Gateway BP(1.2)-CN 960722CONSTRUCTION SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
GATEWAY BUSINESS PARK DRAINAGE IMPROVEMENTS DR 96-02
"FRITZ WAREHOUSE"
Bid No. Q0696-02
FOR
THE CITY OF COPPELL
JUNE
1996
Section 1 Bidding and Contract Documents
TABLE OF CONTENTS
Notice to Bidders 1-2
Instructions to Bidders 1 -3 thru 1 -13
Proposal/Bid Schedule Prevailing Wage Rates 1 -14 thru 1 -25
Standard Form of Agreement (Contract) 1 -26 thru 1 -31
Insurance Requirements 1 -32 thru 1 -34
Performance Bond 1 -35 thru 1 -36
Payment Bond 1 -37 thru 1 -38
Maintenance Bond 1 -39 thru 1-40
City of Coppell's Supplementary Conditions to the NCTCOG
Standard Specifications for Public Works Construction 1-41 thru 1-47
Section 2 Specific Project Requirements 2 -1 thru 2 -7
Section 3 Special Provisions to
Standard Specifications for Construction 3 -1 thru 3-4
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 4 Description of Pay Item 4-1 thru 4-2
BIDDING AND CONTRACT DOCUMENTS
SECTION 1
SECTION 1 BIDDING AND CONTRACT DOCUMENTS
NOTICE TO BIDDERS
The City of Coppell is accepting bids for Gateway Business Park Drainage Improvements.
Specifications may be obtained at a cost of $25.00 from Brockette•Davis-Drake, Inc., 4144 N.
Central Expressway, Suite 1100, Dallas, TX 75204. Sealed bids addressed to the Purchasing
Agent, City of Coppell, Texas, for Gateway Business Park Drainage Improvements will be
received in the Purchasing Office at the City of Coppell Town Center, 225 Parkway Boulevard,
until 10:00 a.m., July 2, 1996, and then publicly opened and read aloud. Each Bidder shall
submit two identical copies of this bid with the City of Coppell Bid No. Q0696 -02 designated
clearly on the exterior of the bid envelope.
There will be a "Pre -bid" Conference conducted on June 20th, at 10:00 a.m. in the second floor
conference room at Coppell Town Center, 255 Parkway Boulevard.
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.
Complete sets of bidding documents must be used in preparing Bids; the City of Coppell assumes
no responsibility for errors or misinterpretations resulting from the use of incomplete sets of
Bidding Documents.
NO SALES TAX ON TANGIBLE PERSONAL PROPERTY 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.
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BIDDING AND CONTRACT DOCUMENTS
INSTRUCTIONS TO BIDDERS
1. Defined Terms.
Terms used in these Instructions to Bidders which are defined in the Standard
Specifications for Public Works Construction North Central Texas 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 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.
2. Scope of Work.
This project is located in a 20' drainage easement south of Gateway Boulevard and north
of Cotton Road. The scope of work is as shown on the construction plans and as stated
in these specifications. Generally, the work shall consist of the installation of 11 L.F. of
72" RCP, 144 L.F. of 66" RCP, 384 L.F. of 60" RCP, 45 L.F. of various other sizes
of RCP. The remainder of the work consists of: Junction Box.
3. Copies of Bidding Documents.
3.1 Complete sets of the Bidding Documents may be obtained from Brockette•Davis•Drake,
Inc., 4144 N. Central Expressway, Suite 1100, Dallas, Texas for $25.00. 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.
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B) After award of the Contract, the successful Bidder will be furnished five (5) sets
of Contract Documents at no charge. Additional sets over five (5) will be
furnished for $15.00 per set.
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; the City of Coppell
assumes no responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal
forms will be issued.
3.3 The Owner, in making copies of Bidding Documents available on the above terms, does
so only for the purpose of obtaining Bids on the Work and does not confer a license or
grant for any other use.
4. Qualifications of Bidders.
The Bidder shall submit within five (5) days of the Owner's request such evidence as the
Owner may require to establish his financial responsibility, experience and possession of
such equipment as may be needed to prosecute the work in an 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.
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.
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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 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 Gateway Boulevard and Cotton Road. 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
furnishing of the Work, (c) consider federal, state and local Laws and Regulations that
may affect cost, progress, performance or furnishing of the Work, (d) study and carefully
correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of
all conflicts, errors or discrepancies in the Contract Documents. Failure to make these
examinations shall in no way relieve any Bidder from the responsibility of fulfilling all
of the terms of the contract, without additional cost to the OWNER.
6.2 Information and data reflected in the Contract Documents with respect to Underground
Facilities at or contiguous to the site is based upon information and data furnished to the
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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.
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, rights -of -way and easements for
access thereto and other lands designated for use by Contractor in performing the Work
are identified in the Contract documents.
6.6 The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has complied with every requirement of this Article 6, that without exception the
Bid is premised upon performing and furnishing the work required by the Contract
Documents and such means, methods, techniques, sequences or procedures of construction
as may be indicated in or required by the Contract Documents, and that the Contract
Documents are sufficient in scope and detail to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
7. Interpretations and addenda.
7.1 All questions about the meaning or intent of the Contract Documents are to be directed
to the Purchasing Agent. Interpretations or clarifications considered necessary by the
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Purchasing Agent in response to such questions will be issued by Addenda mailed, faxed
or delivered to all bidders recorded as having received the Bidding Documents. Questions
received less than two days prior to the date for opening of Bids may not be answered.
Only questions answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect. Each Bidder shall
acknowledge on the bid proposal that all Addenda issued have been received.
7.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by
the Owner.
8. Bid Security.
8.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of
five percent of the Bidder's maximum Bid price and in the form of a certified or bank
check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety
meeting the requirements of the City of Coppell.
8.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed
the Agreement and furnished the required contract security, whereupon the bid security
will be returned. If the Successful Bidder fails to execute and deliver the Agreement and
furnish the required contract security within fourteen (14) days after the Notice of Award,
Owner may annul the Notice of Award and the Bid security of that Bidder will be
forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable
chance of receiving the award may be retained by Owner until the earlier of the seventh
day after the Effective Date of the Agreement or the forty-sixth day after the Bid opening,
where upon Bid security furnished by such Bidders will be returned. Bid security with
Bids which are not competitive will be returned within seven days after the Bid opening.
9. Contract Time.
9.1 The time for completion in calendar days should be included on the Bid Form in the space
provided. All work shall be complete within the calendar day count required by the
Contractor's Proposal. The calendar day count shall commence ten (10) calendar days
after the date of the Notice to Proceed.
9.2 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.
9.3 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.
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10. Liquidated Damages.
Provisions for liquidated damages are set forth in the Contract. Liquidated damages for
this project are: $240 /day.
11. Substitute or "Or- Equal" Items.
The Contract, if awarded, will be on the basis of materials and equipment described in
the Drawings or specified in the Specifications without consideration of possible substitute
or "or- equal" items. Whenever it is indicated in the Drawings or specified in the
Specifications that a substitute or "or- equal" item of material or equipment may be
furnished or used by Contractor if acceptable to Engineer, application for such acceptance
will not be considered by Engineer until after the Effective Date of the Agreement. No
substitutions should be considered during the bidding process.
12. Subcontractors, Suppliers, and Others.
12.1 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 organisations proposed for those
portions of the Work for which such identification is requested. Such list shall be
accompanied by an experience statement with pertinent information regarding similar
projects and other evidence of qualification for each such Subcontractor, supplier, person
or organization if requested by the Owner. If the Owner, after due investigation, has
reasonable objection to any proposed Subcontractor, Supplier, other person or
organization, 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.
