditions, the Work or any portion of
the Work may be terminated immediately by the Owner for any good cause after giving seven
(7) days advance written notice and opportunity to cure to the Contractor, including but not
limited to the following causes:
(1) Failure or refusal of the Contractor to start the Work within ten (10) days after the date of
written notice by the Owner to commence the Work.
(2) A reasonable belief that the progress of the Work being made by the Contractor is
insufficient to complete the Work within the specified time.
(3) Failure or refusal of the Contractor to provide sufficient and proper equipment or
construction forces to properly execute the Work in a timely manner.
(4) A reasonable belief that the Contractor has abandoned the Work.
(5) A reasonable belief that the Contractor has become insolvent, bankrupt, or otherwise
financially unable to carry on the Work.
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(6) Failure or refusal on the part of the Contractor to observe any requirements of the Contract
Documents or to comply with any written orders given by the Engineer or the Owner as
provided for in the Contract Documents.
(7) Failure or refusal of the Contractor to promptly make good any defects in materials or
workmanship, or any defects of any nature, the correction of which has been directed in
writing by the Engineer.
(8) A reasonable belief by the Owner that collusion exists or has occurred for the purpose of
illegally procuring the Contract or a Subcontractor, or that a fraud is being perpetrated on
the Owner in connection with the construction of Work under the Contract.
(9) Repeated and flagrant violation of safe working procedures.
(10) The filing by the Contractor of litigation against the Owner prior to completion of the
Work.
(b) When the Work or any portion of the Work is terminated for any of the causes itemized above
or for any other cause except termination for convenience pursuant to Subparagraph 13.3(e),
the Contractor shall, as of the date specified by the Owner, discontinue the Work or portion of
the Work as the Owner shall designate, whereupon the surety shall, within fifteen (15) days
after the written notice of termination for cause has been served upon the Contractor and the
surety or its authorized agents, assume the obligations of the Contractor for the Work or that
portion of the Work which the Owner has ordered the Contractor to discontinue and may:
(1) perform the Work with forces employed by the surety;
(2) with the written consent of the Owner, tender a replacement contractor to take over and
perform the Work, in which event the surety shall be responsible for and pay the amount
of any costs required to be incurred for the completion of the Work that are in excess of
the amount of funds remaining under the Contract as of the time of the termination; or
(3) with the written consent of the Owner, tender and pay to the Owner in settlement the
amount of money necessary to finish the balance of uncompleted Work under the
Contract, correct existing defective or nonconforming Work, and compensate the Owner
for any other loss sustained as a result of Contractor's default.
In the event of termination for cause involving Clause (b)(1) or (b)(2), the Surety shall
assume the Contractor's place in all respects, and the amount of funds remaining unpaid
under the Contract shall be paid by the Owner for all Work performed by the surety or the
replacement contractor in accordance with the terms of the Contract Documents, subject to
any rights of the Owner to deduct any costs, damages, or liquidated or actual damages that
the Owner may have incurred, including but not limited to additional fees and expenses of
the Engineer and attorneys fees, as a result of such termination.
(c) The balance of the Contract Sum remaining at the time of the Contractor's default and of the
termination shall become due and payable to the surety as the Work progresses, subject to all
of the terms, covenants, and conditions of the Contract Documents. If the surety does not,
within the time specified in Subparagraph 13.3(b), exercise its obligation to assume the
obligations of the Contract, or that portion of the Contract which the Owner has ordered the
48
Contractor to discontinue, then the Owner shall have the power to complete the Work by
contract or otherwise, as it may deem necessary. The Contractor agrees that the Owner shall
have the right to take possession of or use any or all of the materials, plant, tools, eyuipment,
supplies, and property of every kind provided by the Contractor for the purpose of the Work,
and to procure other tools, equipment, labor, and materials for the completion of the Work,
and to charge to the account of the Contractor the expenses of completion and labor,
materials, tools, equipment, and incidental expenses. The expenses incurred by the Owner to
complete the Work shall be deducted by the Owner out of the balance of the Contract Sum
remaining unpaid to or unearned by the Contractor. The Contractor and the surety shall be
liable to the Owner for any costs incurred in excess of the balance of the Contract Sum for the
completion and correction of the Work, and for any other costs, damages, expenses (including
but not limited to additional fees of the Engineer and attorney's fees), and liquidated or actual
damages incurred as a result of the termination,
(d) The Owner shall not be required to obtain the lowest bid for the Work of completing the
Contract as described in Subparagraph 13.3(c), but the expenses to be deducted from the
Contract Sum shall be the actual cost of such Work. In case the Owner's expense is less than
the sum which would have been payable under the Contract, if the same had been completed
by the Contractor, then the Owner may pay to the Contractor (or the Surety, in the event of a
complete termination for cause) the difference in the cost, provided that the Contractor (or the
Surety) shall not be entitled to any claim for damages or for loss of anticipated profits. In case
such expenses for completion shall exceed the amount which would have been payable under
the Contract if the same had been completed by the Contractor, then the Contractor and his
Sureties shall pay the amount of the excess to the Owner on notice from the Owner for excess
due. When only a particular part of the Work is being carried on by the Owner by contract or
otherwise under the provisions of this Subparagraph, the Contractor shall continue the
remainder of the Work in conformity with the terms of the Contract, and in such manner as
not to hinder or interfere with the performance of workmen employed and provided by the
Owner.
(e) The right to terminate this Contract for the convenience of the Owner (including but not
limited to nonappropriation of funding) is expressly retained by the Owner. In the event of
termination for convenience, the Owner shall deliver at least ten (10) days advance written
notice of termination for convenience to the Contractor. Upon the Contractor's receipt of such
written notice, the Contractor shall cease the performance of the Work and shall take
reasonable and appropriate action to secure and protect the Work in place. The Contractor
shall then be reimbursed by the Owner in accordance with the terms and provisions of the
Contract Documents, not to exceed actual labor costs incurred, materials stored at the Project
site or away from the Project site as approved by the Owner but not yet paid for, plus actual,
reasonable, and documented termination charges, if any, paid by the Contractor in connection
with the Work in place which is completed and in conformance with the Contract Documents
to the date of termination for convenience. No amount shall ever be due to the Contractor for
lost or anticipated profits.
13.4 TEMPORARY SUSPENSION OF THE WORK
(a) The Work or any portion of the Work may be temporarily suspended by the Owner
immediately upon written notice to the Contractor for any reason, including but not limited to:
(1) the causes described in Clauses 13.1(a)(1) through (a)(10) above;
49
(2) where other provisions in the Contract Documents require or permit temporary suspension
of the Work;
(3) situations where the Work is threatened by, contributes to, or causes an immediate threat
to public health, safety, or security; or
(4) other unforeseen conditions or circumstances.
(b) The Contractor shall immediately resume the temporarily suspended Work when ordered in
writing by the Owner to do so. The Owner shall not under any circumstances be liable for any
claim of the Contractor arising from a temporary suspension due to a cause described in
Clause (a)(1) above; provided, however, that in the case of a temporary suspension for any of
the reasons described under Clauses (a)(2) through (a)(4), where the Contractor is not a
contributing cause of the suspension under one of those Clauses or where the provision of the
Contract Documents in question specifically provides that the suspension is at no cost to the
Owner, the Owner will make an equitable adjustment for the following items, provided that a
claim is properly made by the Contractor under Subparagraph 4.3 of these General
Conditions:
(1) an equitable extension of the Contract Time, not to exceed the actual delay caused by the
temporary suspension as determined by the Engineer and the Owner;
(2) an equitable adjustment to the Contract Sum for the actual, necessary, and reasonable
costs of properly protecting any Work that is finished or partially finished during the
period of the temporary suspension (no profit and overhead shall be allowed on top of
these costs); and
(3) if it becomes necessary to move equipment from the Project site and then return it to the
Project site when the Work is ordered to be resumed, an equitable adjustment to the
Contract Sum for the actual, necessary, and reasonable cost of these moves; provided,
however, that no adjustment shall be due if the equipment is moved to another Project
site of the Owner.
ARTICLE 14 MISCELLANEOUS PROVISIONS
14.1 GOVERNING LAW; COMPLIANCE WITH LAWS AND REGULATIONS
(a) This Contract shall be governed by the laws and case decisions of the State of Texas, without
regard to conflict of law or choice of law principles of Texas or of any other state.
(b) This Contract is entered into subject to and controlled by the Charter and ordinances of the
City of Denton and all applicable laws, rules, and regulations of the State of Texas and the
Government of the United States of America. The Contractor shall, during the performance of
the Work, comply with all applicable City codes and ordinances, as amended, and all
applicable State and Federal laws, rules and regulations, as amended.
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14.2 SUCCESSORS AND ASSIGNS
The Owner and the Contractor respectively bind themselves, their partners, successors, assigns, and
legal representatives to the promises, covenants, terms, conditions, and obligations contained in the
Contract Documents. The Contractor shall not assign, transfer, or convey its interest or rights in the
Contract, in part or as a whole, without written consent of the Owner. If the Contractor attempts to
make an assignment, transfer, or conveyance without the Owner's written consent, the Contractor
shall nevertheless remain legally responsible for all obligations under the Contract Documents. The
Owner shall not assign any portion of the Contract Sum due or to become due under this Contract
without the written consent of the Contractor, except where assignment is compelled or allowed by
court order, the terms of the Contract Documents, or other operation of law.
14.3 WRITTEN NOTICE
Except as otherwise provided in Article 16, any notice, payment, statement, or demand required or
permitted to be given under this Contract by either party to the other may be effected by personal
delivery in writing or by mail, postage prepaid to the Project Manager or Superintendent of either
party, or to an officer, partner, or other designated representative of either party. Mailed notices
shall be addressed to the parties at an address designated by each party, but each party may change
its address by written notice in accordance with this section. Mailed notices shall be deemed
communicated as of three (3) days after mailing.
14.4 RIGHTS AND REMEDIES; NO WAIVER OF RIGHTS BY OWNER
(a) The duties and obligations imposed on the Contractor by the Contract Documents and the rights
and remedies available to the Owner under the Contract Documents shall be in addition to, and not
a limitation of, any duties, obligations, rights, and remedies otherwise imposed or made available
by law.
(b) No action or failure to act by the Owner shall constitute a waiver of a right afforded the Owner
under the Contract Documents, nor shall any action or failure to act by the Owner constitute
approval of or acquiescence in a breach of the Contract by Contractor, except as may be specifcally
agreed in writing by Change Order or Supplemental Agreement.
14.5 INTEREST
The Owner shall not be liable for interest on any progress or final payment to be made under the
Contract Documents, except as may be provided by the applicable provisions of the Prompt
Payment Act, Chapter 2251, Texas Government Code, as amended, subject to Paragraph 9.6(a) of
these General Conditions.
14.6 OFFICERS OR EMPLOYEES OF THE OWNER NOT TO HAVE FINANCIAL INTEREST
IN ANY CONTRACT OF THE OWNER
No officer or employee of the Owner shall have a financial interest, direct or indirect, in any
Contract with the Owner, or be fnancially interested, directly or indirectly, in the sale to the Owner
of any land, materials, supplies or services, except on behalf of the Owner as an officer or
employee. Any violation of this article shall constitute malfeasance in office, and any officer or
employee of Owner guilty thereof shall thereby forfeit his office or position. Any violation of this
section, with the knowledge, express or implied, of the person, persons, partnership, company, firm,
association or corporation contracting with the Owner shall render the Contract involved voidable
by the Owner's City Manager or City Council.
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14.7 VENUE
This Contract is deemed to be performed in Denton County, Texas, and if legal action is necessary
to enforce this Contract, exclusive venue shall lie in Denton County, Texas.
14.8 INDEPENDENT CONTRACTOR
In performing the Work under this Contract, the relationship between the Owner and the Contractor
is that of an independent contractor. The Contractor shall exercise independent judgment in
performing the Work and is solely responsible for setting working hours, scheduling or prioritizing
the Work flow and determining the means and methods of performing the Work, subject only to the
requirements of the Contract Documents. No term or provision of this Contract shall be construed
as making the Contractor an agent, servant, or employee of the Owner, or making the Contractor or
any of the Contractor's employees, agents, or servants eligible for the fringe benefits, such as
retirement, insurance and worker's compensation, which the Owner provides to its employees.
14.9 NONDISCRIMINATION
As a condition of this Contract, the Contractor covenants that he will take all necessary actions to
insure that, in connection with any work under this Contract, the Contractor and its Subcontractors
will not discriminate in the treatment or employment of any individual or groups of individuals on
the grounds of race, color, religion, national origin, age, sex, or handicap unrelated to job
performance, either directly, indirectly or through contractual or other arrangements. The
Contractor shall also comply with all applicable requirements of the Americans with Disabilities
Act, 42 U.S.C.A. §§12101-12213, as amended. In this regard, the Contractor shall keep, retain and
safeguard all records relating to his Contract or Work performed thereunder for a minimum period
of three (3) years from final Contract completion, with full access allowed to authorized
representatives of the Owner, upon request, for purposes of evaluating compliance with this and
other provisions of the Contract.
14.10 GIFTS TO PUBLIC SERVANTS
(a) The Owner may terminate this Contract immediately if the Contractor has offered, conferred,
or agreed to confer any benefit on a City of Denton employee or official that the City of
Denton employee or official is prohibited by law from accepting.
(b) For purposes of this Article, "benefit" means anything reasonably regarded as pecuniary gain
or pecuniary advantage, including benefit to any other person in whose welfare the
beneficiary has a direct or substantial interest, but does not include a contribution or
expenditure made and reported in accordance with law.
(c) Notwithstanding any other legal remedies, the Owner may require the Contractor to remove
any employee of the Contractor from the Project who has violated the restrictions of this
Article or any similar State or Federal law, and obtain reimbursement for any expenditures
made to the Contractor as a result of the improper offer, agreement to confer, or conferring of
a benefit to a City of Denton employee or official.
ARTICLE 15 RIGHT TO AUDIT CONTRACTOR'S RECORDS
By execution of the Building Construction Services �Agreement, the Contractor grants the Owner the
right to audit, at the Owner's election, all of the Contractor's records and billings relating to the
performance of the Work under the Contract Documents. The Contractor agrees to retain its Project
records for a minimum of five (5) years following completion of the Work. The Owner agrees that it
will exercise the right to audit only at reasonable hours. City may review any and all of the services
52
performed by Contractor under this Contract. Any payment, settlement, satisfaction, or release made or
provided during the course of performance of this Contract shall be subject to City's rights as may be
disclosed by an audit under this section.
ARTICLE 16 NOTICE OF CONTRACT CLAIM
This Contract is subject to the provisions of the Denton City Code, as amended, relating to requirements
for filing a notice of a breach of contract claim against City. Contractor shall comply with the
requirements of this ordinance as a precondition of any litigation relating to this Contract, in addition to
all other requirements in this Contract related to claims and notice of claims.
�,ttt�t�l�� ���a��f�i�.i �t�°i�+� bcf�►wc�r� tl�c� �'�Cl FiT`�' sic��u��r��st su � lic�° te��na�< ��° +����tr�t�t• t�t� ic,z•r��s �ri€�
conditions set forth in the negotiated contract shall prevail.
53
EXIIIU�I 66/"�99
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Respondent's attention is directed to the insurance requirements below. It is highly recommended that
respondents confer with their respective insurance carriers or brokers to determine in advance of Proposal/Bid
submission the availabiliry of insurance certificates and endorsements as prescribed and provided herein. If an
apparent low respondent fails to comply strictly with the insurance requirements, that respondent may be
disqualified from award of the contract. Upon contract award, all insurance requirements shall become
contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of
this contract.
STANDARD PROVISIONS:
WithouP limiling any of Phe other obligations or liaBiliPies of the ConPractor, the Contractor shall provide and
mainlain until the conPracted work has been coonplePed and accepPed by Phe City of DenPon, Owner, Phe
minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of contract award, Conlraclor shall file with the Purchasing
Department satisfaceory cerPificates of insurance including any applicable addendum or endorsements,
conPaining the conPrace number and Pitle of the project. Contractor may, upon wriPeen requesP to Phe
Purchasing DeparPment, ask for clarification of any insurance requiremenPs at any li`ne; however, Contraceors
are strongly advised to make such requesls prior Po proposaUbid opening, since the insurance requirements
may noP be modified or waived afier proposaUbid opening unless a wriPten excepPion has 8een suBmiPted with
the proposaUbid. ConlracPor shall noP coonntence any work or deliver any maPerial until he or she receives
noPification PhaP the cortlract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirerrtents shall comply wiPh the
following general specifications, and shall be mainPained in compliance wiPh these general specificaPions
throughouf Phe duraPion of the ConPract, or longer, if so noted:
• 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 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.
a Liability policies shall be endorsed to provide the following:
■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers.
� 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.
• CancellaPion: City requires 30 day written notice should any of the policies described on the certificaPe
be cancelled or malerially changed before the expiraeion date.
54
• Should any of the required insurance be provided under a claims made form, 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 annual
aggregate limit providing for claims investigation or legal defense costs to be included in the general
annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
. Should any required insurance lapse during the contract term, requests for payments originating after such
lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as
required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole
option, terminate this agreement effective on the date of the lapse.
. Concerning the insurance to be furnished by the Contractor, it is a condition precedent to acceptability
that:
�>> All policies must comply with the applicable requirements and special provisions of Attachment
A.
(2) Any policy evidenced by a certificate of insurance or submitted for review shall not be subject to
limitations, conditions or resteictions deemed inconsistent with the intent of the insurance
requirements set forth herein, and the Owner's decision regarding whether any policy contains
such provisions, contrary to this requirement, shall be final.
