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22-2194ORDINANCE NO. 22-2194 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECurE A CONTRACT WITHMOUNTAIN CASCADE OF TEXAS, LLC, FOR THE CONSTRUCTION OF THE 1...35E-MAYHILL UTILITY RELOCATIONS PROJECT FOR THE WATER/WASTEWATER UTILITIES AND CAPITAL PROJECTS/ENGINEERING DEPARTMENT; PROVIDING FORTHE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7968-o01 – AWARDED TO MOUNTAIN CASCADE OF TEXAS, LLC, IN THE NOT-TO- EXCEED AMOUNT OF $15,008,997.15). WHEREAS, on June 7, 2022, the City Council approved a pre-qualified professional serviceslist for utility relocation and construction services for various Capital Improvement Projects (Ordinance 22-1145), and the professional services provider (the “Provider”) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, this procurement was undertaken as part of the City’s governmental function; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees published by the professional associations applicable to the Provider’s profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or their designee, is hereby authorized to enter into an agreement with Mountain Cascade of Texas, LLC, to provide professional design services for the City of Denton, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager, or their designee, is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein byreference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by b rIaA LSc L. Iq and seconded by C h , is DAfs . This ordinance was passed and approved bythe following vote n - a : Aye J Nay Abstain Absent Mayor Gerard Hudspeth:Vicki Byrd, District 1 :Brian Beck. District 2 :Jesse Davis. District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: /Z,/ PASSED AND APPROVED thi, the ISP day of tJou ew\ &f , 2022. h€££yOR– ATTEST: ROSA RIOS, CITY SECRETARY 1\\\1111111/ a APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY Digitally signed by MaKella DN: cn=Marcella Lunn. o. A on.com. c=USDate: 2022.10.06 17:32:29 -05'00' I4\n ou=City of Denton, \+4mail=marcelhlumi@cityofdent)BY:\XpwcLUa DocuSign Envelope ID: 51F58C2D-BE9221313-9234-6E84ABFA0607 DENTON Docusign City Council Transmittal Coversheet I FB 1 7968–o01 File Name IH-35E/Mayh111 ut11 Ity Relocatjon Purchasing Contact c '-i p '"'‘ City Council Target Date NOVEMBER 1 ’ 2022 PiggyBackOption N ot App11cable Contract Expiration N /A Ordinance 22-2194 DocuSign Envelope ID: 51F58C2D-BE9221313-9234-6E84ABFA0607 00 52 43AGREEMENT Page 1 of 7 SECTION 00 52 43 AGREEMENT – UNIT PRICE BED2 3 4 5 6 7 8 THIS AGREEMENT, authorized on 11/01/2022 is made by and between the City of Denton, a Texas home-rule municipal corporation, acting by and through its duly authorized City Manager, (“City”), and Mountain Cascade of Texas, LLC, authorized to do business in Texas, acting by and through its duly authQrized representative, (“Contractor”). City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 9 10 11 Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. 12 13 14 15 16 17 18 19 20 21 22 23 Article 2. PROJECT The project for which the Work under the Contract Documents may be the whale or only a part is generally described as follows: IH-35E/Mavhilt Utility Relocation IFB# 7968-001 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of Fourteen million two hundred ninety-four thousand two hundred eighty-three dollars and 00/100 cents ($14,294,283.00). At the sole option of the City, five (5) percent cofrtingency in the amount of Seven hundred fourteen thousand £even hundred fourteen dollars and 15/100 cents ($714,714.15) may be used for a total not-to-exceed amount of Fifteen million eight thousand nine hundred ninety-seven dollars and 15/100 cents (§15,008,997.15). 24 25 Article 4. CONTRACT TIME 4.1 Time is of the essence. 26 27 28 29 30 31 32 All time limits for Milestones, if any, and Final Acceptance as stated in the ContractDocuments are of the essence to this Contract. 4.2 Final Acceptance. The Work will be completed for Final Acceptance within 240 Days after the date when the Contract Time commences to run, which is the day indicated in the Notice to Proceed, plus any Qxtension thereof allowed in accordance with Article 11 of the General Conditions. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective Januarv 2/, 2021 IFB #7968-001 IH-.35E/Mayhill Utility Relocation DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 00 52 43AGREEMENT Page 2 of 7 I 4.3 Liquidated Damages: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 A.Contractor recognizes that time & of the essence to achieve Milestones and Final Acceptance of the Work, and City will suffer financial and other losses if the Work is not completed within the times specified in the Contract Documents. The Contractor also recognizes the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by the City if the Work related to the Milestones or Final Acceptance isnot completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that liquidated damages for delay (but not as a penalty): 1. Final Acceptance: if Contractor neglects, refuse, or fails to complete the Work within the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.2, for completion and readiness for Final Payment, Contractor shall pay City Six- Hundred and Twenty-Five Dollars ($625.00) for each day that expires after such time, until the date determined by City as stated in the City-issued Letter of Final Acceptance. Article 5. CONTRACT DOCUMENTS 17 5.1 CONTENTS: 18 19 20 A. The Contract comprises the entire agreement between City and Contractor concerning the Work and consists of this Agreement and the items set forth below. The Contract Documents consist of all items below other than this Agreement. 21 22 23 24 25 26 27 28 29 30 Attachments tot his Agreement: a. Proposal Form1) Bid Form 2) Unit Price Proposal Form3) Vendor Compliance to State Law Non Resident Offeror 4) State and Federal documents (project specifIC)b. Current Prevailing Wage Rate Table c. Worker’s Compensation Affidavitd. General Conditions. e. Supplementary Conditions. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 The following located in File 7968-001 at:https ://tfpubw eb.cit}'ofdenton.com/Mat eriatsManagement/Browse.aspx? id= 19 & dbid=0&repo=MateNalsManagement &cr= 1 a. Specifications described in the Table of Contents of the Project’s ContractDocuments. b. Drawings.c. Addenda. d. Documentation submitted by Contractor prior to Notice of Award. The following which shall be jssied after the Effective Date and delivered to the City withih ten (10) days of the Effective Date and before beginning Work: a. Payment Bondb. Performance Bond c. Maintenance Bond d. Power of Attorney for the Bonds e. Form 1295 – Certificate of Interested Parties (email t6i)tirChasing)f. Insurance Certificate CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 21 , 2021 IFB #7968-001 IH-.35E/Mayhill Utility-Relocation DocuSign Envelope ID: 51F58C2D-BE924313-9234-6E84ABFA0607 00 52 43AGREEMENT Page 3 of 7 1 2 3 4 5 6 7 8 9 10 11 4.Specifications specifically made a part of the Contract Documents by attachment or,if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents:a. Notice to Proceed. b. Field Orders c. Change Orders. d. Letter of Final Acceptance. 5. Article 6. INDEMNIFICATION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6.1 CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLDHARMLESS AND DEFEND, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS,ELECTED AND APPOINTED OFFICIALS, AND EMPLOYEES, FROM ANDAGAINST ANY AND ALL CLAIMS FOR PERSONAL INJURY OR DEATH,ARISING OUT OF, OR ALLEGED TO ARISE OUT OF, RELATED TO OR INCONNECTION WITH THE WORK AND SERVICES TO BE PERFORMED BY THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS,LICENSEES OR INVITEES UNDER THIS CONTRACT. THISINDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATEAND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL ORSOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR INPART. BY ANY ACT. OMIS.*SION OR NEGLI@ENCE OF THE CITY. THISINDEIWTY iEb{ovISION is I®iKENDED TO INCLUDE, WITHOUTLIMITATION, INDEMNITY FOR ANY AND ALL COSTS, EXPENSES ANDLEGAL FEES INCURRED BY THE CITY IN DEFENDING AGAINST SUCHCLAIMS AND CAUSES OF ACTIONS. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 6.2 CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY. HOLDHARMLESS AND DEFEND, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS,ELECTED AND APPOINTED OFFICIALS, AND EMPLOYEES, FROM ANDAGAINST ANY AND ALL CLAIMS FOR, LOSS OF, DAMAGE TO, ORDESTRUCTION OF, PROPERTY OF THE CITY OR OF A THIRD PARTY,ARISING OUT OF, OR ALLEGED TO ARISE OUT OF, RELATED TO OR INCONNECTION WITH THE WORK AND SERVICES TO BE PERFORMED BY THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS,LICENSEES OR IIWITEES UNDER THIS CONTRACT. THISINDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATEAND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR INB S M NEGLIGENCE OF THE CITY. THISINDENINITY IaBOVI MS INTENDED TO IN’feLUDE, M'ITHOUTLIMITATION, INDEMNITY FOR ANY AND ALL COSTS, EXPENSES ANDLEGAL FEES iNCURRED BY THE CITY IN DEFENDING AGAINST SUCHCLAIMS AND CAUSES OF ACTIONS. Article 7. MISCELLANEOUS CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 202{} IFB #7968-001 IH-.35E/Mayhill Utility Relocation Effective January 2/, 202/ DocuSign Envelope ID: 51F58C2D-BE92z}313-92:B14EWLABFA0607 00 52 43AGREEMENT Page 4 of 7 I 7.1 Capitalized Terms. 2 34 5 6 7 8 9 10 11 12 Unless otherwise provided herein, capitalized terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the GeneralConditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advance express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability. 13 14 15 16 Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and biading upon City and Contractor. 7.5 Venue and Waiver of Sovereign Immunity. 17 18 19 20 21 22 23 This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be in the state district courts of Denton County, Texas. The City’ssovereign immunity is waived only to the extent set forth and in accordance with the provisions ofSubchapter I, Chapter 271 of the Texas Local Government Code or as otherwise specifically waived by law. The City does not waive its sovereign immunity to suit in federalcourt 7.6 Authority to Sign. 24 25 Contractor hereby certifies that the person signing the Agreement on its behalf is the duly authorized signatory of the Contractor. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 7.7 Prohibition on Contracts with Companies Boycotting Israel. qontractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the eity is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; grId (2) will not boycott Israel during the term of the contract. The terms “boycott Israel”and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifres that Contractor’s signature provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. - 7.8 Prohibition on Contrqcts with Companies Boycotting Certain Energy Companies. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 2/, 2021 IFB #7968-001 IH-.35E/Mayhill Utility Relocation + = a • = p • = = • = = : = r J :iT:I:f: T== ::a: : H : Hi DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 00 52 43AGREEMENT Page 5 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains written verification from the company that it (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract.The terms “boycott energy company” and “company“ shall have the meanings ascribed to those terms in Section 809.001 of the Texas Government Code. By signing this agreement, Contractor certifres that Contractor’s signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companIes during the term of the agreement Failure to meet or maintain the requirements under this provision will be considered a material breach. 7.9 Prohibition on Contracts with Companies Boycotting Certain Firearm Entities and FirearmTrade Associations. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains written verification from the company that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; 4nd (2) will not discriminate during the term of the contract against a firearm entityor firearm trade association. The terms “discriminate against a firearm entity or firearm trade association,” “firearm entity” and “firearm trade association” shall have the meanings ascribed to those terms in Chapter 2274 of the Texas Government Code. Bysigning this agreement, Contracjor certifies that Contractor’s signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a fIrearm entity or fIrearM trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association . Failure to meet or maintain the requirements under this provision will beconsidered a material breach. 8.0 Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization. Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting withcompanies that do business with Iran, Sudan, or a foreign terrorist organization. By signingthis agreement, Contractor certiPes that Contractor’s signature provides written veri$cation to the City that Contractor, pursuant to Chapters 2252 and 2270, is notineligible to enter into this agreement and will not become ineligible to receive paymentsunder this agreement by doing business with Iran, Sudan, or a foreign terrorist organization . Failure to meet or maintain the requirements under this provision will beconsidered a material breach. 8.1 Termination Right for Contracts with Companies Doing Business with Certain Foreign- Owned Companies. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 220 Effective January 2/, 202 / IFB #7968-001 IH-.35E/Mayhill Utility Relocation DocuSign Envelope ID: 51F58C2D-BE92z1313-92344E84ABFA0607 00 52 43AGREEMENT Page 6 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 The City of Denton may terminate this Contract immediately without any fUrther liability if the City of Denton determines, in its sole judgment, that this Contract meets the requirementsunder Chapter 2274, and Contractor is, or will be in the future, (i) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or other designated country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia, or other designated country 8.1 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under thisAgreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALLINDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BYCONTRACTOR, CONTRACTOR’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 8.2 No Third-Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third-party beneficiaries. 8.3 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the Project or theirsureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The pr6sence or duties of the Engineer's personnel at aconstructionsite, Whether as on$ite representatives or otherwise, do not make the Engineer or its personnel in any way responsible to Contractor or any other entity for those duties that belong to the City, and do not relieve Contractor or any other entity of its obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for perforuring, coordinating and completing all poftions of the Work in accordance with the Contract Documents and any health or safety precautions required by such Work. The Engineer and its personnel have no authQrity to exercise any control over any construction contractor or other entity or their employe6s in connection with their work or any health or safety precautions. SIGNATURE PAGE TO FOLLOW CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 27, 202 / IFB #7968-001 IH-.35E/Mayhill Utility Relocation DocuSign Envelope ID: 51F58C2D-BE9221313-9234-6E84ABFA0607 00 52 43AGREEMENT Page 7 of 7 I2 34 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City’s City Manager or his designee (“Effective Date”). CITY OF DENTON BY, Is''' H'„@ '5236DB296270423...TITLE: Clty Manager 'DocuSlgned by: DATE. 11/01/2022 CONTRACTOR MOUNTAIN CASCADE OF TEXAS, LLC 'DocuSlgned by: BY:&wArtw hC£HLbdl'OAB©U9FFORI-ZED AGENTTHIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to finahcial and operational obligationsand business terms.Andrew MCCu11och NAME Rebecca Dlv1 ney PR[NTED NAME Vice-PresIdent TITLE D1 rector of Capita1 projects/cl tyTITLE Eng1 neer 925–525-2920 Capita1 PFojects/Engineering PHONE NUMBER DEPARTMENT AMCCu11och(Bmountai ncascade . com EMAIL ADDRESS ATTEST: ROSA RIOS, CITY SECRETARY 52 53 54 2022-938113 TEXAS ETHICS COMMISSION1295 CERTIFICATE NUMBER IC5CA8C5EI 75493 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY AWCLLLabAPUL 4B07083 1 B4AA438 CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 IFB #7968-001 IH-.35E/Mayhill Utility Rqlocation Effective January 2/, 2021 DocuSign Envelope ID: 51F58C2D-BE924313-92:H4E84ABFA0607 00 41 00BID FORM Page 1 of 3 SECTION 00 41 00 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ]7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 BID FORM TO:Cori Po\vet c/o: Purchasing Division901-B Texas Street Denton, Texas 76209 FOR: IH-35E/Ma)'hill Utility Relocation 1 Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Timeindicated in this Bid and in accordance with the other terms and conditions of the ContractDocuments. 2 BIDDER Acknowledgements and Certification 2.1 In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATIONTO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. Bidder certines that this Bid is genUine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in confomlity with any collusive agreement or rules of any group, association, organization, or corporation. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a falseor sham Bid. Bidder has not solicited or induced any individual or entity to re Rain from bidding. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. '’conupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. 2.2 2.3 2.4 2.5 2.6 b. "ftauduient practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prIces at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their propelty to influence their participa}ion in the bidding process oraffect the execution of the Contract. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTSRevised Novenrber 23, 2020 Effective Janrlar\' /5, 202 / n + q IFB #7969-o01 JH-35E/Mayhill Utility Relocation DocuSign Envelope ID: 51 F58C2D-BE924313-9234-6E84ABFA0607 00 41 00BID FORM Page 2 of 3 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 2.7 The Bidder acknowledges and agrees to comply with the requirements of City EthicsOrdinance No. 18-757. 3 Time of Completion 3.1 3.2 The Work will be complete for Final Acceptance within 240 Days after the date when the Contract Time commences to nln, which is the day indicated in the Notice to Proceed, plus any extension thereof allowed in accordance with Article 1 1 of the General Conditions. Bidder accepts the provisions of the Agreement as to Liquidated Damages in the event of failure to obtain Milestones (if applicable) and Final Acceptance within the times specified in the Agreement. 4 Attached to this Bid The following documents are attached to and made a part of this Bid:Section 00 35 13 – Conflict of Interest Affidavit Section 00 41 00 – This Bid Form Section 00 42 43 – Unit Price Proposal Form – Electronic Copy (either includedin the Bid, or submitted via Ionwave) Section 00 42 13 – Required Bid Bond, issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions Section 00 43 36 – Proposed Subcontractors Form Section 00 /15 13 Bidders Minimum Qualification Statement Section 00 45 43 – Corl)orate Resolution of Authorized Signatories a b C d e E g.h i. Any additional documents that may be required by Section 00 21 13 – Instluctions toBidders CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised Novenrber 23, 2020 EfFective Janual'}' 75, 202 1 IFB #7968-001 IH-35E/May1riil Utility Relocation DocuSign Envelope ID: 51 :92431 3-9234-6E84ABFA0607 00 41 00BID FORM Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 5 Total Bid Amount 5.1 5.2 Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prIces for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Total Bid Amount:$ 14,294,283.00 6 Bid Submittal This Bid is submitted on September 13 , 20 22 by the entity named below. Respectfully su By:Mam Andrew L. McCulloch (Printed Name) Title: Vice President Receipt is acknowledged of thefollowing Addenda Addenda No. 1 Addenda No, 2: Addenda No. 3 Addenda No. 4 Addenda No. 5 Company: Mountain Cascade of Texas, LLC 30 31 Address: 5340 East US Highway 67Alvarado, TX 76009 32 State of Incorporation: Texas Email: amcculloch(a}mountaincascade.com 34 Phone: 817-783-3094 35 36 END OF SECTION CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMEbrrs Revised November 23, 2020 Effective January Ji, 202/ IFB #7968-001 IH-35E/Mayhill Utility Relocation DocuSign Envelope ID: 51F58C2D-BE92zL313-9234-6E84ABFA0607 HiIPIllIII R BID FO V gM;ade of Texas,';LT 901-B Texas Street 5340 East US Highway 67Alvarado, TX 76009 Andrew L. McCulloch Denton, TX 76209 Attn: Cori Power/Purchasing Dept. PROJ„ IH-35E - Mayhill Utility RelocaHons IFB 7968.001 81 7-783-3094 HI Vols I =[pI UNIT 1 - WATER IMPROVEMENTSBqJ 12 34 56 7 01 58 13 ICi158.001 - Temporary- Project Signom(ie mimimLmm'Ti175rTii37MFGia;MMSTi_llmm=Mtililli0 - JoiMlding and Electrical Isolation> =FFffFR– - provide bid for only ONE _(_B,OR 20a) M TBessure Pipe 3 &er Pipe*4.142 - 8’' PVC Water Pressure PipemIBTMa=)XET a 331F517Tiitmn;sing b®6en Cut* eTina{ii£bBT36'’ Casing byMgn Cut* 733B:i):1 - 36" Casing by Other Than Open Cut* ,LTERNATE 3 BELOW - provide bid for only ONE (21 OR 21a) ) Wi2'2 OR 22a 8 1 11 1 51 501 EA EA EA EA EA SY SY EA 1,000.00 1,000,000.00 90,000.00 SO,000.00 7,000.00 @t81blb1 80.00 1.00 8,000.00 1,000,000.00 90,000.00 50,000.00 7,000.00 4,590.00 4,000.001.00 11UT–I 13 14 15 16 17 18 19 ! !J rE 135 EWg1 EIIaiR 688 629 63 400 141 410 LF LF LF LF LFIF LF LF LF LF BgM91280.00 260.00 250.00 800.00850.00 500.00960.00 600.00 504M9.oo 37,800.00 847,340.00 268,750.00 550,400.00 534,650.00 31,500M 384,000.00 84,600.009IE[ la I E d ][II 23 24 25 26 27 28 29 30 31[–Ii–I 33 34[ii––r 36 37 38 39 40 41 42 43IEr4––r 45 46IEa–I 48 49 50 51 52 53 54 55 56 57 331IM33 051@33 14 20 33 lggReI E3EXlIM2 A 33 14 2033 14 25 33 14 25 33 14 2533 14 2533 14 25 33 14 2533 14 25 33 14 @ 33 14 @33 05 05 32 93 @32 93 00 M}$7 - Pa ier Pip’Be -=(--Water Carrier Pipe mta-m Gate Valve*-gEm) - 16" Gate Valve*m£6nate Valve* m:i:im" Gate Valve* B-im - 6" Gate Valve* 3314.34x - 6" x 6" Tapping SIeve and Valve {City Performed)* 3314.344 - 8" x 6" Tappind SIeve and Valve (City Performed)* 3314.345 - 8" x 8" Tapping SIeve andValve (City Performed)* 3314.348 -12" x 12" Tapping SIeve & Valve (City Performed] M - 20" Water Main Connection with Shutdown x aRIB557=mFdiFF;itIfillmM==3305.021 - Trench Safetymill5 - Topsoil 3293.017 - Sodding@3.016 - Seeding 3201.013 - Concrete Paving Repair for Utility Trench* 3201.007 - FIMble Paving Repair for Utility Trent3216.005 - 4" Concrete Sidewalk* 3314.402 - 2" Water Air Release Valve and Vault: 3314.403 - 3" Water Air Release Valve and Vault: 3314.407 - Fire Hydrant Assembly*m:mITIgate r Service r ionmma g-mater Service*3314.320 - 2" Private Water Service Relocation*B3=[iTm;=T&TKzIT)3am1 - Traffic ControlRTmm;=;bTFmiR7m 841:033 - Remove 14" Utility Line + 629 688 3 10 8 16 7 2 2 72 1 3 3 14 5 15060 671 3962 29050 4940 M21 mr12 259 2453 6 400 1 5 Mr r8;BE;a LF LF EA EA EA EA EA EA EA EA EA EA EA EA EA EA LF CY SY SY SY SY SY EA EA EA EA LF EA EA LF EAMO LF LF B 1435 bId110.oa 45,000.00 8,000.00 7,500.00 6,500.00 5,500.00 7,500.00 8,000.00 9,000.00 10,000.00 27,000.00 20,000.00 10,000.00 8,000.00 8,000.00 1.00Mill]m 1.00 200.00 130.00 130.00 22,000.00 30,000.00 15,000.00 1,800.00 80.00 2,000.00 2,200.00 M7 6,500.00 30,000.00 68.00 48.00 T $ $ $TT $ $ $I $ $ $ $ $i $T $ $T 91,20®iElI 75,680.00IM5 @b]bX6qi 80,000.00 60,000.00 104,000.00 38,500.00 15,000.00 16,000.00 63,000.000 27,000.00 60,000.00 30.000.00 112,000.00 40,000.00 15,060.00 16,775.00 27,734.00 29,050.00 988©B©.00 29,770.00 147,420.00 22,000.00 60,000.00 375,000.00 16,200.00 19,600.000 13,200.0:@ 30,000.00 6,500.00 150,000.00 9,656.00 402,576.00 $T $ $ $TTi $ $ $ $ S $ $ $ $T ! $ $ !T $ $ $i 32 01 29 32 12 1633 14 30 33 14 30 33 14 @33 14 1733 14 17 33 14 iIa33 14 17 33 14 18 I?T $ $ $ $ $ ${ $ $ $ i $ $ $ $ 34 71 13 02 41 14g DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 I t e Description of work BID QTY UOM Unit Price Extended Price 58 T MEIR–HIiM![B2 - R4m8MHimiiIHF:BRa59 mmarnamen13TmmrnmiMTFT2Tm1rf-TaIflmm:a=mm1nFiiiTlmmaQ-vF-mniiiaiiDm/mlitnEmma; im==1-znaTlm)miTeTTmBlmmeri;i71 Tzm-mTiTmrmiFi=FlIETlmMnTimMi-NmALTERNATE 1 - PROVIDE PRICING FOR ONLY ONEn@l£rma me ALTERNATE 2 - PROVIDE PRICING FOR ONLY ONEwfm iTn);#m3 mT-iBmin ALTERNATE 3 - PROVIDE PRICING FOR OF „BI..IT–[®=®BHMTma M=–Rn3;;;;m=;irlr Pipe 114490 426 320 799 72 366 14 88 28 184 9 LF LF LF LF LF LF LF EA EA EA EA EA EA EA EA BIllbIbI40.00 39.00 34.00 25.00 11.00 9.00 1,000.00 1, 100.00 1,200.00 1,250.6%1 1,000.00 1,000.00 I,ooa9 mg 2,500.00 43,62418jb] 179,600.0016,614.W 10,880.00 19,975.00 792.00 324.00 6,000.00 15,400.00 9,600.00 10,000.00 28,000.00 18,000.00 4,000.00 22,500.00i M91 2229 7002 7002 LFa-{ LFnLT 600.00 375.00 1,33@4T©O.00 2,625,750.00 Ts A 551 1 LF is } $ } $ A 220.00 121,220.00 ALTERNATE 4 - PROVIDE PRICING FOR ONLY ONE 05.100 - 16" DI) 33 05 15, 33 14 14 463 T LF 3305.110 - 20" HDPE Water Carribr Pipe 463 1 LF is 180.00 83,340.00 12,784,276.00r ):tiaiIEM;{{iib}tRII ;; IF SEE ALTERNATE 5 BELOW - provide bid for only ONE (75 OR 75a]SEE ALTERNATE 6 BELOW - provide bid for only ONE (76 OR 76a] ax77 nmTi:nf-mmcaiRTEm)nb-rm:nnTtBmma If-mmmemsMTiT-mmE:nB:[B--mmmR::Fmm7FmiifammiiirmmTmml1maIr Valve I r re MALTERNATE 5 - PROVIDE PRICING FOR ONLY ONEn3314.tx>< - 18" PVC wMF)Famr ALTERNNFE 6 - PROVIDE PRiCING FOR ONLY ONEx e m a7 3 DPE Water Carrier Pipe {gS rF LFBl•!!HI-FSII Is 1 : =$ ; T §I $ ST $ S Fs ![i len 595 1 2 331 519 161 1 93 1 SY IS1FIT1 238 6371 3 T5 1512 LF EA EA LF SY SY SY EA EA EAllnl––– LF EA EA EA EA EA M 75,000.00 20,oo618lb11.00 1.00 130.00 200.00 4,000.00 2,000.00 30,000.00 110.00 37.00 1,000.00 4,000.00 17.00 20.00Mil ?952,000.00 75,000.00 40,000.00 331.00 519.00 20,930.00 18,600.00 4,000.00 2,000.00 30,000.00 26,180.00 23,569.00 1,000.00 12,000.00 9,418.00 3,020.00 5,600.00 331 1 LFm3 B 540.00 178,740.00 F9 T 3 $ $ 595 1 LF is 180.00 107,100.00 TOTAL BID AMOUNT (Unit II):1,510,007.00Riba; iifM .the permahent iriStallation of the utility facility – in compliance with the Buy America provisio-ris of _23 CFR 635.410 as amended. TOTAI PRO IFCT RIn AMC)IINT fllni tq 1 A IIIiII BI A hale IRtFB: - 7968-001 miB Page 2 of 2 DocuSign Envelope ID: 51F58C2D-BE924313-9234'6E84ABFA0607 "General Decision Number: TX20220018 Q4/29/2022 Superseded Genera1 Decision Number: TX20219918 State: Texas Construction Type: Heavy Counties : Co11in, Dallas, Denton, Ellis, Kaufman and RockwallCounties in Texas. Water and Sewer Lines/Utilities (Including Related TunnelingWhere the Tunnel is 48"" or Less in Diameter) Note: Contracts subject to the Davis-Bacon Act are generallyrequired to pay at least the applicable minimum wage raterequired under Executive Order 14026 or Executive Order 13658.Please note that these Executive Orders apply to coveredcontracts entered into by the federal government that aresubject to the Davis-Bacon Act itself , but do not apply tocontracts subject only to the Davis-Bacon Related Acts,including those set forth at 29 CFR 5.1(a) (2) - (60) . 1 if the contract is entered I . Executive Order 14026 1I into on or after lanuary 3g, I generally applies to the 112022, or the contract is 1 contract. II renewed or extended (e.g. , an I. The contractor must pay Ijoption is exercised) on or I all covered workers at 11 after lanuary 30, 2022: 1 least $15.00 per hour (or I 1 1 the applicable wage rate II I listed on this wage I1 1 determination, if it is II I higher) for all hours II I spent performing on the 1I I contract in 2022. 1 III I if the contrac! was awarded on 1. Executive Order 13658 1 jor between ]anuary 1, 2015 and I generally applies to the 1j]anuary 29, 2022, and the 1 contract. II contract is not renewed or 1 . The contractor must pay alllI extended on or after lanuary I covered workers at least I130, 2022: 1 $11.25 per hour (or the 11 1 applicable wage rate listed I1 1 on this wage determination, II I if it is higher) for all I1 1 hours spent performing on II I that contract in 2022. 