2014-429ORDINANCE NO. 2014-429
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A
PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF STORM DRA1N, WATER,
AND SANITARY SEWER IMPROVEMENTS FOR THE MCKINNEY STREET
SUBSTATION ADDITION; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5610-AWARDED TO NU-
WAY CONSTRUCTION IN THE NOT-TO-EXCEED AMOUNT OF $184,505.75.
WHEREAS, the City has solicited, received and tabulated competitive proposals for the
construction of public works or improvements in accordance with the procedures of State law
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended
that the herein described 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
specifications therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive proposal for the construction of public works or
improvements, as described in the "Request for Proposals" or plans and specifications on file in
the Office of the City's Purchasing Agent filed according to the RFP number assigned hereto, are
hereby accepted and approved:
RFP
NUMBER CONTRACTOR AMOUNT
5610 Nu-Way Construction $184,505.75
SECTION 2. The acceptance and approval of the above competitive proposals shall not
constitute a contract between the City and the person submitting the proposal for construction of
such public works or improvements herein accepted and approved, until such person shall
comply with all requirements specified in the Notice to Proposers including the timely execution
of a written contract and furnishing of performance and payment bonds, and insurance certificate
after notification of the award.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in
accordance with the proposals accepted and approved herein, provided that such contracts are
made in accordance with the Notice to Proposers and Request for Proposals, and documents
relating thereto specifying the terms, conditions, plans and specifications, standards, quantities
and specified sums contained therein.
SECTION w4. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under RFP 5610 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. Upon acceptance and approval of the above competitive proposals and the
execution of contracts for the public works and improvements as authorized herein, the City
Council hereby authorizes the expenditure of funds in the manner and in the amount as specified
in such approved proposals and authorized contracts executed pursuant thereto.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval, mmm�����
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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 NU-WAY CONSTRUCTION, LLC
(RFP 5610)
THIS CONTRACT is made and entered into this 16`h day of December, 2014, by and
between Nu-Wav Construction, LLC a limited liability corporation, whose address is PO Box
270416, Flower Mound, TX 75027, 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 # 5610-
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Substation, a copy of which is on file at the office of Purchasing Agent and incorporated herein
for all purposes as "E�ibit B". The Contract consists of this written agreement and the
following items which are attached hereto and incorporated herein by reference:
(a) Special Terms and Conditions (Exhibit "A");
(b) City of Denton Request for Proposal # 5610 (Exhibit "B")
(c) City of Denton General Provisions -Terms and Conditions (Exhibit "C");
(d) Payment and Performance Bonds (Exhibit "D");
(e) Insurance Requirements (Exhibit "E");
(� Form CIQ — Conflict of Interest Questionnaire (Exhibit "F");
(g) Contractor's Proposal. (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.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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ANITA BURGESS, CITY ATTORNEY
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RFP # 5610
"CONTRACTOR"
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CITY OF DENTON, TEXAS
A Texas Municipal Corporation
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By ����f��E C. CH.AI"� ������� .
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CITY MANAGER
EXHIBIT A
SPECIAL TERMS AND CONDITIONS
Total Contract Amount
The contact total for services shall not exceed $184,505.75. Pricing shall be per Exhibit G
attached.
Contract Term
The contract shall commence upon the issuance of a Notice to Proceed. Contractor shall begin
work on site within fifteen (15) working days of receipt of Notice to Proceed. Project shall be
complete within forty five (45) working days after work commences on site. Delays are further
discussed in the Standard Terms and Conditions Exhibit C, Section 8.3.
Liquidated Damages
Liquidated Damages in Exhibit B, Section A33B shall be amended to read:
The time of the completion of construction of the project is of the essence of the contract.
Should the Contractor neglect, refuse or fail to complete the construction within the time
herein agreed upon, after giving effect to extensions of time, if any, herein provided, then, in
that event and in view of the difficulty of estimating with exactness damages caused by such
delay, the City shall have the right to deduct from and retain out of such money which may
be then due or which may become due and payable to the Contractor the sum of TWO
HUNDRED FORTY DOLLARS 240.00 per day for each and every day, including
weekends, that such construction is delayed on its completion beyond the specified time, as
liquidated damages and not as a penalty; if the amount due and to become due from the City
to the Contractor is insufficient to pay in full any such liquidated damages, the Contractor
shall pay to the City the amount necessary to effect such payment in full: Provided, however,
that the City shall promptly notify the Contractor in writing of the manner in which the
amount retained, deducted or claimed as liquidated damages was computed.
RFP # 5610
Exhibit B
General Provisions —Terms and Conditions
Civil Engineered Construction Proj ects
RFP # 5610
Table of Contents
A. GENERAL PROVISIONS ............ ......... ......... ......... ......... ......... ......... ......�.. .....��...�M, 7
1. AVAILABILITY OF TECHNICAL DRAWINGS AND SPECIFICATIONS .................. 7
2. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK ............ 7
3. SILENCE OF SPECIFICATIONS ......... ......... ....�,... �........ .........,......... ,,..,.... ,.....�..... 7
4. RESPONDENTS COST TO DEVELOP SUBMITTAL .......................„,,...,...........,„.....,.., 8
5. MINIMUM RESPONSE ............... ......... ...�..�.. ......,.........�.. ......... ,.....�.. ...,,..�..... ......... 8
6. VALIDITY PERIOD . ........... .................. ......... ......... ......�.. �.......�,. ....,.. ,......,. ..�........ 8
7. REJECTION OF SUBMITTAL ..............................................�....,.,.,...,...�...�..�,.......�........., 8
8. PROPRIETARY INFORMATION ........................................................................�...,........ 8
9. NON-ENDORSEMENT....,� �...,,.� ...................... ......,,. .....,.��.�, ...�.„� ... .........,..... ,.,.......... 9
10. ASSIGNMENT ...............................................................w......�...........�.........,...,.........,.,...9
11. UNAUTHORIZED COMMUNICATIONS ...................................................�.....,....,..... 9
12. DISQUALIFICATIONS n . ......... ......... ......... ..�..,... ......,,. .,,...,.. .,......, ..�...��. ..,.,.......� 9
13. 1NTELLECTUAL PROPERTY INDEMNIFICATION ..........................�..,,.....�............. 9
14. RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARE
(GOVERNMENTAL ENTITY OWNERSHIP) ..........................................................�......,..,., 10
15. PATENT RIGHTS .............. ...... ......... ......... ......... ..��..��...,...,... .,..,..., .....,,., ..�.....�.. 10
16. PREFERENCES .�,� � .................. ...,...,. .,....... .,,.,.,..........� .,. .............,.., ...,..., .....,.,.. 10
17. AWARD ................. ....�,..�..,.... .. ..,....,. ......... ........, ..�,...., ........,.,. .., ... ......... .,.,....�., 12
18. POST AWARD ADDITIONAL REQUIREMENTS .................................................... 12
19. CONTRACTS.,,..��. ,.....� ........ ... ......... ....�.... .,..,......,�� .... ...............,.., .,..,..., ..�.,...,.� 13
20. BONDS ........ ......... .�......,... ...�....�........ ......... .,....... ..,�...�..�...� .,..,. ...... .....,.„„ .,.....,., 13
21. RETAINAGE ................... ......... �.....,�. ...,...... ....,...,...,..... ...,.�....�...,,....��,. .... ....,...,., 13
22. INSURANCE ................................................................................. �........�. �.,.... �......,...... 13
23. WARRANTIES .......................... ......... ..�...�.. ..�...�.� ......,.. ......... ,,..,..,. ,......,.,........... 13
24. SUBSTITUTIONS ......... ......�.� .....,.�.,...... .. ,........ ,........ �.�.,..,�.. 13
25. PRODUCT CHANGES DURING CONTRACT TERM .............................................. 14
26. ADDING NEW PRODUCTS OR SERVICES TO THE CONTR.ACT AFTER
AWARD........................................................................�......,..,......,.......,�...... �........ ,,...,...14
27. ASBESTOS FREE MATERIALS ......................................�...,..�.,,.�.�,..�,.�....�................ 14
28. PREVAILING WAGE RATES ,�.,..... ..� ...... ................... ....... ��,... ......,.. ...,.....,. 14
29. SAFETY AND ENVIRONMENTAL HAZARDS........W ......................�.....,,...„....�...,... 15
30. CONTRACTOR STANDARDS OF PERFORMANCE ....................................�...,...... 15
31. ANTICIPATED PROBLEMS AND PROPOSED SOLUTIONS ................................. 15
32. ADDITIONAL GENERAL REQUIREMENTS ...... ......... ........ ......... ......... M....,.... 15
RFP # 5610
33. REMEDIES ...................... ........... ....... .....�.,. ....�.... ,�.....,, .......�..... d..... ...,.... ..�........ 16
a. COMPLETION OF CONTRACTOR'S DEFAULT ......... ........ ........ �,......, .,.,�,..,. 16
b. LIQUIDATED DAMAGES ..........................................................................�................ 16
c. CUMULATIVE REMEDIES ........................................................................................ 17
34. PAYMENT AND PERFORMANCE REQUIREMENTS ..................................�....,.... 17
a. PAYMENT AND INVOICES :...................................................................................... 17
b. PAYMENT TO PERFORMANCE MILESTONES ....................................................�. 17
c. TAX EXEMPTION ........................................................................................................ 18
d. RELEASE OF LIENS AND CERTIFICATE OF CONTRACTOR ............................. 18
e. PAYMENTS TO MATERIAL-MEN AND SUBCONTRACTORS ..............�.......,..,.. 18
B. SPECIAL NOTICES AND REQUIREMENTS ................................................................ 19
1. CONTRACT ADMINISTRATION SUBMITTALS AND REQUIREMENTS ............... 19
2. MEETINGS ..,� ..... ..... ............ .. .... ......... ......... ....u.... ,....,.,. ,...,.�., ........� .,...,.,............. 21
3. SURVEYS, MEASUREMENTS AND LAYOUTS ...............................................�.�....,.,, 22
4. MISCELLANEOUS REQUIREMENTS .......................................................................... 23
C. STANDARD PURCHASE TERMS AND CONDITIONS FOR CIVIL ENGINEERED
CONSTRUCTION SERVICES .................................................................................................... 24
APPENDIX A- INSURANCE REQUIREMENTS AND WORKERS' COMPENSATION
REQUIREMENTS .........................................................................Error! Bookmark not defined.
APPENDIX B— SAMPLE CONTRACT ......................................Error! Bookmark not defined.
RFP # 5610
A. GENERAL PROVISIONS
1. AVAILABILITY OF TECHNICAL DRAWINGS AND
SPECIFICATIONS
Technical Specifications related to this project are located in Exhibit 3 and
Drawings/Plans are Exhibit 4 of this solicitation.
Electronic documents of the solicitation are available on the City of Denton's website
www.de�itonpurchasin�.com
If the technical drawings and specifications are too large to be placed on the City's
website, they may be downloaded via a FTP site. If this is the case, an Exhibit 5 will be
noted on the table of contents of the Main solicitation document. Potential respondents
should complete and return Exhibit 5 to receive a log in and password to the FTP site.
2. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE
WORK
Respondents are advised that the plans, specifications, and other documents on file as
stated in the Table of Contents shall constitute all the information which the City shall
furnish. Respondents are required, prior to submitting any response, to review the plans,
read the specifications, exhibits, contract, and bond forms carefully; to visit the site of the
work; to examine carefully the local conditions; to inform themselves with their
independent research, tests, and investigations of the difficulties to be encountered and
judge for themselves the accessibility of the work and all attending circumstances
affecting the cost of doing the work or the time required for its completion and to obtain
all information required to make an intelligent proposal.
No information given by the City or any official thereof, other than that shown on the
plans and contained in the specifications, exhibits, and other contract documents, shall be
binding upon the City. Respondents shall rely exclusively upon their own estimates,
investigations, test and other data which is necessary to full and complete information
upon which the submission may be based. Any respondent, by submitting a response,
represents and warrants that he has prepared his submittal in accordance with the
specifications, with full knowledge and understanding of the terms and provisions
thereof; that he has reviewed, studied and examined the response prior to the signing and
submission of same; and that he was cognizant of the terms of his submital, verified his
calculations and found them to be correct and agrees to be bound thereby.
3. SILENCE OF SPECIFICATIONS
The apparent silence of these specifications as to any detail or the apparent omission from
it of a detailed description concerning any point, shall be regarded as a meaning that the
only best commercial practices are to prevail. All interpretations of these specifications
shall be made on the basis of this statement.
RFP # 5610
4. RESPONDENTS COST TO DEVELOP SUBMITTAL
Respondents to this solicitation are responsible for all costs of submittal preparation,
delivery and any oral presentations required as part of the selection process. All materials
submitted in response to the solicitation become property of the City of Denton and will be
returned only at the option of the City.
5. MINIMUM RESPONSE
Submittals that do not, at a minimum, contain the Attachments and Exhibit 1 Pricing Sheet
will be subject to disqualification at the sole discretion of the City of Denton. If any Firm
submitting a response is a corporation, it must be registered to conduct business in the State
of Texas. Proof of this registration musY be included as part of the submittal.
6. VALIDITY PERIOD
The informatiori included in the solicitation response(s), and any cost information obtained
from a negotiation process, remain valid for 120 days from the response due date or until the
contract is approved by the governing body.
7. REJECTION OF SUBMITTAL
ANY PROPOSAL SUBMITTED AFTER THE DUE DATE AND TIME SPECIFIED
SHALL BE REJECTED. THE CITY SHALL REJECT RESPONSES SUBMITTED
BY FIRMS THAT DO NOT MEET MINIMUM QUALIFICATIONS.
The City of Denton reserves the right to reject any and all submittals received in response to
the solicitation and to waive any minor technicalities or irregularities as determined to be in
the best interest of the City.
8. PROPRIETARY INFORMATION
If a respondent does not desire proprietary information in the submission to be disclosed,
the respondent shall identify all proprietary information in the submission. This
identification will be accomplished by individually marking each page or line item detail
with the words "Proprietary Information". If the respondent fails to identify proprietary
information, the respondent agrees that by submission of its response, that those sections
shall be deemed non-proprietary and made available upon public request. Respondents
are advised that the City, to the extent permitted by law, will protect the confidentiality of
all submissions. Respondent shall consider the implications of the Texas Public
Information Act, particularly after the solicitation process has ceased and the contract has
been awarded. While there are provisions in the Texas Public Information Act to protect
proprietary information, where the respondent can meet certain evidentiary standards,
please be advised that a determination on whether those standards have been met will not
be decided by the City of Denton, but by the Office of the Attorney General of the State
RFP # 5610
of Texas. In the event a request for public information is made, the City will notify the
respondent, who may then request an opinion from the Attorney General pursuant to
552.305, Texas Government Code. The City will not make a request of the Attorney
General.
9. NON-ENDORSEMENT
If a submission is accepted, the successful respondent shall not issue any news releases or
other statements pertaining to the award or servicing of the agreement that state or imply
the City of Denton's endorsement of the successful respondenYs services.
10. ASSIGNMENT
The successful contractor shall not sell, assign, transfer or convey this contract in whole,
or part, without the prior written consent of the Purchasing Manager.
11.UNAUTHORIZED COMMUNICATIONS
After release of this solicitation, respondent contact regarding this solicitation with
members of the evaluation, interview or selection panels, employees of the City or
officials of the City other than the Purchasing Manager, or authorized City of Denton
purchasing staff, or as otherwise indicated is prohibited and may result in disqualification
from this procurement process. No officer, employee, agent or representative of the
respondent shall have any contact or discussion, verbal or written, with any members of
the City Council, members of the evaluation, interview, or selection panels, City staff or
City's consultants, or directly or indirectly through others, seeking to influence any City
Council member, City staff, or City's consultants regarding any matters pertaining to this
solicitation, except as herein provided. If a representative of any respondent violates the
foregoing prohibition by contacting any of the above listed parties with who contact is
not authorized, such contact may result in the respondent being disqualified from the
procurement process. Any oral communications are considered unofficial and non-
binding with regard to this solicitation.
12.DISQUALIFICATIONS
Any terms and conditions attached to a solicitation will not be considered unless
specifically referred to on a solicitation and may result in disqualification. Any
submissions that do not clearly outline all qualifications may be disqualified.
13.INTELLECTUAL PROPERTY INDEMNIFICATION
The contractor will indemnify, defend and hold harmless the City of Denton, and its
authorized users, against any action or claim brought against the City of Denton, or its
authorized users that is based on a claim that software infringes any patent rights,
copyright rights or incorporated misappropriated trade secrets. Contractor will pay any
damages attributable to such claim that are awarded against the City of Denton or its
authorized users, in a judgment or settlement. If the City of Denton or its authorized
RFP # 5610
users' utilization of the software becomes subject to a claim, or is likely to become
subject to a claim, in the sole opinion of the City of Denton, or its authorized users, the
Contractor shall, at its sole expense (1) procure for City of Denton or its authorized users,
the right to continue using such software under the terms of this Contract; or (2) replace
or modify the software so that it is non-infringing.
14.RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARE
(GOVERNMENTAL ENTITY OWNERSHIP)
Any software, research, reports studies, data, photographs, negatives or other documents,
drawings or materials prepared by contractor in the performance of its obligations under
this contract shall be the exclusive property of the City of Denton and all such materials
shall be delivered to the City by the contractor upon completion, termination, or
cancellation of this contract. Contractor may, at its own expense, keep copies of all its
writings for its personal files. Contractor shall not use, willingly allow, or cause to have
such materials used for any purpose other than the performance of contractor's
obligations under this contract without the prior written consent of the City; provided,
however, that contractor shall be allowed to use non-confidential materials for writing
samples in pursuit of the work.
The ownership rights described herein shall include, but not be limited to, the right to
copy, publish, display, transfer, prepare derivative works, or otherwise use the works.
15.PATENT RIGHTS
The contractor agrees to indemnify and hold harmless the City from any claim involving
patent right infringement or copyrights on goods supplied.
16.PREFERENCES
A. LOCAL PREFERENCE
1. It is the intent of the City of Denton to comply with Sections 271.905 and
271.9051 of Texas Local Government Code allowing for consideration of the
location of a bidder's principal place of business in award of a bid.
2. Scope-This policy applies to the purchase of real property and personal property
that is not affixed to real property or services (including construction services)
through a Competitive Bid.
a. Lowest Responsible Bid — Price is the single determinant factor when
awarding a bid to a responsible bidder.
b. Best Value Bid — Price is only one of a number of determining factors
that are weighted for evaluation purposes. (Texas LoEal Government
Code 252.043)
3. Criteria
a. Lowest Responsible Bids
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i. A five percent (5%) price differential will apply to construction bids less
than $100,000 and all other bids, including services, less than $500,000.
Excludes telecommunication and information services.
ii. A three percent (3%) price differential will apply to bids, excluding
construction and services, greater than $500,000.
iii. The chart below is a summary of the criteria for Lowest Responsible Bids:
Local Government Code Lo �
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cal Government Code
271.9051 271.905
5% price differential 3% price differential
__
Construction bids less than All other bids, excludes
$100,000 construction and services,
All other bids, including greater than $500,000
services, less than $500,000
b. Best Value Bids-Price is only one of a number of determining factors that are
weighted for evaluation purposes as provided in Local Government Code
252.043. As a result, an additional weighted factor will be added to all such
bids for bidders meeting local preference criteria. The appropriate weight,
either 5% or 3%, will be consistent with the criteria outlined in the chart
above.
c. Local Bidder Preference Consideration Application
i. A new and complete application must be submitted with each competitive
bid by the due date, including a Tax Certification from the Denton County
Tax Assessor/Collector.
ii. This application serves to ensure the qualification of a bidder as a local
bidder and serves as the basis for meeting the statute's requirement that
the governing body find, in writing, that a bidder is a local bidder.
d. Bidders seeking local preference must meet all specifications and minimum
requirements contained in the bid documents.
e. Exceptions-This policy does not apply to purchases obtained through a
Request for Qualifications (RFQ), Request for Proposals (RFP), bids
involving Federal funds, Cooperative Programs or Interlocal Agreements.
f. Award of Contract-The City Council may award a competitively bid contract
to the lowest responsible bidder, local bidder or reject all bids.
B, VENDORS THAT MEET OR EXCEED AIR QUALITY STANDARDS
1. This section applies only to a contract to be performed, wholly or partly, in a non-
attainment area or in an affected county, as those terms are defined by Section
386.001, Health and Safety Code.
RFP # 5610
2. A governmental agency procuring goods or services may:
a. give preference to goods or services of a vendor that demonstrates that the vendor
meets or exceeds any state or federal environmental standards, including
voluntary standards, relating to air quality; or
b. require that a vendor demonstrate that the vendor meets or exceeds any state or
federal environmental standards, including voluntary standards, relating to air
quality.
c. The preference may be given only if the cost to the governmental agency for the
goods or services would not exceed 105 percent of the cost of the goods or
services provided by a vendor who does not meet the standards."
17. AWARD
This contract will be awarded to one firm as a single contract.
18. POST AWARD ADDITIONAL REQUIREMENTS
A. Pre-Construction Meeting: Prior to commencement of the services, the City
and the Contractor will conduct a pre-construction meeting to review the overall
scope, schedule, deliverables, planning process, and to insure that all relevant
parties to the project are introduced.
B. Contractor Standards of Performance: The contractor shall prosecute the work
diligently with skilled craftsmen and with state-of-the-art methods to complete the
work within the time stated in the proposal or such time extensions as may be
granted.
C. Monthly Reports: The awarded Contractor shall provide to the City of Denton,
detailed reports of daily work conditions, daily man power availability, equipment
problems, and work accomplished on a monthly basis.
D. Safety: All contractors to the City of Denton are required to ensure absolute
safety standards are applied and enforced. The City of Denton will not be
responsible for individual contractor safety, and the awarded contractor shall not
hold the City of Denton responsible. Known hazards shall immediately be
reported to the Project Manager and all safety precautions shall be taken to
prevent potential safety issues from occurring.
E. Environmental Hazards: There are no known safety or environmental hazards
existing on the project site at the time of issue of this RFP. The City does not
warrant or guarantee against the possibility that safety or environmental hazards
or potential hazards may exist at the City's facilities. The Contractor shall be
responsible for identifying any hazardous conditions and notifying the City
verbally of such conditions as soon as possible after discovery and shall follow up
in writing within 10 days of such discovery. The costs for necessary
investigations or any potential corrective actions will be negotiated between the
City and the Contractor.
RFP # 5610
19.CONTRACTS
The successful awarded contractor will be required to sign an original contract. A sample
contract is provided in Appendix B— Sample Contract. Respondents shall review the
document and note exceptions in the proposal.