• The Contractor agrees to the following special provisions:
(1) The Contractor hereby waives subrogation rights for loss or damage to the extent same are
covered by insurance. Insurers shall have no right of recovery or subrogation against the Owner,
it being the intention that the insurance policies shall protect all parties to the Contract and be
primary coverage for all losses covered by the policies. This waiver of subrogation shall be
included, by endorsement or otherwise, as a provision of all policies required under Attachment
A.
(2) Insurance companies issuing the insurance policies and the Contractor shall have no recourse
against the Owner for payment of any premiums or assessments for any deductibles, as all such
premiums and deductibles are the sole responsibility and risk of Contractor.
(3) Approval, disapproval or failure to act by the Owner regarding any insurance supplied by the
Contractor (or any Subcontractors) shall not relieve the Contractor of any responsibility or
liability for damage or accidents as set forth in the Contract Documents. The bankruptcy,
insolvency or denial of liability of or by the Contractor's insurance company shall likewise not
exonerate or relieve the Contractor from liability.
(4) The Owner reserves the right to review the insurance requirements of this Attachment A during
the effective period of this Contract and to modify insurance coverage's and their limits when
deemed necessary and prudent by the Owner's Risk Management Division, based upon economic
conditions, the recommendation of professional insurance advisors, changes in statutory law,
court decisions or other relevant factors. The Contractor agrees to make any reasonable request
for deletion, revision or modification of particular policy terms, conditions, limitations or
exclusions (except where policy provisions are established by law or regulation binding upon
either party to this Contract or upon the underwriter of any such policy provisions). Upon request
by the Owner, the Contractor shall exercise reasonable efforts to accomplish such changes in
policy coverage's and shall pay the cost thereof.
F�7
(5) No special payments shall be made for any insurance policies that the Contractor and
Subcontractors are required to carry; all are included in the stated Contract value.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or oblained in satisfaction of this Contract shall additionally comply with the
following marked specifications, and shall be ►naintained in compliance with these additional specificaPions
throughout the duration 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 Contractor. The policy shall be written on an occurrence basis either
in a single policy or in a combination of underlying and umbrella or excess policies.
If the Commercial General Liability Form (ISO Form CG 0001 current edition) is used:
• Coverage A shall include premises, operations, products, and completed operations,
independent contractors, contractual liability covering this contract and broad form property
damage coverage.
• Coverage B shall include personal injury,
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations, products and
completed operations, independent contractors and property damage resulting from
explosion, collapse or underground (XCU) exposures.
• Broad form contractual liability (preferably by endorsement) covering this contract, personal
injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits
(CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella 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 equipment used in conjunction with this
contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
• any auto, or
• all owned hired and non-owned autos.
[X] Workers' Compensation Insurance
Contractor shall purchase and maintain Workers' Compensation insurance which, in addition to meeting
the minimum statutory requirements for issuance of such insurance, has Employer's Liability 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 [nsured. For building or construction projects, the Contractor
shall comply with the provisions of Attachment ] in accordance with §406.096 of the Texas Labor Code
and rule 28TAC 110.110 of the Texas Workers' Compensation Commission (TWCC).
56
[] 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 may 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
]east $500,000.00 combined bodily injury and property damage per occurrence with a$1,000,000.00
aggregate.
[] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or
if a contractor leases or rents a portion of a City building. Limits of not less than _ each
occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000.000.00 per claim with respect to negligent
acts, errors or omissions in connection with professional services is required under this Agreement.
57
[ ] 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 "Named Insured" the City of Denton and all subcontractors as their
interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the
premises, burglary of the premises, 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.
[ ] AdditionalInsurance
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.
[ ] Umbrella Liability Insurance
Depending on the size of the project, the City may require the Contractor to obtain, pay for, and
maintain umbrella liability insurance during the Contract term, insuring Contractor for an amount
of not less than $3,000,000 per occurrence combined limit for Bodily Injury (including death) and
Property Damage, that follows form and applies in excess of the primary coverage required
hereinabove. The Owner and Engineer shall be named as additional insureds using the broadest
form of endorsement available, with such status extended to include the extension of the
completed operations coverage as described in this Attachment. The policy shall provide "drop
down" coverage where underlying primary insurance coverage limits are insufficient or
exhausted.
58
[X] Workers' Compensation Coverage for Building 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 employees 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 completed and accepted by the
governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform 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 employees of any entity which furnishes
persons to provide services on the project. "Services" include, without limitation, providing,
hauling, or delivering equipment or materials, 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 fling 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 certifcate 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 governmental entity showing that coverage has been
extended.
E. The contractor shall obtain from each person providing services on a project, and provide to
the governmental entity:
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 showing coverage for
all persons providir�g 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.
59
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 governmental entity in writing by certifed mail or personal
delivery, within 10 days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, 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:
l. provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
2. provide to the contractor, prior to that person beginning 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 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;
4. obtain from each other person with whom it contracts, and provide to the contractor:
a. a certificate of coverage, prior to the other person beginning 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 current certificate of coverage
ends during the duration of the project;
5. retain all required certifcates 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 known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
7. Contractually reyuire 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 services.
so
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-Insurance Regulation. Providing false or misleading information may
subject the contractor 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 remedy the breach within ten days after receipt of notice of breach from
the governmental entity.
61
1 It `c "
Bond��3375534
�TAT� i�� 'r'� � §
• .
KNOV�T ALL MEN BY THESE PRE�ENTS: That Durable �pecialties, Inc.�hose
address is2302 Paddock Way Dr Grand Prairie TX* hereinaffer called Principal, and Great
erican Tnsurance Compan-� ,of New Yark corporat�on organized and exisiing under the
laws of the Siaie af r� ,�nd fully autharized to transact business in the Staie of Texas, as
Suret�/, are held and f ly bound unto tne City of Denton, a mLmicipal corparaiion arg 'zed
and existing under the la�xrs af the State af Texas, hereina r cailed Own�r, in the penal sum of
Two Hundred and Fifty Thousand d no/1QQ DdLL 250,Q00.0(�in lavF�fial money of the
United �tates, to be paid in Denton County, Texas, for the paymeni of which sum well and truly
ta be made, we hereby bind aurselves, our heirs, executors, administraiars, successors, and
assigns, jaintly d sev�rally, f y by these presents. This Band sha1l autamatically be
increased by the o t af any Ch ge Order or Supplemental A�°eemeni; wh�ch increases the
Caniract price, but in na e�Tent sha11 a Ch ge Order ar Sup�lemental Agreement, vlhich reduces
the Contract pr�ce, decrease the penal s of this Band.
*7saso
T OBLIGATION TO PAY S rIE is candiiioned as fo1lo�Ts: ereas, the Principal
entered inta a certain Cantract, fdent�iied by Ordin�r��.�. I� �.����-��r ?�? ��-- ��89, with the City af
Denion, the O er, dated the 1 day af April A.D. '{.� I��,` a c-c����� ���` ������� is hereto attached d
made a p hereof, for P# 5442 Construction u� ��`�����'��� t���� z-�c:c��c��.�.
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PROVIDED FURTHER, that if any legal action be frled 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
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 tl�ereunder, or to the Plans, Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Govemment Code, as
arnended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by tl�e Surety herein as tlie 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 i.19-1 af the Insurance Code, Vernon's Annotated
Civil Statutes of the State of Texas.
TN WITNESS WHEREOF, this irt�t����ent is executed in four copies, each one of which shall be deemed
an original, this the I day of April, 2014. ���'�
ATTEST:
� �
BY: ...��.�..�... _...e�. w�� � .�
SECRETARY
ATTEST:
,,
BY � ,� � �����'��`° : �.,
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PRINCIPAL
l���r��si-�1 �; �t��,���.a�s. it�c.
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SURETY
Great American Insurance Ca���any
��.....�. w....__m � ._�,, :
:
�a York
ATTO���+,�-II�r�A�'"�" Jack M Crowley
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is:
NAME: �niith�aa�t AG.G11YAnra ('�rn7�� � Tnr �_ / Rret Tnml in�nn
_.��..�.�.�. � ��. � ��-�.� --_ �... �..,_.
STREET ADDRESS: 124 Old Town Blvd. ,��200, Ar�y�e T�,,,, 7F226 ___ _._... -�� .
(NOTE: Date of Performance Sond must be date of Contract. If Resident Agent is not a corporation, give
a person's name.)
63
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GREAT AMERICAN INSURANCE COMPANY OF NEW YORK �.��`
New York
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than FOUR No. 0� 9950
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, a corporation
organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the
person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of
the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature
thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this
authority shall not �xc��r3 the limit stated below.
P��m� Address Limit of Power
JACK M. CROWLEY �,���� PATRICIA A. SMITH ALL OF ALL
STEVEN R. FOSTER MARIE PERRYMAN ADDISON, $75,000,000.00
TEXAS
This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF, the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed
and attested by its appropriate officers and its corporate seal hereunto affixed this 29TH day of NovEMBER , 2012 ,
Attest
��",�` �`�
fI,/qOx�lAfy�y..
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':w�.= .....�
A.rsi,slan! Secrelaiy
GREAT AMERICAN INSURANCE COMPANY OF NEW YORK
Divisional Senior �ce Presiden!
DAVID C. KITCHIN (877-377-2405)
STATE OF OHIO, COUNTY OF HAMILTON-ss:
On this 29TH day of NOVEMBER , 2012 , before me personally appeared DAVID C. KITCHIN, to me known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond
Division of Great American Insurance Company of New York, the Company described in and which executed the above instrument;
that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed
his name thereto by like authority.
*' �� • KAREN L. GROSHEIM
'�� �`' f� NOTARY PUBLIC, STATE OF OHIO
�*� � MY OOMMI8810N ExPIRES oa-2ai6
£,,F
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great
American Insurance Company of New York by unanimous written consent dated May 14, 2009.
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisional
Assisfant 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 execufe on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations
in the nature thereof,• to prescribe their respective duties and the respective limits of their authority,• and to revoke any such appointment
af any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary orAssistant
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 fhe 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
Company with the same force and effecf as though manually affixed.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company of f���r Yr�r°k, do hereby certify that
the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 14, 2009 I�ravrr r��fi been revoked and are
now in full force and effect.
Signed and sealed this 1 st day of April , 2014 �_'`
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�TA"IE C?F T'E S
GC}�T,rT�' C3F DE?erTQl`�T
Q�J L � Bi' S�, P SE:[�7'�: �`h�t L�urab)e S�ecialties. �SC.;��uhose addr�ss is
� a.�:? T'���3t,1��.��.�.�� �� l..a�,�7e.. {�a7°��u P���-���.� ��� ...... 7505Q, here�aaft�r called Pri��i�aai; az�d
Great �rican Insuranc� Co of <�, a corparatian or�aniz�r� �d ��stixz,� u�d.er �e l�ws af the
Sta.te af Tex�s, d fuily �ui�°Aarized to tr sact b�xsi�ess i.n the State c�f Tex�s, �s S ety, � held �nd
f Iy bc�und unta ihe C'rty af T3�n�ar�; a mur�ic�pai carpordtiaz� or�aniz�d ° d e�stin� u�d�r t1�e ia��s af�
f1�� �tai� af Texa.�; l�ere�rsaEter called O���r, d ta �II per�ons, fir�s, C� C%CiI�)C�S'a.�i0L15 Viiho �ay
'sh ma�erials for, or pez°fr� labc�r upor�, ihe buzldin� c�r ` prc�v��ents �iere�safier referred ta, in ihe
p�xa�l surn �f T'�c� :E�undred and F'ifty T��us• d d�0/l00 L�(�LL. S(�250,U00.00} ziz ia 1 maney of�
�h� U`t�d S�at�s, to be �aid it� L���ton, Cc� ty, T�x�s, fc�r �e pay�caent of vrh��h s we11 d ty to be
m�de, we hereb� bind �urseiv�s, c�ur heirs, �x�c�atc�rs, � za�s�a�ars; s�ccessc�rs, d a.ssi� s, ja' tly d
sev�rally, farmIy �ty i�es� presents. T`�is 13ond sraall autornatically be iracr��sud by the c�uslt of r y
Cn�n�e Clyder crr Sup�le�s�ezltal P��reerne�t w�iic�l zra�reases �e Cantx°aci price, but in s�o e�jent s�ZaII a
Ch �e C�rd�r or S�.ppl�r��r�t�l A�ree��nt �rh�ch reduces the Ccs�ir�ct �r�ce a�cre�se the pe�dl s�rn of
this �car�d.
T C�BL�CaAT�C3N '�C9 PAY 5 � is candrti�r�ed �s fc�lla�us: ere�s, ti�Ae �' � cipal en�ered
'�:o � certt�in Ct�n�ract, iC��ifltL�flPd �J�r r._x��-��j����:;1 N ber 2014- Q89, �xrith th� Ci�gt of��e�a�:ara., the C9��er,
c��ii�.� iLi}ti= 1���� G,.�.��ri.] .�;..L7 �"�);; ��.,�'�;c��,� t�i"�=��ac:b i� I�v�-ti���, a° c]�ed d zza�de a p h�reof for F'�
���v'-i�x7;is�°L�i�ll+:�il �.l �i'��:�Z�� �..;C7�gl.i"i�a �:i.d�t�i`s`�,��9C??1s
�OW, �� , if�tl�� P'�ipa1 sh�Il r��ll, iy d faz � 1}3r p�rfa gts ciutaes d�ake
�rc� pt �Sayment to aI1 parsa�s, f s, stabcc�ntr�ctars, carpc�r�tac�ns d cIa° ts s�ppi�P� g l�bar� ° dlcsr
�saieraa.l ir� Y�he �rasecu�ia�t of ih� Wor� �r��Tided far � said Ca�tra.at d y° d all duly �uihcsrized
rrcadific�tions crf said Gant��ct �a�.t �y b�r�aiier be nzade, �at�ce �f wh�ch x�e�difacations te� the �tireij,
be' g��reb�= e�pressly s�raiv�d; ihe� °s c�bli�atac�� slaa�Il be vaid; c�ther�rise pt s�alI re a�n i� fu�I force
d eif�r�.
��2.0 ED F� ,12, tt��t rf �ny �e�al �ci��n be fi1�d on �h.�s Bonc� ��cl�sr�e �pen�e s�all li� irs
l��ni:c�r� Co ty, Te��s.
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This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Govemment Code, as
amended, and any other applicable statutes of tl�e 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 af process
may be had in matters arising out of sucl� 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 insti•umes�i ��,-�xecuted in four copies, each one of which shall be
deemed an original, this the ] day of April, 2014. --��''�
ATTEST:
BY: ,�,''
SECRETARY �
PRINCIPAL
�_� °�t�i�: ��c�i�l���:�, ia7c, �.
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ATTEST: SURETY:
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The Resident Agent of the Surety in Denton County, Texas for delivery af notice and service of the
process is:
NAME: Southwest Assurance Group, Inc./ Bret Tomlins_on
STREETADDRESS: 124 Old Town Blvd., i�200, Ar�vle, TX�76226
(NOTE: Date of Payrner�t Bond rnust be date of Contract. If Resadent Agent is not a corporation, gave a
person's nanze.)
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GREAT AMERICAN INSURANCE COMPANY OF NEW YORK�t,a��'�
New York
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than FOUR No. 0 19950
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, a corporation
organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the
person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of
the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature
thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this
authority shall not �xtY¢ec� the limit stated below.
�l�r�i� Address Limit of Power
JACK M. CROWLEY��'� PATRICIA A. SMITH ALL OF ALL
STEVEN R. FOSTER MARIE PERRYMAN ADDISON, $75,000,000.00
TEXAS
This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF, the GREATAMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed
and attested by its appropriate officers and its corporate seal hereunto affixed this Z9TH day of NOVEMBER , 2012 ,
Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK
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�iznpbnatt� . , .
SEAL;�"
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Assisranr Secrelary
Dit�isional Senior Uce Presrden!
DAVID C. KITCHIN (877-3774405)
STATE OF OHIO, COUNTY OF HAMILTON-ss:
On this 2sTH day of NOVEMBER , 2012 , before me personally appeared DAVID C. KITCHIN, to me known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond
Division of Great American Insurance Company of New York, the Company described in and which executed the above instrument;
that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed
his name thereto by like authority.
� `� KAREN L. GROSHEIM
'�y�°`�'` NOTARY PUBUC, srat� o� oHio
� MY GOMM18810N Ex�IRES o�-2o-ie
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This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great
American Insurance Company of New York by unanimous written consent dated May 14, 2009.
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisional
Assistant Vice Presidents, or any one of them, be and hereby is authorized, from fime 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 contracts of suretyship, or other written obligations
in the nature thereof,• to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment
at any time.
RESOLVED FURTHER: Thai the Company seal and the signature of any of the aforesaid officers and any Secretary orAssistant
Secretary of the Company may be affixed by facsimi/e to anypower 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 upon the
Company with fhe same force and effect as though manually affixed.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company of New York, do hereby certify that
the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 14, 2009 have w�nt ta�en revoked and are
now in full force and effect.
Signed and sealed this lst day of April , 2014 `�-�r�
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iNSURANCE GROUP
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Yau may contact the Texas Departmeni af Lnsurance to obtai� infar�atian on companies,
coverages, rights ar camplaints at:
:;
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PoC9. Box 149104
Aust�, TX 7 � 714�-9104
� #1-512-475-1771
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Great American Insurance Cornpany Claim
P.O. Box 2575
Cinc` ati, Ohia 452Q1-2575
Physz�al Address: Great ericaa Ins�z.rance Cornpany Ciaim
580 Walnut Street
7th Floar
C' c` ati, Ohio 452Q2-31$0
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Telepha�� Number: 1-513-369-5064
CL IS LTT S:
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'I°his notice is far i�.farmation o�ty and does not becorne a part ar condition of the attached
doc e�t
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uRQB�.E pEC'Q�.T'ES, 'NC. Exhibit "F"
P.O. BOX 535969 • GRAND PRAIRIE, TX 75053-5969 • PHONE 1-972-296-6324 • FAX 1-972-780-741 1
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P.O. BOX 535969 • GRAND PRAIRIE, TX 75053-5969 • PHONE 1-972-296-6324 • FAX 1-972-780-7411
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• It is Dw�ablc Specialties, lnc. ui�derstanding we will be providing a turnkey construction
of ncw tratlic signals, modiiication to cxisting tral7ic signals and span wire traftic
signal installations. Pavement markin�s to be perl��rmed by others.