1 II The applicable Executive Order minimum wage rate will beadjusted annually. If this contract is covered by one of theExecutive Orders and a classification considered necessary forperformance of work on the contract does not appear on this wage determination, the contractor must still submit aconformance request . Additional information on contractor requirements and workerprotections under the Executive Orders is available at https : //www . dol . gov/agencies/whd/government - contracts . Modification Number Publication Date +frJh DocuSign Envelope ID: 51F58C2D-BE92dj31 :b9234-6E84ABFA0607 e 1 2 01/07/2022 02/25/202204/29/2022 + PLUMOIOO-002 11/01/2621 Rates Fringes 13 . 07Plumbers and Pipefitters. . . . . . . . .$ 34.48 + SUTX1991-004 09/23/1991 Rates Fringes Laborers : Common. . . . . . . . . . . . . . . . . . . . . .$ 7.25 ## Utility. . . . . . . . . . . . . . . . . . . . .$ 7.467 ++ Pipelayer. . . . . . . . . . . . . . . . . . . . . . . .$7.828 ++ Power equipment operators :Backhoe. . . . . . . . . . . . . . . . . . . . .$ 10.804 **Crane. . . . . . . . . . . . . . . . . . . . . . .$ 10.942 ++Front End Loader. . . . . . . . . . . .$ 9.163 ++Tunneling Machine (48"" orless) . . . . . . . . . . . . . . . . . . . . . . .$ 9.163 ## TRUCK DRIVER. . . . . . . . . . . . . . . . . . . . .$8.528 ++ WELDERS - Receive rate prescribed for craft performingoperation to which welding is incidenta1. ++ Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 13658($11.25) . Please see the Note at the top of the wagedetermination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leavefor Federal Contractors applies to all contracts s-ubject to theDavis-Bacon Act for which the contract is awarded (and anysolicitation was issued) on or after lanuary 1, 2017. If thiscontract is covered by the EO, the contractor must proVideemployees Mith 1 hour of paid sick leave for every 30hoursthey work, up to 56 hours of paid sick leave each year.Employees must be permitted to use paid siCk leave for theirown illness, injury or other health-related needs, including preventive care; to assist a family member (or person who islike family to the employee) who is ill, injured, or has otherhealth-related needs, including preventive care; or fdr reasonsresulting from, or to assist a family member (or personwh6 islike family to the employee) who is a victim of, domesticviolence, sexual assault, or stalking. Additional informationon contractor requirements and worker protections under th-e EOis available at https : //www . dol . gov/agencies/whd/government -contracts i Unlisted classifications needed for MorI< not included withinthe scope of the classificationslisted may be added afteraward only as provided in the labor standards contract clauses(29CFR 5.5 (a) (1) (ii)) . =::-- H==/-=q DocuSign Envelope ID: 51F58C2D-BE9221313-9234-6E84ABFA0607 The body of each wage determination lists the classificationand wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wagedetermination. The classifications are listed in alphabeticalorder of "''identifiers"" that indicate whether the particularrate is a union rate (current union negotiated rate for local),a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosedin dotted lines beginning with characters other than ""SU"'’ or""UAVG’"’ denotes that the union classification and rate were prevailing for that classification in the survey. Example:PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier ofthe union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198. The next number,005 in the example, is an internal number used in processingthe wage determination. 07/01/2614 is the effective date of themost current negotiated rate, which in this example is ]uly I,2014 Union prevailing wage rates are updated to reflect all ratechanges in the collective bargaining agreement (CBA) governingthis classification and rate. Survey Rate Identifiers Classifications listed under the ""SU" '' identifier indicate that no one rate prevailed for this classification in the survey andthe published rate is derived by computing a weighted averagerate based on all the rates reported in the survey for thatclassification . As this weighted average rate includes allrates reported in the survey, it may include both union andnon-union rates. Example: SULA2912-007 5/13/2014. SU indicatesthe rates are survey rates based on a ueighted averagecalculation of rates and are not majority rates . LA indicatesthe State of Louisiana. 2612 is the year of survey on whichthese classifications and rates are based. The next number, 007in the example, is an internal number used in producing thewage determination . 5/13/2014 indicates the survey completiondate for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted . Union Average Rate Identifiers Classification(s) listed under theU AVG identifier indicatethat no single majority rate prevailed for thoseclassifications; however J 100% of the data reported for theclassifications was union data. EXAMPLE: UAVG:OH-0010 08/29/2014. UAVG indicates that the rata is a weighted unionaVerage rate. OH indicates the statd. The next numbdr, 0010 in the example, is an internal number used in producing the wagedetermination. 08/29/2014 indicates the survey completion datefor the classifications and rates under that identifier. A UAVG rate will be updated once a year , usua11y in January of DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 each year, to reflect a weighted average of the currentnegotiated/CBA rate of the union locals from which the rate isbased . WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This canbe + # # # an existing published wage determinationa survey underlying a wage determination a Wage and Hour Division letter setting forth a position ona wage determination mattera conformance (additional classification and rate) ruling On survey related matters, initial contact, including requestsfor summaries of surveys, should be with the Wage and HourNational Office because National Office has responsibility forthe Davis-Bacon survey program. If the response from thisinitial contact is not satisfactory, then the process describedin 2. ) and 3. ) should be fo11owed. With regard to any other matter not yet ripe for the formalprocess described here, initial contact should be with theBranch of Construction Wage Determinations . Write to: Branch of Construction Wage DeterminationsWage and Hour DivisionU.S. Department of Labor 200 Constitution Avenue, N. W. Washington, DC 20210 2. ) if the answer to the question in 1. ) is yes, then aninterested party (those affected by the action) can requestreview and reconsideration from the Wage and Hour Administrator(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wagepayment data, project description, area practice material,etc. ) that the requestor considers relevant to the issue. 3. ) if the decision of the Administrator is not favorable, aninterested party may appeal directly to the AdministrativeReview Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 260 Constitution Avenue, N. W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. 1)END OF GENERAL DECISIO" DocuSign Envelope ID: 51F58C2D-BE924313-9234-6E84ABFA0607 DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 "General Decision Number: Tx20229e25 Q2/25/2622 Superseded General Decision Number: Tx29219e25 State: Texas Construction Type: Highway Counties : Archer, Callahan, Clay, Collin, Dallas, Delta,Denton, Ellis, Grayson, Hunt, Johnson, lones, Kaufman, Parker,Rockwa11, Tarrant and Wise Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, buildingstructures in rest area projects & railroad construction;bascule, suspension & spandrel arch bridges designed forcommercial navigation, bridges involving marine construction; and other major bridges) . Note: Contracts subject to the Davis-Bacon Act are generallyrequired to pay at least the applicable minimum wage raterequired under Executive Order 14026 or Executive Order 13658.Please note that these Executive Orders apply to coveredcontracts entered into by the federal government that aresubject to the Davis-Bacon Act itself, but do not apply tocontracts subject only to the Davis-Bacon Related Acts,including those set forth at 29 CFR 5.1(a) (2)-(60) . 1 if the contract is entered I . Executive Order 14026 1I into on or after January 30, 1 generally applies to the I12022, or the contract is I contract. II renewed or extended (e.g. , an I. The contractor must pay Ijoption is exercised) on or 1 all covered workers at 11 after January 30, 2622: 1 least $15.00 per hour (or 11 1 the applicable wage rate II I listed on this Wage I I I determination, if it is II I higher) for all hours I I I spent performing on the 11 1 contract in 2622. - 1III1 if the contract was awarded on 1. Executive Order 13658 1 Ion between January 1, 2015 and1 generally applies to the Illanuary 29, 2022, and the 1 contract. II contract is not renewed or 1 . The contractor must pay alllI extended on or after January 1 covered workers at least I 130, 2022: _ 1 $11.25 per hour (or the 11 1 applicable wage rate listed I1 1 on this wage determination, I1 1 if it is higher) for all I1 ] hours spent performing on 11 1 that contract in 2022 . 1III==== The applicable Executive Order minimum wage rate will beadjusted annually. If this contract is covered by One of theExecutive -Orders and a classification considered necessary forperformance of work on the contract does not appear on thiswage determination, the contractor must still submit a conformance request . Additional information on contractor requirements and workerprotections under the Executive Orders is available at DocuSign Envelope ID: 51F58C2D-BE9221313-9234-6E84ABFA0607 https : //www . dol . gov/agencies/whd/government -contracts . Modification Number Publication Datea 01/07/20221 02/25/2022 # SUTX2011-007 08/03/2011 Rates Fringes CONCRETE FINISHER (Paving andStructures) . . . . . . . . . . . . . . . . . . . . . .$ 14.12 ++ ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 19.80 FORM BUILDER/FORM SETTER Paving & Curb. . . . . . . . . . . . . . .$ 13.16 ++Structures. . . . . . . . . . . . . . . . . .$ 13.84 ++ LABORER Asphalt Raker. . . . . . . . . . . . . . .$ 12.69 ## Flagger. . . . . . . . . . . . . . . . . . . . .$ 10.06 ##Laborer, Common. . . . . . . . . . . . .$ 10.72 ++ Laborer, Utility. . . . . . . . . . . .$ 12.32 ++ Pipelayer . . . . . . . . . . . . . . . . . . .$ 13.24 88Work Zone Barricade Servicer. . . . . . . . . . . . . . . . . . . .$ 11.68 ++ POWER EQUIPMENT OPERATOR:Asphalt Distributor . . . . . . . . .$ Asphalt Paving Machine . . . . . .$ Broom or Sweeper . . . . . . . . . . . . $Concrete Pavement Finishing Machine. . . . . . . . . . .$ Concrete Saw. . . . . . . . . . . . . . . .$Crane Operator, LatticeBoom 80 Tons or Less . . . . . . . .$Crane Operator, Lattic9Boom over 80 Tons . . . . . . . . . . . $Crane, Hydraulic 80 Tons or Less. . . . . . . . . . . . . . . . . . . . .$Crawler Tractor . . . . . . . . . . . . .$ Excavator, 50,000 poundsorless. . . . . . . . . . . . . . . . . . . . .$Excavator, over 50,eea pounds . . . . . . . . . . . . . . . . . . . . . .$Foundation Drill , Truck Mounted. . . . . . . . . . . . . . . . . . . . .$Foundation Drill, CrawlerMounted. . . . . . . . . . . . . . . . . . . . .$Front End Loader 3 CY or Less . . . . . . . . . . . . . . i . . . . . . . . .$Front End Loader, over 3 CY.$Loader/Backhoe. . . . : . . .-. . . . . .$ Mechanic . . . . . . . . . . . . . . . . . . . .$Milling Machine. . . . . . . , . . . . .$Motor Grader, Fine Grade. . . .$Motor Grader, Rough. . . . . . . . .$Pavement Marking Machine. . . .$ Reclaimer/Pulverizer . . . . . . . .$Roller, Asphalt . . . . . . . . . . . . .$Roller, Other . . . . . . . . . . . . . . .$ Scraper. . . . . . . . . . . . . . . . . . . . .$ Small Slipform Machine. . . . . .$ 15.3213.99 ++11.74 88 16 . 0514.48 ++ 17 . 27 20 . 52 18.12 14.07 ++ 17 . 19 16 . 99 21 . 07 17 . 99 13 . 6914.72 15.1817 .6814.3217 . 19 16.0213.63 11 . al13.0811.5112.96 15.96 ## ++ ## ## ## ## ## ++ DocuSign Envelope ID: 51F58C2D-BE924313-9234-6E84ABFA0607 Spreader Box. . . . . . . . . . . . . . . .$ 14.73 ++ Servicer. . . . . . . . . . . . . . . . . . . . . . . . .$ 14.58 ++ Steel Worker (Reinforcing) . . . . . . .$ 16.18 TRUCK DRIVER Lowboy-Float . . . . . . . . . . . . . . . .$ 16.24aff Road Hauler. . . . . . . . . . . . .$ 12.25 ++Single Axle. . . . . . . . . . . . . . . . .$ 12.31 ** Single or Tandem Axle DumpTruck. . . . . . . . . . . . , . . . . . . . . . .$ 12.62 ++Tandem Axle Tractor with Semi Trailer . . . . . . . . . . . . . . . .$ 12.86 ++ Transit-Mix. . . . . . . . . . . . . . . . .$ 14.14 ** WELDER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 14.84 ++ = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = WELDERS - Receive rate prescribed for craft performingoperation to which welding is incidental. ++ Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.06) or 13658($11.25) . Please see the Note at the top of the wagedetermination for more information. Note: Executive Order (ED) 13766, Establishing Paid Sick Leavefor Federal Contractors applies to all contracts subject to theDavis-Bacon Act for which the contract is awarded (and anysolicitation was issued) on or after January 1, 2017. If thiscontract is covered by the EO, the contractor must provideemployees Mith 1 hour of paid sick leave for every 30 hoursthey work, up to 56 hours of paid sick leave each year.Employees must be permitted to use paid sick leave for theirown illness, injury or other health-related needs, includingpreventive care; to assist a family member (or person who islike family to the employee) who is ill, injured, or has otherhealth-related needs, including preventive care; or for reasonsresulting from, or to assist a family member (or person who islike family to the employee) who is a victim of, domesticviolence, sexual assault, or stalking. Additional informationon contractor requirements and worker protections under the EOis available at https : //www . dol.gov/agencies/whd/government - contracts . Unlisted classifications needed for work not included withinthe scope of the classifications listed may be added afteraward only as provided in the labor standards contract clauses(29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classificationand wage rates that have been found to be pFevailing for the cited type(s) of construction in the area covered by the wagedetermination. The classifications are listed in alphabeticalorder of ""identifiers"" that indicate whether the particularrate is a union rate (current union negotiated rate for local),a survey rate (weighted average rate) or a union average rate (weighted union average rate) . ':-::';’:-:IJ:):=–=:::%.}:.=1'”-:r DocuSign Envelope ID: 51F58C2D-BE9221313-9234-6E84ABFA0607 Union Rate Identifiers A four letter classification abbreviation identifier enclosedin dotted lines beginning with characters other than ""SU"" or""UAVG’"' denotes that the union classification and rate were prevailing for that classification in the survey. Example:PLUMg198-005 07/01/2014. PLUM is an abbreviation identifier ofthe union which prevailed in the survey for this classification, which in this example would be Plumbers . 0198indicates the local union number or district council number where applicable, i. e. , Plumbers Local 0198. The next number,gas in the example, is an internal number used in processingthe wage determination. 07/01/2014 is the effective date of themost current negotiated rate, which in this example is ]uly I,2014 Union prevailing wage rates are updated to reflect a11 ratechanges in the co11ective bargaining agreement (CBA) governingthis classification and rate. Survey Rate Identifiers Classifications listed under the "“SU"'’ identifier indicate that no one rate prevailed for this classification in the survey andthe published rate is derived by computing a weighted averagerate based on all the rates reported in the survey for thatclassification . As this weighted average rate includes all rat4s reported in the survey, it may include both union andnon-union rates. Example: SULA2012-007 5/13/2014. SU indicatesthe rates are survey rates based on a ueighted averagecalculation of rates grId are not majority rates . LA indicatesthe State of Louisiana. 2012 is the year of survey on whichthese classifications and rates are based. The next number, 607in the example, is an internal number used in producing thewage determination. 5/13/2014 indicates the survey completiondate for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted . Union Average Rate Identifiers Classification(s) listed under the U AVG identifier indicatethat no single majority rate prevailed for thoseclassifications; however, IOg% of the data reported for theclassifications bias union data. EXAMPLE : UAVG-OH-0010 68/29/2014. UAVG indicates that the rate is a weighted unionaverage rate. 0H indicates the state. The next nUmber, ogle in the example, is an internal number used in producing the wagedetermination. 08/29/2014 indicates the survey completion datefor the classifications and rates under that identifier. A !JAVG rate will be updated once a Pear; usua11y in ganuary ofeach year, to Feflect a weighted av-erage of the currentnegotiated/CBA rate of the union locals from which the rate isbased . WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can DocuSign Envelope ID: 51F58C2D-BE9221313-9234-6E84ABFA0607 be : # # # # an existing published wage determinationa survey underlying a wage determinationa Wage and Hour Division letter setting forth a position ona wage determination mattera conformance (additional classification and rate) ruling On survey related matters, initial contact, including requestsfor summaries of surveys, should be with the Wage and HourNational Office because National Office has responsibility forthe Davis-Bacon survey program. If the response from thisinitial contact is not satisfactory, then the process describedin 2. ) and 3. ) should be followed . With regard to any other matter not yet ripe for the formalprocess described here, initial contact should be with theBranch of Construction Wage Determinations . Write to: Branch of Construction Wage DeterminationsWage and Hour DivisionU.S. Department of Labor 200 Constitution Avenue, N. W. Washington, DC 20210 2. ) if the answer to the question in 1. ) is yes, then aninterested party (those affected by the action) can requestreview and reconsideration from the Wage and Hour Administrator (Sde 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, DC 20210 The request should be accompanied by a full statement of theinterested party's position and by any information (wagepayment data, project description, area practice material,etc. ) that the requestor considers relevant to the issue. 3. ) if the decision of the Administrator is not favorable, _aninteFested party may appeal directly to the Administratjve Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor260 Constitution Avenue, N. W. Washington, DC 20210 4. ) All deci-sions by- the Administrative Review Board are final: = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =:= = = = =n= n=B u=nu=n END OF GENERAL DECISIO" DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 00 45 26CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LA\V Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW2 3 4 5 6 7 8 9 10 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker’s compensation insurance coverage for all of its employees employed on IH- 35E/May11ill Utility Relocation Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor’s certificates of compliance with worker’s compensation coverage. CONTRACTOR: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Mountain Cascade of Texas, LLC Company By: Andrew L. McCulloch 5340 East US Highway 67Address Signature Alvarado, TX 76009 City/State/Zip Title: Vice President (Please Print) THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared Andrew L. McCulloch , known to me to be the person whose name is subsCribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Vice President for the puwoses and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13th September , 208._day of MbIt]HIIM HANNA Notary Public. State of Texas Comm. Expires 1 1.30-2024 Notary ID 132735780 Fe ifT;xas 38 39 END OF SECTION 40 crm OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised Novelllher 23, 211211 R[fecIiw JaIn lay IS, 2021 FB #7968-001 IH-35E/Mayhill Utility Relocation DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page i of vi STANDARD GENERAL CONDITIONS OF THECONSTRUCTION CONTRACT CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised Noveriber 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92dj313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page ii of vi STANDARD GENERAL CONDITIONSOF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page ...... 1 ,...... 1 ,...... 6 ,...... 7 7 7 7 ,...... 8 ....... 8 ,...... 8 ....... 8 ,...... 8 ,...:.. 8 ,......9 ,.....9 ,.... 10 ,.... IO ,... 11 . 11 ,. 11 ,. 11 ARTICLE 1 – DEFiNITIONS AND TERMINOLOGY . 1.01 Defined Terms .. . 1.02 Terminology . . , ARTICLE 2 – PRELIMINARY MATTERS . ........ . Delivery of Performance and Payment Bonds; Evidence of Insurance ......... . Copies of Documents ............................., Before Starting Construction ................ . . . Preconstruction ConferenceMeeti lrg . . . . . . . , Public Meeting........................................ Initial Acceptance of Schedules .............. . 2.07 Electronic Submittals and Transmittals , ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE .. 2.01 2.02 2.03 2.04 2.05 2.06 3.01 Intent ..................................................... 3.02 Reference Standards ....................... Reporting and Resolving Discrepancies . . . Requirements of the Contract Documents . 3.03 3.04 3.05 Reuse of Documents ................................. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK............... . 4.01 Commencement of Contract Time; Notice to Proceed. 4.02 Starting the Work . , 4.03 Delays in Contractor’s Progress... ARTICLE 5 – SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUSENVIRONMENTAL CONDITIONS ... , 5.01 Availabilityo f Lands......,........:................... 5.02 Use of Site and Other Areas ....................... 5.03 Subsurface and Physical Conditions .......... . 5.04 Differing Subsurface or Physical Conditions 5.05 Underground Facilities................................., 5.06 Hazardous Environmental Conditions at Site . 12 i. 12 ,.. 13 ,. 14 ,. 15 ,. 16 17 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 2D, 2020 DocuSign Envelope ID: 51F58C2D-BE92Jj313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page iii of vi ARTICLE 6 – BONDS AND INSURANCE.................................................. 6.01 Licensed Sureties and Insurers. 6.02 Performance, Payment, and Maintenance Bonds ..... . .. . ......... . .. . .. ... .. 6.03 Certificates of Insurance . 6.04 Contractor’s Insurance ., 6.05 Acceptance of Bonds and Insurance; Option to Replace..... , ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES .......... , 7.01 Contractor’s Means and Methods of Construction ..... , 7.02 Supervision and Superintendence ................, 7.03 Labor; Working Hours ..........................................., 7.04 Services, Materials, and Equipment . . ...................... 7.05 Project Schedule............ ... .. 7.06 “Or Equals”.................... 7.07 Substitutions .......... ,................ 18 ,.................................... 18 ,..................................... 18 ,........................................ 19 ,..........................................21 ,............................................ 22 ................. 22 22 ,.... 22 ,......... 23 ,........ 23 ,............... 24 ...................................... 24 25e••••••• •••••••••••••••• •••••••••••••••••£•• W/ 7.08 Concerning Subcontractors and Suppliers .... . WageRates .................................:................ Patent Fees and Royalties Permits and Utilities . .... . 27 ..... 28 ,. 29 7.09 7.10 7:11 ,......... 29 ,........... 307.12 Taxes ..........:................. 7.13 Laws and Regulations .. Record Documents . . . . . . . ............ 30 ..:.........31 ............ 31 7.14 7.15 Safety and PrQtection ... . Hazard Communication EmergQncies and/orRec1 Submittals . . . . . Continuing the Work . . Contractor’s General Warranty and Guarantee . . . . .. . . .. . , Indemhification . 7.16 ............ 32 7.17 ,.... 32 7.18 ,. 33 7.19 7.20 .. 34 .......... 34 7.21 .......... 35 ,................... 36 ,...................... 36 .......................37 7.22 Delegation Qf Professional Design Services . . . . . . . . . . . . . . . , 7.23 Right to Audit .....,.........................-.............. 7.24 Nondiscrimination............... ARTICLE 8 – OTHER WORK AT THE SITE .......... 8.01 Other Work . . .......... . . 8.02 Coordination . .,..........j........ 37 ,....... 37 ,....:. 38 CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revisgd November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page iv of vi 8.03 Legal Relationships ..... . . . . .. . . ... ARTICLE 9 – CITY’S RESPONSIBILITIES ... . 9.01 Communications to Contractor . .... . . 9.02 Furnish Data ...................................... ...38 .. 39 39 ,. 39 Pay When Due ............................................. Lands and Easements; Reports, Tests, and Drawings .......................... . Change Orders ... . Inspections, Tests, and Approvals................................................... Limitations on City’s Responsibilities ..............................................................................:..... 39 9.08 Undisclosed Hazardous Environmental Condition .................................................................. 39 9.09 Compliance with Safety Program ........................................................................................... 39 ARTICLE 10 – CITY’S OBSERVATION DURING CONSTRUCTION .............................................. 40 10.01 City’s Project Manager or Duly Authorized Representative ........................................,....... 40 10.02 Visits to Site....................................................................................................................... 40 10.03 Determinations for Work Performed................................................................................... 40 10.04 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . .. . . 40 ARTICLE 11 – CHANGES IN THE WORK; CLAIMS; EXTRA WORK.............................................41 11.01 Amending and Supplementing the Contract ........................................................................41 11.02 Execution of Change Orders ....................:..........................................................................41 9.03 ,. 39 9.04 9.05 9.06 9.07 ,.. 39 ,.. 39 39 11.03 11 .04 Field Orders ..........41 Authorized Changes in the Work – Extra Work ...... , Unauthorized Changes in the Work .... , Dispute of Extra Work. . Contract Claims Process . Change of Contract Price . .. . ,.41 11.05 ,.41 11.06 ,.. 42 ,.. 4211.07 11.08 ,.. 43 11 .09 Change of Contract Time. .. . 1 1.10 Notification to Surety ................................................................ ARTICLE 12 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLAtMEASUREMENT . . ... . 44 ,.. . 44 riTY 45 12.01 12.02 Cost of the Work ..........................=...... Allowances ......................................... ,.... 45 ,......... 48 12.03 Unit Price Work ................................................................................................................. 48 Plans Quantity Measurement for Unclassified EXcavation or Embankment . ........................ 4912.04 CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 00 72 00 GENERAL CONDITIONS Page v of vi ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OFDEFECTrvE WORK . . Access to Work ....................................... Tests, Inspections .......... . Defective Work .................................................................................................................. 51 Rejecting Defective Work .................................................................................................. 