GENERAL PROVISIONS - Denton, Texas · Web viewThis item shall govern the use of allowable asphalt pavement materials required for the construction of asphalt pavement. Aggregate Composition:

Materials Management Department901-B Texas Street

Denton, Texas 76209940-349-7100

[email protected]

RFP – 6540Exhibit 2

General Provisions –Terms and ConditionsCivil Engineered Construction Projects

The following document provides details of the City’s General Provisions, Terms and Conditions, insurance requirements and sample contract for the procurement of Civil Engineered Construction Projects. This exhibit governs the solicitation and supporting exhibits as identified in the Main Document Table of Contents.

City of DentonSolicitation General Provisions –Terms and Conditions

Civil Engineered Construction Projects

Table of ContentsA. GENERAL PROVISIONS...................................................................................................4

1. AVAILABILITY OF TECHNICAL DRAWINGS AND SPECIFICATIONS...................42. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK.............43. SILENCE OF SPECIFICATIONS.......................................................................................54. RESPONDENTS COST TO DEVELOP SUBMITTAL.....................................................55. MINIMUM RESPONSE......................................................................................................56. VALIDITY PERIOD............................................................................................................57. REJECTION OF SUBMITTAL...........................................................................................58. PROPRIETARY INFORMATION......................................................................................59. NON-ENDORSEMENT.......................................................................................................610. ASSIGNMENT.................................................................................................................611. UNAUTHORIZED COMMUNICATIONS.....................................................................612. DISQUALIFICATIONS...................................................................................................713. INTELLECTUAL PROPERTY INDEMNIFICATION..................................................714. RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARE (GOVERNMENTAL ENTITY OWNERSHIP)..........................................................................715. PATENT RIGHTS............................................................................................................716. PREFERENCES...............................................................................................................817. AWARD............................................................................................................................918. POST AWARD ADDITIONAL REQUIREMENTS.....................................................1019. CONTRACTS.................................................................................................................1020. BONDS...........................................................................................................................1021. RETAINAGE..................................................................................................................1122. INSURANCE..................................................................................................................1123. WARRANTIES..............................................................................................................1124. SUBSTITUTIONS..........................................................................................................1125. PRODUCT CHANGES DURING CONTRACT TERM...............................................1126. ADDING NEW PRODUCTS OR SERVICES TO THE CONTRACT AFTER AWARD.....................................................................................................................................1227. ASBESTOS FREE MATERIALS..................................................................................1228. PREVAILING WAGE RATES......................................................................................1229. SAFETY AND ENVIRONMENTAL HAZARDS........................................................12

RFP # 6540 – EXHIBIT 2 Page 2 of 97



30. CONTRACTOR STANDARDS OF PERFORMANCE................................................1331. ANTICIPATED PROBLEMS AND PROPOSED SOLUTIONS..................................1332. ADDITIONAL GENERAL REQUIREMENTS............................................................1333. REMEDIES.....................................................................................................................14

a. COMPLETION OF CONTRACTOR’S DEFAULT......................................................14b. LIQUIDATED DAMAGES...........................................................................................14c. CUMULATIVE REMEDIES.........................................................................................15

34. PAYMENT AND PERFORMANCE REQUIREMENTS.............................................15a. PAYMENT AND INVOICES:.......................................................................................16b. PAYMENT TO PERFORMANCE MILESTONES.......................................................16c. TAX EXEMPTION........................................................................................................16d. RELEASE OF LIENS AND CERTIFICATE OF CONTRACTOR..............................17e. PAYMENTS TO MATERIAL-MEN AND SUBCONTRACTORS.............................17

B. SPECIAL NOTICES AND REQUIREMENTS.................................................................181. CONTRACT ADMINISTRATION SUBMITTALS AND REQUIREMENTS...............182. MEETINGS........................................................................................................................203. SURVEYS, MEASUREMENTS AND LAYOUTS..........................................................224. MISCELLANEOUS REQUIREMENTS...........................................................................22

C. STANDARD PURCHASE TERMS AND CONDITIONS FOR CIVIL ENGINEERED CONSTRUCTION SERVICES.....................................................................................................23

Vegetative material removed as a result of work operations shall be transported off-site and deposited at a legal site in accordance with all applicable federal, state, and local laws and regulations. Removed vegetation will not be allowed to remain in piles or mounds on the easement or surrounding property...........................................................................................53

APPENDIX A- INSURANCE REQUIREMENTS AND WORKERS’ COMPENSATION REQUIREMENTS........................................................................................................................81APPENDIX B – SAMPLE CONTRACT......................................................................................89




A. GENERAL PROVISIONS

1. AVAILABILITY OF TECHNICAL DRAWINGS AND SPECIFICATIONS

Technical Specifications related to this project are located in Exhibit 3 and Drawings/Plans are Exhibit 4 of this solicitation.

Electronic documents of the solicitation are available on the City of Denton’s website www.dentonpurchasing.com

If the technical drawings and specifications are too large to be placed on the City’s website, they may be downloaded via a FTP site. If this is the case, an Exhibit 5 will be noted on the table of contents of the Main solicitation document. Potential respondents should complete and return Exhibit 5 to receive a log in and password to the FTP site.

2. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK

Respondents are advised that the plans, specifications, and other documents on file as stated in the Table of Contents shall constitute all the information which the City shall furnish. Respondents are required, prior to submitting any response, to review the plans, read the specifications, exhibits, contract, and bond forms carefully; to visit the site of the work; to examine carefully the local conditions; to inform themselves with their independent research, tests, and investigations of the difficulties to be encountered and judge for themselves the accessibility of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion and to obtain all information required to make an intelligent proposal.

No information given by the City or any official thereof, other than that shown on the plans and contained in the specifications, exhibits, and other contract documents, shall be binding upon the City. Respondents shall rely exclusively upon their own estimates, investigations, test and other data which is necessary to full and complete information upon which the submission may be based. Any respondent, by submitting a response, represents and warrants that he has prepared his submittal in accordance with the specifications, with full knowledge and understanding of the terms and provisions thereof; that he has reviewed, studied and examined the response prior to the signing and submission of same; and that he was cognizant of the terms of his submittal, verified his calculations and found them to be correct and agrees to be bound thereby.


http://www.dentonpurchasing.com/



3. SILENCE OF SPECIFICATIONS

The apparent silence of these specifications as to any detail or the apparent omission from it of a detailed description concerning any point, shall be regarded as a meaning that the only best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

4. RESPONDENTS COST TO DEVELOP SUBMITTAL

Respondents to this solicitation are responsible for all costs of submittal preparation, delivery and any oral presentations required as part of the selection process. All materials submitted in response to the solicitation become property of the City of Denton and will be returned only at the option of the City.

5. MINIMUM RESPONSE

Submittals that do not, at a minimum, contain the Attachments and Exhibit 1 Pricing Sheet will be subject to disqualification at the sole discretion of the City of Denton. If any Firm submitting a response is a corporation, it must be registered to conduct business in the State of Texas. Proof of this registration must be included as part of the submittal.

6. VALIDITY PERIOD

The information included in the solicitation response(s), and any cost information obtained from a negotiation process, remain valid for 120 days from the response due date or until the contract is approved by the governing body.

7. REJECTION OF SUBMITTAL

ANY PROPOSAL SUBMITTED AFTER THE DUE DATE AND TIME SPECIFIED SHALL BE REJECTED. THE CITY SHALL REJECT RESPONSES SUBMITTED BY FIRMS THAT DO NOT MEET MINIMUM QUALIFICATIONS.

The City of Denton reserves the right to reject any and all submittals received in response to the solicitation and to waive any minor technicalities or irregularities as determined to be in the best interest of the City.

8. PROPRIETARY INFORMATION

If a respondent does not desire proprietary information in the submission to be disclosed, the respondent shall identify all proprietary information in the submission. This identification will be accomplished by individually marking each page or line item detail with the words “Proprietary Information”. If the respondent fails to identify proprietary




information, the respondent agrees that by submission of its response, that those sections shall be deemed non-proprietary and made available upon public request. Respondents are advised that the City, to the extent permitted by law, will protect the confidentiality of all submissions. Respondent shall consider the implications of the Texas Public Information Act, particularly after the solicitation process has ceased and the contract has been awarded. While there are provisions in the Texas Public Information Act to protect proprietary information, where the respondent can meet certain evidentiary standards, please be advised that a determination on whether those standards have been met will not be decided by the City of Denton, but by the Office of the Attorney General of the State of Texas. In the event a request for public information is made, the City will notify the respondent, who may then request an opinion from the Attorney General pursuant to 552.305, Texas Government Code. The City will not make a request of the Attorney General.

9. NON-ENDORSEMENT

If a submission is accepted, the successful respondent shall not issue any news releases or other statements pertaining to the award or servicing of the agreement that state or imply the City of Denton’s endorsement of the successful respondent’s services.

10. ASSIGNMENT

The successful contractor shall not sell, assign, transfer or convey this contract in whole, or part, without the prior written consent of the Purchasing Manager.

11.UNAUTHORIZED COMMUNICATIONS

After release of this solicitation, respondent contact regarding this solicitation with members of the evaluation, interview or selection panels, employees of the City or officials of the City other than the Purchasing Manager, or authorized City of Denton purchasing staff, or as otherwise indicated is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the respondent shall have any contact or discussion, verbal or written, with any members of the City Council, members of the evaluation, interview, or selection panels, City staff or City’s consultants, or directly or indirectly through others, seeking to influence any City Council member, City staff, or City’s consultants regarding any matters pertaining to this solicitation, except as herein provided. If a representative of any respondent violates the foregoing prohibition by contacting any of the above listed parties with who contact is not authorized, such contact may result in the respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this solicitation.




12.DISQUALIFICATIONS

Any terms and conditions attached to a solicitation will not be considered unless specifically referred to on a solicitation and may result in disqualification. Any submissions that do not clearly outline all qualifications may be disqualified.

13.INTELLECTUAL PROPERTY INDEMNIFICATION

The contractor will indemnify, defend and hold harmless the City of Denton, and its authorized users, against any action or claim brought against the City of Denton, or its authorized users that is based on a claim that software infringes any patent rights, copyright rights or incorporated misappropriated trade secrets. Contractor will pay any damages attributable to such claim that are awarded against the City of Denton or its authorized users, in a judgment or settlement. If the City of Denton or its authorized users’ utilization of the software becomes subject to a claim, or is likely to become subject to a claim, in the sole opinion of the City of Denton, or its authorized users, the Contractor shall, at its sole expense (1) procure for City of Denton or its authorized users, the right to continue using such software under the terms of this Contract; or (2) replace or modify the software so that it is non-infringing.

14.RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARE (GOVERNMENTAL ENTITY OWNERSHIP)

Any software, research, reports studies, data, photographs, negatives or other documents, drawings or materials prepared by contractor in the performance of its obligations under this contract shall be the exclusive property of the City of Denton and all such materials shall be delivered to the City by the contractor upon completion, termination, or cancellation of this contract. Contractor may, at its own expense, keep copies of all its writings for its personal files. Contractor shall not use, willingly allow, or cause to have such materials used for any purpose other than the performance of contractor’s obligations under this contract without the prior written consent of the City; provided, however, that contractor shall be allowed to use non-confidential materials for writing samples in pursuit of the work.The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use the works.

15.PATENT RIGHTS

The contractor agrees to indemnify and hold harmless the City from any claim involving patent right infringement or copyrights on goods supplied.




16.PREFERENCES

A. LOCAL PREFERENCE

1. It is the intent of the City of Denton to comply with Sections 271.905 and 271.9051 of Texas Local Government Code allowing for consideration of the location of a bidder’s principal place of business in award of a bid.

2. Scope-This policy applies to the purchase of real property and personal property that is not affixed to real property or services (including construction services) through a Competitive Bid.

a. Lowest Responsible Bid – Price is the single determinant factor when awarding a bid to a responsible bidder.

b. Best Value Bid – Price is only one of a number of determining factors that are weighted for evaluation purposes. (Texas Local Government Code 252.043)

3. Criteriaa. Lowest Responsible Bids

i. A five percent (5%) price differential will apply to construction bids less than $100,000 and all other bids, including services, less than $500,000. Excludes telecommunication and information services.

ii. A three percent (3%) price differential will apply to bids, excluding construction and services, greater than $500,000.

iii. The chart below is a summary of the criteria for Lowest Responsible Bids:

Local Government Code 271.9051

Local Government Code 271.905

5% price differential 3% price differential

Construction bids less than $100,000 All other bids, excludes

construction and services, greater than $500,000All other bids, including

services, less than $500,000

b. Best Value Bids-Price is only one of a number of determining factors that are weighted for evaluation purposes as provided in Local Government Code 252.043. As a result, an additional weighted factor will be added to all such bids for bidders meeting local preference criteria. The appropriate weight, either 5% or 3%, will be consistent with the criteria outlined in the chart above.

c. Local Bidder Preference Consideration Application




i. A new and complete application must be submitted with each competitive bid by the due date, including a Tax Certification from the Denton County Tax Assessor/Collector.

ii. This application serves to ensure the qualification of a bidder as a local bidder and serves as the basis for meeting the statute’s requirement that the governing body find, in writing, that a bidder is a local bidder.

d. Bidders seeking local preference must meet all specifications and minimum requirements contained in the bid documents.

e. Exceptions-This policy does not apply to purchases obtained through a Request for Qualifications (RFQ), Request for Proposals (RFP), bids involving Federal funds, Cooperative Programs or Interlocal Agreements.

f. Award of Contract-The City Council may award a competitively bid contract to the lowest responsible bidder, local bidder or reject all bids.

B. VENDORS THAT MEET OR EXCEED AIR QUALITY STANDARDS

1. This section applies only to a contract to be performed, wholly or partly, in a non-attainment area or in an affected county, as those terms are defined by Section 386.001, Health and Safety Code.

2. A governmental agency procuring goods or services may:

a. give preference to goods or services of a vendor that demonstrates that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality; or

b. require that a vendor demonstrate that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality.

c. The preference may be given only if the cost to the governmental agency for the goods or services would not exceed 105 percent of the cost of the goods or services provided by a vendor who does not meet the standards.”

17. AWARD

This contract will be awarded to one firm as a single contract.




18. POST AWARD ADDITIONAL REQUIREMENTS

A. Pre-Construction Meeting: Prior to commencement of the services, the City and the Contractor will conduct a pre-construction meeting to review the overall scope, schedule, deliverables, planning process, and to insure that all relevant parties to the project are introduced.

B. Contractor Standards of Performance: The contractor shall prosecute the work diligently with skilled craftsmen and with state-of-the-art methods to complete the work within the time stated in the proposal or such time extensions as may be granted.

C. Monthly Reports: The awarded Contractor shall provide to the City of Denton, detailed reports of daily work conditions, daily man power availability, equipment problems, and work accomplished on a monthly basis.

D. Safety: All contractors to the City of Denton are required to ensure absolute safety standards are applied and enforced. The City of Denton will not be responsible for individual contractor safety, and the awarded contractor shall not hold the City of Denton responsible. Known hazards shall immediately be reported to the Project Manager and all safety precautions shall be taken to prevent potential safety issues from occurring.

E. Environmental Hazards: There are no known safety or environmental hazards existing on the project site at the time of issue of this RFP. The City does not warrant or guarantee against the possibility that safety or environmental hazards or potential hazards may exist at the City’s facilities. The Contractor shall be responsible for identifying any hazardous conditions and notifying the City verbally of such conditions as soon as possible after discovery and shall follow up in writing within 10 days of such discovery. The costs for necessary investigations or any potential corrective actions will be negotiated between the City and the Contractor.

19.CONTRACTS

The successful awarded contractor will be required to sign an original contract. A sample contract is provided in Appendix B – Sample Contract. Respondents shall review the document and note exceptions in the proposal.

20. BONDS

Successful awarded contractor will be required to furnish original performance and payment bonds for 100 percent of the total submission price before work is to commence. The contractor shall assume all costs in increasing the bond limits if change orders are formally approved. Bonds shall be in accordance with the V.T.C.A Government Code Section 2253.021, as amended, from a surety licensed to do business in the State of




Texas. The City, at its option, may waive the payment and performance bond requirements for projects less than $50,000.

The City shall normally return the proposal bonds within ten (10) working days after the proposal due date, except for the three top ranked firms. The three top ranked firms will be retained by the City until the required contract and bonds have been executed, after which they shall be returned.

The City may require a bid bond for this project. If required, notice will be placed in the minimum qualifications of the main solicitation document.

21. RETAINAGE

Retainage is part of public works contract payment withheld by the City to secure performance and payment to subcontractors. The City withholds 5% on public works contracts and requires retainage for public works contracts in excess of $50,000.

22.INSURANCE

The City requires standard insurance for services performed on site. The successful awarded contractor will be required to provide a certificate of insurance as outlined in Appendix A – Insurance requirements. Respondents shall review the document and note exceptions on Attachment B.

23.WARRANTIES

The contractor shall provide a warranty that is standard in the industry. Repair or Maintenance of fleet not performed to industry standards shall be accomplished at the contractor’s expense, at the option of the City.

24.SUBSTITUTIONS

Substitutions are not permitted without the written approval of The City of Denton Purchasing Department. If specific manufacturers, brands or part numbers are listed in the exhibits, the City will not accept substitutes. If the manufacturer part numbers provided has been updated, but do not change the material functionality, please note the change in exceptions (Main Document -Attachment B).

25.PRODUCT CHANGES DURING CONTRACT TERM

The awarded contractor shall not change specifications during the contract term without prior approval. Any deviation in the specifications or change in the products must be approved in advance by the City of Denton. Notice of a change shall be submitted in




writing to [email protected], with the solicitation number in the subject line, for review. Products/Services found to have changed specifications without notification, and acceptance, will be returned at the supplier’s expense. Products that have been installed will be replaced at the contractor’s expense.

26.ADDING NEW PRODUCTS OR SERVICES TO THE CONTRACT AFTER AWARD

Following the Contract award, ADDITIONAL services or products of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. A formal written request may be sent to successful Contractor (s) to provide a proposal on the additional services and shall submit proposals to the City of Denton as instructed. All prices are subject to negotiation with a Best and Final Offer (“BAFO”). The City of Denton may accept or reject any or all pricing proposals, and may issue a separate solicitation for the services/products after rejecting some or all of the proposals. The commodities and services covered under this provision shall conform to the statement of work, specifications, and requirements as outlined in the request. Contract changes shall be made in accordance with Local Government Code 252.048

27.ASBESTOS FREE MATERIALS

The contractor shall provide asbestos-free materials as represented by the Manufacturer’s “Materials Safety Data Sheets”

28.PREVAILING WAGE RATES

In accordance with Texas Government Code 2258, the awarded contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis-Bacon Wage Determination at http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas (WD-2509).

Notwithstanding any other provision of this Contract, the awarded contractor hereby represents and warrants that the contractor shall pay to each of its employees a wage not less than what is currently known as the "Federal Minimum Wage" and any increase or amendments thereto. Furthermore, contractor shall produce proof of compliance with this provision by contractor to the City. The City shall withhold payments due to contractor until contractor has complied with this provision. Prior to any payment being made for work satisfactorily completed and accepted, contractor shall submit wage rate affidavits with its billing documents affirming that all employees have been paid not less than the current "Federal Minimum Wage”.


http://www.wdol.gov/

http://www.dol.gov/whd/contracts/dbra.htm

mailto:[email protected]



29.SAFETY AND ENVIRONMENTAL HAZARDS

The City does not warrant or guarantee against the possibility that safety or environmental hazards or potential hazards (including premises and special defects) may exist at the City’s facilities. The Contractor shall be responsible for identifying any hazardous conditions and notifying the City of these conditions in writing no later than 30 days after contract award and prior to initiation of service delivery on the property. This will be accomplished by the Contractor conducting an environmental assessment and an occupational health, and safety inspection of the service bay or field service areas by competent, qualified and appropriately licensed practitioners. The costs of these inspections and any subsequent corrective action will be negotiated between the City and the Contractor.

All contractors to the City of Denton are required to ensure absolute safety standards are applied and enforced. The City of Denton will not be responsible for individual contractor safety, and the awarded contractor shall not hold the City of Denton responsible. Known hazards shall immediately be reported and all safety precautions shall be taken to prevent potential safety issues from occurring.

30.CONTRACTOR STANDARDS OF PERFORMANCE

Monthly Time Standards - Contractors shall fully understand that the City relies on the product or service of the solicitation to provide vital municipal services, and the availability and reliability of the equipment is of the essence. With this in mind, the Contractor shall meet the following performance standards at all times. Labor disputes, strikes, and other events, except those beyond the Contractor's control such as acts of God, shall not relieve the Contractor from meeting these standards. For service category, the Contractor must ensure the given level of service is achieved, within the designated number of working hours.

Contractor shall deliver goods or services within specified delivery times for 95% of all orders.

