PA9601-CN 970128 CONSTRUCTION SPECIFICATIONS
AND
CONTRACT DOCUMENTS
,-. FOR
COPPERSTONE TK4IL
PROJECT # PA 96-01
FOR
THE CITY OF COPPELI.
NOVEMBER
1996
A(N)ltlk Ci=RTIFICATE OF INSORA ICE
02/10/97
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
CadenD. ead ~h .... l~r I.~_surance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
i HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. 3ox 1119 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Bedfor~, TX 76095 COMPANIES AFFORDING COVERAGE
AMaryland LIQyds Insurance company
pavement Constr& ~tnce, -~nc. BVal!ant Insurance Co.~pany
PO Box 535457 -
Grand Pra-'rie, TX 75053-5457 CNortkern Insurance _Company.of NY
DMary!and Insurance Company
COVERAGES
TH~ ~ TO CEF~IFY THAT THE POL~IES OF INSURANCE METED BEL(~W HAVE SEEN ~SUED TO THE INSUF~D NAMEDABOVEFORTHEPOUCYPERK)D
CERT, IF~AT~ MAY BE ISSUED OR MAY PERTAIN. THE ~SURANCE ~FFORDED BY THE PoUCIES DESCRIBED HERE~ IS SUBJECT TO ALL I~E TE~MS.
EXCLUSK)NS AND CONDUK)NS OF SUCH POL~IEB. UMUS SH(~N MAY HAVE BEEN REDUCED BY PAID CLA~B.
co ~ O;,NEURANCE ~UCY NUMDER UM~
;.TR DAT~ {MMIDOIYY) OAI~ (MMIDDIY~
A OENERALUABILITY EPA29579753 07/01/96 07/01/97 9ENERACAGO_REGATE ~2 ~Q~Q~000
X C=~.'¥E~C=~5~E~__-_~-=_-~ Blar..kez Waiver ,~o~.c~s-cou~,oPaoo $1,0_00,00Q_
· .c.~,vs,;^=E_X cccu~ of Subro~at"_on* PeRSO."A:~CV'N.UR~ 31 0~00.,000
OWNER'E&C~%-RAC-OR'EPRO- EAC~ OCC%R-~E%CE $1 ~ 000_1000
X Blkc Addl Insd* *When Required by .~R;C~^e=-^.y~,.,r~),30O,000
X Blk-- 30Day ~OC* Wr-'-tten Contract ~EOEXP(A-y~p,r,o,) $10,000
B AU~OMOE,LEL,AmU~ WAA29637767 07/01/96 07/01/97
COUS~EOSNeC-=-~ $1,000,000
A.'.OW%EDA.TO$ *Wken Required by SODi_¥N.URv
. ._ SC.~ECU.EC ^u-os Written Con~rac~ pc- Get,o-) s
X Blk~ Addl --nsd*
X Blk: 30Day NCC* PROP~RTYOAMA6--- $
C _LX~ESeuAe,u~ UBAB586994O 07/01/96 ~7/01/97 ~AD,~C~CURRENOE _ ,10,--0_0_0,000
X U~OaE_LA:CaM AOeRESAT~ $~0, 000
C WORKERSOOMmENSATIONAND TC785869783 07/01/96 07/01/97 STA.TUTORY_.~IT$
EMPLOYER~ LIABILITY EACH AGC:DE&- __ $500 I 000
THE=aCaR~5-Oa; ~-NC; Blanke: Waiver of DISEASE-POLICVLI~' $5001000
OF=CSRSAaE: ~XC~ Subroca:"_on DISEAS~-EACk£~-OYEE S500_~ 000
OTHER ECA29584134 07/01/96 07/01/97 $250,000 Rented Equip
D Equipmen: Flcater
DESCRIPTION OF OPERATIDNS/LOOATIONS/VEHIOLES/SPEOIAL ITEMS
RE: Copperstone Trail, Project ~. PA 96-01, CoDpell TX
***Cancellation is cor. p!eted to read: Skould any of the above
(See A:tached Sckedule.)
CERTIFICATE HOLDER CANC~LLATIO#
.8MOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE
City cf Ccppell E)~IRATION DATETHEREQF, THEI~UINGCOMPANYWILLENDEAVORTOMAIL
C/O ~-~rchasi.q~(~ A~ent * * * DA¥SWR~TEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT,
2~5 ~arkway ~lvd. BUTFAtLURETOMAILSUOHNOTICEEHAL~IMPO~NOOBLI~ATIONORUABI~TY
Coppe 11, TX 7501 ~ OF ANY KiND U N THE COMPANY. lTD AOENT~ OR REPRE~TATIVE~
DESCRIPTIONS (C'ontin~ed from page !,)' ..-""
described policies be cancelled before the expiration date thereof, the
issuing company will endeavor to mail 10 Days written noticeto the
certificate holder named to the left, but failure to mail such notice '
shall impose no obligation or liability of any kind upon the company, its
agents or representatives.
CITY OF COPPELL
CHANGE OR EXTRA WORK ORDER
PROJECT:
Copperstone Trail Project # PA 96-01
CONTRACTOR: Pavement Construction & Maintenance
OWNER:
City of Coppell
CHANGE ORDER NO.: 1
DATE: 7/11/97
Item
1
2
CHANGE OR EXTRA WORK TO BE DONE
Description Quantity Unit
Addition to Trail 124 LF
w/compacted base &
apron
Remove / regrade 60 LF
replace sidewalk
Total Revision to Contract Amount
Unit Total
Price
85.00 $10,540.00
26.85 1,611.00
$12,151.00
Previous contract amount
Net increase in contract mount
Revised contract mount
Net increase in contract time of completion
Revised Contract time of completion
$ 48,842.45
$ 12,151.00
$ 60,993.45
N/A
N/A
The contractor hereby accepts this Contract adjustment as a final and complete adjustment in full
accord and satisfaction of all past and future liability originating under any clause in the Contract
by reason of this revision to the Contract.
fe;e Date: '7-I'1- q~
d by the City Engineer
~ Date: 7
Contractor
Ap oved by Director of Finance
~by~)~wn r~
e
Date:
Date:
TABLE OF CONTENTS
Section 1 -
Bidding and Contract Documents
Notice to Bidders
Instructions to Bidders
Proposal/Bid Forms
Prevailing Wage Rates
Standard Form of Agreement (Contract)
Certificate of Insurance
Instructions for Bonds
Performance Bond
Payment Bond
Maintenance Bond
Page #
1~1
1-2
1~3
1~13
1-21
1-22
1-29
1~30
1-31
1-33
1-35
Section 2 -
Section 3 -
Section 4 -
City of Coppell's Supplementary Conditions
to the NCTCOG Standard Specifications for
Public Works Construction
Special Provisions to Standard Specifications for Construction
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.
Specific Project Requirements
Description of Pay Items
2-1
2-9
3-1
4-1
SECTION 1
BIDDING DOCUMENTS
NOTICE TO BIDDERS
The City of Coppell is accepting bids for Copperstone Trail / PA 96-01. Specifications
may be obtained at a cost of $25.00 from the Purchasing Agent, 255 Parkway Blvd.,
Coppell, Texas 75019 or telephone (972)304-3698. Sealed bids addressed to the
Purchasing Agent, City of Coppell, Texas, for the construction of the Copperstone Trail/
PA 96-01 will be received in the Purchasing Office at the City of Coppell Town Center,
225 Parkway Boulevard, until 10:00 a.m., January 7, 1997 and then publicly opened and
read aloud. Each Bidder shall submit two identical copies of this bid with the City of
Coppell Bid No. Q-1196-02 designated clearly on the exterior of the bid envelope.
