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WA9901-CN030428T H E C 1 T Y O F COPPELL r- CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR MEADOWCREEKI ROLLING HILLS Water Line Project WA 99.01 FOR _ '� OF THE CITY OF COPPELL �.. KENNETH M GRIFFIN ...... 62480 April 2003 i k� ONAI 4 )v TABLE OF CONTENTS Page # Section 1 - Bidding Documents 1 -4 Notice to Bidders _ Instructions to Bidders 1 -5 ProposalBid Schedule 1 -16 — Prevailing Wage Rates 1 -30 Section 2 - Contract Documents 2-2 Standard Form of Agreement (Contract) Certificate of Insurance 2 -8 — Instructions for Bonds 2 -9 Performance Bond 2 -10 Payment Bond 2 -12 Maintenance Bond 2 -14 For this project, the Standard Specifications for Public _ Works Construction - North Central Texas, as prepared by the North Central Texas Council of Governments and the City of Coppell Standard Construction Details shall _ govern all work to be done, together with any additional Supplementary Conditions, Specific Project _ Requirements, General Notes or Description of Pay Items included herein. — Section 3 - City of Coppell's Supplementary Conditions 3 -1 to the NCTCOG General Provisions Section 4 - Specific Project Requirements 4 -1 Section 5 - Description of Pay Items 5 -1 SECTION I BIDDING DOCUMENTS BIDDING AND DOCUMENTS NOTICE TO BIDDERS The City of Coppell is accepting bids for the construction of the Meadowcreek / Rolling Hills Water Line Installation Project - No. WA 99 -01. Specifications may be obtained for a non- refundable cost of $25.00 from the Purchasing Agent, 255 Parkway Blvd., Coppell, Texas, or telephone (214) 304 -3698. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for the construction of the Meadowcreek / Rolling Hills Water Line Installation Project No. WA 99 -01 will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, until 2:00 p.m., May 13, 2003, and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No. Q- 0403 -01 designated clearly on the exterior of the bid envelope. The Pre -Bid Conference has been scheduled for this project at the Coppell City Hall in the Engineering Department (255 Parkway Blvd.), at 10:00 a.m. on May 8, 2003. The conference is not mandatory, however, all interested bidders are strongly encouraged to attend. 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. BIDDING AND CONTRACT DOCUMENTS INSTRUCTI TO BIDDERS I. Defined Terms. — Terms used in these Instructions to Bidders which are defined in the Standard Specifications for Public Works Construction - North Central Texas latest addition, as prepared by the NCTCOG and the Supplementary Conditions of Agreement have the meanings assigned to them in these General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub - bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom the Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are: Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "ENGINEER" is used in the Specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized representative, City of Coppell, P.O. Box 478, Coppell, Texas 75019. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. 2. Scope of Work. This work shall consist of the installation of approximately 5,350 linear feet of 8" PVC water line in Meadowcreek Rd./Rolling Hills Rd. from Denton Tap Rd. to Bethel School Rd. Work _ shall include all components necessary for the "turn key" construction of the Meadowcreek / Rolling Hills Water Line Project as shown in the plans for WA 99 -01, including but not limited to: PVC pipe, long, short and 2" services, street repair, boring, fire hydrant assemblies, 8" valves, connections to existing water lines, abandoning the existing 6" ductile and cast iron water lines, traffic control and sodding. 3. Copies of Bidding Documents. 3.1 Complete sets of the Bidding Documents may be obtained from the Purchasing Agent at the office of the City of Coppell, 255 Parkway Boulevard, Coppell, Texas for $25.00. The following general requirements pertain to the Bidding Documents: 1 -5 Bidding Documents A) No bidding documents will be issued later than two (2) days prior to the bid opening date. B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $15.00 per set. C) Bidding documents may be examined free of charge at the offices of the City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. 3.2 Complete sets of Bidding Documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issued. 3.3 The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. 4. Qualifications of Bidders. _ The Bidder shall submit within five (5) days of the Owner's request such evidence as the Owner may require to establish his financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience. A list of all projects presently under construction by the bidder including approximate cost and completion date shall be submitted upon request. B. Past Project Experience. The Bidder shall submit a list of comparable projects completed within the previous five years including approximate cost(s), quantities, and completion date(s). C. Equipment. The Bidder shall provide a list of equipment which will be used on this project. _ The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if any, that he must rent/lease as may be required to complete this project. 1 -6 Bidding Documents 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. 5. Conflict of Interest. City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1 %) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. 6. Examination of Contract Documents and Site. 6.1 Access to the site shall be from the street and right -of -way. It shall be the contractors responsibility before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidders observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to the OWNER. 6.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume 1 -7 Bidding Documents responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. 6.3 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any — additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 6.4 On request in advance, Owner will provide each Bidder access to the site to conduct explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall _ fill all holes, clean up and restore the site to its former conditions upon completion of such explorations. 6.5 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract documents. 6.6 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 6, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7. Interpretations and addenda. 7.1 All questions about the meaning or intent of the Contract Documents are to be directed to the Purchasing Agent. Interpretations or clarifications considered necessary by the Purchasing Agent in response to such questions will be issued by Addenda mailed or delivered to all bidders recorded as having received the Bidding Documents. Questions received less than two days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Each Bidder shall acknowledge on the bid proposal that all Addenda issued have been received. 