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ST0202-CS030627%"( OZ-o 2-- T H Ir , C I T Y · 0 255 Parkway Blvd Coppell, TX 75019 ~~~. Phone: (972)304-3679 Fax: (972)304-3570 ENGINEERING DEPARTMENT FAX CO VER SHEET Phone: Pages: "~ (including cover sheet) Re: CC: ~ U~ent ~For Review ~ Please Comment ~ Please Reply ~ ~ Requested IF YOU DO NOT RECEIVE ALL OF THE PAGES PLEASE CALL (972) 304-3679 Oty of Coppell Engineering - Excellence By Design" Item 1.1. GENERAL PROVISIONS ITEM 1.1. PROPOSAL FORM The OWNER shall furnish bidders with proposal forms which shall state the general location and description of the contemplated work and which shall contain an itemized list of the items of work to be done or materials to be fur- nished, and upon which bid prices are asked. The proposal form shall specify the form and amount of the proposal guaranty. ITEM 1.2. QUANTITIES IN PROPOSAL FORM The quantities of the work and materials set forth in the proposal form or on the plans approximately represent the work to be performed and materials to be furnished, and arc for the purpose of comparing the bids on a uniform basis. Payment shall be made to the CONTRACTOR only for the actual quantities of work performed or materials furnished in accordance xvith the plans and specifications; and it is understood that the quantities may be increased or decreased as hereinafter provided, without in any way invalidating the bid prices. ITEM 1.3. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK Bidders are advised that the plans, specifications and other documents on file as stated in the advertisement shall con- stitute all the information which the OWNER shall furnish. Bidders are required, prior to submitting any proposal, to review the plans and read the specifications, proposal, contract and bond forms carefully; to visit the site of the work; to examine carefully local conditions; to inform themselves by their independent research, tests and investigations of the difficulties to be encountered and judge for themselves the accessibility of the work and all attending circum- stances affecting the cost of doing the work or time required for its completion; and to obtain all information required to make an intelligent proposal. No information given by the OWNER or any official thereof, other than that shown on the plans and contained in the specifications, proposals and other contract documents, shall be binding upon the OWNER. Bidders shall rely ex- clusively upon their own estimates, investigations, tests and other data which are necessary for full and complete in- formation upon which the proposal may be based. Any bidder, by submitting his bid, represents and warrants: that he has prepared his bid in accordance with the specifications, with full knowledge and understanding of the terms and provisions thereof; that he has reviewed, studied and examined the bid prior to the signing and submission of same; and that he was cognizant of the terms of his proposal, verified his calculations and found them to be correct and agrees to be bound thereby. ITEM 1.4. PREPARATION OF PROPOSAL The bidder shall submit his proposal on the forms furnished by the OWNER. All blank spaces in the form shall be cor- rectly filled in and the bidder shall state the prices, both in words and numerals, for which he proposes to do the work contemplated or furnish the material required. Such prices shall be written in ink distinctly and legibly. In cases of discrepancy between the price written in words and price written in figures, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If the proposal is submitted by an association or partnership, the name and address must be given and the proposal signed by a duly auth0rized member of the association or partnership. If the proposal is submitted by a corporation, the cor- porate name and business address must be given and the proposal signed by a duly authorized corporate officer or agent. Powers of attorney authorizing agents to sign the proposal must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. It is understood and agreed that the proposal may not be withdrawn once the bid-opening process has begun. ITEM 1.5. PROPOSAL GUARANTY ~:o proposal sha!l be considered nnless it is accompanied by a cashier's check on any state or national bank or ac- -:~table bidder's bond, payable unconditionally to the OWNER. The cashier's check or bidder's bond shall be in the 5ount of not less than five percent of the total amount of the bid. The proposal guaranty is required by the OWNER : evidence of good faith and as a guarantee that if awarded the contract, the bidder shall execute the contract and furnish the required bonds and evidence of insurance within 10 days after the award of said contract or pay the dam- 14 JANUARY 1998 GENERAL PROVISIONS Item 1.5. ages as set forth below. The said bidder's bond shall be conditioned that, if the proposal is withdrawn after the bids have been opened or the CONTRACTOR refuses to execute the contract in accordance with his proposal and provide the required surety bonds, the CONTRACTOR and the surety shall become liable to the OWNER for the amount of the bidder's bond If a bidder's bond is used, the surety thereon shall designate an agent in the OWNER'S county to whom requisite notices may be delivered and upon whom service of process may