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PA9703-CN 970508F F F F F F F CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR ANDY BROWN PARK IMPR 0 VEMENTS FOR THE CITY OF COPPELL APRIL 1997 J E ] JONES & CARTER, INC. Consulting Engineers 12000 Ford Road, Suite 180 972/488-3880 Dallas, Texas 75234 Fax 972/488-3882 TABLE OF CONTENTS Section 1 - Bidding and Contract Documents Notice to Bidders .........................................................................1-1 Instructions to Bidders .......................................................1-2 thru 1-11 Bid Form .....................................................................1-12 thru 1-23 Prevailing Wage Rates .....................................................1-24 thin 1-26 Standard Form of Agreement (Contrac0 ............................... 1-27 thru 1-34 Performance Bond ..........................................................1-35 thna 1-36 Payment Bond ...............................................................1-37 thru 1-38 Maintenance Bond ..........................................................1-39 thru 1-40 City of Coppell's Supplementary Conditiom to the NCTCOG Standard Specifications for Public Works Construction ................................................1-41 thru 1-46 Section 2 - Specific Project Requirements .......................................2-1 thru 2-5 Section 3 - Special Provisions to Standard Specifications for Construction ....................................................................3-1 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 heroin. Section 4 - Description of Pay Items ..............................................4-1 thru 4-4 SECTION 1 BIDDING AND CONTRACT DOCUMENTS NOTICE TO BIDDERS The City of Coppell is accepting bids for THE ANDY BROWN PARK IMPROVEMENTS. Plans and specifications may be obtained from the offices of Jones & Carter, Inc., 12000 Ford Road, Suite 180, Dallas, Texas 75234, or telephone (972) 488-3880. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for The Andy Brown Park Improvements will be received in the Purchasing Office at the City of Coppell Town Center, 225 Parkway Boulevard, until 10:00 a.m. Tuesday, June 3, 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. Q0597-02 designated clearly on the exterior of the bid envelope. There will be a "Pre-bid" Conference conducted on May 22, 1997, 2:00 p.m. in the Coppell Town Center, 255 Parkway Boulevard in the Purchasing Depa~hnent. 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 pan of the finished product, such as, equipment rental or purchase, form materials, etc.). In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials (tangible personal property) in the space provided on the bid form. The successful bidder's bid form will be used to develop a separated contract and determine the extent of the tax exemption. Bidding and Contract Documents 1-1 INSTRUCTIONS TO BIDDERS 1. Defined Terms. Terms used in these Instructions to Bidders which are defmed in the Standard Specifications for Public Works Construction - North Central Texas Council of Governments 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, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are: Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "ENGINEER" is used in the specifications and Contract Documents, it shall be understood as referring to an authorized representative of Jones & Carter, Inc., 12000 Ford Road, Suite 180, Dallas, Texas 75234, (972) 488-3880. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. 2. Scope of Work. This project is located approximately 0.5 miles east of Denton Tap Road on Parkway Boulevard in Coppell, Texas. 3. Copies of Bidding Documents. 3.1 Complete sets of the Bidding Documents may be obtained from the Offices of Jones & Carter, Inc., 12000 Ford Road, Suite 180, Dallas, Texas for a non-refundable payment of $25.00. The following general requirements pertain to the Bidding Documents: A) No bidding documents will be issued later than four (4) days prior to the bid opening date. B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $15.00 per set. C) Bidding documents may be examined free of charge at the office of Purchasing Bidding and Contnct Documents 1-2 3.2 Complete sets of Bidding Documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretafions resulting from the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issued. 3.3 The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. 4. Qualifications of Bidders. The Bidder shall submit within five (5) days of the Owner's request such evidence as the Owner may require to establish his financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience. A list of all projects presen~y 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 by an audited certified financial statement (current within the last six (6) months of bid date). This information will be used to confn'm that the Bidder has suitable financial status to meet obligations incidental to performing the work. 1-3 Bidding and Contract Documents Technical Experience. The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. Proof that the bidder maintains a permanent place of business. 5. Conflict of Interest. City Charter states that no officer or employee of the City shall have a f'mancial interest, direct or indirect, in any contract with the City, nor shall be f'mancially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. 6. Examination of Contract Documents and Site. 6.1 Access to the site shall be from Parkway Boulevard. Prospective Bidders shall respect all improvements. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to the OWNER. 6.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in dose 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 1-4 Bidding and Contract Documents 6.3 6.4 6.5 6.6 made to allow for the proper installation. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. 7.2 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 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 furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Interpretations and addenda. All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be issued by Addenda mailed, faxed or delivered to all bidders recorded as having received the Bidding Documents. Questions received less than four 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. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. 8. Contract Time. 8.1 The time for completion in calendar days should be included on the Bid Form in the space provided. All work shall be complete within the calendar day count required by Bidding and Contact Documents 1-5 the Contractor's Proposal. The calendar day count shall commence ten (10) calendar days after the date of the Notice to Proceed. 8.2 Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule chart to the Owner for approval. 