The Owner reserves the right to reject any or all bids and to waive formalities.
Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection
of any bid or bids. The Owner reserves the right to accept the alternate bid of a
Contractor that did not submit the lowest base bid. NO BID TRANSMITTED BY FAX
WILL BE ACCEPTED.
Bidders are expected to inspect the site of the work and to inform themselves regarding
local conditions and conditions under which the work is to be done.
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.
INSTRUCTIONS TO BIDDERS
Defined Terms.
Terms used in these Insauctions 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 direc~y 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, Insauctions to Bidders, the Bid Form, and the proposed Contract Documents
(including all Addenda issued prior to receipt of bids). Specific def'med 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.
Scope of Work.
This project is located generally north and west of the intersection of Denton Tap Road
and Parkway Blvd. More specifically it is north of the Copperstone Subdivision and south
of Denton Creek. Generally, the work shall consist of the consauction of a twelve (12)
foot wide concrete trail with three (3) foot shoulders and the necessary curing and filling
to meet the specified slopes adjacent to the trail.
Copies of Bidding Documents.
Complete sets of the Bidding Documents may be obtained from the Purchasing Agent at
the office of the City of Coppell, 255 Parkway Boulevard, Coppell, 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.
B)
After award of the Contract, the successful Bidder will be furnished five (S) sets
of Contract Documents at no charge. Additional sets over five (5) will be
I o 3 Bidding Documents
3.2
3.3
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.
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.
The Owner, in making copies of Bidding Documents available on the above tens, does
so only for the purpose of obtaining Bids on the Work and does not confer a license or
grant for any other use.
Qualifications of Bidden.
The~Bidder shalt~ubmit! wifi~in five-(5) days of the~Owner's request such evidence is 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.
Each Bidder shall be prepared to submit upon request of the Owner a balanced
financial statement with no evidence of threatening losses as evidenced liy an
I - 4 Bidding Documents
6.2
audited certified financial statement (current within the last six (6) months of bid
date). This information will be used to confhnn that the Bidder has suitable
financial stares 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.
Conflict of Interest.
City Charter states that no officer or employee of the City shall have a financial interest,
direct or indirect, in any conWact with the City, nor shall be financially interested, d'u~ctly
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 ContracWr represents that no employee or officer of the City has an
interest in the Contractor.
Examination of Contract Documents and Site.
i r is the responsibility of each Bidder
before submitting a Bid, to (a) examine the Contract Documents thoroughly, Co) 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.
Information and data reflected in the Contract Documents with respect to Underground
Facilities at or contiguous to the site is based upon information and data furnished to the
Owner by Owners of such underground Facilities or others, and the Owner does not
assume responsibility for the accuracy or completeness thereof. All existing structures,
improvements, and utilities shall be adequately protected, at the expense of the Contractor,
from damage that might otherwise occur due to construction operations. Where
I - 5 Bidding Documents
6.3
6.5
6.6
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.
Before submitfmg a Bid, each Bidder will, at Bidder's own expense, make or obtain any
additional exam'mations, 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 funfishing the Work in accordance with
the time, price and other terms and conditions of the Contract Documents.
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.
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.
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 funfishing 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.
Interpretations and addenda.
All questions about the meaning or intent of the Contract Documents are to be directed
to the Purchasing Agent. Interpretations or clarifications considered necessary by the
Purchasing Agent in response to such questions will be issued by Addenda mailed or
delivered to all bidders recorded as having received the Bidding Documents. Questions
received less than two days prior to the date for opening of Bids may not be answered.
Only questions answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect. Each Bidder shall
acknowledge on the bid proposal that all Addenda issued have been received.
1 - 6 Bidding Documents
7.2
8.2
8.3
10.
11.1
Addenda may also be issued to modify the Bidding DocumenLs as deemed advisable by
the Owner.
Contract Time.
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 requ'n'ed by the
Contractor's Proposal. The calendar day count shall commence ten (10) calendar days
after the date of the Notice to Proceed.
Prior to the issuance of the Notice to Proceed by the Owner, the Contracwr shall submit
a detailed Progress and Schedule chart to the Owner for approval.
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.
Liquidated Damages
Provisions for liquidated damages are set forth in the Contract. Liquidated damages for
this project are: One hundred and sixty dollars ($160.00) per day.
Substitute or "Or-Equal" Items.
The Contract, if awarded, will be on the basis of materials and equipmere 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.
Subcontractors, Suppliers, and Others.
If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or
organizations to be submitted to the Owner in advance of the specified date prior to the
Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder
so requested, shall within seven (7) days after the request submit to the Owner a list of
all such Subcontractors, Suppliers and other persons and organizations proposed for those
portions of the Work for which such identification is requested. Such list shall be
accompanied by an experience statement with pertinent information regarding similar
projects and other evidence of qualification for each such Subcontractor, supplier, person
or organization if requested by the Owner. If the Owner, after due investigation, has
reasonable objection to any proposed Subcontractor, Supplier, other person or
organization, 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
1.7 Bidding Documents
11.2
12.
12.1
12.2
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.
No Contractor shall be required to employ any Subcontractor, Supplier, other person or
organization against who ContracWr has reasonable objection.
Bid Proposal.
Two (2) completed Bid Proposals must be submitted in a sealed envelope as described in
._ Item ,15.. The blankspaces in th~,Bid-Fonll-shal[~.ftlled in _fo!: 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.
The legal stares 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 thefew a power of attorney
evidencing authority to sign the bid in the name of the person for whom it is signed.
If the bid is made by a firm or partnership, the name and post office address of the
managing member of the firm or partnership shall be given or the bid may be signed by
an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the bid a
power of attorney evidencing authority to sign the bid, executed by the members of the
firm or partners.
13. Provision Concerning Escalator Clauses.
Bids containing any condition which provides for changes in the stated bid prices due to
increase or decrease in the costs of materials, labor, or other items required for this
project, may be rejected and returned to the Bidder without being considered.
l - 8 Bidding Documents
4.
16.1
16.2
17.
Estimates of Quantifies.
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 ContracWr only for the actual
quantifies 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.
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 January 7, 1997, and then publicly opened and
read aloud. Two identical copies of the bid enclosed in an opaque sealed envelope and
marked with the Project title, City of Coppell Bid No. Q 1196-02 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, en,velope with the
notation "BID ENCLOSED Copperstone Trail - PA 96-01" on the face of it and addressed
to the Purchasing Agent, City of Coppell, Texas.
Modification and Withdrawal of Bids.
Bids may be modified or withdrawn by an appropriate documem 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.
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.
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, fn-m 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.
1 - 9 Bidding Documents
18. Bids to Remain Subject to Acceptance.
19.1
19.2
19.3
19.4
19.5
19.6
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.
Award of Contract.
The Owner reserves the right to reject any and all Bids, to waive any and all informalities
except for the time of submission of the Bid and to negotiate contract terms with the
Successful Bidder. The Owner also reserves the right to reject all nonconforming,
non-responsive, unbalanced or conditional Bids. Also, the Owner reserves the right to
reject the Bid of any Bidder if the Owner believes that it would not be in the best interest
of the Project to make an award to that Bidder, whether because the Bid is not responsive
or the Bidder is unqualified or has doubtful financial ability or fails to meet any other
pertinent standard or criteria established by the Owner. Discrepancies in the
multiplication of units of Work and unit prices will be resolved in favor of the unit prices.
Discrepancies between the indicated sum of any column of figures and the correct sum
thereof will be resolved in favor of the correct sum.
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.