• Installation of traf�iic signals will be on a work order basis with a work.
•'The contract is for one ycar with an option tor rcnewal after one year.
•"l�he goal is to perform installation of traffic signals in a timely manncr and to the
standards and expectations of the City of Denton.
• The unique and long lead items will be supplied by tlie City of Denton; i.e. controller
cabinets, vehicic detection equipment, preemption equipmcnt, communication
equipment, su►•veillance equipment, signal housings & LEDs, traffic signal pole
assemblies and etc.
• Durable Specialties, [nc. will supply the concrete, conduit, wire, cable, pul] boxes,
signal head mounting ha�•dware, sign mounting hardware, electrical services, wood
poles and down guys whcre indicated by their corresponding pay item.
DElC)2GG1 l f71:ti'I'(i\ \'OV 51'I I:: S'fA'C�VIFi\'"f OF fFIE CO\'1'RACiORS I:�DFifZS'CA\'I�I\Ci (7F 7l{I: PItU.ILC.I.
68
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P.O. BOX 535969 • GRAND PRAIRIE, TX 75053-5969 • PHONE 1-972-296-6324 • FAX 1-972-780-741 1
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Or�anization
n. Dui•able Specialties, ]nc.
Physical Address:
2 i02 I'addock Way llrive
(irand Prairie, "I'X
75050
Vlailing Address:
I'O BOX 535969
Grand Prairie, TX
75053-5969
B. Durable Specialties, Inc. has been in business since 1984 �ls a traflic signal conti•actor providing
turnkey trafiic signal installation for \�orth "I'exas Vlunicipalities and `1�xDot.
C. Business Profile;
1) Corporation
2) }:stablished in 1984, 30 years doing business
3 ) 65 �mployees
4) Specializing in tratfic signal installation
5) 972-296-6324 I'hone; 972-780-7411 Fax �
6) 30 Years in business
7) \ot npplicable
8) Single office location
9) Single office location
10) We pravide turnkey tral�ic signal installation and own all of ow» equipment to prc�vide this
service.
1 I} Drew Shipman; 817-401-3070 Cell; drew �r>durablespecialties.com
Attached is our previous work cxpericnce and rel`crenccs.
ui:vozoc,ia nE:� ro` ��ov srri:; nsi oiicn�izn'i io�
69
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I ' ' I � Exhibit °'F"
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P.O. BOX 535969 • GRAND PRAIRIE, TX 75053-5969 • PHONE 1-972-296-6324 • FAX 1-972-780-741 1
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MAJOR CONTRAC7S 2007
CONTRACT SCOPE OF WORK YEAR/JOB # LOCATED
AMT
� _._�..�.......�
215,250.00 TRAFFIC SIGNAL �w�� � 2007/702 AUSTIN
183A - TURNPIKE
219,500 00 TRAFFIC SIGNAL
SYSTEM UPGRADE
102,750,00 TRAFFIC SIGNAL
357,900 00 ADAPTIVE CONTROL
SIGNAL SYS
120,921.50 TRAFFIC SIGNAL
122,750.00 TRAFFIC SIGNAL
206,150.00 TRAFFIC 51GNAL
107,500.00 TRAFFIC SIGNAL
201,14920 TRAFFiC SIGNAL
KF �� l� I#� i i � i �: 7_l 7� C� I.9 [eI ► I I �
S 4,234,419 95 TRAFFIC SIGNAL
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299,800,00 TRAFFIC SIGNAL
397,350 00 TRAFFIC SIGNAL
103.600.00 TRAFFIC SIGNAL
117,300.00 TRAFFIC SIGNAL IMPRVTS
2d07/704 CITY OF DESOTO
VARIOUS LOCATIONS
2007/706 GRAND PRAIRIE
DORYN DR. & MAGNA
CARTA
2007l708 TYLER
US 69
2007/710 SEAGOVILLE
DIVIDEND DR. & POINT
WEST BLVD
2007/711 DENTON
FM 407
2007J712 DALLAS
N. GALLOWAY AVE
TO BELTLINE RD
2007/714 WISE
FM 51 & PRESKITT RD
207/720 TARRANT
IH 30 & CENTER ST
2007/721 TARRANT
SH 199
2007/723 DALLAS
VARIOUS LOCATIONS
DART- CMGC-3 LINE
NW-2, NW3, NW-4
2007/725 DALLAS
NAAMAN SCHOOL RD
NAME AND
ADDRESS
MICA CORPORATION
PO BOX 161609
FT WORTH, TEXAS 76161
CITY OF DESOTO
211 E PLEASANT RUN RD
DESOTO,TEXAS75115
SPRING VALLEY CONSTRUCTION
10950 ALDER CIRCLE
DALLAS. TEXAS 75238-1359
CITY OF TYLER
Pd BOX 2039
TYLER, TEXAS 75710
DUKE CONSTRUCTION
5495 BELTLINE RD #360
DALLAS, TEXAS 75254
ED BELL CONSTRUCTION
PO BOX 540787
DALLAS, TEXAS 75354-0787
REBCON, INC.
1868 W. NORTHWEST HWY
DALLAS,TEXAS75220
TXDOT-TARRANT
PO BOX 6868
FT. WORTH, TEXAS 76115
MICA CORPORATION
PO BOX 161609
FT WORTH. TEXAS 76161
MICA CORPORATION
PO BOX 161609
FT WORTH, TEXAS 76161
ARCHER WESTERN
2121 AVENUE J, #103
ARLING7dN, TEXAS 76006
TRI-CON SERVICES, INC
3010 W MAIN ST.
ROWLETT, TEXAS 75088
2007l729 WEATHERFORD ED A WILSON
MAIN ST - DOWNTOWN PO BOX 11423
FT WORTH, TEXAS 76110-0423
20d7l732 PLANO - VARIOUS LOC JIM BOWMAN CONSTRUCTION
1111 SUMMITAVE, #1
PLANb, 7EXAS 75074
2007/735 HOLLAND RD & BROAD L H LACY CONSTRUCTI(?N
STREET P(7 BOX 541297
DALLAS,iEXAS
70
. �, � � � � 1
P.O. BOX 535969 • GRAND PRAIRIE, TX 75053-5969 • PHONE 1-972-296-6324 • FAX 1-972-780-741 1
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MAJOR CONTRACTS 2007
CONTRACT SCOPE OF WORK YEAR/JOB # LOCATED NAME AND
AM7 ADDRESS
. �.._. _.m, _. _w,...�P_.
$ 136,715,00 T�l���[C �[�NAL MODIFY 2007/737 LUNA RD � VI�LL�Y 4"IE1N� JFG CONCFtS��'TE, 16��";,.
(RACETRAC) PC7 BOX 550
PRINCETON, TEXAS 75407
$ 164,000,00 TRAFFIC SIGNAL 2007/739 SH 170 & PARK VISTA CITY OF FT. WORTH
5001 JAMES AVE, #301
FT WORTH, TEXAS 76115
� 123,3Qd.00 TRAFFIC SIGNAL 2007/743 AMARILLO BLVD & BRAD DRAKE CONSTRUCTION
LOWES LANE 3737 LAMAR AVE, #700
PARIS, TEXAS 75462
S 666,720 00 TRAFFIC SIGNAL 20d7/744 MOCKINGBIRD LANE GIBSON & ASSOCIATES, INC
PO BOX 80d579
BALCH SPRINGS, TEXAS 7518Q
5 101,000.00 TRAFFIC SIGNAL 2�07/745 BU 287P & FM 157 TXDOT - TARRANT
PO BOX 6868
FT. WORTH, TEXAS 76115
�
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117,453.00 STREET LIGHTS/
TRAFFIC SIGNALS
462,568.80 TRAFFIC ISIGNALS
$ 2,835,QOd.00 TRAFFIC SIGNALS
�
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254,500.00 RECONSTRUCT
TRAFFIC SIGNALS
334;800.00 TRAFFIC SIGNALS
369,165.00 TRAFFIC SIGNAL
IMPROVEMENTS
2007/746 TCCD SOUTH CAMPUS
CAMPUS & JOE B
RUSHING
2007/751 FM 2499
r�� :1
2007l757 VARIOUS LOCATIONS
20071761 EXCHANGE PKWY
T1NIN CREEKS & SH 121
ROEBUCK CONCRETE CONTRACTORS
PO BOX 301
FT, WORTH, TEXAS 76101
MICA CORPORATION
PO BOX 161609
FL WORTH, TEXAS 76161
7XDOT-TYLER
15986 5H 155
TYLER, TEXAS 75703
CITY OF WACO
PO BOX 2570
WACO, TEXAS 76072
LACY CONSTRUCTION
PO BOX 541297
DALLAS. TEXAS 75354
20071762 SHADY OAKS & BRINKER LACY CONSTRUCTION
PO BOX 541297
DALLAS, TEXAS 75354
929,807.02 TRAFFIC SIGNAL 2007/763 IH 30
INSTALL
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P.O. BOX 535969 • GRAND PRAIRIE, TX 75053-5969 • PHONE 1-972-296-6324 • FAX 1-972-780-741 1
MAJOR CONTRACTS 2008
CONTRACT SCOPE OF WORK YEAR/JOB # LOCATED NAME AND
AMT ADDRE3S
S 644,378 30 TRAFFIC SIGNAL 2008/801 PAN7HER CREEK PKWY mm MARIO SINACOLA & SONS
IMPROVEMENTS AND LEGACY DR. PO BOX 2329
CITY OF FRISCO FRISCO, TEXAS 75034
S 103,400.00 TRAFFIC SIGNAL 2008/805 SH 198 TEXAS STERLING
TXDOT KAUFMAN COUNTY 2100 N. HWY 360, #106A
GRAND PRAIRIE, TEXAS 75050
S 130,375 00 TRAFFIC 51GNAL 2008/806 ROUTH CREEK PKWY L H LACY
CITY OF ARLlNGTON PO BOX 541297
DALLAS,TEX575354
5 142,OQ0.00 TRAFFIC SIGNAL 2008l8Q7 BRIARGROVE TO REBCON
NTTA RAILROAD NORTH TO 1868 W. NORTHWEST HWY
PGBT DALLAS, TEXAS 75220
S 559,OOQ 00 TRAFFIC SIGNAL 2008/808 VARIC3US LOCA71C7NS CITY OF GRAND PRAIRIE
206 W. CHURCH ST
GRAN PRAIRIE, TEXAS 7505d
S 454:250 00 TRAFFIC SfGNAL 2008/809 PLEASANT RIDGE RD, L H. LACY
CITY OF ARLINGTdN PO BOX 541297
DALLAS,TEXS 75354
5 111,000.00 TRAFFIC SIGNAL 2Q08/811 WINSCOTT RD. 8 OLD CITY OF BENBROOK
BENBROOK RD/BECKMAN 911 WINSCOTT RD
DRIVE BENBROOK, TEXAS 76126
S 413,022.00 TRAFFIC SIGNAL 2008/812 BELTLINE RD, ARAPAHO REBCON
CITY OF RICHARDSON RD, CAMPBELL RD & COIT 1868 W NORTHWEST HWY
RD DALLAS,TEXAS75220
� 379,290.00 TRAFFIC SIGNAL 2008/819 SH 360 @ SH 180(DIVISION MICA CORPORATION
TXDOT TARRANT STREET) PO BOX 161609
FT WORTH, TEXAS 76161
S 420,483.00 7RAFFIC SIGNAL 2008/821 FM 2934 (ELDORADO MICA CORPORATION
TXDOT COLLIN PKWY) PO BOX 161609
FT. WORTH, TEXAS 76161
5 651,165 00 TRAFFIC SIGNAL 2008/825 IH 30 TEXAS STERLING
TXDOT DALLAS 2100 N. HWY 360, #106A
GRAND PRAIRIE, TEXAS 75050
S 124,500.00 TRAFFIC SIGNAL 2008/826 5H 183 APAC-TEXAS, INC.
TXDOT TARRANT PO BdX 1807
FT, WORTN„ TEXAS 76101
S 899,397.00 TRAFFIC SIGNAL 2008(827 FM 1 t71 GLENN THURMAN
TXDdT DENTON PO BOX 850842
MESQUITE, 7EXAS 75185-0842
S 472,400 00 TRAFFIC SfGNAL 2008/828 STADIUM DR. - DIVISION JACKSON CC}NSTRUCTIC3N
CITY OF ARLINGTON STREET TO RANDOL MILL 5112 SUN VALLEY DR
ROAD FT. WORTH. TEXAS 76119
S 365,037.50 TRAFFPC SIGNAL 2008/829 MAYFIELD DR JACKSON CdNSTRUCTION
CITY OF GRAND PRAIRIE 5112 SUN VALLEY DR
FT WORTH. TEXA5 76119
72
L ' ' ' ' � Exhibit "F"
.._ _ _.
P.O. BOX 535969 • GRAND PRAIRIE, TX 75053-5969 • PHONE 1-972-296-6324 • FAX 1-972-780-741 1
MAJOR CONTRACTS 2008
CONTRACT SCOPE OF WORK YEAR/JOB # LOCATED NAME AND
AMT �������
� _..._.�._. _..
S 1 145,000 00 NON-SITE 2008/830 VARIOUS t C�G�TIC]h#� TXDOT - DALLAS
TXD07 dALtAS PU BdX 133067
DALL4S, TEXAS 75313
S 656,000.00 TRAFFIC SIGNAL 2008/831 BARNETT RD & JOHNSON TXDOT - WICHIiA
ROAD 16d1 SOUTHWEST PKWY
WICHI7A FALLS, TEXAS 76302
S 328,000.00 TRAFFIC SIGNAL 2008/832 VARIOUS LOCATIQNS TXDUT - DALLAS
PO BOX 133067
DALLAS, TEXAS 75313
S 125,600.00 TRAFFIC SIGNAL 2008I835 TEASLEY LN & HICKORY C D HENDERSON
CITY OF DENTON CREEK 1985 FOREST LANE
GARLANd, TEXAS 75042
S 398 600.00 TRAFFIC SIGNAL 2008/837 MOUNTAIN CREEK PKWY TEXAS STERLING
TXDOT DALLAS 2100 N NWY 360, #106A
GRANd PRAIRIE, TEXAS 75050
S 168,500.00 VIDEO DE7ECFION 2008/838 VARIOUS LOCATIONS CITY OF HALTOM CITY
4200 HOLLIS ST
HALTOM CITY, TEXAS 76111
S 471,009.00 7RAFFIC SIGNAL 2008/845 GEORGE BUSH TURNPIKE MICA CORPORATION
PO BOX 161609
FT WORTH, TEXAS 76161
S 167,192.13 TRAFFIC SIGNAL 2008/845 US 75 UNDERPASS @ MICA CdRPORATION
TXDOT DALLAS PARKER RD PO BOX 161609
F7 WORTH, 7EXAS 76161
$ 98,800 00 TRAFFIC SIGNAL 2008t849 DENTdN TAP RD @ UNITED COMMERCIAL DEVELOPMENT
CITY dF LEWISVILLE HIGHLAND DR. 7001 PRESTON RD ,#500
DALLAS, TEXAS 75205
S 148,700,00 TRAFFIC SIGNAL 2008/850 IH 20 (FM 3325/FM 1187) MICA CORPORATION
PO BOX 161609
FT WORTH, TEXAS 76161
S 124,300 00 TRAFFIC SIGNAL 2008/852 BELKNAP ST & GRdVE ST. ClTY OF FT. WORTH
GROVE ST. & WEATHERFCJRC 5001 JAMES AVE, #301
ST FT. WCIRTH, TEXAS 76115
S 383,500.00 TRAF'FIC SIGNAL 2008(856 FM 544 - WOODBRIDGE L. H. LACY
CROSSING IMPRVMT PO BOX 541297
DALLAS. TEXS 75354
S 1,117,000 00 TRAFFIC SIGNAL 2008/857 IH 35E TXDOT - DALLAS
PO BOX 133067
DALLAS, TEXAS 75313
S 302,000.00 TRAFFIC SIGNAL 2008/858 SH 121 - NTTA MIGA CORPORATION
PO BOX 161609
FT. WORTH, 7EXAS 76161
73
, � � ! � � , ' 1
P.O. BOX 535969 • GRAND PRAIRIE, TX 75053-5969 • PHONE 1-972-296-6324 • FAX 1-972-780-741 1
__ t� _ �r , � - � _
MAJOR CONTRACTS 2009
CONTRACT SCOPE OF WORK YEAR/JOB # LOCATED NAME AND
AMT ADDRESS
� � _. _..�._..___. ..... ..LL_, ._....,.�. _
$ 129,849.00 SIGNAL MODIFICATION 2009/901 W. 7TH & CURRIE ST. CONATSER CONSTRUCTION
CITY OF FORT WORTH
S
0
260,077.00 TRAFFIC SIGNAL
TXDOT TARRANT COUNTY
302,700.00 TRAFFIC SfGNAL
IMPRdVEMENTS
S 1,098,700.00 TRAFFIC SIGNAL
TXDOT DALLAS
�
�
367,900.00 TRAFFIC SIGNAL
SYSTEMIMPROVEMENTS
149,000,00 7RAFFIC SIGNAL
TXDC7T PARKER CdUNTY
� 585,148.00 VITRUVIAN PARK PUBLIC
INFRASTRUCTURE
PHASE 16
TOWN OF ADDISON
5 471,658.40 INSTALL 4 NEW TRAFFIC
SIGNALS
S 122,660.00 STREETSCAPE
IMPROVEMEN75
CITY OF DALLAS
S 315,517.00 0213-PGB-06-CN-EN
SECTIdN XXXI
NTTA
S 482,330,00 TRAFFIC SIGNAL
DALLAS COUNTY
S 122,820 00 TRAFFIC SIGNAL
F�
S
S
121,120.00 INTERSECTION
IMPROVEMENTS
149,505,00 TRAFFIC SIGNAL
TXDOT DALLAS
150,700 00 TRAFFIC SIGNAL
CITY OF HURST
S 1,016,43520 REVERSIBLE LANE SYS
5327 WICHITA ST.
FT WORTH, TEXSA 76102
2009/902 IH 20 (GREAT SOUTHWEST MCMAHON CONTRACTfNG
PARKWAY) PO BOX 153066
IRVING, TEXAS 75015-3086
20091904 VARIOUS LOCATIONS CITY OF NORTH RICHLAND HILSS
7200 A dICK FISHER DR. S
NORTH RICHLAND HILLS, TEXAS 76182-0609
2009/906 L(70P 12 MICA CORPORATION
PO BOX 161609
FT. WORTH, TEXAS 76161
2009/910 VARIOUS LOCATIONS TOWN OF ADDISON
PO BOX 9010
AbDISON, TEXAS 75001-9010
2009/911 SH 171 PRATER EQUIPMENT Cd , INC
Pd BC3X 746
CQMANCHE, TEXAS 76442
2009/914 VITRUVIAN PARK NdRTH TEXAS CONTRACTfNG
PO BOX 468
KELLER,TEXAS 76244
2009/915 VARIOUS LOCATIONS CITY C1F ALLEN
305 CENTURY PARKWAY
ALLEN, TEXAS 75013-8042
2009l916 ELM ST - FROM AKARD TO TEXAS STANDARd CONSTRUCTIC7N
ERVAY PO BC7X 210768
DALLAS. TEXAS 75211
2009(918 SQUTH dF MAIN ST Tb MlCA CORPORA710N
NORTH OF SHOR OF LAKE PO BdX 161605
RAY HUBBARD FT. WORTH, TEXAS 76161
2009/919 BELTLINE RD Td CASH CONSTRUCTION CO , INC..