be had. In the event a cashier's check is submitted along with the proposal of the bidder, and the CONTRACTOR does not execute the contract and provide the required surety bonds within 10 days after award of said contract, or withdraws his bid after bids have been opened, the OWNER shall be entitled to the proceeds of such check. ITEM 1.6. FILING OF PROPOSALS No proposal shall be considered unless it is filed at the place and within the time limit for receiving proposals as stated in the advertisement. Each proposal shall be in a sealed envelope, plainly marked with the word "Proposal" and the name or description of the project as designated in the advertisement. ITEM 1.7. WITHDRAWING PROPOSALS Proposals filed with the OWNER can be withdrawn or modified and redeposited prior to the time set for opening pro~ posals. Request for non-consideration of proposals must be made in writing addressed to the OWNER prior to the time set for opening proposals. After other proposals are opened and publicly read, the proposal for which non- consideration is properly requested may' be returned unopened. The proposal may not be withdrawn after the bid opening has commenced. The bidder, in submitting the same, warrants and represents that his bid has been carefully reviewed and checked and that it is in all things true and accurate and free of mistakes and that such bid shall not and cannot be withdrawn after opening because of any mistake committed by the bidder; provided, however, that any bidder may withdraw his bid 60 days after the actual date of opening thereof, should no award have been made to such bidder. ITEM 1.8. OPENING PROPOSALS The proposals filed with the OWNER shall be opened at the time stated in the advertisement, or any subsequently is- sued addendum, and publicly read aloud, and shall thereafter remain on file with the OWNER. No contract shall be awarded based on such proposals until after at least two days have elapsed. ITEM 1.9. IRREGULAR PROPOSALS Proposals shall be considered irregular if they show any omissions, alterations of form, additions, unbalanced values or conditions not called for, unauthorized alternate bids or other irregularities of any kind. The OWNER may reject any proposal containing any such irregularity. The OWNER, however, reserves the right to waive any irregularities and to make the award in the best interest of the OWNER. The bidder or CONTRACTOR shall not take advantage of any error in the bidding or contract documents. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown on or mentioned in both. In case of any apparent difference between the drawings and specifications, or any other apparent error which the bidder or CONTRACTOR may discover, he shall refer the matter at once to the OWNER as to which, in accordance with the intent of the contract documents, shall gov- ern. The OWNER shall have the right to correct any error discovered. ITEM 1.10. REJECTION OF PROPOSALS The OWNER reserves the right to reject any or all proposals; and all proposals submitted are subject to this reserva- tion. Proposals shall be rejected for any of the following specific reasons: (a) proposal received after the time limit for receiving proposals as stated in the advertisement or any subsequently issued addendum; (b) proposal unaccompanied by the required bid security; (c) proposal constituting a nonresponsive bid; JANUARY 1998 15 Item 1.10. GENERAL PROVISIONS (d) proposal containing unsolicited conditions or qualifications. ITEM 1.11. DISQUALIFICATION OF BIDDERS Bidders may be disqualified and their proposal not considered for any of the following specific reasons: (a) reason for believing collusion exists among the bidders; (b) reasonable grounds for believing that any bidder is interested in more than one proposal for the work contem- plated; (c) the bidder or his surety being currently in any litigation against the OWNER, or where such litigation is contem- plated or imminent, in the sole opinion of OWNER; (d) the bidder being in arrears on any existing contract or having defaulted on a previous contract; (e) lack of competency, responsibility or financial capability as revealed by the bid questionnaires, financial state- ment, etc.; (f) uncompleted work which in the judgment of the OWNER shall prevent or hinder the prompt completion of addi- tional work if awarded; (g) failure of bidder to use OWNER'S form of bid bond in submitting his bid, or submission of a cashier's check drawn on a state or national bank not located in the OWNER'S jurisdictional area; th) unbalanced value of any bid ~tems. ITEM 1.12. CONSIDERATION OF CONTRACT After proposals are opened, the proposals shall be tabulated for comparison on the basis of the bid prices and quanti- ties shown in the proposal. Until final award of the contract, the OWNER reserves the right to reject any or all propos- als, to waive technicalities or irregularities at its option, to readvertise for new proposals or proceed to do the work otherwise in the best interests of the OWNER. Each bidder shall be furnished a copy of the bid tabulation upon re- quest. ITEM 1.13. AWARD OF CONTRACT AND COMMENCEMENT OF WORK The award, it' made, shall be to the lowest responsible bidder within 90 days after the opening of proposals; but in no case shall the award be made until after investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. Following