1-8 Bidding Documents 7.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. 8. Contract Time. 8.1 The time for completion in calendar days should be included on the Bid Form in the space provided. All work shall be complete within the calendar day count required by the Contractor's Proposal. The calendar day count shall commence ten (10) calendar days after the date of the Notice to Proceed. 8.2 Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule chart to the Owner for approval. 8.3 Extension of the contract time shall be based on a Change Order or written amendment as specified in Item 1.36 of the General Provisions. 9. Liquidated Damages. Provisions for liquidated damages are set forth in the Contract. Liquidated damages for this project are: Two hundred and forty dollars ($240.00) per day. 10. Substitute or "Or- Equal" Items. The Contract, if awarded, will be on the basis of materials and equipment described in the _ Drawings or specified in the Specifications without consideration of possible substitute or "or- equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or- equal" item of material or equipment may be famished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. 11. Subcontractors, Suppliers, and Others. 11.1 If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, supplier, person or organization if _ requested by the Owner. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such 1 -9 Bidding Documents substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. 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 b an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. If the bid is made by a firm or partnership, the name and post office address of the managing member of the firm or partnership shall be given or the bid may be signed by an attomey -in- fact. If signed by an attorney -in -fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members of the firm or partners. 13. Provision Concerning Escalator Clauses. Bids containing any condition which provides for changes in the stated bid prices due to _ increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the Bidder without being considered. 1 -10 Bidding Documents 14. Estimates of Quantities. _ The quantities listed in the Bid Form will be considered as approximate and will be used for the comparison of bids. Payments will be made to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for in the Contract Documents. 15. Submission of Bids. Bids will be received by the Purchasing Agent, and shall be submitted to the Purchasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019 until, 2:00 p.m., May 13, 2003 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- 0403 -01 and the name and address of the Bidder shall be submitted. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED Construction of : the Meadowcreek / Rolling Hills Water Line Improvement Project WA 99 -01" on the face of it and addressed to the Purchasing Agent, City of Coppell, Texas. 16. Modification and Withdrawal of Bids. 16.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 16.2 If, within twenty-four hours after the Bids are opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified from further bidding on the work. 17. Rejection of Bids. Bids may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid from an individual, firm or partnership, corporation or _ association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. 1_11 Bidding Documents 18. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid prior to that date. — 19. Award of Contract. 19.1 The Owner reserves the right to reject any and all Bids, to waive any and all informalities — except for the time of submission of the Bid and to negotiate contract terms with the Successful Bidder. The Owner also reserves the right to reject all nonconforming, non - responsive, unbalanced or conditional Bids. Also, the Owner reserves the right to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or has doubtful financial ability or fails to meet any other pertinent — standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 19.2 In evaluating Bids, the owner will consider the qualifications of the Bidders, whether or not — the Bids comply with the prescribed requirements, and such alternates, unit prices, completion time, and other data, as may be requested in the Bid form or prior to the Notice of Award. Time of completion will be a consideration in the award of the bid. 193 The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 19.4 The Owner may conduct such investigations as the owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 19.5 If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. — 19.6 If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of Award within ninety (90) days after the date of the Bid opening. 1.12 Bidding Documents 20. Execution of Agreement. Within fifteen (15) days after written notification of award of the contract, the Successful Bidder shall execute and furnish to the Owner three (3) original signed contracts and a Certificate of Insurance. 21. Affidavit of Bills Paid. _ Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and that there are no claims pending. 22. Bid Compliance. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. — 23. Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction. The Contractor shall commence work within ten (10) calendar days after the date of Notice to Proceed. 24. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the construction contract, the successful bidder shall provide a per item breakdown of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. 25. Silence of Specification. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the _ best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. 1-13 Bidding Documents "- 26. Change Orders. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the Owner. 27. Assignment. The Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Owner. 28. Venue. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Dallas County, Texas. 29. Maintenance Bond. The Contractor shall provide a two year Maintenance Bond in the amount of 50% of the value of the work at the completion of the project. The bond must be provided prior to final payment by the City. 1 -14 Bidding Documents BID FORM PROJECT IDENTIFICATION: Meadowcreek / Rolling Hills Water Line Project WA 99 -01 in Coppell, Texas BID OF Sii(f Conne,q-C C. DATE / 1 MAL L 0 0 3 (NAME OF FIRM) THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) c/o Purchasing Agent 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 CITY OF COPPELL BID NO: Q- 0403 -01 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within fifteen (15) days after the date of 0 WNER'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 -15 Bidding Documents (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or _ opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. BIDDER has studied carefully all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site, which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 1 -16 Bidding Documents (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham _ Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. (j) It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for in the Contract Documents. 