51 Acceptance of Defective Work ........................................................................................... 52 Uncovering Work............................................................................................................... 52 13.07 City May Stop the Work..................................................................................................... 52 13.08 City May Correct Defective Work ...................................................................................... 53 ARTICLE 14 – PAYMENTS TO CONTRACTOR; COMPLETION; CORRECTION PERIOD............ 53 ..................... 50 13.01 ,................ 50 5013.02 13.03 13.04 13.05 13.06 14.01 Progress Payments .. Contractor’s Warranty of Title.... . Partial Utilization . . . . . . . . ,................. 53 14.02 ,...... 56 14.03 ,....... 56 14.04 Final Inspection...... . . . . . Final Acceptance Final Payment .... .. . ...... 14.07 Final Completion Delayed and Partial Retainage Release.................................................... 58 14.08 Waiver of Claims ............................................................................................................... 58 ,. 57 14.05 14.06 ,... 57 57 14.09 Correction Period ............................................................................................................... 58 ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION....................................................... 59 15.01 City May Suspend Work ................................................................................................... 59 15.02 City May Terminate for Cause............................................................................................ 60 15.03 City May Terminate for Convenience ................................................................................. 61 ARTICLE 16 – FINAL RESOLUTION OF DISPUTES ........................................................................ 63 16.01 Methods and Procedures ..... . ARTICLE 17 – MISCELLANEOUS ....., 17.01 - Giving Notice. 17.02 Computation of Times . . 17.03 Cumulative Remedies. . 17.04 Limitation of Damages ............................ 17.05 No Waiver. ,....:. 63 ,..... . 64 ,. 64 ,. 64 64 ...............:.....:...................... 64 .......... 1.................................. 65 ,...:....:..................................1.. 65 65 17.06 Survival of Obligations . Assignment ofCantract . .......................................................17.07 CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 HI n+ '£1 DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page vi of vi 17.08 17.09 Successors and Assigns . ..... .65 Headings CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92dj313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page–1 of 65 ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A.Wherever used in the Contract or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined,terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda–Wfrtten or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed ContractDocuments. 2. Agreement–The written instrument titled “Agreement”, “Agreement – CSP”, or “Agreement – Unit Price Bid” executed by the City and Contractor for the Work, setting forth the name of the Project, Contract Price, Contract Time and the items included in theContract. 3. 4. 5. 6. Application for Payment–The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract. Asbestos–Any material that contains more than one percent asbestos and is hiable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. Hward–Authorization by the City Council for the City to enter into an Agreement. Bid–The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. The term “Bid” shall be defined to include the term “Proposal” in those instances where the City utilizes a Request for Proposal rather thanan Invitation for Bid. 7. Bidder–The individual or entity that submits a Bid directly to City. The term “Bidder” shall be defined to include the terms “Proposer” or “Offeror” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid. 8. Bidding Documents–The Bidding Requirements and the proposed Contract Documents(including all Addenda). The term “Bidding Documents” shall be defined to include the terms “Proposal Documents” in those instances where the City utilizes _a Request for Proposal rather than an Invitation for Bid. 9.Bidding Requirements–The Advertisement or Invitation to Bid, Instructions to Bidders,Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. The term “Bidding Requirements” shall be defined tQ include the terms “Proposal Requirementi” int hose instanQes where the City utilizes a Request for P}opoSal rather than an Invitation for Bid and will include the Request for Proposal or Invitation toOfferors, InstruCtiQns to Offerors, Offerors Bond or other Proposal security; if _any, the Proposal Form, an(it he Proposal with any attachments.CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20. 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 2 of 65 10. 11. Business Day–A day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. 12. Change Order–A document which is prepared by the Contractor or City, approved by the City, and signed by Contractor and City, authorizing an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 13. car–The City of Denton is, a Texas home-rule municipal corporation acting by its City Council through its City Manager or his or her designee. 14. Cify attorney–The officially appointed City Attorney of the City of Denton or his or her designee. 15. City Council--The duly elected and qualified governing body of the City of Denton. 16. 17. City Manager–The officially appointed authorized City Manager of the City of Denton. Con/racf–The entire and integrated set of written instruments between the City and Contractor concerning the Work comprised of the Agreement and all Contract Documents, which written instruments supersede all prior negotiations, representations, or agreements, whether written or oral, concerning the Work. Contract C/aim–A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. Ademand for money or services by a third party is not a Contract Claim. Contract Docrlmerrfs–Those items so designated as “Contract Documents.” in the Agreement at Paragraph 5. 1. A. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not ContractDocuments. 18. 19. 20.Contract Price–The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to theprovisions of Paragraph 12.03 in the case of Unit Price Work). The Contract Price does not include any “Incentive”, if applicable. Contract Time–The number of days or the dates stated in the Agreement to: (a) achieve Milestones, if any and (bb) complete the Work so that it is ready for Final Acceptance. Corrfracfor–The individual or entity with whom City has entered into the Agreement. 21. 22. 23. Cost of the Work–See Paragraph 12.01 of these General Conditions for definition. 24. Damage Claims–X demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 25. 26. Day or day–A day, unless otherwise defined, shall mean a Calendar Day. Drawings–The part of the Contract Documents prepared or approved bp an Engineerthat graphically shows the scope, extent, and chafacter of the Work to be performed by Contractor. Submittals, as defined, are not considered Drawings as $o defined here. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE924313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 3 of 65 27. Efective Date of the Agreement–The date, indicated in the Agreement, on which itbecomes effective„ but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the City. 28. Electronic £)ocumenf–Any Project-related correspondence, attachments to correspondence, text, data, documents, drawings, information, or graphics, including butnot limited to Shop Drawings and other $ubmittals, that are in an electronic or digitalformat 29.Electronic Means–Electronic mail (email), upload/download from a secure Projectwebsite, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by therecipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by the Contract. Electronic Means does not include the use of text messaging, or ofFacebook, Twitter, Instagram, or similar social media services for transmission ofElectronic Documents. 30. Engineer–The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 31. 32. Extra Work–Additional work made necessary by City-approved changes or alterations to the Contract Documents. Extra Work shall be part of the Work. Field Order–A written directive issued by City that requires changes in the Work butdoes not involve a ehange to the Contract Price, Contract Time, or Drawings, Plan, or Shop Drawings. 33. 34. Final 4cceptance–The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfqction of the City. Final Inspection–The inspection performed by the City to determine whether the Contractor has conipleted each and every part or appurtenance of the Work fully,-entirely,and in conformance with the Contract Documents. 35. General Requirements–Sections of The information set forth in “Division 101 – General Requirements” of the Standard Construction Specification Documents. 36. Hazardous Environmental Condition–The presence at the Site of Asbestos, PCBs , Petroleum, Hazardous Waste, Radioactive Material, or any other substance, product, waste or materials, in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 37. Hazardous Waste–Any solid waste listed as hazardous or which possesses one or more hazardous characteristics as defined in applicable Laws and Regulations. 38. Incidental or incidental–Work items that the Contractor isnot paid for direCtly, but costs for which are included under the various bid items of the Project. 39. Laws and Regulations–Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20. 2020 DocuSign Envelope ID: 51F58C2D-BE9221313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 4 of 65 governmental bodies, agencies, authorities, and courts having jurisdiction over the Site or any portion or part of the Work to be performed. 40. Liens–Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 41. 42. Major /rem–An item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price. Milestone–A principal event specified in the Contract Documents relating to the performance of an identified portion of the Work by an intermediate Contract Time prior to Final Acceptance of the Work. 43. Notice o/award–The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed in such notice, City will sign and deliver the Agreement. 44. Notice fo Proceed–A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 45. 46. PCBs–Polychlorinated biphenyls. Petroleum–Petroleum, including guIde ojl or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 poundsper square inch absolute), and including but not limitedt o oil, fuel oil, oil sludge, oil refuse, gasoline, diesel fuel, kerosene, and oil mixed with other non-Hazardous Wasteand crude oils. 47. P/ans–This term will have the same definition of as “Drawings”. 48. 49. 50. Project –The Work !o be performed under the Contract. Project Manager–The authorized representative of the City who will be assigned to the Project . Project Afantla/–The documentary information prepared for bidding or proposing and furnishing the Work. 51. Project Schedule–A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising Contractor’s plan to achieve each Milestone and accomplish the Work withinthe Contract Time. 52. 53. Public Meeting–An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. Sam/2/es–Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 54. Schedule ofSubmittals h schedule, prepared and maintained by Contractor, of requiredsubmittals and the time requirements toto support scheduled performance of relatedconstructron actlvltres. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92=1313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 5 of 65 55. Schedule of Values–A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 56. Shop Drawings–All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustratq some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 57. S#e–Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for theuse of Contractor. 58.Speci$cations or Technical SpecifIcations –The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship asapplied to the Work, and certain administrative requirements and procedural matters applicable to the Work. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Section 00 00 00) of the Project. 59. Subcontractor–An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 60. Submittal–NI\ drawings, diagrams, illu$trations, schedules and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to the City to illustrate some portion of the Work. 61. Subsidiary or subsidiar}h–These terms will have the same definition as “Incidental. orincidental”. 62.Successful Bidder–The Bidder to whom City issues a Notice of Award. The term “Bidder” shall be defined tO include the terms “Proposer” or “Offeror” in those instances where the City utilizes a Request for PropQsal rather than an Invitation for Bid and is the Proposer or Offeror submitting the proposal or offer that provides the best value to the City and to whom the City issues a Notice of Award. 63. Superintendent–The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 64. Supplementary Conditions–The part of the Contract set forth at Division oo 73 00 that amends or supplements these General Conditions. 65. Supplier–A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 66.Underground Facilities–N\\ underground lines, pipelines, Conduits, duCts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site; including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optictrdnsnlissions, power, electricity, light, heat, gases, oil, cradQ_ oil products, liquid CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20. 2020 DocuSign Envelope ID: 51F58C2D-BE9221313-9234-6EB4ABFA0607 00 72 00GENERAL CONDITIONS Page 6 of 65 petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 67. Unit Price Work–Work for which the Contract Price is determined by multiplying the unit price for the item by the estimated quantity of the item. 68. Weekend Working Hours–Those hours between 8:00 a.m. and 8:30 p.m. on Saturday, and between 1:00 p.m. and 8:30 p.m. on Sunday or on a federal or state holiday observed by the City, as approved in advance by the City for performing Work. 69.Work–The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order„ and furnishing, installing, and incorporating all materials and equipment into such construction, all ag required bythe Contract Documents. 70. Working Day–Defined as a Business Day but excluding any days that weather or other conditions beyond the reasonable control of the Contractor prevents the performance of the princip41 unit of work underway for a continuous period of not less than 7 hours between 7:00 a.m. and 8:00 p.m. 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract, have the indicated meaning. B.Intent of eertain Terms or Adjectives : The Contract includes the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of judgment by CityCity. In addition, thQ adjectives “reasonable,” “suitable,” “acceptable,”“proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that sUch exercise of judgment, action, or determination will be to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contr4ct Documents (unless there is a specific statement indicating otherwise). C.Defective : The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: 1.does not conform to the Contract Documents; or 2. does not meet the requirements of gny applicable inspection, reference standard, test, orapproval referred to in the Contract Documents; or 3. has been damaged prior to City’s written notice of Final AcQeptance. D.Furnish, Install, Perform, Provide 1. The word “furnish,” when u£ed in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 7 of 65 2. The word “install,” when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. 4. The words “perform” or “provide,” when used in connection with services, materials, or equipment, means to execute, carry out, furnish and install said services, materials, or equipment complete and ready for intended use. If the Contract Documents establish an obligation of Contractor with respect to specificservices, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. E.Unless stated otherwise in the Contract, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Performance and Payment Bonds ; Evidence of Insurance A.Performance and Paymept Bonds: When Contractor delivers the signed counterparts of the Agreement to City, Contractor shall also deliver to City the performance bond , payment bond and maintenance bond that comply with the provisions of Chapter 2253 of the Texas Government Code. Work Will not be allowed to begin until the performance and payment bonds have been provided by the Contractor to the City. B.Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to City, Contractor shall also deliver to City, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6. Work will not be allowed to begin until the evidence of insurance has been provided by the Contractor to the City. 2.02 Copies of Documents A. City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract, and three (3) additional copies of the Drawings. Additional printed copies will be furnished upon request at the cost of reproduction. 2.03 Before Starting Construction Baseline startihg Work, Contractor shall submit for review by City the following in accordancewith the Contract Documents: A. B. C. Baseline Schedules in accordance with General Requirements, Section 01 32 16. Preliminary Schedule ofSubmittals. Preliminary Schedule of Values: For lump sum contracts, a Schedule of Values for all of the Work that includes quantities and prices of items that when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20. 2020 -: 1 DocuSign Envelope ID: 51F58C2D-BE924313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 8 of 65 2.04 Preconstruction Meeting A.Before any Work at the Site is started, the Contractor shall attend a Preconstruction Meeting as specified in Section 01 31 19. 2.05 Public Meeting A. Contractor may not mobilize any equipment, materials, or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.06 Initial Acceptance of Schedules A. No progress payment shall be made to Contractor until acceptable Project Schedules aresubmitted to City in accordance with the Contract Documents. 2.07 Electronic Submittats and Transmittals A. B. C. Except as otherwise stated elsewhere in the Contract, the City and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means. If the Contract does not establish protocols for Electronic Means, then City and Contractor shall jointly develop such protocols. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long- term compatibility, usability, or readability of the Electronic Documents resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. B. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all. It is the intent of the Contract to describe a functionally complete Project to bQ constructed in accordahce with the Contract Documents. Any labor, documentatioh, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically qalled for, at no additional cost to City. C. D. City will issue clarifications and interpretations of the Contract Documents as provided herein. The Specifications may vary in form, forma and style. Some Specification sections may be written in varying degrees of streamlined or declarative style, and some sections may be relatively narrative by comparison. Omission of such words and phrases as “the Contractor shall,” “in conformity with,” “as shown,” or “as specified” are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provi$ions may appear in various parts of a section or articles within a part depending on the format of the section. The C6ntractor shall not take advantage of any variation of form, fotmat or style in making Contract Claims or Damage Claims. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-92344E&IABFA0607 00 72 00GENERAL CONDITIONS Page 9 of 65 E.The cross-referencing of Specification sections under the subparagraph heading “Related Sections include but are not necessarily limited to:” and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross-referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not cross-referencing is provided in each section or whether the cross-referencing is complete or accurate. 3.02 Reference Standards A.Standards Specifications, Codes, Laws and Regulations 1.Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2.No provision of any such standard specification, manual, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities ofCityCity, Contractor, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City or any of its 6fficers, elected or appointed officials, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct thQ performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1.Contractor ’s Verifrcation of Figures and Field Meastrrements'. Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and checkand verify pertinent $gures and dimensions therein, particularly with respec[ to applicable field measurements, and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2.Contractor’s Review of Contract Documents-. If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.1717) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by City, or by an amendment or supblement to the Contract issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity,or discrepancy in the Contract Documents unless Contractor had actual knowledgethereof. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTSRevised November 20, 2020 ---:i!,@I DocuSign Envelope ID: 51F58C2D-BE92z1313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 10 of 65 B.Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier; or b. the provisions of any Laws or Regulations applicable to the performance of the Work(unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Drawings shall govern over Specifications, and Supplementary Conditions shall govern over General Conditions and Specifications. 3.04 Requirements of the Contract Documents A.During the performance of the Work and until final payment, Contractor shall submit to the City in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation–RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. City will be the interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work. B. City will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. City’s written clarification, interpretation, or decision will be final and binding on Contractor,unless Contractor appeals by filing a Contract Claim. 3.05 Reuse of Documents A.Contractor and its Subcontractors and Suppliers shall not: 1.have or acquire any title to or ownership rights in any of the Drawings, Specifications, or otherdocuments (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any such Drawings, Specifications, other documents, or copies thereof oh extensions of th9 Project or anyother project without written consent of CityCity and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without City’s express written consent, or violate any copyrights pertaining to such Contract Documents. B.The prohibitions of this Paragraph 3.05 05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised NoVember 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 11 of 65 ARTICLE 4 - COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Time; Notice to Proceed A. The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of theContract. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work may be done at the Site prior to the date on which the Contract Time commencesto Iun 4.03 Delays in Contractor’s Progress A.If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. The City shallbe liable only to the extent allowed by the provisions of the Contract and as allowed by Subchapter I, Chapter 271 of the Texas Local Government Code. B.Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attrjbutable to 4nd within the control of a Subcontractor or Suppjier shall bedeemed to be within the control of Contractor. C.The Contractor shall receive no compensation for delays or hindrances to the Work, exceptwhen direct and unavoidable extra cost to the Contractor is caused by the -failure of the City to provide information or material, if any, that the Contract specifies is to be furnished by theCity D.If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of City, Contractor, and those for whom they are responsible, then Contr4ctor shall be entitled to an equitable adjustment in Contract Time. Such an adjustment will be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this Paragraph 4.03. D. The Contractor is responsible for the prom@ submjssion of a rdquest for an adjustment to the Contract Time under this Paragraph to the City. Causes of delay, disruption, or interference that may give riseto an adjustment in Contract Time under this Paragraph include but are not limited to thefollowing: 1. Severe and unavoidable natural -catastrophes such as fires, floods, epidemics, and earthquakes; 2. Abnormal weather conditions; 3. Acts or failures to act of third-party utility owners or other third-party entities (other than those third-party utility owners or othef third-party entities performing other work at oradjacent to the Site as arranged by or under contract with City, as contemplated inArticle 8); and CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20. 2020 DocuSign Envelope ID: 51F58C2D-BE924313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 12 of 65 4. Acts of war or terrorism. E.Contractor’s entitlement to an adjustment of Contract Time or Contract Price is limited asfollows: 1. 2. Contractor’s entitlement to an adjustment of the Contract Time is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference. Contractor shall not be entitled to an adjustment in Contract Price for any delay,disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Time to which Contractor isotherwise entitled. 3. Adjustments of Contract Time or Contract Price are subject to the provisions ofArticle 11. F.Each Contractor request or Change Order seeking an increase in Contract Time or Contract Price must be supplemented by supporting data that sets forth in detail the following: 1. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption, or interfererFe began to affeQt the progress of the Work; 3. 4. 5. 6. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; The number of days’ increase in Contract Time claimed as a consequence of each such cause of delay, disruption, or interference; and The impact on Contract Price, in accordance with the provisions of Paragraph 11.08. Contractor shall also furnish such additional supporting documentation as City may require including, where appropriate, a revised Project Schedule indicating all theactivities affected by the delay, disruption, or interfQrence, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of theWork G.Delays, disruption, and interference to the performance or progress of the Work resulting aom the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from undisclosed Hazardous Environmental Conditions, are governed by Article 5, tpgether with the provisions of Paragraphs 4.03.F and 4.03.G. ARTICLE5– SITE; SUBSURFACEENVIRONMENTAL CONDITIONS AND PHYSICAL CONDITIONS;HAZARDOUS 5.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor in writing of any encumbrances orrestrictions not of general application but specifically related to use of the Site with which CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 13 of 65 Contractor must comply in performing the Work. City will be responsible for obtaining any necessary easements for permanent structures or permanent changes in existing facilities. 1.The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2.Unless otherwise specified in the Contract Documents, the City has or anticipates movingand/or relocating utilities, and obstructions to the Site. Any outstanding movement or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be moved and/or relocated by others. B. C. Upon reasonable written request of Contractor, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. Contractor shall provide for any additional lands and access thereto not included in the Site that may be required for construction facilities or storage of materials and equipment. The costof such shall be part of the Contract Price. