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SS0201-CN040405
T H E Q 1 T Y O F CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR COPPELL ROAD /SERVICE CENTER 18 "Sanitary Sewer Line PROJECT # SS 02 -01 FOR THE CITY OF COPPELL April 2004 ar MAY 2 2004 RECORDS CENTER CITY OF COPPELL k d. %** KEITH R. MARVIN (-//S /0 y TABLE OF CONTENTS Section 1 - Bidding Documents Addendum #1 Notice to Bidders Instructions to Bidders Proposal/Bid Schedule Prevailing Wage Rates Section 2 - Contract Documents Standard Form of Agreement (Contract) Certificate of Insurance Instructions for Bonds Performance Bond Payment Bond Maintenance Bond For this project, the Standard Specifications for Public Works Construction - North Central Texas, as prepared by the North Central Texas Council of Governments and the City of Coppell Standard Construction Details shall govern all work to be done, together with any additional Supplementary Conditions, Specific Project Requirements, General Notes or Description of Pay Items included herein. Section 3 - City of Coppell's Supplementary Conditions to the NCTCOG General Provisions Section 4 - Specific Project Requirements Section 5 - Description of Pay Items Page # 1 -4 1 -5 1 -18 1 -25 2 -2 2 -8 2 -9 2 -10 2 -12 2 -14 3 -1 4 -1 5 -1 SECTION I BIDDING DOCUMENTS BID PROPOSAL ADDENDA ADDENDUM NO: ONE ISSUE DATE: April 23, 2004 PROJECT NAME: Coppell Road /Service Center BID DATE: April 27, 2004 Sewer SS 02 -01 LOCATION: COPPELL, TEXAS ISSUED BY: City of Coppell 1. This addendum modifies and extends the requirements of the plans and construction specifications for the above referenced project. 2. Staple this addendum to the inside of the rear cover of the construction specifications or bind it into the construction specifications at the end of the Bid Proposal. 3. Note receipt of all addenda on the Bid Form located in the Bidding Documents, and also on the outside cover of the envelope containing the Bid Documents. Section 5 — Description of Pay Items Passe 5 -3 1. 1.2.2. Pay Items #I -2 — Clearing and Site Preparation: Add: "Trees to be removed under this contract will be flagged for removal at the beginning of the job by the city inspector. Any trees not flagged for removal shall be protected throughout the duration of the project. Trees suitable for chipping shall be chipped and _ stockpiled on site at a location designated by the City of Coppell Engineering Department." The paragraph should read in its entirety as follows: 2.2. Pay Items 9I -2 — Clearing and Site Preparation: This pay item shall consist of the clearing and removal of any and all trees, shrubs, undergrowth, rocks, miscellaneous debris, or any other foreseen or unforeseen objects that would interfere with the construction of this project. All debris removed from the site shall be disposed of off site. Trees to be removed under this contract will be flagged for removal at the beginning of the job by the city inspector. Any trees not flagged for removal shall be protected throughout the duration of the project. Trees suitable for chipping shall be chipped and stockpiled on site at a location designated by the City of Coppell Engineering Department. Measurement and Payment shall be made on the basis of the lump sum bid price, and shall include all necessary labor, materials and equipment to complete the project. 2. 2.3 Pay Item # I -3 — Furnish and Install 18" PVC Sanitary Sewer Pipe: Change: "2.3 Pay Item # I -3 — Furnish and Install 18" PVC Sanitary Sewer Pipe:" To: "2.3 Pay Item # I -3 — Furnish and Install 18" SDR -26 PVC Sanitary Sewer Pipe:" Add: "Embedment shall be class `D +' embedment in accordance with City of Coppell Standard Construction Detail SD20 with the exception that the rock shall be at least 6" below the pipe." The paragraph should read in its entirety as follows: 2.3. Pay Item # I -3 — Furnish and Install 18" SDR -26 PVC Sanitary Sewer Pipe: This pay Item shall consist of the installation of the 18" Sewer Pipe at the location and depth shown on the construction plans in accordance with these specifications, and the City of Coppell standard construction details. Embedment shall be class `D +' embedment in accordance with City of Coppell Standard Construction Detail SD20 with the exception that the rock shall be at least 6" below the pipe. Measurement and payment shall be on the basis bid for linear foot (LF) of pipe installed in place, and shall be total compensation for furnishing all labor, materials and equipment necessary to complete the line. No additional compensation will be made for excavation, bedding, embedment, backfill, or any other material necessary for the successful installation of the line, with the exception of Item I -4 below. WRITTEN QUESTIONS RECEIVED PRIOR TO 12:OOPM APRIL 23, 2004 1) What type of pipe are we to use, SDR -35 or SDR -26? See specification change above. Pipe material shall be SDR -26. 2) What type of embedment are we to use? See specification change above. Embedment shall be class D+ per detail SD20 of the City of Coppell Standard Construction Details with the exception that the rock shall be at least 6" below the pipe. 3) What is the proper procedure to abandon the existing manholes? Existing manholes shall be abandoned in accordance with the detail on sheet SD21 of the City of Coppell Standard Construction Details, with the additional requirement that the manhole be demolished to a point at least two feet (2') below the adjacent natural grade. 4) Are you going to require any slope protection on the creek bank at the aerial crossing? Contractor shall employ such means necessary to re- establish the bank on either side of the aerial crossing, and ensure stabilization of the bank until such time as permanent vegetation is established, this may require the use of a soil retention blanket, or other devices as required. This item is subsidiary to the pipe installation, and there will be no additional pay for this work. 5) The quantity of 18" is 1759', if you go by station # to station #there is only 1729'. It is only 30' but it is at a depth of 19' to 20' which could be a fair amount of money. Are you going to change the quantity? This item is a unit price item, and as such the contractor will be paid their unit price bid for the actual quantity installed, as measured in the field. 6) The quantity for piers is 60 VF, also we must penetrate 5' into rock, if we drill more than 60' will this be an over run of the item? This item is a unit price item, and as such the contractor will be paid their unit price bid for the actual quantity installed, as measured in the field. However, these bid documents require a penetration of six feet (6') into shale, and any inadvertent drilling in excess of that depth will be at the contractors expense. 7) What type of lining, if any is required for the section of Ductile Iron Pipe? The Ductile Iron Pipe shall be cement mortar lined on the inside with a bituminous coated outside as specified in the Standard Specifications for Public Works Construction - North Central Texas, as prepared by the North Central Texas Council of Governments. 8) What is the wall thickness required for the steel casing pipe? The steel casing pipe shall have a minimum wall thickness of 318 ". End of Addendum No. One. This addendum forms a part of the contract documents. The original Contract Documents and any prior addenda remain in full force and effect except as modified herein which shall take precedence over any contrary provisions in the prior documents. �QSE T Keith R. Marvin, P.E. *� , * * KEITH R...��* ..........��.......... SVD N AL — BIDDING AND DOCUMENTS NOTICE TO BIDDERS The City of Coppell is accepting bids for the construction of the COPPELL ROAD / SERVICE CENTER 18" Sanitary Sewer Line Installation - Project # SS 02 -01. Specifications may be obtained for a non - refundable cost of $35.00 from the Purchasing Agent, 255 Parkway Blvd., Coppell, Texas, or telephone (214) 304 -3698. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for the construction of the COPPELL ROAD / SERVICE CENTER 18" Sanitary Sewer Line Installation - Project # SS 02 -01 will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, until 2:00 p.m., April 27, 2004, and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No. Q- 0404 -01 designated clearly on the exterior of the bid envelope. Included with the bid there should be a completed Bid Affidavit and a Proposal Guaranty per Item 1.5 of the NCTCOG's Standard Specifications for Public Works Construction. The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. The Owner reserves the right to accept the alternate bid of a Contractor that did not submit the lowest base bid. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED. Bidders are expected to inspect the site of the work and to inform themselves regarding local conditions and conditions under which the work is to be done. Complete sets of bidding documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO OR MADE _ A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. (Note: This procedure may not be used, however, for materials which do not become a part of the finished product, such as, equipment rental _ or purchase, form materials, etc.). In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials (tangible personal property) in the space provided on the bid form. The successful bidder's bid form will be used to develop a separated contract and determine the extent of the tax exemption. The City of Coppell uses RFP Depot to distribute and receive bids and proposals. Responding Vendors agree to pay to RFP Depot a fee of one percent (1 %) of the total amount of all contracts for goods and/or services awarded to the Vendor. To assure that all Vendors are treated equally, the fee will be payable whether the bid/proposal is submitted electronically or by paper means. Refer to www.rfrdenot.com for further information. BIDDING AND CONTRACT DOCUMENTS 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard Specifications for Public Works Construction - North Central Texas latest addition, as prepared by the NCTCOG and the Supplementary Conditions of Agreement have the meanings assigned to them in these General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub - bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom the Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are: Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "ENGINEER" is used in the Specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized representative, City of Coppell, P.O. Box 9478, Coppell, Texas 75019. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. 2. Scope of Work. This work shall consist of the installation of approximately 1,900 linear feet of 18" sanitary sewer line from Coppell Road to east of Grapevine Creek and a 120 linear foot aerial crossing of Grapevine Creek. Work shall include all components necessary for the "turn key" construction of the COPPELL ROAD / SERVICE CENTER 18" Sanitary Sewer Line Installation - Project # SS 02 -01 as shown in the plans for #SS 02 -01, including but not limited to: clearing and preparation of the new alignment, demolition of the existing aerial crossing, erosion and sedimentation control, and final clean-up and re- establishing vegetation in the disturbed areas. 3. Copies of Bidding Documents. 3.1 Complete sets of the Bidding Documents may be obtained from the Purchasing Agent at the office of the City of Coppell, 255 Parkway Boulevard, Coppell, Texas for $35.00. The following general requirements pertain to the Bidding Documents: 1 -5 Bidding Documents A) No bidding documents will be issued later than two (2) days prior to the bid opening date. B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $15.00 per set. C) Bidding documents may be examined free of charge at the offices of the City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. D) The City of Coppell uses RFP Depot to distribute and receive bids and proposals. Responding Vendors agree to pay to RFP Depot a fee of one percent (1 %) of the total amount of all contracts for goods and/or services awarded to the Vendor. To assure that all Vendors are treated equally, the fee will be payable whether the bid/proposal is submitted electronically or by paper means. Refer to www.rfpdc op t.coni for further information. 