20. BONDS
Successful awarded contractor will be required to furnish original performance and
payment bonds for 100 percent of the total submission price before work is to commence.
The contractor shall assume all costs in increasing the bond limits if change orders are
formally approved. Bonds shall be in accordance with the V.T.C.A Government Code
Section 2253.021, as amended, from a surety licensed to do business in the State of
Texas. The City, at its option, may waive the payment and performance bond
requirements for projects less than $50,000.
The City shall normally return the proposal bonds within ten (10) working days after the
proposal due date, except for the three top ranked firms. The three top ranked firms will
be retained by the City until the required contract and bonds have been executed, after
which they shall be returned.
The City may require a bid bond for this project. If required, notice will be placed in the
minimum qualifications of the main solicitation document.
21. RETAINAGE
Retainage is part of public works contract payrnent withheld by the City to secure
performance and payment to subcontractors. The City withholds 5% on public works
contracts and requires retainage for public works contracts in excess of $50,000.
22.INSURANCE
The City requires standard insurance for services performed on site. The successful
awarded contractor will be required to provide a certificate of insurance as outlined in
Appendix A— Insurance requirements. Respondents shall review the document and note
exceptions on Attachment B.
23.WARRANTIES
The contractor shall provide a warranty that is standard in the industry. Repair or
Maintenance of fleet not performed to industry standards shall be accomplished at the
contractor's expense, at the option of the City.
24.SUBSTITUTIONS
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Substitutions are not permitted without the written approval of The City of Denton
Purchasing Department. If specific manufacturers, brands or part numbers are listed in
the exhibits, the City will not accept substitutes. If the manufacturer part numbers
provided has been updated, but do not change the material functionality, please note the
change in exceptions (Main Document -Attachment B).
25.PRODUCT CHANGES DURING CONTRACT TERM
The awarded contractor shall not change specifications during the contract term without
prior approval. Any deviation in the specifications or change in the products must be
approved in advance by the City of Denton. Notice of a change shall be submitted in
writing to purchasin��citvofclenton.com, with the solicitation number in the subject line,
for review. Products/Services found to have changed specifications without notification,
and acceptance, will be returned at the supplier's expense. Products that have been
installed will be replaced at the contractor's expense.
26.ADDING NEW PRODUCTS OR SERVICES TO THE CONTRACT
AFTER AWARD
Following the Contract award, ADDITIONAL services or products of the same general
category that could have been encompassed in the award of this contract, and that are not
already on the contract, may be added. A formal written request may be sent to successful
Contractor (s) to provide a proposal on the additional services and shall submit proposals
to the City of Denton as instructed. All prices are subject to negotiation with a Best and
Final Offer ("BAFO"). The City of Denton may accept or reject any or all pricing
proposals, and may issue a separate solicitation for the services/products after rejecting
some or all of the proposals. The commodities and services covered under this provision
shall conform to the statement of work, specifications, and requirements as outlined in
the request. Contract changes shall be made in accordance with Local Government Code
252.048
27.ASBESTOS FREE MATERIALS
The contractor shall provide asbestos-free materials as represented by the Manufacturer's
"Materials Safety Data Sheets"
28.PREVAILING WAGE RATES
In accordance with Texas Government Code 2258, the awarded contractor shall comply
with prevailing wage rates as defined by the United States Department of Labor Davis-
Bacon Wage Determination at http://www.dol.�ov/whd/contracts/dbra.litm and at the Wage
Determinations website www.wdol.gov for Denton County, Texas (WD-2509).
Notwithstanding any other provision of this Contract, the awarded contractor hereby
represents and warrants that the contractor shall pay to each of its employees a wage not
less than what is currently known as the "Federal Minimum Wage" and any increase or
amendments thereto. Furthermore, contractor shall produce proof of compliance with this
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provision by contractor to the City. The City shall withhold payments due to contractor
until contractor has complied with this provision. Prior to any payment being made for
work satisfactorily completed and accepted, contractor shall submit wage rate affidavits
with its billing documents affirming that all employees have been paid not less than the
current "Federal Minimum Wage".
29.SAFETY AND ENVIRONMENTAL HAZARDS
The City does not warrant or guarantee against the possibility that safety or
environmental hazards or potential hazards (including premises and special defects) may
exist at the City's facilities. The Contractor shall be responsible for identifying any
hazardous conditions and notifying the City of these conditions in writing no later than 30
days after contract award and prior to initiation of service delivery on the property. This
will be accomplished by the Contractor conducting an environmental assessment and an
occupational health, and safety inspection of the service bay or field service areas by
competent, qualified and appropriately licensed practitioners. The costs of these
inspections and any subsequent corrective action will be negotiated between the City and
the Contractor.
All contractors to the City of Denton are required to ensure absolute safety standards are
applied and enforced. The City of Denton will not be responsible for individual
contractor safety, and the awarded contractor shall not hold the City of Denton
responsible. Known hazards shall immediately be reported and all safety precautions
shall be taken to prevent potential safety issues from occurring.
30.CONTRACTOR STANDARDS OF PERFORMANCE
Monthly Time Standards - Contractors shall fully understand that the City relies on the
product or service of the solicitation to provide vital municipal services, and the
availability and reliability of the equipment is of the essence. With this in mind, the
Contractor shall meet the following performance standards at all times. Labor disputes,
strikes, and other events, except those beyond the Contractor's control such as acts of
God, shall not relieve the Contractor from meeting these standards. For service category,
the Contractor must ensure the given level of service is achieved, within the designated
number of working hours.
Contractor shall deliver goods or services within specified delivery times for 95% of all
orders.
31.ANTICIPATED PROBLEMS AND PROPOSED SOLUTIONS
Respondent shall offer written observations, based upon previous experiences in public
projects of this magnitude, addressing any anticipated problems and offer proposed
solutions to those problems.
32.ADDITIONAL GENERAL REQUIREMENTS
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a. Prior to commencement of the services, the City and selected individual or business
will conduct an initial meeting to review the overall scope, schedule, deliverables and
planning process to implement a successful program.
b. The awarded Contractor shall provide to the City of Denton, detailed reports of time
and services provided to the City on a monthly basis.
c. Staff available to assist the selected provider is limited; the proposals submitted
should not anticipate extensive staff assistance during equipment repairs or
maintenance.
33.REMEDIES
A. COMPLETION OF CONTRACTOR'S DEFAULT
If default shall be made by the Contractor or by any subcontractor in the
performance of any of the terms of this proposal, the City, without in any manner
limiting its legal and equitable remedies in the circumstances, may serve upon the
Contractor and the Surety or Sureties upon the Contractor's bond or bonds a
written notice requiring the Contractor to cause such default to be corrected
forthwith. Unless within twenty (20) days after the service of such notice upon
the Contractor such default shall be corrected or arrangements for the correction
thereof satisfactory to the City and/or Engineer shall be made by the Contractor or
its Surety or Sureties, the City may take over the construction of the project and
prosecute the same to completion by contract or otherwise for the account and at
the expense of the Contractor, and the Contractor and its Surety or Sureties shall
be liable to the City for any cost or expense in excess of the contract price
occasioned thereby. In such event the City may take possession of and utilize, in
completing the construction of the project, any materials, tools, supplies,
equipment, appliances, and plant belonging to the Contractor or any of its
subcontractors, which may be situated at the site of the project. The City in such
contingency may exercise any rights, claims or demands which the Contractor
may have against third persons in connection with this contract and for such
purpose the Contractor does hereby assign, transfer and set over unto the City all
such rights claims and demands.
B. LIQUIDATED DAMAGES
The time of the completion of construction of the project is of the essence of the
contract. Should the Contractor neglect, refuse or fail to complete the
construction within the time herein agreed upon, after giving effect to extensions
of time, if any, herein provided, then, in that event and in view of the difficulty of
estimating with exactness damages caused by such delay, the City shall have the
right to deduct from and retain out of such money which may be then due or
which may become due and payable to the Contractor the sum of ONE
THOUSAND FIVE HUNDRED DOLLARS 1 500.00 per day for each and
every day, including weekends, that such construction is delayed on its
completion beyond the specified time, as liquidated damages and not as a penalty;
if the amount due and to become due from the City to the Contractor is
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insufficient to pay in full any such liquidated damages, the Contractor shall pay to
the City the amount necessary to effect such payment in full: Provided, however,
that the City shall promptly notify the Contractor in writing of the manner in
which the amount retained, deducted or claimed as liquidated damages was
computed.
C. CUMULATIVE REMEDIES
Every right or remedy herein conferred upon or reserved to the City shall be
cumulative, shall be in addition to every right and remedy now or hereafter
existing at law or in equity or by statute, and the pursuit of any right or remedy
shall not be construed as an election. Provided, however, that the provisions of
the REMEDIES SECTION shall be the exclusive measure of damages for
failure by the Contractor to complete the construction of the project within the
time herein agreed upon.
34.PAYMENT AND PERFORMANCE REQUIREMENTS
A. PAYMENT AND INVOICES:
Pavment processin�: The City review, inspection, and processing procedures for
invoices ordinarily require thirty (30) days after receipt of invoices, materials, or
services. Proposals which call for payment before thirty (30) days from receipt of
invoice, or cash discounts given on such payment, will be considered only if, in
the opinion of the Purchasing Manager, the review, inspection, and processing
procedures can be completed as specified. It is the intention of the City of Denton
to make payment within thirty days after receipt of valid invoices for which items
or services have been received unless unusual circumstances arise. The 30 day
processing period for invoices will begin on the date the invoice is received or the
date the items or services are received, whichever is later.
Direct deposit for pavments: Contractors are encouraged to arrange for
receiving payments through direct deposit. Information regarding direct deposit
payments is available from the City of Denton Purchasing website:
www. den.ton.pui•c11 asr.n b. com.
Invoices shall be sent directly to the City of Denton Accounts Payable
Department, 215 E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice
shall be sent to the contract administrator as identified in the Notice to Proceed. It
is the intention of the City of Denton to make payment on completed orders
within thirty days after receipt of invoice or items; whichever is later, unless
unusual circumstances arise. Invoices must be fully documented as to labor,
materials, and equipment provided, if applicable, and must reference the
City of Denton Purchase Order Number in order to be processed. No
payments shall be made on invoices not listing a Purchase Order Number.
B. PAYMENT TO PERFORMANCE MILESTONES
Awarded contractor shall prepare and submit invoices after completion of specific
project milestones. The invoice shall detail the major milestones accomplished and
detailed cost information for project. These milestones shall be submitted to the City
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of Denton and the City's Project Staff shall review such for completion and
accuracy, prior to payrnent authorization.
C. TAX EXEMPTION
The City of Denton qualifies for sales tax exemption pursuant to the provisions of
Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any
Contractor performing work under this contract for the City of Denton may
purchase materials and supplies and rent or lease equipment sales tax free. This is
accomplished by issuing exemption certificates to suppliers. Certificates must
comply with State Comptroller's ruling #95-0.07 and #95-0.09.
D. RELEASE OF LIENS AND CERTIFICATE OF CONTRACTOR
Upon award of the contract, the Contractor shall inform the City of the
subcontractors and material sources that will be used. Upon the completion by
the Contractor of the construction of the project, but prior to final payment to the
Contractor, the Contractor shall deliver to the City releases of all liens, and of
rights to claim any lien, from all manufacturers, material-men, and subcontractors
furnishing services or materials for the project, to the effect that all materials or
services used on or for the project have been paid for and indicating that the City
is released from all such claims.
E. PAYMENTS TO MATERIAL-MEN AND SUBCONTRACTORS
The Contractor shall pay each material-men, and each subcontractor, if any, not
later than five (5) days after receipt of any payment from the City, the amount
thereof allowed the Contractor for and on account of materials furnished or
construction performed by each material-men or each subcontractor.
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B. SPECIAL NOTICES AND REQUIREMENTS
1. CONTRACT ADMINISTRATION SUBMITTALS AND
REQUIREMENTS
A. General: the General Conditions, Supplementary Conditions and Special
Conditions provide definite times for Contractor to submit certain lists,
qualifications, price breakdowns and schedules for administrative procedures
including but not necessarily limited to the following:
B. List of Subcontractors: before the execution of the Contract, the respondent awarded
the contract will submit to the City for approval a list of all Subcontractors, and/or
his major Subcontractors, proposed to use. This list will include each
Subcontractor's correct name, mailing address and phone number.
C. Contractor's Superintendent: The Contractor shall submit the name and
qualifications of the person designated as Project Superintendent within ten (10)
days of the receipt of the Notice of Award Letter.
D. Contract Price Breakdown: upon execution of the Contract, the Contractor shall
submit to the City for approval a breakdown of the Contract price, itemizing
material and labor for various classifications of work.
1.The City will provide forms entitled "DETAILED ESTIMATE" for the
Contractor to use to prepare the breakdown. The City will also provide an
example for the Contractor to generally follow to prepare the breakdown.
2.Unit Price items will be multiplied by the estimated quantities to give the item
totals. The total item will then be divided into "material" and "labor" and listed
on the breakdown. The breakdown of unit price items into material and labor is
required so the City may make progress payments on materials delivered before
the labor is performed.
E. WorkPro�ressSchedule: Within three (3) weeks after receipt of a work order, the
Contractor shall submit in duplicate to the City for approval an estimated progress
schedule for the work in relation to the entire project.
The City will provide forms entitled "PROPOSED SCHEDULE" for the Contractor
to use to prepare his progress schedule. The form is a bar chart with time across the
top and work item down the side. The Contractor will fill out this form listing the
work items and show the beginning and ending dates for each item. The City will
provide an example for the Contractor to generally follow to prepare the progress
schedule.
F. Estimated Pavment Schedule: Prior to starting work, the Contractor shall submit to
the City an estimate of his monthly payment requests. This shall be reviewed each
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month during the construction period and revised estimates furnished if significant
changes are indicated.
G. Testin a� ualitv Control: Observation of the Contractor's work to determine
compliance with the plans and specifications may include testing of material
installed on the project. A Testing Laboratory located by the Contractor shall do
testing of materials furnished and work performed. The Contractor shall use only
materials in the work, which meet the requirements of the specifications. The
Contractor shall furnish at his own expense all necessary tests and specimens for
testing of the material and when requested shall furnish a complete written statement
of the origin, composition, and/or manufacturer of any or all materials that are to be
used in the work. All materials not conforming to the requirements of the
specifications will be rej ected.
THIS OUALITY CONTROL SERVICE DOES NOT RELIEVE THE
CONTRACTOR OF HIS RESPONSIBILITY WITH REGARD TO
CONSTRUCTING THE WORK IN ACCORDANCE WITH THE
CONTRACT.
Contractor shall submit appropriate tests including, but not limited to:
1) Any test required in the technical specifications
2) Any structural element called for on the plans, including, but not limited to dam
construction, concrete asphalt roads or paths, shelters, bridges or other structure
tests, pressure test of irrigation.
3) Test to prove adequacy of design and construction of any feature that may
have been accepted by Owner under contractor's "Alternate Proposal".
4) Any test that may be occasioned by any local, state, or federal law.
H. As-Built Drawin�s: The contractor shall maintain a complete set of contract
drawings in his possession, upon which he is required to note in red, or other clear
manner, all deviations, final dimensions and explanatory notes arising out of actual
work installed or performed in the field, and showing exact locations of such work,
including trades. Notes on these drawings shall indicate installed locations and
dimensioned clearances. Contractor to furnish an as- built drawn from an aerial
photo identifying course, irrigation (including all components, buried or otherwise),
major and minor drainage lines and related structures, all underground utilities,
location of buried trees and debris, limits of topsoil, extra borrow areas, and other
significant construction which could reasonably be foreseen to affect future
operation.
All as-built(s) shall be supplied in CAD format.
I. Pro�jectManuals: Contractor shall supply City a project manual for operations of
all mechanical systems to be included under this contract in a manner satisfactory
to the design professional, his sub-consultants and City's representatives.
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J. Schedule of Tests, Submittals: Testing and submittals shall be in accordance with
the appropriate sections of the technical specifications, NCTCOG and TxDOT
specifications. Additional submittals may be required. Additional submittals may
be required.
2. MEETINGS
A. Pre-Construction Conference: Prior to start of work, a conference between the
City and Contractor will be held to discuss provisions of the contract documents,
explain administrative procedures and coordinate the work effort. Time of pre-
construction conference will be stated in the Work Order letter for the Contractor.
Attendance by Contractor and Contractor's Superintendents is mandatory.
1. City will schedule meeting and provide meeting place.
2. Attendance: The following are expected to attend:
a) City's Representative.
b) Consultant's Construction Administrator.
c) Representatives from Sub-Consultants
d) Contractor's General Superintendent, Project
e) Superintendent and Project Coordinator
fl Representatives,of major subcontractors
3. Agenda Items:
a) List of major Subcontractors and Suppliers
b) Tentative construction schedule
c) Critical work sequencing
d) Major equipment deliveries
e) Designation of responsible personnel
fl Procedures and processing of field decisions, proposal requests,
submittals color coordination, change orders, and applications
for payment.
g) Adequacy of distribution of Contract Documents.
h) Procedures for maintaining Record Documents
i) Use of Premises: office, work, storage, staging areas; Owner's
requirements
j) Construction facilities, controls and construction aids
k) Temporary utilities
1) Safety and first aid procedures
m) Security procedures �
n) Housekeeping procedures
o) Other business
4. The City's Representative will preside over the meeting.
B. ProgessMeetings: Construction progress meetings may be called by the Project
Manager, Project Inspector or the General Contractor to review job progress or
problems.
1. Schedule meeting and notify in writing those concerned at least one
week in advance of ineeting.
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2. Provide a convenient, comfortable meeting place.
3. Contractor's Project Superintendent or Project Manager shall preside
over meeting.
4. Attendance: The following are expected to attend:
a) City's Representative
b) Consultant's Construction Administrator
c) Sub-consultant's unless notified otherwise
d) Contractor's General Superintendent, Project
e) Superintendent and Project Coordinator.
fl Subcontractors having work in progress
g) Subcontractors whose work will start within the next month
h) Others as requested by City, A/E, or Contractor
5. Agenda
a) Review, approval of minutes or previous meeting
b) Review of work progress since previous meeting
c) Field observation, problems, conflicts
d) Problems which impede construction schedule
e) Review of off-site fabrication, and delivery schedules
fl Corrective measures and procedures to regain
g) projected schedule.
h) Revisions to construction schedules
i) Progress schedules for succeeding period
j) Schedule coordination
k) Review proposed changes for effect on construction schedule, on
completion date, and effect on other contracts of project
1) Maintenance of quality standards
m) Pending changes and substitutions .
n) Other business
C. Minutes of Meetin�s: Contractor shall take notes at pre- construction and
progress meetings and distribute them to those concerned in the form of minutes
within four (4) calendax days after meeting.
3. SURVEYS, MEASUREMENTS AND LAYOUTS
A. General: The City will provide property surveys. The Contractor shall be
responsible for all control point staking as required. The Contractor's
responsibility for verifying conditions is defined in the Standard General
Conditions.
B. Survevs,MeasurementsandLavoutOutofWork: Unless otherwise specified in the
technical specifications, the Contractor will establish from survey information on
drawings all lines, grades, and levels and will be responsible for maintenance
and accuracy thereof.
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4. MISCELLANEOUS REQUIREMENTS
A. Additional safety precautions shall be instituted by the awarded contractor, as the
work environment will be in an area where citizens and employees may be
present, and work safety must be coordinated with the owner.
B. The Contractor shall be responsible for all spoil removals, and any excess soil that
will require removal.
C. It is understood that the basis for payrnent on the work to be done according to the
final plans and specifications shall be a lump sum fee as set forth in Contractor's
submission. Any quantity estimates supplied by Designer or City are intended
only as a guide to the respondent. Respondent is responsible for making his own
quantity estimates and pricing from his own examination of the work to be done.
D. A schedule of Respondent's Quantities and Unit Prices is to be filled out as a part
of this solicitation. Extensions of units and unit prices must total up correctly.
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C. STANDARD PURCHASE TERMS AND CONDITIONS FOR
CIVIL ENGINEERED CONSTRUCTION SERVICES
SPECIFICATIONS
This project sha11 be constructed by utilizing the October 2004 edition of the North Central Texas
Council of Government's Standard Specifications for Public Works Construction (NCTCOG,
hereafter . Any permissible deviation from those specifications shall be noted either in the General
Provisions, Special Contract Requirements and line Item Definitions, City of Denton Amendments
to NCTCOG Specifications, or the Construction Plans.
LOCATION OF PROJECT
This improvement project is totally located within the city limits or extra territorial jurisdiction
of the City of Denton, Texas. A map showing the general location of the improvements is
included in the plans.
SCOPE OF WORK
The work to .be performed under this contract consists of furnishing all materials, labor, supervision,
tools and equipment necessary for the construction of street, drainage, and landscaping
improvements as described in these specifications and the plans.
CONTRACTOR'S INSURANCE
Contractors shall refer to Attachment A for all City of Denton insurance requirements.
PROPERTY INSURANCE
Contractors shall refer to Attachment A for all City of Denton insurance requirements.
`UMBRELLA' LIABILITY 1NSURANCE
Contractors shall refer to Attachment A for all City of Dentori insurance requirements.
POLICY ENDORSEMENTS AND SPECIAL COND
Contractors shall refer to Attachment A for all City of Denton insurance requirements.
PERFORMANCE AND PAYMENT BONDS
(a) Subject to the provisions of these general conditions and the NCTCOG specifications, 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
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Principal, and by an established bonding company, as surety, meeting the requirements of
these general provisions and the NCTCOG specifications, and approved by the Owner.
The surety bonds shall be 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. The Contractor shall have on file with the City of Denton, Texas,
before execution of the contract a good and sufficient performance bond with an
approved surety in an amount equal to one-hundred (100) percent of the total cost of this
project, guaranteeing that the workmanship and materials furnished under these
specifications and used in all parts of said improvements are in all respects first class and
of such kind and quality that for a period of two (2) vears from the completion and final
acceptance thereof by the said Citv of Denton, the improvements shall require no
repairs, the necessity for which shall be occasioned by defects in said workmanship or
material. If, however, during the said period, in the opinion of the Mayor and City
Council, the said improvements or associated structures and equipment shall require
repairs and the necessity for such repairs, shall, in their opinion, be occasioned by
defective workmanship or materials furnished in the construction of any part thereof or
any of the accessories thereto, built by this Contractor, then such repairs, on due notice
being given at any time during said period, by the City, to the Contractor, shall promptly
be made by the Contractor in the following manner:
Upon notice from the City, served at any time during the period of said guarantee, the
Contractor shall at his own expense take out and remove all worn out, inferior or
defective materials found in the improvements as shown on the plans or any other
part of the improvements or accessories thereto, and good acceptable materials shall
be substituted therefore, including any materials that have become injured, or have
become damaged by reason of their being in close proximity to such imperfect
material or workmanship, the Contractor shall take up, repair and/or replace all
improvements as shown on plans, that have become defective if found to be so during
the term of said guarantee. Final determination will be made by the Owner's
Representative.
