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WA0002-CN040326BID NO. 2004-070-1491 DALLAS COUNTY, TEXAS DEPARTMENT OF PUBLIC WORKS COMMUNITY DEVELOPMENT BLOCK GRANT GRANT NO. B-02-UC-480003 DISTRICT 4 PROGRAM 73156 CONTRACT DOCUMENTS FOR , , CDBG FY 2002 COPPELL FIRE HYDRANTS & WATER MAINS IN THE CITY OF COPPELL LIMITS: IN THE GOLDEN TRIANGLE MOBILE HOME PARK CONSISTING OF: INSTALLATION OF 8-IN. AND 6-IN. WATER MAINS, 3 FIRE HYDRANTS, AND RELATED APPURTENANCES DALLAS COUNTY PUBLIC WORKS CDBG FY 2002 COPPE?,?, FIRE HYDRANTS & WATER MAINS BID NO. 2004-070-1491 TAB?.w. OF CONTENTS PROPOSAL DOCUMENTS NOTICE TO CONTRACTORS PROPOSAL FORMS PAYMENT AND PERFORMANCE BONDS CONTRACT MINORITY/WOMEN BUSINESS ENTERPRISE SPECIFICATIONS CONTRACT DOCUMENTS NOTICE TO CONTRACTORS GENERAL PROVISIONS AND REGULATIONS INDEX OF GOVERNING STANDARD SPECIFICATIONS, SPECIAL PROVISIONS AND SPECIAL SPECIFICATIONS SPECIAL PROVISIONS TO THE GOVERNING SPECIFICATIONS SPECIAL SPECIFICATIONS GENERAL NOTES PROJECT INFORMATION SIGN SPECIFICATIONS NOTICE TO CONTRACTORS DALLAS COUNTY CDBG CONSTRUCTION Sealed proposals addressed to County Judge and Commissioners Court for construction of the CDBG (Community Development Block Grant) Program FY 2002 Coppell Fire Hydrants & Water Mains Project in the City of Coppell, Dallas County, Texas, will be received at the office of the Dallas County Purchasing Agent at Room 623 Dallas County Records Building, 6th Floor, 509 Main Street, Dallas, Texas, until Two o'clock, P.M., Monday~ April 19~ 2004, and then publicly opened and read. DESCRIPTION OF WORK TO BE DONE Installation of 1,000 I.f. of 8-in. and 40 l.f. of 6-in. water mains, 3 fire hydrants, and related appurtenances, in Coppell, Dallas County, Texas, for the Golden Triangle Mobile Home Park. There are 60-calendar days allocated for the total project. A PRE-BID CONFERENCE will be held on Tuesday, April 13, 2004, at 2:00 PM in the Public Works Conference Room, 4* Floor, Dallas County Adiminstration Building, 411 Elm Street, Dallas, Texas. Detailed plans and specifications of the work may be obtained for a $25.00 NON-REFUNDABLE FEE at the office of the County of Dallas Director of Public Works at 411 Elm Street, 4th Floor, Dallas, Texas. Documents may be obtained by mail upon receipt of a separate check in the additional amount of $10.00, which is NON-REFUNDABLE for postage or handling charges. I__f the bidder elects to have a courier service pick up plans and contract documents, the courier MUST provide Dallas County with a contact person, phone number~ and fax number for the bidder on the bidder's letterhead with the proper mailing address indicated. IF YOU ARE A SUB-CONTRACTOR TO THE LOW BIDDER, YOU MUST NOTIFY THE PUBLIC WORKS OFFICE AT 214-653-7153. A certified check, cashier's check, or Bidder's Bond for five percent (5%) of the amount of the bid, made payable without recourse to the order of the County Judge of Dallas County, Texas, must accompany each proposal, as a guaranty that the bidder, if successful, will enter into a contract and make bond in accordance with the requirements of the specifications. The fight is reserved by Dallas County to reject any and all proposals or to waive any irregularities in the bid proposal when in the best interests of the County. Proposals shall be submitted in sealed envelopes marked "Bid No. 2004-070-1491 for the Construction of CDBG FY 2002 Coppell Fire Hydrants & Water Mains Project". All bids received will be retained by Dallas County and will not be returned to bidders. GENERAL PROVISIONS AND REGULATIONS 1 CDBG FY 2002 COPPELL GOLDEN TRI~uNGLE M.H. PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 ITEM 1 - DEFINITION OF TERMS 1.1 DEFINITION: Whenever in these Specifications or in other Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows: 1.2 COUNTY: A political subdivision of the State; the County of Dallas; Party of the First Part to this agreement; Owner. 1.3 COUNTY CO~4ISSIONERS COURT: The duly elected County Judge and four County Commissioners; the legally constituted governing body of the County of Dallas, Texas. 1.4 ENGINEER: The Director County, Texas, acting authorized representatives. of Public Works of Dallas directly or through duly 1.5 INSPECTOR: The authorized representative of the Engineer, assigned to supervise and inspect any or all parts of the work and the materials to be used therein. 1.6 BIDDER: An individual, firm or corporation or any combination thereof, submitting a Proposal. 1.7 CONTRACTOR: The individual, firm or corporation or any combination thereof, Party of the Second Part, with which the Contract is made by the County of Dallas. 1.8 SUPERINTENDENT: The representative of the Contractor authorized to receive and fulfill instructions from the Engineer and who shall supervise and direct the construction. 1.9 PROPOSAL: The offer of the Bidder, made out on the prescribed form, giving prices for performing the Work described in the Plans and Specifications. 1.10 PROPOSAL GUAPJ%NTY: The security designated in the Proposal and furnished by the Bidder as a guaranty that the Bidder will enter into a Contract if awarded the Work. 1.11 PLANS: The Plans, profiles, typical sections, general cross-sections, working drawings and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, dimensions and details of the Work and which are a part of the Contract. 2 CDBG FY 2002 COPPELL GOLDEN TRIA2qGLE M.H. PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 1.12 SPECIFICATIONS: The Specifications shall include the General Conditions and Covenants, herein provided, the Third Edition, 1998, of the North Central Texas Council of Governments (NCTCOG) Standard Specifications for Public Works Construction and the latest edition of the City of Coppell Standard Construction Details, supported by the "Special Provisions" and any Supplemental Agreements necessary for the completion of the Project. Where the phrases "as directed by the Engineer," "ordered by the Engineer," or "to the satisfaction of the Engineer" occur it is to be understood that the directions, orders or instructions to which they relate are within the limitations of, and are authorized by the Contract. 1.13 CONCRETE PAVEMENT: Where the term "Concrete" is shown, specified, mentioned or referred to, the meaning shall be Portland Cement Concrete. 1.14 SPECIAL PROVISIONS: "Special Provisions" are the specific requirements necessary and pertinent to the particular project covered by the Contract Documents wherein the North Central Texas Council of Governments Standard Specifications are modified and/or supplemented to more clearly define the project construction requirements including work performance and quantities and qualities of material to be furnished. Wherever there may appear to be a conflict between the requirements of other sections of the Specifications and those of the "Special Provisions", the requirements of the latter shall take precedence and shall govern. 1.15 SUPPLEMENTI%L AGREEMENTS: Written agreements, usually termed Change Orders or Field Changes, entered into between the Contractor and Dallas County and approved by the Surety, covering alterations and changes in Plans which may be necessary to the proper completion of the work. 1.16 CONTRACT: The agreement between the County of Dallas and the Contractor covering the furnishing of materials and performance of the work. The Contract will include the Plans, Specifications, Special Provisions, Contract Bonds and Supplemental Agreements. 1.17 SURETY: The corporate body or bodies bound with and for the Contractor for the faithful performance of the work covered by the Contract and for the payment for all labor and material supplied in the prosecution of the work. 3 CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. PARK FIRE HYDRA/gTS & WATER MAINS MARCH 2004 1.18 PERFORMANCE BOND: The security furnished by the Contractor to guaranty the completion of the work in accordance with the terms of the Contract. 1.19 PAYMENT BOND: The security furnished by the Contractor solely for the protection of claimants, as defined by law, supplying labor and materials for the prosecution of the work in accordance with the terms of the Contract. 1.20 1.21 1.22 1.23 1.24 1.25 THE WORK: The work shall include the furnishing of all labor, materials, equipment and other incidentals necessary or convenient to the successful completion of the project and the carrying out of all the duties and obligations imposed by the Contract. PROJECT: The specific section of together with all appurtenances and performed thereon under the Contract. the street or road construction to be LABORATORY: Amy qualified commercial laboratory which may be designated or approved by the Engineer. WORKING DAY: Not applicable. CA?~NDAR DAY: The Contract provides that calendar days shall be the measure of construction time. It shall be accepted that a calendar day is any day of the week or month; weather, Sundays, and legal holidays as defined by the Dallas County Commissioners Court are not excepted. ABBREVIATIONS: Wherever the abbreviations defined herein occur on the Plans, in the Specifications, Contract, Bonds, Advertisements, Proposal or in any other document or instrument herein contemplated or to which the Specifications apply or may apply, the intent and meaning shall be as follows: AAN AAR AASHTO AITC ANSI AP1 AREA CDBG FY 2002 COPPELL GOLDEN TRI~dNGLE M.H. PARK FIRE HYDRANTS & WATER PLAINS American Association of Nurserymen Association of American Railroads American Association of State Highway and Transportation Officials American Institute of Timber Construction American National Standards Institute American Petroleum Institute American Railway Engineering Association 4 MARCH 2004 ASA ASTM AWWA AWS AWG AWPA AWPB AWPI Asph. ACP Ave. Blvd. C.I. C.L. C C.O. conc. cond. corr. Cu C.F. or Cu. Ft. CFS C.Y. or Cu. Yd. culv. DFPA DP& L Co. DWU Dia Dr. Elev F Ft or ' Gal G.I. GTE IES IMSA I.D. ITE Lin L.F. LSG Co. Lb or # M.H. Max. MGD CDBG FY 2002 COPPELL GOLDEN TRIA~NGLE M.H. American Standards Association American Society of Testing and Materials A_merlcan Water Works Association 3American Welding Society American Wire Gage American Wood Preservers Association Amerzcan Wood Preservers Bureau Amerzcan Wood Preservers Institute Asphalt or Asphaltic Concrete Asphaltic Concrete Pavement Avenue Boulevard cast iron center line Centigrade (Celsius) clean-out concrete (Portland Cement Concrete) conduit corrugated cubic Cubic Feet Cubic Feet per Second cubic Yard culvert Douglas Fir Plywood Association Dallas Power & Light Co. Dallas Water Utilities Diameter Driveway Elevation Fahrenheit Federal Emergency Management Agency Foot or Feet Gallon Galvanized Iron General Telephone and Electronics Illuminating Engineering Society International Municipal Signal Association Inch or Inches Inside Diameter Institute of Transportation Engineers linear Linear Feet Lone Star Gas Co. Pound Manhole Maximum Million Gallons per Day 5 PARK FIRE HYDR/~NTS & WATER ~INS MARCH 2004 Mono. NBFU NEC NEMA NFPA NIST No. or # O.D. OS~ % PPP psi R P~AP Reinf. Rem. Rep. R/W or R.O.W. Sani. SFPA SPIB SWBT Sq S.F. or Sq. S.Y. or Sq. Std. St. Str. SWPPP TNRCC TP& L Co. TU Elec TxDOT UL Vol. WUT Co. WW WWPA Yd Ft. Yd. Monolithic National Board of Fire Underwriters National Electrical Code (Published by NBFU) National Electrical Manufacturers Association National Forest Products Association National Institute of Standards and Technology Number Outside Diameter Occupational Safety and Health Administration Percent Pollution Prevention Plan Pounds per square inch Radius Reclaimed Asphalt Pavement Reinforced Remove Replace Right-of-Way Sanitary Southern Forest Products Association Southern Pine Inspection Bureau Southwestern Bell Telephone Co. Square Square Feet Square Yard Standard Street or storm Street or Strength Storm Water Pollution Prevention Plan Texas Natural Resources Conservation Commission Texas Power and Light Company Texas Utilities Electric Company Texas Department of Transportation Underwriters Laboratory, Inc. Volume Western Union Telegraph Company Waste water Western Wood Products Association Yard 1.26 BRIDGES: Not applicable. 1.27 CERTIFICATE OF INSUPJ%NCE Dallas County approved form covering insurance requirements stated in the contract. 1.28 CONSTRUCTION BULLETIN C-5 Not applicable. CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. 6 PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 1.29 CONSTRUCTION BULLETIN C-6 Not applicable. 1.30 CONSTRUCTION BULLETIN C-8 Not applicable. 1.31 CONSTRUCTION BULLETIN C-9 Not applicable. 1.32 CONSTRUCTION B~J.RTIN C-11 followed in the design and concrete. Manual of procedures to be control of portland cement 1.33 CONSTRUCTION BULLETIN C-14 Manual followed in the design and control paving mixtures. of procedures to be of asphaltic concrete 1.34 CULVERT Not applicable. 1.35 DEPARTMENT The Texas Department of Transportation (TxDOT). 1.36 DEPARTMENTAL MATERIAL SPECIFICATIONS Specifications for various materials published by the Division of Materials and Tests. 1.37 1.38 HAZARDOUS MATERIALS/WASTE Hazardous materials/waste include, but are not limited to, such materials as: explosives, compressed gas, flammable liquids, flammable solids, combustible liquids, oxidizers, poisons, radioactive materials, corrosives, etiologic agents and other material classified as hazardous by 40CFR261, or applicable state and federal regulations. INTERSECTION The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways, of two highways which join one another at, or approximately at, right angles; or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. 1.39 ISLAND An area within a roadway for which vehicular traffic is intended to be excluded, together with any area at the approach thereto occupied by protective deflecting or warning devices. 1.40 MANUAL OF TESTING PROCEDURES As referenced in the Third Edition, 1998, of the North Central Texas Council of Governments (NCTCOG) Standard Specifications for Public Works Construction and the latest edition of the City of Coppell Standard Construction Details. 1.41 MATERIALS Definitions of materials and material properties are as found in Test Method Tex-100-#, Part I. CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 1.42 MEDIAN The portion of a divided highway separating the traffic lane(s) in opposite directions. 1.43 OSHA Occupational Safety and Health Administration 1.44 PAVEMENT That part of the roadway having a constructed surface for the facilitation of vehicular traffic. 1.45 POWER OF ATTORNEY FOR SURETY BONDS An instrument under corporate seal which appoints an attorney-in-fact to act in behalf of a Surety Company in signing bonds. 1.46 RAMP Not applicable. 1.50 REGISTERED PROFESSIONAL ENGINEER A person who has been duly licensed and registered by the Texas State Board of Registration for Professional Engineers to engage in the practice of engineering in this state. 1.51 RENTAL RATE BLUE BOOK FOR CONSTRUCTION EQUIPMENT Equipment rental rates published by Dataquest (also known as the Rental Rate Blue Book or the Blue Book.) 1.52 RIGHT OF WAY The land provided for a highway. 1.53 ROADBED The graded portion of a highway which is prepared as foundation for the pavement structure and shoulders. On divided highways, the depressed median type and the raised median type highways will be considered to have two roadbeds. Highways with a continuous two-way left turn lane will be considered to have one roadbed. 1.54 ROADWAY The portion of the highway within the limits of construction. 1.55 SCREENS AND SIEVES As defined by the ASTM. 1.56 SHOULDER That portion of the roadway contiguous with the traffic lane(s) for accommodation of stopped vehicles for emergency use and/or for lateral support of base and surface courses. 1.57 SPECIAL SPECIFICATIONS Supplemental Specifications applicable to the individual project, not covered by the Standard Specifications. 1.58 SPECIFICATIONS The directions, provisions and requirements referenced or contained herein or in special specifications, supplemented by such special provisions as may be issued or made pertaining to the method and manner of performing the work or to CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 1.59 1.60 1.61 1.62 1.63 1.64 quantities and qualities of materials to be furnished under the contract. Where the phrases such as "or directed by the Engineer", "or as approved by the Engineer" or "or to the satisfaction of the Engineer" occur, it is to be understood that the directions, orders or instruction to which they relate are within the limitations of and authorized by the contract. Special provisions and special specifications will cover work pertaining to a particular project and included in the proposal but not covered by the Standard Specifications. Where reference is made to Departmental material specifications, specifications of ASTM, AASHTO or Bulletins and Manuals of the Department, it shall be construed to mean the latest standard or tentative standard in effect on the date of the proposal. Incorporation of subsequent changes to the above documents will be considered by the Engineer in accordance with Item 4, "Scope of Work", as appropriate. STATE The State of Texas. SUBGRA/~E That portion of the roadbed upon which the subbase, base or pavement structure is to be placed. SUBSTRUCTUT{E That part of the structure below the bridge seats or below the springing lines of arches. Parapets, backwalls and wingwalls of abutments shall be considered as parts of the substructure. SUPERSTRUCTURE Not applicable. TEMPORARY STRUCTURES Not applicable. TI~JTCD Most current version of the Texas Manual on Uniform Traffic Control Devices for Streets and Highways. 1.65 TRAFFIC LANE The strip of roadway intended to accommodate the forward movement of a single line of vehicles. 1.66 TRAVELED WAY The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. ITEM 2 - INSTRUCTIONS TO BIDDERS 2.1 PROPOSAL FORM: Upon request, bidders will be furnished a Proposal form by the Department of Public Works which will state the location and description of the proposed Work and an itemized list of the items of Work to be 9 CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS done, or materials to be furnished, upon which bid prices are asked. The Proposal form will provide the time within which the Work is to be completed, the amount of Proposal guaranty, and such information as to ability, skill and business standing as may be necessary. The Specifications and "Special Provisions" may be bound with the Proposal form or in a separate binder. 2.2 QUA/~TITIES IN PROPOSAL FORM: The quantities of Work or materials as set forth in the Proposal form or on the Plans are a calculated approximation and are for the purpose of comparing the bids on a uniform basis. Payment will be made by the County to the Contractor only for the actual quantities of Work performed or materials furnished in accordance with the Contract and Item 4, "Scope of Work" and Item 9, "Measurement and Payment." The quantity of Work to be done and materials to be furnished may be increased or decreased as hereinafter provided. 2.3 EXAMINATION OF PLANS, SPECIFICATIONS ~ SITE OR WORK: Bidders are advised that the Plans, Specifications and other documents on file in the Dallas County Department of Public Works shall constitute all the information which the County will furnish. Bidders are required, prior to submitting any Proposal, to 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 of the accessibility of the Work and all attending circumstances affecting the cost of doing the Work or time required to make an intelligent Proposal. No information given by the County or any official thereof, other than that shown on the Plans and contained in the Specifications, Proposal and other documents, shall be binding upon the County. Bidders shall rely exclusively on their own estimates, investigations, tests and other data which are necessary for full and complete information upon which the Proposal may be based. Amy Bidder by the filing of his Proposal represents and warrants that he/she has prepared his/her bid in accordance with the Specifications, with full knowledge and understanding of the terms and provisions thereof; that he/she has reviewed, studied and examined the bid prior to the signing and filing of same, and that he/she was cognizant of the terms of his Proposal, verified his calculations and found them to be correct and agrees to be bound thereby. 10 CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 2.4 Bidders are hereby further advised to visit the site of Work and to carefully examine conditions, particularly with respect to utility installations, that may affect their scheduling, administering, progress and/or cost of doing the Work. Bidders are further advised that failure on the part of any utility (public or franchised), after issuance of a work order (Article 3.7) at a time mutually agreed to by the Engineer and Contractor, to adjust and/or relocate, in a timely manner, a utility installation (surface or sub-surface) that is obstructing proposed construction under this Contract, shall not be considered sufficient basis for a claim for adjustment in the unit prices or Contract amount in any manner whatsoever, except under the conditions of Item 5, paragraph 5.3, when changes in lines or grades, as authorized by the Engineer, requires extra work. Time charges may be suspended, when in the opinion of the Engineer, such utility obstructions will delay the satisfactory execution and completion of the Work as anticipated by the approved schedule of work submitted by the Contractor. PREP~RATION OF PROPOSAJu: The Bidder shall submit his/her Proposal on the forms furnished by the Dallas County Department of Public Works. Ail blank spaces in the form shall be correctly filled in and the Bidder shall state the prices, both in words and numerals for which he/she proposes to do the contemplated work or furnishing the required material. The bidder shall submit a unit price for each item for which a bid is requested (including a zero if appropriate.) The prices shall be written in ink, distinctly and legibly. In cases of discrepancy between the price written in words and the 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/her or his/her duly authorized agent. If the Proposal is submitted by a partnership or joint venture, the name and address of each member must be given and the Proposal signed by a member of the partnership or joint venture, duly authorized. If the Proposal is submitted by a corporation, the corporate name and business address must be given and the Proposal signed by an official or duly authorized agent. Powers of Attorney or Corporate Resolutions, authorizing signatory to bind the bidding entity, must be properly certified in writing and submitted with the Proposal. The entire Proposal must be executed in ink. It is understood and agreed that the Proposal may not be withdrawn after the bids have been opened. i1 CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS 2004 2.5 PROPOSAL GUARANTY: No Proposal will be considered unless it is accompanied by a Certified or Cashier's Check on any State or National Bank in Dallas County or an acceptable Bidder's Bond, in the amount of not less than five (5) per cent of the total amount of the bid and payable unconditionally to County Judge, Dallas County, Texas. The Proposal guaranty is required by Dallas County as evidence of good faith and as a guaranty that if awarded the Contract, Bidder will execute the Contract, furnish the required Bonds within ten days after the award of said Contract or pay the damages as set forth in Article 3.6 hereof. Said Bidder's Bond shall not be withdrawn after the opening of the bids. Checks and Bonds of unsuccessful bidders will be returned to them by the County Commissioners Court or the Director of Public Works as soon as possible after all Proposals have been checked. In event the successful Bidder fails or refuses to execute the Contract in accordance with his Proposal, he and the surety shall become liable to the County of Dallas for the amount of the Bidder's Bond and the defaulting Contractor, in addition thereto, shall be liable for further damages as set forth in Article 3.6 hereof. In each Bidder's Bond submitted the surety thereon shall designate an agent resident in Dallas County, Texas, to whom requisite notices may be delivered and upon whom service of process may be had should it become necessary. Certified or Cashier's Checks shall receive the same consideration as Bidder's Bond under conditions as outlined above. 