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ST9502-CN 951228CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR TOWN CENTER DRIVE AND TOWN CENTER BOULEVARD ST 95-02 E FOR THE CITY OF COPPELL NOVEMBER 1995 TABLE OF CONTENTS Section 1 - Bidding and Contract Documents Notice to Bidders Instructions to Bidders Proposal/Bid Schedule & Prevailing Wage Rates Standard Form of Agreement (Contrac0 Performance Bond Payment Bond Maintenance Bond City of Coppell's Supplementary Conditions to the NCTCOG Standard Specifications for Public Works Construction Section 2 - Specific Project Requirements Section 3 - Special Provisions to Standard Specifications for Construction For this project, the Standard Specifications for Public Works Construction - North Central Texas, as prepared by the North Central Texas Council of Governments and the City of Coppell Standard Construction Details shall govern all work to be done, together with any additional Special Specifications or Specific Project Requirements included herein. Section 4 - Description of Pay Item~ Addendums 1-2 1-2 thru 1-12 1-13 thru 1-30 1-31 thru 1-36 1-37 thru 1-38 1-39 thru 1.40 1-41 thru 1.42 1.43 thru 1-49 2-1 thru 2-7 3-1 thru 3.4 4-1 thru4~3 PROJECT: CONTRACTOR: OWNER: CHANGE ORDER NO.: CITY OF COPPELL ' CHANGE OR EXTRA WORK ORDER DELETE: ADD: Item # 1 2 3 4 Town Center Drive & Town Center Blvd. / ST 95-02 Site Concrete, Inc City of Coppell 1 DATE: CHANGE OR EXTRA WORK TO BE DONE March 22, 1996 Description Quantity Unit Unit Price 8" SS Pipe 260 LF 14.75 4' Dia. Manhole 1 EA 1,250.00 8" D.I. SS Pipe 10 LF 46.50 10" SS Pipe 250 LF 20.25 Total ($3,835.00) $1,250.00 $465.00 $5,062.50 Total Revision to Contract Amount $2,942.50 Previous contract amount Net increase in contract amount Revised contract amount Net increase in contract time of completion Revised Contract time of completion $ 444,214.25 $ 2,942.50 $447.156.75 N/A N/A The contractor hereby accepts this Contract adjustment as a final and complete adjustment in full accord and satisfaction of all past and future liability originating under any clause in the Contract by reason of this revision to the Contract. Reco~nde~ the ~ity Engineer: Date: ~' -<I'--- -~,~ ADDITIONAL MIORK AUTHORIZATION , PHONE I DATE~ 30/4-3684 -15-96 JOB NAME I JOB NUMBER Town Center Dr. &Blvd. 96-16 CITY MANAGER CITY OF COPPELL ADDITIONAL CHARGE FOR ABOVE WORK IS: I Payment to be ma6o as foik~s: AS per original a~reement STREET Town Center Dr. & Blvd. ~,Cr ;: CITY ~ STATE , ;:: Coppell TX ;4196, as received from Pacheco Koch Consulting Pipe @ $ 14.75/LF-- ($3,835.00) ole @ 1,250.00/EA= Sewer Pipe @ 46.50/LF= ,er Pipe @ 20.25/LF= Total Grand Total 1,250.00 465.00 5,062.50 $6,777.50 $2,942.50 $ 2,942.50 Above additional work to be performed under same condib'ons as epecified in original contract unless otherwise stipulated. Date I g Authori~ng Signature V~ hereby agree to furnish labor and materials-con~olete in accordance With the a~ove specifications, at above stated price. Authorized Signature ~ s~ws HERE; THIS IS CHANGE ORDER NO. 1 031511 (OWNER SIGNS HERE) Date 3-15 ~g 96 SITE CONCRETE. it,,.:. ·: P~O. BOX 140096 ..... II~/INI!, TEXAS 75014-0096 PH. 21'4-3:19-0738 FAX 214.-513-0825 ADDITIONAL wORK AUTHORIZATION City of Coppell C/O Kenneth Griffin, P.E. STR~T 255 Parkway Boulevard CITY S~ Coppell 75019 :' :. 96-16 3-5-96 "...EZ'...C' .."...:" .,H. '..." :"'..'=...""~ "" ..""::.%:..'. "'~ .:..'.'7 =." ":..~ ..."". .... .. ' · '.. ' ' You are hereby a~zed ~o ~erform ~e ~ ~cl~c~ly ~rib~ Mdi~l ~: Per revised plans, Revision 1, Dated 3/14/96, Engineers, Inc. on same date. D.~ETION .. :: = 304-3684 -15-96 :!.:~:!JOB NAME l JoB NUMBER : i ~ Town Center Dr, &BIvd. 96-16 i:: j!/,: STREET i: :::~::~ Town Center Dr, & Blvd, I !: CITY STATE Coppe11 TX as received from Pacheco Koch Consulting 1. APPROX. 260 LF 8" Sanitary Sewer Pipe ADDITIONS :: : 2. APPROX. 1 EA 4' Diameter Manhole 3. APPROX. 10 LF 8" D.I. Sanitary Sewer Pipe 4. APPROX. 250 LF 10" Sanitary Sewer Pipe @ $ 14.75/LF= ($3,835.00) @ 1,250.00/~= 1,250.00 @ 46.50/LF= 465.00 @ 20.25/LF= 5,062.50 Total $6,777.50 Grand Total $2,942.50 ADDITIONAL CHARGE FOR ABOVE WORK IS: $ 2,942.50 Payme~m ~madeas ~k~. As per original agreement Above additional work to be performed under same conditions as ~pecified in original contract unless otherwise st~au/ated. Date 19_ Authorizing Signature We hereby agree to f~*nish labor and ma~rials,comptete in accordance with the above specifications, at above s~ated price. THIS IS CHANGE ORDER NO. I (OWNER SIGNS HERE) Date 3-15 FAX ~14.6T~3t26 C)Vl/;4FH S NAME PHONF City of Coppall C/O Kenneth Griffin, P.E. 304-3684 S IREE r JOH NAME 255 Parkway Boulevard Town Center 017 Y ~ STARE STHFF. T Coppall TZ 75019 Town Center t XIShNG CONT/~AC7 re('). IDA/E OI FXISTING CONIHACr CITY 96-16 3-5-96 Coppall aft? tmreby Huttu}r~/ixJ to l)er~)n'; Zho !o/towing ~le~Jffca#y ~ucn~ ~#t~ml ~k: Per revlsed plans, Kevlsion 1, Dated 3/14/96, I~.Gginee~s, 1no, on same date. idO[] ~M~'R Dr. & Blvd. 96-16 Dr. & Blvd. STA !E ~X as received from Pacheco Koch Consulting / 1. APPROX. 260 LF 8" Sanitary Sewer Pipe @ $ 14.75/LF= (S3,835.00) ADDITIONS 2. APPROX. 1 EA 4' Diameter Manhole 3. A2PROX. 10 LF 8" D.I. Sanitary Sewer Pipe 4. APPROX. 250 LF 10" Sanitary Sewer Pipe @ 1,250.O0tEA= 1,250.00 @ 46.50/LF= 465-.00 @ 20.25/LF= 5,062.50 TOtal- $6,777.50 Grand Total $2,942.50 F' ADDITIONAL CHARGE FOR ABOVE WORK IS: $ 2,942.50 Fayrnern to be me~e as foaows: As~ per original agreement Above additional work to be iDerformed under same conditions "as ~oeci~ed in'original contact unless otherwise stipulated. Da~e I g. Authorizing Signature (GIVER SIGNS HERE ) We hereby agree to furnish labor and materials-con~lete in accordance wi~h the above specifications, at above stated price. ,~.,~o~, S,~,~e ,..%2, [ 2/ THIS IS CHANGE ORDER NO. ( - ~ , ~." '[ r '11~ Date 3-15 19 96 " P,0, BOX 140096 ~RVi(',,IG, 'CE~,AS 75014-5096 PH 214-31~073,?, FAX '~4-513-0825 ADDITIONAL WORK AUTHORIZATION OWNER'S NAME STREET DATE OF EXISTING CON IF?ACT PHONE JOB NAME STREET CiTY -',:, i~ ::':'" JOB NUMBER ?C -] You are he,eby auti~orized to perform the following specif~cally described add/honal work.- :. ',", ,, E: 2,, E:'-: ADDITIONAL CHARGE FOR ABOVE WORK IS: Payment to he made as follows-___: ...... :_~:...~ ~ i ..... > '_:, :, !. ': ~' Above additional work to be performed under same conditions as specified in origiaal Contract unless otherwise sh:oulated. Date .............. 19 ..... Authorizing Signalure tOWNEe SIGNS HERE) " AuthOrized ,e, iE1nature . '. : "* *L' ".~c'.Z...:'2,?~.:¢~:_ .L.'.'.'.'.'.'.'.'.'~/-. _.~-::'- ~' . ............... Date THIS IS CHANGE ORDER NO PROJECT: CONTRACTOR: OWNER: CHANGE ORDER NO.: CITY OF COPPELL CHANGE OR EXTRA WORK ORDER Item Town Center Drive & Town Center Blvd. / ST 95-02 Site Concrete, Inc City of Coppell 2 DATE: May 23, 1996 CHANGE OR EXTRA WORK TO BE DONE Description Quantity Unit Unit Price Total ADD: 1 4" Bore for 27 LF 8.00 Sprinkler System $216.00 Total Revision to Contract Amount $216.00 Previous contract amount Net increase in contract amount Revised contract amount Net increase in contract time of completion Revised Contract time of completion $ 447,156.75 216.00 $447,372.75 N/A N/A The contractor hereby accepts this Contract adjustment as a final and complete adjustment in full accord and satisfaction of all past and future liability originating under any clause in the Contract by reason of this revision to the Contract. R;;e~d, by the City Engineer: Agreed to by the Contractor: Acce~~,te~h~ Own~er: Date: Date: Date: 09/19/96 19:11 CITY OF COPPELL ENGINEERING ~ 95130661 NO. 983 CITY OF COPPELL CHANGE OR EXTRA WORK ORDER PROJECT: Town Center Drive & Town Center Blvd. / ST 95-02 CONTRACTOR: Site Concrete, Inc OWNER: City of Coppell CHANGE ORDER NO.: 3 DATE: September 17, 1996 CHANGE OR EXTRA WORK TO BE DONE ADD: Item Description Quantity Unit Unit Price Total # 1 Relocate 8" Water / Tie-In 1 LS 2,000.00 $2,000.00 2 Median Brick Pavers 492 SF 4.75 2,337.00 3 6' Stubout 24" CI IV RCP I EA 510.00 510.00 4 Concret¢ Pavement/6"curb 153.28 8Y 19.35 2,965.97 5 Lime Stabilization 153.28 SY 1.45 222.26 6 Hydrated Lime 2.3 TN 100.00 230.00 7 Restock &mist. cost 1 LS 3,165.00 3,165.00 8 Provide labor & equip. Connect 48" pipe in lake 1 LS 3,306.00 3,306.00 Total Revision to Contract Amount $14,736.23 U02 The contractor hereby accepts this Contract adjustment as a final and complete adjustment in full accord and satisfaction of all past and fatare liability originating under any clause in the Contract by reason of this revision to the Contract. R>mm2d~~Ci7 Engineer: o~~ctor: Date: SECTION 1 BIDDING AND CONTRACT DOCUMENTS SECTION 1 - BIDDING AND CONTRACT DOCUMENTS NOTICE TO BIDDERS The City of Coppell is accepting bids for Town Center Drive and Town Center Boulevard - ST 95-02. Specifications may be obtained from the Purchasing Agent, 255 Parkway Blvd., Coppell, Texas, or telephone (214) 462-0022. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for Town Center Drive and Town Center Boulevard - ST 95-02 will be received in the Purchasing Office at the City of Coppell Town Center, 225 Parkway Boulevard, until 2:00 p.m. on February 9, 1996, and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No. O-1295-02 designated clearly on the exterior of the bid envelope. There will be a "Pre-bid" Conference conducted on February 1. 1996 at 2:00 p.m. in the Coppell Town Center, 255 Parkway Boulevard in the 2nd floor conference room. The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. The Owner reserves the right to accept the alternate bid of a Contractor that did not submit the lowest base bid. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED. Bidders are expected to inspect the site of the work and to inform themselves regarding local conditions and conditions under which the work is to be done. Complete sets of bidding documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO OR MADE A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. (Note: This procedure may not be used, however, for materials which do not become a part of the finished product, such as, equipment rental or purchase, form materials, etc.). In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials (tangible personal property) in the space provided on the bid form. The successful bidder's bid form will be used to develop a separated contract and determine the extent of the tax exemption. 