TR1401-CN141006
CONSTRUCTION SPECIFICATIONS AND
CONTRACT DOCUMENTS
FOR
LED Illumination Upgrade
On
Freeport Parkway South
(Sandy Lake Road to Ruby Road)
And
West Sandy Lake Road
(North Coppell Road to Denton Tap Road)
THE CITY OF COPPELL
Project No. TR14-01
Bid No. Q-1014-01
Prepared by
TBPE Registration No. F-230
October 2014
TABLE OF CONTENTS
Page #
Section 1 - Bidding Documents 1-3
Notice to Bidders 1-4
Instructions to Bidders 1-6
Bid Form/Proposal/Bid Schedule 1-18
Prevailing Wage Rates 1-24
Bid Affidavit 1-25
Conflict of Interest 1-27
Section 2 - Contract Documents 2-1
Standard Form of Agreement (Contract) 2-2
Certificate of Insurance 2-8
Instructions for Bonds 2-9
Performance Bond 2-10
Payment Bond 2-12
Maintenance Bond 2-14
For this project, the Standard Specifications for Public
Works Construction – North Central Texas Council of
Governments Fourth Edition, the City of Coppell Standard
Construction Details (Ord.#2006-1129), and Appendix ‘C’
Design Criteria and Standards in the City of Coppell
Subdivision Ordinance (Ord.#94-643) shall govern all work
to be done, together with any additional Supplementary
Conditions, Specific Project Requirements, General Notes,
Description of Pay Items and/or Technical Specifications
included herein.
Section 3 - City of Coppell's Supplementary Conditions 3-1
to the NCTCOG General Provisions
Section 4 - Specific Project Requirements 4-1
Section 5 - Description of Pay Items 5-1
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SECTION 1
BIDDING
DOCUMENTS
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NOTICE TO BIDDERS
The City of Coppell is accepting bids for the construction of LED Illumination Upgrade on
Freeport Parkway South (Sandy Lake Road to Ruby Road) and West Sandy Lake
Road (North Coppell Road to Denton Tap Road). This work shall consist of installing
City furnished illumination poles with fixtures on existing foundations and furnishing and
installing wiring to connect and energize fixtures using existing conduit and electrical
service points.
Bidding documents, including Half-size Construction Plans, Construction Specifications
and Contract Documents, may be obtained for a non-refundable cost of $30.00 from the
office of City of Coppell Purchasing Agent, 255 Parkway Boulevard, Coppell, Texas 75019.
Digital copies of the bidding documents can be downloaded at www.BidSync.com.
Bidding documents also may be examined free of charge at the offices of the City
Engineer, City of Coppell, 265 Parkway Boulevard, Coppell, Texas 75019 or Teague Nall
and Perkins, Inc., 1100 Macon Street, Fort Worth, Texas 76102. To ensure proper
notification of Addendums, make sure that you are a registered plan holder on the plan
holder’s list.
Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for the
construction of LED Illumination Upgrade on Freeport Parkway South (Sandy Lake
Road to Ruby Road) and West Sandy Lake Road (North Coppell Road to Denton Tap
Road) will be received in the Purchasing Office at the City of Coppell Town Center, 255
Parkway Boulevard, until 2:00 p.m., October 28, 2014, and then publicly opened and
read aloud. Each Bidder shall submit two identical copies of this bid with the City of
Coppell Bid No. Q-1014-01 designated clearly on the exterior of the bid envelope.
A Pre-Bid Conference has been scheduled for this project at the Coppell City Hall (255
Parkway Boulevard) at 2:00 p.m. on October 21, 2014. The conference is not
mandatory; however, all interested bidders are strongly encouraged to attend.
The Owner reserves the right to reject any or all bids and to waive formalities.
Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of
any bid or bids. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED.
Bidders are expected to inspect the site of the work and to inform themselves regarding
local conditions and conditions under which the work is to be done.
Complete sets of bidding documents must be used in preparing Bids; the City of Coppell
assumes no responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents.
NO SALES TAX ON TANGIBLE PERSONAL PROPERTY IS INCORPORATED INTO OR MADE
A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible
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personal property to be incorporated into the project. (Note: This procedure m ay not be used,
however, for materials which do not become a part of the finished product, such as, equipment
rental or purchase, form materials, etc.). In order to be exempt from the sales tax on such tangible
personal property, the contract shall separate and provide separate charges for materials to be
incorporated into the project from charges for labor. The City will provide the Contractor with an
exemption certificate for the materials. The contractor is expected to issue a resale certificate in
lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials
(tangible personal property) in the space provided on the bid form. The successful bidder's bid
form will be used to develop a separated contract and determine the extent of the tax exemption.
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BIDDING AND CONTRACT DOCUMENTS
INSTRUCTIONS TO BIDDERS
1. Defined Terms.
Terms used in these Instructions to Bidders which are defined in the Standard
Specifications for Public Works Construction - North Central Texas Council of
Governments Fourth Edition and the Supplementary Conditions of Agreement have
the meanings assigned to them in these General Conditions. The term "Bidder"
means one that submits a Bid directly to Owner, as distinct from a sub-bidder, who
submits a bid to a Bidder. The term "Successful Bidder" means the lowest,
qualified, responsible Bidder, as determined after review of calendar days, overall
price, and qualifications, to whom the Owner (on the basis of the Owner's
evaluation as hereinafter provided) makes an award. The term "Bidding
Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form,
the Construction Plans and Specifications, and the proposed Contract Documents
(including all Addenda issued prior to receipt of bids). Specific defined terms are:
Owner: Wherever the word “Owner” or "OWNER" is used in the specifications and
Contract Documents, it shall be understood as referring to the City of Coppell,
Texas.
Engineer: Wherever the word “Engineer” or "ENGINEER" is used in the
Specifications and Contract Documents, it shall be understood as referring to the
City Engineer or his authorized representative, City of Coppell, P.O. Box 9478,
Coppell, Texas 75019.
Consulting Engineer: Wherever the word “Consulting Engineer” or "Design
Engineer" is used in the Specifications and Contract Documents, it shall be
understood as referring to the Design Engineer or his authorized representative,
Teague Nall and Perkins, Inc., 1100 Macon Street, Fort Worth, Texas 76102.
Inspector: The authorized representative of the City of Coppell assigned to observe
and inspect any or all parts of the work and the materials to be used therein.
2. Scope of Work.
This work shall consist of installing City furnished illumination poles with fixtures
on existing foundations and furnishing and installing wiring to connect and
energize fixtures using existing conduit and electrical service points.
The overall scope of work shall include all the components necessary to complete
the construction of continuous roadway lighting systems on the following arterial
segments:
• Freeport Parkway South - between Sandy Lake Road and Ruby Road
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• West Sandy Lake Road - between North Coppell Road and Denton
Tap Road.
These segments are being reconstructed or have been recently reconstructed as
four lane divided facilities with illumination foundations and conduit to accommodate
the LED illumination poles and wiring. On Freeport Parkway the electrical service
for the illumination was installed with the service for the irrigation, shown as E1 and
E3 on the Illumination plans. On Sandy Lake Road the electrical service for the
Illumination was installed with the service for the traffic signals at North Coppell
Road (E4), South Coppell Road (E5), and Whispering Hills (E6).
Lighting for the roadway bridges in these segments was installed as part of the
roadway reconstruction projects and is not a part of this contract.
3. Copies of Bidding Documents.
3.1 Bidding documents, including Half-size Construction Plans, Construction
Specifications and Contract Documents, may be obtained for a non-refundable cost
of $30.00 from the office of City of Coppell Purchasing Agent, 255 Parkway
Boulevard, Coppell, Texas 75019. Digital copies of the bidding documents can be
downloaded at www.BidSync.com. Bidding documents also may be examined free
of charge at the offices of the City Engineer, City of Coppell, 255 Parkway
Boulevard, Coppell, Texas or Teague Nall and Perkins, Inc., 1100 Macon Street,
Fort Worth, Texas 76102.
The following general requirements pertain to the Bidding Documents:
A) No bidding documents will be issued later than two (2) days prior to the bid
opening date.
B) After award of the Contract, the successful Bidder will be furnished five (5)
sets of Contract Documents at no charge. Additional sets over five (5) will
be furnished for $30.00 per set.
3.2 Complete sets of Bidding Documents must be used in preparing Bids; the City of
Coppell assumes no responsibility for errors or misinterpretations resulting from the
use of incomplete sets of Bidding Documents. No partial sets of plans,
specifications or proposal forms will be issued.
3.3 The Owner, in making copies of Bidding Documents available on the above terms,
does so only for the purpose of obtaining Bids on the Work and does not confer a
license or grant for any other use.
4. Qualifications of Bidders.
The Bidder shall submit within five (5) days of the Owner's request such evidence
as the Owner may require to establish his financial responsibility, experience and
possession of such equipment as may be needed to prosecute the work in an
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expeditious, safe and satisfactory manner. Submissions will be made to City
Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. The required
information to be submitted shall consist of, but shall not necessarily be limited to,
the following:
A. Current Project Experience (must be submitted within five (5) days if
requested): A list of all projects presently under construction by the bidder
including approximate cost and completion date shall be submitted upon
request.
B. Past Project Experience (must be submitted within five (5) days if
requested): A list of comparable projects completed within the previous five
years including approximate cost(s), quantities, and completion date(s).
C. Equipment (must be submitted within five (5) days if requested): A list of
equipment, which will be used on this project. The Bidder shall demonstrate
that he has adequate equipment to complete this project, properly and
expeditiously and shall state what additional equipment, if any, that he must
rent/lease as may be required to complete this project.
D. Financial (must be submitted within five (5) days if requested): Each
Bidder shall be prepared to submit upon request of the Owner a balanced
financial statement with no evidence of threatening losses as evidenced by
an audited certified financial statement (current within the last six (6) months
of bid date). This information will be used to confirm that the Bidder has
suitable financial status to meet obligations incidental to performing the work.
E. Technical Experience (must be submitted within five (5) days if requested):
The Bidder shall demonstrate to the satisfaction of the Owner that he has
the technical experience to properly complete this project.
F. Proof that the bidder maintains a permanent place of business (must be
submitted within five (5) days if requested).
5. Conflict of Interest.
City Charter states that no officer or employee of the City shall have a financial
interest (direct or indirect) in any contract with the City, nor shall be financially
interested (directly or indirectly) in the sale to the City of any land, or rights or
interest in any land, materials, supplies or services. This prohibition does not apply
when the interest is represented by ownership of stock in a corporation involved,
provided such stock ownership amounts to less than one percent (1%) of the
corporation stock. Any violation of this prohibition will constitute malfeasance in
office. Any officer or employee of the City found guilty thereof should thereby forfeit
his office or position. Any violation of this prohibition with the knowledge, expressed
or implied, of the persons or corporations contracting with the City shall render the
contract voidable by the City Manager or the City Council. By submitting a bid, the
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Contractor represents that no employee or officer of the City has an interest in the
Contractor.
6. Examination of Contract Documents and Site.
6.1 It shall be the Contractor’s responsibility before submitting a Bid, to (a) examine the
Contract Documents thoroughly, (b) visit the site to become familiar with local
conditions that may affect cost, progress, performance or furnishing of the Work, (c)
consider federal, state and local Laws and Regulations that may affect cost,
progress, performance or furnishing of the Work, (d) study and carefully correlate
Bidder's observations with the Contract Documents, and (e) notify Engineer of all
conflicts, errors or discrepancies in the Contract Documents. Failure to make these
examinations shall in no way relieve any Bidder from the responsibility of fulfilling all
of the terms of the contract, without additional cost to the OWNER.
6.2 Information and data reflected in the Contract Documents with respect to
Underground Facilities at or contiguous to the site is based upon information and
data furnished to the Owner by Owners of such underground Facilities or others,
and the Owner does not assume responsibility for the accuracy or completeness
thereof. All existing structures, improvements, and utilities shall be adequately
protected, at the expense of the Contractor, from damage that might otherwise
occur due to construction operations. Where construction comes in close proximity
to existing structures or utilities, or if it becomes necessary to move services, poles,
guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility
to notify and cooperate with the utility or structure owner. The utility lines and other
existing structures shown on the plans are for information only and are not
guaranteed by the City to be complete or accurate as to location and/or depth. It
shall be the Contractor's responsibility to verify locations and depths sufficiently in
advance of construction such that necessary adjustments may be made to allow for
the proper installation of proposed improvements as indicated in the plans. The
Contractor shall be liable for damage to any utilities resulting from the construction
of this project.