2.6 FILING OF PROPOSALS: No Proposal will be considered unless it is filed with the County Purchasing Department at its office located at Room 623 Records Building, 509 Main Street, Dallas, Texas, 75202, 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. 2.7 WITHDRAWING PROPOSAL: Proposals filed with the County Purchasing Department cannot be withdrawn or modified prior to the time set for opening proposal. Request for non-consideration of a proposal must be made in writing, addressed to the County Commissioners Court and filed with the County Purchasing Department 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. No Proposal may be withdrawn after the bids have been opened and each Bidder, in submitting a CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. 12 PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 2.8 2.9 2.10 Proposal, warrants and guarantees that his bid has been carefully reviewed and checked and that it is in all things true, accurate and free of mistakes and that it will not be and cannot be withdrawn because of any mistakes committed by him. OPENING OF PROPOSALS: Proposals will be publicly opened and read aloud at the time and place indicated in the Advertisement. Bidders or their authorized representatives are invited to be present. IRREGULAR PROPOSALS: Proposals will be considered irregular if they show any omissions, alteration of form, additions, conditions not called for, unauthorized alternate bids or irregularities of any kind. However, the Commissioners Court reserves the right to waive any irregularity and to make the award in the best interest of the County. REJECTION OF PROPOSALS: The Commissioners Court reserves the right to reject any or all of the proposals submitted. Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, any alteration of words or figures or erasures not initialed by the person or persons signing the proposal or irregularities of any kind. The following specific reasons may be cause for rejection: (a) (b) (c) (d) (e) The proposal certification is not signed. Proposal guaranty is not a Cashier's Check or Bank Money Order on a State or National Bank Association payable to the order of the County Judge. Proposal guaranty is less prescribed by the proposal. than the amount Proposal is submitted by an unqualified bidder. The proposal submitted has too few or too many bid items due to bidder not submitting latest revised version of the proposal as amended by addendum. (f) Proposal received after the time limit for receiving proposals as stated in the Advertisement. (g) Unbalanced value of any bid item. Any proposal found to be non-responsive for one or more of the above deficiencies, after having been read, will be tabulated as Non-responsive. CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. 13 PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 2.11 Any proposal found to be missing a unit price for one or more of the required bid items, after having been read, will be tabulated as Incomplete. DISQUALIFICATION OF BIDDERS: disqualified and their proposals not of the following specific reasons: Bidders may be considered for any {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 contemplated. (c) The Bidder having an interest in any litigation against Dallas County. (d) The Bidder being in arrears on any existing Contract or having defaulted on a previous Contract. (e) Lack of competency as revealed by the financial statement, experience record, equipment statement, questionnaires, etc. (f) Uncompleted work which in the judgment of Commissioners Court will prevent or hinder the prompt completion of additional work if awarded. (g) Obviously unbalanced unit bid price or prices. ITEM 3 - A~RD A~D EXECUTION OF CONTRACT: 3.1 3.2 CONSIDERATION OF BIDS: For the purpose of award, after the proposals are opened and read, the correct summation of the products of the approximate quantities shown in the Proposal by the unit bid prices will be considered the amount of the bid. The amounts will then be compared and the results of such comparison will be made available to the public. Until the final award of the Contract, however, the right will be reserved to reject any or all proposals and to waive technical errors as may be deemed best for the interests of Dallas, County. AWARD OF CONTRACT: The award of the Contract, if it be awarded, will be to the lowest responsible Bidder whose Proposal shall comply with the requirements necessary to render it formal. The award, if made, will be within thirty (30) days after the opening of the proposals but in no case will an award be made until all necessary 14 CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 3.3 3.4 investigations are made as to the responsibility of the Bidder to whom it is proposed to award the Contract. RETURN OF PROPOSAL GUARANTY: As soon as all proposals have been tabulated the ~roposal guaranties will be returned to those Bidders whom, in the opinion of the Commissioners Court and the Director of Public Works, would not be considered in the award of the Contract. The Proposal guaranty for the two lowest and/or best proposals will be retained by the Commissioners Court until the required Bonds have been furnished and the Contract executed, following which these guaranties will be returned. In no event will Proposal guaranties be returned until at lease five days shall have elapsed from the time of opening proposals. SURETY BONDS AND INSURANCE: Upon execution of the Contract the Contractor shall furnish and file with the Commissioners Court Surety Bonds in the amounts herein provided, in accordance with the provisions of Article 5160, Revised Civil Statutes of the State of Texas, as amended by Acts of the Regular Session of the Legislature, 1959, and Workmen's Compensation Insurance and Public Liability and Property Damage Insurance in the amounts herein required unless otherwise provided in the "Special Provisions". (a) Performance Bond: A good and sufficient Bond in an amount equal to 100 percent of the approximate total amount of the Contract, as evidenced by the Proposal tabulation, or otherwise guaranteeing the full and faithful execution of the Work and performance of the Contract in accordance with the Plans, Specifications and Contract Documents, including any extensions thereof, for the protection of Dallas County. This Bond shall provide for the repair, and for maintenance attendant thereto, of all defects due to faulty materials, workmanship, defects, and failures that may appear within a period of one year from the date of completion and acceptance of the Work by the Commissioners Court, or such other period of time as may be designated by the "Special Provisions". (b) CDBG FY 2002 COPPELL GOLDEN TRIA~NGLE M.H. Payraent Bond: A good and sufficient Bond in an amount to equal to 100 percent of the approximate total amount of the Contract, as evidenced by the Proposal tabulation, or otherwise guaranteeing the full and proper protection of all claimants supplying labor and materials in the prosecution of the Work provided for in said Contract and for the 15 MARCH 2004 PARK FIRE HYDRANTS & WATER MAINS use of each such claimant. (c) Compensation Insurance: The Contractor shall provide and maintain during the life of this Contract Workmen's Compensation Insurance for all of his/her employees at the site of the project and in case any Work is sublet shall require the sub-contractors similarly to provide Workmen's Compensation Insurance for all of the latter's employees unless such employees are afforded protection by the Contractor. In case any class of employees engaged in hazardous work under this Contract at the site of the project is not protected under the Workmen's Compensation statute, the Contractor shall provide and shall cause each sub-contractor to provide adequate and suitable insurance for the protection of his/her employees not otherwise protected. (d) Public Liability and Property Damage Insurance: The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall protect him and any sub-contractor performing Work covered by this Contract, from claims for damages for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Contract, including blasting when done on or in connection with the Work of the Project, whether such operations be by himself or by any sub-contractor or by any one directly or indirectly employed by either of them. The amounts of such insurance, unless otherwise provided in the "Special Provisions", shall be as follows: Public Liability Insurance in an amount of not less than one hundred thousand dollars ($100,000) for injuries, including accidental death, to any one person, and subject to the same limit for each person in an amount not less than three hundred thousand dollars ($300,000) on account of one accident; and Property Damage Insurance in an amount of not less than one hundred thousand dollars ($100,000) for one accident and a total of three hundred thousand dollars ($300,000) in aggregate for the project. (e) SUltETIES: No sureties will be accepted by the Commissioners Court who are now in default or delinquent on any bonds or who are interested in any litigation against the County of Dallas. Ail CDBG FY 2002 COPPELL 16 MA/RC H 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS Bonds shall be made on forms furnished by the County of Dallas and shall be executed by not less than one corporate surety authorized to do business in the State of Texas and acceptable to the Commissioners Court. Each Bond shall be executed by the Contractor and the surety. Each surety shall designate an agent resident in Dallas County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. 3.5 EXECUTION OF CONTRACT: The person or persons, partnership, company, ~irm, association or corporation to whom a Contract is awarded shall within seven{7)calendar days after such award sign the required contractual agreements and file the necessary Bonds and insurance policies. The Contract shall become effective when signed by the Director of Public Works, indicating investigation of responsibility is satisfactory, Article 3.2 hereof, and the County Judge and County Commissioners. 3.6 FAILURE TO EXECUTE CONTRACT: The failure of the Bidder to execute the Contract, as hereinabove provided, within the prescribed seven(7)calendar days after the award of Contract, shall constitute a breach of his Proposal and the County may annul the award and apply the provisions of Article 2.5 as liquidated damages and as a penalty together with any additional expense incurred by the County in executing a contract for this Work. The County Commissioners Court, at its option, may either accept the bid of the second lowest or best bid, as provided in Article 3.3 hereof, or may re-advertise for bids. In event of re-advertisement, the defaulting Contractor shall not be eligible to bid again and the lowest responsible bid obtained in the re-advertisement shall be the bid referred to herein. 3.7 WORK ORDER: The Engineer shall issue written orders to the Contractor within seven (7)calendar days after the execution of the Contract to commence Work, except that if unforeseen circumstances (including, but not limited to ROW or utilities) are not sufficiently clear, the work order may be delayed by mutual consent of the parties of the Contract. As required by Article 2.3, bidders are to have visited the site of Work and carefully examined conditions, particularly with respect to utility installations that may affect their scheduling, administering, progress and/or cost of doing the Work. Failure on the part of any utility (public or franchised), after issuance of a 17 PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. work order in accordance with this Article at a time mutually agreed to by the Engineer and Contractor, to adjust and/or relocate, in a timely manner, utility installation (surface or subsurface) that is obstructing proposed construction under this Contract, shall not be considered sufficient basis for a claim for adjustment in the unit prices or Contract amount in any manner whatsoever, except under the conditions of Item 5, paragraph 5.3, when changes in lines or grades, as authorized by the Engineer, requires extra Work. These requirements are no way intended to deny the Bidder remedies at law as may be otherwise available from others directly affecting the work progress. Time charges may be suspended, when in the opinion of the Engineer, such utility obstructions will delay the satisfactory execution and completion of the Work as anticipated by the approved schedule of Work submitted by the Contractor, except that such suspension shall not be authorized on calendar day contracts with early completion incentive payments. ITEM 4 - SCOPE OF WORK: 4.1 INTENT OF PLAlqS A/qD SPECIFICATIONS: The intent of the Plans and Specifications is to describe a completed Work to be performed by the Contractor. Unless otherwise provided, it is also the intent of the Plans and Specifications that the Contractor shall furnish all materials, supplies, tools, equipment, machinery, labor, and supervision necessary for the proper prosecution and completion of the Work in full compliance with the Proposal, Plans, and Specifications and other Contract Documents. 4.2 4.3 4.4 "OR EQUAL" CLAUSE: Whenever a material or article required is specified or shown on the Plans, by using the name of a proprietary product or of a particular manufacturer or vendor, any material or article which will perform adequately the duties imposed by the general design will be considered equal and satisfactory, provided the material or article so proposed is of equal substance and function and is approved in writing by the Engineer. SPECIA~L PROVISIONS: When "Special Provisions" are included in the Contract Documents, the conditions provided in Article 1.14 hereof shall govern. INCREASED OR DECREASED QUANTITIES OF WORK: The County of Dallas reserves the right to make changes in the 18 CDBG FY 2002 COPPELL GOLDEN TRIf~NGLE M.H. PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 4.5 4.6 quantities of the Work, as may be considered necessary or desirable, and such changes shall not be considered as waiving or invalidating any conditions or provisions of the Contract or Bond nor release the surety, and the contractor agrees to perform the work as altered. The Contractor shall perform the Work as altered, whether increased or decreased, and no allowance will be made for anticipated profits. Payment to the Contractor for the Contract items will be made for the actual quantities of Work performed and material furnished at the unit prices set forth in the Contract except as provided below which shall apply to major items of the Contract only. A major item shall be those items that amount to five percent or more of the original Contract. When the quantity of Work to be done or of materials to be furnished under a major item of the Contract is more that 125% of the quantity stated in the Contract, either party to the Contract, upon demand, shall be entitled to negotiate for revised consideration of that portion of the Work above 125% of the quantity stated in the Contract. When the quantity of Work to be done or of materials to be furnished under a major item of the Contract is less that 75% of the quantity stated in the Contract, either party to the Contract, upon demand, shall be entitled to negotiate for revised consideration on the Work performed. Amy revised consideration will be paid for as is hereinafter provided. ALTERATION OF PLANS AND SPECIFICATIONS: The County of Dallas reserves the right to make such changes in the Plans and Specifications and in the character of the Work as may be necessary or desirable to insure completion of the Work in the most satisfactory manner, provided such changes do not materially alter the original Plans and Specifications or change the general nature of the Work as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract or Bond. EXTRA WORK: When any Work is necessary to the proper completion of the project for which no prices are provided in the proposal and Contract, the Contractor shall do such Work when ordered in writing by the Engineer to do so. Payment for extra Work will be made as hereinafter provided. 19 CDBG FY 2002 COPPELL GOLDEN TRIA/~GLE M.H. PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 4.7 CLAIMS AND DISPUTES: In the event that the Contractor requests additional compensation for work not clearly covered in the contract or for changed conditions, the Contractor shall notify the Engineer in writing of his/her intention to make a claim for additional compensation before beginning such work, once he/her has knowledge, or during the initial stages of such work. /An assessment of costs of damages is not required to be a part of this notice but is desirable. If such notice is not given and the Engineer is not provided an opportunity to keep an accurate account of the actual cost of the work in question, then the Contractor waives his/her right to file a claim for such work, unless the circumstances are such that the Contractor could not reasonably have knowledge of the additional cost prior to the performance of the work. Notice of claim by the Contractor and the documentation of the cost of the work by the Engineer shall not be construed as proof or substantiation of the validity of said claim. Every effort will be made to resolve this dispute at the project level and develop a supplemental agreement or change order to the contract; however, in the event that it is not resolved, the Contractor may file a formal claim with the Engineer to be forwarded to the proper officials in accordance with the County's Administrative Procedures. 4.8 REMOVAL ~ DISPOSA~L OF STRUCTURES AND OBSTRUCTIONS: Unless otherwise provided in the "Special Provisions", all fences, buildings and structures of any character not necessary to the construction of the Work or other obstructions upon or within the limits of the right of way shall be removed by the Contractor and disposed of as directed. The removal and disposal of such structures and obstructions shall be performed by the Contractor at his own expense and shall be considered incidental to other items of the Contract. Provided, however, that all utility lines along and across the right of way shall be protected by the Contractor. The respective owners of any utility line in conflict with the Work herein provided shall remove and/or adjust such line at no cost to the Contractor. 4.9 FINAL CLEANUP: Upon the completion of the Work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the Work all surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of the Work in neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the Work shall be disposed of at locations satisfactory to the Engineer. 20 CDBG FY 2002 COPPELL FDARCH 2004 GOLDEN TRIA2gGLE M.H. PARK FIRE HYDRANTS & WATER MAINS On selected projects, one or more of the Dallas County Commissioners Road and Bridge District Forces may be performing work within the limits of the project. Where such district forces are performing work, the Contractor and the Coramissioners District Forces shall each be responsible for cleanup, removal of surplus construction and discarded materials, existing pipes or structures removed, and debris of every kind resulting from their portion of the work. Neither party shall leave for, nor expect the other to perform cleanup work resulting from his/her own construction operations. Materials and construction debris shall be handled in such a manner as to not be a hardship or detriment to the work of the other forces involved in this project. 5.2 ITEM 5 - CONTROL OF THE WORK 5.1 AUTHORITY OF THE ENGINEER: All Work shall be performed under the supervision of the Engineer, in a workmanlike manner, to the Engineer's satisfaction and in accordance with the Contract, Plans and Specifications. He shall decide all questions which may arise as to the quality and acceptability of materials furnished, Work performed, manner of performance, rate of progress of the Work, sequence of the construction, interpretation of the Plans and Specifications, acceptable fulfillment of the Contract, compensation, mutual rights between Contractors under these Specifications and suspension of the Work performed. He shall determine the amount and quality of Work performed and materials furnished. His decisions shall be final and he will have executive authority to enforce and make effective such decisions and orders as the Contractor fails to carry out promptly. CONFORMITY WITH PLANS: The finished surface in all cases shall be in reasonable conformity with lines, grades, cross-sections and dimensions as shown on the Plans as determined by the Engineer. Such deviations from the Plans and approved working drawings as may be required will in all cases be determined by the Engineer and authorized in writing. In the event the Engineer finds that the work performed or the materials used are not within reasonably close conformity with the plans, specifications and special provisions, the affected material or product shall be removed and replaced or otherwise satisfactorily corrected by and at the expense of the Contractor. 