3.2 Complete sets of Bidding Documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issued. 3.3 The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. 4. Qualifications of Bidders. The Bidder shall submit within five (5) days of the Owner's request such evidence as the Owner may require to establish his financial responsibility and possession of such equipment as may be needed to complete the work in an expeditious, safe and satisfactory manner. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience (within five [5] days if requested). A list of all projects presently under construction by the bidder including approximate cost and completion date shall be submitted upon request. B. Past Project Experience (required to be submitted with bid, see Section 7). The Bidder shall submit a list of comparable projects completed within the previous five years including contract information, location, approximate cost(s), and completion date(s). 1 - 6 Bidding Documents C. Equipment (within five [5] days if requested). The Bidder shall provide a list of equipment which will be used on this project. The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if any, that he must rent/lease as maybe required to complete this project. D. Financial (within five [5] days if requested). Each Bidder shall be prepared to submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement (current within the last six (6) months of bid date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. E. Technical Experience. The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. F. Proof that the bidder maintains a permanent place of business. 5. Conflict of Interest. City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1 %) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City — shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. 6. Examination of Contract Documents and Site. 6.1 Access to the site shall be from the street and right -of -way. It shall be the contractors responsibility before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make 1 -7 Bidding Documents these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to the OWNER. 6.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. 6.3 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 6.4 On request in advance, Owner will provide each Bidder access to the site to conduct explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former conditions upon completion of such explorations. — 6.5 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract documents. 6.6 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 6, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7. Interpretations and addenda. 7.1 All questions about the meaning or intent of the Contract Documents are to be directed to the Purchasing Agent. Interpretations or clarifications considered necessary by the Purchasing 1 -8 Bidding Documents Agent in response to such questions will be issued by Addenda mailed or delivered to all bidders recorded as having received the Bidding Documents. Questions received less than two days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Each Bidder shall acknowledge on the bid proposal that all Addenda issued have been received. 7.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. 8. Contract Time. 8.1 The time for completion in calendar days should be included on the Bid Form in the space provided. All work shall be complete within the calendar day count required by the Contractor's Proposal. The calendar day count shall commence ten (10) calendar days after the date of the Notice to Proceed or when the contractor begins work, whichever comes first. 8.2 Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule chart to the Owner for approval. 8.3 Extension of the contract time shall be based on a Change Order or written amendment as specified in Item 1.36 of the General Provisions. 9. Liquidated Damages. Provisions for liquidated damages are set forth in the Contract. Liquidated damages for this project are: Two hundred and forty dollars ($240.00) per day. 10. Substitute or "Or- Equal" Items. The Contract, if awarded, will be on the basis of materials and equipment described in the — Drawings or specified in the Specifications without consideration of possible substitute or "or- equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. 11. Subcontractors, Suppliers, and Others. 11.1 If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other 1 -9 Bidding Documents evidence of qualification for each such Subcontractor, supplier, person or organization if requested by the Owner. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. 11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against who Contractor has reasonable objection. 12. Bid Proposal. 12.1 Two (2) completed Bid Proposals must be submitted in a sealed envelope as described in Item 15. The blank spaces in the Bid Form shall be filled in for each item for which a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions from the plans and/or specifications will be accepted unless authorized in writing by the Owner. Bidders utilizing RFP Depot must provide Bid Bond and Bid Affidavit prior to the bid opening. 12.2 The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated on the Bid Form. A corporation Bidder must name the state in which the organization is chartered. Bids which are signed for a corporation shall have the correct corporate name thereof, its post office address, and the signature of the president or other authorized officer of the corporation, manually written below the corporate name in the following manner: "By 1. If the bid is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. If the bid is made by a firm or partnership, the name and post office address of the managing member of the firm or partnership shall be given or the bid may be signed by an attorney -in- fact. If signed by an attomey -in -fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members of the firm or partners. 1 -10 Bidding Documents 13. Provision Concerning Escalator Clauses. Bids containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, maybe rejected and returned to the Bidder without being considered. 14. Estimates of Quantities. The quantities listed in the Bid Schedule will be considered as approximate and will be used for the comparison of bids. Payments will be made to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for in the Contract Documents. 15. Submission of Bids. Bids will be received by the Purchasing Agent, and shall be submitted to the Purchasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019 until, 2:00 p.m., April 27, 2004 and then publicly opened and read aloud. Two identical copies of the bid enclosed in an opaque sealed envelope and marked with the Project title, City of Coppell Bid No. Q- 0404 -01 and the name and address of the Bidder shall be submitted. Included with the bid there should be a completed Bid Affidavit and a Proposal Guaranty per Item 1.5 of the NCTCOG's Standard Specifications for Public Works Construction. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED Construction of: "COPPELL ROAD / SERVICE CENTER 18" Sanitary Sewer Line Installation - Project # SS 02 -01" on the face of it and addressed to the Purchasing Agent, City of Coppell, Texas. Bidders utilizing RFP Depot must provide Bid Bond and Bid Affidavit prior to the bid opening. 16. Modification and Withdrawal of Bids. 16.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 16.2 If, within twenty -four hours after the Bids are opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified from further bidding on the work. 17. Rejection of Bids. Bids may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without 1 -11 Bidding Documents qualification(s). More than one bid from an individual, firm or partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. Bids submitted without a Proposal Guaranty, per NCTCOG's Item 1.5 of the Standard Specifications for Public Works Construction will be rejected. 18. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid prior to that date. 19. Award of Contract. 19.1 The Owner reserves the right to reject any and all Bids, to waive any and all informalities except for the time of submission of the Bid and to negotiate contract terms with the Successful Bidder. The Owner also reserves the right to reject all nonconforming, non - responsive, unbalanced or conditional Bids. Also, the Owner reserves the right to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or has doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 19.2 In evaluating Bids, the owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, completion time, and other data, as may be requested in the Bid form or prior to the Notice of Award. Time of completion will be a consideration in the award of the bid. 19.3 The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 19.4 The Owner may conduct such investigations as the owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and famish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 1 -12 Bidding Documents 19.5 If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. 19.6 If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of Award within ninety (90) days after the date of the Bid opening. 20. Execution of Agreement. Within fifteen (15) days after written notification of award of the contract, the Successful Bidder shall execute and furnish to the Owner three (3) original signed contracts and a Certificate of Insurance. 21. Affidavit of Bills Paid. Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and that there are no claims pending. 22. Bid Compliance. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. 23. Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the — Contractor requesting that he proceed with the construction. The calendar day count on the project shall commence within ten (10) calendar days after the date of Notice to Proceed or when the contractor begins work, whichever occurs first. 24. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the construction contract, the successful bidder shall provide a per item breakdown of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. 1 -13 Bidding Documents 25. Silence of Specification. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. 26. Change Orders. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the Owner. 27. Assignment. The Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Owner. 28. Venue. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Dallas County, Texas. 29. Maintenance Bond. The Contractor shall provide a two year Maintenance Bond in the amount of 50% of the value of the work at the completion of the project. The bond must be provided prior to final payment by the City. 1 -14 Bidding Documents BID FORM pgojECT IDENTIFICATION COPPELL ROAD / SERVICE CENTER 18" Sanitary Sewer Line Installation Project # SS 02 -01 in Coppell, Texas BIDOF J QD$ �Obtra 013 . �—' 1C. DATE 4 a'7 -o (NAME OF FIRM) TI IIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) c/o Purchasing Agent 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 CITY OF COPPELL BID NO: Q- 0404 -01 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and famish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. - BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER'S Notice of Award. In submitting this Bid, BIDDER represents, as more fully set forth in the .Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): No: -1 Date: 4 -2 3 -o il Rec'd: 14 - 23 -o N 1-15 Bidding Documents (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. BIDDER has studied carefully all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site, which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding _ sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (1) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 1 -16 Bidding Documents (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. (j) It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for in the Contract Documents. 