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DR0002-CN011211 T H E: C I T Y 0 F COPP-ELL CONSTRUCTION SPECIFICATIONS And CONTRACT DOCUMENTS FOR MEADOWCREEK Drainage Project #DR 00-02 FOR THE CITY OF COPPELL OCTOBER 2001 TABLE OF CONTENTS Page # Section 1 - Bidding Documents Notice to Bidders 1-4 Instructions to Bidders 1-5 Proposal/Bid Schedule 1-15 Prevailing Wage Rates 1-24 Section 2 - Contract Documents Standard Form of Agreement (Contract) 2-2 Certificate of Insurance 2-8 Instructions for Bonds 2-9 Performance Bond 2-10 Payment Bond 2-12 Maintenance Bond 2-14 For this project, the Standard Specifications for Public Works Construction - North Central Texas, 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 Supplementary Conditions, Specific Project Requirements, General Notes or Description of Pay Items - included herein. Section 3 - City of Coppell's Supplementary Conditions 3-1 to the NCTCOG General Provisions _ Section 4 - Specific Project Requirements 4-1 Section 5 - Description of Pay Items 5-1 SECTION 1 BIDDING DOCUMENTS T H E G I T Y 0 F NOTICE TO BIDDERS The City of Coppell is accepting bids for the construction of the Meadowcreek Drainage Project - No. DR 00-02. Plans and Specifications may be obtained for a non-refundable cost of $25.00 from the Purchasing Agent, 255 Parkway Blvd., Coppell, Texas, or telephone (972) 304-3698. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for the construction of the Meadowcreek Drainage Project No. DR 00-02 will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, until 2:00 p.m., October 30, 2001, and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No. Q-0901-04 designated clearly on the exterior of the bid envelope. The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. The Owner reserves the fight to accept the alternate bid of a Contractor that did not submit the lowest base bid. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED. Bidders are expected to inspect the site of the work and to inform themselves regarding local conditions and conditions under which the work is to be done. Complete sets of bidding documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO OR MADE A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. (Note: This procedure may not be used, however, for materials which do not become a part of the finished product, such as, equipment rental or purchase, form materials, etc.). In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials (tangible personal property) in the space provided on the bid form. The successful bidder's bid form will be used to develop a separated contract and determine the extent of the tax exemption. BIDDING AND CONTRACT DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard Specifications for Public Works Construction - North Central Texas latest addition, as prepared by the NCTCOG and the Supplementary Conditions of Agreement have the meanings assigned to them in these General Conditions. The term "Bidder" means one that submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom the Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are: Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "ENGINEER" is used in the Specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized representative, City of Coppell, P.O. Box 478, Coppell, Texas 75019. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. 2. Scope of Work. The work shall consist of the extension of an existing 54" diameter pipe culvert with 175 linear feet of a 6'x5' box culvert between two houses along the south side of Meadowcreek Road, and drainage improvements necessary to provide for the local runoff. The proposed box will pass under an existing 12" diameter sanitary sewer aerial crossing. 3. Copies of Bidding Documents. 3.1 Complete sets of the Bidding Documents may be obtained from the Purchasing Agent at the office of the City of Coppell, 255 Parkway Boulevard, Coppell, Texas for $25.00. The following general requirements pertain to the Bidding Documents: A) No bidding documents will be issued later than two (2) days prior to the bid opening date. 1-5 Bidding Documents B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $15.00 per set. C) Bidding documents may be examined free of charge at the offices of the City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. 3.2 Complete sets of Bidding Documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issued. 3.3 The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. 4. Qualifications of Bidders. The Bidder shall submit within five (5) days of the Owner's request such evidence as the Owner may require to establish his financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience. A list of all projects presently under construction by the bidder including approximate cost and completion date shall be submitted upon request. B. Past Project Experience. The Bidder shall submit a list of comparable projects completed within the previous five years including approximate cost(s), quantities, and completion date(s). C. Equipment. The Bidder shall provide a list of equipment, which will be used on this project. The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if any, that he must rent/lease as may be required to complete this project. D. Financial. 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 1-6 Bidding Documents certified financial statement (cun'ent within the last six (6) months of bid date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. E. Technical Experience. The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. F. Proof that the bidder maintains a permanent place of business. 5. Conflict of Interest. City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly' or indirectly, in the sale to the City of any land, or fights 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 Meadowcreek Road. It shall be the contractors responsibility before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to' make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to the OWNER. 6.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner by Ovmers 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 nfight otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's _ responsibility to notify and cooperate with the utility or structure owner. The utility lines and 1- 7 Bidding Documents other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. 6.3 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 6.4 On request in advance, Owner will provide each Bidder access to the site to conduct explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former conditions upon completion of such explorations. 6.5 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract documents. 6.6 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 6, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and - conditions for performance and furnishing of the Work. 7. Interpretations and addenda. 7.1 All questions about the meaning or intent of the Contract Documents are to be directed to the Purchasing Agent. Interpretations or clarifications considered necessary by the Purchasing Agent in response to such questions will be issued by Addenda mailed or delivered to all bidders recorded as having received the Bidding Documents. Questions received less than two days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Each Bidder shall acknowledge on the bid proposal that all Addenda issued have been received. _ 7.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. 1-8 Bidding Documents 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 the Contractor's Proposal. The calendar day count shall commence ten (10) calendar days after the date of thc Notice to Proceed. 8.2 Prior to the issuance of the Notice to Proceed by thc 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: Two hundred and forty dollars ($240.00) per day. 10. Substitute or "Or-Equal" Items. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. 11. Subcontractors, Suppliers, and Others. 11.1 If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, supplier, person or organization if requested by the Owner. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, 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. 1-9 Bidding Documents If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. 11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against who Contractor has reasonable objection. 12. Bid Proposal. 12.1 Two (2) completed Bid Proposals must be submitted in a sealed envelope as described in Item 15. The blank spaces in the Bid Form shall be filled in for each item for which a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions from the plans and/or specifications will be accepted unless authorized in writing by the Owner. 12.2 The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated on the Bid Form. A corporation Bidder must name the state in which the organization is chartered. Bids which are signed for a corporation shall have the correct corporate name thereof, its post office address, and the signature of the president or other authorized officer of the corporation, manually written below the corporate name in the following manner: "By If the bid is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. If the bid is made by a firm or partnership, the name and post office address of the managing member of the firm or partnership shall be given or the bid may be signed by an attorney-in- fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members of the fn-rn or partners. 13. Provision Concerning Escalator Clauses. Bids containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, - may be rejected and returned to the Bidder without being considered. 14. Estimates of Quantities. The quantities listed in the Bid Form will be considered as approximate and will be used for .._ the comparison of bids. Payments will be made to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for _ in the Contract Documents. 