21 CDBG FY 2002 COPPELL GOLDEN TRITkNGLE M.H. PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 5.3 EXISTING STRUCTURES: The Plans show the locations of all known surface and subsurface structures. However, the location of many gas mains, water mains, conduits, sewers, etc., is unknown, and the County assu~es no responsibility for failure to show any or all of these structures on the Plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claim for additional compensation for extra Work or for increasing the pay quantities in any manner whatsoever unless the obstruction encountered is such as to necessitate changes in the lines or grades or requires the building of special work. When this occurs the provisions in these Specifications for payment of extra work will apply. As required by Articles 2.3 and 3.7, bidders acknowledge that they have visited the site of Work and carefully examined conditions, particularly with respect to utility installations that may affect their scheduling, administering, progress and/or cost of doing the Work. 5.4 CO-ORDINATION OF PLANS, SPECIFICATIONS AND SPECIAJu PROVISIONS: The Specifications, the accompanying Plans, Special Provisions, and Supplemental Agreements, are essential parts of the Contract and a requirement occurring in one is as binding as though occurring in all. They are intended to be co-operative and to describe and provide for a complete Work. In cases of disagreement, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications and Special Provisions shall govern over both Specifications and Plans. CO-OPERATION OF CONTRACTOR: The Contractor will be supplied with four copies of the Plans, Specifications and Special Provisions and shall have available to the Work at all times one copy of each. He shall give the Work his constant attention to facilitate the progress thereof and shall co-operate with the Engineer, his inspector and other Contractors in every way possible. The Contractor shall provide a competent superintendent employed by the firm on the Work at all times who is fully authorized to act as his agent on the Work. Such superintendent shall be cooperative, responsible and competent and capable of reading and understanding the Plans and Specifications and shall receive and fulfill instructions from the Engineer and his/her authorized representatives. The Contractor shall provide all facilities to enable the Engineer and his/her inspectors to observe the workmanship and materials entering into the Work. 5.5 22 CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. PARK FIRE HYDRA2NTS & WATER MAINS MARCH 2004 5.6 The Superintendent will be available at all times. In the event a competent superintendent is not available, the Engineer may suspend work until one is available. CONSTRUCTION STA/(ES: It shall be the responsibility of the Contractor to construct the Work to the position and elevations as set out on the Plans and approved changes. The Engineer will furnish the Contractor control points at intervals not to exceed 500' and near each major structure and at alignment changes throughout the project for determining lines and grades. From the control points established by the Engineer, the Contractor shall establish and be responsible for the correctness of alignment, elevation and position of all construction required by the contract. As a minimum, construction stakes shall be placed at intervals of 100 feet. In the event that the Contractor's personnel are unable to construct an item of work to the tolerances allowed in the specifications with construction stakes at 100 foot intervals, then the stakes shall be placed at closer intervals as directed by the Engineer. The Contractor shall provide a qualified and experienced work force to perform this work. He shall keep the Engineer informed a reasonable time in advance of the time and place he intends to work, in order that measurements may be made as necessary for the record and for determination of pay quantities. The Engineer may, at his option, make spot or complete checks on all construction alignment and grades to determine the accuracy of the Contractor's survey work. These checks, however, will not relieve the Contractor of their responsibility of constructing the Work to the positions and elevations as shown on the Plans or approved changes. Computations, sketches and other drawings used in the design and layout of this project will be made available to the Contractor, but these items will not relieve the Contractor of his responsibility as set out above. The Contractor shall furnish free of charge all stakes and other materials necessary to preserve control points for aligrunent and grade. The Contractor will be held responsible for the preservation of all control points established by the Engineer and if, in the opinion of the Engineer, any of the stakes or bench marks have been carelessly or willfully destroyed or disturbed by the Contractor they shall be replaced at the expense of the Contractor. 23 PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. 5.7 After the project is let to contract, the County will furnish the Contractor, at no cost, with two copies of the earthwork cross sections (when available) and two copies of the computer printouts of the "Design Cross Section List" (when available). These cross sections will be used as a basis for Construction excavation and embankment staking. No direct payment will be made for this Work, but the cost of all labor, equipment and supplies necessary to perform the Work shall be included in the Contract unit prices bid for the various Contract items. INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the Work as performed is in accordance with the requirements and intent of the Contract. If the Engineer so requests, the Contractor shall at any time before acceptance of the Work, remove or uncover portions of the finished Work as may be directed. After examination, the Contractor shall restore said portion of the Work to the standard required by the Specifications. Should the Work thus exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as "Extra Work". Should the Work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be at the Contractor's expense. No work shall be done nor materials used without suitable supervision or inspection. 5.8 AUTHORITY AND DUTIES OF INSPECTORS: Inspectors will be authorized to inspect all work done and all materials furnished. Such inspection may extend to all or to any part of the Work and to the preparation or manufacture of the materials to be used. An Inspector will be assigned to the Work by the Engineer and will report to the Engineer as to the progress of the Work and the manner in which it is being performed; also to report whenever it appears that the materials furnished and the Work performed by the Contractor fail to fulfill the requirements of the Specifications and Contract; and to call the attention of the Contractor to any such failure or other infringement. Such inspection will not relieve the Contractor from any obligation to perform the Work in accordance with the requirements of the Specifications. In case of any dispute arising between the Contractor and the Inspector as to materials furnished or the manner of performing the Work, the 24 CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIA/~GLE M.H. PARE FIRE HYDRANTS & WATER MAINS Inspector will have authority to reject materials or suspend Work until the question at issue can be referred to and decided by the Engineer. The Inspector will not be authorized to revoke, alter, enlarge, or release any requirement of these Specifications, nor to approve or accept any portion of Work, nor to issue instructions contrary to the Plans and Specifications. He will in no case act as foreman or perform other duties for the Contractor or interfere with the management of the Work. His instructions and co-ordination will be directly with and through the Contractor's Superintendent and not with sub-contractor's, suppliers nor other employees. The Project Engineer and other Dallas County personnel connected with the project shall immediately report to the Engineer any offer of gifts, services, or solicitations from the Contractor, sub-contractor, commercial laboratories, or materials suppliers which could be construed as an attempt to compromise the quality of Work or integrity of the inspection. 5.9 CITY INSPECTION: When the project is within the city limits of an incorporated City and the City is to pay a portion of the cost of the work covered by the contract, the work will be subject to inspection by City representatives. Such inspection will in no sense make the City a party to the contract. 5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: Ail Work which has been rejected shall be removed and replaced in an acceptable manner by the Contractor at his expense. Work done beyond the lines and grades given or as shown on the Plans, except as herein provided, or any extra Work done without written authority will be considered as unauthorized and done at the expense of the Contractor and will not be paid for. Work so done may be ordered removed at the Contractor's expense. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer shall have authority to cause the defective Work to be removed and replaced and unauthorized Work to be removed, the cost thereof shall be deducted from any moneys due or to become due to the Contractor. 5.11 FINAL INSPECTION: The Engineer and the City's representative, where applicable, will make final inspection of all Work included in the Contract as soon as practical after the Work is completed and ready for acceptance. If the Work is not acceptable to the Engineer at the time of such inspection the Contractor will be notified of the particular defects requiring 25 CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS correction. As soon as the corrections have been made, another inspection will be scheduled. At the time of the final inspection the entire ROW will be clean, neat and presentable. Grass shall be cut, slopes dressed, pipes and structures clear of silt, debris or other foreign material. Pavement, gutters, sidewalks and inlets shall be clean. The "Final Acceptance" will not release the Contractor from responsibility for all items, materials or equipment requiring performance test periods or final measurements unless otherwise shown in the contract. PLANS AND WORKING DRAWINGS: The plans, where applicable, will show in detail the work to be accomplished under the contract. ITEM 6 - CONTROL OFMATERI3%L 6.1 SOURCE OF SUPPLY ~ QUAJ~ITY OF MATERI3%LS: The source of supply of each of the materials shall be approved by the Engineer and shall be sampled and tested to determine compliance with the governing Specifications before delivery is started. If it is found after trial that sources of supply previously approved do not produce uniform and satisfactory products, or if the product from any source proves unacceptable at any time, the Contractor shall furnish materials from other approved sources. Only materials conforming to the requirements of these Specifications and approved by the Engineer shall be used in the Work. All materials being used are subject to inspection or test at any time during their preparation or use. A_ny materials which have been tested and accepted at the source of supply may be subjected to a check test after delivery and all materials which, when tested, do not meet the requirements of the specifications will be rejected. No material which, after approval, has in any way become unfit for use shall be used in the Work. The Engineer may approve the use of salvable material which, when properly sampled and tested, conforms to the governing Specifications. If the normal trade practice for manufacturers is to furnish warranties or guarantees for the materials and equipment specified herein, the Contractor shall turn the guarantees and warranties over to the Engineer for potential dealing with the manufacturers. The extent of such warranties or guarantees will not be a factor in selecting the successful bidder. 26 CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS For all Federal-aid funded projects, all manufacturing processes for cement or steel materials must occur in the United States except: These requirements do not prevent a minimal use of foreign material, if the cost of such materials used does not exceed one tenth of one percent (0.1 percent) of the total Contract cost or $2,500, whichever is greater. Ail manufacturing processes are defined as all processes required to change the raw ore or scrap metal into the finished, in-place steel product. The Contractor shall furnish, to the Engineer, certified mill test reports on the base metal and producer's certifications on all subsequent manufacturing processes stating compliance with the applicable specification(s) and that all manufacturing processes occurred in the United States. Producer's certifications shall bear the notarized signature of a responsible authorized representative of the producer. 6.2 SA/4PLES AaND TESTS: Initial field testing of all materials, construction items, or products incorporated in the Work will be performed at the direction and expense of the County, including initial compaction and density tests deemed necessary in connection with the construction of embankment, backfill of structures, or excavation. In the event a material, construction item or product incorporated in the Work, embankment, backfill, excavation or any other item tested, fails to satisfy the minimum requirements of the initial test described above, appropriate prove-out tests may be made when directed by the Engineer in writing to determine the extent of the failure and to verify that the corrective measures have brought the item up to Specifications requirement. The cost of all testing necessary to determine the extent of the failure and the adequacy of the corrective measures will be the responsibility of the Contractor. The intent of this requirement is to determine the extent of the defective material and shall not be interpreted as a means to obtain approval for payment of defective materials and/or workmanship. The County shall contract with an independent testing laboratory to perform field testing as required by Item 6, Control of Materials, and the various construction Specifications of the Contract. Where the Contractor notifies the County of scheduled Work 27 CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER M~AINS MARCH 2004 requiring sampling and testing and the Contractor cancels the Work for any reason whatsoever after the Laboratory personnel have departed their office for the project site, the testing laboratory shall bill the Contractor for their time and travel expenses. The failure of the County to make any tests of materials shall in no way relieve the Contractor of his responsibility of furnishing materials conforming to the Specifications. Tests, unless otherwise specified, will be made in accordance with the latest methods of the Texas Department of Transportation and the North Central Texas Council of Governments. The Contractor shall provide such facilities as the Engineer may require for the collecting and forwarding samples and shall not use the materials represented by the samples until tests have been made. The Contractor shall furnish adequate samples without charge. When requested, the Contractor shall furnish a complete written statement of the origin, composition and/or manufacturer of any or all materials that are to be used in the Work. A certificate of compliance may be required for the Work. A certificate shall be signed by the material manufacturer, the manufacturer of assembled materials or the material supplier and shall state that the materials involved comply with the Specifications. 6.3 STORAGE OF MATERIALS: Materials shall be stored as to ensure the preservation of their quality and fitness for the Work. When considered necessary by the Engineer, they shall be placed on wooden platforms or other hard, clean surfaces and not on the ground and shall be covered when so directed. Stored materials shall be so located as to facilitate prompt inspection. 6.4 CDBG FY 2002 COPPELL GOLDEN TRIA~NGLE M.H. PARK FIRE HYDRANTS & WATER MAINS DEFECTIVE MATERIALS: Ail materials not conforming to the requirements of the Specifications and/or Special Provisions shall be considered as defective, and all such materials whether in place or not shall be rejected and removed immediately from the site of the Work unless otherwise ordered by the Engineer. No rejected materials, the defects of which have been subsequently corrected, shall be used until approval has been given in writing by the Engineer. Upon failure on the part of the Contractor to forthwith comply with an order of the Engineer based on the provisions of this Article, the Engineer shall have the authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or which may become due 28 MARCH 2004 6.5 to the Contractor. CONSTRUCTION LOADS ON STRUCTURES: Construction loads on structures which will remain in service by the traveling public during or after completion of the project, for the purpose of performing construction operations, such as cranes erecting beams in adjacent spans, may be allowed if necessary. Prior to any operation which may require placement of such equipment on a bridge, the Contractor shall prepare and submit for approval detailed erection analyses, prepared by a Registered Professional Engineer. The erection analyses shall include all axle loads, tire loads, outrigger placements, center of gravity, equipment weight, and predicted loads on such tires an/or outriggers for all planned movements, swings or boom reaches. The County will make available to the Contractor any available plans and material reports for the existing structure. The analyses shall demonstrate that no overstresses will occur in excess of those normally allowed for occasional overweight loads. ITEM 7 - LEGAL RELATIONS AND RESPONSIBILITIES 7.1 LAWS TO BE OBSERVED: The Contractor shall make himself familiar with and at all times shall observe and comply with all Federal, State and local laws, ordinances, Court Orders and regulations which in any manner affect the conduct of the Work and shall indemnify and save harmless the County of Dallas and its representatives against any claim arising from the violation of any such law, ordinance, Court Order or regulation, whether by himself or by his employees. 7.2 PERMITS AND LICENSES: Except as specified in Articles 7.12, 7.13 and 7.14, the Contractor shall procure all permits and licenses, pay all fees and give all notices necessary and incidental to the due and lawful prosecution of the Work. 7.3 PATENTED DEVICES~ MATERIALS ~ PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he/she shall provide for such use by suitable agreement with the patentee or owner. The Contractor and his surety shall indemnify and save harmless the County of Dallas from any and all claims for infringement by reason of the use of any patented design, device, materials, or process, or any trademark or copyright used in connection with the Work and they 29 CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS shall indemnify the County of Dallas against any costs, expenses, or damages which it may be obliged to pay, by reason of such infringement, at any time during the prosecution or after the completion of the Work. 7.4 SA~NITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to prevent effectively the creation of a nuisance about the Work on any property either public or private, and such regulations as are required by the Engineer shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for the use of laborers on the Work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such a manner and at such points as shall be approved by the Engineer and their use shall be strictly enforced by Contractor. Ail sanitary laws and regulations of the State and local Health Departments shall be carefully observed and complied with. 7.5 PUBLIC SAFETY AND CONVENIENCE: The safety of the public and the convenience of traffic shall be regarded as of prime importance. The Contractor shall secure the Engineer's approval of his plan of operations, sequence of work, traffic control plan and methods of providing for safe passage of traffic before it is placed in operation. Unless otherwise provided on the plans or in the "Special Provisions", all portions of the existing road shall be kept open to traffic, it being the responsibility of the Contractor to provide for traffic along or across the road as well as for ingress and egress to private property. During construction of proposed structures the Contractor shall provide and maintain detours and/or temporary structures or cross-overs of adequate structural design as may be required for the safety and convenience of the traffic. If, because of rain or for other reasons, the shoulders, slopes and ditches become unsatisfactory for handling traffic, construction operations shall be suspended until the necessary repairs have been completed. Where the Plans or the "Special Provisions" require, or the Engineer directs, that traffic be carried over or along the existing roadway, construction operations shall be so prosecuted and new material so placed, spread and maintained as to allow the passage of traffic in comfort and safety. All equipment not in actual use shall be removed from the roadway and temporarily stored in such manner and at such location as not to interfere with the safe passage of traffic. 30 CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS The Contractor shall provide and maintain flagpersons at such points and for such periods of time as may be required, or as directed by the Engineer, to provide for the safety and convenience of public travel and the Contractor's personnel. Flagperson shall be English-speaking, courteous, well informed, physically and mentally able to perform their duties in safe-guarding and directing traffic and protecting the Work. When directing traffic, flagperson shall use the standard attire, flags and signals and follow the flagging procedures set forth in "Instruction to Flagmen" published by the Texas Department of Transportation. Except as otherwise provided in the "Special Provisions" or elsewhere in the Contract these provisions for directing traffic, maintenance of detours and subsequent obliteration thereof, flagmen, etc., will not be paid for directly but shall be considered as subsidiary work pertaining to the various bid items of this Contract. 7.6 BARRICADES, WARNING AND DETOUR SIGNS AND TRAFFIC HANDLING: The Contractor shall have the sole responsibility for providing, installing, moving, replacing, maintaining, cleaning and removing upon completion of Work, all barricades, warning signs, barriers, cones, lights, signals and other such type devices and of handling traffic as indicated in the Texas Manual of Uniform Traffic Control Devices or as directed by the Engineer. Ail barricades, warning signs, barriers, cones, lights, signals or other such type devices shall conform to details shown on the Plans or those indicated in the Texas Manual of Uniform Traffic Control Devices. The Contractor may provide special signs not covered by Plans to protect the travelling public against special conditions or hazards, provided, however, that such signs are approved by the Engineer. Upon completion of the Work, all barricades, warning signs, barriers, cones, lights, signals and other such type devices and evidence thereof shall be removed by the Contractor. 