ST9802-CN 990323 CONSTRUCTION SPECIFICATIONS
' AND
CONTRACT DOCUMENTS
FOR
.. Drainage, Water, Sewer, and Paving for Dividend Drive
_ Project No. ST9802
FOR
The City of Coppell.:,"-"-"~h ""
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Prepared by:
8616 Northwest Plaza D~ve ~ '
Dallas, Texas 75225
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A VO ~ 17419 ~,~~ J )
December
1998
- TABLE OF CONTENTS
Page #
Section 1 - Bidding and Contract Documents 1
-- Notice to Bidders 1
Instructions to Bidders 3
Proposal/Bid Schedule 14
' Prevailing Wage Rates 31
Standard Form of Agreement (Contract) 35
Certificate of Insurance 41
' Instructions for Bonds 42
Performance Bond 43
Payment Bond 45
Maintenance Bond 47
Section 2 - City of Coppell's
-Supplementary Conditions
_ to the NCTCOG General Provisions 49
-Special Provisions
to the NCTCOG Standard Specifications 58
For this project, the Standard Specifications for Public Works
Construction North Central Texas, as prepared by the North Central Texas
-- Council of Governments and the City of Coppell Standard Construction
Details shall govern all work to be done, together with any additional
Special Specifications or Specific Project Requirements included herein.
Section 3 - Specific Project Requirements 61
' Section 4 - Description of Pay Items 72
SECTION 1
- BIDDING AND CONTRACT
DOCUMENTS
SECTION 1
BIDDING AND CONTRACT
DOCUMENTS
BIDDING AND CONTRACT DOCUMENTS
NOTICE TO BIDDERS '
The City of Coppell is accepting bids for the Drainage, Water, Sewer, and Paving
improvements for Dividend Drive Project No. ST9802. Sealed bids addressed to the
_ Purchasing Agent, City of Coppell, Texas, for the Drainage, Water, Sewer, and Paving
improvements for Dividend Drive Project No. ST9802 will be received in the Purchasing
Office at the City of Coppell Town Center, 255 Parkway Boulevard, until 10:00 a.m.,
_ Tuesday, April 13, 1999, 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-0399-01
designated clearly on the exterior of the bid envelope.
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. The Owner reserves the right to accept the alternate bid of a
Contractor that did not submit the lowest base bid. 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.
Instructions to Bidders, Proposal Forms, Specifications, Plans, and Contract Documents
may be obtained at the office of Halff Associates, Inc., 8616 Northwest Plaza Drive,
Dallas, Texas 75225, for a non-refundable fee of $50.00.
The successful Bidder must fumish Performance and Payment Bonds each in the amount
of 100% of the contract price from an approved Security Company holding a permit from
the State of Texas, to act as Surety and acceptable according to the latest list of companies
_ holding certificates of approval from the State Board of Insurance under 7.19-1 of the
Texas Insurance Cede. The successful bidder must also be able to show evidence that it is
authorized to do business in the State of Texas prior to executing the contract.
Complete sets of bidding documents must be used in prepaxing Bids; neither the City of
Coppell or the preparer, Halff Associates, Inc., assume any responsibility for errors or
- misinterpretations resulting from the use of incomplete sets of Bidding Documents.
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-- Bidding and Contract Documents
NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO
OR MADE A PART OF THE PROJECT. The bidder shall not include or provide for
_ sales tax on tangible personal property to be incorporated into the project. (Note: This
procedure may 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.
_ Bidding and Contract Documents
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 latest
addition, as prepared by the NCTCOG and the Supplementary Conditions of
_ Agreement have the meanings assigned to them in these General Conditions. The
term "Bidder" means one who 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 to whom the Owner (on the basis of the
Owner's evaluation and recommendation by the Engineer as hereinafter provided)
makes an award. The term "Bidding Documents" includes the Notice to Bidders,
-- Instructions to Bidders, the Bid Form, and the proposed Contract Documents
(including all Addenda issued prior to receipt of bids). Specific defined terms are:
-- Owner: Wherever the word "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" 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 478, Coppell, Texas 75019.
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.
_ Non-compensated Contract Administrator: Catellus Development Corporation,
4545 Fuller Drive, Suite 100, Irving, Texas 75038.
_ 2. Scope of Work.
This work shall consist of the Drainage, Water, Sewer, and Paving improvements
-- for Dividend Drive. Work shall include all components necessary for the
construction of the Drainage, Water, Sewer, and Paving as shown in the plans for
Project ST9802, including but not limited to: Drainage system, water line, water
-- appurtenances, sanitary sewer, manholes, paving, etc.
_ Bidding and Contract Documents
3. Copies of Bidding Documents.
_ 3.1 Complete sets of the Bidding Documents may be obtained from the Engineer at
the offices of Halff Associates, Inc., 8616 Northwest Plaza Drive, Dallas, Texas
75225 for $50.00 per set, non-refundable. 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 fumished for $50.00 per set, non-refundable.
C) Bidding documents may be examined free of charge at the offices of the
City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas.
3.2 Complete sets of Bidding Documents must be used in preparing Bids; neither the
City of Coppell or the preparer, Halff Associates, Inc., assume any 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
expeditious, safe and satisfactory manner. The required information to be
submitted shall consist of, but shall not necessarily be limited to, the following:
A. Current Project Experience.
A list of all projects presently under construction by the bidder including
approximate cost and completion date shall be submitted upon request.
Bidding and Contract Documents
B. Past Project Experience.
_ The Bidder shall submit a list of comparable projects completed within the
previous five years including approximate cost(s), quantities, and
completion date(s).
C. Equipment.
-- The Bidder shall provide 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.
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.
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.
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
5
Bidding and Contract Documents
Council. The 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 Access to the site shall be from Freeport Parkway. It shall be the contractors
responsibility to provide necessary and adequate traffic control. The City will not
allow any lane to be blocked before 9:00 a.m. or after 4:00 p.m. Prospective
-- Bidders shall respect all improvements. It is the responsibility of each Bidder
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 fumishing 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. 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.
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Bidding and Contract Documents
6.4 On request in advance, 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 upon completion of such explorations.
' 6.5 The lands upon which the Work is to be performed, fights-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 or Engineer.
8. Contract Time.
8.1 The time for completion in calendar days shall be 120 calendar days as shown on
_ the Bid Form in the space provided. All work shall be complete within the 120
calendar day count. The calendar day count shall commence ten (10) calendar
days after the date of the Notice to Proceed.
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 1.36 of the General Provisions.
7
- Bidding and Contract Documents
9. Liquidated Damages.
Provisions for liquidated damages are set forth in the Contract. Liquidated
damages for this project are: Two hundred forty dollars ($240.00) per day.
' 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
I_ 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 or Engineer, after due investigation, has
reasonable objection to any proposed Subcontractor, Supplier, other person or
organization, 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 who Contractor has reasonable objection.
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-- Bidding and Contract Documents
12. Bid Proposal.
-- 12.1 Two (2) completed Bid Proposals must be submitted in a sealed envelope as
described in Item 15. 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 "
_ . 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.
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.
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. 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.