4. It is understood and agreed that all work under this contract will be completed within the bid calendar days. Completion date will be established in the Notice to Proceed. It is understood that time of completion will be a consideration in the award of the bid. 5. It is strongly recommended that each bidder visit the site prior to submitting a bid. Construction constraints exist along the length of the project that could affect productivity. 6. BIDDER will complete the Work for the following price(s): 1 -17 Bidding Documents MEADOWCREEK / ROLLING HILLS WATER LINE INSTALLATION WA 99 -01 UNIT PRICE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit Total No. Price Price I -1 I LS Mobilization & Demobilization Complete in Place for �, -V S Cxn c ,4 -(ypi,�}bW t'r� D ollars and !vo Cents 14500, /GSOo °= per Lump Sum. I -2 5350 LF Furnish and Install 8" Water Pipe (Inclusive of intermediate taps for testing and disinfection) Complete in Place for ?Wizi Et�rFf Dollars and 1d.J Cents �7- per Linear Foot. I -3 1608 LF Boring Required to Install 8" Water Pipe Complete in Place for t 4 T Dollars and N Cents per Linear Foot. o 3 I -4 12 EA Furnish and Install Inline 8" Gate Valve (SD 15) Complete in Place for Stt lw dL4 rwA.t-y Dollars ivo o, and rJ o Cents per Each. 1 -18 Bidding Documents MEADOWCREEK / ROLLING HILLS WATER LINE INSTALLATION WA 99 -01 UNIT PRICE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit Total No. Price Price I -5 12 EA Furnish and Install Fire Hydrant Assembly Complete in Place for ,,,,�� t � -n}1$ At�/D+ t "Dollars and r- Cents oo °= per Each. I -6 8 EA Remove and Salvage Existing Fire Hydrants Complete in Place for eti t Dollars o �- and Op Cents �Da $DO per Each. 1 -7 26 EA Reconnect Existing Short Services w /1" Copper Complete in Place for r'r1J� Dollars �� ZSSD °5 and Nc Cents per Each. I -8 15 EA Reconnect Existing Long Services w/ 1" Copper Complete in Place for < ,.-X /�idr.�/,.�+j Dollars &pv Q ' o GJvo� e and NJ Cents per Each. 1 -19 Bidding Documents MEADOWCREEK / ROLLING HILLS WATER LINE INSTALLATION WA 99 -01 UNIT PRICE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit Total No. Price Price I -9 12 EA Reconnect Existing Long Services w/ 2" Copper C �, q9 lete in Place for P�ifE Nwt-v .L�o S i/' Dollars 91Seo ' ��7p0� and wo Cents p er Each. I -10 1 EA Connect Existing 6" C.I.P. Water Line to Existing 8" C.I.P. Water Line (Inclusive of fittings, blocking, c tapping sleeve, valve and pipe) 3000 a-° 3dV Complete in Place for -fJ4 ,Ef- - MouS/IeJo Dollars and No Cents p er Each. 1-11 2 EA Six Inch Connection to Existing 6" C.I.P. Water Line (Inclusive of fittings, blocking, pipe, tee & valves) Complete in Place r - 'S D °= � 3d0 7w1Cnn� 1d x /- UA00" 10 Dollars and No Cents p er Each. 1 -12 4 EA Eight Inch Connection to Existing 6" C.I.P. Water Line (Inclusive of fittings, blocking, pipe, tee & valves) we Complete in Place for ZcjQO a ` /6p I�uNOI'- " Dollars and /yo Cents per Each. 1-20 Bidding Documents MEADOWCREEK / ROLLING HILLS WATER LINE INSTALLATION WA 99 -01 UNIT PRICE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit Total No. Price Price I -13 2 EA Connect to Existing 8" C.I.P. Water Line (Inclusive of fittings, blocking, pipe, tee & valves) Com in Place fo 1'Wfn/M - 940.4." 1jf(Mv1ly JM;✓'4 1 4 Vg Dollars Z$zg4:1 S6So0 and /v0 Cents per Each. 1 -14 13 LF Remove and Replace Existing Concrete Sidewalk Complete in Place for c Dollars a and A Cents 3p 4 = 3� per Linear Foot. 1-15 2 EA Cut and Plug Existing 6" Cast Iron Pipe Complete in Place for )44*9(- Dollars 1767e Q° 1400 0-9 and No Cents per Each. I -16 1 LS Abandon Existing 6" C.I.P. Water Line Core in Place or .cL+' t u � a- 2,&!50 a.° fir ry Dollars and No Cents per Lump Sum. 1 Bidding Documents MEADOWCREEK / ROLLING HILLS WATER LINE INSTALLATION WA 99 -01 UNIT PRICE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit Total No. Price Price I -17 1 LS Furnish, Install, Maintain and Remove Erosion Control Devices w/ SWP3 Plan. Complete in Place for /D °= /Di00 o 'T1WJ - rrkoc4!5A " Dollars and f►o Cents p er Lump Sum. 1 -18 1 LS Furnish, Install, and Maintain Traffic Control Dev - C Z ° w m , ' Fou A ffu w A" S�Ar✓t Dollars 2, /�S4' Y Z�{'Zjof and N° Cents per Lump Sum, 1 -19 1 LS Furnish and Install Trench Safety System (greater that 5' depth) Complete in Place for gttO NDA4✓ Dollars ' �KW and /yo Cents �jpe —° t oo per Lump Sum. I -20 1 LS Repair or Replace all Damaged Sprinkler Heads and Irrigation System Lines Complete in Place for jOQ -r� n91A1 �1n4 1�1 r Fzt Dollars �ySD 4. , /r•S� o� and ,,v0 Cents per Lump Sum. 1-22 Bidding Documents MEADOWCREEK / ROLLING HILLS WATER LINE INSTALLATION WA 99 -01 UNIT PRICE BID SCHEDULE Item No. Quantity Unit Description and Price in Words Unit Price Total Price I -21 1 LS Repair or Replace all Damaged Mailboxes Complete in Place for - 'AJA& n :Zscww /- lft-s�4-, - Ai-r-2, Dollars a and NO Cents Z 7 5 0 — Z�So e3� per Lump Sum. 1 -22 1 LS Furnish and Install Bermuda or St. Augustine Grass Solid Sod, including Fertilizer and Watering, Complete in Place for 1&0 Vkk :Y 2±A3 Dollars 16- 000 e�d /0 000 Q�? and Cents per Lump Sum. TOTAL BID ITEMS BID I -1 thru I -22 TANGIBLE PERSONAL PROPERTY COST s 35/, 700 00 g Ztt -o 1 -23 Bidding Documents _ BID SUMMARY CALENDAR TOTAL PRICE DAYS TOTAL BID ITEMS BID I -1 thru I -22 $ 3 S / 120 In Words; & - o np c4K- S 6. BIDDER agrees that all Work awarded will be completed within /1,0 Calendar Days. Contract time will commence to run as provided in the Contract Documents. 7. Conununications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. 8. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in the Contract Price (see Instructions to Bidders). 9. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adjusted accordingly. SUBMITTED ON Signature: ;. /,� 1ZC ii 1-24 Bidding Documents BID AFFIDAVIT The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be ninety (90) calendar days from the date of the bid opening. STATE OF - 1!