31.ANTICIPATED PROBLEMS AND PROPOSED SOLUTIONS

Respondent shall offer written observations, based upon previous experiences in public projects of this magnitude, addressing any anticipated problems and offer proposed solutions to those problems.

32.ADDITIONAL GENERAL REQUIREMENTS

a. Prior to commencement of the services, the City and selected individual or business will conduct an initial meeting to review the overall scope, schedule, deliverables and planning process to implement a successful program.




b. The awarded Contractor shall provide to the City of Denton, detailed reports of time and services provided to the City on a monthly basis.

c. Staff available to assist the selected provider is limited; the proposals submitted should not anticipate extensive staff assistance during equipment repairs or maintenance.

33.REMEDIES

A. COMPLETION OF CONTRACTOR’S DEFAULT

If default shall be made by the Contractor or by any subcontractor in the performance of any of the terms of this proposal, the City, without in any manner limiting its legal and equitable remedies in the circumstances, may serve upon the Contractor and the Surety or Sureties upon the Contractor's bond or bonds a written notice requiring the Contractor to cause such default to be corrected forthwith. Unless within twenty (20) days after the service of such notice upon the Contractor such default shall be corrected or arrangements for the correction thereof satisfactory to the City and/or Engineer shall be made by the Contractor or its Surety or Sureties, the City may take over the construction of the project and prosecute the same to completion by contract or otherwise for the account and at the expense of the Contractor, and the Contractor and its Surety or Sureties shall be liable to the City for any cost or expense in excess of the contract price occasioned thereby. In such event the City may take possession of and utilize, in completing the construction of the project, any materials, tools, supplies, equipment, appliances, and plant belonging to the Contractor or any of its subcontractors, which may be situated at the site of the project. The City in such contingency may exercise any rights, claims or demands which the Contractor may have against third persons in connection with this contract and for such purpose the Contractor does hereby assign, transfer and set over unto the City all such rights claims and demands.

B. LIQUIDATED DAMAGES

Respondent must agree to commence work on or before a date to be specified in written "Notice to Proceed" by the Owner, and to fully complete the project within the time stated on proposal. As failure to complete project within the stated time, respondent agrees to pay as liquidated damages, the sums indicated in the Solicitation Main document Section 10, for each working day of delay until work is completed and accepted.

Delays because of strikes, fire, weather, or any cause beyond the contractors control shall be granted, but claims for extension shall be in writing within a reasonable time after the occurrence.




Contractor shall submit request for delay on a monthly basis in a letter form indicating reason and date of delay. Failure to do so on a monthly basis means contractor will forfeit those delay days. Liquidated damages in the amount per day shown in Main Solicitation Document, Section 10 “Liquidated Damages”, will be assessed against the Contractor for each calendar day or portion thereof that: (1) the Contractor has not fully and timely completed the specific portion or part of the work to be completed by the end of the current month as provided in the detailed description of work and/or schedule previously submitted by the Contractor on the first day of that particular month, after accounting for any agreed-upon changed orders, which will entitle the Owner to withhold the liquidated damages from the payment otherwise owed to the Contractor for work completed in that particular month; (2) the Contractor has not substantially completed all work following the expiration of the number of calendar days to complete the work as agreed upon in the contract, after accounting for any agreed-upon changed orders; or (3) all items listed as incomplete and attached to the Certificate of Substantial Completion are not completed or corrected after expiration of the agreed time allotted for completion and correction, including any approved extensions of time granted. These liquidated damages are cumulative.

The sum of the liquidated damages will be deducted from any monies due the Contractor. If no money is due the Contractor, said sum may be recovered by the Owner from the Contractor or the Contractor's surety, or from both combined. These deductions are to cover liquidated damages to the Owner for losses to Owner that include, but are not limited to, additional expenses of Contract administration, overhead and other costs resulting from failure of the Contractor to complete the Work within the designated time, and are not to be considered as penalties. The Owner shall not be considered liable for any extra or additional payment to the Contractor as a bonus or premium for early completion. Any failure on the part of the Owner to request or require payment or withholding of liquidated damages in any particular month shall not constitute a waiver of Contractor’s requirement to pay, or the Owner’s ability to withhold from payments owed to Contractor, any liquidated damages for work performed or completed in that particular month, in any prior or subsequent month, or at the time all work has been completed.

C. CUMULATIVE REMEDIES

Every right or remedy herein conferred upon or reserved to the City shall be cumulative, shall be in addition to every right and remedy now or hereafter existing at law or in equity or by statute, and the pursuit of any right or remedy shall not be construed as an election. Provided, however, that the provisions of the REMEDIES SECTION shall be the exclusive measure of damages for




failure by the Contractor to complete the construction of the project within the time herein agreed upon.

34.PAYMENT AND PERFORMANCE REQUIREMENTS

A. PAYMENT AND INVOICES: Payment processing: The City review, inspection, and processing procedures for invoices ordinarily require thirty (30) days after receipt of invoices, materials, or services. Proposals which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Purchasing Manager, the review, inspection, and processing procedures can be completed as specified. It is the intention of the City of Denton to make payment within thirty days after receipt of valid invoices for which items or services have been received unless unusual circumstances arise. The 30 day processing period for invoices will begin on the date the invoice is received or the date the items or services are received, whichever is later.

Direct deposit for payments: Contractors are encouraged to arrange for receiving payments through direct deposit. Information regarding direct deposit payments is available from the City of Denton Purchasing website: www.dentonpurchasing.com.

Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract administrator as identified in the Notice to Proceed. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number.

B. PAYMENT TO PERFORMANCE MILESTONES

Awarded contractor shall prepare and submit invoices after completion of specific project milestones. The invoice shall detail the major milestones accomplished and detailed cost information for project. These milestones shall be submitted to the City of Denton and the City’s Project Staff shall review such for completion and accuracy, prior to payment authorization.

C. TAX EXEMPTION

The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this contract for the City of Denton may purchase materials and supplies and rent or lease equipment sales tax free. This is


http://www.dentonpurchasing.com/



accomplished by issuing exemption certificates to suppliers. Certificates must comply with State Comptroller’s ruling #95-0.07 and #95-0.09.

D. RELEASE OF LIENS AND CERTIFICATE OF CONTRACTOR

Upon award of the contract, the Contractor shall inform the City of the subcontractors and material sources that will be used. Upon the completion by the Contractor of the construction of the project, but prior to final payment to the Contractor, the Contractor shall deliver to the City releases of all liens, and of rights to claim any lien, from all manufacturers, material-men, and subcontractors furnishing services or materials for the project, to the effect that all materials or services used on or for the project have been paid for and indicating that the City is released from all such claims.

E. PAYMENTS TO MATERIAL-MEN AND SUBCONTRACTORS

The Contractor shall pay each material-men, and each subcontractor, if any, not later than five (5) days after receipt of any payment from the City, the amount thereof allowed the Contractor for and on account of materials furnished or construction performed by each material-men or each subcontractor.




B. SPECIAL NOTICES AND REQUIREMENTS

1. CONTRACT ADMINISTRATION SUBMITTALS AND REQUIREMENTS

A. General : the General Conditions, Supplementary Conditions and Special Conditions provide definite times for Contractor to submit certain lists, qualifications, price breakdowns and schedules for administrative procedures including but not necessarily limited to the following:

B. List of Subcontractors : before the execution of the Contract, the respondent awarded the contract will submit to the City for approval a list of all Subcontractors, and/or his major Subcontractors, proposed to use. This list will include each Subcontractor's correct name, mailing address and phone number.

C. C on t rac t o r ' s Super i n t e nden t : The Contractor shall submit the name and qualifications of the person designated as Project Superintendent within ten (10) days of the receipt of the Notice of Award Letter.

D. Contract Price Breakdown : upon execution of the Contract, the Contractor shall submit to the City for approval a breakdown of the Contract price, itemizing material and labor for various classifications of work.

1.The City will provide forms entitled "DETAILED ESTIMATE" for the Contractor to use to prepare the breakdown. The City will also provide an example for the Contractor to generally follow to prepare the breakdown.

2.Unit Price items will be multiplied by the estimated quantities to give the item totals. The total item will then be divided into "material" and "labor" and listed on the breakdown. The breakdown of unit price items into material and labor is required so the City may make progress payments on materials delivered before the labor is performed.

E. Work P r og re s s Schedu l e : Within three (3) weeks after receipt of a work order, the Contractor shall submit in duplicate to the City for approval an estimated progress schedule for the work in relation to the entire project.

The City will provide forms entitled "PROPOSED SCHEDULE" for the Contractor to use to prepare his progress schedule. The form is a bar chart with time across the top and work item down the side. The Contractor will fill out this form listing the work items and show the beginning and ending dates for each item. The City will provide an example for the Contractor to generally follow to prepare the progress schedule.




F. Estimated Payment Schedule: Prior to starting work, the Contractor shall submit to the City an estimate of his monthly payment requests. This shall be reviewed each month during the construction period and revised estimates furnished if significant changes are indicated.

G. Testing and Quality Control: Observation of the Contractor's work to determine compliance with the plans and specifications may include testing of material installed on the project. A Testing Laboratory located by the Contractor shall do testing of materials furnished and work performed. The Contractor shall use only materials in the work, which meet the requirements of the specifications. The Contractor shall furnish at his own expense all necessary tests and specimens for testing of the material and when requested shall furnish a complete written statement of the origin, composition, and/or manufacturer of any or all materials that are to be used in the work. All materials not conforming to the requirements of the specifications will be rejected.

T H I S Q U A L I T Y C O N T R O L SE R V I C E D O ES N O T R EL I EVE T H E C O N T R A C T O R O F H I S R ESP O N S I B I L I T Y W I T H R E G A R D T O C O N S T RUC T I N G THE WORK IN A C C O RD A NC E W I T H T H E C O N T R A C T .

Contractor shall submit appropriate tests including, but not limited to:1) Any test required in the technical specifications2) Any structural element called for on the plans, including, but not limited to dam

construction, concrete asphalt roads or paths, shelters, bridges or other structure tests, pressure test of irrigation.

3) Test to prove adequacy of design and construction of any feature that may have been accepted by Owner under contractor's "Alternate Proposal".

4) Any test that may be occasioned by any local, state, or federal law.

H. A s - B u il t D ra w i ngs: The contractor shall maintain a complete set of contract drawings in his possession, upon which he is required to note in red, or other clear manner, all deviations, final dimensions and explanatory notes arising out of actual work installed or performed in the field, and showing exact locations of such work, including trades. Notes on these drawings shall indicate installed locations and dimensioned clearances. Contractor to furnish an as- built drawn from an aerial photo identifying course, irrigation (including all components, buried or otherwise), major and minor drainage lines and related structures, all underground utilities, location of buried trees and debris, limits of topsoil, extra borrow areas, and other significant construction which could reasonably be foreseen to affect future operation.




All as-built(s) shall be supplied in CAD format.

I. Pr o j ect M anu a l s: Contractor shall supply City a project manual for operations of all mechanical systems to be included under this contract in a manner satisfactory to the design professional, his sub-consultants and City's representatives.

J. Schedule of Tests, Submittals: A schedule of anticipated tests and submittals begins on the next page. Additional submittals may be required.

2. MEETINGS

A. Pre - C on s t r u c t i on C on f erenc e : Prior to start of work, a conference between the City and Contractor will be held to discuss provisions of the contract documents, explain administrative procedures and coordinate the work effort. Time of preconstruction conference will be stated in the Work Order letter for the Contractor. Attendance by Contractor and Contractor's Superintendents is mandatory.

1. City will schedule meeting and provide meeting place.2. Attendance: The following are expected to attend:

a) City's Representative.b) Consultant's Construction Administrator. c) Representatives from Sub-Consultantsd) Contractor's General Superintendent, Projecte) Superintendent and Project Coordinator f) Representatives of major subcontractors

3. Agenda Items:a) List of major Subcontractors and Suppliers b) Tentative construction schedulec) Critical work sequencingd) Major equipment deliveriese) Designation of responsible personnelf) Procedures and processing of field decisions, proposal requests,

submittals color coordination, change orders, and applications for payment.

g) Adequacy of distribution of Contract Documents. h) Procedures for maintaining Record Documentsi) Use of Premises: office, work, storage, staging areas; Owner's

requirementsj) Construction facilities, controls and construction aids k) Temporary utilitiesl) Safety and first aid procedures m) Security proceduresn) Housekeeping procedures o) Other business




4. The City's Representative will preside over the meeting.

B. Pr og ress M e e ti ng s : Construction progress meetings may be called by the Project Manager, Project Inspector or the General Contractor to review job progress or problems.

1. Schedule meeting and notify in writing those concerned at least one week in advance of meeting.

2. Provide a convenient, comfortable meeting place.3. Contractor's Project Superintendent or Project Manager shall preside

over meeting.4. Attendance: The following are expected to attend:

a) City's Representativeb) Consultant's Construction Administratorc) Sub-consultant's unless notified otherwised) Contractor's General Superintendent, Projecte) Superintendent and Project Coordinator. f) Subcontractors having work in progressg) Subcontractors whose work will start within the next monthh) Others as requested by City, A/E, or Contractor

5. Agendaa) Review, approval of minutes or previous meeting b) Review of work progress since previous meeting c) Field observation, problems, conflictsd) Problems which impede construction schedulee) Review of off-site fabrication, and delivery schedules f) Corrective measures and procedures to regaing) projected schedule.h) Revisions to construction schedulesi) Progress schedules for succeeding period j) Schedule coordinationk) Review proposed changes for effect on construction schedule, on

completion date, and effect on other contracts of projectl) Maintenance of quality standardsm) Pending changes and substitutions n) Other business

C. M i nu t es o f M ee t i ng s : Contractor shall take notes at preconstruction and progress meetings and distribute them to those concerned in the form of minutes within four (4) calendar days after meeting.




3. SURVEYS, MEASUREMENTS AND LAYOUTS

A. G enera l : The City will provide property surveys. The Contractor shall be responsible for all control point staking as required. The Contractor's responsibility for verifying conditions is defined in the Standard General Conditions.

B. Sur v e y s , M eas u r eme n t s a nd L a y ou t O u t o f Wor k : The Contractor will establish from survey information on drawings all lines, grades, and levels and will be responsible for maintenance and accuracy thereof.

4. MISCELLANEOUS REQUIREMENTS

A. Additional safety precautions shall be instituted by the awarded contractor, as the work environment will be in an area where citizens and employees may be present, and work safety must be coordinated with the owner.

B. The Contractor shall be responsible for all spoil removals, and any excess soil that will require removal.

C. It is understood that the basis for payment on the work to be done according to the final plans and specifications shall be a lump sum fee as set forth in Contractor's submission. Any quantity estimates supplied by Designer or City are intended only as a guide to the respondent. Respondent is responsible for making his own quantity estimates and pricing from his own examination of the work to be done.

D. A schedule of Respondent's Quantities and Unit Prices is to be filled out as a part of this solicitation. Extensions of units and unit prices must total up correctly.




C. STANDARD PURCHASE TERMS AND CONDITIONS FOR CIVIL ENGINEERED CONSTRUCTION SERVICES

SPECIFICATIONS

This project shall be constructed by utilizing the October 2004 edition of the North Central Texas Council of Government’s Standard Specifications for Public Works Construction (NCTCOG, hereafter). Any permissible deviation from those specifications shall be noted either in the General Provisions, Special Contract Requirements and line Item Definitions, City of Denton Amendments to NCTCOG Specifications, or the Construction Plans.

LOCATION OF PROJECT

This improvement project is totally located within the city limits or extra territorial jurisdiction of the City of Denton, Texas. A map showing the general location of the improvements is included in the plans.

SCOPE OF WORK

The work to be performed under this contract consists of furnishing all materials, labor, supervision, tools and equipment necessary for the construction of street, drainage, and landscaping improvements as described in these specifications and the plans.

CONTRACTOR’S INSURANCE

Contractors shall refer to Attachment A for all City of Denton insurance requirements.

PROPERTY INSURANCE


‘UMBRELLA’ LIABILITY INSURANCE


POLICY ENDORSEMENTS AND SPECIAL CONDITIONS


PERFORMANCE AND PAYMENT BONDS

(a) Subject to the provisions of these general conditions and the NCTCOG specifications, the Contractor shall, with the execution and delivery of the Construction Services Agreement, furnish and file with the Owner in the amounts required in this Paragraph, the




surety bonds described in Clauses (a)(1) and (a)(2) below, which surety bonds shall be in accordance with the Charter of the City of Denton and the provisions of Chapter 2253, Texas Government Code, as amended; each bond shall be signed by the Contractor, as Principal, and by an established bonding company, as surety, meeting the requirements of these general provisions and the NCTCOG specifications, and approved by the Owner. The surety bonds shall be accompanied by an appropriate Power-of-Attorney clearly establishing the extent and limitations of the authority of each signer to so sign:

(1) Performance Bond. The Contractor shall have on file with the City of Denton, Texas, before execution of the contract a good and sufficient performance bond with an approved surety in an amount equal to one-hundred (100) percent of the total cost of this project, guaranteeing that the workmanship and materials furnished under these specifications and used in all parts of said improvements are in all respects first class and of such kind and quality that for a period of two (2) years from the completion and final acceptance thereof by the said City of Denton, the improvements shall require no repairs, the necessity for which shall be occasioned by defects in said workmanship or material. If, however, during the said period, in the opinion of the Mayor and City Council, the said improvements or associated structures and equipment shall require repairs and the necessity for such repairs, shall, in their opinion, be occasioned by defective workmanship or materials furnished in the construction of any part thereof or any of the accessories thereto, built by this Contractor, then such repairs, on due notice being given at any time during said period, by the City, to the Contractor, shall promptly be made by the Contractor in the following manner:

Upon notice from the City, served at any time during the period of said guarantee, the Contractor shall at his own expense take out and remove all worn out, inferior or defective materials found in the improvements as shown on the plans or any other part of the improvements or accessories thereto, and good acceptable materials shall be substituted therefore, including any materials that have become injured, or have become damaged by reason of their being in close proximity to such imperfect material or workmanship, the Contractor shall take up, repair and/or replace all improvements as shown on plans, that have become defective if found to be so during the term of said guarantee. Final determination will be made by the Owner’s Representative.

Should the Contractor fail to make such repairs as are deemed necessary, written notice to make the repairs shall be given by the City to the Contractor and the Surety. If said Contractor or Surety shall fail or neglect for a period of ten (10) days to make such necessary repairs as herein provided, then the City shall have the right with or without further notice, to proceed to make such repairs or cause the same to be done either by contract or otherwise at its option and to pay for the cost of such repairs. Emergency repairs to improvements may be required due to extreme weather, faulty materials, or any other cause. When the public safety is jeopardized, the City of Denton may deem




the situation an emergency. At this time, the Contractor shall have 4 hours notification by telephone to complete the repairs or the City may complete the work itself.

If such cost of repairs so made shall not be paid by the said Contractor or Surety upon receipt of Notice of the amount thereof, the said City shall have the right of action on the Performance Bond; or in case the said repairs shall not actually be made by the City after such failure on the part of the Contractor or Surety, the City shall have the right to ascertain and determine the costs of such repairs and to maintain an action against the said Contractor or Surety, or both under said bond, to recover the amount so determined in any court of competent jurisdiction, and the amount so determined shall be conclusive upon the Contractor and Surety in any action upon said bond.

(2) Payment Bond. A good and sufficient bond in an amount equal to 100% of the total Contract Sum, guaranteeing the full and prompt payment of all claimants supplying labor or materials in the prosecution of the Work provided for in the Contract Documents and any Amendments thereto, and for the use and protection of each claimant.

(b) If the Contract Sum, including Owner-accepted alternates and allowances, if any, is greater than $100,000, Performance in 100% of the Contract Sum are mandatory and shall be provided by the Contractor. If the Contract Sum is greater than $50,000 but less than or equal to $100,000, only a Payment Bond in 100% of the Contract amount is mandatory; provided, however, that the Contractor may elect to furnish a Performance Bond in the same amount if the Contractor so chooses. If the Contract Sum is less than or equal to $25,000, the Contractor may elect not to provide Performance and Payment Bonds; provided that in such event, no money will be paid to the Contractor until final completion and acceptance of all work by Owner. If the Contractor elects to provide Performance and Payment Bonds 100% of the total Contract Sum, progress payments in accordance with these General Conditions shall be disbursed.

(c) No surety will be accepted by the Owner who is now in default or delinquent on any bonds or who is a party to any litigation against the Owner. All bonds shall be made and executed on the Owner's standard forms, shall be approved by the Owner, and shall be executed by not less than one corporate surety that is authorized and admitted to do business in the State of Texas, is licensed by the State of Texas to issue surety bonds, is listed in the most current United States Department of the Treasury List of Acceptable Sureties, and is otherwise acceptable to the Owner. Each bond shall be executed by the Contractor and the surety, and shall specify that legal venue for enforcement of each bond shall lie exclusively in Denton County, Texas. Each surety shall designate an agent resident in Denton County, Texas to whom any requisite statutory notices may be delivered and on whom service of process may be had in matters arising out of the suretyship.