8.3 Extension of the contract time shall be based on a Change Order or written amendment as specified in Item 1.36 of the General Provisions. 9. Liquidated Damages. Provisions for liquidated damages are set forth in the Contract. Liquidated damages for this project are $120.00 per calendar day that the contractor is in default after the time stipulated in the contract for completing the work. 10. Substitute or "Or-Equal" Items. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or- equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. No substitutions should be considered dur'mg the bidding process. 11. Subcontractors, Suppliers, and Others. 11.1 If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, supplier, person or organization if requested by the Owner. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Bidding and Contract Documents 1-6 11.2 12. 12.1 12.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against who Contractor has reasonable objection. Bid Proposal. Two (2) completed Bid Proposals must be submitted in a sealed envelope as described in Item 15. The blank spaces in the Bid Form shall be filled in for each item for which a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions from the plans and/or specifications will be accepted unless authorized in writing by the Owner. The legal status of the Bidder, that is, as a corporation, parmership, 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 offme address, and the signature of the president or other authorized officer of the corporation, manually written below the corporate name in the following manner: "By " If the bid is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. If the bid is made by a finn or parmership, the name and post office address of the managing member of the faro 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 parmers. 13. Provision Concerning Escalator Clauses. Bids containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the Bidder without being considered. 14. Estimates of 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 Contractor only for the actual quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for in the Contract Documents. Bidding and Contract Documents 1-7 15. Submission of Bids. Bids will be received by the Purchasing Agent, and shall be submitted to the Purchasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 478, Coppell, Texas 75019 until Tuesday June 3, 1997, 10:00 a.m., 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-0597-02 and the name and address of the Bidder shall be submitted. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED - COPPELL ANDY BROWN PARK IMPROVEMENTS - BID NO. Q0597-02' on the face of it and addressed to the Purchasing Agent, City of Coppell, Texas. 16. Modification and Withdrawal of Bids. 16.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 16.2 If, within twenty-four hours after the Bids are opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified from further bidding on the work. 17. Rejection of Bids. Bids may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid from an individual, 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. 18. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid prior to that date. 19. Award of Contract. 19.1 The Owner reserves the right to reject any and all Bids, to waive any and all informalities except for the time of submission of the Bid and to negotiate contract terms with the Successful Bidder. The Owner also reserves the fight to reject all non- conforming, non-responsive, unbalanced or conditional Bids. Also, the Owner reserves the right to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or has doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in Bidding and Contract Documents 1-8 the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 19.2 In evaluating Bids, the owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, completion time, and other data, as may be requested in the Bid form or prior to the Notice of Award. 19.3 The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, performance dam and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 19.4 The Owner may conduct such investigations as the owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 19.5 If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. 19.6 If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of Award within ninety (90) days after the date of the Bid opening. 20. Execution of Agreement. Within ten (10) 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. Bidding and Contract Documents 1-9 23. Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction. The Contractor shall commence work within ten (10) calendar days after the date of Notice to Proceed. 24. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the ftme of purchase. The bidder shall show the cost of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the construction contract, the successful bidder shall provide a per item breakdown of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. 25. Silence of Specification. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. 26. Change Orders. No oral statement of any person shall modify or otherwise change, or affect the tens, 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. 1-10 Bidding and Contract Documents 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. 30. Alternate Bid Items. The Contractor shall prepare the bid in such a manner that items included as deductive prices in alternate bids shall be deducted at the same unit price as included in the base bid for the same items. Prices submitted that are different for deductive alternates from that contained in the base bid shall be disregarded and considered as the same as that in the base bid and total alternate bids revised accordingly. ?- 1-11 Bidding and Contract Documents BID FORM PROJECT IDENTIFICATION: Andy Brown Park Improvements in Coppell, Texas. BID OF DATE (NAME OF FIRM) THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) c/o Purchasing Agent 255 Parkway Boulevard P.O. Box 478 Coppelt, Texas 75019 CITY OF COPPELL BID NO: Q0597-02 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 Iratractions 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: Dam: Rec'd: NO: D ate: Rec'd: 1-12 Bidding and Contract Documents (b) (c) (d) (e) (f) (g) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 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 non-technical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. BIDDER has studied carefully all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site, which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. 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. BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 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. 