_ Bidding and Contract Documents
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 478, Coppell, Texas 75019 until 10:00 a.m. on Tuesday, April 13, 1999,
-- 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-0399-01 and the name and address of the Bidder shall be
' submitted. If the Bid is sent through the mall or other delivery system the sealed
envelope shall be enclosed in a separate envelope with the notation "BID
ENCLOSED Drainage, Water, Sewer, and Pavement improvements for Dividend
Drive Project No. ST9802" on the face of it and addressed to the Purchasing
Agent, City of Coppell, Texas.
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 promp~y 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.
18. Bids to Remain Subject to Acceptance.
All Bids will remain subject to acceptance for one hundred twenty (120) days after
the day of the Bid opening, but the Owner may, in its sole discretion, release any
-- Bid prior to that date.
Bidding and Conlxact Documents
19. Award of Contract.
' 19.1 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 non-conforming, 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.
19.2 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, completion time, and other data, as may be requested in the
Bid form or prior to the Notice of Award.
19.3 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.
19.4 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.
- 19.5 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.
19.6 If the contract is to be awarded, the Owner will give the Successful Bidder a
Notice of Award within one hundred twenty (120) days after the date of the Bid
' opening.
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-- Bidding and Contract Documents
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, the required bonds, 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
Contractor shall commence work within ten (10) calendar days after the date of
-- Notice to Proceed.
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 1) materials incorporated into the project; and 2) labor,
equipment, supervision and materials not incorporated into the project.
_ Bidding and Contract Documents
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 conceming 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.
_ Bidding and Contract Documents
-- BID FORM
PROJECT IDENTIFICATION: Drainage, Water, Sewer, and, Paving Improvements
for Dividend Drive near the intersection of Freeport Parkway and 1-635, Gateway
_ Business Park No. II, in the City of 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. Box 478
' Coppell, Texas 75019
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 one hundred twenty (120) 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:
14
_ Bidding and Contract 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 and drawings 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 fumishing 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.
15
Bidding and Contract 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 in the Contract Documents.
' 4. It is understood and agreed that all work under this contract will be completed
within 120 calendar days. Completion date will be established in the Notice to
Proceed.
5. BIDDER will complete the Work for the following price(s):
_ Bidding and Contract Documents
-- DRAINAGE, WATER, SEWER, AND PAVING
FOR DIVIDEND DRIVE
Project No. ST9802
-- UNIT PRICE BID SCHEDULE
' SECTION I
Item Qt;antity Unit Description and Price in Words Unit Total
No. Price Price
I-1 502 LF 54" RCP including embedment
_ Complete in Place
Dollars
and Cents
_ per LF.
I-2 205 LF 48" RCP including embedment
Complete in Place
-- Dollars
and Cents
per LF.
-- I-3 134 LF 36" RCP including 1-36" plug and
embedment
Complete in Place
' Dollars
and Cents
per LF.
I4 242 LF 30" RCP including 4-30" plugs and
embedment
_ Complete in Place
Dollars
and Cents
_ per LF.
I-5 62 LF 24" RCP including 1-24" plug and
embedment
- Complete in Place
Dollars
and Cents
-- per LF.
_ Bidding and Contract Documents
-- DRAINAGE, WATER, SEWER, AND PAVING
FOR DIVIDEND DRIVE
Project No. ST9802
-- UNIT PRICE BID SCHEDULE
' SECTION I
Item ' Qt;antity Unit Description and Price in Words Unit Total
No. Price Price
I-6 37 LF 21" RCP including 1-21" Plug and
embedment
Complete in Place
Dollars
__ and Cents
per LF.
I-7 6 LF 18" RCP including embedment
-- Complete in Place
Dollars
and Cents
-- per LF.
1-8 3615 CY Excavation
Complete in Place
' Dollars
and Cents
per CY.
I-9 3130 CY Backfill and compaction
Complete in Place
Dollars
and Cents
per CY.
_ 1-10 1187 LF Trench Safety
Complete in Place
Dollars
-- and Cents
per LF.
_ Bidding and Contract Documents
DRAINAGE, WATER, SEWER, AND PAVING
FOR DIVIDEND DRIVE
-- Project No. ST9802
UNIT PRICE BID SCHEDULE
-- SECTION I
~rovements
Item Qt~antity Unit Description and Price in Words Unit Total
' No. Price Price
I-11 2 EA 5' Curb inlet
Complete in Place
Dollars
and Cents
_ per EA.
1-12 1 EA 3'x3' "Y" inlet
Complete in Place
- Dollars
and Cents
per EA.
-- 1-13 1 LS Traffic control and signage during
construction for entire project.
Complete in Place
' Dollars
and Cents
per LS.
' 1-14 1 LS Remove existing "Y" inlet including
18" plug
Complete in Place
Dollars
and Cents
_ per LS.
1-15 2 EA Type B Storm Sewer Manhole
Complete in Place
_ Dollars
and Cents
per EA.
-- I- 16 2 EA 10' Curb inlet
Complete in Place
Dollars
-- and Cents
per EA.
' Total Bid items Section I-1 through 1-16 $
_ Tangible Personal Property Cost $
19
__ Bidding and Contract Documents
DRAINAGE, WATER, SEWER, AND PAVING
FOR DIVIDEND DRIVE
Project No. ST9802
UNIT PRICE BID SCHEDULE
SECTION II
Water Im ~rovements
Item ~uantity Unit Description and Price in Words Unit Total
-- No. Price Price
II-1 1255 LF 16" PVC waterpipe, AWWA C905,
class 150, DR 18 including
-- embedment and 1 - 16" plug.
Complete in Place
Dollars
' and Cents
per LF.
II-2 322 LF 8" PVC waterpipe, class 200, DR14
including embedment and 4-8"
plugs.
_ Complete in Place
Dollars
and Cents
_ per LF.
1I-3 79 LF 6" PVC waterpipe, class 200, DR14
including embedment.
-- Complete in Place
Dollars
and Cents
-- per LF.
II-4 4 EA 16" Gate Valve
Complete in Place
' Dollars
and Cents
per EA.
' 1I-5 4 EA 8" Gate Valve
Complete in Place
Dollars
and Cents
per EA.
2O
-- Bidding and Contract Documents
DRAINAGE, WATER, SEWER, AND PAVING
FOR DIVIDEND DRIVE
Project No. ST9802
UNIT PRICE BID SCHEDULE
_ SECTION II
Water lm }rovements
Item ~uantity Unit Description and Price in Words Unit Total
-- No. Price Price
11-6 4 EA 6" Gate Valve
Complete in Place
' Dollars
and Cents
per EA.
' II-7 4 EA 16" 45° Bend
Complete in Place
Dollars
and Cents
per EA.
H-8 1 EA 12"x16" Reducer
Complete in Place
Dollars
_ and Cents
per EA.
II-9 1 EA 8"x4" Cross including 2-4" Plugs.
-- Complete in Place
Dollars
and Cents
-- per EA.
II- 10 4 EA Fire Hydrant
Complete in Place
' Dollars
and Cents
per EA.