6.3 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain
any additional examinations, investigations, explorations, tests and studies and
obtain any additional information and data which pertain to the physical conditions
(surface, subsurface and underground facilities) at or contiguous to the site or
otherwise which may affect cost, progress, performance or furnishing of the Work
and which Bidder deems necessary to determine its Bid for performing and
furnishing the Work in accordance with the time, price and other terms and
conditions of the Contract Documents.
6.4 On request in advance, the Owner will provide each Bidder access to the site to
conduct explorations and tests as each Bidder deems necessary for submission of
a Bid. Bidder shall fill all holes, clean up and restore the site to its former
conditions, according to the City standards, upon completion of such explorations.
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6.5 The lands upon which the Work is to be performed, rights-of-way and easements
for access thereto and other lands designated for use by Contractor in performing
the Work, are identified in the Contract documents.
6.6 The submission of a Bid will constitute an incontrovertible representation by Bidder
that Bidder has complied with every requirement of this Article 6, that without
exception the Bid is premised upon performing and furnishing the work required by
the Contract Documents and such means, methods, techniques, sequences or
procedures of construction as may be indicated in or required by the Contract
Documents, and that the Contract Documents are sufficient in scope and detail to
indicate and convey understanding of all terms and conditions for performance and
furnishing of the Work.
7. Interpretations and addenda.
7.1 All questions about the meaning or intent of the Contract Documents are to be
directed to the Purchasing Agent. Interpretations or clarifications considered
necessary by the Purchasing Agent in response to such questions will be issued by
Addenda mailed or delivered to all bidders recorded as having received the Bidding
Documents. Questions received less than two days prior to the date for opening of
Bids may not be answered. Only questions answered by formal written Addenda will
be binding. Oral and other interpretations or clarifications will be without legal
effect. Each Bidder shall acknowledge on the bid proposal that all Addenda issued
have been received.
7.2 Addenda may also be issued to modify the Bidding Documents as deemed
advisable by the Owner.
8. Contract Time.
8.1 The time of completion of the project will be set through the bidding technique used
in the Proposal Form. A more detailed explanation of the bidding technique and
completion time is given in Item 1.7 of the Specific Project Requirements (Section
4). Completion time will be a strong factor in the awarding of a contract for this
project.
8.2 Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall
submit a detailed Progress and Schedule chart to the Owner for approval.
8.3 Extension of the contract time shall be based on a Change Order or written
amendment as specified in Item 108.8 of the General Provisions.
9. Liquidated Damages.
Provisions for incentive/disincentive liquidated damages are not applicable to this
project.
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10. Substitute or "Or-Equal" Items.
The Contract, if awarded, will be on the basis of materials and equipment described
in the Drawings or specified in the Specifications without consideration of possible
substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified
in the Specifications that a substitute or "or-equal" item of material or equipment
may be furnished or used by Contractor if acceptable to Engineer, application for
such acceptance will not be considered by Engineer until after the Effective Date of
the Agreement. No substitutions should be considered during the bidding process.
11. Subcontractors, Suppliers, and Others.
11.1 If the Owner requests the identity of any Subcontractors, Suppliers, or other
persons or organizations to be submitted to the Owner in advance of the specified
date prior to the Effective Date of the Agreement, the apparent Successful Bidder,
and any other Bidder so requested, shall within seven (7) days after the request
submit to the Owner a list of all such Subcontractors, Suppliers and other persons
and organizations proposed for those portions of the Work for which such
identification is requested. Such list shall be accompanied by an experience
statement with pertinent information regarding similar projects and other evidence
of qualification for each such Subcontractor, supplier, person or organization if
requested by the Owner. If the Owner, after due investigation, has reasonable
objection to any proposed Subcontractor, Supplier, other person or organization,
Owner may, before the Notice of Award is given, request the apparent Successful
Bidder to submit an acceptable substitute in which case the apparent Successful
Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased
(or decreased) by the difference in cost occasioned by such substitution, and the
Owner may consider such price adjustment in evaluating Bids and making the
contract award.
If the apparent Successful Bidder declines to make any such substitution, the
Owner may award the contract to the next lowest Bidder that proposes to use
acceptable Subcontractors, Suppliers, other persons and organizations. The
declining to make requested substitutions will not constitute grounds for sacrificing
the Bid security of any Bidder.
11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other
person or organization against whom Contractor has reasonable objection.
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12. Bid Proposal.
12.1 Two (2) completed Bid Proposals must be submitted in a sealed envelope as
described in Item 15 of these Instructions to Bidders. The blank spaces in the Bid
Form shall be filled in for each item for which a quantity is given and the Bidder
shall state the price for which he proposes to do each item of work. All blanks on
the bid form must be completed in ink or typed. No substitutions, revisions, or
omissions from the plans and/or specifications will be accepted unless authorized in
writing by the Owner.
12.2 The legal status of the Bidder, that is, as a corporation, partnership, or individual,
must be stated on the Bid Form.
A corporation Bidder must name the state in which the organization is chartered.
Bids which are signed for a corporation shall have the correct corporate name
thereof, its post office address, and the signature of the president or other
authorized officer of the corporation, manually written below the corporate name in
the following manner: "By (name) - (corporate title) ."
If the bid is made by a firm or partnership, the name and post office address of the
managing member of the firm or partnership shall be given or the bid may be
signed by an attorney-in-fact. If signed by an attorney-in-fact, there shall be
attached to the bid a power of attorney evidencing authority to sign the bid,
executed by the members of the firm or partners.
If the bid is made by an individual, his post office address shall be given. Bids
which are not signed by the individuals making them shall have attached thereto a
power of attorney evidencing authority to sign the bid in the name of the person for
whom it is signed.
13. Provision Concerning Escalator Clauses.
Bids containing any condition which provides for changes in the stated bid prices
due to increase or decrease in the costs of materials, labor, or other items required
for this project, may be rejected and returned to the Bidder without being
considered.
14. Estimates of Quantities.
The quantities listed in the Bid Form will be considered as approximate and will be
used for the comparison of bids, unless stated otherwise in the description of
pay items. Payments will be made to the Contractor only for the actual quantities
of work performed or materials furnished in accordance with the contract. The
quantity of work to be done and the materials may be increased or decreased as
provided for in the Contract Documents. If an item is noted as a “Plans
Quantity” then only the quantity shown in the unit bid price schedule will be
paid.
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15. Submission of Bids.
Bids will be received by the Purchasing Agent, and shall be submitted to the
Purchasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard,
P.O. Box 9478, Coppell, Texas 75019 until, 2:00 p.m., October 28, 2014, and then
publicly opened and read aloud. Two identical copies of the bid enclosed in an
opaque sealed envelope and marked with the Project title, City of Coppell Bid No.
Q-1014-01. and the name and address of the Bidder shall be submitted. If the Bid
is sent through the mail or other delivery system the sealed envelope shall be
enclosed in a separate envelope with the notation "BID ENCLOSED Construction
of: on the face of it and addressed to the Purchasing Agent, City of Coppell, Texas.
Bid submission shall include Bid Form, Bid Affidavit, Bid Bond and Conflict of
Interest Form.
16. Modification and Withdrawal of Bids.
16.1 Bids may be modified or withdrawn by an appropriate document duly executed (in
the manner that a Bid must be executed) and delivered to the place where Bids are
to be submitted at any time prior to the opening of Bids.
16.2 If, within twenty-four hours after the Bids are opened, any Bidder files a duly signed
written notice with the Owner and promptly thereafter demonstrates to the
reasonable satisfaction of Owner that there was a material and substantial mistake
in the preparation of the Bid, that Bidder may withdraw his bid. Thereafter, that
Bidder will be disqualified from further bidding on the work.
17. Rejection of Bids.
Bids may be rejected if they show alterations of form, additions not called for,
conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner
reserves the right to waive any irregularities in the bids as received and to reject any
and all bids without qualification(s). More than one bid from an individual, firm or
partnership, corporation or association, under the same or different names, will not
be considered. Reasonable grounds for believing that a Bidder is interested in
more than one such bid may cause the rejection of all bids in which said Bidder is
interested. Bids in which prices are obviously unbalanced may be rejected. Bids
submitted without a Proposal Guaranty, per NCTCOG’s Item 102.5 of the Standard
Specifications for Public works will be rejected.
18. Bids to Remain Subject to Acceptance.
All Bids will remain subject to acceptance for ninety (90) calendar days after the day
of the Bid opening, but the Owner may, in its sole discretion, release any Bid prior
to that date.
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19. Award of Contract.
19.1 For the purpose of award, each bid submitted shall consist of two parts whereby:
Base Bid (A) = The correct summation of the products of the estimated quantities
shown in the proposal, multiplied by their bid unit prices for the Freeport Parkway
South portion.
Base Bid (B) = The correct summation of the products of the estimated quantities
shown in the proposal, multiplied by their bid unit prices for the West Sandy Lake
Road portion.
Total Bid = Base Bid (A) + Base Bid (B)
All payments will be based on actual quantities and bid unit prices.
19.2 The Owner reserves the right to reject any and all Bids, to waive any and all
informalities except for the time of submission of the Bid and to negotiate contract
terms with the Successful Bidder. The Owner also reserves the right to reject all
nonconforming, non-responsive, unbalanced or conditional Bids. Also, the Owner
reserves the right to reject the Bid of any Bidder if the Owner believes that it would
not be in the best interest of the Project to make an award to that Bidder, whether
because the Bid is not responsive or the Bidder is unqualified or has doubtful
financial ability or fails to meet any other pertinent standard or criteria established
by the Owner. Discrepancies in the multiplication of units of Work and unit prices
will be resolved in favor of the unit prices. Discrepancies between the indicated
sum of any column of figures and the correct sum thereof will be resolved in favor of
the correct sum.
19.3 In evaluating Bids, the owner will consider the qualifications of the Bidders, whether
or not the Bids comply with the prescribed requirements, and such alternates, unit
prices, and other data, as may be requested in the Bid form or prior to the Notice of
Award. Time of completion will be a consideration in the award of the bid.
19.4 The Owner may consider the qualifications and experience of any Subcontractors,
Suppliers, or other persons or organizations proposed for those portions of the
Work as to which the identity of Subcontractors, Suppliers, and other persons and
organizations must be submitted as requested by the Owner. The Owner also may
consider the operating costs, maintenance requirements, performance data and
guarantees of major items of materials and equipment proposed for incorporation in
the Work when such data is required to be submitted prior to the Notice of Award.
19.5 The Owner may conduct such investigations as the Owner deems necessary to
assist in the evaluation of any Bid and to establish the responsibility, qualifications
and financial stability of Bidders, proposed Subcontractors, Suppliers and other
persons and organizations to perform and furnish the Work in accordance with the
Contract Documents to the Owner's satisfaction within the prescribed time.
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19.6 If contract is to be awarded, it will be awarded to the lowest and best qualified
Bidder whose evaluation by the Owner indicates to the Owner that the award will be
in the best interests of the Project.
19.7 If the contract is to be awarded, the Owner will give the Successful Bidder a Notice
of Award within ninety (90) calendar days after the date of the Bid opening.
20. Execution of Agreement.
Within fifteen (15) days after written notification of award of the contract, the
Successful Bidder shall execute and furnish to the Owner three (3) original signed
contracts and a Certificate of Insurance.
21. Affidavit of Bills Paid.
Prior to final acceptance of this project by the Owner, the Contractor shall execute
an affidavit that all bills for labor, materials, and incidentals incurred in the project
construction have been paid in full, and that there are no claims pending.
22. Bid Compliance.
Bid must comply with all Federal, State, county and local laws. Contractor shall not
hire nor work any illegal alien.
23. Notice to Proceed.
Upon execution of the Contract, the Owner will issue a written Notice to Proceed to
the Contractor requesting that he proceed with the construction. The Calendar day
count for the project shall commence within ten (10) calendar days after the date of
the Notice to Proceed or when the contractor begins work, whichever occurs first.
24. Sales Tax.
The bidder shall not include or provide for sales tax on tangible personal property to
be incorporated into the project. In order to be exempt from the sales tax on such
tangible personal property, the contract shall separate and provide separate
charges for materials to be incorporated into the project from charges for labor.
The City will provide the Contractor with an exemption certificate for the materials.
The contractor is expected to issue a resale certificate in lieu of paying a sales tax
at the time of purchase. The bidder shall show the cost of materials to be
incorporated into the contract (tangible personal property) in the space provided on
the bid form. The successful bidders bid form will be used to develop a separated
contract and will determine the extent of the tax exemption. Upon execution of the
construction contract, the successful bidder shall provide a per item breakdown of:
a) materials incorporated into the project; and
b) labor, equipment, supervision and materials not incorporated into the project.
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25. Silence of Specification.