12.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or
organization against who Contractor has reasonable objection.
12.3 Contractor required to pay for all testing.
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13. Bid Proposal.
13.1 Two (2) completed Bid Proposals must be submitted in a sealed envelope as described in
Item 16. 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.
13.2 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.
14. 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.
15. 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.
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16. 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 July 2, 1996, 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. Q0696 -02 and the name and
address of the Bidder shall be submitted. If the Bid is sent through the mail or other
delivery system the sealed envelope shall be enclosed in a separate envelope with the
notation "BID ENCLOSED Gateway Business Park Drainage Improvements Q0696 -02
on the face of it and addressed to the Purchasing Agent, City of Coppell, Texas.
17. Modification and Withdrawal of Bids.
17.1 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.
17.2 If, within twenty-four hours after the Bids are opened, any Bidder files a duly signed
written notice with the Owner and promptly thereafter demonstrates to the reasonable
satisfaction of Owner that there was a material and substantial mistake in the preparation
of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified
from further bidding on the work.
18. 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.
19. Bids to Remain Subject to Acceptance.
All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid
opening, but the Owner may, in its sole discretion, release any Bid prior to that date.
20. Award of Contract.
20.1 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
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Successful Bidder. The Owner also reserves the right to reject all nonconforming,
non responsive, unbalanced or conditional Bids. Also, the Owner reserves the right to
reject the Bid of any Bidder if the Owner believes that it would not be in the best interest
of the Project to make an award to that Bidder, whether because the Bid is not responsive
or the Bidder is unqualified or has doubtful financial ability or fails to meet any other
pertinent standard or criteria established by the Owner. Discrepancies in the
multiplication of units of Work and unit prices will be resolved in favor of the unit prices.
Discrepancies between the indicated sum of any column of figures and the correct sum
thereof will be resolved in favor of the correct sum.
20.2 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.
20.3 The Owner may consider the qualifications and experience of any Subcontractors,
Suppliers, or other persons or organisations 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.
20.4 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.
20.5 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.
20.6 If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of
Award within ninety (90) days after the date of the Bid opening.
21. Execution of Agreement.
Within fifteen (15) days after written notification of award of the contract, the Successful
Bidder shall execute and furnish to the Owner three (3) original signed contracts and a
Certificate of Insurance.
Bidding and Contract Documents
22. 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.
23. Bid Compliance.
Bid must comply with all Federal, State, county and local laws. Contractor shall not hire
nor work any illegal alien.
24. 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.
25. Sales Tax.
25.1 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.
25.2 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
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Bidding and Contract Documents
finished product. For example, equipment rentals, form materials, etc. are not considered
as becoming "incorporated" into the project).
26. Silence of Specification.
The apparent silence of these specifications as to any detail or to the apparent omission
from it of a detailed description concerning any point, shall be regarded as meaning that
only the best commercial practices are to prevail. All interpretations of these
specifications shall be made on the basis of this statement by Owner or their authorized
representative.
27. 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.
28. 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.
29. 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.
30. 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.
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BIDDING AND CONTRACT DOCUMENTS
BID FORM
PROJECT IDENTIFICATION: Gateway Business Park Drainage Improvements DR 96-02 in
Coppell, Tx.
BID OF SUPERIOR UTILITIES, INC. DATE July 2, 1996
(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
CITY OF COPPELL BID NO: Q0696 -02
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
agreement with OWNER in the form included in the Contract Documents to perform and
furnish all Work as specified or indicated in the Contract Documents for the Contract
Price and within the Contract Time indicated in this Bid and in accordance with the other
terms and conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders
and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90)
days after the day of Bid opening. BIDDER will sign and submit the Agreement with
other documents required by the Bidding Requirements within fifteen (15) days after the
date of OWNER's Notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
(a) BIDDER has examined copies of all the Bidding Documents and of the following
Addenda (receipt of all which is hereby acknowledged):
No: N/A
Date:
Rec'd:
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(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 furnishing of the Work
as BIDDER considers necessary for the performance or furnishing of the Work at
the Contract Price, within the Contract Time and in accordance with the other
terms and conditions of the Contract Documents; and no additional examinations,
investigations, explorations, tests reports or similar information or data are or will
be required by BIDDER for such purposes.
(e) BIDDER has reviewed and checked all information and data shown or indicated
on the Contract Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations,
tests, reports or similar information or data in respect of said Underground
Facilities are or will be required by BIDDER in order to perform and furnish the
Work at the Contract Price, within the Contract Time and in accordance with the
other terms and conditions of the Contract Documents.
1 -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, firin 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 the
bid calendar days. Completion date will be established in the Notice to Proceed.
5. BIDDER will complete the Work for the following price(s):
1 -16 Bidding and Contract Documents
Item
No.
Quantity
Unit
Description and Price in Words
Unit
Price
Total
Price
1
9
LF
18" Class III RCP
Complete in Place
Twenty Two Dollars
and no Cents
per LF.
22.00
198.00
2
9
LF
21" Class III RCP
Complete in Place
Twenty Four Dollars
and no Cents
per LF.
24.00
216.00
3
18
LF
24" Class III RCP
Complete in Place
Twenty Seven Dollars
and no Cents
per LF.
27.00
486.00
4
9
LF
30" Class III RCP
Complete in Place
Thirty Three Dollars
and no Cents
per LF.
33.00
297.00
UNIT PRICE BID SCHEDULE
GATEWAY BUSINESS PARK DRAINAGE PROVEMENTS DR 96-02
BASE BID
1 -17 Bidding and Contract Documents
Item
No.
Quantity
Unit
Description and Price in Words
Unit
Price
Total
Price
5
384
LF
60" Class III RCP
Complete in Place
One Hundred Five Dollars
and no Cents
per LF.
105.00
40,320.00
6
144
LF
66" Class III RCP 8" RCP
Complete in Place
One Hundred Twenty Five
Dollars and no Cents
per LF.
125.00
18,000.00
7
11
LF
72" Class III RCP
Complete in Place
One Hundred Forty Five Dollars
and no Cents
per LF.
145.00
1,595.00
8
5
EA
Wye Connection
Complete in Place
One Hundred Fifty Dollars
and no Cents
per each.
150.00
750.00
I
UNIT PRICE BID SCHEDULE
GATEWAY BUSINESS PARK DRAINAGE IMPROVEMENTS DR 96-02
BASE BID
1 -18 Bidding and Contract Documents
Item
No.
Quantity
Unit
Description and Price in Words
Unit
Price
Total
Price
9
2
EA
�r
Ex. Pipe to Structure Connection
Complete in Place
200.00
400.00
-Two Hundretr o ars
and no Cents
per each.
10
4
EA
Ex. Pipe to Pipe Connection
Complete in Place
Two Hundred Dollars
and no Cents
per each.
200.00
800.00
11
2
EA
24" Plug
Complete in Place
Fifty Dollars
and no Cents
per each.
50.00
100.00
12
1
LS
Junction Box
Complete in Place
Five Thousand Dollars
and no Cents
lump sum.
5,000.00
5,000.00
I
I
UNIT PRICE BID SCHEDULE
GATEWAY BUSINESS PARK DRAINAGE IMPROVEMENTS DR 96-02
BASE BID
Item
No.
Quantity
Unit
Description and Price in Words
Unit
Price
Total
Price
13
2
EA
4' x 4' Wye Inlet (extra depth)
Complete in Place
One Thousand Five Hundred
Dollars and no Cents
per each.