WHEA7LAND RD. Pd BbX 1279
FLUGERVILLE, TEXAS 78691
2009(920 DEBBIE LANE @ BEN CBTY OF MANSFIELd
BARBER ACADEMY 1200 E BROAD ST,
MANSFIELD, TEXAS 76063
20091921 SARA JANE @ GREAT MCMAHON CONTRACTlNG
SOUTHWEST PARKWAY PO BOX 153086
IRVING TEXAS 75015-3086
2009/922 FM 1382 REBCON, WC
1868 W NORTHWEST HWY
DALLAS, TEXAS 75220
2009/924 W PIPELINE RD @ AUI CONTRACTORS
FUTURE RD 4775 N FREEWAY
FT. WdRTH, TEXAS 76106
2009/927 ROAD TO SIX FLAGS, C6TY OF ARLINGTON
COLLINS � DIVISON ST 1011 W. MAIN ST.
ARLINGTdN. TEXAS 76013
74
, ■ 1 � ! ■ � '' �
P.O. BOX 535969 � GRAND PRAIRIE, TX 75053-5969 • PHONE 1-97z-296-6324 • FAX 1-972-780-741 1
DURABLE SPECIALTIES, INC. WORK EXPERIENCE
MAJOR CONTRAC7S 2009
CONTRACT SCOPE OF WORK YEAR/JOB # LOCATED NAME AND
AMT ADDRESS
�.. _ .�.. �_,.,
S 169,819 45 INTERSECTION IMPRVTS 2009/929 TOWN EAT BLVD & NORTH JIM BOWMAN CONSTRUCITON`
PHASE 1 B GALLOWAY AVE 1111 SUMMIT AVE, #1
PLANO, TEXAS 75074
S 233,OOOAO TRAFFIC SIGNAL INSTALL 2009/930 FM 1378 & COUNTRY CLUB L H. LACY COMPANY, LTD.
DRIVE PO BOX 541297
DALLAS, TEXAS 75354-1297
S 590;113.80 TRAFFIC SIGNAL INSTALL 2008/931 RIDGEVIEW DR. & ALMA CITY CYF ALLEN
AT 4 LOCATIONS EXCHANGE PKWY & 305 CENTURY PARKWAY
RIDGEVIEW DR ALLEN, TEXAS 75013
RIDGEVIEW DR & WALNUT
SPRINGS DR.
EXCHANGE PKWY &
TWIN CREEKS DR
$ 128,807.50 TRAFFIC SIGNAL INSTALL 20091937 SH 289 & LEGACY DR MICA CORPdRATION
E
S
�
241,150.00 RED OAK RD STREET & 2009/940 RED OAK RD & VARIOUS
UTILITY IMPROVEMENTS LOCATIONS
469,000.00 TRAFFIC SIGNAL
INSTALLTATION
102,000 00 TRAFFIC SIGNAL
INSTALLATION
2009/944 VARIOUS LOCATIONS
20091946 US 1 BO & TOWN CREEK &
UPPR (WB & EB)
75
PO BOX 161609
FT. WORTH, TEXAS 76161
XIT PAVING & CONSTRUCTION
3934 S, HWY 287
WAXAHACHIE, TEXAS 75165
CITY OF FT. WORTH
5001 JAMES AVE, #301
FT. WORTH, TEXAS 76115
MICA CORPORATION
PO BOX 161609
FT WORTH, TEXAS 76161
, �,, � : ' � � , ' I 1
P.O. BOX 535969 • GRAND PRAIRIE, TX 75053-5969 • PHONE 1-972-296-6324 • FAX 1-972-780-741 1
DURABLE SPECIALTIES, INC. WORK EXPERIENCE
MAJOR CONTRACTS 2010
CON7RACT SCOPE OF WORK YEAR1J06 # LOCATED NAME AND
AMT ADDRESS
..... __ .. .._._. � � a �. .�w.....�
5445,380.00 TRAFFIC SIGNAL INSTALL 2010/001 VARIOUS LOCATIONS CITY OF FT. WORTH
5001 JAMES AVE, #301
FT_ WORTH, TEXAS 76115
S630,000.00 TRAFFIC SIGNAL INSTALL 2010/002 VARIOUS LOCATIONS IN TXDOT - AU571N
GEORGETOWN PO BC7X 15426
AUSTIN. TEXAS 78761-5426
$53,000.00 ANNUAL LOOP INSTALL 2010/003 VARIOUS LOCATION6
5135,000.00 TRAFFIC SIGNAL INSTALL 2010/004 PLEASANT RUN RD
S73,000.00 TRAFFIC SIGNAL INSTALL 2010/005 ALSBURY BLVD &
SUMMERCREST BLVD
582,000.00 TRAFFIC SIGNAL INSTALL 2010/006
5105,960 00 TRAFFIC SIGNAL INSTALL 2010/007
5219,375.00 TRAFFIC SIGNAL INSTALL 2010/008
S90,101.95 TRAFFIC 81GNAL INSTALL 2010/011
5115,500.00 TRAFFIC SIGNAL INSTALL 2010/012
5132,OOOAO TRAFFIC SIGNAL INSTALL 2010I013
S192,000 00 TRAFFIC SIGNAL INSTALL 2010/014
5315,165.00 PRVING & DRAINING
IMPROVEMENTS
$151,245.00 WAL-MARTTRAFSIG
IMPROVEMENTS
$828,000 00 TRAF SIGNAL INSTALL
5105,500.00 TRAF SIGNAL INSTALL
CITY OF GARLAND
409 FOREST GATE
GARLAND, TEXAS 75041
L H LACY COMPANY
PO BOX 541297
DALLAS, TEXAS 75354-1297
CITY OF BURLESON
141 W. RENFRO ST.
BURLE60N. TEXAS 76028
BARR RD MCCLENDON CONSTRUCTION
PO BOX 999
BURLESON, TEXAS 76097
FM 407 & CHIN CHAPEL TISEO PAVING
PO BOX 270040
DALLAS, TEXAS 75227-0040
OLD DECATUR TO BUSINESS AUI CdNTRACTORS, INC
287 4775 NORTH FREEWAY
FT. WORTH, TEXAS 76106
CEDAR SPRINGS - DALLAS MICA C(JRPORATICJN
LOVE FIELD PO BOX 1616b9
FT. W(7RTH, TEXAS 76161
N, COUNTRY CLUB RD & GLENN THURMAN
W BROWN ST Pd BdX 850842
MESQUITE, TEXAS 75185-0$42
US 380 TXD(7T - TARRANT
PO BOX 6868
FT WORTH, TEXAS 76115
VARIOUS LOCATIONS CITY OF WACO
PC3 BOX 2570
WACd. TEXAS 76702-2570
2010/017 DIRKS RD - FROM BRYANT JACKSON CONSTRUCTION
IRVIN RD TO HARRIS PKWY 5112 SUN VALLEY DR
FT WORTH, TEXAS 76119
2010/018 EXCHANGE PKWY & EMJ CORPORATION
WALMART DR 5525 N, MACARTHUR BLVD, #400
IRVING, TEXAS 75038
2010/021 IH 30 & FERGUSON RD. TXDOT DALLAS
PO BC7X 133067
DALLAS. TEXAS 75313
2010/023 CS (MdNTFORT DR.) MCMAHON CONTRACTING
PO BOX 153086
76 IRVING. TEXAS 75015-3d86
i , ■ � � ■ � 1
P.O. BOX535969 • GRAND PRAIRIE, TX75053-5969 • PHONE 1-972-296-6324 • FAX 1-972-780-7411
DURABLE SPECIALTIES, INC. WORK EXPERIENCE
MAJOR CONTRACTS 2010
CONTRACT SCOPE OF WORK YEAR/JOB # LOCA7ED NAME AND
AMT A�C]R��S.
�5938,300.00 PREVENTA7IVE 201�{j��7�� �}•9 3�.� @�VARIOUS T�CICCIT DALLAS
MAITENANCE LOCA7fONS PO BOX 133067
S233,5Q0.75 7RAFFIC SIGNAL INSTALL
S760,234 00 TRAFFIC SIGNAL INSTALL
DALLAS, TEXAS 75313
2010/028 GRENNVILLE AVE & HIGH CITY OF ALLEN
POINT 7RAIL RD AND 305 CENTURY PKWY
MCDERMOTT DR & ALLEN, TEXAS 75013
SHALLdWATER DR
2010/30 FM 720 (ELDORADO PKWY) MICA CORPORATIdN
PO BOX 161609
FT WORTH, TEXAS 76161
51,358,000.00 2010 GRANd TASK ORDER 2010/031 VARIOUS LOCATIONS CITY OF FT WORTH
CC}NSTRUCTI(7N SVCS 5001 JAMES AVE, #301
FT WORTH, TEXAS 76115
S147,76Q00 VIDEO IMAGE DETECTION 201Ql032 FM 1171 @ VAR LOCATIONS CITY OF LEWfSVILLE
PO BOX 299002
LEWfSVILLE, TEXAS 75029-9002
S198,400.00 VIVDS AT TEN LOCATIONS 2010/033 VARIOUS LOCATIONS CITY OF LEWISVILLE
S354,000.00 TRAFFIC SIGNAL INSTALL
5116,400.00 TRAFFIC SIGNAL INSTALL
51,255,000.00 NON-SITE SPECIFIC
S137,000 00 INSTALLATION OF
STREETLIGHTING
5365,735 Od TRAFFIC SIGNAL INSTALL
5415,90d,00 C(TY WIDE TRAFFIC
SIGNAL IMPRVTS
S105,000.00 TRAFFIC SIGNAL INS7ALL
5120,425 d0 TRAFFIC SIGNAL INSTALL
5278,9Q0.00 TRAFFIC SIGNAL PNSTALL
PO BOX 299002
LEWISVILLE, TEXAS 75029-9002
2010/039 SPRING VALLEY NORTH TEXAS CONTRACTING
WIDENING PO BOX 468
KELLER, TEXAS 76244
201 D/040 IH 35 A7 HERTIAGE TRACE TXdOT - TARRANT
PKWY PO BOX 6868
FT WORTH, TEXAS 76115
2010/041 VARIOUS LOCATIONS 7XDOT DALIAS
PO BdX 133067
DALLAS, TEXAS 75913
2010(042 GREENVILLE FROM CITY OF ALLEN
EXCHANGE PKW TO S7ACY 305 CENTURY PKWY
ROAD ALLEN, TEXAS 75013
201Ql045 ARKANSAS LANE REBUfLD JACKSQN CONSTRUCTION
5112 SUN VALLEY DR.
FT WORTH, TEXAS 76119
2010l047 VARIOUS LOCATIC}NS C17Y OF BEDFORD
1813 RELIANCE PKWY
BEDFOR0. TEXAS 76021
2010ld48 CLAY RD TOWN OF SUNNYVALE
127 COLLINS RD
SUNNYVALE, TEXAS 75182
2010/049 WEBB CHAPEL @ EMJ CORPORAT{ON
WALMART DRIVEWAY 5525 N. MACARTHUR BLVD, #40Q
IRV6NG, TEXAS 75038
2010/050 N MAIN ST - PHASE 1 XIT PAVING & CC}NSTRUCTION
3934 S. HWY 287
77 WAXAHACHIE, TEXAS 75165
Exhfbit "F"
' -
P.O. BOX 535969 • GRAND PRAIRIE, TX 75059-5968 • PHONE 1-972-296-6324 • FAX 1-972-780-741 1
DURABLE SPECIALTIES, INC. WORK EXPERIENCE
MAJOR CONTRACTS 2011
CONTRACT SCOPE OF WORK YEAR/JOB �t LC7CATED
AMT
— _— _��e� �
5408,849 00 TRAFFIC SIGNAL INSTALL 2011/101 RUFF SNOW DR AT
VARIOU5 LOCATIONS
5177,000.00 TRAFFIC SIGNAL INSTALL 2011/103 FM 741
5213,252.00 TRAFFIC SIGNAL INSTALL 2011/106 INWOOD IMPROVEMENTS
5140,940.00 TRAFFIC SIGNAL INSTALL 2011/113 FM 1187
5762,79Q.Oa TRAFFIC SIGNAL INSTALL
� f 111 1� �
S354,000.00 TRAFFIC SIGNAL INSTALL
3201,700.00 TRAFFIC SIGNAL INSTALL
5129,472.92 TRAFFIC SIGNAL INSTALL
51,300,OOQ00 ADV�NCEt7iRANSPORTATION
MANAGEMENl SERVICES
S285,OOQ 00 TRAFFIC SfGNAL INSTALL
2Q11(114 SdUTHEAST PKWY TO
WEBB FERRELL
rllSilfiiG��i►il,�'il
2011/117 SH 34
2011/120 VITRUVIAN WAY AT
BELLA WAY
2611/121 SH 183/ SH 121
INTERCHANGE
2011/123 VARIOUS LOCATIONS
2011/125 MEMC?RIAL DR &
STANDRIDGE
. ��1 �� -,. , , � � +.
S182,000.00 7RAFFIC SIGNAL INSTALL 2011/127 BU 190F @ FM 3219
S226,000,00 SIGNAL & INTERSECTION
IMPROVEMENTS
2011/128 CANNON @ BROAD &
CANNON @ MATLOCK
NAME AND
ADDRE35
m.m._... .a. __
AUI CONTRACTORS, INC.
4775 NORTH FREEWAY
FT. WORTH, TEXAS 76106
ED BELL CONSTRUCTION
PO BOX 540787
DALLAS, TEXAS 75354-0787
LEMCO CONS7RUCTION SERVICES
14131 MIDWAY RD, #600
ADDISON, TEXAS 75001
LONE STAR CONS7RUCTION
4320 WINDSOR CENTRE TRAIL, #500
FLOWER MOUND, TEXAS 75028
L H LACY COMPANY
PO BOX 541297
DALLAS. TEXAS 75354-1297
TXDOT-TARRANT
PO BOX 6868
FT. WORTH, TEXAS 76115
AUI CONTRAC70RS, INC.
4775 NORTH FREEWAY
FT. WORTH. TEXAS 76106
CPS CIVIL
1215 CREST LANE DR.
DUNCANVILLE, TEXAS 75137
MICA CORPORATION
PO BOX 161609
FT WORTH, TEXAS 76161
DFW AIRPORT
3003 S SERVICE RD.
DFW AIRPORT, 7EXAS 75261
CITY OF THE COLONY
C/O HDR ENGINEERING, INC
17111 PRESTON RD., #200
DALLAS, TEXAS 75248-1232
TXDOT-TARRANT
PO BOX 6868
FT. WOR7H, TEXAS 76115
TXDOT - WACO
100 S LOOP DR.
WACO. TEXAS 76704-2858
MCCLENDON CONSTRUCTION, INC
PO BOX 996
BURLESON,TEXAS76097
S104,500 00 TRAFFIC SIGNAL
IMPROVEMENTS 2011/129 ELDORADO @ HILLCREST & CITY OF FRISCO
ELDORADO @ COIT RD 61�1 FRISGO SQUARE BLVD, 3RD FLdOR
78 FRISCO, TEXAS 75034
DURABLE SPECIALTIES, INC. Exhibit ��F��
P.O. BOX 535969 • GRAND PRAIRIE, TX 75053-5969 • PHONE 1-972-296-6324 • FAX 1-972-780-741 1
DURABLE SPECIALTIES, INC. WORK EXPERIENCE
MAJOR CONTRACTS 2011
CONTRACT SCOPE OF WORK YEAR/JOB # LOCATED NAME AND
��T ADDRESS
..... � �_..