The apparent silence of these specifications as to any detail or to the apparent
omission from it of a detailed description concerning any point, shall be regarded as
meaning that only the best commercial practices are to prevail. All interpretations of
these specifications shall be made on the basis of this statement by Owner or their
authorized representative.
26. Change Orders.
No oral statement of any person shall modify or otherwise change, or affect the
terms, conditions or specifications stated in the resulting Contract. All change
orders to the Contract will be made in writing by the Owner.
27. Assignment.
The Successful Bidder shall not sell, assign, transfer or convey this Contract, in
whole or in part, without the prior written consent of Owner.
28. Venue.
This agreement will be governed and construed according to the laws of the State
of Texas. This agreement is performable in Dallas County, Texas.
29. Maintenance Bond.
The Contractor shall provide a two-year Maintenance Bond in the amount of 50% of
the value of the work at the completion of the project. The bond must be provided
prior to final payment by the City. The Maintenance Bond is to cover all defective
workmanship or materials furnished in the construction or any part thereof or any of
the accessories thereto constructed by the Contractor.
30. Testing Requirements.
Place the lighting system in operation for a 30 day test period. Burn the lighting
system steadily for 48 hours. Then cycle the photocell or other control device for
28 days.
Pass a 30 day continuous performance test of the lighting system.
Replace materials that are damaged or have failed before acceptance. Damaged
illumination assemblies, except those damaged by the Contractor, and minor
failures of lamps, ballasts, and photocells are not cause for modifying or restarting
the performance test.
Replace failed or damaged existing lighting system components when caused by
the Contractor.
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The City will relieve the Contractor of routine maintenance responsibilities upon
passing a 30 day continuous performance test of the lighting system and
acceptance of the Contract.
The work performed, materials furnished, equipment, labor, tools, and incidentals
will not be measured or paid for directly, but will be subsidiary to pertinent Items.
The City will pay for electrical energy consumed by the lighting system.
31. Overtime.
Hours worked before 8:00 a.m. or after 5:00 p.m., all weekends and holidays are
subject to overtime. Overtime request or scheduled testing must be made in writing
and approved by the City of Coppell. Seventy-two hours advance-notice is
required. All overtime incurred by the City for inspection services and any overtime
incurred by the testing laboratory shall be paid by the Contractor. If not paid, such
cost may be deducted from partial payments. The pay rate for Inspector overtime
charges will be $54 / hr.
32. Payment.
Contractor shall submit Applications for Payment in accordance with Item 109.5 of
the General Provisions. Applications for Payment will be processed by Engineer as
provided in the General Provisions.
33. Documentation of Existing Conditions.
Contractor must prepare a video and provide a copy to City of existing conditions
within entire work area prior to the start of construction. This is subsidiary to the
pay item for Right-of-way Preparation.
34. Bid Security.
Contractor must submit a bid security in the amount of five (5%) percent of the
amount of the maximum total bid as a guarantee that the Bidder will promptly enter
into a Contract and execute a Performance, Payment and Maintenance Bonds on
the forms included in the Contract Documents if awarded the contract.
Acceptable Bid Security are:
a) Certified or cashier’s check made payable to the Owner.
b) An approved Bidder’s Bond underwritten by a surety named in the current list
of “Surety Companies Acceptable on Federal Bonds” as published in the
Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury
Department.
35. Bonds
Performance, Payment and Maintenance Bonds are required for this project and
shall be provided in accordance with the General Conditions.
1-17 Bidding Documents
BID FORM
PROJECT IDENTIFICATION: LED Illumination Upgrade on Freeport Parkway
South (Sandy Lake Road to Ruby Road) and West Sandy Lake Road (North Coppell
Road to Denton Tap Road)
Coppell, Texas
BID OF _____________________________________________ DATE __________
(NAME OF FIRM)
THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER)
c/o Purchasing Agent
255 Parkway Boulevard
P.O. 9478
Coppell, Texas 75019
CITY OF COPPELL BID NO:
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into
an agreement with OWNER in the form included in the Contract Documents to
perform and furnish all Work as specified or indicated in the Contract Documents
for the Contract Price and within the Contract Time indicated in this Bid and in
accordance with the other terms and conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to
Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for
ninety (90) days after the day of Bid opening. BIDDER will sign and submit the
Agreement with other documents required by the Bidding Requirements within
fifteen (15) days after the date of OWNER's Notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that:
(a) BIDDER has examined copies of all the Bidding Documents and of the
following Addenda (receipt of all which is hereby acknowledged):
No:
Date: ______
Rec'd: ______
1-18 Bidding Documents
(b) BIDDER has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and
Regulations that in any manner may affect cost, progress, performance or
furnishing of the Work.
(c) BIDDER has studied carefully all reports of exploration and tests of
subsurface conditions contained in the contract documents and which have
been used in preparation of the contract documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in such reports, but
not upon nontechnical data, interpretations or opinions contained therein or
for the completeness thereof for CONTRACTOR's purposes. Except as
indicated in the immediately preceding sentence, CONTRACTOR shall have
full responsibility with respect to subsurface conditions at site.
BIDDER has studied carefully all drawings of the physical conditions in or
relating to existing surface or subsurface structures on the site, which are
contained in the contract documents and which have been utilized in
preparation of the contract documents. CONTRACTOR may rely upon the
accuracy of the technical data contained in such drawings, but not for the
completeness thereof for CONTRACTOR's purposes. Except as indicated in
the immediately preceding sentence, CONTRACTOR shall have full
responsibility with respect to physical conditions in or relating to such
structures.
(d) BIDDER has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations,
explorations, tests and studies (in addition to or to supplement those referred
to in (c) above) which pertain to the subsurface or physical conditions at the
site or otherwise may affect the cost, progress, performance or furnishing of
the Work as BIDDER considers necessary for the performance or furnishing
of the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents;
and no additional examinations, investigations, explorations, tests reports or
similar information or data are or will be required by BIDDER for such
purposes.
(e) BIDDER has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional
examinations, investigations, explorations, tests, reports or similar
information or data in respect of said Underground Facilities are or will be
required by BIDDER in order to perform and furnish the Work at the Contract
Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents.
1-19 Bidding Documents
(f) BIDDER has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and
conditions of the Contract Documents.
(g) BIDDER has given ENGINEER written notice of all conflicts, errors or
discrepancies that it has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to BIDDER.
(h) This bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity
with any agreement or rules of any group, association, organization or
corporation; BIDDER has not directly or indirectly induced or solicited any
other Bidder to submit a false or sham Bid; BIDDER has not solicited or
induced any person, firm or corporation to refrain from bidding; and BIDDER
has not sought by collusion to obtain for itself any advantage over any other
Bidder or over OWNER.
(i) It is understood and agreed that the following quantities of work to be done
at unit prices are approximate only, and are intended principally to serve as a
guide in evaluating bids.
(j) It is understood and agreed that the quantities of work to be done at unit
prices and materials to be furnished may be increased or diminished as may
be considered necessary in the opinion of the OWNER to complete the work
fully as planned and contemplated, and that all quantities of work, whether
increased or decreased, are to be performed at the unit prices set forth,
except as provided for otherwise in the Contract Documents.
4. BIDDER understands that the work for each street will be completed in multiple
phases. Plans for phasing or move-ins by utility and paving contractors will require
approval by the Engineer. It is understood and agreed that all work under this
contract will be completed within the bid calendar days. Completion date will be
established in the Notice to Proceed. It is understood that time of completion will be
a consideration in the award of the bid.
5. It is understood and agreed that the contractor’s experience in this type of work
will be a strong consideration in the award of the bid.
6. It is strongly recommended that each BIDDER visit the site prior to submitting a
bid. Construction constraints exist, including heavy traffic volume along the
roadway and accessibility requirements to & from adjacent streets, neighborhoods
and properties, which could affect productivity.
7. BIDDER will complete the Work for the following price(s):
1-20 Bidding Documents
ITEM ESTIMATED UNIT DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID
Freeport Parkway South
1 1 LS
complete in place, for the sum of
_____________________________________________________Dollars
and___________________________________________________Cents
per lump sum.$__________________$__________________
2 19 EA
complete in place, for the sum of
_____________________________________________________Dollars
and___________________________________________________Cents
per each.$__________________$__________________
3 1 EA
complete in place, for the sum of
_____________________________________________________Dollars
and___________________________________________________Cents
per each.$__________________$__________________
4 10 LF
complete in place, for the sum of
_____________________________________________________Dollars
and___________________________________________________Cents
per linear foot.$__________________$__________________
5 3800 LF
complete in place, for the sum of
_____________________________________________________Dollars
and___________________________________________________Cents
per linear foot.$__________________$__________________
6 3800 LF
complete in place, for the sum of
_____________________________________________________Dollars
and___________________________________________________Cents
per linear foot.$__________________$__________________
7 3800 LF
complete in place, for the sum of
_____________________________________________________Dollars
and___________________________________________________Cents
per linear foot.$__________________$__________________
BASE TOTAL (A)$__________________
Freeport Parkway South
Traffic - 1 Conductor #8 XHHW Wire - Red
Traffic - 1 Conductor #8 XHHW Wire - Black
Traffic - Type 'A' Ground Box with Apron
Traffic - 2" PVC Schedule 40 Conduit (Trench Bore)
Traffic - 1 Conductor #8 Gauge Bare Wire
City of Coppell Bid No. Q-1014-01
LED Illumination Upgrade on Freeport Parkway South and West Sandy Lake Road
Project No. TR14-01
Furnish, Install, Maintain, and Remove Temporary Traffic
Control Devices
Installation of Illumination Pole Assembly and Luminaires
1-21
ITEM ESTIMATED UNIT DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO.QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID
West Sandy Lake Road
1 1 LS
complete in place, for the sum of
_____________________________________________________Dollars
and___________________________________________________Cents
per lump sum.$__________________$__________________
2 28 EA
complete in place, for the sum of
_____________________________________________________Dollars
and___________________________________________________Cents
per each.$__________________$__________________
3 1 EA
complete in place, for the sum of
_____________________________________________________Dollars
and___________________________________________________Cents
per each.$__________________$__________________
4 10 LF
complete in place, for the sum of
_____________________________________________________Dollars
and___________________________________________________Cents
per linear foot.$__________________$__________________
5 5695 LF
complete in place, for the sum of
_____________________________________________________Dollars
and___________________________________________________Cents
per linear foot.$__________________$__________________
6 5695 LF
complete in place, for the sum of
_____________________________________________________Dollars
and___________________________________________________Cents
per linear foot.$__________________$__________________
7 5695 LF
complete in place, for the sum of
_____________________________________________________Dollars
and___________________________________________________Cents
per linear foot.$__________________$__________________
BASE TOTAL (B)$__________________
West Sandy Lake Road
TOTAL (A) + (B)$__________________
LED Illumination Upgrade on Freeport Parkway South and West Sandy Lake Road
Project No. TR14-01
City of Coppell Bid No. Q-1014-01
Traffic - 1 Conductor #8 XHHW Wire - Black
Furnish, Install, Maintain, and Remove Temporary Traffic
Control Devices
Installation of Illumination Pole Assembly and Luminaires
Traffic - Type 'A' Ground Box with Apron
Traffic - 2" PVC Schedule 40 Conduit (Trench Bore)
Traffic - 1 Conductor #8 Gauge Bare Wire
Traffic - 1 Conductor #8 XHHW Wire - Red
1-22
BID SUMMARY – BID NO. Q-1014-01
LED Illumination Upgrade on Freeport Parkway South (Sandy Lake Road to Ruby
Road) and West Sandy Lake Road (North Coppell Road to Denton Tap Road)
TOTAL BASE BID (A) ITEMS – Freeport Parkway South (Sandy Lake Road to
Ruby Road) $_______________________
TOTAL BASE BID (B) ITEMS – West Sandy Lake Road (North Coppell Road to
Denton Tap Road) $_______________________
*TOTAL BID ITEMS BASE BID (A) + (B) $_______________________
*The bid with the lowest amount for (A) + (B) will be considered the low bid.
4. Communications concerning this Bid shall be addressed to the address of BIDDER
indicated on the applicable signature page.
5. BIDDER understands that the Owner is exempt from State Limited Sales and Use
Tax on tangible personal property to be incorporated into the project. Said taxes
are not included in the Contract Price (see Instructions to Bidders).
6. The terms used in this Bid which are defined in the General Conditions of the
Construction Contract included as part of the Contract Documents have the
meanings assigned to them in the General Conditions.
The City of Coppell reserves the right to delete any portion of this project as it may deem
necessary to stay within the City's available funds. Should the City elect to delete any
portion, the contract quantities will be adjusted accordingly.