Should the Contractor fail to make such repairs as are deemed necessary, written notice
to make the repairs shall be given by the City to the Contractor and the Surety. If said
Contractor or Surety shall fail or neglect for a period of ten (10) days to make such
necessary repairs as herein provided, then the City shall have the right with or without
further notice, to proceed to make such repairs or cause the same to be done either by
contract or otherwise at its option and to pay for the cost of such repairs. Emergency
repairs to improvements may be required due to extreme weather, faulty materials, or
any other cause. When the public safety is jeopardized; the City of Denton may deem
the situation an emergency. At this time, the Con�ractor shall have 4 hours notification
bv telephone to complete the repairs or the City may complete the work itself.
If such cost of repairs so made shall not be paid by the said Contractor or Surety upon
receipt of Notice of the amount thereof, the said City shall have the right of action on
the Performance Bond; or in case the said repairs shall not actually be made by the
City after such failure on the part of the Contractor or Surety, the City shall have the
right to ascertain and determine the costs of such repairs and to maintain an action
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against the said Contractor or Surety, or both under said bond, to recover the amount
so determined in any court of competent jurisdiction, and the amount so determined
shall be conclusive upon the Contractor and Surety in any action upon said bond.
(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 $100,000, 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 payrnents 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.
(c) The person or persons, partnership, company, firm, 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.
(d) 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
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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 filing of a bid proposal with the accompanying bid security will
be considered as an acceptance of this sub-paragraph. In tihe 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.
TIME ALLOTTED FOR COMPLETION
The number of days for this project to complete the project shall be noted in the exhibits or
provided by the respondent. The Contractor is permitted to work every weekday which is not a
Federal, State or Local holiday from 7:00 am to 6:00 pm. Work requiring City inspection
oversight must be restricted to the hours between 8:00 am to 5:00 pm unless arrangements are
made with the City beforehand. The Contractor will not be allowed to work on Saturdays unless
prior arrangements are made with the City. The Contractor will not be allowed to prosecute the
work on Sundays without written permission by the City due to the noise ordinance. Exceptions
to the noise ordinance require approval by City Council and will require careful coordination and
planning between the Contractor and City.
A Work Order shall be submitted by the City to the Contractor prior to the beginning of
construction. The Work Order shall consist of a written request by the Owner's Representative
for the Contractor to proceed with the construction of the project. The Work Order shall specify
the starting and ending date of the project construction. The City may set the starting date of the
project construction at any date subsequent to the Work Order notification. The Work Order will
be issued upon receipt of the executed contract and surety bonds from the Contractor. The
Contractor will be required to execute the contract and furnish the surety bonds within 10
business days of receipt of the approved City Contract per NCTCOG Item 103.5.
Failure to complete the work within the allotted time shall make the Contractor liable for liquidated
damages at the daily rate specified per NCTCOG Item 108.8. The amount of liquidated damages
shall be for each calendar day over the original or extended project enii date. The City reserves the
right to deduct monies due to the Contractor in the amount bf the liquidated damages incurred on
the project as per terms of NCTCOG Item 108.8 at a minimum. Actual, documented damages
provided by the City which are greater than the minimum amounts shown shall govern. Assessment
of liquidated damages by the City shall not constitute a waiver of the City's right to sue and
collect additional damages which the City may sustain by the failure of the Contractor to perform
in accordance with the terms of its Contract.
The City will be the sole judge as to whether extensions of the Contract Time will be issued. The
Contractor must submit extensions for time in writing within fourteen (14) days of the alleged
delay per NCTCOG Item 108.8. Failure to do so will automatically render any claim for
extension null and void. Normal weather related delays (e.g. rain) will be considered sufficient
grounds for extension of time for projects defined by work days but not for projects defined by
calendar days.
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MANUFACTURER'S 1NFORMATION
The Contractor shall submit five (5) copies of information to the City from all manufacturers for
materials and equipment to be used on the project. This information shall include:
(A) Product specifications sufficient to allow the City to determine whether the
materials and equipment conform to the design concepts and project
specifications.
(B) Information on all warranties provided by the manufacturer.
All submittals shall be stamped by the manufacturer indicating that the manufacturer has
checked the submittal for compliance with the specifications. Unstamped or certified submittals
shall be returned to the manufacturer unprocessed.
Submittals shall be provided to the City prior to or at the preconstruction meeting. Construction
will not be allowed to proceed until all submittals have been approved or a written waiver is
given by the City.
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) When use or storage of explosives or other hazardous materials or equipment or unusual
methods are necessary for execution of the Work, the Contractor shall exercise utmost
care and carry on such activities under supervision of properly qualified personnel.
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(e) USE OF EXPLOSIVES - CLAIMS AND TOTAL 1NDEMNIFICATION. 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 1NJURY 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 Owner and the Engineer as additional insureds or be sufficiently broad in
coverage as to fully protect the Owner and the Engineer. All explosives shall be stored in
a safe and secure manner, under the care of a competent watchman at all times, and all
storage places shall be marked clearly "DANGEROUS-EXPLOSIVES." The method of
storing and handling explosives and highly flammable materials shall conform to Federal
and State laws, City of Denton ordinances, and the City of Denton Fire Department
regulations. The Contractor shall notify any telecommunications and public utility
company and any private property owners having structures in the proximity of the
Project Site of the Contractor's intention to use explosives, and such notice shall be given
sufficiently in advance to enable the telecommunications and public utility companies
and private property owners to take such steps as they may deem necessary to protect
their property from injury. The notice shall not relieve the Contractor of any
responsibility for damage resulting from any blasting operations.
(� 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 this section 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 under this
section, 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 within this general provisions and the
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NCTCOG specifications. 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.
(g) 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.
(h) 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.
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 these general provisions and the NCTCOG
specifications.
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
Control 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 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
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responsibility for accidents shall include the roadway approaches as well as the
crossing structures.
BARRICADES, LIGHTS, DETOUR ROUTES, AND SIGNS
The Contractor shall, at his own cost and expense, furnish and erect such barricades, fences,
flashers, signals, and signs, and shall provide such other precautionary measures for the
protection of persons and property as are necessary. Safety to the working forces and the general
public shall be of uppermost consideration in scheduling all construction activities.
In all instances, refer to the Contract Plans, Drawings, and Technical Specification, located within
the exhibits.
All signs and barricades shall be constructed and erected to conform to standards as established in
the latest edition of the Manual on Uniform Traffic Control Devices. From sunset to sunrise, the
Contractor shall furnish and maintain at least one battery type flasher at each barricade and a
sufficient number of barricades shall be erected to keep vehicles or pedestrians from entering
hazardous work areas during construction.
The Contractor will be held responsible for all damages to the work due to failure of the
barricades, signs, lights, and� watchmen required to protect the work area. The Contractor's
responsibility for the protection of the work shall not cease until the project has been accepted by
the City.
If, in the opinion of the Owner's Representative or his duly authorized representative, the barricades
and signs installed by the Contractor do not properly protect the work area, the Contractor shall
immediatelvi cease all other work activities and correct the deficiency in proper barricading.
The Contractor shall provide an ultimate effort toward safe and smooth flow of traffic during
work hours.
Flagmen shall have standard reflective vests and flags as minimum equipment. Flagmen shall
also be knowledgeable as to the correct procedures for flagging and shall be aware of traffic
patterns and traffic needs.
All broken, damaged, or ineffective barricades or signs shall be removed from the project and
replaced within two (2) hours after notification by the Owner or his designated representative.
No work will be allowed to begin prior to proper placement of all barricades and signs.
The Contractor shall designate a person who will be in charge of all barricades and signs. This
person shall be knowledgeable of all current regulations of law regarding proper procedures for
barricading in construction areas.
All detours, closures, partial closures, or other construction activities that require a major
displacement of traffic shall require a one week advanced notice so that the City can
communicate this information to the public. A barricading meeting will be held by the City with
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the Contractor's superintendent, the person in charge of the barricades, and the foreman in charge
of the particular construction to be done.
ENVIRONMENTAL COMPLIANCE
(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 Owner's Representative so that they may observe the activities; provided,
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however, that it shall be the Contractor's sole responsibility to comply with all
applicable laws, rules, regulations, or ordinances governing the activities.
(d) Spill Prevention Plan. At least seventy-two (72) hours prior to commencing
performance of any of the Work at the Project site, the Contractor shall submit to the
Owner for review and approval a Spill Prevention and Response Plan (SPRP) meeting
the requirements of federal and state law, rules, and regulations. The SPRP shall be
specially designed for the Contractor's planned work methods and procedures. The
SPRP shall be designed to complement all applicable safety standards, fire prevention
regulations, and pollution prevention policies and procedures. The SPRP shall include
estimates of the quantity and rate of flow should equipment fail, and detail
containment or diversionary structures to prevent spills from leaving the site or
migrating into adjacent properties or navigable waters. The SPRP shall include
methods of recovery of spilled materials and all applicable twenty-four (24) hour
emergency phone numbers, including without limitation that of the Owner's Project
Manager or other designated representative. The Contractor shall not commence any
field work prior to approval of such plan by the Owner. The following additional
rules shall apply with respect to spills caused by the Contractor or a Subcontractor:
(1) The Contractor shall immediately report any spill or release at the Proj ect site,
whether or not it is associated with this Contract, to the Owner's Project Manager
or other designated representative. Thereafter, within two (2) working days after
the occurrence of such event, the Contractor shall submit a written report
describing such event in a degree of detail reasonably acceptable to the Owner.
(2) The Contractor shall immediately respond in accordance with the SPRP in the
event of a spill.
(3) The Contractor shall dispose of spilled materials in accordance with EPA and
Texas Commission on Environmental Quality (TCEQ) regulations and any other
applicable federal, state, or local laws, rules, or regulations. In connection with
such disposals, the Contractor shall use only those transporters and disposal
facilities that are approved in advance in writing by the Owner. A copy of all
transport manifests for the spilled materials shall be obtained and retained in the
Contractor's records for reference purposes, to be provided upon request of the
Engineer, the Owner, or any governmental regulatory agency with jurisdiction
over the matter. ALL COSTS OF COLLECTION, CONTAINMENT, AND
DISPOSAL OF SPILLED MATERIALS SHALL BE THE SOLE
RESPONSIBILITY OF THE CONTRACTOR.
(4) For purposes of this Subparagraph (e), the term "spill" includes any kind of
environmental discharge or release.
(e) Clean Air Management Plan. The Contractor shall comply with the Clean Air
Management Plan submitted to and approved by the Owner during the contractor
selection process. The Owner reserves the right, at the Contractor's sole expense, to
require the removal or retrofitting of any equipment used in the course of construction
that does not comply with the Plan submitted to and approved by the Owner.
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( fl 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 request to the
Engineer, the Owner, or any governmental regulatory agency with jurisdiction over
the matter.
(g) The Contractor is responsible for obtaining all TXPDES Storm Water Permits from
TCEQ for construction of the Project under regulations contained in 40 CFR Part 122,
as amended, pursuant to the Clean Water Act, 33 U.S.C.A. §§1251 et seq. These
regulations require the filing of a notice of intent to obtain and abide by the general
storm water permit for construction activities promulgated by EPA, including but not
limited to cleaning, grading, and excavation that disturb the applicable amount of
total land area. In addition, the Contractor shall comply with all regulations of the
Owner relating to storm water and storm water runoff management at the Project site
pursuant to Chapter 19, Article IX, Denton City Code, as amended.
(h) 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.
(i) 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, 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 the general provisions and
NCTCOG specifications.
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SUPPORT SYSTEMS INSPECTOR
All contractors involved in excavations as defined in the most current OSHA Occupational
Safety and Health Standards for excavations must submit a notarized affidavit prior to award of
the bid showing the name of the Support System Inspector. The affidavit must include a
statement that the named individual is a competent person as defined in the OSHA regulations
related to excavations. In order to be a"competent person," one must have had specific training
in, and be knowledgeable about soil analysis, the use of protective systems, and the OSHA
regulations on excavations.
WATER FOR CONSTRUCTION
Water used for any uses including sprinkling, testing, and flushing of pipelines, or any other
purpose incidental to this project, will be the responsibility of the Contractor. The Contractor
may obtain the water from any source, including the City of Denton. In the event that the
Contractor obtains the water from the City, the Contractor shall make the necessary
arrangements for securing and transporting such water and shall take such water in such a
manner and at such times that will not produce a harmful drain or decrease of pressure in the
City's water system. The Contractor shall make arrangements with the City to provide the water
required and the Contractor shall pay for the water at the prevailing rate.
STAKING LINES AND GRADE
Unless otherwise specified in the technical specifications, the Contractor shall furnish control
staking for all alignments, grades and elevations which the Contractor may need to complete this
project. The Contractor shall protect and maintain the control staking. Any survey stakes or
markers that are disturbed by the Contractor shall be replaced by the Contractor immediately at
the Contractor's expense. The Contractor shall furnish suitable material, labor and expertise to
erect and maintain adequate working stakes, batter boards, or laser equipment for construction as
the job progresses.
U. S. POSTAL MAILBOXES
The Contractor shall be fully responsible for maintaining and protecting all existing U.S. Postal
mailboxes during the construction period. Postal mail delivery must be maintained on a daily
basis to all postal delivery points within the project area. For projects that require a section of
road to be completely closed to traffic, the mailboxes shall be relocated to a nearby street corner
where they shall be placed for temporary delivery service. The Contractor shall relocate the
boxes working in cooperation with the Postal Director and the City. Following the completion of
the work, the Contractor shall restore all postal boxes to their previous locations or as close as is
possible.
Because of the legal significance of the postal delivery service, the Contractor shall consider this
responsibility as a first priority. Mailboxes shall be placed 42" above the ground and located
directly behind the back of the curb. Both measurements shall be the front lower face of the
mailbox.
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FOREMAN DESIGNATION REQUIREMENTS
The Contractor shall designate in writing a foreman for the project at the preconstruction
meeting. This foreman shall make every effort to cooperate with the City Inspector and shall not
be an equipment operator at any time unless authorized in writing by the City. Communications
and work methods shall be established early and maintained throughout the project at
satisfactory levels for both parties.
MATERIAL SAMPLING AND TESTING
Unless otherwise stipulated in the contract documents, initial testing of all materials, construction
items or products incorporated in the work shall be performed at the direction of the Owner's
Representative and expense of the City, including initial compaction and density tests deemed
necessary.
In the event materials, construction items or products incorporated in the work fail to satisfy the
minimum requirements of the initial test, appropriate proveout test shall be made as directed by the
Owner's Representative to determine the extent of the failure and to verify that the corrective
measures have brought the item up to specification requirements. The cost of all testing necessary
to deternune the extent of the failure and the adequacy of the corrective measures shall be the
responsibility of the Contractor.
The failure of the Owner's Representative to direct or City to make any tests of materials sha11 in no
way relieve the Contractor of his responsibility of furnishing materials conforming to the contract
documents.
Tests, unless otherwise specified, shall be made in accordance with the latest methods of the
American Society for Testing and Materials. The Contractor shall provide such facilities as the
Owner's Representative or City may require for collecting and forwarding samples and shall not
use the materials represented by the samples until tests have been made. The Contractor shall
furnish adequate samples without charge.
The inspections and tests made by the City shall ordinarily be made without cost to the Contractor
unless otherwise expressly specified in the contract documents. The Contractor shall furnish
without additional cost to the Owner's Representative or City such materials for testing as may be
reasonably necessary. Retesting after failure to pass tests shall be at the expense of the Contractor.
Should the percentage of rejected material or equipment be unreasonably large, the additional cost
of such inspection and tests resulting therefrom shall be borne by the Contractor. The Owner's
Representative shall judge what is considered extra inspection and shall determine the additional
cost incurred thereby and payable by the Contractor.
SCOPE OF WORK CHANGES
Changes in the scope of work for the proj ect shall be handled in accordance with the provisions
of Item 104 of the NCTCOG specifications.
WORKING AREA
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The Contractor shall confine its equipment, storage of materials and construction operations to
the public right-of-way and easements shown on the plans or described in the specifications.
Storage of equipment and materials shall not restrict the public use of right-of-way or easements
unless specifically approved by the City. The Contractor shall not have exclusive right to the
working area, as it must accommodate other contractors or City forces which may utilize the
same area for other construction activities.
RESTORATION OF PROPERTY
The Contractor is responsible for restoring public or private property damaged by its
construction activities to a condition as good as or better than the condition prior to construction.
This provision applies specifically, but not exclusively, to existing concrete or asphalt pavement,
concrete sidewalk, concrete curb and gutter, concrete drainage structures, utilities, fencing,
structures, and landscaping that are within the work zone but that are not required to be removed
in order to install the improvements called for on the plans. Cost for this restoration shall be
borne solely by the Contractor. Failure to restore the damaged property by the Contractor may be
cause for the City to restore the property on its own and then deduct the restoration cost from the
monies owed the Contractor per NCTCOG Item 107.26.
LETTERS OF RELEASE
A Letter of Release from each property owner affected by the project is required prior to
acceptance of any public improvement, particulaxly when the Contractor has performed work
outside of City right-of-way or public easements. The letter should state that the owner finds the
restoration of the property acceptable. The Contractor will be held responsible for restoring
disturbed property to a condition at least equal to the condition that existed prior to construction.
The Contractor will not be held responsible for repairing prior damage or for excessive or
unreasonable requests of the property owner. Whether a property owner's request is reasonable
or not will be determined by the Owner's Representative.
PARTIAL PAYMENTS/PROGRESS PAYMENTS
Partial payments will be made within thirty (30) days of receipt of an undisputed invoice and
acceptance of work performed. Only complete and in place items will be paid for and no
payment will be made for materials on hand (disregard that line item on the invoice submittal
form). A five percent (5%) retainage will be held by the City, calculated using the total work
complete to date of the partial payment. Workday or calendar day counts for each month should
be agreed on before being submitted on the partial estimate. Counts will be considered final
when processed for payment.
(a) After the Owner's Representative 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, if applicable. 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 Owner's
Representative has a right to withhold or not certify under the Contract Documents.
Notwithstanding the foregoing, the Owner may refuse to make payrnent on any
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Certificate for Payment (including, without limitation, the final Certificate for Payment)
for any default under the Contract Documents, including but not limited to those defaults
set forth in these general provision and the NCTCOG specifications. 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 Owner's Representative 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 Owner's Representative 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 Payrnent Bond as required.
(e) Payrnent to material suppliers shall be treated in a manner similar to that provided in
Subparagraphs (b), (c), and (d), above.
(� 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.
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If any person or Contractor doing street, utility or sidewalk construction, excavation, alteration or
repair requests and receives necessary inspection by City personnel for such work outside of
normal business hours (8:00 o'clock A.M. to 5:00 o'clock P.M. weekdays and non-holidays) such
person or contractor shall be charged and pay one hundred and five dollars ($105.00) per hour
(minimum of four (4) hours) for such inspection. The Inspector must be notified at least 24
hours in advance for overtime to be performed on week days and 48 hours in advance for
overtime to be performed on weekends or holidays. The City may withhold payment to the
Contractor for non-payment of overtime charges.
F1NAL 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 Owner's Representative, or the
City of Denton Public Works Inspection Department, will promptly make final inspection
and, when the listed above representatives finds the Work acceptable under the Contract
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Documents and the Contract Documents fully performed, the Owner's Representative
will promptly issue a final Certificate for Payment stating that to the best of the Owner's
Representative's knowledge, information and belief, and on the basis of the Owner's
Representative'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 Owner's Representative final Certificate for Payment will constitute a
further representation that conditions listed in this section as a condition precedent to the
Contractor's being entitled to final payment have been fulfilled. Owner will normally
make 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 Owner's Representative:
(1) an affidavit 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 F1NAL
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 Owner's Representative confirms the delay, the Owner shall,
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upon application by the Contractor and certification by the Owner's Representative, 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 Owner's Representative 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.
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 these general provisions and NCTCOG specifications.
(c) No Damages for Delay. NOTWITHSTANDING ANY OTHER PROVISIONS OF THE
CONTRACT DOCUMENTS, 1NCLUDING THE GENERAL CONDITIONS, NO
ADJUSTMENT SHALL BE MADE TO THE CONTRACT SUM AND THE
CONTRACTOR SHALL NOT BE ENTITLED TO CLAIM OR RECENE ANY
ADDITIONAL COMPENSATION AS A RESULT OF OR ARISING OUT OF ANY
DELAY, HINDRANCE, DISRUPTION, FORCE MAJEURE, IMPACT, OR
1NTERFERENCE, 1NTENTIONAL OR UNINTENTIONAL, FORESEEN OR
UNFORESEEN, WHICH INCREASES THE TIME TO COMPLETE THE WORK,
INCLUDING BUT NOT LIMITED TO ANY DELAYS CAUSED IN WHOLE OR 1N
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 THE CONTRACT PROVISIONS
BE1NG 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.
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(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 Owner's Representative, 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 Owner's
Representative 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 �'Vork in whole or in part without written authority from the Owner's
Representative or the Owner, and shall resume the Work promptly when notified by the
Owner's Representative or the Owner to resume operations.
(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. Iri the
event of a delay for which the Contractor is entitled to a time extension, as determined by
the Owner's Representative, 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 these general provisions and the NCTCOG specifications. THE
CONTRACTOR EXPRESSLY WAIVES ANY OTHER COMPENSATION
RESULTING FROM ACCELERATION, SUCH AS LOSS OF LABOR
PRODUCTNITY OR EFFICIENCY.
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.
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(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.
(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 Owner's Representative.
(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 conetruction 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
these provisions, 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.
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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 this provisions, exercise its obligation to
assume the obligations of the Contract, or that portion of the Contract which the
Owner has ordered the Contractor to discontinue, then the Owner shall have the power
to complete the Work by contract or otherwise, as it may deem necessaxy. The
Contractor agrees that the Owner shall have the right to take possession of or use any
or all of the materials, plant, tools, equipment, 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 these provisions, 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.
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(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.
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 Termination for Cause Clauses (a)(1) through (a)(10)
above;
(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 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;
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(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.
WARRANTY FULFILLMENT
Prior to the expiration of the specified warranty period provided for in the Contract
Documents, the Owner's Representative 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 Owner's Representative will make a subsequent inspection and if the corrections have
been properly performed, the Owner's Representative 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.