1-13 Bidding and Contract Documents (i) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, faro or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. It is understood and agreed that the following quantifies of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. (j) It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for in the Contract Documents. (k) It is understood and agreed that items included as deductive prices in alternate bids shall be deducted at the same unit price as included in the base bid for the same items. Prices submitted that are different for deductive alternates from that contained in the base bid shall be disregarded and considered as the same as that in the base bid and total alternate bids revised accordingly. 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): 1-14 Bidding and Contract Documents UNIT PRICE BID SCHEDULE ANDY BROWN PARK IMPROVEMENTS BASE BID Item No. 1 2 7 Quantity 1 140 57 161 210 Unit L.S. L,Ss S.Y. S.Y. F.S.F. S.Y. L.S. Description and Price in Words Temporary Site Fencing Complete in Place Dollars and Cents Channel dewatering and silt removal in construction area. Dollars and Cents Concrete Channel Lining Complete in Place Dollars and Cents per square yard. Rock Channel Lining Complete in Place Dollars and Cents per square yard. Rock Channel Walls Complete in Place Dollars and Cents per face square foot. Pedestrian Path: Including all Concrete, Retaining Walls, and all Earthwork necessary Complete in Place. Dollars and Cents per square yard. Bermuda Hydromuleh Complete in Place Dollars and Cents Unit Price Total Price Bidding and Contract Documents 1-15 TOTAL BASE BID ITEMS 1 THRU 7 TANGIBLE PERSONAL PROPERTY COST Signature: 1-16 Bidding and Contract Documents Item No. 8 9 UNIT PRICE BID SCHEDULE ANDY BROWN PARK IMPROVEMENTS ALTERNATE BID NO. 1 Quantity unit Description and Price in Words Unit Price 157 S.Y. Pedestrian Path Complete in Place Dollars and Cents 1 L.S. Bermuda Hydromulch Complete in Place Dollars and Cents TOTAL ALTERNATE BID NO. 1 ITEMS 8 and 9 TANGIBLE PERSONAL PROPERTY COST $ $ Signature: Total Price 1-17 Bidding and Contract Documents UNIT PRICE BID SCHEDULE ANDY BROWN PARK IMPROVEMENTS ALTERNATE BID NO. 2 Item No. 7A Quantity Unit Description and Price in Words DEDUCT 1 L.S. 10 1 L.S. Base Bid Path Bermuda Hydromulch Complete in Place Dollars and Cents. Base Bid Path Bermuda Sod Complete in Place Dollars and Cents per square foot. TOTAL ALTERNATE BID NO. 2 ITEMS 7A and 10 TANGIBLE PERSONAL PROPERTY COST $ $ Unit Price Total Price Signature: 1-18 Bidding and Contract Documents TOTAL BASE BID In Words: BID SUMMARY TOTAL PRICE CALENDAR DAYS TOTAL ALTERNATE BID NO. 1 In Words: TOTAL ALTERNATE BID NO. 2 In Words: 1-19 Bidding and Contract Documents BIDDER agrees that all Work awarded will be completed within the sum of the Calendar Days for the Base Bid and any Alternate Bids awarded. 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 defmed in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City' s available funds. Should the City elect to delete any portion, the contract quantities will be adjusted accordingly. SUBMITTED ON ,19 Bidding and Contract Documents 1-20 The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be calendar days from the date of the bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwise indicated by Bidder.) STATE OF COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared who after being by me duly sworn, did depose and say: N~n~ of Fh~ foregoing on behalf of the said am a duly authorized office/agent for and have been duly authorized to execute the 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 opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirec~y concerned in any pool, agreement or combination thereof, to conUrol the price of services/commodities bid on, or to influence any individual(s) to bid or not to bid thereon." Name and Address of Bidder: Telephone: ( ) by: Title: Signature: SUBSCRIBED AND SWORN to before me by the above named on this the day of Notary Public in and for the State of 19 1-21 Bidding and Contract Documents IF BIDDER IS: An Individual By doing business as Business address A Partnership By Business address A Corporation By By (Corporate Seal) (Individuars Name) (Firm Name) (General parm~r) (Corporation Name) (State ofIncorpora~on) (Name ofperson aulhotiz~dtosign) trifle) Phone No. Phone No. (se ) (Seal) Attest (~cr~ty) Business address Phone No. 1-22 Bidding and Contract Documents A Joint Venture By (N~tme) (Address) By (Name)( Address) By (Name) (Address) By (Nanre) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a partner to the joint venture should be in the manner indicated above.) 1-23 Bidding and Contract Documents General Deuision ~s~her TX970060 Superseded General Decision No. TX960060 State: TEXAS Constructiun Type: BUI~ING Coun~(ies): ELLIS RQCK"N~T~. BU=LDING CONSTRUCTION PROJECTS (does not include single family homes and apaments up to and including 4 stories). Use current HIGHWAY GENERAL W/USE DETEI~r~NATZON FOR PAVING AND QT£LITIES INCIDENTALTO BUILDING CONSTRUCTION) Modification Number Publication Date 02/14/1997 TX970060 - i 02/14/1997 COUtFI~ ( i-es ): ELLIS ROCKW,~T.r. BRTX0005~ 05/01/1996 Rates Fringes BRI~RLAYERS 14,92 2,80 CARP0198A 05/01/1996 Rates Fringes CARI~i'eT~ 14.00 2.92 ELECO059B 06/'01/1996 Rates Fringes ELE~-~-~LECIAIqS 18,04 2,20+10% CABT.r. SPLICEi~S 19,84 2,20+10% ENGI0714B 06/01/1991 Rates Fringes DALLAS COUNTY Heav~ - hydraulic & conventional cranes 50 tons and over 14.65 2,60 Light - hydraulic & conventi;nal cranes up to 50 tons 13,65 2.60 ENGI0819B 06/01/1993 CRANES: Heavy - hydraulic & conventional cranes 50 tons and over Ra~es Fringes 16.20 3.30 Light - hydraulic & conventional cranes up =o 5~ tons 14.00 3.30 IRON0481G 06/01/1996 Rates Fringes IRONWORKE!~ 14,46 3,75 PLASOO61A 05/01/1993 TX970060 - 2 02/14/1997 Rates Fringes PLASTEP2P-~ 15.06 2.94 5FTX0669A 01/01/1995 Rates Fringes SPRINKLER FITTERS lS.25 SUTX2051A 11/01/1989 Rates ACOUSTICAL INSTALLEP~ 12.16 BRICNTF.NDERS 8.60 CEMENT MASONS 11.38 DRYWAT,T, HANGER$ 11.71 GLAZIERS 12.26 IRONWORr~, Reinforcing 10.33 LABORERS, ONS~IT~D (Excluding Landscape Laborers) 7.58 LATHERS 17.38 MECHANICAL INSULATORS -10.55 PAINTERS: ~rush & spray 10.76 Painters doing dryvall finishing only 10.42 pAPFRJ~NG~!RS 11-30 FZkAST~RTENDER~ 9,00 FLUH3ERS & PIFEFITTE~S (Including' HVAC Work} 12.80 FOWER EQUIP~F. NT OPERATORS: Backhoes 10.64 Front End Loaders 8.77 Roor~as 9.45 SHEET METAL WORK~ac~ (Including HVAC Work} 12.80 SOFT FLOOR LAYERS 13.13 TIL~ SETTr-gS 13.75 Fringes 1.30 1.10 2 1.30 1.04 1.00 2.20 2.20 1.63 1.41 1.04 2.05 Unlisted classifications needed for work not included within ~he scope of the classifications listed may be added after award only as provided in ~he labor standarSs contract clauses (29 CFR 5.5(a)(1)(v)). In the listing above, the "SU" designation means that rates listed under tha~ i~entifier do not reflect collectively bargained wage and fringe benefit rates. O~her designations indicate