The Owner may consider the qualifications and experience of any Subcontractors,
Suppliers, or other persons or organizations proposed for those portions of the Work as
to which the identity of Subcontractors, Suppliers, and other persons and organizations
must be submitted as requested by the Owner. The Owner also may consider the
operating costs, maintenance requirements, performance data and guarantees of major
items of materials and equipment proposed for incorporation in the Work when such data
is required to be submitted prior to the Notice of Award.
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.
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.
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.
I - 10 Bidding Documents
20. Execution of Agreement.
Within fifteen (15) days after written notification of award of the contract, the Successful
Bidder shall execute and furnish to the Owner three (3) original signed contracts and a
Certificate of Insurance.
21. Affidavit of Bills Paid.
Prior to final acceptance of this project by the Owner, the Contractor shall execute an
affidavit that all bills for labor, materials, and incidentals incurred in the project
construction have been paid in full, and that there are no claims pending.
22. Bid Compliance.
Bid must comply with all Federal, State, county and local laws. Contractor shall not hire
nor work any illegal alien.
Notice to Proceed.
Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the
Contractor requesting that he proceed with the construction. The Contractor shall
commence work within ten (10) calendar days after the date of Notice to Proceed.
24. Sales Tax.
The bidder shall not include or provide for sales tax on tangible personal property to be
incorporated into the project. In order to be exempt from the sales tax on such tangible
personal property, the contract shall separate and provide separate charges for materials
to be incorporated into the project from charges for labor. The City will provide the
Contractor with an exemption certificate for the materials. The contractor is expected to
issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder
shall show the cost of materials to be incorporated into the contract (tangible personal
property) in the space provided on the bid form. The successful bidders bid form will be
used to develop a separated contract and will determine the extent of the tax exemption.
Upon execution of the construction contract, the successful bidder shall provide a per item
breakdown of 1) materials incorporated into the project; and 2) labor, equipment,
supervision and materials not incorporated into the project.
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.
I - 11 Bidding Documents
26. Change Orders.
No oral statement of any person shall modify or otherwise change, or affect the terms,
conditions or specifications stated in the resulting contract. All change orders to the
contract will be made in writing by the Owner.
27. Assignment.
The Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or
in part, without the prior written consent of Owner.
28. Venue.
This agreement will be governed and construed according to the laws of the State of
Texas. This agreement is performable in Dallas County, Texas.
29. Maintenance Bond.
The Contractor shall provide a two year Maintenance Bond in the amount of 50% of the
value of the work at the completion of the project. The bond must be provided prior to
final payment by the City.
F'
I - 12 Bidding Documents
BID FORM
PROJECT IDENTIFICATION: Copperstone Trail - # PA 96-01 in Cormell. Tx.
BID OF Pavement Construction & Maintenance. Inc.
(NAME OF FIRM)
DATE January 6. 1997
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: Q 1196-02
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.
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.
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: X
Date: X
Rec'd: X
1 - 13 Bidding Documents
Co)
(c)
(d)
(e)
BIDDER has familiarized itself with the nature and extem of the ConWact
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.
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 Lmmediately preceding
sentence, CONTRACTOR shall have full responsibility with respect to physical
conditions in or relating to such structures.
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.
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.
I - 14 Bidding Documents
(f)
BIDDER has colTelated 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.
This bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement
or rules of any group, association, OrganiT~ltion 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, fLTll 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.
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.
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.
BIDDER will complete the Work for the following price(s):
I - 15 Bidding Documents
/ _ / II czi- Y)0/
, ,
_ ,
UNIT PRICE BID SCHEDULE
COPPERSTONE TRAIL PA 96 -01
BASE BID ) °). - Zb , b
Item Quantity Unit , Description and Price in Words Unit Total
No. 1 1 1, ZI Price Price
1 968.44 LF 12 foot wide 5" thick reinforced
concrete trail d
Complete in Place 1 5 4
Dollars jj
and Cents Q,S /
per LF. ` ii-C-
2 968.44 LF 18 foot wide 6" thick compacted 5
flexible base Z t che
Complete in Place '
Dollars 44
a
nd Cents L� 1
per LF.
3 220 LF 4" wide dashed - reflective yellow
strip
Complete in Place
Dollars fii f ; S 0 and Cents M 1
per LF.
4 16,600 SF Hydro Mulch
Complete in Place *05 AC ��
Dollars
and Cents
per SF.
1 ) — ) g `
et 54
1 I 1 3 .
l 71'34 S .
)o,o / 3
16 Bidding Documents
j)‘:: } Se-f )..00014fj .---- ) () ISM
UNIT PRICE BID SCHEDULE
COPPERSTONE TRAIL PA 96 -01
BASE BID
Item Quantity Unit Description and Price in Words Unit Total
No. Price Price
5 347 CY Excavated Material
(approximately 255 CY to Z a t r
be replaced to 95 % Standard
Proctor Density; approximately 4,217
92 CY to be removed from
the site)
Complete in Place
Dollars
and Cents
per CY.
4 ALIZIIIMwr--...
TOTAL BID ITEMS 1 thru 5 $ - --
TANGIBLE PERSONAL PROPERTY COST $ 4.
I
- e—v5?, -6>i- 1
1 - 17 Bidding Documents
C al h „ c Aza., s � -S o —
) bZ
nn c tAcAov, s4,4-01
Ke fl s0,10e S4zop
MC1:1v4.wrk Mat ih, 6b
Ct O
tP e w•-••■+ Cev.%f . Ma;N , 4 I3 642
1 9 ,
SYg
3; � ow w\a y+ 6-7 s 14- - �3 -
BID SUMMARY
TOTAL BASE BID ITEMS 1 thru 5
TOTAL PRICE
CALENDAR
DAYS
$ 48,842.45 45
In Words:
Forty-eight thousand. eight hundred fortv-two dollars and forty-five cents.
BIDDER agrees that all Work awarded will be completed within 45 Calendar Days.
Contract time will commence to run as provided in the Contract Documents.
Communications concerning this Bid shall be addressed to the address of BIDDER
indicated on the applicable signature page.
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).
The terms used in this Bid which are defined in the General Conditions of the
Construction Contract included as part of the Contract Docments 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.
SUBMITFED ON January 6, 1997.
I - 18 Bidding Documents
The undersigned certifies that the bid prices contained in this bid have been ca~fully
reviewed and are --.,:~mitted as correct and final. Bidder further certifies and agn~ to funlimb
any and/or all commodities upon which prices are extended at the price offe~, and upon the
conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of
this bid will be '~ c- calendar days froth the date of the bid opening. (Period of
ac~-ptance will be ninety (90) calendar days unless otherwise indicat~l by Bidder.)
STATE OF 'q"e.-~,~ COUNTY OF
.... r the State of-,l~e~ ,
duly sworn, did depose and
"I, /_.--. O/',~'lr~ ~ am a duly"'authotized'
officer/agent for '~q-' J/l~r'-~/' rl~nd have been duly authorized to
execute the foregoing on behalf of the said ~ ~-,,d~: ~9~dr', O/x4 c..
Name of Finn
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 openira,_ of this bid.
Further, I certify that the Bidder is not now, nor has been for the past six (6) months, dixectly
or indirectly concerned in any pool, agreement or combination thereof, to conlzol the price of
services/commodities bid on, or to influence any individual(s) to bid or not to bid thereon."