PROPOSAL GUARANTY
A Proposal Guaranty shall be provided in accordance with Item 102.5 of the
Standard Specifications for Public Works Construction – North Central Texas
Council of Governments Fourth Edition.
SUBMITTED ON ________________________________________
Signature: ________________________________________
1-23
Bidding Documents
PREVAILING WAGE RATES
Classification Hourly Rate
CONCRETE FINISHER (Paving & Structures)
..................................................................... 14.12
ELECTRICIAN ............................................. 19.80
FORM BUILDER / FORM SETTER
Paving & Curb .............................................. 13.16
Structures ..................................................... 13.84
LABORER
Asphalt Raker ............................................... 12.69
Flagger ......................................................... 10.06
Laborer, Common ........................................ 10.72
Laborer, Utility .............................................. 12.32
Pipelayer ...................................................... 13.24
Work Zone Barricade Servicer ..................... 11.68
POWER EQUIPMENT OPERATOR
Asphalt Distributor ........................................ 15.32
Asphalt Paving Machine ............................... 13.99
Broom or Sweeper ....................................... 11.74
Concrete Pavement Finishing Machine ....... 16.05
Concrete Saw ............................................... 14.48
Crane Operator, Lattice Boom .................... 17.27
80 Tons or Less
Crane Operator, Lattice Boom over ............. 20.52
80 Tons
Crane, Hydraulic 80 Tons or Less ................ 18.12
Crawler Tractor ............................................ 14.07
Excavator, 50,000 pounds or less ................ 17.19
Excavator, over 50,000 pounds ................... 16.99
Foundation Drill, Truck Mounted .................. 21.07
Foundation Drill, Crawler Mounted ............... 17.99
Front End Loader 3 CY or Less ................... 13.69
Front End Loader, over 3 CY ....................... 14.72
Loader / Backhoe ......................................... 15.18
Mechanic ...................................................... 17.68
Milling Machine............................................. 14.32
Motor Grader, Fine Grade ............................ 17.19
Motor Grader, Rough ................................... 16.02
Pavement Marking Machine......................... 13.63
Reclaimer/Pulverizer .................................... 11.01
Roller, Asphalt .............................................. 13.08
Roller, Other ................................................. 11.51
Scraper ......................................................... 12.96
Small Slipform Machine ............................... 15.96
Spreader Box ............................................... 14.73
Servicer ........................................................ 14.58
Steel Worker (Reinforcing) .......................... 16.18
Classification Hourly Rate
TRUCK DRIVER
Lowboy-Float ................................................ 16.24
Off Road Hauler ........................................... 12.25
Single Axle ................................................... 12.31
Single or Tandem Axle Dump Truck ............ 12.62
Tandem Axle Tractor with Semi Trailer ....... 12.86
Transit-Mix ................................................... 14.14
WELDER ..................................................... 14.84
1-24
Bidding Documents
BID AFFIDAVIT
The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and
are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all
commodities upon which prices are extended at the price offered, and upon the conditions
contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be
ninety (90) calendar days from the date of the bid opening.
STATE OF _____________________________COUNTY OF____________________________
BEFORE ME, the undersigned authority, a Notary Public in and for the State of _________, on this
day personally appeared ______________________________ who after being by me
Name
duly sworn, did depose and say:
"I, __________________________________ am a duly authorized office/agent for
Name
_____________________________________ and have been duly authorized to exec ute the
Name of Firm
foregoing on behalf of the said _____________________________________________________
Name of Firm
I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or
individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I
certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly
concerned in any pool, agreement or combination thereof, to control the price of services/
commodities bid on, or to influence any individual(s) to bid or not to bid thereon."
Name and Address of Bidder:______________________________________________________
______________________________________________________________________________
Telephone: ( )________________ by:___________________________________________
Title: ___________________________Signature:______________________________________
SUBSCRIBED AND SWORN to before me by the above named _________________________
on this the __________________ day of ___________________________________20________
Notary Public in and for the State of __________________
________________________________________________
1-25
Bidding Documents
If BIDDER IS:
An Individual
By_______________________________________________________________________(Seal)
(Individual's Name)
doing business as
________________________________________________________________
Business address
________________________________________________________________
______________________________________________Phone No. ______________________
A Partnership
By_______________________________________________________________________(Seal)
(Firm Name)
______________________________________________________________________________
(General Partner)
Business address _______________________________________________________________
_____________________________________________Phone No. ______________________
A Corporation
By____________________________________________________________________________
(Corporation Name)
______________________________________________________________________________
(State of Incorporation)
By____________________________________________________________________________
(Name of person authorized to sign)
______________________________________________________________________________
(Title)
(Corporate Seal)
Attest__________________________________________________________________________
(Secretary)
Business address ______________________________________________________________
____________________________________________Phone No. ______________________
A Joint Venture
By____________________________________________________________________________
(Name) (Address)
By____________________________________________________________________________
(Name) (Address)
(Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a
partner to the joint venture should be in the manner indicated above.)
1-26
Bidding Documents
CONFLICT OF INTEREST QUESTIONNAIRE
FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire is being filed in accordance with chapter 176 of the Local
Government Code by a person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the
person becomes aware of facts that require the statement to be filed. See
Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
OFFICE USE
ONLY
Date
Received
1
Name of person doing business with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing
authority not later than September 1 of the year for which an activity described in Section
176.006(a), Local Government Code, is pending and not later than the 7th business day after
the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name each employee or contractor of the local governmental entity who makes
recommendations to a local government officer of the governmental entity with
respect to expenditures of money AND describe the affiliation or business
relationship.
4
Name each local government officer who appoints or employs local government
officers of the governmental entity for which this questionnaire is filed AND describe
the affiliation or business relationship.
1-27
Bidding Documents
FORM CIQ
CONFLICT OF INTEREST QUESTIONNAIRE Page 2
For vendor or other person doing business with local governmental entity
5 Name of local government officer with whom filer has affiliation or business relationship. (Complete
this section only if the answer to A, B, or C is YES.
This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has
affiliation or other relationship. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer
of the questionnaire? Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local
government officer named in this section AND the taxable income is not from the local governmental
entity? Yes No
C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government
officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No
D. Describe each affiliation or business relationship.
6
____________________________________________________ ___________________
Signature of person doing business with the governmental entity Date
1-28
Bidding Documents
SECTION 2
CONTRACT
DOCUMENTS
2-1
Contract Documents
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the __________ day of __________________ in the
year 2014 by and between the CITY OF COPPELL, TEXAS, a municipal corporation
(hereinafter called OWNER) and _________________ (hereinafter called
CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
This work shall consist of installing City furnished illumination poles with fixtures on
existing foundations and furnishing and installing wiring to connect and energize
fixtures using existing conduit and electrical service points.
The overall scope of work shall include all the components necessary to complete
the construction of continuous roadway lighting systems on the following arterial
segments:
• Freeport Parkway South - between Sandy Lake Road and Ruby
Road
• West Sandy Lake Road - between Coppell Road North and Denton
Tap Road.
These segments are being reconstructed or have been recently
reconstructed as four lane divided facilities with illumination foundations
and conduit to accommodate the LED illumination poles and wiring. On
Freeport Parkway the electrical service for the illumination was installed
with the service for the irrigation, shown as E1 and E3 on the Illumination
plans. On West Sandy Lake Road the electrical service for the
Illumination was installed with the service for the traffic signals at North
Coppell Road (E4), South Coppell Road (E5), and Whispering Hills (E6).
Lighting for the roadway bridges in these segments was installed as part
of the roadway reconstruction projects and is not a part of this contract.
The Project for which the Work under the Contract Documents may be the whole or only
a part is generally described as follows:
2-2 Contract Documents
Construction of:
LED Illumination Upgrade on Freeport Parkway South (Sandy Lake Road to Ruby
Road) and West Sandy Lake Road (North Coppell Road to Denton Tap Road)
PROJECT NO. TR14-01
Bid No. Q-1014-01
Article 2. ENGINEER.
The Project has been designed by Teague Nall and Perkins, Inc. Contract administration
will be provided by the City of Coppell Engineering Department who is hereinafter called
ENGINEER and who is to act as OWNER's representative, assume all duties and
responsibilities and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract
Documents.
Article 3. CONTRACT TIME.
3.1. The Work will be completed within 60 calendar days of receiving City
furnished illumination poles for each phase (Freeport Parkway South and West
Sandy Lake Road) of the project and after pole foundations, conduits, and service
points have been installed by others. Contract time is suspended when
illumination poles are not available or pole foundations, conduits, and service
points have not been installed by others. The Contract time commences to run as
provided in Item 103.2 of the General Provisions, and the work shall be completed
and ready for final payment in accordance with Item 109.5 of the General
Provisions.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance
with the Contract Documents in current funds subject to additions and deductions
by Change Orders as provided in the contract documents in accordance with the
unit prices listed in the Proposal and Bid Schedule, Section 1 of these contract
documents.
The total contract sum shall be the amount of: $ .
The total tangible personal property cost
included in the contract sum is: $
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 of
the General Provisions. Applications for Payment will be processed by ENGINEER as
provided in the General Provisions.
5.1. Progress Payments. OWNER shall make progress payments on account of
the Contract Price on the basis of CONTRACTOR's Applications for Payment as
recommended by ENGINEER, each month during construction as provided below.
2-3 Contract Documents
All progress payments will be on the basis of the progress of the Work measured
by the schedule of values established in Item 109.5 of the General Provisions (and
in the case of Unit Price Work based on the number of units completed) or, in the
event there is no schedule of values, as provided in the General Provisions.
5.1.1. Prior to Completion, progress payments will be made in an amount equal to
the percentage indicated in Item 109.5.2 of the General Provisions, but, in each
case, less the aggregate of payments previously made and less such amounts as
ENGINEER shall determine, or OWNER may withhold, in accordance with Item
109.4 of the General Provisions.
5.2. Final Payment. Upon final completion and acceptance of the Work in
accordance with Item 109.5.4 of the General Provisions, OWNER shall pay the
remainder of the Contract Price as recommended by ENGINEER as provided in
said Item 109.5.4.
Article 6. INTEREST.
No interest shall ever be due on late payments.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
7.1. CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are identified in
the Supplementary Conditions as provided in Item 102.3 of the General
Provisions, and accepts the determination set forth in Item SC-105.1.3 of the
Supplementary Conditions of the extent of the technical data contained in such
reports and drawings upon which CONTRACTOR is entitled to rely.
7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility
for obtaining and carefully studying) all such examinations, investigations,
explorations, tests, reports, and studies (in addition to or to supplement those
referred to in paragraph 7.1 above) which pertain to the subsurface or physical
conditions at or contiguous to the site or otherwise may affect the cost, progress,
performance, or furnishing of the Work as CONTRACTOR considers necessary for
the performance or furnishing of the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the
Contract Documents, including specifically the provisions of Item 102.3 of the
General Provisions; and no additional examinations, investigations, explorations,
tests, reports, studies, or similar information or data are or will be required by
CONTRACTOR for such purposes.
7.3. CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes all responsibility for the accurate
location of said Underground Facilities. No additional examinations, investigations,
2-4 Contract Documents
explorations, tests, reports, studies, or similar information or data in respect of said
Underground Facilities are or will be required by CONTRACTOR in order to
perform and furnish the Work at the Contract Price, within the Contract time and in
accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of Items 102.3, 103.1 and 104.1 of the General
Provisions.
7.4. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, explorations, tests, reports, and studies with the
terms and conditions of the Contract Documents.
7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1. This Agreement (pages 2-2 thru 2-7, inclusive).
8.2. Exhibits to this agreement (immediately following this Agreement, inclusive),
including Performance Bond, Payment Bond and Maintenance Bond.
8.3. Certificate of Insurance.
8.4. Notice of Award.
8.5. Part 1: Standard Specifications for Public Works Construction – North
Central Texas Council of Governments Fourth Edition.
8.6. Supplementary Conditions to the NCTCOG, Division 100: General
Provisions (pages 3-2 thru 3-10, inclusive).
8.7. Specifications bearing the title: "Construction Specifications and Contract
Documents for the " LED Illumination Upgrade on Freeport Parkway South
(Sandy Lake Road to Ruby Road) and West Sandy Lake Road (North
Coppell Road to Denton Tap Road) (Project No. TR14-01) for the City of
Coppell".
8.8. Drawings (Construction Plans) entitled: “LED Illumination Upgrade on
Freeport Parkway South (Sandy Lake Road to Ruby Road) and West
Sandy Lake Road (North Coppell Road to Denton Tap Road) (Project No.
TR14-01) for the City of Coppell”.
8.9. The following listed and numbered addenda:
___________________
2-5 Contract Documents
8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding
Documents.