award and execution of the contract and required surety bonds, the CONTRACTOR shall commence work within I0 days from the date specified in a written work order to be issued by the OWNER. No work shall commence prior Io the issuance of such work order or before the required insurance has been obtained by the CONTRACTOR, with certificates filed with the OWNER evidencing the required coverage to be in force. Should the OWNER unreasonably delay the issuance of the work order through no fault of the CONTRACTOR, the CONTRACTOR shall be entitled only to an equitable extension of contract time, the contract amount to remain un- changed ITEM 1.14. RETURN OF PROPOSAL GUARANTY The OWNER shall normally return the proposal guaranties accompanying all proposals within 10 working days after bid opening except for the three apparent low proposals. The three apparent low proposal guaranties shall be retained by the OWNER until the required contract and surety bonds have been executed, after which they shall be returned. ITEM 1.15. SURETY BONDS (a~ Contractor Surety With the execution and delivery of the contract, the CONTRACTOR shall furnish and file with '~WNER in thc amounts herein required, performance and payment bonds in accordance with the provisions of Ar- ~160. Revised Civil Statutes of Texas, as amended and Article 7. I9-1 of the Insurance Code, as amended. These zd surety bonds are set forth in Item 1.21.1. The sureties shall be listed in the most current Federal Register .~ry List. The OWNER reserves the right to reject any and all sureties. Oeveloper Surety. In order to insure that it might not incur liabilities, a city may require, before it gives approval ol the plans for development, that the OWNER of said development shall provide sufficient surety to guarantee that 16 JANUARY 1998 GENERAL PROVISIONS Item 1.21.1. 1.21.1. SURETY BONDS With thc execution and delivery of the contract, the CONTRACTOR shall furnish and file ~vith the OWNER in the mnounts hereto required, the surety bonds specified hereunder. Without exception, the OWNER'S bond forms must be used, and exclusive venue for any lawsuit in connection with such bonds shall be specified as the county in which the OWNER'S principal office is located. Such surety bonds shall be in accordance with the provisions of Article 5160, Revised Civil Statutes of Texas, as amended, and Article 7.19-1 of the Insurance Code, as amended. These bonds shall automatically be increased by the amount of any change order or supplemental agreement which increases the contract price with or without nonce to the surety, but in no event shall a change which reduces the contract amount reduce the penal amount of such bonds. I.a) Performance Bond. A good and sufficient bond in an amount not less than 100 percent of the approximate total amount of the contract, as evidenced by the proposal tabulation, or otherwise guarnnleeing the full and faithful exe- cution of the work and performance of the contract in accordance with the plans, specifications and contract docu- ments, including any extensions thereof, for the protection of the OWNER. This bond shall provide for the repair and/or replacement of all defects due to faulty materials and workmanship that appear within a period of one year from the date of completion and acceptance of the improvement by the OWNER or such lesser or greater period as may be designated in the contract documents. (b) Payment Bond. A good and sufficient bond in an amount not less than 100 percent of the approximate total amount of the contract, as evidenced by the proposal tabulation, or otherwise guaranteeing the full and proper pro- tection of all clairnants supplying labor and material in the prosecution of the work provided for in said contract and for the use of each claimant. (c) Sureties. No sureties shall be accepted by the OWNER who are now in default or delinquent on any bonds or who are interested in any litigation against the OWNER. All bonds shall be made on forms furnished by the OWNER and shall be executed by not less than one corporate surety authorized to do business in the State of Texas and acceptable to the OWNER. The sureties shall be listed in the most current Federal Register Treasury List. Each bond shall be executed by the CONTRACTOR and surety. Each surety shall designate an agent resident in the OWNER'S jurisdictional area acceptable to the OWNER to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. The OWNER reserves the right to reject any and all sureties. {d) Additional or Substitute Bonds. If at any time the OWNER is or becomes dissatisfied with any surety, then upon the performance or payment bond, the CONTRACTOR shall, within five days after notice form the OWNER to do so, substitute an acceptable bond (or bonds), or provide an additional bond, in such form and sum and signed by such other surety or sureties as may be satisfactory to the OWNER. The premiums on such bonds shall be paid by the CONTRACTOR without recourse to the OWNER. No further payments under the contract shall be deemed due or pay- able until the substitute or additional bonds shall have been furnished and accepted by the OWNER. ITEM 1.22. CONTRACTOR'S RESPONSIBILITIES 1.22.1. PERFORMANCE OF THE WORK In addition to those matters elsewhere expressly made the responsibility of the CONTRACTOR, the CONTRACTOR shall have the full and direct responsibility for the performance and completion of the work under this contract and for any act or neglect of the CONTRACTOR, his agents, employees or subcontractors. He shall bear ali losses, if any, resulting on account of the amount and character of the work, or because the conditions under which the work must be done are different from what were estimated or anticipated by him, or because of weather, floods, elements or other causes. 