1-10 Bidding Documents 15. Submission of Bids. Bids will be received by the Purchasing Agent, and shall be submitted to the Purch~ing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 478, Coppell, Texas 75019 until 2:00 p.m., October 30~ 2001 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. 0-0901-04 and the name and address of the Bidder - shall be submitted. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED Construction of: "Meadowcreek Drainage Project #DR 00-02" 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 fight to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid from an individual, firm or partnership, corporation or - association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. 18. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for 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. I- 11 Bidding Documents 19. Award of Contract. 19.1 The Owner reserves the right to reject any and all Bids, to waive any and all informalities except for the time of submission of the Bid and to negotiate contract terms with the Successful Bidder. The Owner also reserves the right to reject all nonconforming, non-responsive, unbalanced or conditional Bids. Also, the Owner reserves the right to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or has doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the - indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 19.2 In evaluating Bids, the owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit .prices, completion time, and other data, as may be requested in the Bid form or prior to the Notice of - Award. 19.3 The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to _ the Notice of Award. 19.4 The Owner may conduct such investigations as the owner deems necessary to assist in the evaluation of any Bid and to establish the responsibili¢', qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and fumish 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 fifteen (15) days after written notification of award of the contract, the Successful Bidder shall execute and furnish to the Owner three (3) original signed contracts 'and a Certificate of Insurance. I- 12 Bidding Documents 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 incun'ed in the project construction have been paid in full, and that there are no claims pending. 22. Bid Compliance. _ Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. 23. Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction. The Contractor shall commence work within ten (10) calendar days after the date of Notice to Proceed. 24. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost _ of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the - construction contract, the successful bidder shall provide a per item breakdown of' 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. 25. Silence of Specification. - The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. _ 26. Change Orders. No oral statement of any person shall modify or otherwise change, or affect the terms, _ conditions or specifications stated in the resulting contract. All change orders to the contract will be made in ~witing by the Owner. 1-13 Bidding Documents - 27. Assignment. The Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Owner. 28. Venue. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Dallas County, Texas. 29. Maintenance Bond. The Contractor shall provide a two year Maintenance Bond in the amount of 50% of the value of the work at the completion of the project. The bond must be provided prior to final payment by the City. 1 - 14 Bidding Documents BID FORM PROJECT IDENTIFICATION: Meadowcreek Drainage Project DR 00-02 in Coppell, Texas BID OF R-CON, INC DATE 10/30/2001 (NAME OF FiPdvl) THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) c/o Purchasing Agent 255 Parkway Boulevard P.O. Box 478 Coppell, Texas 75019 CITY OF COPPELL BID NO: Q- 0901-04 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price _ ~ and within the Contract Time indicated in this Bid and in accordance with the other terms [ii and conditions of the Contract Documents. - [ 2. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other - documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. - I 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, fi, at: i (a) BIDDER has examined copies of all the Bidding Documents and of re following i Addenda (receipt of all which is hereby acknowledged): _ . No: [ i Date: ~ Rec'd: I o 15 Bidding Documents (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations _ that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or _ opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. BIDDER has studied carefully all drawings of the physical conditions in or relating to - existing surface or subsurface structures on the site, which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. I- 16 Bidding Documents (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed _ person, finn or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham _ Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. (.j) It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for in the Contract Documents. 4. It is understood and agreed that all work under this contract will be completed within the bid calendar days. Completion date will be established in the Notice to Proceed. 5. BIDDER will complete the Work for the following price(s): 1-I 7 Bidding Documents MEADOWCREEK DRAINAGE PROJECT # DR 00-02 UNIT PRICE BID SCHEDULE Iterr Quantity Unit Description and Price in Words Unit No. Total I-I 1 LS Clearing and Grubbing '--" All work fully performed for the and ... 77o-- - Cents ~_ per lump sum. I-2 175 LF Cast-In-Place 6'x5' Concrete Box Culvert C ~ ' omp,ete ~n place for the sum of and .... ,r? 0 Cents per linear foot. I-3 1 EA Headwall, Wingwalls, and Apron Complete in place for the sum of' and .. ~ 7~0 Cents per each. I-4 40 LF Pedestrian Railing Complete in Place for the sum of and ?') {5 Cents _ per linear foot. I-5 1 EA 2 - Grate Inlet Complete in place for/the,sum o(.., and ~ o Cents per each. I-6 I EA Manhole - Type M Comolete in plats for the s~uz~m_~~ a~d -'~__~ Cents -(~, per each. I- 18 Bidding Documents MEADOWCREEK DRAINAGE PROJECT # DR 00-02 UNIT PRICE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit Total No. Price Price I-7 3 LF 18" (Class III) RCP Including embedment and backfill. Complete in place for the sum of .. ' and /v't~ Cents per linear fo6t. I-8 6 LF Remove and replace one joint of existing 54" RCP including embedment and backfill. Complete inplace for the sum of and ~//O z" ~ '/ Cents per linear foot. I-9 28 TONS 8" Rock Rip-Rap C,~eoplet~e in place for the sum of Dollars and./ ;~'3& Cents ' per ton. 1-10 47 SY Geotextile Filter Fabric Co/m~lete in place for the sum of ,~dA,.~, ' "f)6Lz'Z~ Dollars and : ' Cents per square yard. I-11 2050 CY Embankment Co,,rn. plete,., io..,, place for the sum of ..) ., and ./)O Cents per cubic yard. 1-12 I LS Erosion and Sedimentation Control During Construction CompJete in place for the sum of f c and F3 0' Cents per lump sum. 1-19 Bidding Documents MEADOWCREEK DRAINAGE PROJECT # DR 00-02 UNIT PRICE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit Total No. Price Price I- 13 1050 SY Hydro Mulch Seeding Compl~te in place for the sum of · and ~ Cents · per squm'e yam. I- 14 184 LF Trench Safety Compl.eAe in place for the sum of ~d ~; Cents per line~ foot. TOTAL BID ITEMS I-1 thru 1-14 $ /j"~ f/~), ~ L~ 1-20 Bidding Documents BID SUMMARY CALENDAR TOTAL PR/CE DAYS TOTAL BID ITEMS BASE BID I-1 thru 1-14 $ 6. BIDDER a~ees ~at all Work aw~ded MI1 be completed ~n ~ ~ C~end~ Days. Contract time Mil co~ence to m ~ provided in ~e Con~act DocmenB. 7. Co~ications concerning ~is Bid shall be ad&essed to the address of B~DER indicated on the applicable signa~e page. 8. BIDDER ~derst~ds that the O~er is exempt from State Limited S~es ~d Use T~ on t~gible personal prope~ to be inco~orated into the project. Said t~es ~e not included in · e Con~act Price (see Ins~ctions to Bidders). 9. The te~s used in t~s Bid w~ch ~e defined in the General Conditions of ~e Construction Con~act included as p~ of the Contract Docments have ~e me~ngs ~signed to ~em the General Conditions. The City, of Coppell reserYes 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 (~')(~'2f~Q ¢- ,D);}, ~) t I-21 Bidding Documents BID AFFIDAVIT The undersigned certifies that the bid prices contained in this bid have been carefidly reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be ninety (90) calendar days from the date of the bid opening. STATE OF '-['7(~'0--~ COUNTY OF '1.~0~ [CC % BEFORE ME, the undersigned, authon.'ty, a Notary Public in and for the State of _-['¢4~-S, on this day personally appeared ]-e~ 1~ o~ !~, JO_.O ~e~-(~ who after being by me Name duly sworn, did depose and say: "I, ~('~t t'~ f~, ~" ~3 e-'("c[~3 ama duly authorized office/agent for Name [~' (~(W/0; //{_) (2.- and have been duly authorized to execute the Name of Firm foregoing on behalfofthe said Name of Firm I hereby certify, that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/ commodities bid on, or to influence any individual(s) to bid or not to bid thereon." Name and Address of Bidder: R-CON, INC 3321 W Pioneer IRVING, TX 75061 Teleph°lle: Or')/~) k--~/'5 - Title: pRESIDENT, Signature/~~.~ SUBSCRIBED AND S WORN to before me,bf>h%~.bo),e named on this the ...,3~)'C/L. day of__ ( ~.4'0~ 2001. I -- suz~ rN°tarv'P b in and for thefitate of ~.--~_5 1-22 Bidding Documents If BIDDER IS: An Individual By (Seal) (Individual's Name) doing business as Business address Phone No. A Partnership By (Seal) (Firm Name) (General Partner) Business address Phone No. A Corporation (Corporation Name) ! ] - (StaN-'"pfInc~orgtion) L By '/.0~ 5 / .t~a~erson authorized to sign) (Title) (C~e~°rate Sea~ ~/'~ ~)~/'~,------'"~ Business address ,,_ ~ f/'~Ce f' /~ F//f_flO~ ~r,/f y S'~ fi, / Phone No. ~ 0,9 -~TJ3-/,g'// A Joint Venture By (Name) (Address) By. (Name) (Address) (Each joint venture must sign. The manner &signing for each individual, partnership and corpora!ion that is a partner to the joint venture should be in the manner indicated above.) 