�FgifS COUNTY OF BEFORE ME. the undersigned authority, a Notary Public in and for the State of Txpr! on this day personally appeared - Se-an -, Z. who after being by me Name duly sworn, did depose and say: _ S. am a duly authorized office /agent for Name S. +C rhAC(el-e, :rnC • and have been duly authorized to execute the tVame of Firm foregoing on behalf of the said SttG C rote. TnC. Name of Firm I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/ commodities bid on, or to influence any individual(s) to bid or not to bid thereon." Name and Address of Bidder: 3340 OCr 1 y44- 4 Qcq.M •_ 7_7oso Telephone: IM ) 313 - CIM by: S � V.N e✓y _ Title: V C1*%,XeeM- Signature: SUBSCRIBED AND aORN to before me by r' , the above named 7 "-e S • Ro 0 on this the �3 day of 7 Notary Public in and for the State of - % Fm_s JODIE C. COUC7H 1 -25 Bidding Documents • My COMMISSION EXPIRES OCWK 12, 2006 If BIDDER IS: An Individual By doing business as Business address (Individual's Name) (Seal) Phone No. A Partnership By (Firm Name) (Seal) — (General Partner) Business address Phone No. A Corporation By S Cnncrct{ — _ Tx� s (Corporation Name) (State of Incorporation) - By — :S;e—C-n S . g On� (Name of person authorized to sign) �c�StcC�t4- - (Title) (Corporate Seal) Attest (Secret Business address ' - , '>3 qQ R 6sj Or Phone No. 7,7 A Joint Venture — By (Name) (Address) By — (Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a partner to the joint venture should be in the manner indicated above.) 1 -36 Bidding ]documents SECTION 2 CONTRACT DOCUMENTS — STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the of 7 day of in the year 2003 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and SITE CONCRETE, INC. (hereinafter called CONTRACTOR). — OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This work shall consist of the installation of approximately 5,350 linear feet of 8" PVC water line in Meadowcreek Rd./Rolling Hills Rd. from Denton Tap Rd. to Bethel School Rd. Work shall include all components necessary for the "turn key" construction of the Meadowcreek/Rolling Hills Water Line Project as shown in the plans for WA 99 -01, including but not limited to: PVC pipe, long, short and 2" services, street repair, boring, fire hydrant assemblies, 8" valves, connections to existing water lines, abandoning the existing 6" ductile and cast iron water lines, traffic control and sodding. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Construction of the — MEADOWCREEK / ROLLING HILLS WATER LINE PROJECT # WA 99 -01 Article 2. ENGINEER. The Project has been designed by the City of Coppell Engineering Department. 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. 2.2 Contract Documents Article 3. CONTRACT TIME. 3.1. The Work will be completed within 120 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 contract sum shall be the amount of $ 351,700.00 The total tangible personal property cost included in the contract sum is $ 211,020.00. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. — 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 1.51 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 2 -3 Contract Documents 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated in Item 1.51.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 1.52 of the General Provisions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 1.51.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Item 1.51.4. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 1.3 of the General Provisions, and accepts the determination set forth in Item SC -1.20 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or _ otherwise may affect the cost, progress, performance, or fiunishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 1.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 2 -4 Contract Documents — 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the — Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 1.3, 1.20 and 1.21 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, — investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. — 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACTOR DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 2 -2 thru 2 -7, inclusive). 8.2. 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 3 -2 thru 3 -10). 8.7. Specifications bearing the title: "Construction Specifications and Contract Documents for the "Meadowcreek / Rolling Hills Water Line Project WA 99 -01 for — the City of Coppell ". 8.8. Drawings entitled: "Meadowcreek/Rolling Hills 8" Water Line Project #WA 99-01' . 2 -5 Contract Documents 8.9. All addenda. 8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding Documents. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents 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 partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 2 -6 Contract Documents Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf This Agreement will be effective on O 7 1 2 0 p OWNER: City of Coppell CONTRACTOR: Site Concrete, Inc. 255 Parkway Boulevard Coppell, TX 75019 T F .11 P.O. Box 9478 Coppell, Texas 75019 Attn: Ken Griffin, P.E. Dir. of Engineering/Public Works 3340 Roy Orr Grand Prairie, TX 75050 BY: TITLE: ATT ST: Address for giving notices: (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.) 2 -7 Contract Documents Address for giving notices: If SITE CONCRETE, INC. 3340 Roy Orr - Grand Prairie, TX 75050 -4207 972- 313 -0733 • Fax 972 -513 -0825 Estimating Fax 972 -513 -0661 RESOLUTION I, J. M. Boney, Vice - President of Site Concrete, Inc., authorize Jean S. Boney, President of Site Concrete, Inc., to sign contract documents for Meadowcreek/Rolling Hills Water Line Project #WA 99-01.. 1 7 51a 71Q5 J .Boney Date STATE OF TEXAS COUNTY OF DALLAS Before me, the undersigned authority, a Notary Public in the state and county aforesaid, on this day personally appeared JM. Boney Subscribed and sworn before me on this�J day of 20 & No ublic State of Texas My commission expires: / Z 1C� r JODIE C. COUCH MY COMMISSION E%RFM �-- °' October 12.20M THE POUCHES OF INSURANCE LISTED BELOW HAVE BEEN MM TO THE INBURED NAMED ABOVE FOR THE POLICY PERIOD INDICATE. NOTIAIITIWANDHNG ANV RWU REiifiNT, TERM OR O ONWTION OF ANY CONTRAC OR OTMER DOCUMENT WITH RESPECT TO WHICH THIS DER 1IF' MAY BE ISSUE OR MAY AO T INS AFFORDED RN 18 SUBJECT TO ALL THE TERMS. EKCLUSIONS AND CONDITIONS OF SUCH POLICIES. ETE BNOWM MAV BY TH REDUCE PAID q.NM6 LI11fE POLICY MOM TYPE OF wE11RANCE 1 EAW OCCURRENCE DATE I&MAIDDIn1 AC _ CERTIFICATE OF LIABILITY INSURANCE 7 mm x ■ AurGrowu LIABILITY ANY AUTO TISS CERTIFICATE 0 MISUED AS A MATTER OF OMM1A710N PRODUCER WIW04 ONLY AND CONFERS NO MONTB UPON TIM: CERTIFICATE AISEd N Awnloa Cap d Ts X CERTTrICATE Om OR 12170 con REA 5Dr 70 E w Tm POLI X�� BE LOW. DESN. Tx 75011 MKIIRBIS AFFORCIM COVERAGE (Im4ws 00 FeTwo4w 1 MEMO MNIRER A: zINIEh h1E1fET10E CO she 6OTIEEIE BIG. NHYFD AUTOS NDTFONIED AVTOE NKM B AMOM GBEY & Lhlb IN CO P. 0. SN 15440 X WSURERC Yvb% Tics 700/5x110 waffana AwN IM ZWkh &SWUM 00 waIRER E: THE POUCHES