5483 350.00 IH 635 Pi��f�J'a�CD LANES 2011/130 VARIOUS LOCATIOf'�d� µ TRINITY INF��/1 i�'6�l�CTC7�t�, LLC
5520 I-635 EAST, #150
DALLAS, 7EXA5 75240
5140,000 00 TRAFFIC SIGNAL INSTALL 2011/131 FM 51 TXD(7T - TARRANT
FO BOX 6868
FT. WORTH, TEXAS 76115
5222,000 00 TRAFFIC SIGNAL 2011l136 GASTON AVE & CPS CIVIL
IMPROVEMENTS WASHINGTON AVE 1215 CREST LANE DR.
DUNCANVILLE, TEXAS 75137
S150,900.00 RICHLAND HILLS TRE 2011/137 HANDLEY-EDERVILLE @ NORTH STAR CONSTRUCTION, INC
STATION ACCESS BURNS RD/TRINITY BLVD 3210 JOYCE DR.
ENHANCEMENT FT.WORTH,TEXAS
S142,000,00 ST. LIGHT IMPROVEMENTS 2011/140 GIFFORD ST & BAGDAD RD. HAYDEN BUILDING CORPORAT{ON
4640 E. COTTON GIN LOOP
PHOENIZ, AZ 85040
S143,144.00 TRAF SIG INSTALL & LEFT 2011/144 UP70WN BLVD & S WALMART CITY OF CEDAR HILL
TURN LAN IMPRVTS & FM 1382 Pd BOX 96
CEDAR HILL, TEXAS 75106
S301,300.00 LAKE RIDGE PKWY 2011/148 LAKE RIDGE PKWY @ MCMAHON CONTRACTING, L P.
WIDENING VARIOUS LOCATIONS PO BOX 153086
IRVING, TEXAS 75015-3086
5539,530.00 TRAFFIC SIGNAL INSTALL 2011/147 SH 171 - FM 1884 TO IH 20 JAY MILLS CONTRACTING, INC
PO BOX 1669
STEPHENVBLLE, TEXAS 76401
5104,OOOAO 9500476; DFW AIRPORT 2011/148 NORTH SERVICE RD @ NORTH TEXAS CONTRACTING, INC
CROSS UNDER #1 CROSS UNDER #1 Pd BOX 468
KELLER, TEXAS 76244
5428,000.00 TRAFFIC SIGNAL INS7ALL 2011/150 VARIOUS LOCATIONS CITY dF GRAND PRAIRIE
AT 4 LOCATION5 PO BOX 534045
GRAND PRAIRIE, TEXAS 75053-4045
S129,177.00 COOKS CHILDREN'S 2011/151 6 TH & 7TH STREET @ CONATSER CONSTRUCTION TX LP
MEDICAL CENTER PENNSYLVANIA AVE Pd BdX 15448
FT WORTH, TEXAS 76119
5138,596.25 INTERSECTION IMRPVTS 2011/154 MATLOCK ROAD MCMAHON CdNTRACTING, L P
PO BOX 1530$6
IRVING, TEXAS 75015
S330,000.00 TRAFFIC SIGNAL INS7ALL 2011/155 FM 407 MICA CORPORATION
PO BOX 161609
FT. WORTH, TEXAS 76161
5178,Od0.00 TRAFFIC SIGNAL INS7ALL 2011/156 NORTH BEACH ST CONATSER CONS7RUCTION TX., LP.
PO BOX 15448
FT WORTH, TEXAS 76119
�
u LE E I LTI ,' � Exhibit "F"
P.O. BOX 535969 • GRAND PRAIRIE, TX 75053-5969 • PHONE 1-972-296-fi324 • FAX 1-972-780-741 1
DURABLE SPECIALTIES, INC. WORK EXPERIENCE
MAJOR CONTRACTS 2012
CONTRACT SCOPE OF WORK YEAR/JOB # LOCATED NAME AND `
AMT ADDRESS
_.—. _.__�.m�. .._...._ .R�
S 197,000.00 TRAFFIC SIGNAL INSTALL 2012 / 203 WEST BERRY�STREET MCCLENDON CONSTRUCTION
Pb BOX 996
BURLESdN, TEXAS 76097
S 98,000.00 INTERSECTION 2012 / 205 PARKER RD, SPRING VALLEY JIM BOWMAN CdNSTRUCTION
IMPROVEMENTS PKWY & JUPITER RD 2716 S. RIGSBEE DRIVE
PLANO,TEXAS 75074
S 194,204.00 WEST BROWN STREET 2012 / 207 COUNTRY CLUB RD TO NORTH MCMAHON CC7NTRACTING, LP
IMPROVEMENTS BALLARD AVE PO BOX 153086
IRVING, 7EXAS 75015
S 104,500 00 TRAFFIC SIGNAL INSTALL 2012 /208 MILITARY PARKWAY AT LEMC(7 CONSTRUCTION SERVICE5
CEDAR LAKE DRIVE 14131 MIDWAY ROAD
ADDISON, TEXAS 75001
5 173,000.00 PRESTON R(7AD ADA 2012 /210 GAYLORD PKWY, WARREN CfTY OF FRISCO
IMPROVEMENTS PKWY, LEBANON RD 6101 FRISCO SQUARE BLVD
WADE BLVD FRISCO, TEXAS 75034
$ 349,600.00 PLEASANT RUN RD 2012 / 212 PLEASANT RUN RD L.H. LACY COMPANY, LTD
RECONSTRUCTION PH 46 1880 CROWN ROAD
(PW06-0039) DALLAS, TEXAS 75234
S 162,447.95 BLUE LINE EXPANSION 2012 / 213 SH 66 @ MARTIN AUSTIN BRIDGE & ROAD
4817 ROWLETT ROAD
ROWLETT, TEXAS 75088
S 15d,000A0 ROADWAY ILLUMINATION 2012 / 214 NORTH BEACH ST JLB CONTRACTING, LP
KELLERY HICKS TO TIMBERLAND Pd BOX 24131
BLVD FT. WORTH, TEXAS 76124
5 180:OQ0.00 TRAFFIC SIGNAL INSTALL 2012 / 217 W. WINDSOR DRIVE MCMAHON CONTRACTING, L.P.
PO BOX 153086
IRVING. TEXAS 75015
S 120,000 00 TRAFFIC SIGNAL INSTALL 2012 /218 BU 377H @ RESORT TXDOT - TARRANT
CONFERENCE CENTER PO BOX 6$68
FT. WOR7H, 7EXAS 76115
S 140,OOQ 00 ILLUMINATION & TRAFFIC 2012 ( 221 JOHN HICKMAN PARKWAY MCMAHON C�NTRACTING, L.P
SIGNAL INSTALL FROM WES7 OF PRESTON ROAQ PO BOX 153086
TO OHIO QRIVE IRVING, TEXAS 75Q15
S 215,000 00 TRAFFIC SIGNAL INSTALL 2012 / 222 DFW AIRPdR7 CROSSUNDER #2 PHfLLIPS MAY CORP(7RATION
4861 SHARP STREET
DALLAS. TEXAS 75247
S 202,000 00 TRAFFIC SfGNAL INSTALL 2012 / 224 SACHSE ROAD AT MILES/ CITY OF SACHSE
BRYAN STREET 3815-B SACHSE ROAD
SACHSE, TEXAS 75048
S 1Q8,000 00 TRAFFIC SIGNAL INSTALL 2012 / 225 US 67 (CR 209 E. OF ALVARRDO) TXDOT - TARRANT
PO BC7X 6868
FT. WORTH, TEXAS 76115
5 97,700 00 7EMP & PERM TRAFFIC
SIGNAL INSTALL 2012 / 228 DART ORANGE LINE I-3 MASS ELECTRIC CONSTRUC710N COMPANY
FREEPORT PARKWAY @ &700 FREEPORT PARKWAY, #160
AIRFIELD DRIVE IRVING, 7EXAS 75053
BO
L I LTI , I , EXnibit ��F��
P.O. BOX 535969 • GRAND PRAIRIE, TX 75053-5969 • PHONE 1-972-296-6324 • FAX 1-972-780-7411
DURABLE SPECIALTIES, INC. WORK EXPERIENCE
MAJOR CONTRACTS 2012
CONTRACT SCOPE OF WORK YEARlJOB # LOCATED
AM�'
a��.�. x.�_.� ��.._..__� � . ,,,�,,.�m.—
� 129,ffi49.75 SF�Vu` ��U i LC�[�F�� 2012 / 229 SH 180
$ 437,000 00 TEMP & PERM TRAFFIC 2012 / 231 SH 26
SIGNAL INSTALL
S 147,074.Q0 7RAFFIC SIGNAL BNSTALL 2012 ( 233 US 180
. ��i M�
S 456,000.00 TEMP & PERM TRAFFIC
SIGNAL INSTALL
2012 / 236 N. TARRANT PKWY @
KELLER SMITH
2012 / 237 FM 1187
81
NAME AND
ADD��55
i�f'l��;-TEXAS 1�1C __...�
2121 IRVING BLVD
dALLAS, TEXAS 75207
AUICONTRACTORS,LP
4775 NORTH FREEWAY
FT. WORTH, TEXAS 76106
ED BELL CONSTRUCTIdN
10605 HARRY HINES BLVd
DALLAS, TEXAS 75220-2634
L H LACY COMPANY, LTD.
PO BOX 541297
DALLAS. 7EXAS 75354-1297
MCMAHON CONTRACTING, L.P.
PO BOX 153086
IRVING, TEXAS 75015
u A LE pE 1 LTIE , 1 . Exhibit "F"
P.O. BOX535969 • GRAND�PRAIRIE, TX 75053-5969 • PHONE 1-972-296-6324 • FAX 1-972-780-7411
DURABLE SPECIALTIES, INC. WORK EXPERIENCE
MAJOR CONTRACTS 2013
CONTRACT SCOPE OF WORK YEAR/JOB # LOCATED NAME AND
AMT ADDRESS
—�.� �, ,�.._ ,_ � _..�.. � _ -.
S t,679,500.00 TRAFFIC SIGNAL & 2Q131 301 US 287 TO MILLER AVENUE JACKSON CONSTRUCTION. LTD.
ILLUMINATION MODIFICATlbN 5112 SUN VALLEY DRIVE
FT. WORTH, TEXAS 76119
2013 ( 302 FM 1187 TXDOT - TARRANT
2510 SW LOOP 820
FT. WOR7H, TE S 76133
2013 t 3d4 INDEPENDENCE & CUSTER TISEO PAVING C(7MPANY
PO BOX 27Q040
QALLA5, TEXAS 75227
2�13 P 305 FM 156 @ BASSWOOD BLVD D R HdRTON , INC
6751 NORTH FREEWAY
F7 Wt?RTH, TEXAS 76131
2013 ( 306 MAIN ST @ LAKESNORE DR. XIT PAVING & CdNSTRUCTION, INC.
AND BEARD PARK 3934 S. HIGHWAY 287
WAXAHACHIE, TEXAS 75166
2013 P 308 US 377 TXDOT - TARRANT
2510 SW LOOP 820
FT WORTH, TEXAS 76133
2013 / 310 ELDORADO PARKWAY (FM 2994} CITY OF FRISCO
AT WAL-MART 6101 FRISCO SQUARE BLVd
3RD FLOOR EAST
FRISCC7, TEXAS 75Q34
2013 ( 312 IH 35W MICA CORPC}RA71tJN
PO BOX 181609
FT. WORTH, TEXAS 76161
2013 ( 317 HAMP7'ON ST: BELKNAP ST & AUI C6NTRAC7dRS, LP
WEATHERFORd ST 4775 NOFZTH FREEWAY
F7. WORTH, TEXAS 76106
2013 / 319 TURTLE CREEK 1 CEC}AR SPRINGS AUI GQNTRACTORS, LP
AT TUR7LE CREEK BLVD 4775 NC7RTH FREEWAY
FT WORTH, TEXAS 76106
2b13 f 920 VARIOUS LOCATIONS TXDOT - TARRANT
2510 SW LOOP 820
FT WORTH, TEXAS 76133
2013 ( 321 US 287 TXD07 - WF
1601 SOUTHWEST PKWY
WICHiTA FALLS, TEXAS 76302-4906
2013 P 323 VARIOUS LOCA76QNS KEN-DQ CONTRACTING, LP
Po Bax zoal
dESOTO,TEXAS75123
2013 / 324 FM 548 @ KR(?GER DRIVE HAWKINS CONSTRUCTIC7N, ING.
PO BOX 1636
TARPC7N SPRING, FL 34688-1636
2�13 ! 327 FM 6B3 ED BELL CONSTRUCTION CdMPANY
PCJ BOX 540787
DALLAS, TEXAS 75354-Q787
20131 329 FM 2499 @ LIVE OAK CI1Y C7F HIGHLAND VILLAGE
100b HIGHLAND VILLAGE RD
HIGHLAND VILLAGE, TEXAS 75�77
s �zs,oao.00 TRAFFIC SIGNAL INSTALL
$ 363,000.00 PERM & TEMP TRAFFIC
SIGNAL INSTALL
i. ••, r �: �4 `��� ' � �! ..
S 417,155D6 LIGHTING PHASE II &
PARKING LOT LIGHTS
$ 105,000,oa TRAFFIG SIGNAL INSTALL
5 105,UQ0.00 TRAFFIC SIGNAL INSTALL
$ 447,�OQ00 PERM & TEMP TRAFFIC
SIGNALINSTALL
S 152,875.00 TRAFFIC SIGNAL INSTALL
BNSF TOWERS 55
S 111,oao.00 TRAFFIC SIGNAL INSTALL
S &15,OQ0.00 NC}N-SIiE SPECIFIC
$ 91,300 00 MAINTENANCE
s i 7o,00a.00 SOLAR PWRD CROSSWALK
SYSTEM & SOLAR PWRD
DRIVER SPEED AS5Y
S 135,65Q OQ TRAFFIC SIGNAL INS7ALL
S 28D,964.00 PERM & TEMP TRAFFIC
SIGNALINSTALL
S 182.�00.00 TRAFFIC SIGNAL
IMPR(7VEMENTS
�
DURABLE SPECIALTIES, INC. Exhibit ��F��
P.O. BOX 535969 • GRAND PRAIRIE, TX 75053-5969 • PHONE 1-972-296-6324 • FAX 1-972-780-741 1
DURABLE SPECIALTIES, INC. WORK EXPERIENCE
MAJOR CONTRACTS 2013
CONTRACT SCOPE OF WORK YEAR/JOB # LOCATED NAME AND
AM7 J§[1���SS
.� �..,,_. _.mm. ��_.._...... ..,_ ..._,M....... ...__�_... —. ..� �w —�_.�� wa__.�. e.....,....._,_ .,
� 1,5��,OOO.DO NON-51TE SPECIFfC 2013 / 330 VARIOUS ¢.L�CIi i kC�N ; TXDO7 DALLAS
PO BOX 183067
DALLA5, TEXAS 75313-3667
S 390,662 00 TRAFFIC SIGNAL INSTALL 2Q13 / 331 KENTUCKY STREET AT NORTH TEXAS CONTRAC7ING
VARIOUS LOCATIONS Pd BdX 468
KELLER, TEXAS 76244
5 222.101.d0 STREET LIGHTING & SCHOOL 2013 f 335 EAST �ROAD STFdEEi XIT PAVING & CONSTRUCTION, ING.
ZdNE FLASHER 3934 S. HIGHWAY 287
WAXAHACHIE, TEXAS 75165
5 109,100.(}0 TRAFFIC SIGNAL Ih157ALL 2d13 / 336 SH 289 REBCON, INC.
1868 W NORTHWE3T HWY
DALLAS, TEXAS 75220
S 120,�00 00 TRAFFIC SIGNAL INSTALL 2013 / 337 FM 3629 TXD(JT - TARRANT
z5�a sw LooP szo
FT WORTH, TEXAS 76133
S 136,900 Od TRAFFIC SIGNAL INSTALL 2013 ( 338 INDEPENCE PKWY A7 KELMSCOT CITY OF FRISCO
DRIVE 6101 FRISCC} SQUARE BLVD
3RD FLO(3R EAST
FRISGO, TEXAS 75034
S 1b2,650.00 2011 INTERSEC71dN 2013 ( 34Q VARIdUS LOCATIdNS MCCLENDON CONSTRUCTION
CAPACITY IMPROVEMENT PO BOX 999
BURLESC7N, TEXAS 76097
83
THE AMERICAN INSTITUTE OF ARCHITECI�"b't ��F��
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, THAT V11E Durable Specialties, Inc.
P.O. Box 535969 Grand i�r�crie TX 75050
as Principal, hereinafter called the Principal, and Great American Insurance Company
301 East Fourth Street Cincinnati OH 45202
a corporation duly organized under the laws of the State of OH
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Denton, TX
TX
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Am���nt g��1
Dollars ($ 5% GAB ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for RFP 5442/ Intersection Traffic Control Construction
NOW, 7HEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contraci with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and materials fu�nished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obfigee the difference nat to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise
to remain in full force and effect.
Signed and sealed this 6th day of February , 2014
�� . .
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Durable ��ecialties. Inc.
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.�, � ��.;�� ��t As��eric�r��.�.r��urance Com
,� �•' '� �`Sur�tyi
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AI.4 DOCUMENT A310 • V ,� FEBRUARI' 1970 ED • THE AMERICAN
INSTITI!T� OT .:tid�'IL#'I"�� i 1,.. �3� iV.l'. A1'E_, N.V1'., ��'ASIiINGTON, D.C. 2U(N)6
84
S9 Q29AB (2/11)
Exhibit "F"
GREAT AMERICAN INSURANCE COMPANY�
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740
,- , � . . -..