1-23 Bidding Documents PREVAILING WAGE RATES -- Air Tool Operator ................................ 9.00 Concrete Paving Saw ................................ 10.39 Asphalt Raker .................................... 9.55 Concrete Paving Spreader ........................... 10.50 Asphalt Shoveler ................................. 8.80 Slipform Machine Operator .......................... 9.92 _ Batching Plant Weigher ........................ 11.51 Crane, Clamshell, Backhoe, Carpenter .........................................10.30 Derrick, Dragline, Shovel ........................... 11.04 Concrete Finisher-Paving ...................... 10.50 Foundation Drill Operator Crawler Mounted ..... i0.00 Concrete Finisher-Structures ................... 9.83 Foundation Drill Operator Truck Mounted ....... 11.83 ~-- Concrete Rubber ................................. 8.84 Front End Loader ..................................... 9.96 Electrician ........................................ 15.37 Milling Machine Operator ........................... 8.62 Flagger ............................................. 7.55 Mixer ..................................................10.30 _ Form Builder-Structures ........................ 9.82 Motor Grader Operator Fine Grade ............... 11.97 Form Liner-Paving and Curb .................. 9.00 Motor Grade Operator ............................... 10.96 Form Setter-Paving and Curb .................. 9.24 Pavement Marking Machine ......................... 7.32 Form Setter-Structures ......................... 9.09 Roller, Steel Wheel Plant-Mix Pavements ......... 9.06 -- Laborer-Common ................................ 7.32 Roller, Steel Wheel Other Fiatwheel or Laborer-Utility ...................................8.94 Tamping ......................................... 8.59 Mechanic ......................................... 12.68 Roller, Pneumatic, Self-Propelled .................. 8.48 Oiler .............................................. 10.17 Scraper .................................................. 9.63 Servicer ........................................... 9.41 Tractor-Crawler Type ............................... 10.58 Painter-Structures ............................... 11.00 Tractor-Pneumatic .................................... 9.15 Pipe Layer ........................................8.98 Traveling Mixer ....................................... 8.83 -- Blaster ............................................ 11.50 Wagon-Drill, Boring Machine ..................... 12.00 Asphalt Distributor Operator .................. 10.29 Reinforcing Steel Setter Paving .................... 13.21 Asphalt Paving Machine ........................ 10.30 Reinforcing Steel Setter Structures ................ 13.31 Broom or Sweeper Operator .................... 8.72 Steel Worker- Structural ............................ 14.80 - Bulldozer ....................................... 10.74 Spreader Box Operator .............................. 10.00 Concrete Curing Machine ...................... 9.25 Work Zone Barricade ................................. 7.32 Concrete Finishing Machine .................. ! 1.13 Truck Driver-Single Axle Light ..................... 8.965 -- Concrete Paving Joint Machine ............... 10.42 Truck Driver-Single Axle Heavy .................... 9.02 Concrete Paving Joint Sealer .................. 9.00 Truck Driver -Tandem Axle Semi Trailer ......... 8.77 Truck Driver Lowboy/Float ................... 10.44 Truck Driver-Transit Mix ...................... 9.47 -- Truck Driver- Winch ............................ 9.00 Vibrator Operator-Hand Type ....... · ........... 7.32 Welder ........................................... 11.57 -- 1-24 Bidding Documents - SECTION 2 CONTRA CT - DOCUMENTS T H ~ C I T Y 0 F COPP-EI L - STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE - THIS AGREEMENT is dated as of the 11th day of December in the year 2001 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter - called OWNER) and R-CON, INC, (hereinafter called) CONTRACTOR). - OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: - Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This work shall consist of the extension of an existing 54" diameter pipe culvert with 175 linear feet of a 6'x5' box culvert between two houses along the south side of Meadowcreek Road, and drainage improvements necessary to provide for the local runoff. The proposed box will pass under an existing 12" diameter sanitary sewer aerial crossing. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Meadowcreek Drainage Project No. DR 00-02 Bid No. Q-0901-04 '- Article 2. ENGINEER. The Project has been designed by the O'Brien Engineering, Inc. Contract administration will be - provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the fights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 2-2 Contract Documents - Article 3. CONTRACT TIME. _ 3.1. The Work will be completed within 60 Calendar Days from the date when the Contract time commences to mn as provided in Item 1.13 of the General Provisions, and completed and ready for final payment in accordance with Item 1.51 of the General _ Provisions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the - essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Item 1.36 of the General Provisions. They also recognize the - delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated - damages for daily (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred forty, and no/100 dollars {$240.00) for each day that expires after the time specified in paragraph 3.1 for Completion until the Work is complete. Article 4. CONTRACT PRICE. 4. I. 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 amount of$129~782.00. 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. 2-3 Contract Documents - 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated in Item 1.51.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall - determine, or OWNER may withhold, in accordance with Item 1.52 of the General Provisions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 1.51.4 of the General Provisions, OWNER shall pay the remainder of the Contract _ Price as recommended by ENGINEER as provided in said Item 1.51.4. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary - Conditions as provided in Item 1.3 of the General Provisions, and accepts the determination set forth in Item SC-1.20 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, ~tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 1.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 2-4 Contract Documents 7.3. CONTRACTOR has reviewed and checked all information and data shown or - indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, - reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and - conditions of the Contract Documents, including specifically the provisions of Items 1.3, 1.20 and 1.21 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or _ discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACTOR DOCUMENTS. - The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: - 8.1. This Agreement (pages 2-2 thru 2-7, inclusive). 8.2. Certificate of Insurance and Bonds (pages 2-8 thru 2-15, inclusive). 8.3. Notice of Award. 8.4. Part 1: General Provisions of the Standard Specifications for Public Works Construction, NCTCOG, latest edition. 8.5. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 3-2 thru 3-10, inclusive). 8.6. Specifications bearing the title: "Construction Specifications and Contract Documents for the "Meadowcreek Drainage Project #DR 00-02 for the City of - Coppell". 8.7. Drawing entitled: DR 00-02 2-5 Contract Documents 8.8. The following listed and numbered addenda: 8.9. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 Bidding Documents. 8.10. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.11. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other _ documents amending, modifying, or supplementing the Contract Documents pursuant to Items 1.37 and 1.38 of the General Provisions. -- 8.12. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). - The Contract Documents may only be amended, modified, or supplemented as provided in Items 1.37 and 1.38 of the General Provisions. Article 9. MISCELLANEOUS. - 9.1. Terms used in this Agreement which are defined in Item 1.0 of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (expect to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its parmers, successors, assigns and legal representatives to the other party hereto, its parmers, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 2-6 Contract Documents Article 10. OTHER PROVISIONS. - IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER - and CONTRACTOR or by ENGINEER on their behalf. - This Agreement will be effective on December 11 ,2001. OWNER: City of Coppell CONTRACTOR: R-Con, Inc. 255 Parkway Boulevard 3321 W. Pioneer Drive _ Coppell, TX 75019 Irving, Texas 75061 James Witt Leslie R. Roberts TITLE: City Mgr. TITLE: President Address for giving no~t/ces: Address for giv~g notices: R CON, Inc. - P.O. Box 478 $'~,2! WEST P!OMEER DR Coppell, Texas 75019 IRVING, TX 75061 Attn: Ken Griffin, P.E. Dir. of Engineering/Public Works (If OWNER is a public body, attach (If CONTRACTOR is a corporation, attach evidence of authority to sign and evidence of authority to sign.) _ resolution or other documents authorizing execution of Agreement.) 