Name and Address of Bidder:
Telephone: (qTZ)
Title: 4;P~_-~-,
by:
Signature:
Sam ~' Texas
Comm Ex~. 11-17-2000
SWORN to before me by the above named
on this the /-~,LJ:'I~ day of
Notary Public in and for the State of ~ l.,v/
1.19 Biddin8 Docs~me~s
If BIDDER IS:
/~ Individual
doing business as
(Individual's Name)
(Seat)
Business address
A P~wtnershio
(s~)
(FL, m Name)
(General Parmet)
A Cor~orat~~
(Corporation Name)
(Stat~ of Incorporation)
(Name of person ,uthori~ to sign)
Busivt~ss '~$ ~,f
Ph0n~ No. ~'?~- ~ t 4oo~ o
A Joint Venture
By
(Name)
(Address)
By
(Naane) (Address)
(Each joint venture must sign. The manner of signing for each individual. parmership and corporltion tha~ is a
partner to the joint venture should be in the manner indicated above.)
I - 20 Bidding Docuratnt$
CNA INSURANCE COMPANIES
BID BOND
KNOW ALL MEN BY THESE PRESENTS: That we
and
In the sum of
Pavement Consl~ucljoa and Maintenance, [nc. , Principal,
Continental Cuudty Company Surety, are held ~nd firmly bound unto
city orCoppdl
, Obllgee,
5% of Greatest Amount Bid Dollars ($ 5% of GAB )
for the payment of which we bind ourselves, our legal representatives, aucceasors and assigns,
Jointly and severally, firmly by these presents.
for
WHEREAS, Principal ha submitted or is about to submit a proposal to Obliges on a contract
Birds Fort Trail PN'k
NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within
such time as may be specified, enter into the contract In writing and give such bond or bonds as
may be specified In the bidding or contract documents with surety acceptable to Obliges; or if
Principal shell fall to do so, pay to Oblige the deegas which Obliges may suffer by reason of
such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to
remain In full force and effect.
Signed, sealed and dated 01/06/97
Pavement Const & Maintenance, Inc.
I~nn~nentnl C~m~nl~ .nrn~any
//-
~chael D. H~dfic~n Attomey-ln-Fact
,_ Continental Casualty Company
For All the Corn mitregrits 'lt~,u Make'
AN ILLINOIS CORORATION
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN.FACT
Know All Men by thoso Presents, That CONTIN ENTAL CASUALTY COMPANY. a corporation duly organized and existing under the laws
of the State of illinois, and having its principal office in the City of Chicago, and State of Illinois. and having its principal office in the City
of Chicago, and State of Illinois, does hereby make. constitute and appoint Wi 1 ] i am B. Cadenhead.
Jack E. Shreffler, Michael D. Henarickson. Individually
of Hurst, Texas
its true and lawful Attorney-in-fact with full power and authority hereby conferred to sign, seal and execute in its behalf Ponds, undertakings
and other obligatof~ instruments of similar nature
- In Unlimited Amount~ -
Form 1-23142-e
and to b nd CONT NENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were si ned by the duly
authorized officere of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority I~ereby given are
hereby ratified and confirmed.
This POwer of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directore
of the Company.
"Article IX--Execution of Documents
Section 3. ApPointment of Attorney-in-fact. The Chairman of the BOard of Directors. the President or any Executive, Senior or Group
Vice President may, from time to time. appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution
of c es of nsurance, Ponds, undertakings and other obligato instruments of like nature. Such attomeys-in-fect, sub'ect to the
ii:nt~t~tions set forth in their respective certificates of authority, shalll~ave full power to bind the Company their signature ~:r~execution
of any such nstruments and to attach the sea of the Com any thereto. The Chairman of the BOard ofb~irsctors the President or any
Executive, Senior or Group Vice President or the Board of ~irectors, may. at any time. revoke all power and authority previously given
to any attomey-ln-fact."
ThisPowerofAttomeyissignedandsealedb facsimlleunderandb the authodty of the foilowing Reeclution edopted by the BOard
of Directors of the Company at a meeting duly c~Yled and held on the l~h day of Febtuna/, 1993.
"Resolved, that the signaturs of the Prealdent or any Executive, SeniororGrou Vice Preaident and the seal of the Company may
any such Power or cert ticate beann such facs m e s gnaturs and seal shall be valid and binding on the Company. Any such Power
so executed and sealed and certifi~l by certificate so executed and sealed shall, with respect to any Pond or undertaking to which
it is attached, continue to be valid and binding on the Company."
CONTINENTAL CASUALTY COMPANY
Group Vice President.
On this 1st day of SQJ)tember ,19 93 , before me bereonally came
M.C. Vonnahme, to me known, who, being by me dul sworn. did dePose and sa: that he resides in the VIII of Downere Grove, State
of Illinois that he s a Group V ce President of CON~tlNENTAL CASUALTY COMPANY, the corporation des~;~l in and which executed
the above instrument that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that
it was so affixed pursuant to the said instrument is such co rate seal; that it was so affixed pursuant to authority given by the BOard
of Directors of samd corporation and that he signed his name tr~eersto pursuant to like authority, and acknowledges same to be the act and
deed of said corporation.
Said Company this A ,-3~ dayof
INV. NO.G'--~--ft'C
- - CNA Insurance Company
mm
IMPORTANT INFORMATION
FOR TEXAS POLICYHOLDERS
TO OBTAIN INFORMATION OR MAKE A COMPLAINT, YOU MAY CAI ,L
OUR TOLL-FREE TELEPHONE NUMBER
1-800-262=1113
mm
ALSO
YOU MAY CONTACT
THg TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION
ON COMPANIES, COVERAGES, RIGHTS, OR COMPLAINTS AT
1-800-252-3439
YOU MAY WRrrE
TEXAS DEPARTMENT OF INSURANCE
PO BOX 149104
AUSTIN, TX 78714-9104
FAX (S12-475-1~71)
PREMIUM OR CLAIM DISPUTES
Should you have a dispute concerning your premium or about a claim, you should comet
your agent or the company fast. If the dispute is not resolved, you may contact the Texas
Department of Insuran~.
ATTACH TInS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a pan or condition of the attached
document.
SECTION 00640 - LABOR CLASS/FICATION AND MINIMUM WAGE
The Ci~ of Copp~ll is the contracting agency for this construction projea. Th~ fol/owing
statute requires any contracting agency to specify. the generally prevail'ing't~te of wages tn
contracts that are bid.
Vernon 's Ttzas Ctvll Statutes- Article
'Construction of Publi~ Wotits in State and
Municipal or Political Subdivisions;
Wage Rate to be ~. ·
Pursuant m the requirements of rhi~ stand, the City of Coppell, has ascertained the following
rates of wa~u are paid to various cw,e~i~catione of workers in the It~ality of this project.
Not less than the ~oilowing hourly n__e~s_ shah be paid for the various cb-~if~io~t, of work
required by this project. Workers in classifications where rates ate not identi~ed shall be ~
not less than the general prevailing rate of "laborer" for the various clasalfications of work
therein listed.
The hourly rate for legal holiday and overtline work shall be not less tl~nn one and one-half (I
& 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 witIt ~
experience and skill of the worker but not at a rate not less than 60% of the journeyman's wage
as showu. At no time shall a journeyman supervise more than one (1) apprentice. All
apprentices shall be under the direct supervision of a journeyman working as a crew.