1.22.2. INDEMNIFICATION The CONTRACTOR and his sureties shall indemnify, defend and save harmless the OWNER and all of its officers, agents and employees fi'om ail suits, actions or claims of any character, name and description brought for or on ac- count of any injuries or damages received or sustained by any person, persons or property on account of the opera- tions of tile CONTRACTOR, his agents, employees or subcontractors; or on account of any negligent act or fault of the CONTRACTOR, his agents, employees or subcontractors m the execution of said contract: or on account of the failure of the CONTRACTOR to provide the necessary barricades, warning lights or signs; and shall be required to pay any judgment, with cost, which may be obtained against the OWNER growing out of such injury or damage. JANUARY 1998 19 GENERAL PROVISIONS Item 1.15. claims against such development, in the event of default, shall be satisfied. Claimants may also seek recovery by other means. ITEM 1.16. NOTICE TO PROCEED Upon receipt of the executed contract and the required surety bonds, a notice to proceed shall be issued indicating the date upon which the contract time shall start and the projected date of completion. ITEM 1,17. EXECUTION OF CONTRACT The person or persons, partnership, company, firm, association or corporation to whom a contract is awarded shall within 10 working day~ after receipt of the contract sign the necessary agreements entering into the required contract with the OWNER. No contract shall be binding on the OWNER until all authorized signatures required by law have been affixed and the executed contract delivered to the CONTRACTOR. ITEM 1.18. FAILURE TO EXECUTE CONTRACT The failure of the bidder to execute the contract or provide the required statutory surety bonds within 10 working days after the contract is awarded shall constitute a breach of his proposal and the OWNER may annul the award and retain the proceeds of the bid security. In the event the OWNER should readvertise for bids, the defaulting CONTRACTOR shall not be eligible to bid. ITEM 1.19. PRIORITY OF CONTRACT DOCUMENTS In case of conflict between contract documents, priority' of interpretation shall be in the following order: signed agreement (or contract), performance and payment bonds, proposal, special provisions (or conditions), advertisement for bids (or invitation to bidders, or request for proposals), project (or contract) drawings, these Standard Specifica- tions for Public Works Construction - North Central Texas, standard drawings, referenced specifications. (Reference Items 1.20.1., 1.20.3., 1.39., and 1.41.) ITEM 1.20. CORRELATION AND INTENT OF DOCUMENTS The contract documents are complementary and what is called for by any one shall be as binding as if called for by all. Thc intent of the documents, unless otherwise specifically provided, is to produce complete and finished work, which the CONTRACTOR undertakes to do m full compliance with the contract documents. It is not intended to men- tion ever.,,, item of work in the specifications which can be adequately shown on the drawings nor to show on the drawings all items of work described or required by the specifications. All materials or labor for work shown on the drawings or reasonably inferable therefrom as being necessary to produce a finished job shall be provided by the CONTRACTOR whether or not same is expressly covered in the specifications. No verbal conversation, understanding or agreemem with any officer or employee or agent of the OWNER, either before or after the execution of the contract, shall affect or modify any of the terms, conditions or obligations contained in the contract documents. 1.20.1. CONTRACT DRAWINGS AND SPECIFICATIONS The ()WNER shall furnish the CONTRACTOR, without charge, such copies of the contract and any supplemental draw- ings and specifications reasonably necessary for the proper execution of the work. At least one copy of all drawings and specifications shall be accessible at all times to the OWNER at thc job site. The plans, these specifications, the proposal, special provisions and all supplementary documents are intended to describe a complete work and are essential parts of the contract. All requirements occurring in any of them is bind- rog. In cases of discrepancies, figure dimensions shall govern over scaled dimensions, plans shall govern over speci- fications, and special provisions shall govern over both general and standard specifications. 1.20.2. SUPPLEMENTAL DRAWINGS AND SPECIFICATIONS In order to carry out the intent of the contract documents and to assist the CONTRACTOR in performing his work, the OWNER, after thc execution of thc contract, may, by supplemental drawings, specifications or otherwise, furnish ad- ditional information or instructions as may be necessary for construction purposes. JANUARY 1998 17