2-7 Contract Documents Client~: 1248 RCONINC tco;?D CERTIFICATE OF LIABILITY INSURANCE I12/19/01DATE'MM'DD' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Heritage Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6510 Abrams Rd Suite 570 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR · ' ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas, TX 75231 2 14 2 2 1 - 8 3 0 0 INSURERS AFFORDING COVERAGE INSURED R-CON, Inc. ~NSURERA:National American Insurance Co. P.O. Box 153205 INSURER B: Irving, TX 75061-3205 INSURER C: INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LIS~-[3 BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I-NSR [POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE ~ POLICY NUMBER / DATE ~MMIDDIYY~ DATE (MMIDDIYY~ LIMITS A G~ENERALL,AB,L,TY MP1948542G 07/12/01 07/12/02 EACHOCOURRENCE $1,000,000_ X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fir( $10 0, 0 00 ~ CLAIMSMADE~ OCCUR MEDEXP(Anyoneperson) $5, 000 ' PERSONAL&ADVINJURY $1, 000, 000 i'-- ~ GENERAL AGGREGATE $2, 000, 000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OP AGG $2 , 0 0 0 , 00 0 IPOLIOY~PRO'JECT I'~LOC -- A AUTOMOB,LEL,AB,L,TY AU1411642G 07/12/01 07/12/021 --- COMBINED SINGLE LIMIT X ANYAUTO (Eaaccident) $1, 000, 000 ALL OWNED AUTOS -- BODILY INJURY SCHE DULE D AUTOS (Per person) $ X ;-lIRE D AUTOS BODILY INJURY ~. NON-OWNED AUTOS (Peraccident) $ ---- I PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY- EAACClDENT $ ANY AUTO OTHER THAN EA ACC ! $ AUTO ONLY: AGG ; $ A EXCESSL,AB,L,TY MB1366442G 07/12/01 07/12/02 EACHOCCURRENCE $1,000,000 occur CLA,MSMAOE , A GREGATE $$1' 000, 000 X DEDUCTIBLE , $ I RETENTION $10000 : , $ WC STATU- OTH. A ~WORKERSCOMPENSATIONAND NW132642G 07/12/01 07/12/02 X TORYLIMIT$ ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $5 0 0 , 0 0 0 ,E.__L.DISEASE-EAEMPLOYEE. $5 0 0 , 0 0 0 E.L. DISEASE-POLICY LIMIT $500 000 OTHER ' DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: Meadowcreek Drainage Project, #DR00-02 CERTIFICATE HOLDER I ADDmONALINSUREDilNSURERLETTER: CANCELLATION SHOULD ANY OF THE ABOYE DESCRI BE D POECIFS BE CANC~ LLE D BEFORE THE E)~IRATION City of Coppell DATETHEREOF,THEISSUINGINSURERWILLENDEAVORTOMAIL"~('] DAYSWRR'TEN P. O. Box 4 7 8 NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHE LEFT. BUTFAILURE TODOSOSHALL Coppe 11, TX 7 5 019 IMPOSE NO OBLIGATION OR LIABILITY OF ANYKIND UPON THE INSURER, ITSAGENTS OR REPRESENTATIVES. ACORD25'S(7/97)l of 2 #S8075/M7242 SIM ® ACORD CORPORATION1988 - Certificate of Insurance After award of contract, Contractor will provide Owner With Certificate of Insurance which will be executed and bound here with final docmnents. 2-8 Contract Documents _ General Instructions For Bonds A. The surety on each bond must be a responsible surety company which is qualified to do business in Texas and satisfactory to the Owner. B. The name, and residence of each individual party to the bond shall be inserted in the body thereof, and each such party shall sign the bond with his usual signature on the line opposite the scroll seal, and if signed in Maine, Massachusetts or New Hampshire, an adhesive seal shall be affixed opposite the signature. C. If the principals are parmers, their individual names will appear in the body of the bond, with the recital that they are parmers composing a finn, naming it, and all the members of the firm shall execute the bond as individuals. D. The signature of a wimess shall appear in the appropriate place, attesting the signature of _ each individual party to the bond. E. If the principal or surety is a corporation, the name of the State in which incorporated shall - be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. F. The official character and authority of the person or persons executing the bond for the principal, if a corporation, shall be certified by the secretary or assistant secretary according to the form attached hereto. In lieu of such certificate, records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies. G. The date of this bond must not be prior to the date of the contract in connection with which it is given. 2-9 Contract Documents Bond No. SA4427 PERFORMANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That R-Con, Inc. whose address is 33~ W_ Pionoo_r l)t-ivo_: Ir~alng: T~ '/5061 , hereinafter called Principal, and st. va,,~ ~rcurv T-.~urance Coa, anv , 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 "Beneficia~j", in the penal sum of on~ Hundred I~enty Nine ~l~ousand S,~,en mmar,~a Eighty ~ Dollars and no/lO0 .............................. DOLLARS ($ ~29,782.oo ....... ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, - executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. _ THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Beneficiary, dated the of , A.D. 2001, which is made a part hereof by reference, for the construction of - certain public improvements that are generally described as follows: Construction of the: -- Meadowcreek Drainage Project # DR 00-02 Bid No. Q-0901-04 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, cOvenants, terms, conditions and agreements of said Contract in accordance - with the plans, specifications and Contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which - modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall - fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, -'- then this obligation shall be void; otherwise, it shall remain in full force and effect. 2- I 0 Contract Documents PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Article 5160 of 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 3 copies, each one of which shall be deemed an original, this the ~ day of ., 2001. PRINCIPAL /l~-c~/~. SURETY /~ ~ ~. .gl'. p~a~11 - By't~'~_a,~..~ ~ ,~r/t~Z~ By: Title: Tit e: Resident Agen he Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: heritage Insruance lex-vices, Dou§las Noore ADDRESS: 651o Abrams P~ad, Suite 570, Dallas, ~X 752211 __ NOTE: Date of Performance Bond must be date of Contract.. If Resident Agent is not corporation, give person's name. 2-11 Contract Documents PAYMENT BOND Bond No. SA/d~2? STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That R-Con, Ync. whose address is 3321 rd. Pioneer Drive, Irving, TX 75061 hereinafter called Principal, and st. Paul Mercury Insurance Company , a corporation organized and existing under the laws of the State of m , 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 One Hundred Twenty Nine Thotmand ($ 129,782.00 ....... ) in lawful money of the United States, to be paid in Dallas County, - Texas, for thc payrncnt 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 thc amount of any Change Order or Supplemental Agreement - which increases thc Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces thc Contract price &crease 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 Coppcll, dated the of , 2001, which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: _ Construction of the: Meadowcreek Drainage Project # DR 00-02 - Bid No. Q-0901-04 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and - make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which - modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. - PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to - the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any 2-12 Contract Documents 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, Vemoffs Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 3 copies, each one of which shall be deemed an original, this the __ day of ,2001. PRINCIPAL SURETY R-Con, Inc. ~~ St. Paul Mercury Insurance Coalpany By: / /'X,/'1~',~4~x~-~ By: Title: ~ [~T~ ¢iqt'~ Title: Douglas Moore, fittorney-in-Faet - ATTES.~ /~/~~. ATTEST~ p~.~ The Resi/lent Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and _ service of the process is: NAME: _ lteritage l~guracne Services, Douglas Moore ADDRESS: -- 6510 Abrams Road~ Suite 570,, Dallas, TX 75231 NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name. 2-13 Contract Documents MAINTENANCE BOND Bodn No. SA44-27 STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT R-Con, ~,c., 3321 I4. Pioneer l..nne{ Irving, ~ 75061 as Principal, and st. Paul P. ercury' Insurance Company , a corporation organized under the laws of t~ , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the Ci. ty of Coppell , a Municipal Corporation, Texas, the sum of One Pamdred 3['~aenty Nine_ Thou.qand g~von [hmdroa R~Ehry 'Ir. an 1~'11 ..... ti .,./~.,, ...... Dollars and Cents ($ 129,782.00 ...... ) , for the payment of which sum will and truly be made unto said ciw of Coppen , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said Principal has this day entered into a written contract with the said o~,~ i ?, to build and construct M~ado~creek Drainage Project ~DR 00-02 which contract and the plans and specifications therein mentioned, _ adopted by the Obli_~,~,~ are hereby expressly made a part thereof as through the same were written and embodied herein. _ WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do ail necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that - the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said _ work, then these presents shall have full force and effect, and said ,~.., ~_~ shall have and receive from the said Contractor and its' principal and s-~-e~l~ damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for 2-14 Contract Documents successive branches until the full mount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in arty manner affected fi.om any cause during said time. IN WITNESS WHEREOF, the said Ot, ls_g~ has caused these presents to be executed by Prin,-L~ and the said Surety has caused these presents to be executed by its Attorney in fact and the said Attorney in fact Oou~las 14oore , has hereunto set his hand, the day of ,2001. PRINCIPAL SURETY R-Con, Inc. rx St. Paul l~ercury Insurance Company By: , By: , Title: ~ ~'.¢.g ;C~_3~f'~ Title: Dou~als lloore, Attorney - in- Fact WITNESS: ATTEST: - NOTE: D~eof Maintenance Bond must not beprior to date of Contract. 