22-2479ORDNANCE NO. 22-2479
AN ORDNANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICEPAL
CORPORATION, AUTHORiznqG THE CITY MANAGER TO EXECUTE A CONTRACT WITHMOUNTA[N CASCADE OF TEXAS, LLC, FOR THE CONSTRUCTION OF THE NORTHWESTWATER TRANSMISSION MAN PROJECT FOR THE WATER/WASTEWATER UTEiTns
AND CAPITAL PROJECTS/ENGINEERING DEPARTMENTS; PROVIDING FOR THEEXPENDITURE OF FUNDS THEREFOR; AND PROVDPqG AN EFFECTIVE DATE (RFQ7968-002 – AWARDED TO MOUNTAnq CASCADE OF TEXAS, LLC, IN THE NOT-TO-
EXCEED AMOUNT OF $15,614,291.70).
WHEREAS, on June 7, 2022, the City Council approved a pre-qualified professional services
list 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 by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by Br ,An Bac k andseconded by B, r+_ iD: - Ch'.be he (J 'c . This oed by
the following vote [ 6 - a:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Jesse Davis. District 3 :
VACANT. District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
V‘
,Z
,Z/
1/
PASSED AND APPROVED this the t3+h day of Deer M- bc/2022
JE=:{i i=
ATTEST:
ROSA RIOS, CITY SECRETARY 1\\111111111
]BIII III(fr : n1 12p//
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella
,tEll
:=;ceTT6;;Y1 .28 lo:13:38 46'oo'
DuN::n=Marcella Lunn. oBY: m A=1:r= :::fF Fei :: = n 1cg) ( i ty o f d e n t
DocuSign Envelope ID: 2585DC35-9F554158-B8AO-72AADIA8A335
DENTON
Docusign City Council Transmittal Coversheet
7968-002
File Name Northwest Water Transmjsslon Maln
Purchasing Contact c ''i p ""'‘
City Council Target Date DECEMBER 13’ 2022
Piggy Back Option
Contract Expiration
Ordinance
1 i cab1 e
1 rD
Not App
N/A
22–2479
DocuSign Envelope ID: 2585DC35-9F554158-B8A0-72AADIA8A335
00 52 43AGREEMENT
Page 1 of 8
SECTION 00 52 43
AGREEMENT – UNIT PRICE BID2
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THIS AGREEMENT, authorized on 12/13/2022 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 authorized representative, (“Contractor”).
City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
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Article 1. WORK
Contractor shall complete all Work as specified or indicated in the Contract Documents for the
Project identified herein.
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Article 2. PROJECT
The project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
Northwest Water Transmission Main
IFB# 7968-002
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 eight hundred seventy thousand seven
hundred fifty-four dollars and 00/100 cents ($14,870,754.00). At the sole option of the City, five
(5) percent contingency in the amount of Seven hundred forty-three thousand five hundred thirty-
seven dollars and 70/100 cents ($743,537.70) may be used for a total not-to-exceed amount of
Fifteen million six hundred fourteen thousand two hundred ninety-one dollars and 70/100 cents
(S 15,614,291.70).
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Article 4. CONTRACT TIME
4.1 Time is of the essence.
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All time limits for Milestones, if any, and Final Acceptance as stated in the ContractDocuments are of the essence to this Contract.
4.2 Milestone Water Lines A, B, C and D
The Work associated with Proposed Water Lines A (STA 0+00 thru 63+67), B, C, and D
will be substantially complete, which shall be defined as being complete such that Proposed
Water Lines A (STA 0+00 thru 63+67), B, C, and D can function as intended pursuant to
the Contract Documents, to the reasonable satisfaction of the City, by the close of businesson February 28, 2024. The date of Substantial Completion shall be memorialized by
written notice given by the City to the Contractor.
4.3 Final Acceptance.
The Work will be completed for Final Acceptance within 450 Days after the date when the
Contract Time commences to run, which is the day indicated in the Notice to Proceed, plus
any extension thereof allowed in accordance with Article 11 of the General Conditions.
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 2/, 2021
IFB #7968-002NORTHWEST WATER TRANSMISSION MAIN
DocuSign Envelope ID: 2585DC35-9F554158-B8A0-72AADIA8A335
00 52 43AGREEMENT
Page 2 of 8
1 4.3 Liquidated Damages:
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A Contractor recognizes that time is 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 is not completed on time. Accordingly, instead of
requiring any such proof, Contractor agrees that liquidated damages for delay (but not
as a penalty):
/. Milestones : if Contractor neglects, refbses, or fails to complete a Milestone within
the time (as duly adjusted pursuant to the Contract) specified in the Paragraph 4.2,
for Substantial Completion, Contractor shall pay City Six-Hundred and Twenty-Five Dollars ($625.00) for each day that expires after such time, until the
Milestone(s) is completed
2. 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.
21 Article 5. CONTRACT DOCUMENTS
22 5.1 CONTENTS:
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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.
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1. Attachments to this Agreement:
Proposal Form
1) Bid Form
2) Unit Price Proposal Form3) Vendor Compliance to State Law Non Resident Offeror
4) State and Federal documents (project specifIC)
a
b. Current Prevailing Wage Rate Tablec. Worker’s Compensation Affidavitd. General Conditions
e. Supplementary Conditions.
2. The following located in File 7968-002 at:
https ://lfpubweb.citvofdenton.com/MateriatsManagement/Browse.aspx? id= 19 &
dbid= C)&repo=MaterialsManagement &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.
3 . The following which shall be issued after the Effective Date and delivered to the City
within ten (10) days of the Effective Date and before beginning Work:
a. Payment Bond
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CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 2/, 202 /
IFB #7968-002NORTHWEST WATER TRANSMISSION MAIN
DocuSign Envelope ID: 2585DC35-9F55z1158-B8A0-72AADIA8A335
00 52 43AGREEMENT
Page 3 of 8
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b
C.
d
e.
f.
Performance Bond
Maintenance Bond
Power of Attorney for the Bonds
Form 1295 – Certificate of Interested Parties (email to purchasing)Insurance Certificate
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
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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, nw HOLE OR INPART, BY ANY ACT, OMISSI€a& OR NEGLIGENCE OF THE CITY. THISINDEMNITY PROVISION IS INTENDED TO INCLUDE, WITHOUTLIMITATION, INDEMNITY FOR ANY AND ALL COSTS, EXPENSES ANDLEGAL FEES INCURRED BY THE CITY IN DEFENDING AGAINST SUCHCLAIMS AND CAUSES OF ACTIONS.
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2f32fl
IFB #7968-002NORTHWEST WATER TRANSMISSION MAIN
Effective January 2/. 202 /
DocuSign Envelope ID: 2585DC35-9F55-4158-B8A0-72AADIA8A335
00 52 43AGREEMENT
Page 4 of 8
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 INVITEES UNDER THIS CONTRACT. THISINDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATEAND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL aR
SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR INPART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. THISINDEMNITY PROVISION IS INTENDED TO INCLUDE, WITHOUTLIMITATION, INDEMNITY FOR ANY AND ALL COSTS, EXPENSES ANDLEGAL FEES INCURRED BY THE CITY IN DEFENDING AGAINST SUCHCLAIMS AND CAUSES OF ACTIONS.
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19 Article 7. MISCELLANEOUS
20 7.1 Capitalized Terms.
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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 General
Conditions.
7.2 Assignment of Contract.
This Agreement, including all of the Contract Documents may not be assigned by theContractor 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 legalrepresentatives to the other party hereto, in respect to all covenants, agreements and
obligations contained in the Contract Documents.
7.4 Severability.
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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 binding upon City and Contractor.
7.5 Venue and Waiver of Sovereign Immunity.
This Agreement, including all of the Contract Documents is performable in the State ofTexas. Venue shall be in the state district courts of Denton County, Texas. The City’s
sovereign 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
CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
IFB #7968-002NORTHWEST WATER TRANSMISSION MAIN
Effective January 2/, 2021
DocuSign Envelope ID: 2585DC35-9F55z1158-B8A0-72AADIA8A335
00 52 43AGREEMENT
Page 5 of 8
1 7.6 Authority to Sign.
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Contractor hereby certines that the person signing the Agreement on its behalf is the dulyauthorized signatory of the Contractor.
7.7 Prohibition on Contracts with Companies Boycotting Israel.
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City 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; 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 contract, Contractor
certWes 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 Contracts with Companies Boycotting Certain Energy Companies.
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 boycottenergy 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 Mgmhg this agreement,
Contractor certiBes 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 requirementsunder 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 servicesunless 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 entityor 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
vertPcation to the City that Contractor: (1) does not have a practice, policy, guidance, ordirective 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.
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTSRevised November 23, 2020
Effective January 27, 2021
IFB #7968-002NORTHWEST WATER TRANSMISSION MAIN
DocuSign Envelope ID: 2585DC35-9F554158-B8AO-72AADIA8A335
00 52 43AGREEMENT
Page 6 of 8
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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 with
companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing
this agreement, Contractor certiBes that Contractor’s signature provides writtenverification 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.
The City of Denton may terminate this Contract immediately without any farther 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 whoare 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 rightto 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.
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised Novenrber 23, 2020
Effective January 2/, 2021
IFB #7968-002NORTHWEST WATER TRANSMISSION MAIN
DocuSign Envelope ID: 2585DC35-9F55+158-B8A0-72AADIA8A335
00 52 43AGREEMENT
Page 7 of 8
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Contractor, its subcontractors and equipment and materials suppliers on the Project or their
sureties, 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 presence or duties of the Engineer's personnel at a construction site, whether as on-site
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 performing, coordinating and completing all portions 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 authority to exercise any control over
any construction contractor or other entity or their employees in connection with their work
or any health or safety precautions.
SIGNATURE PAGE TO FOLLOW
CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 2/, 2021
IFB #7968-002NORTHWEST WATER TRANSMISSION MAIN
DocuSign Envelope ID: 2585DC35-9F554158-B8A0-72AADIA8A335
00 52 43AGREEMENT
Page 8 of 8
1 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effectiveas of the date subscribed by the City’s City Manager or his designee (“Effective Date”).2
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CITY OF DENTON
BY: [ S'4' H&.%
5236DB296270423
TITLE. Clty Manager
'DocuSlgned by:
DATE. 12/13/2022
CONTRACTOR
MOUNTAiN CASCADE OF TEXAS, LLC
’DocuSigned by:
BY:&\&AyuN h{£yAll£ItIL-OABJFtrvW$HZED AGENTTHIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligationsand business terms.Andrew MCCu11och
NAME
Rebecca DI vI ney
PRINTED NAME Vice-President
TITLE
Director of Capita1 projects/City EngIneer
TITLE 817-783–3094
Caplta1 projects/Englneeri IIg
DEPARTMENT
PHONE NUMBER
AMCCu11och@mountai ncascade . com
EMAIL ADDRESS
ATTEST:
ROSA RIOS, CITY SECRETARY
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2022-955853
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER
Rar4RLeI
'DocuSigned by:
, 1 C5CA8C5EI 75493
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
IFB #7968-002
NORTHWEST WATER TRANSMISSION MAIN
Effective January 2/, 2021
DocuSign Envelope ID: 2585DC35-9F554158-B8A0-72AADIA8A335
00 41 00BID FORM
Page 1 of'3
SECTION 00 41 00
BID FORM2
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TO:Cori Power
c/o: Purchasing Division
901-B Texas Street
Denton, Texas 76209
FOR: NORTHWEST WATER TRANSMISSION MAIN
I 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 asspecified 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 Contract
Documents.
2 BIDDER Acknowledgements and Certification
2.1
2.2
In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION
TO 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 14days of notification of award.