1,500.00
3,000.00
14
2
EA
Remove Existing Headwall
Complete in Place
Five Hundred Dollars
and no Cents
per each.
500.00
1,000.00
15
9400
CY
Fill For Channel
Complete in Place
Two Dollars
and twenty five Cents
per cubic yard.
2.25
21,150.00
16
1
LS
Erosion Control for Inlet
Protection
Complete in Place
Two Hundred Dollars
and no Cents
lump sum.
200.00
200.00
Signature:
UNIT PRICE BID SCHEDULE
GATEWAY BUSINESS PARK DRAINAGE IMPROVEMENTS DR 96-02
BASE BID
TOTAL BID ITEMS 1 THEW 16
1 -20
93,512.00
TANGIBLE PERSONAL PROPERTY COST 48,500.00
Bidding and Contract Documents
CALENDAR
BID SUMMARY
TOTAL PRICE DAYS
TOTAL BASE BID ITEMS 1 THRU 16 93, 512.00 30
In Words:
Ninety Three Thousand Five Hundred Twelve and no/ 1 00
6. BIDDER agrees that all Work awarded will be completed within 30 Calendar
Days. Contract time will commence to run 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 City of Coppell reserves the right to delete any portion of this project as it may deem
necessary to stay within the City's available funds. Should the City elect to delete any portion,
the contract quantities will be adjusted accordingly.
SUBMITTED ON
July 2 19 96
1 -21 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 furnish any and/or
all commodities upon which prices are extended at the price offered, and upon the conditions
contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will
be 90 calendar days from the date of the bid opening. (Period of acceptance will be
ninety (90) calendar days unless otherwise indicated by Bidder.)
STATE OF TEXAS COUNTY OF DALLAS BEFORE
ME, the undersigned authority, a Notary Public in and for the State of Texas on this day
personally appeared B i 1 ly B. Faust who after being by me
Name
duly sworn, did depose and say:
"I, B i l l y B. Faust am a duly authorized office /agent for
Name
Superior Utilities, Inc. and have been duly authorized to execute the
Name of Firm
foregoing on behalf of the said Superior Utilities. Inc.
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."
NameandAddressofBidder: Superior Utilities, Inc.
Telephone: 214 352 -1660 by: B i l l
Title: President
on this the 2nd day of July
PAM COOPER
MY COMMISSION EXPIRES
June 24, 2000
2464 Manana, Dallas, Texas 75220
Signature:
1 -22
Faust
SUBSCRIBED AND SWORN to before me by the above named Billy B. Faust
,Notary Public in and for the State of Texas
19 96
Bidding and Contact Documents
If BIDDER IS:
An Individual
By
doing business as
Business address
A Partnership
By (Seal)
(Firm Name)
Business address
A Corporation
By Superior Utilities, Inc.
(Corporation Name)
Texas
(State of Incorporation)
By Billy B. Faust
(Name of person authorized to sign)
President
(Corporate Seal)
Attest
Business address
(Individual's Name)
(General Partner)
(Title)
/4
(Secretary)
2464 Manna. Dallas. Texas
Phone No.
Phone No.
75220
Phone No.
(214) 352 -1660
(Seal)
A Joint Venture
By
(Name) (Address)
By
(Name) (Address)
(Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a
partner to the joint venture should be in the manner indicated above.)
1 -23 Bidding and Contract Documents
SECTION 00640 LABOR CLASSIFICATION AND lM N WAGE SCALE
The City of Copped is the contracting agency for this construction project. The following
statute requires any contacting agency to specify the generally prevailing rate of wages is
contracts that are bid.
Pursuant to the requirements of this s~atute, the Ciry of Coppell, has asce, iii the following
rates of wages are paid to various classifications of workers in the locality of this projec
Not less than the following hourly rates hurl be paid for the various c of work
required by this project. Workers in classifications where rates are not ideatifi e;.+ shall be paid
not less than the general prevailing rate of "laborer' for the various c!assificaaons of work
therein listed.
The hourly rate for legal holiday and ave.-rime wcrk shall be not less than one and one -half (1
1/2) times the base hourly rate.
The rates specified are journeyman 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 Iess than 60% of the journeyman's wage
as shown. At no dse sh211 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 RATE
Air Tool Operator
Asphalt Raker
Asphalt Shoveler
Batching Plant Weigher
Batterboard Setter
Carpenter
Carpenter Helper
Concrete Finisher Paving
Concrete Finisher Helper Paving
Concrete Finisher Structures
Concrete Finisher Helper
Structures
Concrete Rubber
Electrician
Electrician Helper
Verrzon 's Te t CIvi1 Sirz res Article 5159a:
"Construction of Public Vv orks in State and
Municipal or Political Subdivisions; Prevailing
Wage Rare to be rrtainrainrd
S7.554
8.565
8.155
9.371
8.920
9.447
7.695
9.345
8.146
9.058
7.494
7.733
12.761
8.436
1- 24
CLASSIFICATION HOURLY RATE
Flagger
For Builder Structures
Form Builder Helper Structures
Form. Liner Paving Curb
For Setter Paving Curb
Form Setter Helper Paving
Curb
For Setter Structrres
Form Setter Helper Structures
Laborer Common
Laborer Utiliry
Manhole Builder
Mechanic
Mechanic Helper
Oiler
5.598
8.717
7.550
8.913
8.686
7.787
8.427
7.356
6.402
7.461
11.000
10.658
8.345
8.698
CLASSIFICATTON HOURLY RATE
Service:
Painter Sc enures
Painter Helper Structures
Piledriver
Piledriver Helper
Pipe Layer
Pipe Layer Helper
Blaster
Blaster Heber
Asphalt Distributor Operator
Asphalt Paving Machine
Broom or Sweeper Operator
Bulldozer, 150 I Less 8.703
Bulldozer, Over 150 HP 9.160
Concrete Paving Curing Machine 8.213
Concrete Paving Finishing
Machine 9.453
Concrete Paving For Grader 8.500
Concrete Paving Joint Machine 9.042
Concrete Paving Joint Sealer 7.350
Concrete Paving Saw 9.290
Concrete Paving Spreader 9.750
Paving Sub Grader 9.000
Slipform Machine Operator 9.000
Crane, Ciarrtshell, Backhoe, Derrick,
Dragline, Shovel Less Than
1 1 /4 C.Y. 9.513
Crane, Clamshell, Backhoe, Derrick,
Dragline, Shovel 1 tfz C.Y.
Over 10.517
Crusher or Screening Plant
Operator 9.500
Form Loader 12.000
Foundation Drill Operator Crawler
Mounted 10.000
Foundation Drill Operator Truck
Mounted 11.138
Foundation. Drill Operator Helper
Truck/Crawler 8.688
Front End Loader 21 C.Y. Lesa1.823
Front End Loader Over 21/2 C.Y 9.311
Hoist Double Drum 8.917
Milling Machine Operator 6.650
Mixer (over 16 C.F.) 9.000
8.104
10.913
8.000
7.500
7.000
8.509
7.037
11.333
7.250
8.404
9.053
7.908
1 25
CLASSIFICATION HOURLY RATE
Mixer (16 C.F. Less) 7.913
Mixer Concrete Paving 9.500
Mocor 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 Flatwaeri
or Tamping 7.963
Roller, Pneumatic, Self-Propelled 7.403
Scraper 17 C.Y. Less 8.138
Simper Over 17 C.Y. 8.205
Side Boom 7.793
Tractor Crawler Type 150 HP
Lee 8.448
Tractor Crawler Type Over
15 0 h2 8.448
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 Steil Setter Paving 9.218
Reinforcing Steel Seaer Strucauesl 1 S48
Reinforcing Steel Setter Helper 8.665
Steel Worker Strucairal 12.860
Sign Erector 11.436
Sip Erector Helper 6.402
Spreader Box Operator 6.988
Bar Cade Se nicer 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 Lowboy/Float 9.653
Thick Driver Transit Mix 7.507
Truck Driver Winch 8.200
Vibrator Operator 7.000
We '.der 10.459
Weider Helper 9.000
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 1996 by and between the CITY OF COPPELL, TEXAS, a municipal corporation
(hereinafter called OWNER) and Su pe r i or U t i 1 i ti es Inc (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 project is located in a 20' drainage easement South of Gateway Boulevard and North
of Cotton Road. The scope of work is as shown on the construction plans and as stated
in these specifications. Generally, the work shall consist of the installation of 11 L.F.
of 72" RCP, 144 L.F. of 66" RCP, 384 L.F. of 60" RCP, 45 L.F. of various other sizes
of RCP. The remainder of the work consists of: Junction Box.