7.7 PROTECTION OF ADJOINING PROPERTY: The Contractor shall take proper measures to protect the adjacent or adjoining property which might be injured by any process of construction, and, in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, shall restore at his own expense the damaged property to a condition similar or equal to that existing before such injury or damage was 31 CDBG FY 2002 COPPELL MA~RCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS 7.8 7.9 7.10 done, or he shall make good such injury or damage in an acceptable manner. RESPONSIBILITY FOR DAMAGE CLAIMS: The Contractor shall indemnify and save harmless the County of Dallas, its agents and employees and the Commissioners Court from all suits, actions or claims brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding the Work by the Contractor; or from any claims or amounts arising or recovered under the "Workmen's Compensation Laws" or any other laws. The Contractor shall further so inder~nify and shall be responsible for all damages or injury to property of any character occurring during the prosecution of the Work resulting from any act, omission, neglect, or misconduct on his/her part in the manner or method of executing the Work; or from his/her failure to properly execute the Work; or from defective Work or materials. He/she shall not be released from such responsibility until all claims have been settled and suitable evidence to that effect furnished to the Commissioners Court. CONTRACTOR'S RESPONSIBILITY FOR WORK: Until the final acceptance of the project by the Engineer, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the work. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof. In case of suspension of work for any cause, the Contractor shall be responsible for the preservation of all materials. He shall provide suitable drainage of the roadway and shall erect temporary structures where required. The Contractor shall maintain the roadway in good and passable condition until final acceptance. PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of the Contract or in exercising any power or authority granted thereunder, there shall be no liability upon the Engineer or his authorized assistants, either personally or otherwise, as they are agents and representatives of the Dallas County Commissioners Court. 7.11 WORK NEAR ELECTRICAL POWER AND GAS LINES: Any operations by the Contractor which are located near any electrical power or gas lines shall be accomplished 32 CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS 7.12 using established industry and utility safety practices. The Contractor shall consult with the appropriate utility company prior to beginning any such work. Ail associated costs will be the responsibility of the Contractor. WORK IN WATERS OF THE UNITED STATES: Where it becomes necessary for the Contractor to work in waters of the United States or their adjacent wetlands as delineated by the U.S. Department of Agriculture, the County will obtain any Section 404 permits prior to commencement of construction on a project by project basis. The Contractor will be required to adhere to any agreements, mitigation plans and standard best management practices required for a permit on any project. It the Contractor makes changes in the project construction method that would result in changes of project impacts to waters of the U.S., the Contractor will be responsible for any new Section 404 permit. 7.13 WORK IN NAVIGABLE WATERS: Any operations by the Contractor relating to the placement of embankment into, or the placement or rehabilitation of structures in or over navigable waters of the U.S. as designated by the U.S. Army Corps of Engineers or the U.S. Coast Guard, is subject to regulation by these agencies. Approval will be coordinated by the County and construction should not commence until the activity is approved by the regulatory agency. The Contractor will be required to adhere to the stipulations of the permit and the associated best management practices. If the Contractor makes changes in the project construction method that would result in changes of project impacts to navigable waters of the U.S., the Contractor will be responsible for any new Section 9 permit from the U.S. Coast Guard. 7.14 WORK OVER THE RECHARGE ZONE OF PROTECTED AQUIFERS: Relating to work over the recharge zones of protected aquifers, as defined and delineated by the Texas Commission on Environmental Quality (TCEQ), the Contractor shall make every reasonable effort to minimize the degradation of water quality resulting from construction impacts. The Contractor will be required to follow best management practices and to use and maintain those sedimentation and water pollution control devices as required by the Engineer. If a Water Pollution Abatement Plan (WPAP) is required by the TCEQ, modification to the approved WPAP by the Contractor will require the Engineer's approval and be coordinated through the County with the TCEQ. 33 CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS ITEM 8 - PROSECUTION AND PROGRESS 8.1 SUBLETTING THE WORK: No portion of the Work covered by these Specifications and Contract, except the purchase and delivery of materials, may be sublet without written permission of the County Commissioners Court. The Court reserves the right to not grant permission to sublet to the various sub-contractors whose relations with the County Work on a previous project, progress and adherence to schedule and prices for extra Work have been less than as desired. If the Contractor is permitted to sublet any part of the Work to be done under this Contract he will not under any circumstances be relieved of his responsibility and contractual obligations. Ail transactions of the Engineer will be with the Contractor; sub-contractor's will be considered only in the capacity of employees or workmen, subject to the same requirements as to character and competency. The County of Dallas will not recognize any sub-contractors on the Work. When the Work is in operation, the Contractor shall at all times be present in person or represented by a qualified Superintendent. The Contractor shall perform with his own forces, work of a value of not less than 50 percent of the value of all Work embraced in the Contract. 8.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, convey or otherwise dispose of the Contract or his right, title or interest in or to the same, or any part thereof, without previous consent of the County of Dallas, expressed by resolution or court order of the Commissioners Court and concurred in by the sureties. If the Contractor does, without such previous consent, assign, transfer, convey or otherwise dispose of the Contract or his right, title or interest therein, or any part thereof to any person or persons, partnership, company, firm or corporation, or by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, attempt to dispose of the Contract or make default in or abandon said Contract, then the Contract may at the option of Dallas County Commissioners Court, be revoked and annulled, unless the sureties shall successfully complete said Contract, and any moneys due or to become due under said Contract shall be retained by Dallas County as liquidated damages and as penalty for the reason that it would be impracticable and extremely difficult to fix the actual damage. 8.3 PROSECUTION OF THE WORK: Prior to beginning construction operations, a pre-construction conference between the Contractor and the Engineer will be 34 CDBG FY 2002 COPPELL M3LRCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS conducted. The Contractor shall begin the work to be performed under the contract within 7 calendar days after the date of the authorization to begin work as shown on the work order and shall continuously prosecute same with such diligence as will enable him to complete the work within the time limit specified. He/she shall notify the Engineer at least 48 hours before beginning work and any new operation. The Contractor shall not start new operations to the detriment of work already begun. The prosecution of the work shall be conducted in such a manner as to impose minimum interference to traffic. Also, prior to beginning construction operations, the contractor shall submit to the Engineer for approval a Gantt or bar chart outlining the schedule of all planned major work activities or major phases that he intends to follow in order to complete the contract within the allotted time. A beginning date and a duration in working days shall be shown for each work activity or phase. An estimated production rate for each activity or phase shall also be shown. Material procurement, known utility relocations and other activities which may affect the completion of the project should be included with the work activities shown on the bar chart. A project status meeting will be held with the Engineer, usually weekly, after work begins. The progress of the work will be reviewed during this meeting. In the event the progress review indicates the Contractor is behind in the schedule, he will be expected to accelerate his work at his own cost until such time as his work is on schedule. The Engineer may require the Contractor to submit a revised schedule reflecting the Contractor's accelerated work effort. A Critical Path Method (CPM) schedule may be submitted in lieu of a Construction Schedule bar chart. Such schedule may use the Arrow Diagram Method (ADM) or the Precedence Diagram Method (PDM). Ail planned major work activities and sequences as well as material procurement, known utility relocations and other activities which may affect the completion of the project should be included in the bar chart schedule or CPM. The review of the progress of the work at project status meetings will be as previously outlined for bar charts. The Contractor may submit a revised bar chart or CPM schedule if, in his opinion, additional work, unforeseen conditions or delays beyond his control affect the completion of the project. The Engineer will promptly 35 CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDPJ~NTS & WATER MAINS review the new schedule and will have the right of approval. The approved revised schedule will be used to evaluate the progress of the project. The original bar or Gantt chart or CPM and any subsequent revisions must be signed by an officer of the Contractor's firm. The observance of the requirements herein is an essential part of the work to be done under the contract. No direct compensation will be allowed for fulfilling this requirement, as such work is considered subsidiary to the various bid items of the contract. 8.4 WORKMEN AND E~UIPMENT: The Contractor shall employ such superintendents, foremen and workmen as are skilled, competent, and careful. The Engineer may demand the dismissal of any person employed by the Contractor in, about or on the Work whom, in his/her opinion, does not perform his/her work in a proper and skillful manner or who is disrespectful, intemperate, disorderly or otherwise objectionable and such person shall not be employed thereon again without the written consent of the Engineer. Ail workmen shall have sufficient skill and experience to perform properly the Work assigned them. The Contractor shall furnish such equipment and construction forces as is considered necessary for the prosecution of the Work in an acceptable manner and at a satisfactory rate of progress. Ail equipment, tools and machinery used for handling materials and executing any part of the Work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory working condition. A failure to comply with these requirements may cause the Engineer to withhold all estimates which have or may become due and the Engineer may suspend the Work until his requests are complied with. 8.5 LABOR PREFERENCE: The Contractor shall give preference to all labor hired for the project in the following order: (1) To bona fide residents of the County of Dallas, Texas. (2) To bona fide residents of the State of Texas. (3) To bona fide residents of the United States. Provided that these preferences shall apply only when such qualified labor is available to perform work to which the employment relates. 8.6 EXTENSION OF TIME OF COMPLETION: The Contractor shall be entitled to an extension of time as provided herein 36 CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS only when claim for such extension is submitted to the Dallas County Commissioners Court in writing by the Contractor within seven days from and after the time when an alleged cause of delay shall occur, and then only when such claim is approved by the Commissioners Court. In adjusting the Contract time for the completion of the project, unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to inability to obtain supplies and materials, acts of God, or the public enemy, acts of the owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather conditions and/or delays of sub-contractors due to such causes, shall be taken into consideration. If the satisfactory execution and completion of the Contract should require work and materials in greater amounts or quantities than those set forth in the Contract, then the Contract time shall automatically be increased in the same proportion as the cost of the additional work bears to the cost of the original Work contracted for. No allowances will be made for delays or suspension of the prosecution of the Work due to the fault of the Contractor. 8.7 FAILURE TO COMPLETE ON TIME: The time of completion is the essence of the Contract. For each working day that any Work shall remain uncompleted after the time specified in the Proposal and the Contract, or the increased time granted by the Commissioners Court or as automatically increased by additional Work or materials ordered after the Contract is signed, the sum per day given in the following schedule, unless otherwise specified in the "Special Provisions," will be deducted from the moneys due the Contractor. Amount of Contract Amount of Liquidated Damages Less than $ 25,000 00 to 50,000 00 to 100,000 00 to 500,000 O0 to 1,000,000 00 to 2,000,000 00 to 5,000,000 00 to 7,500,000.00 to More than $ 25,000.00 $ 65. 50,000.00 105. 100,000.00 155. 500,000.00 210 1,000,000.00 350 2,000,000.00 500 5,000,000.00 850 7,500,000.00 1050 10,000,000.00 1750 10,000,000.00 2500 00 / day O0 / day 00 / day 00 / day 00 / day 00 / day 00 / day 00 / day 00 / day 00 / day The sum of money thus deducted for such delay, failure or non-completion is not to be considered as a penalty but shall be deemed, taken and treated as reasonable 37 CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS liquidated damages since it would be impractical and extremely difficult to fix the actual damages. 8.8 TEMPORARY SUSPENSIONS: The Engineer shall have the authority to suspend the Work wholly or in part for such period or periods as he may deem necessary due to unsuitable weather conditions as are considered unfavorable for the suitable prosecution of the Work or to failure on the part of the Contractor to correct conditions unsafe for workmen or the general public. If it should become necessary to stop Work for an indefinite period of time, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way and he shall take every precaution to prevent damage or deterioration of the Work performed; he shall provide suitable drainage about the Work and erect temporary structures where necessary. The Contractor shall not suspend Work without written authority from the Engineer and shall proceed with the Work promptly when notified by the Engineer to resume operations. 8.9 SUSPENSION OF WORK AND ANNUI24ENT OF CONTRACT: The Work under Contract, or any portion thereof, shall be suspended immediately on written order of the Engineer or the Commissioners Court, a copy of such order to be served on the Contractor's sureties, or the Contract may be annulled by the Commissioners Court for any good cause or causes, among which special reference is made to the following: (a) Failure of the Contractor to start within seven (7) days from the date of written notice by the Engineer to begin work. (b) Substantial evidence that the progress of work being made by the Contractor is insufficient to complete the Work within the specified time. (c) Notice by Contractor of filing a claim or intent to file a claim. (d) Failure of the Contractor to provide sufficient and proper equipment or construction forces for properly executing the Work. (e) Substantial evidence that the Contractor has abandoned the Work. (f} Substantial evidence that the Contractor has become insolvent or bankrupt or otherwise financially 38 CDBG FY 2002 COPPELL M3LRCH 2004 GOLDEN TRI;LNGLE M.H. PARK FIRE HYDRANTS & WATER MAINS unable to carry on the Work. (g) Deliberate failure on the part of the Contractor to observe any requirements of these Specifications or to comply with any orders given by the Engineer as provided for in these Specifications. (h) Failure of the Contractor to promptly make good any defects in materials or workmanship or any defects of any nature, the correction of which has been directed in writing by the Engineer. (i) Substantial evidence of collusion for the purpose of illegally procuring a Contract or perpetrating a fraud on the Commissioners Court in the construction of Work under Contract. When the Work is suspended for any of the causes itemized above, or for any other cause or causes, the Contractor shall discontinue the Work or such part thereof which the Engineer shall designate, or that portion thereof which the Engineer has ordered the Contractor to discontinue, and may perform the same or may, with written consent of the Commissioners Court, sublet the same provided, however, that the sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the Work has been served upon the Contractor and upon the sureties or their authorized agents. The sureties in such event shall assume the Contractor's place in all respects and shall be paid by the County for all Work performed by them in accordance with the terms of the Contract. All monies remaining due the Contractor at the time of his default shall thereupon become due and payable to the sureties as the Work progresses, subject to all the terms of the Contract. In case the sureties do not, within the hereinabove specified time, exercise their right and option to assume the Contract or that portion thereof which the Engineer has ordered the Contractor to discontinue, then the Commissioners Court shall have the power to complete by contract or otherwise, as it may determine, the Work herein described or such part thereof as it may deem necessary, and the Contractor hereto agrees that the Engineer, acting under authority of the Commissioners Court, shall have the right to take possession of or use any or all or the materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purpose of his Work and to procure other tools, equipment, and materials for the same, and to charge the account of the Contractor the expense of said Contract or labor, materials, tools, equipment and expenses incident thereto. The expense so 39 CDBG FY 2002 COPPELL MJkRCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDR/kNTS & WATER MJ~INS 8.10 8.11 charged shall be deducted by the Commissioners Court out of such monies as may be due or may at any time thereafter become due the Contractor under and by virtue of the Contract or any part thereof. The Commissioners Court shall not be required to obtain the lowest bid for the Work of completing the Contract, but the expenses to be deducted shall be the actual cost of such Work. In case such expense is less than the sum which would have been payable under the Contract, if the same had been completed by the Contractor, then in such case the Commissioners Court will pay to the Contractor the difference in the cost, provided that the Contractor shall not be entitled to any claim for damages or for loss of anticipated profits. In case such expense shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contractor, then the Contractor and his/her sureties shall pay the amount of the excess to the County of Dallas on notice of the Commissioners Court for excess due. When any particular part of the Work is being carried on by the Commissioners Court by Contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the Work in conformity with the terms of the Contract, and in such manner as not to hinder or interfere with the performance of workpersons as above provided by the Commissioners Court. MAINTENANCE PROVISIONS FULFILI24ENT: Prior to the expiration of any specified maintenance period provided for in the Contract, the Engineer will make a detailed inspection of the project and will advise the Contractor and his/her surety of the items that require correction. The Engineer will make a subsequent inspection and if the corrections have been properly performed, the Engineer will issue a letter of release on the maintenance stipulations to the Contractor and his surety. If for any reason the Contractor has not made the required corrections before the expiration of the maintenance period, the maintenance stipulations as provided for in the Contract shall remain in effect until the corrections have been properly performed and a letter of release issued. TERMINATION OF CONTRACT: The Contract will be considered fulfilled, save as provided in any maintenance stipulations, Bond, or by law, when all the Work has been completed, the final inspection made by the Engineer and final acceptance and final payment made by the Commissioners Court. 