(c) The person or persons, partnership, company, firm, Limited Liability Company, association, corporation, or other business entity to whom the Contract is awarded shall, within ten (10) days after such award, sign the required Contract with the Owner and provide the necessary surety bonds and evidence of insurance as required under the Contract Documents. No Contract shall be binding on the Owner until it has been approved as to form by the City Attorney, executed for the Owner by the City Manager, the performance and payment bonds and evidence of insurance have been furnished as required by the Contract Documents, and the fully executed contract has been delivered to the Contractor.

(d) The failure of the Contractor to execute the Contract or deliver the required statutory bonds and evidence of insurance within ten (10) days after the Contract is awarded or as soon thereafter as the Owner can assemble and deliver the Contract shall constitute a material breach of the Contractor’s bid proposal and the Owner may rescind the Contract award and collect or retain the proceeds of the bid security. By reason of the uncertainty of the market prices or materials and labor, and it being impracticable and difficult to determine accurately the amount of damages occurring to the Owner by reason of the Contractor's failure to execute and furnish the statutory bonds and to sign the Contract within ten (10) days, the filing of a bid proposal with the accompanying bid security will be considered as an acceptance of this sub-paragraph. In the event the Owner should re-advertise for bids, the defaulting Contractor shall not be eligible to bid, and the lowest responsible bid obtained in the re-advertisement shall be the bid referred to in this Paragraph.

TIME ALLOTTED FOR COMPLETION

The number of days for this project to complete the project shall be noted in the exhibits or provided by the respondent. The Contractor is permitted to work every weekday which is not a Federal, State or Local holiday from 7:00 am to 6:00 pm. Work requiring City inspection oversight must be restricted to the hours between 8:00 am to 5:00 pm unless arrangements are made with the City beforehand. The Contractor will not be allowed to work on Saturdays unless prior arrangements are made with the City. The Contractor will not be allowed to prosecute the work on Sundays without written permission by the City due to the noise ordinance. Exceptions to the noise ordinance require approval by City Council and will require careful coordination and planning between the Contractor and City.

A Work Order shall be submitted by the City to the Contractor prior to the beginning of construction. The Work Order shall consist of a written request by the Owner’s Representative for the Contractor to proceed with the construction of the project. The Work Order shall specify the starting and ending date of the project construction. The City may set the starting date of the project construction at any date subsequent to the Work Order notification. The Work Order will be issued upon receipt of the executed contract and surety bonds from the Contractor. The Contractor will be required to execute the contract and furnish the surety bonds within 10 business days of receipt of the approved City Contract per NCTCOG Item 103.5.




The City will be the sole judge as to whether extensions of the Contract Time will be issued. The Contractor must submit extensions for time in writing within fourteen (14) days of the alleged delay per NCTCOG Item 108.8. Failure to do so will automatically render any claim for extension null and void. Normal weather related delays (e.g. rain) will be considered sufficient grounds for extension of time for projects defined by work days but not for projects defined by calendar days.

MANUFACTURER'S INFORMATION

The Contractor shall submit five (5) copies of information to the City from all manufacturers for materials and equipment to be used on the project. This information shall include:

(A) Product specifications sufficient to allow the City to determine whether the materials and equipment conform to the design concepts and project specifications.

(B) Information on all warranties provided by the manufacturer.

All submittals shall be stamped by the manufacturer indicating that the manufacturer has checked the submittal for compliance with the specifications. Unstamped or certified submittals shall be returned to the manufacturer unprocessed.

Submittals shall be provided to the City prior to or at the preconstruction meeting. Construction will not be allowed to proceed until all submittals have been approved or a written waiver is given by the City.

SAFETY OF PERSONS AND PROPERTY

(a) The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to:

(1) employees on the Work and other persons who may be affected thereby;

(2) the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub-subcontractors; and

(3) other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.




(b) The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss.

(c) The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities.

(d) When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel.

(e) USE OF EXPLOSIVES - CLAIMS AND TOTAL INDEMNIFICATION. The Owner

shall have the right to pre-approve the use of any explosives on the Project; the Contractor shall not assume in its bid that permission to use explosives will be granted. The Owner shall NOT be liable for any claim for additional time or compensation as a result of the Owner's denial of permission to use explosives. Where use of explosives is permitted by the Owner, the Contractor EXPRESSLY AGREES TO BE SOLELY RESPONSIBLE for the determination as to whether explosives shall actually be used, and for any result from the use, handling or storage of explosives, and shall INDEMNIFY, DEFEND AND HOLD COMPLETELY HARMLESS the Owner, its officers, agents and employees, and the Engineer against any and all claims, lawsuits, judgments, costs or expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, as the result of the use, handling or storage of the explosives by the Contractor or any Subcontractor, REGARDLESS OF WHETHER SAID USE, HANDLING OR STORAGE WAS NEGLIGENT OR NOT, AND REGARDLESS OF WHETHER THE DAMAGE OR INJURY WAS CONTRIBUTED TO IN ANY WAY BY THE NEGLIGENCE OR FAULT OF THE OWNER, ITS OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES, OR THE ENGINEER AND ITS OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES. In the event of conflict with any other indemnity paragraph in this Contract, this paragraph controls. This indemnity paragraph is intended solely for the benefit of the parties to this Contract and is not intended to create or grant any rights, contractual or otherwise, to or for any other person or entity. The Contractor shall furnish the Owner and the Engineer with evidence of insurance sufficient to cover possible damage or injury, which insurance shall either include the Owner and the Engineer as additional insureds or be sufficiently broad in coverage as to fully protect the Owner and the Engineer. All explosives shall be stored in a safe and secure manner, under the care of a competent watchman at all times, and all storage places shall be marked clearly "DANGEROUS-EXPLOSIVES." The method of storing and handling explosives and highly flammable materials shall conform to Federal and State laws, City of Denton ordinances, and the City of Denton Fire Department regulations. The Contractor shall notify any telecommunications and public utility




company and any private property owners having structures in the proximity of the Project Site of the Contractor’s intention to use explosives, and such notice shall be given sufficiently in advance to enable the telecommunications and public utility companies and private property owners to take such steps as they may deem necessary to protect their property from injury. The notice shall not relieve the Contractor of any responsibility for damage resulting from any blasting operations.

(f) The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in this section caused in whole or in part by the Contractor, a Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under clauses under this section, except damage or loss attributable to acts or omissions of the Owner or Engineer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor or any of its Subcontractors. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations within this general provisions and the NCTCOG specifications. To the extent that any such damage or loss may be covered by property insurance or other insurance required by the Contract Documents, the Owner and the Contractor shall exercise their best efforts to make a claim and obtain recovery from the insurers to provide for the cost, in whole or in part, of the repair work or to provide for reimbursement for such damage or loss.

(g) The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Engineer.

(h) The Contractor shall not load or permit any part of the Work or the Project site to be loaded so as to endanger its safety.

EMERGENCIES

In an emergency affecting safety, health, or security of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in these general provisions and the NCTCOG specifications.

PUBLIC CONVENIENCE AND SAFETY

(a) The Contractor shall place materials stored about the Work and shall conduct the Work at all times in a manner that causes no greater obstruction to the public than is considered necessary by the Owner. Sidewalks or streets shall not be obstructed, except




by special permission of the Owner. The materials excavated and the construction materials or plant used in the performance of the Work shall be placed in a manner that does not endanger the Work or prevent free access to all fire hydrants, water mains and appurtenances, water valves, gas valves, manholes for the telephone, telegraph signal or electric conduits, wastewater mains and appurtenances, and fire alarm or police call boxes in the vicinity.

(b) The Owner reserves the right to remedy any neglect on the part of the Contractor in regard to public convenience and safety which may come to the Owner's attention, after twenty-four (24) hours notice in writing to the Contractor. In case of an emergency, the Owner shall have the right to immediately remedy any neglect without notice. In either case, the cost of any work done by the Owner to remedy the Contractor’s neglect shall be deducted from the Contract Sum. The Contractor shall notify the City Traffic Control Department when any street is to be closed or obstructed. The notice shall, in the case of major thoroughfares or street upon which transit lines operate, be forty-eight (48) hours in advance. The Owner reserves the right to postpone or prohibit any closure or obstruction of any streets or thoroughfares to the extent necessary for the safety and benefit of the traveling public. The Contractor shall, when directed by the Engineer or the Owner, keep any street or streets in condition for unobstructed use by City departments. When the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or around structures, the Contractor’s responsibility for accidents shall include the roadway approaches as well as the crossing structures.

BARRICADES, LIGHTS, DETOUR ROUTES, AND SIGNS

The Contractor shall, at his own cost and expense, furnish and erect such barricades, fences, flashers, signals, and signs, and shall provide such other precautionary measures for the protection of persons and property as are necessary. Safety to the working forces and the general public shall be of uppermost consideration in scheduling all construction activities.

In all instances, refer to the Contract Plans, Drawings, and Technical Specification, located within the exhibits.

All signs and barricades shall be constructed and erected to conform to standards as established in the latest edition of the Manual on Uniform Traffic Control Devices. From sunset to sunrise, the Contractor shall furnish and maintain at least one battery type flasher at each barricade and a sufficient number of barricades shall be erected to keep vehicles or pedestrians from entering hazardous work areas during construction.

The Contractor will be held responsible for all damages to the work due to failure of the barricades, signs, lights, and watchmen required to protect the work area. The Contractor's responsibility for the protection of the work shall not cease until the project has been accepted by the City.




If, in the opinion of the Owner’s Representative or his duly authorized representative, the barricades and signs installed by the Contractor do not properly protect the work area, the Contractor shall immediately cease all other work activities and correct the deficiency in proper barricading.

The Contractor shall provide an ultimate effort toward safe and smooth flow of traffic during work hours.

Flagmen shall have standard reflective vests and flags as minimum equipment. Flagmen shall also be knowledgeable as to the correct procedures for flagging and shall be aware of traffic patterns and traffic needs.

All broken, damaged, or ineffective barricades or signs shall be removed from the project and replaced within two (2) hours after notification by the Owner or his designated representative.

No work will be allowed to begin prior to proper placement of all barricades and signs.

The Contractor shall designate a person who will be in charge of all barricades and signs. This person shall be knowledgeable of all current regulations of law regarding proper procedures for barricading in construction areas.

All detours, closures, partial closures, or other construction activities that require a major displacement of traffic shall require a one week advanced notice so that the City can communicate this information to the public. A barricading meeting will be held by the City with the Contractor's superintendent, the person in charge of the barricades, and the foreman in charge of the particular construction to be done.

ENVIRONMENTAL COMPLIANCE

(a) The Contractor and its Subcontractors are deemed to have made themselves familiar with and at all times shall comply with all applicable federal, state or local laws, rules, regulations, ordinances, and rules of common law now in effect (including any amendments now in effect), relating to the environment, Hazardous Substances or exposure to Hazardous Substances, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.A. §§ 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C.A. §§ 1801, et seq.; the Resource Conservation and Recovery Act of 1976, 42 U.S.C.A. §§ 6901, et seq.; the Federal Water Pollution Control Act, 33 U.S.C.A §§ 1201, et seq.; the Toxic Substances Control Act, 15 U.S.C.A. §§ 2601, et seq.; the Clean Air Act, 42 U.S.C.A. §§ 7401, et seq.; the Safe Drinking Water Act, 42 U.S.C.A. §§ 3808, et seq., and any current judicial or administrative interpretation of these laws, rules, regulations, ordinances, or rules of common law, including but not limited to any judicial or administrative order, consent decree, or judgment affecting the Project.




(b) In the event the Contractor encounters on the site materials reasonably believed to be a Hazardous Substance that have not been rendered harmless, and removal of such materials is not a part of the scope of Work required under the Contract Documents, the Contractor shall immediately stop Work in the affected area and report in writing the facts of such encounter to the Engineer and the Owner. Work in the affected area shall not thereafter be resumed except by written order of the Owner unless and until the material is determined not to be a Hazardous Substance or the Hazardous Substance is remediated. The Owner may choose to remediate the Hazardous Substance with a separate contractor or through a Change Order with the Contractor. If the Owner determines that the Hazardous Substance exists in the affected area due to the fault or negligence of the Contractor or any of its Subcontractors, the Contractor shall be responsible for remediating the condition at the sole expense of the Contractor in accordance with the Contractor’s APPROVED Spill Remediation Plan. An extension of the Contract Time for any delay in the progress schedule caused as a result of the discovery and remediation of a Hazardous Substance may be granted by the Owner only if all remaining Work on the Project must be suspended and the delay cannot be made up elsewhere in the progress schedule. Any request for an extension of the Contract Time related to the discovery and remediation of a Hazardous Substance is subject to the provisions of Paragraph 4.3 and Article 8.

(c) The Contractor shall be responsible for identification, abatement, cleanup, control, removal, remediation, and disposal of any Hazardous Substance brought into or upon the site by the Contractor or any Subcontractor or Supplier. The Contractor shall obtain any and all permits necessary for the legal and proper handling, transportation, and disposal of the Hazardous Substance and shall, prior to undertaking any abatement, cleanup, control, removal, remediation, and disposal, notify the Owner and the Owner’s Representative so that they may observe the activities; provided, however, that it shall be the Contractor’s sole responsibility to comply with all applicable laws, rules, regulations, or ordinances governing the activities.

(d) Spill Prevention Plan. At least seventy-two (72) hours prior to commencing performance of any of the Work at the Project site, the Contractor shall submit to the Owner for review and approval a Spill Prevention and Response Plan (SPRP) meeting the requirements of federal and state law, rules, and regulations. The SPRP shall be specially designed for the Contractor's planned work methods and procedures. The SPRP shall be designed to complement all applicable safety standards, fire prevention regulations, and pollution prevention policies and procedures. The SPRP shall include estimates of the quantity and rate of flow should equipment fail, and detail containment or diversionary structures to prevent spills from leaving the site or migrating into adjacent properties or navigable waters. The SPRP shall include methods of recovery of spilled materials and all applicable twenty-four (24) hour emergency phone numbers, including without limitation that of the Owner’s Project Manager or other designated representative. The Contractor shall not commence any




field work prior to approval of such plan by the Owner. The following additional rules shall apply with respect to spills caused by the Contractor or a Subcontractor:

(1) The Contractor shall immediately report any spill or release at the Project site, whether or not it is associated with this Contract, to the Owner’s Project Manager or other designated representative. Thereafter, within two (2) working days after the occurrence of such event, the Contractor shall submit a written report describing such event in a degree of detail reasonably acceptable to the Owner.

(2) The Contractor shall immediately respond in accordance with the SPRP in the event of a spill.

(3) The Contractor shall dispose of spilled materials in accordance with EPA and Texas Commission on Environmental Quality (TCEQ) regulations and any other applicable federal, state, or local laws, rules, or regulations. In connection with such disposals, the Contractor shall use only those transporters and disposal facilities that are approved in advance in writing by the Owner. A copy of all transport manifests for the spilled materials shall be obtained and retained in the Contractor’s records for reference purposes, to be provided upon request of the Engineer, the Owner, or any governmental regulatory agency with jurisdiction over the matter. ALL COSTS OF COLLECTION, CONTAINMENT, AND DISPOSAL OF SPILLED MATERIALS SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR.

(4) For purposes of this Subparagraph (e), the term “spill” includes any kind of environmental discharge or release.

(e) Clean Air Management Plan. The Contractor shall comply with the Clean Air Management Plan submitted to and approved by the Owner during the contractor selection process. The Owner reserves the right, at the Contractor’s sole expense, to require the removal or retrofitting of any equipment used in the course of construction that does not comply with the Plan submitted to and approved by the Owner.

(f) The Contractor shall deposit surplus or waste excavation or other materials removed as part of the Work at a legal disposal site in accordance with all applicable state, federal, and local laws, rules, regulations, and ordinances. The Contractor shall submit to the Owner for review and approval all planned disposal sites or proposed uses for the surplus or waste excavation or other materials prior to removal of any excavation or other material from the Project site. A copy of all transport manifests for surplus or waste excavation or other materials shall be obtained and retained in the Contractor’s records for reference purposes, to be provided upon request to the Engineer, the Owner, or any governmental regulatory agency with jurisdiction over the matter.




(g) The Contractor is responsible for obtaining all TXPDES Storm Water Permits from TCEQ for construction of the Project under regulations contained in 40 CFR Part 122, as amended, pursuant to the Clean Water Act, 33 U.S.C.A. §§1251 et seq. These regulations require the filing of a notice of intent to obtain and abide by the general storm water permit for construction activities promulgated by EPA, including but not limited to cleaning, grading, and excavation that disturb the applicable amount of total land area. In addition, the Contractor shall comply with all regulations of the Owner relating to storm water and storm water runoff management at the Project site pursuant to Chapter 19, Article IX, Denton City Code, as amended.

(h) The Contractor shall not install any materials in the performance of the Work that contain asbestos or asbestos-related material such as hydrated mineral silicate, including chrysolite, amosite, crocidolite, tremolite, anthophylite or actinolite, whether friable or non-friable.

(i) The Owner reserves the right in its sole option to exercise the following remedies (without waiving the right to pursue the imposition of any civil or criminal fines or penalties that may be imposed under state, federal, or local laws or ordinances), at no additional cost to the Owner and without an extension of the Contract Time, in the event the Contractor fails or refuses after seven (7) days advance written notice from the Owner to comply with the provisions of this Paragraph, the terms of the SPRP, the terms of the Clean Air Management Plan, any storm water permit or other environmental permit issued in connection with the Work, or any applicable environmental law, rule, regulation, or ordinance:

(1) suspend all or any portion of the Work until the noncompliance is corrected, or until a detailed plan to achieve compliance within a reasonably prompt period of time is prepared by the Contractor and approved by the Owner;

(2) if the Contractor fails to properly address the noncompliance within the time stipulated by the Owner, perform the necessary remediation or correction work and backcharge the Contractor for the cost of the remediation or correction; or

(3) terminate the Contract for cause as provided in the general provisions and NCTCOG specifications.

SUPPORT SYSTEMS INSPECTOR

All contractors involved in excavations as defined in the most current OSHA Occupational Safety and Health Standards for excavations must submit a notarized affidavit prior to award of the bid showing the name of the Support System Inspector. The affidavit must include a statement that the named individual is a competent person as defined in the OSHA regulations related to excavations. In order to be a “competent person,” one must have had specific training




in, and be knowledgeable about soil analysis, the use of protective systems, and the OSHA regulations on excavations.

WATER FOR CONSTRUCTION

Water used for any uses including sprinkling, testing, and flushing of pipelines, or any other purpose incidental to this project, will be the responsibility of the Contractor. The Contractor may obtain the water from any source, including the City of Denton. In the event that the Contractor obtains the water from the City, the Contractor shall make the necessary arrangements for securing and transporting such water and shall take such water in such a manner and at such times that will not produce a harmful drain or decrease of pressure in the City's water system. The Contractor shall make arrangements with the City to provide the water required and the Contractor shall pay for the water at the prevailing rate.

STAKING LINES AND GRADE

The Contractor shall furnish control staking for all alignments, grades and elevations which the Contractor may need to complete this project. The Contractor shall protect and maintain the control staking. Any survey stakes or markers that are disturbed by the Contractor shall be replaced by the Contractor immediately at the Contractor’s expense. The Contractor shall furnish suitable material, labor and expertise to erect and maintain adequate working stakes, batter boards, or laser equipment for construction as the job progresses.

U. S. POSTAL MAILBOXES

The Contractor shall be fully responsible for maintaining and protecting all existing U.S. Postal mailboxes during the construction period. Postal mail delivery must be maintained on a daily basis to all postal delivery points within the project area. For projects that require a section of road to be completely closed to traffic, the mailboxes shall be relocated to a nearby street corner where they shall be placed for temporary delivery service. The Contractor shall relocate the boxes working in cooperation with the Postal Director and the City. Following the completion of the work, the Contractor shall restore all postal boxes to their previous locations or as close as is possible.

Because of the legal significance of the postal delivery service, the Contractor shall consider this responsibility as a first priority. Mailboxes shall be placed 42" above the ground and located directly behind the back of the curb. Both measurements shall be the front lower face of the mailbox.




FOREMAN DESIGNATION REQUIREMENTS

The Contractor shall designate in writing a foreman for the project at the preconstruction meeting. This foreman shall make every effort to cooperate with the City Inspector and shall not be an equipment operator at any time unless authorized in writing by the City. Communications and work methods shall be established early and maintained throughout the project at satisfactory levels for both parties.

MATERIAL SAMPLING AND TESTING

Unless otherwise stipulated in the contract documents, initial testing of all materials, construction items or products incorporated in the work shall be performed at the direction of the Owner’s Representative and expense of the City, including initial compaction and density tests deemed necessary.