21
Bidding and Contract Documents
DRAINAGE, WATER, SEWER, AND PAVING
-- FOR DIVIDEND DRIVE
Project No. ST9802
UNIT PRICE BID SCHEDULE
SECTION II
' Water
Item i~uantity Unit Description and Price in Words Unit Total
No. Price Price
II-11 1 EA 8" 111/4°Bend
Complete in Place
_ Dollars
and Cents
per EA.
-- 11-12 1 EA 6" 1 12,4° Bend
Complete in Place
Dollars
-- and Cents
per EA.
II-13 65 LF 3000 PSI Concrete Encasement
' Complete in Place
Dollars
and Cents
' per LF.
H- 14 3100 CY Excavation
Complete in Place
Dollars
and Cents
_ per CY.
II- 15 3030 CY B ackfill and compaction
Complete in Place
-- Dollars
and Cents
per CY.
Bidding and Contract Documents
DRAINAGE, WATER, SEWER, AND PAVING
' FOR DIVIDEND DRIVE
Project No. ST9802
UNIT PRICE BID SCHEDULE
SECTION II
Water Im ~rovements
Item ~uantity Unit Description and Price in Words Unit Total
No. Price Price
- 11- 16 1661 LF Trench Safcty
Complete in Place
Dollars
-- and .Cents
per LF.
II-17 1 EA 12" Gate Valve
' Complete in Place
Dollars
and Cents
per EA.
H-18 1 EA 12"x12" Offset
_ Complete in Place
Dollars
and Cents
_ per EA.
H-19 5 LF 12" PVC waterpipe, Class 200,
DR14 including embedment
-- Complete in Place
Dollars
and Cents
-- per LF.
H-20 1240 LF 4" Sch. 40 PVC for irrigation
Complete in Place
' Dollars
and Cents
per LF.
' II-21 820 LF 2" Sch. 40 PVC Conduit for future
street lights, Complete in Place
Dollars
and Cents
per LF.
Total Bid items Section ILl through II-21 $
-- Tangible Personal Property Cost $
23
-- Bidding and Contract Documents
' DRAINAGE, WATER, SEWER, AND PAVING
FOR DIVIDEND DRIVE
Project No. ST9802
UNIT PRICE BID SCHEDULE
SECTION IIl
_ Item Quantity Unit Description and Price in Words Unit Total
No. Price Price
III-1 14 LF 12" PVC wastewater pipe including
-- embedment.
Complete in Place
Dollars
-- and Cents
per LF.
IH-2 437 LF 10" PVC wastewater pipe including
' embedment
Complete in Place
Dollars
and Cents
per LF.
_ llI-3 319 LF 8" PVC wastewater pipe including
embedment
Complete in Place
_ Dollars
and Cents
per LF.
-- IIl-4 72 LF 6" PVC wastewater pipe including
embedment and 2-6" plugs.
Complete in Place
- Dollars
and Cents
per LF.
' HI-5 3 EA Standard 5.0' Diameter Manhole
Complete in Place
Dollars
and Cents
per EA.
24
Bidding and Contract Documents
DRAINAGE, WATER, SEWER, AND PAVING
-- FOR DIVIDEND DRIVE
Project No. ST9802
UNIT PRICE BID SCHEDULE
SECTION III
' Wastewater
Item Quantity Unit Description and Price in Words Unit Total
No. Price Price
III-6 69 LF 3000 PSI Concrete Encasement
Complete in Place
Dollars
and Cents
per LF.
_ HI-7 2110 CY Excavation
Complete in Place
Dollars
-- and Cents
per CY.
HI-8 2100 CY Backfill and compaction
-- Complete in Place
Dollars
and Cents
' per CY.
1II-9 842 LF Trench Safety
Complete in Place
Dollars
and Cents
_ per LF.
Total Bid items Section III-1 through III-9 $
-- Tangible Personal Property Cost $
Bidding and Contract Documents
DRAINAGE, WATER, SEWER, AND PAVING
FOR DIVIDEND DRIVE
Project No. ST9802
UNIT PRICE BID SCHEDULE
SECTION IV
Pavin
Item (~uantity Unit Description and Price in Words Unit Total
_ No. Price Price
IV-1 6075 SY Type D, 3000 PSI Reinforced
concrete pavement
-- Complete in Place
Dollars
and Cents
-- per SY.
IV-2 6700 SY 6" Thick base including hydrated
lime.
' Complete in Place
Dollars
and Cents
per SY.
IV-3 3600 LF 3000 PSI Reinforced concrete curb
and gutter.
Complete in Place
Dollars
and Cents
per LF.
IV-4 10.53 STA Right-of-way preparation.
-- Complete in Place
Dollars
and Cents
-- per STA.
IV-5 4600 CY Excavation
Complete in Place
' Dollars
and Cents
per CY.
26
-- Bidding and Contract Documents
DRAINAGE, WATER, SEWER, AND PAVING
FOR DIVIDEND DRIVE
Project No. ST9802
UNIT PRICE BID SCHEDULE
_ SECTION IV
Paving II nprovements
Item 6uantity Unit Description and Price in Words Unit Total
-- No. Price Price
IV-6 235 LF Remove concrete curb and gutter
Complete in Place
' Dollars
and Cents
per LF.
IV-7 65 SY Brick pavers in median
Complete in Place
Dollars
and Cents
per SY.
Total Bid items Section IV-1 through IV-7 $
-- Tangible Personal Property Cost $
27
Bidding and Contract Documents
' BID SUMMARY
CALENDAR
TOTAL PRICE DAYS
TOTAL DRAINAGE BID
SECTION I- 1 through I- 16 $.
TOTAL WATER BID ITEMS
SECTION 1I- 1 through II-21 $
TOTAL WASTEWATER BID ITEMS
SECTION 1II-1 through HI-9 $.
TOTAL PAVING BID ITEMS
SECTION IV-1 through IV-7 $.
TOTAL PROJECT $. 120__
-- In Words:
6. BIDDER agrees that all Work awarded will be completed within 120 Calendar
Days. Contract time will commence to mn as provided in the Contract Documents.
7. Communications concerning this Bid shall be addressed to the address of
BIDDER indicated on the applicable signature page.
_ 8. 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).
9. 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 Owner reserves the fight to delete any portion of this project as it may deem
-- necessary to stay within the Owner's available funds. Should the Owner elect to delete
any portion, the contract quantities will be adjusted accordingly.
SUBMITrED ON
28
Bidding and Contract 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
fumish 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 120 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 execute 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 19
Notary Public in and for the State of
29
-- Bidding and Contract 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.)
Bidding and Contract Documents
PREVAILING WAGE RATES
The City of Coppell is the contraction agency for this construction project. The following
-- statute requires any contracting agency to specify the generally prevailing rate of wages in
contracts that are bid.
-- Vernon's Texas Civil Statues - Article 5159a:
"Construction of Public Works in State and Municipal or Political Subdivisions;
-- Prevailing Wage Rate to be Maintained."
Pursuant to the requirements of this statue, the City of Coppell, has ascertained the
following rates of wages are paid to various classifications of workers in the locality of
this project.