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I. Preconstruction Meeting
A preconstruction meeting is. required before any project shall begin in the City of
Denton or its jurisdiction limits. Represented at the meeting, as applicable, shall be:
A. City of Denton representatives
B. Contractor's representatives
C. Consulting Engineers representatives
D. Affected utilities in the construction area represented.
This meeting shall consist of reviewing the plans with all the representatives present to
discuss proposed construction methods and utility adjustment, to discuss project
management and administrative procedures and to clear up any doubts about the plans
and specifications. The Contractor will be required to present a proposed project
schedule at the meeting. Location of the meeting shall be at a location designated by the
City. Call Greg Blackstone, City of Denton Inspections Department @ 940-349-8904
for specifics at least 48 hours in advance of the meeting.
For privately funded projects, a minimum of three current, City approved sets of plans
shall be provided to the City of Denton at the beginning of the preconstruction meeting
by the Consulting Engineer.
II. Plans and Specifications:
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A current set of City approved plans and specifications shall be in the possession of the
contractor on the first day of the project. These shall be shown to the City of Denton
Inspector before any work is allowed to proceed on that project. A legible set of plans
shall be retained by the contractor throughout the project until its completion.
III. Final Acceptance Procedures and Conditions:
The following axe to be applied at the discretion of the Owner's Representative to the
public improvements being inspected by the Public Works Inspection Department. This
is an effort to speed completion of projects to final acceptance which should increase the
efficiency of the inspection process being provided.
A. Final Acceptance of Street or Sidewalk Improvements
1. As-built drawings from the Consulting Engineer
2. Cleanup of the work site including sweeping the streets or sidewalks in a
dust free manner.
3. Asphalt Cores - Depth
4. Concrete breaks all meet specification.
5. Valve boxes & Manholes in street raised to proper elevations and working.
6. All services (water & sewer) stamped on curbs.
7. Revegetation of the work site established to specifications.
B. Final Acceptance of Water, Sewer, and Storm Sewer Improvements
1. As-built drawings from the Consulting Engineer
2. All required tests pass (air, water, bacteriological samples, etc.). Fire
hydrants must be raised to final elevation prior to testing.
3. Cleanup of the work site including sweeping the streets or sidewalks in a
dust free manner.
4. Valves, cleanouts, manholes, and junction boxes accessible and working
smoothly.
5, Re-vegetation of the work site established to specifications.
FINAL ACCEPTANCE PROCEDURES
All punch lists shall be considered preliminary unless they are specifically documented as the
final punch list.
2. Final punch lists shall be provided to the Contractor in person and through the mail by a
certified letter.
Contractor shall acknowledge receipt of the final list and discuss at that time any
requirements he feels are not consistent with City of Denton Standard Specifications. Any
corrections to the list shall be made at that time or the list shall be considered final.
.
� ' : � 1
4. When the final punch list is complete for the entire project, a letter of acceptance will be
issued. No deviations shall be allowed unless approved in writing by the Owner's
Representative for the City of Denton.
1. CITY OF DENTON SURVEYING REOUIREMENTS
The following are the standard surveying requirements for public improvements with the City of
Denton.
Street Im�rovements
1. Street grades and alignment at 50' stations - both sides - or at 25' stations in all vertical curves
or horizontal curves.
2. Grades and alignment at all curb returns for intersections, alleys, and other curb breaks as
instructed by City Inspector.
3. Grades and alignment stakes for streets shall be separated enough from utility sta.kes that the
Inspector can easily follow all staking.
4. M�imum offsets shall be 10 feet. Methods of transferring grades from long offsets (4' - 10')
shall be approved by Inspector.
5. Valley gutter grades shall follow the flow line of the curb on each side and shall be
constructed with the aid of a string line unless problems develop requiring stakes.
6. All changes to the plans deemed major by the Inspector shall be restaked by the project
surveyor.
Sewer Lines
1. Grade and alignment stakes shall be provided at 50' intervals.
2. Manholes, cleanouts, bends, and any other appurtenance shall be staked before construction
begins in that area.
3. Services shall be staked or centerline of the lot staked for the service to be placed 5'
downstream from the centerline. Existing property pins shall not be used as construction
stakes.
4. Staking requirements for changes to the plans and offset limits shall be the same as for streets
and water lines.
5. Sewer grades shall be distinctly separated from street grades on any stakes so each
improvement can be easily built with no confusion. .
Water Lines
1. Alignment stakes shall be provided at 50' intervals. Grade stakes shall be provided at each
grade change shown on the plans and at 50' intervals where grades are critical.
2. All service lines shall be staked or the centerline of the lot staked if services are to be located
5' upstream of the centerline. 'These stakes shall be put up specifically for the services.
Property pin stakes left over from preliminary staking are not to be used as construction
stakes.
3. Valves, bends, fire hydrants, tees, and all other appurtenances to the line shall be staked
before construction in that area proceeds. Offsets for alignment are critical, especially for the
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fire hydrants .to keep them 2' behind the back of the curb. The Surveyor shall consult with
the Inspector before work begins to establish the appurtenances that do need exact stakes.
4. Any changes to the plans deemed major by the Inspector shall be restaked by the Surveyor.
Offset requirements shall be the same as for streets.
Storm Drain Lines
1. Grade and alignment stakes shall be provided at 50' intervals.
2. Manholes, inlets, and junctions boxes shall be staked before construction begins in the area.
Conflicts Over Surveying Requirements
The Contractor is responsible for construction staking unless otherwise noted in the Special
Contract Requirements. Communications regarding surveying after the preconstruction meeting
should be between the City Inspector and the Contractor's Surveyor. Direct communication
reduces the chances of misunderstandings in the process of the work.
Any questions over City requirements regarding surveying standards shall be discussed at the
preconstruction meeting or with the Owner's Representative prior to that meeting. Unless a
signed letter is placed in the construction file, the requirements as listed in this section shall be
considered applicable.
Cut Sheet Requirements
Cut sheets shall be provided to the Contractor and to the City Inspector. These sheets shall
contain all needed grades based on top of curb elevations or existing surface elevations for
streets, drainage, water and sewer improvements. Each special item such as service lines,
manholes, fire hydrants, valves, cleanouts, junction boxes, and any other items as required by the
Inspector shall have a cut from top of curb grades of the street in that area or existing surface
elevations.
Should a conflict arise between the PO. RFP document, suuplier terms, or contract; the terms
and conditions set forth in the RFP document and final contract shall urevail.
2. SPECIAL CONTRACT REQUIREMENTS AND ITEM DEFINITIONS
As stated in the General Provisions, the October 2004 edition of the North Central Texas Council
of Governments Standard Specifications for Public Works Construction will be utilized as a
basis for both general and technical procedures to include types of materials and construction
procedures used in construction projects in the City of Denton. The following specifications and
definitions are intended to (1) highlight requirements in the NCTCOG found on most projects in
the City of Denton, (2) make specific requirements for materials or procedures where the
NCTCOG gives options, (3) specify provisions for deviation from the NCTCOG, and (4) define
the bid items listed in the Exhibit I— Pricing Spreadsheet. The following specifications are also
numbered in accordance with the NCTCOG to aid in locating more specific requirements.
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Conflicts sometimes arise when City of Denton provisions conflict with either the plans for the
project or the North Central Texas Council of Governments Specifications. The following order
of precedence shall generally be followed in case of conflicts; however, the Owner's
Representative shall make the final determination:
1. City of Denton Plans
2. City of Denton Specifications
3. NCTCOG Standard Specifications
Payment sections of the specifications include all material, labor, and equipment necessary to
complete the project.
Item 103.3 Suretv Bonds
General: This item shall be used to separate the bonds as specified in the contract documents
into a separate bid item. Include all bonds with their related costs in this item.
NCTCOG Reference: Item 103.3
Payment: Payment shall be lump sum for all bonds provided for in the bid proposal.
Item 107.19.3 Excavation Protection
General: Excavation protection, where required, shall be in strict compliance with NCTCOG
Item 107.19.3 and the most current OSHA regulations. The Contractor shall submit three (3)
copies of his site specific trench safety plan prepared by a licensed Professional Engineer in the
State of Texas to the City prior to construction. The City will not review the submittal; it is
simply a confirmation that the Contractor has prepared a trench safety plan as required by state
and federal law. The City assumes no responsibility for trench safety and shall be held harmless
under the indemnification clause of NCTCOG Item 107.19.3.2. Any changes in the trench
excavation plan after initiation of construction will not be cause for an extension of time and will
require a new submittal to the City.
The Contractor accepts sole responsibility for compliance with all applicable safety
requirements.
NCTCOG Reference: Item 107.19.3
Payment: Payment for this item shall be at the contract unit price per linear foot of excavation
protection measures utilized.
Item 107.20 Project Sig�ns
Two signs advertising the CIP Construction Project shall be placed in strategic points with
lettering as needed to adequately describe the work. These two signs shall be placed prior to
beginning work and maintained until the end of the project. No payment shall be made to the
Contractor for maintenance of these signs.
Each sign shall be constructed with 3/" weather treated plywood and shall be painted white with
blue letters and symbols. Letter size shall conform to dimensions shown on sign drawing.
Exceptions or variations from the sign shown below shall not be allowed.
NCTCOG Reference: Item 107.20
Payment: Payment will be at the contract unit price for each Project Sign installed.
RFP # 5610
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Item
201
201.11
202.5
202.6
203.3
203.7
301.2
301.5
302.9
303
305.1
305.2
501.1
501.7
501.7.4
501.14
RFP # 5610
The flag shall resemble the Texas Flag. The Background of
the stars and the "City of Denton" lettering shall be blue. The
lower bar of the flag shall be red, and the upper bar shall be
white. The dimensions, from the farthest ends, shall be 12
inches, vertical, and 23.5 inches horizontal. The flag shall
appear in the dimensions shown. The contractor may request
a digital copy in either .jpg or .tif format.
INDEX AND CITY OF DENTON AMENDMENTS
TO NCTCOG SPECIFICATIONS
Description
Temporary Erosion Control
Stabilized Construction Entrance
Sodding
Seeding Turf Grass
General Site Preparation
Embankment
Lime Treatment
Flexible Sub-base or Base
Asphalt Pavement (Materials Only)
Portland Cement Concrete Pavement
Concrete Curb & Gutter
Concrete Sidewalks
Underground Conduit Materials
Ductile Iron Pressure Pipe
Ductile Iron Fittings
Polyvinyl Chloride (PVC) Water Pipe
501.15 Polyvinyl Chloride (PVC) Pressure Rate Pipe & Fittings for Wastewater
501.17 Polyvinyl Chloride (PVC) Wastewater Pipe & Fittings
501.24 Fiberglass Wastewater Pipe & Fittings
502.1-A Concrete Manhole
502.1-B Fiberglass Manhole
502.3 Fire Hydrant Assembly
502.6.2 Resilient Seated Gate Valve
502.6.3 Air Valves
502.8
502.10.3-A
502.10.4
502.12.4
503.2
503.3
507.4.5
507.5.2
801
SSO1
SS02
SS03
RFP # 5610
Polyethylene Wrap for Metal Pipe and Fittings
Water Service Connections (Small Diameter)
Sanitary Sewer Services
Core into Existing Manhole
TunneUCasing Pipe Spacers
Boring and Tunneling
Sewer Pipe Coupling
Television Inspection
Barricades, Detours, and Warning Signs
Cut and Plug Existing Sewer Lines
Abandon Existing Manhole
Remove Existing Manhole
CITY OF DENTON AMENDMENTS TO NCTCOG SPECIFICATIONS
Item 107.25 Disposal of Materials
Vegetative material removed as a result of work operations shall be transported off-site and
deposited at a legal site in accordance with all applicable federal, state, and local laws and
regulations. Removed vegetation will not be allowed to remain in piles or mounds on the
easement or surrounding property.
NCTCOG Reference: Item 107.25
Payment: No separate payment shall be made for disposal of vegetative materials. The disposal
of vegetative materials shall be considered a subsidiary cost of General Site Preparation (Item
203.3).
Item 201 Temporarv Erosion Control
General: This item shall govern the control measures required to prevent and control soil
erosion from the work site.
Construction Requirements: The contractor shall be responsible for providing temporary
erosion control during the construction process according to the specifications and procedures
outlined under NCTCOG Item 201. An erosion control plan must be submitted by the
contractor and approved by the Owner's Representative prior to beginning construction. The
erosion control plan must specify the type and location of all erosion control devices and
methods. The contractor is free to use any of the erosion control options specified under
NCTCOG Item 201 to control erosion. Erosion control devices and methods must follow the
specifications outlined under NCTCOG Item 201 and the corresponding detail drawings in
Division 1000. All erosion control devices must be maintained and inspected through the
construction process. All erosion control devices shall be inspected every 7 calendar days during
construction. In the event that silt or construction debris does escape the immediate construction
areas, the contractor shall be responsible for cleaning it up within 24 hours of the incident. This
includes soil tracked out of the construction areas by the contractor's vehicles. If the project
inspector sees that a certain erosion control method or location is not working, he may direct the
contractor to correct the erosion control devices accordingly.
Duration: All erosion control devices must remain in place until the disturbed soil in the work
site is stabilized. Stabilization may be obtained through one of the following options: Seeding of
the work zone until 70% of the disturbed area has vegetative coverage, sodding the disturbed
area, placement of an erosion blanket over the disturbed area, or the application of organic
mulching material to cover the disturbed area.
Payment: Payment will be at the contract unit price per linear foot of pipe installation protected
by temporary erosion control measures.
NCTCOG Reference: Item 201
Item 201.11 Stabilized Construction Entrance
General: This item shall govern the construction of a stabilized construction entrance to the
work site to minimize the tracking of soil from the work site to City streets and roads.
RFP # 5610
Materials: Stone and filter fabric shall meet the requirements of NCTCOG Item 201.11.2.
Construction: The construction entrance shall be constructed according to NCTCOG Drawings
1070A and 1070B and in accordance with the provisions of NCTCOG Item 201.11.3.
NCTCOG Reference: Item 201
Payment: Separate payment for stabilized construction entrances shall not be made. This shall
be considered a subsidiary cost of Item 203.3 General Site Preparation.
Item 202.5 Soddin�
General: This item provides for the preparation and placement of turf grass blocks or plugs
upon all areas where vegetation is removed or damaged due to the construction of public service
lines, facilities, roads or sidewalks.
Installation: Sod grass shall be placed according to the specifications listed under NCTCOG
Item 202.5 and to the extents listed on the plans if so indicated. City approval on the location,
amount and type of sod is required prior to placement. Failure to obtain City approval prior to
placement may be cause for the City to reject payment. This item includes labor, material,
equipment, water, and fertilizer necessary to establish the sod grass prior to acceptance.
NCTCOG Reference: Item 202.5
Payment: Payment for this item shall be at the contract unit price for each square yard of sod
grass placed. Price shall be full compensation for furnishing of all materials and labor, including
water and fertilizer required to establish the sod grass.
Item 202.6 Seeding Turf Grass
General: This item provides for the preparation and seeding of turf grass of all areas where
vegetation is removed or damaged due to the construction of public service lines, facilities, roads
or sidewalks.
Installation: Turf grass shall be seeded on areas that have been stripped of vegetative cover due
to constntction activities. City approval on the location, amount and type of seed grass is
required prior to placement. Failure to obtain City approval prior to placement may be cause for
the City to reject payment. Turf grass may be seeded according to any of the methods listed
under NCTCOG Item 202.6. This item includes labor, material, equipment, water, and fertilizer
necessary to establish the broadcast seed prior to acceptance. Seed plantings must be sprouted
prior to project acceptance and the Contractor must maintain the seeded area until 70% cover is
achieved.
NCTCOG Reference: Item 202.6
Measurement: Measurement and payment for seeding shall be based on the square yardage of
seeded area.
Payment: Payment for this item shall be at the contract unit price for seeding per square yard.
Price should be full compensation for furnishing of all materials including water for seeding
fertilizer slurry and maintaining growth.
Item 203.3 General Site Preparation
General: This item shall consist of preparing the right-of-way or public easements for
construction operations by the removal of all obstructions and disposal of the materials by the
contractor. Disposal of removed materials is the responsibility of the contractor. Obstructions to
RFP # 5610
be removed under this item are listed in NCTCOG Item 203.3.1. Exceptions to the obstructions
list shall be noted on the plans or in the Special Contract Requirements. The contractor shall
keep tree removal within the permanent utility easement or right-of-way to a minimum, only
removing trees necessary to install the improvements unless otherwise noted on the construction
plans. All properties shall be restored to the same or better condition than prior to the
construction.
Existing fencing, railing, gates and barriers that require removal during construction will be
replaced with equal or better fencing, railing, gates and barriers at the end of the project.
Payment for replacement fencing, railing, gates and barriers is considered subsidiary to this line
item.
NCTCOG Reference: Item 203.3
Payment: Payment for this item shall be at the contract lump sum for General Site Preparation.
Item 203.7 Embankment
General: This item shall consist of the placement and compaction of approved soils to the
standards and surface grades as indicated by the construction plans or Special Contract
Requirements.
Construction: Embankment shall be constructed in accordance to NCTCOG Item 203.7.2. The
base soil surface on which the embankment will be constructed shall be scarified or plowed to a
minimum depth of 6 inches prior to the placement of any embankment layers. Embankment
shall be compacted in layers not to exceed 12 inches in depth. Embankment shall be compacted
to the requirements specified in the Special Contract Requirements.
NCTCOG Reference: Item 203.7
Payment: Payment for this item shall be at the contract unit price for each cubic yard of
embankment material placed and compacted. Payment sha11 include all labor, equipment and
materials required to place the embankment material and to establish the surface grades indicated
on the construction plans.
Item 301.2 Lime Treatment
General: This item establishes the requirements for the treatment of pavement subgrades with
hydrated lime. General requirements are found in NCTCOG section 301.2 with modifications
listed below.
Materials: Dry hydrated lime or slurry lime (commercial Grade 2 or Grade 3). Quicklime is not
allowed.
Construction: All subgrade surfaces shall be shaped within 0.2 feet of finished grade before
liming operations start. Soft areas of the subgrade shall be removed and replaced with suitable soil
prior to lime treatment. Lime shall be mixed at the minimum rate and to the minimum subgrade
depth indicated on the plans or in the specifications. The final lime treated mixture shall pass the
gradation requirements of NCTCOG Table 301.2.3.5.1. (a). The mixed material shall be compacted
to the density specified in NCTCOG Item 301.2.3.6. A minimum of three days of curing time after
the initial mixing of the subgrade will be required before the placement of base courses or other
construction activities are permitted. The treated subgrade shall be kept moist during the curing
process to prevent cracking of the treated surface. If the pavement or other base courses are not to
be placed within 14 days of final mixing, a seal coat conforming to NCTCOG Item 302.3.5.1 and
NCTCOG Tables 302.3.5.1.(a) and 302.3.5.1.(b) shall be applied to the treated subgrade surface.
RFP # 5610
Payment: Payrnent shall be at the contract unit price per square yard of subgrade treated.
Item 301.5 Flexible Subbase or Base Crushed Stone/Concrete)
General: This item shall govern the composition and placement of flexible base for use as a
foundation course for other pavement courses or as a surface course.
Material: The material shall be crushed stone, naturally occurring gravel or crushed concrete.
The material shall adhere to the Grade 1 material requirements of Table 301.5.2.(a) of the
NCTCOG specifications. Any material source shall be approved by the City before any work
occurs.
Construction: Preparation of the subgrade, course applications, density, and finish shall be in
accordance with NCTCOG Item 301.5.2. If the existing subgrade is unsuitable, the subgrade
materiel shall be removed and replaced with suitable subgrade material from the work site or
with select backfill specified by the Owner's Representative.
Payment: Payment shall be at the contract unit price per square yard of flexible base or subbase
constructed in place to the full depth specified on the plans.
Item 302.9 Asphalt Pavement (Materials Only�
General: This item shall govern the use of allowable asphalt pavement materials required for the
construction of asphalt pavement.
Aggregate Composition: Coarse aggregate, fine aggregate, sand and mineral filler shall adhere to
the standards of NCTCOG Item 302.2. Aggregate gradation requirements shall conform to the
asphalt mix design indicated on the plans or in the Special Contract Requirements.
Bituminous Materials: Unless the plans or Special Contract Requirements specify otherwise, the
asphaltic binder for asphalt pavement shall be Grade AC-20 asphalt cement.
Fibrous Reinforcement: Unless the plans or Special Contract Requirements specify otherwise,
fibrous reinforcement of asphalt pavement will not be allowed.
Paving Mixture: The paving mix design shall conform to the standard plan details or Special
Contract Requirements. In general, only Type A, B, C, and D mix designs shall be allowed.
Prime Coat: A priming coat is not required between pavement courses unless specifically called
for on the plans or in the Special Contract Requirements.
Tack Coat: Tack coat shall be a rapid setting emulsified asphalt conforming to Type RS-2 in
NCTCOG Table 302.3.4.(a) unless otherwise specified in the plans or Special Contract
Requirements.
Item 303 Portland Cement Concrete Pavement
General: This item shall govern the composition and construction of Portland cement concrete
pavement to the standards and dimensions required by the plans and specifications.
Materials:
Aggregate Composition: Coarse and fine aggregates for concrete shall conform to the provisions
of NCTCOG Item 303.2.1.
Portland Cement: Portland cement shall conform to the provisions of NCTCOG Item 303.2.2.
Chemical Admixtures: Chemical admixtures shall conform to the provisions of NCTCOG Item
303.2.3. Air entrainment admixtures shall be utilized to ensure total air content of the concrete
RFP # 5610
between 4% and 6%. Water reducing and set retarding admixtures shall be approved on a
project by project basis.
Mineral Admixtures: Mineral admixtures shall conform to the provisions of NCTCOG Item
303.2.4. Maximum fly ash amount shall not exceed 25% by weight per cubic yard of concrete.
Mineral Filler: Mineral filler will be allowed under the provisions of NCTCOG Item 303.2.5
and Table 303.2.5.(a).
Fibrous Reinforcement: Fiber reinforcement is required for concrete sidewalk. Fiber sha11 be
Fibermesh� 300 Synthetic Fiber as produced by Propex Concrete Systems or an approved
equivalent. Application shall be 1.5 lbs of fiber per cubic yard of concrete. Application shall
follow the manufacturer's guidelines.
Steel Reinforcement: Steel reinforcement shall be of the size and quantity as called for on the
plans or in the Special Contract Requirements. Steel reinforcement shall conform to the
standards of NCTCOG Item 303.2.9.