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award.
8.12. The following which may be delivered or issued after the Effective Date of
the Agreement and are not attached hereto: All Written Amendments and
other documents amending, modifying, or supplementing the Contract
Documents pursuant to Items 104.2 and 109.3 of the General Provisions.
8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this
Agreement (except as expressly noted otherwise above).
The Contract Documents may only be amended, modified, or supplemented
as provided in Items 104.2 and 109.3 of the General Provisions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Item 101. of the General
Provisions will have the meanings indicated in the General Provisions.
9.2. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but without
limitation moneys that may become due and moneys that are due may not
be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release
or discharge the assignor from any duty or responsibility under the Contract
Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assignors and legal representatives to the other party hereto, its partners,
successors, assignors and legal representatives in respect of all covenants,
agreements and obligations contained in the Contract Documents.
2-6 Contract Documents
Article 10. OTHER PROVISIONS.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and
ENGINEER. All portions of the Contract Documents have been signed or identified by
OWNER and CONTRACTOR or by ENGINEER on their behalf.
This Agreement will be effective on ____________________________________, 2014.
OWNER: City of Coppell CONTRACTOR:
255 Parkway Boulevard
Coppell, TX 75019
BY: _____________________________ BY: ________________________________
TITLE: __________________________ TITLE: _____________________________
ATTEST: _________________________ ATTEST: ___________________________
Address for giving notices: Address for giving notices:
P.O. Box 9478 ___________________________________
Coppell, Texas 75019
Attn: Ken Griffin, P.E. ___________________________________
Dir. of Engineering/Public Works
(If OWNER is a public body, attach (If CONTRACTOR is a corporation, attach
evidence of authority to sign and evidence of authority to sign.)
resolution or other documents
authorizing execution of Agreement.)
2-7 Contract Documents
Certificate of Insurance
After award of contract, Contractor will provide Owner With Certificate of Insurance, which
will be executed and bound here with final documents.
Please see the Standard Specifications for Public Works Construction – North Central
Texas Council of Governments Fourth Edition, Item 103.4 for insurance policies required.
Contractor’s Insurance
o Worker’s Compensation – As set forth in the Workers Compensation Act
o Commercial General Liability - $1,000,000 Accident/Occurrence
o Automobiles - $500,000 Combined single limit per occurrence
o Owner’s Protective Liability - $600,000 per occurrence; 1,000,000 aggregate
o “Umbrella” Liability - $1,000,000 per occurrence with drop down coverage
o Liability (Public) - $1,000,000 Aggregate; $1,000,000 Products & Completed
Operations Aggregate
Additional insured – The Owner shall be named as an additional insured on the
Commercial General Liability (Public), Owner’s Protective Liability, and
Excess/Umbrella Liability Insurance Policies furnished by the Contractor.
Please see the Standard Specifications for Public Works Construction – North Central
Texas Council of Governments Fourth Edition, Item 107.2 for indemnification
requirements.
2-8 Contract Documents
Instructions for Bonds
A. The surety on each bond must be a responsible surety company that is qualified to
do business in Texas and satisfactory to the Owner.
B. The name and residence of each individual party to the bond shall be inserted in
the body thereof, and each such party shall sign the bond with his usual signature
on the line opposite the scroll seal, and if signed in Maine, Massachusetts or New
Hampshire, an adhesive seal shall be affixed opposite the signature.
C. If the principals are partners, their individual names will appear in the body of the
bond, with the recital that they are partners composing a firm, naming it, and all the
members of the firm shall execute the bond as individuals.
D. The signature of a witness shall appear in the appropriate place, attesting the
signature of each individual party to the bond.
E. If the principal or surety is a corporation, the name of the State in which
incorporated shall be inserted in the appropriate place in the body of the bond, and
said instrument shall be executed and attested under the corporate seal, the fact
shall be stated, in which case a scroll or adhesive seal shall appear following the
corporate name.
F. The official character and authority of the person or persons executing the bond for
the principal, if a corporation, shall be certified by the secretary or assistant
secretary according to the form attached hereto. In lieu of such certificate, records
of the corporation as will show the official character and authority of the officer
signing, duly certified by the secretary or assistant secretary, under the corporate
seal, to be true copies.
G. The date of this bond must not be prior to the date of the contract in connection
with which it is given.
2-9 Contract Documents
PERFORMANCE BOND
STATE OF TEXAS }
COUNTY OF DALLAS }
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 licensed to transact business in the State of Texas as Surety, are held and firmly
bound unto the CITY OF COPPELL, a municipal corporation organized and existing
under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of
_____________________________________________________________
DOLLARS
($___________________ ) in lawful money of the United States, to be paid in Dallas
County, Texas, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors jointly and severally, firmly
by these presents. This Bond shall automatically be increased by the amount of any
Change Order or Supplemental Agreement which increases the Contract price, 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 with the City of Coppell, the Beneficiary, dated
the _______ of ____________ , A.D. 2014, which is made a part hereof by reference, for
the construction of certain public improvements that are generally described as follows:
Construction of:
LED Illumination Upgrade on Freeport Parkway South
(Sandy Lake Road to Ruby Road)
and West Sandy Lake Road
(North Coppell Road to Denton Tap Road)
PROJECT NO. TR14-01
Bid No. Q-1014-01
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 Beneficiary, 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
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date of final completion and final acceptance of the Work by Owner; and, if the Principal
shall fully indemnify and save harmless the Beneficiary from all costs and damages which
Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse
and repay Beneficiary all outlay and expense which the Beneficiary may incur in making
good any default or deficiency, 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 Dallas 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 the specifications
accompanying the same shall in anyway 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 or to the Specifications.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, 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 Dallas County or 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
__________________, 2014.
PRINCIPAL SURETY
______________________________ ___________________________________
By: ___________________________ By:_______________________________
Title: __________________________ Title:______________________________
ATTEST: ATTEST:
______________________________ _________________________________
Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the
process is:
NAME:
______________________________________________________________________
ADDRESS:
_____________________________________________________________________
NOTE: Date of Performance Bond must be date of Contract.. If Resident Agent is not corporation, give
person's name.
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PAYMENT BOND
STATE OF TEXAS }
COUNTY OF DALLAS }
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 licensed to transact business in the State of Texas as Surety, are held and firmly
bound unto the CITY OF COPPELL, a municipal corporation organized and existing
under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of
___________________________
_________________________________________________________DOLLARS
($___________________ ) in lawful money of the United States, to be paid in Dallas
County, Texas, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors jointly and severally, firmly
by these presents. This Bond shall automatically be increased by the amount of any
Change Order or Supplemental Agreement which increases the Contract price, 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 with the City of Coppell, dated the _______ of
____________ , A.D. 2014, which is made a part hereof by reference, for the
construction of certain public improvements that are generally described as follows:
Construction of:
LED Illumination Upgrade on Freeport Parkway South
(Sandy Lake Road to Ruby Road)
and West Sandy Lake Road
(North Coppell Road to Denton Tap Road)
PROJECT NO. TR14-01
Bid No. Q-1014-01
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 modification to the Surety is 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 Dallas County, Texas.
2-12 Contract Documents
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 the Plans, Specifications,
Drawings, etc., accompanying the same, shall in anyway 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.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, 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 Dallas County or 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
___________________, 2014.
PRINCIPAL SURETY
______________________________ ___________________________________
By: ___________________________ By:________________________________
Title: __________________________ Title: _______________________________
ATTEST: ATTEST:
______________________________ ________________________________
The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of
notice and service of the process is:
NAME:
______________________________________________________________________
ADDRESS:
______________________________________________________________________
NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a
person's name.
2-13 Contract Documents
MAINTENANCE BOND
STATE OF TEXAS }
COUNTY OF DALLAS }
KNOW ALL MEN BY THESE PRESENTS: THAT ________________________
_________________________________ as Principal, and
___________________________, a corporation organized under the laws of
_____________________________________, as sureties, do hereby expressly
acknowledge themselves to be held and bound to pay unto the
_____________________________, a Municipal Corporation, Texas, the sum of
___________________________________________ Dollars and
__________________________ Cents ($_____________), for the payment of which
sum will and truly be made unto said __________________________________, and its
successors, said principal and sureties do hereby bind themselves, their assigns and
successors jointly and severally.
THIS obligation is conditioned; however, that whereas, the said
______________________________________________________________________
has this day entered into a written contract with the said
__________________________________ to build and construct LED Illumination
Upgrade on Freeport Parkway South (Sandy Lake Road to Ruby Road) and West
Sandy Lake Road (North Coppell Road to Denton Tap Road), (Project No. TR14-01),
Bid No. Q-1014-01, which contract and the plans and specifications therein mentioned,
adopted by the _____________________________ are hereby expressly made a part
thereof as through the same were written and embodied herein.
WHEREAS, under the plans, specifications, and contract, it is provided that the
Contractor will maintain and keep in good repair, the work herein contracted to be done
and performed, for a period of two (2) years from the date of the acceptance of said work,
and to do all necessary repairs and/or reconstruction in whole or in part of said
improvements that should be occasioned by settlement of foundation, defective
workmanship or materials furnished in the construction or any part thereof or any of the
accessories thereto constructed by the Contractor. It being understood that the purpose
of this section is to cover all defective conditions arising by reason of defective material
and charge the same against the said Contractor, and sureties on this obligation, and the
said Contractor and sureties hereon shall be subject to the liquidation damages
mentioned in said contract for each day's failure on its' part to comply with the terms of
said provisions of said contract. Now, therefore, if the said Contractor shall keep and
perform its' said agreement to maintain said work and keep the same in repair for the said
maintenance period of two (2) years, as provided, then these presents shall be null and
void, and have no further effect, but if default shall be made by the said Contractor in the
performance of its' contract to so maintain and repair said work, then these presents shall
have full force and effect, and said ________________________ shall have and receive
from the said Contractor and its' principal and sureties damages in the premises, as
2-14 Contract Documents
provided; and it is further agreed that this obligation shall be a continuing one against the
principal and sureties, hereon, and that successive recoveries may be and had hereon for
successive branches until the full amount shall have been exhausted; and it is further
understood that the obligation herein to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished or in any manner
affected from any cause during said time.
IN WITNESS WHEREOF, the said __________________________________ has
caused these presents to be executed by
________________________________________ and the said
_____________________________________________ has caused these presents to
be executed by its Attorney in fact and the said Attorney in fact
____________________________ , has hereunto set his hand, the ______________
day of _______________________, 2014.
PRINCIPAL SURETY
_______________________________ ___________________________________
By: ____________________________ By:________________________________
Title: ___________________________ Title:_______________________________
WITNESS: ATTEST:
_______________________________ __________________________________
NOTE: Date of Maintenance Bond must not be prior to date of Contract.
2-15 Contract Documents
SECTION 3
STANDARD SPECIFICATIONS
SUPPLEMENTARY
CONDITIONS
3-1
Standard Specifications
Supplementary Conditions
CITY OF COPPELL
SUPPLEMENTARY CONDITIONS
TO THE
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
GENERAL PROVISIONS
THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD SPECIFICATIONS FOR
THE PUBLIC WORKS CONSTRUCTION – NORTH CENTRAL TEXAS COUNCIL OF
GOVERNMENTS, FOURTH EDITION AS INDICATED BELOW. ALL PROVISIONS WHICH
ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL
PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED.
DIVISION 100: GENERAL PROVISIONS
ITEM 101. – DEFINITIONS & ABBREVIATIONS
SC-101.1
Engineer: The word "Engineer" or “ENGINEER” in these contract documents and
specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O.
Box 9478, Coppell, TX 75019, Engineer of the Owner, or such other representatives as
may be authorized by said Owner to act in any particular position.
Owner: The word "Owner" or “OWNER” in these contract documents and specifications
refers to the CITY OF COPPELL acting through its authorized representatives.
Consulting Engineer: Wherever the word “Consulting Engineer” or "Design Engineer" is
used in the Specifications and Contract Documents, it shall be understood as referring to
the Design Engineer or his authorized representative, Teague Nall and Perkins, Inc., 1100
Macon Street, Fort Worth, Texas 76102.
Working Day: Add the following sentence to the end of the “W orking Day” definition:
“Hours worked before 8:00 a.m. or after 5:00 p.m., all weekends and holidays are subject to
overtime. Overtime request or scheduled testing must be made in writing and approved by
the City of Coppell. Seventy-two hours advance-notice is required. All overtime incurred by
the City for inspection services and any overtime incurred by the testing laboratory shall be
paid by the CONTRACTOR. If not paid, such cost may be deducted from partial
payments.”
All other terms used in these Supplementary Conditions which are defined in the General
Provisions shall have the same meanings used in the General Provisions.