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POWEI2 OF A'I"I'URNEY
ICNOW ALL MElY B'Y TI�ESE PI2ESENTS: That the G12EAT AMERICAN INSURA]VCE COMPANY, a corporation organized and exisring under
and hy virtue of the laws of the Slale of Ohio, does hereby nominate, consYitute and appoint the person or persons named below, each individually if more than
one is named, its true and lawful atlomey-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,
undertakings and contrac4s of suretyship, or other written obligatians in the nature thereof; provided that the liability of ihe said Company on any such bond,
undertaking ar contract of suretyship executed under this authoriYy shall not exceed the limit stated below.
Name
JACK M. CROWLEY
STEVEN R.FOSTER
PATRICIA A. SMITH
MARIE PERRYMAN
Address
ALL OF
ADDISON,
TEXAS
Limit of Power
ALL
$75,000,000.00
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s}-in-facY named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be sigried and attested by its appropriate
officers and its corporate sea] heeeunto affixed Yhis 215� day of, JULY, 20i 1.
AtteSY
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GREAT AMER[CAN INSURANCL COMPANY
STATE OF OHId, COIJNTY OF HAMILTdN - ss: nawn c�TCwri (sts-atzaeoz)
On tttis 21� day of JULY, 2011, before me personally appeared DAVID C. KITCHIN, to me known, being duly swom, deposes and says that he resides in
Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, [he Company described in and which
executed the above instrument; that he knows the seal of the said Company; that ihe seal affixed Ya the said instrument is such corporate seal; that iY was so affixed
by authority of his office under the Hy-Laws of said Company, and that he signed his name thereto by like authority.
KAREN L. GROSHEIM
'"` ' MOTARY PUBLIC, STATF OF OHIO
g� �° Y� MY CQMMISBION �XPIRES 02-2a16
;� �j
:�:. ��.�
This Power of Attomey is granted by auYhority of the fallowing resolutians adopted by the Board of Directors of Great American Insurance Campany
by unanimous written consent dated June 9, 2008. �
RESOLC�ED: T%8Q1 /I12 DBVdS80Y1QI PYCShcIC7tF, the several Divisional Senior Yice Presidents, DIVlS101YQI VBCC PYC58(IC1tP5 Qt1CI Ii[V8SlO18QI fiSSlS[�/dl VBCC
Prestdenes, or axy one of thern, be and hereby is authorized, from tlme to time, to appoinl one or more Attorneys-in-Fact to execule on behalf of the Campany,
as surety, any and alt bonds, undertakings and contracts of sureryship, or other writlen obligalions in lhe nature lhereof,• !o prescribe lheir respective duties
and the respeclive limils of thetr authoriry; and to revoke any such appointmeni at any time.
RESOLVEl3 FU127'HER: Thai !hc Compa�sy seal arad the signature of any of lhe aforesaid o�cers and any Secretary or ,4ssistant Secretary of the
Company may be a�xed by facsimile to any power of attorney or certifecaae of either given for the execucion of any bond, undertaking, coneract of sureryship,
or olher written obligataon in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the originat signature ofsuch
officer and the ariginal seal of the Company, eo be valid and binding upon the Company with the same force and e�j'ect as though manually aff`rxed.
,[I�'�IFC�7►1
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the fbregoing Power of Attorney and
the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in ful] force and effect.
Signed and sealed this ( ttl dayof FebYU3iy , 2�14
,r ��.
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S1029Y (10lOB)
85
Exhibit "F"
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Purchasing Department
901-B Texas St.
Denton, TX 76209
(940) 349-7100
www.dentonpurchasing.com
ADDENDUM # 1
R F P # 5442
For
Construction of Traffic Control
I ntersections for the City of Denton
Issue Date: January 31, 2014
Response due Date and Time (Central Time):
Thursday, February 6, 2014, 2:00 p.m.
86
RFP # 5442
ADDENDUM # 1
Addendum # 1 to be returned with Proposal
The following are changes to the specifications:
NO OTHER CHANGES AT THIS TIME.
This form should be signed and returned with your proposaL
Name: �°���c . 6�'��`�
, - _
�•�' . � . "� ��
_ �,� � ��- ._,
Signature: ,�: -� �.-� �
Company: Jr� f� � �c fc���"a°�s . /t� �
Title: �f �� - r�.s �c-��
Date: Z ° 6 °/
87
Exhibit "F"
, 1, �; . �
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: , �' � � � ' � ,
]. Contractor Name : Uurable Specialties, Inc.
2. Address (Principle Place of Business: 2302 Padclock Way Dr., Grand Prairie, TX 75U50
3. Does your company have an established physical presence in the State of Texas, or the City of
Denton? Yes. in the State of Texas
4. Tax Payer ID#: 75-1963459
5. Email Address of Primary contact: I'ati•ick;a;durablespecialties.com
6. Website Address: N/A
7. Telephone:972-296-6324
8. F�:972-78U-7411
9. Other Locations: N/!�
l0. Organization Class:
Coapoi ation
11. Date Established: Jtine 15, 1984
12. Former Business Name: N/A
13. Date of Dissolution: N/A
14. Subsidiary of : l�T/!�
15. Historically Underutilized Business: No
16. Principals and Officers: See att�ched sheet
Please detail responsibilities with the name of each principal or officer,
17. Key Personnel and Responsibilities: See altached sheet
Please detail responsibilities with the name of each key personnel.
Page 42 of RFP # 5442
68
, ! `( � ■ j '1
P.D. BOX535969 • GRAND PRAIRIE, TX 75053-5969 • PHONE 1-972-296-6324 • FAX 1-972-780-7411
� Cr,rua�y �th zo� a
Contractor `amc & Address:
Durable Specialties, Inc.
PO I3ox 535969
Grand 1'rai�-ie, "I�exas 75030
Key I'ersonnel:
Jeff 13ryan, Owncr
38 years experience in traific signalization construction
29 years as owner of the campany
leferino Luna, Superintendent
29 years experience in traific signalization constructian
29 years with the company
Kevin Holter, Superintendent
20 years experience in trafiic signalization construction
19 years with the company
Durable Specialties has constructed traftic signalization projects f��i• 29 years with in-
house crews. We have done about 1,200 traffic signalization prajects with aur in-house
crews and in thc last three years we have done about l 50 traftic signalization projects.
Safety Record: All oi• ow' ti•aff°re signal projects were completed, turned on and passed tlle
required 30 day test period without any safety problems.
ss
, � ,, �
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18. Number of Personnel by Discipline:
19.
Discipline Number of Staff # Licensed or Certified
20. Services Provided by Firm:
Please provide a detailed listing of all services that your company provides.
Please detail your prior experience working on similar projects with Texas govemmental
entities.
Please detail your similar services provided over the past two (2) years.
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.
21. 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. No.
22. 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.
23. 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.
24. 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.
25. Has your company implemented an Employee Health and Safety Program compliant with 29
CFR 1910 "General Industry Standards" and/or 29 CFR 1926 "General Construction
Standards" as they apply to your Company's customary activities?
lrtt��llu�w°s�v����3_��tr��M1��1�,'c��;latir�a�el�+ft�i�°���;��c:f�.��.at��:�� 9���•�a�`?� �1t7�: i��a� �}�..f"��IL}I�I�I�`�c�:�r lc��
_leve1=18cp ke,yvalue=1926
26. Please indicate the total number of projects your Firm has undertaken within the last five
years?
27. Insurance Information
a. Name of Insurance Carrier: Continental C;asualty Ins. Co,
b. Agent Name: Frank Si�ldons
c. Address of Agency: 29U0 Marquita Drive
d. City/State: I'ort V>>ort11, TX 76116
e. Phone Number: 317-7�7-4943
f. Email address of Agent: h�raveilorra;fsi.f'w.com
. .. , . ,,
.,
,
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�' ' •: � , • ' �
28. List all subcontractors whom respondent estimates will fulfill 15% or more of the contract:
29. Resident/Non-Resident Bidder Determination:
Texas Govemment Code Section 2252.002: Non-resident bidders. Texas law prohibits cities
and other governmental units from awarding contracts to a non-resident firrn unless the
amount of such a bid is lower than the lowest bid by a Texas resident by the amount the
Texas resident would be required to underbid in the non-resident bidders' state. In order to
make this determination, please provide the name address and phone number of:
a. Proposing firms principle place of business: 2iO2 l.'addock Way :Dr., Grand Prairie,
"!�X 7>OSO
b. Company's majority owner principle place of business: ?302 Paddock ���ay Dr.,
Grand Prairie, 'I'X 7�050
Ultimate Parent Company's prineiple place of business: 2302 Paddock VJay Dr.,
Crrand :Prairie, 'I'X 7�OS�
. � .. ,,
.
CITY OF DENTON Exhibit "F"
CONSTRUCTION OF TRAFFIC INTERSECTIONS
. �—
, � �• � � � . ;.
The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government Code,
and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to
Section 252.0435 of the Local Government Code, tlie City of Denton has adopted the following written
definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City
contracts.
The definition and criteria for determining the safety record of a bidder for this consideration shall be:
The City of Denton shall consider the safety record of the bidders in determining the responsibility
thereof. The City may consider any incidence involving worker safety or safety of the citizens of the
City of Denton, be it related or caused by environmental, mechanical, operational, supervision or any
other cause or factor. Specifically, the City may consider, among other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health
Review Commission (OSHRC), against the bidder for violations of OSHA
regulations within the past three (3) years.
Citations (as defined below) from an Environmental Protection Agency (as defined
below) for violations within the past five (5) years. Environmental Protection
Agencies include, but are not necessarily limited to, the U.S. Army Corps of
Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the
Environmental Protection Agency (EPA), the Texas Commission on Environmental
Qua]ity (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC)
(predecessor to the TCEQ), the Texas Department of Health (TDH), the Texas
Parks and Wildlife Department (TPWD), the Structural Pest Control Board
(SPCB), agencies of local governments responsible for enforcing environmental
protection or worker safety related laws or regulations, and similar regulatory
agencies of other states of the United States. Citations include notices of violation,
notices of enforcement, suspension/revocations of state or federal licenses or
registrations, fines assessed, pending criminal complaints, indictments, or
convictions, administrative orders, draft orders, final orders, and judicial final
judgments.
c. Convictions of a criminal offense within the past ten (10) years, which resulted in
bodily harm or death.
d. Any other safety related matter deemed by the City Council to be material in
determining the responsibility of the bidder and his or her ability to perform the
services or goods required by the bid documents in a safe environment, both for the
workers and other employees of bidder and the citizens of the City of Denton.
In order to obtain proper information from bidders so that City of Denton may consider the safety records of
potential contractors prior to awarding bids on City contracts, City of Denton requires tllat bidders answer the
following three (3) questions and submit them with their bids:
Page ] 02 of RFP # 5442
92
CITY OF DENTON Exhibit "F"
CONSTRUCTION OF TRAFFIC INTERSECTIONS
QUESTION ONE
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone
acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within
the past three (3) years?
YES NO�e�,......
lf the bidder has indicated YES for question number one above, the bidder must provide to City of Denton,
with its bid submission, the following infor�nation with respect to eacli such citation:
Date of offense, location of establishment inspected, category of ofiense, final disposition of offense, if any,
and penalty assessed.
QUESTION TWO
Has the bidder, or the firm, corporation, parinership, or institution represented by the bidder, or
anyone acting for such �rm, corporation, partnership or institution, received citations for violations of
environmental protection laws or regulations, of any kind or type, within the past five years? Citations
include notice of v'rolation, notice of enforcement, suspension/revocations of state or federal licenses, or
registrations, Cnes assessed, pending criminal complaints, indictments, or convictions, administrative
orders, draft orders, final orders, and j�udicial final judgments.
YES NO X
If the bidder has indicated YES for question number two above, the bidder must provide to City of Denton,
with its bid submission, the following information with respect to each such conviction:
Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense,
if any, and penalty assessed.
QUESTION THREE
Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for
such firm, corporation, partnership, or institution, ever been convicted, within the past ten (]0) years, of a
criminal offense which resulted in serious bodily injury or death?
YES NO X
If the bidder has indicated YES for question number three above, the bidder must provide to City of Denton,
with its bid submission, the following information with respect to each such conviction:
Date of offense, location where offense occurred, type of offense, final disposition of offense, if any, and
penalty assessed.
Page l Q3 of RFP # 5442
93
uRQBLE PEC'/�LT'E$, 'NC. Exhibit "F"
P.O. BOX 535969 • GRAND PRAIRIE, TX 75053-5969 • PHONE 1-972-296-6324 • FAX 1-972-780-741 1
DURABLE SPECIALTIES, INC.
REFERENCES
CITY OF FT. WORTH CITY dF FRISCO
5001 JAMES AVE ,#301 6990 MAIN STREET
FT. WORTH, TEXAS 76115 FRISCO, TEXAS 75Q34
ATTN: MARK MATHIS-ENGINEER, KEN BROCK-INSPEG70R ATTN: BRIAN MOEN-ENGINEER
817-392-7974 OFC 972-335-5586 OFC
817-392-2533 FAX 972-731-4945 F,4X
CfTY OF ALLEN
305 CEN7URY PARKWAY
ALLEN, 7EXAS 75013
ATTN: DAVID WHITEHEAD-ENGINEER, MIKE KEALY-INSPECTOR
214-509-4580 OFC
214-509-459Q FRX
7XDdT dALLAS
PC3 BOX 133067
DALLAS, TEXAS 75313-3067
ATTN: CHRIS BLAIN-ENGINEER, GREG PERKINS-fNSPEC7�R
214-32�-610d OFC
2i4-320-4492 FAX
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CITY OF DUNCANVILLE
330 SHADY TRAIL
DUNCANVILLE, TEXAS 75138
S7EVE MILLER-ENGINEER, JOHN BORCHARDT-INSPEG70R
972-780-5059 OFC
972-780-6461 FAX
CITY OF DALLAS
1500 MARILLA STREET
bALLAS, TEXAS 75201
STEVE CHERRYHOLMES-ENGINEER
214-670-3113 dFC
2i4-670-3292 FAX
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GITY OF MCKINNEY
1550 S CQLLEGE
MCKINNEY, 7EXA8 75070
ATTN: SCOTTY STEWART
972-547-7350 OFC
972-548-1052 FAX
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CITY dF DESOTO
809 WEST SPfNNER ROAD
DESOTC7, TEXAS 75115
MATT MfSER-5UPERVISOR, BRAD RUSSELL-INSPEC70R
972-23�-5714 OFC
972-223-9518 FAX
TOWN C}F ADDISON
16801 WEST GROVE DRIVE
AddISON, TEXAS 750d1
JdHN THOMPSC7N-ENGINEER ROBIN JC7NES-ENGINEER, BRANDON GRAHAM-INSPEC70R
972-450-2871 OFC
972-450-2837 FAX
CITY OF MESQfJITE
1515 NC7RTH GALLC7WAY AVENUE
MESQUITE, 7EXAS 75185
SRINI MANDAYAM-ENGINEER, FRANK GANTRELL-INSPECTOR
972-216-6357 OFC
972-216-6360 FAX
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The undersigned agrees this Proposal becomes the property of the City of Denton after the official opening.
The undersigned affirms he has familiarized himself with the specification, drawings and other documents; the local
conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage
of materials and equipment; and all other matters that will be required for the work before submitting a proposal, ln
submitting a proposal the undersigned fureher understands that the work required is to provide construction of the project
that functions as described in the specification. The undersigned understands that all requirements of the construction
may not be described in every detail and agrees to provide labor, tools, material and equipment necessary to complete all
construction to make the fence functional as described in the specification and drawings before submitting a proposal.
The undersigned agrees, if this proposal is accepted, to furnish any and all items/services upon which prices are offered,
at the price(s) and upon the terms and conditions contained in the specification. The period for acceptance of this
Proposal will be ninety (90) calendar days unless a different period is noted.
The undersigned affirms that they are duly authorized to execute this contract, that this RFP has not been prepared in
collusion with any other Proposer, nor any employee of the City of Denton, and that the contents of this RPP have not
been communicated to any other proposer or to any employee of the City of Denton prior to the official opening of this
bid.
Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise under
the antitrust laws of the United States, 15 USCA Section 1 et se ., and which arise under the antitrust laws of the State of
Texas, Tex. Bus. & Com. Code, Section 15.01, et seq.
The undersigned affirms that they have read and do understand the specifications and any attachments contained in this
RFP package.
The undersigned agrees that the RFP posted on the website are the official specifications and shall not alter the electronic
copy of the specifications and/or pricing sheet (Exhibit 1), without clearly identifying changes.
The undersigned understands they will be responsible for monitoring the City of Denton Purcl�asing Website at:
littp://www.cityofdenton.con�!index.aspx?pa�e=397 to ensure they have downloaded and signed all addendum(s)
required for submission with their proposal.
I certify that I have made no willful misrepresentations in this Proposal Submission, nor have 1 withheld information in
my statements and answers to questions. I am aware that the information given by me in this proposal will be
investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be
rejected. �
Acknowledge receipt of following addenda to the proposal�
Addendum No 1 Dated i°3'"'1 �_ Received
_..._ - ..
Addendum No 2 Dated Received _
Addendum No 3 Dated T Received �
NAME AND ADDRESS OF COMPANY: AUTHORIZE `�,�^,�.1'1�"�l�l�[l;,�i�TIVE:
,_
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��ra� e S�¢c�c�.I�i��S. �/Ir.. Signature � � �- �° �. �...... _ -:_...___._._...—
n�.� .. � . �r
i�C� c� r�Y 5-3.5�9� � Date `" 6`�` `�
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��`� r; ;!� / r::r r r��c� � 1t� ......f��C�'.� Name PQ �Pr'c�' G�r yca r�
Title ���G 'P��s���n �"
Tel. Na �17�V z ��'� 32. � _ _._----
Email. ......._�k�f1el� �OVr«6�������a!'�`,��, c���'m
FaxNo. %7Z- 71�0- r�//
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95
Exhibit "F"
Respondent's Name: Durable Specialties, Inc.