Not less than the following hourly rates shall be paid for the various classifications of
work required by this project. Workers in classifications where rates are not identified
shall be paid not less than the general prevailing rate of "laborer" for the various
classifications of work therein listed.
_ The hourly rate for legal holiday and overtime work shall be not less than one and one-
half ( 1 & V2) times the base hourly rate.
_ The rates specified are journeymen rates. Apprentices may be used on the project and
may be compensated at a rate determined mutually by the worker and employer,
commensurate with the experience and skill of the worker, but not at a rate not less than
-- 60% of the joumeyman's wage as shown. At no time shall a journeyman supervise more
than one (1) apprentice. All apprentices shall be under the direct supervision of a
journeyman working as a crew.
CLASSIFICATION HOURLY RATES
AIR TOOL OPERATOR $ 7.554
ASPHALT RAKER $ 8.565
' ASPHALT SHOVELER $ 8.255
BATCHING PLANT WEIGHER $ 9.371
BATTERBOARD SETTER $ 8.920
CARPENTER $ 9.447
CONCRETE FINISHER-PAVING $ 9.345
_ CONCRETE FINISHER-STRUCTURES $ 9.058
31
Bidding and Contract Documents
CLASSIFICATION HOURLY RATE
_ CONCRETE RUBBER $ 7.733
ELECTRICIAN $12.761
FLAGGER $ 5.598
-- FORM BUILDER-STRCTURES $ 8.7 17
FORM LINER-PAVING &CURB $ 8.913
FORM SETTER-PAVING &CURB $ 8.686
-- FORM SETTER-STRUCTURES $ 8.427
LABORER-COMMON $ 6.402
LABORER-UTILITY $ 7.461
' MANHOLE BUILDER $11.000
MECHANIC $10.658
OILER $ 8.698
SERVICER $ 8.104
PAINTER-STRUCTURES $10.913
_ PILEDRIVER $ 7.500
PIPE LAYER $ 8.509
BLASTER $11.333
_ ASPHALT DISTRIBUTOR OPERATOR $ 8.404
ASPHALT PAVING MACHINE $ 9.053
BROOM OR SWEEPER OPERATOR $ 7.908
_ BULLDOZER, 150 HP &LESS $ 8.703
BULLDOZER, OVER 150 HP $ 9.160
CONCRETE PAVING CURING MACHINE $ 8.213
-- CONCRETE PAVING FINISHING MACHINE $ 9.453
CONCRETE PAVING FORM GRADER $ 8.500
CONCRETE PAVING JOINT MACHINE $ 9.042
-- CONCRETE PAVING JOINT SEALER $ 7.350
CONCRETE PAVING FLOAT $ 7.875
CONCRETE PAVING SAW $ 9.290
-- CONCRETE PAVING SPREADER $ 9.750
PAVING SUB-GRADER $ 9.000
SLIPFORM MACHINE OPERATOR $ 9.000
' CRANE, CLAMSHELL, BACKHOE,
DERRICK, DRAGLINE, SHOVEL,
LESS THAN 11/2 C.Y. $ 9.513
CRANE, CLAMS HELL, BACKHOE,
_ DERRICK, DRAGLINE, SHOVEL,
11/2 C.Y. & OVER $10.517
CRUSHER OR SCREENING PLANT
_ OPERATOR $ 9.500
FORM LOADER $12.00
_. Bidding and Contract Documents
CLASSIFICATION HOURLY RATE
_ FOUNDATION DRILL OPERATOR
CRAWLER MOUNTED $10.00
FOUNDATION DRILL OPERATOR
-- TRUCK MOUNTED $11.138
FRONT END LOADER 2 1/2
C.Y. &LESS $ 8.823
-- FRONT END LOADER OVER 2 1/2 C.Y $ 9.311
HOIST-DOUBLE DRUM $ 8.917
MILLING MACHINE OPERATOR $ 6.650
' MIXER (OVER 16 C.F.) $ 9.000
MIXER (16 C.F. & LESS) $ 7.913
MIXER-CONCRETE PAVING $ 9.500
MOTOR GRADER OPERATOR
FINE GRADE $10.346
MOTOR GRADE OPERATOR $ 9.891
PAVEMENT MARKING MACHINE $ 6.402
ROLLER, STEEL WHEEL PLANT-MIX
_ PAVEMENTS $ 8.339
ROLLER, STEEL WHEEL OTHER
FLATWHEEL OR TAMPING $ 7.963
_ ROLLER, PNEUMATIC, SELF-PROPELLED $ 7.403
SCRAPER-17 C.Y. & LESS $ 8.138
SCRAPER-OVER 17 C.Y. $ 8.205
-- SIDE BOOM $ 7.793
TRACTOR-CRAWLER TYPE 150 HP
&LESS $ 8.448
-- TRACTOR-CRAWLER TYPE OVER
150 HP $ 8.873
TRACTOR-PNEUMATIC $ 7.735
-- TRAVELING MIXER $ 7.615
TRENCHING MACHINE-LIGHT $ 8.188
TRENCHING MACHINE-HEAVY $12.498
' POST HOLE DRILLER OPERATOR $ 9.000
WAGON-DRILL BORING MACHINE $ 9.000
REINFORCING STEEL SETTER PAVING $ 9.218
Bidding and Contract Documents
CLASSIFICATION HOURLY RATE
REINFORCING STEEL SETTER
STRUCTURES $11.548
-- STEEL WORKER-STRUCTURAL $16.300
SIGN ERECTOR $11.436
SPREADER BOX OPERATOR $ 6.988
-- BARRICADE SERVICER
ZONE WORK $ 6.402
MOUNTED SIGN INSTALLER
' PERMANENT GROUND $ 6.402
TRUCK DRIVER - SINGLE AXLE
LIGHT $ 7.465
TRUCK DRIVER - SINGLE AXLE
HEAVY $ 8.067
TRUCK DRIVER - TANDEM AXLE
SEMI TRAILER $ 7.816
TRUCK DRIVER-LOWBOY/FLOAT $ 9.653
_ TRUCK DRIVER-TRANSIT MIX $ 7.507
TRUCK DRIVER-WINCH $ 8.200
VIBRATOR OPERATOR $ 7.000
_ WELDER $10.459
Bidding and 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 1999 by and between the C1TY 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 the installation of drainage, water, sewer, and paving for
Dividend Drive. Work shall include all components necessary for the construction of the
drainage, water, sewer, and paving improvements as shown in the plans for Project #
' ST9802, including but not limited to: drainage system, water line, water appurtenances,
sanitary sewer, manholes, paving, etc.
The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
Project Name: Drainage, water, sewer, and paving for Dividend Drive, Gateway Business Park
No. II, located in the City of Coppell, Texas.
_ Project #: ST9802
Article 2. ENGINEER.
The Project has been designed by Halff Associates, Inc. 8616 Northwest Plaza Drive, Dallas,
Texas 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 120 calendar days from the date when the Contract
time commences to run as provided in Item 1.13 of the General Provisions, and completed
and ready for final payment in accordance with Item 1.51 of the General Provisions.