4. It is understood and agreed that all work under this contract will be completed within the bid calendar days. Completion date will be established in the Notice to Proceed. It is understood that time of completion will be a consideration in the award of the bid. 5. It is understood and agreed that the contractor's experience in this type of work will be a strong consideration in the award of the bid. 6. It is strongly recommended that each bidder visit the site prior to submitting a bid. Construction constraints exist along the length of the project that could affect productivity. 7. BIDDER will complete the Work for the following price(s): 1-17 Bidding Documents COPPELL ROAD / SERVICE CENTER 18" SANITARY SEWER LINE PROJECT # SS 02 -01 UNIT PRICE BID SCHEDULE 1.18 Bidding Documents Quantity Unit Description and Price in Words Unit Total Price Price I 1 LS Mobilization &Demobilization Complete in Place for F J66and Sir NuA Oollars and N D Cents per Lump Sum. Oo 5 (000 Ob 1 LS Clearing & Site Preparation Complete in Place for N /h{ ThOuS .nom Dollars and No Cents 1 per Lump Sum. q, 000 ° b q, DOo 3 1759 LF Furnish and Install 18" PVC Sanitary Sewer Complete in Place for ro4t -TuiJO Dollars and NQ Cents per Linear Foot. q/1 q 60 LF Bore and Jack 30" Casing Pipe Complete in Place for 1 '& Nuhrjrril�({,iVty Five Dollars and hl Cents per Linear Foot. a 35. cu 147 100 � 1 EA Tie Existing 6" Lateral into New Line Comple in Place for P'Vt R'Lnd "e Dollars L and A/ Cj Cents per Each. e.0- 5-00 Shoo 1.18 Bidding Documents COPPELL ROAD / SERVICE CENTER 18" SANITARY SEWER LINE PROJECT # SS 02 -01 UNIT PRICE BID SCHEDULE — o. Quantity Unit Description and Price in Words Unit Price Total Price 6 4 EA Construct 5' Diameter Manhole Complete in Place for l'i've ThocA cl Dollars and A16 Cents OD — er Each. 00 _5 coo — a 0 000 7 1 EA Construct 5' Diameter Drop Manhole Complete in Place for �ty�Thouca,ti(Stye fltttiln+ (l r 5b�ll�ars — and XQ Cents p er Each. S 750 00 5 -7 57 p0 — -8 1759 LF Furnish & Install Trench Safety System Complete in Place for TWO Dollars and u O Cents — er Linear Foot. (P Coo 00 3 9 4 EA Cut & Plug Existing Sewer Line — Complete in Place for Eight HU"ry'd Dollars _ and No Cents erEach. 0 0 g00. — a ✓110)00 10 1 EA Tie into Existing 18" Stub - out — Complete in Place for -29h—T [�Mdr)ed Dollars _ and [./0 Cents erEach. gX. O-O goo °° _. /_19 Bidding Documents COPPELL ROAD / SERVICE CENTER 18" SANITARY SEWER LINE PROJECT # SS 02 -01 UNIT PRICE BID SCHEDULE is t7 Quantity .1 r 126 2 Unit Description and Price in Words Unit Price Total Price VF 18" Piers Complete in Place for C {'16 1hi d rPid Tiye 1 Dollars and _ N o Cents Y 1 600 q 0-0- per Vertical Foot. M o 00 n a / EA Pier Cap and Bracing Complete in Place fqqr Cne housahq FAve fllandr D Aic+ ollars Comp in Place for and Cents oo 6) 300 SO per Each. and N o Cents p� 0 D 1 LF Furnish & Install 18" Ductile Iron Sanitary Sewer Complete i p Place for O r Dollars and IVO Cents per Linear Foot. 00 /�� ( "` n sa ob LS Remove & Dispose of Existing Aerial Crossing Complete in Place for f10UK 7 hQL /S(1/tj Dollars and No Cents Y 1 600 q 4 bo p er Lump Sum. EA Abandon Existing Manhole Comp in Place for One ) ha 0n Dollars and N o Cents p� 0 D 1 a, LID - per Each. 1 -20 Bidding Documents COPPELL ROAD / SERVICE CENTER 18" SANITARY SEWER LINE PROJECT # SS 02 -01 UNIT PRICE BID SCHEDULE I I J TOTAL BID ITEMS BID I -1 thru I -17 TANGIBLE PERSONAL PROPERTY COST $ a oa, $ aoa, 1 -21 Bidding Documents Quantity Unit Description and Price in Words Unit Price Total Price 6 1 LS Fumish, Install, Maintain and Remove Erosion Control Devices Complete in Place for Qht houSC�nd Dollars -- and f Cents per Lump Sum. 8t Op D O ¢, U 17 1 LS Fumish, Install, Water and Fertilize Bermuda Grass Seed until Established Complete in Place for P 1V,e T h oU ,�iand Dollars and W p Cents °6 0 per Lump Sum. 5 000 '5 , ooh � I I J TOTAL BID ITEMS BID I -1 thru I -17 TANGIBLE PERSONAL PROPERTY COST $ a oa, $ aoa, 1 -21 Bidding Documents BID SUMMARY TOTAL PRICE TOTAL BID ITEMS BID — In Words: T l 1 -1 lhru 1 -17 s 0� o3�p ° O CALENDAR DAYS "I 0 6. BIDDER agrees that all Work awarded will be completed within q Calendar Days. Contract time will commence to run as provided in the Contract Documents. 7. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. S. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in the Contract Price (see Instructions to Bidders). 9. The terms used in this Bid which are defined in the General Conditions of the Constriction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Che City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract -quantities will be adjusted accordingly. v PROPOSAL GUARANTY SHALL BE PROVIDED IN ACCORDANCE WITH Item 1.5 — of the NCTCOG Standard Specifications for Public Works construction. SUBMITTED ON N61 W7 , A ci.4 1 -22 Bidding Documents BID AFFIDAVIT The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be ninety (90) calendar days from the date of the bid opening. r� STATE OF J runs COUNTY OF ME, the undersigned authority, a Notar Public in and for the State o �� s BEFORE _ personally appeared W 5 Ve /a_ sg ..e_ n on this day Name O who after being by me duly swom, di and say: ` CA am a duly authorized office /agent for Name Name of Fvm and have been duly authorized to execute the foregoing on behalf of the said F 0 / GX l O1A 1,a C- 4 0 S —L;% Name ojfirm 'hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or ndividual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly oncemed in any pool, agreement or combination thereof, to control the price of services/ ommodities bid on, or to influence any individual(s) to bid or not to bid thereon." lame and Address of Bidder: I I M I C It, Tkl aw. 7 Telephone: (9-7 . ) 7j.9- U2t, b • Y ul has ul title: LA., !o,- Signature: "LIBSCRIBED AND SWORN to before me by the above named -an this the 1 T=' day of a � 'S V — - Z 20 0 Notary Public in and for the State of )txs5 •�� ~�. •'hIS `uaE0.9HANrp fw.GQ, ^!SSIONEXPIRES I -23 Bidding Documents If BIDDER IS: An Individual By (Individual's Name) doing business as Business address A Partnership By (Firm Name) Phone No. Seal) ` (General Partner) Business address No. A Corporation T - 09 �i —�— By lot4rwG4 Lr`c (Corporation Name) I- - I_ — By L _ (Corporate _ Business address sr (State of Incorporation) S �4 f aS utZ (Name of pe on authorized to sign) (Title) - A Joint Venture By - By JI oFkcaN f S7 �(o04 Phone No. 97 J 7a3 - F 7 O (Name) (Address) (Name) (Address) [ach joint venture must sign. The manner of signing for each individual, partnership and corporation that is a partner to - die joint venture should be in the manner indicated above.) 1 -24 Bidding Documents PREVAILING WAGE RATES Air Tool Operator . ............................... 9.00 Asphalt Raker ..... ............................... 9.55 Asphalt Shoveler .. ............................... 8.80 Batching Plant Weigher ........................11.51 Carpenter .......... ............................... 10.30 Concrete Finisher - Paving ...................... 10.50 _ Concrete Finisher - Structures ................... 9.83 Concrete Rubber .. ............................... 8.84 Electrician .............. .......................... 15.37 Flagger.................. ........................... 7.55 Form Builder - Structures ........................ 9.82 Form Liner - Paving and Curb .................. 9.00 Form Setter - Paving and Curb .................. 9.24 Form Setter - Structures ......................... 9.09 Laborer - Common . ............................... 7.32 Laborer - Utility .... ............................... 8.94 Mechanic .......... ............................... 12.68 _ Oiler ............... ............................... 10.17 Servicer............ ............................... 9.41 Painter - Structures ............................... 11.00 Pipe Layer ......... ............................... 8.98 Blaster............. ............................... 11.50 Asphalt Distributor Operator .................. 10.29 Asphalt Paving Machine ..................... 10.30 _ Broom or Sweeper Operator .................... 8.72 Bulldozer ........ ............................... 10.74 Concrete Curing Machine ...................... 9.25 Concrete Finishing Machine .................. 11.13 - Concrete Paving Joint Machine ............... 10.42 Concrete Paving Joint Sealer .................. 9.00 Truck Driver Lowboy/Float ................... 10.44 Truck Driver - Transit Mix ...................... 9.47 Truck Driver- Winch ............................ 9.00 Vibrator Operator -Hand Type .................. 7.32 Welder ............ ............................... 11.57 Concrete Paving Saw . ............................... 10.39 Concrete Paving Spreader . ..........................10.50 Slipform Machine Operator .......................... 9.92 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel ........................... 11.04 Foundation Drill Operator Crawler Mounted..... 10.00 Foundation Drill Operator Truck Mounted ....... 11.83 Front End Loader ...... ............................... 9.96 Milling Machine Operator ........................... 8.62 Mixer................... ............................... 10.30 Motor Grader Operator Fine Grade ............... 11.97 Motor Grade Operator ............................... 10.96 Pavement Marking Machine ......................... 7.32 Roller, Steel Wheel Plant -Mix Pavements ......... 9.06 Roller, Steel Wheel Other Flatwheel or Tamping.......... ............................... 8.59 Roller, Pneumatic, Self- Propelled .................. 8.48 Scraper................... ............................... 9.63 Tractor - Crawler Type ............................... 10.58 Tractor - Pneumatic ..... ............................... 9.15 Traveling Mixer ........ ............................... 8.83 Wagon - Drill, Boring Machine ..................... 12.00 Reinforcing Steel Setter Paving .................... 13.21 Reinforcing Steel Setter Structures ................ 13.31 Steel Worker- Structural ............................ 14.80 Spreader Box Operator .............................. 10.00 Work Zone Barricade .. ............................... 7.32 Truck Driver - Single Axle Light ..................... 8.965 Truck Driver - Single Axle Heavy .................... 9.02 Truck Driver - Tandem Axle Semi Trailer ......... 8.77 1 -25 Bidding Documents SECTION 2 CONTRACT DOCUMENTS STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the — a 7-' " day of in the year 2004 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and FOX CONTRACTORS, INC. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This work shall consist of the installation of approximately 1,900 linear feet of 18" sanitary sewer line from Coppell Road to east of Grapevine Creek and a 120 linear foot aerial crossing of Grapevine Creek. Work shall include all components necessary for the "turn key" construction of the COPPELL ROAD / SERVICE CENTER 18" Sanitary Sewer Line Installation - Project # SS 02 -01 as shown in the plans for SS 02 -01, including but not limited to: clearing and preparation of the new alignment, demolition of the existing aerial crossing, erosion and sedimentation control, and final clean-up and reestablishing vegetation in the disturbed areas. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Construction of the COPPELL ROAD / SERVICE CENTER 18" SANITARY SEWER LINE PROJECT # SS 02 -01 Article 2. ENGINEER. The Project has been designed by the City of Coppell Engineering Department. Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 2 -2 Contract Documents Article 3. CONTRACT TIME. 3.1. The Work will be completed within 90 calendar days from the date when the Contract time commences to run as provided in Item 1.13 of the General Provisions, and completed and ready for final payment in accordance with Item 1.51 of the General Provisions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Item 1.36 of the General Provisions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for daily (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred forty and no /100 dollars ($240.001 for each day that expires after the time specified in paragraph 3.1 for Completion until the Work is complete. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 Proposal and Bid Schedule. The contract sum shall be the amount of $ 202,036.00 The total tangible personal property cost included in the contract sum is $ 202,036.00 Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 1.51 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 2 -3 Contract Documents 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated in Item 1.51.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 1.52 of the General Provisions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 1.51.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Item 1.51.4. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 1.3 of the General Provisions, and accepts the determination set forth in Item SC -1.20 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 1.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 2 -4 Contract Documents 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 1.3, 1.20 and 1.21 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACTOR DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 2 -2 thru 2 -7, inclusive). 8.2. Exhibits to this agreement (immediately following this Agreement, inclusive). 8.3. Certificate of Insurance. 8.4. Notice of Award. 8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction, NCTCOG, latest edition. 8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 3 -2 thru 3 -10). 8.7. Specifications bearing the title: "Construction Specifications and Contract Documents for the COPPELL ROAD / SERVICE CENTER 18" SANITARY SEWER LINE PROJECT # SS 02 -01 for the City of Coppell ". 8.8. Drawings entitled: " COPPELL ROAD / SERVICE CENTER 18" SANITARY SEWER LINE PROJECT # SS 02 -01 2-5 Contract Documents 8.9. All addenda. 8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section I - Bidding Documents. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 1.37 and 1.38 of the General Provisions. 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 1.37 and 1.38 of the General Provisions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 1.0 of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party — sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (expect to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 2-6 Contract Documents Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on J�ncu. 0 7 2004. OWNER: City of Coppell 255 Parkway Boulevard Connell. TX 75019 TITLE: / tin Witt, City Manager CONTRACTOR: Fox Contractors, Inc. P.O. Box 951 Midlothian, TX 76065 BY: TITLE: ATTEST: Address for giving notices: P.O. Box 9478 Coppell, Texas 75019 Attn: Ken Griffin, P.E. Dir. of Engineering/Public Works (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) Address for giving notices: t1 o. A., 9si Atidlo+Atan 114 7(o0(oS (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 2 -7 Contract Documents Certificate of Insurance After award of contract, Contractor will provide Owner With Certificate of Insurance which will be executed and bound here with final documents. 2-8 Contract Documents ACORD CERTIFICATE OF LIABILITY INSURANCE 05 DATE (MMID /19 /04 DnvrY) PRODUCER adenhead Shreffler Insurance O. Box 1119 .;edford, TX 76095 1 817 589 -4500 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # ISURED Fox Contractors, Inc. PO Box 951 Midlothian, TX 76065 -0951 INSURERA'. Bituminous Casualty Corp 20095 I INSURER B: Interstate Fire & Casualty 22829 INSURER c: Texas Mutual Ins. Co. 22945 NSURERD: GENERAL LIABILITY INSURER E: 05/10/04 Cn%1IcDAGFC — THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION R [N R kDD' NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY CLP3188876 05/10/04 05/10/05 EACH OCCURRENCE $1000000 OHMAGE PREMISE (RENTED OcCuTence, $100, X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $1 0,000 CLAIMS MADE O OCCUR PERSONAL B ADV INJURY $1,000, *As required by X *Blkt AI/WOS GENERAL AGGREGATE $2 000 000 written contract GEN'LAGGREGATELIMITAPPLIESPER: IO PRODUCTS - COMPPAGG $2000000 L POLICY X PRO LOG ECT t AUTOMOBILE LIABILITY ANY AUTO CAP3188875 05/10104 05110/05 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ L ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ L HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ *As required by written contract X *Blkt AI/WOS L GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG t3 EXCESS /UMBRELLALIABILITY UM01606069 05/10/04 05/10/05 EACH OCCURRENCE $2000000 AGGREGATE $2 000 000 7 X OCCUR F7 CLAIMS MADE $ $ DEDUCTIBLE $ X RETENTION $ 5000 WORKERS COMPENSATION AND TSF0001131265 05110/04 05/10/05 X WCSTATU- OTH- ER E.L. EACH ACCIDENT $500,000 EMPLOYERS' LIABILITY * BIkt WOS ANY PROPRIETOR/PARTNEWEXECUTIVE OFFICERWEMBER EXCLUDED? *As required by E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 Ifyes, describe under SPECIAL PROVISIONS below written contract OTHER L ESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS IE: Coppell Road /Service Center, 18" Sanitary Sewer Line, L ro;ect# SS 02.01 ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION IEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10_ DAYS WRITTEN TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED ftEPRESENTATIVF - 1 +�jACA(�tIVN/ (/ D l/ © - CORD CORPORATION 1988 ,CORD 25 (2001108) 1 of 2 #M29231 City of Coppell L Attn: Kenneth Griffin P.O. Box 9478 L Coppell, TX 75019 ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION IEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10_ DAYS WRITTEN TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED ftEPRESENTATIVF - 1 +�jACA(�tIVN/ (/ D l/ © - CORD CORPORATION 1988 ,CORD 25 (2001108) 1 of 2 #M29231 L L IMPORTANT L If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). L If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate L holder in lieu of such endorsement(s). L DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between L the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. L L L L L L L L L CORD 25 -S (2001108) 2 of 2 #M29231 General Instructions For Bonds A. The surety on each bond must be a responsible surety company which is qualified to do business in Texas and satisfactory to the Owner. B. The name, and residence of each individual party to the bond shall be inserted in the body thereof, and each such party shall sign the bond with his usual signature on the line opposite the scroll seal, and if signed in Maine, Massachusetts or New Hampshire, an adhesive seal shall be affixed opposite the signature. C. If the principals are partners, their individual names will appear in the body of the bond, with the recital that they are partners composing a firm, naming it, and all the members of the firm shall execute the bond as individuals. — D. The signature of a witness shall appear in the appropriate place, attesting the signature of each individual party to the bond. E. If the principal or surety is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. F. The official character and authority of the person or persons executing the bond for the — principal, if a corporation, shall be certified by the secretary or assistant secretary according to the form attached hereto. In lieu of such certificate, records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies. G. The date of this bond must not be prior to the date of the contract in connection with which it is given. 2 -9 Contract Documents Bond # TXIFSUO284519 PERFORMANCE BOND STATE OF TEti4S J COUNTY Of DALLAS } KNOW ALL MEN BY THESE PRESENTS: That Fox Contract Inc. whose address is PO Box 951 : Mi dlothi an, TX 76065 hereinaficr called Principal, and Inte F idelity I nsurance Comp a corporation organized and cxisting under the laws of the State of New Jersey , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing tinder the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of Two Hundred T w o Thousand, Thirty Six and No /100 ----- --------------------------- ------------------------ - --- -- DOLLARS (5 202,036.00 ) in ]awful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal suit of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppcll, the Beneficiary, dated the 0 12L of A.D. 20 61 , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: COPPELL ROAD / SERVICE CENTER 18" SANITARY SEWER LINE PROJECT # SS 02 -01 Bid No. Q- 040401 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perfono and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and /or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and Final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shalt remain in full force and effect. 2 -10 Contract Documents PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. _ AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and ad ees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in anyway _ affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the tens of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may he had in matters arising out of such suretyship, as provided by Article 7.19 -1 of the insurance Code, Vernon's Annotated Civil Statutes of the Slate of Texas. IN WITNESS WHEREOF, this instrument is executed in Three copies, each one of which shall be deemed an original, this the �� day of � , 2064. PRINCIPAL SURETY Fox Co tractors, Inc. International Fideli In ranee Co mpany By: By. } - - -- Title: Title: Attorney -In - Fact �- Resident Agent of the Surety in Dallas or Denton County, ATTES Texas, for delivery of notice and service of pr 'es NAME: Dan Wolfe ADDRESS: 8144 Walnut Hi La ne, Suite 693: Dallas, TX 75231 NOTE. lfRacirlent Agent is not corporation, give person's name. 2 -11 Contract Documents Bond # TXIFSUO284519 PAYMENT BOND STATE OF TEXAS COUNTY OF DALLAS — KNOW ALI. MEN BY THESE PRESENTS: That Fox Contractors, Inc. whose address is PO Box 951: Midlothian, TX 76062 hereinafter called Principal, and Internati Fid Insurance C ompany a corporation organized and existing under the laws of the State of New Jersey and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the Statc of Texas, hereinafter called 'Beneficiary ", in the penal sum of Two Hundre Two Thousand Thirty Six and No /100 ------------------------------------ ----- ------ DOLLARS (S 202,036.00 ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, dated the a� of A. D. 20 O which is made a part hereof by reference, for the construction of public improvements that are generally described as follows: Construction of the: COPPELL ROAD / SERVICE CENTER 18" SANITARY SEWER LINE PROJECT # SS 02 -01 Bid No. Q0404 -01 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any 2 -12 Contract Documents such change, extension of time, alteration or addition to the temis of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Article 5160 of Vemon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. _ The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19 -1 of the insurance Code, Vemon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in Three copies, each one of which shall be deemed an original, this the day of 200_�. PRINCIPAL Fox Contr fic— forrs, ,Inc - By: Y Title: �4 SURETY International Fid elity Insurance Company By: — — Title: Attorney -In -Fact ATTEST: ATTEST_ The Resident Agent of the Surety in Dallas or Denton County, Texas, for delive of notice and service of the process is: NAME: Dan Wol _ ADDRESS: 8144 Walnut Hil Lane, S 6 Dallas, TX 75231 NOIL. Date of Perjormarce Band nuot be date - of - Contract. Ij Resident Agent is trot a corporation, give a person's name. 2 -13 Contract Documents Bond # TXIFSUO284519 MAINTENANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT Fox Contractors, Inc. PO Box 951: M Tx 76065 as Principal, and International Fi delit y Insurance Company a corporation organized under the laws of New Jersey as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Coppell a Municipal Corporation, Texas, the sum of One Hundred One Thousand Eigh and No /100 ------------------ - - - - -- Dollars and _ Cents (S 101,018.00 ) , for the payment of which sum will and truly be made unto said City of Coppell and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. s pIt ation is conditioned; however, that whereas, the said Fox Contractor has this day entered into a written contract with the said City of Coppell _ to build and construct Coppell Ro /Service Center 18" Sanitary Sewer Line Project #SS 02 -01 which contract and the plans and specifications therein mentioned, _ adopted by the City o Coppell are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and /or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have frill force and effect, and said City Coppell shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for 2 -14 Contract Documents _ successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said has _ caused these presents to be executed by and the said Inter national Fidelity Insu Company has caused these presents to he executed by its Attorney in fact and the said Attorney in fact _ D iana K. W _ has hereunto set his hand, the _�. _ day of May _ 20 04 PRINCIPAL SURETY Fox CQkitractors, Inc._ ..