OF INSURANCE LISTED BELOW HAVE BEEN MM TO THE INBURED NAMED ABOVE FOR THE POLICY PERIOD INDICATE. NOTIAIITIWANDHNG ANV RWU REiifiNT, TERM OR O ONWTION OF ANY CONTRAC OR OTMER DOCUMENT WITH RESPECT TO WHICH THIS DER 1IF' MAY BE ISSUE OR MAY AO T INS AFFORDED RN 18 SUBJECT TO ALL THE TERMS. EKCLUSIONS AND CONDITIONS OF SUCH POLICIES. ETE BNOWM MAV BY TH REDUCE PAID q.NM6 LI11fE POLICY MOM TYPE OF wE11RANCE 1 EAW OCCURRENCE GENERAL LUwYTY A z CEMMERDYILGENERAL UAB LITY BLOE MS$ Willa BBI t V a FIRE DAMAN WIN 2 Logo CLAW MADE N 0 occuR MED MCP IAIV Om DEMO t ARMMLmgmm AM OEM AGGREGATE LIQT APPLIBB PER 7 mm x ■ AurGrowu LIABILITY ANY AUTO TAPSMV 0111!01 WIW04 CaMBNED SINGLE U MR IEAw6dv4 X ALLOWNEDAVTOE SCHEDULED AVTOB 1 E NHYFD AUTOS NDTFONIED AVTOE X x "amwoo E GARAGE UANJIY ANY AUTO AU TO DNS" C I.cN.UAwLFI X OCCUR ❑ CLAIMS MADE TUU3FrA D W1150 W 11/ 64 AGGREGATE DEDUCT RETENTION 1 0 worxmCO1RNATHAIAND OD OMWUAML"Y INCOMES 011110 0611t/01 X t 1 ILL DWASE POLICY LW 0 t OTTER oISC1EFTION OF OPBMTIOIEI =A ADDED by V1O0R*RWffMP§Mft PROiman Prood Job 1 201E MNdm CLNIt Q RON NNE WaNdho hEPYGINw , , CMpMI polm Na wm" ba celnal. NEMw M RETNd AddNEEd DOWN TOY onvomPm eIeSM wand CIBIpwmdm ETA a pw" Wdm of - ' 19 - 1 for ES ow =pL r City of Copp 11 P. 0. Box 9478 Coppell, Texas 75019 .nnen 0e_a rmm DID=ANY OFM AWM DNDINCO POLOO N CANCELLED EEMM TN EHPEMTNIN DATE Tmmmw, THE mourn wEmm YELL&=Avon TO MAIL —AL_ DAYS wmTm NODCETonaCOMEW.AMMU= To MUM T0 w= NDcKmTmoR LIAMUTY of ANYsm m mAamn OR OORPORATION 1958 Certificate of Insurance After award of contract, Contractor will provide Owner With Certificate of Insurance which will be executed and bound here with final documents. 2 -8 Contract Documents General Instructions For Bonds A. The surety on each bond must be a responsible surety company which is qualified to do business in Texas and satisfactory to the Owner. B. The name, and residence of each individual party to the bond shall be inserted in the body thereof, and each such party shall sign the bond with his usual signature on the line opposite the scroll seal, and if signed in Maine, Massachusetts or New Hampshire, an adhesive seal shall be affixed opposite the signature. C. If the principals are partners, their individual names will appear in the body of the bond, with the recital that they are partners composing a firm, naming it, and all the members of !` the firm shall execute the bond as individuals. D. The signature of a witness shall appear in the appropriate place, attesting the signature of each individual party to the bond. E. If the principal or surety is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. F. The official character and authority of the person or persons executing the bond for the principal, if a corporation, shall be certified by the secretary or assistant secretary according to the form attached hereto. In lieu of such certificate, records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies. G: The date of this bond must not be prior to the date of the contract in connection with which — it is given. 2 -9 Contract Documents PERFORMANCE BOND Bond No. SU7003293 STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: That Site Concrete, Inc. whose address Is 334o Roy Orr Blvd., Grand Prairie, TX hereinafter called Principal and smerigan Motorists Insurance Company and Arch insu rance c ompa ny a corporation organized and existing under the laws of the State of ,�„ 6 . an ,and fully licensed to transact business in the State of Texas as Surety, are held and bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of Three Hundred Fif one Thousand Seven Hundred and no /100 DOLLARS ($ 351,700.00 ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement _ which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. _ THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Beneficiary, dated the L7th of May , A.D. 20 03 , which made a part hereof by reference, for'the construction of certain, public improvements that are generally described as follows: Construction of the: Meadowcreek / Rolling Hills Water Line Improvements Project No- WA 99 -01 Bid No. Q- 0403 -01 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which _ modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. 2-10 Conlroct Docum MIS PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no chan ge, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work o' r to the Specifications. This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19 -1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. 'IN WITNESS WHEREOF, this instru rent is executed in T„ tzl copies, each one of which shall be deeined an original, this the 27th day of m ay 1 2003 . PRINCIPAL SURETY S449-Couccete. Inc American Motorists Insurance Company and Arch Insurance Company B y : By. J Title: Jean S. Bone V. Preside Title: Michael B. Hill, Attorney- In-Fact A EST ATTEST; Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: Villiam D. Baldwin ADDRESS: 1201 Kas Dr., Ste. B, Richardson, TX 75081 NOTE: Dale of Performance Bond must be date of Contract. gResideni Agent is not corporation, give person's name. 2 -11 Contract Documents 4 Gi :... PAYMENT BOND Bond No. SU1003293 STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: That Site concrete, Inc. whose address is 3340 Roy Orr Blvd. Grand Prairie TX 7soso hereinafter called Principal, andA merican motorists Insurance Company and Arch Insurance r M aE , a corporation organized and existing under the laws of the State of Illinois and _ , and fully licensed to transact business in the State of Texas as Surety, are held an tIrmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called 'Beneficiary ", in the penal sum of Three Hundred Fifty One Thousand Seven Hundred and no /100 DOLLARS ($ 351,700.00 in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs executors, administrators -and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, dated the 27th of may , A.D_ 20 03 which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: Meadowereek / Rolling Hills Water Line Improvements Project No. WA 99 -01 Bid No. Q- 0403 -01 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be fled on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any 2 -12 Contract Docrrmenls such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of icle 5160 of Vernon's ,Annotated Civil Statutes, and any other applicable statutes of the State of Texas, The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters ar. sing out of such suretyship, as provided by Article 7.19 -1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is ea one of which shall be deemed an original, this the „*,, PRINCIPAL .7 _ Site Concrete Inc. American M By: By: T'Itle: Jean S. Boney, resident Title: Mic EST: ATTEST: The Resident Agent of the Surety in Dallas or Denton Cot service of the process is: NAME: William D. Baldwin ADDRESS: 1201 Kas Dr., Ste. B, Richard TX 75081 NODE: Date of Performance Bond insist be date of Contract. If nonce. l: >.. 