2-15 Contract Documents StPaul e POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company Power of Attorney No. 22398 Certificate No. 9 6 9 8 8 0 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Douglas Moore and Sherry Mesquita Dallas Texas of the City of , State their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by taw. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 12th day of February 2001 Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this 12~ day of Feb~ 2001 bel3re me, the undersigned officer, personally appeared John R Phinney and ~omas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.: and that the seals affixed to the foregoing instrument are the co,orate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the pu~oses therein contained by signing the names of the co~orations by themselves as duly authorized officers. ~ 'Vora in Witness ~hereof, I hereumo se~ my hand and offidM My Commission expires the 13th day of July, 2002. ~~/ REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2000 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so exe- cuted and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has nol been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this day of ~ Thomas E. Huibregtse, Assistant Secretary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 and ask for the PoWer °f Attorney clerk. Please refer to the Power of Attorney number, the above-named individuals' and the details of the bond to which the power is attached. StRiul Surety IMPORTANT NOTICE: To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 FAX # 1-512-475-1771 Your notice of claim against the attached bond may be given to the surety company that issued the bond by sending it to the following address: Mailing Address: St. Paul Surety Claim P.O. Box 4689 Federal Way, WA 98063-4689 Physical Address: St. Paul Surety Claim 31919 First Avenue South Suite 100 Federal Way, WA 98003 You may also contact the St. Paul Surety Claim office by telephone at: _ Telephone Number: 1-253-945-1545 PREMI'UM OR CLAIM DISPUTES: - If you have a dispute concerning a premium, you should contact the agent gu'st. If you have a dispute concerning a claim, you should contact the company fa'st. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: - This notice is for information only and does not become a part or condition of the attached document. SECTION 3 STANDARD SPECIFICATIONS S UPPLEMENTAR Y CONDITIONS T H E C I T Y 0 F COPPEI £ 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. PART I: GENERAL PROVISIONS - DIVISION 1 PROPOSAL REQUIREMENTS - ITEM 1.0 - DEFINITIONS SC-1.0 Engineer: The word "Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 478, Coppell, TX 75019, Engineer of - the Owner, or such other representatives as may be authorized by said owner to act in any particular position. - Owner: The word "Owner" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. - Calendar Day: Add the following sentence to the end cf the working days definitions: Hours worked before 8:00 a.m. after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request _. must be made in writing and approved by the City of Coppell. Seventy-two hours notice required. All overtime incurred by the City for inspection services shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments. All other terms used in these Supplementary Conditions which are defined in the General Provisions shall have the same meanings used in the General Provisions. ITEM 1.15 - SURETY BONDS SC-1.15 Add following sentence to Item 1.15 (A): "Maintenance Bond shall be required in the amount of 50% of the cost of the public improvements for a 2 year period." 3-2 Standard Specifications Supplementary Conditions ITEM 1.16 - NOTICE TO PROCEED SC-1.16 Add following sentence to end of Item 1.16. Before Contractor starts the Work at the site, a conference attended by Contractor, Engineer and others as appropriate will be held to discuss the schedules referred to in Items 1.22.5, 1.28 and 1.51.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. ITEM 1.19 - PRIORITY OF CONTRACT DOCUMENTS SC-1.19 Add the following language at the end of the Item 1.19: "If there is any conflict between the provisions of the Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications, manuals or codes." ITEM 1.20 - CORRELATION AND INTENT OF DOCUMENTS SC-1.20.1 Amend the first sentence of Item 1.20.1 by changing "such copies" to be "five copies". Add the following to the end of Item 1.20.1' - "In the preparation of Drawings and Specifications, ENGINEER has established and relied upon the following reports of explorations and tests of subsurface conditions at the site of the work: No _ geotechnical explorations or tests of subsurface conditions have been performed. The Contractor may take borings at the site to satisfy himself as to subsurface conditions." SC-1.20.5 - Add the following new Item 1.20.5 immediately after Item 1.20.4: 1.20.5 Existing Utilities and Sewer Lines: The Contractor shall be responsible for the protection - of all existing utilities or service lines crossed or exposed by the construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRACTOR 3-3 Standard Specifications Supplementary Conditions shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense. If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by the performance of this contract. ITEM 1.22 - CONTRACTORS RESPONSIBILITIES SC-1.22.5 Amend the first sentence of Item 1.22.5 by adding the following at the beginning of the sentence: "If requested by Owner, Engineer or Contractor". ITEM 1.24 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY SC-1.24.2.1 Add the following new Item 1.24.2.1 immediately after Item 1.24.2: 1.24.2.1 Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER, ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall promptly attempt to - settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and 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 3-4 Standard Specifications Supplementary Conditions 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 shall, if possible, include such insurance, and the cost - thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR. SC-1.26.7 Add the following new item: - 1.26.7 CONTRACTOR intends that any policies provided in response to Item 1.26 shall protect all of the parties' insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the - effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. ITEM 1.27 - MATERIALS AND WORKMANSHIPi 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 AREAl COORDINATION WITH OTHER CONTRACTORS~ FINAL CLEANUP SC-1.32.1 Delete Item 1.32.1 in its entirety and insert the following in lieu thereof: "Construction stakes/surveying shall be provided by the CONTRACTOR. Vertical control has been established as shown on the construction plans. Horizontal control can be established fi.om existing inlets, street intersections or other utilities indicated on the construction plans. The Contractor shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the 3-5 Standard Specifications Supplementary Conditions requirements of the construction documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and - Specifications and the lines and grades given therein." ITEM 1.33 - OTHER CONTRACTORS; OBLIGATION TO COOPERATE SC-1.33 Delete the last sentence of the second paragraph and substitute the following in lieu thereofi "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 - DELAYSI EXTENSION OF TIME~ LIQUIDATED DAMAGES - SC-1.36 Add the following at the end of the last paragraph in Item 1.36: "No extension of the contract time - shall be allowed unless the CONTRACTOR can demonstrate the delay caused an adverse impact to the critical path and that loss of time can not be made up by revising the sequence of the work of the project." ITEM 1.37 - CHANGE OR MODIFICATION OF CONTRACT - SC-1.37 1.37.1 Amend the last sentence in Paragraph two of Item 1.37.1 to delete the following "except as provided below." Add the following sentence to the end of paragraph two in Item 1.37.1. "The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: 3-6 Standard Specifications Supplementary Conditions ITEM 1.49 - OWNER'S~ EMPLOYEES OR AGENTS SC-1.49-2 Replace Item 1.49.2 with the following new paragraph: 1.49.2 Conflict of Interest - City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. - This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in - office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. ITEM 1.58 - STATE AND LOCAL SALES AND USE TAXES _ SC-1.58 Delete Item 1.58 and substitute the following in lieu thereof: 1.58 Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code coveting 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 3- 7 Standard Specifications Supplementary Conditions breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. PART II: MATERIALS - DIVISION 2 MATERIALS ITEM 2.1.5 - TRENCH BACKFILL: (b) Types "B" and "C" (4) Additional Requirements (B) Additional Requirements for Type "C" backfill when used in streets: Insert the following paragraph at the beginning of this subsection: "All trench backfill shall be - compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods unless otherwise specified in the Plans. Water jetting may be used only with specific written permission of the Engineer." ITEM 2.1.6 - RIPRAP OR STONE MASONRY: (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. ITEM 2.1.7 - PIPE BEDDING MATERIAL FOR STORM SEWERS: - (a) General: Amend the first sentence, by striking the words "requirements for earth bedding" and replace with "recommendations of the pipe manufacturer, and shall be approved by the Engineer". (b) Earth Bedding: Add the following sentence at the beginning of this paragraph: "Earth bedding will not be permitted without written approval of the Engineer." ITEM 2.2.2 - CHEMICAL ADMIXTURES: - (d) Mineral Admixtures. Delete paragraph (d) in its entirety. The use of Fly Ash as an admixture in any Class of concrete is specifically prohibited without written _ approval of the Engineer. 