`/ International Fide lity Insuran Company BY "T -- HY t Title: Title: Attorney -In -Fact _ WLTNESS. ATTEST: NOTE. Uate of Mninrencmce Bond must rm( he prfnr to date of Conlract. 245 Contract Documents Tel (973) 624 - 722rn 000 � il\ POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and exii laws: of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute an appoint fICHAEL D. HENDRICKSON, WILLIAM B.,:.CADENHEAD, DIANA K. WILLIS, BECKY L. BRAHIIM Urst, TR.S:: is true and lawful attorney(s)- infact to execute, seal and deliver for and: on its behalf as surety, any and all bonds and undertakings contracts of indemrdt cum AN r,: as tr ano amply, to all intents ana purposes, as it the same had been duly executed .. and acknowledged by its regularly .elected officers a principal office. This Power of Attomey is executed, and may be revoked "pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCK COMPANY at a meeting called and held . on the 7th day of February 1 The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize . them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of mdemmry and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney in fact and revoke the authority given. - Further, this Power of Attorney is signed and seated by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: J and and CE t its Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindmg upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 31st day of August,.A.D. 1998. INTERNATIONAL FIDELITY INSURANCE CO STATE OF NEW JERSEY t��r County of Essex Vice -Pr ident On this 31 at day of August 1998, before me came the individual who executed me preceding instrument, to me versonally known, and, being by me duly - sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY IN SURANCE COMPANY that the: seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. - �AR06 IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,. �P•� at the City of Newark, New Jersey the day and year first above written. CO O NOTARY PUBLIC.. �'JER A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2005 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I:have compared the foregoing . copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power. of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the.: same are correct transcripts, thereof, and of the whole of the said originals, and that the said Power..... of Attorney has not been revoked and is now in full force and effect - IN TESTIMONY WHEREOF;. I [Live hereunto art my hand this day of Assistant Secretary.. IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may call International Fidelity Insurance Company's toll -free telephone number for information or to make a complaint at: 800 - 333.4167 You may also write to International Fidelity Insurance Company at: Attn: Claims Department One Newark Center, 20 Floor Newark, NJ 07102 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800 - 252 -3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714 -9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, effective September 1, 2001. SECTION 3 STANDARD SPECIFICATIONS SUPPLEMENTARY CONDITIONS CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD GENERAL PROVISIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, NORTH CENTRAL TEXAS, LATEST ADDITION, PREPARED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. PART I: GENERAL PROVISIONS - DIVISION 1 PROPOSAL REQUIREMENTS ITEM 1.0 - SC -1.0 En ig neer The word "Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 9478, Coppell, TX 75019, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. Owner The word "Owner" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. Calendar Dav Add the following sentence to the end of the working days definitions: "Hours worked before 8:00 a.m. or after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request or scheduled testing must be made in writing and approved by the City of Coppell. Seventy-two hours notice required. All overtime incurred by the City for inspection services shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments." All other terms used in these Supplementary Conditions which are defined in the General Provisions shall have the same meanings used in the General Provisions. ITEM 1.15 - SURETY BONDS SC -1.15 Add following sentence to Item 1.15 (A): "Maintenance Bond shall be required in the amount of 50% of the cost of the public improvements for a 2 year period." 3 -2 Standard Specifications Supplementary Conditions ITEM 1.16 - NOTICE TO PROCEED SC -1.16 Add following sentence to end of Item 1.16. "Before Contractor starts the Work at the site, a conference attended by Contractor, Engineer and others as appropriate will be held to discuss the schedules referred to in Items 1.22.5, 1.28 and 1.51.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work." ITEM 1.19 - PRIORITY OF CONTRACT DOCUMENTS SC -1.19 Add the following language at the end of the Item 1.19: "If there is any conflict between the provisions of the Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications, manuals or codes." ITEM 1.20 - CORRELATION AND INTENT OF DOCUMENTS SC- 1.20.1 Amend the first sentence of Item 1.20.1 by changing "such copies" to be "five copies ". Add the following to the end of Item 1.20.1: "In the preparation of Drawings and Specifications, ENGINEER has established and relied upon the following reports of explorations and tests of subsurface conditions at the site of the work: No geotechnical explorations or tests of subsurface conditions have been performed. The Contractor may take borings at the site to satisfy himself as to subsurface conditions." SC- 1.20.5 Add the following new Item 1.20.5 immediately after Item 1.20.4: "1.20.5 Existing Utilities and Sewer Lines The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by the construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRACTOR 3 -3 Standard Specifications Supplementary Conditions shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense. If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by the performance of this contract." ITEM 1.22 - CONTRACTORS RESPONSIBILITIES SC- 1.22.5 Amend the first sentence of Item 1.22.5 by adding the following at the beginning of the sentence: "If requested by Owner, Engineer or Contractor ". ITEM 1.24 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY SC- 1.24.2.1 Add the following new Item 1.24.2.1 immediately after Item 1.24.2: "1.24.2.1 Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER, ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall promptly attempt to settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and Consulting Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate Contractor against OWNER, ENGINEER or Consulting Engineer to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the performance of work be any separate Contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER or Consulting Engineer or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER, ENGINEER or Consulting Engineer on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Item 1.36. An extension of the Contract Time shall be CONTRACTOR's exclusive 3 -4 Standard Specifications Supplementary Conditions remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor." ITEM 1.26 - INSURANCE SC- 1.26.6 Add the following new item: "1.26.6 If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR." SC- 1.26.7 Add the following new item: "1.26.7 CONTRACTOR intends that any policies provided in response to Item 1.26 shall protect all of the parties' insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same." ITEM 1.27 - MATERIALS AND WORKMANSHIP• WARRANTIES AND GUARANTEES SC- 1.27.4 Amend the first sentence of Item 1.27.4 to change the words "one year" to "two years" ITEM 1.32 - WORKING AREA: COORDINATION WITH OTHER CONTRACTORS; FINAL CLEANUP SC- 1.32.1 Delete Item 1.32.1 in its entirety and insert the following in lieu thereof: "Construction stakes /surveying shall be provided by the CONTRACTOR. Vertical control has been established as shown on the construction plans. Horizontal control can be established from existing inlets, street intersections or other utilities indicated on the construction plans. The Contractor shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the 3 -5 Standard Specifications Supplementary Conditions requirements of the construction documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and the lines and grades given therein." ITEM 1.33 - OTHER CONTRACTORS; OBLIGATION TO COOPERATE SC -1.33 Delete the last sentence of the second paragraph and substitute the following in lieu thereof: "In such event, Contractor shall be entitled to an extension of working time only for unavoidable delays verified by the Engineers, as provided in Item 1.36; however, no increase in the contract price shall be due the Contractor." hisert the following sentence at the end of the second paragraph of Item 1.33: "The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR of such related work except as provided in Item 1.36." ITEM 1.36 - DELAYS; EXTENSION OF TIME• LIQUIDATED DAMAGES SC -1.36 _ Add the following at the end of the last paragraph in Item 1.36: "No extension of the contract time shall be allowed unless the CONTRACTOR can demonstrate the delay caused an adverse impact to the critical path and that loss of time can not be made up by revising the sequence of the work of the project." ITEM 1.37 - CHANGE OR MODIFICATION OF CONTRACT SC -1.37 1.37.1 Amend the last sentence in Paragraph two of Item 1.37.1 to delete the following "except as provided below." Add the following sentence to the end of paragraph two in Item 1.37.1. The unit price of an item of Unit Price Work shall be subject to re- evaluation and adjustment under the following conditions: 3 -6 Standard Specifications Supplementary Conditions ITEM 1.49 - OWNER'S, EMPLOYEES OR AGENTS SC- 1.49 -2 Replace Item 1.49.2 with the following new paragraph: "1.49.2 Conflict of Interest City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1 %) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor." ITEM 1.58 - STATE AND LOCAL SALES AND USE TAXES SC -1.58 Delete Item 1.58 and substitute the following in lieu thereof: "1.58 Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty. It is still possible, however, for a contractor to make tax -free purchase of tangible personal property, which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one, which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials, which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the city for those materials. (This procedure may not be used, however, for — materials, which do not become a part of the finished product. For example, equipment rentals, form materials, etc. are not considered as becoming "incorporated" into the project). Utilization of this "separated contract" approach eliminates the need for bidders to figure in sales tax for materials, which are to be incorporated into the project. The successful bidder's bid form will be used to develop the "separated contract" and will determine the extent of the 3 -7 Standard Specifications Supplementary Conditions tax exemption. Upon execution of the construction contract, the contractor shall furnish a breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project." PART II: MATERIALS - DIVISION 2 MATERIALS ITEM 2.1.5 - TRENCH BACKFILL (b) Types 'B" and "C" (4) Additional Requirements (B) Additional Requirements for Type "C" backfill when used in streets: Insert the following paragraph at the beginning of this subsection: "All trench backfill shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D -698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods unless otherwise specified in the Plans. Water jetting maybe used only with specific written permission of the Engineer." ITEM 2.1.6 - RIPRAP OR STONE MASONRY (b) Materials and Dimensions (4) Mortar Riprap. Add the sentence: "Mortar or concrete type shall be approved by the Engineer and shall conform to A.S.T.M. C 387 -83." ITEM 2.1.7 - PIPE BEDDING MATERIAL FOR STORM SEWERS: (a) General: Amend the first sentence, by striking the words "requirements for earth bedding" and replace with "recommendations of the pipe manufacturer, and shall be approved by the Engineer ". (b) Earth Bedding: Add the following sentence at the beginning of this paragraph: "Earth bedding will not be permitted without written approval of the Engineer." ITEM 2.2.2 - CHEMICAL ADMIXTURES (d) Mineral Admixtures. Delete paragraph (d) in its entirety. The use of Fly Ash as an admixture in any Class of concrete is specifically prohibited without written approval of the Engineer. 