Curing Materials: Curing material shall be a ASTM 309 Type 2, white pigmented curing
compound unless otherwise noted on the plans or in the Special Contract Requirements. The use
of mats, paper or film shall not be permitted for curing purposes. The compound and its
application shall conform to NCTCOG Item 303.2.13. The compound shall be applied per the
manufacturer's guidelines.
Mix Design: Mix design shall be as called for on the plans or in the Special Contract
Requirements.
Construction: Concrete shall be mixed, delivered and placed per the requirements of NCTCOG
Items 303.3, 303.4 and 303.5. Concrete shall not be placed if the temperature is less than 40
degrees F and falling but may be placed if the temperature is above 35 degrees F and rising.
Contractor is responsible for any adverse impacts on the quality and strength of concrete placed due
to weather related conditions. Under no circumstances shall concrete be placed upon frozen
subgrade. Concrete must be placed within the time limits prescribed by NCTCOG Table
303.5.5.(a). Hand finishing of concrete pavement is only allowed in areas inaccessible to a finishing
machine. Curing compound shall be applied immediately upon conclusion of finishing per
NCTCOG Item 303.5.7. Curing compound shall be applied to the side pavement edge after the
forms are removed and before the placement of soil. Excessive voids or honeycombing of the
pavement edge may be cause for the rejection of the pavement section. When required, contraction
or dummy joints shall be sawed into the concrete per the plans within 24 hours of placement.
Unless otherwise noted in the plans or Special Contract Requirements, all vehicle traffic shall be
excluded from the new concrete pavement for a minimum of 14 days.
Payment: Payment shall be at the contract unit price per square yard of concrete placed at the
design pavement thickness. Price shall include all concrete, steel reinforcement, form work,
finishing work, jointing, sawing, sealing, and cleaning. Integral or monolithic concrete curb
placed with the pavement shall not be included; it shall be paid for separately.
Item 305.1 Concrete Curb & Gutter
General: This item shall consist of Portland Cement Concrete Curb and Gutter installed
separately from new concrete pavement.
Materials: Concrete shall conform to the class called for on the plans or in the current City
standard detail drawings. Steel reinforcement dowels, where required, shall be as called for on
the plans or in the current City standard detail drawings.
RFP # 5610
Construction: No concrete shall be placed if the temperature is less than 35 degrees F.
Concrete curb and gutter shall be installed per the plans and according to the provisions of
NCTCOG Item 305.1.3. Expansion joints shall be required every 200 feet of curb length per
NCTCOG Item 305.1.3.4. One longitudinal dowel bar of #4 reinforcing steel two feet in length
shall be required at every expansion joint.
Backfilling: The curb and gutter shall be backfilled within seventy-two (72) hours of pouring.
The backfill shall be of suitable material and compacted in a manner acceptable to the City. All
backfill material shall be free of clods and rocks and compacted to a level even with the top of
curb.
Payment: Payment shall be at the contract unit price for concrete curb and gutter complete and
in place. The unit price shall include backfilling of soil behind the curb. The unit price does not
include the excavation or disposal of material required to install the curb and gutter.
Item 305.2 Concrete Sidewalks
General: This item governs tne composition and construction of new concrete sidewalks.
References: The contractor shall refer to Item 305.2 of the NCTCOG Specifications, and the
Texas Accessibility Standards Section 4, Accessible Elements and Spaces: Scope and Technical
Requirements for details not specifically called out in this specification, the plans, or the Special
Contract Requirements.
Construction: Sidewalk shall be installed per the plans and the most current City standard
sidewalk details. Unless otherwise noted on the plans or Special Contract Requirements, the
Contractor shall be responsible for identifying the extent of the public right-of-way or easements
in which the sidewalk will be installed. Where a permanent obstruction is encountered and
existing right-of-way or easement is insufficient for the full width of the proposed sidewalk, the
sidewalk width may be reduced to thirty-six inches for the length of the obstruction. The path of
the sidewalk around an obstruction shall utilize a gradual curve so as not to create a sharp bend
around the obstruction.
Where new concrete sidewalk adjoins an existing concrete sidewalk, curb and gutter, or
driveway approach, an expansion joint shall be placed at the interface and the new sidewalk shall
be connected to the existing concrete item with 6 inch long, #3 steel reinforcement dowel bars
placed every 24 inches.
The completed sidewalk must have an unobstructed vertical clearance of eighty inches for the
entire length and width of the sidewalk. Trees, shrubs and brush that must be trimmed to
complete this task must be cut and removed in a professional manner.
Materials: Concrete mix design and steel reinforcement shall be as called for on the plans, in
the current City standard detail drawings, or in the Special Contract Requirements. Fiber
Reinforcement and curing compound shall conform to the provisions of Item 303 Portland
Cement Concrete Pavement.
Payment: Payment shall be made at the contract unit price per square yard of concrete sidewalk
complete in place. Price shall include concrete, fiber reinforcement, reinforcing steel, and joint
material. Contract unit price does not include the removal and disposal of any material required
to install the new concrete sidewalk, including existing sidewalk.
Item 501.1 Underground Conduit Materials
RFP # 5610
General: This item establishes the permissible conduit material types and size restrictions for
water, sanitary sewer and drainage applications. No other conduit types shall be permitted unless
specifically called for in the plans or Special Contract Requirements.
Water: Conduit shall be either AWWA C900 PVC pipe, AWWA C151 Ductile Iron pipe,
AWWA C303 Bar-wrapped Concrete Steel Cylinder pipe, or AWWA C200 Steel Water pipe.
Size and thickness restrictions for each pipe material type are given in the table below:
Pipe Material Diameter Ran�e (in) Min. Thickness Class
AWWA C900 6 —12 DR-18
AWWA C151 16 — 24 Class 52
AWWA C303 16 and larger Design Specific
AWWA C200 30 and larger Design Specific
Sanitary Sewer: Conduit shall be either AWWA C900/C905 PVC pipe (pressure rated
applications only), ASTM D3034 PVC pipe, ASTM F679 PVC pipe, ASTM D3262 Fiberglass
pipe, or ASTM F714 Solid Wall Polyethylene Plastic pipe (pipe-bursting applications only).
Size and thickness restrictions for each pipe material type are given in the table below:
Pipe Material Diameter Ran�in) Min. Thickness Class
AWWA C900 6- 12 DR-18
AWWA C905 14 and larger DR-18
ASTM D3034 6 —15 SDR-35
ASTM F679 18 and larger PS 46
ASTM D3262 18 and larger PS 46
ASTM F714 6 and larger Application Specific
Drainage: Conduit shall be either ASTM C76 Reinforced Concrete pipe, ASTM A760
Corrugated Aluminized Type 2 Steel pipe, or ASTM C789 and ASTM C850 Precast Reinforced
Concrete Box Sections. Size and thickness restrictions for each pipe material type are given in
the table below:
Pipe Material Diameter Range (in� Min. Thickness Class
ASTM C76 18 and larger Class II
ASTM A760 18 - 42 Design Specific
ASTM C789 or C850 As manufactured Application Specific
Item 501.7 Ductile Iron Pressure Pipe
General: This item shall govern the materials of construction and installation of Ductile Iron
Pressure Pipe for use in potable water distribution.
Material: Unless otherwise noted on the plans or in the Special Contract Requirements, ductile
iron pressure pipe shall conform to AWWA C-151 standards and have push-on joints
conforming to AWWA C111 standards. Where a pipe joint requires a mechanical joint
connection or a flanged joint connection, an appropriately jointed pipe segment shall be
furnished conforming to AWWA C111 or AWWA C110 standards. Pipe shall have a bituminous
exterior coating and be exterior corrosion protected using a polyethylene encasement per
AWWA C-105. Pipe shall be interior corrosion protected using a cement mortar lining per
AWWA C-104.
Installation: Pipe and fittings shall be installed at the locations and in the quantities indicated
on the plans or in the Special Contract Requirements. Pipe without a design profile shall be
RFP # 5610
installed at the minimum depths required by the current City of Denton Water Criteria Manual.
Pipe shall be installed according to the provisions of NCTCOG Items 505 "General Conduit
Installation" and 506 "Water Conduit Installation". Trench width and depth shall be governed
by the appropriate trench detail drawing in the plans or the current City trench detail drawing.
Installation under existing pavement shall require a pavement saw cut conforming to NCTCOG
Item 402.3 "Sawing". Ductile iron pressure pipe shall be wrapped in two layers of polyethylene
encasement prior to burial. Embedment and backfill shall be as required by the appropriate
trench detail drawing in the plans or the current City trench detail drawing. Unless the plans or
Special Contract Requirements indicate otherwise, concrete thrust blocking shall be installed at
all pipe bends, tees, or pipe ends according to the thrust blocking details in the plans or the
current City standard thrust blocking details. The maximum length of open trench at any time
shall be 200 feet. Open trench at the end of the working day must be plated or barricaded from
public access.
Testing and Disinfection: Pipe shall be hydrostatically tested according to the provisions of
NCTCOG Item 506.5 "Hydrostatic Test" and NCTCOG Table 506.5.(a). Pipe shall be purged
and disinfected according to the provisions of NCTCOG Item 506.7 "Purging and Disinfection
of Water Conduits". Disinfection may be accomplished by either the continuous feed or slug
feed methods. The City reserves the right to review the Contractor's plan of disinfection and
make modifications to the plan.
Payment: Payment for this item shall be at the contract unit price per linear foot of water pipe
installed. Unit price shall include pavement cut and repair, trench excavation, embedment, pipe
and fitting installation, backfill, thrust blocking, testing and disinfection, and temporary and
permanent pavement repair if required, including but not limited to curb and gutter, driveway
approach, sidewalks, and asphalt or concrete pavement repair. A separate unit price may be
utilized to differentiate pipe installed under pavement from pipe installed in unpaved areas.
Asphalt or concrete saw cut and removal shall be included in the unit price for water pipe
installed under pavement.
Item 501.7.4 Ductile Iron Fittin�s
General: This item shall govern the material requirements of ductile iron fittings for use in
water service supply. Installation of ductile iron fittings is described under the ductile iron and
PVC pipe installation specifications.
Materials: Unless otherwise noted on the plans or in the Special Contract Requirements fittings
shall be made of ductile iron and conform to either AWWA C110 for standard fitting sizes or
AWWA C153 for compact fitting sizes. Fitting sizes and dimensions shall be as called for on the
plans. Fittings shall have a bituminous seal coating and a cement interior lining in accordance
with AWWA C104. Fittings shall be wrapped in AWWA C105 polyethylene encasement after
installation. Fitting connection types shall be as called for on the plans or where unspecified,
mechanical joint by mechanical joint. Bolting hardware shall conform to NCTCOG Item 501.7.4.
Mechanical joints shall utilize T style bolts only. Flange connections shall utilize hex bolts only.
Payment: There is no separate pay item for ductile iron fittings as they are considered a
subsidiary cost of water line pipe installation.
RFP # 5610
Item 501.14 Pol�vl Chloride (PVCI Water Pipe
General: This item shall govern the materials of construction and installation of PVC pipe for
use in potable water distribution.
Material: Unless otherwise noted on the plans or in the Special Contract Requirements, pipe
shall meet AWWA specification C-900 for diameter sizes 4" through 12" with a minimum wall
thickness of DR 18. PVC pipe shall be blue in color. Any discoloration in the pipe shall be
sufficient cause for rejection.
Installation: Pipe and fittings shall be installed at the locations and in the quantities indicated on
the plans or in the Special Contract Requirements. Pipe without a design profile shall be installed
at the minimum depths required by the current City of Denton Water Criteria Manual. Pipe shall
be installed according to the provisions of NCTCOG Items 505 "General Conduit Installation"
and 506 "Water Conduit Installation". Trench width and depth shall be governed by the
appropriate trench detail drawing in the plans or the current City trench detail drawing.
Installation under existing pavement shall require a pavement saw cut conforming to NCTCOG
Item 402.3 "Sawing". Embedment and backfill shall be as required by the appropriate trench
detail drawing in the plans or the current City trench detail drawing. Unless the plans or Special
Contract Requirements indicate otherwise, concrete thrust blocking shall be installed at all pipe
bends, tees, or pipe ends according to the thrust blocking details in the plans or the current City
standard thrust blocking details. The maximum length of open trench at any time shall be 200
feet. Open trench at the end of the working day must be plated or barricaded from public access.
Testing and Disinfection: Water pipe shall be hydrostatically tested according to the provisions
of NCTCOG Item 506.5 "Hydrostatic Test" and NCTCOG Table 506.5.(a). Pipe shall be purged
and disinfected according to the provisions of NCTCOG Item 506.7 "Purging and Disinfection
of Water Conduits". Disinfection may be accomplished by either the continuous feed or slug
feed methods. The City reserves the right to review the Contractor's plan of disinfection and
make modifications to the plan.
Payment: Payment for this item shall be at the contract unit price per linear foot of water pipe
installed. Unit price shall include pavement cut and repair, trench excavation, embedment, pipe
and fitting installation, backfill, thrust blocking, testing and disinfection, and temporary and
permanent pavement repair if required, including but not limited to curb and gutter, driveway
approach, sidewalks, and asphalt or concrete pavement repair. A separate unit price may be
utilized to differentiate pipe installed under pavement from pipe installed in unpaved areas.
Asphalt or concrete saw cut and removal shall be included in the unit price for water pipe
installed under pavement.
�t�7a� ��i1,1� �'��� �i�� l �"1�����c�� �'"��" �'����u.�°� ������ �''i . � �. �itti:�� _� �ca�� "�"������i�r.
General: This item shall govern the materials of construction and installation of PVC pipe and
fittirigs for use in pressurized wastewater applications.
Material: Unless otherwise noted on the plans or in the Special Contract Requirements, pipe
shall meet AWWA specification C-900 for diameter sizes 4" through 12" and AWWA
specification C-905 for diameter sizes 14" and greater. Minimum wall thickness shall be DR 18.
PVC pipe shall be green in color if the application is for raw wastewater and purple if the
application is for reuse. Any discoloration in the pipe shall be sufficient cause for rejection.
Fittings shall be AWWA C907 PVC.
RFP # 5610
Installation: Pipe and fittings shall be installed at the locations and in the quantities indicated on
the plans or in the Special Contract Requirements. Pipe without a design profile shall be installed
at the minimum depths required by the current City of Denton Wastewater Criteria Manual. Pipe
shall be installed according to the provisions of NCTCOG Items 505 "General Conduit
Installation" and 506 "Water Conduit Installation". Trench width and depth shall be governed
by the appropriate trench detail drawing in the plans or the current City trench detail drawing.
Installation under existing pavement shall require a pavement saw cut conforming to NCTCOG
Item 402.3 "Sawing". Embedment and backfill shall be as required by the appropriate trench
detail drawing in the plans or the current City trench detail drawing. Unless the plans or Special
Contract Requirements indicate otherwise, concrete thrust blocking shall be installed at all pipe
bends, tees, or pipe ends according to the thrust blocking details in the plans or the current City
standard thrust blocking details. The maximum length of open trench at any time shall be 200
feet. Open trench at the end of the working day must be plated or barricaded from public access.
Testing and Disinfection: Pipe shall be hydrostatically tested according to the provisions of
NCTCOG Item 506.5 "Hydrostatic Test" and NCTCOG Table 506.5.(a).
Payment: Payment for this item shall be at the contract unit price per linear foot of pressure
rated wastewater pipe installed. Unit price shall include pavement cut and repair, trench
excavation, embedment, pipe and fitting installation, backfill, thrust blocking, testing, and
temporary and permanent pavement repair if required, including but not limited to curb and
gutter, driveway approach, sidewalks, and asphalt or concrete pavement repair. A separate unit
price may be utilized to differentiate pipe installed under pavement from pipe installed in
unpaved areas. Asphalt or concrete saw cut and removal shall be included in the unit price for
water pipe installed under pavement.
Item 501.17 Pol�vl Chloride (PVC) Wastewater Pipe & Fittin�
General: This item describes the materials of construction and installation of solid wall
unplasticized polyvinyl chloride (PVC) wastewater pipe and fittings for gravity flow applications.
Submittals: Submittals shall demonstrate that the solid wall PVC wastewater pipe and fittings
meet all of the required standards of this item.
Materials:
A. Pipe and fittings shall meet the requirements of ASTM D3034 for pipe and
fittings up through 15 inches in diameter. For diameters greater than 15
inches pipe and fittings shall meet the requirements of ASTM F679 with a
pipe stiffness of 46 psi at 5% deflection.
B. Wall thickness shall be SDR-35 unless otherwise noted on the plans or in the
Special Contract Requirements.
C. Fitting wall thickness shall match the main line pipe wall thickness.
D. Pipe and fittings shall be green in color. Any discoloration in the pipe shall be
sufficient cause for rejection.
Installation: Pipe and fittings shall be installed at the locations and in the quantities indicated on
the plans or in the Special Contract Requirements. Pipe shall be installed to the grade and
alignment indicated on the plans. Pipe shall be installed according to the provisions of NCTCOG
Items 505 "General Conduit Installation" and 507 "Wastewater Conduit Installation". Trench
width and depth shall be governed by the appropriate trench detail drawing in the plans or the
current City trench detail drawing. Installation under existing pavement shall require a pavement
saw cut conforming to NCTCOG Item 402.3 "Sawing". Embedment and backfill shall be as
RFP # 5610
required by the appropriate trench detail drawing in the plans or the current City trench detail
drawing. The maximum length of open trench at any time shall be 200 feet. Open trench at the
end of the working day must be plated or barricaded from public access.
Testing and Inspection: Pipe shall be air tested according to the provisions of NCTCOG Item
507.5.1.3 "Low Pressure air Testing". Pipe shall be deflection tested according to the provisions
of NCTCOG Item 507.5.1.4 "Flexible Pipe (Deflection) Testing". Pipe shall be inspected by
television in accordance with City of Denton Amendment Item 507.5.2.
Payment: Payment for this item shall be at the contract unit price for each linear foot of solid
wall PVC wastewater pipe installed. Unit price shall include pavement cut and repair, trench
excavation, embedment, pipe and fitting installation, backfill, testing, and temporary and
permanent pavement repair if required, including but not limited to curb and gutter, driveway
approach, sidewalks, and asphalt or concrete pavement repair. A separate unit price may be
utilized to differentiate pipe installed under pavement from pipe installed in unpaved areas.
Asphalt or concrete saw cut and removal shall be included in the unit price for sanitary sewer
pipe installed under pavement.
Item 501.24 Fiber�lass Wastewater Pipe & Fittings
General: This item describes the materials of construction and installation of fiberglass (glass-
fiber reinforced thermosetting-resin) pipe and fittings for use in wastewater applications.
Submittals: Submittals shall demonstrate that the fiberglass wastewater pipe and fittings meet
all of the required standards of this item.
Materials:
A. Pipe intended for gravity flow applications shall meet the requirements of
ASTM D3262 for pipe stiffness of 46 psi at 5% deflection. Fittings shall
conform to ASTM D3840 standards and match the pipe stiffness.
B. Pipe intended for pressure flow applications shall meet the requirements of
ASTM D3754 for pipe stiffness of 46 psi at 5% deflection. Fittings shall
conform to ASTM D5685 standards and match the pipe stiffness.
C. Minimum wall thickness shall conform to Class PN25/SN46 for gravity flow pipe
and Class PN150/SN46 for pressure flow pipe unless otherwise noted on the plans
or in the Special Contract Requirements.
D. Joints shall utilize a gasketed coupling capable of spanning both ends of the pipe
to be joined and conforming to ASTM D4161. The coupling pressure class shall
match or exceed the pipe pressure class.
RFP # 5610
Installation: Pipe and fittings shall be installed at the locations and in the quantities indicated on
the plans or in the Special Contract Requirements. Pipe shall be installed to the grade and
alignment indicated on the plans. Pipe shall be installed according to the provisions of NCTCOG
Items 505 "General Conduit Installation" and 507 "Wastewater Conduit Installation". Trench
width and depth shall be governed by the appropriate trench detail drawing in the plans or the
current City trench detail drawing. Installation under existing pavement shall require a pavement
saw cut conforming to NCTCOG Item 402.3 "Sawing". Embedment and backfill shall be as
required by the appropriate trench detail drawing in the plans or the current City trench detail
drawing. The maximum length of open trench at any time shall be 200 feet. Open trench at the
end of the working day must be plated or barricaded from public access.
Testing and Inspection: Pipe shall be air tested according to the provisions of NCTCOG Item
507.5.1.3 "Low Pressure air Testing". Pipe shall be deflection tested according to the provisions
of NCTCOG Item 507.5.1.4 "Flexible Pipe (Deflection) Testing". Pipe shall be inspected by
television in accordance with City of Denton Amendment Item 507.5.2.
Payment: Payment for this item shall be at the contract unit price for each linear foot of fiberglass
wastewater pipe installed. Unit price shall include pavement cut and repair, trench excavation,
embedment, pipe and fitting installation, backfill, testing, and temporary and permanent pavement
repair if required, including but not limited to curb and gutter, driveway approach, sidewalks,
and asphalt or concrete pavement repair. A separate unit price may be utilized to differentiate pipe
installed under pavement from pipe installed in unpaved areas. Asphalt or concrete saw cut and
removal shall be included in the unit price for sanitary sewer pipe installed under pavement.
Item 502.1-A Concrete Manhole
General: This item governs the construction of monolithic poured concrete manholes used in the
wastewater collection system.
References: NCTCOG Item 502.1 "Manholes"
NCTCOG Item 702 "Concrete Structures"
Submittals: Submittals are required for the pipe-to-manhole connector, concrete mix design,
bitumastic gaskets, grout, frame and cover, grade adjustment riser (if required), drop fittings and
pipe (if required), and interior liner (if required).
Material:
A. Concrete - Concrete shall conform to the strength requirements called for on the
plans or in the current City standard manhole detail.
B. Pipe-to-Manhole Connector - Connector shall be elastomeric PVC or rubber
that meets ASTM C923 standards.
C. Bitumastic Gasket - Bitumastic gasket shall be O-ring or preformed plastic or
butyl rubber conforming to NCTCOG Item 502.7 "Preformed Flexible Conduit
Joint Sealant".
D. Grout - Crrout shall be non-shrink, high strength grout that meets ASTM C1107
standards.
E. Frame and Cover - Frame and cover shall be grey or ductile iron castings
conforming to the requirements of NCTCOG Table 806.4.1.2.(a) "Iron Castings
Standards". Worlananship shall adhere to NCTCOG Item 806.4.2. The frame
RFP # 5610
and cover shall have a minimum clear opening of 30 inches and conform to the
current City standard frame and cover detail for dimensions and style.