unions whose rates have been determined to be prevailing. WAG= DETERMINATION APPEALS FROC~SS TX970060 - 3 02/14/1997 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 1997 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and (herein. after called) CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants bereinafter 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: Andy Brown Park Improvements, city of Coppelt, Texas The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: The construction of concrete and rock channel lining, the construction of a pedestrian path, stone retaining walls, and stone channel walls. These items comprise the base bid. Alternate bids include a pedestrian path extension and sodding of disturbed areas. Article 2. ENGINEER. The Project has been designed by: Jones & Carter, Inc., 12000 Ford Road, Suite 180, Dallas, Texas 75234. Contract administration will be provided by Jones & Carter, Inc. who is bereinafter called ENGINEER and who is to act as OWNER' s representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIBOE. 3.1. The Work will be completed within __ 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 1.5 1 of the General Provisions. 1-27 Standanl Form of Agreement 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Item 1.36 of the General Provisions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for daily (but not as a penalty) CONTRACTOR shall pay OWNER for each day that expires after the time specified in paragraph 3.1 for Completion until the Work is complete. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 - Proposal and Bid Schedule. The contract sum shall be the mount of $ . The total tangible personal property cost included in the contract sum is $ Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 1.51 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated in Item 1.51.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 1.52 of the General Provisions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 1.51.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Item 1.51.4. 1-28 Standard Form of Agreement 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 thi,~ 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 entified 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 exist'rag Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 1.3, 1.20 and 1.21 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 1-29 Standant Form of AFeement 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 CONTRACTOR concerning the Work consist of the following: between OWNER and 8.1. This Agreement (pages 1-27 thru 1-33, inclusive). 8.2. Exhibits to this agreemere (immediately following this Agreement, inclusive). 8.3. Certificate of Insurance. 8.4. Notice of Award. 8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction, NCTCOG, latest edition. 8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 1- 40 thru 1-46). 8.7. Specifications bearing the rifle: "Construction Specifications and Contract Documents for Andy Brown Park Improvements for the City of Coppell." 8.8. Drawings entitled: "Construction of Andy Brown Park Improvements for City of Coppell, Dallas County, Texas (sheets 1 thxu 4)." 8.9. City of Coppell Construction Standards and Ordinances (incorporated herein by reference). 8.10. The following listed and numbered addenda: 8.11. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding and Contract Documents. 8.12. Documentation submitted by CONTRACTOR prior to Norice of Award. 8.13. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 1.37 and 1.38 of the General Provisions. 1-30 Standard Form of AFeement 8.14. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 1.37 and 1.38 of the General Provisions. Article 9. INSURANCE 9.1 INSURANCE REQUIRED: The Contractor shall not commence Work under this ConUract until he/she has obtained all insurance required under this paragraph and Item 1.26 of the North Central Texas Council of Governments Standard Specifications for Public Works Construction, and all amendments thereto, and such insurance has been approved by the City, nor shall the Contractor allow any Subcontractor to commence Work on his/her Subcontract until all similar insurance of the Subcontractor has been so obtained and approved. 9.2 COMPENSATION INSURANCE: The Contractor shall take out and maintain during the life of this Contract, Worker' s Compensation Insurance for all of his/her employees at the site of the project and in case any Work is sublet, the Contractor shall require the Subcomxactors similarly to provide Worker's Compensation Insurance for all of the latter employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this Contract at the site of the project is not protected under the Worker's Compensation statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection of his/her employees not otherwise protected. The amount of insurance shall be as follows: Each Accident $100,000.00 Disease Each Employee $100,000.00 Disease Policy Limit $500,000.00 9.3 COMMERCIAL GENERAL LIABII.ITY INSURANCE: Contractor shall take out and maintain during the life of this Contract such General Liability Insurance (including explosion, collapses and underground damage coverage) as shall protect him/her and any Subcontractor performing Work covered by this Contract, from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under this contract, including blasting, when blasting is done on or in connection with the Work of the Contract, whether such operations be by him/herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. The amount of insurance shall be as follows: 1-31 Standard Form of Agreement General Aggregate $1,000,000.00 Products - Components/Operations Aggregate $1,000,000.00 Personal and Advertising Injury $ 600,000.00 Each Occurrence $ 600,000.00 Fire Damage (any one fire) $ 50,000.00 Medical Expense (any one person) $ 5,000.00 9.4 AUTOMOBILE LIABILITY INSURANCE: The Contractor shall take out and maintain during the life of this Contract such Automobile Liability Insurance for owned, hired and non-owned vehicles as shall protect him/her and any Subcontractor performing Work covered by this Contract. The mount of such insurance shall be as follows: Combined Bodily Injury and Property Damage Bodily Injury Bodily Injury Property Damage $600,000.00 per Occurrence $250,000.00 per Person $200,000.00 per Accident $100,000.00 9.5 PROTECTIVE LIABILITY INSURANCE: The Contractor shall take out and maintain during the life of this Contract an owners protective liability insurance policy. Coverage shall be on an "occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. The amount of such insurance shall be as follows: Combined Bodily Injury and Property Damage $ 600,000.00 per Occurrence $1,000,000.00 per Aggregate 9.6 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the City with satisfactory proof of carriage of the Insurance required. Artidel0. MISCELLANEOUS. 