3-8 Standard Specifications Supplementary Conditions PART III CONSTRUCTION METHODS DIVISION 3 - SITE PREPARATION ITEM 3.1.2 - CONSTRUCTION METHODS: Add the following sentence after the second sentence: The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer. ITEM 3.7.3 - DENSITY: Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." PART III DIVISION 4 - SUBBASE AND BASE COURSES ITEM 4.8.4 - CONSTRUCTION METHODS: (b) Compaction Amend the last sentence of the first paragraph, by striking the words: "90 percent of the maximum dry density of such material." and replace with the words "95 percent of the maximum dry density of such material, or as directed by Engineer. - PART III DIVISION 5 - PAVEMENT/SURFACE COURSES ITEM 5.8.2 - CONSTRUCTION METHODS: (e) Joints - (1) Expansion Joints: Delete the first paragraph and replace with the following: "Expansion joints shall be installed perpendicularly to the surface and centerline of the _ pavement. Expansion Joint material shall be redwood boards, 3/4-inch in width, and extended through curbs. Expansion joints are to be installed at each end of radius at street intersections. Expansion joints shall be equally spaced between intersections with not less _ than one every 200 linear feet of pavement, unless otherwise specified on the Plans or directed by the Engineer. -- (C) Proximity to Existing Structures: Add to end of sentence, "or as directed by the Engineer". 3-9 Standard Specifications Supplementary Conditions (2) Contraction Joints. Delete the first sentence of the first paragraph and insert the following: "Contraction or dummy joints shall be sawed to 1-1/4 inches in depth, and 1/4 - inch in width, and installed every 20 linear feet of pavement, and extend through curb, unless otherwise directed by the Engineer." (h) Finishing. (1) Machine. Add the following paragraph at the end of this subsection: "Fog sprays powered by pressure pumps, and capable of coveting the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." (2) Hand. Add a new paragraph after first paragraph which reads as follows: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." PART III DIVISION 6 - UNDERGROUND CONDUIT CONSTRUCTION ITEM 6.2.9 - BACKFILL: (b) Compaction. (2) Densities - Areas Not Subjected to or Influenced by Vehicular Traffic. Amend the second sentence by striking the words "to a density comparable with adjacent undisturbed material" and replacing with "to a density between 95 percent and 100 percent Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, unless otherwise specified in the Plans or directed by the Engineer." 3-10 Standard Specifications Supplementary Conditions SECTION 4 SPECIFIC PROJECT REQUIREMENTS T H E C, I T Y 0 F SPECIFIC PROJECT REQUIREMENTS The construction specifications which apply to this project are the Standard Specifications for Public Works Construction - North Central Texas prepared through the North Central Texas Council of Governments (C.O.G.). The following Specific Project Requirements contain general and specific project requirements applicable to this project in the City of Coppell. These individual specifications control for this project. Additional amendments to the C.O.G. Standard Specifications are contained in Section 3 - Supplementary Conditions to the Standard Specifications for Construction. In the event that an item is not covered in the Project Drawings and these Specifications, then the Standard Specifications for the City of' Coppell, Texas shall apply. In addition, reference to the following shall be considered as referring to the specifications or Method of Test as set forth by these organizations and shall be considered as part of the Specifications when referenced. A.S.A. American Standards Association A.S.T.M. American Society of Testing Materials A.A.S.H.T.O. American Association of State Highway & Transportation Officials A.C.I. American Concrete Institute A.W.S. American Welding Society A.W.W.A. American Water Works Association S.S.P.C. Steel Structures Painting Council, Federal Specifications Treasury Department U.L. Underwriters Laboratories N.E.M.A. National Electrical Manufacturers Association W.P.C.F. Water Pollution Control Federation TX.DOT Texas Department of Transportation C.D.G..S. City of Dallas General Specifications S.S.P.W.C.N.C.T. Standard Specifications for Public Works Construction North Central Texas 4-2 Specific Project Requirements 1.1 OWNER: The "Owner" as referred to in these Specifications is the City of Coppell, P.O. Box 478, Coppell, Texas 57019. 1.2 ENGINEER: The "Engineer" as referred to in these Specifications is the City Engineer, - City of Coppell, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. 1.3 CITY OF COPPELL: All improvements described in this Proposal and Construction Drawings shall be done in accordance with the Project Drawings and Specifications. In the event that an item is not covered in the Project Drawings and Specifications, then the Standard Specifications for Construction for the City of Coppell, Texas shall apply. 1.4 SITE: The Contractor shall limit his work to the area shown on the Project Drawings as within the street right-of-way. Entrance onto private property shall be at the expressed approval of the ENGINEER, only. 1.5 PROJECT DESCRIPTION: This Contract consists of the extension of an existing 54" diameter pipe culvert with 175 linear feet of a 6'x5' box culvert between two houses along the south side of Meadowcreek Road, and drainage improvements necessary to provide for the local runoff. The proposed box will pass under an existing 12" diameter sanitary sewer aerial crossing. 1.6 CALENDAR DAY COUNT: Calendar days shall be counted by the Engineer on the basis of the definition set out in the General Conditions of Agreement. The calendar day count shall be suspended upon receipt by the Engineer of a written request for final inspection. The calendar day count shall resume upon receipt by the Contractor of a ~witten list of items necessary to satisfactorily complete the project. This process shall continue until such time as the project is accepted by the Engineer, and the Owner. The calendar day count will not be suspended or otherwise affected by use of completed portions or "substantial completion" of any of the project. 1.7 SAFETY PRECAUTIONS: The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances, roles, regulations and order of any public authority have jurisdiction for the safety of persons or property to _ protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating - safety regulations and notifying owners and users of adjacent utilities. 1.8 SOIL INVESTIGATION: A geotechnical investigation report has not been prepared. The Contractor shall visit the site and acquaint himself with the site conditions. 4-3 Specific Project Requirements 1.9 SURVEY AND FINISHED GRADES: The Contractor shall be responsible for layout and staking of all grades and lines for construction. The Contractor shall preserve all stakes or markings until authorized by the Engineer to remove same. The Contractor shall bear the cost of the re-establishing any control or construction stakes destroyed by either him or a third party and shall assume the entire expense of rectifying work improperly constructed due to failure to maintain established points and marks. No separate payment shall be made to the Contractor for construction staking which shall be considered incidental to the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. 1.10 CONFORMITY WITH DRAWINGS: All work shall conform to the lines, grades, cross- sections, and dimensions shown on the Drawings. Any deviation from the Drawings which may be required by the exigencies of construction will be determined by the Engineer and authorized by him in writing. 1.11 TESTING LABORATORY SERVICE: The Owner shall make arrangements with an independent laboratory acceptable for testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of retests, or reinspections. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. One copy shall be provided to the contractor of all reports and laboratory test results. Testing by the City does not alleviate the contractors' responsibility for his own quality assurance/quality control testing. Contractor shall replace any deficient construction items. 1.12 SUSPENSION OF WORK: If the work should be stopped or suspended under any order of the court, or other public authority, the Owner may at any time during suspension upon seven days written notice to the Contractor, terminate the Contract. In such an event, the Owner shall be liable only for payment for all work completed plus a reasonable cost for any expenses resulting from the termination of the Contract, but such expenses shall not exceed $5,000. 1.13 PRESERVATION OF TREES: Permission of the Engineer must be obtained for removal of trees on the property that obstruct the installation of the improvements as outlined in this project. All trees to be removed are as shown on the plans and will be marked in the field by the Engineer prior to removal. All other trees are to be protected as necessary to prevent _ damage. Penalty for damage or 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. No separate payment will be made for _ the removal and disposal of trees. 1.14 COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all - times, as his agent, a competent Superintendent capable of reading the plans and specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly 4-4 Specific Project Requirements supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. 