Bidder certifies 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 conformity with any collusive
agreement or IIIIes of any group, association, organization, or colporation.
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 refrain from bidding.
Bidder has not engaged in corrupt, h'audulent, collusive, or coercive practices in competing
for the Contract. For the purposes of this Paragraph:
a. "corrupt 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.
2.3
2.4
2.5
2.6
b. "fraudulent 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 neeand 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 ha17ning or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the bidding process oraffect the execution of the Contract.
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised jVoven\her 23, 2020
Effective .Jc1311t CIty 1 S. 202 /
IFB No. 7968-002NORTHWEST WATER TRANSMISSION MAIN
DocuSign Envelope ID: 2585DC35-9F554158-B8A0-72AADIA8A335
0041 00BID FORA'I
Page 2 of 3
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2.7 The Bidder acknowledges and agrees to comply with the requirements of City Ethics
Ordinance No. 18-757.
3 Time of Completion
3.1
3.2
The Work will be complete for Final Acceptance within 450 Days after the date when the
Contract Time commences to run, 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:a. Section 00 35 13 – Conflict of Interest Affidavit
b. Section 00 41 00 – This Bid Form
c. Section 00 42 43 – Unit Price Proposal Form – Electronic Copy (either includedin the Bid, or submitted via Ion Wave)
d. Section 00 42 13 – Required Bid Bond, issued by a surety meeting the requirements
of Paragraph 6.01 of the General Conditions
e. Section 00 43 36 – Proposed Subcontractors Form
f. Section 00 13 37 Vendor Conrpliancc to Statc Law Plan Rc3idcnt Bidder
g. Sootion 00 45 13 Biddor8 l>,'linimum Qualification Statolnont
h. Section 00 45 43 – Corporate Resolution of Authorized Signatories
i. Any additional documents that may be required by Section 00 21 13 – Instluctions toBidders
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised Novell Ibet- 23, 2020
Effective ,Jatltlarv /5, 2021
IFB No. 7968-002NORTHWEST WATER TRANSMISSION MAIN
DocuSign Envelope ID: 2585DC35-9F55Jt158-B8A0-72AADIA8A335
0041 00BID FORM
Page 3 of 3
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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 fOI
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 amountentered 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 andthen totaling all of the extended amounts.
Total Bid Amount:$
6 Bid Submittal /4 ,&70,754.oo
This Bid is submitted on October 19 20 22 by the entity named below.
(sig/@id
Andrew L. McCulloch
(Printed Name)
Title: Vice President
Company: Mountain Cascade of Texas, LLC
30
31
Address: 5340 East US Highway 67Alvarado. TX 76009
32
33
34
State of Incolporation: Texas
Email: amcculloch@)mountaincascade.com
Phone: 817-783-3094
35
36 END OF SECTION
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCIJM ENTS
Revised Nnvelnllel- 23, 2020
Effective .Jctttttat'\t 15. 202 /
IFB No. 7968.002NORTHWEST WATER TRANSMISSION MAIN
_DocuSign Envelope ID: 2585DC35-9F554158-B8AO-72AADIA8A335
SECTION 00 42 43 - UNIT PRICE PROPOSAL FORM
To:
-==q City of Denton - Capital Projects From :
DENTON 901 -B Texas Street
Denton, TX 76209
con Power / Purchasing Dept.
PRC)J': NORTHWEST WATER TRANSMISSION MAIN
IFB, 7968-002IsLE, „-'
BIDDERS APPLICATION - UNIT PRICE BID
Item
No.Spec. Section No.Description UOM IBID QTY Unit Price Extended Price
1
2A+
2B+
UMM%#®tl@
di +o oo
33 14 10
33 14 12
10170.001 - MobIlizationmm:aiReMmTX
LS
LF
1-
U8
1,138,881.00 1138,881,oo
Water PineFm94 - 3mioD LF 9,845 402.00 §
$
3
S
3,957,690,00
2('+
3A+
3 B+
3 (P+
4A+
48+
4(P+
33 14 13
33 14 10
33 14 12
Pioe
amEliFmm==tT
LF 9,845
LF 290
IWater PipeM.o01 - 30"mfa LF 290 375.00 108,750.00
33 14 13
33 14 10
33 14 12
PinemeBni7F:mmTiiEm
LF 290 $
S
$
LF 210
IWater Pipe
mg.002 - 24" AWWA C200 Steel Water SPiDe
LF 210 355,00 74,550.00
33 14 13
+Bidder to provideUnit Price mm:iono mI ;L;;;rmlternatives for ltems 2,
DO NOT PROVIDE UNIT PRICE / EXTENDED PRICE FOR EACH ALTERNATIVE
LF 210 $
3, and 4
5
6
7
8
9
33 14 10
33 14 10
33 14 10
F314,018 - 20" DIP Water Pipeamg?Bi- 12"MCr Pipe
LF 2
2,943
257
350.00
300.00
100.00
700.00
882,900,00
25,700.00
33 14 11
33 14 11
13314.146 - 12" PVC Water Pressure Pipe LF 1 875 isTL 7n 80.oo 1 SB:aiR 70,000.00
350.00iM142 - 8" PVC Wai;r–
Addendum No. 1
_DocuSign Envelope ID: 2585DC35-9F5541
SECTION 00 42 43 - UNIT PRICE PROPOSAL FORM
To:City of Denlon - Capital Projects From :
DENTON 901-B Texas Street
Denton. TX 76209
Cori Power / Purchasing Dept.
PRQJ': NORTHWEST WATER TRANSMISSION MAIN
1 FB: 7968-002IF:%, „'.
BIDDERS APPLICATION - UNIT PRICE BID
F–ln#nl•n•RinItem
No.
10
11
12
Spec. Section No. i DescrIption i UOM IBID QTY! Unit Price I Extended Price
33 05 07 14999.o04 - 5mmaFfiin LF 1,747 1,650.00 $2,882,550.00
293,000.0033 05 07
I Cut
a
W032 - 48" Casing by Other Than Open
LF 293 1,000,00 &
33 05 07 CutWma LF 50 1,550,00 $77,500.00
13
+*14A
++148
33 05 07 LF 439 620.00 $272, 180.00
33 05 15,!gxEm
Open Cut
ja18305.120 - 36" AWWA C303 Water Carrier LF WO
33 05 15, 33 14 12
b999.cPine LF 2,040 350.00 S 714,000.00
++14C
++lSA
++158
++15C
33 05 15, 33 14 13 LF 2,040
33 05 15, 33 14 10
ICarrier Pipe
m.l03 - 30" w)[iimnc LF 50
33 05 15, 33 14 12 Pipeva
$
LF 50 320.00 16,000.00
Carrier Pipe
**Bidder to provide Unit Price / Extended Price for only one of the pipe material alternatives for nems 14 and
DO NOT PROVIDE UNIT PRICE / EXTENDED PRICE FOR EACH ALTERNATIVE
33 05 15, 33 14 13 LF 50
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
33 05 15, 33 14 10
33 05 15, 33 14 10
a
M.099 - 12" @[nwter Carrier PipeM
Bm
amM"TaFata-aTiilinFiizT379:17F-Em
3314.328 - 8" Gate Valve
a
I[BB
TLTF
LFI EAI 11 IS
EA
224
215
11
1
4
1F-T–Ff–
1
6I
250.00
210.00
150,000.00
120,000,00
80,000.00
27,000,00
15,000.00
17,000.00
7,500,00
5,000,OO
56.000.00
45,150.00
1,650,000.00
120,000.00
320,000,00
27,000.00
105,000.00
17,000.0045,000.00
5,000.00
33 14 20
33 14 20
33 14 20
33 14 20
33 14 20
33 14 20
33 14 20
33 14 20
EA
EA
EA
EA
EAfA
33 14 30 FVauttFan EA 5 95,000.00 475,000.00
33 14 30 EA 1 35,000.00 35,000.00
73,500.00
90,000.00
33 14 40 IVault3314.407 - Fire Hvdrant Assembl.MRI)b;aitRm EA 7 10,500.00
N/A IAssembt'Backflow Preventer EA 2 45.000.00
Addendum No. 1
F)ocuSign Envelope ID: 2585DC35-9F55'+1
SECTION 00 42 43 - UNIT PRICE PROPOSAL FORM
To: _., . _ . _ .. . _ . , From:City of Denton - Capital Projects
901 -B Texas Street
Denton, TX 76209
Cori Power / Purchasing Dept.
DENTON
PRC)J': NORTHWEST WATER TRANSMISSION MAIN
lrg, 7968-002
IEE.E: ~"
BIDDERS APPLICATION - UNIT PRICE BID
Item
No.
30
31
32
33
34
Spec. Section No.
33 14 25
33 14 25
33 14 25
33 14 25
33 14 25
13 47 13
01 58 13
31 25 14
31 25 14
31 25 14
32 93 00
32 93 00
32 93 00
33 OS 0533 05 97
33 05 98
32 31 00
32 31 00
32 01 29
32 01 17
DescriptionMm:HeIGa mn
lwith Shutdowna
Fwith ShutdownBR%
lwith ShutdownBRa
lwith ShutdownRmi-::al
IValve {CitY Performed'
mg.010 - Cathodic Protection SystemT
[8157.001 - Storm Water Pollution
IPrevention Plan {SWPPP >1 Acre]Drm Watem;
Prevention Device Installation
e
Prevention DevicesMma
o
e
}3305.021 - Trench Safety
a
13305.147 - Location of Existing UtilitiesWHIlwire Fencei
Renair
o
Utilitv TrenchB01.00T:mmi;iiwomFrench
UOM iBID QTY
EAI 1
EAt !
EAI 4
EAI 1
EAI 1
Unit Price
60,000.00
16,000.00
15,OOO.00
13,000.00
15,000.00
300,000.00600.00
2,000.00
70.000.00
10,000.00
35,000.00
25.00
1.000.50
6,000.00
25,000.00
8.00
9.00
290,00
220.00
Extended Price
60,000.00
16,000.00
60,000.00
13,000.00
15,000.00
300,000.00M
2.000.00
70,000.00
10,000.00
35,000,00
101,575,00
72,901.00
7,223,00M
25,000.00
97,944.00
4,329,00
17,400.00
118,580.00
$
$
$
$
$
$
S
$
$
$
$
$
$
37
38
39
LS
LS
LS
1
1
1
1
4,063
72,901
14,446
1
1
12,243
481
60
539
$
$
$
$
$
S
§
S
45
46
47
48
49
LS
LF
LF
SY
SY
$
$
$
$
$
Addendum No. 1
DocuSign Envelope ID: 2585DC35-9F554158-B8A0-72AADIA8A335
SECTION 00 42 43 - UNIT PRICE PROPOSAL FORM
City of Denlon - Capital Projecls From :
DENTON 901 -B Texas Street
Denton, TX 76209
Cori Power / Purchasing Dept.