RFP 5442 - Pricing Sheet for CONSTRUCTION OF TRAFFIC CONTROL INTERSECTIONS
The respondenl shal! canple�e !he jollowi�ig seclion, which directly corresponds 10 lhe specificalions. The conh�aclor sha!! no! rrtake changes ro Ihrs format.
Product Proposal Pricing:
We are estimatling on 10 intersections a year for 3 years — 30 intersections for the total estimated amount.
_ _
EST.
Item ANNUAL Product Description Description 2
QTY ' UOM Unit Price Extended Price
. _ _ _ -
1 840 LF ''Trench 2" PVC Schedule 80 Fumish and Install $ 10.00 '$ 8,400.00
2 1,700 LF Trench 2" PVC Schedule 40 Furnish and Install $ 9.00 '$ 15,300.00
_ --_ __
3 900 LF Trench 3" PVC Schedule 40 Purnish and Install $ ll.00 '$ 9,900.00
. _ _
4 1,820 ' LF Trench 4" PVC Schedule 40 Furnish and Install $ 10.00 $ 18,200.00
_ .
5 460 LF Trench 6" PVC Schedule 40 Furnish and Install $ 17.00 $ 7,820.00 ,
6 600 LP Directional bore 2" PVC Schedule 80 Furnish and Install $ 21.00 $ 12,600.00
_ -- - --
7 600 ' LF Directional bore 2" PVC Schedule 40 Fumish and Install $ 20.00 $ 12,000.00
8 1,650 LF Directional bore 3" PVC Schedule 40 Furnish and Install $ 20.00 $ 33,000.00
9 1,650 LF Directional bore 4" PVC Schedule 40 Furnish and Install $ 21.00 $ 34,650,00
----- _ _ _ __
] 0 500 LP Directional bore 6" PVC Schedule 40 Purnish and Install $ 30.00 $ 15,000.00
.__ .
11 160 LF Rigid Metallic Conduit (RM) 1" Furnish and Install $ 12.00 $ 1,920.00
_ _ _ __ __
12 160 LP' Rigid Metallic Conduit (RM) 1.5" Purnish and Install $ 14.00 $ 2.240.00
_
13 210 LF Rigid Metallic Conduit (RM) 2" Furnish and ]nstall $ 15.00 � 3,150.00
_ -
14 320 LF Rigid Metallic Conduit (RM) 3" Furnish and lnstall $ 23.00 $ 7,360.00
. . _ . . _
15 320 LF Rigid Metallic Conduit (RM) 4" Fumish and Install $ 25.00 $ 8.000.00
16 ' 24 EA ,Rigid Metallic Conduit (RM) various sizes on timber poles Remove $ 100.00 $ 2,400.00
17 12 EA Ground box Type B with apron Fumish and Install $ 780.00 $ 9,360.00
_ _ - -
_ __
18 12 EA Ground box (city su��nlicd box only) Type B with apron Fumish and Install $ 600.00 $ 7.200.00
____ _
�
19 40 EA Ground box Type D with apron Fumish and install $ 800.00 $ 32,000.00
20 40 EA Ground box (cit� supplicd bos onl} } Type D with apron Purnish and Install $ 600.00 $ 24,000.00
_ _
21 48 EA Ground box with apron Remove $ 100.00 $ 4,800.00
� ra ic s�gna ca met wi tertnmations pa mounte no
22 4 �A �oncrete or base Install $ 7,500.00 $ 30,000.00
ra ic stgna ca met re away ase an concrete pa
23 10 EA �g�x9'x6"1 Furnish and Install $ 2,400.00 $ 24,000.00
24 3 EA ��ffic si�nal cabinet concrete vad (8'x9'x6"} Furnish and Install $ 2,] 00.00 $ 6,300.40
25 4 EA Traffic sienal cabinet (oad mounted) with base Remove $ 500.00 $ 2.000.00
26 4 EA Traffic sienal cabinet (uad mounted) with base and concrete qad Remove $ 900.00 $ 3,600.00
.. _ _ -
27 3 EA Traffic signal cabinet concrete pad Remove $ 400.00 $ 1,200.00
attery ac up umt extema ca met on tra ic signa
28 ]0 EA �abinet Install $ 600.00 $ 6,000.00
--' ___ _ —
eter pe esta service wi terminations pa rnoun[ no
29 2 EA �oncrete aad Install $ 2,000.00 $ 4,000.00
_ _ _ __
eter pe esta servrce v✓� termrnations pa mounte ) wt
30 10 EA �oncrete nad Fumish and Install $ 5,000.00 $ SQ000.00
96
Exhibit "F"
Respondent's Name: Durable Speciaities, Inc.
RFP 5442 - Pricing Sheet for CONSTRUCTION OF TRAFFIC CONTROL INTERSECTIONS
The responde�r! shall comple�e !he jollowing seclion, which direclly corresponds lo �he specificalrons. The conlraclor sha!! no� make changes to lhis forntar.
Product Proposal Pricing:
We are estimatling on 10 intersections a year for 3 years — 30 intersections for the total estimated amount.
�sr. _ _ _ _ _ _ —
Item ANNUA� Product Description Descriptlon 2
qTY UOM Unit Price ' Exteoded Price
31 2 EA Meter nedestal service concrete pad Furnish and Install � 900.00 $ 1,800.00
32 4 EA Meter pedestal electrical service and concrete pad Remove S 500.00 $ 2,000,00
33 4 EA Electrical service, overhead Remave $ 500.00 $ 2,000.00
34 320 LF ��_� �r .�fal �ii9� foundation with f csur�d r�krJ, (:�nss C" concrete Furnish and lnstal] $ 175.00 $ 56,000.00
35 48 LF 30-A Si�al pole foundation with praund rod, Class C concrete Furnish and lnstal] $ 200.00 $ 9,600.00
36 52 LP �� ������� ��� foundation with x•�und reicl, Class C cs����e-ctc Furnish and Instail $ 225.00 $ 11,700.00
37 72 LF �� ���,�t�l �c�i'e foundation with rt�u�td s��asl, Cia�� C concrete Fumish and lnstall $ 245.00 $ 17,640.00
38 528 LP 48-A SiQnal pole foundation wi4h �round rod, Class C concrete Furnish and lnstall $ 275.00 $ 145,200.00
39 12 EA �i ��� a��� �o�s�cisaii�srr {18" below r����n�l mdt7urnts�n} Remove $ 500.00 $ 6,000.00
40 16 EA f.om,. Rqust �trm n1:,��3�aaal�� p��iilt 5{k°-G5' mast arrn Install $ 1,800.00 $ 28.800.00
-- Loir�z I�i;i�i '1�m ! �i;,,� �,rt� x p xvil �� � ->., i'�as�t arm, no urnsn�tr�� _ — - �
41 4 EA or ILSN �nsr Install $ 900.00 $ 3,600.00
42 6 EA Lon�z \last �1rm Pole Cnstall $ 900.00 '.G �,�t3(7'.�i�?
43 6 EA �.�}it,� i�qast nrm 50'�6g' Install $ 900.00 $ 5,400.00
_ __ , _ _ _ :-
44 8 EA �,�ma Mast :1rm (nssemhl� ) with 50'-65' mast arm Remove $ 1,100.00 $ 8,800.00
45 _ 8 EA l,sis i-L�=� lrria �U'-�a�` __ _ Remove $ 600.00 $ 4.800.00
_ __ _ _ _
! 46 8 EA Sin�_Ic �I:�ti� nr�n (Asscn,hh•1 with 36'-48' mast arm Install � 1,�(1f�,�l�l $_ 9.600.00
_
Sicir.ly; �tast ltrm (l�:;srnrbl} } tvl[�9 ��r'�1�' mast arm, no
47 4 EA ���naire or 11,5�1 arm install $ 650.00 $ 2,600.00
__
_. _ _ _ _
48 4 EA Sinrlir'�P jsi /�riri f'�rls� {`it�r a 36'-48' acnt) lnstall $ 650.00 $ 2,600.00
49 ' 4 EA Sinelc Ma,t Arm 36'-48' Install $ 650.00 $ 2,�i�}(1.{�U
__ _ _ _ _ __ _ _ __
50 8 EA ti1i!+�J� Matit nrni t�'1,w��� iii31�. j�*ith a 36'-4$' mast arm Remove $ 900.00 '6 7,�i�Q.[)t) '
51 8 EA �in,J�a i�,r£,y �trr�� 3�+'_���' . ._ Remove $ 450.00 $ 3,600.00
, __ _ _ _ _ _
52 2 EA Sinalc Miltil /�I�III (AtiSCI11I7I\') WICIl2O'-32' mast arm Install $ 1,100.00 '� 7.,7f��.�i�Y
__ _
Sin�lc �4ast Arm (Asscnibl� ) with 20'-32' mast arm, no
53 2 EA �uminaire or ILSN arm Instali $ 1,100.00 $ 2,200.00
_-
54 2 EA 5,jrs�+.l� �t,�,� ��ri�r Pole (f�r a 20'-32' ��� Install $ 550.00 S 1,100.00
55 2 EA �,�,s��i§ \��,s� hrm 20'-32' Install $ 550.00 $ 1,100.00 '
__
-- _ __ _ _ __ _
56 4 EA SiEtale ft7usi nrm (Assenil�l� } v✓ith a 20'-32' cnast arnq Remove $ 500.00 $ 2,000.00
_ __ . _ —
. __ _ _
57 4 CA c;E��:_,�� �q�is� ,y�•i.s ��+_3�� Remove $ 500.00 $ 2,000.00
58 4.. EA Strain l'crl�; l,�-,r,c i�9+1� �, 34' .. Install $ 800.00 $ 3.200.00
__—_ _ __ _ _ .
59 2 EA Strain Pole (,�sscinhl� l. 34', no luminaire or 1LSN arms Install $ 800.00 $ 1,6tit1.f1�1
__ _
60 4 �� Strain Pole (Asscmhlv) Remove $ 400.00 $ 1,G�}i1,�7iD
97
Exhibit "F"
Respondent's Name: Durable Specialties, Inc.
RFP 5442 - Pricing Sheet for CONSTRUCTION OF TRAFFIC CONTROL INTERSECTIONS
The respondent shal! complere rhe foJlowrng secrion, which direcdy corresponds ro rhe specificarrons. The conrracror shall nor make changes ro this jorina�.
Product Proposal Pricing:
We are estimatling on 10 intersections a year for 3 years - 30 intersections for the total estimated amount.
_ _ _
____ -
_
EST,
Item ��*���� Product Description Description 2
QTY � UOM Unit Price Extended Price
___ __.-
.
.. _ .
61 ] 6 EA Luminaire Arm 8-10' Install $ ] 50.00 $ 2,400.00
_ _ ._._
62 24 EA Luminaire Arm 25' Install $ 200.00 $ 4,800.00
_ _ ____
_
63 40 EA 'ILSN Arm 7'-9' lnstall $ 100.00 $ 4.000.00
_----- - --- -
_ __ __ _
64 4 EA Luminaire Arm Remave $ 50.00 $ 200.00 '
65 4 EA R,SN Arnt Remove $ 50.00 '$ 200.00 '
_ __ __
__ _ - -
66 12 EA 50', Class 1 timber �ole Install $ 775.00 $ 9,300.00
_ ._ _
67 2 EA 50', Class 1 timber uole Furnish and Install $ 1.800.00 $ 3,600.00
68 4 EA ,50', Class l, timber pole assembly, one tuschor design Furnish and Install S 2.100.00 $ 8,400.00
_ _ _ __ _
- _ _
69 16 EA 50', Class 1, timber calc: ass�ml�l, , two anchor �c;::"r n Furnish and Install $ 2,400.00 $ 38,400.00
_ _. _ . _
_ _ _ __
70 ' 8 EA Timber aole anchor assemblv Fumish and Install $ 275.00 $ 2,200.00
_- - - _ __
71 4 EA Timber oole (entire oole) Remove $ 375.00 $ 1,500.00
i2 4 EA Timber nole (18" below eroundl Remove $ 375.00 $ 1.500.00
73 8 EA
5-section sienal head assemblv Install $ 700.00 '$ 5,600.00 '
74 20 EA 5-section (cluster) signal head assembly Install $ 700.00 $ 14,000.00
_ _ _ __
75 36 EA q_section siartal head assemblv Install $ 575.00 $ 20,700.00
76 72 EA 3_section sienal head assemblv Install $ 450.00 '$ 32,400.00
77 8 EA 5-section f�it� sunnlicd) siRnal head (pole mountcd) Furnish and Install $ 850.00 $ 6,800.00
. _ _ _ _ _-
78 20 EA 5-section (�:lusEer !� ra s�;i� ra+li��l �;si � e�l ia��d ( cal� mc���ntEs�� Furnish and [nstall $ 950.00 $ 19,000.00
79 64 EA 4-section (cit� 5upI�IiCd) SB�718I I108CI (pOIO Sri0Utl1Cd) Fumish and Install $ 750.00 $ 48,000.00
. ..._ . .... ___-_ .. ....___
80 72 EA 3-section Icil� ,unnlic�ll sienal head (nole mountccJl Furnish and Install $ 650.00 $ 46,800.00
81 8 EA 5-section Ici�� suni�licd) sisnal hesd (span mountal} Fumish and Install $ 1,100.00 $ 8,800.00
' 82 8 EA 5-section (cluster} (cii� supnlicd) si�nal head (span mounted} Furnish and Install $ 1,100.00 $ 8,800.00
$3 16 EA 4-section (cit� sunnlic�ll sienal head (snan mountaq Furnish and Install $ 1,000.00 $ 16,000.00
_ _
84 48 EA 3-section (cil� sunnlicdl sisnal head (span mountcJ) Furnish and Install $ 850.00 $ 40,800.00 '
_ _ --
85 48 EA Si�nal head assembly Remove $ I50.00 $ 7,200.00
86 20 EA Reeulatorv sien Install $ 70.00 $ 1,400.00
.___
-- __
87 48 EA Reeulatorv sien (c:i�� s;uni7licdl lpole mounted) Furnish and Install $ 100.00 $ 4,800.00
8$ 36 EA �e�ulatorv si�n (cil� ,uonlicJ) (span mountcd} Furnish and Install '$ 235.00 $ 8,460.00
89 4 ' EA Street name siQn Install $ 140.00 $ 560.00
90 _4 EA Slre�� �Srtot�r 4p y�� �� G�� ;�i � rli� �l ]�€�I�; n��s��il� ci Furnish and Install $ 200.00 $ 800.00
91 4 EA Street name si�n (cit� suni�licd) (span mountrclD Furnish and Inslall $ 300.00 $ 1,200.00
, .- - -
92 24 EA Sie,n (Re¢.ulatorv/Street name) Remove $ 70.00 $ 1,680.00
93 40 EA ILSN Si�n 6' Install $ 300.00 � 12.000.00
98
Exhibit "F"
Respondent's Name: Durable Specialties, Ine.
RFP 5442 - Pricing Sheet far CONSTRUCTION OF TRAFFIC CONTROL INTERSECTIONS
The respondent shall complele !he following section, which directly cor•responds !01he specificalrons. 7he comracror sha!! no! make changes lo lhis forrnal.
Product Proposal Pricing:
We are estimatling on 10 intersections a year for 3 years - 30 intersections for the total estimated amount.
__ _ __
_
__ __
_ -
EST�
Item pNNUa� Product Description Description 2
QTY UOM Unit Price Extended Price '
94 12 EA �LSN Sien 6' Remove $ 200.00 $ 2,400.00
95 40 EA Luminaire iia��tl Install $ 70.00 $ 2,800.00
_ _ _
_
96 4 EA Luminaire head Remove $ 70.00 $ 280.00
_ _
_. _
97 40 EA �y�rid damuener (cit� sunnlicd si�n) for mast arm Furnish and Install $ 250.00 $ 10,000.00
____ _
98 4 EA W�nd tlarxa eG���° f�ar i��tist arm Remove $ 70.00 $ 280.00
_ _. _ ___ _
99 8 EA VNIDS (video detection camera) lnstall $ 250.00 $ 2,000.00
__ _ __ _
]00 12 EA p�ildZoom camera (PTZ) Install $ 250.00 $ 3,000.00
__ _ -- _
101 20 EA pdvance radar detection Install $ 350.00 $ 7,000.00
-- _
] 02 40 EA ��rescaa�c a°��icar c�e:tes�4�un
Install $ 350.00 $ 14,000.00
103 20 EA pnticom detector Install $ 200.00 � 4,dlt)�l.i}Il
__ ...s � __ _ __
] 04 ] 0 EA Wireless radio with antenna(s) lnslall $ 200.00 $ 2.000.00
__
105 2 EA Spread Spectrum Radio (SSR) antenna Install $ 125.00 $ 250.00
--
106 12 EA y��r�l)5 vi��.rr detection ���:7�:r�) Remove $_ 125.00 $ 1,500.00
107 4 EA pan/TildZoom camera (PTZ) Remove $ 125.00 $ 500.00
] 08 4 EA Advance radar detection Remove $ 125.00 $ 500.00
_ --
109 8 EA �s����,nce r�t�ar detection Rernove $ 125.00 � 1,000.00
_ -
. -_ __ _
110 8 EA �� �����i�� detector Remove $ 125.00 $ ].000.00
. __
_ - _ ..
111 4 EA �rri,��s� radio witli �ntc€�nu s} Remove $ 125.00 $ 500.00
_ _ _.