3 -8 Standard Specifications Supplementary Conditions PART III CONSTRUCTION METHODS DIVISION 3 - SITE PREPARATION ITEM 3.1.2 - CONSTRUCTION METHODS — Add the following sentence after the second sentence: "The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer." ITEM 3.7.3 - DENSITY — Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D -698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." PART III DIVISION 4 - SUBBASE AND BASE COURSES ITEM 4.8.4 - CONSTRUCTION METHODS (b) Compaction Amend the last sentence of the first paragraph, by striking the words: "90 percent of the — maximum dry density of such material." and replace with the words "95 percent of the maximum dry density of such material, or as directed by Engineer. PART III DIVISION 5 - PAVEMENT /SURFACE COURSES ITEM 5.8.2 - CONSTRUCTION METHODS (e) Joints (1) Expansion Joints: Delete the first paragraph and replace with the following: "Expansion joints shall be installed perpendicularly to the surface and centerline of the pavement. Expansion Joint material shall be redwood boards, 3/4 -inch in width, and extended through curbs. Expansion joints are to be installed at each end of radius at street intersections. Expansion joints shall be equally spaced between intersections with not less than one every 200 linear feet of pavement, unless otherwise specified on the Plans or directed by the Engineer. (C) Proximity to Existing Structures: Add to end of sentence, "or as directed by the Engineer ". 3 -9 Standard Specifications Supplementary Conditions (2) Contraction Joints. Delete the first sentence of the first paragraph and insert the following: "Contraction or dummy joints shall be sawed to 1 -1/4 inches in depth, and 1/4 inch in width, and installed every 20 linear feet of pavement, and extend through curb, unless otherwise directed by the Engineer." (h) Finishing. (1) Machine. Add the following paragraph at the end of this subsection: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." (2) Hand. Add a new paragraph after first paragraph which reads as follows: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." PART III DIVISION 6 - UNDERGROUND CONDUIT CONSTRUCTION ITEM 6.2.9 - BACKFILL (b) Compaction. (2) Densities - Areas Not Subjected to or Influenced by Vehicular Traffic. Amend the second sentence by striking the words "to a density comparable with adjacent undisturbed material' and replacing with "to a density between 95 percent and 100 percent Standard Proctor Density as determined by ASTM D -698 at, or up to five (5) percentage points above, optimum moisture content, unless otherwise specified in the Plans or directed by the Engineer." 3 -10 Standard Specifications Supplementary Conditions SECTION 4 SPECIFIC PROJECT REQUIREMENTS SPECIFIC PROJECT REQUIREMENTS The construction specifications which apply to this project are the Standard Specifications for Public Works Construction - North Central Texas prepared through the North Central Texas Council of Governments (C.O.G.). The following Specific Project Requirements contain general and specific project requirements applicable to this project in the City of Coppell. These individual specifications control for this project. Additional amendments to the C.O.G. Standard Specifications are contained in Section 3 - Supplementary Conditions to the Standard Specifications for Construction. In the event that an item is not covered in the Project Drawings and these Specifications, then the Standard Specifications for the City of Coppell, Texas shall apply. _ In addition, reference to the following shall be considered as referring to the specifications or Method of Test as set forth by these organizations and shall be considered as part of the Specifications when referenced. A.S.A. American Standards Association A.S.T.M. American Society of Testing Materials A.A.S.H.T.O. American Association of State Highway & Transportation Officials A.C.I. American Concrete Institute A.W.S. American Welding Society A.W.W.A. American Water Works Association S.S.P.C. Steel Structures Painting Council, Federal Specifications Treasury Department U.L. Underwriters Laboratories N.E.M.A. National Electrical Manufacturers Association W.P.C.F. Water Pollution Control Federation TKDOT Texas Department of Transportation C.D.G..S. City of Dallas General Specifications S.S.P.W.C.N.C.T. Standard Specifications for Public Works Construction North Central Texas TCEQ Texas Commission on Environmental Quality TMUTCD Texas Manual on Uniform Traffic Control Devices 4-2 Specific Project Requirements 1.1 OWNER: The "Owner" as referred to in these Specifications is the City of Coppell, P.O. Box 9478, Coppell, Texas 57019. 1.2 ENGINEER: The "Engineer" as referred to in these Specifications is the City Engineer, City of Coppell, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. 1.3 CITY OF COPPELL: All improvements described in this Proposal and Construction Drawings shall be done in accordance with the Project Drawings and Specifications. hi the event that an item is not covered in the Project Drawings and Specifications, then the Standard Specifications for Construction for the City of Coppell, Texas shall apply. 1.4 SITE: The Contractor shall limit his work to the area shown on the Project Drawings as within the street right -of -way. Entrance onto private property shall be at the expressed approval of the ENGINEER, only. 1.5 PROJECT DESCRIPTION: This Contract consists of the installation of approximately 1,900 linear feet of 18" sanitary sewer line from Coppell Road to east of Grapevine Creek and a 120 linear foot aerial crossing of Grapevine Creek. Work shall include all components necessary for the "turn key" construction of the COPPELL ROAD / SERVICE CENTER 18" Sanitary Sewer Line Installation — Project # SS 02 -01 as shown in the plans for SS 02 -01, including but not limited to: clearing and preparation of the new alignment, demolition of the existing aerial crossing, erosion and sedimentation control, and final clean-up and re- establishing vegetation in the disturbed areas. 1.6 CALENDAR DAY COUNT: Calendar days shall be counted by the Engineer on the basis of the definition set out in the General Conditions of Agreement. The calendar day count shall be suspended upon receipt by the Engineer of a written request for final inspection. The calendar day count shall resume upon receipt by the Contractor of a written list of items necessary to satisfactorily complete the project. This process shall continue until such time as the project is accepted by the Engineer, and the Owner. The calendar day count will not be suspended or otherwise affected by use of completed portions or "substantial completion" of any of the project. 1.7 SAFETY PRECAUTIONS: The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances, rules, regulations and order of any public authority have jurisdiction for the safety of persons or property to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 1.8 SOIL INVESTIGATION: A geotechnical investigation report has not been prepared. The Contractor shall visit the site and acquaint himself with the site conditions. 4 -3 Specific Project Requirements 1.9 SURVEY AND FINISHED GRADES: The Contractor shall be responsible for installation of the sewer lines to plus or minus 0.10 -foot of the elevations shown on the construction plans. Horizontal and vertical control is provided by the owner as shown on the plans. The Contractor shall be responsible for layout and staking of all grades and lines for construction. The Contractor shall preserve all stakes or markings until authorized by the Engineer to remove same. The Contractor shall bear the cost of the re- establishing any control or construction stakes destroyed by either him or a third party and shall assume the entire expense of rectifying work improperly constructed due to failure to maintain established points and marks. No separate payment shall be made to the Contractor for construction staking which shall be considered incidental to the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. 1.10 CONFORMITY WITH DRAWINGS: All work shall conform to the lines, grades, cross- _ sections, and dimensions shown on the Drawings. Any deviation from the Drawings which may be required by the exigencies of construction will be determined by the Engineer and authorized by him in writing. 1.11 TESTING LABORATORY SERVICE: The Owner shall make arrangements with an independent laboratory acceptable for testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of retests or reinspections. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. One copy shall be provided to the Contractor of all reports and laboratory test results. Testing by the City does not alleviate the Contractor's responsibility for his own quality assurance /quality control testing. Contractor shall replace any deficient construction items at his own expense. It remains the Contractor's responsibility to obtain the necessary hydrostatic and bacteriological tests necessary for the water line installation. 1.12 SUSPENSION OF WORK: If the work should be stopped or suspended under any order of the court, or other public authority, the Owner may at any time during suspension upon seven days written notice to the Contractor, terminate the Contract. In such an event, the Owner shall be liable only for payment for all work completed plus a reasonable cost for any expenses resulting from the termination of the Contract, but such expenses shall not exceed $5,000. 1.13 PRESERVATION OF TREES: Permission of the Engineer must be obtained for removal of trees on the property that obstruct the installation of the improvements as outlined in this project. Penalty for destruction of a tree without permission shall be $500.00 each payable to the Owner. If damage is continuous, tree guards shall be erected when so directed by the Engineer at the Contractor's expense. 4 -4 Specific Project Requirements 1.14 COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading the plans and specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. 