PRUJ': NORTHWEST WATER TRANSMISSION MAIN
1 FB, 7968-002IE:%, '."
BIDDERS APPLICATION - UNIT PRICE BID
Item
No.Spec. Section No.Description UOM IBID QTY Unit Price : Extended Price
50
51
52
53
54
55
56
57
58
59
60
61
62
02 41
02 41
02 4102 41
02 41
m2
02 41
02 41
02 41
02 4102 41
02 41
02 41
14
14
14
14
14
14
14
14
14
14
14
14
14
[M1.011 - Grout Fill 8; LitiliMMl
r
[0241.016 - Grout Fill 16" Utility LineF@241.018 - Grout Fill 20" Utijity LinemmdTmrMa
18041.053 - utility Line Pluggin1
I[@1.050 - Remove 4' Utility Manholeme N=im
a
ammc:iM
iE}999.014 - Salvage 4" Combination Air
LF
LF
LF1 LF 1 508 IS
LF
LF
EA
EA
EA
EA
EA
EA
EA
1,243
144
1,102508
5,00
10,00
18.00
20.00
45.00
50.00
800.00
2,200.003,000.00
1,000.00
1,220.00
1,750,00a8
–6T215 Bo
1,440.00
19,836.00
10, 160.00
105,435.00
26,800,00
800.00
8,800.00
9,000.00
1,000.00
2,440.00
7,000.00
5,400.00t[
I––r–Fs––––
4
3
1
2
4
3
3
5
1
63
64
65
02 41 14
32 93 00
32 84 00
Release Valvemm-:EA
EA
LS
$
I
$
1,225.oo I $3,675.00m1 -3-
15,000.oo 1 S
NO o.oo
15,000.0013284.o02 - Irrigation System Restoration
66 00 72 00 [9
IAtlowance LS 1 1 1 $ 30,000.001 $30,000.00
O L @
Addendum No. 1
DocuSign Envelope ID: 2585DC35-9F554158-B8A0-72AADIA8A335
"General Decision Number : TX20220018 a4/29/2022
Superseded General Decision Number : Tx2021e018
State : Texas
Construction Type: Heavy
Counties : Collin, 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) .
I if the contract is entered I . Executive Order 14026 1I into on or after January 30, 1 generally applies to the 112022, or the contract is 1 contract . I
I renewed or extended (e . g. , an I. The contractor must pay II option is exercised) on or I a11 covered workers at 1
1 after lanuary 3G, 2022: 1 least $15.00 per hour (or I
1 1 the applicable wage rate II I listed on this wage I
I I determination, if it is I
I I higher) for all hours I
1 1 spent performing on the I1 1 contract in 2022. 1
Illf the contract uas awarded on 1. Executive Order 13658 11 or between January 1, 2015 and I generally applies to the 1j]anuary 29, 2022, and the 1 contract . I
I contract is not renewed or 1 . The contractor must pay altII extended on or after January 1 covered workers at least I130, 2022: 1 $11.25 per hour (or the 1
1 1 applicable wage rate listed I
1 1 on this wage determination, I1 1 if it is higher) for all I1 1 hours spent performing on 1
I that contract in 2022. 1
I I
The applicable Executive Order minimum wage rate will beadjusted annually. If this contract is covered by one of theExecutive Orders and a classification considered necessary forperformance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request .
Additional information on contractor requirements and workerprotections under the Executive Orders is available at
https : //www . dol . gov/agencies/whd/government - contracts .
Modification Number Publication Date
DocuSign Envelope ID: 2585DC35-9F554158-B8A0-72AADIA8A335
a1
2
01/07/202202/25/202204/29/2022
+ PLUMgIOO-002 11/01/2021
Rates Fringes
13.07Plumbers and Pipefitters . . . . . . . . .$ 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 ++
HaHn =nB ann HaHn n== naH= n== n== = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
WELDERS - Receive rate prescribed for craft performingoperation to which welding is incidental.
++ Workers in this classification may be entitled to a higherminimum 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 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 with 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 . do1.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) ) .
DocuSign Envelope ID: 2585DC35-9F554158-B8AO-72AADIA8A335
H H Un M + = = = = = = = = = = = = = = = = = = = = n• = = = = = = = = =
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,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 July 1,2014
Union prevailing wage rates are updated to reflect all rate
changes 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 and
the 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: suLA2e12-o07 5/13/2014. SU indicatesthe rates are survey rates based on a weighted averagecalculation of rates and 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, 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 the UAVG identifier indicatethat no single majority rate prevailed for thoseclassifications; however, le0% of the data reported for theclassifications was union data . EXAMPLE : UAVG-oH-gala
08/29/2014. UAVG indicates that the rate is a weighted unionaverage rate . OH indicates the state. The next number, 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, usually in ]anuary of
DocuSign Envelope ID: 2585DC35-9F554158-B8A0-72AADIA8A335
each year, to reflect a weighted average of the currentnegotiated/CBA rate of the union locals from which the rate isbased .
NAGE DETERMINATION APPEALS PROCESS
1. ) Has there been an initial decision in the matter? This canbe
+
+
#
#
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 requests
for 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
206 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 AdministratorU.S. Department of Labor200 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, aninterested party may appeal directly to the AdministrativeRevieM Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, DC 20210
4. ) All decisions by the Administrative Review Board are final.
naH= n= ==n n== = = = = = = == = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
END OF GENERAL DECISIO"
DocuSign Envelope ID: 2585DC35-9F554158-B8A0-72AADIA8A335
DocuSign Envelope ID: 2585DC35-9F55Jj158-B8AO-72AADIA8A335
’'Genera1 Decision Number: TX20220925 Q2/25/2022
Superseded General Decision Number: Tx2e219e25
State : Texas
Construction Type: Highway
Counties : Archer, Callahan, Clay, Collin, Dallas, Delta,Denton, Ellis, Grayson, Hunt, Johnson, Jones, Kaufman, Parker,Rockwall, Tarrant and Wise Counties in Texas .
HIGHWAY CONSTRUCT10N 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 generally
required 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) .
llf the contract is entered I .
I into on or after ]anuary 3g,12022, or the contract is I II
I renewed or extended (e.g. , an I.1 option is exercised) on or I
1 after January 30, 2022: 1
II
II
II
II
IIII I
I if the contract was awarded on 1.
1 or between January 1, 2015 and I
1 January 29, 2022, and the 1I contract is not renewed or 1 .I extended on or after :Januaryt30, 2022:
I
I
I
I
The contractor must pay I
all covered workers at 1
least $15.00 per hour (or Ithe applicable wage rate Ilisted on this wage I
determination, if it is I
higher) for all hours Ispent performing on the 1contract in 2022. 1
Executive Order 13658 1
generally applies to the Icontract . I
The contractor must pay a111
covered workers at least I$11.25 per hour (or the 1
applicable wage rate listed Ion this wage determination, Iif it is higher) for all I
hours spent performing on Ithat contract in 2022. 1
Executive Order 14026generally applies to the
contract .
II
I
I
I
II
The applicable Executive Order minimum wage rate will beadjusted annually. If this contract is covered by one of theExecutive Orders and a classification considered necessary forperformance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request .
Additional information on contractor requirements and workerprotections under the Executive Orders is available at
DocuSign Envelope ID: 2585DC35-9F554158-B8A0-72AADIA8A335
https : //www . dol . gov/agencies/whd/government - contracts .
Modification Number Publication Datea 01/07/20221 02/25/2022
+ SUTX2011-007 08/03/2011
Rates Fringes
CONCRETE FINISHER (Paving andStructures) . . . . . . . . . . . . . . . . . . . . . .$ 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 ++Work Zone BarricadeServicer. . . . . . . . . . . . . . . . . . . .$ 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, LatticeBoom over 80 Tons . . . . . . . . . . .$
Crane, Hydraulic 80 Tonsor Less . . . . . . . . . . . . . . . . . . . . .$Crawler Tractor . . . . . . . . . . . . .$
Excavator, 50,egg poundsor less . . . . . . . . . . . . . . . . . . . . .$Excavator, over 50,agepounds . . . . . . . . . . . . . . . . . . . . . .$Foundation Drill , TruckMounted . . . . . . . . . . . . . . . . . . . . .$Foundation Drill, CrawlerMounted . . . . . . . . . . . . . . . . . . . . .$Front End Loader 3 CY orLess. . . . . . . . . . . . . . . . . . . . . . . .$Front End Loader, over 3 CY.$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 ++
16.0514.48 ++
17 . 27
20.52
18.1214.07 ++
17 . 19
16 . 99
21 . 07
17 . 99
13 . 6914.7215.18
17 . 68
14. 32
17 . 19
16 . 0213 . 63
11.0113.0811.51
12 . 9615.96
##
++
++
++
##++
++++
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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 ##
HaHn un: un= == = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
WELDERS - Receive rate prescribed for craft performingoperation to which welding is incidental.
*+ Workers in this classification may be entitled to a higherminimum 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 subject to the
Davis-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 with 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 prevailing for thecited 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) .
DocuSign Envelope ID: 2585DC35-9F554158-B8A0-72AADIA8A335
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 wereprevailing for that classification in the survey. Example :PLUM9198-005 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,605 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 July 1,2014
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 a11
rates 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 weighted averagecalculation of rates and 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, 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 the UAVG identifier indicatethat no single majority rate prevailed for thoseclassifications; however, leg% of the data reported for theclassifications was union data . EXAMPLE : UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted unionaverage rate. 0H indicates the state. The next number, 0010 inthe example, is an internal number used in producing the Hagedetermination . 08/29/2014 indicates the survey completion datefor the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January ofeach 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 can
DocuSign Envelope ID: 2585DC35-9F5541 58-B8A0-72AADIA8A335
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(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour AdministratorU.S. Department of Labor200 Constitution Avenue. N. W.
Washington, DC 20210
The request should be accompanied by a fu11 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 Labor200 Constitution Avenue, N. W.
Washington, DC 20210
4. ) All decisions by the Administrative Review Board are final.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
END OF GENERAL DECISIO"
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00 45 26CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page 1 of 1
SECTION 00 45 26
CONTRACTOR COMPLIANCE WITH WORKERS COMPENSATION LAW
Pursuant to Texas T.abot' Code Section 406.096(a), as amended, Contractor certi8es that it
provides worker’s compensation insurance coverage for all of its employees employed onNORTHWEST WATER TRANSMISSION MAIN. Contractor further ceHifies 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.
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9 CONTRACTOR:
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Mountain Cascade of Texas. LLC
Company
By, Andrew L. McCulloch
(Please Print)
5340 East US Highway 67Address
Title:
Signature
Alvarado. TX 76009
City/State/Zip
Vice President
(Please Print)
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, on this day personally appealtd
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 pulposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE thisOctober2022.day of
h a
)
37
38 END OF SECTION STORA
Notary Public. State of Texas
Comm. Expires 11-30-2024
Notary ID 13273578039
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised Novetlrlrel- 23, 2020
EfTccli\le January 1 S, 202 1
IFB No. 7968-002NORTHWEST WATER TRANSMISSION MAIN
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00 72 00GENERAL CONDITIONS
Page i of vi
STANDARD GENERAT I CONDITIONS OF THECONSTRUCTION CONTRACT
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 20. 2020
DocuSign Envelope ID: 2585DC35-9F55=1158-B8A0-72AADIA8A335
00 72 00GENERAL CONDITIONS
Page ii of vi
STANDARD GENERAL CONDITIONSOF THE CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
1
1
,....6
....7
....7
,.....7
ARTICLE 1 – DEFINITIONS AND TERMiNOLOGY . .
1.01 Defined Terms ................................
1.02 Terminology .. . .
ARTICLE 2 – PRELIMINARY MATTERS . . . . .. . . . .... .. . . . ,
2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance...
Copies ofl)ocurnents ....................................,
Before Starting Construction .........................
Preconstruction ConferenceMeeting . . . . . . . . . .
2.02
2.03
2.04
Public Meeting
Initial Acceptance of Schedules .. .
2.07 Electronic Submittals and Transmittals ..... .
ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE ..