10.1. Terms used in this Agreement which are defmed in Item 1.0 of the General Provisions will have the meanings indicated in the General Provisions. 10.2. No assignment by a party hereto of any fights 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. 1-32 Standard Form of Agreement 10.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligatiom contained in the Contract Documents. S~atldard Form of Agreement 1-33 Article 11. 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 Con~:act Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on OWNER: City of Coppell 255 Parkway Boulevard Coppell, TX 75019 CONTRACTOR: BY: BY: TITLE: TITLE: ATTEST: ATTEST: Address for giving notices: P.O. Box 478 Coppell, Texas 75019 Attention: Purchasing Dept. (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) Address for giving notices: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 1-34 Standard Form of Agreement STATE OF TEXAS COLrNTY OF DALLAS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whose address is , hereinafter called Principal, and , a corporation organized and existing under the laws of the State of , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of DOLLARS ($ ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditloned as follows: Whereas, the , Principal entered into a certain Contract with the City of Coppelt, the Beneficiary, dated the of , A.D. 19 , which is made a part hereof by reference, for the cortstmction of certain public improvements that are generally described as follows: Andy Brown Park Improvements Bid No. Q0597-02 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, ff the Principal shall repair and/or replace all defects due to faulty materials and wormhip 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 shah fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue 1-35 shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Article 5160 of Vernon's Pamotated 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 each one of which shall be deemed an original, this the __ day of 19 copies, SURETY By: By: Title: Title: ATTEST: ATTEST: The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person' s Performance Bond -- 1-36 PAYMENT BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That whose address is hereinafter called Principal, and , a corporation organized and existing under the laws of the State of , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of DOLLARS ($ ) in lawrid 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, fa-mly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, dated the of , A.D. 19 , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Andy Brown Park Improvements Bid No. Q0597-02 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be fried on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby 1-37 PmJment Bond waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Article 5160 of Vemon'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 each one of which shall be deemed an original, this the __ day of 19 copies, PRINCIPAL SURETY " By: By: Title: Ti~e: ATTEST: ATTEST: The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: ADDRESS: NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name. 1-38 Payment Bond STATE OF TEXAS COUNTY OF DALLAS MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and , a corporation organized under the laws of , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the , a Municipal Corporation, Texas, the sum of Dollars and Cents ($ ) , for the payment of which sum will and truly be made unto said , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. TIllS obligation is conditioned; however, that whereas, the said has this day entered into a written contract with the said to build and construct which contract and the plans were written and embodied herein. and specifications therein mentioned, adopted by the are hereby expressly made a part thereof as through the same WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work heroin 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' pan to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries Maintenance Bond 1-39 may be and had hereon for successive branches until the full amount shah have been exhausted; and it is further understood that the obligation heroin to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said has caused these presents to be executed by and the said has caused these presents to be executed by its Attorney in fact and the said Attorney in fact , has hereunto set his hand, the day of , 19 PRINCIPAL SURETY By: By: Title: Title: WITNESS: ATTEST: NOTE: Date of Maintenance Bond must not be prior to date of Contract. Maintenance Bond CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD GENERAL PROVISIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, NORTH CENTRAL TEXAS, LATEST ADDITION, PREPARED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. ITEM 1.0 ~ DEFINITIONS SC-I.O Engineer: The word "Engineer" in these contract documents and specifications shall be understood as referring to an authorized representative of Jones & Carter, Inc., 12000 Ford Road, Suite 180, Dallas, Texas, 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 shah have the same meanings used in the General Provisions. ITEM 1.15 - SURETY BONDS SC-1.15 Add following sentence to Item 1.15 (A): "Maintenance Bond shall be required in the amount of 50% of the cost of the public improvements for a 2 year period." ITEM 1.16 - NOTICE TO PROCEED SC-1.16 141 Supplementar~ Conditions Add following sentence to end of Item 1.16. Before Contractor starts the Work at the site, a conference artended by Conlxactor, Engineer and others as appropriate will be held to discuss the schedules referred to in Items 1.22.5, 1.28 and 1.51.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. ITEM 1.19 - PRIORITY OF CONTRACT DOCUMENTS SC-1.19 Add the following language at the end of the Item 1.19: "If there is any conflict between the provisions of the Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications, manuals or codes. In reference to the Contract Documents, plans shall govern over specifications.. 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: The Contractor may take borings at the site to satisfy hiramelf as to subsurface conditions upon prior approval of the Owner. 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. 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 uffiity 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 5upplementanjCondiffons 1-42 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. 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 shaH, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR. SC-1.26.7 Add the following new item: Supplementanj CondtHons 1-43 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 paxties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the sanle. 