40 CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS MTkRCH 2004 8.12 WAGE DECISIONS AND HUD REQUIREMENTS: See Special Provisions To The Governing Specifications for Wage Decisions and HUD Requirements. ITEM 9 - MEASUREMENT AND PAYMENT 9.1 MEASUREMENT OF QUANTITIES: Ail Work completed under the Contract will be measured by the Engineer according to United States Standard Measures unless otherwise specified. Measurement for each item of construction contained in the Proposal and included in the Contract shall conform to the requirements of the Specifications for each item as provided herein. Ail materials which are specified for measurement by the cubic yard in vehicles shall be hauled in approved vehicles and measured therein at the point of delivery on the roadway. Vehicles for this purpose may be of any type or size satisfactory to the Engineer provided that the body is of such type that the actual contents may be quickly and accurately determined. Each approved vehicle must display the Engineer's approval and plainly legible number. The Inspector may reject all loads not hauled in such approved vehicles. In those items which provide for payment by "Plan Quantity," the calculations used to determine such quantities shall be made by standard methods of calculation, using the methods described in the governing specification, and may or may not represent the exact quantity of material moved, handled or placed in the roadway or structure during the execution of the contract. The quantities shown on the plans, adjusted in accordance with the governing specification when required, will be the quantity for which payment will be made. 9.2 SCOPE OF PAYMENT: The Contractor shall accept the compensation as provided in the Contract in full payment for furnishing all materials, supplies, labor, tools and equipment necessary to complete the Work provided under the Contract; for any loss or damage which might arise from the nature of the Work, from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the Work, until the final acceptance by the Engineer, except where there is conclusive evidence that such damage is due to inadequate design and not to improper prosecution of the Work, for all risks of every description connected with the prosecution of the Work; for all expenses and damages which might accrue to the Contractor by reason of delay in the initiation and prosecution of the Work 41 CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS 9.3 for any cause whatsoever; for any infringement of patents, trademark, or copyright; and for completing the Work according to the Plans and Specifications. The payment of any current or partial estimate shall in no way affect the obligation of the Contractor at his/her own cost to repair or renew any defective parts of the construction or to replace any defective materials used in the construction and be responsible for all damages due to such defects if such defects or damages are discovered on or before the final inspection and acceptance of the Work or before the termination of the maintenance provisions. PAYMENT FOR EXTRA WORK: The extra work done by the Contractor and authorized and approved by the Engineer will be paid for in the manner hereinafter described and the compensation thus provided shall be accepted by the Contractor as payment in full for all labor, materials, tools, equipment and incidentals and all superintendent's and time-keepers' services, insurance, bond and all other overhead expense incurred in the prosecution of the extra work. Payment for extra work will be made by one of the following methods: (a) Method "A" - By unit prices agreed on in writing by the Engineer and Contractor and approved by the Commissioners Court before said extra work is commenced, subject to all other conditions of the Contract. (b) Method "B" - By lump sum price agreed on in writing by the Engineer and Contractor and approved by the Commissioners Court before, said extra work is commenced, subject to all other conditions of the Contract. (c) Method "C" By actual field cost of the work plus fifteen (15) percent as described herein below, agreed on in writing by the Engineer and Contractor and approved by the Commissioners Court before said extra work is commenced, subject to all other conditions of the Contract. In event the extra work is to be performed and paid for under Method "C", the actual field cost of the Work will include the wages of all workers, forepersons, timekeepers, mechanics and laborers, the cost of materials, supplies, teams, trucks, rentals on machinery and equipment for only the time actually employed or used on such extra work, plus all power, fuel, lubricants, water and similar operating expenses and ratable portion of premiums on construction and CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. 42 PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 9.4 maintenance bonds, public liability and workmen's compensation and all other insurance required by law or ordinances. The Engineer will direct the form in which the account of actual field cost will be kept and will specify in writing the method of doing Work, and the type and kind of machinery and equipment to be used. The fifteen (15) percent of the actual field cost to be paid the Contractor shall cover and compensate him for profit, overhead, general superintendence, field office expense and all other elements and cost and expense not embraced within the actual field cost as herein specified. The Contractor shall give the Engineer access to all accounts, bills and vouchers relating thereto. MONTHLY ESTIMATE ~ PA=RTIAL PAYMENTS: Between the 25th day and the last day of each month, the Contractor will submit to the Engineer an approximate estimate of the value of the Work done under these Specifications during the month. Whenever the estimate of Work done since the last previous estimate exceeds one thousand dollars $1,000.00) in amount, a percentage of such estimated sum will be paid the Contractor. The monthly estimate may include 80% of the value of acceptable non-perishable materials delivered to the project site. The Contractor shall furnish a paid invoice to the County on all materials on hand. The paid invoice shall contain a statement signed by the Contractor indicating that payment for materials shown on the invoice has been made. The County of Dallas will retain fifteen (15) percent on all contracts of $200,000.00 and less, ten (10) percent on contracts less than $400,000.00 and five {5) percent on contracts of $400,000.00 and over. When the project is 95 percent complete and Work is progressing satisfactorily and on schedule, the Contractor may apply for a reduction in the amount retained. The request for a reduction in the amount retained is subject to the approval of the Engineer. In no case shall the amount retained be less than 10 percent of the Work remaining at the time of the request. Said amount retained will not be paid until final acceptance of the project. The Contractor shall furnish to the Engineer such detailed information as may be requested to assist in the verification of monthly estimates. It is understood that monthly estimates will be approximate only and that all monthly estimates and partial payments in which errors may occur will be automatically corrected in the succeeding estimate and partial payment. Such estimates shall not in any respect be taken as a certification of the amount of Work done or of its quality or sufficiency or as an acceptance of Work nor, in any way, release the 43 CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER ~UIINS 9.5 Contractor from any responsibility of the Contract. WITHHOLDING PAYMENTS: Payments of estimates may be withheld if the Work is not being executed in accordance with the Specifications and Contract, including Article 8.4. 9.6 FINAL ACCEPTANCE: Whenever the Work provided for by the Contract shall have been fully performed by the Contractor he shall notify the Engineer that the project is ready for final inspection. The Engineer will make such inspection and if the Work is satisfactory and in accordance with the Plans, Specifications and Contract will issue a Letter of Acceptance to the Contractor. 9.7 FINAL PAYMENT: Whenever the improvements provided for by the Contract shall have been completed by the Contractor as evidenced by the Engineer's Letter of Acceptance, a final estimate showing the itemized value of the Work will be prepared by the Engineer as soon as the necessary measurements and computations can be made. Ail prior estimates upon which payments have been made are subject to corrections or revisions in the final payment. The amount of the final estimate, less any sums that have been previously paid, deducted or retained under the provisions of the Contract, will be paid the Contractor within thirty (30) days after the final acceptance provided the Contractor has furnished the Commissioners Court satisfactory evidence that all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the prosecution of the Work have been paid or satisfactory evidence the persons to whom money may respectively be due for any of the above have consented to such final payment. The acceptance by the Contractor of the final payment shall operate as and be a release to the County of Dallas from all claims or liabilities under the Contract. 9.8 PLANS QUANTITY MEASUREMENT: When plans quantity measurement is specified for an item, adjustment of quantities will be made by the following: If the quantities measured as outlined under ~Measurement" vary from those shown in the proposal by more than 5 % (or as stipulated under the measurement article for the Item), either party to the contract may request, in writing, an adjustment of the quantities by each separate bid item, except that when stated in the particular item, the adjustment will be made based upon a designated element shown in the Item. The party to the contract which requests the adjustment shall 44 CDBG FY 2002 COPPELL GOLDEN TRITkNGLE M.H. PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 present, to the other, one copy of field measurements and calculations showing the revised quantities in question. These revised quantities, when approved by the Engineer, together with all other quantities under the same bid item, shall constitute the final quantity for which payment will be made. When quantities are revised by a change in design, the "Plan Quantity" will be increased or decreased by the amount involved in the design change. Payment for revised quantities will be paid for at the unit price bid for that item, except as provided for in Article 4.4 45 CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 INDEX OF GOVERNING STANDARD SPECIFICATIONS, SPECIAL PROVISIONS, AND SPECIAL SPECIFICATIONS DEPARTMENT OF PUBLIC WORKS DALLAS COUNTY, TEXAS INDEX OF GOVERNING STANDARD SPECIFICATIONS FOR THE CONSTRUCTION OF CDBG FY 2002 COPPELL FIRE HYDRANTS & WATER MAINS REMOVAL AND PAVING STANDARD SPECIFICATIONS: Ail removal and paving construction works for this project shall be performed in accordance with the Third Edition, 1998, of the North Central Texas Council of Governments (NCTCOG) Standard Specifications for Public Works Construction, and the latest edition of the City of Coppell Standard Construction Details, and County of Dallas Special Provisions to the Standard Specifications, and Special Specifications. SPECIAL PROVISIONS: The following Special Provisions shall govern and take precedence over the Specifications listed above, whenever in conflict therewith: Special Provision - Special Provision - Special Provision - Special Provision - Special Provision - Special ProvIsion - Special ProvIsion - Special Provmslon - Special Provision - Important Notice to Contractors - Equal Employment Opportunity Important Notice to Contractors - Minority/Women Owned Business Involvement Policy Important Notice to Contractors Texas State Sales Tax Important Notice to Contractors - Gifts Important Notice to Contractors - Construction Payments Important Notice to Contractors Uncontrolled Random Cracking Important Notice to Contractors - Workers Compensation Regulations Important Notice to Contractors - Submitting Bid Proposal by Computer Printout Wage Decisions and HUD Requirements SPECIA~L SPECIFICATIONS: The following Dallas County Public Works Department Special Specifications are applicable to this project: Item 7000 - PARTNERING Item 8000 - GUIDANCE FOR DOCUMENTING CONTRACTOR PERFORMANCE EVALUATIONS Item 9000 - CITY OF COPPELL WATER UTILITIES PRE-CONSTRUCTION PACKET ( Not a pay item. Work which would be classifiable under these specifications is subsidiary to other work for which pay items are provided. Whether or not listed, any of the Standard Specifications which are pertinent to work performed on this project are applicable and shall be observed. DALLAS COUNTY, TEXAS SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age or national origin. The Contractor shall take affirmative action to insure that applicants are employed, that employees are treated during employment without regard to their race, color, sex, religion, age or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, ratios of pay or other forms of compensation; and selection for training, including apprenticeship, except that illegal-aliens shall not be employed in this project. The Contractor shall post in conspicuous places, available to employees or applicants for employment, notices to be provided setting for the provisions of this non-discrimination clause. The Contractor shall, in all solicitations or advertisements for employees place by or on behalf of the Contractor, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, national origin or age. The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or worker's representatives of the Contractor's commitments under this Section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor shall include the provisions of this special provision in all subcontracts pertaining to the work. During the course of the work, the Contractor shall submit to the Engineer, on a monthly basis, a breakdown by ethnic group of all employees, including sub-contractor's employees, at the site of the work. The Contractor shall certify that no illegal aliens are employed on the project. CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS DALLAS COUNTY, TEXAS SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS MINORITY/WOMEN OWNED BUSINESS INVOLVEMENT POLICY It is the policy of Dallas County to involve qualified minority/women-owned businesses and/or employees to the greatest extent feasible in the performance of contracts awarded by Dallas County in support of the Minority/Women-Owned Business Involvement Policy adopted by the County on August 25, 1986, and any amendments thereto. The Contractor shall comply with the following requirements of the policy: 1. Prospective Contractor shall submit prior to award of contract: (a) A completed copy of the Dallas County Statistical Report for the company and for each proposed and actual sub- contractor who shall be doing 20-percent or more of the contract amount. (b) The name, address, and telephone numbers of proposed and actual sub-contractors, trade, minority/women ownership status, and estimated dollar amount of each actual subcontract, and (c) The successful Contractor will show documented evidence of a "Good Faith Effort" in soliciting and securing minority/women-owned business involvement for all subcontract and supply activities. The "Good Faith Effort Plan", Attachment "B" of the Policy, shall be a guide in determining documentation solicitation and utilization of qualified minority/women-owned businesses, employees, etc., and (d) Documented evidence of previous use of on similar projects with dollar amounts of total contract. sub-contractors and percentages 2. Dallas County shall be notified proposed to actual, as they pertain to for said changes. of sub-contractor changes, t(b) above and the reasons CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS DALLAS COUNTY, TEXAS SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS TEXAS STATE SALES TAX The Contractor's attention is directed to the fact that the Texas Limited Sales, Excise and Use Tax Statue, Chapter 20, Title t22A has been amended, effective October 2, 1968. This statute was further affected by House Bill 11 (HB-11) passed by the Texas State Legislature in 1991 and recent interpretations of this bill by the Texas State Comptroller. The Contractor will furnish a "Resale Certificate" to the supplier or vendor from which he acquires the materials which are incorporated into the project. Dallas County is a tax-exempt agency in accordance with the above-cited statutes and as the final purchaser of the materials incorporated into the project will provide an exemption certificate to the Contractor for those materials. CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 DALLAS COUNTY, TEXAS SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS GIFTS The Contractor's specific attention is directed to Title 8, Articles 36.08 and 36.09, Texas Penal Code, titled "Gifts to Public Servant by Persons Subject to his Jurisdiction" and "Offering Gifts to Public Servant". Article 36.08 states that any public servant who solicits, accepts, or agrees to accept any benefit from a Contractor has committed an offense punishable as a Class A misdemeanor. Article 36.09 states that any Contractor who offers, confers, or agrees to confer any benefit on a public servant has committed an offense punishable as a Class A misdemeanor. CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIA/qGLE M.H. PARK FIRE HYDRANTS & WATER MAINS DALLAS COUNTY, TEXAS SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS CONSTRUCTION PAYMENTS Dallas County's policy for periodic construction payments as follows: shall be Dallas County construction funds shall be disbursed to Dallas County Contractors in time intervals of not less than 30 days, consistent with time frames which meet the requirements of the State Timely Payment Act. Construction contracts, without exception, shall include an estimated Draw Down Schedule, outlining expected payments which shall be made no sooner than completion of contracted work, subject to weather, materials availability and the normal review and certification of specified Dallas County officials and outside consultants and authorities, as may be required. Contractors shall provide Dallas County with an updated Draw Down Schedule on a quarterly basis. CDBG FY 2002 COPPELL GOLDEN TRIA/qGLE M.H. PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 DALLAS COUNTY, TEXAS SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS UNCONTROLLED RANDOM CRACKING The Contractor's attention is directed to Item 360, CONCRETE PAVEMENT, Article 360.9 Joints. It is the Contractor's responsibility to promptly and correctly saw the weakened plane joints to prevent uncontrolled cracking of pavement from occurring. The requirements for sawed joints applies equally to Item 360, Concrete Pavement; Item 530, Concrete Curb, Gutter, Curb and Gutter, Sidewalks and Driveways and Item 534, Concrete for Structure Approach Slabs. To prevent uncontrolled cracking, longitudinal joint spacing should not exceed fifteen feet. Transverse joint spacing should not exceed twenty feet. Concrete pavement joint sawing should commence as soon as the pavement has hardened sufficiently to support the saw and operator without scarring and the sawing operation does not pull out aggregate. This will assist in preventing random cracks. The Specifications require sawing at approximately 60-foot intervals as soon as sawing can be accomplished without damage to the pavement and before 24 hours after the concrete has been placed. The intervening joints would then be sawed. Ail sawing must be completed within 24-hours to prevent uncontrolled cracking. Where there is considerable difference between day temperatures and night temperatures, cracking is more likely to occur. Therefore, the Contractor is cautioned to proceed with sawing as quickly as possible after placing and commensurate without causing damage to the pavement. Delaying sawing until the next day or to near the end of the 24-hour period is likely to result in uncontrolled cracking. Concrete which has uncontrolled cracking is considered deficient workmanship and unacceptable Work under the terms of the Contract Documents. Such cracks shall be repaired according to the Plans or as directed by the Engineer at the entire expense of the Contractor. Surface cracks shall be routed to the depth and width specified and shall be sealed with joint sealing material, Class 3 as specified in Item 433 or Type V as specified in Item 5699 as directed by the Engineer in writing. CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS Uncontrolled cracks which extend completely through the concrete section are considered failed pavement. Sections must be removed and replaced in accordance with details in the Plans or as directed by the Engineer. Such failed pavement will not be accepted for payment until repaired. Necessary repairs shall be made at the Contractor's entire expense. CDBG FY 2002 COPPELL GOLDEN TRIA/~GLE M.H. PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 DALLAS COUNTY, TEXAS SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS WORKERS CO~R~ENSATIONREGLrLATIONS The Contractor's attention is directed to Texas Workers' Compensation Commission Rule 110.110. The contractor and Dallas County shall comply with all aspects of said rule including the posting of "Required Workers' Compensation Coverage" notice and "Texas Workers' Compensation commission 406.121-127 of the Texas Workers' Compensation act, Texas Labor Code, Forms TWCC-81 and 85." Sample forms are included in the contract documents. CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 TEXAS WORKERS' COMPENSATION COS~4ISSION SOUTHFIELD BUILDING, 4000 SOUTH IH-35, AUSTIN, TEXAS 78704 406.121 - 127 of the Texas Worker's Corflpensation Act, Texas Labor Code FORMS TWCC - 81 AND 85 (4 PAGES - HARD COPY) CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS MARCH 2004 TEXAS WORKERS' COMPENSATION COMMISSION Southfield Building, 4000 South IH-35 Austin, Texas 78704 If you are not certain whether all parties meet the requirements for entering into this agreement, you may wish to consult an attorney. AGREEMENT BETWEEN GENERAL CONTRACTOR AND SUBCONTRACTOR TO PROVIDE WORKERS' COMPENSATION DtSURANCE Notice of Agxeement The undersigned General Contractor and the ~ndersigned Subcontractor hereby agree that the General Contractor [] will withhold[--] will not withhold the cost of workers' compensation insurance coverage from thc Subcontxactor's contract price and that, for the purpose of providing workers' compensation insurance coverage, thc General Contractor will be the employer of the Subcontractor and the Subcontrantor's employees. This agreement makes the General Contractor the employer of the Subcontractor and the Subcontractor's employees only for the pm2~ses of workers' compensation laws of Texas and for no other purpose. TERM (DATES) OF AGREEMENT: FROM: TO: LOCATION OF EACH AFFECTED JOB SITE (OR STATE WHETHER TH'iS IS A BLANKET AGREEMENT): ESTIMATED NUMBER OF EMPLOYEES AFFECTED: THIS AGREEMENT SHALL TAKE EFFECT NO SOONER THAN THE DATE IT IS SIGNED. General Contractor's Affirmation If the General Contractor's workers' compensation carrier change~ during the effective period of coverage, it is ~dvisable for the General Contractor to l'de this form with the new insurance carrier. Federal Tax I.D. Number Signature of General Contractor Date Address (Street) Address (City, State, Zip) Printed Nme of General Contractor Subcontractor's Affirmation Federal Tax I.D. Number Signarttre of Subcontractor Date Address (Street) Address (City, State, Zip) Printed Name of Subcontractor Four copies of this form must be completed: This agreement must be filed by the General Contractor with both the Texas Worker~' Compensation Commission and the workers' compensation insurance carrier of the GeneraI Contractor within 10 days of the date of execution. The original must be filed with the Commlqsion. The agreement must be fded by pERSONAL DELIVERY OR REGISTERED OR CERTII:IED MAIL. Failure to file this agreement may result in a fine of up to $5,000. Both the General Contractor and the Subcontractor must also retain a copy of the agreement. Rule 112,101 TWCC-B1 (Rev. 5/95) TEXAS WORKERS' COMPENSATION COMMISSION Southfield Building, 4000 South IH-35 Austin, Texas 78704 If you are not certain whether all parties meet the requkements for entering into this agreement, you may wish to consult an attorney. Texas Workers' Compensation Act, Texas Labor Code, Section 406.121(2) defines 'independent contractor' as follows: (1) "iadependem contractor' means a person who contracts to perform work or provide a service for the benefit of another and who ordinarily: (A) acts as the employer of any employee of the contractor by paying wages, directing activities, and performing other similar functions characteristic of an employer-employee relationskip; (B) is free to determine the manner ia wbicb the work or service is performed, including the hours of labor of or method of payment to any employee; (C) is required to furnish or have ~ employees, if any, furnish necessary tools, supplies, or materials to perform the work or service; and (D) possesses the s 'kills required for the specific work or service. AGREEMENT BETWEEN GENERAL CONTRACTOR AND SUBCONTRACTOR TO ESTABLISH INDEPENDENT RELATIONSHIP Notice of Agreement The undersigned General Contractor and the undersigned Subcontractor hereby declare that: (A) the Subcontractor meets the qualifications of an Independent Contractor under Texas Workers' Comper~sation Act, Texa~ Labor Code, Section 406.121; (B) the Suboontxactor is operating as an independent contractor as that term is defined under seition 406.121 of the Act; (C) the Subcontractor assumes the respomibilities of an employer for the performance of work; and (D) the Subcontractor and the Suboontractor's employees are not employees of the General Contractor for purposes of the Act. TERM (DATES) OF AGREEMENT: FROM: TO: Name of General Contractor LOCATION OF EACH AFFECTED JOB SITE (OR STATE WHETHER THIS IS A BLANKET AGREEMENT): Name of Subcontractor Estimated number of employees affected: THIS AG1LEEMENT SHALL TAKE EFFECT NO SOONER THAN THE DATE IT I$ SIGNED. General Contractor's Affirmation If the General Contractor's workers' compensation carrier changes during the effective period of coverage, it is advisable for the General Contractor to File this form with the x~ew insurance carrier. Federal Tax I. D. Number Date Ad.ess (Street) Address (City, State, Zip) Subcontractor's Affirmation Federal Tax I. D. Number Date Address (Street) Printed Name of Subcontractor Address (City, State, Zip) Three copies of this form must be completed: This agreement must be filed by the Genera Contrac or w~th the workers compensation insurance carrier of the General Contractor within 10 days of the date of execution. The original mu~t be filed with the insurance carrier by PERSONAL DELIVERY OR REGISTERED OR CERTIFIED MA~L. Both the General Contractor and the Subcontractor must also retain a copy of the agreement. Rule 112.101 TWCC-85 (Rev. 5/95) DALLAS COUNTY, TEXAS SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS SUB~4ITTING BID PROPOSAL BY COMPUTER PRINTOUT Bidders, at their option, in lieu of hand writing in the unit prices in words in ink in the proposal, may submit an original computer printout sheet bearing certification by and signature for the bidding firm. The unit prices shown on acceptable printouts will be the unit prices used to tabulate the bid and used in the contract if awarded by Dallas County Commissioners Court. As a minimum, computer printouts must contain the information and in the arrangement shown on the "Example of Bid Prices Submitted by Computer Printout" form in the proposal. Proposals with unit prices by computer printout will not be read if: 1. The proposal does not bear the certification verbatim, shown on the example in the proposal. 