In the event materials, construction items or products incorporated in the work fail to satisfy the minimum requirements of the initial test, appropriate prove out test shall be made as directed by the Owner’s Representative to determine the extent of the failure and to verify that the corrective measures have brought the item up to specification requirements. The cost of all testing necessary to determine the extent of the failure and the adequacy of the corrective measures shall be the responsibility of the Contractor.

The failure of the Owner’s Representative to direct or City to make any tests of materials shall in no way relieve the Contractor of his responsibility of furnishing materials conforming to the contract documents.

Tests, unless otherwise specified, shall be made in accordance with the latest methods of the American Society for Testing and Materials. The Contractor shall provide such facilities as the Owner’s Representative or City may require for collecting and forwarding samples and shall not use the materials represented by the samples until tests have been made. The Contractor shall furnish adequate samples without charge.

The inspections and tests made by the City shall ordinarily be made without cost to the Contractor unless otherwise expressly specified in the contract documents. The Contractor shall furnish without additional cost to the Owner’s Representative or City such materials for testing as may be reasonably necessary. Retesting after failure to pass tests shall be at the expense of the Contractor. Should the percentage of rejected material or equipment be unreasonably large, the additional cost of such inspection and tests resulting therefrom shall be borne by the Contractor. The Owner’s Representative shall judge what is considered extra inspection and shall determine the additional cost incurred thereby and payable by the Contractor.

SCOPE OF WORK CHANGES




Changes in the scope of work for the project shall be handled in accordance with the provisions of Item 104 of the NCTCOG specifications.

WORKING AREA

The Contractor shall confine its equipment, storage of materials and construction operations to the public right-of-way and easements shown on the plans or described in the specifications. Storage of equipment and materials shall not restrict the public use of right-of-way or easements unless specifically approved by the City. The Contractor shall not have exclusive right to the working area, as it must accommodate other contractors or City forces which may utilize the same area for other construction activities.

RESTORATION OF PROPERTY

The Contractor is responsible for restoring public or private property damaged by its construction activities to a condition as good as or better than the condition prior to construction. This provision applies specifically, but not exclusively, to existing concrete or asphalt pavement, concrete sidewalk, concrete curb and gutter, concrete drainage structures, utilities, fencing, structures, and landscaping that are within the work zone but that are not required to be removed in order to install the improvements called for on the plans. Cost for this restoration shall be borne solely by the Contractor. Failure to restore the damaged property by the Contractor may be cause for the City to restore the property on its own and then deduct the restoration cost from the monies owed the Contractor per NCTCOG Item 107.26.

LETTERS OF RELEASE

A Letter of Release from each property owner affected by the project is required prior to acceptance of any public improvement, particularly when the Contractor has performed work outside of City right-of-way or public easements. The letter should state that the owner finds the restoration of the property acceptable. The Contractor will be held responsible for restoring disturbed property to a condition at least equal to the condition that existed prior to construction. The Contractor will not be held responsible for repairing prior damage or for excessive or unreasonable requests of the property owner. Whether a property owner's request is reasonable or not will be determined by the Owner’s Representative.




PARTIAL PAYMENTS/PROGRESS PAYMENTS

Partial payments will be made within thirty (30) days of receipt of an undisputed invoice and acceptance of work performed. Only complete and in place items will be paid for and no payment will be made for materials on hand (disregard that line item on the invoice submittal form). A five percent (5%) retainage will be held by the City, calculated using the total work complete to date of the partial payment. Workday or calendar day counts for each month should be agreed on before being submitted on the partial estimate. Counts will be considered final when processed for payment.

(a) After the Owner’s Representative has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Engineer, if applicable. The Owner shall not be liable for interest on any late or delayed progress payment or final payment caused by any claim or dispute, any discrepancy in quantities, any failure to provide supporting documentation or other information required with the Application for Payment or as a precondition to payment under the Contract Documents, or due to any payment the Owner or the Owner’s Representative has a right to withhold or not certify under the Contract Documents. Notwithstanding the foregoing, the Owner may refuse to make payment on any Certificate for Payment (including, without limitation, the final Certificate for Payment) for any default under the Contract Documents, including but not limited to those defaults set forth in these general provision and the NCTCOG specifications. The Owner shall not be deemed in default by reason of withholding payment while any Contractor default remains uncured.

(b) The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of each Subcontractor’s portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractors portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner.

(c) The Owner’s Representative will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Engineer and the Owner on account of portions of the Work done by such Subcontractor.

(d) Neither the Owner nor the Owner’s Representative shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. That obligation belongs to the Contractor or, in the event of the Contractor’s failure to pay a Subcontractor, to the Surety on the Payment Bond as required.




(e) Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs (b), (c), and (d), above.

(f) A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not performed in accordance with the Contract Documents.

OVERTIME CHARGES FOR CONSTRUCTION INSPECTORS

If any person or Contractor doing street, utility or sidewalk construction, excavation, alteration or repair requests and receives necessary inspection by City personnel for such work outside of normal business hours (8:00 o'clock A.M. to 5:00 o'clock P.M. weekdays and non-holidays) such person or contractor shall be charged and pay one hundred and five dollars ($105.00) per hour (minimum of four (4) hours) for such inspection. The Inspector must be notified at least 24 hours in advance for overtime to be performed on week days and 48 hours in advance for overtime to be performed on weekends or holidays. The City may withhold payment to the Contractor for non-payment of overtime charges.

FINAL COMPLETION AND FINAL PAYMENT

(a) Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner’s Representative, or the City of Denton Public Works Inspection Department, will promptly make final inspection and, when the listed above representatives finds the Work acceptable under the Contract Documents and the Contract Documents fully performed, the Owner’s Representative will promptly issue a final Certificate for Payment stating that to the best of the Owner’s Representative’s knowledge, information and belief, and on the basis of the Owner’s Representative’s observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said final Certificate is due and payable. The Owner’s Representative final Certificate for Payment will constitute a further representation that conditions listed in this section as a condition precedent to the Contractor’s being entitled to final payment have been fulfilled. Owner will normally make final payment within thirty (30) days after Owner's receipt and approval of the final Certificate for Payment. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work, unless otherwise provided by separate agreement between the Owner and the Contractor.

(b) Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Owner’s Representative:

(1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be




responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied;

(2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner;

(3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents;

(4) a consent of surety to final payment; and (5) if required by the Owner, other data establishing payment or satisfaction of

obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner.

(c) As a precondition to final payment by the Owner under this Contract, the Contractor's affidavit under Clause (b)(1) shall state that the Contractor has paid each of his subcontractors, laborers or materialmen in full for all labor and materials provided to him for the Work under this Contract. In the event the Contractor has not paid each of his subcontractors, laborers or materialmen in full, the Contractor shall state in the affidavit the amount owed and the name of each subcontractor, laborer or materialmen to whom such payment is owed. IN ANY EVENT, THE CONTRACTOR SHALL BE REQUIRED TO EXECUTE THE OWNER'S STANDARD AFFIDAVIT OF FINAL PAYMENT AND RELEASE AS A PRECONDITION TO RECEIPT OF FINAL PAYMENT.

(d) If, after Substantial Completion of the Work, final completion of the Work is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Owner’s Representative confirms the delay, the Owner shall, upon application by the Contractor and certification by the Owner’s Representative, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Owner’s Representative prior to certification of payment. Payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

(e) The acceptance by the Contractor of the final payment shall operate as and shall be a complete release of the Owner from all claims or liabilities under the Contract, for anything done or furnished or relating to the Work or the Project, or for any act or neglect of the Owner relating to or connected with the Work or the Project.




DELAYS AND EXTENSIONS OF TIME

(a) If the Contractor is delayed at any time in the progress of the Work by an act or neglect of the Owner or Engineer, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor’s control, or by delay authorized by the Owner pending a claim, or by other causes which the Engineer determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Engineer and Owner may determine.

(b) Claims relating to Contract Time and time extensions shall be made in accordance with the applicable provisions these general provisions and NCTCOG specifications.

(c) No Damages for Delay. NOTWITHSTANDING ANY OTHER PROVISIONS OF THE CONTRACT DOCUMENTS, INCLUDING THE GENERAL CONDITIONS, NO ADJUSTMENT SHALL BE MADE TO THE CONTRACT SUM AND THE CONTRACTOR SHALL NOT BE ENTITLED TO CLAIM OR RECEIVE ANY ADDITIONAL COMPENSATION AS A RESULT OF OR ARISING OUT OF ANY DELAY, HINDRANCE, DISRUPTION, FORCE MAJEURE, IMPACT, OR INTERFERENCE, INTENTIONAL OR UNINTENTIONAL, FORESEEN OR UNFORESEEN, WHICH INCREASES THE TIME TO COMPLETE THE WORK, INCLUDING BUT NOT LIMITED TO ANY DELAYS CAUSED IN WHOLE OR IN PART BY THE ACTS, OMISSIONS, FAILURES, NEGLIGENCE, OR FAULT OF THE OWNER, THE ENGINEER, OR THE OWNER'S REPRESENTATIVE, AN EXTENSION OF THE CONTRACT TIME UNDER THE CONTRACT PROVISIONS BEING THE CONTRACTOR’S SOLE REMEDY.

(d) The Owner shall have the right to occupy, without prejudice to the right of either party, any completed or largely completed portions of the structure or Work, notwithstanding the fact that the Contract Time for completing all or a portion of the Work may not have expired. Partial occupancy and use shall not be deemed as an acceptance of the Work taken or used.

(e) The Contractor shall promptly suspend the Work when either the Contractor or the Owner is ordered to do so by a court order from a court having lawful jurisdiction, and the Contractor will not be entitled to additional compensation by virtue of any delays resulting from the court order. The Contractor will also not be liable to the Owner for a delay caused in fact by the Work being suspended by a court order.

(f) The Owner’s Representative, with the consent of the Owner, shall have the authority to suspend the Work, in whole or in part, for such period or periods as the Owner’s Representative deems necessary due to unusual or severe weather conditions as are




considered unfavorable for the suitable prosecution of the Work, or due to failure on the part of the Contractor to correct conditions considered unsafe for workmen or the general public. If it should become necessary to stop the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily or become damaged in any way, and shall take every precaution to prevent damage or deterioration of the Work performed. In cases of suspension of the Work under this Subparagraph, the Contractor shall also provide suitable drainage about the Work and erect temporary structures where necessary. The Contractor shall not suspend the Work in whole or in part without written authority from the Owner’s Representative or the Owner, and shall resume the Work promptly when notified by the Owner’s Representative or the Owner to resume operations.

(g) In the event of a delay that is the responsibility of the Contractor or any of the Subcontractors, for which the Contractor is not entitled to a time extension under the provisions of this Contract, the Owner may direct that the Work be accelerated by means of overtime, additional crews or additional shifts, or resequencing. This acceleration shall be at no cost to the Owner and will continue until the Contract Time is restored. In the event of a delay for which the Contractor is entitled to a time extension, as determined by the Owner’s Representative, Owner may similarly direct acceleration and the Contractor agrees to perform same on the basis that the Contractor will be reimbursed only to the extent described in these general provisions and the NCTCOG specifications. THE CONTRACTOR EXPRESSLY WAIVES ANY OTHER COMPENSATION RESULTING FROM ACCELERATION, SUCH AS LOSS OF LABOR PRODUCTIVITY OR EFFICIENCY.

TERMINATION BY THE OWNER FOR CAUSE

(a) Notwithstanding any other provision of these General Conditions, the Work or any portion of the Work may be terminated immediately by the Owner for any good cause after giving seven (7) days advance written notice and opportunity to cure to the Contractor, including but not limited to the following causes:

(1) Failure or refusal of the Contractor to start the Work within ten (10) days after the date of written notice by the Owner to commence the Work.

(2) A reasonable belief that the progress of the Work being made by the Contractor is insufficient to complete the Work within the specified time.

(3) Failure or refusal of the Contractor to provide sufficient and proper equipment or construction forces to properly execute the Work in a timely manner.

(4) A reasonable belief that the Contractor has abandoned the Work.




(5) A reasonable belief that the Contractor has become insolvent, bankrupt, or otherwise financially unable to carry on the Work.

(6) Failure or refusal on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any written orders given by the Engineer or the Owner as provided for in the Contract Documents.

(7) Failure or refusal of the Contractor to promptly make good any defects in materials or workmanship, or any defects of any nature, the correction of which has been directed in writing by the Owner’s Representative.

(8) A reasonable belief by the Owner that collusion exists or has occurred for the purpose of illegally procuring the Contract or a Subcontractor, or that a fraud is being perpetrated on the Owner in connection with the construction of Work under the Contract.

(9) Repeated and flagrant violation of safe working procedures.

(10) The filing by the Contractor of litigation against the Owner prior to completion of the Work.

(b) When the Work or any portion of the Work is terminated for any of the causes itemized above or for any other cause except termination for convenience pursuant to these provisions, the Contractor shall, as of the date specified by the Owner, discontinue the Work or portion of the Work as the Owner shall designate, whereupon the surety shall, within fifteen (15) days after the written notice of termination for cause has been served upon the Contractor and the surety or its authorized agents, assume the obligations of the Contractor for the Work or that portion of the Work which the Owner has ordered the Contractor to discontinue and may:

(1) perform the Work with forces employed by the surety;

(2) with the written consent of the Owner, tender a replacement contractor to take over and perform the Work, in which event the surety shall be responsible for and pay the amount of any costs required to be incurred for the completion of the Work that are in excess of the amount of funds remaining under the Contract as of the time of the termination; or

(3) with the written consent of the Owner, tender and pay to the Owner in settlement the amount of money necessary to finish the balance of uncompleted Work under the Contract, correct existing defective or nonconforming Work, and compensate the Owner for any other loss sustained as a result of Contractor's default.




In the event of termination for cause involving Clause (b)(1) or (b)(2), the Surety shall assume the Contractor's place in all respects, and the amount of funds remaining unpaid under the Contract shall be paid by the Owner for all Work performed by the surety or the replacement contractor in accordance with the terms of the Contract Documents, subject to any rights of the Owner to deduct any costs, damages, or actual damages that the Owner may have incurred, including but not limited to additional fees and expenses of the Engineer and attorneys fees, as a result of such termination.

(c) The balance of the Contract Sum remaining at the time of the Contractor’s default and of the termination shall become due and payable to the surety as the Work progresses, subject to all of the terms, covenants, and conditions of the Contract Documents. If the surety does not, within the time specified in this provisions, exercise its obligation to assume the obligations of the Contract, or that portion of the Contract which the Owner has ordered the Contractor to discontinue, then the Owner shall have the power to complete the Work by contract or otherwise, as it may deem necessary. The Contractor agrees that the Owner shall have the right to take possession of or use any or all of the materials, plant, tools, equipment, supplies, and property of every kind provided by the Contractor for the purpose of the Work, and to procure other tools, equipment, labor, and materials for the completion of the Work, and to charge to the account of the Contractor the expenses of completion and labor, materials, tools, equipment, and incidental expenses. The expenses incurred by the Owner to complete the Work shall be deducted by the Owner out of the balance of the Contract Sum remaining unpaid to or unearned by the Contractor. The Contractor and the surety shall be liable to the Owner for any costs incurred in excess of the balance of the Contract Sum for the completion and correction of the Work, and for any other costs, damages, expenses (including but not limited to additional fees of the Engineer and attorney’s fees), and actual damages incurred as a result of the termination.

(d) The Owner shall not be required to obtain the lowest bid for the Work of completing the Contract as described in these provisions, but the expenses to be deducted from the Contract Sum shall be the actual cost of such Work. In case the Owner’s expense is less than the sum which would have been payable under the Contract, if the same had been completed by the Contractor, then the Owner may pay to the Contractor (or the Surety, in the event of a complete termination for cause) the difference in the cost, provided that the Contractor (or the Surety) shall not be entitled to any claim for damages or for loss of anticipated profits. In case such expenses for completion shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contractor, then the Contractor and his Sureties shall pay the amount of the excess to the Owner on notice from the Owner for excess due. When only a particular part of the Work is being carried on by the Owner by contract or otherwise under the provisions of this Subparagraph, the Contractor shall continue the remainder of the Work in conformity with the terms of the Contract, and in such




manner as not to hinder or interfere with the performance of workmen employed and provided by the Owner.

(e) The right to terminate this Contract for the convenience of the Owner (including but not limited to non-appropriation of funding) is expressly retained by the Owner. In the event of termination for convenience, the Owner shall deliver at least ten (10) days advance written notice of termination for convenience to the Contractor. Upon the Contractor’s receipt of such written notice, the Contractor shall cease the performance of the Work and shall take reasonable and appropriate action to secure and protect the Work in place. The Contractor shall then be reimbursed by the Owner in accordance with the terms and provisions of the Contract Documents, not to exceed actual labor costs incurred, materials stored at the Project site or away from the Project site as approved by the Owner but not yet paid for, plus actual, reasonable, and documented termination charges, if any, paid by the Contractor in connection with the Work in place which is completed and in conformance with the Contract Documents to the date of termination for convenience. No amount shall ever be due to the Contractor for lost or anticipated profits.

TEMPORARY SUSPENSION OF THE WORK

(a) The Work or any portion of the Work may be temporarily suspended by the Owner immediately upon written notice to the Contractor for any reason, including but not limited to:

(1) the causes described in Termination for Cause Clauses (a)(1) through (a)(10) above;

(2) where other provisions in the Contract Documents require or permit temporary suspension of the Work;

(3) situations where the Work is threatened by, contributes to, or causes an immediate threat to public health, safety, or security; or

(4) other unforeseen conditions or circumstances.

(b) The Contractor shall immediately resume the temporarily suspended Work when ordered in writing by the Owner to do so. The Owner shall not under any circumstances be liable for any claim of the Contractor arising from a temporary suspension due to a cause described in Clause (a)(1) above; provided, however, that in the case of a temporary suspension for any of the reasons described under Clauses (a)(2) through (a)(4), where the Contractor is not a contributing cause of the suspension under one of those Clauses or where the provision of the Contract Documents in question specifically provides that the suspension is at no cost to the Owner, the




Owner will make an equitable adjustment for the following items, provided that a claim is properly made by the Contractor under these General Conditions:

(1) an equitable extension of the Contract Time, not to exceed the actual delay caused by the temporary suspension as determined by the Engineer and the Owner;

(2) an equitable adjustment to the Contract Sum for the actual, necessary, and reasonable costs of properly protecting any Work that is finished or partially finished during the period of the temporary suspension (no profit and overhead shall be allowed on top of these costs); and

(3) if it becomes necessary to move equipment from the Project site and then return it to the Project site when the Work is ordered to be resumed, an equitable adjustment to the Contract Sum for the actual, necessary, and reasonable cost of these moves; provided, however, that no adjustment shall be due if the equipment is moved to another Project site of the Owner.

WARRANTY FULFILLMENT

Prior to the expiration of the specified warranty period provided for in the Contract Documents, the Owner’s Representative will make a detailed inspection of the Work and will advise the Contractor and the Contractor’s Surety of the items that require correction. The Owner’s Representative will make a subsequent inspection and if the corrections have been properly performed, the Owner’s Representative will issue a letter of release on the maintenance stipulations to the Contractor and the Surety. If for any reason the Contractor has not made the required corrections before the expiration of the warranty period, the warranty provisions as provided for in the Contract Documents shall remain in effect until the corrections have been properly performed and a letter of release issued.

CITY OF DENTON CONSTRUCTION MANAGEMENT PROCEDURES

I. Preconstruction Meeting

A preconstruction meeting is required before any project shall begin in the City of Denton or its jurisdiction limits. Represented at the meeting, as applicable, shall be:

A. City of Denton representativesB. Contractor's representativesC. Consulting Engineers representativesD. Affected utilities in the construction area represented.

This meeting shall consist of reviewing the plans with all the representatives present to discuss proposed construction methods and utility adjustment, to discuss project management and administrative procedures and to clear up any doubts about the plans




and specifications. The Contractor will be required to present a proposed project schedule at the meeting. Location of the meeting shall be at a location designated by the City. Call Greg Blackstone, City of Denton Inspections Department @ 940-349-8904 for specifics at least 48 hours in advance of the meeting.

For privately funded projects, a minimum of three current, City approved sets of plans shall be provided to the City of Denton at the beginning of the preconstruction meeting by the Consulting Engineer.

II. Plans and Specifications:

A current set of City approved plans and specifications shall be in the possession of the contractor on the first day of the project. These shall be shown to the City of Denton Inspector before any work is allowed to proceed on that project. A legible set of plans shall be retained by the contractor throughout the project until its completion.

III. Final Acceptance Procedures and Conditions:

The following are to be applied at the discretion of the Owner’s Representative to the public improvements being inspected by the Public Works Inspection Department. This is an effort to speed completion of projects to final acceptance which should increase the efficiency of the inspection process being provided.