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 consreaction plans. Horizontal control shall be established from existing inlets, street intersections, property comers or other utilities indicated on the construction plans. The Contractor shall be responsible for establishing all lines and Fades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work professes 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 consauction documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and the lines and grades given therein." ITEM 1.33 - OTHER CONTRACTORS: OBLIGATION TO COOPERATE SC-1.33 Delete the last sentence of the second paragraph and substitute the following in lieu thereof: "In such event, Contractor shall be entitled to an extension of working time only for unavoidable delays verified by the Engineers, as provided in Item 1.36; however, no increase in the contract price shall be due the Contractor." 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 Supplementand Conditions 1-44 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 furst paragraph to delete "direction and expense of the Owner" and add the following "direction of the Owner and expense of the Contractor". Amend the last paragraph, first sentence by changing "Contractor" to "Owner". ITEM 1.49 - OWNER'S, EMPLOYEES OR AGENTS SC-1.49-2 Replace Item 1.49.2 with the following new paragraph: 1.49.2 Conflict of Interest City Charter states that no officer of the City shah have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership mounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. 145 Supplementary Conditions ITEM 1.58 - STATE AND LOCAL SALES AND USE TAXES SC-1.58 Delete Item 1.58 and substitute the following in lieu thereof: 1.58 Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty. It is still possible, however, for a contractor to make tax-flee purchase of tangible personal property 'which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the city for those materials. (This procedure may not be used, however, for materials which do not become a part of the finished product. For example, equipment rentals, form materials, etc. are not considered as becoming "incorporated" into the project). Utilization of this "separated contract" approach eliminates the need for bidders to figure in sales tax for materials which are to be incorporated into the project. The successful bidder's bid form will be used to develop the "separated contract" and will determine the extent of the tax exemption. Upon execution of the construction contract, the contractor shall furnish a breakdown (,per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materhls not incorporated into the project. 5upplementar~ Conditions 1-46 SECTION 2 SPECIFIC PROJECT REQUIREMENTS SECTION 2 SPECIFIC PROJECT REOUIREMENTS The construction specifications winch apply to this project are the Standard Specifications for Public Works Construction - North Central Texas prepared through the North Central Tens 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. 1.1 1.2 1.4 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 an authorized representative of Jones & Carter, Inc., 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, Tens shall apply. SITE: The Contractor shall limit his work to the area shown on the Project Drawings as within the limits of the City Park, and 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. The Contractor shall restrict heavy traffic to ingress to and egress from the site from Parkway Boulevard and shall conform to the Working Hours restriction in Paragraph 1.25 herein. PROJECT DESCRW'flON: This Contract consists of Improvements to Andy Brown Park in the City of Coppell, Texas. Project elements include the construction of concrete and rock lined channels, the construction of a pedestrian path, the construction of rock retaining walls, rock channel walls, and the restoration of adjacent grounds. As alternate bids: the construction of an additional pedestrian path and the replacement of hydromulch with sod. CALENDAR DAY COUNT: Calendar days shall be counted by the Engineer on the basis of the deftnAtion set out in the General Conditions of Agreement. The calendar day count shall be suspended upon receipt by the Engineer of a written request for final inspection. The calendar day count shall resume upon receipt by the Contractor of a written list of items necessary to satisfactorily complete the project. Tins process shall continue until such time as the project is accepted by the Engineer, and the Owner. The calendar day count will not be suspended or otherwise affected by use of completed portions or "substantial completion" of any of the project. 1.7 SAFETY PRECAUTIONS: The Contractor shah comply with all applicable laws 2-I 1.8 1.9 1.10 1.11 1.12 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. During all construction activities involving heavy equipment at the project site, the contractor shall erect and maintain temporary chain link site fencing to protect the public from construction operations and delineate the construction area. Such temporary fencing shall not be removed until all heavy construction operations have been completed and the contractor is nearing completion of the project. The Engineer and Owner shall work with the Contractor to define the limits of construction operations requiring temporary fencing. SOIL AND ENVIRONMENTAL INVESTIGATIONS: The Contractor may take borings at the site to satisfy himself as to subsurface conditions upon prior approval of the Owner. SURVEY AND FINISHED GRADES: Horizontal and vertical control is provided 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 nmrks. No separate payment shall be made to the Contractor for construction staking winch 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 backf'~l 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 writran 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 ex enses resulting from the termination of the Contract, but such expenses shall not exceed ~ ,000. 