CLASSIFICATION HOURLY RATI~
CLASSIFICATION HOUIer.Y RATE
Air Tool Operator $7,554
Asphalt Raker 8.565
Asphalt Shovelet 8.255
BatchinS Plant Weigher 9.371
Batterboard Setter 8.920
Carpenter 9.447
Carpenter Helper 7.695
Concrete Finisher - Paving 9.345
Concrete Finisher Helper Paving8.146
Concrete Finisher - Structures9.058
Concrete Finisher Helper
Structures 7.494
Concrete Rubber 7.733
Electrician 12.761
Electrician Helper 8.436
Flagger 5.598
Form Builder - Su. ucntre~ 8.717
Form Builder Helper Structures7.550
Form Liner - Paving & Curb 8.913
Form Setter - Paving & Curb 8.686
Form Setter Helper Paving
& Curb 7,787
Form Setter - Structures 8.427
Form Setter Helper Structures7.356
Laborer - Common 6.402
Laborer - UtilRy 7.461
Manhole Builder 11.000
Mechanic 10.658
Mechanic Helper 8.345
Oiler 8.698
CLASSIFICATION ItOURT .Y I~,TE
Servicer 8.104
Painter - Structures 10.913
Painter Helper Structures 8.000
piledriver 7,500
Piledriver Helper 7.000
Pipe Layer 8.509
Pipe Layer Helper 7.037
Blaster 11.333
Blaster Helper 7,250
Asphalt DisU'ibutor Operator 8.404
Asphalt Paving Machine 9.053
Broom or Sweeper Opentor 7.908
Bulldozer, 150 lip & Leas 8.703
BuLldozer, Over 150 HP 9.160
Concrete Paving Curing Machine 8,213
Concrete Paving Finishing
Machine 9.453
Concrete Paving Form Grader 8.500
Concrete Paving Joint Machine 9.042
Concrete Paving Joint Sealer 7.350
Concrete Paving Saw 9.290
Concrete Paving Spreader 9.750
Paving Sub-Grader 9.000
Slipform Machine Operator 9.000
Crane, Clamshell, Backhoe, Derrick,
Dragline, Shovel Less Than
1 'h C.Y. 9.513
Crane, Clarashell, Backhoe, Derrick,
Dragline, Shovel lib C.Y.
& Over 10.517
Crusher or Screening Plant
Operator 9.500
Form Loader 12.000
Foundation Drill Operator Crawlet
Mounted 10.000
Foundation Drill Operator Truck
Mounted I l. 138
Foundation Drill Operator Helper
TrucWCrawler 8.688
Front End Loader 2Vz C.Y. & LestL823
Front End Loader Over 2n/z C.Y9.311
Hoist - Double Drum 8.917
Milling Machine Operator 6.650
Mixer (over 16 C.F.) 9.000
CLASSIFICATION HOUPLY RATR
Mher (16 C.F. & Less) 7.913
Mixer - Concrete Pa~ing 9:S00
Motor Grader Operator Fine
Grade 10.346
Motor Grade Operator 9.891
Pavement Marking Machine 6.4(B
Roller, Steel Wheel Plant -
MLx Pavements 8.339
Roller, Steel V~aeel Other Flatwheel
or Tamping 7.963
Roiler, Pne-matic, Self-Propelled 7.403
Scraper- 17 C.Y. & Less 8,138
Scraper - Over 17 C.Y. 8,205
Side Boom 7,793
Tractor - Crawlet Type 150 HP
& Less 8.448
Tractor - Crawlet Type Over
150 KP 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 Machine9.000
Reinforcing Steel Setter Paving9.218
Reinforcing Steel Setter Strucmre. sl 1.548
Reinforcing Steel Setter Helper8.665
Steel Worker - Structural 12.860
Sign Erector I 1.436
Sign Erector Helper 6.402
Spreader Box Operator 6.988
Barricade Servicer Zone Work 6.402
Mounted Sign Installer Permanent
Ground 6.402
Truck Driver - Single Axle Light 7.465
Truck Driver - Single Axle
Heavy 8.067
Truck Driver - Lowboy/Float 9.653
Track Driver - Transit Mix 7.507
Truck Driver - Winch 8.200
Vibrator Operator 7.060
Welder 10.459
Welder Helper 9.000
SECTION 1
CONTRACT
DOCUMENTS
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the c~ dayof ~'ct~x~e~, in
the year 199~by and between the CITY OF COPPELL, TEXAS, a munic~pal corporation
(hereinafter called OWNER) and Pavement Construction & Maintenance, 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 generally north and west of the intersection of Denton Tap Road and
Parkway Blvd. More specifically it is north of the Copperstone Subdivision and south
of Denton Creek. The work shall consist of the construction of a twelve (12) foot wide
concrete trail with three (3) foot shoulders and the necessary cutting and filling to meet
the specified slopes adjacent to the trail.
The Project for which the Work under the Contract Documents may be the whole or only a part
is generally described as follows:
Copperstone Trail
# PA 96-01
Article 2. ENGINEER.
The Project has been designed by the City of Coppell Engineering Department. Inspection
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.
1-23 Contract Documents
Article 3. CONTRACT TIME.
3. l. The Work will be completed within 45 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 recognize that time is of the
essence in this Agreement. They also recognize the delays, expense and difficulties
involved in proving in a legal or arbitration proceeding the actual loss suffered by
OWNER if the Work is not completed on time. Accordingly, instead of requiring any
such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay
(but not as a penalty) CONTRACTOR shall pay OWNER One hundred sixty dollars and
no/100 ($160.00) for each day that expires after the time specified in paragraph 3.1 for
Completion umil 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
$ 48,842.45. The total tangible personal property cost included in the contract sum is
$19,578.00.
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.
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
1-24 Contract Documents
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
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 ~25 Contract Documents
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 1-22 thru 1-28, 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 NCTCOG, Part 1: General Provisions (pages 2-1
thru 2-13).
8.7. Specifications bearing the title: *'Construction Specifications and Contract
Documents for Copperstone Trail - PA 96-01 for the City of Copp~ll".
8.8. Drawings entitled: "Copperstone Trail - PA 96-01".
8.9. The following listed and numbered addenda:
8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section I - Bidding and
Contract Documents.
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award.
8.12. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying, or supplementing the Contract Documents
1-26 Contract Documents
pursuant to Items 1.37 and 1.38 of the General Provisions.
8.13. The documents listed in paragraphs 8.2 et seq. above are attached to thi.~
Agreement (except as expressly noted otherwise above).
The Contract Documents may only be mended, 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 def'med 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 parreefs, 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.
1-27 Contract Documents
Article 10. OTHER PROVISIONS.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and
ENGINEER. All portions of the Contract Documents have been signed or identified by
OWNER and CONTRACTOR or by ENGINEER on their behalf.
This Agreement will be effective on January 28, 1997.
OWNER:
City of Coppell
255 Parkway Blvd.
BY:~
TITLE: /791~ o f
ATTEST: ~/~~ ~9~_~L/
CONTRACTOR:
Pavement Construction & Maintenance, Inc.
3324 Roy Orr # 200
Grand Prairie, TX 75050
ATTEST:
Address for giving notices:
P.O. Box 478
Coppell, Texas 75019
Attn: Ken Griffin, P.E.
Assistant City Manager/City Engineer
Address for giving notices:
7 /-co 7yoyo
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
(If CONTRACTOR is a corporation, attach
evidence of authority to sign.)
1-28
Contract Documents
Certificate of Insurance
After award of contract, Contractor will provide Owner With Certificate of Insurance which will
be executed and bound here with f'mal documents.
1-29 Contract Documents
General Instructions For Bonds
The surety on each bond must be a responsible surety company which is qualified to do
business in Texas and satisfactory to the Owner.
The name, and residence of each individual party to the bond shall be inserted in the
body thereof, and each such party shall sign the bond with his usual signature on the line
opposite the scroll seal, and if signed in Maine, Massachusetts or New Hampshire, an
adhesive seal shall be affixed opposite the signature.