2. The computer printout is not signed in the name of the firm to whom the proposal was issued. 3. The computer printout omits required bid items or includes items not shown in the proposal. 4. The proposal issued by Dallas County Public Works Department is not full executed as provided above. as If the proposal submitted by the bidder contains both the form furnished by Dallas County Public Works Department, completed according to the instructions, and also a computer printout, completed according to instructions, only one will be considered. In this situation, the unit bid prices shown on the computer printout will be used to determine the bid. CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER ~LAINS MARCH 2004 O0 SPECIAL PROVISIONS TO TI~E GOVERNING SPECIFICATIONS WAGE DECISIONS HUD REQUIREMENTS Dallas County CDBG Contact Rachel Brown Community Development Assistant 214-653-6359 NOTE: Any modifications to Federal Wage Requirements published in the Federal Register ten (10) days or longer before the start of construction are considered operative for the purposes of any contract by Dallas County under the provisions of the Housing and Community Development Act of 1974. pREVAILING RATE AS PROVIDED FOR IN THE DAVIS-BACON REGULATIONS Section 1.2 DEFINITION (a) (c) (d) (0 The "prevailing wage" shall be the wage paid to the majority (more thar~ 50 percent) of the laborers or mechanics in the classification on similar projects in the area during the period in question. If the same wage is not paid to a majority of those employed in the classification, the "prevailing wage" shall be the average of the wages paid. weighted by the total employed in the classification. The "laborer" or "mechanic" shall be'. those individuals whose duties are 'manual or physical in nature, including workers who are performing the work of a trade (e.g., electrician). The "apprentice" shall be a person employed and individually registered in a bona fide apprenticeship program, including step-up apprenticeship programs designed for Davis- Bacon construction work. The "trainee" shall be a person registered and receiving on-the-job training in a construction occupation pursuant to a training program approved in advance by the Bureau of Apprenticeship and Training (BAT). "Wages" shall be the basic hourly rate of pay plu~. any contribution irrevocably made by a contractor or subcontractor (employer) to a bona fide fringe benefit fund, plan or program. ,'Fringe Benefits" includes medical or hospital care, pensions on retirement or death. compensation for injuries or illness resulting from occupational activity or insurance to provide any of the above, unemployment benefits, life insurance, vacation or holiday pay, defraying costs of apprenticeship or similar programs; or other bona fide fringe benefits. DAVIS-BACON STATUTORY PROVISIONS. Davis-Bacon Act (40 U.S.C.276a - 276a-5). The Davis-Bacon Act (DBA) provides that' contracts in excess of $2,000 to which the United States is party for the construction, alteration, and/or repair, including painting and decorating, or public buildings or public works which involve the employment of laborers and/or mechanics, shall contain provisions with respect to minimum wages, fringe benefits, payments without deductions or rebates, withholding funds fi.om contractors to ensure compliance with the wage provisions, and termination of the contract or debarment for failure to adhere to the required provisions. Copeland Act (Anti-Kickback Act) (40 U.S.C.276c). The Copeland Act makes it a criminal offense for any person to induce, by any manner whatsoever, any person employed in the construction, prosecution, completion, or repair of any public building, public work, or building or work financed in whole or in part by loans or grants fi.om the United States, to give up any part of the compensation to which he is entitled under his contract of employment. The Act also provides for the submission of weekly statements of compliance and weekly payrolls by all contractors in a format which meets the requirements Of contractors in a format which meets the requirements of 29 CFR Section 5.5. (See Exhibits 5 and 6 in the Appendix.) The Copeland Act applies to both contractors and subcontractors. Department of Labor Regulation 29 CFR Section 3.3(c), which implements the Act, indicates that the payroll statement requirements do not apply ko any contract of $2,000 or less. REGULATORY PROVISIONS HUD Public Housing Agencies, Indian Housing Authorities, Local and State Housing and Community Development Agencies and Co-insuring Lenders which are responsible for the performance of labor standards administration and enforcement activities delegated by HUD use the regulations promulgated by the Secretary of Labor and contained in Title 29 of the Code of Federal Regulations (CFR) Parts 1, 3, 5, and 7. HUD has delegated certain day-to-day enforcement responsibilities to Public Housing Agencies~ Indian Housing Authorities. Local and State Housing and Community Development Agencies and Co-insuring Lenders, which directly administer HUD-assisted programs. The County/Contractor will comply with Davis-Bacon regulations. At a minimum the County/Contractor shall: a) Complete and submit to HUD the "Start Work Notice" (Exhibit A). This form should be submitted in duplicate to: b) c) d) e) f) U.S. Deparhuent of Housing & Urban Development Office of Labor Relations, 6ASL P.O. Box 2905 Fort Worth, Texas 76113-2905 ATUN: Nancy Oakley Pay all laborers and mechanics employed or working on the site of the work unconditionally and not less often than once a week the full amount of wages and bona fide fringe benefits computed at rotes not less than those contained in wage determination. Post at the job site. "Notice to all Employee" notice. This should be posted at locations where it is accessible and easily seen and read by workers. (Exhibit B) Post the wage determination at the job site in a prominent and accessible place where they can be easily seen and read by workers. Make available, to County Davis-Bacon staff, those employees working on the project for employee interviews. Require employees to complete a "Payroll Deduction Authorization" form for deductions other than income tax and social security deduction. Submit weekly payroll journals: that are complete and accurate to Dallas County Davis-Bacon staff. (Exhibit C) 2 g) h) i) Ensure all lower-tier subcontractors and subcontractors submit their weekly payroll journals to the prime contractor who will submit it to Dallas County Davis-Bacon staff. Ensure that all payroll journals are numbered sequentially beginning with 1, and the final journal marked "Final". Submit weekly payroll journals to Dallas County Davis-Bacon staff no later than seven (7) work days following completion of the work week. Both the front and back of the form should be completed. J) k) At the completion oftbejob, the Contractor shall submit with its final payroll journal the "Termination of Work Notice" to the HUD address stated on the "Start Work Notice". Request additional labor classifications, if needed, by contacting Dallas Cot~nty Davis- Bacon staff. Require employees to complete a "Payroll Deduction Authorization" form for deductions other than income tax and social security deductions. RESPONSIBILITY OF THE PRIME CONTRACTOR The principal contractor or prime contractor is responsible for the full compliance of all employers (contractor, subcontractors and any lower'tier subcontractors) with the labor standard provisions applicable to the project. In addition to submitting the "Start Work Notice" and "Termination of Work" to HUD, the contractor should also submit a copy of these reports to: Dallas County Commissioners Court 411 Elm Street, 3rd Floor Dallas, Texas 75202 ATTN: Rachel Brown FORCE ACCOUNT Under most Davis-Bacon statutes, only employees of contractors or subcontractors are subject to Davis-Bacon wage' requirements. In some instances, rather than contracting or subcontracting out construction work, a grant recipient performs the construction in- house, with its own force account employees. Such force account work is not subject to Davis-Bacon wage requirements under statutes that cover only employees of contractors or subcontractors- Those cities using their own employees are not subject to Davis-Bacon requirements. However, the "Start of Work Notice" must be completed with the wording clearly marked on this notice 'Force Account'. 4 COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS LABOR STANDARDS AND WAGE DESICION CERTIFICATION NOTICE TO ALL EMPLOYEES Working on Federal or Federally MINIMUM WAGES You must be paid not less than the wage rote in the schedule posted with rids Notice for the kind of work you perform. OVERTIME APPRENTICES PROPER PAY You must be paid not less than one and one- half times your basic rate of pay for all hours worked over 40 a week. There are some exceptions. Apprentices rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. If you do not receive proper pay, contact the Contracting Officer listed below: RACHEL A. BROWN or you may contact the nearest office of the Wage and Hour Division, U.S. Depmtment of labor. The Wage and Hour DiviSion has offices in several hun&ed communities throughout the country. They are listed ia the U.S. Government section of most telephone directories under: U.S, Department of Labor Employment Standards Admmtstration Exhibit A Start Work Notice PLEASE RETURN TO THE FOLLOWING ADDRESS: HUD, Labor Relations 800 Cherry Fort Worth, Texas 76113-2905 This is to notify you that construction has started on the following project: HUD PROJECT NUMBER: LOCATION: DATE OF START OF WORK: WAGE DECISION NUMBER: BRIEF DESCRIPTION OF WORK: CONTRACT AWARD DATE: BID OPENING DATE: AMOUNT:$ (Type or Print Name) (Signature) (Title) (Telephone Number) GENERAL DECISION: TX20030035 02/13/2004 TX35 Date: February 13, 2004 General Decision Nuraber: TX20030035 02/13/2004 Superseded General Decision Nut,bet: TX020035 State: Texas Construction Types: Heavy Counties: Collin, Dallas, Denton, Ellis, Kaufman and Rockwall Counties in Texas. Water and Sewer Lines/Utilities {Including Related Tunneling Where the Tunnel is 48" or Less in Diameter) Modification Number 0 1 Publication Date 06/13/2003 02/13/2004 * PLUM0100-002 05/01/2003 Rates Fringes Plumbers and Pipefitters ....... $ 22.32 6.57 SUTX1991-004 09/23/1991 Rates Fringes Laborers: Common ...................... $ 6.533 Utility ..................... $ 7.467 Pipelayer ...................... $ 7.828 Power equipment operators: Backhoe ..................... $ 10.804 Crane ....................... $ 10.942 Front End Loader ............ $ 9.163 Tunneling Machine (48" or less) .................... $ 9.163 Truck Driver ................... $ 8.528 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) {ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations '- 1 of 2 3/26/04 4:03 PM indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.} is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator {See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.} that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: 4.) Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Ail decisions by the Administrative Review Board are final. END OF GENEPJ~L DECISION -- 2 of 2 3/26/04 4:03 PM o~ ~E_~< ,cC No. 2501-0011 U.S. DEPARTMENT OF HOUSING AND URBAN D~VELOPMENT OFFICE OF LABOR RELATIONS Report of Additional Classification and Wage Rate to Wage Determination Number: *Trade Classification:_ PRO4ECT IL~qE: - PRCkIECT NO: Ccetolete one of.the following paragraphs A-O to doc~aent that the classifi- cation and wage rate are 'prevailing in the area for y.our type of construction. A. AS Prime Contractor I have surveyed the following contra, ctors (in the area) and have found the classification of work at the follow~ng rates of pay and fringe benefits (where applicable): ~ Contractor/Location (cit),/state). Base Rate. Fringe Benefits Proposed prevailing rate: _plus fringe benefit of B. ! am currently under a labor agreement and this classification has a base rate of and fringe benefit:of , according to our contract. 'Copy of contract enclosed /_.._._~; copy of union contract has been provided your offt ce C. I am not under a union agreement or the union agreement does not state the uested classification and rate proppsed; however, the employee and/or .req ..... -'-.- ~ ......reed that this classification is prevailing his/net represen~a~,v~ ,,owe o~ and has the following prevailing base rate of and fringe benefits of Employee. or Representative Title - D. Attached are signed statements fro~ the Secretary of the Trade Association representing contractors (e.g., AGC, ABC) and the Secretary of the Building Trades Council having Jurisdiction (representing Labor), stating the ' classification is prevailing and the prevailing mtnim~n wage rate. (~) ~Stgnature of Prime Contractor) L$ignature ot Director of Labor Relatt OhS) DATE:_ *Additional classifications needed for work not included within the scope of the classifications listed in the OOL wage determination may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 ia)ii)iii). EMPLOYEES AGREE TO PROPOSED RATE YES , no _ CONTRACT AWARD OR START OF CONSTRUCTION DATE N~:: Use of this form is ogticr, al. indlvi~uals who HUD-4230A (O~W_Lcr~ ~'orm) ~ Ho. 25Ol-O0)_1 o~ No. 2501-0011 (]~xpi.r~ s/31/89) U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF LABOR RELATICltS Report of Additional Classification and Wage Rate to Wage Determination Number: *Trade Classification: PROJECT NAM£: PROJECT NO: Cmpleto one of the following paragraphs A-D to document that the classifi- cation and wage rate are prevailing in tJ~ area for y.our t~q)e of construction. A. As Prime Contractor I have surveyed the follo~rlng contractors (in the area) and have found the classification of work at the following rates of pay and fringe benefits (where applicable): ~Contractor/Locatton (city/state) Base Rate Fringe Benefits Proposed prevailing rate: plus fringe benefit of .. B.' I am currently under a labor agreement and this classification has a base rate of and fringe benefit, of · according to our contract. Copy of contract enclosed /-~'/'; copy of union contract has been provided your office C. I am not under a union agreement or the union agreement does not state the requested classification and rate proppsed; however, the employee and/or his/her representative have agreed that this classification is prevailing and has the following prevailing base rate of and fringe benefits of Employee. or Representative Title O. Attached are signed statements fro~ the Secretary of the Trade Association representing contractors (e.g., AGC, ABC) and the Secretary of the Building Trades Council having jurisdiction (representing Labor), stating the classification is prevailing and the prevailing mtntm~ wage rate. (2) {Signature of Prime Contractor) ~Signature of Director of Labor Relations) DATE: ,,, *Additional classifications needed for work not included within the scope of the classifications listed in the DOL wage determination may be added after award only as provided in the labor standards contract clauses (2g CFR 5.5 (a)(1)(it). EMPLOYEES AGREE TO PROPOSED RATE YES no CONTRACT AWARD OR START OF CONSTRUCTION DATE Use of t~-is form is opticr~l. individuals who refrain Iz. Qn ,.~ir'~ .it. HUD-4230A c~ No. 2501-0011 SPECIAL SPECIFICATION ITEM 7000 PARTNERING The Dallas County Department of Public Works invites the Contractor to join it in a voluntary "Partnering" arrangement for the work covered by this contract. Acceptance of the partnering invitation may result in a delayed notice to proceed in order to complete the "Partnering Workshop" prior to pre-construction conference being held. If the partnering invitation is accepted: 1. Contractor shall select a third-party facilitator, materials and neutral site, in Dallas County to conduct the team building workshop for the Contractor and Department personnel. A hotel or convention center meeting room, minimum distance of five miles from project site is recommended. Facilitator and site selection shall require Department concurrence. An anticipated cost of approximately $4,000 to $9,000 for site facilities, the facilitator and his associated expenses, will be shared equally (50-50) by the Department and the Contractor. The Contractor will be reimbursed for the Department's fifty percent on the first monthly estimate following the workshop. Procedures and considerations for bidding this Item are set out in paragraph 9 of this section. 2. Contractor and Department will exchange lists of the key personnel, minimum of five with maximum of twelve persons from each of the parties, to be participants in the workshop. The list will contain the name and job title of each person, a contact phone number and the address for job related correspondence. As a minimum the County personnel will include all inspectors who are' contemplated to be assigned to the project, the Senior Inspector and the Project Engineer. As a minimum, contractors personnel will include the Project Manager, Project Superintendent, and a field representative from the paving crew, excavation crew, structure crew and the storm sewer and/or utility crew. This will include field representatives of the major sub-contractors and or material suppliers. In addition, when agreed upon by the Prime Contractor and the County, up to two representatives each from Dallas Water Utilities and/or the incorporated City/cities involved will be asked to participate. 3. A definitive working arrangement for the partnership will be agreed upon and committed to writing at the workshop. The arrangement will set out the mutually recognized goals and expectations of each of the parties. 4. Contractor and Department agree that each of the key personnel identified will be assigned to the work for its duration and will not be transferred or reassigned without 30 days notice and CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. pARK FIRE HYDRANTS & WATER MAINS adequate replacement. 5. Contractor and Department agree to provide at the work site, persons who will be committed towards the achievement of the goals and implementation of the partnership agreement. 6. Ail disputes shall be processed in the manner agreed upon by the parties during the workshop. 7. Either partner may withdraw from the Partnership Arrangement upon written notice to the other. However, no claim or dispute settled or change approved during the existence of the partnership shall be revived. 8. The sole remedy for non-performance of the partnership shall be termination of Partnership arrangement as set out in paragraph 7 of this section. 9. Due to administrative considerations, Dallas County has elected to fund its 50% share of costs indicated in paragraph 1 above, directly from the project allocation. For this reason, contractors accepting this invitation should submit a unit price bid for this item, as an alternate bid. The alternate (bid price) for this Item will not be considered for purposes of determining the iow bidder. The price bid will be the contractors best estimate of one half of the costs indicated in paragraph 1 above. Payment to the contractor will be one half (50%) of the actual workshop invoice costs, irrespective of the unit price bid for Item 7000, but in no case more than the unit price bid, supported by complete documentation. An alternative price bid of $1.00 for Item 7000, in the alternate bid, will be considered as an indication that the contractor does not wish to accept the invitation. 