3-2 Standard Specifications
Supplementary Conditions
ITEM 103.3 – SURETY BONDS
SC-103.3.1
Add following sentence to Item 103.3.1:
"Maintenance Bond shall be required in the amount of 50% of the cost of the public
improvements for a 2 year period."
ITEM 103.4 - INSURANCE
SC-103.4.6
Add the following new item:
“103.4.6 If OWNER requests in writing that other special insurance be included in the
property insurance policy, CONTRACTOR shall, if possible, include such
insurance, and the cost thereof will be charged to OWNER by appropriate
Change Order or Written Amendment. Prior to commencement of the Work at
the site, CONTRACTOR shall in writing advise OWNER whether or not such
other insurance has been procured by CONTRACTOR.”
SC-103.4.7
Add the following new item:
“103.4.7 CONTRACTOR intends that any policies provided in response to Item 103.4
shall protect all of the parties' insured and provide coverage for all losses and
damages caused by the perils covered thereby. Accordingly, all such policies
shall contain provisions to the effect that in the event of payment of any loss or
damage the insurer will have no rights of recovery against any of the parties
named as insured or additional insured, and if such waiver forms are required of
any Subcontractor, CONTRACTOR will obtain the same.”
SC-103.4.7.1
Add the following new item:
“103.4.7.1 Teague Nall and Perkins, Inc. shall be included as an “Additional Insured” on
all project liability insurance.”
3-3 Standard Specifications
Supplementary Conditions
ITEM 103.6 - NOTICE TO PROCEED AND COMMENCEMENT OF WORK
SC-103.6
Add following sentence to end of Item 103.6.
“Before CONTRACTOR starts the Work at the site, a conference attended by
CONTRACTOR, ENGINEER and others as appropriate will be held to discuss the
schedules referred to in Items 105.3, 108.1 and 109.5.1, to discuss procedures for handling
Shop Drawings and other submittals and for processing Applications for Payment, and to
establish a working understanding among the parties as to the Work.”
ITEM 104.2 - CHANGE OR MODIFICATION OF CONTRACT
SC-104.2.1
Amend the last sentence in Paragraph two of Item 104.2.1 to delete the following phrase:
"except as provided below."
Add the following sentence to the end of paragraph two in Item 104.2.1:
"The unit price of an item of Unit Price Work shall be subject to re-evaluation and
adjustment under the following conditions:”
ITEM 105.1 – CONTRACT DOCUMENTS
SC-105.1.1
Add the following language at the end of the Item 105.1.1: "If there is any conflict between
the provisions of the Contract Documents and any such referenced standard specifications,
manuals or codes, the provisions of the Contract Documents shall take precedence over
that of any standard specifications, manuals or codes."
SC-105.1.3
Amend the first sentence of Item 105.1.3 by changing "such copies" to be "five copies".
Add the following to the end of Item 105.1.3:
"In the preparation of Drawings and Specifications, the Design Engineer has established
and relied upon the following reports of exploration and tests of subgrade conditions at the
site of the work:
Geotechnical Engineering Study – Freeport Parkway (Sandy Lake Road to Wagon
Wheel Park) Coppell, Texas, by CMJ Engineers, dated February 2008.
Geotechnical Engineering Study – West Sandy Lake Road (S.H. 121 to Denton
Tap Road) Coppell, Texas, by CMJ Engineers, dated April 2001.
3-4 Standard Specifications
Supplementary Conditions
Copies of these reports are available upon request.
The CONTRACTOR may also take borings at the site to satisfy himself as to subsurface
conditions."
ITEM 105.2 - WORKMANSHIP, WARRANTIES AND GUARANTEES
SC-105.2.2
Amend the first sentence of Item 105.2.2 to change the words "one year" to "two years".
ITEM 105.4 – CONSTRUCTION STAKES
SC-105.4
Delete the first paragraph of Item 105.4 in its entirety and insert the following in lieu thereof:
"Construction stakes/surveying shall be provided by the CONTRACTOR. Monumentation
has been provided for establishing vertical and horizontal control. The CONTRACTOR
shall be responsible for establishing all lines and grades, and the precise location of all
proposed facilities. The ENGINEER may make checks as the Work progresses to verify
lines and grades established by the CONTRACTOR to determine the conformance of the
completed Work as it progresses with the requirements of the construction documents.
Such checking by the ENGINEER shall not relieve the CONTRACTOR of his responsibility
to perform all Work in connection with Contract Drawings and Specifications and to the
lines and grades given therein."
ITEM 107.3 - OWNER'S OFFICERS, EMPLOYEES OR AGENTS
SC-107.3.2
Replace Item 107.3.2 with the following new paragraph:
“107.3.2 Conflict of Interest
City Charter states that no officer of the City shall have a financial interest, direct
or indirect, in any contract with the City, nor shall be financially interested, directly
or indirectly, in the sale to the City of any land, or rights or interest in any land,
materials, supplies or services. This prohibition does not apply when the interest
is represented by ownership of stock in a corporation involved, provided such
stock ownership amounts to less than one percent (1%) of the corporation stock.
Any violation of this prohibition will constitute malfeasance in office. Any officer
or employee of the City found guilty thereof should thereby forfeit his office or
position. Any violation of this prohibition with the knowledge, expressed or
implied, of the persons or corporations contracting with the City shall render the
contract voidable by the City Manager or the City Council. The CONTRACTOR
3-5 Standard Specifications
Supplementary Conditions
represents that no employee or officer of the City has an interest in the
CONTRACTOR.”
ITEM 107.14 - STATE AND LOCAL SALES AND USE TAXES
SC-107.14
Delete the language in Item 107.14 in its entirety and substitute the following in lieu thereof:
“Recent legislation has removed the sales tax exemption previously provided by Section
151.311 of the Tax Code covering tangible personal property purchased by a contractor for
use in the performance of a contract for the improvement of City-owned realty.
It is still possible, however, for a contractor to make tax-free purchase of tangible personal
property, which will be incorporated into and become part of a City construction project
through the use of a "separated contract" with the City. A "separated contract" is one,
which separates charges for materials from charges for labor. Under such a contract, the
contractor becomes a "seller" of those materials, which are incorporated into the project,
such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in
lieu of paying the sales tax at the time such items are purchased. The contractor then
receives an exemption certificate from the city for those materials. (This procedure may not
be used, however, for materials, which do not become a part of the finished product. For
example, equipment rentals, form materials, etc. are not considered as becoming
"incorporated" into the project).
Utilization of this "separated contract" approach eliminates the need for bidders to figure in
sales tax for materials, which are to be incorporated into the project. The successful
bidder's bid form will be used to develop the "separated contract" and will determine the
extent of the tax exemption. Upon execution of the construction contract, the
CONTRACTOR shall furnish a breakdown (per item) of:
1) materials incorporated into the project; and
2) labor, equipment, supervision and materials not incorporated into the project.”
ITEM 107.19 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY
SC-107.19.2.1
Add the following new Item 107.19.2.1 immediately after Item 107.19.2:
“107.19.2.1 Should CONTRACTOR cause damage to the work or property of any
separate contractor at the site, or should any claim arise out of
CONTRACTOR's, OWNER’s, ENGINEER’s, Consulting Engineer’s or any
other person’s actions, CONTRACTOR shall promptly attempt to settle with
such other contractor by agreement, or to otherwise resolve the dispute by
arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by
Laws and Regulations, indemnify and hold OWNER, ENGINEER and
Consulting Engineer harmless from and against all claims, damages, losses
3-6 Standard Specifications
Supplementary Conditions
and expenses (including, but not limited to, fees of engineers, architects,
attorneys and other professionals and court and arbitration costs) arising
directly, indirectly or consequentially out of any action, legal or equitable,
brought by any separate contractor against OWNER, ENGINEER or
Consulting Engineer to the extent based on a claim arising out of
CONTRACTOR'S performance of the Work. Should a separate contractor
cause damage to the work or property of CONTRACTOR or should the
performance of work by any separate contractor at the site give rise to any
other claim, CONTRACTOR shall not institute any action, legal or equitable,
against OWNER, ENGINEER or Consulting Engineer or permit any action
against any of them to be maintained and continued in its name or for its
benefit in any court or before any arbiter which seeks to impose liability on
or to recover damages from OWNER, ENGINEER or Consulting Engineer
on account of any such damage or claim. If CONTRACTOR is delayed at
any time in performing or furnishing Work by any act or neglect of a
separate contractor and OWNER and CONTRACTOR are unable to agree
as to the extent of any adjustment in Contract Time attributable thereto,
CONTRACTOR may make a claim for an extension of time in accordance
with Item 108.8. An extension of the Contract Time shall be
CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER
and Consulting Engineer for any delay, disruption, interference or hindrance
caused by any separate contractor.”
ITEM 107.23 – EXISTING STRUCTURES, FACILITIES AND APPURTENANCES
SC-107.23.2.1
Add the following new Item 107.23.2.1 immediately after Item 107.23.2:
“107.23.2.1 Existing Utilities and Sewer Lines: The CONTRACTOR shall be
responsible for the protection of all existing utilities or service lines crossed
or exposed by the construction operations. Where existing utilities or
service lines are cut, broken or damaged, the CONTRACTOR shall replace
the utilities or service lines with the same type of original construction, or
better, at his own cost and expense. This includes any and all irrigation
systems, whether or not they are identified on the plans.
If it is necessary to change or move the property of any owner or of a public
utility, such property shall not be moved or interfered with until authorized by
the ENGINEER. The right is reserved to the owner of any public utility to
enter upon the limits of the project for the purpose of making such changes
or repairs of their property that may be made necessary by the performance
of this contract.”
3-7 Standard Specifications
Supplementary Conditions
ITEM 108.1 – PROGRESS SCHEDULE
SC-108.1
Amend the first sentence of Item 108.1 by adding the following at the beginning of the
sentence: "If requested by OWNER or ENGINEER".
ITEM 108.3 - OTHER CONTRACTORS; OBLIGATION TO COOPERATE
SC-108.3
Delete the last sentence of the second paragraph of Item 108.3 and substitute the following
in lieu thereof:
"In such event, CONTRACTOR shall be entitled to an extension of working time only for
unavoidable delays verified by the ENGINEER, as provided in Item 108.8; however, no
increase in the contract price shall be due the CONTRACTOR."
Insert the following sentence at the end of the second paragraph of Item 108.3:
"The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule
events to minimize delay caused to the CONTRACTOR. No additional time shall be given
to the CONTRACTOR of such related work except as provided in Item 108.8."
ITEM 108.8 - DELAYS; EXTENSION OF TIME; LIQUIDATED DAMAGES
SC-108.8
Add the following at the end of the last paragraph in Item 108.8: "No extension of the
contract time shall be allowed unless the CONTRACTOR can demonstrate the delay
caused an adverse impact to the critical path and that loss of time can not be made up by
revising the sequence of the work of the project."
3-8 Standard Specifications
Supplementary Conditions
SECTION 4
SPECIFIC PROJECT
REQUIREMENTS
4-1
Specific Project Requirements
SPECIFIC PROJECT REQUIREMENTS
The construction specifications, which apply to this project are the Standard
Specifications for Public Works Construction - North Central Texas Council of
Governments Fourth Edition. The following Specific Project Requirements contain
general and specific project requirements applicable to this project in the City of Coppell.
These individual specifications control for this project. Additional amendments to the
NCTCOG Standard Specifications are contained in Section 3 - Supplementary Conditions
to the Standard Specifications for Construction. In the event that an item is not covered
in the Project Drawings (Construction Plans) and these Specifications, then the Standard
Specifications for the City of Coppell, Texas shall apply.
In addition, reference to the following shall be considered as referring to the specifications
or Method of Test as set forth by these organizations and shall be considered as part of
the Specifications when referenced.
A.S.A. American Standards Association
A.S.T.M. American Society of Testing Materials
A.A.S.H.T.O. American Association of State Highway
& Transportation Officials
A.C.I. American Concrete Institute
A.W.S. American Welding Society
A.W.W.A. American Water Works Association
S.S.P.C. Steel Structures Painting Council, Federal
Specifications Treasury Department
U.L. Underwriters Laboratories
N.E.M.A. National Electrical Manufacturers Association
W.P.C.F. Water Pollution Control Federation
TX.DOT Texas Department of Transportation
C.D.G.S. City of Dallas General Specifications
S.S.P.W.C.N.C.T. Standard Specifications for Public Works
Construction North Central Texas
T.M.U.T.C.D. Texas Manual on Uniform Traffic Control Devices
4-2 Specific Project Requirements
1.1 OWNER: The "OWNER" or “City” as referred to in these Specifications is the City
of Coppell, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019.