1] 2 4 EA Spread Spectrum Radio (SSR) antenna Remove $ 60.00 $ 240.00
_ _
1 13 2 EA Roadside flasher beacon assemblv (salar powered) Instal] $ 2,500.00 $ 5,000.00 '
_ ._. _ _
114 2 ' EA Roadside flasher beacon assembly Remove $ 650.00 $ 1,300.00
115 48 EA }s��.��{;��� �i��� �th LED insert on metal �ric Install $ 255.00 $ 12,240.00
116 ' 32 �A pedestrian head with LED insert on timber pole Install $ 500.00 $ 1�{i,�(If:}.t)f)
117 48 EA pedestrian button station assembly on metal pole Install $ 70.00 $ 3,360.00
118 32 EA pedestrian button station assembly on timber pole Install $ 125.00 $ 4,000.00
. _ . _ . __ _
119 24 EA pedestrian �ush button oole assemblv Install $ 375.00 $ 9,000.00
120 36 �A pedestrian nush button nole assembly with 4' pole Furnish and Instal] $ 725.00 $ 26,100.00
121 12 EA pedestrian push button pole assembly with 16' pole Purnish and Install $ 1.200.00 $ 14,400.00
__
. ___.__
.__ ___ _ _ _
122 24 EA Pedestrian head Remove $ 125.00 $ 3,000.00
123 24 EA ��d��y����ayy button station Remove '$ 60.00 $ 1,440.00
124 8 EA • Remove $ 255.00 $ 2.040.00
Pedestram aush button pole assembly _
_ _ _ _ __
125 600 LP Zino-coat steel wire strand (3/16 in) Furnish and install $ 2.00 $ 1,200.00
126 1,600 LF Zinacoat steel wire strand (1/4 inl Furnish and install $ 2.00 '$ 3,200.00
��]
Exhibit "F"
Respondent's Name: Durable 5pecialties, Inc.
RFP 5442 - Pricing Sheet for CON57RUCTION OF TRAFFIC CONTROL INTERSECTIONS
The responden[ shal! complete lhe followrng seclion, which drrec[!y corresponds fo fhe specifrcalions. The con[raclor shalJ no1 make changes lo rhis jormat.
Product Proposal Pricing:
We are estimatling on 10 intersections a year for 3 years - 30 intersections for the total estimated amount.
-- _----
EST.
Item ANNUAI Product Description Description 2
qTY UOM Unit Price ' Extended Prlce
127 600 LF ��nc-coat steel wire strand (5/16 inl Furnish and install $ 2.00 $ 1,200.00
128 6,800 LF Zino-coat steel wire strand (3/8 in) Fumish and install $ 2.00 $ 13,600.00
]29 ],200 LF zino-coat steel wire strand Remove $ 1.00 $ 1,200.00
.
_ - ___ _
130 2 EA Entire mast arm pole intersection, 3 pole desiRn Remove $ 2,100.00 $ 4,200.00
' 131 2 BA i Entire mast arm oole intersection. 4 oole desien Remove $ 2,700.00 $ 5,400.00
-- _ _ - - -- -
132 1 EA Entire timber �ole intersection, 3 nole desi�n Remove $ 1,390.00 $ 1,390.00
133 2 �A Entire timber pole intersection, 4 pole desi�n Remove $ 1,800.00 $ 3.600.00 '
134 ]4,200 LF °rraf6c Sienal Cable (Twe Al 14 AWG (7 conductorl Fumish and Install $ 1.00 $ 14,200.00
135 400 LF �'raffic Sienal Cable (Tvoe A) 14 AWG (9 conductor) Fumish and Install $ 1.00 $ 400.00 '
136 400 LF Traffic Si�nal Cable (Type A) l4 AWG (10 conductor) Fumish and Install $ 2.00 $ 800.00
137 4,800 LF Traffic Simal Cable (Twe Al 14 AWG (21 conductor) Furnish and lnstall $ 3.00 $ 14,400.00
138 4,800 LF Traffic �ai f sa� Cable `f` c,�} 14 AWG (�5 cr���cl�et�s� Furnish and Install $ 3.50 $ 16,800.00
139 300 LF Traffic Si�nal Cable (Tvpe Cl 12 AWG (2 conductor) Furnish and Install $ 1.00 $ 300.00
_ __
140 300 LF Traffic Si�nal Cable (Type C) ] 4 AWG (2 conductor) Furnish and Install $ 1.00 $ 300.00
141 300 LF ��°����c Si ��u1 Cable {"1" � C: 18 AWG 2 wnc�uctt�r Furnish and Install S 1.00 $ 300.00
142 950 LF Electric conductor stranded (No. 4 AWG) insulated Fumish and Install '$ 2.00 $ 1,900.00
--- _ . _ . _
143 200 LF Electric conductor stranded (No. 4 AWG) bare Furnish and Install $ 2.00 $ 400.00
144 600 LF ��a��i���; conductor stranded NG�. 6 AGV(;t insulated Furnish and Instell $ 1.00 $ 600.00
___
. __
145 200 LF Electric conductor stranded (No. 6 AWG) bare Fumish and Install $ 1.00 $ 200.00
146 200 LF Electric conductor solid (No. 6 AWG) bare Furnish and lnstall $ 1.00 $ 200.00
__
147 325 LF Electric conductor stranded (No. 8 AWG) insulated Furnish and Install $ 1.00 $ 325.00
148 125 LF Electric conductor stranded (No. $ AWG) bare Pumish and Install $ 1.00 $ 125.00
149 � 4,600 LF Tray Cable 12 AWG (3 conductor) Furoish and Install $ 1.00 '$ 4,600.00
. . _._ _ _
150 4,600 LF •� �.� Cable 14 AWG {� t;�tt�luctt�r� Fumish and Install $ 1.00 $ 4,600.00
15 ] 720 LF Trav Cable 16 AWG (3 conductor) Fumish and ]nstall $ 1.00 $ 720.00
__ _ . _ __ .
152 450 LP Tray Cable 12 AWG (4 conductor) Fumish and Install $ 1.00 $ 450.00
153 320 LF Trav Cable 14 AWG (4 conductorl Fumish and Install $ 1.00 $ 320.00
_ . _. _
154 ' 2,400 LF �'TT Opticom System Cable 20 AVJG (3 conductor} black
sheilded Fumish and Install $ 1.00 $ 2,400.00 '
I55 1,000 LF gelden 7919A Cat SE black sheilded or equal Furnish and Install $ 3.50 $ 3,500.00
156 1,500 LF Multicondutor cable (1/4" O.D. and smaller 1 lnstall $ 1.00 $ 1,500.00
157 1,800 LF Multicondutor cable (5/16 "- 3/8" O.D.) [nstall $ 1.00 $ ],800.00
, . __
158 1,200 LF 'Multicondutor cable (7/16" - 5/8" O.D.) Install $ 1.50 $ 1,800.00
159 1,200 LF Multicondutor cable (11/16" -7/8" O.DJ Install $ 1.50 $ 1,800.00
100
Exhibit "F"
Respondent's Name: Durable Specialties, Inc.
RFP 5442 - Pricing Sheet for CONSTRUCTION OF TRAFFIC CONTROL INTERSECTIONS
The responden[ shall complete !he follotivrng sec�ian, whrch direcdy corresponds !o !he specifrcalions. The contraclor shal! no� make changes to Ihrs formar.
Product Proposal Pricing:
We are estimatling on 10 intersections a year for 3 years — 30 intersections for the total estimated amount.
Item
Q7Y UOM'
160 1,500 LF ��
]61 1,500 ' LP Si
162 .1,500 LF Si
163 1,500 ' LP ��
Additional Services
Product Description
s�r multicondutor cable (1 /4" O.D. and sm�sl
or multicondutor cable (5/] 6"- 3/8" O.D.)
or multicondutor cable (7/16'° - 5/S°° O.D.}
or rt�uliicc�rtduie�r cable ( l 1/16" -7/8" l},l)�')
Descriptlon 2
Unit Price Extended Price
Remove �I, $ 0.50 $ 750.00
Remove $ 0.50 $ 750.00
Remove $ 0.50 $ 750.00
Remove �� $ 0.50 $ 750.00
Total Cost of Products (Annual) $ �,396,500.00
.__ .
. __
Item UOM Prods�ct �1�sc�iptior� Description 2 Unit Price
] 64 E�at�rl �ontractor Services Price Per Hour with Aerial Truck This includes aerial & gound services , $200.00
This includes aerial, growd, end span
165 Piniuly Contractor Services Price Per Hour for span wire intersections pole instailation/removai services 5400.00
7tus includes aerial, gound, and mast '
166 ' Houriy Contractor Services Price Per Hour for mast arm pole intersections ami uole installation/removal services. '' $400.00
. _ _ _._ _ _ _ _ _ . -
'Percent of total purchase order amount
167 % Mt�!>�9ax�s13n�� (Smaller projects) nut ia cscrc.d ��"6 10
. _-
_ __
168 Ea Mobilization oer Interseetion For complete intersecaon builds $2,500.00 '
-- _ __ . — _
c e u 4�e�ie cmeaPractor c�n starf a
si�¢al projecY in Denton altcr ioiriicc iu
169 Days 'Cimeline to start Projeci piucc��d ihr�5urh a pu�ehasa c}�de� 50
Emergency response for a contractor tQ
� 7(} { �� y i\n i� al time to start Emergency Pro}ect repair/replace signals in Denton 4
fibS
RFP #5442
Exhibit "F"
Addendum # 1
GENERAL NOTES FOR BID LINE ITEMS:
All materials shall be of the latest City of Denton / TXDOT specifications with their
corresponding item codes
Install items shall be with city supplied materials unless otherwise noted on line item
Furnish and install items shall be with contractor supplied materials unless otherwise noted on
line item
All bid line item installations shall be completed with terminations and fully operational after
installation
Ground box, signal cabinet pad, and meter pedestal pad installations shall include conduit stub
ups and tie-ins with bell ends at the end of each conduit.
Traffic signal cabinet base shall be Armorcast A6001848X24TXDT or a predetermined city
approved equal.
Meter pedestal service shall be Electrol systems, TXDOT standard green powder coated
aluminum type D pedestal, TYD 120/240 070 (NS)AL(E)PS(U): 1-SOa/1p for traffic signal, 2-
20a/1p for lighting, 1-15a/1p for control circuit, interior photo cell with windows, 30 amp
lighting contactor, and HOA selector switch.
All mast arm or timber pole assemblies shall include pickup and delivery from and to job site in
Denton unless contractor supplied.
Timber poles shall be creosote-treated southern yellow pine and shall be set using approved
expanding foam method.
Furnish and Install timber pole assemblies include a one or two anchor design, and in each case,
shall contain all connecting hardware for each strand wire support and each pole anchor guy.
Some installations may include a guy spreader.
Timber pole anchors shall be set using Class C concrete and contain all guy cable and
connecting hardware from anchor to timber pole.
Pedestrian head installations on timber poles shall include a NEMA type 3R junction box with a
liquid tight conduit to each pedestrian head and associated mounting hardware.
Pedestrian push button station installations on timber poles shall include a liquid tight conduit
to pedestrian head junction box with associated mounting hardware.
Pedestrian push button pole assembly furnish and installs shall contain Pelco parts consisting of
1 EA: PB-5335-GL-PNC, PB-5306, PB-5325, PB-5401, AND PB-5100
�
102
Exhibit "F"
RFP #5442 Addendum # 1
GENERAL NOTES F�R BID LINE ITEMS:
Rigid metallic (RM) conduit shail contain appropriate weather head and mounting hardware.
Salvage existing traffic signals and equipment as shown on plans and as directed by the City of
Denton. Removal of each intersection shall include all above and below ground traffic signal
related items except for electrical services. Conduit stub ups and concrete foundations must be
removed 18" below ground and then can be abandoned. ADA ramps and pavement markings
are excluded.
Wind dampener (dampening plate) only will be supplied by the city; all other mounting
hardware shall be provided and installed by the contractor.
Traffic signal pole foundation anchor bolts will be supplied by the city at time of foundation
installation.
Long and single mast arm assemblies will contain a vertical pole assembly, a mast arm, a
luminaire arm, an ILSN arm, and an anchor bolt base cover.
Strain pole assemblies will contain the vertical pole, a luminaire arm, an ILSN arm, and an
anchor bolt base cover.
Install signal head items shall include labor only for a complete assembly using LEDs, visors,
backplates, and mounting hardware.
Furnish and Install signal head items shall include labor only except for contractor supplied
Pelco AS-0125/AS-0138 signal head mounting hardware for pole mount or SP-3058-TX-ALO/AS-
0138 signal head mounting hardware for span mount.
Furnish and Install Regulatory and Street name sign items shall be a city supplied sign and line
item cost will only include the sign's mounting hardware and labor.
Timeline to complete each workorder, after notice to proceed through a purchase order, will be
30 working days for a 4 pole intersection, and 45 days for a 6 pole intersection.
City supplied materials to signal contractor that will need to be programmed for signal
operation, will be the responsibility of the City of Denton. Installation/mounting and mounting
adjustments of such items will be a pay item to the signal contractor.
12
103
Exhibit "F"
Texas ranchise Tax u lic Infor ation e ort
����r ,� ��" 05-102 To be filed by CorporaPions, Limited LiabNiPy Companies (LLC) and Ffnancial tnstitutions
'f'� 4�`:=. (Rev.9 11/30) This report MUST be slgned and flled to satisfy franchlse tax requirements
`" �� �` �a:��Ee 13196 Franchise
■ i,axqraye€ number � 6d�F;rcyrEyear Youhaveeertatnrl htsunderCha ter552and559 6overnmentC d
1 7 5 1 9 6 3 4 5
E,�xpayer name
DURABLE SPECIA�.TIE
�'7C
INC.
g p , o e,
—��^�2 O, 1 � to review, request, and correct information we have on fife aboutyou.
- �� � Contact us at (8001 252-1 38 1 or (512) 463-4600.
maning aaaress �ecretary of State (SUS} tile number or
PO BOX 535969 Comptrollerfilenumber
City State �IF' C:ode ;ylus 4
GRAND PRAIRIE TX 75053 0070837900
� 81ar.ken circle ifthere are r.urrently no changes from previous year; if nm infarrnation is displayed, complete 4he applicable inf�rm�Pion in Sections A, B and C.
_
I�rkr7i r�a,al c�lt�res� "
2302 Paddock Vt►a Dr. Grand Prai��i�, Texas 75050
�'rl��ri�a�! �p�ace trf k��asi�s�ss
2302 Paddock W�y Dr. Grand Prairi�, Texas 75050
. C`'1€�C��, �1ieeCFar a€�d air;�n�ycat k�tii�tr'rr rfiearl i� rr�]�tries# �s c5f 9he ckaie a I�uL�96[ 9rlfr�rm 3t�s�ra .
'j���IQf� f� il ���pk/� �irF�3�i� i�, �i�n9g�alt T� �i. �PMi�=a�kdcarr�w�atihr� is u�j�d,�t¢�si.3tt�lwr�rf�� as �'�a�i a�{ iPro� #s�rtrit�s�° f�,x.
1.�---'�'°`^"�� tL'j1i..bE`1. � ili?fS" €S P1d5 fi,'S.�.t11fFf17iFit. t7f� �7Sf5C¢`i�t.3Y(.' �i,7f ?l4l�"7�7�F'€YSCPkEl1i(� 9�i1f"_ N�Y[UttT'il!lElUf1 s�Yr
zaf�er��rs, clrr��cts�r�s trr ��t3o�:'sc�rrs cl��xn�f= tlrrrt�ic�ft�ua t6�e� y��ar,
SECTION A Name, title ,�rtr1 r1'r�rlknt� ���it�res� t5f �trt d� �sf�rt,tt��, tS��s a':ts�p� csr r�a�q�n���f.r. 17519634590i3
SECTION B Enter the iriforma[ion required for each corporation or LLC, if any, in which this entity owns an interest af 10 percen[ or more.
SECTION C Enter the information required for each corporation or LLC, if any, that owns an interest of 10 percent or more in [his entity or IimiYed
liability company.
Narne of owned (parent) corparation or limited IiabiliYy company State nf formatian Texas Sd5 file nurrt er, af any Perz erip���� c�ir�ws�kArsbispa '
Itegis[ered agent and registered office currently on file. (see instructions i(you need to make changesJ Blacken cirde if yau need forms to chanye �
Agent: J�FF EY C RYQ O the registered agent or registered offiee information,
luirice: 5208 BYERS AVENUE �`�' FORT WORTH ���"'V" TX ���� ��107
7hc above infiormation is requuca by Section t 71 203 of the Tax Codc foi cach coiporation or limited liability company thae files a iexas Franchise iax Report Usc add'scional shcets
for Sectians P,, B, and C, if neressary, 7he in(onnatioiti will bc avai{abfe for public inspection,
.......� � �
i dedare that the infarmation in this document and any attachmcnts is crue and correct to the best of my know6edge and belief, as oe the date below, and Yhat a copy of this report has
been mailed to each person named in this report who is en officcr, director or manager and who is not currcntly employcd by this, ar a related, mrpoiation or limited liability company,
SIC�Ii � T�tde �� ��W� Date � Area code and phone number
he1'e � CAROL A RICHTER 08-12-2013 ( 972 ) 296 - 6324
� Electronic �
�exa� ���mp��lt�r �4�i+�i�! ��� q�n��
� ;
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104
ATTACHMENT G
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doin� business with local �overnmental entity
_ _
__ _
This questionnaire reflects changes made to the law by H.B. 1491, SOth Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person ��t� �a�ce��ea
who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
person meets requirements under Section 176.006(a).
By law this yuestionnaire must be filed with the records administrator of the local government entity 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 knowingly violates Section 176.006, Local Government Code. An
offense under this section is a Class C misdemeanor.
� Name of person who has a busincss relationship with local governmental entity.
2
❑ Check this box if you are tiling an update to a previously filcd questionnaire.
(The law requires that you 61e an updated completed questionnaire with the appropriate filing authority not later than the 7`" 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.
Name of Off cer
This section, (item 3 including subparts A, B, C& D), must be completed for 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 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?
� 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?
� Yes 0 No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental entity Date
105