35
-- Bidding and Contract Documents
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the time specified in paragraph 3.1 above, plus any extensions thereof
_ allowed in accordance with Item 1.36 of the General Provisions. They also recognize the
delays, expense and difficulties involved in proving in a legal or arbitration proceeding the
actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead
_ of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated
damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER two hundred
forty and no/100 dollars ($240.00) for each day that expires after the time specified in
· - paragraph 3.1 for Completion until the Work is complete.
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
Section 1 Proposal and Bid Schedule. The contact 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 1.51 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. All progress payments will
-- be on the basis of the progress of the Work measured by the schedule of values established in
Item 1.51 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 1.51.2 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 1.52 of the General Provisions.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with
Item 1.51.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price
as recommended by ENGINEER as provided in said Item 1.51.4.
36
Bidding and Contract Documents
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 1.3 of the General Provisions, and accepts the determination
set forth in Item SC-1.20 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 1.3 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 responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, 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 1.3, 1.20 and 1.21 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.
37
-- Bidding and Contract Documents
Article 8. CONTRACTOR 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 35 thru 40, Section I inclusive).
_ 8.2. Exhibits to this agreement (immediately following this Agreement, inclusive).
8.3. Performance, Payment, and Maintenance Bonds and Certificate of Insurance.
8.4. Notice of Award.
-- 8.5. Part 1: General Provisions of the Standard Specifications for Public Works
Construction, NCTCOG, latest edition.
-- 8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 49
thru 56).
' 8.7. Specifications bearing the title: "Construction Specifications and Contract Documents
for the construction of drainage, water, sewer, and paving for Dividend Drive,
Gateway Business Park No. II, Coppell, Texas, Project No. ST9802 for the City of
' Coppell.
8.8. Drawings entitled: Drainage, water, sewer, and paving for Dividend Drive,
Project No. ST9802.
8.9. The following listed and numbered addenda:
8.10. CONTRACTOR' s Bid Proposal and Bid Schedule of Section 1 - Bidding and Contract
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
1.37 and 1.38 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 1.37
and 1.38 of the General Provisions.
38
Bidding and Contract Documents
Article 9.MISCELLANEOUS.
' 9.1. Terms used in this Agreement which are defined in Item 1.0 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
(expect 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, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
-- representatives in respect of all covenants, agreements and obligations contained in the
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 ,19
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 478
Coppell, Texas 75019
Attn: Ken Griffin, P.E.
Assistant City Manager/City Engineer
39
· -- Bidding and Contract Documents
' (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.)
NON-COMPENSATED CONTRACT ADMINISTRATOR:
Catellus Development Corporation
4545 Fuller Drive, Suite 100
-- Irving, Texas 75038
-- BY:
TITLE:
ATTEST:
Address for giving notices:
_ (If non-compensated Contract Administrator is a corporation, attach evidence of authority to sign)
40
-- Bidding and Contract Documents
ACORD CERTIFICATE OF LIABILITY INSURANCE THIS CERllFICATE IS ISSUED AS A MATTER OF INFORMAlION
ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE
Aon Risk Services of Texas Inc HOLDER. THIS CERlqRCATE DOES NOT AMEND, EXTEND OR
2711 N. Haskell, Suite 800 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dallas, TX 75204 COMPANIES AFFORDING COVERAGE
~ (214) 989-0000 coMPANY
A National Standard Ins. Co.
INSURED COMPANY
: McMahon Contracting, Inc. S National Union Fire Ins. Co.
P. O. Box 153086 COMPANY
Irving, Texas 75015-3086 C
COMPANY
I D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE lISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NO~NITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
L'~I POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) UMITS
A GENE~L uAm~ CONSeSN0/9 0 9 / 3 0 / 0 0 0 9 / 3 0 / 0 1 eENE~ AGGREGATE S 2.000.000
X COMMERC~L GENERAL LIABILITY PRODUCTS - COMP~)P AGG $ 2.000,000
i!ii~iiii I CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $ 1.000.000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE S 1.000.000
X Per-Pro_: Agge FIRE DAMAGE (Any one ~re) $ 100.000
X Cozltrac tual MED EXP (Any one person) $ 5,000
A AUTOMOe,,,,L~SLrrY CON58594137 09/30/00 09/30/01 COMBINED SINGLE LIMIT $ 1,000,000
X ANY AUTO
ALL OWNED AUTOS ! BODILY INJURY
SCHEDULED AUTOS (Per person) $
__
HIRED AUTOS
~ BODILY iNJURY
NON-OWNED AUTOS (Per accident) $
__
-- pROpERTy DAMAGE $
GARAGE UAGIUTY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGAIE
EXCESS uAaeJ'rY BE7402893 0 9/3 0 / 0 0 0 9 / 3 0 / 0 1 EACH OCCURRENCE S 5.000.000
B X I UMBRELLA FORM AGGREGATE $ 5,000,000
' I OTHER 1HAN UMBRELLA FORM $
~ A WOR.ERSCmU~. AND TC1~6612 09/30/00 09/30/01 X] WCSTAm- { IOE~-
TORY LIMITS
EL EACH ACCIDENT $ 500.000
THE PROPRIETOPJ ~ INCL EL DISEASE - POLICY LIMIT $ 500,000
_ PARTNERSEXECUTIVE
OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ 500,000
OTHER
DESCRIPTION OF OPERA'T1ONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
R;..:Dividend Drive Drainage,Water,Sewer r, Paving Improvements (~I]:)) Bid
- #~-0399-01/Certificate holder is an additiona'l insured ~it~ regard
liability as rec,[tzired b written contract/Haiver o£ subrogation in
· Favor o.F certi.Fzcate :ho~'der as req'Gired :by written contract
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANC.:IU:n BEFORE THE
City of Coppell EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
~TTN: ~en Gri.F.Fin/As~t. City Mgr. 3o DAYS WRrrTEN NOTRE TO THE OEH~ATE HOLDER N~ED TO THE LEFt,
Co~pell TX 75019
_
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.
41
-- Bidding and Contract Documents
-- General Instructions For Bonds
A. The surety on each bond must be a responsible surety company which 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.
42
Bidding and 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, axe 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. 19 , which is made a part hereof by reference, for the construction of
that are described as follows:
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 one (1) year from the 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.
43
Bidding and Contract Documents
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 Article 5160 of Vernon's Annotated Civil
Statutes, 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 ,19
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.
_ Bidding and Contract Documents
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.
-- 19 , which is made a part hereof by reference, for the construction of certain public
improvements that are generally described as follows:
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.
_ 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
45
-- Bidding and Contract Documents
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 Article 5160 of Vernon's
-- Annotated Civil Statutes, 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 ,19 __
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.
46
Bidding and 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 City of Coppell, 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 drainage, water, sewer, and paving for Dividend Drive, Project No. ST9802 which
_ contract and the plans and specifications therein mentioned, adopted by the City of Coppell are hereby
expressly made a part thereof as through the same were written and embodied herein.
_ WItEREAS, 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 not 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 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.
47
Bidding and Contract Documents
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 ,19__
PRINCIPAL SURETY
By:. By:
Title: Title:
WITNESS: ATTEST:
-- NOTE: Date of Maintenance Bond must not be prior to date of Contract.