1-2 Bidding and Contract Documents BIDDING AND CONTRACT DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Defined Terms. Terms used in these Instructions to Bidders which are def'med in the Standard Specifications for Public Works Construction - North Central Texas latest addition, as prepared by the NCTCOG and the Supplementary Conditions of Agreement have the meanings assigned to them in these General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom the Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific def'med terms are: Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "ENGINEER" is used in the specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized representative, City of Coppell, P.O. Box 478, Coppell, Texas 75019. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. 2. Scope of Work. This project is located in the proposed right-of-way and easements on vacant land south of Parkway Boulevard and east of Denton Tap Road. The scope of work is as shown on the construction plans (ST 95-02) and as stated in these specifications. Generally, the work shall consist of the installation of storm sewer pipe, inlets, water lines, fire hydrants, valves, sanitary sewer lines, concrete paving, brick pavers, etc., associated with the construction of 1200 L.F. of roadway. 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. 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. 1-3 Bidding and Contract Documents 3.2 3.3 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. Complete sets of Bidding Documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issued. The Owner, in making copies of Bidding Documents available on the above 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. 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. 1-4 Bidding and Contract Document~ D. Financial. Each Bidder shall be prepared to submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement (current within the last six (6) months of bid date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. E. Technical Experience. The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. F. Proof that the bidder maintains a permanent place of business. Conflict of Interest. City Charter states that no officer or employee of the City shall have a f'mancial interest, direct or indirect, in any contract with the City, nor shall be 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. Examination of Contract Documents and Site. Access to the site shall be from Denton Tap Road and Parkway Boulevard. Prospective Bidders shall respect all improvements. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to the OWNER. 1-5 Bidding and Contract Documents 6.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwige occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. 6.3 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 6.4 On request in advance, Owner will provide each Bidder access to the site to conduct explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former conditions upon completion of such explorations. 6.5 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract documents. 6.6 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 6, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7. Interpretations and addenda. 1-6 Bidding and Contract Documents 7.1 7.2 8.2 8.3 10. 11. 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. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. Contract Time. Because time is of the essence, the total time for completion in calendar days has been set at 100 calendar days. Also, because of the construction of the Coppell Criminal Justice Center and the need to tie-in utilities, the water and sewer to service that facility shall be completed within the first 30 days of the project and the storm drainage to service the facility within the first 60 days. The calendar day count shall commence ten (10) calendar days after the date of the Notice to Proceed. Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule chart to the Owner for approval. Extension of the contract time shall be based on a Change Order or written amendment as specified in Item 1.36 of the General Provisions. Liquidated Damages. Provisions for liquidated damages are set forth in the Contract. Liquidated damages for this project are: Two hundred forty dollars ($240.00) per calendar day. 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. Subcontractors, Suppliers, and Others. 1-7 Bidding and Contract Documents 11.1 If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, supplier, person or organization if requested by the Owner. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrif'~cing 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. 1-8 Bidding and Contract Documents 13. 14. 15. 16. 16.1 16.2 If the bid is made by a firm or parmership, the name and post office address of the managing member of the firm or partnership shall be given or the bid may be signed by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members of the firm or partners. 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. 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. Submission of Bids. Bids will be received by the Purchasing Agent, and shall be submitted to the Purchasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 478, Coppell, Texas 75019 until 2:00 p.m. on February 9th, 1996, and then publicly opened and read aloud. Two identical copies of the bid enclosed in an opaque sealed envelope and marked with the Project title, City of Coppell Bid No. Q-1295-02 and the name and address of the Bidder shall be submitted. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED TOWN CENTER DRIVE AND TOWN CENTER BOULEVARD - ST 95-02" on the face of it and addressed to the Purchasing Agent, City of Coppell, Texas. Modification and Withdrawal of Bids. Bids may be modified or withdrawn by an appropriate 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. 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. 1~9 Bidding and Contract Documents 17. 18. 19. 19.1 19.2 Rejection of Bids. Bids may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid from an individual, f'trrn 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. 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. Award of Contract. The Owner reserves the right to reject any and all Bids, to waive any and all informalities except for the time of submission of the Bid and to negotiate contract terms with the Successful Bidder. The Owner also reserves the right to reject all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, the Owner reserves the right to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or has doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In evaluating Bids, the owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit .prices, completion time, and other data, as may be requested in the Bid form or prior to the Notice of Award. 1-10 Bidding and Contract Documents " 19.3 19.4 19.5 19.6 20. 21. 22. 23. The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. The Owner may conduct such investigations as the owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. If contract is to be awarded, it will be awarded to the lowest and best qualified. Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of Award within ninety (90) days after the date of the Bid opening. Execution of Agreement. Within two (2) 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. Affidavit of Bills Paid. Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and that there are no claims pending. Bid Compliance. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction. The Contractor shall commence work within ten (10) calendar days after the date of Notice to Proceed. 1-11 Bidding and Contract Documents 24. 25. 26. 27. 28. 29. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the construction contract, the successful bidder shall provide a per item breakdown of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. Silence of Specification. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. Change Orders. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the Owner. 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. Ventle. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Dallas County, Texas. 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. 1-12 Bidding and Contract Documents BIDDING AND CONTRACT DOCUNENTS BID FORM PROJECT IDENTIFICATION: Town Center Drive and Town Center Boulevard - ST 95-02 in Coppell, Texas. (NA~ME OF ) t 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-1295-02 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within two (2) days after the date of OWNER's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): No: ~ Date: Rec'd: 1-13 Bidding and Contract Document~ BIDDING AND CONTRACT DOCUMENTS BID FORUM PROJECT IDENTIFICATION: Town Center Drive and Town Center Boulevard - ST 95-02 in Coppell, Texas. ( F FII/dVl) EO · 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-1295-02 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within two (2) days after the date of OWNER's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): No: Date: 2~biqko Rec'd: 1-13 Bidding and Contract Document~ (C) (d) (e) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. BIDDER has studied carefully all reports and drawings of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon 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. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests reports or similar information or data are or will be required by BIDDER for such purposes. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 1-14 Bidding and Contract Documents (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. 