1.15 WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law to protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. There will be no separate compensation to the Contractor for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law for the protection of persons or property. The Contractor shall assume all duties owned by the City of Coppell to the general public in connection with the general public's immediate approach to and travel through the work site and area adjacent to said work site. Where the work is carried on, in, or adjacent to, any street, alley, sidewalk, public right -of- way or public place, the Contractor shall at his own cost and expense provide such flagmen and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and other precautionary measures for the protection of persons or property as are required by law. The Contractor shall submit a Traffic Control Plan to be reviewed by the City prior to the beginning of work. No lane shall be barricaded before 9:00 a.m. or after 4:00 p.m. The Contractor's responsibility for providing and maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until the project has been accepted. If the Engineer discovers that the Contractor has failed to comply with the applicable federal and state law (by failing to furnish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as required by law to be taken to protect persons and property, and to be reimbursed by the Contractor for any expense incurred in ordering such additional precautionary measures. In addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of warning devices, barricades, signs, lights, or other precautionary measures in protecting said property, and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by and at the cost and expense of the Contractor. If the damages are not corrected 4 -5 Specific Project Requirements in a timely fashion, then the City shall have the right to repair the damage and charge the cost back to the Contractor. 1.16 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: a. Prior to any excavation, the Contractor shall determine the locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other underground utilities and structures. b. After commencing the work, the Contractor shall use every precaution to avoid interference with existing underground and surface utilities and structures, and protect them from damage. C. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items, which may be encountered during the work, are not necessarily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. d. The Contractor shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground or above ground, and he shall settle in total cost of all damage suits which may arise as a result of this operations. e. To avoid unnecessary interferences or delays, the Contractor shall coordinate all utility removals, replacements and construction with the appropriate utility company. 1.17 DRAINAGE: The Contractor shall maintain adequate drainage at all times. 1.18 PROJECT MAINTENANCE: The Contractor shall maintain, and keep in good repair, the improvements covered by these plans and specifications during the life of the contract. 1.19 CLEANUP: During Construction The contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site when it becomes objectionable or interferes with the progress of the project. Final. Upon completion of the work, the Contractor shall remove from the site all plant, — materials, tools and equipment belonging to him and leave the site with an appearance acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new - appearing condition. 4-6 Specific Project Requirements 1.20 INSPECTION: The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe the construction on behalf of the Owner. The agent will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's performance. 1.21 DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashings, brush or other debris removed from the site as a preliminary to the construction shall be removed from the property. Any required burning and disposal permits shall be the sole responsibility of the Contractor. All excavated earth in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner. 1.22 WATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for securing and transporting all water required in the construction, including water required for mixing of concrete, sprinkling, testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. 1.23 GUARANTEE: All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of final completion and acceptance of the project. 4 -7 SPecifzc Project Requirements SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 1.1 GENERAL: A. Contractor to submit Shop Drawings, Product Data and Samples as required by the Contract Documents and as specified in other sections of the specifications. 1.2 SHOP DRAWINGS: A. As soon as practicable after contract award, submit to the Engineer, for review, the required number of bound copies of shop drawings of all items as specified in the various sections of these specifications, accompanied by letters of transmittal. B. Shop drawings shall include: Manufacturer's catalog sheets and/or descriptive data for materials and equipment; showing dimensions, performance characteristics, and capacities and other pertinent information as required to obtain approval of the items involved. C. No work requiring shop drawings will be executed until review and acceptance of such drawings has been obtained. 1.3 PRODUCT DATA: A. Preparation: 1. Clearly mark each copy to identify pertinent products or models. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. B. Manufacturers standard schematic drawing sand diagrams: 1. Modify drawings and diagrams to delete information which is not applicable to the work. 2. Supplement standard information to provide information specifically applicable to the work. 1.4 SAMPLES: Provide samples as indicated in other parts of these specifications. 1.5 CONTRACTOR RESPONSIBILITIES: A. Review Shop Drawings and Product Data prior to submission. B. Determine and verify: 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and similar data. 4 -8 Specific Project Requirements 4. Conformance with specifications. C. Coordinate each submittal with requirements of the work and of the Contract Documents. D. Begin no work which requires submittals until return of submittals with Engineer's review. E. Keep one (1) approved copy of shop drawings or product data at job site at all times. 1.6 SUBMISSION REQUIREMENTS: A. Make submittals promptly and in such sequence as to cause no delay in the work or in the work of any other contractor. B. Number of submittals required: For shop drawings and product data: Submit the number of copies which the contractor requires, plus four which will be retained by the Engineer. _ C. Submittals shall contain: 1. The date of submission and the dates of any previous submissions. 2. The project title. — 3. The names of: a. Contractor b. Supplier — C. Manufacturer 4. Identification of the product. 5. Field dimensions, clearly identified as such. — 6. Relation to adjacent or critical features of the work or materials. 7. Applicable standards, such as ASTM or Federal Specification numbers. 8. Identification of deviations from Contract Documents. — 9. Identification of revisions on resubmittals. 10. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of — products, field measurements and field construction criteria, and a coordination of the information within the submittal with requirements of the work and of Contract Documents. — 11. Fabrication and erection drawings lists and schedules. 12. Basis of design and design calculations signed and sealed by a registered professional engineer. _ 13. Seal and signature of a register engineer on all structural submittals. 4 -9 Specific Project Requirements D. REVIEW: 1. Shop drawing and product data information review will be general. Such review will not relive the contractor of any responsibility and work required by the Contract. 2. Satisfactory shop drawings will be so designated and all sets, except four (4), returned to the Contractor. Rejected shop drawings will be so designated and all sets except two (2) will be returned to the Contractor, with indications of the required corrections and changes. 3. Rejected shop drawings will be corrected and resubmitted to the Engineer for Acceptance. 1.7 RESUBMISSION REQUIREMENTS: A. Make any corrections or changes in the submittals required by the Engineer and resubmit until accepted. B. Shop Drawings and Product Data: 1. Revise initial drawings or data, and resubmit as specified for the initial submittal. 2. Indicate any changes which have been made other than those requested by the Engineer. 1.8 ENGINEER'S RESPONSIBILITIES: A. Review submittals with reasonable promptness. B. Affix stamp and initials or signature, and indicate requirements for resubmittal, or acceptance of submittal. C. Return submittals to Contractor for distribution, or for resubmission. 4-10 Specific Project Requirements SECTION 5 DESCRIPTION OF PAY ITEMS SECTION 5 - DESCRIPTION OF PA ITEMS This section includes comments concerning various Pay Items so that the contractor can fully understand the scope of work involved in the Pay Items. 1. Construction No Pay Items: All work necessary for the orderly completion of the project, but not specifically included as a pay item in the Proposal, shall be considered subsidiary to the Contract and no separate or additional payment will be made therefore. For example, there shall be no separate payment for the following: (a) any curb, gutter or valley gutter replacement necessitated by removal or damage during construction, (b) removal and replacement of any signs, (c) bracing or support systems shall be considered subsidiary to the pay items for installation of the aerial crossing, (d) any appurtenances required for successful installation (pipe couplings, O -rings, link seals, fittings, etc...), (e) any concrete encasement shown in the plans and details or as required for pipe installation or transition, (t) abandonment of pipe or appurtenances, (g) disposal of any items shown to be demolished or removed from the site. 2. Construction Pay Items: Pay items as listed in the proposal shall be measured and paid for in accordance with the applicable measurement and payment paragraphs of the North Central Texas Council of Governments "Standard Specifications for Public Works Construction ", unless modified by these special provisions. 2.1. Pay Items #I4 - Mobilization & Demobilization: This pay item shall consist of the initial mobilization for the construction of the project. The project shall be constructed in two phases and tested and placed in service followed immediately by cleanup and establishment of vegetation. The first phase of the project shall be construction of the new 18" sewer line from the downstream connection to the existing 24" sewer line on the East Side of Grapevine Creek to the West Side of Coppell Road (Sta. 01 +00 to Sta. 19 +98). Once this section has been completed and tested in accordance with these Contract Documents, the contractor shall connect into the existing 12" sewer line on the West Side of Coppell Road and divert the flow into the new 18" line. At this time the contractor can connect all services to the new line and commence with the demolition and abandonment of the 12" aerial crossing and the portion of the existing 12" line to be abandoned in place. This pay item is inclusive of any and all mobilizations and de- mobilizations associated with this project. Measurement and Payment shall be made on the basis of percentage of project completion i.e., when one -half the project has been completed (as evidenced by the dollar amount of the current pay request divided by the total contract amount), one -half of the mobilization will be paid, etc. Payment shall be total compensation for providing all necessary labor, materials and equipment to complete the project. 5 -2 Description of Pay !tents 2.2. Pay Items #I -2 — Clearing and Site Preparation: This pay item shall consist of the clearing and removal of any and all trees, shrubs, undergrowth, rocks, miscellaneous debris, or any other foreseen or unforeseen objects that would interfere with the construction of this project. All debris removed from the site shall be — disposed of off site. Measurement and Payment shall be made on the basis of the lump sum bid price, and shall include all necessary labor, materials and equipment to complete the project. 