10. Dallas County Department of Public Works shall have the option to hold and/or facilitate the Partnering Workshop. CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS SPECIAL SPECIFICATION ITEM 8000 GUIDANCE FOR DOCUMENTING CONTRACTOR PERFOP4~h~/~CE EVA~LUATIONS 3 o o PURPOSE - To establish a policy and procedures for evaluating construction contractor performance. ~PPLICABILITY - The policy and procedures set forth herein will be applied by the Dallas County Department of Public Works to all contracts that include expenditure of County funds for direct construction costs regardless of the responsibility for construction management/oversight. PROCEDURES - (a) Project Engineers in the Engineering and Construction Division of the Department of Public Works will collaborate with the Dallas County Construction Inspector throughout the construction period to evaluate the Contractor's performance and prepare a performance evaluation report on the prescribed form (s) accompanying this document. (b) The final performance evaluation report shall be prepared within 60 days of substantial completion of the work, or at the time of contract termination. (c) An interim performance evaluation report shall be prepared for contracts underway when a contractor's performance is generally unsatisfactory for any element for a period of three months or longer, or as appropriate. (d) Preaward Responsibility Determinations. Previous performance evaluations of construction contractors will be used in making responsibility determinations. Before selecting qualified responsible contractors for future awards, the Project Engineer must retrieve all performance evaluations on file pertaining to the prospective awardee's and make a determination of responsibility regarding the contractors' previous performance on County contracts. Particular attention should be given interim unsatisfactory evaluations whenever a final evaluation is not yet available. IMPLEMENTATION - CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. P]~RK FIRE HYDRANTS & WATER MAINS (a) The first step in evaluating contractor's performance is notifying the contractor at the preconstruction conference of the performance elements against which his performance will be evaluated. This notification is documented in the contract file. The contractor should be informed as to what constitutes satisfactory and unsatisfactory performance during the life of the contract, and that the Project Engineer and Inspector intend to use performance evaluations to document contract performance. Documentation to support the evaluation should be collected throughout the course of the contract. (b) Interim Performance Evaluation Reports (1) P~n interim performance evaluation report must be initiated when a contractor's performance is unsatisfactory on one or more elements for a period of three months or longer, or when circumstances dictate as noted in paragraph b(3) below. When unsatisfactory performance is noted, the contractor will be called into a conference to discuss problem areas and their resolution. A Memorandum for Record (MFR} of the meeting will be prepared. The contractor will be advised that performance must improve within 30 days or within a reasonable period. During this period, the Project Engineer and Inspector will closely monitor problem areas. If no material improvement is noted, a letter will be sent to the contractor as notification of intent to issue an interim unsatisfactory performance rating. The letter will address previous meetings and identify the facts on which the interim unsatisfactory rating is based. A copy of this correspondence will be forwarded to the contractor's bonding company. (NOTE: The Director of Public Works should be kept personally aware of the status of the contract.) It is mandatory that the contractor be given the opportunity to meet with the Project Engineer and/or Director of Public Works prior to issuance of the unsatisfactory rating. {2) The contractor will be allowed at least 14 days to respond in writing to the notification of intent letter. At the end of the specified time period, if there is no response or evidence of substantially improved performance, the interim unsatisfactory rating will be issued. Once again, the contractor's bonding company will be notified of the actions taken. If the contractor responds within the allotted time frame, all written comments will be included in the report. If not, a comment regarding the contractor's lack of response will be included in the evaluation. Should CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. pARK FIRE HYDRANTS & WATER MAINS the contractor respond to the "letter of intent" within the allotted time frame, any written comments made by the contractor will be included in the report and factual discrepancies alleged shall be discussed, resolved, if possible, and made a part of the report. Changes in the report may be made, if appropriate. (3) As stated in paragraph 5b(1) above, the normal time frame for initiation of an interim unsatisfactory performance evaluation usually occurs after three months of unsatisfactory performance. However, in circumstances involving a critical feature of the work that the contractor must perform satisfactorily and does not, or if the project is of a short duration, an unsatisfactory rating for poor performance may be issued without waiting for the end of the three month evaluation period. (4) Interim unsatisfactory ratings alert contractors of their shortcomings and serve as a valuable tool in energizing them to improve their performance, correct deficiencies, and avoid a final unsatisfactory rating. After the issuance of an interim unsatisfactory rating, the Project Engineer and Inspector must continue to monitor the contractor's performance and to document performance improvement. Documents should be in the form of a memoranda of meetings, "cure" letters to the contractor, quality assurance reports, photographs, etc. The Project Engineer will re- evaluate the interim unsatisfactory rating every three months until the contract is complete. The re- evaluation should include the reasons why it is in the County's best interests to allow the contractor to continue performance of the contract. A new evaluation is not required if the unsatisfactory performance continues for additional periods, although the files should continue to be fully documented. However, should the contractor's performance on any performance evaluation element change, the original interim rating may be amended with a written addendum which reflects the changes. This written amendment should become a part of the original contract file. (C) Final Performance Evaluation Reports (1) Within 60 days of substantial completion of the work determined jointly by the Project Engineer and Inspector) Performance Evaluation Form must be prepared. Final evaluation performance reports are processed in the same manner as described above, except that the 30-day review (As a CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIAJqGLE M.H. P~tRK FIRE HYDRANTS & WATER PUtINS period stipulated is only applicable to interim unsatisfactory evaluation reports. The original performance evaluation report for each contract is to be retained in the contract file for a minimum of three years after the date of the report. The Project Engineer is usually the evaluator who prepares the report, and each performance report shall be reviewed for accuracy and fairness by an individual having knowledge of the contractor's performance at a supervisory level above that of the evaluator. (2) If the evaluator concludes that a contractor's overall performance was unsatisfactory, the contractor shall be advised in writing that a report of unsatisfactory performance is being prepared and the basis for the report. The contractor must be afforded the opportunity to submit written comments, which should be addressed and included in the report. There are no rigid rules governing the number of items of a performance evaluation which must be unsatisfactory before an overall unsatisfactory rating is issued. Unsatisfactory performance on one or more of the elements to be rated may be sufficient to justify an overall unsatisfactory rating. Final unsatisfactory ratings should not be a surprise to the contractor since interim notification of the contractor's deficiencies should be fully documented during the course of the contract, and it is mandatory that the contractor be given the opportunity to meet with the Project Engineer and/or Director of Public Works prior to issuance of the unsatisfactory rating. However, an interim unsatisfactory report is not a prerequisite for issuing a final unsatisfactory rating. Further, the Contracting Officer must be satisfied that the justification and documentation supporting an unsatisfactory rating is adequate. Interim and final unsatisfactory performance evaluation reports must be signed by the Project Engineer or Director of Public Works. The final performance evaluation report will supersede any previous interim reports. Final unsatisfactory ratings can be amended, if warranted, to reflect changes in the evaluation of performance elements caused by resolution of contractor claims or compliance with warranty requirements. Amendments to final unsatisfactory reports must be made in writing stating why an amendment to the rating is necessary and which elements need to be changed. (3) On job order contracts, a final performance evaluation report should be prepared at the conclusion of the entire contract. CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. PA~RK FIRE HYDRANTS & WATER MAINS (d) Future Exclusion from County Projects. Following issuance of a final unsatisfactory performance evaluation report, the Director of Public Works shall promptly make a determination regarding the appropriateness of pursuing exclusion of the contractor from future consideration for work on Dallas County projects based on his record of unsatisfactory performance evaluations. This written determination shall indicate the rationale for seeking or not seeking exclusion. (e) Outstanding Performance Ratings. When appropriate, contractors should be recognized for outstanding performance on projects. When submitting an outstanding rating, the evaluator will include a draft letter of appreciation to the contractor with a copy of the evaluation. The Project Engineer shall review the draft and have it typed in final form for the Director of Public Works signature. (f) Subcontractor Performance Evaluations. Where a subcontractor is known to exert significant influence on or control progress through a special relationship with the prime contractor (as in the case of a subsidiary or an affiliated company), or by virtue of performing a significant portion of the contract, a performance evaluation will be prepared on the subcontractor, in addition to the evaluation report prepared on the prime contractor. Subcontractor evaluations are stored in the same manner as for prime contractors. {g) Contractor Notice. A copy of each completed performance evaluation must be formally transmitted to the contractor, regardless of the rating. This action is especially important for contractors who are performing in an unsatisfactory manner. Unsatisfactory contractors should be given a copy of the performance evaluation report as soon as it has been processed and signed by the Director of Public Works. CDBG FY 2002 COPPELL MARCH 2004 GOLDE/q TRIANGLE M.H. PARK FIRE HYDRANTS & WATER MAINS Item 9000 - CITY OF COPPELL WATER UTILITIES PRE-CONSTRUCTION PACKET Revised 11/02 COFFELL WATER UTILITIES PRE-CONSTRUCTION PACKET The Water Utilities Division of Public Works has prepared this packet of information to offer contractors an understanding of our operations and what is to be expected on a Water/Sanitary Sewer related project in the City of Coppell. This packet includes the following reference documents: Water/Sewer approved products list 3/4" through 2" xvater service fittings guide Meter setter specifications 1" meter set detail 1 1/2" & 2" meter set detail Walk through punch list guideline Sanitary sewer manhole and clean-out standards Construction meter application Request for water shut down Details Approved Testing Agency/Back-flow (contact Water Utilities Division: 972-462-5155) The above referenced information should be beneficial in the construction of water and sanitary sewer facilities. This information should be used in conjunction with the City standard construction details and design criteria, along with the N.T.C.O.G. standard. (In some cases, however, actual details may not be identified in the City's standards). If for any reason during construction the contractor needs to make a tie in to, lower, or cross an existing water or sanitary sewer line, he should contact the Water Utilities Division for coordination prior to any excavation. When working in the City right-of-ways and easements, the contractor shall contact the Utilities Division for a line location 48 hours prior to any excavation. Water Utilities field personnel will turn on or off (operate) any existing valves or valves connected to the City's system. Contractors need to contact the Coppell Water Department for water shut downs during construction. The contractors shall be responsible to notify the affected properties using the form that has been provided in this packet. When a contractor needs water on a project he will be required to provide a deposit of $1,000.00. Upon availability, a meter will be provided by the City. Construction water rates are the same as the City's commercial water rates. If the project is other than residential, it will require installation of water meters. These meters will be installed according to City standards and as referenced in this document. The meter shall be purchased from the City and must be paid for 45 days in advance. When a contractor is issued a water meter, he will be required to pay the cost of the meter, a $30.00 deposit for each -- I Revised 11/02 Irrigation and/or Fireline meter, a $35.00 deposit for a domestic meter, and $50.00 inspection fee for each meter. Before a meter can be issued, the contractor must complete the meter set according to City standards and an inspection must be performed on that setting. If the setting is found acceptable, then the contractor can receive the meter. Once the meter has been installed the contractor will call the Utilities Division at (972) 462-5155 and request a final inspection of the meter setting. An inspector from the Utilities Division will perform the water service and meter installation inspection and approve or deny, (if denied, the contractor will be notified). It is'important to remember that even though a meter setting has passed its initial inspection, the final walk through of the project may require adjustments in the meter set, boxes, or vaults. All Back-flow devices will need to be tested by a certified tester as approved by the City of Coppell Utility Division before p/'oject is released. Upon completion of a project, a walk through is performed with Utility personnel present to look at the components of the water and sanitary sewer system to insure they are properly situated to allow for effective and efficient operation and maintenance. The contractor will participate in the walk through and perform the following tasks during the walk through process: I. Remove and replace all valve stack lids to allow access with a valve wrench. Remove and replace all manhole lids to allow visual verification that ring and lid are set properly and manhole is clean. Also to verify installation of rain pan and chimney seal. Use type Bolt-down lid for SS Manhole (when required). 3. Operate all water valves to insure proper operation. Operate all fire hydrants in open and capped positions to visually verify proper operation. Remove and replace all mainline clean out caps to allow visual verification of proper alignment of clean out shoe and pipe end for plug placement. Open and close each water meter box to allow visual verification that the meter setter and valves are properly aligned. Remove and replace all lot clean out caps to ensure proper installation of drop pipe and sweep tee. Each of these tasks should be performed in the presence of a representative from the Water Utilities Division. Once the walk through is completed, a final punch list will be provided to the contractor. After the contractor has completed the requested corrections, the punch list items will be looked at again to insure that corrective measures have been taken. Contact the Utility Division when required corrections are complete. If at any time the contractor has a Water/Sanitary Sewer related emergency or needs to communicate with the Water Utilities staff, they ;vill need to contact the Assistant Director of Public Works at (972) 462-5151. -- 2 COl'FELL CONSTRUCTION REFERENCE LIST Revised 11/02 Building Inspection Department 500 Southwestern Boulevard Coppell, Texas 75019 Phone: 972-304-3500 Fax: 972-304-3514 Inspection Requests: 972-304-3516 Engineering Department 255 Parkway Boulevard Coppell, Texas 75019 Phone: 972-304-3679 Fax: 972-304-3570 Fire Marshal Travis Crump 500 Southwestern Boulevard Coppell, Texas 75019 Phone: 972-304-3503 Fax: 972-304-3514 Planning Department 255 Parkway Boulevard Coppell, Texas 75019 Phone: 972-304-3678 Fax: 972-304-3570 Utilities Department 816 S. Coppell Rd. Coppell, Texas 75019 Phone: 972-462-5155 Fax: 972-462-5199 - 3 CITY OF COPPELL WATER UTILITIES LIST OF APPROVED MATERIALS & PRODUCTS Water Valves (Up to 12" in Size) Resilient Seat Inline Gate Valves 1. Waterous 500 R.W. Epoxy Coated 2. American DarIing- RS 3. Kennedy ~ Ken - Seal 4. Mueller- RS 5. Stockham - C509 R.W. 6. Clow - R.W. 7. AVK - R.W. Tapping sleeves shall be Stainless or Epoxy coated. Larger Valves specified in Standard Construction Details and reviewed on case by case basis. Fire Hydrants 1. Waterous Paces - WB67-100 2. Mueller - Super Centurion 250 3. Kennedy - Guardian 4. American Darling - B84B 5 1/4" 5. Clow 6. AVK 7. Anchor Copling 8. Meg-a-lug Fittings Meter Boxes Bass & Hayes or Approved Equal Galvanized with cast iron ring and lid. 28" for 1", 1 I/2" & 2" meter settings. Meter Yokes (Setters) 3/4" Ford VBHC72-9W - 1" MIP x 3/4" DP 1" Ford VBHC74-12W - 1" MIP x 1" DP 1 1/2" Ford VVF 66-12B or equal 2" Ford VVF 77-12B or equal (When separate double check required * Ford V72-1 OW or equal). (When separate double check required * Ford V74-12W or equal). Water Services Type K Copper for 1" to 2" Tapping Saddles are all bronze with double strap (Flat Strap for PVC) 4 Revised 6/2002 Brass Fittings Jones Ford Mueller McDonald Connections need to be flared type or compression fittings connecting copper to valves or adapters. Water Lines #12 wire/Blue 1 fi. above main (Tracer) PVC - Blue in Color I0" and smaller Class 200 DR-14 or DR-21 12" up Class 150 DR-18 Ductile Iron - Class 51 (For 16" and Larger Lines) with poly sleeve Sewer Lines Tracer tape I fi. above main PVC - Green - for 8" thru 12" lines SDR 35 - for 8" thru 12" lines Class 50 Ductile Iron - Larger than 12" lines (Per approval of City Engineer) PVC Pipe (types approved on individual basis) - Larger than 12" lines Pipe Fittings Compact Ductile Iron Mega lug or anchor couplings used at Fire Hydrants, valves, and all ductile iron fittings. Meter Vaults Concrete site poured or pre-fab, if pre-fab vaults are used - will not accept fiat bottom - shall have at least 6" wall lip recess and check detail for sump-hole. Bilco lids are standard on Vaults. #Q-4 with lock hasp installed at lock end on lid. Vault elevation 8" above finish grade. Meter Settings All meter settings shall have a UL Approved Double Check, Back-siphonage Device installed on the discharge side of the meter loop within the City's fight-of-way or dedicated easements adjacent to the fight-of-way. Double check to be in separate box. All commercial, retail, and industrial meters are to be paid for by the contractors or builders and issued by the City Water Utilities Department (residential meters are issued by Building Inspections). 5 CITY OF COPPELL Water Service Fittings For 3/4" through 2" meter settings Water Meter Boxes Service Size 3/4" & 1" 1 1/2" & 2" Tapping Saddles Meter Box Size 18" x 18" galvanized with Cast Iron Ring & Lid (with lock) 28" x 18" galvanized with Cast Iron Ring & Lid (with lock) All PVC and ductile service taps shall be installed with Double Strap, All Bronze "CC" Threaded tapping saddle. Corporation Stops All corporation stops shall be bronze "CC" thread by copper flare. Copper Service Line All service lines shall be type "K" soft copper with flare connection fittings no smaller than 1". Curb Stop (prior to meter setter) All curb stops to be all bronze ball valve - copper flare by male or female iron pipe thread (1" thru 2" curb stops can be angle stops). Meter Setters * Service Size 3/4" 1 1/2" 2" Meter Setter Size Ford Model VBHC72-9W - I" MIP x 3/4" DP or equal Ford Model VBHC74-12W - 1" MIP x 1" DP or equal Ford Model VVF 66-12B x length or equal Ford Model VVF 77-12B x length or equal All setters shall be all copper and bronze with silver solder welds and all valves to be equipped with lock wings. * See attached specifications on meter setters. Meters All meters shall be purchased from the City of Coppell and shall meet City of Coppell specifications. Pipe Fittings All pipe fittings within the meter or double check setting shall be bronze and copper mater/al. Double Checks All double check back-siphonage devices shall meet the approval of the Underwriters Laboratories. The device shall have test cocks for testing and shall be at and no higher than the center line of the meter and no lower than 6" below center line of the meter. All back-flow devices must be tested by a certified tester, approved by the City of Coppell, with the end results being forwarded to the Water Utilities Division. 7 City of Coppell Public Works Water Utilities Specifications for Meter Setters Specification #0800 Summary: The following specification is designed to allow copper meter setters of specific type. The meter setters provided to the City of Coppell must meet the specific requirements listed below. Specific Requirements Setter Material The setter shall be constructed totally of bronze and copper. The bronze and copper materials used in the setter construction shall not contain more than 8% lead. The setter shall be constructed with solder joints with solder and flux that contains n~o more than 0.2% lead. The copper tubing used to manufacture each setter shall have minimum internal diameters as listed below for 3/4" & 1" meter setters: 3/4" - 0.687 1" -0.9325 Setter Valves All bronze valves provided with (as part of the meter setter) meter setter must be a full rotation ball valve with lock wings. The ball valve must be of the full opening type according to the size of setter. Setter 1. Types Residential meter setters 3/4" & 1" - This meter setter shall be designed and constructed of materials mentioned above. Each setter provided shall be equipped with an ASSE approved single body dual check on the discharge side/top of setter and a ball valve on the inlet/top of setter. The following information is provided for minimum dimensions on setter checks. 