The Project for which the Work under the Contract Documents may be the whole or only a part
is generally described as follows:
Gateway Business Park Drainage Improvements DR 96-02
"Fritz Warehouse" P.I.D.
Article 2. ENGINEER.
The Project has been designed by: Brockette- Davis Drake, Inc.
Contract administration will be provided by the City of Coppell Engineering Department who
is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all
duties and responsibilities and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the Contract
Documents.
1 -26
Standard Form of Agreement
Article 3. CONTRACT TIME.
3.1. The Work will be completed within 30 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.
3.2. Liquidated Damages. OWNER and CONTRACTOR recogize 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 daily (but not as a penalty) CONTRACTOR shall pay
OWNER Two Hundred Forty 00 /100 Dollars ($240) 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
93,512.00 The total tangible personal property cost included in the contract
sum is $48,500.00
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.
1 -27
Standard Form of Agreement
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.
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
1 -28
Standard Form of Agreement
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.
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 1 -26 thru 1 -31, inclusive).
8.2. Exhibits to this agreement (immediately following this Agreement, inclusive).
8.3. 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
1-41 thru 1-47).
8.7. Drawings entitled: "Gateway Business Park Drainage Improvements DR 96
8.8. The following listed and numbered addenda:
8.9. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 Bidding and
Contract Documents.
8.10. Documentation submitted by CONTRACTOR prior to Notice of Award.
1 -29
Standard Form of Agreement
8.11. 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.
8.12. 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.
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.
1 -30
Standard Form of Agreement
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 44 /i 0 7 3 19 9C
OWNER: City of Coppell
255 Parkway Boulevard
ppell, TX 75019
aC
Address for giving notices:
P.O. Box 478
Coppell, Texas 75019
Attn: Ken Griffin, P.E.
Assistant City Manager /City Engineer
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
CONTRACTOR: Superior Utilities, Inc.
2464 Manana
Dallas, Texas 75220
President
Address for giving notices:
2464 Manana
Dallas, Texas 75220
(If CONTRACTOR is a corporation, attach
evidence of authority to sign.)
1.1 Insurance Required
INSURANCE REQUIREMENTS
The Contractor shall not commence work under this contract until he has obtained all
insurance required under this paragraph and Item 1.26 of the North Central Texas
Standard Specifications for Public Works Construction as amended August 23, 1990, and
such insurance has been approved by the City, nor shall the Contractor allow any
subcontractor to commence work on this subcontract until all similar insurance of the
subcontractor has been so obtained and approved.
1.1.1 Compensation Insurance
The Contractor shall take out and maintain during the life of this contract Worker's
Compensation Insurance for all of his employees at the site of the project and in case any
work is sublet, the Contractor shall require the subcontractors similarly to provide
Worker's Compensation Insurance for all of the latter employees unless such employees
are covered by the protection afforded by the Contractor. In case any class of employee
engaged in hazardous work under this contract at the site of the project is not protected
under the Worker's Compensation statute, the Contractor shall provide and shall cause
each subcontractor to provide adequate and suitable insurance for the protection of his
employees not otherwise protected. The minimum amount of insurance shall be as
follows:
Each Accident $100,000
Disease Each Employee $100,000
Disease Policy Limit $500,000
1.1.2 Commercial General Liability Insurance
Contractor shall take out and maintain during the life of this contract such General
Liability Insurance (including explosion, collapses and underground damage coverage)
as shall protect him and any subcontractor performing work covered by this contract,
from claims for damages for personal injury, including accidental death, as well as from
claims for property damages, which may arise from operations under this Contract,
including blasting, when blasting is done on or in connection with the work of the
project, whether such operations be by himself or by any subcontractor or by any one
directly or indirectly employed by either of them. The minimum amount of Insurance
shall be as follows:
General Aggregate
Products Components/
Operations Aggregate
1 -32
$1,000,000
$1,000,000
Insurance Requirements
1.1.3 Automobile Liability Insurance
1.2 Protective Liability Insurance
Personal and Advertising Injury $600,000
Each Occurrence $600,000
Fire Damage (any one fire) $50,000
Medical Expense (any one person) $5,000
The Contractor shall take out and maintain during the life of this contract such
Automobile Liability Insurance for owned, hired and nonowned vehicles as shall protect
him and any subcontractor performing work covered by this contract. The minimum
amount of such insurance shall be as follows:
Combined Bodily Injury and
Property Damage
Bodily Injury
Bodily Injury
Property Damage
$600,000 per occurrence
$250,000 per person
$500,000 per accident
$100,000
The Contractor shall take out and maintain during the life of this contract an owners
protective liability insurance policy. Coverage shall be on an "occurrence" basis and the
policy shall be issued by the same insurance company that carries the contractors liability
insurance. The minimum amount of such insurance shall be as follows:
Combined Bodily Injury $600,000 per occurrence
and Property Damage $1,000,000 aggregate
1.3 Proof of Carriage of Insurance
The Contractor shall furnish the City with satisfactory proof of carriage of the Insurance
required by this section.
1.4 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.
1.5 CONTRACTOR intends that any policies provided in response to paragraph 1.2 shall
protect all of the parties insured and provide coverage for all losses and damages caused
by the perils covered thereby. Accordingly, all such policies shall contain provisions to
the effect that in the event of payment of any loss or damage the insurer will have no
1 -33 Insurance Requirements
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.
1.6 If OWNER has any objection to the coverage afforded by or other provisions of the
insurance required to be purchased and maintained by CONTRACTOR in accordance
with paragraphs 1.1 and 1.2 of on the basis of its not complying with the Contract
Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days
of the date of delivery of such certificates to OWNER. Failure by OWNER to give any
such notice of objection within the time provided shall constitute acceptance of such
insurance purchased by the CONTRACTOR as complying with the Contract Documents.
1 -34 Insurance Requirements
IMMtI
I PRODUCER
.Southwest Assurance Group, Inc
9400 N. Central Expwy., #1550
I Dallas, TX 75231 -5044
(214) 691 -5721 FAX 691 -4961
INSURED
I SUPERIOR UTILITIES, INC.