1.13 PRESERVATION OF TREES: Permission of the Engineer must be obtained for 2-2 1.14 1.15 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 Coraxactor shall have on the project at all times, as his agent, a competent English-speaking Superintendent capable of reading the plans and specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law to protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. No separate compensation will be paid to the Contractor for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law for the protection of persons or property. The Contractor shall assume all duties owned by the City of Coppell to the general public in connection with the general public's immediate approach to and travel through the work site and area adjacent to said work site. Where the work is carried on, in, or adjacent to, any street, alley, sidewalk, public right- of-way or public place, the Contractor shah 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'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 precaufionaW measures for the protection of persons or property), the Engineer may order such additional precaufiona~ measures as required by law to be taken to protect persons and property, and to be reimbursed by the Contractor for any expense incurred in ordering such additional precautionary measures. In addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of warning devices, barricades, signs, lights, or other precautionary measures in protecting said property, and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by and at the cost and expense of the Contractor. If the damages are not corrected in a timely fashion, then the City shall have the right to repair the damage and charge the cost back to the Contractor. All of this work is considered incidental and shall not be separate pay item. 2-3 1.16 EXISTING UTILITIES. STRUCTURES AND OTHER PROPERTY: 1.17 1.18 1.19 1.20 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 interference 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 remit of this operations. To avoid unnecessary interference or delays, the Contractor shall coordinate all utility removals, replacements and construction with the appropriate utility company. DRAINAGE: The Contractor shall maintain adequate drainage around and through the project area at all times. The Contractor shall be responsible for erecting, maintaining and removing any temporary facilities required to provide such drainage and the contract shall not be considered as complete until such temporary facilities are removed and permanent pond feature restored if modified during construction. 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. CLEANUP: During Construction. The contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site when it becomes objectionable or interferes with the progress of the project. Final. Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belonging to him and leave the site with an appearance 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. INSPECTION: The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner' s agent will observe the construction on behalf of the Owner. The agent will 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. 2-4 1.21 1.22 1.23 1.24 1.25 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. Burning shall not be allowed and any required 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. Excavated material from the waterway shall not be used within the park site for backfill or top dressing and shall be disposed of in an approved manner. Backfill material shall consist of dry select material excavated during construction or material imported to the site for such purposes. Silt excavated and removed from the pond shall be disposed of at the site indicated on the plans or other approved location. Said silt shall be spread in a single layer not to exceed 12 inches in depth over the disposal site and graded smooth unless approved otherwise by the Engineer. The contract shall not be considered complete until the disposal site is graded to a condition satisfactory to the Owner. 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. PROJECT SIGN: The Contractor shall famish and erect a project sign as shown on the plans prior to commencement of construction. The Project Sign shall be maintained during the duration of the project and removed upon final inspection and acceptance of the project by the City. The Project Sign shall be installed at the Parkway Boulevard end of the project and shall be visible from the roadway. WORKING HOURS: For the duration of this Contract, the Contractor shall limit heavy equipment operations on the Park grounds, in the vicinity of the park and in the surrounding neighborhood to the hours of 8:00 AM to 6:00 PM, Monday through Friday. All other construction operations shall be limited to the hours of 7:00 AM to 7:00 PM, Monday through Friday. The Contractor may request deviation from the designated working hours on a limited basis upon approval of the Engineer and Owner. 2-5 SECTION 3 SPECIAL PROVISION TO STANDARD SPECWICATIONS FOR CONSTRUCTION SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION These Special Provisions, modify, or supplement the Standard Construction Specifications of the North Central Texas Standard Specifications. All provisions which are not so modified or supplemcntexl remain in full force and effect, except payment shall be as established in Section 1 entitled "Proposal and Bid Schedule". PART H: MATERIALS- DIVISION 2 ITEM 2.1.6. RIPPAP OR STONE MASONRY: (a) General. Revised the furst sentence to read as follows: "All riprap and stone masonry for this project shall consist of random railsap stone or approved substitute consistent with other stone used in the project area placed in accordance with the specification for Mortar Riprap. Acceptable substitutes shah not include broken portland cement concrete." Rock type shall be approved by the Engineer prior to construction. (b) Materials and Dimensions (4) Mortar Riprap. Add the sentence: Mortar or concrete type shall be approved by the Engineer and shall conform to A.S.T.M. C 387-83. PART III DIVISION 3- SITE PREPARATION ITEM 3.1.2. CONSTRUCTION METHODS: Add the following sentence after the second sentence: The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer. ITEM 3.7.3. DENSITY: Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." 3-1 Special Provisions SECTION 4 DESCRIPTION OF PAY ITEMS SECTION 4 - DESCRIPTION OF PAY ITEMS This section includes comments concerning various Pay Items so that the Contractor can fully understand the scope of work involved in the Pay Items. 1. Construction No Pay Items: All work necessary for the orderly completion of the project, but not specifically included as a pay item in the Proposal, shall be considered subsidiary to the Contract and no separate or additional payment will be made therefore. For example, there shall be no separate payment for the following: (a) any curb, gutter or valley gutter replacement necessitated by damage during construction, (b) removal and replacement of any signs, (c) erosion control, (d) restoration of park grounds upon project completion, (e) temporary sanitary facilities for construction personnel, and (f) any required temporary water lines or other utilities, and (g) construction staking. 2. Construction Pay Items: Pay items as listed in the proposal shall be measured and paid for in accordance with the applicable measurement and payment paragraphs of the North Central Texas Council of Governments "Standard Specifications for Public Works Construction", unless modified by these special provisions. 