2.05
2.06
3.01 Intent
3.02 Reference Standards .
3.03 Reporting and Resolving Discrepancies .
Requirements of the Contract Documents .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 . ..11
114.03 Delays in Contractor’s Progress.,.....................................................................
ARTICLE 5 – SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUENVIRONMENTAL CONDITIONS
5.01 Availability of Lands..........................
5.02 Use of Site and Other Areas
5.03 Subsurface and Physical Conditions . ... . . .
12
12
13
14
... 15
.. 16
17
5.04 Differing Subsurface or Physical Conditions .. ,
Underground Facilities . ..........................................
Hazardous Environmental Conditions at Site . ........ .
5.05
5.06
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 20, 2020
DocuSign Envelope ID: 2585DC35-9F5521158-B8A0-72AADIA8A335
00 72 00GENERAL CONDITIONSPage iii of vi
ARTICLE 6 – BONDS AND INSURANCE.. .
6.01 Licensed Sureties and Insurers........................ .
6.02
6.03
Performance, Payment, and Maintenance Bond
Certificates of Insurance .. ................................
6.04 Contractor’s Insurance ....................................
6.05 Acceptance of Bonds and Insurance; Option to
ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES
Replace
)n7.01 Contractor’s Means and Methods ofConstructi
7.02 Supervision and Superintendence ....................
Labor; Working Hours ....................................
Services, Materials, and Equipment .
Project Schedule...............
“Or Equals”......................,
Substitutions ...................................................,
7.03
7.04
7.05
7.06 ,.................... 24
..................... 257.07
7.08 Concerning Subcontractors and Suppliers . ...... .
Wage Rates
Patent Fees and Royalties ..
Permits and Utilities ........................................
7.09
7.10
7.11
7.12 Taxes ..............................................
7.13
7.14
Laws and Regulations ..
Record Documents . .......................
7.15 Safety and Protection .....................................
7.16
7.17
Hazard Communication Programs .. .
Emergencies and/or Rectification . .,........,.,......
Submittals .7.18
7.19 Continuing the Work...........................
Contractor’s General Warranty and Guarantee .7.20
7.21 Indemnification . . .
Delegation of Professional Design Services . . ... .
Right to Audit ..................................,
Nondiscrimination. .. ..........................
7.22 ,..... 36
..... 36
..... 37
..... 37
,..... 37
38
7.23
7.24
ARTICLE 8 – OTHER WORK AT THE SITE
8.01
8.02
Other Work......................,
Coordination . ...................,
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 20, 2020
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00 72 00GENERAL CONDITIONS
Page iv of vi
8.03 Legal Relationships................................
ARTICLE 9 – CITY’S RESPONSIBILITIES .....,. .
38
39
9.01 Communications to Contractor . .... . . . . . . . . . .
Furnish Data ..........................................
39
9.02 39
9.03 Pay When Due ...............................................
Lands and Easements; Reports, Tests, and Drawings ............. ,
39
9.04 39
39Change Orders .......................................
Inspections, Tests, and Approvals. . . . . . . . . . .
Limitations on City’s Responsibilities . .
9.08 Undisclosed Hazardous Environmental Condition ...... .... . ... . ... . . .
9.09 Compliance with Safety Program
ARTICLE 10 – CITY’S OBSERVATION DURING CONSTRUCTION .
10.01 City’s Project Manager or Duly Authorized Representative ... .10.02 Visits to Site..........................................................................
9.05
9.06 39
9.07 39
39
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40
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Determinations for Work Performed......................................
10.04 Decisions on Requirements of Contract Documents and Acceptability of Work
ARTICLE 1 1 – CHANGES IN THE WORK; CLAIMS; EXTRA WORK...................................
11.01 Amending and Supplementing the Contract . ......... ,
11.02 Execution of Change Orders . .. ,
10.03 40
40
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11.03
11.04
Field Orders .....................................................
Authorized Changes in the Work – Extra Work
Unauthorized Changes in the Work .....
Dispute of Extra Work. ...... .
Contract Claims Process . ... .
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11.05 41
11.06 42
11.07 42
11.08 Change of Contract Price ... .43
11 .09 Change of Contract Time.... ,
11.10 Notification to Surety ......................................................................................................... 44
ARTICLE 12 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITYMEASLIREMENT ................................................................................................................................ 45
12.01 Costofthe Work ................................................................................................................ 45
12.02 Allowances ........................................................................................................................ 48
44
12.03
Plans Quantity Measurement for Unclassified Excavation or Embankment ... .
Unit Price Work ................48
12.04 49
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 20, 2020
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00 72 00GENERAL CONDITIONS
Page v of vi
ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCEDEFECTIVE WORK .........................................................................................,. 50
13.01 Access to Work ............,. 50
,. 5013.02 Tests, Inspections
Defective Work . .......... .13.03 ,.51
Rejecting Defective Work ............................................................................................
Acceptance of Defective Work
Uncovering Work ,
13.07 City May Stop the Work.........................................
13.08 City May Correct Defective Work . .. ,
ARTICLE 14 – PAYMENTS TO CONTRACTOR; COMPLETION; CORRECTION PERIOD..... .
13.04
13.05
,.51
,. 52
13.06 ,. 52
,. 52
,. 53
,. 53
14.01 Progress Payments .. .
Contractor’s Warranty of Title... ... ................... .
,. 53
14.02 ,.. 56
14.03 Partial Utilization ,.. 56
14.04 Final Inspection.. .
Final Acceptance .......,...........................................................................................,
Final Payment .......................................................................................................,
Final Completion Delayed and Partial Retainage Release.......................................,
Waiver of Claims ...................................................................................................
14.05 ........ 57
14.06 ,....... 57
14.07 ,....... 58
,....... 5814.08
14.09 Correction Period
ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION
.... 58
....... 59
City May Suspend Work .......................................
15.02 City May Terminate for Cause...............................
15.03 City May Terminate for Convenience ....................
ARTICLE 16 – FINAL RESOLUTION OF DISPUTES ....
16.01 Methods and Procedures
15.01 ,....... 59
,....... 60
,....... 61
.... 63
63
ARTICLE 17 – MISCELLANEOUS
17.01 Giving Notice . .
17.02 Computation of Times ............................................................................................17.03 Cumulative Remedies............................................................................................
17.04 Limitation ofl)amages ..................................................................
.... 64
....... 64
64
17.05 No Waiver. .
Survival of Obligations.,,,.,.,..........................................................
Assignment of Contract . . . .
17.06
17.07
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 20, 2020
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00 72 00GENERAL CONDITIONS
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17.08
17.09
Successors and Assigns ............,. 65
65Headings
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 20, 2020
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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 wordsdenoting 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. HddencJa–Written or graphic instruments issued prior to the opening of Bids whichclarify, correct, or change the Bidding Requirements or the proposed ContractDocuments.
2.Zgreemenf–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 friable or is
releasing asbestos fibers into the air above current action levels established by the UnitedStates 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 theprices 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 Documeltts–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 forProposal rather than an Invitation for Bid.
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 to include the terms “Proposal
Requirements” in those instances where the City utilizes a Request for Proposal rather
than an Invitation for Bid and will include the Request for Proposal or Invitation to
Offerors, Instructions to Offerors, Offerors Bond or other Proposal security, if any, theProposal Form, and the Proposal with any attachments.
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 20, 2020
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00 72 00GENERAL CONDITIONS
Page 2 of 65
10. Business Day–A day that the City conducts normal business, generally Monday through
Friday, except for federal or state holidays observed by the City.
11.
12.
Calendar Day–A day consisting of 24 hours measured hom midnight to the next
midnight.
Change Order–N document which is prepared by the Contractor or City, approved by
the City, and signed by Contractor and City, authorizing an addition, deletion, or revisionin the Work or an adjustment in the Contract Price or the Contract Time, issued on or
after the Effective Date of the Agreement.
13.
14.
car–The City of Denton is, a Texas home-rule municipal corporation acting by its CityCouncil through its City Manager or his or her designee.
City l4£forney–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.
Confracf–The entire and integrated set of written instruments between the City andContractor 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. A demand for money or services by a third party is not a Contract Claim.
Contract Documents–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.
21. 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.
22. Contractor–The individual or entity with whom City has entered into the Agreement.
23. Cost of the Work–See Paragraph 12.01 of these General Conditions for definition.
24. Damage C/aims–A demand for money or services arising from the Project or Site froma third party, City or Contractor exclusive of a Contract Claim.
25. Day or day–A day, unless otherwise defined, shall mean a Calendar Day
26. Drawings–The part of the Contract Documents prepared or approved by an Engineer
that graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Submittals, as defined, are not considered Drawings as so defined here.
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 20, 2020
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00 72 00GENERAL CONDITIONS
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27. Effective Date of the agreement–The date, indicated in the Agreement, on which it
becomes 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 Document–Any Project-related correspondence, attachments to
correspondence, text, data, documents, drawings, information, or graphics, including but
not limited to Shop Drawings and other Submittals, that are in an electronic or digitalformat
29.Electronic A/earls–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 the
recipient; (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 Stateof Texas performing professional services for the City.
31. Extra Work–Additional work made necessary by City-approved changes or alterations
to the Contract Documents. Extra Work shall be part of the Work.
32. Field Order–N written directive issued by City that requires changes in the Work but
does not involve a change to the Contract Price, Contract Time, or Drawings, Plan, or
Shop Drawings.
33. Final acceptance–The written notice given by the City to the Contractor that the Work
specified in the Contract Documents has been completed to the satisfaction of the City.
34. Final Inspection–The inspection performed by the City to determine whether the
Contractor has completed 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 topersons 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.
39.
Incidental or incidental–Work items that the Contractor is not paid for directly, but costs
for which are included under the various bid items of the Project,
Laws and Regulations–Any and all applicable laws, statutes, rules, regulations,
ordinances, codes, and binding decrees, resolutions, and orders of any and all
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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. Major //em–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.
42. Milestone–h 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/,4 ward–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 to Proceed–N 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. PCBs–Polychlorinated biphenyls.
46.Pefro/eum–Petroleum, including crude oil or any fraction thereof which is liquid at
standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds
per square inch absolute), and including but not limited to oil, fuel oil, oil sludge, oil
refuse, gasoline, diesel fuel, kerosene, and oil mixed with other non-Hazardous Wasteand crude oils.
47. Plans–This term will have the same definition of as “Drawings”.
48. Project –The Work to be performed under the Contract.
49. Project A/anager–The authorized representative of the City who will be assigned to the
Project .
50. Project A/antIa/–The documentary information prepared for bidding or proposing and
furnishing the Work.
51. Project Schedule–N 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/7/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 of Submittals–A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements toto support scheduled performance of relatedconstructIon actrvrtres.
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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 orinformation that are specifically prepared or assembled by or for Contractor and
submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whetherapproved or not, are not Drawings and are not Contract Documents.
57. SIre–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.SpecifIcations or Technical SpecifIcations –The part of the Contract that consists of
written requirements for materials, equipment, systems, standards, and workmanship as
applied to the Work, and certain administrative requirements and procedural matters
applicable to the Work. Specifications may be specifically made a part of the ContractDocuments 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–Nn 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–N\\ drawings, diagrams, illustrations, schedules and other data or informationwhich 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 subsidiary–These terms wi// 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 Proposal 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 00 73 00 that
amends or supplements these General Conditions.
65. Supplier–N manufacturer, fabdcator, 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 optic
transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid
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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 as 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 principal 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.
B.
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.
Intent of Certain 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, the 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 Contract 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 any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
3. has been damaged prior to City’s written notice of Final Acceptance.
D.Furnish, Install, Perform, Provide
1. The word “furnish,” when used 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.
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2.
3.
4.
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.
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 specific
services, materials, or equipment, but do not expressly use any of the four words
“fumish,” “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 Payment 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
Govemment 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 starting 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 of Submittals.
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.