F. Grade ����t��rr���� Riser — Grade adjustment riser shall be precast concrete
manufactured in accordance to ASTM C478. No other material is allowed
unless specifically called for on the plans or in the Special Contract
Requirements. Riser shall have a minimum clear opening of 30 inches and be
free of defects.
G. Dro� Manhole Pipe and Fittin�s — Pipe and fittings for drop manholes shall
conform to the same standards as those for the mainline pipe material. Fitting
and pipe dimensions shall match the size of the incoming pipe and shall
conform to the current City standard drop manhole detail.
H, Interior Linin� — Unless otherwise specified on the plans or in the Special
Contract Requirements, the interior liner for concrete manholes shall be Raveri
405 epoxy coating manufactured by Raven Lining Systems, Inc. No substitutes
are allowed for this product.
Installation:
A. Unless otherwise indicated on the plans or in the Special Contract
Requirements, all new manholes indicated on the plans must be cast-in-place
concrete.
B. Concrete manholes shall be constructed or installed at the locations and to the
dimensions indicated on the construction plans. Manholes shall be constructed
or installed according to the plan details or the current City standard manhole
detail for the relevant manhole type.
C. Rock foundation for concrete manholes shall be Aggregate Grade 4 crushed
rock as described in NCTCOG Item 504.2.2.1. Thickness shall be as called for
on the plans or in the current City standard detail.
D. Concrete manhole construction shall follow the guidelines of NCTCOG Item
502.1.4 and NCTCOG Item 702.4 except where indicated below.
E. Construction joints are not allowed for cast-in-place concrete manholes. If a
construction joint is required due to delays in concrete delivery, weather or any
other cause the City Inspector or Engineer shall direct the type of construction
joint to be installed before proceeding with the remaining concrete placement.
Cost for the creation of the construction joint and any associated delay in the
construction of the manhole shall be solely the responsibility of the Contractor.
F. Concrete placement is only permitted if the temperature is equal to or greater
than 40 degrees F and rising.
G. Cast-in-Place manholes shall not be backfilled for at least 12 hours after the
forms have been removed.
H. The final elevation of the frame and cover shall conform to the elevation called
for on the plans with the following allowable modifications.
Manholes installed in existing pavement shall have the top of the frame cover
match as closely as possible the pavement elevation.
Manhole covers in parkway, lawns, or other improved lands shall be at an
elevation of not more than 1 inch nor less than one half 1/2 inch above the
surrounding ground unless otherwise specified by the plans. Backfill shall
provide a uniform slope from the top of the manhole casting for not less than 3
feet each direction to finished grade of the ground. Manholes in open fields,
RFP # 5610
unimproved land, or drainage courses shall be at an elevation of not more than
12 inches or less than 6 inches above the surrounding ground unless otherwise
specified by the plans.
Manholes in proposed paved areas shall have grade stakes with the finish
elevation of the street. The final elevation of the frame cover shall conform to
the final elevation of the street.
I. Frame and cover shall be placed with one strip of bitumastic gasket between the
manhole cone and the frame. No gaps will be allowed in the bitumastic gasket.
Where grade adjustrnent risers are required, bitumastic gaskets shall be placed
between each riser layer, the frame bottom and the cone top. Gasket shall
provide a watertight seal between the adjoining elements.
J. Interior and exterior grouting is required for all construction joints, between
grade adjustrnent riser layers, and between the frame and manhole cone.
Grouting shall have a smooth finish and provide a watertight seal capable of
permitting the manhole to pass the low pressure air test.
K. Drop manholes and vented manholes shall be constructed as shown on the
plans or in accordance with the current City standard detail.
L. Backfilling requirements around the manhole shall conform to the standard
trench detail relevant to the location of the manhole.
M. Interior lining of a manhole shall be conducted only after the manhole has
passed the low pressure air test described in NCTCOG Item 502.1.5.2. Lining
shall be performed by a contractor certified by the manufacturer to field
apply their product.
Field Quality Control:
A. No water shall be allowed to stand in the channel or on the shelf of a new
manhole.
B. The manhole shall be visually inspected inside and on the exterior portions
above ground. Any form lines or honey combing shall be smoothed and
grouted.
C. The manhole shall be vacuum tested according to NCTCOG Item 502.1.5.2.
Payment: Payment for this item shall be made at the contract unit price for each concrete
manhole constructed or installed. The unit price shall include all labor, equipment, and materials
necessary to construct, install and backfill around the manhole as indicated on the plans. The
unit price shall also include any pavement, curb, sidewalk or driveway cut and repair required to
install the manhole. Drop, Vented or Lined manholes shall be separate pay items also covered
under this specification. The Drop, Vented or Lined Manhole shall be at the contract unit price
for that item and include all labor, equipment, and materials necessary to construct the Drop,
Vented or Lined Manhole, including all pipe and fittings necessary to make the drop or vent
outlet.
Item 502.1-B Fiberglass Manhole
General: This item governs the materials of construction and installation of fiberglass manholes
used in the wastewater collection system.
References: NCTCOG Item 502.1 "Manholes"
Submittals: Submittals are required for the pipe-to-manhole connector, concrete mix design,
fiberglass manhole shell, bitumastic gaskets, grout, frame and cover, grade adjushnent riser, and
RFP # 5610
drop fittings and pipe (if required).
Material:
A. Concrete - Concrete shall conform to the strength requirements called for on the
plans or in the current City standard fiberglass manhole detail.
B. Pipe-to-Manhole Connector - Connector shall be elastomeric PVC or rubber
that meets ASTM C923 standards.
C. Bitumastic Gasket - Bitumastic gasket shall be O-ring or preformed plastic or
butyl rubber conforming to NCTCOG Item 502.7 "Preformed Flexible Conduit
Joint Sealant".
D. Fiberglass Manhole Shell — Manhole shell shall conform to ASTM D3753
standards and NCTCOG Item 502.1.1.2 requirements. Unless otherwise noted
on the plans or the Special Contract Requirements, manhole shells will not have
factory installed pipe stub-outs.
E. Grout - Grout sha11 be non-shrink, high strength grout that meets ASTM C1107
standards.
F. Frame and Cover - Frame and cover shall be grey or ductile iron castings
conforming to the requirements of NCTCOG Table 806.4.1.2.(a) "Iron Castings
Standards". Workmanship shall adhere to NCTCOG Item 806.4.2. The frame
and cover shall have a minimum clear opening of 30 inches and conform to the
current City standard frame and cover detail for dimensions and style.
G. Grade Adjustment Riser — Grade adjustment riser shall be precast concrete
manufactured in accordance to ASTM C478. No other material is allowed
unless specifically called for on the plans or in the Special Contract
Requirements. Riser shall have a minimum clear opening of 30 inches and be
free of defects.
H. Drop Manhole Pipe and Fittings — Pipe and fittings for drop manholes shall
conform to the same standards as those for the mainline pipe material. Fitting
and pipe dimensions shall match the size of the incoming pipe and shall
conform to the current City standard drop manhole detail.
Installation:
A. Fiberglass manholes are only permitted where specifically called for on the
plans or in the Special Contract Requirements.
B. Fiberglass manholes shall be constructed or installed at the locations and to the
dimensions indicated on the construction plans. Manholes shall be constructed
or installed according to the plan details or the current City standard manhole
detail for the relevant manhole type.
C. Rock foundation for concrete manholes shall be Aggregate Grade 4 crushed
rock as described in NCTCOG Item 504.2.2.1. Thickness shall be as called for
on the plans or in the current City standard detail.
D. Fiberglass manhole construction shall follow the guidelines of NCTCOG Item
502.1.4.
E. Field joining of fiberglass manhole sections is not pernutted. Fiberglass
manholes shall be monolithic structures.
F. Concrete placement is only permitted if the temperature is equal to or greater
than 40 degrees F and rising.
I. Frame and cover shall not be directly placed on the fiberglass cone section. A
grade adjustment riser is required between the frame casting and the cone.
RFP # 5610
J. The final elevation of the frame and cover shall conform to the elevation called
for on the plans with the following allowable modifications:
Manholes installed in existing pavement shall have the top of the frame cover
match as closely as possible the pavement elevation.
Manhole covers in parkway, lawns, or other improved lands shall be at an
elevation of not more than 1 inch nor less than one half 1/2 inch above the
surrounding ground unless otherwise specified by the plans. Backfill shall
provide a uniform slope from the top of the manhole casting for not less than 3
feet each direction to finished grade of the ground. Manholes in open fields,
unimproved land, or drainage courses shall be at an elevation of not more than
12 inches and or less than 6 inches above the surrounding ground unless
otherwise specified by the plans.
Manholes in proposed paved areas shall have grade stakes with the finish
elevation of the street. The final elevation of the frame cover shall conform to
the final elevation of the street.
No portion of the fiberglass manhole shell shall be left exposed above ground.
K. Frame and cover shall be placed with one strip of bitumastic gasket between a
grade adjustment riser and the frame. No gaps will be allowed in the bitumastic
gasket. Where multiple grade adjustment risers are required, bitumastic gaskets
shall be placed between each riser layer, the frame bottom and the cone top.
Gasket shall provide a watertight seal between the adjoining elements.
L. Interior and exterior grouting is required between each grade adjushnent riser
layer, between the frame and riser, and between the riser and manhole cone.
Grouting shall have a smooth finish and provide a watertight seal capable of
permitting the manhole to pass the low pressure air test.
M. Drop manholes and vented manholes shall be constructed as shown on the
plans or in accordance with the current City standard detail.
N. Backfilling requirements around the manhole shall conform to the standard
trench detail relevant to the location of the manhole.
Field Quality Control:
A. No water shall be allowed to stand in the channel or on the shelf of a new
manhole.
B. The manhole shall be vacuum tested according to NCTCOG Item 502.1.5.2.
If the fiberglass manhole is indicated as being a watertight manhole on the
plans it must be able to pass the vacuum test with no measurable loss in air
pressure to be accepted.
Payment: Payment for this item shall be made at the contract unit price for each fiberglass
manhole installed. The unit price shall include all labor, equipment, and materials necessary to
construct, install and backfill around the manhole as indicated on the plans. The unit price shall
also include any pavement, curb, sidewalk or driveway cut and repair required to install the
manhole. Drop or Vented manholes shall be separate pay items also covered under this
specification. The Drop or Vented Manhole shall be at the contract unit price for that item and
include all labor, equipment, and materials necessary to construct the Drop or Vented Manhole,
including all pipe and fittings necessary to make the drop or vent outlet.
Item 502.3 Fire Hvdrant Assembly
RFP # 5610
General: This item shall govern the manufacture and installation of fire hydrants and the
associated fittings, appurtenances and valves for water supply service.
Materials: Fire hydrants shall be Dry-Barrel type manufactured in compliance with AWWA
standard C-502 and NCTCOG Item 502.3.1. Shut-off shall be with the flow. Operating nut shall
be industry standard 1 1/z" pentagon (five-sided) that opens left (counter-clockwise). The main
pumper nozzle shall be 4'h" in size and the two side nozzles shall be 2 1/Z" in size. Fire hydrant
color is to be blue or blue and silver. Lead pipe to the main shall be 6-inch AWWA C900 PVC
water pipe conforming to Item 501.14 unless otherwise called for on the plans. Gate valve shall
be a 6-inch resilient wedge gate valve conforming to Item 502.6.2 unless otherwise called for on
the plans.
Installation: Fire hydrants and their associated lead line assemblies shall be installed at the
locations and to the dimensions indicated on the plans or in the Special Contract Requirements.
Fire hydrant assemblies shall be installed per the plan details or the current City standard detail.
Installation shall follow the guidelines of NCTCOG Item 502.3.2 except where those guidelines
conflict with the plans, details or Special Contract Requirements.
Payment: Payment shall be at the contract unit price for each fire hydrant assembly installed,
complete in place. Unit price shall include excavation, backfill, the fire hydrant, the lead line, the
gate valve, all appurtenances and fittings, and the valve box installation.
Item 502.6.2 Resilient Seated Gate Valves
General: This item shall govern the materials of construction and installation of resilient seated
gate valves and their associated housings and appurtenances for water supply service.
Material: Gate valves shall conform to AWWA C509 standards for valve sizes 3 inches
through 12 inches. Gate valves shall conform to AWWA C515 standaxds for valve sizes 14
inches through 24 inches. Unless otherwise noted on the plans or in the Special Contract
Requirements, resilient seated gate valves larger than 24 inches in size shall not be allowed.
Fittings, concrete mix design, valve box housing, vault frame and cover, and appurtenances shall
be as indicated on the plans or in the Special Contract Requirements.
Gate valve components shall conform to the provisions of NCTCOG Item 502.6.2, where
applicable.
Each valve shall have the manufacturer's name plate cast into the body or bonnet showing the
pressure rating, serial, model number, and the year manufactured. The year manufactured shall
be equal to or one year less than the year of installation. The wedge encapsulation rubber shall be
EPDM.
Valve body and bonnet shall be epoxy coated, inside and out, with fusion bonded epoxy
conforming to AWWA C550.
Valves ends shall be as called for on the plans.
Valve gear operators shall be as indicated on the plans, in the Special Contract Requirements or
in the current City standard detail drawing. Valve boxes shall be three piece screw type, cast or
ductile iron conforming to ASTM A48 Class 35B strength requirements.
Installation: Gate valves shall be installed at the locations and to the depths indicated on the
plans or Special Contract Requirements. Gate valves shall be installed per the detail drawing on
RFP # 5610
the plans or the current City standard detail drawing. Gate valves shall be installed in the vertical
position unless otherwise noted on the plans or in the Special Contract Requirements, Gate
valves shall be installed in accordance to NCTCOG Item 502.6.6 "Line Valve Installation". Gate
valves shall be wrapped in two layers of polyethylene encasement prior to burial.
Payment: Payment shall be at the contract unit price for each gate valve installed, complete in
place. Unit price shall include excavation and backfill for vaults, fittings and appurtenances,
valve box installation and vault construction (if required per the plans).
Item 502.6.3 Air Valves
General: This item shall govern the manufacture and installation of air release, air/vacuum, and
combination air valves and their associated housings and appurtenances for use in water
distribution or wastewater collection systems.
Material: Air valves shall meet the material requirements of AWWA C512 and NCTCOG Item
502.6.3.3 except that rubber shall be EPDM instead of Buna-N. Unless otherwise noted on the
plans or in the Special Contract Requirements the air valve inlets and outlets shall conform to the
provisions of NCTCOG Item 502.6.3.4. Air valves shall be rated for a minimum operating
pressure of 200 psi. Air outlet piping, fittings, concrete mix design, valve box housing, vault
frame and cover, and appurtenances shall be as indicated on the plans or in the Special Contract
Requirements.
Wastewater Air Valves: Air valves for use in wastewater collection systems must be designed
specifically for that purpose. Air valves for wastewater must be attested by the manufacturer for
that use and submitted to the City as part of the submittal.
Installation: Air valves shall be installed at the locations and to the dimensions shown on the
plans or in the Special Contract Requirements. The plans shall indicate the type of air valve to
be installed. Air valves shall be installed per the detail drawing on the plans or the current City
standard detail drawing. Air valves shall be installed in accordance to NCTCOG Item 502.6.6
"Line Valve Installation".
Payment: Payment shall be at the contract unit price for each air valve installed, complete in
place. Unit price shall include excavation, all appurtenances and fittings, valve box installation,
and vault construction (if required per the plans).
Item 502.8 Polvethvlene Wrap for Metal Pipe and FittinQs
General: This item governs the installation of protective film wrap required for metal pipe,
fittings and appurtenances.
Material: Polyethylene wrap sheets shall conform to AWWA C105 standards and be a
minimum of 8 mils in thickness.
Installation: Installation shall be per NCTCOG Item 502.8 except that every metal pipe or
fitting shall be double-wrapped.
Payment: There is no separate payment for polyethylene wrap, it is considered a subsidiary cost
to the bid item for which it is required.
Item 502.10.3-A Water Service Connections (Small Diameter)
General: This item shall govern the materials of manufacture and installation of water service
connections up to 2 inches in size on new water distribution lines. Water Service connections for
RFP # 5610
service lines in excess of 2 inches are handled under Item 502.10.3-B "Water Service
Connections (Large Diameter)". Connections to existing or "live" water distribution lines shall
not be covered by this item and are typically performed by City forces.
Materials: Material items for water service connections shall conform to the plans or current
City standard details in dimension and type. Specific item requirements are listed below:
Tapping Saddle: Saddle shall be a double strap brass/bronze saddle with a tapered (CC) tap
thread conforming to AWWA C800.
Corporation Valve: Corporation valve shall be a ball type valve made of brass conforming to
AWWA C800 with a tapered (CC) inlet thread and a pack joint outlet connection.
Service Line Tubing: Service line tubing shall Type K copper for 1" service lines and SDR-9
HDPE conforming to AWWA C901 standards for 1%Z" and 2" service lines.
Meter Valve: Meter valve shall be a 90 degree angled ball valve made of brass conforming to
AWWA C800 with a pack joint inlet connection and a locking wing on the valve operator.
Water Meter Cans: Can size shall be based on water meter size, not service line size. Water
meter cans shall have a galvanized steel or cast iron body with a notched meter outlet opening.
Lids shall be cast iron with a key lock. Minimum can depth shall be 18 inches. 3/" meter cans
shall have minimum inside diameter of 17 inches. 1" meter cans shall have a minimum inside
diameter of 24 inches. 1 1/2" and 2" meter cans shall have a minimum inside diameter of 27.5
inches.
Installation: Tapping saddle, corporation valve, service line tubing, meter valve and water meter
can shall be installed per the plans or current City standard detail. Construction of the service
connection shall conform to NCTCOG Item 502.10.3 for the appropriate main line pipe material
type except that direct tapping of PVC pipe is not allowed, it must be done with a service saddle.
Service line installation under existing pavement shall be performed by directional drilling unless
otherwise noted on the plans or Special Contract Requirements. The meter can shall be located in
public right-of-way between the curb or pavement edge and the sidewalk. In cases where there is
no sidewalk the can shall be installed with the outlet side at the right-of-way line. Meter cans
shall be installed in unpaved surfaces only. Water meter installation is performed by the City.
Payment: Payment for this item shall be at the contract unit price for each service connection
installed. Payment shall include excavation, backfill and the installation of all items listed above.
Item 502.10.4 Sanitarv Sewer Services
General: This item describes the materials, construction and installation of sanitary sewer
service lines and fittings.
References: NCTCOG Item 502.10.4
Submittals: Submittals shall contain enough information to show that the service line pipe and
fittings meet the corresponding main line pipe specification standards and that the cleanout
housing meets the dimensional standards of the standard detail.
Materials:
A. Service line pipe and fittings shall meet the requirements of the corresponding
main line pipe to which it is connected.
RFP # 5610
B. Cleanout box shall be as indicated on the plans or in the current City standard
details.
C. All pipe and fittings shall be green in color. Any pipe that is discolored may be
rejected.
D. Each joint of pipe shall have the manufacture's name, applicable ASTM standard,
the nominal diameter, standard dimension ratio, and the extrusion date printed on
the pipe. Submittal shall contain explanation of how to read manufacturer's date
codes.
Installation:
1. Wastewater service lines shall be installed at the locations and to the sizes
indicated on the plans. In the event that the plans do not indicate this information,
the service lines shall be installed following the current service line standards
indicated in the Denton Wastewater Criteria Manual and the current City service
line location detail.
2. Service line and fittings shall be installed according to the details on the plans or
the current City standard service line detail.
3. Service lines shall be installed per NCTCOG Item 502.10.4 where applicable, and
in accordance with the specifications governing mainline pipe installation.
4. Trench width shall be a minimum of the outside diameter of the pipe plus 8 inches.
The maximum trench width for any service line size shall be 18 inches.
5. Embedment and backfill shall be as required on the standard service line detail
drawing.
6. Service lines installed under existing pavement shall require temporary pavement
repair in accordance to the trench detail for existing pavement unless otherwise
noted on the plans or in the Special Contract Requirements.
7. The service line shall be pressure tested in accordance with NCTCOG Item
507.5.1.3 up to and including the new cleanout riser.
Payment: Payment for this item shall be at the contract unit price for each service line installed
including embedment and backfill. All labor, equipment, and materials needed to properly install
the sewer service shall be included in the contract price.
Item 502.12.4 Core into Existin� Manhole
General: This item describes the procedure for coring into an existing manhole in order to install a
new pipe connection.
Submittals: Submittals shall demonstrate that the pipe-to-manhole connector and grout meet the
required standards of this item.
Material:
A. Pipe-to-Manhole Connector — Connector shall be elastomeric PVC or rubber that
meets ASTM C923 standards.
B. Grout — Grout shall be non-shrink, high strength grout that meets ASTM C1107
standards.
Execution:
A. The new pipe connection shall be made using a coring method that utilizes a
mechanical saw or drill. The use of pipe hammers or jackhammers is not allowed.
B. The manhole wall shall be cored or cut to the elevation indicated on the plans. The cut
RFP # 5610
or cored area shall be of sufficient size to allow the insertion of the new pipe and the
pipe-to-manhole connector. If required, the bench area shall also be cut or cored to the
width of the new conduit to ensure a continuous grade from the new conduit invert
into the manhole invert. Care should be taken to minimize the hole size so that the
amount of grouting is kept to a minimum.
C. The Contractor shall keep debris from entering the wastewater flow stream in the
existing manhole. This shall be done by either using a flow-through plug on the
existing manhole pipe connections or by bypass pumping around the manhole.
D. A pipe-to-manhole connector shall be attached to the sanitary sewer pipe where the
sanitary sewer pipe and the manhole meet.
E. The new sanitary sewer shall not protrude more than one inch into the manhole.
F. The core hole and bench cut (if required) shall be thoroughly cleaned before the
application of grout around the new pipe connection.
G. Grout shall be applied to the full thickness of the manhole wall all around the new pipe
connection to produce a watertight seal. The pipe-to-manhole connector shall be
completely encapsulated within the grouted area. If a bench cut was required, the cut
area shall be smoothed with grout.
H. The excavated area shall be backfilled in accordance with the standard trench detail
appropriate to the surface condition.
Payment: Payment for this item shall be at the contract unit price for each cored pipe connection
created in an existing manhole, including excavation, backfill, patching grout, connection materials
furnished and cleanup of grout around and in the manhole.
Item 503.2 Tunnel/Casing Pipe Spacers
General: This item shall govern the manufacture and installation of pipe spacers for pipe
installation in or casings.
Material: Casing spacers shall be either high density polyethylene (HDPE) spacers conforming
to ISO 9001:2000 strength and quality standards, or two-piece carbon or stainless steel shell
spacers. Spacers shall be completely circumferential in shape and coverage of the carrier pipe.