2 -13 :ed in Two (2) copies, each of May ' 20 03. sts Insurance Company and Arch Insurance Company ael B. Hill, Attorney -In -Fact , Texas, for delivery of notice and Agent is not o corporation, give a person's Contract Documents 1VlMNTENANCE BOND Bond No. SU1003293 STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN 13Y THESE PRESENTS: THAT Site Concrete, Inc. as Principal, and American motorists Insurance company and Arch Insurance compa a corporation organized under the laws of - 1411ROU _nd Missouri , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the - c; .,f r , a Municipal Corporation, Texas, the sum of One Hundred Seventy Five Thousand Eight Hundred Fifty Dollars and No /100 Cents ($ „� ,,,, ) for the payment of which sum will and truly be made unto said City o poll , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said City of Coppell has this day entered into a written contract with the said site Concrete. Inc. _ to build - and construct meadomreek /Rolling Hills Mater Line Improvements; Project No. MA 99 -01• Bid No. p- 0403 -01 which contract and the plans and specifications therein mentioned, adopted by the city of Cnngell are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract_ it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract far each day's failure on its' part to comply with the terns of said provisions of said contract. Now therefore, if the said Contractor shall keep and perform its' said agreement to maintain' 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 iby the said Contractor in the performance of its' contract to so maintain and repair said work, th n these presents shall have full force and effect, and said city of coppell shalt have and receive from the said Contractor and its' principal and sureties damages in the premises "as provided; and it is further agreed that this obligation shall be a continuing one against the princilpal and sureties, hereon, and that successive recoveries may be and had hereon for 2-14 Canteoct Documents successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said Site C Inc. has caused these presents to be executed by and the said A merican Motorists I Company and Arch Insurance these presents to be executed by its Attorney in fact and the said Attorney in fact Michael B. Hill has hereunto set his hand, the 27th day of May , 20 03 PRINCIPAL Site Concrete Inc. C By: J Title: Jean S. Boney, Lsideni SURETY A merican Motorists Insurance Com pany and Arch Insurance Company By: Title: Michael B. Hill, Attorney- In-Fact wI SS: NO E: Date of Maintenance Bond must not be prior ATTEST: 400000 . . to date oJConrract. 3 -!S Contract Documents POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office In Long Grove, Illinois (hereinafter collectively referred to as the "Company ") do hereby appoint Michael B. Hill , Cindy Fowler, William D. Baldwin and Suzanne C. Baldwin of RICHARDSON , TX (EACH) their true and lawful agent(s) and Attorney(s)-In-Fact, to make, execute, seal, and deliver from the date of Issuance of this power for and on Its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all Intents and purposes, as If the same had been duly executed and acknowledged by their regularly elected officers at their principal office In Long Grove, Illinois. This Power of Attorney Is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being In full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which It is attached, shall continue to be valid and binding upon the Company.` FK 09 75 (Ed. 09 01) Page 1 of 2 Printed In U.S.A. In Testimony Whereof, the Company has caused this insti affixed by their authorized officers, this September26, 2001. Attested and Certified: �,eq 7 �vud.r q ,. �I d I�A1� 9 � cmrHAAn�L �LIYIV W = HEAL J p-q oh K. Conway, Corporh#b Secretary STATE OF ILLINOIS SS COUNTY OF LAKE SS ument to be signed and their corporate seals to be Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company � AM6"AmE Q Em1AmIAI10A H Gary J. V ly, nior Vice Pres' t I, Maria I. Omori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said Instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. E "OFF I CIAL SEAL" RIA L OMORI LLSTATEOFILIN0i5 Maria I. Omori, Nota Publc 51ONExPi�59J17 2003 Not My commission expires 9 -17-03 CERTIFICATION I, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated September26, 2001 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this 27th day of May , 20 Q e `°* Johqtponway, Corporate 496retary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Long Grove, IL 60049 FK 09 75 (13d. 09 01) Page 2 of 2 Printed in U.S.A. Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Michael B. Hill, Cindy Fowler, William D. Baldwin, and Suzanne C. Baadwin of Richardson, TX (EACH) its true and lawful Attomey(s)4n -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and -- on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by Its regularly elected officers at its principal office In Kansas City, Missouri. This Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby cartified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the .Company may appoint agents for acceptance of process." This Power of Attorney is signed, seated and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which It is attached, shall continue to be valid and binding upon the Company. 00MI -0013 00 03 03 Pagel of 2 Printed In U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 11 to day of March, 2003. Arch Insurance Company Attested and Certified ..r Thomas P. Luckstone, Vice President STATE OF CONNECTICUT SS COUNTY OF FAiRFIELD SS I Melissa 8. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the some persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under. the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day In person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. ,.....rre ,� .