3/4" - The minimum internal dimension of the checks of this setter shall be 0.7" on the inlet side and 1.03" on the outlet side of each check. The minimum valve seat separation distance of the check seats in this setter shall be 1.3" from initial seal of first check to initial seal of second check. 1" ~ The minimum intemal dimension of the checks in this setter shall be 1.050" on the internal side and 1.3 on the outlet side of each check. The minimum separation distance of the check valve seats in this setter shall be 1.3" from initial seal of first check to initial seal of second check. -- 8 The inlet and outlet sides of the 3/4" and 1" meter setter shall be as follows: 3/4" - Inlet - 1" Meter Spud Thread (1 1/4" Standard) Outlet - 3/4" Union 2 pc. 1" - Inlet - 1" Meter Spud Thread (1 1/4" Standard) Outlet - 1" Union 2 pc. The setter height shall be as follows: 3/4" - 10" 1" -12" 2. Irrigation meter setters 3/4" and 1" These meter setters shall be provided with a ball valve on the inlet/top of setter and the following inlet and outlet connections. 3/4" - Inlet - 1" Meter Spud Thread (1 1/4" Standard) Outlet - 3/4" Union - 2 pc. 1" - Inlet - 1" Meter Spud Thread (1 1/4" Standard) Outlet - 1" Union - 2 pc. The setter height shall be as follows: 3/4"- 10" 1"- 12" 3. Other meter setters 1 1/2" and 2" These meter setters shall be provided ball valves on the inlet/top and outlet/top of the setters. The bottom of the meter setter shall be constructed with a 1 1/4" bypass with a 1 1/4" inline ball valve. The bypass shall be adjustable in length to allow adjustment in length of setter for meter. The meter setters shall be provided with the following inlets, outlets, and heights. 1 1/2" - Inlet - 1 1/2" Standard FIP Outlet - 1 I/2" Standard FIP 2" - Inlet - 2" Standard FIP Outlet - 2" Standard FIP Height 1 1/2"and 2"- 12" Revised 11/02 Acceptance: The City of Coppell/Water Utilities Division shall maintain an approved listing of those setters meeting this specification. If the setter supplied does not meet the specifications listed above, the manufacturers may submit a product evaluation roma in an effort to gain approval. Contact the Utility Division at (972) 462-5155. Provide Detail for use of Bullhead: type of material proposed and the set location of the meter box. 10 ANGLE BALL HE'[ERS ANGLE DUAL CARTRIDGE CHECK VALVE I' LIE'TER 3/4' DOUBLE PURPOSE FOR 3~4' FLARE COPPER (Residential "Only") 11 ANGLE BALL VALVE I" METER ANGLE DUAL CARTRIDGE CHECK VALVE -k~ ETE R THREAD 1" DOI.IBLE PURPOSE FOR 1 COPPER FLARE OR 1" FIP (Residential "Only") 13 Z O~ a:0 15 WATER UTILITIES Walk Thru Punch List Items Fire Hydrants Check physical appearance of hydrant. Check for proper grade. Is hydrant level? Check Caps threads Operate Hydrant with Caps on. Operate Hydrant with Caps off. Check to ensure proper operation of weep holes. Check hydrant valve - the valve nut or extension no lower than 48" below grade. Operate hydrant valve to ensure proper operation. Hydrant should be painted yellow in right-of-ways or easements. Valve stack lid should be painted red. 2' x 2' Concrete valve pad around valve or if in pavement, a 2' x 2' Block-out. Check for proper grade of valve stack and pad. Check to see if hydrant is put together properly. Check for proper thread type at nozzles. Mainline Valves Valve stacks shall be fully adjustable sections - NO P~E Water samples taken by contractor and approved before main turned on by the Utility Division. Valve stack lids should be painted blue. Check valve nut or extension - should be 48" below grade. 2' x 2' Concrete valve pad around valve or if in pavement, a 2' x 2' block-out. Check for proper grade of valve stack and pad. Operate valve to ensure proper operation. Valve stacks - fully adjustable sections. Sanitap¢ Sewer Manholes Contractor to clean all lines and manholes, mandrill test, air test, T.V. - Video tape with print out of all service identified by footage. Check for proper grade. IfM.H. is in pavement a 4' x 4' block-out is required. Remove manhole lid, check ring aligm'nent with top of cone and proper placement of chimney seal. Also check for rain pan. Check invert in manhole to ensure proper alignment of pipes, standing waste, or debris in invert. Should be clean and free of standing water. 16 Main line and individual lot clean outs will be checked for proper grade and installation. Type of material - approved "y" at 4" clean-out. Lot clean outs shall be green sewer pipe with a sweep tee and 12"x12" pad poured at ground level. Meter Boxes and Water Meter Loops Check box for proper grade and location. Check lid for proper operation of lock. Check meter (setter) for proper height. Check to ensure that both curb stops are accessible and can be operated with turn-off wrench. Check meter loop for proper size and type. Need to be able to see all pipe fittings in box. Check for proper water flow. Miscellaneous Water samples required on ali new water mains and fire lines. Water samples approved. All blow-offs for mains shall be covered with meter boxes and set at proper grade and should not be installed in a paved area. All water/sewer system components should be properly marked on curb adjacent to their placement. Blow off(BO) Blue Paint Fire Hydrant yelloxv paint Manholes (MH) red paint Mainline Valve stack cap (MLV) blue paint Fire Hydrant Valve stack cap (FHV) red paint Meter Box (Vi) blue paint Sewer Service (S) red paint Sewer Clean-out (CO) red paint All letters two (2") inches, stenciled or stamped Tracer tape on all Sanitary Sewer mains Blue tracer wire #12 on all water mains. Note all water valves, meter boxes, blow-offs, meter vaults, sanitary sewer clean-outs and manholes located within the parkway or in the median shall meet a grade of 1/4" per foot from the back of curbline (Top of curb). 17 COPPE E UTILITY RELOCATION CHECKLIST FOR WORK WITHIN CITY OF COPPELL RIGHTS-OF-WAY OR EASEMENTS Listed below are minimum requirements for utility relocation projects: I. A copy of the valid approved City of Coppell permit is required on the project at all times. 2. Notify adjacent property owners (commercial & residential) of project timeline; provide them with contact names and phone numbers. 3. Proper erosion control measures must be taken. 4. Follow Texas MUTCD standards for work in traffic zones. 5. Sod is to be replaced when necessary. 6. Irrigation repairs must be performed in a timely manner. 7. Follow OSHA recommended trench safety at all times. 8. Repair existing utilities that are damaged, including but not limited to clean-outs, water valves, and SS manholes. 9. Densities may be required in trench lines (ASTM). 10. Care and repair of street signage is the responsibility of the contractor. 11. No work is to be done in collector roadways before 9:00 a.m. or after 3:00 p.m. 12. Prior notice of work activity on weekends and holidays must be in writing. 13. Line locates must be performed in advance by contacting - CITY OF COPPELL UTILITIES DIVISION ci.coppell.tx.us 972/462-5155 CITY OF COPPELL ENGINEERING DEPT. 972/304-3679 HOMEOWNER ASSOCIATIONS 972/304-3669 (City Secretary Office) COMCAST CABLE 817/557-8296 x22 (Phillip Gwin) AT&T LOCAL NETWORK 214/ 215-0880 (Jim Peck) COSERV 940/321-7844 (Roy Busby) EXPLORER PIPELINE 918/493-5100 (Patrick Nwakoby) ONCOR Electric Delivery Company 972/323-8719 (Larry Redick) VERIZON COMMUNICATIONS 972/318-5276 (Lance Hall) FEDERAL EMERGENCY MGMT. ADMIN. 940/898-5138 TEXAS COMM, on ENVIRONMENTAL QUALITY 817/ 588-5800 DENTON CO. LEVEE DISTRICT 214/352-5118 (Richard Hightower) TXU Gas 972/570-4143 (Doug Brewer) I 800 DIG TESS for line locates (344 - 8377) 14. Contaminants must be removed from work area daily and disposed of properly outside the City. 15. Streets, sidewalks and alleys must be kept clean of construction material and debris. 16. "Clean-up" requires returning work area to pre-project condition or better. 17. Contractor is required to contact Public Works Division for Completion Verification Notice. AGENCIES INVOLVED IN TRANSPORTATION & CONSTRUCTION ISSUES * DART - Dallas Area Rapid Transit is the public transit authority for thirteen Dallas County communities, providing bus, light rail, paratransit, HOV lanes and vanpool services, www.dart.or.q EPA - U.S. Environmental Protection Agency was established in 1970 to protect human health and safeguard the natural environment. EPA is responsible for setting national standards for a variety of environmental programs, www.¢pa.~;ov FHWA - Federal HighWay Administration, part of the U.S. Dept. of Transportation, provides federal financial assistance to states to construct and improve national highways, urban and rural roads, and bridges, v,',vw.~wa.dot.~ov NCTCOG - North Central Texas Council of Governments is a voluntary association of local governments within the 16-county NCT area. Its 232 member governments work through the agency to plan for common needs. The Regional Transportation Council of NCTCOG, a series of technical committees, and the transportation staff comprise the Metropolitan Planning Organization (MPO) for the DFW metropolitan area, responsible for transportation and air quality planning for the region, w~,~v.drwi~o corn OSHA - Occupational Safety & Health Administration (a division of the US Department of Labor) was created in 1971 to protect workers from on-the-job injuries and deaths. As a result of OSHA training and compliance inspections, workplace injuries and illness have declined by 40 percent in the past 30 years. Compliance regulations are numerous and industry-specific, for more information, see ~m'w.osha ~ov TCEQ - Texas Commission on Environmental Quality, previously known as TNRCC (Texas Natural Resource Conservation Commission), is the state agency responsible for coordinating and submitting clean air plans for Texas to the EPA. Also grants Construction Permits for air and water discharge on small and large projects. New rules for permitting take effect in March 2003. www.tceq.state.tx.us Local office 817/588-5800 TxDOT - The mission of the Texas Department of Transportation is to provide safe, effective and efficient movement of people and goods. The vision of TxDOT is to provide transportation systems and alternatives that are comfortable, safe, durable, cost-effective, accessible, environmentally sensitive and aesthetically appealing. ;~ ww.dot.state.tx.us CITY OF COPPELL UTILITIES DEPT. 972/462-5155 DENTON CO. LEVEE DISTRICT 214/352-5118 AT&T BROADBAND 214/215-0880 ONCOR Electric Delivery Company 972/323-8719 COSERV 940/321-7844 VERIZON COMMUNICATIONS 972/318-5276 EXPLORER PIPELINE 918/493-5100 FEDERAL EMERGENCY MGMT. Al)MIN. 940/898-5138 1 800 DIG TESS for fine locates (344 - 8377) WATER UTILITIES Walk Thru Punch List Items Fire Hydrants Check physical appearance of hydrant. Check for proper grade. Is hydrant level? Check Caps threads Operate Hydrant with Caps on. Operate Hydrant with Caps off. Check to ensure proper operation of weep holes. Check hydnint valve - the valve nut or extension no lower than 48" below grade. Operate hydrant valve to ensure proper operation. Hydrant should be painted yellow in right-of-ways or easements. Valve stack lid should be painted red. 2' x 2' Concrete valve pad around valve or if in pavement, a 2' x 2' Block-out. Check for proper grade of valve stack and pad. Check to see if hydrant is put together properly. Check for proper thread type at nozzles. Mainline Valves Valve stacks shall be fully adjustable sections - NO PIPE Water samples taken by contractor and approved before main turned on by the Utility Division. Valve stack lids should be painted blue. Check valve nut or extension - should be 48" below grade. 2' x 2' Concrete valve pad around valve or if in pavement, a 2' x 2' block-out Check for proper grade of valve stack and pad. Operate valve to ensure proper operation. Valve stacks - fully adjustable sections. Sanitary Sewer Manholes Contractor to clean all lines and manholes, mandrill test, air test, TV - Video tape with print out of' all service identified by footage. Check for proper grade. If M.H. is in pavement a 4' x 4' block-out is required. Remove manhole lid, check ring alignment with top of cone and proper placement of chimney seal. Also check for rain pan. Check invert in manhole to ensure proper alignment of pipes, standing waste, or debris in invert. Should be clean and free of standing water. Main line and individual lot clean outs will be checked for proper grade and installation. Type of material - approved "y" at 4" clean-out. W/T PAGE 1 Lot clean outs shall be green sewer pipe with a sweep tee and 12"x12" pad poured at ground level. Meter Boxes and Water Meter Loops Check box for proper grade and location. Check lid for proper operation of lock. Check meter (setter) for proper height. Check to ensure that both curb stops are accessible and can be operated with turn-off wrench. Check meter loop for proper size and type. Need to be able to see all pipe fittings in box. Check for proper water flow. Miscellaneous Water samples required on all new water mains and fire lines. Water samples approved. All blow-offs for mains shall be covered with meter boxes and set at proper grade and should not be installed in a paved area. All water/sewer system components should be properly marked on curb adjacent to their placement. Blow off(BO) Blue Paint Fire Hydrant yellow paint Manholes (MH) red paint Mainline Valve stack cap (MLV) blue paint Fire Hydrant Valve stack cap (FHV) red paint Meter Box (W) blue paint Sewer Service (S) red paint Sewer Clean-out (CO) red paint All letters two (2") inches, stenciled or stamped Tracer tape on all Sanitary Sewer mains Blue tracer wire #12 on all water mains. Note all water valves, meter boxes, blow-offs, meter vaults, sanitary sewer clean-outs and manholes located within the parkway or in the median shall meet a grade of 1/4" per foot from the back of curbline (Top of curb). W/T Page 2 Company's Name: Address: TEMPORARY CONSTRUCTION METER Phone #: LOCATION WHERE METER IS NEEDED: Date Meter Required: Date Paid: D.L. # The applicant shall also notify the Utilities Division when they are finished with the meter. Cost of any requires or replacements necessary shall be billed on the final statement or deducted from the deposit. (Amount of deposit is $I,000.00) The applicant is also rd~ponslble for wmterlmng all temporary cone'{ruction ~T~rs, and its components to protect them against any damage due to freezing temperatures. The customer is allowed to move or relocate a meter after the City has read the meter. Please call 972-462-5155 to schedule the reading. The City is not responsible for any stolen property under any condition. It is the customer's responsibility to keep the meter from freezing. The $1,000.00 deposit will be deposited upon receipt. The minimum monthly water bill shall be $12.00 for the first 1000 gallons used. All water in excess of 1000 gallons will be $2.60 per 1000 gallons. Monthly payment due by the 5th of month. If payment not received by this date there will be 10% penal~ accessed to the total balance. I / we the applicant(s) or representative have been given and understand the rules of the temporary water user. Signature of Applicant/Representative Date (Below for City Personnel Only) Backflow Device Approved: YES Type Check Valve: Physical Air Gap: Meter Number: NO N/A Beginning Meter Reading: C~ty Representative s S~gnamr Date 28 CITY OF COPPELL WATER UTILITIES WATER ISOLATION REQUEST AND/OR METER RELOCATION The following information must be provided in order to allow isolation of any part of the City of Coppell Water System. This form must be completed and submitted to the Utilities Division for processing Forty Eight (48) hours prior to the date the isolation is requested. Date: Time: Project: Contractor: Print Name: Phone #: Area Affected (Street, Block, No.): DATE REQUEST IS NEEDED: Time Off: Time On: Water Main Size: Water Service: a.m./p.m. a.m./p.m. inches inches If water customers of the system will be affected, contractor shall provide a list of each of those business or residential structures affected. * Note: The City of Coppell Utilities Division shall perform all water line shut - downs. Contractors are not permitted to turn any valves in the system. Signed: Contractors Representative Date Print Name: FOR METER RELOCATION Oi~LY: Date Amount of Payment Initials * (Attach work order for relocation only) 29 T H E - C ! T Y · 0 F C-OPFE] Dear Customer: Due to construction work in yom' area, the water will be turned offon: Date: Time Off: Time On: Builder Name: Builder Phone: Builder Contact: We appreciate your cooperation and understanding with regard to this matter. If you need any further information, contact the Water Utilities Division at 972-462-5155. Sincerely, City of Coppell Water Utilities Division 3o 9. 10. 11. 12. 13. 14. 15. GENERAL NOTES FOR WATER MAIN CONSTRUCTION All work unless noted otherwise shall conform to the Third Edition, 1998, of the North Central Texas Council of Governments (NCTCOG) Standard Specifications for Public Works Construction and the latest edition of the City of Coppell Standard Construction Details. Direct tapping of water main for services is not allowed. A double strap brass tapping saddle is required. Fittings for water mains shall be wrapped with polyethylene sheath and taped (duct tape is not allowed). All direct burial valves shall be provided with 12-in. cast iron/shorty valve box with PVC stacks. Valve stacks shall be vertical and concentric with valve stem. Stainless steel valve extensions required on valves where the operating nut is greater than 4-ft. below street/ground grade. Complete fire hydrant assembly shall consist of the fire hydrant, 6~in. PVC pipe stack, vertical bend, and concrete thrust blocking required in order to install a functioning fire hydrant. For proper sterilization of the water main, keep inside of pipe clean. Water samples to be taken by the Contractor with City of Coppell and Dallas County forces present. Contractor to have samples tested by a certified lab (all sterilization and bacteriological costs shall be subsidiary to the construction of the water mains). Hydrostatic test is for 4 hours at 150 p.s.i, with City of Coppell and Dallas County forces present (costs shall be subsidiary to the construction of the water mains). A two-way blue reflector button for new fire hydrants is required on the adjacent street pavement. Keep the work site clean and safe. Safety equipment is very important. Preliminary and Final walk-throughs for Substantial and Final Completions, respectively, of the project with City of Coppell and Dallas County forces present. Borings 6-in. and larger in diameter shall be medium gage smooth steel encasement pipe with full penetration welds, and with grouted caps at each end with weepholes; carrier pipe shall have concentric nylon spacers spaced at manufacturer's recommendation. For Line W-1 at approximate stations 1+74.49 to 1+94.49 increase the bore length from 20 L.F. to 30 L.F. to clear the low overhead power, telephone, CATV, etc., lines. For Line W-2 at approximate station 0+07.29 the installation of the 8" Water Main under the existing 30" RCP is subsidiary to the cost of the construction of the water mains. For Line W-2 the removal and replacement of any asphalt speed bumps is subsidiary to the cost of the construction of the water mains. Initial density and compaction tests shall taken along the water main construction at a minimum spacing of 300 l.f. for every lift of backfill by Dallas County forces; any re- testing shall be at the Contractor's expense. CDBG FY 2002 COPPELL GOLDEN TRIANGLE M.H. pARK FIRE HYDRANTS & WATER MAINS MARCH 2004 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. GENERAL NOTES FOR CONSTRUCTION Working hours are Monday through Friday from 7 a.m. to 6 p.mand Saturday from 8 a.m. to 5 p.m.. Work is not allowed on Sundays without written permission from the Dallas County Public Works Project Manager. No street closings without written permission of the Dallas County Public Works Project Manager. Contractor shall notify all franchise utilities (i.e. electric, telephone, gas, cable TV, etc.) at 1-800-DIG-TESS and the City of Coppell for water, sanitary sewer, and drainage facilities at 972-462-5155 72-hrs. prior to any construction. Contractor shall notify the City of Coppell and Dallas County forces a minimum of 48- hrs. prior to commencing construction. Contractor shall notify all property owners 24-hrs. in advance of any construction near their property. No open trenches at the end ora workday unless used for boring and receiving pits. Contractor shall remove all excess material at the end of each workday. It is the Contractor's responsibility to keep all drainage facilities open at all times (i.e. ditches, inlets, etc.). No storage of materials on private property without written permission of the property owner; if written permission is obtained, the Contractor shall restore the private property to original or better condition; two (2) copies of each written permission shall be delivered to the Dallas County Public Works Project Manager in advance of any storage on private property. Contractor shall obtain a temporary construction water meter with a backflow preventer from the City of Coppell; water consumption, deposit and repair costs, etc., shall be subsidiary to the construction of the water mains. Weekly construction meetings with the City of Coppell and Dallas County forces to be held at the job site. Traffic Control Plan shall include the proper signage & barricading for 2-way traffic on Coppell Road. The Project Construction Sign shall be subsidiary to the costs of the Traffic Control Plan. Contractor shall submit a Trench Safety Plan (4 copies) by a State of Texas P.E. for approval a minimum of 72-hrs. prior to commencing construction. Erosion Control measures shall remain in place until 70% re-vegetation of disturbed areas has been established. Contractor shall submit a Construction Schedule based on a 60-calendar day period from commencing construction to substantial completion with itemized tasks, subtasks, etc., for approval (4 copies) a minimum of 72-hrs. prior to commencing construction. Contractor shall submit Batch Designs for all asphalt, concrete, flowable backfill, etc., materials for approval a minimum of 72-hrs. prior to commencing construction. Full Depth sawcutting of existing reinforced concrete curb is subsidiary to the costs of Item 1-4. Full Depth sawcutting of existing reinforced concrete valley gutters is subsidiary to the costs of Item 1-5. CDBG FY 2002 COPPELL MARCH 2004 GOLDEN TRIANGLE M.H. PARK FIRE HYDRTkNTS & WATER MAINS PROJECT INFORMATION SIGN FRAME DETAIL Special Note: The Project Information Sign shall also have capabilities of being mobile so that it may be moved around on the project as directed by the Engineer. Furnishing materials, labor and incidentals, including, placing, moving, maintaining, and removing this Project Information Sign will not be paid for directly but shall be subsidiary to Item 502, Barricades, Signs, and Traffic Handling, of the contract. CDBG FY 2002 COPPELL M]kRCH 2004 GOLDEN TRIAJ~GLE M.H. PARK FIRE HYDRANTS & WATER MAINS