Bidding and Contract Documents
_ SECTION 2
SPECIAL PROVISIONS AND
SUPPLEMENTARY CONDITIONS
' to the NCTCOG
STANDARD SPECIFICATIONS
SUPPLEMENTARY CONDITIONS
- TO THE
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
_ GENERAL PROVISIONS
THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD GENERAL
PROVISIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION, NORTH CENTRAL TEXAS, LATEST ADDITION, PREPARED
BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS 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.
PART I: GENERAL PROVISIONS
-- DIVISION I
ITEM 1.0 DEFINITIONS:
SC-I.0
-- Engineer: The word "Engineer" in these contract documents and
specifications shall be understood as referring to CITY ENGINEER, City
of Coppell, P.O. Box 478, 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" in these contract documents and specifications
refers to the CITY OF COPPELL acting through its authorized
_ representatives.
Calendar Day: Add the following sentence to the end of the working days
_ definitions: Hours worked before 8:00 a.m. after 5:00 p.m., all weekends
and holidays are subject to overtime. Overtime request must be made in
writing and approved by the City of Coppell. Seventy-two hours notice
- required. All overtime incurred by the City for inspection services shall be
paid by the Contractor. If not paid, such cost may be deducted from partial
payments.
49
Standard Specifications
Supplementary Conditions
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.
ITEM 1.15 SURETY BONDS:
SC-1.15
Add following sentence to Item 1.15 (A):
"Maintenance Bond shall be required in the amount of 50% of the
cost of the public improvements for a 2 year period."
ITEM 1.16 NOTICE TO PROCEED:
SC-1.16
Add following sentence to end of Item 1.16.
-- 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 1.22.5, 1.28 and 1.51.1, 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 1.19 PRIORITY OF CONTRACT DOCUMENTS:
' SC-1.19
Add the following language at the end of the Item 1.19: "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."
ITEM 1.20 CORRELATION AND INTENT OF DOCUMENTS:
SC-1.20.1
Amend the first sentence of Item 1.20.1 by changing "such copies" to be
"five copies ". Add the following to the end of Item 1.20.1:
"In the preparation of Drawings and Specifications, ENGINEER has
established and relied upon the following reports of explorations and tests
50
Standard Specifications
_ Supplementary Conditions
of subsurface conditions at the site of the work: No geotechnical
explorations or tests of subsurface conditions have been performed.
The Contractor may take borings at the site to satisfy himself as to
subsurface conditions.
SCol.20.5
Add the following new Item 1.20.5 immediately after Item 1.20.4:
1.20.5 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.
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.
ITEM 1.22 CONTRACTORS RESPONSIBILITIES:
SC-1.22.5
Amend the first sentence of Item 1.22.5 by adding the following at the
beginning of the sentence: "If requested by Owner, Engineer or
Contractor".
ITEM 1.24 PROTECTION OF WORK AND OF PERSONS AND PROPERTY:
SC-1.24.2.1
_ Add the following new Item 1.24.2.1 immediately after Item 1.24.2:
1.24.2.1 Should CONTRACTOR cause damage to the work or property of
-- any separate Contractor at the site, or should any claim arising out of
CONTRACTOR'S, OWNER, ENGINEER, Consulting Engineer or any
other person, 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
51
Standard Specifications
_ Supplementary Conditions
Consulting Engineer harmless from and against all claims, damages, losses
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 be 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 1.36. 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 1.26 INSURANCE:
SC-1.26.6
' Add the following new item immediately after item 1.26.5:
1.26.6 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-1.26.7
Add the following new item immediately after item 1.26.6:
-- 1.26.7 CONTRACTOR intends that any policies provided in response to
Item 1.26 shall protect all of the parties insured and provide coverage for
all losses and damages caused by the perils covered thereby. Accordingly,
52
Standard Specifications
_ Supplementary Conditions
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.
ITEM 1.27 MATERIALS AND WORKMANSHIP; WARRANTIES AND
GUARANTEES:
SC-1.27.4
Amend the first sentence of Item 1.27.4 to change the words "one year" to
"two years".
ITEM 1.32 WORKING AREA; COORDINATION WITH OTHER
CONTRACTORS; FINAL CLEANUP:
SC-1.32.1
-- Delete Item 1.32.1 in its entirety and insert the following in lieu thereof:
"Construction stakes/surveying shall be provided by the CONTRACTOR.
-- Vertical control has been established as shown on the construction plans.
Horizontal control can be established from existing inlets, street
intersections or other utilities indicated on the construction plans. 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 the lines and grades given therein."
ITEM 1.33 OTHER CONTRACTORS; OBLIGATION TO COOPERATE:
_ SC-1.33
Delete the last sentence of the second paragraph 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 Engineers, as provided in
Item 1.36; however, no increase in the contract price shall be due the
Contractor."
53
Standard Specifications
_ Supplementary Conditions
Insert the following sentence at the end of the second paragraph of Item
-- 1.33:
"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 1.36."
ITEM 1.36 DELAYS; EXTENSION OF TIME; LIQUIDATED DAMAGES:
SC-1.36
_ Add the following at the end of the last paragraph in Item 1.36:
"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."
ITEM 1.37 CHANGE OR MODIFICATION OF CONTRACT:
-- SC-1.37
1.37.1 Amend the last sentence in Paragraph two of Item 1.37.1 to delete
the following "except as provided below."
Add the following sentence to the end of paragraph two in Item 1.37.1.
"The unit price of an item of Unit Price Work shall be subject to re-
evaluation and adjustment under the following conditions:"
ITEM 1.42 INSPECTION AND TESTS:
SC-1.42
_ 1.42.3 Amend the first paragraph to delete "direction and expense of the
Owner" and add the following "direction of the Owner and expense of the
Contractor".
Amend the last paragraph, first sentence by changing "Contractor" to
"Owner".
__
54
Standard Specifications
_ Supplementary Conditions
ITEM 1.49 OWNER'S OFFICERS, EMPLOYEES OR AGENTS:
-- SC-1.49-2
Replace Item 1.49.2 with the following new paragraph:
1.49.2 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 represents that no employee
or officer of the City has an interest in the Contractor.
ITEM 1.58 STATE AND LOCAL SALES AND USE TAXES:
SC-1.58
Delete Item 1.58 and substitute the following in lieu thereof:
"1.58 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
55
Standard Specifications
_ Supplementary Conditions
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.
56
Standard Specifications
Supplementary Conditions
SPECIAL PROVISION
- TO THE
NORTH CENTER TEXAS COUNCIL OF GOVERNMENTS
STANDARD SPECIFICATIONS
These Special Provisions, modify, or supplement the Standard Construction
Specifications of the North Central Texas Standard Specifications. All provisions which
are not so modified or supplemented remain in full force and effect, except payment shall
be as established in Section 1 entitled "Proposal and Bid Schedule".