1.15 WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices in accordance with the TMUTCD 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 shall at his own cost and expense provide such flagmen and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and other precautionary measures for the protection of persons or property as are required by law. The Contractor shall submit a traffic control plan to be reviewed by the City prior to the beginning of work. No lane shall be barricaded before 9:00 a.m. or after 4:00 p.m. except as noted on the plan provided with these specifications. One lane of traffic - in each direction shall be provided at all times. The Contractor is responsible for providing and maintaining flagrnen, 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 flagrnen, warning devices, barricades, - lights, signs or other precautionary measures for the protection of persons or property), . the Engineer may order such additional precautionary measures as required by law to be taken to protect persons and property, and to be reimbursed by the Contractor for any expense incurred in ordering such additional precautionary measures. In addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of waming devices, 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 fight to repair the damage and charge the - cost back to the Contractor. All of this work is considered incidental and shall not be a separate pay item. 4-5 Specific Project Requirements 1.16 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: a. Prior to any excavation, the Contractor shall determine the locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other underground utilities and structures. b. After commencing the work, use every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them from damage. c. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items which may be encountered during the work are not necessarily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locatiOns of all items not indicated. d. The Contractor shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground or above ground, and he shall settle in total cost of all damage suits which may arise as a result of this operations. e. To avoid unnecessary interferences or delays, the Contractor shall coordinate all utility removals, replacements and construction with the appropriate utility company. 1.17 DRAINAGE: The Contractor shall maintain adequate drainage at all times. 1.18 PROJECT MAINTENANCE: The Contractor shall maintain, and keep in good repair, the improvements covered by these plans and specifications during the life of the contract. 1.19 CLEANUP: During Construction. The contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site when it becomes objectionable or interferes with the progress of the project. Final. Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belonging to him and leave the site with an appearance acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new-appearing condition. - 1.20 INSPECTION: The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe the construction on behalf of the Owner. The agent will observe and check the construction 4-6 Specific Project Requirements in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's performance. 1.21 DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All paving, subgrade, or other debris removed from the site as a preliminary to the construction shall be removed from the property at the sole expense of the Contractor. Any required burning and disposal permits shall be the sole responsibility of the Contractor. All excavated earth in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner. 1.22 WATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for securing and transporting all water required in the construction, including water required for mixing of concrete, sprinkling, testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. _ 1.23 GUARANTEE: All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of final completion and acceptance of the project. 4-7 Specific Project Requirements SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 1.1 GENERAL: A. Contractor to submit Shop Drawings, Product Data and Samples as required by the Contract Documents and as specified in other sections of the specifications. 1.2 SHOP DRAWINGS: A. As soon as practicable after contract award, submit to the Engineer, for review, the required number of bound copies of shop drawings of all items as specified in the various sections of these specifications, accompanied by letters of transmittal. B. Shop drawings shall include: Manufacturer's catalog sheets and/or descriptive data for materials and equipment; showing dimensions, performance characteristics, and _ capacities and other pertinent information as required to obtain approval of the items involved. _ C. No work requiring shop drawings will be executed until review and acceptance of such drawings has been obtained. 1.3 PRODUCT DATA: A. Preparation: - 1. Clearly mark each copy to identify pertinent products or models. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. B. Manufacturers standard schematic drawing sand diagrams: 1. Modify drawings and diagrams to delete information which is not applicable to the work. 2. Supplement standard information to provide information specifically applicable to the work. 1.4 SAMPLES: Provide samples as indicated in other parts of these specifications. 1.5 CONTRACTOR RESPONSIBILITIES: _ A. Review Shop Drawings and Product Data prior to submission. B. Determine and verify: - 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and similar data. 4-8 Specific Project Requirements 4. Conformance with specifications. _ C. Coordinate each submittal with requirements of the work and of the Contract Documents. D. Begin no work which requires submittals until return of submittals with Engineer's review. - E. Keep one (1) approved copy of shop drawings or product data at job site at all times. 1.6 SUBMISSION REQUIREMENTS: A. Make submittals promptly and in such sequence as to cause no delay in the work or - in the work of any other contractor. B. Number of submittals required: 1. For shop drawings and product data: Submit the number of copies which the contractor requires, plus four which will be retained by the Engineer. C. Submittals shall contain: 1. The date of submission and the dates of any previous submissions. 2. The project title. 3. The names of: a. Contractor b. Supplier c. Manufacturer 4. Identification of the product. 5. Field dimensions, clearly identified as such. 6. Relation to adjacent or critical features of the work or materials. 7. Applicable standards, such as ASTM or Federal Specification numbers. 8. Identification of deviations from Contract Documents. 9. Identification of revisions on resubmittals. 10. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and a coordination of the information within the submittal with requirements of the work and of Contract Documents. 11. Fabrication and erection drawings lists and schedules. 12. Basis of design and design calculations signed and sealed by a registered _ professional engineer. 13. Seal and signature of a register engineer on all structural submittals. 4-9 Specific Project Requirements D. REVIEW: 1. Shop drawing and product data information review will be general. Such review will not relive the contractor of any responsibility and work reqUired - by the Contract. 2. Satisfactory shop drawings will be so designated and all sets, except four (4), returned to the Contractor. Rejected shop drawings will be so designated and all sets except two (2) will be returned to the Contractor, with indications of the required corrections and changes. 3. Rejected shop drawings will be corrected and resubmitted to the Engineer for Acceptance. 1.7 RESUBMISSION REQUIREMENTS: A. Make any corrections or changes in the submittals required by the Engineer and resubmit until accepted. B.Shop Drawings and Product Data: 1. Revise initial drawings or data, and resubmit as specified for the initial submittal. 2. Indicate any changes which have been made other than those requested by the Engineer. 1.8 ENGINEER'S RESPONSIBILITIES: A. Review submittals with reasonable promptness. B. Affix stamp and initials or signature, and indicate requirements for resubmittal, or acceptance of submittal. C. Return submittals to Contractor for distribution, or for resubmission. 4-10 Specific Project Requirements SECTION 5 DESCRIPTION OF PA Y ITEMS T H ~ C. I T Y 0 F COI P-EL£ SECTION 5 - DESCRIPTION OF PAY ITEMS This section includes comments concerning various Pay Items so that the contractor can fully understand the scope of work 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) removal and replacement of any signs, (b) saw cutting, (c) traffic control, (d) repairs to damaged irrigation systems, (e) removal of spoils, (f) replacement of striping or buttons removed during construction, (g) water for construction, (h) excavation, (i) tree removal and disposal (j) surveying to re-establish grade, and (k) any other incidentals necessary to complete the work. The above items are not meant to be a total and complete list of subsidiary items but only _ representative of the types of items that should be included in the various pay items associated with this project. 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", latest addition, unless modified by these special provisions. 