If the principals are partners, their individual names will appear in the body of the bond,
with the recital that they are partners composing a fn'm, naming it, and all the members
of the fnva shall execute the bond as individuals.
The signature of a wimess shall appear in the appropriate place, attesting the signature
of each individual party to ~e bg.~id. ..... ~,,
If the principal or surety is a corporation, the name of the State in which incorporated
shall be inserted in the appropriate place in the body of the bond, and said instrument
shall be executed and attested under the corporate seal, the fact shall be stated, in which
case a scroll or adhesive seal shall appear following the corporate name.
The official character and authority of the person or persons executing the bond for the
principal, if a corporation, shall be certified by the secretary or assistant secretary
according to the form attached hereto. In lieu of such certificate, records of the
corporation as will show the official character and authority of the officer signing, duly
certified by the secretary or assistant secretary, under the corporate seal, to be true
copies.
The date of this bond must not be prior to the date of the contract in connection with
which it is given.
1-30 Contract Documents
m~
STATE OF TEXAS }
COUNTY OF DALLAS }
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That Pavement construction & Maint., Inc.
whose address is 3324 Roy. Orr Bl~qd, Grand Prairie, TX
bereinafter called Principal, and Continentia] Casualty Company ,
a corporation organized and existing under the laws of the State of Illinois , 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 Forty EiRht Thousand
Eight Hundred forty two DOLLARS
($ ha ~.~ nn ) in lawful money of the United States, to be paid in Dallas County,
Texas, f6r 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
28th ~.Of January , A.D. 19 97 , which is made a part hereof by reference, for
the construction of certain public improvemems that are generally described as follows:
Copperstone Trail
Project # PA 96-01
Bid No. Q 1196-02
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the plans, specifications and Contract documents during the original term
thereof and any extension thereof which may be granted by the Beneficiary, with or without
notice to the Surety, and during the life of any guaranty or warranty required under this
Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms,
conditions and agreements of any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the
Principal shall repair and/or replace all defects due to faulty materials and workmanship that
appear within a period of one (1) year from the date of final completion and final acceptance of
the Work by Owner; and, if the Principal shall fully indemnify and save harmless the
Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so
perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the
1-31 Contract Documents
Beneficiary may incur in making good any default or deficiency, then this obligation shall be
void; otherwise, it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue
shall tie 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, Vemon's Annotated Civil Statutes of the
State of Texas.
IN WITNESS WHEREOF, this instrument is executed in Triplicate
each one of which shall be deemed an original, this the 281h day of January
19 97.
copies,
PRINCIPAL SURETY
Title: ~e~',~ Title: ~ D. Hendr~ckson
' Hi '~
Attorney-~n-Fact
ATTEST: ATTEST:
The Resident Agent of the Surety in Dallas or Denton County, Texas, for delive~ of notice and
service of the process is:
NAME:
ADDRESS:
NOTE.' Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person 's
name.
1-32 Contract Documents
I
STATE OF TEXAS
COUNTY OF DALLAS
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That Pavement Constuction & Maint.. Inc.
whose address is 3324 Roy Orr Blvd, Grand Prairie, TX
hereinafter called Principal, and Continental1 C~.qu~l ~-y c~mp.ny ,
a corporation organized and existing under the laws of the State of Illinois , and fully
licensed to transact business in the State of Texas as Surety, are held and fmnly bound unto the
CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State
of Texas, bereinafter called "Beneficiary", in the penal sum of Forty Eight Thousand
Eight Hundred forty two DOLLARS
($ 48.842.00 ) 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 28th of
January , A.D. 19 97 , which is made a part hereof by reference, for the
construction of certain public improvements that are generally described as follows:
Copperstone Trail
Project No. PA 96-01
Bid No. Q 1196-02
NOW, THEREFORE, if the Principal shall well, tnsly 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 Coreract 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.,
1-33 Contract Documents
r-
accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work to be performed thereunder.
This Bond is given pursuant to the provisions of 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 Triplicate copies,
each one of which shall be deemed an original, this the 281h day of January ,
19 97.
PRINCIPAL SURETY
Mic~a/e~ D. Hendrickson
Title:
Attorney-in-Fact
ATTEST:
Sheila Gary
The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and
service of the process is:
NAME:
ADDRESS:
NOTE.. Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's
name.
1-34 Contract Documents
MAINTENANCE
STATE OF TEXAS
COUNTY OF DALLAS
KNOW ALL MEN BY THESE PRESENTS: THAT
Maint., Inc.
Continential Casualty Company
laws of Illinois
expressly acknowledge themselves to be held
City of Coppell , a Municipal
Forty Eight Thousand E~ght Hundred fe. ry rw,~
No/100 Cents ($ 48,842.00
will and truly be made unto said City of Coppell
Pavement Construction &
nsPrincipal, and
, a corporation organized under the
, as sureties, do hereby
and bound to pay unto the
Corporation, Texas, the sum of
Dollars and
), for the payment of which sum
, 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
Obligee, City of Copnell has
this day entered into a written contract with the said Principal, Pavement Const. & Maint., Inc.
tO build and construct Copperstone Trail, Project # PA 96-01
which contract and the plans and specifications therein
mentioned, adopted by the city of Coppell are hereby expressly made a part
thereof as through the same were written and embodied herein.
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 Obligee shall have and receive from
the said Contractor and its' principal and sureties damages in the premises, as provided; and it
1-35 Contract Documents
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 0bliRee, City of CoDDell has
caused these presents to be executed by principal, Pavement Const & Maint, Inc.
and the said Surety, Continental C~.qu~l ry Cn~,p~n has caused these presents to
be executed by its Attorney in fact ~"~ the said Attorney in fact
Michael D. Hendrickson , has hereunto set his hand, the 28th day of
January , 19 97
WITNESS:
SURETY
Micha~D. Hendrickson
Title:
Attorney-in-Fact
ATTEST:
Sheila Gary
NOTE: Date of Maintenance Bond must not be prior to date of Contract.
1-36
Contract Documents
L, onmlnental ~jasualty Uompany
CNA
For All the Commitments You Make~
AN ILLINOIS CORORATION
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men b these Presents That CONTINENTAL CASUALTY COMPANY a corporation duly organized and existing under the laws
of the State of Illinois, and having its principal off cen the Cty of Chicago, and ~tate of Illinois, and having its principal office in the City
of Chicago, and State of Illinois, does hereby make, constitute and appoint Wi 11 i am B. Cadenhead.
Jack E. Shreffler, Michael D. Hendrickson. Individually
of Hurst, Texas
itstrueand~awfu~Att~rney.in-factwithfu~~p~werandauth~rltyhembyc~nfermdt~sign~sea~andexecuteinits ~halfbonds, undertakings
'and otherobligatoryinstrumentsofsimilarnature
- In Unlimited Amounts -
and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were si ned by the duly
authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority ~ereby given are
hereby ratified and confirmed,
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors
of the Company.
"Article IX--Execution of Documents
Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group
V ce Prss dent may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution
of policies of insurance bonds undertakings and other obllgato instruments of like nature. Such attorneys-in-fact, sub act to the
~imitati~nssetf~rthintheirrespectivecertificates~fauth~rity~sha~avefu~p~wert~bindtheC~mpanyb theirsignatursan~execution
of any such nstruments and to attach the seal of the Corn any thereto. The Chairman of the Board of ~irectors the President or any
Executive, Senior or Group Vice President or the Board of ~irsctors, may, at any time, revoke all power and authority previously given
to any attorney-in-fact."
ThisPowerofAttomeyissignedandsealedb facsimileunderandb the authority of the followlng Resolution adopted by the Board
of Directors of the Company at a meeting duly c~/led and held on the l~th day of February, 1993.