A. Final Acceptance of Street or Sidewalk Improvements

1. As-built drawings from the Consulting Engineer2. Cleanup of the work site including sweeping the streets or sidewalks in a

dust free manner.3. Asphalt Cores - Depth4. Concrete breaks all meet specification.5. Valve boxes & Manholes in street raised to proper elevations and working.6. All services (water & sewer) stamped on curbs.7. Revegetation of the work site established to specifications.

B. Final Acceptance of Water, Sewer, and Storm Sewer Improvements

1. As-built drawings from the Consulting Engineer2. All required tests pass (air, water, bacteriological samples, etc.). Fire

hydrants must be raised to final elevation prior to testing.3. Cleanup of the work site including sweeping the streets or sidewalks in a

dust free manner.4. Valves, cleanouts, manholes, and junction boxes accessible and working

smoothly.




5. Re-vegetation of the work site established to specifications.

FINAL ACCEPTANCE PROCEDURES

1. All punch lists shall be considered preliminary unless they are specifically documented as the final punch list.

2. Final punch lists shall be provided to the Contractor in person and through the mail by a certified letter.

3. Contractor shall acknowledge receipt of the final list and discuss at that time any requirements he feels are not consistent with City of Denton Standard Specifications. Any corrections to the list shall be made at that time or the list shall be considered final.

4. When the final punch list is complete for the entire project, a letter of acceptance will be issued. No deviations shall be allowed unless approved in writing by the Owner’s Representative for the City of Denton.

1.2. CITY OF DENTON SURVEYING REQUIREMENTS

The following are the standard surveying requirements for public improvements with the City of Denton.

Street Improvements

1. Street grades and alignment at 50' stations - both sides - or at 25' stations in all vertical curves or horizontal curves.

2. Grades and alignment at all curb returns for intersections, alleys, and other curb breaks as instructed by City Inspector.

3. Grades and alignment stakes for streets shall be separated enough from utility stakes that the Inspector can easily follow all staking.

4. Maximum offsets shall be 10 feet. Methods of transferring grades from long offsets (4' - 10') shall be approved by Inspector.

5. Valley gutter grades shall follow the flow line of the curb on each side and shall be constructed with the aid of a string line unless problems develop requiring stakes.

6. All changes to the plans deemed major by the Inspector shall be restaked by the project surveyor.

Sewer Lines

1. Grade and alignment stakes shall be provided at 50' intervals.2. Manholes, cleanouts, bends, and any other appurtenance shall be staked before construction

begins in that area.




3. Services shall be staked or centerline of the lot staked for the service to be placed 5' downstream from the centerline. Existing property pins shall not be used as construction stakes.

4. Staking requirements for changes to the plans and offset limits shall be the same as for streets and water lines.

5. Sewer grades shall be distinctly separated from street grades on any stakes so each improvement can be easily built with no confusion.

Water Lines

1. Alignment stakes shall be provided at 50' intervals. Grade stakes shall be provided at each grade change shown on the plans and at 50' intervals where grades are critical.

2. All service lines shall be staked or the centerline of the lot staked if services are to be located 5' upstream of the centerline. These stakes shall be put up specifically for the services. Property pin stakes left over from preliminary staking are not to be used as construction stakes.

3. Valves, bends, fire hydrants, tees, and all other appurtenances to the line shall be staked before construction in that area proceeds. Offsets for alignment are critical, especially for the fire hydrants to keep them 2' behind the back of the curb. The Surveyor shall consult with the Inspector before work begins to establish the appurtenances that do need exact stakes.

4. Any changes to the plans deemed major by the Inspector shall be re-staked by the Surveyor. Offset requirements shall be the same as for streets.

Conflicts Over Surveying Requirements

The Contractor is responsible for construction staking unless otherwise noted in the Special Contract Requirements. Communications regarding surveying after the preconstruction meeting should be between the City Inspector and the Contractor’s Surveyor. Direct communication reduces the chances of misunderstandings in the process of the work.

Any questions over City requirements regarding surveying standards shall be discussed at the preconstruction meeting or with the Owner’s Representative prior to that meeting. Unless a signed letter is placed in the construction file, the requirements as listed in this section shall be considered applicable.




Cut Sheet Requirements

Cut sheets shall be provided to the Contractor and to the City Inspector. These sheets shall contain all needed grades based on top of curb elevations or existing surface elevations for streets, drainage, water and sewer improvements. Each special item such as service lines, manholes, fire hydrants, valves, cleanouts, junction boxes, and any other items as required by the Inspector shall have a cut from top of curb grades of the street in that area or existing surface elevations.

Should a conflict arise between the PO, RFP document, supplier terms, or contract; the terms and conditions set forth in the RFP document and final contract shall prevail.

3. SPECIAL CONTRACT REQUIREMENTS AND ITEM DEFINITIONS

As stated in the General Provisions, the October 2004 edition of the North Central Texas Council of Governments Standard Specifications for Public Works Construction will be utilized as a basis for both general and technical procedures to include types of materials and construction procedures used in construction projects in the City of Denton. The following specifications and definitions are intended to (1) highlight requirements in the NCTCOG found on most projects in the City of Denton, (2) make specific requirements for materials or procedures where the NCTCOG gives options, (3) specify provisions for deviation from the NCTCOG, and (4) define the bid items listed in the Exhibit I – Pricing Spreadsheet. The following specifications are also numbered in accordance with the NCTCOG to aid in locating more specific requirements.

Conflicts sometimes arise when City of Denton provisions conflict with either the plans for the project or the North Central Texas Council of Governments Specifications. The following order of precedence shall generally be followed in case of conflicts; however, the Owner’s Representative shall make the final determination:

1. City of Denton Plans2. City of Denton Specifications3. NCTCOG Standard Specifications

Payment sections of the specifications include all material, labor, and equipment necessary to complete the project.

Item 103.3 Surety Bonds




General: This item shall be used to separate the bonds as specified in the contract documents into a separate bid item. Include all bonds with their related costs in this item.NCTCOG Reference: Item 103.3Payment: Payment shall be lump sum for all bonds provided for in the bid proposal.

Item 107.19.3 Excavation Protection

General: Excavation protection, where required, shall be in strict compliance with NCTCOG Item 107.19.3 and the most current OSHA regulations. The Contractor shall submit three (3) copies of his site specific trench safety plan prepared by a licensed Professional Engineer in the State of Texas to the City prior to construction. The City will not review the submittal; it is simply a confirmation that the Contractor has prepared a trench safety plan as required by state and federal law. The City assumes no responsibility for trench safety and shall be held harmless under the indemnification clause of NCTCOG Item 107.19.3.2. Any changes in the trench excavation plan after initiation of construction will not be cause for an extension of time and will require a new submittal to the City.The Contractor accepts sole responsibility for compliance with all applicable safety requirements.NCTCOG Reference: Item 107.19.3Payment: Payment for this item shall be at the contract unit price per linear foot of excavation protection measures utilized.

Item 107.20 Project Signs

Two signs advertising the CIP Construction Project shall be placed in strategic points with lettering as needed to adequately describe the work. These two signs shall be placed prior to beginning work and maintained until the end of the project. No payment shall be made to the Contractor for maintenance of these signs.

Each sign shall be constructed with ¾” weather treated plywood and shall be painted white with blue letters and symbols. Letter size shall conform to dimensions shown on sign drawing. Exceptions or variations from the sign shown below shall not be allowed.NCTCOG Reference: Item 107.20Payment: Payment will be at the contract unit price for each Project Sign installed.




The flag shall resemble the Texas Flag. The Background of the stars and the “City of Denton” lettering shall be blue. The lower bar of the flag shall be red, and the upper bar shall be white. The dimensions, from the farthest ends, shall be 12 inches, vertical, and 23.5 inches horizontal. The flag shall appear in the dimensions shown. The contractor may request a digital copy in either .jpg or .tif format.




INDEX AND CITY OF DENTON AMENDMENTS TO NCTCOG SPECIFICATIONS

Item Description Page201 Temporary Erosion Control 67201.11 Stabilized Construction Entrance 67202.5 Sodding 67-68202.6 Seeding Turf Grass 68203.3 General Site Preparation 68203.7 Embankment 69301.2 Lime Treatment 69301.5 Flexible Sub-base or Base 69-70302.9 Asphalt Pavement (Materials Only) 70303 Portland Cement Concrete Pavement 70-71305.1 Concrete Curb & Gutter 71-72305.2 Concrete Sidewalks 72501.1 Underground Conduit Materials 72-73501.7 Ductile Iron Pressure Pipe 73-74501.7.4 Ductile Iron Fittings 74501.14 Polyvinyl Chloride (PVC) Water Pipe 74-75501.15 Polyvinyl Chloride (PVC) Pressure Rate Pipe & Fittings for Wastewater 75-76501.17 Polyvinyl Chloride (PVC) Wastewater Pipe & Fittings 76-77501.24 Fiberglass Wastewater Pipe & Fittings 77-78502.1-A Concrete Manhole 78-80502.1-B Fiberglass Manhole 80-82502.3 Fire Hydrant Assembly 82-83502.6.2 Resilient Seated Gate Valve 83502.6.3 Air Valves 84502.8 Polyethylene Wrap for Metal Pipe and Fittings 84502.10.3-A Water Service Connections (Small Diameter) 84-85502.10.4 Sanitary Sewer Services 85-86502.12.4 Core into Existing Manhole 86-87503.2 Tunnel/Casing Pipe Spacers 87503.3 Boring and Tunneling 87-88507.4.5 Sewer Pipe Coupling 88-89507.5.2 Television Inspection 89-90801 Barricades, Detours, and Warning Signs 91SS01 Cut and Plug Existing Sewer Lines 91SS02 Abandon Existing Manhole 92SS03 Remove Existing Manhole 92


CITY OF DENTON AMENDMENTS TO NCTCOG SPECIFICATIONS

Item 107.25 Disposal of Materials

Vegetative material removed as a result of work operations shall be transported off-site and deposited at a legal site in accordance with all applicable federal, state, and local laws and regulations. Removed vegetation will not be allowed to remain in piles or mounds on the easement or surrounding property.

NCTCOG Reference: Item 107.25Payment: No separate payment shall be made for disposal of vegetative materials. The disposal of vegetative materials shall be considered a subsidiary cost of General Site Preparation (Item 203.3).

Item 201 Temporary Erosion Control

General: This item shall govern the control measures required to prevent and control soil erosion from the work site.Construction Requirements: The contractor shall be responsible for providing temporary erosion control during the construction process according to the specifications and procedures outlined under NCTCOG Item 201. An erosion control plan must be submitted by the contractor and approved by the Owner’s Representative prior to beginning construction. The erosion control plan must specify the type and location of all erosion control devices and methods. The contractor is free to use any of the erosion control options specified under NCTCOG Item 201 to control erosion. Erosion control devices and methods must follow the specifications outlined under NCTCOG Item 201 and the corresponding detail drawings in Division 1000. All erosion control devices must be maintained and inspected through the construction process. All erosion control devices shall be inspected every 7 calendar days during construction. In the event that silt or construction debris does escape the immediate construction areas, the contractor shall be responsible for cleaning it up within 24 hours of the incident. This includes soil tracked out of the construction areas by the contractor’s vehicles. If the project inspector sees that a certain erosion control method or location is not working, he may direct the contractor to correct the erosion control devices accordingly. Duration: All erosion control devices must remain in place until the disturbed soil in the work site is stabilized. Stabilization may be obtained through one of the following options: Seeding of the work zone until 70% of the disturbed area has vegetative coverage, sodding the disturbed area, placement of an erosion blanket over the disturbed area, or the application of organic mulching material to cover the disturbed area.Payment: Payment will be at the contract unit price per linear foot of pipe installation protected by temporary erosion control measures.NCTCOG Reference: Item 201

Item 201.11 Stabilized Construction Entrance

General: This item shall govern the construction of a stabilized construction entrance to the work site to minimize the tracking of soil from the work site to City streets and roads.Materials: Stone and filter fabric shall meet the requirements of NCTCOG Item 201.11.2.

City of DentonRFP General Provisions –Terms and Conditions

Civil Engineered Construction Services

Construction: The construction entrance shall be constructed according to NCTCOG Drawings 1070A and 1070B and in accordance with the provisions of NCTCOG Item 201.11.3.NCTCOG Reference: Item 201Payment: Separate payment for stabilized construction entrances shall not be made. This shall be considered a subsidiary cost of Item 203.3 General Site Preparation.

Item 202.5 Sodding

General: This item provides for the preparation and placement of turf grass blocks or plugs upon all areas where vegetation is removed or damaged due to the construction of public service lines, facilities, roads or sidewalks.Installation: Sod grass shall be placed according to the specifications listed under NCTCOG Item 202.5 and to the extents listed on the plans if so indicated. City approval on the location, amount and type of sod is required prior to placement. Failure to obtain City approval prior to placement may be cause for the City to reject payment. This item includes labor, material, equipment, water, and fertilizer necessary to establish the sod grass prior to acceptance.NCTCOG Reference: Item 202.5Payment: Payment for this item shall be at the contract unit price for each square yard of sod grass placed. Price shall be full compensation for furnishing of all materials and labor, including water and fertilizer required to establish the sod grass.

Item 202.6 Seeding Turf Grass

General: This item provides for the preparation and seeding of turf grass of all areas where vegetation is removed or damaged due to the construction of public service lines, facilities, roads or sidewalks.Installation: Turf grass shall be seeded on areas that have been stripped of vegetative cover due to construction activities. City approval on the location, amount and type of seed grass is required prior to placement. Failure to obtain City approval prior to placement may be cause for the City to reject payment. Turf grass may be seeded according to any of the methods listed under NCTCOG Item 202.6. This item includes labor, material, equipment, water, and fertilizer necessary to establish the broadcast seed prior to acceptance. Seed plantings must be sprouted prior to project acceptance and the Contractor must maintain the seeded area until 70% cover is achieved.NCTCOG Reference: Item 202.6Measurement: Measurement and payment for seeding shall be based on the square yardage of seeded area.Payment: Payment for this item shall be at the contract unit price for seeding per square yard. Price should be full compensation for furnishing of all materials including water for seeding fertilizer slurry and maintaining growth.




Item 203.3 General Site Preparation

General: This item shall consist of preparing the right-of-way or public easements for construction operations by the removal of all obstructions and disposal of the materials by the contractor. Disposal of removed materials is the responsibility of the contractor. Obstructions to be removed under this item are listed in NCTCOG Item 203.3.1. Exceptions to the obstructions list shall be noted on the plans or in the Special Contract Requirements. The contractor shall keep tree removal within the permanent utility easement or right-of-way to a minimum, only removing trees necessary to install the improvements unless otherwise noted on the construction plans. All properties shall be restored to the same or better condition than prior to the construction. Existing fencing, railing, gates and barriers that require removal during construction will be replaced with equal or better fencing, railing, gates and barriers at the end of the project. Payment for replacement fencing, railing, gates and barriers is considered subsidiary to this line item.NCTCOG Reference: Item 203.3Payment: Payment for this item shall be at the contract lump sum for General Site Preparation.

Item 203.7 Embankment

General: This item shall consist of the placement and compaction of approved soils to the standards and surface grades as indicated by the construction plans or Special Contract Requirements.Construction: Embankment shall be constructed in accordance to NCTCOG Item 203.7.2. The base soil surface on which the embankment will be constructed shall be scarified or plowed to a minimum depth of 6 inches prior to the placement of any embankment layers. Embankment shall be compacted in layers not to exceed 12 inches in depth. Embankment shall be compacted to the requirements specified in the Special Contract Requirements.NCTCOG Reference: Item 203.7Payment: Payment for this item shall be at the contract unit price for each cubic yard of embankment material placed and compacted. Payment shall include all labor, equipment and materials required to place the embankment material and to establish the surface grades indicated on the construction plans.




Item 301.2 Lime Treatment

General: This item establishes the requirements for the treatment of pavement subgrades with hydrated lime. General requirements are found in NCTCOG section 301.2 with modifications listed below.Materials: Dry hydrated lime or slurry lime (commercial Grade 2 or Grade 3). Quicklime is not allowed.Construction: All subgrade surfaces shall be shaped within 0.2 feet of finished grade before liming operations start. Soft areas of the subgrade shall be removed and replaced with suitable soil prior to lime treatment. Lime shall be mixed at the minimum rate and to the minimum subgrade depth indicated on the plans or in the specifications. The final lime treated mixture shall pass the gradation requirements of NCTCOG Table 301.2.3.5.1. (a). The mixed material shall be compacted to the density specified in NCTCOG Item 301.2.3.6. A minimum of three days of curing time after the initial mixing of the subgrade will be required before the placement of base courses or other construction activities are permitted. The treated subgrade shall be kept moist during the curing process to prevent cracking of the treated surface. If the pavement or other base courses are not to be placed within 14 days of final mixing, a seal coat conforming to NCTCOG Item 302.3.5.1 and NCTCOG Tables 302.3.5.1.(a) and 302.3.5.1.(b) shall be applied to the treated subgrade surface.Payment: Payment shall be at the contract unit price per square yard of subgrade treated.

Item 301.5 Flexible Subbase or Base (Crushed Stone/Concrete)

General: This item shall govern the composition and placement of flexible base for use as a foundation course for other pavement courses or as a surface course.Material: The material shall be crushed stone, naturally occurring gravel or crushed concrete. The material shall adhere to the Grade 1 material requirements of Table 301.5.2.(a) of the NCTCOG specifications. Any material source shall be approved by the City before any work occurs.Construction: Preparation of the subgrade, course applications, density, and finish shall be in accordance with NCTCOG Item 301.5.2. If the existing subgrade is unsuitable, the subgrade materiel shall be removed and replaced with suitable subgrade material from the work site or with select backfill specified by the Owner’s Representative.Payment: Payment shall be at the contract unit price per square yard of flexible base or subbase constructed in place to the full depth specified on the plans.




Item 302.9 Asphalt Pavement (Materials Only)

General: This item shall govern the use of allowable asphalt pavement materials required for the construction of asphalt pavement.Aggregate Composition: Coarse aggregate, fine aggregate, sand and mineral filler shall adhere to the standards of NCTCOG Item 302.2. Aggregate gradation requirements shall conform to the asphalt mix design indicated on the plans or in the Special Contract Requirements.Bituminous Materials: Unless the plans or Special Contract Requirements specify otherwise, the asphaltic binder for asphalt pavement shall be Grade AC-20 asphalt cement.Fibrous Reinforcement: Unless the plans or Special Contract Requirements specify otherwise, fibrous reinforcement of asphalt pavement will not be allowed.Paving Mixture: The paving mix design shall conform to the standard plan details or Special Contract Requirements. In general, only Type A, B, C, and D mix designs shall be allowed.Prime Coat: A priming coat is not required between pavement courses unless specifically called for on the plans or in the Special Contract Requirements.Tack Coat: Tack coat shall be a rapid setting emulsified asphalt conforming to Type RS-2 in NCTCOG Table 302.3.4.(a) unless otherwise specified in the plans or Special Contract Requirements.

Item 303 Portland Cement Concrete Pavement

General: This item shall govern the composition and construction of Portland cement concrete pavement to the standards and dimensions required by the plans and specifications. Materials:

Aggregate Composition: Coarse and fine aggregates for concrete shall conform to the provisions of NCTCOG Item 303.2.1.Portland Cement: Portland cement shall conform to the provisions of NCTCOG Item 303.2.2.Chemical Admixtures: Chemical admixtures shall conform to the provisions of NCTCOG Item 303.2.3. Air entrainment admixtures shall be utilized to ensure total air content of the concrete between 4% and 6%. Water reducing and set retarding admixtures shall be approved on a project by project basis.Mineral Admixtures: Mineral admixtures shall conform to the provisions of NCTCOG Item 303.2.4. Maximum fly ash amount shall not exceed 25% by weight per cubic yard of concrete.Mineral Filler: Mineral filler will be allowed under the provisions of NCTCOG Item 303.2.5 and Table 303.2.5.(a).




Fibrous Reinforcement: Fiber reinforcement is required for concrete sidewalk. Fiber shall be Fibermesh® 300 Synthetic Fiber as produced by Propex Concrete Systems or an approved equivalent. Application shall be 1.5 lbs of fiber per cubic yard of concrete. Application shall follow the manufacturer’s guidelines.Steel Reinforcement: Steel reinforcement shall be of the size and quantity as called for on the plans or in the Special Contract Requirements. Steel reinforcement shall conform to the standards of NCTCOG Item 303.2.9.Curing Materials: Curing material shall be a ASTM 309 Type 2, white pigmented curing compound unless otherwise noted on the plans or in the Special Contract Requirements. The use of mats, paper or film shall not be permitted for curing purposes. The compound and its application shall conform to NCTCOG Item 303.2.13. The compound shall be applied per the manufacturer’s guidelines.Mix Design: Mix design shall be as called for on the plans or in the Special Contract Requirements.