1.2 ENGINEER: The "Engineer" as referred to in these Specifications is the City
Engineer, City of Coppell, Engineer of the Owner, or such other representatives as
may be authorized by said Owner to act in any particular position.
1.3 CONSULTING ENGINEER: Wherever the word “Consulting Engineer” or "Design
Engineer" is used in the Specifications and Contract Documents, it shall be
understood as referring to the Design Engineer or his authorized representative,
Teague Nall and Perkins, Inc., 1100 Macon Street, Fort Worth, Texas 76102.
1.4 STANDARD CONSTRUCTION SPECIFICATIONS FOR THE CITY OF
COPPELL: All improvements described in this Proposal and Construction
Drawings shall be performed in accordance with the Project Drawings and
Specifications. In the event that an item is not covered in the Project Drawings
and Specifications, then the City of Coppell Standard Construction Details
(Ord.#2006-1129), and Appendix ‘C’ Design Criteria and Standards in the City of
Coppell Subdivision Ordinance (Ord.#94-643) shall apply.
Perform work in accordance with the details shown on the plans and the
requirements of this Item:
• Use established industry and utility safety practices when installing poles or
luminaires located near overhead or underground utilities. Consult with the
appropriate utility company before beginning work.
• Prevent scarring or marring of the poles, mast arms, and fixtures. Replace
damaged components. Repair damaged painted areas of the illumination
assembly in accordance with a method approved by the manufacturer.
• Stake, install, and align each roadway illumination assembly as shown on
the plans. The Department may shift an assembly’s location, if necessary,
to secure a more desirable location or to avoid conflict with utilities.
• Install roadway illumination assembly components in accordance with the
details, dimensions, and requirements shown on the plans
1.5 SITE: The CONTRACTOR shall limit his work to the area shown on the Project
Drawings as within the street right-of-way. Entrance onto private property shall be
at the expressed approval of the ENGINEER, only.
1.6 PROJECT DESCRIPTION:
This work shall consist of installing City furnished illumination poles with fixtures on
existing foundations and furnishing and installing wiring to connect and energize
fixtures using existing conduit and electrical service points.
4-3 Specific Project Requirements
The overall scope of work shall include all the components necessary to complete
the construction of continuous roadway lighting systems on the following arterial
segments:
• Freeport Parkway South - between Sandy Lake Road and Ruby
Road
• West Sandy Lake Road - between Coppell Road North and Denton
Tap Road.
These segments are being reconstructed or have been recently reconstructed as
four lane divided facilities with illumination foundations and conduit to
accommodate the LED illumination poles and wiring. On Freeport Parkway the
electrical service for the illumination was installed with the service for the irrigation,
shown as E1 and E3 on the Illumination plans. On West Sandy Lake Road the
electrical service for the Illumination was installed with the service for the traffic
signals at North Coppell Road (E4), South Coppell Road (E5), and Whispering
Hills (E6).
Lighting for the roadway bridges in these segments was installed as part of the
roadway reconstruction projects and is not a part of this contract.
1.7 EXPLANATION OF CONTRACT TIME:
The Original Contract Time will not be adjusted for any reason, cause or
circumstance whatsoever, regardless of fault, save and except in the instance of a
catastrophic event (i.e., war, invasion, riot, declared state of emergency, national
strike, or other situations as declared by the OWNER). The parties anticipate that
delays may be caused by or arise from any number of events during the course of
the Contract, including, but not limited to, work performed, disruptions, permitting
issues, actions of suppliers, subcontractors or other contractors, actions by third
parties, weather, weekends, holidays, or other such events, forces or factors
sometimes experienced in roadway construction work. Such delays or events and
their potential impacts on performance by the CONTRACTOR are specifically
contemplated and acknowledged by the parties in entering into this Contract.
Further, any and all costs or impacts whatsoever incurred by the CONTRACTOR
in accelerating the CONTRACTOR’s work to overcome or absorb such delays or
events in an effort to complete the Contract prior to expiration of the Original
Contract Time, regardless of whether the CONTRACTOR successfully does so or
not, shall be the sole responsibility of the CONTRACTOR in every instance. In the
event the project is altered by work deleted, change orders, supplemental
agreements, utility conflicts, design changes or defects, extra work, right of way
issues, or other situations which are not the fault of or a direct result of
CONTRACTOR negligence which may impact the critical path of the project
construction schedule, the OWNER may choose to negotiate the extension or
reduction of the Original Contract Time with the CONTRACTOR.
4-4 Specific Project Requirements
In the event of a catastrophic event (i.e., war, invasion, riot, declared state of
emergency, national strike, or other situations as declared by the OWNER) directly
and substantially affecting the CONTRACTOR’s operations on the Contract, the
CONTRACTOR and the OWNER shall agree as to the number of calendar days to
extend the Original Contract Time. In the event the CONTRACTOR and OWNER
are unable to agree to the number of calendar days to extend the Original Contract
Time, the OWNER shall unilaterally determine the number of calendar days to
extend the Original contract Time reasonably and necessary and due solely to
such catastrophic event and the CONTRACTOR shall have no right whatsoever to
contest such determination, save and except that the CONTRACTOR establishes
that the number of calendar days determined by the OWNER were arbitrary or
without any reasonable basis.
1.8 SAFETY PRECAUTIONS: The CONTRACTOR shall comply with all applicable
laws including the Occupational Safety and Health Act of 1970, ordinances, rules,
regulations and order of any public authority have jurisdiction for the safety of
persons or property to protect them from damage, injury or loss. He shall erect
and maintain, as required by existing conditions and progress of the work, all
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 utilities.
1.9 SOIL INVESTIGATION: A geotechnical investigation report from previous
project(s) is available and will be made available to the CONTRACTOR upon
request. The CONTRACTOR shall also visit the site and acquaint himself with the
site conditions.
1.10 SURVEY AND FINISHED GRADES: Horizontal and vertical control from
previous project(s) is available by the OWNER. The CONTRACTOR shall be
responsible for layout and staking of all grades and lines for construction utilizing
qualified survey personnel. The CONTRACTOR shall preserve all stakes or
markings until authorized by the ENGINEER to remove same. The
CONTRACTOR shall bear the cost of the re-establishing any control or
construction stakes destroyed by either him or a third party and shall assume the
entire expense of rectifying work improperly constructed due to failure to maintain
established points and marks.
No separate payment shall be made to the CONTRACTOR for construction
staking which shall be considered incidental to the project and payments made
under specific Pay Items shall be considered as full compensation for these
requirements.
1.11 CONFORMITY WITH DRAWINGS: All work shall conform to the lines, grades,
cross-sections, and dimensions shown on the Drawings. Any deviation from the
Drawings which may be required by the exigencies of construction will be
determined by the ENGINEER and authorized by him in writing.
4-5 Specific Project Requirements
1.12 TESTING LABORATORY SERVICE: The OWNER shall make arrangements
with an independent laboratory acceptable for testing as required by the
construction plans and standard specifications. The CONTRACTOR shall bear all
related costs of retests, or re-inspections. The CONTRACTOR shall notify the
ENGINEER in a timely manner of when and where tests or inspections are to be
made so that they may be present. One copy shall be provided to the
CONTRACTOR of all reports and laboratory test results. Testing by the OWNER
does not alleviate the CONTRACTOR’s responsibility for his own quality
assurance/quality control testing. CONTRACTOR shall replace any deficient
construction items.
1.13 SUSPENSION OF WORK: If the work should be stopped or suspended under
any order of the court, or other public authority, the OWNER may at any time
during suspension upon seven days written notice to the CONTRACTOR,
terminate the Contract. In such an event, the OWNER shall be liable only for
payment for all work completed plus a reasonable cost for any expenses resulting
from the termination of the Contract, but such expenses shall not exceed $5,000.
1.14 PRESERVATION OF TREES: Permission of the ENGINEER must be obtained
for removal of trees that obstruct the installation of the improvements as outlined
for this project in these Contract Documents. The penalty for the removal or
destruction of a tree without obtaining written permission from the ENGINEER
shall be $500.00 per caliper inch payable to the OWNER. If damage is occurring
or is likely to continue, tree guards shall be erected when so directed by the
ENGINEER at the CONTRACTOR's expense.
1.15 COOPERATION OF CONTRACTOR: The CONTRACTOR shall have on the
project at all times, as his agent, a competent Superintendent capable of reading
the plans and specifications and thoroughly experienced in the type of work being
performed. The Superintendent shall have full authority to execute orders or
directions and to promptly supply such materials, equipment, tools, labor and
incidentals as may be required. Such superintendence shall be furnished
irrespective of the amount of work contracted.
The Superintendent and the CONTRACTOR shall be responsible for supervision
of all work performed by the subcontractor at all times during construction.
1.16 WARNING DEVICES: The CONTRACTOR shall have the responsibility to
provide and maintain all warning devices and take all precautionary measures
required by law to protect persons and property while said persons or property are
approaching, leaving or within the work site or any area adjacent to said work site.
Compensation will be paid to the CONTRACTOR for the installation or
maintenance of any warning devices, barricades, lights, signs or any other
precautionary measures required by law for the protection of persons or property
under pay item to “Furnish, Install, Maintain, and Remove Traffic Control Devices”.
4-6 Specific Project Requirements
The CONTRACTOR shall assume all duties owned by the City of Coppell to the
general public in connection with the general public's immediate approach to and
travel through the work site and area adjacent to said work site.
Where the work is carried on, in, or adjacent to, any street, alley, sidewalk, public
right-of-way or public place, the CONTRACTOR shall at his own cost and expense
provide such flagmen and watchmen and furnish, erect and maintain such warning
devices, barricades, lights, signs and other precautionary measures for the
protection of persons or property as are required by law. The CONTRACTOR
shall submit a traffic control plan to be reviewed by the City prior to the beginning
of work. In preparing the traffic control plan, the CONTRACTOR shall take into
account that the project will be constructed in multiple phases. The
CONTRACTOR shall be responsible for placing notices on private residences prior
to the beginning of each phase that shows revised traffic patterns. No lane shall be
barricaded before 9:00 a.m. or after 4:00 p.m. The CONTRACTOR's responsibility
for providing and maintaining flagmen, watchmen, warning devices, barricades,
signs, and lights, and other precautionary measures shall not cease until the
project shall have been fully and finally accepted by the OWNER.
If the ENGINEER discovers that the CONTRACTOR has failed to comply with the
applicable federal and state law (by failing to furnish the necessary flagmen,
warning devices, barricades, lights, signs or other precautionary measures for the
protection of persons or property), the ENGINEER may order such additional
precautionary measures as required by law to be taken to protect persons and
property, and to be reimbursed by the CONTRACTOR for any expense incurred in
ordering such additional precautionary measures.
In addition, the CONTRACTOR will be held responsible for all damages to the
work and other public or private property due to the failure of warning devices,
barricades, signs, lights, or other precautionary measures in protecting said
property, and whenever evidence is found of such damage, the ENGINEER may
order the damaged portion immediately removed and replaced by and at the cost
and expense of the CONTRACTOR. If the damages are not corrected in a timely
fashion, then the City shall have the right to repair the damage and charge the cost
back to the CONTRACTOR. All of this work is considered incidental to pay item
entitled, “Furnish, Install and Maintain Traffic Control Devices”.
1.17 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY:
In regards to existing utilities, structures and other property within, crossing or
adjacent to the site, the CONTRACTOR understands and accepts the following
conditions:
a. Prior to any excavation, the CONTRACTOR shall determine the locations of
all existing water, gas sewer, electric, telephone, telegraph, television, and
4-7 Specific Project Requirements
other underground utilities and structures. This includes the water and
sanitary sewer services.
b. After commencing the work, the CONTRACTOR will use every precaution
to avoid interferences with existing underground and surface utilities and
structures, and protect them from damage.
c. Where the locations of existing underground and surface utilities and
structures are indicated, these locations are generally approximate, and all
items that may be encountered during the work are not necessarily
indicated. The CONTRACTOR shall determine the exact locations of all
items indicated, and the existence and locations of all items not indicated.
d. The CONTRACTOR shall repair or pay for all damage caused by his
operations to all existing utilities, public property, and private property,
whether it is below ground or above ground, and he shall bear sole
responsibility to settle the total cost of all damage suits which may arise as
a result of this operations.
e. To avoid unnecessary interferences or delays, the CONTRACTOR shall
coordinate all utility removals, replacements and construction directly with
the appropriate utility company.
1.18 DRAINAGE: The CONTRACTOR shall maintain adequate drainage along the
project and provide for positive drainage from adjoining properties, at all times.