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1.Coptractor shall confine construction equipment, temporary copstrbction facilities, the storage of materials and equipment, worker car parking and the operations of workers to the Site, to adjacent areas that Contractor has arranged to use through construction easements or otherwise, and to other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and -such other adjacent areas with worker car parking, construction equipment or other materials or equiplnent. Contractor shallassume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any ottler adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; and (d) for injuries, including death, and damage to or losses of property sustained by the owners or occupants of any such land or areas; provided that such damage, losses, injuries or deaths arose out of or result from the performance of the Work or arose out of or resulted from any other actions or conduct of the Contractor or those for whom Contractor is responsible. 2.At any time when, in the judgment of the City, the Contractor has obstructed, closed, or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for prQper execution of the Work, the City may require the ContrpctQr to reduce the area imp&ted to only that necessary for proper execution of the Work and/or to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20. 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 14 of 65 3. 4. 5. Construction equipment, spoil materials, supplies, forms, buildings, labs, or equipment and supply storage buildings, or any other item that may be transported by flood flows, shall not be stored within existing federal floodways during the course of the Work. Should any Damage Claim be made by any such owner or occupant adversely impacted because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. PURSUANT TO PARAGRAPH 7.21, CONTRACTOR SHALL INDEMNIFY ANDHOLD HARMLESS CITY AND ITS OFFICERS, ELECTED AND APPOINTEDOFFICIALS, AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, COSTS,LOSSES, AND DAMAGES ARISING OUT OF OR RELATING TO ANY CLAIM ORACTION, LEGAL OR EQUITABLE, BROUGHT BY ANY SUCH ADVERSELYIMPACTED OWNER OR OCCUPANT AGAINST CITY. B.Removal of Debris During Performance of the Work'. During the progress of the Work the Contractor shall keep the Site and other adjacent areas Bee from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations. C.Site Maintenance Cleaning: if 24 hours after written notice is given to the Contractor that the clean-up at the Site is insufficient or occUrring in a manner unsatisfactory to the City, the Contractor fails to correct the unsatisfactory condition aid/or procedures, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited tothe Contractor in the written notice, and the costs of such direct corrective action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor underthe Contract. D.Final Site Cleaning: Prior to Final Acceptance of the Work, Contractor shall clean the Site and the Work and make it ready for utiliz4tion by City add any adjacent property owners, if applicable. At the completion of the Work, Contracjor shall remove from the Site and adjacent areas all tools, applianc6s, construction equipment and machinery, surplus material( waste materials, rubbish and other debris and shall restore to original condition or better all areas impacted or disturbed by the Work. E.Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endangef the structure, nor $hall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A.Reports and Drawings: The Supplementary Conditions identify: 1. 2. Those reports knowII to City of explorations and t6sts of subsurface condition§ at or contiguous to the Site; and Those drawings known to City of existing physieal conditions at or contiguous to the Site, including those drawings knQwn to City depiCting existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities.). B. Underground Facilities-. Underground Facilities are shown or indicated on the Drawings,bursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03. A. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92-4313-92344EWIABFA0607 00 72 00GENERAL CONDITIONS Page 15 of 65 Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as technical data. C.Reliance by Contractor on Technical Data: Contractor is provided certain technical data identified in the Supplementary Conditions with respect to such reports and drawings for its use, but the City does not warrant or guarantee the accuracy of the information, and such information including reports and drawings are not Contract Documents. Contractor may not make any Contract Claim against City, or any oftheirits officers, elected or appointed officials, directors, members, partners, employees, agents, consultants, or subcontractors with respectto 1. the completeness or accuracy of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. 3. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or City’s archival documentsconcerning the Site; or 4. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. 5.04 Differing Subsurface or Physical Conditions A. Notice by Corrtractor'. If Contractor believes that any subsurfaQe or physical condition that isuncovered or revealed at the Site either: 1. 2. 3. 4. is of such a nature as to establish that any “technical data” is materially inaccurate; or is of such a nature as to require a change in the Contract Documents; or differs materially from that shown or indicated in the Contract Documents; or is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the ContractDocuments; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing an9 Work in connection therewith (except in an emergency as required by Paragraph 7.17), notify City in writing about suchcondition. B.Possible Pdceand Time Adjustments 1. - Contractor shallnot be entitled to any adjustment in the Contract Price or Contract Timeif: a. Contractor knew of the existence of such condition at the time Contractor Blade a final commitment to City with respect to Contract Price and Contract Time by the submission of a Hid or becoming bound under the Contract; or CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 -;:,:;'IM&&I. --- DocuStgn Envelope ID: 51F58C2D-BE92dj313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 16 of 65 b. The existence of such condition reasonably could have been discovered or revealedas a result of the examination of the Contract Documents or the Site; or C.Contractor failed to give the written notice required by Paragraph 5.04. A. C.Underground Facilities; Hazardous Environmental (:onditions'. Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A.Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others, unless it is otherwise expressly provided in the Supplementary Conditions : : 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for: a.reviewing and checking all information and data; b.verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; C. d. coordination and adjustment of the Work with the owners (including City) of such Underground Facilities, during con$truction; and the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B.Not Shown or Indicated: 1.If an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings or otherwise indicated in the Contract Documents, or was not shown or indicated on the Drawings or in the Contract Documents with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and beforefurther disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required bi Paragraph 7.17), identify the owner of such \Jndergro Imd Facility and give notice to that owner and to City. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2.If City concludes that a change in the Contract Documents is required, a Change Ordermay be issued to reflect and document such consequences, subjectt o the provisions ofArticle 11. 3. VerifiCation of existing utilities, structures, and service lines shall ihclude notification ofall utility companies a minimum of 48 hoars in advance of construction including exploratory excavajion if necessary. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92dj313.92344E84ABFA0607 00 72 00 GENERAL CONDITIONS Page 17 of 65 5.06 Hazardous Environmental Conditions at Site A.Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City relating to Hazardous Environmental Conditions that have been identified at the Site; or 2. drawings known to City relating to Hazardous Environmental Conditions that have beenidentified at the Site. B.Reliance by Contractor on Technical Data : Contractor is provided certain technical data identi6ed in the Supplementary Conditions with respect to such reports and drawings for its use, but the City does not warrant or guarantee the accuracy of the information, and such information including reports and drawings are not Contract Documents. Contractor may not make any Contract Claim against City, or any of its officers, elected or appointed officials, directors, members, partners, employees, agents, consultants, or subcontractors with respectto 1. the completeness or accuracy of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CQntractor, and safety precautions and programs incideat thereto; or 2. other data, interpretations, opinions, and information contaijled in such reports or shown or indicated in such drawings; or 3. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or City’s archival documents concerning the SiR; or 4. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. C.Contractor shall not be responsible for a Hazardous Environmental Condition uncovered orrevealed at the Site if such Hazardous Environmental Condition was not shown or indicated in Drawings or Specifications or identified if the removal or remediation of such Hazardous Environmental Condition was not identifiedin the Contract Documents to be within the scope of the Work. Contractor shall be respOnsible for a Hazardous Environmental Condition creatdd by the actions of or with any materials brought to the Site by ContraQtor, Subcontractors, Suppliers or anyone else for whom Contractor isresponsible and the costs associated with thesame D. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible createsa Hazardous Environmental Condition, then Contractor shall immediatejy: (1) _secure of otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affeCted thereby (except in an emergency as required by Paragraph 7.17); and- (3)notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action„ if anyCITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUNaNTS Revised November 20, -2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 18 of 65 E.Contractor shall not be required to resume Work in connection with a Hazardous Environmental Condition identified pursuant to Paragraph 5.06.D or in any affected area until after City has obtained any required permits related thereto, and delivered written notice toContractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed. F.If, after receipt of such written notice, Contractor does not agree to resume such Work basedon a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by suchcondition to be deleted from the Work and the Contract Price. City may have such deleted portion of the Work performed by City’s own forces or others. G.TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS,CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS CITY, AND ITSOFFICERS, ELECTED AND APPOINTED OFFICIALS, DIRECTORS, MEMBERS,PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, AND SUBCONTRACTORS OFEACH AND ANY OF THEM, FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES,AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGESOF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS ANDALL COURT ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) FORPERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF ORRELATING TO A HAZARDOUS EIWIRONMENTAL CONDITION CREATED BYCONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE. NOTHING IN THIS PARAGRAPH 5.06.CityG OBLIGATES CONTRACTOR TOINDEMNIFY ANY INDIVIDUAL OR ENTITY FROM AND AGAINST THE CONSEQUENCES OF THAT INDIVIDUAL’S OR ENTITY’S OWN NEGLIGENCE. H.The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of a HazardousEnvironmental Condition uncovered or revealed at the Site. ARTICLE 6 – BONDS AND INSURANCE 6.01 Licensed Sureties and Insurers A.All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 6.02 Performance, Payment, and Maintenance Bonds A.Contractor shall furnish a performance bond and a payment bond, in accordance with the provisions of the Texas Government Code Chapter 2253 or successor statute and as required by the City, each in an amount at least equal to the Contract Pace, as seCurity for the faithful performance and paymdnt of all of Contractor’s obligations under the Contract. The performance and payment bonds must be provided by the Contractor to the City prior to theContract6r beginning any Work. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTSRevised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92dj313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 19 of 65 B.Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. The maintenance bond(s) shall be provided as directed by the City as part of the close-out of the Contract and shall be provided prior to the final payment being made. C.All bonds shall be in the form prescribed by the Contract Documents, except as providedotherwise by Laws and Regulations, and must be issued and signed by a surety named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies“ as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. Abond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. D.If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or the surety c9ases to meet the requirements above, or its right to do business isterminated in the State of Texas, then Contractor shall promptly notify City in writing and shall, within 30 days aRd the event giving rise to such notification, provide another bond and surety, both of which must comply with_the bon.d and surety requirements above. E.If Contractor has failed to obtain a required bond, City may refuse to allow the Contractor to begin Work, exclude the Contractor from the Site and exercis6 City’s termination rights underArticle 15 F. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a qopy of the payment bond to such person or entity-. 6.03 CertifIcates of Insurance A.ContractQr shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance and endorsQments (and other evidence of insurance requested by City or any other additional insured) establish_ing that Contractor has obtained and is maintaining the policies and coverages required by these General Conditions and the Supplementary Conditions prior to beginning any Work. 1. 2. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as “additional insureds“ on all liability policies. The Contractor’s general liability insurance shall include a “per project” or “per location” endorsement, that shall be identified in the certificate of insurance provided to the City. 3. 4. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be compIQte in its entirety, and show complete in$urancecarrier namesas listdd in the current A.M. Best Property & Casualty Guide. The insurers for all policie-s must be licensed and/or approved to do business in the Stat6 of Texas. Except for workers’ compensation, all insurers must have a minimum ratingof A-: VII in the current A' M. Best Key Rating Guide or have reasonably equivaldnt CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 ; n ; r = r n E N+ I --}b;B. DocuSign Envelope ID: 51F58C2D-BE924313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 20 of 65 financial strength and solvency to the satisfaction City. If the rating is below that required, written approval of City is required. 5.All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) infavor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6.Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage or to provide such certificates or other evidence of full compliance with the insurance requirements. 7. 8. If insurance policies are not written for specified coverage limits, an Umbrella or ExcessLiability insurance for any differences is required. Excess Liability shall follow form ofthe primary coverage. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If if City agrees in writing that coverage is underwrittenmay be written on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the Agreement and the certificateof insurance shall state that the coverage is claims- made and the retroactive date. The insurance c6verage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance or for the warranty period provided for under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9.Policies shall have no exclusions by endorsements that either nullify or amend the required lines of coverage, nor or decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Notice of an Award has been issued or the Agreement executed, and the policy exclusions are determined to be unaCceptable or the City desires that the Contractor obtain additi6nal insurance coverage the contract price shall be adjusted by the cost df the premium for such additional coverage plus 10%. 10.For any proposed self-insured retention (SIR),) in excess of $25,000.00, affecting insurance coverage, Contractor must obtain the written approval of the City in regard to asset value and stockholders' equity. In lieu of traditional insurance, proposed alternative coverage maintained through insurance pools or, risk retention groups, or self-funding will also require the written approval of the City. 11. Any deductible in e4cess of $5,000.00, for any poliCy that does not provide coverage on a first-dollar basis must be acceptable to and approved in writing by the City. 12.City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and limits when deemed necessary and prudent by the City based upon the scope of the Work, changes in statutory law, courtdecision or the claimg history of the industry as well as of the contracting party to the City. The City will provide prior notice of 90 days and the insurance adjustments shall be ihcorporated into the Work by Change Order. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-92:P+4E&}ABFA0607 00 72 00GENERAL CONDITIONS Page 21 df 65 13.City shall be entitled, upon written request to Contractor and without expense to City, toreceive copies of policies and endorsements thereto and. City may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be requiredwhere policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs forContractor’s insurance. 6.04 Contractor’s insurance A.Workers Compensation and Employers ’ Liability: Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the TexasWorkers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents,whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any df the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit _acts; 2. claims for damages because of bodily injury, occupational gickness or disease, of death of employees. B.Commercial Generql Liability . Coverage shall include but not be limited to covering liability (bodily injury, including death, or property damage) arising from: premises/operations,independent contractors, products/completed operations, personal injury including death,liability under an instlred contract, and explosion/collapse/underground (wherQ those exposures exist). Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy shall have no exclusions by endorsements that would alter or nullify premis6s/operations, products/completed operations, contractual, personal injury, or advertising injury, that are normally contained with the policy, unless theCity approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the Contractor to maintain completed operations coverage for a miaimum of noless than three (3) yea$ following the completion of thQ project (if identified in the Supplementary Conditions)). C.Automobile Liability. A commercial business auto policy shall provide covdrage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because of bodily injury or death of any person and/or property damage arising outof or related to the WQrk; maintenance or use of any motor vehicle by the Contr4ctar, any CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 22 of 65 Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. Railroad Protective Liability . If any of the Work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. NotifIcation of Policy Cancellation: Contractor shall immediately notify City uponcancellation or other loss of insurance coverage. Contractor shall stop Work until replacement insurance has been procured. There shall be no time credit for delays or days not worked pursuant to this section. D. E. 6.05 Acceptance of Bonds and Insurance; Option to Replace A.If City has any objection to the coverage afforded by or other provisions of the bonds orinsurance required to be purchased and maintained by the Contractor in accordance with Article 6 or the Supplementary C9nditions on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure priorto the start of the Work, or of such failure to maintain prior to any change in the required coverage. Such failure to provide bonds or insurance as required by the Contract Documents is a breach of the terms of the Contract and the . City may terminate the Contractor in accordance with the provisions of the Contract Documents. ARTICLE 7 - CONTRACTOR’S RESPONSIBILITIES 7.01 Contrqctor ’s Means and Methods of Construction A. B. Contractor shall be solelyresponsible for the means, methods, techniques, sequenceg, and procedures of construction. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor’s expense. Such services are not City-delegated professional design services underthis Contract, and neither City nor Engineer has any responsibility with respect to (1 ) Contractor’s determination of the need for such services, (2) the qualifications or licensing of the design prof£ssionals retained or employed by Contractor, (3) thQ performqnce of such services, or (4) any errors, omissions, or defects in such services. 7.02 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work coMpetently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to performthe Work in accordance with the Contract Documents. B. At all times during the progress of the Work, Contractor shall identify and assign a competent superintendent, who is proficient in English, and who shall not be replaced without written CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92-+31:b92344E&IABFA0607 00 72 00GENERAL CONDITIONS Page 23 of 65 notice to City of the name of the replacement superintendent. If at any time the superintendent is not satisfactory to the City, Contractor shall, if requested by City, replace the superintendent with another satisfactory to City. C.Contractor shall notify the City 24 hours prior to moving areas during the sequence ofconstructron. 7.03 Labor ; Working Hours A. B. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. Contractor shall be fully responsible to City for all acts and omissions of Contractor’s employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furrrishing any of the Work, just as Contractor is responsible forContractor’s own acts and omissions. C.Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours on Business Days, Contractor will not permit the performance of Work outside of regular working hours on Business Days without City’s prior written consent (which will not be unreasonably withheld)). Contractor’s written request (by letter or electronic communication) for City’swritten consent must be made as follows: 1. 2. for Work beyond regular working hours on Business Days, request must be made by noon at least two (2) Business Days prior; for Work during Weekend Working Hours, request must be made by noon of the preceding Wednesday; and 3. for Work on state or federal holidays observed by the City, request must be made sufficiently in advance of the holiday, to satisfy requirements for City Council approval. 7.04 Services, Materials, and Equipment A.Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, teIQphone, water, sanitaryfacilities, temporary facilities, and all other facilities and incidentQls necessary for the perfonnance, Contractor required testing, start up, and completion Qf the Work, whether or not such items are specifically called for in the Contract Documents. B.All materials and equipment incorporated into the Work shall be as specified or, if notspecified, shall be of sufficient quality to complete the Work, and must be new and of good quality, except as otherwise provided in the Contract Docunients. All special warranties and guarantees required by the Specifications shall expressly run to thebenefit Qf City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materjals and equipment. C. All materials and equipmeDt to be incorporated into the Work shall be stored, appjied, installed, connected, erQcted, protected, used, cleaned, and conditioned in accordance with CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51 F58C2D-BE924313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 24 of 65 instructions of the applicable Supplier, except as otherwise may be provided in the ContractDocuments. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 7.05 Project Schedule A.Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.06 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to the City for acceptance (to the extent indicated in Paragraph 2.06 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments must comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment request for the duration of the Contract in accordance with the Construction Progress Schedule, General Requirements 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 11. Adjustments in Contract Time may only be made by a Change Order. 7.06 “ Or Equals ” A.Contractor ’s Request ; Governing Criteria'. Whenever an item of equipment or material isspecified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon ConTractor furnishing such item as speQified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading lhat no like, equivalent, or “or equal” item is permitted, Contractor may request that City permit the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below. 1. If City in its sole discretion determines th4t an item of equipment or material proposedby Contractor is functionally eqbal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or equal” item. For the purposes of this Paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if: a.the City determines that: 1) 2) 3) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; it has a proven record of performance and availability of responsive service;and 4) it is not objectionable to City. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTSRevised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE924313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 25 of 65 b. Contractor certifies that, if the proposed item is approved and incorporated into theWork: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) the item will conform substantially to the detailed requirements of the itemnamed in the Contract Documents. B. C. Contractor ’s Expense: Contractor shall provide all data in support of any proposed “or equal”item at Contractor’s expense. City’s Evaluation and Determination I City will be allowed a reasonable time to evaluate each “or-equal” request. City may require Contractor to furnish additional data about the proposed“or-equal“ item. City will be the sole judge of acceptability. No “or-equal” item will be ordered, furnished, installed, or utilized until City’s review is complete and City determines that the proposed item is an “or-equal.” City.” City will advise Contractor in writing of itsdetermination. D. Effect of City’s Determination. Neither approval nor denial of an “or-equal” request will result in any change in Contract Price. The City’s denial of an “or-equal” request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. E. Treatment as a Substitution Request-. If City determin6s that an item of equipment or material proposed by Contractor does not qualify as an “or-equal” item, Contractor- may request that City consider the item a proposed substitution pursuant to Paragraph 7.07. 