2.1. Pay Item 1 - Temporary Site Fencing This item shall consist of the installation of temporary 6' chain link or approved equivalent fencing around the perimeter of the constraction site with locking gates. Fencing shall be installed prior to commencement of any heavy construction activities and maintained for the duration of heavy equipment operations. The contractor shah remove such temporary fencing upon completion of heavy construction operations. Measurement and Payment shall be on the basis of a lump sum and shall be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work. 2.2 Pay Item 2 - Channel Dewatering and Silt Removal This item shall consist of the work necessary to excavate accumulated silt from the existing channel and restore channel contours to the elevations shown on the plans. Silt shall be removed from the site and disposed of in an approved manner at the site shown on the plans or at an alternati'~e site as approved by the Owner and Engineer. The contractor shall restore park grounds to a condition equal to or better than that existing at the time of commencement of construction. Measurement and Payment shall be on the basis of a lump sum and shall be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work. 2.3 Pay Item 3 - Concrete Channel Lining This item shall consist of minimum 3000 psi concrete (at 28 days) reinforced and Description of Pay Items 4-1 constructed to the lines and grades as shown on the construction plans and in accordance with the North Central Texas Council of Governments" Standard Specifications for Public Works Construction". Payment shall include any excavation and backf'~l necessary for construction including, if necessary, the import of select backfill material. Measurement and Payment shall be on the basis of square yards of material furnished and installed and shall be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work 2.4 Pay Item 4 - Rock Channel Lining This item shall be constructed as shown on the construction plans and shall consist of random railsap stone installed and mortared in accordance with the North Central Texas Council of Governments "Standard Specifications for Public Works Construction". Payment shall include any excavation and backfill necessary for construction including, if necessary, the import of select backfill material. Measurement and Payment shall be on the basis of square yards of material furnished and installed and shall be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work. 2.5 Pay Item 5 - Rock Channel Walls These items shall be constructed as shown on the construction plans and shall consist of random milsap stone installed and mortared in accordance with the North Central Texas Council of Governments "Standard Specifications for Public Works Construction". Stone channel wall and stone retaining walls shall be tightly stacked and mortared and shall not include loose stones of any type. Rock shall match existing rock walls and channels in the project area and shah be as approved by the Owner and Engineer prior to construction. Payment shall include any excavation and backfill necessary for construction including, if necessary, the import of select backf'dl material. Measurement and Payment shall be on the basis of face square feet of material furnished and installed and shall be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work. 2.6 Pay Item 6 - Pedestrian Path This item shall consist of minimum 3000 psi concrete (at 28 days) reinforced and constructed to the lines and grades as shown on the construction plans and in accordance with the North Central Texas Council of Governments "Standard Specifications for Public Works Construction'. Payment shall include any excavation and backffil necessary for construction including, ff necessary, the import of select backfill material. Measurement and Payment shall be on the basis of square yards of material furnished and installed and shall be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work 2.7 Pay Item 7 - Bermuda Hydromulck This item shall consist of the placement of Bermuda hydromulch in areas of the park disturbed by construction activities including, but not limited to, consauction staging and Description of Pay Items 4-2 traffm areas, channel edges and any other areas disturbed by construction. Bermuda hydromulch shall be installed on loose topsoil and maintained in accordance with the North Central Texas Council of Governments "Standard Specifications for Public Works Construction". Contractor shall water and maintain until a healthy stand of grass covers all disturbed areas. Measurement and Payment shall be on the basis of a lump sum and shall be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work. 2.8 Pay Item 8 - Pedestrian Path This item shall consist of minimum 3000 psi concrete (at 28 days) reinforced and constructed to the lines and grades as shown on the construction plans and in accordance with the North Central Tens Council of Governments "Standard Specifications for Public Works Construction". Payment shall include any excavation and backfill necessary for construction including, if necessary, the import of select backfill material. Measurement and Payment shall be on the basis of square yards of material furnished and installed and shall be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work. 2.9 Pay Item 9 - Bermuda Hydromulch This item shall consist of the placement of Bermuda hydromulch in areas of the park disturbed by construction activities including, but not limited to, consreaction staging and traffic areas, channel edges and any other areas disturbed by construction. Bermuda hydromulch shall be instailed on loose topsoil and maintained in accordance with the North Central Texas Council of Governments "Standard Specifications for Public Works Construction .. Contractor shall water and maintain until a healthy stand of grass covers all disturbed areas. Measurement and Payment shall be on the basis of a lump sum and shall be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work. 2.10 Pay Item 10 - Bermuda Sod This item shall consist of the placement of Bermuda sod in areas of the park disturbed by construction activities including, but not limited to, construction staging and traffic areas, pond and channel edges, and any other areas disturbed by construction. Bermuda sod shall be installed on loose topsoil and maintained in accordance with the North Central Texas Council of Governments "Standard Specifications for Public Works Constraction". Contractor shall water and maintain until a healthy stand of grass covers all disturbed areas. Description of Pay Items 4-3 Measurement and Payment shall be on the basis of a lump sum and shall be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work. Clean-up of the site and disposal of excess material: Clean-up of the park site, disposal of excess material and clean-up of the disposal site shall be considered incidental to, and part of the bid prices without separate payment. 4-4 Description of Pay Items