"Resolved, that the signature of the President or any Executive, Senior or Grou Vice President and the seal of the Company may
be affixed by facs m e on any power of attorne ranted pursuant to Section 3 of/~fficle IX of the By-Laws, and the signature of the
Secretary or an Assistant Secrete and the sea~/oq the Company may be affixed by facsimile to any cedlficate of any such power and
any such power or cedificate bea~n such facsimile signature and seal shall be valid and binding on the Company. Any such power
so executed and sealed and ceffifle~ by certificate so executed and sealed shall, with respect to any bond or undertaking to which
it is attached, continue to be valid and binding on the Company."
State of Illinois
County of Cook } ss
CONTINENTAL CASUALTY COMPANY
'~ Group Vice President.
On this 1St day of September ,19 93 , before me personally came
M.C. Vonnahme, to me known who being by me dul sworn, did depose and sa: that he resides in the Villa · of Downers Grove, State
of Illinois that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, the corporation descried in and which executed
the above instrument that he knows the seal of sad Corporation; that the seal affixed to the said instrument is such corporate seal; that
t was so aff xed pursuant to the sad nstrument is such cor rate seal' that it was so affixed pursuant to authority given by the Board
of Directors of said corporation and that he signed his name t~eereto puF~uant to like authority, and acknowledges same to be the act and
deed of said corporation.
said Company this 28th dayef ~nua~?
Form 1-23142-B
.19 9 . ~
INV. NO.G*56623-C
CNA Insurance Company
IMPORTANT INFORMATION
FOR TEXAS POLICYHOLDERS
TO OBTAIN INFORMATION OR MAKE A COMPLAINT, YOU MAY CALL
OUR TOLL-FREE TELEPHONE NUMBER
1-800-262-1113
ALSO
YOU MAY CONTACT
THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION
ON COMPANIES, COVERAGES, RIGHTS, OR COMPLAINTS AT
1~800-252-3439
YOU MAY WRITE
THE TEXAS DEPARTMENT OF INSURANCE
PO BOX 149104
AUSTIN, TE 78714-9104
FAX (512-475-1771)
PREMIUM OR CLAIM DISPUTES
Should you have a dispute concerning your premium or about a da'tm, you should contact
your agent or the company first. If the dispute is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or condition of the attached
document.
SECTION 2
SUPPt~MENTARY CONDITIONS
to STANDARD SPECIFICATIONS
CITY OF COpPIzJl,
SUPPLEMENTARY CONDITIONS
TOTHE
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
GENERAL PROVISIONS
THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD GENERAL PROVISIONS
OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, NORTH
CENTRAL TEXAS, LATEST ADDITION, PREPARED BY THE NORTH CENTRAL TEXAS
COUNCIL OF GOVERNMENTS AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT
AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS
AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED.
ITEM 1.0 - DEFINITIONS
SC-1.0
Engineer: The word "Engineer" in these contract documents and specifications shall be
understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 478, Coppell, TX
75019, Engineer of the Owner, or such other representatives as may be authorized by said owner
to act in any particular position.
Owner The word "Owner" in these contract documents and specifications refers to the CITY OF
COPPELL acting through its authorized representatives.
Calendar Day: Add the following sentence to the end of the working days definitions: Hours
worked before 8:00 a.m. after 5:00 p.m., all weekends and holidays are subject to overtime.
Overtime request must be made in writing and approved by the City of Coppell. Seventy-two
hours notice required. All overtime incurred by the City for inspection services shall be paid by
the Contractor. If not paid, such cost may be deducted from partial payments.
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."
2-2
Supplementary Conditions to
Standard Specifications
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 them 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 Specificaflons, 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.
2-3
Supplementary Conditions to
Standard Specifications
If it is necessary to change or move the property of any owner or of a public utility,
such property shall not be moved or interfered with until authorized by the
ENGINEER. The right is reserved to the owner of any public utility to enter upon the
limits of the project for the purpose of making such changes or repairs of their property
that may be made necessary by the performance of this contract.
ITEM 1.22 - CONTRACTORS RESPONSIBILITIES
SC-1.22.5
Amend the first sentence of Item 1.22.5 by adding the following at the beginning of the sentence:
"If requested by Owner, Engineer or Contractor".
ITEM 1.24 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY
SC-1.24.2.1
Add the following new Item 1.24.2.1 immediately after Item 1.24.2:
1.24.2.1
Should CONTRACTOR cause damage to the work or property of any separate
Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER,
ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall promptly
attempt to settle with such other Contractor by agreement, or to otherwise resolve the
dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted
by Laws and Regulations, indemnify and hold OWNER, ENGINEER and 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.
2-4
Supplementary Conditions to
Standard Specifications
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 appwpriate 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 panics 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 manholes, street intersections or property lines 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 conformante of the completed Work as
it progresses with the requirements of the construction documents. Such checking by the Engineer
shall not relieve the Contractor of his responsibility to perform all Work in connection with
Contract Drawings and Specifications and the lines and grades given therein."
2-5
Supplementary Conditions to
Standard Specifications
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: LIOUIDATED 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
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 b/y changing "Contractor" to "Owner".
2-6
Supplementary Conditions to
Standard Specifications
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 stuck in a corporation involved, provided such stock ownership mounts to
less than one pement (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 pumhased 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 pumhased. The
contractor then receives an exemption certificate from the city for those mateddais. (This
procedure may not be used, however, for materials which do not become a pan 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
2-7
Supplementary Conditions to
Standard Specifications
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.
2-8
Supplementary Conditions to
Standard Specifications
SECTION 2
SPECIAL PROVISION
STANDARD SPECIFICATIONS
SPECIAL PROVISIONS TO
STANDARD SPECIFICATIONS
FOR PUBLIC WORK~ 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 I entitled "Proposal and Bid Schedule".
PART H: MATERIALS- DMSION 2
ITEM 2.1.5, TRENCH BACKFILL:
Co) 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)
paragraph:
Engineer."
Earth Bedding: Add the following sentence at the beginning of this
"Earth bedding will not be permitted without written approval of the
2 - I0
Special Provisions to
Standard Specifications
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 HI 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: "F. arth embedmerit 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, opfm~um 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
of the
of the
Amend the last sentence of the first paragraph, by striking the words: "90 percent
maximum dry density of such material." and replace with the words "95 percent
maximum dry density of such material, or as directed by Engineer.
PART V: DIVISION S- PAVEMENT AND SURFACE COURSES
ITEM 5.8.2. CONSTRUCTION METHODS
(e) Joints
(1) Expansion Joints: Delete the first paragraph and replace with the
following: "Expansion joints shall be installed perpendicularly to the surface and
centerline of the pavement. Expansion Joint material shall be redwood boards, 3/4-inch
in width, and extended through curbs. Expansion joints are to be installed at each end
of radius at street intersections. Expansion joints shall be equally spaced between
intersections with not less than one every 200 linear feet of pavement, unless otherwise
specified on the Plans or directed by the Engineer.
2-11
Special Provisions to
Standard Specifications
(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 fme mist, shall be used if water is needed for finishing
operations.,
(2) Hand. Add a new paragraph after first pangraph which reads as follows:
"Fog sprays powered by pressure pumps, and capable of covering the ent'nre area of
freshly placed concrete with a free 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 I00
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."
2 - 12
Special Provisions to
Standard Specifications
SECTION 3
SPECIFIC PROJECT
REQUIREMENTS
mama
SPECIFIC PROJECT REQUIREMENTS
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.