2.3. Pay Item # I -3 — Furnish and Install 18" PVC Sanitary Sewer Pipe: This pay Item shall consist of the installation of the 18" Sewer Pipe at the location and depth shown on the construction plans in accordance with these specifications, and the City of Coppell standard construction details. Measurement and payment shall be on the basis bid for linear foot (U) of pipe installed in place, and shall be total compensation for furnishing all labor, materials and equipment necessary to complete the line. No additional compensation will be made for excavation, bedding, embedment, backfill, or any other material necessary for the successful installation of the line, with the exception of Item I -4 below. 2.4. Pay Item #I4 — Bore and Jack 30" Casing Pipe: This pay item shall consist of the boring and installation of the casing pipe under Coppell Road. All bores shall be by the `dry bore' method. This pay item shall include the cost of the bore, the cost of the installation of the steel casing pipe, the spacers for use of installation of the 18" sewer pipe, the boots to plug both ends of the casing pipe, and any grout that may be required for any space between the outside wall of the casing pipe and the undisturbed earth. The 18" Sewer Pipe will be paid under Pay Item #I -3. Measurement and payment shall be on the basis bid for linear foot (LF), measured from the beginning to the end of the bore cavity, and shall be total compensation for furnishing all labor, materials and equipment necessary to complete the bore including bore pits and necessary grout. 2.5. Pay Item # I -5 - Tie Existing 6 Lateral Into New Line: This pay Item shall consist of transferring the 6" Sewer lateral from the City of Coppell Service Center property to the newly constructed 18" sewer line. The lateral will need to be cut and connected to the drop manhole structure constructed at station 12 +05. The remaining portion of the line should be plugged and abandoned in place in accordance with the plans and specifications. Measurement and payment shall be on the basis bid for Each (EA) per location, and shall be total compensation for furnishing all labor, materials and equipment necessary to complete the connection. No additional compensation will be made for pipe, excavation, bedding, embedment, backfill, or any other material necessary for the successful installation of the line. 5 -3 Description of Pay Items 2.6. Pay Item #I -6 — Construct 5' Diameter Manhole: This work will consist of the construction of 5' diameter manholes in the location, and to the depth shown on the plans, in accordance with these specifications, and the City of Coppell standard construction details. Manhole shall be of the cast -in -place or pre -cast type, and shall include all necessary appurtenances (PVC coupling & gasket, formed invert, concentric cone, grade rings, chimney seal, and cast iron ring & cover, etc...) for successful installation. Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for all labor, materials and equipment necessary to construct and test each manhole. Since all manholes are between nineteen and twenty feet (19' -20') deep, the price bid per each will be the same, and there will be no additional pay item for extra depth. 2.7. Pay Item 9I -7 — Construct 5' Diameter Drop Manhole: This work is Identical to Item I -6 with the addition of all necessary piping, concrete encasement, coring, and grouting required to construct an external drop structure in accordance with these specifications, and the City of Coppell standard construction details. This manhole is to be used to connect the 6" PVC sanitary sewer line from the city of Coppell South Service Center to the new 18" sanitary sewer line. Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for all labor, materials and equipment necessary to construct and test each manhole. Since there is only one drop manhole and it is between nineteen and twenty feet (19' -20') deep, the price bid per each will be for the entire depth, and there will be no additional pay item for extra depth. 2.8. Pay Item #1 -8 — Furnish and Install Trench Safety System: This work shall include a job specific Trench Safety Plan sealed by a State of Texas professional engineer to be provided prior to the start of construction. The majority of this line will be installed at or below five feet deep, this plan should take this depth into consideration, as well as the area of the bore pits, and the area east of the aerial crossing. — Measurement and Payment shall be made on the basis of the lump sum (LS) price bid and shall be total compensation for furnishing the Trench Safety Plan, all labor, materials and — equipment necessary to complete the work. Payment shall be made on the basis of percentage of 18" sewer line completed i.e., when one -half the line has been completed, one -half of the bid item will be paid, etc. 2.9. Pay Item #11-9 — Cut and Plug Existing Sewer Line: This work shall include the excavation of the existing sewer line to a depth of at least 36" below grade, the pipe should then be cut, and the end plugged with a non -shrink grout. The line should then be backfilled and compacted in accordance with these plans and specifications. 5 -4 Description of Pay Items Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials and equipment necessary to cut and plug the existing sewer line. 2.10. Pay Item #I -11 — Connect to Existing 18" Stub -out: This work shall include connection of the 18" PVC sanitary sewer line to the 18" stub -out at the downstream end of the proposed line. This shall include any excavation, cutting, patching, or plug removal and cleaning of the stub -out required for successful connection of the proposed line. Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials and equipment necessary to complete the work. 2.11. Pay Item #I -12 — Construct 18" Piers to Support the Aerial Crossing: This work shall include construction of the piers required to support the 18" Ductile Iron aerial crossing of Grapevine Creek. Measurement and Payment shall be made on the basis of the price bid per vertical foot (VF) and shall be total compensation for furnishing all labor, materials and equipment necessary to complete the work. This pay item should include the drilled shaft to the depth required in the plans and details including the steel casing if required, and will be measured from the base of the drilled shaft to the base of the pier cap. No additional payment will be made for any bracing, forming, stripping, casing, or any other work required for the construction of these piers. 2.12. Pay Item #1 -13 — Pier Cap and Strapping: This work shall include construction of the pier cap to support the 18" Ductile Iron aerial crossing of Grapevine Creek. This work shall include all formwork, bracing, felt material, grout, strapping, bolting hardware and ancillary items required by the plans, details, and specifications. Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials and equipment necessary to complete the work. This pay item should include any repairs to the ground i.e., soil and grass, etc., necessary to return the area to as good oT better than prior to construction. 2.13. Pay Item #1 -14 — Furnish and Install 18" Ductile Iron Sanitary Sewer: This pay Item shall consist of the installation of the 18" Ductile Iron Sewer Pipe at the location and depth shown on the construction plans in accordance with these specifications, and the City of Coppell standard construction details. Measurement and payment shall be on the basis bid for linear foot (U) of pipe installed in place, and shall be total compensation for famishing all labor, materials and equipment necessary to complete the line. No additional compensation will be made for excavation, 5 -5 Description of Pay Items bedding, embedment, backfill, concrete encasement, or any other material necessary for the successful installation of the line. 2.14. Pay Item #I -15 — Remove and dispose of Existing Aerial Crossing: This pay Item shall consist of the demolition and removal of the existing 12" aerial crossing. The existing 12" ductile iron pipe shall be removed to a point where there is at least two feet (2') of ground cover, then it should be cleanly cut and plugged with 12" of non -shrink grout. The ends should then be backfilled and compacted to 90% standard proctor density. In addition to the removal of the existing 12" pipe, the existing concrete piers shall be demolished and removed to a depth of at least one -foot (1') below the adjacent natural grade. These areas should then be backfilled and compacted to 90% standard proctor density. The two piers that are located within the creek bottom itself should be demolished and removed only to a point even with the creek bed. In all cases the portion of the pier remaining should be made as smooth as possible with no jagged edges or projections. Any exposed reinforcing steel shall be ground smooth with the adjacent concrete, so as not to leave a safety hazard. Measurement and payment shall be on the basis bid for lump sum (LS) for removal and disposal of the entire aerial crossing as outlined herein and as depicted in the plans and details, and shall be total compensation for furnishing all labor, materials and equipment necessary to complete the work. No additional compensation will be made for excavation, backfill, hauling, disposal, remidiation, or any other material necessary for completion of the removal. 2.15. Pay Item #I -15 — Abandon Existing Manhole: This pay item shall consist of the abandonment of existing manholes. Once all flow has been transferred to the new 18" sanitary sewer line, and all lines have been cut and plugged as shown in the plans, the manholes shall be abandoned in accordance with City of Coppell standard details. Measurement and payment shall be made on the basis bid per each (EA) and shall be total compensation for fru all labor, materials and equipment necessary to abandon each manhole in accordance with the referenced detail. 2.16. Pay Item #I46 — Furnish, Install, Maintain and Remove Erosion Control Devices: This project will be subject to the Texas Commission on Environmental Quality's (TCEQ) requirements for construction. Under the Texas Pollutant Discharges Elimination System (TPDES) construction general permit (TXR150000), an operator of a construction site that will disturb one (1) or more acres is required to obtain a permit for the discharge of storm water runoff. The contractor will be required to develop and implement a site specific Storm Water Pollution Prevention Plan (SW3P) and then, depending on the size of the activity, either submit an NOI to the TCEQ or post a notice on -site. The SW3P must describe and ensure the implementation of practices that will be used to reduce the pollutants in storm water discharges associated with construction activity and assure compliance with the terms 5 -6 Description of Pay Items and conditions of the permit. The SW3P shall be subject to approval by the City. The SW3P must be retained on -site or notice must be posted if the SW3P is retained off -site. Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) to pay the contractor for the preparation and implementation of the SW3P, including any necessary revisions throughout the duration of the construction contract, and for providing the physical erosion/pollution control measures throughout the duration of the construction contract as delineated in the approved SW3P. 2.17. Pay Item #I -17 — Furnish, Install, Water and Fertilize Bermuda Grass until Established: This work shall include the placement of grass seed along the centerline of the new 18" sewer line. Because this item is being compensated on a lump sum basis it is estimated that the seed area is 1.75 acres. This is based on the width of the trench plus a layback of 1:1 on each side of the trench. Any additional areas disturbed by the contractor shall be seeded at the contractor's expense. The contractor will be required to water and fertilize to establish growth and to protect any areas damaged. Only 50% of this pay item will be paid until there is 100% coverage. At that time, 100% of this item will be paid. Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing all labor, materials and equipment including water _ and fertilizer necessary to complete the work. 5 -7 Description of Pay Items