� '. �• 7+ ,/'rte/ »{�.' jjj,,,/��jjj� Melissa b. GlIffgan, Notary�C My commission expires 2 -28.05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 11, 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 27th day of May , 2003 .tas Label], CorporaW Secm tart' This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Kansas MO OOML0013 00 03 03 Page 2 of 2 5 Printed In U.S.A. IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact American Manufacturers Mutual Insurance Company, American Motorists Insurance Company, and /or Lumbermens Mutual Casualty Company for information or to make a complaint at: Kemper Insurance Companies Attn: Surety Claims 1 Kemper Drive, K -7 Long Grove, IL 60049 -0001 (847) 320 -5996 (847) 320 -5828 Fax You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. BOX 149104 Austin, TX 78714 -9104 (800) 252 -3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253 -048, Government Code, and Section 53 -202, Property Code, effective September 1, 2001. {\Kempers \ Insurance Companies IMPORTANT NOTICE CONCERNING THE TERRORISM RISK INSURANCE ACT OF 2002 The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the federal government will share, with the insurance industry, in losses arising out of "acts of terrorism" certified as such by the Secretary of the Treasury. "Certified acts of terrorism" are defined as events that cause more than $5 million in losses and: 1. Are violent or dangerous to human life, property, or the infrastructure; 2. Result in damage within the United States, on a United States mission, or to a United States aircraft or vessel; and 3. Are committed by individuals, acting on behalf of foreign persons or interests, as part of an effort to coerce the civilian population of the United States or to influence the policies or conduct of the United States Government. The Act specifies that coverage for "certified acts of terrorism" must be made available in commercial property and casualty policies of insurance, and it requires insurers to disclose any applicable premium charges and the federal share of compensation. We are making these disclosures in strict compliance with the Act. Disclosure of Availability of Coverage for Terrorism Losses Coverage for losses resulting from "certified acts of terrorism" is being made available to you on terms, amounts, and limitations generally applicable to losses resulting from perils other than acts of terrorism. Disclosure of Federal Share of Compensation for Terrorism Losses The federal government will pay a 90% share of an insurer's terrorism losses once the insurer has satisfied a significant aggregate annual deductible. For terrorism losses occurring in 2002, that deductible is 1% of the insurer's 2001 direct earned premium. For losses occurring in 2003, 2004 and 2005, the annual insurer deductibles are 7 %, 10% and 15% of the prior year's direct earned premium, respectively. The Act provides that neither insurers nor the federal government are responsible for losses associated with "certified acts of terrorism" once aggregate annual insured losses exceed $100 billion. Disclosure of Terrorism Insurance Premium Your Bond premium charge for "certified acts of terrorism" coverage is $ 0. SR 80 37 (Ed. 11 02) Page 1 of 1 Printed in U.S.A. SECTION 3 STANDARD SPECIFICATIONS SUPPLEMENTARY CONDITIONS CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD GENERAL PROVISIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, NORTH CENTRAL TEXAS, LATEST ADDITION, PREPARED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. PART I: GENERAL PROVISIONS - DIVISION 1 PROPOSAL REQUIREMENTS ITEM 1.0 - DEFINITIONS SC -1.0 Engineer The word "Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 9478, 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. or after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request or scheduled testing must be made in writing and approved by the City of Coppell. Seventy- two hours notice required. All overtime incurred by the City for inspection services shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments. All other terms used in these Supplementary Conditions which are defined in the General Provisions shall have the same meanings used in the General Provisions. ITEM 1.15 - SURETY BONDS SC -1.15 Add following sentence to Item 1.15 (A): "Maintenance Bond shall be required in the amount of 50% of the cost of the public improvements for a 2 year period." 3 -2 Standard Specifications Supplementary Conditions ITEM 1.16 - NOTICE TO PROCEED SC -1.16 Add following sentence to end of Item 1.16. Before Contractor starts the Work at the site, a conference attended by Contractor, Engineer and others as appropriate will be held to discuss the schedules referred to in Items 1.22.5, 1.28 and 1.51.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. ITEM 1.19 - PRIORITY OF CONTRACT DOCUMENTS SC -1.19 Add the following language at the end of the Item 1.19: "If there is any conflict between the provisions of the Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications, manuals or codes." ITEM 1.20 - CORRELATION AND INTENT OF DOCUMENTS SC- 1.20.1 Amend the first sentence of Item 1.20.1 by changing "such copies" to be "five copies ". Add the following to the end of Item 1.20.1: "In the preparation of Drawings and Specifications, ENGINEER has established and relied upon the following reports of explorations and tests of subsurface conditions at the site of the work: No — geotechnical explorations or tests of subsurface conditions have been performed. The Contractor may take borings at the site to satisfy himself as to subsurface conditions." SC- 1.20.5 Add the following new Item 1.20.5 immediately after Item 1.20.4: 1.20.5 Existing Utilities and Sewer Lines The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by the construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRACTOR 3 -3 Standard Specifications Supplementary Conditions shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense. If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made _ necessary by the performance of this contract. ITEM 1.22 - CONTRACTORS RESPONSIBILITIES SC- 1.22.5 Amend the first sentence of Item 1.22.5 by adding the following at the beginning of the sentence: "If requested by Owner, Engineer or Contractor ". ITEM 1.24 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY SC- 1.24.2.1 Add the following new Item 1.24.2.1 immediately after Item 1.24.2: 1.24.2.1 Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER, ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall promptly attempt to settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and Consulting Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate Contractor against OWNER, ENGINEER or Consulting Engineer to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the performance of work be any separate Contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER or Consulting Engineer or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER, ENGINEER or Consulting Engineer on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing _ Work by any act or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Item 1.36. An extension of the Contract Time shall be CONTRACTOR's exclusive 3 -4 Standard Specifications Supplementary Conditions remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor. ITEM 1.26 - INSURANCE SC- 1.26.6 Add the following new item: 1.26.6 If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR. SC- 1.26.7 Add the following new item: 1.26.7 CONTRACTOR intends that any policies provided in response to Item 1.26 shall protect all of the