7.07 Substitutions A.Contractor ’s Request ; Governing Criteria'. Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor (nay request that City permit the use of other items of equipment or material Under the circumstances described below. To the extent possible such requests must be made before commencement of relatedWork at the Site. 1.Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitution therefor. City will not accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor. 2.The requirements for review by City will be as set forth in Paragraph 7.07.B, as supplemented by the Specifications, and as City may decide is appropriate under thecirCumstances. 3.Contractor shall make written application to City for review of a proposed substitute item of equipment or material that Contractor seeks to fr+mish or use. The application shall comply with Seetion 01 25 00 and: a.will Certify that the proposed substitute item will: 1) perfortn adequately the functions and achieve the results called for by the general design; 2) be substantial19 similar in substance to the item specified; and CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 26 of 65 3) be well-suited to the same use as the item specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will adversely impact Contractor’s achievement of Final Acceptance on or before the ContractTime; 2) whether use of the proposed substitute item in the Work will require a changein any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. C.will identify: 1) all variations of the proposed substitute item from the item specified; and 2) available engineering, sales, maintenance, repair, and replacement services. d. will contain an itemized estimate of all costs or credits that will result directlyor indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, casts of redesign, and Damage Claims of other contractors affected by any resulting change. B.City ’s Evaluation and Determination-. City will be allowed a reasonable !ime to evaluate each substitution request. City may require Contractor to furnish additional data about the proposed substitute item. City will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until City’s review is complete and City determines that the proposed item is an acceptable substitution. City’s approval determination will be evidenced by a Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Time. City will advise Contractof in writirig of anydenial determination. C.Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitution. Contractor shall indemnify and hold harmless City and its offIcers, elected and appointed officials,employees, agents, consultants and subcontractors and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses(including attorney’s fees) arising out of or relateds to the use of substituted materials or equipment. D.Reimbursement of City’s Cost'. City will reCord City’s costs in evaluating a substitution proposed or submitted by Contractor. Whether or not City approves a substitute so proposed or submitted by Contractorj Contractor shall reimburse City for evaluating each such proposed substitute. Contractor shall also reimburse City for the charges for making changes in theContract Documents (or in the provisions of any other direct contract with City) resuhingBom the acceptance of each proposed substitute. E.Contractor ’s Expense: Contractor shall provide all data in support of any proposed substitute at ContraQtor’s expense. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92J+313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 27 of 65 F. City Substitution Reimbursement'. Cost savings attributable to acceptance of a substitution shall be paid to City by Contractor by an appropriate Change Order decreasing the ContractPrice G.Effect of City ’s Determination if City approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The City’s denial of a substitution request will be final and binding, and may not be reversed through an appeal underany provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.07.D, by timely submittal of a Change Order. 7.08 Concerning Subcontractors and Suppliers A. B. Contractor shall perform with its own organization, and with the assistance of workmen under its immediate superintendence, work of a value not less than 35% of the Contract Price, unless otherwise approved by the City. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection, except as provided in Paragraph 7.08.C. The Contractor’s retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor’s obligation to City to perform and complete the Work in accordance with the Contract. C. D. E. The City may require the use of specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work , and Will proVide such requirements in the Supplementary Conditions. ContractQr shall provide to City as part of the Bid, the identity of all proposed Subcontractors and Suppliers. Such proposed Subcontractor or Supplier shall be deemed acceptable to City unless City raises a substantive, reasonable objection prior to execution of the Agreement. Contractor shall be fully responsible to City for all pcts and omissions of the SubcOntractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for ContraCtor’s own acts and omissions. Nothing in the Contract: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F.No acceptance by City of any such Subcontractor or Supplier, wh_ether initially or as areplacenlent, will constitute a waiver of the right of City to the coMpletion of the Work in accordance with the Contract Documents, Contract Price and ContractTime. G. Contractor shall be solely responsible for scheduling and coordinating the tasks of Subcontract6rs, Suppliers, and other individuals or entities performing 6r furnishing any ofthe Work under a director indirect contract with Contractor. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-9234.6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 28 of 65 H.All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of City. Contractor must comply with all applicable federal, state, and local laws, statutes, ordinances or regulations, including but not limited to immigration laws, workers compensation laws and wage laws, in the hiring of any Subcontractor or Supplier and shall ensure that each Subcontractor or Supplier has the same objigations. 1.Contractor shall restrict all Subcontractors and Suppliers from communicating with City, except through Contractor or in case of an emergency, or as otherwise expressly allowed inthis Contract. 7.09 Wage Rates A.Duty to pay Prevailing Wage RaMs: The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Denton to be the prevailing wage ratesin accordance with Chapter 2258. The then current prevailing wage rates at the time of execution of the Agreement are included in these Contract Documents. B.Penalty for Violation: A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City$60 for each worker employed for each calendar day or pai of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code Section 2258.023 . C.Complaints of Violations and City Detdrmination of Good Cause: On receipt of information, including a complaint by a worker, concerning an alleged violation of Section 2258.023, TdxasGovernment Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives Ihe information, as to whether good cause existg to believe that the violation occurred. ThQ City shall notify inwriting the Contractor or Subcontractor and any aff6cted worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by theclaimant or claimants as the difference between wages paid and Gages due und6[ theprevailing wage rates, such amounts being retained from successive progress payments pendjng a final determination of the violation. D.Arbitration Required if Violation Not Resolved: An issue relating to an alleged violation6f Section 2258.023, TQxas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the TexasGeneral Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph 7.09.C. If thepersonsrequired to arbitrate under this section do not agree on an arbitrator before the 11 th day after the date that arbitration is required, a district court shall appoint an arbitrator on thepetition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and bindingon all parties and may be enforced in any court of competent jurisdiction. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 29 of 65 E.Records fo be Maintained: The Contractor and each Subcontractor shall, for a period of three (3) years following the date of Final Acceptance, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Workprovided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be available in Denton County, Texas at all reasonable hours for inspection by the City. The provisions of Paragraph 7.23, Right to Audit, shall pertain to this inspection. F.Progress Payments: With each progress payment request or payroll period, whichever is less,the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G.Posting of Wage Rates-. The Contractor shall post prevailing wage rates in a conspicuous placeat the Site at all times. H. Subcontractor Compliance: The Contractor shall include in its subcontracts and/or shallotherwise require all of its Subcontractors to comply with Paragraphs 7.09. A through 7.09.G. 7.10 Patent Fees cmd Royalties A.Contractor shall pay all patent or license fees and royalties and pay all costs incident to the usein the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by other£. If an invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyright$ calling for the payment of any patent or license fee or royalty to others, the existence of such rights will be disclosed in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay said fees or, royalties or costs to others. B.TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS,CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS CITY. AND ITSOFFICERS, ELECTED AND APPOINTED OFFICIALS, DIRECTORS, MEMBERS,PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS OFEACH AND ANY OF THEM, FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES,AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGESOF ENGINEERS, ARCHITECTS , ATTORNEYS, AND OTHER PROFESSIONALS ANDALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS)ARISING OUT OF OR RELATING TO ANY INFRINGEMENT OF PATENT RIGHTSOR COPYRIGHTS INCIDENT TO THE USE IN THE PERFORMANCE OF THE WORKOR RESULTING FROM THE INCORPORATION IN THE WORK OF ANY INVENTION, DESIGN, PROCESS, PRODUCT, OR DEVICE. 7.11 Permits and Utilities A.Contractor obtained permits and licenses . Unless otherwise expressly provided in the ContractDocuments, Contractor shall obtain and pay for all coIlstructionpermits and licenses. City shall provide reasonable assistance to Contractor, ifhecessary, in obtaining such permits and licenses. Contractor shall pa9 all governmental charges and inspectioh fees necessary for the prosecution of the Work applicable at the time the Notice of Award is issued, except for permits provided by the City as specified in Paragraph 7.11.B. City shall pay the charges of utility service providers for connections for providing perman6nt service to the Work. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 30 of 65 B.City obtained permits and licenses . City will obtain and pay for those permits and licenses identified as City’s responsibility in the Supplementary Conditions or Contract Documents. It will be the Contractor’s responsibility to comply with and carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. relating to the changes. The City will not reimburse the Contractor for anycost associated with the requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits 5.Texas Department of Licensing and Regulation (TDLR) Permits C.Outstanding permits and licenses . Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. TheProject Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 7.12 Taxes A.On issuance of a Notice ofAwardby the City, an organization which qualifying for exemption pursuant to Texas Tax Code, Subchapter H (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to hisits Suppljer an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller’s Rulings applicable to Texas Tax Code, Subchapter H. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with all applicable rulings pertaining to the Texas Tax Code, Subchapter H. B.Texas tax permits and information may be obtained from: 1. Comptroller of Public AccountsSales Tax Division Capitol StationAustin, TX 78711; or 2.http://www .window.state.tx.us/taxinfo/taxforms/93-forms.html 7.13 Laws and Regulations A.Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, City shall not be responsible for monitoring Contractor’s compliance with any Laws and Regulations. B.If Contraetor pefforms any Work or takes any other action knowing orhaving reason to know that it is contrary to Laws and Regulations, Conttactor shall be liable for all resulting claims, costs losses, and damages, and shall indemnify and hold harmless City, and its officers, elected CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 -J. DocuSign Envelope ID: 51F58C2D-BE92z1313-92:P14E84ABFA0607 00 72 00GENERAL CONDITIONS Page 3 1 of 65 and appointed officials, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. C.Changes in Laws and Regulations not known at the time Qf the City’s issuance of a Notice of Award having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 7.14 Record Documents A.Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings,Specifications, Addenda, Change Orders, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. Contractor shall include accurate locations for buried and imbedded items. These record documents, together with all approved Samples, will be available to City for reference. Upon completion of the Work, Contractor shall deliver these record documents to City prior to Final Inspection. 7.15 Safety and Protection A.As between City and Contractor, Contractor shall be responsible for the safety of persons and property in the performance of the Work, for initiating, maintaining, and supervising all safety precautions and programs in connection with the Workand fQr compliance with applicable safety Laws and Regulations. B.Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs. Contractor shall inform the City in writing of Contractor’s designated safety representative at the Site. C.Contractor shall take all necessary precautions for the safety of, and shall provide the necessary projection to prevent damage, injUry, or loss to: 1. all persons on the_Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, p4vements, roadways, structures, other work in progress, utilities, and Underground Facilitieg not designated for removal, relocation, or replacement - in the course ofconstructron. D.All damage, injury, or loss to any property referred to in Paragraph 7.1515.C.2 or 7.1515.C.3 caused, directly or indirectly, in whole or in part, by Contraetor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform anyof the Work, or anyone for whose acts any of them may be liable, shall be the responsibility of and remedied by Contractor at its expense. E. Contractor shall comply with all applicable Laws and Regulations relating to the s4fety of persons or property, ort o the protection of persons or property from damage, injury, or loss; CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C;2D-BE92z1313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 32 of 65 and shall implement, erect and maintain all necessary safeguards for such safety and protectIon. F.Contractor shall notify City; the owners of adjacent property; the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor); and other contractors and utility owners performing work at or adjacent to the Site, in writing, whenContractor knows that prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. G H. Contractor shall comply with the applicable requirements of City’s safety programs, if any. Contractor shall inform City in advance in writing of the specific requirements of Contractor’s safety program with which City’s and Engineer’s employees and representatives must complywhile at the Site. 1. J. Contractor’s duties and responsibilities for safety and protection will continue until all the Work is completed and City has issued a Letter of Final Acceptance. Contractor’s duties and responsibilities for safety and protection will resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.16 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of safety d4ta sheets (formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance withLaws and Regulations. 7.17 Emergencies and/or RectifIcation A.In the event of threatened dr actual emQrgencjes affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to immediately act to prevent damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergeacy or are required as a result of Contractor’s response to an emergency. If City determines that a change in the Contract Documents is required because of an emergency or Contractor’s response, a Change Order may be issued. B.Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction nqcessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice thpt such w9rk or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor tb take remedial action to correct the condition. In the event the Contractor does not take proper action within 24 Ir ours to fulfill this written request or fails to show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City resources or by contract. The City shall deduct ah amount equal to the entirecost for such remedial action, plus 25% from any funds due Or to become due theContractor on the Project. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 2D, 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Pa£e 33 of 65 1 .18 Sub7nittals A.Submittal Procedures for Shop Drawings and Samples: Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.03). 1. 2. Contractor shall submit the Submittals in accordance with Section 01 33 00 of the General Requirements. Data shown on the Submittals must be complete with respect to quantities, dimensions,specified performance and design criteria, materials, and similar data to demonstrate to City the services, materials, and equipment Contractor proposes to provide, and to enable City to review the information for the limited purposes required by Paragraph 7.18.C. 3. 4. 5. Submittals reviewed and accepted by City for conformance with the design concept shallbe executed in conformity with the Contract Documents unless otherwise required byCity When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor Rom requirements shown on the Drawingsand Specifications. For-Information-Only submittals upon which the City is not expected to conduct a review or take responsive action may be so identified in the Contract Documents. 6. 7. Contractor shall submit the required number of Sarllples specified in the Specifications. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which it is intended and other data as City may require to enable City to review the Submittal for the limited purposes set forth in Paragraph 7.18.C. B. C. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole risk, expense and responsibility of Contractor. City’s Review 1.City will provide timely review of Submittals in accordance with the accepted Schedule of Submittals. City’s review and acceptance will be to determine if the items covered by the Submittals will, aRer installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2.City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents), or to safety precautions or programs incident thereto. 3. 4. City’s review and acceptance of a separate item as suCh will npt indicate approval of the assembly in which the item functions. City’s review and acceptance of a Submittal will not relieve Contractor from responsibility fQr any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 of the General CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20. 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 34 of 65 Requirements, and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. 5. 6. 7. 8. City’s review and acceptance of a Submittal will not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. City’s review and acceptance of a Submittal, or of a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Time or Contract Price, unless such changes are included in a Change Order. Neither City’s receipt, review, or acceptance of a Submittal will result in such item becoming a Contract Document. Contractor shall perform the Work in compliance with the requirements and commitments set forth in accepted Submittals, subject to the provisions of Section 01 33 00 of the General Requirements. 7.19 Continuing the Work A. Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 7.20 Contractor’s General Warranty and Guarantee A.Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, elected and appointed officials, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee. B.Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, or improper modification, maintenance, or operation, by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2.normal wear and tear under normal usage. C.Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents, or a release of Contractor’s warranty and guarantee under this Paragraph 7.20: 1. 2. 3. 4. 5. Observations by Engineer or City; Recommendation by Engineer or payment by City of any progress or final payment; The issuance of a letter or certificate of Final Acceptance by City or any payment related thereto by City; Use or occupancy of the Work or any part thereof by City; Any review and acceptance of a Submittal by City; CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 35 of 65 6. Any inspection, test, or acceptance by others; or 7. Any correction of defective Work by City. D.The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified. Contractor shall furnish a good and sufficient maintenance bond, complying with the requirements of Paragraph 6.02.B. The City will give notice of observed defects with reasonable promptness. 7.21 Indemnifrcation A.CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLDlIARNIT ,ESS, AND DEFEND, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS,ELECTED AND APPOINTED OFFICIALS, EMPLOYEES, AGENTS,CONSULTANTS AND SUBCONTRACTORS AND ANYONE DIRECTLY ORINDIRECTLY EMPLOYED BY THEM , FROM AND AGAINST ANY AND ALLCLAIMS FOR PERSONAL OR BODILY INJURY OR DEATH, ARISING OUT OFOR RELATED TO, OR ALLEGED TO ARISE our OF OR BE RELATED TO, THEWORK AND SERVICES TO BE PERFORMED BY THE CONTRACTOR, ITSOFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES ORINVITEES UNDER THESE CONTRACT DOCUMENTS. THIS INDEMNIFICATIONPROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVEEVEN IF rr IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGESBEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART. BY ANY ACT.OMISSION OR NEGLIGENCE OF THE CITY. OR ITS OFFICERS, ELECTED ORAPPOiNTED OFFICIALS. EMPLOYEES. AGENTS. CONSULTANTS ORSUBCONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BYTHEM. THIS INDEMNITY PROVISION IS INTENDED TO INCLUDE. WITHOUTLIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEESINCURRED IN DEFENDING AGAINST SUCH CLAIMS AND CAUSES OFACTIONS B.CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY AND HOLDHARMLESS, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS, ELECTED ANDAPPOINTED OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS ANDSUBCONTRACTORS AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYEDBY THEM FROM AND AGAINST ANY AND ALL LOSS, DAMAGE ORDESTRUCTION OF PROPERTY OF THE CITY, ARISING OUT OF OR RELATEDTO, OR ALLEGED TO ARISE OUT OF OR BE RELATED TO, THE WORK ANDSERVICES TO BE PERFORMED BY THE CONTRACTOR, ITS OFFICERS,AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEESUNDER THIS CONTRACT. THIS INDEMNIFICATION PROVISION ISSPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT ISALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION ORNEGLIGENCE OF THE CITY OR ITS OFFICERS. ELECTED OR APPOINTEDOFFICIALS. EMPLOYEES. AGENTS. CONSULTANTS OR SUBCONTRACTORSOR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTSRevised November 20. 2020 DocuSign Envelope tD: 51F58C2D-BE924313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 36 of 65 7.22 Delegation of Professional Design Services A.Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless suchservices are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B.If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C. D. If a Submittal related to the requirements indicated in Paragraph 7.22.B is prepared by Contractor, a Subcontractor, or others for submittal to City, then such Submittal must bear the written approval of Contractor’s design professional when submitted by Contractor to City. City shall be entitled to rely upont he adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under the conditions indicated in Paragraph 7.22.B, subject to the professional standard of care and the performance and design criteria stated in the ContractDocuments. E.Pursuant to this Paragraph 7.22, City’s review, acceptance, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to the conditions indicated in Paragraph 7.22.B, will be only for the fQllowing limited purposes : 1. 2. 3. Checking for conformance with the requirements of this Paragraph 7.22; Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents. 7.23 Right to Audit A.The City shall have the right to audit and make copies of the books, records and computationspertaining to the Contract. The Contractor shall retain such books, records, documents and 9ther evidence pettaining to the Contract during the term of the Contract and for five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be made available, in Denton County, Texas within ten(10) Business Days of City’s written request. Farther, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to thosedocuments. All books and records will be made available within Denton County, Texas. Except as otherwise provided herein, the cost of the audit will be borne by the City CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE924313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 37 of 65 unless the audit reveals an overpayment of 1% or greater. If the City is undertaking an audit or inspection pursuant to Paragraph 7.09 or if an overpayment of 1% or greater occurs, the City’s reasonable cost of the audit, including any travel costs, must be paid by the Contractor within five (5) Business Days of receipt of City’s invoice for such costs. B.Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of theterms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 7.24 Nondiscrimination A.The City is responsible for operating Public Transportation Programs and implementing transit-related projects, funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (TTA), without discriminating against any person in the United States on the basis of race, color, or national orlgln B.Contractor shall comply with the requirements at Title PZ Civil Rights Act of 1964 as amended and the regulations promulgated thereunder, as may be further defined in the SupplementaryConditions, for any project receiving Federal assistance. ARTICLE 8 - OTHER WORK AT THE SITE 8.01 Other Work A.In addition to and apart from the Work under the Contract Documents, the City may perform other work at or adjacent to the Site. Such other work may be performed by City’s employees, or through contracts between the City and third parties. City may also arrange to have third- party utility owners perform work on their utilities and facilities at or adjacent to the Site. B.If City performs other work at or adjacent to the Site with City’s employees, or through contracts for such other work, then City shall give Contractor written notice thereof prior tostarting any such other work, if such other work is not noted in the Contract Documents. C.Contractor shall afford proper and safe access to the Site to each contractor that performs suchother work, each utility owner performing other work, and City, if City is performing other work with City’s employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. D.Contractor shall do all cutjing, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the writt9n consent of City and the others whose work will be affected. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others, CQntractor shall inspect such other work and promptiy report tQ City inwriting any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper qxecution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised -November 20, 2020 E. DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 38 of 65 Contractor’s Work except for latent defects and deficiencies in such other work that could not have been discovered through a proper inspection. F. The provisions of this Article 8 are not applicable to work that is performed by third-party utilities or other third-party entities without a contract with City, or that is performed withouthaving been arranged by City. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.03.D.3. 8.02 Coordination A.If City intends to contract with others for the performance of other work at or adjacent to theSite, to perform other work at or adjacent to the Site with City’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such otherwork 1. 2. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; An itemization of the speQific matters to be covered by such authority and responsibility;and 3. The extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for suchcoordination. 8.03 Legal Relationships A.Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of City, any other contractor, or any utility owner performing other work at or adjacent to the Site. 1. When City is performing other work at or adjacent to the Site with City’s employees, Contractor shall be liable to City for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by City as a result of Contractor’s failure to take reasonable and customary measures with respect to City’s other work. B.If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any Damage Claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at oradjacent to the Site is made by any such other contractor or utility owner against Contractor, City, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify, defend and hold harmless City and Engineer, and the officerg, elected and appointed officials, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 39 of 65 ARTICLE 9 - CITY’S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in the Supplementary Conditions, City shall issue allcommunications to Contractor. 9.02 9.03 Furnish Data A.City shall promptly furnish the data required of City under the Contract Documents. Pay When Due A. City shall make payments to Contractor when they are due in accordance with and subject tothe provisions of Article 14. 9.04 Lands and Easements; Reports, Tests, and Drawings A.City’s duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Article 5 refers to City’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 9.05 9.06 Change Orders A.City’s responsibilities withrespect to Change O{ders are set forth in Article 11. Inspections, Tests, and Approvals A. City’s responsibility with respect to certain inspections, tests, and approvals is set forth inParagraph 13.02 .DD. 9.07 Limitations on City’s Responsibilities A.The City shall not supervise, direct, or have control or authority over, nor be re$ponsible for, Contractor’s means, methods, techniques, sequences, or proc6dures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to complywith Laws and Regulations applicable to the perfortnance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the ContractDocuments. 9.08 Undisclosed Hazardous Environmental Condition A. City’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.09 Compliance with Safety Program A. While at the Site, City’s employees and representatives shall comply .with the specific applicable requirements of Contractor’s safety programs of which City has been informed in advance in writing pursuant to Paragraph 7. 15. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE9221313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 40 of 65 ARTICLE 10 - CITY'S OBSERVATION DURING CONSTRUCTION 10.01 City’s Project Manager or Duty Authorized Representative A. City will provide a Project Manager or duly authorized representative during the constructionperiod. The duties and responsibilities and the limitations of authority of City’s Project Manager or duly appointed reprQsentative during construction are set forth in the ContractDocuments. B. City’s Project Manager for these Contract Documents is as set forth in the Supplementary Conditions. City will establish a duly authorized representative at the Preconstruction Meetingin accordance with Section 01 31 19 of the General Requirements. 10.02 Visits to Site A.City will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City will determine, in general, if the Work is proceeding inaccordance with the Contract Documents. City will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B.City’s visits and observations are subject to all the limitations on City’s responsibility set forthin Paragraph 99.07. Particularly, but without limitation, during or as a result of City’s visits or observations of Contractor’s Work, City will not supervise, direct, contfol, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regujations applicable to the performance of the Work. 10.03 Determinations for Work Performed A. As applicable, Contractor will determine the actual quantities and classifications of Work performed.. City’s Project Manager or duly authorized representative will review withCohtractor the preliminary determinations on such matters before rendering a writtenrecommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 10.04 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the intefpreter of the requirements of the Contract Documents and judge the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City’s written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 11.07. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTSRevised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92-+313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 41 of 65 ARTICLE 11 – CHANGES ININ THE WORK; CLAIMS; EXTRA WORK 11.01 Amending and Supplementing the Contract A. B. The Contract may be amended toto provide for additions, deletions, and revisions in the Workor to modify the terms and conditions thereof, including in the Contract Price or Contract Time, but such amendment will be made by Change Order only. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may beauthorized, by one of the following ways: 1. A Field Order; or 2. City’s review of a Submittal (subject to the provisions of Paragraph 7.18.C); or 3. City’s written interpretation or clarification. 11.02 Execution of Change Orders A.City and Contractor shall execute appropriate Change Orders covering: 1. 2. Changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed.. Changes in the Work which are: (a) ordered by City pursuant to Paragraph 11.04,(b) required because of City’s acceptance of defective Work under Paragraph 13.05 or City’s correction of defective Work under Paragraph 13.08, or (c) as otherwise agreed to by the parties. 11.03 Field Orders A.City may authorize minor variations and deviations in changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on both the City and Contractor, which shall perform the Work involved promptly. 11.04 Authorized Changes in the Work – Extra Work A.Without invalidating the Contract and without notice to any surety, City may, at any time or from tirIre to time, order Extra Work. Upon notice of such Extra Work,' Contractor shall proceed with the Work involved only upon receivingwritten notice from City. Extra Workwill be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra Work. B. For minor chafrges of Work not requiring changes toContract Time or Contract Price, a Field Order may be issued by City. - 11.05 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of -the Contract Time with respect to any work performed that is not required by the Contract CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 -V}:) DocuSign Envelope ID: 51F58C2D-BE9221313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 42 of 65 Documents, as amended, modified, or supplemented as allowed herein, except in certain cases of an emergency as provided in Paragraph 7.17. A. 11.06 Dispute of Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment for such Extra Work, and the City requires its performance, the Contractor shall proceed with the Extra Work after making written request for a Change Order and shall keepaccurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 11.07. B. C The Contractor shall furnish the City such records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual work performed. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be the full, compleje and final payment for all charges, fees and costs Contractor incurs as a result of or relating to the Extra Work, whether said charges, fees or costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any charges, fees or costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the Extra Work. 11.07 Contract Claims Process A.City ’s Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.08, shall be referred td the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of stlch ContractClaims B.Notice'. 1.Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making theContract Claim. 2.Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City no later than 45 days after the sjart of the event giving rise thereto (unless the City notifies Contractor in Writing thaI City will allow additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. 4. 5. A Contract Claim for an adjustment ii Contract Price shallbe prepared in accordance with !he provisions of Paragraph 11.08. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 11.09. Each Contract Claim shall be accompanied by Contractor’s written statement that the adjustment claimed is the ehtire adjustment to which the Contractor believes it is entitledas a result of said event. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTSRevised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92dj31 :b92344E&+ABFA0607 00 72 00GENERAL CONDITIONS Page 43 of 65 6. The City shall submit any response to the Contractor within 30 days after receipt of theContractor’s last submittal (unless in connection with the Contract Claim (unless Contractor allows the City additional time to submit a response). C.City ’s Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor unless action by City’s Council is required, take one of the following actions in writing: 1. 2. 3. deny the Contract Claim in whole or in part; approve the Contract Claim; or notify the Contractor that the City is unable to resolve the Contract Claim if, in the City’s sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. D.City’s written action under this Paragraph 11.07 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days ofsuch action or denial. E. F. 'No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 11.07. If the City fails to take any action pursuant to this Paragraph 11.07, the Contract Claim is considered to have been denied by the City. 11.08 Change of eontract Price A. B. The Contract Price may only be changed by a Change Order. TheThe value of any Work covered by a Change Order will be determined as follows: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 12.03); 2.Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum or unit price (which may include anallowance for overhead and profit not necessarily in accordance withParagraph 11.08.C.2), and shall include the cost of any secondary impacts that are forQseeable at the time of pricing the cost ofExtraWork; or 3.Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum or unit price, then on the basis of the Cost of the Work (determined as provided in Paragraph 12.01)plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.08.C). C.Contractor ’s Fee'. The Contractor’s fee for overhead and profit will be dete{mined as follows: 1. A mutually acceptable fixed fee; or 2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20. 2020 DocuSign Envelope ID: 51F58C2D-BE924313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 44 of 65 a.For costs incurred under Paragraphs 12.01.B.1, 12.01.B.2, and 12.01.B.3, the Contractor’s fee will be 15 percent except for: 1) rental fees for Contractor’s own equipment; and 2) bonds and insurance; b.For costs incurred under Paragraph 12.01.B.4, the Contractor’s fee will be 5 percent; 1)Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.08.C.2.a and 11.08.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15percent of the costs incurred under Paragraphs 12.01.B.1, 12.01.B.2, and 12.01.B.3 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher thai that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to thenext loWer tier Subcontractor; provided, however, in no case shall the cumulative total of fees paid be in excess of 25% of the Cost of the Work; c. No fee will be payable on the basis of costs itemized under Paragraphs 12.01.B.5, 12.01.B.6, and 12.01.C; d. The amount of credit to be allowed by Contractor to City for any change whichresults in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and 11.09 Change of Contract Time A. B. The Contract Time may only be changed by a Change Order. No extension of the Contract Time wiil be allowed under a Change Order for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can sh6w by critical path method analysis how the Extra Work or claimed delay adversely affects the critical path. C.Delay, disruption, and interference in the Work, and any related changes in Contract Time, are addressed in and governed by Paragraph 4.03. 11.10 NotifIcation to Surety A.If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the pr6visions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving Qf any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92431 :b9234qE84ABFA06C>7 00 72 00GENERAL CONDITIONS Page 45 of 65 ARTICLE 12 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTrrYMEASUREMENT 12.01 Cost of the Work A. Purposes for Determination of Cost of the Work The term “Cost of the Work” means the sumof all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 12.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or 2. When needed to determine the value of a Change Order. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B.Costs Included-. The term, “Cost of the Work” means the sum of all costs, except those excluded in Paragraph 12.01.C, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work is covered by a Change Order, the costs reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall be in amounts no higher than those calculated based on the prevailing wage rates contained in the Contract Documents, shall not include any of the costs itemized in Paragraph 12.01.C, and may include as applicable, but not be limited to the following items: 1.Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full tiMe on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs shall include, salaries and wages plus the cost of fringe benefits, which include social sect+rity contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of perforfning Work outside of regular working hours on Business Days, during Weekend Working Hours, or on a state or federal holiday observed by the City, shall be included in the above to the extent authori4ed by City. 2.Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and SupPliers’ field services required inconneCtion therewith. 3.Rentals of all construction equipment and machinery and the parts thereof, whether rented from COntractor or others, in accordance with rental agreements approved in writing by City, and the costs of transportation, loading, unloading, assembly, dismantling, andremoval thereof. All such costs shall be in accordance with the terms of said rental agreembnts. and theContract Documents. The rental of any such eqiipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20. 2020 i : DocuSign Envelope ID: 51F58C2D-BE9221313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 46 of 65 4.Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City . Contractor shall deliver such bids to City, which will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of theWork and fee will be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 12.01 and Paragraph 11.08.C. 5.Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work and specifically included in the agreed upon schedule of job classifications referred to in Paragraph 12.01.B.1 or otherwise specifically includedin the Contract. 6.Supplemental costs consisting of the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, and temporary office or facilities at the Site, which are consumed in the performance of the Work, and cost, less Market value, of such items used but not consumed which remain the property of Contractor. C. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations, excluding those taxes for which an exemption is available as ddscribed in Paragraph 7.12. Deposits lost for causes other than the negligence or willful misconduct of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. Losses and damages (4nd related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted fromcauses other than the negligence or willful misconduct of Contractor, any Subcontractor, or anyone directly or indirectly employed by 4ny of them or for whose acts any 6f them may be liable. Such losses include settlements mad6 with the written consent and approval ofCityCity. No such losses, damages, and expenses will be included in the Cost of the Work for the purpose of determinirig Contractor’s fee e. f. g. h. The cost of utilities, fuel, and sanitary facilities at the Site. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C.Costs Excluded'. The term Cost of the Work does not include any of the following items: CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTSRevised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 47 of 65 1.Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 12.01.B.1 or otherwise specifically covered in the Contract. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee. 2.Expenses of Contractor’s principal and branch offices other than Contractor’s office atthe Site 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4.Costs due to the acts, omissions, negligence or willfUI misconduct of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5.Other overhead or general expense costs of any kind. D.Contractor’s Fee 1.When the Work as a whole is performed on the basis of cost-plus-a-fee, then: a. Contractor’s fee for the Work set forth in the Contract Docurrrents as of the Effective Date of the Agreement will be determined as set forth in the Contract. b. for any Work covered by a Change Order for an adjustment in Contract Price on thebasis of Cost of the Work. Contractor’s fee will be determined as set forthin Paragraph 11.08.C. -2. When the Work as a whole is pqformed on the basis of a stipUlated sum, or any other basis other than cost-plus-a-fee, then Contractor’s fee for any Work covered by a Change Order for an adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.08.C.2. E.Documehtation and Audit: Whenever the CQst of the Work for any purpose is to be determined pursuant to this Article 12, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices, and submit in a form acceptable to City an itemized cost breakdown together with supporting data. Subject to prior written notice, City will be afforded reasonable access, during nofmal business hours, to all Contractor’s accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor’s fee. Contractor shall preserve all such documents for a petiodof three years after the final payment by City. Contractor will be responsible for ensuring that pertinent Subcontractors will afford such access to City, and preserve such documents, to the same extent as is required ofContractor. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE9221313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 48 of 65 12.02 Allowances A. B. SpecifIed Allowance: it is understood that Contractor has included in the Contract Price allallowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. Cash Allowances: Contractor agrees that: 1. 2. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances, have been included in the Contract Price and not in the allowances, and no demand for additional payment for any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor for Work covered by allowances, and the Contract Price will be correspondingly adjusted. 12.03 Unit Price Work A.Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unjt Price Work multiplied by the estjmated quantity of each item as indicated in the Agreement. B.The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose df comparison of Bids and determining an initial Contract Ptice. Determinatio4s of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisiQns of Paragraph 10.03. C.Each unit price will be deemed to includean amount Qonsidered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonqbly inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidentalto Unit Price Work listed and the cost ofincidental work included as part of the unit price. D.Adjustments in ContraCt Price 1. City may make an adjustment in the Contract PricQ in accOrdance with Paragraph 11.08if a. Ihc quantity of the item of Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement;and b.there is no corresponding adjustment with respect to any other item of Work. 2.Adjusted unit prices will apply to all _units of that item. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 49 of 65 E.Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 11.04. 1. If the changes in quantities or the alterations do not significantly change the character of the Work under the Contract Documents, the altered Work will be paid for at the Contract unIt prrce. 2. 3. If the changes in quantities or alterations materially and significantly change the character of the Work, the Contract will be amended by a Change Order. If no unit prices exist, thisany increase or decrease in quantities will be considered ExtraWork and the Contract will be amended by a Change Order in accordance with Article 11 4. A significant change in the character of Work occurs when: a. the character of work for any Item as altered differs materially or significantly in kind or nature from that in the Contract; or b.a Major Item of work varies by more than 25% from the original Contract quantity. 5.When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than75% of the original quantity stated in the Contract; then either party to the Contract may request an adjustment to the unit price. 12.04 Plans Quantity Measurement for UnclassifIed Excavation or Embankment A. B. Plans quantities may or may not represent the exact quantity of Work performed or material moved, handled, or placed during the term of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised in accordance with the Contract. If the total actual quantity measured for an individual item varies by more than 25% (or as stipulated under “Price and Payment Procedures” forspecific Items) from the total egtimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized Work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 11. C.When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the planSquantity will be increased or decreased by the amount identified in the approved change, and the 25% variance provisions of Paragraph 12.04.B will apply to the new plans quantity. D.If the total Contract quantity multiplied b9 the unit pricebid for an indiVidual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the fjnal quantity as a plans quantrty. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92Jj313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 50 of 65 E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPrANCE OFDEFECTIVE WORK 13.01 Access fo Work A.City and its Engineer, consultants, representatives, employees, and independent testing laboratories, and authorities having jurisdiction shall have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply with such procedures and programs as applicable. 13.02 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests and shall cooperate with inspection and testing personnel to facilitate required inspeQtions and tests. B.If the Contract Documents or any Laws and Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved, Contractor shall assume full responsibility foi arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection, testing or approval, except that those fees specifically identified in the Supplement,ny Conditions or any Texas Department of Licensure and Regulation (TDLR) inspection$, which shall will be paid as described in the Supplementary Conditions. C.Contractor shall be responsible for arranging, obtaining, and paying for all inspections, tests, re-tests, and approvals required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to City; 2.to attain City’s acceptance of materials or equipment to be incorporated in the Work; 3.by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation jn the Work. Such inspections and tests will be perfOrmed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to City. D.City may arrange for the services of pn independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely byCity 1 City will coordinate such Testing to the extent possible, with Contractor; CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-9234qEWIABFA0607 00 72 00GENERAL CONDITIONS Page 51 of 65 2. Should any Testing under this Section 13.03.D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 3. 4. Any amounts owed for any retest under this Section 13.02.D shall be paid directly to the Testing Lab by Contractor. Cityw ill forward all invoices for retests to Contractor. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. F. If the Contract Documents require the Work (or part thereof) to be approved by City or another designated individual or entity, then Contractor shall assume full responsibility for seeking and obtaining such approvals. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without the written approval of City, Contractor shall, if requested by City, uncoversuch Work for observation. Such uncovering and the recovering of such Work will be at Contractor’s expense. 13.03 Defective Work A. Contractor’s Obligation'. It is Contractor’s obligation to assure that the Work is not defective. B. City’s Authority'. City has the authority to determine whether Work is defective, and to rejectdefective Work. C. D. Notice of Defects I Written notice of all defective Work of which City has actual knowledge will be given to Contractor. Correction, or Removal and Replacement. Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or -completed, or, if City has rejected the defective W6rk, shall remove the defective Work from the Project and replace it with wark that is not defective. Failure to require the removal of any defective Work shall not constitute acceptance of such Work. E. F. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair City’s warranty and guarantee, if any, on said Work. Costs and Damages: in addition to its correction, removal, and replacement Qbligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction; remoVal, replacement, or reconstruction of such defective Work, fines levied against Contractor or City by governmental authorities because the Work is defective, and the costs of repair, replacement or reconstruction of work of others resulting fromdefective Work. 13.04 Rejectjng Defective Work A. City will have authority to reject Work which City believes to be defective or will not produce a corfrpleted Project that conforms to the Contract Documents dr tha_t will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct -spqcial inspection or testing CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20. 