Steel shell for steel spacers shall be a minimum 14-gauge thickness. Steel casing spacer runners
shall be made of a dielectrically inert material. Carbon steel spacers shall have a corrosion
resistant coating.
Installation: Spacer placement shall be in accordance with the plans or the current City standard
detail for casing pipe installation. Spacers shall be fastened onto the carrier pipe following the
manufacturer's recommendation and/or guidelines.
Payment: There is no separate payment for tunnel or casing pipe spacers or their installation.
This is considered a subsidiary cost of the carrier pipe installation.
Item 503.3 Boring and Tunnelin�
General: This item shall govern the materials of construction and installation of underground
conduit by boring or tunneling. Installation of underground conduit by jacking is not allowed
unless specifically called for in the plans or Special Contract Requirements.
Casing Pipe Material: The casing pipe material, its dimensions and coating/lining shall
conform to the specifications indicated on the plans or in the Special Contract Requirements.
RFP # 5610
Casing Pipe or Tunnel End Seal: The casing pipe or tunnel end seal shall be as called for on
the plans or in the current City standard detail.
Installation by Boring: Boring shall conform to all relevant portions of NCTCOG Item 503.3.3
"Construction Methods for Jacking, Boring or Tunneling". Vertical and horizontal alignment
tolerance levels shall be as follows unless otherwise indicated on the plans or in the Special
Contract Requirements:
Horizontal: 1% of bore length for both water and sewer.
Vertical: +/- 0.5% of indicated grade for water; +/- 0.2% of indicated grade for sewer
with minimum allowable grade being 0.1 % in the direction of flow.
A 2-inch pilot hole bore shall be required prior to the casing pipe bore to establish alignment and
grade. If the pilot bore exceeds the horizontal or vertical tolerance levels then the pilot hole shall
be filled with grout and a new pilot hole bored. The casing pipe shall be advanced behind the
auger bore utilizing the pilot hole as a guide. Disposal of excavated material is the responsibility
of the contractor per Item 107.25.
Installation by Tunneling: Tunneling shall conform to all relevant portions of NCTCOG Item
503.3.3 "Construction Methods for Jacking, Boring or Tunneling". Vertical and horizontal
alignment tolerance levels shall be as follows unless otherwise indicated on the plans or in the
Special Contract Requirements:
Horizontal: 1% of bore length for both water and sewer.
Vertical: +/- 0.5% of indicated grade for water; +/- 0.2% of indicated grade for sewer with
minimum allowable grade being 0.1 % in the direction of flow.
A pilot hole is not required in advance of tunneling. Tunneling shall utilize a guided tunnel
boring machine (TBM) or shielded hand tunneling with a grade and alignment steering control
mechanism. The casing pipe shall be advanced behind the tunneling operations as close as
possible to minimize the area of unprotected excavation. Disposal of excavated material is the
responsibility of the contractor per Item 107.25.
Welding: Casing pipe joints shall be welded in accordance to AWWA C-206 standards and
shall utilize full circumferential butt welds. After welding, the pipe liner and coating shall be
repaired by using a field applied coating of an approved lining material.
Payment: Payment shall be made at the contract unit price per linear foot of casing pipe
installed by boring or tunneling. The installation of the carrier pipe shall not be included in this
bid item. Casing spacer placement and end seals shall not be included in this bid item; those
items shall be subsidiary to the carrier pipe installation cost. Payment shall include all
excavation, backfill, and welding required to install the encasement pipe or tunnel.
RFP # 5610
Item 507.4.5 Sewer Pipe Couplin�
General: This item describes the materials and installation of pipe couplings to join plain end sewer
pipes of the same or different pipe material together. The use of couplings is not allowed for a
connection greater than 48 inches in diameter.
Submittals:
A. Only those manufacturers whose sewer pipe couplings have been approved by
the City of Denton will be allowed for use in the City's wastewater collection
system.
B, Submittals shall contain enough information to show that the sewer pipe
coupling is the same as what has been approved by the City of Denton and
meets or exceeds all standards listed within this specification.
Products:
Acceptable Manufacturers and Products
Installation:
A. Onset Pipe Products, Inc., Shear Guard� Coupling, sizes 4" through 12", for
both similar and dissimilar pipe materials and O.D.s.
B. Straub Pipe Couplings, Inc., Flex model with EPDM gaskets, sizes 15" through
48", for similar pipe materials only.
C. . Multi Fittings Corporation, Plastic Trends Inc., or the Pipe Manufacturer,
Manufactured Gasketed Coupling with rigid housing, sizes 15" through 48", for
dissimilar pipe materials or pipe O.D.s.
A. Pipe ends to be joined shall be thoroughly cleaned to remove all dirt or foreign
material.
B. The pipe coupling shall be installed per the manufacturer's guidelines. The
coupling shall not be tightened to the extent that it causes defortnation of either
pipe end.
C. Pipe couplings shall be encased in Class B concrete, according to the standard
detail drawing.
D. The Inspector shall inspect the installed coupling for tightness of fit prior to
covering with concrete.
Payment: Payment for this item sha11 be included in the unit price for pipe installation.
Item 507.5.2 Television Inspection
General: This item describes televised inspection of all new sanitary sewer lines and sanitary
sewer services prior to final acceptance and at the end of the warranty period.
Execution:
A. The Contractor or a third party hired by the Contractor shall perform the televised
inspection of the new sanitary sewer line.
B, The person perForming the inspection must be PACP (Pipeline Assessment &
RFP # 5610
Certification Program) certified.
C. The City of Denton Inspector shall be present during the television inspection, unless
otherwise authorized in writing.
D. The televised inspection shall commence only after the line has passed both air and
mandrel test and the line has been thoroughly cleaned and vacuumed.
E. Televised Inspection sha11 follow the procedures outlined in NCTCOG Item 507.5.2.
F. The camera shall be centered in the middle of the pipe throughout the inspection.
Inspection that is excessively off-centered may be cause for rejection.
G. The camera shall proceed at a rate no faster than 30 feet per minute. Inspections that
proceed at a greater rate may be rejected.
H. 'The camera shall be stopped at each lateral connection and the camera head shall be
rotated to inspect each lateral connection fully.
Submittal:
A. Video and log sheet information must comply with NCTCOG Item 507.5.2.1.
B. Log sheet report must utilize PACP reporting standards.
C. Video submittal shall be a digital mpeg file unless otherwise directed by the City's
representative.
Criteria for Repair:
The Contractor shall make repairs or clean the line if the City notes problems, including but not
limited to the following:
A. Pulled or slipped joints.
B. Rolled gaskets.
C. Water infiltration.
D. Cracked or damaged pipe.
E. In pipes with gradients less than 0.7 percent, a maximum one-half inch of standing water
will be allowed in 6" through 24" diameter pipes. In pipes with gradients 0.7 percent or
greater, no standing water is allowed. The depths of standing water allowable for mains that
are greater than 24" in diameter will be evaluated by the City.
F. Structural damage to the pipe.
G. Services coming into the main at an angle other than according to the details.
H. Services not installed on lots indicated by plans.
I. Pipe has debris, soil or residue.
Another televised inspection run at no additional cost is required after any repairs.
Warranty Inspection: A second television inspection by the Contractor shall be started no sooner
than 630 calendar days and finished no later than 690 calendar days after the date of acceptance for
this project by the City of Denton. Should the Contractor fail to turn in a second original television
inspection video with proper documentation to the City by the 690th calendar day, written notice to
perform a second television inspection shall be given by the City to the Contractor and the Surety.
If the Contractor or Surety fail to perform a second televised inspection within 10 calendar days of
notification, then the City shall have the right with or without further notice, to perform a second
television inspection or cause the same to be done, either by contract or otherwise at its option, and
to pay for the cost of the second television inspection. If such cost of repairs, so made, shall not be
RFP # 5610
paid by the Contractor or Surety upon receipt of notice of the amount thereof, the said City shall
have the right of action on the Performance Bond; or in case the second television inspection shall
not actually be made by the City after such failure on the part of the Contractor or Surety, the City
shall have the right to ascertain and determine the cost of such repairs and to maintain an action
against the said Contractor or Surety, or both under said bond, to recover the amount so determined
in any court of competent jurisdiction, and the amount so determined shall be conclusive upon the
Contractor and Surety in any action upon said bond.
Payment: Payment for both the final acceptance and final warranty televised inspection of
sanitary sewer and services shall be included in the price of new sanitary sewer pipe and services
installed.
Item 801 Barricade, Detours, and Warnin� Signs
General: This item provides for the cost of necessary barricading, warning signs and detours for
the Contractor to perform public improvement work. A traffic control plan prepared by a civil
engineer licensed in the State of Texas, conforming to the M.U.T.C.D., is to be submitted to the
City prior to the start of construction. Barricading will conform to the M.U.T.C.D. At no time
shall any property's access be completely blocked. The contractor will be required to notify by
written notice all affected property owners or tenants at least 48 hours in advance of construction
adjacent to each property. While driveways are closed due to utility construction, signage must
be placed indicating the alternate driveway location. Signs marking temporary or alternate
driveway locations should state the name of the business in block letters at least 4 inches high
and include an arrow indicating the entrance. Driveway indicator signs may be mounted on T-
posts. Traffic must be allowed to continue with as little interruption as possible. Street closings
must be scheduled at least one week in advance so they may be advertised in the Denton Record-
Chronicle. The Inspector must be supplied with a phone number that may be used if barricading
becomes unsafe during non-working hours. Refer to the requirements listed under the General
Provisions.
NCTCOG Reference: Items 107.19 and 801
Payment: Payment for this item shall be at the contract lump sum for all work, equipment and
signage necessary to completely barricade the project.
Item SSO1 Cut and Plu� Existin� Sewer Lines
General: This item describes the cutting and plugging of abandoned sections of sanitary sewer.
Materials:
A. Concrete shall be Class "B" as defined by NCTCOG Item 702.2.4.2.
B. Grout shall conform to ASTM C1107 standards.
C. Manufactured cap or plug shall be PVC or HDPE conforming to the material
standards of the pipe to be abandoned.
Execution:
A. Wherever indicated on the plans, the existing line to be abandoned shall be
exposed and a two foot section of pipe shall be removed. If the cut and plug
location is adjacent to a manhole that is to remain in service the pipe cut shall be
no closer than two feet from the manhole wall.
RFP # 5610
:
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The removed section of abandoned pipe shall be filled with concrete until both
ends of the abandoned pipe are effectively sealed.
Concrete shall be prevented from entering the manhole invert through the use of
a pipe plug or some other suitable blocking agent.
If the pipe to be abandoned is greater than 24 inches in diameter a manufactured
cap or plug may be utilized to seal the abandoned pipe ends in lieu of concrete.
The manufactured cap or plug must be grouted onto the abandoned pipe end to
ensure a watertight sea1.
E. The excavation hole shall be backfilled per the standard trench detail
appropriate for the surface condition.
Payment: Payment for this item shall be at the contract unit price for each location where an
abandoned sanitary sewer is cut and plugged. The unit price sha11 include excavation, backfill,
cutting and plugging of pipe and all material required.
Item SS02 Abandon Existin� Manhole
General: This item describes the procedures for the abandonment of existing manholes.
Materials:
A. Concrete - Concrete shall conform to all sections of NCTCOG Item 702.2.4.2 for
B.
Execution:
A.
:
C.
Class B concrete.
Sand - Sand shall conform to Item 504.2.2.6 of the NCTCOG standards.
Removal items or sections shall be indicated on the standard manhole abandonment
detail. Removed items and sections shall be the property of the Contractor and must be
disposed of in accordance to NCTCOG Item 107.25.
Manhole outlets shall be plugged and the manhole filled according to the standard
manhole abandonment detail.
The area above the abandoned manhole shall be compacted with backfill according to
the standard manhole abandonment detail.
Payment: Payment shall be at the contract unit price for each existing manhole abandonment
completed. The unit price shall include all the necessary labor, equipment, and materials needed to
properly abandon the manhole. Excavation and backfill are included in the unit price.
Item SS03 Remove Existin� Manhole
General: This item describes the procedures for the removal of existing manholes.
Execution:
A. Excavation shall be made around the manhole to be removed to a depth equivalent to the
concrete base of the manhole.
B. Connecting sewer lines shall be cut or broken where they enter the existing manhole.
C. All parts of the manhole shall be removed and disposed of by the Contractor in accordance
to NCTCOG Item 107.25.
D. Each connecting sewer line shall be plugged with Class B concrete or capped with a
manufactured watertight cap where the line is greater than 24 inches in diameter. Plugging
shall follow the requirements of Item SSO1.
E. 'I`he excavation hole shall be backfilled according to the standard trench detail for the
RFP # 5610
appropriate surface cover condition.
Payment: Payment shall be at the contract unit price for each existing manhole removal completed.
The unit price shall include all the necessary labor, equipment, and materials needed to properly
remove the manhole and plug all connecting sewer lines. Excavation and backfill are included in the
unit price.
Should a conflict arise between the PO, RFP document, suuulier terms. drawin�s,
specifications, construction document, or contract; the terms and conditions set forth in the
Citv of Denton General Conditions and the ne�otiated contract shall prevail.
RFP # 5610
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PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue
shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Work to be performed thereunder, or to the Plans, Speci�cations, Drawings, etc.,
accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings,
etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such suretyship, as provided by Article
7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN '4�� I° I�i i��"�r" l��1�,1�� I°�(�:�F, this instrument is executed in four copies, each one of which
shall be r���;w�r���3 an a,��°i�i,������, this the �th day of �anuary , 20�5 .
�� � ,
--- ------
ATTEST: � �� � � PRINCIPAL
:
RETARY
ATTEST:
BY. � '���...� �.�,,,,, �� �.���.�.
Nu-Way Construction, LLC
BY: ��
PRESIDI��� ���T � � ............ .�.........mm ..
SURETY
T e..0 io �� � r::au~� t� rr'��urr�'�u���� €��n�,�.�srn� _...__.___
BY:
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ATTOR�IM, " -I r��,",.�
John D. Weisbrot
The Resident Agent of the Surety for delivery of notice and service of the process is:
NAME: William D. Baldwin, Baldwin Insurance and Bonding
STREET ADDRESS: 5930 Preston View Blvd., Suite 200, Dallas, TX 75240
(NOTE: Date of Performance Borcd must be date of Contract. If Residerct Agent is not a
corporation, give a person's name.)
RFP # 5610
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This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such surety, as provided by Article 7.19-1
of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which
shall be deemed an original, this the �tn day of January ,_ 2015 .
AT'I
:
ATTEST:
BY: ��m� ��� � .� .. �",,,,.�....___—_____
PRINCIPAL
Nu-WaV Construction, LLC
BY:
PRESI � .Y1..ry.�y ........�......____
I
D A...�a P .N ii,�Y �n
A
SURETY
The Ohio Casualty Insurance Company
BY: �l
....a .. _ ._� .....w...........
ATTORN� - 4.::.1�
John D. Wei��k��a:��t
The Resident Agent of the Surety for delivery of notice and service of the process is:
NAME; William D. Baldwin, Baldwin Insurance and Bonding
STREET ADDRESS: 5930 Preston View Blvd., Suite 200, Dallas, TX 75240
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
RFP # 5610
THIS P'OWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. '
This Power of Attorney limlts the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. ssssso5
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company WestAmerican Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations tluly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized underthe laws of the State of Massachusetts, and WestAmerican Insurance Company
is a corporation duly organizetl untler the laws of the State of Intliana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute
and appoint, John D. Weisbrot�,PatriciawA. Tinsman�Riohard A. Bredow _m��� � _a,� mmmmmmmmmm �„m
all of the city of Pipersville , state of PA each individually if there be more than one nametl, its true and lawful attorney-in-fact to make, execute, seal, acknowledge
and tleliver, for antl on its behalf as surety and as its act and deed, any and all untlertakings, bonds, recognizances antl other surety obligations, in pursuance of these presents and shall
be as bintling upon the Companies as if they have been duly signed by the president antl attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixetl
thereto this 2am tlay of Julv , 2014
� ' ���t { i �° � � � �� ( � � � ��
,1 ` l �, ,� J
, �.
STATE OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West rr�r�or�an Insurance Company
� �� ���
sy �e� � ^��" ------------
David M ��r��;��h�+sk��f�ur�k Secretary
On this 24th day of �uly��� 0 2014 , before me personally appearetl David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and WestAmerican Insurance Company, and that he, as such, being authorized so to do,
execute the faregoing instrumenk for the purposes therein containetl by signing on behalf of the carporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto ��1��c��{�a�� r�'�r��R�� antl affixed i i u^� n�rG��ou�a9 �� ��II �G V°tl� i i u��uqC�u V�un.nlu7u� 4�'�"a u�i �� �����Bv�wu�G'u��, on the day and year first above written.
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f'' f" � Teresa Pastella , Notary Public
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This Power ofAttorney is matle antl �;�����.iC�.r9 y�a������rl t�� �^�rv�� �,� �ti�h�r��y u�� �th7� �faPP�rrracn� I��t•.la^�� �ru� ��otl�ari��Ci�i� � ai��4�un�u�V��u7 G-�or�;� �����R G��u�lt�� Cc�um�a�o�, f�1��: G�I��a� �;�su;�lltyt I��sc.�r�ari�c��
Company, Liberty Mutual Insurance Company, ����C,����k �arcR���°a��� Insurance Company which resolutions are now in full force antl effect reatling as follows:
ARTICLE IV — OFFICERS — Section 12. Power ofAttorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
to such limitatian as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
acknowletlge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective
powers of attorney, shall have full power to bind the Corporation by their signature antl execution of any such instruments and to attach therelo the seal af the Corporation. When so
executetl, such instruments shall be as binding as if signed by the President and attestetl to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under
the provisions of this article may be revoketl at any time by the Board, the Chairman, the Presitlent or by the afficer ar afficers granting such power or authority.
ARTICLE XIII — Executian af Cantracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorizetl for that purpose in writing by the chairman or the president,
antl subject to such limitations as the chairman ar the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute,
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances antl other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their
respeclive powers of attorney, shall heve full power to bind the Campany by their signalure antl execution of any such instruments antl to attach thereto the seal of the Company. When so
executetl such instruments shall be as binding as if signed by the president and attested by the secretary.
Certiflcate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowletlge and deliver as surety any and all untlertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent af the Company's Boartl of Directors, the Company consents that facsimile or mechanically reprotluced signature of any assistant secretary of the
Company, wherever appearing upon a ce�ifietl copy of any power of attorney issuetl by the Company in connection with surety bonds, shall be valid antl binding upon the Company with
the same force and effect as though manually affixetl.
I, Gregory W. Davenport, the untlersigned, Assistant Secretary, ofAmerican Fire antl Casualty Company, The Ohio Casualty Insurance Company, Libdrty Mutua! !nsurance Company, and
West American Insurance Company da hereby certify that the original power of attorney of which the foregoing is a full, true antl correct copy of th�; Power of Attorney executetl by said
p Y A �...�� � s����~� � ��.�.� �� �����,.�� ��° �....�. ...� . .................� , �.�b � ���.�..... �
NoTESTIMONY WHEREOF, I havethereu to set m ehand and afFlxed the seals of saitl Com anies this ,, _. ....� da of �� ,,, ��
� � a ° ?� � i ,. � S''%" � �
/ i � ; "� o- r,q �, �I �H � `,� By. G�ave� As� ��.�
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LMS,,,12873 122013
478 of 1500
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� �l�l��.;����,
�N �� "SU RETY
THE OHIO CASUALTY INSURANCE COMPANY
TINANCIAL STAT�MENT — D�CEMBER 31, 2013
Assets
Cash and Bank Deposits..,,„ .................................... $46,964,847
'�Bonds—U.S Government ..................................... 540,744,808
*Other Bonds ............................................................ 3,007,256,906
*Stocks ..................................................................... 483,417,169
RealEstate .............................................................. 26,823,784
Agents' Balances or Uncollected Premiums.........,. 763,252,695
Accrued Interest and Rents ..................................... 33,017,928
Other Admitted Assets ............................................ 738.119.911
Total Admitted Assets .................................... $5,�?2��
Liabilities
Unearned Premiums ................................................ $950,468,970
Reserve for Claims and Claims Expense ................ 2,768,804,762
Funds Held Under Reinsurance Treaties ................. 0
Reserve for Dividends to Policyholders .................. 196,198
Additional Statutory Reserve .................................. 0
Reserve for Commissions, Taxes and
Other Liabilities ....................................�..,,....... 536.009.637
Total............................................................. $4,255,479,5G7
Special Surplus Funds ................. $ 8,909,896
Capital Stock ............................... 4,Sd0,000
Paid in Surplus..,..<...� ................�. 73$,183,897
Unassigned Surplus.....,.„ ............. 632,524,68$
Surplus to Policyholders ............................... 1,384,118,481
Total Liabilities �nd Surplus ................................ �„532,52�
�„��'�� � � ��,
�;� a µ ��� * Bonds are stated at amortized or investment value; Stocks at Association Market Values.
� 1919 � The foregoing financial information is taken from The Ohio Casualty Insurance Company's financial
"�� "���, �,� statement filed with the state of Ohio Department of Insurance.
"�,� �nr„a� �
�
I, TIM MIKOLAJEWSKI, Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing is a true,
and correct statement of the Assets and Liabilit►es of said Corporation, as of December 31, 2013, to the best of my knawledge and belief.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washin;t�n, this ?Otl7 day uf
March, 2013.
,
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,M„,.,�.,,�—� -�rw8.>^%C.�`A���.A„t�-�..�.���•�',.,.
Assistant Secretary
4�
EXHIBIT E
INSURANCE REQUIREMENTS AND
WORKERS' COMPENSATION REQUIREMENTS
Upon contract execution, 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:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by the
City of Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Contractor shall fcle with the Purchasing Department satisfactory certifccates of insurance
including any applicable addendum or endorsements, containing the contract number and
title of the projec� Contractor may, upon written request to the Purchasing Department, ask
for clarification of any insurance requirements at any time; however, Contractor shall not
commence any work or deliver any material until he or she receives notification that the
contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, 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.
• 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.
• Cancellation: City requires 30 day written notice should any of the policies described
on the certificate be cancelled or materially changed before the expiration date.
RFP # 5610
• 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.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications 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
$1,000,000.00 shall be provided and maintained by the Contractor. The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU) exposures.
RFP # 5610
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than 50$ 0,000 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 Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers'
Compensation Commission (TWCC).
[] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which 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 least
$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.
RFP # 5610
[ ] 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.