PART II: MATERIALS
DIVISION 2
ITEM 2.1.5. TRENCH BACKFILL:
_ (C) Types "B" and "C"
(4) Additional Requirements
(B) Additional Requirements for Type "C" backfill when used in
streets: Insert the following paragraph at the beginning of this
-- subsection: "All trench backfill shall be compacted to between 95
percent and 100 percent of Standard Proctor Density as determined
by ASTM D-698 at, or up to five (5) percentage points above,
-- optimum moisture content, using mechanical compaction methods
unless otherwise specified in the Plans. Water jetting may be used
only with specific written permission of the Engineer."
ITEM 2.1.6. RIP RAP OR STONE MASONRY:
(b) Materials and Dimensions
(4) Mortar Rip rap. Add the sentence: "Mortar or concrete
type shall be approved by the Engineer and shall conform to
A.S.T.M. C 387-83."
ITEM 2.1.7. PIPE BEDDING MATERIAL FOR STORM SEWERS:
(a) General: Amend the first sentence, by striking the words
Standard Specifications
_ Special Provision
"requirements for earth bedding" and replace with
"recommendations of the pipe manufacturer, and shall be approved
-- by the Engineer".
(b) Earth Bedding: Add the following sentence at the
beginning of this paragraph: "Earth bedding will not be permitted
-- without written approval of the Engineer."
ITEM 2.2.2. CHEMICAL ADMIXTURES:
(d) Mineral Admixtures. Delete paragraph (d) in its entirety. The use
of Fly Ash as an admixture in any Class of concrete is specifically
prohibited without written approval of the Engineer.
PART III CONSTRUCTION METHODS
DIVISION 3 SITE PREPARATION
ITEM 3.1.2. CONSTRUCTION METHODS:
-- Add the following sentence after the second sentence: "The method of
protection shall be 2 inch by 4 inch wood railing unless otherwise shown
on the Plans or directed by the Engineer."
ITEM 3.7.3. DENSITY:
-- Strike the first sentence and replace with the following: "Earth embedment
and select material shall be compacted to between 95 percent and 100
percent of Standard Proctor Density as determined by ASTM D-698 at, or
' up to five (5) percentage points above, optimum moisture content, using
mechanical compaction methods, unless otherwise specified in the Plans
or Specifications."
PART IV:
DIVISION 4 SUBGRADE, SUBBASE AND BASE COURSES
ITEM 4.8.4. CONSTRUCTION METHODS:
_ (b) Compaction
Amend the last sentence of the first paragraph, by striking the words: "90
-- percent of the maximum dry density of such material." and replace with
the words "95 percent of the maximum dry density of such material, or as
directed by Engineer."
58
Standard Specifications
Special Provision
PART V:
-- DIVISION 5 PAVEMENT AND SURFACE COURSES
ITEM 5.8.2. CONSTRUCTION METHODS:
(e) Joints
-- (1) Expansion Joints: Delete the first paragraph and replace with
the following: "Expansion joints shall be installed perpendicularly
to the surface and centerline of the pavement. Expansion Joint
' material shall be redwood boards, 3/4-inch in width, and extended
through curbs. Expansion joints are to be installed at each end of
radius at street intersections. Expansion joints shall be equally
spaced between intersections with not less than one every 200
linear feet of pavement, unless otherwise specified on the Plans or
_ directed by the Engineer."
(C) Proximity to Existing Structures: Add to end of sentence, "or as
_ directed by the Engineer".
(2) Contraction Joints. Delete the first sentence of the first paragraph
- and insert the following: "Contraction or dummy joints shall be
sawed to 1-1/4 inches in depth, and 1/4 inch in width, and installed
every 20 linear feet of pavement, and extend through curb, unless
- otherwise directed by the Engineer."
(h) Finishing.
(1) Machine. Add the following paragraph at the end of this
subsection: "Fog sprays powered by pressure pumps, and capable
' of covering the entire area of freshly placed concrete with a fine
mist, shall be used if water is needed for finishing operations."
(2) Hand. Add a new paragraph after first paragraph which reads as
follows: "Fog sprays powered by pressure pumps, and capable of
covering the entire area of freshly placed concrete with a fine mist,
shall be used if water is needed for finishing operations."
Standard Specifications
Special Provision
PART VI:
DIVISION 6 UNDERGROUND CONDUIT CONSTRUCTION
-- ITEM 6.2.9. BACKFILL:
(b) Compaction.
(2) Densities - Areas Not Subjected to or Influenced by Vehicular Traffic.
Amend the second sentence by striking the words "to a density comparable
with adjacent undisturbed material" and replacing with "to a density
between 95 percent and 100 percent Standard Proctor Density as
determined by ASTM D-698 at, or up to five (5) percentage points above,
optimum moisture content, unless otherwise specified in the Plans or
directed by the Engineer."
Standard Specifications
Special Provision
- SECTION 3
SPECIFIC
PROJECT REQUIREMENTS
SPECIFIC PROJECT REQUIREMENTS
The construction specifications which apply to this project are the Standard Specifications
for Public Works Construction - Noah Central Texas prepared through the North Central
Texas Council of Governments (C.O.G.). 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 C.O.G. Standard Specifications are contained in Section 2 - Special Provisions to
-- Standard Specifications for Construction. In the event that an item is not covered in the
Project Drawings 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 pan 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
61
specific Project Requirements
S.S .P.W.C.N.C.T. Standard Specifications for Public Works
Construction North Central Texas
1.1 OWNER: The "Owner" as referred to in these Specifications is the City of
Coppell, P.O. Box 478, 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 CITY OF COPPELL: All improvements described in this Proposal and
Construction Drawings shall be done 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 Standard Specifications for Construction for the City
of Coppell, Texas shall apply.
'- 1.4 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 property owners and the Contractor assumes all
' liability.
1.5 PROJECT DESCRIPTION: This work shall consist of the drainage, water,
sewer, and paving for Dividend Drive. The work shall include all components
necessary for the construction of the drainage, water, sewer, and paving, including
but not limited to: drainage system, water line, water appurtenances, sanitary
sewer, manholes, paving, etc. as detailed in the plans and specifications.
_ 1.6 CALENDAR DAY COUNT: Calendar days shall be counted by the Engineer on
the basis of the definition set out in the General Conditions of Agreement. The
calendar day count shall be suspended upon receipt by the Engineer of a written
__ request for final inspection. The calendar day count shall resume upon receipt by
the Contractor of a written list of items necessary to satisfactorily complete the
project. This process shall continue until such time as the project is accepted by
-- the Engineer, and the Owner. The calendar day count will not be suspended or
otherwise affected by use of completed portions or "substantial completion" of
any Of the project.
1.7 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.
62
- Specific Project Requirements
1.8 SOIL INVESTIGATION: A geotechnical investigation report has not been
prepared. The Contractor shall visit the site and acquaint himself with the site
conditions.
1.9 SURVEY AND FINISHED GRADES: Horizontal and vertical control is
provided by the owner as shown on the plans. The Contractor shall be responsible
for layout and staking of all grades and lines for construction. 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.
' 1.10 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.
1.11 TESTING LABORATORY SERVICE: Catellus shall employ a geotechnical
and materials testing consultant (to be named) to perform quality control testing,
as required, for the Project. Catellus shall be responsible for performing all
_ testing and providing two (2) copies of all written reports of testing to the City.