1.19 PROJECT MAINTENANCE: The CONTRACTOR shall maintain, and keep in
good repair, the improvements covered by these plans and specifications during
the life of the contract.
1.20 CLEANUP:
During Construction. The CONTRACTOR shall at all times keep the job site as
free from all material, debris and rubbish as is practicable and shall remove same
from any portion of the job site when it becomes objectionable or interferes with
the progress of the project, and/or when requested to do so by the OWNER.
Final. Upon completion of the work, the CONTRACTOR shall remove from the
site all plant, materials, tools and equipment belonging to him and leave the site
with an appearance acceptable to the ENGINEER and the OWNER. The
CONTRACTOR shall thoroughly clean all equipment and materials installed by
him and shall deliver over such materials and equipment in a bright, clean,
polished and new-appearing condition.
1.21 INSPECTION: The word "Inspection" or other forms of the word, as used in the
contract documents for this project shall be understood as meaning an OWNER's
agent will observe the construction on behalf of the OWNER. The agent will
4-8 Specific Project Requirements
observe and check the construction in sufficient detail to satisfy himself that the
work is proceeding in general accordance with the contract documents, but he will
not be a guarantor of the CONTRACTOR's performance.
1.22 DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps,
slashings, brush or other debris removed from the site as a preliminary to the
construction of the various improvements shall be removed from the property by
the CONTRACTOR. Any required burning and/or disposal permits shall be the
sole responsibility of the CONTRACTOR.
All excavated materials in excess of that required for backfilling shall be removed
from the job site and disposed of in a satisfactory manner by the CONTRACTOR.
1.23 WATER FOR CONSTRUCTION: The CONTRACTOR shall make the necessary
arrangement for securing and transporting all water required in the construction of
this project, including water required for mixing of concrete, sprinkling, testing,
flushing, flooding, or jetting. The CONTRACTOR shall provide water as required
at his own expense.
1.24 GUARANTEE: All work shall be guaranteed against defects resulting from the use
of inferior materials, equipment or workmanship for a period of two (2) years from
the date of final completion and acceptance of the project.
4-9 Specific Project Requirements
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
1.1 GENERAL:
A. CONTRACTOR to submit Shop Drawings, Product Data and Samples as
required by the Contract Documents and as specified in other sections of
the specifications.
1.2 SHOP DRAWINGS:
A. As soon as practicable after contract award, submit to the ENGINEER, for
review, the required number of bound copies of shop drawings of all items
as specified in the various sections of these specifications, accompanied by
letters of transmittal.
B. Shop drawings shall include: Manufacturer's catalog sheets and/or
descriptive data for materials and equipment; showing dimensions,
performance characteristics, and capacities and other pertinent information
as required to obtain approval of the items involved.
C. No work requiring shop drawings will be executed until review and
acceptance of such drawings has been obtained.
1.3 PRODUCT DATA:
A. Preparation:
1. Clearly mark each copy to identify pertinent products or models.
2. Show performance characteristics and capacities.
3. Show dimensions and clearances required.
B. Manufacturers standard schematic drawings and diagrams:
1. Modify drawings and diagrams to delete information that is not
applicable to the work.
2. Supplement standard information to provide information specifically
applicable to the work.
1.4 SAMPLES: Provide samples as indicated in other parts of these specifications.
1.5 CONTRACTOR RESPONSIBILITIES:
A. Review Shop Drawings and Product Data prior to submission.
B. Determine and verify:
1. Field measurements.
2. Field construction criteria.
3. Catalog numbers and similar data.
4-10 Specific Project Requirements
4. Conformance with specifications.
C. Coordinate each submittal with requirements of the work and of the
Contract Documents.
D. Begin no work that requires submittals until return of submittals with
ENGINEER's review.
E. Keep one (1) approved copy of shop drawings or product data at job site at
all times.
1.6 SUBMISSION REQUIREMENTS:
A. Make submittals promptly and in such sequence as to cause no delay in the
work or in the work of any other contractor.
B. Number of submittals required:
1. For shop drawings and product data: Submit the number of copies
that the CONTRACTOR requires, plus two that will be retained by
the ENGINEER.
C. Submittals shall contain:
1. The date of submission and the dates of any previous submissions.
2. The project title.
3. The names of:
a. Contractor
b. Supplier
c. Manufacturer
4. Identification of the product.
5. Field dimensions, clearly identified as such.
6. Relation to adjacent or critical features of the work or materials.
7. Applicable standards, such as ASTM or Federal Specification
numbers.
8. Identification of deviations from Contract Documents.
9. Identification of revisions on re-submittals.
10. Contractor's stamp, initialed or signed, certifying to review of
submittal, verification of products, field measurements and field
construction criteria, and a\coordination of the information within the
submittal with requirements of the work and of Contract Documents.
11. Fabrication and erection drawings lists and schedules.
12. Basis of design and design calculations signed and sealed by a
registered professional engineer.
13. Seal and signature of a register engineer on all structural submittals.
4-11 Specific Project Requirements
D. REVIEW:
1. Shop drawing and product data information review will be general.
Such review will not relieve the CONTRACTOR of any responsibility
and work required by the Contract.
2. Satisfactory shop drawings will be so designated and all sets, except
four (4), returned to the CONTRACTOR. Rejected shop drawings
will be so designated and all sets except two (2) will be returned to
the CONTRACTOR, with indications of the required corrections and
changes.
3. Rejected shop drawings will be corrected and resubmitted to the
ENGINEER for Acceptance.
1.7 RESUBMISSION REQUIREMENTS:
A. Make any corrections or changes in the submittals required by the
ENGINEER and resubmit until accepted.
B. Shop Drawings and Product Data:
1. Revise initial drawings or data, and resubmit as specified for the
initial submittal.
2. Indicate any changes that have been made other than those
requested by the ENGINEER.
1.8 ENGINEER'S RESPONSIBILITIES:
A. Review submittals with reasonable promptness.
B. Affix stamp and initials or signature, and indicate requirements for re-
submittal, or acceptance of submittal.
C. Return submittals to CONTRACTOR for distribution, or for resubmission.
4-12 Specific Project Requirements
SECTION 5
DESCRIPTION OF PAY ITEMS
SECTION 5 - DESCRIPTION OF PAY ITEMS
This section includes comments concerning various Pay Items so that the
CONTRACTOR can fully understand the scope of work contemplated and required under
each of the Pay Items.
1. Construction No Pay Items:
All work necessary for the orderly completion of the project, but not specifically
included as a pay item in the Proposal, shall be considered subsidiary to the
Contract and no separate or additional payment will be made therefore. For
example, there shall be no separate payment for the following: (a) removal and
replacement of any existing signs; (b) removal of spoils; (c) water for construction;
(d) construction staking and/or layout; (e) surveying to re-establish grade; (f)
maintenance of streets during construction; (g) sprinkling for dust control; (h)
project trailer, if needed; and/or (i) any other incidentals necessary to complete the
work, whether directly called out within the plans or implied.
2. Construction Pay Items:
Pay items as listed in the proposal shall be measured and paid for in accordance
with the applicable measurement and payment paragraphs in the Standard
Specifications for Public Works Construction - North Central Texas Council of
Governments Fourth Edition, unless modified by these special provisions.
All work for this project shall be governed by the Standard Specifications for Public
Works Construction – North Central Texas Council of Governments Fourth Edition,
the City of Coppell Standard Construction Details (Ord. #2006-1129), and
Appendix "C" Design Criteria and Standards in the City of Coppell Subdivision
Ordinance (Ord. #94-643), together with any additional Supplementary Conditions,
Specific Project Requirements, General Notes or Description of Pay Items
included herein.
I-1 Pay Item – Furnish, Install, Maintain, and Remove Temporary Traffic Control
Devices:
This work includes furnishing, installing, and maintaining the required temporary
traffic control devices & lane closures (including temporary channelizing devices,
signage & traffic barriers as needed) during each phase of construction as shown
and/or indicated on the plans or as determined by the Engineer, in accordance
with the appropriate details and specifications, including the TMUTCD. This work
also includes the use of flagman, if necessary, to control traffic in an orderly
manner as it enters, exits and/or passes through the construction area.
Measurement and payment for the temporary traffic control devices furnished,
installed and maintained, work performed and materials furnished shall be made
on the basis of the bid price per lump sum (LS) and shall be total compensation for
furnishing and/or operating all labor, materials, tools, equipment and other
incidentals necessary to complete all phases of the work.
5-2 Description of Pay Items
Measurement and payment shall be as follows: Sixty percent (60%) of the
amount bid shall be paid following the installation and removal of the traffic
control devices for the completion of the Illumination pole installations along the
West Sandy Lake portion of the project. Forty percent (40%) of the amount bid
shall be paid following the installation and removal of the traffic control devices
for the completion of the Illumination pole installations along the Freeport
Parkway portion of the project.
I-2 Pay Item – Installation of Illumination Pole Assembly and Luminaires:
This work shall include installation of City furnished Illumination poles, luminaire
arms, transformer bases, and luminaires as indicated in the plans. Said pole
assemblies and luminaires shall be installed in accordance with City of Coppell
standards and the manufacturer’s specifications.
This work shall also include:
(a) Mobilization, defined as all necessary equipment, supplies, materials, and
personnel on the job site ready to begin construction.
Contractor is to contact/coordinate with George Marshall, City of Coppell Traffic
Engineer at 972-304-3562 at least 48 hours prior to inventory and schedule pick
up of the Illumination poles located at 816 S. Coppell Road.
(b) Restore parkways and disturbed Areas, or other improved areas that are
disturbed to an equal or better condition than prior to construction, in accordance
with the appropriate details and specifications, including NCTCOG Items 202.2,
202.3, 202.4, 202.5, 202.6 & 202.7.
(c) Performing and passing a 30 day continuous performance test of the
lighting system
These items of work will not be paid for directly but shall be considered
subsidiary to this pay item. Any item indicated in the plans to be directly called
out or implied for which there is no specific pay item shall be considered
subsidiary to this pay item.
Measurement and Payment shall be made on the basis of the bid price per each
(EA) complete pole assembly and luminaires of the type specified and shall be
the total compensation for furnishing all labor, materials, equipment, and
incidentals necessary to complete the work.
I-3 Pay Item – Type ‘A’ Ground Box with Apron:
This work shall include the furnishing and installation of ground boxes in
accordance with TxDOT standards and specification Item 624 "Ground Boxes”,
and appropriate TxDOT standard details.
Measurement and Payment shall be made on the basis of the bid price per each
(EA) and shall be the total compensation for furnishing all labor, materials,
equipment and incidentals necessary to complete the work.
5-3 Description of Pay Items
I-4 Pay Item – 2” PVC Schedule 40 Conduit (Trench or Bore):
This work shall include the furnishing and installation of 2” Schedule 40 PVC
conduit (Trench or Bore) in accordance with TxDOT standards and specification
Item 618 "Conduit”, and appropriate TxDOT standard details.
Measurement and Payment shall be made on the basis of the bid price per linear
foot (LF) and shall be the total compensation for furnishing and installing conduit;
by jacking, boring, tunneling, excavating, or mounting on structure; furnishing
and placing backfill; furnishing and installing mounting brackets; furnishing all
labor, materials, equipment and incidentals necessary to complete the work.
I-5 Pay Item – 1 Conductor #8 Gauge Bare Wire:
This work shall include the furnishing and installation of 1C #8 gauge bare wire in
multiple locations of the project in accordance with TxDOT standards and
specification Item 620 "Electrical Conductors”, and appropriate TxDOT standard
details.
Measurement and Payment shall be made on the basis of the bid price per linear
foot (LF) and shall be the total compensation for furnishing all labor, materials,
equipment and incidentals necessary to complete the work.
I-6 Pay Item – 1 Conductor #8 XHHW Wire – Red:
This work shall include the furnishing and installation of 1C #8 Gauge XHHW
Red wire in multiple locations of the project in accordance with TxDOT standards
and specification Item 620 "Electrical Conductors”, and appropriate TxDOT
standard details.
Measurement and Payment shall be made on the basis of the bid price per linear
foot (LF) and shall be the total compensation for furnishing all labor, materials,
equipment and incidentals necessary to complete the work.
I-7 Pay Item – 1 Conductor #8 XHHW Wire – Black:
This work shall include the furnishing and installation of 1C #8 Gauge XHHW
Black wire in multiple locations of the project in accordance with TxDOT
standards and specification Item 620 "Electrical Conductors”, and appropriate
TxDOT standard details.
Measurement and Payment shall be made on the basis of the bid price per linear
foot (LF) and shall be the total compensation for furnishing all labor, materials,
equipment and incidentals necessary to complete the work.
5-4 Description of Pay Items