Construction: Concrete shall be mixed, delivered and placed per the requirements of NCTCOG Items 303.3, 303.4 and 303.5. Concrete shall not be placed if the temperature is less than 40 degrees F and falling but may be placed if the temperature is above 35 degrees F and rising. Contractor is responsible for any adverse impacts on the quality and strength of concrete placed due to weather related conditions. Under no circumstances shall concrete be placed upon frozen subgrade. Concrete must be placed within the time limits prescribed by NCTCOG Table 303.5.5.(a). Hand finishing of concrete pavement is only allowed in areas inaccessible to a finishing machine. Curing compound shall be applied immediately upon conclusion of finishing per NCTCOG Item 303.5.7. Curing compound shall be applied to the side pavement edge after the forms are removed and before the placement of soil. Excessive voids or honeycombing of the pavement edge may be cause for the rejection of the pavement section. When required, contraction or dummy joints shall be sawed into the concrete per the plans within 24 hours of placement.Unless otherwise noted in the plans or Special Contract Requirements, all vehicle traffic shall be excluded from the new concrete pavement for a minimum of 14 days. Payment: Payment shall be at the contract unit price per square yard of concrete placed at the design pavement thickness. Price shall include all concrete, steel reinforcement, form work, finishing work, jointing, sawing, sealing, and cleaning. Integral or monolithic concrete curb placed with the pavement shall not be included; it shall be paid for separately.

Item 305.1 Concrete Curb & Gutter

General: This item shall consist of Portland Cement Concrete Curb and Gutter installed separately from new concrete pavement.Materials: Concrete shall conform to the class called for on the plans or in the current City standard detail drawings. Steel reinforcement dowels, where required, shall be as called for on the plans or in the current City standard detail drawings.Construction: No concrete shall be placed if the temperature is less than 35 degrees F. Concrete curb and gutter shall be installed per the plans and according to the provisions of NCTCOG Item 305.1.3. Expansion joints shall be required every 200 feet of curb length per




NCTCOG Item 305.1.3.4. One longitudinal dowel bar of #4 reinforcing steel two feet in length shall be required at every expansion joint.Backfilling: The curb and gutter shall be backfilled within seventy-two (72) hours of pouring. The backfill shall be of suitable material and compacted in a manner acceptable to the City. All backfill material shall be free of clods and rocks and compacted to a level even with the top of curb.Payment: Payment shall be at the contract unit price for concrete curb and gutter complete and in place. The unit price shall include backfilling of soil behind the curb. The unit price does not include the excavation or disposal of material required to install the curb and gutter.

Item 305.2 Concrete Sidewalks

General: This item governs the composition and construction of new concrete sidewalks.References: The contractor shall refer to Item 305.2 of the NCTCOG Specifications, and the Texas Accessibility Standards Section 4, Accessible Elements and Spaces: Scope and Technical Requirements for details not specifically called out in this specification, the plans, or the Special Contract Requirements.Construction: Sidewalk shall be installed per the plans and the most current City standard sidewalk details. Unless otherwise noted on the plans or Special Contract Requirements, the Contractor shall be responsible for identifying the extent of the public right-of-way or easements in which the sidewalk will be installed. Where a permanent obstruction is encountered and existing right-of-way or easement is insufficient for the full width of the proposed sidewalk, the sidewalk width may be reduced to thirty-six inches for the length of the obstruction. The path of the sidewalk around an obstruction shall utilize a gradual curve so as not to create a sharp bend around the obstruction. Where new concrete sidewalk adjoins an existing concrete sidewalk, curb and gutter, or driveway approach, an expansion joint shall be placed at the interface and the new sidewalk shall be connected to the existing concrete item with 6 inch long, #3 steel reinforcement dowel bars placed every 24 inches.The completed sidewalk must have an unobstructed vertical clearance of eighty inches for the entire length and width of the sidewalk. Trees, shrubs and brush that must be trimmed to complete this task must be cut and removed in a professional manner.Materials: Concrete mix design and steel reinforcement shall be as called for on the plans, in the current City standard detail drawings, or in the Special Contract Requirements. Fiber Reinforcement and curing compound shall conform to the provisions of Item 303 Portland Cement Concrete Pavement.Payment: Payment shall be made at the contract unit price per square yard of concrete sidewalk complete in place. Price shall include concrete, fiber reinforcement, reinforcing steel, and joint material. Contract unit price does not include the removal and disposal of any material required to install the new concrete sidewalk, including existing sidewalk.

Item 501.1 Underground Conduit Materials




General: This item establishes the permissible conduit material types and size restrictions for water, sanitary sewer and drainage applications. No other conduit types shall be permitted unless specifically called for in the plans or Special Contract Requirements.Water: Conduit shall be either AWWA C900 PVC pipe, AWWA C151 Ductile Iron pipe, AWWA C303 Bar-wrapped Concrete Steel Cylinder pipe, or AWWA C200 Steel Water pipe. Size and thickness restrictions for each pipe material type are given in the table below:Pipe Material Diameter Range (in) Min. Thickness Class AWWA C900 6 – 12 DR-18AWWA C151 16 – 24 Class 52AWWA C303 16 and larger Design SpecificAWWA C200 30 and larger Design Specific

Sanitary Sewer: Conduit shall be either AWWA C900/C905 PVC pipe (pressure rated applications only), ASTM D3034 PVC pipe, ASTM F679 PVC pipe, ASTM D3262 Fiberglass pipe, or ASTM F714 Solid Wall Polyethylene Plastic pipe (pipe-bursting applications only). Size and thickness restrictions for each pipe material type are given in the table below:Pipe Material Diameter Range (in) Min. Thickness Class AWWA C900 6 - 12 DR-18AWWA C905 14 and larger DR-18ASTM D3034 6 – 15 SDR-35ASTM F679 18 and larger PS 46ASTM D3262 18 and larger PS 46ASTM F714 6 and larger Application Specific

Drainage: Conduit shall be either ASTM C76 Reinforced Concrete pipe, ASTM A760 Corrugated Aluminized Type 2 Steel pipe, or ASTM C789 and ASTM C850 Precast Reinforced Concrete Box Sections. Size and thickness restrictions for each pipe material type are given in the table below:Pipe Material Diameter Range (in) Min. Thickness Class ASTM C76 18 and larger Class IIASTM A760 18 - 42 Design SpecificASTM C789 or C850 As manufactured Application Specific




Item 501.7 Ductile Iron Pressure Pipe

General: This item shall govern the materials of construction and installation of Ductile Iron Pressure Pipe for use in potable water distribution.Material: Unless otherwise noted on the plans or in the Special Contract Requirements, ductile iron pressure pipe shall conform to AWWA C-151 standards and have push-on joints conforming to AWWA C111 standards. Where a pipe joint requires a mechanical joint connection or a flanged joint connection, an appropriately jointed pipe segment shall be furnished conforming to AWWA C111 or AWWA C110 standards. Pipe shall have a bituminous exterior coating and be exterior corrosion protected using a polyethylene encasement per AWWA C-105. Pipe shall be interior corrosion protected using a cement mortar lining per AWWA C-104.Installation: Pipe and fittings shall be installed at the locations and in the quantities indicated on the plans or in the Special Contract Requirements. Pipe without a design profile shall be installed at the minimum depths required by the current City of Denton Water Criteria Manual. Pipe shall be installed according to the provisions of NCTCOG Items 505 “General Conduit Installation” and 506 “Water Conduit Installation”. Trench width and depth shall be governed by the appropriate trench detail drawing in the plans or the current City trench detail drawing. Installation under existing pavement shall require a pavement saw cut conforming to NCTCOG Item 402.3 “Sawing”. Ductile iron pressure pipe shall be wrapped in two layers of polyethylene encasement prior to burial. Embedment and backfill shall be as required by the appropriate trench detail drawing in the plans or the current City trench detail drawing. Unless the plans or Special Contract Requirements indicate otherwise, concrete thrust blocking shall be installed at all pipe bends, tees, or pipe ends according to the thrust blocking details in the plans or the current City standard thrust blocking details. The maximum length of open trench at any time shall be 200 feet. Open trench at the end of the working day must be plated or barricaded from public access.Testing and Disinfection: Pipe shall be hydrostatically tested according to the provisions of NCTCOG Item 506.5 “Hydrostatic Test” and NCTCOG Table 506.5.(a). Pipe shall be purged and disinfected according to the provisions of NCTCOG Item 506.7 “Purging and Disinfection of Water Conduits”. Disinfection may be accomplished by either the continuous feed or slug feed methods. The City reserves the right to review the Contractor’s plan of disinfection and make modifications to the plan.Payment: Payment for this item shall be at the contract unit price per linear foot of water pipe installed. Unit price shall include pavement cut and repair, trench excavation, embedment, pipe and fitting installation, backfill, thrust blocking, testing and disinfection, and temporary and permanent pavement repair if required, including but not limited to curb and gutter, driveway approach, sidewalks, and asphalt or concrete pavement repair. A separate unit price may be utilized to differentiate pipe installed under pavement from pipe installed in unpaved areas. Asphalt or concrete saw cut and removal shall be included in the unit price for water pipe installed under pavement.

Item 501.7.4 Ductile Iron Fittings




General: This item shall govern the material requirements of ductile iron fittings for use in water service supply. Installation of ductile iron fittings is described under the ductile iron and PVC pipe installation specifications.Materials: Unless otherwise noted on the plans or in the Special Contract Requirements fittings shall be made of ductile iron and conform to either AWWA C110 for standard fitting sizes or AWWA C153 for compact fitting sizes. Fitting sizes and dimensions shall be as called for on the plans. Fittings shall have a bituminous seal coating and a cement interior lining in accordance with AWWA C104. Fittings shall be wrapped in AWWA C105 polyethylene encasement after installation. Fitting connection types shall be as called for on the plans or where unspecified, mechanical joint by mechanical joint. Bolting hardware shall conform to NCTCOG Item 501.7.4. Mechanical joints shall utilize T style bolts only. Flange connections shall utilize hex bolts only.Payment: There is no separate pay item for ductile iron fittings as they are considered a subsidiary cost of water line pipe installation.

I tem 501.14 Polyvinyl Chloride (PVC) Water Pipe

General: This item shall govern the materials of construction and installation of PVC pipe for use in potable water distribution.Material: Unless otherwise noted on the plans or in the Special Contract Requirements, pipe shall meet AWWA specification C-900 for diameter sizes 4" through 12" with a minimum wall thickness of DR 18. PVC pipe shall be blue in color. Any discoloration in the pipe shall be sufficient cause for rejection.Installation: Pipe and fittings shall be installed at the locations and in the quantities indicated on the plans or in the Special Contract Requirements. Pipe without a design profile shall be installed at the minimum depths required by the current City of Denton Water Criteria Manual. Pipe shall be installed according to the provisions of NCTCOG Items 505 “General Conduit Installation” and 506 “Water Conduit Installation”. Trench width and depth shall be governed by the appropriate trench detail drawing in the plans or the current City trench detail drawing. Installation under existing pavement shall require a pavement saw cut conforming to NCTCOG Item 402.3 “Sawing”. Embedment and backfill shall be as required by the appropriate trench detail drawing in the plans or the current City trench detail drawing. Unless the plans or Special Contract Requirements indicate otherwise, concrete thrust blocking shall be installed at all pipe bends, tees, or pipe ends according to the thrust blocking details in the plans or the current City standard thrust blocking details. The maximum length of open trench at any time shall be 200 feet. Open trench at the end of the working day must be plated or barricaded from public access.Testing and Disinfection: Water pipe shall be hydrostatically tested according to the provisions of NCTCOG Item 506.5 “Hydrostatic Test” and NCTCOG Table 506.5.(a). Pipe shall be purged and disinfected according to the provisions of NCTCOG Item 506.7 “Purging and Disinfection of Water Conduits”. Disinfection may be accomplished by either the continuous feed or slug feed methods. The City reserves the right to review the Contractor’s plan of disinfection and make modifications to the plan.Payment: Payment for this item shall be at the contract unit price per linear foot of water pipe installed. Unit price shall include pavement cut and repair, trench excavation, embedment, pipe and fitting installation, backfill, thrust blocking, testing and disinfection, and temporary and




permanent pavement repair if required, including but not limited to curb and gutter, driveway approach, sidewalks, and asphalt or concrete pavement repair. A separate unit price may be utilized to differentiate pipe installed under pavement from pipe installed in unpaved areas. Asphalt or concrete saw cut and removal shall be included in the unit price for water pipe installed under pavement.

Item 501.15 Polyvinyl Chloride (PVC) Pressure Rated Pipe & Fittings for Wastewater

General: This item shall govern the materials of construction and installation of PVC pipe and fittings for use in pressurized wastewater applications.Material: Unless otherwise noted on the plans or in the Special Contract Requirements, pipe shall meet AWWA specification C-900 for diameter sizes 4" through 12" and AWWA specification C-905 for diameter sizes 14" and greater. Minimum wall thickness shall be DR 18. PVC pipe shall be green in color if the application is for raw wastewater and purple if the application is for reuse. Any discoloration in the pipe shall be sufficient cause for rejection. Fittings shall be AWWA C907 PVC.Installation: Pipe and fittings shall be installed at the locations and in the quantities indicated on the plans or in the Special Contract Requirements. Pipe without a design profile shall be installed at the minimum depths required by the current City of Denton Wastewater Criteria Manual. Pipe shall be installed according to the provisions of NCTCOG Items 505 “General Conduit Installation” and 506 “Water Conduit Installation”. Trench width and depth shall be governed by the appropriate trench detail drawing in the plans or the current City trench detail drawing. Installation under existing pavement shall require a pavement saw cut conforming to NCTCOG Item 402.3 “Sawing”. Embedment and backfill shall be as required by the appropriate trench detail drawing in the plans or the current City trench detail drawing. Unless the plans or Special Contract Requirements indicate otherwise, concrete thrust blocking shall be installed at all pipe bends, tees, or pipe ends according to the thrust blocking details in the plans or the current City standard thrust blocking details. The maximum length of open trench at any time shall be 200 feet. Open trench at the end of the working day must be plated or barricaded from public access.Testing and Disinfection: Pipe shall be hydrostatically tested according to the provisions of NCTCOG Item 506.5 “Hydrostatic Test” and NCTCOG Table 506.5.(a).Payment: Payment for this item shall be at the contract unit price per linear foot of pressure rated wastewater pipe installed. Unit price shall include pavement cut and repair, trench excavation, embedment, pipe and fitting installation, backfill, thrust blocking, testing, and temporary and permanent pavement repair if required, including but not limited to curb and gutter, driveway approach, sidewalks, and asphalt or concrete pavement repair. A separate unit price may be utilized to differentiate pipe installed under pavement from pipe installed in unpaved areas. Asphalt or concrete saw cut and removal shall be included in the unit price for water pipe installed under pavement.




Item 501.17 Polyvinyl Chloride (PVC) Wastewater Pipe & Fittings

General: This item describes the materials of construction and installation of solid wall unplasticized polyvinyl chloride (PVC) wastewater pipe and fittings for gravity flow applications.Submittals: Submittals shall demonstrate that the solid wall PVC wastewater pipe and fittings meet all of the required standards of this item.Materials:

A. Pipe and fittings shall meet the requirements of ASTM D3034 for pipe and fittings up through 15 inches in diameter. For diameters greater than 15 inches pipe and fittings shall meet the requirements of ASTM F679 with a pipe stiffness of 46 psi at 5% deflection.

B. Wall thickness shall be SDR-35 unless otherwise noted on the plans or in the Special Contract Requirements.

C. Fitting wall thickness shall match the main line pipe wall thickness.D. Pipe and fittings shall be green in color. Any discoloration in the pipe shall be

sufficient cause for rejection.Installation: Pipe and fittings shall be installed at the locations and in the quantities indicated on the plans or in the Special Contract Requirements. Pipe shall be installed to the grade and alignment indicated on the plans. Pipe shall be installed according to the provisions of NCTCOG Items 505 “General Conduit Installation” and 507 “Wastewater Conduit Installation”. Trench width and depth shall be governed by the appropriate trench detail drawing in the plans or the current City trench detail drawing. Installation under existing pavement shall require a pavement saw cut conforming to NCTCOG Item 402.3 “Sawing”. Embedment and backfill shall be as required by the appropriate trench detail drawing in the plans or the current City trench detail drawing. The maximum length of open trench at any time shall be 200 feet. Open trench at the end of the working day must be plated or barricaded from public access.

Testing and Inspection: Pipe shall be air tested according to the provisions of NCTCOG Item 507.5.1.3 “Low Pressure air Testing”. Pipe shall be deflection tested according to the provisions of NCTCOG Item 507.5.1.4 “Flexible Pipe (Deflection) Testing”. Pipe shall be inspected by television in accordance with City of Denton Amendment Item 507.5.2.Payment: Payment for this item shall be at the contract unit price for each linear foot of solid wall PVC wastewater pipe installed. Unit price shall include pavement cut and repair, trench excavation, embedment, pipe and fitting installation, backfill, testing, and temporary and permanent pavement repair if required, including but not limited to curb and gutter, driveway approach, sidewalks, and asphalt or concrete pavement repair. A separate unit price may be utilized to differentiate pipe installed under pavement from pipe installed in unpaved areas. Asphalt or concrete saw cut and removal shall be included in the unit price for sanitary sewer pipe installed under pavement.

Item 501.24 Fiberglass Wastewater Pipe & Fittings




General: This item describes the materials of construction and installation of fiberglass (glass-fiber reinforced thermosetting-resin) pipe and fittings for use in wastewater applications.Submittals: Submittals shall demonstrate that the fiberglass wastewater pipe and fittings meet all of the required standards of this item.Materials:

A. Pipe intended for gravity flow applications shall meet the requirements of ASTM D3262 for pipe stiffness of 46 psi at 5% deflection. Fittings shall conform to ASTM D3840 standards and match the pipe stiffness.

B. Pipe intended for pressure flow applications shall meet the requirements of ASTM D3754 for pipe stiffness of 46 psi at 5% deflection. Fittings shall conform to ASTM D5685 standards and match the pipe stiffness.

C. Minimum wall thickness shall conform to Class PN25/SN46 for gravity flow pipe and Class PN150/SN46 for pressure flow pipe unless otherwise noted on the plans or in the Special Contract Requirements.

D. Joints shall utilize a gasketed coupling capable of spanning both ends of the pipe to be joined and conforming to ASTM D4161. The coupling pressure class shall match or exceed the pipe pressure class.

Installation: Pipe and fittings shall be installed at the locations and in the quantities indicated on the plans or in the Special Contract Requirements. Pipe shall be installed to the grade and alignment indicated on the plans. Pipe shall be installed according to the provisions of NCTCOG Items 505 “General Conduit Installation” and 507 “Wastewater Conduit Installation”. Trench width and depth shall be governed by the appropriate trench detail drawing in the plans or the current City trench detail drawing. Installation under existing pavement shall require a pavement saw cut conforming to NCTCOG Item 402.3 “Sawing”. Embedment and backfill shall be as required by the appropriate trench detail drawing in the plans or the current City trench detail drawing. The maximum length of open trench at any time shall be 200 feet. Open trench at the end of the working day must be plated or barricaded from public access.

Testing and Inspection: Pipe shall be air tested according to the provisions of NCTCOG Item 507.5.1.3 “Low Pressure air Testing”. Pipe shall be deflection tested according to the provisions of NCTCOG Item 507.5.1.4 “Flexible Pipe (Deflection) Testing”. Pipe shall be inspected by television in accordance with City of Denton Amendment Item 507.5.2.Payment: Payment for this item shall be at the contract unit price for each linear foot of fiberglass wastewater pipe installed. Unit price shall include pavement cut and repair, trench excavation, embedment, pipe and fitting installation, backfill, testing, and temporary and permanent pavement repair if required, including but not limited to curb and gutter, driveway approach, sidewalks, and asphalt or concrete pavement repair. A separate unit price may be utilized to differentiate pipe installed under pavement from pipe installed in unpaved areas. Asphalt or concrete saw cut and removal shall be included in the unit price for sanitary sewer pipe installed under pavement.




Item 502.1-A Concrete Manhole

General: This item governs the construction of monolithic poured concrete manholes used in the wastewater collection system.References: NCTCOG Item 502.1 “Manholes”

NCTCOG Item 702 “Concrete Structures”Submittals: Submittals are required for the pipe-to-manhole connector, concrete mix design, bitumastic gaskets, grout, frame and cover, grade adjustment riser (if required), drop fittings and pipe (if required), and interior liner (if required).

Material:A. Concrete - Concrete shall conform to the strength requirements called for on the

plans or in the current City standard manhole detail. B. Pipe-to-Manhole Connector - Connector shall be elastomeric PVC or rubber

that meets ASTM C923 standards.C. Bitumastic Gasket - Bitumastic gasket shall be O-ring or preformed plastic or

butyl rubber conforming to NCTCOG Item 502.7 “Preformed Flexible Conduit Joint Sealant”.