In addition, reference to the following shall be considered as referring to the specifications or
Method of Test as set forth by these organizations and shall be considered as part of the
Specifications when referenced.
A.A.S.H.T.O.
A.C.I.
American Association of State Highway
& Transportation Officials
American Concrete Institute
TX.DOT
Texas Deparhnent of Transportation
3-2
Specific Project Requirements
SPECIFIC PROJECT REQUIREMENTS
1.1
1.2
1.3
1.4
1.5
1.7
OWNER: The "Owner" as referred to in these Specifications is the City of Coppell,
P.O. Box 478, Coppell, Texas 57019.
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.
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.
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.
PROJECT DESCRIFrlON: This work shall consist of the construction of a twelve
(12) foot wide concrete trail with three (3) foot shoulders and the necessary cutting and
filling to meet the specified slopes adjacent to the trail.
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
Contragtor 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.
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.
SOIL INVESTIGATION: A geotechnical ix~vestigation report has not been prepared.
The Contractor shall visit the site and acquaint himself with the site conditions.
3-3
Specific Project Requirements
1.10
1.11
1.12
1.13
1.14
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.
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.
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.
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.
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.
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, communicating with the inspector 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
3-4
Specific Project Requirements
1.15
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.
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 imtallation 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 publicrs immediate approach to and tr~el 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. No lane shall be barricaded before
9:00 a.m. or after 4:00 p.m. The Contractor's responsibility for providing and
maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other
precautionary measures shall not cease until the project shall have been accepted.
If the Engineer discovers that the Contractor has failed to comply with the applicable
federal and state law (by failing to furnish the necessary flagmen, warning devices,
barricades, lights, signs or other precautionary measures for the protection of persons or
property), the Engineer may order such additional pmcantionary measures as required
by taw to be taken to protect persons and property, and to be reimbursed by the
Contractor for any expense incurred in ordering such additional precautionary measures.
In addition, the Contractor will be held responsible for all damages to the work and other
public or private property due to the failure of warning devices, barricades, signs, lights,
or other precautionary measures in protecting said property, and whenever evidence is
found of such damage, the Engineer may order the damaged portion immediately
removed and raplaced by and at the cost and expense of the Contractor. If the damages
am 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.
Specific Project Requirements
1.16 EXISTING UTILITIES. STRUCTURES AND OTHER PROPERTY:
1.17
1.18
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.
After commencing the work, use every precaution to avoid interferences with
existing underground and surface utilities and structures, and protect them from
damage.
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.
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.
To avoid unnecessary interferences or delays, the Contractor shall coordinate all
utility removals, replacements and consauction with the appropriate utility
company.
DRAINAGE: The Contractor shall maintain adequate drainage at all times.
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 m him and leave the site with
an appearance acceptable to the Engineer and the Owner. The Contractor shall
thoroughly clean all equipment and materials installed by him and shall deliver
over such materials and equipment in a bright, clean, polished and new-appearing
condition.
3-6
Specific Project Requirements
1.20
1.21
1.22
1.23
INSPECTION: The word "Inspection" or other forms of the word, as used in the
contract documents for this project sh~ll be understood as meaning an Owner' s agent will
observe the construction on behalf of the Owner. The agent will observe and check the
construction in sufficient detail to satisfy himself that the work is proceeding in general
accordance with the contract documents, but he will not be a guarantor of the
Contractor's performance.
DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps,
slashings, brush or other debris removed from the site as a preliminary to the
construction shall be removed from the property. Any required burning and disposal
permits shall be the sole responsibility of the Contractor.
All excavated earth in excess of that required for backfilling shall be removed from the
job site and disposed of in a satisfactory manner.
WATER FOR CONSTRUCTION: The Contractor shall make the necessary
arrangement for securing and transporting all water required in the construction,
including water required for mixing of concrete, sprinkling, testing, flushing, flooding,
or jetting. The Contractor shall provide water as required at his own expense.
GUARANTEE: All work shall be guaranteed against defects resulting from the use of
inferior materials, equipment or workmanship for a period of two (2) years from the date
of final completion and acceptance of the project.
3-7
Specific Project Requirements
SECTION 4
DESCRIFFION OF PAY ITEMS
D~SCRH'TIO~ OF PAY
This section includes comments concerning various Pay Items so that the contractor can fully
understand the scope of work involved in the Pay Item. Note: Any tn~fic control plan
required in Section 1-15 of the Specific Project Requirements is subsidiary to the price for the
various bid items.
Pay Item #1 - 12 foot wide 5 inch thick reinforced concrete trail:
This pay item shall consist of the construction of a 12 foot wide 5" thick 3000 psi
concrete trail. The reinforcing shall be #3's on 24" o.c. Spacing and construction of
joints shall conform to street paving details. The finish surface shall be nonskid, i.e.
broom or burlap finish.
Measurement and paymere shall be on the basis of the bid price per linear foot and shall
be total compensation for furnishing all materials, tools, equipment, labor and any
incidentals necessary to complete the work.
Pay Item #2 - 18 foot wide 6 inch thick compacted flexible base:
This pay item shall consist of the placement of compacted flexible base 18 foot wide and
6 inches thick as shown on the plans in accordance with Item 4.5 Flexible Base of the
NCTCOG Standard Specifications.
Measurement and payment shall be on the basis of the bid price per linear foot and shall
be total compensation for furnishing all materials, tools, equipment, labor and any
incidentals necessary to complete the work.
Pay Item #3 - 4 inch wide dashed reflective ydlow strip:
This pay item shall consist of the placement of a 4 inch wide reflective yellow stripe
along the center line of the 12 foot wide trail. The striping pattern shall be a strip-to-gap
ratio of 10 feet to 30 feet. The reflective paint shall conform to Item 2.9.1 of the
NCTCOG Standard Specifications.
Measurement and payment shall be on the basis of the bid price per linear foot and shall
be total compensation for furnishing all materials, tools, equipment, labor and any
incidentals necessary to complete the work.
Pay Item #4 - Hydromulch:
This pay item shall govern the furnishing and distribution of the wood fiber mulch,
seeding and fertilizing for hydromulching the areas on both sides of the proposed trail.
Measuremere and payment shall be on the basis of the price bid. All work and
acceptable material related to hydromulching per square foot shall be total compensation
for installing, watering and furnishing all labor, materials, tools, equipment and any
incidentals necessary to complete the work.
4-2
Description of Pay Items
For the hydromulch to be accepted, sprigs of seeds must be uniformly appearing over the
entire area of application wjthln 30 days Of date Of application. At that time, 50% of the
bid item can be paid. In addition to this requirement for acceptance, at the time of flna!
acceptance of the project, uniform grass coverage over all areas seeded must be evident;
in other words, there must be 100% coverage of grass at the tune of final acceptance.
Pay Item #5 - Excavated Material (including compacted fill and dirt removal):
This pay item shall consist of the excavation of about 347 cubic yards of d'nl and the
placement and recompaction to 95% Standard Proctor Density of about 255 cubic yards
of the total excavated to various locations along the trail. The remaining 92 cubic yards
shall be removed from the site. If approved by the Leisure Services Department, the dirt
may be spoiled near the northeast comer of Parkway Blvd. and Denton Tap Road (about
1.5 miles away). If not approved, it shall be the contractor's responsibility to find a
suitable site to spoil the dirt.
Measurement and payment shall be on the basis of the bid price per cubic yard of total
excavated material and shall be total compensation for furnishing all materials, 'tools,
equipment, labor and any incidentals necessary to complete the work. There shall be no
additional compensation for recompacting some of the excavated material and removal
of the surplus material.
4-3
Description of Pay Items