P.O. BOX 543145
DALLAS, TEXAS 75354 -3145
CO
ILTR
'A
TYPE OF INSURANCE
GENERAL UABLRY
B X COMMERCIAL GENERAL LIABLm
CLAIMS MADE X OCCUR
OWNERS CONTRACTORS PROT
X TCPP
X ENDT. CG 2503
AUTOMOBILE LIABLRY
X ANY AUTO
ALL OWNED AUTOS
rte~ SCHEDULED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
GARAGE UABLTTY
i
ANY AUTO
EXCESS LJABIUTY
X UMBRELLA FORM
1 OTHER THAN UMBRELLA FORM
WORMERS COMPENSATION AND
EMPLOYEIE UABSJTY
THE PROPRIETOR/
PARTNERSEXECUTNE
OFFICERS ARE:
X
CITY OF COPPELL
255 PARKWAY BLVD.
INCL
EXCL
OTHER
B BUSINESS AUTO
PHYSICAL DAMAGE
#C1- 16551743
#C1- 16551726
#C1- 16551760
#WC- 1- 16551712
#C1- 16551728
POLICY NUMBER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY TRANSCONTINENTAL INS. CO (CNA)
COMPANY VALLEY FORGE INS. CO. (CNA)
DATE (UUIDWYY)
7/22/199`
COMPANY CONTINENTAL CASUALTY CO. (CNA)
COMPANY TRANSPORTATION INS. CO. (CNA)
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED, NOTWITHSTANDING 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE
DATE (M M DDMY)
1044/95
10/14/95
10/14/9
1044/95
10/14/95
POLICY EXPIRATION
DATE (MINIEVYY)
10/14/96
10/14/96
10/14/96
10/14/96
10/14/96
'P.O. BOX 478
COPPELI, TX 75019
AUTHORIZED REPRESENTATIVE
GENERAL AGGREGATE
PRODUCTS COMP/OP AGO
PERSONAL ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (My one fire)
MED EXP (My one person)
COMBINED SINGLE LIMIT
BODLY INJURY
(Per person)
BODLY INJURY
(Per accident)
PROPERTY DAMAGE
AUTO ONLY EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
EACH OCCURRENCE
AGGREGATE
RETENTION
X
EACH ACCIDENT
AGGREGATE
STATUTORY LIMITS
DISEASE POLICY LIMIT
DISEASE EACH EMPLOYEE
UNITS
s2,000,000.
$1,000,000.
$1,000,000.
81,000,000.
50,000.
s 5,000.
$1,000,000.
8
s2,000,000.
s2,000,000.
10,000.
:500,000.
$500,000.
:500,000.
COLL. DED. sum
SPECIFIED CA OF LOSS
DESCRIPTION OF OPERATIONSAACATIONMVEBCLE $/SPECIAL ITEMS
RE: BID Q0696 -02, GATEWAY BUSINESS PARK DRAINAGE IMPROVEMENTS -DR 96 -02
"FRITZ WAREHOUSE" P.I.D.; CITY OF COPPELL IS NAMED AS AN ADDITIONAL
INSURED WAIVER OF SUBROGATION IS IN THEIR FAVOR; *CANCELLATION CLAUSE
IS AMENDED TO INCLUDE "EXCEPT 10 DAYS NOTICE FOR NON PAYMENT OF PREM"*
SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE
E XPIRATION DATE THEREOF, THE ISSUING COMPANY WLL ENDEAVOR TO MAL
30 DAYS WRITTEN NOTICE TO THE CERTFICATE HOLDER NAMED TO THE LEFT,
B UT FALURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABLITY
OF ANY HIND UPON THE C ANY, ITS AGENTS OR REPRESENTATIVES.
STATE OF TEXAS
COUNTY OF DALLAS
PERFORMANCE BOND
1 -35
BOND #S- 21 -00 -48
POWER #202996
KNOW ALL MEN BY THESE PRESENTS: That SUPERIOR UTILITIES, INC.
whose address is 2464 Manana, Dallas, Texas 75220
hereinafter called Principal, and Union Insurance Co. of Providence
a corporation organized and existing under the laws of the State of Iowa 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 Ni nety Three Thousand Fi ve
Hundred Twelve and 00/ 100******* DOLLARS
93,512. 00**********) 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
22nd of July A.D. 19 96 which is made a part hereof by reference, for
the construction of certain public improvements that are generally described as follows:
Gateway Business Park Drainage Improvements DR 96-02
"Fritz Warehouse" P.I.D.
NOW,'1HEREFORE, 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.
Performance Bond
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 8
each one of which shall be deemed an original, this the 22'nd day of July
19 96.
PRINCIPAL
By:
Title:
SUW•IOR UT, LI IES, INC.
olffitg
Bil y aust
President
A 71, 4-4)
SURETY
UNION INSURANCE COMPANY OF PROVIDENCE
di/Ad
Charles K. Miller
Title: Attorney -In -Fact
ATTEST:
Susan L. Salazar
copies,
The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and
service of the process is:
NAME: Charles K. Miller. SOUTHWEST ASSURANCE GROUP, INC.
ADDRESS: 9400 N. Central Expressway, Suite #1550
Dallas, Texas 75231
NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's
name.
STATE OF TEXAS
COUNTY OF DALLAS
PAYMENT BOND
BOND #S- 21 -00 -48
POWER #202996
KNOW ALL MEN BY THESE PRESENTS: That SUPERIOR UTILITIES, INC.
whose address is 2464 Manana, Dal 1 as, Texas 75220
hereinafter called Principal, and Union Insurance Co. of Providence
a corporation organized and existing under the laws of the State of Iowa 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 Ninety Three Thousand Fi
Hundred Twelve and 00/ 100******* DOLLARS
93, 512.00 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 22nd of
July A.D. 19 96 which is made a part hereof by reference, for the
construction of certain public improvements that are generally described as follows:
Gateway Business Park Drainage Improvements DR 96-02
"Fritz Warehouse" P.I.D.
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
1 -37
Payment Bond
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work to be performed thereunder.
This Bond is given pursuant to the provisions of 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 8 copies,
each one of which shall be deemed an original, this the 22'nd day of July
19 96.
PRINCIPAL
UP
ERIOR UTI
By:
Billy Faust
Title: President
ATTES
TIES INC.
1 -38
SURETY
UNION I J N o SURANCECOMPANY OF PROVIDENCE
BY: L! L/ k t
Charles K. Miller
Title: Attorney -In -Fact
ATTEST:
Susan L. Salazar
The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and
service of the process is:
NAME: Charles K. Miller, SOUTHWEST ASSURANCE GROUP. INC.
ADDRESS: 9400 N. Central FxprPs. way, Siii tP #1990
Dallas, Texas 75231
NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's
name.
Payment Bond
STATE OF TEXAS
COUNTY OF DALLAS
MAINTENANCE BOND
BOND #S- 21 -00 -48
POWER #202996
KNOW ALL MEN BY THESE PRESENTS: THAT SUPERIOR UTILITIES, INC.,
2464 Manana, Dallas, Texas 75220 as Principal, and
Union Insurance Co. of Providence ,acorporationorganizedunderthe
laws of Iowa 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
Forty -Six Thousand Seven Hundred Fifty -Six Dollars and
Zero Cents 46 7 5 6.00 for the payment of which sum
will and truly be made unto said City of Coppell 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
Superior Utilities, Inc. has
this day entered into a written contract with the said Ci ty of Coppe 11
to build and constrict Gateway Business Park Drainage Improvements DR 96 -02
"Fritz Warehouse" P.I.D. which contract and the plans and specifications therein
mentioned, adopted by the C i ty of Coppe 11 are hereby expressly made a part
thereof as through the same were written and embodied herein.