D. Grout - Grout shall be non-shrink, high strength grout that meets ASTM C1107 standards.

E. Frame and Cover - Frame and cover shall be grey or ductile iron castings conforming to the requirements of NCTCOG Table 806.4.1.2.(a) “Iron Castings Standards”. Workmanship shall adhere to NCTCOG Item 806.4.2. The frame and cover shall have a minimum clear opening of 30 inches and conform to the current City standard frame and cover detail for dimensions and style.

F. Grade Adjustment Riser – Grade adjustment riser shall be precast concrete manufactured in accordance to ASTM C478. No other material is allowed unless specifically called for on the plans or in the Special Contract Requirements. Riser shall have a minimum clear opening of 30 inches and be free of defects.

G. Drop Manhole Pipe and Fittings – Pipe and fittings for drop manholes shall conform to the same standards as those for the mainline pipe material. Fitting and pipe dimensions shall match the size of the incoming pipe and shall conform to the current City standard drop manhole detail.

H. Interior Lining – Unless otherwise specified on the plans or in the Special Contract Requirements, the interior liner for concrete manholes shall be Raven®

405 epoxy coating manufactured by Raven Lining Systems, Inc. No substitutes are allowed for this product.

Installation:A. Unless otherwise indicated on the plans or in the Special Contract

Requirements, all new manholes indicated on the plans must be cast-in-place concrete.

B. Concrete manholes shall be constructed or installed at the locations and to the dimensions indicated on the construction plans. Manholes shall be constructed




or installed according to the plan details or the current City standard manhole detail for the relevant manhole type.

C. Rock foundation for concrete manholes shall be Aggregate Grade 4 crushed rock as described in NCTCOG Item 504.2.2.1. Thickness shall be as called for on the plans or in the current City standard detail.

D. Concrete manhole construction shall follow the guidelines of NCTCOG Item 502.1.4 and NCTCOG Item 702.4 except where indicated below.

E. Construction joints are not allowed for cast-in-place concrete manholes. If a construction joint is required due to delays in concrete delivery, weather or any other cause the City Inspector or Engineer shall direct the type of construction joint to be installed before proceeding with the remaining concrete placement. Cost for the creation of the construction joint and any associated delay in the construction of the manhole shall be solely the responsibility of the Contractor.

F. Concrete placement is only permitted if the temperature is equal to or greater than 40 degrees F and rising.

G. Cast-in-Place manholes shall not be backfilled for at least 12 hours after the forms have been removed.

H. The final elevation of the frame and cover shall conform to the elevation called for on the plans with the following allowable modifications.Manholes installed in existing pavement shall have the top of the frame cover match as closely as possible the pavement elevation. Manhole covers in parkway, lawns, or other improved lands shall be at an elevation of not more than 1 inch nor less than one half 1/2 inch above the surrounding ground unless otherwise specified by the plans. Backfill shall provide a uniform slope from the top of the manhole casting for not less than 3 feet each direction to finished grade of the ground. Manholes in open fields, unimproved land, or drainage courses shall be at an elevation of not more than 12 inches or less than 6 inches above the surrounding ground unless otherwise specified by the plans.Manholes in proposed paved areas shall have grade stakes with the finish elevation of the street. The final elevation of the frame cover shall conform to the final elevation of the street.

I. Frame and cover shall be placed with one strip of bitumastic gasket between the manhole cone and the frame. No gaps will be allowed in the bitumastic gasket.

Where grade adjustment risers are required, bitumastic gaskets shall be placed between each riser layer, the frame bottom and the cone top. Gasket shall provide a watertight seal between the adjoining elements.

J. Interior and exterior grouting is required for all construction joints, between grade adjustment riser layers, and between the frame and manhole cone. Grouting shall have a smooth finish and provide a watertight seal capable of permitting the manhole to pass the low pressure air test.

K. Drop manholes and vented manholes shall be constructed as shown on the plans or in accordance with the current City standard detail.

L. Backfilling requirements around the manhole shall conform to the standard




trench detail relevant to the location of the manhole.M. Interior lining of a manhole shall be conducted only after the manhole has

passed the low pressure air test described in NCTCOG Item 502.1.5.2. Lining shall be performed by a contractor certified by the manufacturer to field apply their product.

Field Quality Control:A. No water shall be allowed to stand in the channel or on the shelf of a new

manhole.B. The manhole shall be visually inspected inside and on the exterior portions

above ground. Any form lines or honey combing shall be smoothed and grouted.

C. The manhole shall be vacuum tested according to NCTCOG Item 502.1.5.2.

Payment: Payment for this item shall be made at the contract unit price for each concrete manhole constructed or installed. The unit price shall include all labor, equipment, and materials necessary to construct, install and backfill around the manhole as indicated on the plans. The unit price shall also include any pavement, curb, sidewalk or driveway cut and repair required to install the manhole. Drop, Vented or Lined manholes shall be separate pay items also covered under this specification. The Drop, Vented or Lined Manhole shall be at the contract unit price for that item and include all labor, equipment, and materials necessary to construct the Drop, Vented or Lined Manhole, including all pipe and fittings necessary to make the drop or vent outlet.

Item 502.1-B Fiberglass Manhole

General: This item governs the materials of construction and installation of fiberglass manholes used in the wastewater collection system.References: NCTCOG Item 502.1 “Manholes”Submittals: Submittals are required for the pipe-to-manhole connector, concrete mix design, fiberglass manhole shell, bitumastic gaskets, grout, frame and cover, grade adjustment riser, and drop fittings and pipe (if required).Material:

A. Concrete - Concrete shall conform to the strength requirements called for on the plans or in the current City standard fiberglass manhole detail.

B. Pipe-to-Manhole Connector - Connector shall be elastomeric PVC or rubber that meets ASTM C923 standards.

C. Bitumastic Gasket - Bitumastic gasket shall be O-ring or preformed plastic or butyl rubber conforming to NCTCOG Item 502.7 “Preformed Flexible Conduit Joint Sealant”.

D. Fiberglass Manhole Shell – Manhole shell shall conform to ASTM D3753 standards and NCTCOG Item 502.1.1.2 requirements. Unless otherwise noted on the plans or the Special Contract Requirements, manhole shells will not have factory installed pipe stub-outs.




E. Grout - Grout shall be non-shrink, high strength grout that meets ASTM C1107 standards.

F. Frame and Cover - Frame and cover shall be grey or ductile iron castings conforming to the requirements of NCTCOG Table 806.4.1.2.(a) “Iron Castings Standards”. Workmanship shall adhere to NCTCOG Item 806.4.2. The frame and cover shall have a minimum clear opening of 30 inches and conform to the current City standard frame and cover detail for dimensions and style.

G. Grade Adjustment Riser – Grade adjustment riser shall be precast concrete manufactured in accordance to ASTM C478. No other material is allowed unless specifically called for on the plans or in the Special Contract Requirements. Riser shall have a minimum clear opening of 30 inches and be free of defects.

H. Drop Manhole Pipe and Fittings – Pipe and fittings for drop manholes shall conform to the same standards as those for the mainline pipe material. Fitting and pipe dimensions shall match the size of the incoming pipe and shall conform to the current City standard drop manhole detail.

Installation:A. Fiberglass manholes are only permitted where specifically called for on the

plans or in the Special Contract Requirements.B. Fiberglass manholes shall be constructed or installed at the locations and to the

dimensions indicated on the construction plans. Manholes shall be constructed or installed according to the plan details or the current City standard manhole detail for the relevant manhole type.

C. Rock foundation for concrete manholes shall be Aggregate Grade 4 crushed rock as described in NCTCOG Item 504.2.2.1. Thickness shall be as called for on the plans or in the current City standard detail.

D. Fiberglass manhole construction shall follow the guidelines of NCTCOG Item 502.1.4.

E. Field joining of fiberglass manhole sections is not permitted. Fiberglass manholes shall be monolithic structures.

F. Concrete placement is only permitted if the temperature is equal to or greater than 40 degrees F and rising.

I. Frame and cover shall not be directly placed on the fiberglass cone section. A grade adjustment riser is required between the frame casting and the cone.

J. The final elevation of the frame and cover shall conform to the elevation called for on the plans with the following allowable modifications:Manholes installed in existing pavement shall have the top of the frame cover match as closely as possible the pavement elevation. Manhole covers in parkway, lawns, or other improved lands shall be at an elevation of not more than 1 inch nor less than one half 1/2 inch above the surrounding ground unless otherwise specified by the plans. Backfill shall provide a uniform slope from the top of the manhole casting for not less than 3 feet each direction to finished grade of the ground. Manholes in open fields, unimproved land, or drainage courses shall be at an elevation of not more than




12 inches and or less than 6 inches above the surrounding ground unless otherwise specified by the plans.Manholes in proposed paved areas shall have grade stakes with the finish elevation of the street. The final elevation of the frame cover shall conform to the final elevation of the street.No portion of the fiberglass manhole shell shall be left exposed above ground.

K. Frame and cover shall be placed with one strip of bitumastic gasket between a grade adjustment riser and the frame. No gaps will be allowed in the bitumastic gasket. Where multiple grade adjustment risers are required, bitumastic gaskets shall be placed between each riser layer, the frame bottom and the cone top. Gasket shall provide a watertight seal between the adjoining elements.

L. Interior and exterior grouting is required between each grade adjustment riser layer, between the frame and riser, and between the riser and manhole cone. Grouting shall have a smooth finish and provide a watertight seal capable of permitting the manhole to pass the low pressure air test.M.Drop manholes and vented manholes shall be constructed as shown on the plans or in accordance with the current City standard detail.

N. Backfilling requirements around the manhole shall conform to the standard trench detail relevant to the location of the manhole.

Field Quality Control:A. No water shall be allowed to stand in the channel or on the shelf of a new

manhole.B. The manhole shall be vacuum tested according to NCTCOG Item 502.1.5.2.

If the fiberglass manhole is indicated as being a watertight manhole on the plans it must be able to pass the vacuum test with no measurable loss in air pressure to be accepted.

Payment: Payment for this item shall be made at the contract unit price for each fiberglass manhole installed. The unit price shall include all labor, equipment, and materials necessary to construct, install and backfill around the manhole as indicated on the plans. The unit price shall also include any pavement, curb, sidewalk or driveway cut and repair required to install the manhole. Drop or Vented manholes shall be separate pay items also covered under this specification. The Drop or Vented Manhole shall be at the contract unit price for that item and include all labor, equipment, and materials necessary to construct the Drop or Vented Manhole, including all pipe and fittings necessary to make the drop or vent outlet.

Item 502.3 Fire Hydrant Assembly

General: This item shall govern the manufacture and installation of fire hydrants and the associated fittings, appurtenances and valves for water supply service.Materials: Fire hydrants shall be Dry-Barrel type manufactured in compliance with AWWA standard C-502 and NCTCOG Item 502.3.1. Shut-off shall be with the flow. Operating nut shall be industry standard 1 ½” pentagon (five-sided) that opens left (counter-clockwise). The main pumper nozzle shall be 4 ½” in size and the two side nozzles shall be 2 ½” in size. Fire hydrant




color is to be blue or blue and silver. Lead pipe to the main shall be 6-inch AWWA C900 PVC water pipe conforming to Item 501.14 unless otherwise called for on the plans. Gate valve shall be a 6-inch resilient wedge gate valve conforming to Item 502.6.2 unless otherwise called for on the plans.

Installation: Fire hydrants and their associated lead line assemblies shall be installed at the locations and to the dimensions indicated on the plans or in the Special Contract Requirements. Fire hydrant assemblies shall be installed per the plan details or the current City standard detail. Installation shall follow the guidelines of NCTCOG Item 502.3.2 except where those guidelines conflict with the plans, details or Special Contract Requirements.Payment: Payment shall be at the contract unit price for each fire hydrant assembly installed, complete in place. Unit price shall include excavation, backfill, the fire hydrant, the lead line, the gate valve, all appurtenances and fittings, and the valve box installation.

Item 502.6.2 Resilient Seated Gate Valves

General: This item shall govern the materials of construction and installation of resilient seated gate valves and their associated housings and appurtenances for water supply service.Material: Gate valves shall conform to AWWA C509 standards for valve sizes 3 inches through 12 inches. Gate valves shall conform to AWWA C515 standards for valve sizes 14 inches through 24 inches. Unless otherwise noted on the plans or in the Special Contract Requirements, resilient seated gate valves larger than 24 inches in size shall not be allowed. Fittings, concrete mix design, valve box housing, vault frame and cover, and appurtenances shall be as indicated on the plans or in the Special Contract Requirements. Gate valve components shall conform to the provisions of NCTCOG Item 502.6.2, where applicable.Each valve shall have the manufacturer's name plate cast into the body or bonnet showing the pressure rating, serial, model number, and the year manufactured. The year manufactured shall be equal to or one year less than the year of installation. The wedge encapsulation rubber shall be EPDM.

Valve body and bonnet shall be epoxy coated, inside and out, with fusion bonded epoxy conforming to AWWA C550.Valves ends shall be as called for on the plans.Valve gear operators shall be as indicated on the plans, in the Special Contract Requirements or in the current City standard detail drawing. Valve boxes shall be three piece screw type, cast or ductile iron conforming to ASTM A48 Class 35B strength requirements.




Installation: Gate valves shall be installed at the locations and to the depths indicated on the plans or Special Contract Requirements. Gate valves shall be installed per the detail drawing on the plans or the current City standard detail drawing. Gate valves shall be installed in the vertical position unless otherwise noted on the plans or in the Special Contract Requirements, Gate valves shall be installed in accordance to NCTCOG Item 502.6.6 “Line Valve Installation”. Gate valves shall be wrapped in two layers of polyethylene encasement prior to burial.Payment: Payment shall be at the contract unit price for each gate valve installed, complete in place. Unit price shall include excavation and backfill for vaults, fittings and appurtenances, valve box installation and vault construction (if required per the plans).

Item 502.6.3 Air Valves

General: This item shall govern the manufacture and installation of air release, air/vacuum, and combination air valves and their associated housings and appurtenances for use in water distribution or wastewater collection systems.Material: Air valves shall meet the material requirements of AWWA C512 and NCTCOG Item 502.6.3.3 except that rubber shall be EPDM instead of Buna-N. Unless otherwise noted on the plans or in the Special Contract Requirements the air valve inlets and outlets shall conform to the provisions of NCTCOG Item 502.6.3.4. Air valves shall be rated for a minimum operating pressure of 200 psi. Air outlet piping, fittings, concrete mix design, valve box housing, vault frame and cover, and appurtenances shall be as indicated on the plans or in the Special Contract Requirements.Wastewater Air Valves: Air valves for use in wastewater collection systems must be designed specifically for that purpose. Air valves for wastewater must be attested by the manufacturer for that use and submitted to the City as part of the submittal.Installation: Air valves shall be installed at the locations and to the dimensions shown on the plans or in the Special Contract Requirements. The plans shall indicate the type of air valve to be installed. Air valves shall be installed per the detail drawing on the plans or the current City standard detail drawing. Air valves shall be installed in accordance to NCTCOG Item 502.6.6 “Line Valve Installation”. Payment: Payment shall be at the contract unit price for each air valve installed, complete in place. Unit price shall include excavation, all appurtenances and fittings, valve box installation, and vault construction (if required per the plans).

Item 502.8 Polyethylene Wrap for Metal Pipe and Fittings

General: This item governs the installation of protective film wrap required for metal pipe, fittings and appurtenances.Material: Polyethylene wrap sheets shall conform to AWWA C105 standards and be a minimum of 8 mils in thickness.




Installation: Installation shall be per NCTCOG Item 502.8 except that every metal pipe or fitting shall be double-wrapped.Payment: There is no separate payment for polyethylene wrap, it is considered a subsidiary cost to the bid item for which it is required.

Item 502.10.3-A Water Service Connections (Small Diameter)

General: This item shall govern the materials of manufacture and installation of water service connections up to 2 inches in size on new water distribution lines. Water Service connections for service lines in excess of 2 inches are handled under Item 502.10.3-B “Water Service Connections (Large Diameter)”. Connections to existing or “live” water distribution lines shall not be covered by this item and are typically performed by City forces.Materials: Material items for water service connections shall conform to the plans or current City standard details in dimension and type. Specific item requirements are listed below:Tapping Saddle: Saddle shall be a double strap brass/bronze saddle with a tapered (CC) tap thread conforming to AWWA C800.Corporation Valve: Corporation valve shall be a ball type valve made of brass conforming to AWWA C800 with a tapered (CC) inlet thread and a pack joint outlet connection. Service Line Tubing: Service line tubing shall Type K copper for 1” service lines and SDR-9 HDPE conforming to AWWA C901 standards for 1 ½” and 2” service lines.Meter Valve: Meter valve shall be a 90 degree angled ball valve made of brass conforming to AWWA C800 with a pack joint inlet connection and a locking wing on the valve operator.Water Meter Cans: Can size shall be based on water meter size, not service line size. Water meter cans shall have a galvanized steel or cast iron body with a notched meter outlet opening. Lids shall be cast iron with a key lock. Minimum can depth shall be 18 inches. ¾” meter cans shall have minimum inside diameter of 17 inches. 1” meter cans shall have a minimum inside diameter of 24 inches. 1 ½” and 2” meter cans shall have a minimum inside diameter of 27.5 inches. Installation: Tapping saddle, corporation valve, service line tubing, meter valve and water meter can shall be installed per the plans or current City standard detail. Construction of the service connection shall conform to NCTCOG Item 502.10.3 for the appropriate main line pipe material type except that direct tapping of PVC pipe is not allowed, it must be done with a service saddle. Service line installation under existing pavement shall be performed by directional drilling unless otherwise noted on the plans or Special Contract Requirements. The meter can shall be located in public right-of-way between the curb or pavement edge and the sidewalk. In cases where there is no sidewalk the can shall be installed with the outlet side at the right-of-way line. Meter cans shall be installed in unpaved surfaces only. Water meter installation is performed by the City.Payment: Payment for this item shall be at the contract unit price for each service connection installed. Payment shall include excavation, backfill and the installation of all items listed above.

Item 502.10.4 Sanitary Sewer Services

General: This item describes the materials, construction and installation of sanitary sewer service lines and fittings.




References: NCTCOG Item 502.10.4Submittals: Submittals shall contain enough information to show that the service line pipe and fittings meet the corresponding main line pipe specification standards and that the cleanout housing meets the dimensional standards of the standard detail.

Materials: A. Service line pipe and fittings shall meet the requirements of the corresponding

main line pipe to which it is connected.B. Cleanout box shall be as indicated on the plans or in the current City standard

details.C. All pipe and fittings shall be green in color. Any pipe that is discolored may be

rejected.D. Each joint of pipe shall have the manufacture's name, applicable ASTM standard,

the nominal diameter, standard dimension ratio, and the extrusion date printed on the pipe. Submittal shall contain explanation of how to read manufacturer’s date codes.

Installation:1. Wastewater service lines shall be installed at the locations and to the sizes

indicated on the plans. In the event that the plans do not indicate this information, the service lines shall be installed following the current service line standards indicated in the Denton Wastewater Criteria Manual and the current City service line location detail.

2. Service line and fittings shall be installed according to the details on the plans or the current City standard service line detail.

3. Service lines shall be installed per NCTCOG Item 502.10.4 where applicable, and in accordance with the specifications governing mainline pipe installation.

4. Trench width shall be a minimum of the outside diameter of the pipe plus 8 inches. The maximum trench width for any service line size shall be 18 inches.

5. Embedment and backfill shall be as required on the standard service line detail drawing.

6. Service lines installed under existing pavement shall require temporary pavement repair in accordance to the trench detail for existing pavement unless otherwise noted on the plans or in the Special Contract Requirements.

7. The service line shall be pressure tested in accordance with NCTCOG Item 507.5.1.3 up to and including the new cleanout riser.

Payment: Payment for this item shall be at the contract unit price for each service line installed including embedment and backfill. All labor, equipment, and materials needed to properly install the sewer service shall be included in the contract price.

Item 502.12.4 Core into Existing Manhole

General: This item describes the procedure for coring into an existing manhole in order to install a new pipe connection.




Submittals: Submittals shall demonstrate that the pipe-to-manhole connector and grout meet the required standards of this item.Material:

A. Pipe-to-Manhole Connector – Connector shall be elastomeric PVC or rubber that meets ASTM C923 standards.

B. Grout – Grout shall be non-shrink, high strength grout that meets ASTM C1107 standards.

Execution: A. The new pipe connection shall be made using a coring method that utilizes a

mechanical saw or drill. The use of pipe hammers or jackhammers is not allowed.B. The manhole wall shall be cored or cut to the elevation indicated on the plans. The cut

or cored area shall be of sufficient size to allow the insertion of the new pipe and the pipe-to-manhole connector. If required, the bench area shall also be cut or cored to the width of the new conduit to ensure a continuous grade from the new conduit invert into the manhole invert. Care should be taken to minimize the hole size so that the amount of grouting is kept to a minimum.