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2.04 Preconstruction Meeting
A.Before any Work at the Site is started, the Contractor shall attend a Preconstruction Meetingas 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.
Initial Acceptance of Schedules2.06
A.No progress payment shall be made to Contractor until acceptable Project Schedules are
submitted to City in accordance with the Contract Documents.
2.07 Electronic Submittals 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 hardwarediffering 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 be constructed in
accordance with the Contract Documents. Any labor, documentation, 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 called 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 Contractorshall,” “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
provisions may appear in various parts of a section or articles within a part depending on the
format of the section. The Contractor shall not take advantage of any variation of form, format
or style in making Contract Claims or Damage Claims.
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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 underthe 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
Standards Specifications, Codes, Laws and Regulations
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.
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 of
CityCity, Contractor, or any of their subcontractors, consultants, agents, or employeesfrom those set forth in the Contract Documents. No such provision or instruction shall be
effective to assign to City or any of its officers, elected or appointed officials, directors,
members, partners, employees, agents, consultants, or subcontractors, any duty or
authority to supervise or direct the performance of the Work or any duty or authority toundertake responsibility inconsistent with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A.Reporting Discrepancies
Contractor ’s Verification of Figures and Field Measurements-. Before undertaking each
part of the Work, Contractor shall carefully study the Contract Documents, and checkand verify pertinent figures and dimensions therein, particularly with respect 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.
Contractor’s Review of Contract Documents'. If, before or during the performance of the
Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within theContract Documents, or between the Contract Documents and (a) any applicable Law or
Regulation, (b) actual field conditions, (c) any standard specification, manual, referencestandard, 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 supplement 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.
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B.Resolving Discrepancies
1. Except as may be otherwise specifically stated in the Contract Documents, the provisionsof 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
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.
A
City will, with reasonable promptness, render a written clarification, interpretation, or decisionon 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
other documents (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 on extensions of the Project or any
other 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 anysuch Contract Documents for any purpose without City’s express written consent, or
violate any copyrights pertaining to such Contract Documents.
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.
B.
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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 shall
be liable only to the extent allowed by the provisions of the Contract and as allowed by
Subchapter I, Chapter 27 1 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 attributable to and within the control of a Subcontractor or Supplier shall bedeemed to be within the control of Contractor.
C.The Contractor shall receive no compensation for delays or hindrances to the Work, except
when 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 Contractor shall be entitled to an equitable adjustment inContract 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 prompt submission of a request for an adjustment to the Contract Time
under this Paragraph to the City. Causes of delay, disruption, or interference that may give rise
to an adjustment in Contract Time under this Paragraph include but are not limited to the
following:
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 other third-party entities performing other work at or
adjacent to the Site as arranged by or under contract with City, as contemplated in
Article 8); and
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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 of
Article 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.
2.
3.
4.
5.
6.
The circumstances that form the basis for the requested adjustment;
The date upon which each cause of delay, disruption, or interference began to affect the
progress of the Work;
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 interference, 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 from
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, together with the provisions of Paragraphs 4.03.F and 4.03.G.
ARTICLES-SITE; SUBSURFACE ANDENVIRONMENTAL CONDITIONS PHYSICAL CONDITIONS; HAZARDOUS
5.01 Availability of Lands
A. City shall fbmish the Site. City shall notify Contractor in writing of any encumbrances or
restrictions not of general application but specifically related to use of the Site with which
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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 ProjectSchedule 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.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 beperformed.
C. 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.Contractor shall confine construction equipment, temporary construction 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 equipment. 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 other adjacent land orareas, 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 theWork 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, rightof-way, or easement greater than
is necessary for proper execution of the Work, the City may require the Contractor to
reduce the area impacted 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.
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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 free 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, theContractor fails to correct the unsatisfactory condition and/or procedures, the City may take
such direct action as the City deems appropriate to correct the clean-up deficiencies cited to
the 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 Siteand the Work and make it ready for utilization by City and any adjacent property owners, if
applicable. At the completion of the Work, Contractor shall remove from the Site and adjacent
areas all tools, appliances, construction equipment and machinery, surplus materials, waste
materials, rubbish and other debris and shall restore to original condition or better all areas
impacted or disturbed by the Work.
Loading of Structures: Contractor shall not load nor permit any part of any structure to be
loaded in any manner that will endanger the structure, nor shall Contractor subject any part of
the Work or adjacent structures or land to stresses or pressures that will endanger them.
E.
5.03 Subsurface and Physical Conditions
A.Reports and Drawings: The Supplementary Conditions identify:
1. Those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. Those drawings known to City of existing physical conditions at or contiguous to the
Site, including those drawings known 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,
pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03. A.
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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 andprograms incident thereto; or
2.
3.
other data, interpretations, opinions, and information contained in such reports or shownor 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 Contractor: if Contractor believes that any subsurface 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 any Work in connection therewith
(except in an emergency as required by Paragraph 7. 17), notify City in writing about suchcondition.
B.Possible Price and Time Adjustments
1. Contractor shall not 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 made a
final commitment to City with respect to Contract Price and Contract Time by thesubmission of a Bid or becoming bound under the Contract; or
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b. The existence of such condition reasonably could have been discovered or revealed
as 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.
Underground Facilities; Hazardous Environmental Conditions: 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.
C.
5.05 Underground Facilities
A.Shown or Indicated I 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.
b.
C.
reviewing and checking all information and data;
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;
coordination and adjustment of the Work with the owners (including City) of such
Underground Facilities, during construction; and
d. 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 I
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 before
further disturbing conditions affected thereby or performing any Work in connection
therewith (except in an emergency as required by Paragraph 7. 17), identify the owner of
such Underground 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 Order
may be issued to reflect and document such consequences, subject to the provisions of
Article 11.
3. Verification of existing utilities, structures, and service lines shall include notification of
all utility companies a minimum of 48 hours in advance of construction including
exploratory excavation if necessary.
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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 been
identified at the Site.
B.ReIIance by Contractor on Technical Data: Contractor is provided certain technical data
identified in the Supplementary Conditions with respect to such reports and drawings for itsuse, 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 notmake 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 Contractor, and safety precautions and
programs incident thereto; or
2. other data, interpretations, opinions, and information contained 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 Site; 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 identified in the Contract Documents to be within the scope
of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created
by the actions of or with any materials brought to the Site by Contractor, Subcontractors,
Suppliers or anyone else for whom Contractor is responsible and the costs associated with the
same
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
D
the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates
a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or
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
any
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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 untilafter City has obtained any required permits related thereto, and delivered written notice to
Contractor 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 whichsuch Work may be resumed.
F.If, after receipt of such written notice, Contractor does not agree to resume such Work based
on 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 such
condition to be deleted from the Work and the Contract Price. City may have such deletedportion 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 ENVIRONMENTAL 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 orauthorized 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 Price, as security for the faithful
performance and payment 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 the
Contractor beginning any Work.
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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 theContract 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.
All bonds shall be in the form prescribed by the Contract Documents, except as provided
otherwise 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. A
bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of thatindividual’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.
C.
D.If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or
the surety ceases to meet the requirements above, or its right to do business is terminated inthe State of Texas, then Contractor shall promptly notify City in writing and shall, within 30
days after the event giving rise to such notification, provide another bond and surety, both of
which must comply with the bond 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 exercise 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 ofthe Work, Contractor shall provide a copy of the payment bond to such person or entity.
6.03 CertifIcates of Insurance
A.Contractor shall deliver to City, with copies to each additional insured and loss payee
identified in the Supplementary Conditions, certificates of insurance and endorsements (and
other evidence of insurance requested by City or any other additional insured) establishing
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. The certificate of insurance shall document the City, and all identified entities named in
the Supplementary Conditions as “additional insureds” on all liability policies.
2.
3.
4.
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.
The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed
in the current A.M. Best Property & Casualty Guide.
The insurers for all policies must be licensed and/or approved to do business in the State
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 equivalent
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financial strength and solvency to the satisfaction City. If the rating is below that
required, written approval of City is required.
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 theSupplementary Conditions
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.
5.
6.
7.
8.
If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of
the 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 certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage 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 therequired 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 additional insurance coverage
the contract price shall be adjusted by the cost of the premium for such additionalcoverage plus 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-fundingwill also require the written approval of the City.
10.
11.
12.
Any deductible in excess 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.
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, court
decision or the claims 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 incorporated into the Work by Change Order,
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13.City shall be entitled, upon written request to Contractor and without expense to City, to
receive 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 required
where 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 Texas
Workers’ 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 provideprotection 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 of the Work, or by anyone forwhose acts any of them may be liable:
1. claims under workers’ compensation, disability benefits, and other similar employeebenefit acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or deathof employees.
Commercial General 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 insured contract, and explosion/collapse/underground (where those
exposures exist). Insurance shall be provided on an occurrence basis, and as comprehensiveas 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 premises/operations, products/completed operations, contractual,
personal injury, or advertising injury, that are normally contained with the policy, unless the
City 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 minimum of noless than three (3) years following the completion of the project (if identified in the
Supplementary Conditions)).
B.
C.Automobile Liability. A commercial business auto policy shall provide coverage on “anyauto”, 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 worK maintenance or use of any motor vehicle by the Contractor, any
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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 or
insurance required to be purchased and maintained by the Contractor in accordance with
Article 6 or the Supplementary Conditions 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 Documentsis 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 Contractor’s Means and Methods of Construction
A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and
procedures of construction.
B.If the Contract Documents note, or Contractor determines, that professional engineering or
other design services are needed to carTy 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 under
this 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 professionals retained or employed by Contractor, (3) the performance of suchservices, 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
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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 superintendentwith another satisfactory to City.
Contractor shall notify the City 24 hours prior to moving areas during the sequence ofconstructron.
C.
7.03 Labor; Working Hours
A. 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.
B. 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 furnishing 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. for Work beyond regular working hours on Business Days, request must be made by
noon at least two (2) Business Days prior;
2. 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
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, telephone, water, sanitary
facilities, temporary facilities, and all other facilities and incidentals necessary for the
performance, Contractor required testing, start up, and completion of the Work, whether or
not such items are specifically called for in the Contract Documents.
All materials and equipment incorporated into the Work shall be as specified or, if not
specified, shall be of sufficient quality to complete the Work, and must be new and of good
quality, except as otherwise provided in the Contract Documents. All special warranties and
guarantees required by the Specifications shall expressly run to the benefit of City. If required
by City, Contractor shall furnish satisfactory evidence (including reports of required tests) asto the source, kind, and quality of materials and equipment.
All materials and equipment to be incorporated into the Work shall be stored, applied,
installed, connected, erected, protected, used, cleaned, and conditioned in accordance with
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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 biG 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.
3.
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.
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 is
specified 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
fbrnishing such item as specified. 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 that no like, equivalent, or “or equal”
item is permitted, Contractor may request that City permit the use of other items of equipmentor material, or items from other proposed Suppliers, under the circumstances described below.
1.If City in its sole discretion determines that an item of equipment or material proposed
by Contractor is functionally equal 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.
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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-. 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.
E.
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.
Treatment as a Substitution Request: if City determines 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 may 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, assupplemented by the Specifications, and as City may decide is appropriate under thecrrcumstances.
3.Contractor shall make written application to City for review of a proposed substitute item
of equipment or material that Contractor seeks to furnish or use. The application shall
comply with Section 01 25 00 and:
a.will certify that the proposed substitute item will:
1) perform adequately the functions and achieve the results called for by the
general design;
2)be substantially similar in substance to the item specified; and
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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 Contract
Time;
2) whether use of the proposed substitute item in the Work will require a change
in 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 directly or
indirectly from use of such substitute item, including but not limited to changes in
Contract Price, shared savings, costs of redesign, and Damage Claims of other
contractors affected by any resulting change.