WHEREAS, under the plans, specifications, and contract, it is provided that the
Contractor will maintain and keep in good repair, the work herein contracted to be done and
performed, for a period of two (2) years from the date of the acceptance of said work, and to
do all necessary repairs and/or reconstruction in whole or in part of said improvements that
should be occasioned by settlement of foundation, defective workmanship or materials furnished
in the construction or any part thereof or any of the accessories thereto constructed by the
Contractor. It being understood that the purpose of this section is to cover all defective
conditions arising by reason of defective material and charge the same against the said
Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be
subject to the liquidation damages mentioned in said contract for each day's failure on its' part
to comply with the terms of said provisions of said contract. Now, therefore, if the said
Contractor shall keep and perform its' said agreement to maintain said work and keep the same
in repair for the said maintenance period of two (2) years, as provided, then these presents shall
be null and void, and have 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 C i t y of Coppe 11 shall have and receive from
the said Contractor and its' principal and sureties damages in the premises, as provided; and it
1 -39
Maintenance Bond
is further agreed that this obligation shall be a continuing one against the principal and sureties,
hereon, and that successive recoveries may be and had hereon for successive branches until the
full amount shall have been exhausted; and it is further understood that the obligation herein to
maintain said work shall continue throughout said maintenance period, and the same shall not
be changed, diminished or in any manner affected from any cause during said time.
IN WITNESS WHEREOF, the said Superior Utilities, Inc. has
caused these presents to be executed by Billy Fa u s t
and the said Union Insurance Co. of Providence has caused these presents to
be executed by its Attorney in fact and the said Attorney in fact
Charles K. Miller has hereunto set his hand, the 22 nd day of
By:
July
PRINCIPAL
SUPE
R
Title: t resident
UTILITIES, INC.
au t
19 96
1-40
SURETY
UNION INSURANCE COMPANY OF PROVIDENCE
By:
Charles K. Miller
Title: Attorney -In -Fact
ATTEST: QC( J� "fml+� k }l—d
Susan L. Salazar
NOTE: Date of Maintenance Bond must not be prior to date of Contract.
Maintenance Bond
"0.:
4,
Olen KAUZLARIICH
WM
8 -28 -95
THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER
P.O. Box 712 Des Moines, Iowa 50303
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT
•KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation 4. Illinois Emcasco Insurance Company, an Illinois Corporation
2. Emcasco Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation
3. Union Insurance Company of Providence, a Rhode Island Company 6. American Liberty Insurance Company, an Alabama Corporation
hereinafter referred to severally as '`Company" and collectively as "Companies each does, by these presents, make, constitute and appoint;'
I JERRY A. KIKER, CHARLES K. MILLER, W. BERT DUCKETT, STEVE RICKENBACHER, DAVID OXFORD, REBECCA
THACKER, INDIVIDUALLY, DALLAS, TEXAS
its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a
similar nature as follows:
ANY AND ALL BONDS ISSUED IN UNION INSURANCE CGMPANY OF PROVIDENCE
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and aft of
the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
The authority hereby granted shall expire April 1, 1996 unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
This Power -of- Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the
second regularly scheduled meeting of each company duly called and held in 1990.
RESOLVED: The Chairman of the Board of Directors, the President, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall..
have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds
and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and
revoke the power and authority given to him. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of- attorney issued to them,
•to execute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other
writings obligatory in the nature thereof, and any such instrument executed by any such attomey -in -fact shall by fully and in all respects binding upon the Company.
Certification as to the validity of any power -of- attorney authorized herein made by an officer of Employers Mutual Casualty Company shall by fully and in all respects
binding upon this company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power -of- attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed`
NESS WHEREOF, The Compan!es have caused these presents to be signedch by their officers as shown, and the Corporate seals to be hereto affixed this
Z� day of March ,19 95
axgoo
trey
Seals
r rrr,
iNSGfq ,QP� +sa�O.OF �•4P�„�NSV9y
pP 2 �r i pPP.CJ9q 9 0 OPPOR4 yC
y S f z 1863: T 1953 o
c j, a s
I r•r u ,P *PAP t r fl p
L �N,oi,s.,. 1,• rl.�� X8,4
•,NSUflAry�,,'•,, ,,NSUR s r
,a C F pu a r,, C F QS ,.tarry,
,PP :4; p,P OR qt'', C Q OP P ORq (i
SEAL T a SEAL J 71
y SEAL
i .r.. O .y t^ S, ps; OAP
�O P: Q Ar HOP Y' at OWES■
S yr n w ql�.>- ,rr„p••
EMC Insurance Companies
Robb B. Kelley, Ch rman
of Companies 1,2,3 5
Notary Public
CERTIFICATE
Philip T. Varf Ekeren, Secretary
of Companies 1,2,3,5;
As tant Secretary of ompany 4
Bruce G. Kelley, C airman Donald;L Coug vier,
of Companies 8 6 V Assistant Secretary. Company 6
On this2Oth day of March AD 1995 before me a Notary Public in
and for Polk County, Iowa, personally appeared Robb B. Kelley, Philip T. Van Ekeren, Bruce
G. Kelley, and Donald L. Coughennower, who being by me duly sworn, did say that they are,
and are known to me to be the Chairman and Assistant Secretary, respectively, of each of The
Companies above: that the seals affixed to this instrument are the seals of said corporations;
that said instrument was signed and sealed on behalf of each of The Companies by authority
of their respective Boards of Directors; and that the said Robb B. Kelley, Philip T. Van Ekeren,
Bruce G. Kelley, and Donald L. Coughennower acknowledge the'executton of said instrument
to be the voluntary act and deed of each of The Companies.
My Commission Expires August ?8, 1995.
I, David L. Hixenbaugh of the Employers Mutual Casualty Company, do hereby certify that the foregoing resolution of the Boards of Directors by each of The
Companies, and this Power of Attorney issued pursuant thereto on March 20 1995
on behalf of Jerry A. Kiker, Charles K. Miller, W. Bert Duckett, Steve Rickenbacher, David Oxford.,
are true and correct and are still in full force and effect. Rebecca Thacker,
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 7 7 day of July 19' 6
Vice- President
"For verification of the authenticity of the Power of Attorney you may call (515) 280- 2689."
F o: n•. 7832 S. 94
CITY OF COPPELL
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.
ITEM 1.0 DEFINITIONS
SC -1.0
SUPPLEMENTARY CONDITIONS
TO THE
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
GENERAL PROVISIONS
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.
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."
1-41
Supplementary Conditions
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 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."
SC- 1.20.5
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.
1-42
suppkme„tary Cans
ITEM 1.22 CONTRACTORS RESPONSIBILITIES
SC- 1.22.5
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.
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 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.
1-43
Supplementary Conditions
ITEM 1.26 INSURANCE
SC- 1.26.6
Add the following new item:
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:
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, 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
1-44
Supplementary Conditions
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."
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 TEST
The Contractor is required to pay for all testing.
1-45
Supplementary Conditions
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".
ITEM 1.49 OWNER'S. 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
1-46
Suppkmentary Conditions
procedure may not be used, however, for materials which do not become a part of the
finished product. For example, equipment rentals, form materials, etc. are not considered
as becoming "incorporated" into the project).
Utilization of this "separated contract" approach eliminates the need for bidders to figure
in sales tax for materials which are to be incorporated into the project. The successful
bidder's bid form will be used to develop the "separated contract" and will determine the
extent of the tax exemption. Upon execution of the construction contract, the contractor
shall furnish a breakdown (per item) of 1) materials incorporated into the project; and 2)
labor, equipment, supervision and materials not incorporated into the project.
SPECIFIC PROJECT REQUIREMENTS
SECTION 2
SECTION 2
SPECIFIC PROJECT REOUIREMENTS
The construction specifications which apply to this project are the Standard Specifications for
Public Works Construction North 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 3 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.