2.1. Pay Item #1 Clearing and Grubbing: In addition to the description of work in NCTCOG Item 3.2, work under this item shall include but not be limited to the following: a. The removal of the existing concrete headwall, wingwalls, apron, and section of pipe on the 54" diameter pipe culvert; b. The removal of three (3) failed retaining walls and debris; c. The removal of the top two rows of railroad ties on two (2) existing retaining walls; d. The removal of approximately 20 trees ranging in size from 4" to 24" diameter; along with any underbrush; e. The removal of existing concrete rip-rap; and any other work necessary to prepare the _ area for the installation of the box; These items of work shall be considered incidental to the cleating and grubbing and no separate payment will be made to the Contractor. Measurement and payment shall be made on the basis of the bid price per lump sum and shall be full compensation for all materials, tools, labor, and any incidentals necessary to - complete the work. 5-2 Description of Pay Items 2.2. Pay Items 2# and # 3 Concrete Box Culvert & Headwall, Wingwalls and Apron: The box culvert, headwall, wingwalls, and apron shall be cast-in-place per NCTCOG Division 7, the plans, and TxDOT details. The 6'x$' single box culvert and headwall shall be constructed per TxDOT Standards SCC-S&6 and SCC-MD. The wingwalls and apron - shall be constructed per TxDOT Standard FW-O. The apron shall extend between the wingwalls and to the ends of the wingwalls where the 8" rock rip-rap begins. The apron shall connect to the wingwall footings with a #4 dowel bar at 12" centers. The box culvert, - wingwalls, and apron shall set on 6" minimum crushed stone embedment and shall be constructed at the alignment shown on the plans. The box culvert shown in the plans shall be measured by the linear foot in place. The measurement will be the flow line length, along the centerline, between the ends of the culvert. The unit price bid per linear foot shall be full compensation for channel excavation, the preparation and shaping of bed, protection of the existing aerial crossing, connections to existing structures, concrete, reinforcing steel, and all other items of _ material, labor, and equipment, tools and incidentals necessary to complete the work in accordance with the plans and specifications. The headwall, wingwalls, and apron shall be measured as one unit. The unit bid price per each shall be full compensation for the concrete, reinforcing steel, and all other items of material, labor, and equipment, tools and incidentals necessary to complete the work in accordance with the plans and specifications. 2.3. Pay Item #4 Pedestrian Railing: The installation of railing shall be in compliance with TxDOT Standards for PR-1 railing as shown in the plans. Installation shall comply with TxDOT and NCTCOG Item 8.12. Measurement and payment shall be made on the basis of bid price per linear foot of railing, complete in place, and shall be full compensation for all materials, equipment, tools, labor, and incidentals necessary to complete the work. 2.4. Pay Item #5 2-Grate Drop Inlet: The drop inlet shall be cast-in-place per NCTCOG Division 7 and the City of Coppell Standard Details SD 12. Concrete used for the construction of the inlet shall have a - minimum 5.5 sacks of cement/cubic yard of concrete with 4,000 psi minimum compressive strength when tested at 28 days. - Measurement and payment shall be made on the basis of the unit bid price per each, complete in place, and shall be full compensation for all materials, equipment, tools, labor and incidentals necessary to complete the work. 5-3 Description of Pay Items 2.5. Pay Item #6 Manhole Type M: _ The construction of the manhole shall be in compliance with TxDOT Standard MH-M as shown in the plans. Manhole frame and cover shall be in compliance with City of Coppell Standard Details SD 9. Concrete used for the construction of the manhole shall have a minimum 5.5 sacks of cement/cubic yard of concrete with 4,000 psi minimum compressive strength when tested at 28 days. Measurement and payment shall be made on the basis of the unit bid price per each, complete in place, and shall be full compensation for all materials, equipment, tools, labor and incidentals necessary to complete the work. 2.6. Pay Item #7 & 8 Reinforced Concrete Pipe: Ail RCP storm drains shall be Class III per NCTCOG Item 2.12.3. Backfill .and embcdment shall be in accordance with City of Coppell details and per NCTCOG Items 2.1.7, 2.1.8, and 6.2.8 through 6.2.10. RCP shall be installed per plan details and NCTCOG Division 6. All bends shall be prefabricated. Where leads or pipe terminate into an existing system, a concrete collar shall be poured at the junction to form a watertight _ connection. All concrete collars shall be considered incidentals to this pay item. If the 54" RCP is damaged during removal, there shall be no additional compensation for supplying and installing thc necessary 54" RCP. Measurement and payment shall be made on the basis of the bid price per linear foot of pipe installed at all depths and shall be full compensation for all materials, tools, equipment, labor, and any incidentals necessary to complete the work including all excavation, embedment and backfill. - 2.7. Pay Item #9 & #10 Rock Rip-Rap and Geotextile Fabric: Rock rip-rap shall be to the size and be complete in place to the lines, slopes, dimensions and grades as indicated on the plans. Rip-rap shall be placed per NCTCOG Item 8.15 over geotextile fabric. Measurement and payment for the rip-rap shall be made on the basis of the unit bid price per ton and shall be full compensation for all labor, equipment and materials, and for fumishing, hauling, placing, and handling the rip-rap as specified and indicated on the plans complete in place. Measurement and payment for the geotextile fabric shall be made on the basis of the unit bid price per square yard. _ 2.8. Pay Item #11 Embankment: The placement of the embankment shall be in compliance with NCTCOG Item 3.7 and _ Item 6.2. Embankment placed adjacent to and over the box culvert shall be of suitable 5-4 Description of Pay Items material and shall be placed uniformly on each side of the structure. The embankment shall be constructed in successive layers for the full width of the cross-sections shown in the - plans and in such lengths as are suitable for the compaction methods to be used. Each layer of embankment shall be uniform as to material, density, and moisture content before beginning compaction. The embankment 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, unless otherwise specified by the OWNER. The OWNER shall specify any necessary testing for each layer placed. - Embankment shall be constructed to the established grade and to the shape of the cross- sections shown in the plans. Measurement and payment shall be made on the basis of bid price per cubic yard and shall be full compensation for furnishing and placing all materials, and for labor, equipment, and incidentals necessary to complete the work in accordance with the plans and specifications. 2.9. Pay Item #12 Erosion and Sedimentation Control during Construction: This item shall consist of the installation of all erosion and sedimentation control devices as called for in the plan drawings and specifications and as required to comply with local, state and federal regulations. Contractor shall pay close attention to NCTCOG 3.12 "Temporary Erosion, Sedimentation and Water Pollution Prevention Control." The contractor will be responsible for preparing a site specific Storm Water Pollution Prevention (SWPPP) for the project. Measurement and payment for erosion and sedimentation control during construction shall be made on the basis of the unit price per lump sun and shall be full compensation for providing all materials, labor, equipment and any incidentals necessary to provide erosion and sedimentation control during construction as specified, including additional measures as may be required to meet local codes and ordinances, preparation of the SWPPP, proper maintenance of the system during construction and proper removal and disposal when complete. 2.10. Pay Item #13 Hydro Mulch Seeding: Upon completion of the placement of the embankment to the established grade and to the shape of the cross-sections shown in the plans, hydro mulch seeding shall be performed in accordance with NCTCOG Item 3.10. Seeding shall consist of preparing the ground, and providing and planting seed or a mixture of seed of the kind specified along and across the existing drainage easement as shown in the plans. The Contractor shall be responsible for watering and maintaining the new seeding until final acceptance. The 1050 square yards is the exact quantity that will be paid for this item. This is approximately 50-100 square yards over what should be disturbed with this construction. Any amount over 1050 square yards shall be at the contractor's expense. 5-5 Description of Pay Items If the hydro mulch seeding is initially performed during the dates specified for Rye Grass, the Contractor will be required to come back during the dates specified for Burmuda Grass - and re-seed. For hydro mulch to be accepted, sprigs of seeds must be uniformly appearing over the - entire area of application within 30 days of date of application. At that time, 50% of the bid item can be paid. In addition to this requirement for acceptance, at the time of final acceptance of the project, uniform grass coverage (alive and growing) over all areas seeded must be evident; in other words, there must be 100% coverage of grass at the time of final acceptance. Measurement and payment shall be made on the basis of the price bid per square yard for a maximum of 1050 square yards and shall be full compensation for installing, fertilizing and watering, and all labor, materials, tools, equipment, and any incidentals necessary to complete the work. 2.11. Pay Item # 14 Trench Safety (Storm Drain and Box Culvert): The Contractor shall provide necessary shoring and/or bracing to adequately provide a safe trench situation for storm drainage construction meeting the requirements of the United States Department of Labor Occupational Safety and Health Administration (OSHA). Work shall be performed per NCTCO Item 1.24.3. The contractor shall have a trench - safely plan prepared, signed, and sealed by a registered professional engineer. The footage for trench safety includes 175 feet for the 6'x5' box culvert, 6 feet for the 54" RCP and 3 feet for the 18" RCP. Measurement and payment for this item shall be made on the basis of the price bid per linear foot for all trench depths in excess of five (5) feet. 5-6 Description of Pay Items