B.City ’s Evaluation and Deterrnination'. City will be allowed a reasonable time 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 Contractor in writing 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 Contractor, Contractor shall reimburse City for evaluating each such proposed
substitute. Contractor shall also reimburse City for the charges for making changes in the
Contract Documents (or in the provisions of any other direct contract with City) resulting from
the acceptance of each proposed substitute.
E.Contractor ’s Expense: Contractor shall provide all data in support of any proposed substitute
at Contractor’s expense.
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F. City Substitution Reimbtrrsement'. 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 under
any 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 ofparts 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 orentities for the performance of designated parts of the Work , and will provide such
requirements in the Supplementary Conditions.
Contractor 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 acts 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.
2.
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
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, whether initially or as a
replacement, will constitute a waiver of the right of City to the completion of the Work in
accordance with the Contract Documents, Contract Price and Contract Time.
G. Contractor shall be solely responsible for scheduling and coordinating the tasks of
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any ofthe Work under a direct or indirect contract with Contractor
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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 obligations.
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 in
this Contract.
7.09 Wage Rates
A.Duty to pay Prevailing Wage Rates I The Contractor shall comply with all requirements of
Chapter 2258, Texas Govemment 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 rates
in 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 860 for each worker employed for
each calendar day or part 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 Determination of Good Cause: On receipt of information,
including a complaint by a worker, concerning an alleged violation of Section 2258.023, Texas
Government Code, by a Contractor or Subcontractor, the City shall make an initial
determination, before the 31st day after the date the City receives the information, as to
whether good cause exists to believe that the violation occurred. The City shall notify in
writing the Contractor or Subcontractor and any affected 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 the
claimant or claimants as the difference between wages paid and wages due under the
prevailing wage rates, such amounts being retained from successive progress payments
pending a final determination of the violation.
D.Arbitration Required ( Violation Not Resolved: An issue relating to an alleged violation of
Section 2258.023, Texas 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 the
persons required 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 binding on all parties and may be enforced in any court of
competent jurisdiction.
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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 Work
provided 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 I The Contractor shall include in its subcontracts and/or shall
otherwise require all of its Subcontractors to comply with Paragraphs 7.09. A through 7.09.G.
7.10 Patent Fees and Royalties
A.Contractor shall pay all patent or license fees and royalties and pay all costs incident to the use
in 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 others.
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 copyrights 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 AND
ALL 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 ANYINVENTION, DESIGN, PROCESS, PRODUCT, OR DEVICE.
7.11 Permits and Utilities
A.Contractor obtained permits and licenses. Unless otherwise expressly provided in the Contract
Documents, Contractor shall obtain and pay for all construction permits and licenses. City
shall provide reasonable assistance to Contractor, if necessary, in obtaining such permits and
licenses. Contractor shall pay all governmental charges and inspection 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 permanent service to the Work.
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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. Itwill 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 any
cost associated with the requirements of any City acquired permit. The following are permitsthe 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 beacquired 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 permits and licenses.
7.12 Taxes
A.On issuance of a Notice of Award by 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 Supplier 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/tdxinfo/taxforms/93-forms.html
7.13 Laws cmd 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 Contractor performs any Work or takes any other action knowing or having reason to know
that it is contrary to Laws and Regulations, Contractor shall be liable for all resulting claims,
costs losses, and damages, and shall indemnify and hold harmless City, and its officers, elected
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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 orrelating to such Work or other action.
C.Changes in Laws and Regulations not known at the time of 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 ofan 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 andclarifications, and approved Shop Drawings. Contractor shall keep such record documents in
good order and annotate them to show changes made during construction. Contractor shallinclude 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 Work and for 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 andsupervision 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
protection 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,
pavements, roadways, structures, other work in progress, utilities, and UndergroundFacilities not designated for removal, relocation, or replacement in the course ofconstruction.
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 Contractor, any Subcontractor, Supplier,
or any other individual or entity directly or indirectly employed by any of them to perform any
of 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 safety of
persons or property, or to the protection of persons or property from damage, injury, or loss;
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and shall implement, erect and maintain all necessary safeguards for such safety and
protectron.
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, when
Contractor 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.
I . 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.
J. 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 data 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 with
Laws and Regulations.
7.17 Emergencies and/or RectifIcation
A.In the event of threatened or actual emergencies 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 emergency 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 necessary to conform with the requirements of the Contract
Documents, the City shall give the Contractor written notice that such work or changes are
to be performed. The written notice shall direct attention to the discrepant condition and
request the Contractor to take remedial action to correct the condition. In the event the
Contractor does not take proper action within 24 hours 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 an amount equal to
the entire cost for such remedial action, plus 25% from any funds due or to become due the
Contractor on the Project.
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1 18 Submittals
A.Submittal Procedures for Shop DrawIngs and Samples I 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. Contractor shall submit the Submittals in accordance with Section 01 33 00 of the General
Requirements.
2. 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. Submittals reviewed and accepted by City for conformance with the design concept shall
be executed in conformity with the Contract Documents unless otherwise required byCity
4. When Submittals are submitted for the purpose of showing the installation in greater
detail, their review shall not excuse Contractor from requirements shown on the Drawings
and Specifications.
5. 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.Contractor shall submit the required number of Samples specified in the Specifications.
7. 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.
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.
B.
C.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 bythe Submittals will, after 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 not indicate approval of the
assembly in which the item functions.
City’s review and acceptance of a Submittal will not relieve Contractor from
responsibility for any variation from the requirements of the Contract Documents unless
Contractor has complied with the requirements of Section 01 33 00 of the General
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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.
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.
8. 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 ProjectSchedule 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 Contractormay 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 appointedofficials, 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 thanContractor, 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 toperform the Work in accordance with the Contract Documents, or a release of Contractor’s
warranty and guarantee under this Paragraph 7.20:
1. Observations by Engineer or City;
2.
3.
4.
5.
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;
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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 therekom 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 Indemniftcation
A.CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY. HOLDHARM,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 OUT 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 INDEMNIFI(,'ATIONPROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVEEVEN IF IT 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 HOLDHARMIIESS, 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 BEINGSOUGHT WERE CAUSED. IN WHOLE OR IN PART. BY ANY ACT, OMISSION OR’ TIl$6 OR APPOIF8mOFFICIALS, EMPLOYEES. AGENTS. CONSULTANTS OR SUBCONTRACTORSOR ATWONE DIRECTLY OR INDIRE(,'TLY EMPLOYED BY THEM.
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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 such
services 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. Contractorshall 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 upon the 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 thefollowing limited purposes:
1. Checking for conformance with the requirements of this Paragraph 7.22;
2. Confirming that Contractor (through its design professionals) has used the performance
and design criteria specified in the Contract Documents; and
3. 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 computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and
other evidence pertaining 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. Further, the Contractor shall also require all
Subcontractors, material suppliers, and other payees to retain all books, records, documents
and other evidence pertaining to the Contract, and to allow the City similar access to 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
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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 Contractorwithin ave (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 (FTA), 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 ofTitle EZ 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.
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 to
starting any such other work, if such other work is not noted in the Contract Documents.
B.
C. Contractor shall afford proper and safe access to the Site to each contractor that performs such
other 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 cutting, 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 written 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 workE
performed by others, Contractor shall inspect such other work and promptly report to City inwriting any delays, defects, or deficiencies in such other work that render it unavailable or
unsuitable for the proper execution 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
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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 without
having 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 .
Coordination8.02
A.If City intends to contract with others for the performance of other work at or adjacent to the
Site, 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. The identity of the individual or entity that will have authority and responsibility for
coordination of the activities among the various contractors;
2. An itemization of the specific 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 ownerperforming 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.
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 or
adjacent 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 officers, 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.
B.
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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.
B.
City’s duties with respect to providing lands and easements are set forth in Paragraph 5.01.
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 with respect to Change Orders 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 in
Paragraph 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 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 Regulations applicable to the performance of the Work. City will not beresponsible 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 specificapplicable requirements of Contractor’s safety programs of which City has been informed in
advance in writing pursuant to Paragraph 7.15.
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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 construction
period. The duties and responsibilities and the limitations of authority of City’s Project
Manager or duly appointed representative 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 Pisits fo 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 in
accordance 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 forth
in 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, control, 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 Regulations 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 with
Contractor the preliminary determinations on such matters before rendering a written
recommendation. 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 interpreter 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.
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ARTICLE 11 - CHANGES ININ THE WORK; CLAIMS; EXTRA WORK
11.01 Amending and Supplementing the Contract
A. The Contract may be amended toto provide for additions, deletions, and revisions in the Work
or 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.
B. 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 be
authorized, 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 time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall
proceed with the Work involved only upon receiving written notice from City. Extra Work
will be performed under the applicable conditions of the Contract Documents (except as
otherwise specifically provided). Extra Work shall be memorialized by a Change Order whichmay or may not precede an order of Extra Work.
B.For minor changes of Work not requiring changes to Contract 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
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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 keep
accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work
shall be made pursuant to Paragraph 11.07.
B. The Contractor shall furnish the City such records of all deviations korn the original ContractDocuments as may be necessary to enable the City to prepare for permanent record a corrected
set of plans showing the actual work performed.
C.The compensation agreed upon for Extra Work whether or not initiated by a Change Order
shall be the full, complete and final payment for all charges, fees and costs Contractor incursas 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 orunchanged 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 to 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 such 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 start of the event giving rise thereto
(unless the City notifies Contractor in writing that City will allow additional time for
Contractor to submit additional or more accurate data in support of such Contract Claim).
A Contract Claim for an adjustment in Contract Price shall be prepared in accordance
with the provisions of Paragraph 11.08.
3.
4.
5.
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 entire adjustment to which the Contractor believes it is entitled
as a result of said event.
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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).
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:
C.
1.deny the Contract Claim in whole or in part;
2. approve the Contract Claim; or
3. 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 farther
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 orContractor 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 Contract 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:
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);
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
foreseeable at the time of pricing the cost of Extra Work; 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 1 1.08.C).
C.Contractor ’s Fee', The Contractor’s fee for overhead and profit will be determined 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:
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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.aand 11.08.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15
percent of the costs incurred under Paragraphs 12.01.B.1, 12.01.B.2, and12.01.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 than 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 will 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 show by critical path method analysishow 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 provisions of the Contract Documents (including, but not
limited to, Contract Price or Contract Time), the giving of 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.
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ARTICLE 12 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITYMEASUREMENT
12.01 Cost of the Work
A. Purposes for Determination of Cost of the Work'. The term “Cost of the Work” means the sum
of 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.
2.
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
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, thecosts 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 costsfor employees not employed fall 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 security contributions, unemployment, excise,
and payroll taxes, workers’ compensation, health and retirement benefits, sick leave, and
vacation and holiday pay applicable thereto. The expenses of performing 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
authorized 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
agreements. and the Contract Documents. The rental of any such equipment, machinery,
or parts shall cease when the use thereof is no longer necessary for the Work.
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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, testinglaboratories, 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.
b.
The proportion of necessary transportation, travel, and subsistence expenses of
Contractor’s employees incurred in discharge of duties connected with the Work.
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 described 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.
e Losses and damages (and 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 willfhl 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. Such losses include settlements made 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 determining Contractor’s
fee
f.The cost of utilities, fuel, and sanitary facilities at the Site.
g. Minor expenses such as communication service at the Site, express and courier
services, and similar petty cash items in connection with the Work.
h. The costs of premiums for all bonds and insurance that Contractor is required by the
Contract Documents to purchase and maintain.