C. The Contractor shall keep debris from entering the wastewater flow stream in the existing manhole. This shall be done by either using a flow-through plug on the existing manhole pipe connections or by bypass pumping around the manhole.

D. A pipe-to-manhole connector shall be attached to the sanitary sewer pipe where the sanitary sewer pipe and the manhole meet.

E. The new sanitary sewer shall not protrude more than one inch into the manhole.F. The core hole and bench cut (if required) shall be thoroughly cleaned before the

application of grout around the new pipe connection.G. Grout shall be applied to the full thickness of the manhole wall all around the new pipe

connection to produce a watertight seal. The pipe-to-manhole connector shall be completely encapsulated within the grouted area. If a bench cut was required, the cut area shall be smoothed with grout.

H. The excavated area shall be backfilled in accordance with the standard trench detail appropriate to the surface condition.

Payment: Payment for this item shall be at the contract unit price for each cored pipe connection created in an existing manhole, including excavation, backfill, patching grout, connection materials furnished and cleanup of grout around and in the manhole.

Item 503.2 Tunnel/ Casing Pipe Spacers

General: This item shall govern the manufacture and installation of pipe spacers for pipe installation in or casings.Material: Casing spacers shall be either high density polyethylene (HDPE) spacers conforming to ISO 9001:2000 strength and quality standards, or two-piece carbon or stainless steel shell spacers. Spacers shall be completely circumferential in shape and coverage of the carrier pipe. Steel shell for steel spacers shall be a minimum 14-gauge thickness. Steel casing spacer runners




shall be made of a dielectrically inert material. Carbon steel spacers shall have a corrosion resistant coating.Installation: Spacer placement shall be in accordance with the plans or the current City standard detail for casing pipe installation. Spacers shall be fastened onto the carrier pipe following the manufacturer’s recommendation and/or guidelines.Payment: There is no separate payment for tunnel or casing pipe spacers or their installation. This is considered a subsidiary cost of the carrier pipe installation.

Item 503.3 Boring and Tunneling

General: This item shall govern the materials of construction and installation of underground conduit by boring or tunneling. Installation of underground conduit by jacking is not allowed unless specifically called for in the plans or Special Contract Requirements.Casing Pipe Material: The casing pipe material, its dimensions and coating/lining shall conform to the specifications indicated on the plans or in the Special Contract Requirements.Casing Pipe or Tunnel End Seal: The casing pipe or tunnel end seal shall be as called for on the plans or in the current City standard detail.Installation by Boring: Boring shall conform to all relevant portions of NCTCOG Item 503.3.3 “Construction Methods for Jacking, Boring or Tunneling”. Vertical and horizontal alignment tolerance levels shall be as follows unless otherwise indicated on the plans or in the Special Contract Requirements:

Horizontal: 1% of bore length for both water and sewer.Vertical: +/- 0.5% of indicated grade for water; +/- 0.2% of indicated grade for sewer with minimum allowable grade being 0.1% in the direction of flow.

A 2-inch pilot hole bore shall be required prior to the casing pipe bore to establish alignment and grade. If the pilot bore exceeds the horizontal or vertical tolerance levels then the pilot hole shall be filled with grout and a new pilot hole bored. The casing pipe shall be advanced behind the auger bore utilizing the pilot hole as a guide. Disposal of excavated material is the responsibility of the contractor per Item 107.25.

Installation by Tunneling: Tunneling shall conform to all relevant portions of NCTCOG Item 503.3.3 “Construction Methods for Jacking, Boring or Tunneling”. Vertical and horizontal alignment tolerance levels shall be as follows unless otherwise indicated on the plans or in the Special Contract Requirements:




Horizontal: 1% of bore length for both water and sewer.Vertical: +/- 0.5% of indicated grade for water; +/- 0.2% of indicated grade for sewer with minimum allowable grade being 0.1% in the direction of flow.

A pilot hole is not required in advance of tunneling. Tunneling shall utilize a guided tunnel boring machine (TBM) or shielded hand tunneling with a grade and alignment steering control mechanism. The casing pipe shall be advanced behind the tunneling operations as close as possible to minimize the area of unprotected excavation. Disposal of excavated material is the responsibility of the contractor per Item 107.25.Welding: Casing pipe joints shall be welded in accordance to AWWA C-206 standards and shall utilize full circumferential butt welds. After welding, the pipe liner and coating shall be repaired by using a field applied coating of an approved lining material.Payment: Payment shall be made at the contract unit price per linear foot of casing pipe installed by boring or tunneling. The installation of the carrier pipe shall not be included in this bid item. Casing spacer placement and end seals shall not be included in this bid item; those items shall be subsidiary to the carrier pipe installation cost. Payment shall include all excavation, backfill, and welding required to install the encasement pipe or tunnel.

Item 507.4.5 Sewer Pipe Coupling

General: This item describes the materials and installation of pipe couplings to join plain end sewer pipes of the same or different pipe material together. The use of couplings is not allowed for a connection greater than 48 inches in diameter.

Submittals:A. Only those manufacturers whose sewer pipe couplings have been approved by

the City of Denton will be allowed for use in the City's wastewater collection system.

B. Submittals shall contain enough information to show that the sewer pipe coupling is the same as what has been approved by the City of Denton and meets or exceeds all standards listed within this specification.

Products:Acceptable Manufacturers and Products

A. Onset Pipe Products, Inc., Shear Guard® Coupling, sizes 4" through 12”, for both similar and dissimilar pipe materials and O.D.s.

B. Straub Pipe Couplings, Inc., Flex model with EPDM gaskets, sizes 15" through 48", for similar pipe materials only.

C. Multi Fittings Corporation, Plastic Trends Inc., or the Pipe Manufacturer, Manufactured Gasketed Coupling with rigid housing, sizes 15" through 48", for dissimilar pipe materials or pipe O.D.s.




Installation: A. Pipe ends to be joined shall be thoroughly cleaned to remove all dirt or foreign

material.B. The pipe coupling shall be installed per the manufacturer’s guidelines. The

coupling shall not be tightened to the extent that it causes deformation of either pipe end.

C. Pipe couplings shall be encased in Class B concrete, according to the standard detail drawing.

D. The Inspector shall inspect the installed coupling for tightness of fit prior to covering with concrete.

Payment: Payment for this item shall be included in the unit price for pipe installation.

Item 507.5.2 Television Inspection

General: This item describes televised inspection of all new sanitary sewer lines and sanitary sewer services prior to final acceptance and at the end of the warranty period.

Execution:A. The Contractor or a third party hired by the Contractor shall perform the televised

inspection of the new sanitary sewer line.B. The person performing the inspection must be PACP (Pipeline Assessment &

Certification Program) certified.C. The City of Denton Inspector shall be present during the television inspection, unless

otherwise authorized in writing.D. The televised inspection shall commence only after the line has passed both air and

mandrel test and the line has been thoroughly cleaned and vacuumed.E. Televised Inspection shall follow the procedures outlined in NCTCOG Item 507.5.2.F. The camera shall be centered in the middle of the pipe throughout the inspection.

Inspection that is excessively off-centered may be cause for rejection.G. The camera shall proceed at a rate no faster than 30 feet per minute. Inspections that

proceed at a greater rate may be rejected.H. The camera shall be stopped at each lateral connection and the camera head shall be

rotated to inspect each lateral connection fully.

Submittal:A. Video and log sheet information must comply with NCTCOG Item 507.5.2.1.B. Log sheet report must utilize PACP reporting standards.C. Video submittal shall be a digital mpeg file unless otherwise directed by the City’s

representative.




Criteria for Repair:The Contractor shall make repairs or clean the line if the City notes problems, including but not limited to the following:

A. Pulled or slipped joints.B. Rolled gaskets.C. Water infiltration.D. Cracked or damaged pipe.E. In pipes with gradients less than 0.7 percent, a maximum one-half inch of standing water

will be allowed in 6" through 24" diameter pipes. In pipes with gradients 0.7 percent or greater, no standing water is allowed. The depths of standing water allowable for mains that are greater than 24" in diameter will be evaluated by the City.

F. Structural damage to the pipe.G. Services coming into the main at an angle other than according to the details.

H. Services not installed on lots indicated by plans.I. Pipe has debris, soil or residue.

Another televised inspection run at no additional cost is required after any repairs.Warranty Inspection: A second television inspection by the Contractor shall be started no sooner than 630 calendar days and finished no later than 690 calendar days after the date of acceptance for this project by the City of Denton. Should the Contractor fail to turn in a second original television inspection video with proper documentation to the City by the 690th calendar day, written notice to perform a second television inspection shall be given by the City to the Contractor and the Surety. If the Contractor or Surety fail to perform a second televised inspection within 10 calendar days of notification, then the City shall have the right with or without further notice, to perform a second television inspection or cause the same to be done, either by contract or otherwise at its option, and to pay for the cost of the second television inspection. If such cost of repairs, so made, shall not be paid by the Contractor or Surety upon receipt of notice of the amount thereof, the said City shall have the right of action on the Performance Bond; or in case the second television inspection shall not actually be made by the City after such failure on the part of the Contractor or Surety, the City shall have the right to ascertain and determine the cost of such repairs and to maintain an action against the said Contractor or Surety, or both under said bond, to recover the amount so determined in any court of competent jurisdiction, and the amount so determined shall be conclusive upon the Contractor and Surety in any action upon said bond. Payment: Payment for both the final acceptance and final warranty televised inspection of sanitary sewer and services shall be included in the price of new sanitary sewer pipe and services installed.

Item 801 Barricade, Detours, and Warning Signs

General: This item provides for the cost of necessary barricading, warning signs and detours for the Contractor to perform public improvement work. A traffic control plan prepared by a civil engineer licensed in the State of Texas, conforming to the




M.U.T.C.D., is to be submitted to the City prior to the start of construction. Barricading will conform to the M.U.T.C.D. At no time shall any property’s access be completely blocked. The contractor will be required to notify by written notice all affected property owners or tenants at least 48 hours in advance of construction adjacent to each property. While driveways are closed due to utility construction, signage must be placed indicating the alternate driveway location. Signs marking temporary or alternate driveway locations should state the name of the business in block letters at least 4 inches high and include an arrow indicating the entrance. Driveway indicator signs may be mounted on T-posts. Traffic must be allowed to continue with as little interruption as possible. Street closings must be scheduled at least one week in advance so they may be advertised in the Denton Record-Chronicle. The Inspector must be supplied with a phone number that may be used if barricading becomes unsafe during non-working hours. Refer to the requirements listed under the General Provisions.

NCTCOG Reference: Items 107.19 and 801

Payment: Payment for this item shall be at the contract lump sum for all work, equipment and signage necessary to completely barricade the project.

Item SS01 Cut and Plug Existing Sewer Lines

General: This item describes the cutting and plugging of abandoned sections of sanitary sewer.Materials:

A. Concrete shall be Class "B" as defined by NCTCOG Item 702.2.4.2.B. Grout shall conform to ASTM C1107 standards.C. Manufactured cap or plug shall be PVC or HDPE conforming to the material

standards of the pipe to be abandoned.Execution:

A. Wherever indicated on the plans, the existing line to be abandoned shall be exposed and a two foot section of pipe shall be removed. If the cut and plug location is adjacent to a manhole that is to remain in service the pipe cut shall be no closer than two feet from the manhole wall.

B. The removed section of abandoned pipe shall be filled with concrete until both ends of the abandoned pipe are effectively sealed.

C. Concrete shall be prevented from entering the manhole invert through the use of a pipe plug or some other suitable blocking agent.

D. If the pipe to be abandoned is greater than 24 inches in diameter a manufactured cap or plug may be utilized to seal the abandoned pipe ends in lieu of concrete. The manufactured cap or plug must be grouted onto the abandoned pipe end to ensure a watertight seal.

E. The excavation hole shall be backfilled per the standard trench detail appropriate for the surface condition.




Payment: Payment for this item shall be at the contract unit price for each location where an abandoned sanitary sewer is cut and plugged. The unit price shall include excavation, backfill, cutting and plugging of pipe and all material required.

Item SS02 Abandon Existing Manhole

General: This item describes the procedures for the abandonment of existing manholes.

Materials:A. Concrete - Concrete shall conform to all sections of NCTCOG Item 702.2.4.2 for

Class B concrete.B. Sand - Sand shall conform to Item 504.2.2.6 of the NCTCOG standards.

Execution:A. Removal items or sections shall be indicated on the standard manhole abandonment

detail. Removed items and sections shall be the property of the Contractor and must be disposed of in accordance to NCTCOG Item 107.25.

B. Manhole outlets shall be plugged and the manhole filled according to the standard manhole abandonment detail.

C. The area above the abandoned manhole shall be compacted with backfill according to the standard manhole abandonment detail.

Payment: Payment shall be at the contract unit price for each existing manhole abandonment completed. The unit price shall include all the necessary labor, equipment, and materials needed to properly abandon the manhole. Excavation and backfill are included in the unit price.

Item SS03 Remove Existing Manhole

General: This item describes the procedures for the removal of existing manholes.Execution:

A. Excavation shall be made around the manhole to be removed to a depth equivalent to the concrete base of the manhole.

B. Connecting sewer lines shall be cut or broken where they enter the existing manhole.C. All parts of the manhole shall be removed and disposed of by the Contractor in accordance

to NCTCOG Item 107.25.D. Each connecting sewer line shall be plugged with Class B concrete or capped with a

manufactured watertight cap where the line is greater than 24 inches in diameter. Plugging shall follow the requirements of Item SS01.

E. The excavation hole shall be backfilled according to the standard trench detail for the appropriate surface cover condition.

Payment: Payment shall be at the contract unit price for each existing manhole removal completed. The unit price shall include all the necessary labor, equipment, and materials needed to properly remove the manhole and plug all connecting sewer lines. Excavation and backfill are included in the unit price.




Should a conflict arise between the PO, RFP document, supplier terms, drawings, specifications, construction document, or contract; the terms and conditions set forth in the City of Denton General Conditions and the negotiated contract shall prevail.




APPENDIX A- INSURANCE REQUIREMENTS AND WORKERS’ COMPENSATION REQUIREMENTS

Respondent’s attention is directed to the insurance requirements below. It is highly recommended that respondents confer with their respective insurance carriers or brokers to determine in advance of Proposal/Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent best value respondent fails to comply strictly with the insurance requirements, that respondent may be disqualified from award of the contract. Upon contract award, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract.

STANDARD PROVISIONS:

Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter.

As soon as practicable after notification of contract award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to proposal/bid opening, since the insurance requirements may not be modified or waived after proposal/bid opening unless a written exception has been submitted with the proposal/bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton.

All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted:

Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A or better.

Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Liability policies shall be endorsed to provide the following:

Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers.

That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more




than one insured shall not operate to increase the insurer's limit of liability.

Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers.

Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date.

Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered.

Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance.

Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse.

SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:

All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted:

[X] A. General Liability Insurance:

General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies.

If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations,

independent contractors, contractual liability covering this contract and broad form property damage coverage.

Coverage B shall include personal injury.

Coverage C, medical payments, is not required.

If the Comprehensive General Liability form (ISO Form GL 0002 Current Editionand ISO Form GL 0404) is used, it shall include at least:




Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures.

Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability.

[X] Automobile Liability Insurance:

Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract.

Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned hired and non-owned autos.

[X] Workers’ Compensation Insurance

Contractor shall purchase and maintain Workers’ Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation Commission (TWCC).

[ ] Owner's and Contractor's Protective Liability Insurance

The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an “occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 aggregate.

[ ] Fire Damage Legal Liability Insurance




Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required.

[ ] Professional Liability Insurance

Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement.

[X] Builders' Risk Insurance

Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear.

[ ] Environmental Liability Insurance

Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this contract.

[ ] Riggers Insurance

The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be provided by a Rigger’s Liability endorsement on the existing CGL coverage; through and Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, Rigger’s Liability Coverage form. Said coverage shall mirror the limits provided by the CGL coverage

[ ] Commercial Crime

Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a “blanket” basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required.

[ ] Additional Insurance

Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications.




ATTACHMENT A

[X] Workers’ Compensation Coverage for Building or Construction Projects for Governmental Entities

A. Definitions:

Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project.

Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity.

Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project.

C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.

D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.

E. The contractor shall obtain from each person providing services on a project, and




provide to the governmental entity:1. a certificate of coverage, prior to that person beginning work on the project, so

the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and

2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to:

1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project;

2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;

3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

4. obtain from each other person with whom it contracts, and provide to the contractor:

a. a certificate of coverage, prior to the other person beginning work on the project; and




b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services.

J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

K. The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.




APPENDIX B – SAMPLE CONTRACT

CONTRACT BY AND BETWEENCITY OF DENTON, TEXAS AND ________________

(RFP ####)

THIS CONTRACT is made and entered into this _____ day of ________, by and between __________ a corporation, whose address is ___________________________, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a Texas Municipal Corporation and Home-Rule City, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and the subsequent execution of this Contract by the Denton City Manager or his duly authorized designee.

For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows:

SCOPE OF SERVICES

Contractor shall provide construction services in accordance with the City’s _________________________________, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes as “Exhibit B”. The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference:

(a) Special Terms and Conditions (Exhibit “A”);(b) City of Denton Request for Proposal # #### (Exhibit “B”)(c) City of Denton Standard Terms and Conditions (Exhibit “C”); (d) Insurance Requirements (Exhibit “D”);(e) Payment and Performance Bond (Exhibit “E”);(f) Special Terms and Conditions (Exhibit “F”);(g) Contractor’s Proposal. (Exhibit "G");(h) Project Plan Process (Exhibit “H”)

These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to this written Contract, and then to the contract documents in the sequential order in which they are listed above. These documents shall be referred to collectively as “Contract Documents.”

IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written.


SAMPLE



“CONTRACTOR”

________________________

ATTEST: By: AUTHORIZED SIGNATURE

By: _____________________________ TYPED NAME:

TITLE:

PHONE NUMBER

E-MAIL ADDRESS

CITY OF DENTON, TEXASA Texas Municipal Corporation

By: _________________________ TODD HILEMAN

CITY MANAGER

ATTEST:JENNIFER WALTERS, CITY SECRETARY

By: _________________________________

APPROVED AS TO LEGAL FORM:AARON LEAL, INTERIM CITY ATTORNEY

By: _________________________________


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PERFORMANCE BOND

STATE OF TEXAS §

COUNTY OF DENTON §

KNOW ALL MEN BY THESE PRESENTS: That whose address is hereinafter called Principal, and _____________________________________, a corporation organized and existing under the laws of the State of , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of DOLLARS ($ ), in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The amount of this Bond shall automatically be increased by any Change Order or Supplemental Agreement, however, increases to this bond and the Contract price shall not exceed twenty-five (25) percent in the aggregate of the original authorization contract amount, in accordance with Texas Local Government Code 252.048, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond.

THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by RFP # ____ , with the City of Denton, the Owner, dated the day of A.D. , a copy of which is hereto attached and made a part hereof, for

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect.


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PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas.

AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc.

This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas.

The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.

IN WITNESS WHEREOF, this instrument is executed in ______copies, each one of which shall be deemed an original, this the _____day of __________, ____________.

ATTEST: PRINCIPAL

BY: ____________________

SECRETARY BY: ________________________________ PRESIDENT

ATTEST: SURETY

BY: ____________________

BY: ___________________________________ ATTORNEY-IN-FACT

The Resident Agent of the Surety for delivery of notice and service of the process is:

NAME: ____________________________________________________________________

STREET ADDRESS: ______________________________________________________________

(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.)


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PAYMENT BOND

STATE OF TEXAS §

COUNTY OF DENTON §

KNOW ALL MEN BY THESE PRESENTS: That , whose address is , hereinafter called Principal, and ___________________________________, a corporation organized and existing under the laws of the State of , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of ______________ DOLLARS ($ ) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The amount of this Bond shall automatically be increased by any Change Order or Supplemental Agreement, however, increases to this bond and the Contract price shall not exceed twenty-five (25) percent in the aggregate of the original authorization contract amount, in accordance with Texas Local Government Code 252.048, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond.

THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by RFP # _____ , with the City of Denton, the Owner, dated the day of A.D. , a copy of which is hereto attached and made a part hereof, for ____

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect.

PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas.

AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc.


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This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas.

The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.

IN WITNESS WHEREOF, this instrument is executed in ___ copies, each one of which shall be deemed an original, this the _____ day of __________, ______.

ATTEST: PRINCIPAL

BY: ______________________ SECRETARY BY: _______________________________

PRESIDENT

ATTEST: SURETY:

BY: ___________________

BY: ________________________________ ATTORNEY-IN-FACT

The Resident Agent of the Surety for delivery of notice and service of the process is:

NAME: ________________________________________________________

STREET ADDRESS: __________________________________________________

(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.)


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