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, rum or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for in the Contract Documents. It is understood and agreed that all work under this contract will be completed within the bid calendar days. Completion date will be established in the Notice to Proceed. BIDDER will complete the Work for the following price(s): 1-15 Bidding and Contract TOWN CENTER UNIT PRICE BID SCHEDULE DRIVE AND TOWN CENTER BOULEVARD BASE BID ST 95-02 Item No. Quantity 326 Unit L.F. Description and Price in Words Unit Price 48" Storm Drain Pipe Complete in Place Eighty-three Dollars and seventy-five Cents per L.F. Total Price 83.75 27,302.50 2 1154 L.F. 36" Storm Drain Pipe Complete in Place Sixty Dollars and seventy-five Cents per L.F. 60.75 70,105.50 215 L.F. 30" Storm Drain Pipe Complete in Place Fifty-one Dollars and seventy-five Cents per L.F. 51.75 11,126.25 4 196 L.F. 24" Storm Drain Pipe Complete in Place Forty-five Dollars and no Cents per L.F. 45.00 8,820.00 1-16 Bidding and Contract Documents TOWN CENTER UNIT PRICE BID SCHEDULE DRIVE AND TOWN CENTER BOULEVARD ST 95-02 BASE BID Item Quantity Unit 5 96 L.F. 6 44 L.F. Description and Price in Words 18" Storm Drain Pipe Complete in Place Forty Dollars and no Cents per L.F. 12" Storm Drain Pipe Complete in Place Thirty-five Dollars and no Cents per L.F. Unit Total Price Price 40.00 3,840.00 35.00 1,540.00 7 150 L.F. 36" RCP Complete in Place Sixty-one Dollars and no Cents per L.F. 61.00 9,150.00 8 58 L.F. 30" RCP Complete in Place Fifty-one Dollars and thirty-five Cents per L.F. 51.35 2,978.30 1-17 Bidding and Contract Documents TOWN CENTER UNIT PRICE BID SCHEDULE DRIVE AND TOWN CENTER BOULEVARD ST 95-02 BASE BID Item 9 Quantity 108 Unit L.F. Description and Price in Words Unit Price 21" RCP Complete in Place Forty-two Dollars and thirty-five Cents per L.F. Total Price 42.35 4,573.80 10 Each 14' Inlet (Recessed Curb) Complete in Place Two thousand nine hundred fifty Dollars and no Cents per Each. 2,950.00 5,900.00 11 2 Each 10' Inlet (Recessed Curb) Complete in Place Two thousand five hundred fifty Dollars and no Cents per Each. 2,550.00 5,100.00 12 Each 10' Curb Inlet Complete in Place Two thousand two hundred fifty Dollars and no Cents per Each. 2,250.00 2,250.00 1-18 Bidding and Contract Documents TOWN UNIT PRICE BID SCHEDULE CENTER DRIVE AND TOWN CENTER BOULEVARD BASE BID ST 95-02 Item 13 Quantity Unit Description and Price in Words Unit Price Each 5' x 5" Type "Y" Inlet Complete in Place Nine hundred fifty Dollars and no Cents per Each. 950.00 Total Price 2,850.00 14 Each Remove Type "Y" Inlet Complete in Place Four hundred fifty Dollars and no Cents per Each. 450.00 450.00 15 6 Each Standard 2-Grate Inlet Complete in Place One thousand seven hundred fifty Dollars and no Cents per Each. 1,750.00 10,500.00 16 Each Connect 48" Storm Drain Pipe Downstream Headwall Complete in Place Two thousand five hundred Dollars and no Cents per Each. 2,500.00 2,500.00 1-19 Bidding and Contract Documents, TOVVN CENTER UNIT PRICE BID SCHEDULE DRIVE AND TOWN CENTER BOULEVARD ST 95-02 BASE BID Item No. 17 Quantity Unit L.S. Description and Price in Words Unit Price Channel Work for 48" RCP Complete in Place Three thousand seven hundred fifty Dollars and no Cents per L.S. Total Price 3,750.00 3,750.00 18 12 S.F. 4" Concrete Slope Protection with 6" Toe Wall Complete in Place Twelve Dollars and no Cents per S.F. 12.00 144.00 19 1,115 L.F. 8" Sanitary Sewer Pipe Complete in Place Fourteen Dollars and seventy- five Cents per L.F. 14.75 16,446.25 20 Each 4' Diameter Manhole Complete in Place One thousand two hundred fifty Dollars and no Cents per Each. 1,250.00 3,750.00 1-20 Bidding and Contract Documents TOIVN UNIT PRICE BID SCHEDULE CENTER DRIVE AND TOWN CENTER BOULEVARD BASE BID ST 95-02 Item No. 21 Quantity 4 Unit Each Description and Price in Words Unit Price 8" Sanitary Sewer Plug Complete in Place Three hundred fifty Dollars and no Cents per Each. 350.00 Total Price 1,400.00 22 1563 L.F. 8" Water Line Complete in Place Twelve Dollars and seventy-five Cents per L.F. 12.75 19,928.25 23 0.72 Ton Fittings Complete in Place Three thousand Dollars and no Cents per Ton. 3,000.00 2,160.00 24 Each 8" x 16" Tapping Sleeve and 8" Valve Complete in Place One thousand two hundred ninety-five Dollars and no Cents per Each. 1,295.00 1,295.00 1-21 BMding and Contract Documents UNIT PRICE BID SCHEDULE TOWN CENTER DRIVE AND TOWN CENTER BOULEVARD BASE BID ST 95-02 Item Quantity Unit Description and Price in Words Unit Price 25 6 Each Fire Hydrant with 8" x 6" Tee and 6" Valve Complete in Place One thousand four hundred fifty Dollars and no Cents per Each. Total Price 1,450.00 8,700.00 26 7 Each 8" Valve Complete in Place Six hundred seventy-five Dollars and no Cents per Each. 675.00 4,725.00 27 24 S.Y. Remove and Replace Pavement for 8" Water Line includes saw cutting Complete in Place Sixty-five Dollars and no Cents per S .Y. 65.00 1,560.00 28 1 L.S. Relocate Power Pole with Street Light Complete in Place and per L.S. Dollars Cents NA 1 ~22 Bidding and Contract Documents TOWN CENTER UNIT PRICE BID SCHEDULE DRIVE AND TOWN CENTER BOULEVARD BASE BID ST 95-02 Item Quantity Unit 29 4 Each 30 1 L.S. Description and Price in Words Remove Tree Complete in Place and per Each. Dollars Cents Remove Brick Planter Complete in Place Two thousand five hundred Dollars and no Cents per L.S. Unit Price Total Price NA 2,500.00 2,500.00 31 1 L.S.. Turn Lane Buttons & Striping Complete in Place One thousand two hundred fifty Dollars and no Cents per L.S. 1,250.00 1,250.00 32 395 S.Y. Driveway (6" thick) Complete in Place Twenty-three Dollars and seventy-five Cents per S.Y. 23.75 9,381.25 1-23 Bidding and Contract Documents TOWN CENTER UNIT PRICE BID SCHEDULE DRIVE AND TOWN CENTER BOULEVARD BASE BID ST 95-02 Item No. 33 Quantity 128 Unit S.Y. Description and Price in Words Pavement Removal (including saw cuuing) Complete in Place Twelve Dollars and seventy-five Cents per S.Y. Unit Price Total Price 12.75 1,632.00 34 6,507 S.Y. Concrete Pavement with 6" Monolitlic Curb Complete in Place Nineteen Dollars and thirty-five Cents per S.Y. 19.35 125,910.45 35 7273 S.Y. Lime Stabilization Complete in Place One Dollars and forty-five Cents per S.Y. 1.45 10,545.85 36 110 Ton Hydrated Lime (30# / S.Y.) Complete in Place One hundred Dollars and no Cents per Ton. 100.00 11,000.00 1-24 Bidding and Contract Documents UNIT PRICE BID SCHEDULE TOWN CENTER DRIVE AND TOWN CENTER BOULEVARD BASE BID ST 95-02 Item No. Quantity Unit Description and Price in Words Unit Price 37 8 Each 38 1,795 S .F. Barrier Free Ramp Complete in Place Five hundred Dollars and no Cents per Each. Median and Non Street Pavers with sand and edge restraint Complete in Place Four Dollars and seventy-five Cents per S.F. Total Price 500.00 4,000.00 4.75 8,526.25 39 416 S.F. Street Pavers with sand Complete in Place Five Dollars and seventy-five Cents per S.F. 5.75 2,392.00 40 628 L.F. 4" Conduit Complete in Place Seven Dollars and ninety-five Cents per L.F. 7.95 4,992.60 1-25 Bidding and Contract Documents TOWN CENTER UNIT PRICE BID SCHEDULE DRIVE AND TOWN CENTER BOULEVARD BASE BID ST 95-02 Item No. Quantity unit 41 628 L.F. Description and Price in Words 2" Conduit with Pull Wire Complete in Place Six Dollars and seventy-five Cents per L.F. Unit Price 6.75 Total Price 4,239.00 42 1 L.S. Excavation and Grading Complete in Place Twenty-five thousand Dollars and no Cents per L.S. 25,000.00 25,000.00 TOTAL BID ITEMS 1 THRU 42 $ 444,214.25 TANGIBLE PERSONAL PROPERTY COST $ 282,726.76 1-26 Bidding and Contract Documents BID SUMMARY TOTAL PRICE CALENDAR DAYS TOTAL BASE BID ITEMS 1 THRU 42 $ 444,214.25 150 In Words: Four hundred forty-four thousand, two hundred fourteen dollars and 25 cents. , BIDDER agrees that all Work awarded will be completed within 100 Calendar Days. Contract time will commence to run as provided in the Contract Documents. , Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in the Contract Price (see Instructions to Bidders). The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as pan of the Contract Documents have the meanings assigned to them in the General Conditions. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adjusted accordingly. SUBMITTED ON February 9. 1996. 1-27 Bidding and Contract Documents The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be calendar days from the date of the bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwise indicated by Bidder.) STATE OF 'TC,./-~'5 COUNTY' OF ME, the undersigned authority, a Notary Public in and for the State of personally appeared ~eC.~ %'~:~"~'X who after being by me Name duly sworn, did depose and say: BEFORE , on this day Name of Fi/'m foregoing on behalf of the said am a duly authorized office/agem for and have been duly authorized to execute the 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." Telephone: (Z.\~) TitXe: 1-28 Bidding and Contract Dotumtntt SUBSCRIBED AND SWORN to before me by the above named on this the ~ .~'x day of '~e_-b fk~z~.c~ An Indi~ ' By doing business as (Individual's Name) i My Commission ExDires 02-23-1997 ~ Busine~a'Idress Phone No. A Partnership By (Firm Name) (Seal) Busines~fidress (General Partner) Phone No. A Corporation By '~k~ve~ t~,..~r._x-e'k'e_ (Corporation ~e) (State of Inco~oration) By ~~ ~. (Nine of ~rson au~o~ed to sign) (Title) Bus~e~~~ ~C~e ~ ~ ~ Phone No~ A Joint Venture By By (Name) (Address) (Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a partner to the joint venture should be in the manner indicated above.) 