[ ] 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.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
RFP # 5610
ATTACHMENT 1
[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 filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the 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 providing services on the project; and
RFP # 5610
2. no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required ce�tificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the 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:
1. 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 certificates of coverage on file for the duration of the project
and for one year thereafter;
RFP # 5610
6. notify the governxnental 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 require each person with whom it contracts, to perform as required
by paragraphs (1) -(7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. 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.
RFP # 5610
Exhibit F
City of Denton
RFP For Construction of Storni Drain, Water, and Sanitary Sewer Improvements for the McKinney St. Substation
A�I�i����l�i�CONFLICT OF INTEREST QUESTIONNAIRE
For vendor ar ather persan doine business with local �overnmental entitW
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This questionnaire reflects changes ade to the law by .. 1491, SOth Leg., egular Session. OFrICE U5E ONLY
This qu�stinnnaire is being filed in accordance with chapter 176 ofthe Local Government Code by a�a�r,�G�� �r��A�� �r;��:;v�w�
who has a business eelationship as defined by Section 176.Ob1(1-a) with a local governmental entity and 1:4'��e
person meets requirements under Section 176.006(a).
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A person commits an offense ifthe person knawingly vialates Section 176.006, Lacal Covernment Code. d���
offense under t'i��� section is a Class C misdemeanor,
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Check this box if you aA•e filing An update to a pi•eviously filed questionnaire.
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Name �af local government officer with whom filer has an employment or business relationship.
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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 Cade. Attach additional pages to this Form CIQ as necessary.
A, d� �P'r� ��w�V ���emi'ur���zr�rek r��Ct;c�� named in this section receiving or likely to receive taxable income, other than investment Income, from
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C. Is the filer of this ��������rn�c���r�r employed by a corporation or other business entity with respec4 to which the local government officer
serves as an officer ��� director, or holds an ownership of 10 percent or more?
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RPP 561� - Ivtain Document Page 21 of 22
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Exhibit G
RFP 5610 Pricing Sheet for Public Improvements DME McKinney 5treet
Substation Addition
1 Respondent's Name:
2 Principal Place of Business (City and State)
Respondent is a Corporation, Partnership, sole
3 Proprietorship, Indvidual?
Nu-Way
Corinth, TX
LLC
Total working days (Monday - Friday/Saturday) after I
4 Notice to Proceed is issued by City for project start: � 45
Total working days (Monday - Friday/Saturday) after �
Notice to Proceed is issued by City for substatial
5 completion: 15
SECTION I- Project: Furnish all supervision, labor, material, supplies, tools, equipment
and transportation to complete:
Item Type of Service Requested Quantity Unit Unit Price , Extended Price
GENERAL
6 Mobilization/ Demobilization
7 Surety Bonds
8 General Site Preparation
9 Traffic Control, Barricades,Barriers,
and Warning Signs
10 Temporary Erosion Control
i l STORM DRAIN
12 18" Class III RCP
13 30" Class III RCP
14 24" Class N RCP
15 24" TxDOT P.S.E.T.
16 4'x4' "Y" Inlet
17 �I4'x4' Junction Box
18 � Storm Water Manhole (Square)
19 IPlug For 30" RCP
20 Connection to Existing Wingwall
1
1
1
1
1
25
479
144
3
2
1
1
1
�.
LS
LF
LF
LF
EA
EA
EA
EA
EA
LS
io,000.00 $
7,000.00 $
2,500.00 $
2,500.00 $
1,500.00 $
4o.oa $
79.00 $
59.00� $
3,100.00 $
3,200.00 $
3,300.04 $
3,900.00 $
900.00 $
1,200.00'� $
10,000.00
7,000.00
2,500.00
2,500.00
1,500.00
1,000.00
37,841.00
8,496.00
9,300.00
6,400.00
3,300.00
3,900.00
900.00
1,200.00
Exhibit G
Item Type of Service Requested Quantity Unit Unit Price Extended Price
21 Trench Safety 648 LF 1.25 $ 810.00
WATER
„
;
;.
, %� ,, �
22 8" C900 DR 18 PVC Water 490 I LF 36.00 $ 17,640.00
23 8" R.J.D.I. Water Carrier Pipe 100 LF 40.00 $ 4,000.00
24 16 " Steel Casing Bore 72 LF 195.00 $ 14,040.00 �
25 16" Steel Casing By Open Trench 25 LF 75.00 $ 1,875.00 '.
26 8" Gate Valve 3 EA 1,800.00 $ 5,400.00 ''.
27 8"x8" Tapping Sleeve & Valve 1 EA 3,500.00 $ 3,500.00 '
28 Fire Hydrant Assembly 1 EA 3,300.00 $ 3,300.00
29 Water Service 1 EA 1,600.00 $ 1,600.00
30 Trench Safety 515 LF 1.25 $ 643.75
SANITARY SEWER �� �= °��� ,; ��` ;; �:°
31 8" SDR 26 PVC Sanitary Sewer 20 LF 31.00 $ 620.00
32 Bypass Pumping 1 LS 4,500.00 $ 4,500.00
33 Trench Safety 20 LF 1.25 $ 25.00
TOTAL $ 153,790.75
WATER LINE A ADDITIVE
ALTERNATIVE
12" C900 DR 18 PVC Water
12" Gate Valve
453 LF
2 EA
TOTAL I
GRAND TOTAL
PRICES SHALL INCLUDE DELNERY, FOB DESTINATION
SS.Oa $ 24,915.00
2,900.00 $ 5,800.00
$ 30,715.00
$ 184,505.75
Item � Type of Service Requested
36 IRubber Tire Backhoe
37 IC
38 Bobcat Skid Steer
39 12 YD Tandem Dump
Exhibit G
Quantity Unit
' Hour $100.00
I Hour $90.00
Hour $80.00
I Hour $75.00
Unit Price II Extended Price
SUBTOTAL
Exhibit G
City of 17enton
RPP far Construction of Storm Drain, Water, and Sanitary Sewer lmprovetnents for the N1cCCinney St. Substation
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Electronic su��t��ittal of the respnnse via computer memory device or email to
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iiFP 5610 � ivl�in Dacum�rtt Pa�e 11 of 22
m�'�+ '��
City of Denton
RFP for Constrirction of`Storm Di•aln, Water, and Sanitary Sewer Impravements for the NicKinney St. Substation
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5, Date Esta6lished
Corporation I��dividual
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6. Historicaily Underutilized Business: Y�� �;����
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8. Please provide a deta.►led listing of all products aild/ar services that your company prov�des.
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Ow'ler on a contract withrn tha last five years ur��cC�r your current company name or any
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l f. Have you ever had a cantract terminated by the Uwner? lf so, where and why? Give narne
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RFP 561 �- Main Document Page 12 of 22
Exhibit G
C.ity af Denton
RFP for Construction of Storm Drnin, Water, and Sanitary Sewer Improvements for the McKinney St. 5ubstatiori
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b. Company's majority owner pr►nciple place of` business;
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c. Ultimate Pai°ent Company's principle place of busaness:
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RFP 5610 - Main Document Page 13 of 22
Exhibit G
City of Denton
RFP for Construction of Storm Drain, Water, and Sanitary Sewer Improvements for the McKinney St. Substation
Y
Any exceptions takeri to this solicrtation must be itemized on the lines bel4w. Additional pages may be added as
needed. Ifthere are no exceptions, please sign where indicated at the bn�tom ofthe page.
Item # Description
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No Exceptions taken to this solicitation.
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Signature Company Date
RFP 5610 - Main Document Page 14 of 22
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c. Convictions of a criminal offense within the past ten (10) years, which resulted in
bodi ly harm or death.
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EtFP 5610 -�Sain �ocument Page 15 of22
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pUEBTION ONE
Has the respondent, or the frm, corporation, partnership, or institution repa•esented by the respondnet, or
anyone acting for such firim, corporation, partnership or inst►tutiar7, received citatrons for violations of OSHA
within the past three (3} years'?
�,
YES....................�.�,a ?��4�....� µ�m,r.,,,,.
lf the respondent has indicated YES for question number one above, the respandent must provide to City of
Denton, with its submission, the follawing infarmatian with respect to each such citatian:
Date of offense, location of establishment inspected, category of affense, tinal disposition of offense, if any,
and penalty assessed.
U STI N T
Has the respondent, or the firm, corporation, pat�tnership, or institution represented by the respondent, nr
anyone acting for such tirm, corporation, partnership or institution, received citations for violations of
environmental pi•otection laws or regulations, nf any kind o'° type, within the past five ye 7 Citations
include notice of violation, natice of enforcement, suspension/revocations af state or federal licenses, or
regist.ratzons, fines assessed, pending criminal complaints, indictments, oi° convictions, administi°ative ordei°s,
draft orders, flnal orders, andjudicial final judgments.
YES, �..�w._��. �I���. �. � �.,..........
lf the respondent has indicated YES for question number Cwo above, the respondent must provide ta City of
Dei�ton, w►th its submission, the following informatian 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.
UESTI N EE
Has the �°espondent, or the firm, corporatian, partnership, or instrtut�on represented by respondent, or anyone
acting for such firm, corporation, partnership, or institution, ever been convieted, within the past ten (l0}
years, of a criminal offense wllich resulted in serious bodily in,jury or death?
YES... ...........................� ��J�� ��.._���. ..�...
lf the respondent has indicated YES for question r�urnber three above, the respondent must provide to City af
Denton, with its submission, the following ►nformation with respect to each such convictron:
Date af offense, location where offense occurred, type of ofi'ense, final dispositian of offense, if any, and
penalty assessed.
RFP 5610 - Main Document Page �6 aF22
�
C°ity of Dentan
RF`P for Construction af Siorm Deain, Waier, and Sanitary Sewer Iinprovements f'Ur th� McKinraey St, Substation
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Exhibit G
PO Box 270416, Flower Mound, TX.75027 (469) 671-2861 FAx (469) 844-4419
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FEMA Regivn VI Regional center (FRC) Truck Gate Maneuvering Area- Included in this project was the Surveying of
the existing Truck Gate Entrance, Designing of an entrance araund the existing culverts to eliminate any trucks from
falling/sliding into drainage areas, Buildin� newly designed Headwalls and Culverts at both ends which were on
hillsides and installing over 200 linear feet of 18" RCP and connecting to existing concrete drainage swales to
eliminate the open drainage area concerns. This design was a benefit to the Government as a cost savings was
realized, and with a better functioning system /product as a result. The work on this project was Certified and
Stamped by Cross Architects Firm.
OWNER:
Federal Emergency Managemenfi Agency (FEMA) / Department of Homeland Security (DNS)
Region VI -800 North Loop 288 City of Denton, Texas 76209-3606
Sterling R Woods
Facilities Operations Specialist
Department of Homeland Security Denton,Tx
Federal Emergency Management Agency, Regian VI
940-383-7316
940-465-3075 Cell
sterlin�.woods@dhs.Qnv
�
Andrea T. Tubbs
Department of Homeland Security/FEMA
Denton,Tx 800 North Loop 288
Denton, TX 76209
940-898-5395
AndreaT.Tubbs@dhs.gov
Cross Architects
1255 W.15`h Street, Suite 125 City of Plano, Texas 75075
Bret Flory — Architect (972) 398-6644 Fax (972) 312-8666 bflorv crossarchitects.co
Exhibit G
� � * '
Ft Worth Logistics Center Upgrades and Improvements - This Facility received numerous upgrades over
a five-year period. These upgrades included:
• grading improvements to a facility and 50 Acre property,
• concrete improvements to existing Roadways for heavy truck access, inspections and long term storage,
• Railroad improvements and demolition of tracks running through the property.
Additionally, there were other centers across the country which were added along with various
inspections of facilities, testing and documentatian of surplus for numerous vehicles, which were
needed during the Katrina hurricane and many other catastrophes.
OWNER:
Federal Emergency Management Agency (FEMA) / Department of Homeland Security (DH5)
Fort Worth Logistics Center — Hemphill / Hwy I 20
Mr. Larry Larson
FEMA / Dept ofi Homeland Security
Procurement Analyst
(816) 276-5013
(202) 367-5013 Cell
larrv,larson@dhs.�ov
..�
Commanders Quarters House Foundation - This project included the installation of a 3,300 square foot
Foundation, which required excavation of perimeter footings and grade beams throughout the slab on
Grade. Also included in this project was the supervision of wood works and finishing of all utilities and interior
and exterior work.
r•.. . r.
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MMG LTD. General Contractor
2414 N Elm St STE B Denton, TX 76201
Leonard Murillo - Director of Operations
ARCHITECT:
Cross Architects
1255 W. 15`h Street, Suite 125
City of Plano, TX 75075
{972) 310-0115 (972) 692-7331 Fax
LeonardM@murillomodular,com
Exhibit G
����.
Bret Flory - Architect
(972) 398-6644 Fax (572) 312-8666
bflorv crossarchitects.com
Concrete Parking Removal & Excavation Dallas Veterans Administration — Project included the demolition and haul
nff of apprnximately 42,000 SF of 8 inch thick concrete (reinforced). Also part of this project were the excavation of
approximately 3,900 cubic yards of dirt, which were balanced to cut and fill areas on the jobsite and compacfied to
required density testing,
•CI���I►`l��
Veterans Administration Dallas
MMG LTD. General Contractor
2414 N Elm St STE B Denton, TX 762�1
Leonard Murillo — Director of Operations
(972) 310 - 0115 (972) 692-7331 Fax LeonardM@murillomodular.com
PROJECT 5:
Extend Concrete parking area and add lighting to parking areas and interior electrical - Project includes the removal
of all existing lightin� from perimeter of building and adding new lighting to building walls. 14 new light posts are
added to the parking areas along with new concrete posts.
Approx 20,000 sf. of new Concrete parkin� area was added and the same square footage was demolished and
rernoved from site.
OWNER
Army Air Force Exchange
Ms Brenda Drei, PMP
HQ Facility Manager
RE-FMQ
Army & Air Force Exchange Service
ARCHITECT
Jordan Architects
Mr. Don Jordan
402 W Wheatland Road, Suite 102
Duncanville, 7X 75116
don@iordanarchitectsllc.com
(214) 312-2223
drei@aafes.com
Exhibit G
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����� �„
(972) 572-6777
Project included two schedules of work consisting of approximately 725 square yards of Concrete Pavement
reconstruction, drainage improvements, pipe reconstruction, removal of asphalt and concrete pavernent sections
and construction of new reinforced concrete pavement sections as indicated,
OWNER
Town of Addison — Addison Airport
Dave Wilde
Public Works Inspector
5300 Belt Line Road
Dallas, TX 75254
972-450-2847
dwilde@addisontx.�ov
ENGINEER OF RECORD
Garver Engineering
Frank Mclllwain, P.E.
3010 Gaylord Parkway
Frisco, TX 75034
972-377-7480
FOMcillwai�@GarverUSA.com
Project Engineer
Garver Engineering
Mitchell McAnally
3010 Gaylord Parkway
Frisco, TX 75034
972-377-7480
V���U������V� �"��r��u°�,SA,.��e�.
AIRPORT OPERATIONS
Addison Airport
Joseph McAnally
16051 Addison Road
Suite 220
addison, rx �soo1
972-39Z-4850
����,�r�����G��� ��� ��.i�����r����r �������������t
Exhibit G
. • �
Project consists of approximately 1700 linear feet of 12 inch water main. Included in this project were the installation
of a number of fire hydrants, Gate valves, steel casings along with dry bore services, and private residential services.
Traffic control and paving of open cut areas were also included.
�
Lake Cities Municipal Utility Authority
City of Hickory Creek
5015hady Shores
Lake Dallas, Texas 75065
Jeff Knight
Project Manager
(940) 497-2999
i�C�u �r�t�V�ra����c�uro�
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Project consisted of excavating and grading channel, adding concrete structures and design to match existing
structures. The existing drainage areas were excavated of all silt which had accumulated at drainage area openings;
Erosion control blocks were also installed per the designed drawings at headwalls and culvert openings. The entire
sloped work areas were sodded and temporary irrigation installed and rnonitiared.
�
Mesquite Independent School District
Ella Mae Wilcox
Coordinator Construction Services
�
WRA Architects, Inc
Mr. Tnny Apel
12377 Merit Drive
405 East Davis
Mesquite, 7exas 75149
972-288-6411
Exhibit G
PRO�ECT 9
Suite 1800
Dallas, Tx 75251
aa �V �����ir�N°�u�����.���
214-750-0077
Project consists of installing new concrete drainage channel with retaining walls and fence. The project
included the excavation of flume area and adding new fencing, grading, irrigation and sod. This project also
included the demolishing of existing structures and haul off of dirt spoils and debris.
OWNER
Gity of North Richland Hills
Caroline Waggoner
Assistant DireCtor/ Engineering
7301 N.E. Loop 820
North Richland Hills, Texas 76180
817-427-6400
clwas�oner@nrhtx.com
PROJEC710.
Engineer
City of North Richland Hills
TrevorTruss
Engineer
7301 N.E. Loop 820
North Richland Hills, Texas 76180
817-427-6407
ttruss@nrhtx.com
Project is located in Mansfield Texas on Highway Business 287 and was under direction of the City but also monitored
by TXDOT. This project consisted of demolition of utilities, clean out and rebuild of existing drainage channels. There
were manholes installed and also the reinstallation of exisfiing water and sewer utility lines. Concrete rip rap,
reinforced concrete pipe installation and drainage structures were also included on this project,
OWNER
City of Mansfield
Chad Crafton
Storm Waterinspector
Environmental Department
Direct (817} 276-4299
Cell (682) 429-9288
TXDOT
Ben Trevino
Utility Coordinator
Transportation, planning, development
(817)370-6523
(817) 307-1617 cell
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Robert Mitchell
Mansfield City Inspector
($17) 475-2384 cell
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Exhibit G
Prpiect 11
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Project is for the City of Corinth and is fior the construction of new parking lot at the Community Park. Parking lot is
approximately 58,000 square feet and included concrete curbs, concrete drainage gutters and asphalt paving. The
project is located in the center of soccer fields and football fields includes the excavation of approximately 2,5��
cubic yards of dirt including grading, haul off of soils and lime stabilization, The grade included the installation of 6
inches of flex base throughout the 58,000 SF parking lot, this material was compacted and cut to grade .
This project additionally included over 6,000 sf of sidewalk and miscellaneous handicap ramps.
There were approximately 1,100 SY of block sodding on improved shaulders, concrete rip rap and erosion control
improvements which wer� installed on the adjacent creek areas.
OWNER
City of Corinth
Justin Brown
Director of Public Works Department
(940) 498-3250 Direct
(940) 498-3266 Fax
� � � ;.
Jeff Hyde
City of Corinth Project Inspector
(940) 465-6703 cell
jhvde@citvofcorinth.com
Exhibit G
.�
Project was located in the City of Irving, which major scope included the desiltation, clearing and excavation of a
branch of the Trinity River. Over 9000 Cubic Yards of dirt w�re removed from the project and over 2,000 linear feet of
creek area were excavated and graded to improve water flow. Also included were the excavation and build out of a
pond area. All areas were sodded and watered to pass SWPP requirements.
Throughout the project there were a number of dewafiering activities which took place to deal with the heavy storm
systems which moved into the Dallas areas throughout the spring months.
ThiS project was 5cheduled for approximately 150 days ( S months), and Nu-Way was able to finish the project early
by approximately 60 days.
�
C1ty of Irving
Mr Gary fennell
Senior Civil Engineer
(972) 721-3721
�fennell@citvofirvin�,ar�
City of Irving
Mr Darral Keys
. . �.
. . . .
Exhibit G
City of Dentan
RFP for Consirt[ction of Storm Drain, Water, and S itary Sewer Improvements for the McKinney St, Substation
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ProJect Owner N�rrNC, Address and Phone Number:
Original Cantract Amount:
Fin Contraat Amount:
Contract Tirne Allatted (Calendar ays):
Start Date for Project:
Final Completion 17ate for Project:
Number of ays to complete (cslendar days}:
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RFP 5610 - Main Document Page 18 of 22
Exhibit G
Ci4y of Denton
P for Constructian of Storm Drain, Water, and Sanitary Sewer [mprovements for the McKinney St. Substation
►' � 1' � 1 !
PraJect #2
� e ot roject:
roject er Na e, ress a o e N er:
Original ContracY Amaunt:
Final Contract Amouat:
Con ct Ti e Allott (Calendar Days}:
Start Date for Project:
Final Completion Date for Project:
Nc�mber of ays to carnplete (calendar days}:
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RFP 5610 - Main ocument page 19 af 22
Exhibit G
City oFbenton
RFP for Constructian of Storrn Drain, Water, and Sanitary Sewer Irnprovements for the McKinney St. Substation
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Project Owner Name, Address and Phone Number:
Original Contr t Amount:
Final Contract Amount:
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Start Data for Froject:
Final Completion ate for Project:
l�Iumber of Days ta complete (calendar days):
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RFP 5G 10 - Main Dacuroent Page 20 of 22
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City of Dentan
RFP for Canstruckion af Storm Drain, Water, and Sanitary Sewer Improvements for the McKinney St. Substation
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Respondent hereby assigns to the City any and all clauns for ovei°cltarges associated with this contract whzclt arise under
the ttntitrust laws of the United States, l5 IJSCA 5ection 1 et seq., and which arise under the antitrust laws of the State of
Texas, Tex. Bus� & Cnm. Code, 5ection 15.01, et sea,
'Che undersi�ned aftirms that they i7ave read und do understand the specifications, all exhibits ai7d attachments contained
in this solicitation package.
The undersigned agrees that the salicitation package posted an the website are the afficial specificatians and shall not
��It�r the electronic copy of the specitieations and/nr pricing sheet (Exhibit 1}, without clearly identifying changes.
The crndersigned understands they will be responsible f'or monito�°ing the City of l7enton Purchasing Website at:
N�q�,���a���r��!,W�� �,y���,���a�,�,����r��±�;��������.�.��,�����"��,����„� ;��4��� to ensure they have dowt7loadcd and signed a11 addendum(s}
required for submission with their response.
1 certify that 1 have made no willful misrepresenta�tions in this submission, nor have I withheld information in �ny
statements aiid answers to questions. 1 am aware that the infar�n�tion given by me in this submission 4vi11 be investigated,
with my fuil permission, and that any misrepresentations or omissions may cause my submission to be rejected.
. , . . . � ,. , , � � .
Addenclum No 1 Dated 5��1" �2 , Z U►�f Received ����� �;�""
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Addenduin No 2 Dated Received
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Addendum No 3 � �t��1 Received
NAIVIE AN A SS F C l�l ANY: AUT 1
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R�`P 5610 - Main Document
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