C.Costs Excluded I The term Cost of the Work does not include any of the following items:
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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.
4.
Any part of Contractor’s capital expenses, including interest on Contractor’s capital
employed for the Work and charges against Contractor for delinquent payments.
Costs due to the acts, omissions, 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, including but not limited to, the correction of defectiveWork, 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 Documents 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 forth in
Paragraph 11.08.C.
2. When the Work as a whole is performed 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.Documentation and Audit-. Whenever the Cost 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 normal 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 period of 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.
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12.02 Allowances
A. 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.
B.Cash Allowances: Contractor agrees that:
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 inthe Contract Price and not in the allowances, and no demand for additional payment for
any of the foregoing will be valid.
C.
D.
Contingency Allowance'. Contractor agrees that a contingency allowance, if any, is for the sole
use of City.
Prior to fInal payment, an appropriate Change Order will be issued to reflect actual amountsdue 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 Unit Price Work multipliedby the estimated quantity of each item as indicated in the Agreement.
The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of
the actual quantities and classifications of Unit Price Work performed by Contractor will be
made by City subject to the provisions of Paragraph 10.03.
Each unit price will be deemed to include an amount considered by Contractor to be adequate
to cover Contractor’s overhead and profit for each separately identified item. Work described
in the Contract Documents, or reasonably 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 of incidental work included as part of the unit price.
B.
C.
D.Adjustments in Contract Price
1. City may make an adjustment in the Contract Price in accordance with Paragraph 11.08if
a. the 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.
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E.Increased or Decreased Quantities: The City reserves the right to order Extra Work in
accordance with Paragraph 11.04.
1.
2.
3.
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
unrt prrce.
If the changes in quantities or alterations materially and significantly change the characterof 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 Extra
Work 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 hom that in the Contract; or
b. a Major Item of work varies by more than 25% from the original Contract quantity.
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%.
5.
6. When the quantity of work to be done under any Major Item of the Contract is less than
75% 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” for specific Items) from the total estimated
quantity for an individual Item originally shown in the Contract Documents, an adjustmentmay 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, orto correct an error, or to correct an error on the plans, the plans quantity will be increased or
decreased by the amount identified in the approved change, and the 25% variance provisionsof Paragraph 12.04.B will apply to the new plans quantity.
D.If the total Contract quantity multiplied by the unit price bid for an individual Item is less than
8250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plansquantity Item if the City and Contractor agree in writing to fix the final quantity as a plans
quantrty.
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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 ACCEPTANCE 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.
B.
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 inspections and tests.
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 for arranging and obtaining such inspections, tests, or
approvals, pay all costs in connection therewith, and fhmish City the required certificates ofinspection, testing or approval, except that those fees specifically identified in the
Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR)
inspections, 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 in the Work.
Such inspections and tests will be performed by independent inspectors, testing laboratories,
or other qualified individuals or entities acceptable to City.
City may arrange for the services of an independent testing laboratory (“Testing Lab”) to
perform any inspections or tests (“Testing”) for any part of the Work, as determined solely byCity
D.
1.City will coordinate such Testing to the extent possible, with Contractor;
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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. Any amounts owed for any retest under this Section 13.02.D shall be paid directly to the
Testing Lab by Contractor. City will forward all invoices for retests to Contractor.
4. 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, uncover
such 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 Work, shall remove the defective Work
from the Project and replace it with Work 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 obligations 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 Rejecting Defective Work
A. City will have authority to reject Work which City believes to be defective or will not produce
a completed Project that conforms to the Contract Documents or that will prejudice the
integrity of the design concept of the completed Project as a ftmctioning whole as indicated
by the Contract Documents. City will have authority to conduct special inspection or testing
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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, attorneys, 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 prior
to 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 (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or dispute resolution
costs) arising out of or relating to such uncovering, exposure, observation, inspection,
and testing, and of satisfactory replacement or reconstruction (including but not limitedto 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 suitable
materials 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 cause for such order has been corrected or
eliminated; however, this right of City to stop the Work will not give rise to any duty on the
part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier,
any other individual or entity, or any surety for, or any employee or agent of, any of them.
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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 Contractor, 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 charges of
engineers, architects, attorneys, and other professionals and all court, or arbitration or otherdispute 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 in Paragraph
2.03 will serve as the basis for progress payments and will be incorporated into a form of
Application 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-based Work will be based on Costof the Work completed by Contractor during the pay period.
B.Applications for Payments
Contractor is responsible for providing all information as required to become a vendor of
the City.
At least 20 days before the date established in the General Requirements for each progress
payment (but not more often than once a month), Contractor shall submit to City for
review an Application for Payment 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.
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3.If payment is requested on the basis of materials and equipment not incorporated in the
Work 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 ofthe 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 of Applications
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 Contractor
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 results of anysubsequent 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 not 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 of the 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
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may revise or revoke any such payment previously made, to such extent as may be
necessary to protect City from loss because:
a. the Work is defective, or the completed Work has been damaged by the Contractor
or his subcontractors, requiring correction or replacement;
b. there are discrepancies in quantities contained in previous applications for payment;
C.
d.
e.
f.
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 I 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 the 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 from
Contractor’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 has 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 remove or remediate 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;
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g.
h.
i.
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;
I. 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 requested, City will give Contractor
written notice stating the reasons for such action and promptly pay Contractor any amount
remaining 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 equipment covered
by any Application for Payment, whether incorporated in the Project or not, will pass to City
no later than the time of payment free and clear of all Liens.
14.03 Partial Utilization
A.Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the 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 writing
to of any such part of the Work which City determines to be ready for its intended 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 the
Work ready for its intended use.
Within a reasonable time after notification as enumerated in Paragraph 14.03, City and
Contractor shall make an inspection of that part of the Work to determine 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 by City will not constitute Final Acceptance by City.
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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 this 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 Payment must be accompanied (except as previously delivered)
by
a. all documentation called for in the Contract Documents, including but not limited to
the evidence of insurance required by Paragraph 6.03;
b.
C.
d.
e.
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 hee and clear of any Liens or
other title defects or will so pass upon final payment.
a list of all Contract Claims or Damage Claims against City that Contractor believes
are unsettled; and
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: The final payment requested by Contractor, less previous paymentsmade 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 accompanying
documentation; and
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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 toContractor’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
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 shall be made under the terms and
conditions 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 other
construction in the Contract Documents for all Work 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 Waiver of Claims
A. The acceptance of 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 period 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, without cost to City and in accordance with City’swritten instructions :
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 replace it with Work that is not defective,if the defective Work has been rejected by City, and
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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 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 correction or repair or such
removal and replacement (including but not limited to all costs of repair or replacement of
work 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 therefrom) has been corrected,
repaired or removed and replaced under this Paragraph 14.09, the correction period hereunderwith 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 written
notice 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 suspension 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 Contractor and City that a solution to allow construction to proceed
is not available within a reasonable period of time, Contractor may request an extension in
Contract Time, directly attributable 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
unnecessarily nor become damaged in any way; Contractor shall take every precaution to
prevent damage or deterioration of the work performed; and Contractor shall provide suitable
drainage about the work, 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 be
resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the
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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 from 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.Contractor’s repeated disregard of the authority of City; or
5. 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
6. Substantial indication that the Contractor has made an unauthorized assignment of the
Contract or any funds due therefrom for the benefit of any creditor or for any other
purpose; or
7. 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
after 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 to 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 completes 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
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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 to
Contractor. 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 responsibilitiesas 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 release Contractor from liability.
E.If and to the extent that Contractor has provided a performance bond under the provisions ofParagraph 6.02, the termination procedures of that bond shall not supersede the provisions ofthis Article 15.
15.03 City May Terminate for Convenience
A.City may, without cause and without prejudice to any other right or remedy of City, terminate
the 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 upon which such termination becomes effective, Notice
shall be deemed validly given if given in accordance with Paragraph 17.01. A.
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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
termrnatrorr;
2. place no further orders or subcontracts for materials, services or facilities except as may
be necessary for completion of such portion of the Work under the Contract as is not
terminated;
3.
4.
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:
a. the fabricated or unfabdcated parts, Work in progress, completed Work, suppliesand 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
b. the completed, or partially completed plans, drawings, information and other
property which, if the Contract had been completed, would have been required to be
furnished to the City.
5.complete performance of such Work as shall not have been terminated by the notice of
termination; and
6. 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 may 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, certified 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 authorized 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.
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 certification prescribed by
the City. Unless an extension request is made in writing within such 60-day period by theContractor, and granted by the City, any and all such claims of Contractor that are not
submitted to City within such 60-day period shall be conclusively deemed waived.
Should a termination claim be timely submitted to the City, Contractor shall be paid for
(without duplication of any items):
E.
F
1. completed and acceptable Work executed in accordance with the Contract Documents
prior to the effective date of termination, including fair and reasonable sums for overhead
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and profit on such Work calculated and determined in accordance with the ContractDocuments;
2.expenses sustained prior to the effective date of termination in performing services and
ftrrnishing labor, materials, or equipment as required by the Contract Documents in
connection with uncompleted Work, plus fair and reasonable sums for overhead andprofit on such expenses calculated and determined in accordance 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 1 1.07 before such decision becomes final and binding. The request
for mediation 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 a mediator; however, if they cannot agree within 14 calendar daysthen 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 mediator,
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 impasse that cannot be overcome and sends a “notice of termination of
mediation.” All reasonable efforts will be made to complete the mediation within 30 days of
the first mediation session. 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 to the Dispute, that wouldotherwise be discoverable, do not become confidential simply because they are used in the
Negotiation and/or Mediation process.
E.The process shall be confidential based on terms acceptable to the mediator and/or mediation
service provider.
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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 11.07.D shall become final and binding 30 daysafter 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 Contract 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 to Contractor, to a member of the firm or to an officer of the corporation for whom
it is intended; or
2.by registered or certified mail, postage prepaid, to the recipient’s place of business; or
3. by e-mail 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 exclude
the 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 anyway as a limitation 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 provisions 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 DA Limitation of Damages
A. With respect to any and all claims, disputes subject to final resolution, and other matters at
issue, 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 may
only be liable for those damages that are set forth in Subchapter I, Chapter 27 1 of the Texas
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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 consent of the party sought to be bound; and, specifically but without 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 without
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.
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SECTION 00 73 00
2 SUPPLEMENTARY CONDITIONS
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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 ofAUGUST 2022:
Outstanding Right-Of-Way, and/or Easements to Be AcquiredPARCEL OWNERNUMBER TARGET DATEOF POSSESSION
2-TCE
2-PWE
3-TCE
3-PSSE-1
3-PSSE-2
3-PWE
4-TCE
4-PWE
5-TCE
8-TCE
8-PWE
ll-TCE
Cat:denton 35 Five
Catdenton 35 Five
Catdenton 35 Three
Catdenton 35 Three
Catdenton 35 Three
Catdenton 35 Three
King Land Trust
King Land Trust
BTR at Elm, LLC
University of North Texas
University of North Texas
BCOM Land LLC
DECEMBER 31, 2022
DECEMBER 31. 2022
DECEMBER 31. 2022
DECEMBER 31. 2022
DECEMBER 31, 2022
DECEMBER 31, 2022
DECEMBER 31, 2022
DECEMBER 31, 2022
SEPTEMBER 30, 2022
SEPTEMBER 30. 2022
SEPTEMBER 30, 2022
DECEMBER 31, 2022
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Effective January /5. 202 /
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PARCELNUMBER
11-PWE
OWNER TARGET DATEOF POSSESSION
BCOM Land LLC DECEMBER 31, 2022
1
2
3
4
5
6
7
8
9
10
11
12
13
14
The ContIactor understands and agnes 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 AUGUST 2022:
EXPECrEDOWNER UTILITY AND LOCATION TARGET DATE OF
ADJUSTMENT
None
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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 conditions at the site of the Work:
A Geotechnical Engineering Study Report No. 103-20-360, dated August 20, 2020, prepared by CMJEngineering, Inc. a sub-consultant ofKimley-Hom and Associates, Inc., a consultant of the City, providing
additional information on geotechnical engineering.