2020 FI DocuSign Envelope ID: 51F58C2D-BE92z1313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 52 of 65 of the Work as provided in this Article 13, whether or not the Work is fabricated, installed, or completed. 13.05 Acceptance of Defective Work A.If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, att9rneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to City’s evaluation of and determination to accept such defective Work, and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs priorto Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of the Work so accepted. 13.06 Uncovering Work A. B. C. City has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. If any Work is covered contrary to the Contract Documents or specific instructions of City and if requested by City, Contractor shall uncover such Work for City’s observation, inspection or testing and then replace the covering, all at Contractor’s expense. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, then Contractor, at City’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1.If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages (inQluding but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or dispute re§olution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others). City shall be entitled to accept defective Work in accordance with Paragraph 13.05 and in such case Contractor shall still be responsible for all costs associated with exposing, observing, and testing defectiveWork 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an extension of the Contract Time to the extent directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.07 City May Stop the Work A.If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitablematerials or equipment, or Contractor fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then City may order Contractor to stop the Work, or any portion thereof, until the cauge for such order has been corrected oreliminated; however, this right of City to atop the Work will not give rise to any duty on the part of City to exercise this right for thi benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any gurety for, or any 9mployee or agent of, any of them. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92dj313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 53 of 65 13.08 City May Correct Defective Work A.If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace defective Work as required by City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then City may, after providing 7 days’ advance written notice to Conjractor, correct or remedy any such deficiency. B.In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow CityCity, City’s representatives, agents and employees, and City’s other contractors access to the Site to enable City to exercise the rights and remedies under this Paragraph 13.08. C.All claims, costs, losses, and damages (including but not limited to all fees and chargQS of engineers, architects, attorneys, and other professionals and all court, or arbitration or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.08 will be the responsibility of and will be charged against Contractor. A Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and damages will include, but not be limited to, all costs of repair or replacement of work of others destroyed or damaged by correction,removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the ContraCt Time because of any delay in the performance of the Work attributable to the exercise by City of City’s rights and remedies under this Paragraph 13.08. ARTICLE 14 - PAYMENTS TO CONTRACTOR; COMPLETION; CORRECTION PERIOD 14.01 Progress Payments A.Basis for Progress Payments: The Schedule of Values established as provided ih Paragraph 2.03 will serve as the basis for progregs payments and will be incorporated into a form ofApplication for Payment acceptable to City. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 12.03. Progress payments for cost-b4sed Work will be based on Costof the Work completed by Contractor during the pay period. B.Applications for Payments 1. Contractor is responsible for providing all information as required to become a vendor ofthe City. 2.At least 20 days before the date e£tablished in the Gpneral Requiremqnts for each progress payment (but not more often than once a month), Contractor shall submit to City for review an Application for Payalent filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20. 2020 aS DocuSign Envelope ID: 51F58C2D-BE924313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 54 of 65 3.If payment is requested on the basis of materials and equipment not incorporated in theWork but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment must also be accompanied by: (a) bill of sale, invoice, or purchase order payments, copies of cancelled checks or other documentation establishing full payment by Contractor for the materials and equipment; (b) at City’s request, documentation warranting that City has received the materials and equipment free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property insurance, or other arrangements to protect City’s interest therein,all of which must be satisfactory to City. 4.Beginning with the second Application for Payment, each Application must include an affidavit of Contractor stating that all previous progress payments received on account of the Work by Contractor have been applied to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 5.The amount of retainage with respect to progress payments will be as stipulated in theContract Documents. C.Review ofApplications 1.City will, after receipt of each Application for Payment, either indicate in writing it will proceed to process the Application for Payment or return the APplication to Conjractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2.City’s processing of any payment requested in an Application for Payment will be based on City’s observations of the executed Work, and on City’s review of the Application for Payment and the accompanying data and schedules, that based City’s actual knowledge: a.the Work has progressed to the point indicated; and b.the quality and/or quantity of the Work is generally in accordance with the Contract Documents (subject to any subsequent evaluations of the Work, an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the resultsof any subsequent tests or inspections called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraphs 10.05 and 12.03, and any other qualifications stated). 3.Processing any such payment will n6t thereby be deemed to have represented that: a. b. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work; or there are no other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor; or c. Contractor hashas complied with Laws and Regulations applicable to Contractor’s performance oft he Work. 4.City may refuse to process or pay the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests,and CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92dj313-92:P14E84ABFA0607 00 72 00GENERAL CONDITIONS Page 55 of 65 may revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. b. C. d. e. f. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; there are discrepancies in quantities contained in previous applications for payment; the Contract Price has been reduced by Change Orders; City has been required to correct defective Work in accordance with Paragraph 1313.08, or has accepted defective Work pursuant to Paragraph 13.05; City has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02. A that would constitute a default by Contractor and therefore justifytermination for cause under the Contract Documents. D. E. Retainage: 1.For all contracts, retainage shall be five percent (5%). Liquidated Damages: For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement will be paid by the Contractor to thQ City, not as a penalty, but as liquidated damages suffered by the City. If feasible, the parties may agree to have the liquidated damages deducted from any amounts owned to Contractor by City instead of being paid directly to City by Contractor. F.Payment. Contractor will be paid pursuant to the requirements of this Article 14 and paymentwill become due in accordance with the Contract Documents. G.Reduction in Payment 1.City may refuse to make payment of the of the amount requested because: a.Claims have been made against City based on Contractor’s performance or furnishing of the Work, or City has incurred Costs, losses, or damages resulting fromContractor’s performance or furnishing of the Work, including but not limited toclaims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, or patent infringement; b. C. d. e. f Contractor bas failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; Contractor has failed to provide and maintain required bonds or insurance; City has been required to retnove or rQmediate a Hazardous Environmental Condition for which Contractor is responsible; City has incurred extra charges or engineering costs related to submittal reviews,evaluations of proposed substitutes, testS and inspections, or return visits to manufacturing or assembly facilities; The Work is defective, requiring correction or replacement; CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20. 2020 DocuSign Envelope ID: 51F58C2D-BE9221313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 56 of 65 g. h. 1. J. k. City has been required to correct defective Work in accordance with Paragraph 13.08, or has accepted defective Work pursuant to Paragraph 13.05 ; The Contract Price has been reduced by Change Orders; An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause; Liquidated or other damages have accrued as a result of Contractor’s failure to achieve Milestones or Final Acceptance of the Work; Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; 1.Other items entitle City to a set-off against the payment amount requested; or m. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02. 2.If City refuses to make payment of the amount req\rested, City will give Contractor written notice stating the reasons for such action and promptly pay Contractor any amountremaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, withina reasonable time after Contractor remedies the reasons for such action to the satisfaction of City and City has confirmed such action. 14.02 Contractor ’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and eqaipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later thant he time of payment free and clear of all Liens. 14.03 Partial Utilization A.Prior to Final Acceptanceof all the Work, City may use or occupy any substantially corfrpleted part oft he Work which has specifically been identified in the Contract Documents, or which City determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writingto of any such part of the Work which City determines to be ready for its in}ended use. In addition, City may request in writing that Contractor permit City to use or occupy any such part of the Work that City believes to be substantially complete, subject to the followingconditions: 1. 2. At any time, Contractor may notify City that Contractor considers any such part of theWork ready for its intended use. Within a reasonable time after notification as enumerated in Paragraph 14.03, City and Contracjor shall make an inspection of that part of the Work to detQrmine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3.Partial Utilization byCity will not constitute Final Acceptance by City. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58c2D-BE9221313-92:B+4E&nBFA0607 00 72 00GENERAL CONDITIONS Page 57 of 65 14.04 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with theContract Documents: 1. 2. City will promptly schedule a Final Inspection with Contractor. City will notify Contractor in writing of all particulars in which thjs inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. City reserves the right to deny request for Final Inspection if City determines that the entire Work is not sufficiently complete to warrant a Final Inspection. 14.05 Final Acceptance A.Upon completion by Contractor to City’s satisfaction, of any and all Work in accordance with the Contract Documents, including any corrections or additional Work identified in the Final Inspection and delivery of all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurances, certificates of inspection, annotated record documents and other required documents in accordance with the Contract Documents, City will issue to Contractor a letter of Final Acceptance. 14.06 Final Payment A. Application for Payment 1. Upon receipt of a letter of Final Acceptance from City, Contractor may make application for Final Payment following the procedures for requesting payments in accordance withthe Contract Documents. 2.The final Application for Paym9nt must be accompanied (except as previously delivered) by a. b. C. d. all documentation called for in the Contract Documents, includihg but not limited to the evidQnce of insurance required by Paragraph 6.03; consent of the surety, if any, to final payment; satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to City free and clear of any Liens or other title defQcts orw ill so pas§ upon final payment. a list of all Contract Claims or Damage Claims against City that Contractor believes are unsettled; and e. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of the Work, and of Liens filed inconnection with the Work. B. Payment Becomes Due: Tha final payment requested by Contractor, less previous payments made and less any sum to which City is entitled, including but not limited to liquidated damages, will become due and payable: 1. After City’s acceptance of the . Application for Payment and accompanyingdocufnentation; and CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20. 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 58 of 65 2.After all Damage Claims have been resolved: a. directly by the Contractor; or b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract that continue thereafter. 14.07 Final Completion Delayed and Partial Retainage Release A.If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor’s final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.01.D, and if bonds have been furnished as required in Paragraph 6.02, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shQll be made under the terms andconditions governing final payment, except that it shall not constitute a waiver of ContractClaims B.Partial Retainage Release . If the Contract provides for separate establishment and maintenance periods and/or test and performance periods following the completion of all otherconstruction in the Contract Documents for all Wotk locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.08 Wang of Claims A. The acceptance if final payment will constitute a waiver and release by Contractor of all claims, rights, causes of action, or liabilities, including Contract Claims, against City arising out of, related to or under the Contract or for any act, omission or neglect of City. 14.09 Correction Period A.If within two (2) years after the date of Final Acceptance (or such longer peri9d of time as may be prescribed by the Contract Documents) any Work has been found to be defective, or Contractor’s repair of any damages to the Site, adjacent areas, or areas made available for Contractor’s use by City has been found to be defective, then after receipt of City’s written notice of defect, Contractor shall promptly, withou! cost to City and in accordance with City’s WIItten rnstructlons : 1. 2. 3. correct the defective repairs to the Site or such adjacent areas, or areas made available for Contractor’s use by City; correct such defective Work; remove the defeCtive Work from the Project and +eplace it with Work that is nat defective, if the defective Work has been rejected by City, and CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised Not,ember 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 59 of 65 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures. B.If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced.Contractor shall pay all costs, losses, and damages (including but not limijed to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or suchremoval and replacement (including but not limited to all costs of repair or replacement ofwork of others). C. D. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. Where defective Work (and damage to other Work resulting thereRom) has been corrected, repaired or removed and replaced under this Paragraph 14.09, the correction period hereunder with respect to such Work may be extended for an additional period of one year after the end of the initial correction period. E.Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this Paragraph 14.09 are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A.At any time and without cause, City may suspend the Work or any portion thereof by writtennotice to Contractor. City may fix the date on which Work will be resumed in such notice, and Contractor shall resume the Work on the date so fixed. During a temporary guspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payMent for stand-by time of construction equipment and/or construction crews. B.Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the ContraQtor and City that a Solution to al19w construction to proceed is not available within a reasonable period- of time, Contractor may request an extensi9n in Contract Time, directly 4ttributable to any such suspension. C.If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecess©ily nor become damaged in any way; Contractor shall take every precaution to prevent damage or deterioration of the workperformed; and Contractor shall provide suitable drainage about the wark, and erect temporary structures where necessary. D.Contractor may be reimbursed for the cost of moving its equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may beresumed. Such reimbursement shall be based on actual cost to the Contractor of moving the CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20. 2020 DocuSign Envelope ID: 51F58C2D-BE9221313.9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 60 of 65 equipment and no profit or overhead will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: 1.Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Project Schedule established under Paragraph 2.06 as adjusted hom time to time pursuant to Paragraph 7.05); 2.Failure of Contractor to perform or otherwise to comply with a material term of the Contract; or 3. Contractor’s disregard of Laws and Regulations of any public body having jurisdiction;or 4. 5. 6. 7. Contractor’s repeated disregard of the authority of City; or Contractor’s failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or Substantial indication that the Contractor has made an unauth6rized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or Substantial indication that the Contractor has become insolvent or bankrupt, or otherwise financially unable to perform the Work satisfactorily; or 8.Contractor commences legal action in a court of competent jurisdiction against the City. B.If one or more of the events identified in Paragraph 15.02. A occurs, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor’s failure to perform the Work. The conference shall be held not later than 15 days aftQr receipt of notice. by both Contractor and surety. 1.If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the Contract, the City may, to the eXtent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of the conference to address Contractor's failure to perform the Work. 2.If COntractor’s services are terminated, Surety shall be obligated td take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety’s performance of its obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City complete£ the Work, City may exclude Contractor and Surety from the Site and take possession of the Work, and all materials and equipment stored at the Site CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 I DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 61 of 65 or for which City has paid Contractor, but which are stored elsewhere, and the Work as City may deem expedient. 3.Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by City, such excess will be paid toContractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses, and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph 15.02, City shall not be required to obtain the lowest price for the Work performed. 4 Neither City, nor any of its respective consultants, agents, officers, elected or appointed officials, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5.City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor’s failure to timely complete the entire Contract. Contractor shall not be entitled to any claim, counterclaim or offset on account of the method used by City in completing the Contract. 6.Maintenance of the Work shall continue to be Contractor's and Surety's responsjbilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise under the Contract or prescribed by law. C.Notwithstanding Paragraph 15.02.B, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt ofsaid notice. D.Where Contractor’s services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or- which may thereafter accrue, or any rights or remedies of City against Contractor or Surety. Any retention or payment of money due Contractor by City will not releasd Contractor from liability. E.If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.02, the termination procedures of that bond £hall noI supersede the provisions ofthis Article 15. 15.03 City May Terminate for Convenience A.City pay, without cause and without prejudice to any other right or rearedy of City, terminatethe Contract, in whole or in part. Any termination shall be affected by giVing notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date ripon which such termination becomes effective. Notice shall be deemed validly given if given in accordance with Paragraph 17.01. A. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTSRevised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE9221313-9234-6E84ABFA0607 00 72 00GENERAL CONDITIONS Page 62 of 65 B.After a notice of termination, has been given, and except as otherwise directed by the City, theContractor shall: 1. stop work under the Contract on the date and to the extent specified in the notice of termrnatron; 2. place no further orders or subcontracts for materials, serviqes or facilities except as may be necessary for completion of such portion of th9 Work under the Contract as is not terminated; terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and the completed, or partially completed plans, drawings, infgrmation and other property which, if the Contract had been completed, would have been required to be furnished to the City. complete performance of such Work as shall not have been terminated by the notice of termination; and take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to the Contract that is in the possession of the Contractor and in which the City has or m4y acqUire the rest. C.At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, cdrtified as to quantity and quality, of any or all items of termination inventory not preViously disposed of in accordance with the Contract, exclusive of items the disposition of which has been directed or authodzqd by City. D.Not later than 15 days after Contractor’s submission of the certified list to City pursuant to Paragraph 15.03.C, the City shall accept title to such items, subject to verification of the list by the City upon removal of the items or,. If the items are stored, then City shall have 45 days after submission of the list, to verify the list submitted and accept title to such items. Any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E.Not later than 60 days after the notice of termination has been given, the Contractor shall submit hisits termination claim to the City in the form and with the certificationprescribed by the City. Uhlessan extension request i§ made in writing within such60-day period by the Contractor, and granted by the City, any and all such claims of Contractor that are not submitted to Cit9 within such 60-day period sh411 be conclusively deemed waived. F.Should a termination claim be timely submitted to the City, ContraCtor shall be paid for (without duplication of any items): completed and acceptable Work executed in accordance with the Contract Documents prior to tha effective,date of termination, including fair and reasonable sums for overhead CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92'1313-92344E84ABFA0607 00 72 00GENERAL CONDITIONS Page 63 of 65 and profit on such Work calculated and determined in accordance with the Contract Documents; 2.expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses calculated and determined in accordan9e with the Contract Documents; and 3. reasonable expenses directly attributable to reasonable and necessary wind-down and termination activities, without any overhead or profit. G.In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information submitted and available to it, the amount, if any, due to the Contractor by reason of the termination and City shall pay to the Contractor the amounts so determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of, related to or resulting from such termination. ARTICLE 16 - RESOLUTION OF DISPUTES 16.01 Methods and Procedures A.Either City or Contractor may request mediation of any Contract Claim submitted for a decision Under Paragraph 11.07 before such decision becomes final and bindjng. The request for mddiation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 11.07.E. B. C. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 calendar days of filing of the request. The parties shall agree on amediator; however, if they cannot _agree within 14 calendar days then the Denton County Alternative Dispute Resolution Program (“DCAP”) shall appoint a mediator. The mediation session shall be held within 45 days of the retention of the mediatot, and last for at least one full mediation day, before any party has the option to withdraw from the process. The parties may agree to continue the mediation process beyond one day, until there is a settlement agreement, or one party, or the mediator, states that there is no reason to continue because of an impas_se that cannot be OVercome and sends a “notice ofterrpinatior} of mediation.” All reasonable efforts will be made to complete the mediation within 39 days of the firstmediation SQssion. All costs of mediation shall be borne equally by the parties. D.All communications, both written and oral, during Phases A and B are confidential and shall be treated as settlement negotiations for purposes of applicable rules of evidence; however, documents generated in the ordinary course of business prior tQ the Dispute, that wouldotherwise be discoverable, do not become confidential simply because they are used in the Negotiation and/of Mediatjon process. E.The process shall be confidential based on terms acceptable to the mediator and/or mediationservice provider. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20. 2020 DocuSign Envelope ID: 51F58C2D-BE92z1313-92344EB4ABFA0607 00 72 00 GENERAL CONDITIONS Page 64 of 65 F.If the Contract Claim is not resolved by mediation, City’s action under Paragraph 11.07.C or a denial pursuant to Paragraphs 1 1.07.C.3 or 1 1.07.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: 1. 2. 3. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or agrees with the other party to submit the C9ntract Claim to another dispute resolution process; or gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction as set forth within the Contract Documents. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A.Whenever any provision of the Contract requires the giving of written notice, it will be deemed to have been validly given if delivered: 1. in person, by a commercial courier service or otherwise, if to City, to the duly authorized representative of City identified in the Contract Documents or to City’s Project Manager or, if tQ Contractor, to a member of the firm or to an officer of the corporation for whomit is intended; or 2.by registered or certified mail, postage prepaid, to the recipient’s place of business; or 3. by edhail to the recipient. 17.02 Computation of Time A. When any period of time is referred to in the Contract by days, it will be computed to excludethe first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day that is a state or federal holiday observed by the City, the next Business Day shall become the last day of the period. 17.03 Cumulative Remedies A.The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a jimitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws and Regulations, in equity, by special warranty or guarantee, or by other provisi6ns of the Contract. The provisions of this Paragraph 17.03 will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17 .aA Limitation of Damages A. With respect to any and all claims, disputes subject to final resolution, and other matters atissue, neither City, nor any of its officers, directors, elected or appointed officials, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. Further, the Contractor may only claim and the City mayonly be liable for those damages that are set forth in Subchapter I, Chapter 271 of the Texas CITy OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE92=F313-92344E&tABFA0607 00 72 00GENERAL CONDITIONS Page 65 of 65 Local Government Code and the City shall not be liable for any consequential damages, exemplary damages or damages for unabsorbed home office overhead. 17.05 No Waiver A. A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. B. The City has not waived its sovereign immunity except as expressly set forth in Subchapter I,Chapter 271 of the Texas Local Government Code or as expressly waived by other statute. 17.06 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and Final Acceptance of the Work ortermination of the Contract or of the services of Contractor. 17.07 Assignment of Contract A.Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written congent of the party sought to be bound; and, specifically but with6ut limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 17.08 Successors and Assigns A. City and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 17.09 Governing Law A. The Contract shall be construed in accordance with the laws of the State of Texas with6ut regard to conflicts of law principles. 17.10 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute partsof these General Conditions. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 DocuSign Envelope ID: 51F58C2D-BE924313-92344E84ABFA0607 00 73 00SUPPLEMENTARY CONDITIONS Page 1 of 9 SECTION 00 73 00 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 SUPPLEMENTARY CONDITIONS TOGENERAL CONDITIONS Supplementary Conditions These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions andother Contract Documents. SC-5.OIA Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-5.01 A.1., “Availability of Lands” The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of May 2022. Outstanding Right-Of-Way, and/or Easements to Be AcquiredPARCEL OWNERNUMBER TARGET DATE OF POSSESSION PARCELPARCELPARCELPARCELPARCELPARCELPARCELPARCELPARCELPARCELPARCELPARCEL 04 PE74 PE76 PE85 PE88 PE90 PE91 PE92 PE94 PE95 PE113 PE117 PE Pick'n'Sav Stores, Inc. #96 Arthur W. Hollingsworth Mayhill Denton, LP, a Texas limited partnership CB Green Investments, L.L.C., a Texas limited liablity company Goel Ventures, LLC, a Texas limited liability companyGW Ventures Josten’s, Inc Josten’s, Inc. Carroll Family Investments, Ltd.GHLDS #2, LLC,a Texas limited liability company Josten’s, Inc. Melvin A. Kausen and Marie A. Kausen Family Trust September 2022 September 2022 September 2022 September 2022 September 2022 September 2022 September 2022 September 2022 September 2022September 2022 September 2022September 2022 CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 IFB #7968-001 IH-35E/Mayhill Utility Relocation Effective Januarv fi, 2021 DocuSign Envelope ID: 51F58C2D-BE92431 &9234-6E84ABFA0607 00 73 00SUPPLEMENTARY CONDITIONS Page 2 of 9 I 2 3 4 5 6 7 8 9 10 11 12 13 14 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC-5.01 A.2, “Availability of Lands” Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocatedas of JULY 2021 EXPECTEDOWNER UTILITY AND LOCATION TARGET DATE OFADJUSTMENT NONE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC-5.03A., “Subsurface and Physical Conditions” The following are reports of explorations and tests of subsurface conditi6ns at the site of the Work: A Geotechnical Engineering Study Report No. 103-20-358, dated June 24, 2020, prepared by CMJEngineering, Inc. a sub-consultant ofKimley-Horn, a consultant of the City, providing additional information on Geotechnical Engineering Study. The following are drawings of physical conditions in or relating to existing surface and subsurface sttuctures (except Underground Facilities) which are at or contiguoug to the site of the Work:NONE SC-5.05 A., “Underground Facilities The following are additional resources for identification of Underground Facilities which are at or contiguous to thesite of the Work, and which are not necessarily shown in the Drawings:NONE SC-5.06A., “Hazardous Environmental Conditions at Site” The following are reports and drawings of existing hazardous environmental conditions known to the City:NONE SC-6.03A., “Certificates of Insurance” The entities lis jed below are "additional insureds as their interest may appear’_’ includingt heir respective officers, directors, agents and employees. (1) Citt (2) Consultant: Kimley-Horn and Associates, Inc. (3) Other: NONE CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTSRevised November 23, 2020 Effective Janrtarv /5. 202 / IFB #7968-001 IH-35E/Mayhill Utility Relocation f$=&:.:;$. DocuSign Envelope ID: 51F58C2D-BE924313-9234-6E84ABFA0607 00 73 00SUPPLEMENTARY CONDITIONS Page 3 of 9 1 2 34 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SC-6.04A., “Contractor’s Insurance” The limits of liability for the insurance required by Paragraph GC-6.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 6.04A. Workers' Compensation, under Paragraph GC-6.04A. Statutory limits Employer’s liabilityS 100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit SC-6.04B., “Contractor’s Insurance” 6.04B. Commercial General Liability, under Paragraph GC-6.04B. Contractor's Liability Insurance under Paragraph GC-6.04B., which shall be on a per project basis covering the Contractor withminimum limits of: $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The CommerciaIGeneral Liability Insurance policies shall provide “X“, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 6.04C., “Contractor’s Insurance” 6.04C. Automobile Liability, under Paragraph GC-6.04C. Contractor’s Liability Insurance under Paragraph GC-6.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. $ 1 ,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least $250,000 $500,000 $ 100,000 Bodily Injury per person / Bodily Injury per accident / Property Damage SC-6.04D., “Contractor’s Insurance” The Contractor’s construction activitjes will require its employees, agents, gubcontractors, equipment, and material deliveries to cross railroad properties and tracks, or perform work within 25 feet df the center lineof tracks NONE. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January /5, 2021 IFB #7968-001 IH-35E/Mayhill Utility Relocation DocuSign Envelope ID: 51F58C2D-BE92z1313-92344E84ABFA0607 00 73 00SUPPLEMENTARY CONDITIONS Page 4 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 -48 49 50 51 52 53 54 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s propertIes The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: (1) General Aggregate:$COnfIrm Limits with Railroad (2) Each Occurrence:SCon.fIrm Limits with Railroad Required for this Contract X Not requiredfor this Contract With respect to the above outlined insurance reqUirements, the following shall govern: 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-gradecrossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of-way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on arailroad company’s right-of-way at a location entirely separate from the grade separation or at- grade crossing, insurance coverage for this work must be included in the policy covering the grade separatIon, 4. If no grade separation is involved but other work is proposed on a railroad company’s right-of- way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with Bn original policy or policieg of the insurance for eaQh railroad company named, as required above. All such insurancemust be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way ha§ been completed apd the grade crossing, if any,is no longer used by the Contractor. In addition, insurance must be earNed during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee oMrailroad company operating over tracks involved in the Project. CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective Janrtarv /5, 202 1 IFB #7968-001 IH-35E/Mayhill Utility Relocation henrI: DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 00 73 00SUPPLEMENTARY CONDITIONS Page 5 of 9 1 2 3 4 5 6 SC-7.08C., “Concerning Subcontractors and Suppliers” The following subcontractors shall be required to be utilized by the Contractor for specific portions of theWork as indicated below: Required SubcontractorsSUBCONTRACTOR COMPANY NAME DESCRIPTION OF WORK TO BE PERFORMED NONE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 SC-7.11., “Permits and Utilities” SC-7.11 A., “Contractor obtained permits and licenses” The following are known permits and/or licenses required by the Contract to be acquired by the Contractor:NONE SC-7.11B. “City obtained permits and licenses” The following are known permits and/or licenses required by the Contract to be acquired by the City: 1. TxDOT Utility Installation Request (UIR) SC-7.11C. “Outstanding permits and licenses” The following is a list of known outstanding permits and/or licenses to be acquired, if any as of MAY2022 Outstanding Permits and/dr Licenses to Be AcquiredOWNER PERMIT OR LICENSE AND LOCATION TARGET DATEOF POSSESSION NONE 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SC-7.24B., “Title VI, Civil Rights Act of 1964 as amended” During the performance of this Contract, the Contractor, for itself, its assignees and successors ipinterest (hereinafter referred to as the ''ContraCtQr") agrees as follows: 1.Compliance with Regulations: The Contractor shall comply with the Regulation relative to nondiscrimination in Federallyassistedprograms of the Department of Transportation (hereinafter, “DOT”) Title 49, Code of Federal Rdgulations, Part 21, as they may be amended from time to time, (hereinafter referred to as thQ Regulations), which are herein incorporated by reference and made a partof this contract. 2.Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the gfounds of race, color, or national origin, in the selection and retenti6n of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or inditectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: in all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January /5, 2021 IFB #7968-001 IH-35E/Mayhill Utility Relocation PHI DocuSign Envelope ID: 51F58C2D-BE92dj313-92:P14E84ABFA0607 00 73 00SUPPLEMENTARY CONDITIONS Page 6 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4.Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by City or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the City, or the Texas Department of Transportation, as appropriate, and shall set forth what efforts it has made toobtain the information. 5. Sanctions for Noncompliance: in the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, City shall impose such contract sanctions as it or the Texas Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the Contract until the Contractor complies, and/orb. cancellation, termination or suspension of the Contract, in whole or in part. 6.Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulati6ns, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as City or the Texas Department of Transportation may direct as a means of enforcing suchprovisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request City to enter into such litigation to protect the interests of City, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Additional Title VI requirements can be found in the Appendix. SC-8.02., “Coordination” The individuals or entities listed below have contracts with the City for the performance of other work atthe Site Vendor Texas Department ofTransportation Various Franchise UtilityCom.Ies Kimley-Horn and Associates, Inc. Scope of Work Highway and Frontage RoadConstruction Utility Construction Coordination Authori Contractor/City Contractor/City IH-35E Mayhitl ConstruetionPhase Services/Desi. 39 40 41 42 43 44 45 46 SC-9.01, “Communications to Contractor” 1. 2. All materials shall use domestically manufactured products that are composed predominately of steel and/or iron to incorporate into the permanent installation of the utility facility in compliance with the Buy America provisions of 23 CFR 635.410 as _amended. Denton Water Field Operations (Coordinate 48-hours in advance of performed shutdown and tie- m) CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January /5, 2021 IFB #7968-001 IH-35E/Mayhill Utility Relocation DocuSign Envelope ID: 51F58C2D-BE92dj313-9234-6E84ABFA0607 00 73 00SUPPLEMENTARY CONDITIONS Page 7 of 9 12 34 5 67 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 3. Atmos: Omar Campos: Anibd.Campos@atmosenergy.com (Contact 48 hours in advance of excavation operations occurring within 50’ of existing 8” gas pipeline). 4. Denton Municipal Electric: Aaron Bennion: Aaron.Bermion(a}cityofDenton.com (Coordinate 48 hours in advance of excavation operations occurring 20’ of existing 4“ electric lines). SC-10.OIB., “City’s Project Manager” The City’s Project Manager for this Contract is Kyle Pedigo, or his/her successor pursuant to writtennotification from the City Engineer. SC-13.02B., “Tests and Inspections” NONE SC-16.OIC.1, “Methods and Procedures” NONE sc-17.01 – “BUY AMERICA” REQUIREMENTS NOTICE TO CONTRACTORS and SUPPLIERS: The project requires certification from the contractor’s suppliers that all manufacturing processesfor steel and iron materials or for the application of coatings (epoxy, galvanizing, painting or any other coating that protects or enhances the value of the steel or iron metal) to these materialsoccurred in the United States of America. For the purpose of the certifications, manufacturingprocesses are defined as all processes required to change the raw ore or scrap metal into the finished in-place steel or iron product. The successful contractor will be required to complete the TexasDepartment of Transportation Material Statement Certification Form 1818 with for each appropriate shop drawing submittal. TxDOT Form 1818 is included in the APPENDIX of this project manual. SC – 18.01, “Texas State Law Provisions” SC – 18.01 A. “Prohibition on Contracts with Companies Boycotting Israel“ Contractor acknowledges that in accordance with Chapter 2271 of the Texas Govenrment Code, City is prohibited nam entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Contractor certifies that Contractor’s signature provides written verification to the City that Corltractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. SC – 18.OIB. “Prohibition on Contracts with Companies Boycotting Certain EnergyCompanies” CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 IFB #7968-001 IH-35E/Mayhill Utility Relocation Effective January 1S, 202 / DocuSign Envelope ID: 51F58C2D-BE92z131 &9234-6E84ABFA0607 00 73 00SUPPLEMENTARY CONDITIONS Page 8 of 9 1 2 3 4 56 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains written verification from the company that it (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms “boycott energy company” and “company” shall have the meanings ascribed to those terms in Section 809.001 of the Texas Government Code. By signIng this agreement, Contractorcertifres that Contractor’s signature provides written verifIcation to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the agreement Failure to meet or maintain the requirements under this provision will beconsidered a material breach. SC – 18.OIC. “Prohibition on Contracts with Companies Boycotting Certain FirearmEntities and Firearm Trade Associations” Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code,City is prohibited from entering into a contract with a company for goods or services unless the contract contains written verification from the company that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a fIrearm entity or firearm trade association. The terms “discriminate against a firearm entity or firearm trade association,” “firearm entity” and -“firearm trade association” shall have the meanings ascribed to those terms in Chapter 2274 of the Texas Government Code. By signing this agreement,Contractor certifres that Contractor’s signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or fIrearm trade association; and (2) will not discriminate during theterm of the contract against a fIrearm entity or fIrearm trade association. Failure to meet or maintain the requirements under this provision will be considered a material breach. SC – 18.OID. “Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization” Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By sIgning this agreement, Contractor certifies that Contractor’s signature provides written verification to theCity that Contractor, pursuant to Chapters 2252 and 2270, is not ineligible to enter into this agre€ment and will not become ineligible to receive payments un_der this agreement by doing business with Iran, Sudan, or a foreign terrorist organization . Failure to meet or maintain the requirements under this provision will be considered a material breach. SC – 18.OIE. “Termination Right for Contracts with Companies Doing Business with Certain Foreign-Owned Companies” CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective Januatv /5, 2021 IFB #7968-001 IH-35E/Mayhill Utility Relocation DocuSign Envelope ID: 51F58C2D-BE92z1313-9234-6E84ABFA0607 00 73 00SUPPLEMENTARY CONDITIONS Page 9 of 9 1 2 3 4 5 6 7 8 9 10 The City of Denton may terminate this Contract immediately without any further liability if the City of Denton determines, in its sole judgment, that this Contract meets the requirements under Chapter 2274, and Contractor is, or will be in the future, (i) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or other designated country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia, or other designated country. END OF SECTION Revision Log NAME S RY OF CHANGE SC- 17.01 DATE 05/19/2022 CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January /5, 202 / IFB #7968-001 IH-35E/Mayhil! Utility Relocation DocuSign Envelope ID: 51 F58C2D-BE9221313.9234-6E84ABFA06jJ7, . , .=’" -"'-'"’--' '-'- -’"-'--'--' -'---- --’ '- ---- --'' - '-'' ' "'Yih1 bit CIQ CONFLICT OF INTEREST QUESTIONNAIRE -For vendor or other person doing business with local governmental enti' This questionnaire reflects changes made to the law by H.B. 23, 84egular Session. FORM CIQ This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as definedby Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of DentonEthics Code, Ordinance 18.757. By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after thdate the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1 ), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.misdemeanor. a 1 entity. An offense under this section is a Mountain cascade of Texas, LLC 2 [X]Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business dayafter the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) d Name of local government officer about whom the information in this section is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or 6ther business relationship as defined by Section 176.00 1 (1-a), Local Government Code Attach additional pages to this Form CIQ as necessary. A Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?a Yes El No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local goveriment officer named inthis section AND the taxable income is not received from the local governmental entity?[= Yes m No C. Is the filer ofthisquestionnaire employed by a corporation or oth6r business entity with respect to which the local government officer serves as an officeror director, or holds an ownership of one percent or more?n Yes E ] No D Describe each enployment or business and family relationship with the local government officer named in this section 4 5 LJ 1 have no Conflict of Interest to disclose. 9/30/2022 SignatuM with the governmental entity Date DocuSign Envelope ID: 51F58C2D-BE924313-9234-6E84ABFA0607 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter l76ofthe Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG 176.htm. For easyreference, below are some of the sections cited on this form. Local Government Code $ 176.001{1-a): "Business relationship" means a connection between two or more panifs based on commercial activity of one ofthe parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency ofa federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code $ 176.003(a)(2)(A) and (B): (A) Alocal govemment officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vurdoB (B) has given to the local govemmentomcer ora family member ofthe officer one or more gifts that have an aggregate value ofmore than $ 100 in the 12-month periodpreceding the date the officer becomes aware that: (i) a contract between the localgovemmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code $ 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire ifthe vendor has a business relationship with a local govemmental entity and: (1) has an employment or other business relationship with a local government officer of that local govemmental entity, ora family member ofthe officer, described by Section 176.003(a)(2)(A);(2) has given a local government 9fficer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excludingany gift described by Section 176.003(a-1); or (3) has a family relationship with a local govgrnment ofRcer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business dayafter the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local govemmental entity; or (B) submits to the localgovgmmental entity an application, response to a request forproposals or bids, correspondence, or ano{her writing related to a potential contract with the local governmental entity; or(2) the date the vehdor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the oHcer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local govemment omcer. City of Denton Ethics Code Ordinance Number 18-757 Definitions Relative: a family member related to a City Official within the third 3l'i degree of affinity (marriage) or consanguinity (blood or adoption) City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or liember of the Board of Ethics, and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board Vendor: a person who provides or seeks to provide goods, serviced, and/or real property to the City in exchange for compensation. This defInition does not include those property owners from whom the City acquires public right-of-way or other real property interests for public use. Per the City of Denton Ethics Code, Section 2-273. – Prohibitions (3) it shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars (850.00) per gift, or mulliple cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year. Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Managert hat the Vendor be deemed ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year. provided by Texas Ethics Corrlmission www.ethics .state.tx,us Revised DocuSign Certificate Of Completion Envelope Id: 51 F58C2DBE92431392346E84ABFA0607 Subject: Please DocuSign: City Council Contract 7968-001 IH-35E/Mayhill Utility Relocation Status: Completed Source Envelope: Document Pages: 106 Certificate Pages: 6 Signatures: 6 Initials: 1 Envelope Originator:con Power 901 B Texas Street Denton, TX 76209 ceri.power@cityofdenton.com IP Address: 198.49.140.10 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 9/29/2022 3:09:06 PM Holder: Cori Power cori .power@cityofdenton.com Location: DocuSign Signer Events Cori Power cori .power@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Signature Timestamp Sent: 9/29/2022 3:11 :45 PM Viewed: 9/29/2022 3:13:17 PM Signed: 9/29/2022 3:13:57 PM Completed Using IP Address: 198.49.140.10 Lori Hewell lori .hewell@city6fdenton.com Purchasing Manager City of Denton Security Level: Email, Account AuthenticaUon (None) Sent: 9/29/2022 3:14:01 PM Viewed: 9/29/2022 3:22:26 PM Signed: 9/29/2022 3:24:08 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Electronic Record and Signature Disclosure:Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication(None) 'DocuS}gn•d brI &ArtLLhhhh.4B070831B4M438. Sent: 9/29/2022 3:24:12 PM Viewed: 9/29/2022 3:26:45 PM Signed: 9/29/2022 3:28:46 PM Signature Adoption: Pre-selected Style Using IP Address: 47.24.6.135 Electronic Record and Signature Disclosure: Not Offered via DocuSign Andrew McCullOch AMcCulloch@mountaincascade.com Vice-President Harber Co.Inc. dba Mountain Cascade of Nevada Security Level: Email, Account Authentication(None) Sent: 9/29/2022 3:28:50 PM Viewed: 9/29/2022 3:54:55 PM Signed: 9/30/2022 7:44:03 AM Signature Adoption: Pre-selected Style Using IP Address: 174.244.1.99 Electronic Record and Signature Disclosure: Accepted: 9/29/2022 3:54:55 PMID: 486528a4-7223zt12e-89ba-681f5af5b342 Signer Events Rebecca Diviney Rebecca.Diviney@cityofdenton.com Director of Capital Projects/City Engineer Capital Projects/Engineering Security Level: Email, Account Authentication(None) Signature Timestamp Sent: 9/30/2022 7:44:07 AM Viewed: 9/30/2022 8:49:21 -AM Signed: 9/30/2022 8:49:47 AM –-T–I 'Doou81gn+d brI R"-.'--?'CE9F2B4E4B6745F. Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 9/30/2022 8:49:21 AMID: e3o488c8-5a9f42el-80b0-cf5b64e64eOd Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Completed Sent: 9/30/2022 8:49:52 AM Viewed: 11/2/2022 7:55:53 AM Signed: 11/2/2022 7:56:07 AMUsing IP Address: 198.49.140.104 Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication(None) 'DocuSlgn•d bv I SMA Hu.4l49 , 523608296270423. Sent: 11/2/2022 7:56:13 AM Viewed: 11/2/2022 8:03:03 AM Signed: 11/2/2022 8:03:14 AM Signature Adoption: Pre-selected Style Using IP Address: 107.77.198.218 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication(None) -DocuSlgn•d brI R%4RLeI IC5CA8C5EI 75493. Sent: 11/2/2022 8:03:18 AM Viewed: 11/2/2022 7:13:50 PM Signed: 11/2/2022 7:14:12 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 11/2/2022 7:13:50 PMID:702c41ec-d6ed44ac-8181-2bec54adce40 In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Status Timestamp R ICarbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email: Aceount Authenticatiorf(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Timestamp Sent: 9/29/2022 3:14:00 PM Carbon Copy Events Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Status Timestamp Sent: 9/30/2022 8:49:51 AM Viewed: 10/3/2022 2:14:25 PM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 11/2/2022 7:14:17 PM Chris Windsor ChrisW@mountaincascade.com Project Manager Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 11/2/2022 7:14:20 PM Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Aceount Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 11/2/2022 7:14:23 PM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Env61ope Sent Certified Delivered Signing Complete Completed Status Timestamps 9/29/2022 3:11 :45 PM 11/2/2022 7:13:50 PM 11/2/2022 7:14:12 PM 11/2/2022 7:14:23 PM Hashed/Encrypted Security Checked Security Checked Security Checked Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Andrew McCulloch, Rebecca Diviney, Rosa Rios ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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