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.
1.12 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.
1.13 PRESERVATION OF TREES: Permission of the Engineer must be obtained
-- for removal of trees on the property that obstruct the installation of the
improvements as outlined in this project. Penalty for destruction of a tree without
permission shall be $500.00 each payable to the Owner. If damage is continuous,
' tree guards shall be erected when so directed by the Engineer at the Contractor's
expense. Any tree that is to be saved shall be fenced as per the tree ordinance. No
storing of materials or equipment including vehicles will be allowed within the
drip line of a tree.
63
-- Specific Project Requirements
1.14 COOPERATION OF CONTRACTOR: The Contractor shall have on the
project at all times, as his agent, a competent Superintendent capable of reading
4 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.
-- 1.15 WARNING DEVICES: The Contractor shall have the responsibility to provide
and maintain all warning devices and take all precautionary measures required by
law and the Texas Manual on Uniform Traffic Control Devices (TMUTCD) 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. No separate
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.
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 carded 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, 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 accepted.
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 waming devices,
I_ barricades, signs, lights, or other precautionary measures in protecting said
- Specific Project Requirements
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 fight to repair the damage and charge the cost
back to the Contractor. All of this work is considered incidental and shall not be
separate pay item.
_ 1.16 EXISTING UTILITIES~ STRUCTURES AND OTHER PROPERTY:
A. Prior to any excavation, the Contractor shall determine the locations of all
-- existing water, gas, sewer, electric, telephone, telegraph, television, and
other underground utilities and structures.
-- B. After commencing the work, 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 which 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 settle in 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 with the
_ appropriate utility company.
1.17 DRAINAGE: The Contractor shall maintain adequate drainage at all times.
1.18 PRO,IECT MAINTENANCE: The Contractor shall maintain, and keep in good
repair, the improvements covered by these plans and specifications during the life
-- of the contract.
65
Specific Project Requirements
1.19 CLEANUP:
' A. 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. Any tracking
of dirt, mud, and/or material on streets from this project shall be cleaned
_ up.
B. 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.
' 1.20 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. Catellus shall employ
' Halff Associates, Inc. to serve as Project Engineer for the Project. Catellus shall
oversee and manage the construction of the Project and shall provide written
progress reports to the City on a bi-weekly basis. Catellus shall be responsible,
along with Project Engineer, for performing all construction inspections. The
Project Engineer will 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.
_ 1.21 DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps,
slashings, brush or other debris removed from the site as a preliminary to the
construction shall be removed from the property. Any required burning and
_ disposal permits shall be the sole responsibility of the Contractor. Vegetation that
has been cut must be removed from the site within 24 hours.
· - All excavated earth in excess of that required for backfilling shall be removed
from the job site and disposed of in a satisfactory manner.
- 1.22 WATER FOR CONSTRUCTION: The Contractor shall make the necessary
arrangement for securing and transporting all water required in the construction,
including water required for mixing of concrete, sprinkling, testing, flushing,
' flooding, or jetting. The Contractor shall provide water as required at his own
expense.
1.23 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.
66
Specific Project Requirements
1.24 EROSION CONTROL: The Contractor shall be responsible for furnishing,
constructing and maintaining control measures as necessary to prevent and control
soil erosion, sedimentation and water pollution in accordance with the city of
_ Coppell's Erosion Control Ordinance. These measures shall be maintained
throughout the construction and shall be coordinated with any permanent or
temporary pollution control feature required on the plans or in the specifications.
_ Additional erosion protection may be required if the City representative
determines that it is necessary. No separate payment shall be made for the work.
It shall be considered incidental to the Contract.
67
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 drawing sand diagrams:
1. Modify drawings and diagrams to delete information which 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.
68
Specific Project Requirements
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. Conformance with specifications.
C. Coordinate each submittal with requirements of the work and of
the Contract Documents.
D.Begin no work which 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 which the contractor requires,
' plus four which 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.
69
specific Project Requirements
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 resubmittals.
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 registered engineer on all structural
-- submittals.
D. REVIEW:
1. Shop drawing and product data information review will be general.
Such review will not relive 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 retumed 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.
70
Specific Project Requirements
B. Shop Drawings and Product Data:
-- 1. Revise initial drawings or data, and resubmit as specified for the
initial submittal.
-- 2. Indicate any changes which 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
resubmittal, or acceptance of submittal.
C. Return submittals to Contractor for distribution, or for resubmission.
_ Specific Project Requirements
SECTION 4
DESCRIPTION OF PAY ITEMS
- DESCRIPTION OF PAY ITEMS
This section includes comments concerning various Pay Items so that the contractor can
fully understand the scope of work involved in the Pay Item.
Note: The traffic control plan required in Section 1-15 of the Specific Project
Requirements is subsidiary to the price for the various bid items.
Pay Item I - 1-9, 11-16; II - 1-12, 14, 15, 17-21; III- 1-5, 7, 8; IV - 1-6:
These are standard Bid Items and as such the installation and construction
shall be in conformance with the lines, grades, and materials shown on the plans;
_ with generally accepted construction practices; and in conformance with these
specifications, plans, the North Central Texas Council of Government
Specifications and The City of Coppell Standard Details.
Pay Item II - 13, III- 6:
-- These Pay Items provide for the encasement of a portion of a 16" water main, 3-8"
water laterals, a 6" water lateral, and a 6" wastewater lateral with 3000 psi
concrete because the vertical separation of these utilities with other utilities is less
-- than the 2 ft. minimum required by the City of Coppell. The measurement and
payment shall be on the basis of the bid price per linear foot and shall be total
compensation for furnishing all materials, tools, equipment, labor and any
' incidentals necessary to complete the work.
Pay Item I - 10, II - 16, III- 9:
These pay items shall apply to any trench excavation which is over five (5) feet in
depth from the ground surface, or trench excavations that are less than five (5) feet
in depth located in areas where unstable soil conditions are present (REF. OSHA
Safety and Health Regulations, Part 1926, Subpart P, Paragraph 29 CFR
_ 1926.652, Subparagraph (a)). The measurement for Trench Safety shall be the
linear foot along the centerline of trench. The payment shall include all
components for design and construction of the Trench Safety System which can
_ include, but not be limited to, sloping, sheeting, trench boxes or trench shields,
sheet piling, cribbing, bracing, shoring, dewatering or diversion of water to
provide adequate drainage. Payment of all work prescribed under this item shall
- be full compensation for additional excavation and backfill; for furnishing,
placing and removing all shoring, sheeting, or bracing; for dewatering or diversion
Description of Pay Items
of water; for all jacking and jack removal; and for all other labor, materials, tools,
equipment and incidentals necessary to complete the work.
Pay Item IV - 7:
This pay item shall consist of installing brick pavers in the median at the left turn
lane in Freeport Parkway. The color and pattern of the brick pavers shall be per City of
_ Coppell Standards. The measurement and payment shall be on the basis of the bid price
per square yard and shall be total compensation for furnishing all materials, tools,
equipment, labor, and any incidentals necessary to complete the work.
Description of Pay Items