The following are drawings of physical conditions in or relating to existing surface and subsurface
structures (except Underground Facilities) which are at or contiguous 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 the site 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., “Certi6cates of Insurance”
CITY OF DENtONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
IFB No. 7968-002NORTHWEST WATER TRANSMISSION MAIN
Effective January /5, 202 /
DocuSign Envelope ID: 2585DC35-9F554158-B8A0-72AADIA8A335
00 73 00SUPPLEMENTARY CONDITIONS
Page 3 of 7
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The entities listed below are "additional insureds as their interest may appear" including their respective
officers, directors, agents and employees.
(1) City
(2) Consultant: Kimley-Horn and Associates, Inc.
(3) Other: None
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 liability$ 100,000 each accident/occurrence
S 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 Commercial General 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”
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
IFB No. 7968-002NORTHWEST WATER TRANSMISSION MAIN
Effective Januall' IS, 2021
DocuSign Envelope ID: 2585DC35-9F554158-B8AO-72AADIA8A335
00 73 00SUPPLEMENTARY CONDITIONS
Page 4 of 7
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The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and
material deliveries to cross railroad properties and tracks, or perform work within 25 feet of the center line
of tracks owned and operated by NONE.
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
propertres.
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:None
(2) Each Occurrence:None
X Not required for 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 inthe name of the railroad company. However, if more than one grade separation or at-grade
crossing 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 rightof-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
separatron.
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 an original policy or policies of the insurance
for each railroad company named, as required above. All such insurance must 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
has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition,
insurance must be carried 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 of the
railroad company operating over tracks involved in the Project.
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
IFB No. 7968-002NORTHWEST WATER TRANSMISSION MAIN
Effective January /5, 2021
DocuSign Envelope ID: 2585DC35-9F5521158-B8A0-72AADIA8A335
00 73 00SUPPLEMENTARY CONDITIONS
Page 5 of 7
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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
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None
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 UIR for IH-35 Water Line Crossing
TxDOT UIR for Loop 288 Water Line Crossing2
3. TxDOT UIR for US 77 12-Inch Water Line CrossingTxDOT UIR for US 77 16-Inch Water Line Crossing4
5. TxDOT UIR for US 77 36-Inch Water Line Crossing
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 AUGUST2022
Outstanding Permits and/or Licenses to Be AcquiredOWNER PERMIT OR LICENSE AND LOCATION TARGET DATEOF POSSESSION
NONE
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CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DO(_'UMENTS
Revised November 23, 2020
IFB No. 7968-002NORTHWEST WATER TRANSMISSION MAIN
Effective Jantlall' 75, 202 /
DocuSign Envelope ID: 2585DC35-9F554158-B8A0-72AADIA8A335
00 73 00SUPPLEMENTARY CONDITIONS
Page 6 of 7
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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 in interest(hereinafter referred to as the "Contractor") agrees as follows:
1 Compliance with Regulations: The Contractor shall comply with the Regulation relative to
nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter,
“DOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as the 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 grounds of race, color, or national origin, in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The Contractor shall not
participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 2 1.5 of the
Regulations, including employment practices when the contract covers a program set forth inAppendix B of the Regulations.
3.soncitations 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
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, ornational 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 theTexas Department of Transportation, as appropriate, and shall set forth what efforts it has made toobtain the information.
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:
5.
a. withholding of payments to the Contractor under the Contract until the Contractor
complies, and/or
b. cancellation, termination or suspension of the Contracl in whole or in part.
6.Incorporation of Provisions: TIle Contractor shall include the provisions of paragraphs (1) through
(6) in every subcontract, including procurements of materials and leases of equipment, unless exemptby the Regulations, 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 such provisions 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 intosuch 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.
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23. 2020
Effective January /5, 202 /
IFB No. 7968-002NORTHWEST WATER TRANSMISSION MAIN
DocuSign Envelope ID: 2585DC35-9F55J+158-B8A0-72AADIA8A335
00 73 00SUPPLEMENTARY CONDITIONS
Page 7 of 7
1
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SC-8.02., “Coordination”
The individuals or entities listed below have contracts with the City for the performance of other work atthe Site
VendorARCHER-WESTERN Scone of Work
Northwest Booster Pump StationOff-Site Water Line at Nicosia
Street and Riney RoadIntersection
Bonnie Brae Phase 6
Coordination AuthoriCITY
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SC-9.01, “Communications to Contractor”
None
SC-10.OIB„ “City’s Project Manager”
The City’s Project Manager for this Contract is Kyle Pedigo, or his/her successor pursuant to written
notification from the City Engineer.
SC-13.02B., “Tests and Inspections”
None
SC-16.OIC.1, “Methods and Procedures”
None
sc-17.11 – “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 materials
occurred in the United States of America. For the purpose of the certifications, manufacturing
processes are defined as all processes required to change the raw ore or scrap metal into the finishedin-place steel or iron product. The successful contractor will be required to complete the TexasDepartment of Transportation Material Statement Certification Form 1818 with for eachappropriate shop drawing submittal. TxDOT Form 1818 is included in the APPENDIX of this
project manual.
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END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF DENTONSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23. 2020
IFB No. 7968-002NORTHWEST WATER TRANSMISSION MAIN
Effective Janttall' /5, 2021
D'’cuSign Envel'’pe ID: 2585DC35-9F55-+158-B8AC)-72AADIA8Vxqi 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, 84th Leg., Regular 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 W
Mountain Cascade of Texas , LLC
An offense under this section is a
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 other business relationship as defined by Section 176.00 1(1-a), Local Government CodeAttach additional pages to this Form CIQ as necessary.
A.Is the local govemment officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?n ,“n ...
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in
this section AND the taxable income is not received from the local governmental entity?= Yes = No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer
or director, or holds an ownership of one percent or more?
El Yes = No
D.Describe each employment or business and family relationship with the local government officer named in this section
4
5
LJ I have no Conflict of Interest to disclose.
11/18/2022
SignaturM with the governmental entity Date
DocuSign Envelope ID: 2585DC35-9F55dj158-B8AO-72AADIA8A335
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG, 1 76.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 parties based on cornmercial activity of one of the
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 of a 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) A local government 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 govemmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vcndoc
(B) has given to the local government officer or a family member ofttre officer one or more gifts that have an aggregate value ofmore
than $ 100 in the 12-month period preceding the date 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 vendor.
Local Government Code $ 176.006{a) and fa-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:
( 1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member
ofthc officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer 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), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer 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 governmental entity; or
(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another
writing related to a potential contract with the local governmental entity; or(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a family member of the officer,
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 government omcer.
City of Denton Ethics Code Ordinance Number 18-757
Definitions
Relative: a family member related to a City Official within the third 3'd 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 member of the Board of Ethics, Planning
and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board
Vendor: a person who provides or seeks to provide goods, services, 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 rightnf-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 ($50.00) per gift, or multiple gift
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 Manager that 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.
:orm provided by Texas Ethics Commission www.ethics .state .tx . us Revised 11/30/2015
DocuSign
Certificate Of Completion
Envelope Id: 2585DC359F554158B8A072AADIA8A335
Subject: Please DocuSign: City Council Contract 7968-002 Northwest Water Transmission Main
Source Envelope:
Status: Completed
Document Pages: 107
Certificate Pages: 7
Signatures: 6 Envelope Originator:
Cori Power
901 B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.10
AutoNav: Enabled
Envelopeld Stamping: Enabled
Initials: 1
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
11/1 5/2022 2:33:57 PM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events
Cori Power
cort.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: 11/15/2022 3:38:21 PM
Viewed: 11/15/2022 3:38:41 PM
Signed: 11/15/2022 3:40:23 PM
Completed
Using IP Address: 198.49.140.10
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication(None)
Sent: 11/1 5/2022 3:40:28 PM
Viewed: 11/16/2022 8:03:12 AM
Signed: 11/16/2022 8:05:15 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
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)
Sent: 11/1 6/2022 8:05:20 AM
Viewed: 11/1 6/2022 4:42:22 PM
Signed: 11/1 6/2022 4:48:07 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
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: 11/1 6/2022 4:48:12 PM
Viewed: 11/1 8/2022 7:01 :12 AM
Signed: 11/18/2022 10:00:45 AM
Signature Adoption: Pre-selected Style
Using IP Address: 32.132.177.214
Electronic Record and Signature Disclosure:Accepted: 11/1 8/2022 7:01 :12 AMID: 4d41d3af-825fJt932-bald-7b9b6d3d4f1 7
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: 11/18/2022 10:00:50 AM
Viewed: 11/18/2022 11 :52:58 AM
Signed: 11/18/2022 11 :53:17 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure;Accepted: 11/18/2022 1 1 :52:58 AMID: 4e90460f-fd2c-+9fl -b34b-b2daaa737bb8
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: 11/18/2022 11 :53:23 AM
Viewed: 12/14/2022 9:03:32 AM
Signed: 12/14/2022 9:03:58 AMUsing IP Address: 198.49.140.10
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Son HtM£q
Sent: 12/1 4/2022 9:04:05 AM
Viewed : 12/14/2022 10:01 :40 AM
Signed: 12/14/2022 10:01 :45 AM. 523608296270423
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication(None)
'DocuSlgned bF1 RauRLeI
IC5CA8C5E 175493
Sent: 12/1 4/2022 10:01 :51 AM
Viewed: 12/14/2022 11 :00:19 AM
Signed: 12/14/2022 11 :01 :08 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Accepted : 12/14/2022 11 :00:19 AMID: ce4319b5-848a'+979-a479-9f1 0acbbf4fc
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
Carbon Copy Events
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
Timestamp
Sent: 11/15/2022 3:40:27 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: 11/1 8/2022 11 :53:22 AM
Viewed: 11/21/2022 10:07:20 AM
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Sent: 12/14/2022 11 :01 :14 AM
Viewed: 12/14/2022 2:09:13 PM
Cody Sears
codys@mountaincascade.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Sent: 12/14/2022 11 :01:17 AM
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
Sent: 12/14/2022 11 :01 :20 AM
Kyle Pedigo
kyle.pedigo@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Accepted: 11/14/2022 12:51 :47 PMID: 24df7554-7c3742c2-94bd-f97862894e3b
Sent: 12/14/2022 11 :01 :23 AM
David Brown
David.Brown@cityofdenton.comPM
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Accepted: 4/10/2019 2:54:36 PMID: 20238ddf-ccd6-+d52-988f-8c9f3436055e
Sent: 12/14/2022 11 :01 :27 AM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status Timestamps
11/15/2022 3:38:21 PM
12/14/2022 11 :00:19 AM
12/14/2022 11 :01 :08 AM
12/14/2022 1 1 :01 :27 AM
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, Kyle Pedigo, David Brown
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. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the ’I agree’ button at the bottom ofthis document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You mayrequest delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Rl iuired hardware and software
Operating Systems
Brow=s7for SENDERS
Browsers (for SIGNERS):
r
I
mlet Explorer 6.0?, Mozilla FireFox 1.0
NI le 7.2 (or above
Access to a valid email account
x
Email
Screen Resolution
Enabled Security Settings
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
roxy connectIon
# # These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OFELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.