2 -2 Specific Project Requirements
SECTION 2 SPECIFIC PROJECT REQUIREMENTS
1.1 OWNER: The "Owner" as referred to in these Specifications is the City of Coppell,
P.O. Box 478, Coppell, Texas 57019.
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 project is located in a 20' drainage easement South
of Gateway Boulevard and North of Cotton Road. The scope of work is as shown on
the construction plans and as stated in these specifications. Generally, the work shall
consist of the installation of 11 L.F. of 72" RCP, 144 L.F. of 66" RCP, 384 L.F. of 60"
RCP, 45 L.F. of various other sizes of RCP. The remainder of the work consists of:
Junction Box.
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.
2 -3 Specific Project Requirements
1.8 SOIL INVESTIGATION: A geotechnical investigation report has 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: The Contractor shall make arrangements with
an independent laboratory acceptable to the owner for all backfill compaction, concrete
and other testing as required by the construction plans and standard specifications. The
Contractor shall bear all related costs of tests, inspections or approvals. 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. Two copies shall be provided to the Owner
of all reports and laboratory test results. No separate payment shall be made to the
Contractor for the cost of geotechnical testing services which shall be considered
incidental to the project.
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.
2-4 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 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 carried on, in, or adjacent to, any street, alley, sidewalk, public right
of -way or public place, the Contractor shall at his own cost and expense provide such
flagmen and watchmen and furnish, erect and maintain such warning devices, barricades,
lights, signs and other precautionary measures for the protection of persons or property
as are required by law. The Contractor shall submit a traffic control plan to be
reviewed by the City prior to the beginning of work. 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 warning devices, barricades, signs, lights,
or other precautionary measures in protecting said property, and whenever evidence is
found of such damage, the Engineer may order the damaged portion immediately
2 -5
Specific Project Requirements
removed and replaced by and at the cost and expense of the Contractor. If the damages
are not corrected in a timely fashion, then the City shall have the right to repair the
damage and charge the cost back to the Contractor. All of this work is considered
incidental 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 PROJECT MAINTENANCE: The Contractor shall maintain, and keep in good repair,
the improvements covered by these plans and specifications during the life of the
contract.
1.19 CLEANUP:
During Construction. The contractor shall at all times keep the job site as free from all
material, debris and rubbish as is practicable and shall remove same from any portion
of the job site when it becomes objectionable or interferes with the progress of the
project.
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
2 -6 specific Project Requirements
SPECIAL PROVISION TO
STANDARD SPECIFICATIONS
FOR CONSTRUCTION
SECTION 3
SPECIAL PROVISIONS TO
STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
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:
(b) 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 "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."
3 -2
Special Provisions
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 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 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.
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
3 -3
Special Provisions
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."
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."
3-4
Special Provisions
DESCRIPTION OF PAY ITEMS
SECTION 4
SECTION 4 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.
Pay Items 1, 2, 3, 4, 5, 6, 7, 11, 13, 14 and 16:
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 #8 Wye Connections
This pay item shall consist of construction of laterals to the main storm sewer system
(STA 0 12, 1 56, 3 04, 4 22 and 5 08). The measurement and payment
shall be on the basis of the bid price each and shall be total compensation for furnishing
all materials, tools, equipment, labor and any incidentals necessary to complete the work.
Pay Item #9 Existing Pipe to Structure Connection
This pay item shall consist of the connection of the existing 2 60" RCP (STA 0 00)
to the proposed Juncton Box. The measurement and payment shall be on the basis of the
bid price each and shall be total compensation for furnishing all materials, tools,
equipment, labor and any incidentals necessary to complete the work.
Pay Item #10 Existing Pipe to Pipe Connection
This pay item shall consist of the connecton of the existing RCP laterals (STA 0 12,
existing 36" RCP, 3 04, 5 08) which terminate at the 20' easement line to the
proposed main storm sewer. The measurement and payment shall be on the basis of the
bid price each and shall be total compensation for furnishing all materials, tools,
equipment, labor and any incidentals necessary to complete the work.
Pay Item #12 Junction Box
This pay item shall consist of the construction of the junction box which connects the
existing 2 60" RCP to the proposed 72" RCP. The measurement and payment shall be
on the basis of the bid price of lump sum and shall be total compensation for furnishing
all materials, tools, equipment, labor and any incidentals necessary to complete the work
per lump sum.
Pay Item #15 Fill for Channel
This pay item shall consist of the placement of fill (includes 15 loss factor) to enclose
the existing channel. The measurement and payment shall be on the basis of the bid
price of cubic yard and shall be total compensation for furnishing all materials, tools,
equipment, labor and any incidentals necessary to complete the work per cubic yard.
4 -2
Description of Pay Items
TRENCH SAFETY
SPECIFICATIONS
FOR THE
"FRITZ WAREHOUSE"
REGISTERED PROFESSIONAL ENGINEER
CITY OF
COPPELL, TEXAS
Prepared for
SUPERIOR UTILITIES
TREN -TECH COMPANY
2560 ELECTRONIC LANE #104
DALLAS, TEXAS
214 357 -6621
I have reviewed this Trench Safety Plan and find that its recommendations and
procedures conform to OSHA guidelines and regulations. The calculations
herein are consistent with generally accepted engineering practice.
(ALL A d--
DATE
f 1
WILLIAM P. PRICg
'a% 22399 C
i
i�FS••�!STE1
r
1.1
General. These specifications cover the basic requirements for shoring and/or sloping of
excavations for the installation of STORM DRAINS for "FRITZ WAREHOUSE" in the
CITY of COPPELL, TEXAS.
1.2 This specification addresses the safety of workers in a trench excavation and does not, in
any way relieve the Contractor of his responsibility and liability to ensure the safety of the
project and workers.
1.3 It is not the intent of these specifications to specify every detail and procedure of the
trenching/shoring operations; nevertheless, they shall conform to the high standards of
engineering and of safe trench excavation.
1.4 The personnel protection systems shown in these specifications have been designed based
on information obtained from the project drawings and specifications.
1.5 In accordance with Revised OSHA (Appendix A to Subpart P effective March 2,1990),
the Contractor's "Competent Person" will conduct the required Soil Classification Tests.
If soils other than those previously identified are found, this specification will be revised.
During construction, the Contractor's "Competent Person" will monitor the soil
classification as required by OSHA 1926.
1.6 Contractor shall be responsible for selecting the appropriate safety system option shown in
these specifications, depending on trench depth and soil conditions.
1.7 The protection of existing structures and utilities which may be affected by these trench
excavations is beyond the scope of this report (See Sect.4.2)
1.8 The Contractor must identify a "Competent Person" in the Contractor's firm responsible
for performing inspections of the excavations to ensure that expected subsurface
conditions are present. NOTE -This person must be "Competent" as described in OSHA
1926.650(b).
1.9 It is the Contractor's responsibility to ensure that all excavation work and site conditions
are within the regulations as established by OSHA. Any property damage or bodily injury
(including death) arising from the use of these specifications, from the Contractor's
negligence in performance of contract work, or from Owner's failure to note exceptions to
these specifications shall remain the sole responsibility and liability of the contractor.
1
4.5.1 During excavation, the exact location of existing underground installations shall be
determined by the Contractor, and when uncovered, proper precautions and supports shall
be provided so as not to cause a hazard to the workmen or the project.
4.5. Daily inspections of the excavations shall be made by the Competent Person If there is
evidence of possible cave -ins or slides, all work in the excavation shall cease until the
necessary precautions have been taken to ensure the safety of the workmen and the trench.