1-29 and ConIrma Documents SECTION 00640 - LABOR CLASSIFICATION AND MINIMUM WAGE SCALE The City of Coppell is the contracting agency for this construction project. The following statute requires any contracting agency to specify the generally prevailing rate of wages in contracts that are bid. Vernon's Texas Civil Statutes - Article 5159a: "Construction of Public Works in State and Municipal or Political Subdivisions; Prevailing Wage Rate to be maintained." Pursuant to the requirements of this statute, the City of Coppell, has ascertained the following rates of wages are paid m various classifications of workers in the locality of this project. Not less than the following hourly rates shall be paid for the various classifications of work required by this project. Workers in classifications where rates are not identified shall be paid not less than the general prevailing rate of "laborer" for the various classifications of work therein listed. The hourly rate for legal holiday and overtime work shall be not less than one and one-half (1 & 1/2) times the base hourly rate. The rates specified are journeyman rates. Apprentices may be used on the project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate not less than 60% of the joumeyman's wage as shown. At no time shall a journeyman supervise more than one (1) apprentice. All apprentices shall be under the direct supervision of a journeyman working as a crew. CLASSIFICATION HOURLY RATE CLASSIFICATION HOURLY RATE Air Tool Operator $7.554 Asphalt Raker 8.565 Asphalt Shoveler 8.255 Batching Plant Weigher 9.37 1 BaUerboard Setter 8.920 Carpenter 9.447 Carpenter Helper 7.695 Concrete Finisher - Paving 9.345 Concrete Finisher Helper Paving 8.146 Concrete Finisher - Structures 9.058 Concrete Finisher Helper Structures 7.494 Concrete Rubber 7.733 Electrician 12.761 Electrician Helper 8.436 Flagger 5.598 Form Builder - Structures 8.717 Form Builder Helper Structures 7.550 Form Liner - Paving & Curb 8.913 Form Setter - Paving & Curb 8.686 Form Setter Helper Paving &Curb 7.787 Form Setter - Structures 8.427 Form Setter Helper Structures 7.356 Laborer - Common 6.402 Laborer - Utility 7.461 Manhole Builder 11.0130 Mechanic 10.658 Mechanic Helper 8.345 Oiler 8.698 -- 1-30 CLASSIFICATION HOURLY RATE Servicer 8.104 Painter - Structures 10.913 Painter Helper Structures 8.000 Piledriver 7.500 Piledriver Helper 7.000 Pipe Layer 8.509 Pipe Layer Helper 7.037 Blaster 11.333 Blaster Helper 7.250 Asphalt Distributor Operator 8.404 Asphalt Paving Machine 9.053 Broom or Sweeper Operator 7.908 Bulldozer, 150 HP & Less 8.703 Bulldozer, Over 150 HP 9.160 Concrete Paving Curing Machine 8.213 Concrete Paving Finishing Machine 9.453 Concrete Paving Form Grader 8.500 Concrete Paving Joint Machine 9.042 Concrete Paving Joint Sealer 7.350 Concrete Paving Saw 9.290 Concrete Paving Spreader 9.750 Paving Sub-Grader 9.000 Slipform Machine Operator 9.000 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Less Than 1 i/2 C.Y. 9.513 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel 11/2 C.Y. &Over 10.517 Crusher or Screening Plant Operator 9.500 Form Loader 12.000 Foundation Drill Operator Crawler Mounted 10.000 Foundation Drill Operator Truck Mounted 11.138 Foundation Drill Operator Helper Truck/Crawler 8.688 Front End Loader 21/2 C.Y. & LesS. 823 Front End Loader Over 21/2 C.Y 9.311 Hoist - Double Drum 8.917 Milling Machine Operator 6.650 Mixer (over 16 C.F.) 9.000 CLASSIFICATION HOURLY RATE Mixer (16 C.F. & Less) 7.913 Mixer - Concrete Paving 9.500 Motor Grader Operator Fine Grade 10.346 Motor Grade Operator 9.891 Pavement Marking Machine 6.402 Roller, Steel Wheel Plant - Mix Pavements 8.339 Roller, Steel Wheel Other Flatwheel or Tamping 7.963 Roller, Pneumatic, Self-Propelled 7.403 Scraper - 17 C.Y. &Less 8.138 Scraper - Over 17 C.Y. 8.205 Side Boom 7.793 Tractor - Crawler Type 150 HP &Less 8.448 Tractor - Crawler Type Over 150 HP 8.448 Tractor - Pneumatic 7.735 Traveling Mixer 7.615 Trenching Machine - Light 8.188 Trenching Machine - Heavy 12.498 Post Hole driller Operator 9.000 Wagon - Drill, Boring Machine 9.000 Reinforcing Steel Setter Paving 9.218 Reinforcing Steel Setter Structuresl 1.548 Reinforcing Steel Setter Helper 8.665 Steel Worker - Structural 12.860 Sign Erector 11.436 Sign Erector Helper 6.402 Spreader Box Operator 6.988 Barricade Servicer Zone Work 6.402 Mounted Sign Installer Permanent Ground 6.402 Truck Driver - Single Axle Light 7.465 Truck Driver - Single Axle Heavy 8.067 Truck Driver - Lowboy/Float 9.653 Truck Driver - Transit Mix 7.507 Truck Driver - Winch 8.200 Vibrator Operator 7.000 Welder 10.459 Welder Helper 9.000 1-30a STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the d2 ~ 2~day of 2~f~~t~..ct in the year 1996 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and Site Concrete, Inc. (hereinafter called) C~2ACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This project is located in the proposed right-of-way and easements on vacant land south of Parkway Boulevard and east of Denton Tap Road. The scope of the work is as shown on the construction plans (ST 95-02) and as stated in these specifications. Generally, the work shall consist of the installation of storm sewer pipe, inlets, water lines, fire hydrants, valves, sanitary sewer lines, concrete paving, brick pavers, etc., associated with the construction of 1200 L.F. of roadway. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Town Center Drive and Town Center Boulevard ST 95-02 Article 2. ENGINEER. The Project has been designed by: Pacheco Koch Consulting Engineers, Dallas, Texas Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 1-31 Standard Form of Agreement Article 3. CONTRACT TIME. 3.1. The Work will be completed within 150 calendar days from the date when the Contract time commences to run as provided in Item 1.13 of the General Provisions, and completed and ready for final payment in accordance with Item 1.51 of the General Provisions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence 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. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 - Proposal and Bid Schedule. The contact sum shall be the amount of $ 444,214.25 . The total tangible personal property cost included in the contract sum is $ 282,726.76 Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 1.51 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 1-32 Standard Form of Agreement 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated in Item 1.51.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 1.52 of the General Provisions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 1.51.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Item 1.51.4. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 1.3 of the General Provisions, and accepts the determination set forth in Item SC-1.20 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous .to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 1.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities 1-3 3 Standard Form of Agreement are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 1.3, 1.20 and 1.21 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACTOR DOCUMENTS. The Contract Documents which comprise the entire agreement CONTRACTOR concerning the Work consist of the following: 8.7. 8.8. 8.9. between OWNER and 8.1. This Agreement (pages 31 thru 36, inclusive). 8.2. Exhibits to this agreement (immediately following this Agreement, inclusive). 8.3. Certificate of Insurance. 8.4. Notice of Award. 8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction, NCTCOG, latest edition. 8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 43 thru 49). Specifications bearing the title: "Construction Specifications and Contract Documents for Town Center Drive and Town Center Boulevard - ST 95-02 for the City of Coppell". Drawings entitled: "Town Center Drive and Town Center Boulevard - ST 95-02". The following listed and numbered addenda: 8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding and Contract Documents. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award. 1-34 Standard Form of Agreement 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hemto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 1.37 and 1.38 of the General Provisions. 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 1.37 and 1.38 of the General Provisions. 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 partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 1-35 Standard Form of Agreement Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on OWNER: City of Coppell 255 Parkway Boulevard Coppell, TX 75019 B~X~~ ~J~ ATTEST: . Address for giving notices: CONTRACTOR: Site Concrete, Inc. 3328 Roy Orr Grand Prairie, TX 75050 P.O. Box 478 Coppell, Texas 75019 A~n: Ken Griffin, P.E. Assistant City Manager/City Engineer (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 1-36 Standard Form of Agreement SITE CONCRETE, INC. 3328 Roy Orr · Grand Prairie, TX 75050-4207 · 214-313-0733 · FAX 214-513-0825 Mailing Address: P. O. Box 140096 · Irving, Texas 75014-0096 March 6, 1996 RESOLUTION I, Jerry Bowen, Corporate Secretary of Site Concrete, Inc. authorize Jean S. Boney, President of Site Concrete, Inc. to sign contract documents for Town Center Drive and Town Center Boulevard, Coppell, Texas. J e~~& J J ~ AEHiltl). ' Upshaw Insurance Agency, Inc. 275 W. Campbell Road, #619 Richardson TX 75080-3605 -- D Armstrong 214-238-0361 I~URED CERTIFICr"'E OF INSURANCE .. c. DATE..,D.,,,,,, SXTEC-I 03/15/96 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A O 8 Fire Ins Co COMPANY 8 North River Ins Co COMPANY Site Concret. e, Inc. C Insurance Company of the P. O. Box 140096 COMPANY Irving TX 75014-0096 D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY B:FECTIVE POLICY EXRRAT~N LTR ~ OF INSURANCE POUCY NMER DATE (MM/DD/YY) DATE (MM/DD/YY) GENBiA/. UABIUTY A X COMMERCIAL OENERAL LIABILITY 5031381258 05/11/95 05/11/96 i~i:~i:. I cu~Ms MADE [~] OCCUR OWNER'S & CONTRACTOR'S PROT AUTONIOBILE UABIUTY __ B Z ANY AUTO 133612234 05/11/95 05/11/96 ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS UMITS GENERAL AGGREGATE fJ 2000000 PRODUCTS - COMPIOP AGG % 1000000 PERSONAL & ADV INJURY $ 1000000 EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Any one fire) $ 50000 MEn EXP {Any one person) ~ 5000 COMBINED SINGLE LIMIT $ 1000000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (; A C GARAGE UABIUTY AUTO ONLY - EA ACCIDENT .-,.........,.........,....,........,........-...................-. ANY AUTO OTHER THAN AUTO ONLY: ~:~:E:i:i:~:~:!:~:!:~:~:~:~:~:~:E:E:~:!:!:!:~:!:[:~:~:E:i:E:E:!:~:i:!:!:!:~:~:i: EACH ACCIDENT AGGREGATE EXCm U/ilUTY EACH OCCURRENCE $ 5000000 · I UMBRELLA FORM 5530253922 05/11/95 05/11/96 AGGREGATE ~ 5000000 OTHER THAN UMBRELLA FORM EMPLOYB%~' UABIUTY EACH ACCIDENT $ THEPROPB,_r'rOP,/ ~ ;NC- '~fC8772856:RA 12/O1/95 12/O1/96 D~SEASE-POUCYUM~T PARTNERS/EXECUTIVE OFRCERS ARE: EXCL DISEASE - EACH EMPLOYEE 0THBI a Property 5031381258 05/11/95 05/11/96 DF~CRIPTION OF OPI~',ATIONS/I.OCATIONS/VEHICL.ES/SPECIAL ITENIS Job # 96-16 Town Center Dr - Town Center Blvd,, Coppe11, Texas CTYC2 - 1 SHOULD ANY OF THE/lOVE DESCRIBED POLICIES BE CANCR: m BI~ORE THE EXPIRATION DATE THI~EOF. THE I~SUINO COMPANY W1LL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CEITTIFICATE HOLDEl NAMED TO THE Li~T. City o f Coppe 11 nUT FNLURE TO MNL SUCH NOTICE SHALL INIPOSE NO OBUGATION OR UABIUTY 255 Parkway elvd. Coppe 11 TX 750 19 OF ANY KIND UPON THE COMPANY. ITS AGI~TS OR RBqtESENTATIVES. Ae, liltlL CERTIFICI"'E OF INSURANCE moo~m Upshaw Insurance agencyr lnc, 275 W. Campbell Road, #619 Richardson TI 75080-3605 214-238-0361 INSURED : : DATE 0i/DD/YY) 8ZrEC-i 05/09/96 THIS CERTIFICATE IS I&SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE Crrr. RTIFICATE HOLDER. THI CERTIFICATE DOF..~ NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUC, IF.J BELOW. COMPANIES AFFORDING COVERAGE COMPANY A O 8 Fire Ins Co COMPANY 8 North River Ins Co COMPANY Site Concrete, Inc. C P. O, BOx 140096 COMPANY Irving TX 75014-0096 D THIS IS TO CERTIFY THAT THE POLICES OF INSURANCE LISTED 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 POLICES DESCRIED HEREIN IS SUBJECT TO ALL THE TERMS, B EXCLUSIONS AND CONDITIONS OF SUCH POLICES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I TYPE OF INIURANCE POUCY NUMIB~ POLICY ,,":"~'TIVE POLICY EXPIRATION DATE &41eAR~)PfYI DATE {NIM,.~D/YY~ GENBe, AI. UNIIUTY Z COMMERCIAL GENERAL LIABIUTY 5031285066 05/11/96 05/11/97 OWNER'S & CONTRACTOR'S PROT AUTOIRDNI.E UAIIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-O%NNED AUTOS X33614032 05/11/96 05/X1/97 LlalTI GENEPJd.. AGGREGATE $ 2000000 PRODUCTS - COMP/0P AGG $ lO000OO PERSONAL & ADV INJURY S 1000000 EACH OCCURRENCE $ 1000000 FIRE DN~AGE (Any ore fir.) e 50000 MED EXP CAr./om .men) * 5000 COMBINED S~NGLE UM~T * 1000000 BODILY INJURY $ (Per men) BODILY INJURY $ (Per acctdem) PROPERTY DAMAGE $ A OARAGE U.,eIILITY __ ANY AUTO EXCEll U/IIUTY · UMBRELLA FORM OTHER THAN UMBRELLA FORM WOIe(il, CO MFINIATION AIM) THE PROPRIETOR/ ~ INCL PARTN ERS/EXECUTIVE OFRCERS ARE: EXCL OTHBi 5530380768 05/11/96 05/11/97 AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE I STATUTORY UMITS EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE 5000000 5000000 Job # 96-16 Town Center Dr. - Center Blvd., Coppell, Tx. CERTFICATE HOLDER City of Coppell 255 Parkway Blvd. Coppe11 TX 75019 ACORD 26-8 13193) C'lfZC2 - 1 CANCELLATION IHOULDANYOFTHgAIOVEDIICIqlIEDFOIJClEIIECANCmsmlEFORETHE EX]qRATION DATE THBIEOF, THE ~ CONIPMY WILL BII)EAVOR TO MNL 0 DAYI WRITTEN NOTICE TO THE CITTIRC NAMED TO THE LIFT, M NO IK, td.L IE TIO UAIIUTY IA TION 1993 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATI'ER OF INFOKMAT1ON ONLY AND CONFERS NO RIGHTS UPON YOU THE CERIIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AN, lEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. SITE CONCRETE, INC. ] . P.O. BOX 140096 Name and IRVING, TX 75014 ~ address of Insured. Is at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their It terms, exclusions and conditions and is not aered by any requirement, term or condiljon of any contract or other document with respect to which this certificate may be issued, EXP, DATE · [] CONTINUOUS TYPE OF POLICY [] EXTENDED POLICY NUMBER LIMIT OF LIABILITY [] POLICY TERM WORKERS COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY LAW OF THE FOLLOWING STATES: COMPENSATION 12/1/96 WC7-191-419018-015 TX BodilVlniurvBVAccident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Person GENERAL General Aggregate - Other than Products/Completed Operations LIABILITY [] OCCURRENCE Products/Completed Operations Aggregate F~ CLAIMS MADE ' Bodily Injury and Property Dama~le Liabili~ Per Occurrence Personal and Advertising Injury Per Person RETRO DATE Organization Other Other AUTOMOBILE Each Accident - Single Limit LIABILITY B.I. and P.D, Combined E~ OWNED Each Person [] NON-OWNED Each Accident or Occurrence [] HIRED Each Accident or Occurrence OTHER ADDITIONAL COMMENTS Job #96-16 Town Center Drive Coppell, Texas & Town Center Boulevard * If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. SPECIAL NOTICE-OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPUCATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: City of Coppell CER~FICATE 255 Parkway Blvd HOLDER ' Coppell, TX 75019 Liberty Mutual Group MINA LEE KIM AUTHORIZED REPRESENTATIVE IRVING- JL (800) 443-2692 OFFICE PHONE NUMBER DATE ISSUED This certificate is executed bv LIBERTY MUTUAL GROUP as respects such insurance as is affL~rded bv Those Companies BS 772L R2 STATE OF TEXAS } COUNTY OF DALLAS } PERFORMANCE BOND Bond No. 22-000-308 KNOW ALL ,MEN BY THESE PRESENTS: That Site Concrete, Inc. whose address is 3328 ROy 0rr Blvd., Grand Prairie, TX 75050 heroinafter called Principal, and Iibertv Mutual Insuraqce Company a corporation organized and existing under the laws of t~oemmon~we !Ja Massachusetts , axial licensed to transact business in the Sta.te_of Texas as Surety, are ~ and firrely bound unto CITY OF COPPELL, a municipal corporation organized and existing under the laws of the Sure of Texas, heroinafter called "Be~ciary", in the penal sum of. Four aundre~ Forty Four Thousand Two Hundred Fourteen and 25/100 ............................ ($ 444,214.25 ) in lawful money of the United States, to be paid in Dallas Count>t: 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, fLrrnly by these presents. T'_~s Bond shall automatically be increased by the amount of any Change Order or Suppiemeatai Agreement which increases the Contract price, but in no event shah 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 ~e City of Coppert, the Beneficiary, dared the 5!;h Of March , A.D. 19 96 , which is made a part hereof by reference, for the construction of certain public improvements that arc generally described as follows: Town Center Drive & Town Center Boulevard Project No. ST 95-02 Bid No. Q~1295-02 NOW, THEREFORE. ff the Principal shall well, truly and faith~zlly perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract 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 Connet, and shall also well and truly perform and fulfill all the undertakings, covenants, tens. conditions and a~eements 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 the appear within a period of one (1) year from the date of final completion and final ~icceptance 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 pe~orm 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 b,~ void; otherwise, it shall remain in full force and effect. I ~37 Pe,'/o,'n,,;e So,"~ PROVIDED FURTHER, that if any legal action be fled on this Bond, exclusive Venu~ 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 Conwac:' or w 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 suc:~. 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 tmdenigned and designated agent is hereby designated by the Surer/herein as the Resident Agent in Dallas Counr/or Denton Cotmr/to whom any requisite notices may ~: delivered and on whom service of process may be had in matters arising out of such sureWship, as provided by Article 7.19-1 of the insurance Code, Vemon's Annotated Civil Statutes of the State of Texas. IN WITNESS WREREOF, this instrument is executed in each one of which shall be deemed an original. this tl~ Stb day of 19,. 9~- Four (4) COpieS, March PKI~CIPAL SURETY Site Concrete, Inc. Liberty Mutual Insurance Company Tide: Attorney-In-Fact r Denton County, Texas, for delivery of notice and service of the process is: William D, Baldwin yi~E)DI~S: 1201Kas Dr., Ste. B, Richardson, TX 75081 N02~: Date of Performance Bond mutt be date of Contract. If Resident Agent is not a corporation. give a person Bond No. 22-000-308 PAYMENT BOND STATE OF TEXAS } COL~ITY OF D,~LLAS } I~NOW ALL MEN BY TKESE PRESENTS: That $ite Concrete, Inc. whose address is 3328 Roy Orr Blvd., Grand Prairie, TX 75050 hereirmf~er called Principal, and Libertv Mutual Insurance Company a corporation organized and existing under the laws OfCortlmemo~nwea t f Massachusetts , alld f~!i'~' licensed to transact business in the State of Texas as Surety, gte°~d and fay bound unto CITY OF COPPELL, a municipal corp.or_ation organized and existing under the taws of ~e of Texas, hereinafter called "Beneficiary", in the penal sum of Four Hundred Forty Four Thousand Two Hundred Fourteen and 25/100 ............................. DOLLA!R_S ($ 444,214.25 ) 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 shad 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 u-his Bond. T_~__- OBLIGATION TO PAY SA1VtE is condifioned as follows: Whereas, the Principal entered into a certain Contract with the City of Copp~ll, dated rile 5th . March . , A.D. 19 96 , which is made a pan hereof by reference, for the construction of certain public improvements that are generally described as follows: Town Center Drive & Town Center Boulevard Project No. ST 95-02 Bid No. Q-1295-02 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, tim, 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 a~ees 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 Ptans, Specification.s, Drawings, etc., 1-39 Paytnen~ Bond 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, aiteration or addition to the terms of uhe Contract, or to the Work to be performed thereunder. Tllis 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. Th~ undersigned and designated agent is he~by designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered ~md on whom service of process may be had in matters arising out of such suretyshiF, as provided by AzIielc 7, 19-1 of the insurance Code, Vernon's Annotated Civil Statutes of the $tat~' of Texas. IN WITNES8 WHEREOF, this imtrument is executed in each one of which shall be deemed an original, this the 5th day Of 19 96. Four (4) copies, March PRINCIPAL SURETY Site Concrete, Inc. Liberty Mutual Insurance Company Title: Attorney-In-Fact The Re ent Ag the Surety in Dallas or Denton County, Texas, for delivery, of notice and service o~ the process is: William D. Baldwin ADDRESS: 1201Kas Dr., Ste. B, Richardson, TX 75081 NOI'E.' D~'t of Perfomuznce Bond must be date of Contract. If Resident Agent is not a corporation, gi~'e a person's nalne. 1-40 l~ymtnt Bond STATE OF TEXAS } COIjiNTY OF DALLAS } MAINTENANCE BOND Bond No. 22-000-308 KNOW ALL ..MIEN BY THESE PRESENTS: THAT Site Concrete, Inc. as Pr~.cipai, ~ Li hPrty Mutual Insur.ance Company , acorporation organized trade,- the laws of the Commonweal th of Massachusetts . as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto City of Coppell , "i' Municipal Corporatioa, Texas, the sum cf Two Hundred Twenty Two Thousand One Hundred Seven and 12/100 ........... Dollars ..................... Ceuts (S_. 