parties' insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. ITEM 1.27 - MATERIALS AND WORKMANSHIP; WARRANTIES AND GUARANTEES SC- 1.27.4 Amend the first sentence of Item 1.27.4 to change the words "one year" to "two years ". ITEM 1.32 - WORKING AREA; COORDINATION WITH OTHER CONTRACTORS; FINAL CLEANUP SC- 1.32.1 Delete Item 1.32.1 in its entirety and insert the following in lieu thereof: "Construction stakes /surveying shall be provided by the CONTRACTOR. Vertical control has been established as shown on the construction plans. Horizontal control can be established from existing inlets, street intersections or other utilities indicated on the construction plans. The Contractor shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the 3 -5 Standard Specifications Supplementary Conditions requirements of the construction documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and the lines and grades given therein." ITEM 1.33 - OTHER CONTRACTORS; OBLIGATION TO COOPERATE SC -1.33 Delete the last sentence of the second paragraph and substitute the following in lieu thereof: "In such event, Contractor shall be entitled to an extension of working time only for unavoidable delays verified by the Engineers, as provided in Item 1.36; however, no increase in the contract price shall be due the Contractor." Insert the following sentence at the end of the second paragraph of Item 1.33: "The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR of such related work except as provided in Item 1.36." ITEM 1.36 - DELAYS; EXTENSION OF TIME; LIQUIDATED DAMAGES SC -1.36 Add the following at the end of the last paragraph in Item 1.36: "No extension of the contract time shall be allowed unless the CONTRACTOR can demonstrate the delay caused an adverse impact to the critical path and that loss of time can not be made up by revising the sequence of the work of the project." ITEM 1.37 - CHANGE OR MODIFICATION OF CONTRACT SC -1.37 1.37.1 Amend the last sentence in Paragraph two of Item 1.37.1 to delete the following "except as provided below." Add the following sentence to the end of paragraph two in Item 1.37.1. "The unit price of an item of Unit Price Work shall be subject to re- evaluation and adjustment under the following conditions: 3 -6 Standard Specifications Supplementary Conditions ITEM 1.49 - OWNER'S, EMPLOYEES OR AGENTS SC- 1.49 -2 Replace Item 1.49.2 with the following new paragraph: 1.49.2 Conflict of Interest City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (I%) 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 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 3 -7 Standard Specifications Supplementary Conditions 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. PART II: MATERIALS - DIVISION 2 MATERIALS ITEM 2.1.5 - TRENCH BACKFILL (b) Types "B" and "C" (4) Additional Requirements (B) Additional Requirements for Type "C" backfill when used in streets: Insert the following paragraph at the beginning of this subsection: "All trench backfill shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as detennined 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 maybe used only with specific written permission of the Engineer." ITEM 2.1.6 - RIPRAP OR STONE MASONRY (b) Materials and Dimensions (4) Mortar Riprap. Add the sentence: Mortar or concrete type shall be approved by the Engineer and shall conform to A.S.T.M. C 387 -83. ITEM 2.1.7 - PIPE BEDDING MATERIAL FOR STORM SEWERS (a) General: Amend the first sentence, by striking the words "requirements for earth bedding" and replace with "recommendations of the pipe manufacturer, and shall be approved by the Engineer ". (b) Earth Bedding: Add the following sentence at the beginning of this paragraph: "Earth bedding will not be permitted without written approval of the Engineer." ITEM 2.2.2 - CHEMICAL ADMIXTURES (d) Mineral Admixtures. Delete paragraph (d) in its entirety. The use of Fly Ash as an admixture in any Class of concrete is specifically prohibited without written approval of the Engineer. 3 -8 Standard Specifications Suppiementary Conditions PART III CONSTRUCTION METHODS DIVISION 3 - SITE PREPARATION — ITEM 3.1.2 - CONSTRUCTION METHODS — Add the following sentence after the second sentence: The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer. ITEM 3.7.3 - DENSITY — Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D -698 at, or up to five (5) percentage points above, — optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." PART III DIVISION 4 - SUBBASE AND BASE COURSES ITEM 4.8.4 - CONSTRUCTION METHODS (b) Compaction Amend the last sentence of the first paragraph, by striking the words: "90 percent of the — maximum dry density of such material." and replace with the words "95 percent of the maximum dry density of such material, or as directed by Engineer. PART III DIVISION 5 - PAVEMENT /SURFACE COURSES ITEM 5.8.2 - CONSTRUCTION METHODS (e) Joints (1) Expansion Joints: Delete the first paragraph and replace with the following: "Expansion joints shall be installed perpendicularly to the surface and centerline of the — pavement. Expansion Joint material shall be redwood boards, 3/4 -inch in width, and extended through curbs. Expansion joints are to be installed at each end of radius at street intersections. Expansion joints shall be equally spaced between intersections with not less — than one every 200 linear feet of pavement, unless otherwise specified on the Plans or directed by the Engineer. (C) Proximity to Existing Structures: Add to end of sentence, "or as directed by the Engineer ". 3 -9 Standard Specifications Supplementary Conditions (2) Contraction Joints. Delete the first sentence of the first paragraph and insert the _ following: "Contraction or dummy joints shall be sawed to 1 -1/4 inches in depth, and 1/4 inch in width, and installed every 20 linear feet of pavement, and extend through curb, unless otherwise directed by the Engineer." (h) Finishing. — (1) Machine. Add the following paragraph at the end of this subsection: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." (2) Hand. Add a new paragraph after first paragraph which reads as follows: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed — concrete with a fine mist, shall be used if water is needed for finishing operations." PART III DIVISION 6 - UNDERGROUND CONDUIT CONSTRUCTION ITEM 6.2.9 - BACKFILL (b) Compaction. (2) Densities - Areas Not Subjected to or Influenced by Vehicular Traffic. Amend the second sentence by striking the words "to a density comparable with adjacent undisturbed material" and replacing with "to a density between 95 percent and 100 percent Standard Proctor Density as determined by ASTM D -698 at, or up to five (5) percentage points above, optimum moisture content, unless otherwise specified in the Plans or directed by the Engineer." 3 -10 Standard Specifications Supplementary Conditions