Note -This person must be "Competent" as described in OSHA 1926.650. Excavations
shall be inspected after every rainstorm or other hazard- increasing occurrence to ensure
safety of the workmen and the trench.
4.5.3 Excavated material shall be stockpiled a distance away from the trench, so as not to affect
the trench stability. The Contractor's means and methods will determine the distance. As a
minimum to protect the workmen from falling debris, the toe of the stockpiled soil shall be
no closer than two(2) feet from the edge of the excavation.
4.5.4 All precautions must be made to prevent surface water from entering the trench
excavation. Adequate drainage must be provided in the area adjacent to the excavation.
4.5.5 Operation of heavy equipment adjacent to the edge of the trench may cause instability.
The Contractor is responsible for the means and methods of excavation, and therefore, for
loads imposed on the trench excavation and shoring design.
4.5.6 The Contractor must take precautions to protect the face of the excavation from exposure
to excessive drying, water, or freezing.
4.5.7 Water shall not be permitted to stand in the bottom of the trench and suction pumps of
adequate capacity shall be installed to ensure that such standing water is removed.
4.5.8 The Contractor shall provide a positive means of ensuring that hydrostatic pressure does
not build up behind the shoring or shields.
4.5.9 If a condition requiring the use of a different method of shoring is encountered, this
specification will be revised.
4.5.10 Remove shoring units from bottom to top as backfilling proceeds.
4.5.11 When backfill is within five(5) feet of the top of the trench, all shoring may be removed,
unless the trench conditions indicate a hazard.
4
STORM SEWER LINE "A"
LOCATION MAX. DEPTH
0 +00 TO 0 +04
0 +04 TO 0 +15
0 +15 TO 1 +59
1 +59 TO 5 +43
15.0
14.0
13.5
10.0
NOTES
CONST. JUNC. BOX
INSTALL 72" RCP
INSTALL 66" RCP
INSTALL 60" RCP
PROJECT LATERALS INLETS
The contractor shall use guidelines set forth in Option I for the construction of inlets on the above
referenced storm drain lines and use guidelines set forth in Option I or II for the installation of
related piping.
7
5.2.1 Trenches more than five(5) deep shall be shored, laid back to a stable slope, or some
other equivalent means of protection shall be provided where employees may be exposed
to moving ground or cave -ins. Trenches less than five(5) feet in depth shall also be
effectively protected when examination of ground indicates hazardous ground movement
may be expected
The Contractor will have Options I, II or III for providing such protection.
5.2.2 Lateral Earth Pressure: P We(H +Hq)
Assumed Soil: Clay
P= a uniformly distributed lateral soil pressure, in lbs. /ft
We= Effective Soil Weight, pcf(Use 45 psf Type "B" Soil)
H= Depth of excavation from top of supported bank to
bottom of excavation in feet.
Hq= Equivalent Height of Surcharge, in feet.
Reference OSHA Rules and Regulations -Part 1926 of 29 CFR
as amended by the Federal Register Volume 54, Number 209, October
31, 1989
Hq
I
H
k
1
C
C
C
WE 45
5.2.3 Option I The Contractor can use Slope as shown in the Option I section of the
specification. Applicable slopes may be obtained by either straight cut or benched method.
Vertical cuts for the benched method shall not exceed four(4) feet. Easement restrictions
may limit the use of this option. Option I is normally not permissible in paved street areas.
See Drawing Option I.
5.2.4 Option II The Contractor may use a Trench Shield as shown in the Option II section of
this specification. Requirements set forth in this Option shall include curricular trench
shield(s) and or manhole boxes. All slopes above trench shield(s) shall conform to
guidelines set forth in Option I. Trench shield(s) used on this project will be required to
carry a minimum "PSF" as specified. Certification of trench shield(s) or manufacture's
"tabulated data" shall be available for verification during construction. See Drawing
Option II.
5.2.5 Option III The Contractor can use Trench Shores as shown in the Option III Section of
this specification. Shores are to be installed as shown with horizontal spacing determined
by the depth of cut and soil type but shall not exceed 6 feet. See Drawing Option III. If
there is raveling of the trench wall, the contractor shall install plywood behind the shores
as shown on the Option III drawing.
8
TRENCH SAFETY SPECIFICATIONS
OPTION I
SLOPE
Spoil Material
H
3'6" Single Bench is
allowed in stiff clay
1' Minimum
Bench
The contractor may use the
benched method of "slope
H/V REQUIRED SLOPE PER SOIL TYPE
H/V 3 A to 1
H/V 1 to 1
H/V= 11/2 to1
H/V =2 to 1
Stiff clay less than 12 feet in depth (Type "A
Stiff clay or weathered limestone (Type "A" or "B
Silty clays or saturated material (Type "C
Fill material or loose soil.
NOTES
1. All trenches shall be dewatered as specified in 4.5.7
2. All slopes assume sufficient right -of -way exists.
3. All slopes shall be flattened an additional '/2 foot if an existing parallel utility line is
located within the horizontal distance equal to the depth of the new utility excavation.
4. No spoil or equipment shall be permitted nearer than 2 feet from the edge of the excavation.
5. A single 3' 6" vertical bench may be used in "stiff clay" only.
6. Exposed existing utility lines are to be supported.
9
TRENCH SAFETY SPECIFICATIONS
OPTION II
TRENCH SHIELD
Spoil Material
H
Sloped portions of the excavation shall
begin 18" below the top of the trench
shield(s) and conform to guidelines
set forth in Option I.
Trench shield(s) may be benched 2 feet
in "stiff clay
1' Bench is recommended
Requirements and methods stipulated
herein will apply to "manhole boxes"
and/or "circular shields" that have been
manufactured for personnel protection.
NOTES
1. Trench shields shall be inspected and be free of structural defects that may impair their proper function.
2. Trench shields shall be used in accordance with the manufacturer's guidelines and recommendations.
3. Trench shields shall be installed so as to prevent any lateral or other hazardous movement.
4. Personnel shall not be allowed in the trench shield during its installation or removal from the excavation.
5. When shield(s) are stacked, the upper shield shall be rated for its physical depth in the trench.
6. Trench shield(s) used on this project shall be rated to withstand anticipated "PSF" (left side of graph) for depth
of cut indicated below. Manufacture's tabulated data or certification shall be maintained on site.
800
750
700
650
600
550
500
450
400
350
300
5 Feet
7.5 Feet
10 Feet
10
12.5 Feet
15 Feet
TRENCH SAFETY SPECIFICATIONS
OPTION HI
SHORING
NOTES
11
Plywood installed behind
shores to prevent raveling.
1. Shores shall be double stacked when trench depths exceed nine (9) feet.
2. Maximum horizontal spacing for double stacked shores shall be five (5) feet.
3. Maximum allowable depth of cut for this Option shall be fourteen (14) feet.
4 Aluminum hydraulic shoring may be used in Type "A" or "B" soils only.
5. Maximum horizontal spacing of shores in Type "A" soil shall be 6 feet.
6. Maximum horizontal spacing of shores in Type "B" soil shall be 5 feet.
7. The contractor's competent person shall inspect shores and verify that they are in good working order.
8. The hydraulic shores shall have a minimum working pressure of 750 psi.
9. The contractor shall adhere to the shoring manufacturer's guidelines for use in trench excavations.
10. If there is evidence of raveling or caving the contractor is required to install 1 thick plywood or 3 thick
14 ply arctic white birch (Finnland form).
11. Spoil material will not be allowed nearer than 2' from the edge of the excavation