222,~07.12 ), for the payment of which will and truly be made unto said city ~f cnppell , ~d p~ip~ ~d ~eties do hereby bind ~e~clves, ~e~ assi~ and ~ccesso~ jo~tly seve~Uy. THIS obligation is conditioned; however, that whereas, ~e said Site Concrete, Inc. h~ls this day entered into a_wri=en conu'act wiu't the said city of Copnell tO buUd and construct Town Center Drive & Town Center Boulevard, Project r~o. ST 95-02 Bid No. Q-1295-02 Which conwatt and the plans and specilications the~eLn mentioned, adopw. d by ~e city of Coppel 1 are hereby expressly made a pan 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 heroin contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or recon~w, xction in whole or in pan of said improvements should be occasioned by settlement of foundation, defective workmanship or materials furnished in ~e consu'uction or any pan thereof or any of the accessories thereto consu'ucted by the Conlzacwr. It being understood Illat the purpose of rifts 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 days failure on its' par; to comply wir. h th: terms of said provisions of said conu'act. 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 r. he performance of its' contract to so maintain and repair said work, then tI'xese presents shall have full force and eff:ct, and said city of Cowell shall have and receive from the said Contractor and its' principal and sureties damages in th~ premises. as provided; and is further agreed that this obligation shall be a continuing one against the principal and sureties, hewon, and that successive recoveries may be and had hereon for successive branches umil full amount shall have been exhausted; and it is further understood that the obligation herein to nr '* T maintain said work shall continue throughout said maintenance period, and the same shaii .nGt be changed, dirainished or in any manner affected from any cause during said time. lINT ~S Iv'IrKE~OF, the said Site Concrete, Inc. has caused these presents to be executed by and the said Libertv Mutual Insurance Company h~)S ca'used these presents tc be executed by its Attorney in fact and the said Attorney in fac: Michael B. Hill , has hereunto set his hand, the 5th day of March , 19 96 PRINCIPAL S~te Concrete, Inc. SURETY Liberty Mutual Insurance Company Michael B. Hill T)fle: Attorney- I n-Fact WITNESS: ATTEST: ' of Y~m~nc~ Bond must not b~ p~'or to date of Contract. __ 1 -.42 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 2 8 5 3 4 4 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSEI'I'S ' POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual InsUrance Com.pany: (the !Company"), a Massachusetts mutual insurance company;: Ursuant to and by authOrity Of~'the By:law and:~AUthorizEiti0n'her~in'afte~ set fodh, does hereby name, _ constitute andappoint, WILLIAM D..:BALDWIN;% W' T. 'RAGSDALEi:SUZANNE C. BALDWIN. CINDY FOWLER, MICHAEL B. HILL, DON::E. SMITH, RAY'WATSON, ALL OF THE!: CITY:OF RICHARDSON AND WILLIAM L. BIDLEHOOVER OF THE CITY OF.AUSTIN, STATE OF TEXAS; .... ~, ,: ....,::; .:~; ~ ........;~;~;~::~ ..................... · --, ~;':~ ;'...: . ...... , .................. ,~ .... ,~ .......... . ....... .... : .... . ........ . . ........ , ............ ........................... ...., ........ ~.., ........... :... .... ~-. ~-.~.--,:~;::,;~.~ ....... ~.:,~,~ ..................... , each individually if there be mere thanone named, its true:and la~fUi a~t0Lrney-in-fact tO make, exeCUte; SCab. acknowledge and deliver, for and on its behalf as suret and as its act ,a,n,d deed any and all undertakingS~ bonds, recognizances and ether SUrety Obligations in the penal sum not exceeding ' SEVENTY-F~/~E MILLION** *******;;***""""'******* DOLLARS ($ 75,000,000 ******** ) each, and the execution of such bonds or undedakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by .L~~ the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-taw and Authorization: ~ · ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. J..C, Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety 3' ~ obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the j63 company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such ) instruments shall be as binding as if signed by the president and attested by the secretary. ) ~ By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: ~ > Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attoineys-in-fact L_,.) as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. ~ ~ That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. · j..~ IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this _ 21 St day of April ,19 95 ' ' ! LIBERTY MUTUAL INSURANCE COMPANY ).~ ! .C_ Garnet W. Elliott, Assistant Secretary · ~ COMMONWEALTH OF PENNSYLVANIA Ss COUNTY OF MONTGOMERY O On this 21 St dayof April , A.D. -1:9- 95 , before me a Notary Public personally came the individual known to ~ me to be the therein described indMdual and officer of Libedy MiitUal nSUrar~C~'Company?V~ho exe&ed th~.p[e~eding nstrument and he acknow ed- L L gad that he executed the same add ~hat the seal affixed to the saKt precedi'ng-~nstrument is the corpOrate Seal Of said company; and that said corporate seal and his signahjre subscribed thereto was duly affixed and subscribed t0~eSaid instrument by aL~thority and direCtiOn of the said company. I, the undersign~(};.,X~t81ts~d'~etary of Liberty Mutual.~ inSuranOe.'Co rnpany, do ;hereby certify: that: the;bdgin~l power of attorney of which the foregoing is a full, true an~l~"ebfre~['%opy, i~ in full force and effeCt:dr~'[hS da{e of this certifidate; and ldO'fUfther ~e~tify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fad as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980 ' VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, snail be-vajid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and ~ffixed the corporate seal of the said company, this 5th day of ' March 19 96 "~:"::- E:.:: i~ ~: Assistant S~ -- THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN NCEPTION DATE AFI~R December 31, ,19 97 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: P.O. BOX 149104 AUSTIN, TX 78714-9104 FA× # (513) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY: THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME/~ PART OR CONDITION OF THE A~'Fi'ACHED DOCUMENT. F.14032B (9/92) CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD GENERAL PROVISIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, NORTH CENTRAL TEXAS, LATEST ADDITION, PREPARED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. ITEM 1.0 - DEFINITIONS SC-I.0 Engineer: The word "Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 478, Coppell, TX 75019, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. Owner: The word "Owner" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. Calendar Day: Add the following sentence to the end of the working days definitions: Hours worked before 8:00 a.m. after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request must be made in writing and approved by the City of Coppell. Seventy-two hours notice required. All overtime incurred by the City for inspection services shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments. All other terms used in these Supplementary Conditions which are def'med in the General Provisions shall have the same meanings used in the General Provisions. ITEM 1.15 - SURETY BONDS SC-1.15 Add following sentence to Item 1.15 (A): "Maintenance Bond shall be required in the amount of 50% of the cost of the public improvements for a 2 year period." 1-43 Supplementary Conditions ITEM 1.16 - NOTICE TO PROCEED SC-1.16 Add following sentence to end of Item 1.16. Before Contractor starts the Work at the site, a conference attended by Contractor, Engineer and others as appropriate will be held to discuss the schedules referred to in Items 1.22.5, 1.28 and 1.51.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. ITEM 1.19 - PRIORITY OF CONTRACT DOCUMENTS SC-1.19 Add the following language at the end of the Item 1.19: "If there is any conflict between the provisions of the Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications, manuals or codes." ITEM 1.20 - CORRELATION AND INTENT OF DOCUMENTS SC-1.20.1 Amend the first sentence of Item 1.20.1 by changing "such copies" to be "five copies". Add the following to the end of Item 1.20.1: "In the preparation of Drawings and Specifications, ENGINEER has established and relied upon the following reports of explorations and tests of subsurface conditions at the site of the work: No geotechnical explorations or tests of subsurface conditions have been performed. The Contractor may take borings at the site to satisfy himself as to subsurface conditions." SC-1.20.5 Add the following new Item 1.20.5 immediately after Item 1.20.4: 1.20.5 Existing Utilities and Sewer Lines: The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by the construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRACTOR shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense. 1-44 Supplementary Conditions If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by the performance of this contract. ITEM 1.22 - CONTRACTORS RESPONSIBILITIES SC-1.22.5 Amend the first sentence of Item 1.22.5 by adding the following at the beginning of the sentence: "If requested by Owner, Engineer or Contractor". ITEM 1.24 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY SC-1.24.2.1 Add the following new Item 1.24.2.1 immediately after Item 1.24.2: 1.24.2.1 Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER, ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall promptly attempt to settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and Consulting Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate Contractor against OWNER, ENGINEER or Consulting Engineer to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the performance of work be any separate Contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER or Consulting Engineer or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER, ENGINEER or Consulting Engineer on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Item 1.36. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor. 1-45 Supplementary Conditions ITEM 1.26 - INSURANCE SC-1.26.6 Add the following new item: 1.26.6 If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR. SC-1.26.7 Add the following new item: 1.26.7 CONTRACTOR intends that any policies provided in response to Item 1.26 shall protect all of the parties insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. ITEM 1.27 - MATERIALS AND WORKMANSHIP; WARRANTIES AND GUARANTEES SC-1.27.4 Amend the first sentence of Item 1.27.4 to change the words "one year" to "two years". ITEM 1.32 - WORKING AREA: COORDINATION WITH OTHER CONTRACTORS; FINAL CLEANUP 8C-1.32.1 Delete Item 1.32.1 in its entirety and insert the following in lieu thereof: "Construction stakes/surveying shall be provided by the CONTRACTOR. Vertical control has been established as shown on the construction plans. Horizontal control can be established from existing inlets, street intersections or other utilities indicated on the construction plans. The Contractor shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the requirements of the construction documents. Such checking by the Engineer 1-46 Supplementary Conditions shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and the lines and grades given therein." ITEM 1.33 - OTHER CONTRACTORS: OBLIGATION TO COOPERATE SC-1.33 Delete the last sentence of the second paragraph and substitute the following in lieu thereof: "In such event, Contractor shall be entitled to an extension of working time only for unavoidable delays verified by the Engineers, as provided in Item 1.36; however, no increase in the contract price shall be due the Contractor." Insert the following sentence at the end of the second paragraph of Item 1.33: "The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR of such related work except as provided in Item 1.36." ITEM 1.36 - DELAYS; EXTENSION OF TIME; LIOUIDATED DAMAGES SC-1.36 Add the following at the end of the last paragraph in Item 1.36: "No extension of the contract time shall be allowed unless the CONTRACTOR can demonstrate the delay caused an adverse impact to the critical path and that loss of time can not be made up by revising the sequence of the work of the project." ITEM 1.37 - CHANGE OR MODIFICATION OF CONTRACT SC-1.37 1.37.1 Amend the last sentence in Paragraph two of Item 1.37.1 to delete the following "except as provided below." Add the following sentence to the end of paragraph two in Item 1.37.1. "The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: ITEM 1.42 - INSPECTION AND TEST SC-1.42 1.42.3 Amend the first paragraph to delete "direction and expense of the Owner" and add the 1-47 Suppkmentary Conditions following "direction of the Owner and expense of the Contractor". Amend the last paragraph, first sentence by changing "Contractor" to "Owner". ITEM 1.49 - OWNER'S, EMPLOYEES OR AGENTS SC-1.49-2 Replace Item 1.49.2 with the following new paragraph: 1.49.2 Conflict of Interest City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or 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. ITEM 1.58 - STATE AND LOCAL SALES AND USE TAXES SC-1.58 Delete Item 1.58 and substitute the following in lieu thereof: 1.58 Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty. It is still possible, however, for a contractor to make tax-free purchase of tangible personal property which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the city for those materials. (This procedure may not be used, however, for materials which do not become a part of the finished product. For example, equipment rentals, form materials, etc. are not considered 1-48 Supplementary Conditions as becoming "incorporated" into the project). Utilization of this "separated contract" approach eliminates the need for bidders to figure in sales tax for materials which are to be incorporated into the project. The successful bidder's bid form will be used to develop the "separated contract" and will determine the extent of the tax exemption. Upon execution of the construction contract, the contractor shall furnish a breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. 1-49 Supplementary Conditions SPECIFIC SECTION 1 PROJECT REQUIREMENTS 2-1 Specific Project Requirements SECTION SPECIFIC PROJECT REOUIREMENTS The construction specifications which apply to this project are the Standard Specifications for Public Works Construction - North Central Texas prepared through the North Central Texas Council of Governments (C . O.G.). The following Specific Project Requirements contain general and specific project requirements applicable to this project in the City of Coppell. These individual specifications control for this project. Additional amendments to the C.O.G. Standard Specifications are contained in Section 3 - Special Provisions to Standard Specifications for Construction. In the event that an item is not covered in the Project Drawings and these Specifications, then the Standard Specifications for the City of Coppell, Texas shall apply. 2-2 Specific Project Requirements SECTION 2- SPECIFIC PROJECT REOUIREMENTS 1.1 OWNER: The "Owner" as referred to in these Specifications is the City of Coppell, P.O. Box 478, Coppell, Texas 57019. 1.2 ENGINEER: The "Engineer" as referred to in these Specifications is the City Engineer, City of Coppell, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. 1.3 CITY OF COPPELL: All improvements described in this Proposal and Construction Drawings shall be done in accordance with the Project Drawings and Specifications. In the event that an item is not covered in the Project Drawings and Specifications, then the Standard Specifications for Construction for the City of Coppell, Texas shall apply. 1.4 SITE: The Contractor shall limit his work to the area shown on the Project Drawings as within the street right-of-way. Entrance onto private property shall be at the expressed approval of the property owners and the Contractor assumes all liability. 1.5 PROJECT DESCRIPTION: This Contract consists of the construction of roadway, drainage, water and sewer improvements for Town Center Drive and Town Center Boulevard as shown in the construction plans (ST 95-02). 1.6 CALENDAR DAY COUNT: Calendar days shall be counted by the Engineer on the basis of the definition set out in the General Conditions of Agreement. The calendar day count shall be suspended upon receipt by the Engineer of a written request for final inspection. The calendar day count shall resume upon receipt by the Contractor of a written list of items necessary to satisfactorily complete the project. This process shall continue until such time as the project is accepted by the Engineer, and the Owner. The calendar day count will not be suspended or otherwise affected by use of completed portions or "substantial completion" of any of the project. 1.7 SAFETY PRECAUTIONS: The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances, rules, regulations and order of any public authority have jurisdiction for the safety of persons or property to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 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. 2-3 specific Project Requirements 1.9 1.10 1.11 1.12 1.13 1.14 SURVEY AND FINISHED GRADES: Horizontal and vertical control is provided by the owner as shown on the plans. The Contractor shall be responsible for layout and staking of all grades and lines for construction. The Contractor shall preserve all stakes or markings until authorized by the Engineer to remove same. The Contractor shall bear the cost of the re-establishing any control or construction stakes destroyed by either him or a third party and shall assume the entire expense of rectifying work improperly constructed due to failure to maintain established points and marks. No separate payment shall be made to the Contractor for construction staking which shall be considered incidental to the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. CONFORMITY WITH DRAWINGS: All work shall conform to the lines, grades, cross-sections, and dimensions shown on the Drawings. Any deviation from the Drawings which may be required by the exigencies of construction will be determined by the Engineer and authorized by him in writing. TESTING LABORATORY SERVICE: The Contractor shall make arrangements with an independent laboratory acceptable to the owner for all backfill compaction, concrete and other testing as required by the construction plans and standard specifica,tions. The Contractor shall bear all related costs of tests, inspections or approvals. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. Two copies shall be provided to the Owner of all reports and laboratory test results. No separate payment shall be made to the Contractor for the cost of geotechnical testing services which shall be considered incidental to the project. SUSPENSION OF WORK: If the work should be stopped or suspended under any order of the court, or other public authority, the Owner may at any time during suspension upon seven days written notice to the Contractor, terminate the Contract. In such an event, the Owner shall be liable only for payment for all work completed plus a reasonable cost for any expenses resulting from the termination of the Contract, but such expenses shall not exceed $5,000. PRESERVATION OF TREES: Permission of the Engineer must be obtained for removal of trees on the property that obstruct the installation of the improvements as outlined in this project. Penalty for destruction of a tree without permission shall be $500.00 each payable to the Owner. If damage is continuous, tree guards shall be erected when so directed by the Engineer at the Contractor's expense. COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading the plans and specifications and thoroughly experienced in the type of work being performed; The Superintendent shall have full authority to execute orders or directions and to promptly 2-4 sp,ci~c 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. WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required bylaw 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's responsibility for providing and maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until the project shall have been accepted. If the Engineer discovers that the Contractor has failed to comply with the applicable federal and state law (by failing to furnish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as required by law to be taken to protect persons and property, and to be reimbursed by the Contractor for any expense incurred in ordering such additional precautionary measures. In addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of warning devices, barricades, signs, lights, or other precautionary measures in protecting said property, and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by and at the cost and expense of the Contractor. If the damages are not corrected in a timely fashion, then the City shall have the right to repair the damage and charge the cost back to the Contractor. All of this work is considered incidental and shall not be separate pay item. 2-5 Specific Projea Requirements 1.16 1.17 1.18 1.19 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: ao 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. 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. DRAINAGE: The Contractor shall maintain adequate drainage at all times. PROJECT MAINTENANCE: The Contractor shall maintain, and keep in good repair, the improvements covered by these plans and specifications during the life of the contract. 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. 2-6 Specific Project Requirements 1.20 1.21 1.22 1.23 INSPECTION: The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe the construction on behalf of the Owner. The agent will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's performance. DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashings, brush or other debris removed from the site as a preliminary to the construction shall be removed from the property. Any required burning and disposal permits shall be the sole responsibility of the Contractor. All excavated earth in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner. WATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for securing and transporting all water required in the construction, including water required for mixing of concrete, sprinkling, testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. GUARANTEE: All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of f'mal completion and acceptance of the project. 2-7 Specific Project Requirements SECTION 3 SPECIAL PROVISION TO STANDARD SPEC~ICATIONS FOR CONSTRUCTION 3-1 Special Provisions SPECIAL PROVISIONS TO STANDARD SPECIHCATIONS FOR PUBLIC WORKS CONSTRUCTION These Special Provisions, modify, or supplement the Standard Construction Specifications of the North Central Texas Standard Specifications. All provisions which are not so modified or supplemented remain in full force and effect, except payment shall be as established in Section 1 entitled "Proposal and Bid Schedule". PART H: MATERIALS- DIVISION 2 ITEM 2.1.5. TRENCH BACKFILL: (b) Types "B" and "C" (4) Additional Requirements (B) Additional Requirements for Type "C" backfill when used in streets: Insert the following paragraph at the beginning of this subsection: "All trench backfill shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods unless otherwise specified in the Plans. Water jetting may be used only with specific written permission of the Engineer." ITEM 2.1.6. 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) paragraph: Engineer." Earth Bedding: Add the following sentence at the beginning of this "Earth bedding will not be permitted without written approval of the 3-2 Special Provisions PART PART PART 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. HI DIVISION 3- SITE PREPARATION ITEM 3.1.2. CONSTRUCTION METHODS: Add the following sentence after the second sentence: The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer. ITEM 3.7.3. DENSITY: Strike the first sentence and replace with the following: "Earth embedmerit and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D~698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." IV: DIVISION 4- SUBBASE AND BASE COURSES ITEM 4.8.4. CONSTRUCTION METHODS: (b) Compaction Amend the last sentence of the first paragraph, by striking the words: "90 percent of the maximum dry density of such material." and replace with the words "95 percent of the maximum dry density of such material, or as directed by Engineer. V: DIVISION 5- PAVEMENT AND SURFACE COURSES ITEM 5.8.2. CONSTRUCTION METHODS (e) Joints (1) Expansion Joints: Delete the first paragraph and replace with the following: "Expansion joints shall be installed perpendicularly to the surface and centerline of the pavement. Expansion Joint material shall be redwood boards, 3/4-inch in width, and extended through curbs. Expansion joints are to be installed at each end 3-3 of radius at street intersections. Expansion joints shall be equally spaced between intersections with not less than one every 200 linear feet of pavement, unless otherwise specified on the Plans or directed by the Engineer. (C) Proximity to Existing Structures: Add to end of sentence, "or as directed by the Engineer". (2) Contraction Joints. Delete the first sentence of the first paragraph and insert the following: "Contraction or dummy joints shall be sawed to 1-1/4 inches in depth, and 1/4 inch in width, and installed every 20 linear feet of pavement, and extend through curb, unless otherwise directed by the Engineer." (h) Finishing. (1) Machine. Add the following paragraph at the end of this subsection: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." (2) Hand. Add a new paragraph after first paragraph which reads as follows: "Fog sprays powered by pressure pumps, and capable of coveting the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." PART VI: DIVISION 6- UNDERGROUND CONDUIT CONSTRUCTION ITEM 6.2.9. BACKFILL: (b) Compaction. (2) Densities - Areas Not Subjected to or Influenced by Vehicular Traffic. Amend the second sentence by striking the words "to a density comparable with adjacent undisturbed material" and replacing with "to a density between 95 percent and 100 percent Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, unless otherwise specified in the Plans or directed by the Engineer." 3-4 SECTION 4 DESCRIPTION OF PAY ITEMS 4-1 Description of Pay Items SECTION 4 - DESCRIFFION OF PAY ITEMS This section includes comments concerning various Pay Items so that the Contractor can fully understand the scope of work involved in the Pay Items. 1. Construction No Pay Items: All work necessary for the orderly completion of the project, but not specifically included as a pay item in the Proposal, shall be considered subsidiary to the Contract and no separate or additional payment will be made therefore. For example, there shall be no separate payment for the following: (a) any curb, gutter or valley gutter replacement necessitated by removal or damage during construction, (b) removal and replacement of any signs, (c) any trench shoring, sheathing, de-watering or bracing necessary for the water, storm sewer and sanitary sewer construction, (d) any blocking necessary for change in pipe direction, (e) sawcutting, (f) erosion control (g) toe wall on slope protection (h) encasement of utility lines, (i) use of retainer glands (required but considered subsidiary to the pay items for PVC water pipe), (j) any required temporary water lines, (k) monolitlic curb. 2. Construction Pay Items: Pay items as listed in the proposal shall be measured and paid for in accordance with the applicable measurement and payment paragraphs of the North Central Texas Council of Governments "Standard Specifications for Public Works Construction", unless modified by these special provisions. 2.1. Pay Items #1 - 6 These items shall consist of furnishing and installing all materials necessary to construct the storm drain system outside the limits of the paving. The allowed material will be reinforced concrete, ADS N12 or the equivalent Hancor Product. Any necessary trench safety will be incidental to the cost of the material. Measurement and Payment shall be on the basis of the price bid per linear foot along the center of the pipe and shall be the total compensation for furnishing and installing the specified diameter pipe and appurtenant fittings for joining; for connections to all drainage structures; and for all material, tools, equipment, labor and incidentals necessary to complete the work. 2.2 Pay Items/f7 - 42 These items are typical pay items and shall be constructed as shown on the construction 4-2 Description of Pay Items plans and the City of Coppell Standard Construction Details and the North Central Texas Council of Governments "Standard Specifications for Public Works Construction". Measurement and Payment shall be in accordance with the unit price bid per item and shall total compensation for furnishing all labor, materials, equipment necessary to complete the work. Please note that Pay Items 24 & 25 include the necessary valves for those connections. Testing and Chlorination of Water Pipe: All water lines installed by this contract shall be tested and chlorinated in accordance with standard City procedures and requirements. Contractor shah furnish and install all taps for testing and testing supply points. Clean-up of the site and disposal of excess material: Clean -up of the site and disposal of excess material shall be considered incidental to, and part of the installed pipe prices without separate payment. 4-3 Description of Pay Items 2/05/96 ION 12:26 FAX 214 235 9544 Pacheco Koch Consult Eng ~002 COPPELL POLICE AND COURTS FACH-vfY TOWN CENTER BOULEVARD EXTENSION CITY OF COPPELL, TEXAS Addendum No. 1 February S, 1996 This Addendure consists of this sheet only and no attachments. The Drawings and Specifications dated 12/28/95 prepared by Pacheco Koch Consulting Engineers, Inc. for the extension of Town Center Boulevard are hereby mended in the following particulars and in these particulars only: ,~Vecific~tlonq: Bidding and Contract Documents Section 1, Article 8, Item 8.1,is to be retrieved to read as follows: 8. Contract Time. 8.1 Because time is of the essence, the total time' for completion in calendar days has been set at 150 calendar days. Also, because of the construction of the Coppoll Criminal lustice Center and the nccd to tie-in utilities, the water and sewer to service that facility shall be completed within the first 40 days of the project and the storm drainage to sexvice the facility within the first 80 days. The calendar day count shall commence ten (10) calendar days after the date of the Notice to Proceed. NOTE: Any other items within the Drawings and Specifications pertaining to these dates are also hereby amended as listed above. END OF ADDENDUM CITY OF COPPELL ADDENDUM DATE: ADDENDUM NO.: PROJECT: BID DA TE/TIME: January 17, 1996 ONE (1) TOWN CENTER DRIVE AND TOWN CENTER BOULEVARD February 9, 1996 @ 2:00 pm (ST 95-02) DELETE: Bid Item # 28 1 L.S. Relocate Power Pole with Street Light The City of Coppell has worked with TU Electric who will be relocating the power pole with the street light under the City of Coppell Franchise Agreement. Bid Item # 29 4 Each Remove Tree The City of Coppell Leisure Services Department will remove the trees prior to the start of the project. The Total Bid should include Bid Items 1 - 27 and 30 - 42. Kenneth , X~sistant 'City M~nager/City Engineer