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WA0101-CN050412 T H E C ! T Y 0 F COPPELL CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR STATE HIGHWAY 121 WATER LINE (NORTH COPPELL ROAD TO DENTON TAP ROAD) PROJECT NO. WA-01-01 BID NO. Q-0205-02 THE CITY OF COPPELL FEBRUARY, 2005 PREPARED BY ~, W.-' ~ '..~t ~ BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS ['"': .......................... :'"$ t, <,'.... 88835 ..-'~.,~ DALLAS, TEXAS __ ",~..~.~'_'_~--~ TRANSMITTAL OF ADDENDUM INSTRUCTIONS: Acknowledge receipt of' Addenda in Proposal, on outer envelope of bid AND WITH THE FORM BELOW FAXED TO (214) 361-0204, or e-mail apineda~bhcllp.com upon receipt. Addendum Acknowledgment FAX to (214) 361-0204 I Acknowledge the receipt of Addendum No. 1 City of COPPELL, TEXAS Project Name: S.H. 121 Water Line By Facsimile Transmission on this date: March 11, 2005 Contractor's Signature Company Name E-Mail Address: "PLEASE SIGN & FAX, THIS PAGE BACK" (as verification that you received this Addendum) (214) 361-0204 or Email Confirmation to apineda~bhcllp.com Total Number of'Fax Pages: 2 Addendum No. 1 CITY OF COPPELL, TEXAS STATE HIGHWAY 121 WATER LINE (NORTH COPPELL ROAD TO DENTON TAP ROAD) PROJECT NO. WA-01-01 BID NO. Q-0205-02 ADDENDUM NO.! March 11, 2005 Plans and specifications for the State Highway 121 Water Line (North Coppell Road to Denton Tap Road) project, for the City of Coppell, Texas, on which bids are to be received until 10:00 a.m., Thursday, March 17, 2005, are hereby modified as follows: 1. Refer to the NOTICE TO BIDDERS: The date for receiving bids has changed. Please revise the 3ra sentence of the 1st paragraph to read as follows: "Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for the construction of the State Highway 121 Water Line (North Coppeli Road to Denton Tap Road) WA 01-01 will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, on or before Thursday, March 24, 2005 at 10:00 a.m., and then publicly opened and read aloud." Bidders shall acknowledge receipt of Addendum No. 1 in the space provided in the Proposal, on the outer envelope of their bid, and by faxing back the "Transmittal of Addendum Acknowledgment Sheet" to Birkhoff~ Hendricks & Conway~ L.L.P. at (214) 361-0204. BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS DALLAS, TEXAS TRANSMITTAL OF ADDENDUM INSTRUCTIONS: Acknowledge receipt of Addenda in Proposal, on outer envelope of bid AND WITH THE FORM BELOW FAXED TO (214) 361-0204, or e-mail apineda(~bhcllp.com upon receipt. Addendum Acknowledgment FAX to (214)361-0204 I Acknowledge the receipt of Addendum No. 2 City of COPPELL~ TEXAS Project Name: S.H. 121 Water Line By Facsimile Transmission on this date: March 17, 2005 Contractor's Signature Compa?y Name E-Mail Address: "PLEASE SIGN & FAX, THIS PAGE BACK" (as verification that you received this Addendum) (214) 361-0204 or Email Confirmation to apineda~bhcllp.com Total Number of Fax Pages: 26 ADDENDUM NO: PROJECT NAME: LOCATION: ISSUED BY: BID PROPOSAL ADDENDUM NO. 2 TWO STATE HIGHWAY 121 WATERLINE (North Coppell Rd. to Denton Tap Rd.) WA-01-01 Bid No. Q-0205-02 COPPELL, TEXAS Birkhoff Hendricks & Conway, L.L.P. Consulting Engineers Dallas, Texas ISSUE DATE: March 17, 2005 BiD DATE: March 24, 2005 (revised) On March 10, 2005 a Pre-Bid Meeting was held. Numerous items were discussed during the meeting. However, only those items addressed by this addendum will be considered as changes to the project. 1. This addendum modifies and extends the requirements of the plans and construction specifications for the above referenced project. 2. Staple these addenda 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. CONSTRUCTION PLANS Item No. 1 Sheet No. 1 The following notes shall be added to the General Project Notes: 17) ...The City has determined that all disturbed areas between Sta. 53+00 and 65+00 shall be replaced with solid sod of similar grass type to that in existence when excavation work commences. As a minimum, the contractor should expect to replace the pipe OD + 4' along the alignment between the referenced stations. The City Inspector will make the final determination of the extent of replacement with solid sod. Contractor shall use proper watering techniques in order to establish a healthy stand of grass to the satisfaction of the City Inspector. Installation and maintenance of solid sod to the satisfaction of the City Inspector is considered subsidiary to the project (no separate pay item). 28) All borings for installation of waterline materials, whether cased or uncased, shall utilize auger or dry bore methods. For the boring crossing the SH 121 TxDOT ROW, refer to TxDOT standards as included in Section 7 of the Specifications and as an attachment to this addendum. 29) The City will consider the utilization of Directional Boring methods and materials under Denton Creek. No additional cost will be considered for this alternate installation method and payment shall be made in accordance with the Bid Schedule Units and Prices. 30) Water line embedment materials shall be as shown on Standard Detail 3030 included as an attachment to Addendum No. 2. The City desires sand embedment of a free flowing and granular nature meeting the specifications of Item 2.1.8(f) of the Standard Specifications for Public Works Construction, North Central Texas, Third Edition 1998, as prepared by the North Central Texas Council of Governments. Item No. 2 Sheet 13 The location of the "tee" connection with Line "B" shall be moved approximately 8-feet to the west. Revised Sheet 13R is attached. Item Bio. 3 Sheet 19 The location of the "tee" connection with Line "B" shall be moved approximately 8-feet to the west. Revised Sheet 19R is attached. CONSTRUCTION SPECIFICATIONS Item No. 4 Section 7 TxDOT Permit Add the attached eight (8) sheets to this section of the specification. Item No. 5 Section 8 Revised Standard Details Add the attached thirteen (13) revised Standard Detail sheets Specifications. to the end of the Construction - _WATER AND SANITARY SEWER INSTALLATIONS 1. OENERAL Longitudinal water and sanitary sewer pipelines shall be - placed on uniform alignment three (3) to ten (10) feet from the right of way line. The minimum depth of cover shall be twenty-four (24) inches for non-plastic lines and thirty (30) inches for plastic lines. _ If a nonmetallic line is installed, a durable metal wire or other device shall be concurrently installed for detection purposes. Each line may be installed with enough vertical fleiibility to prevent excessive stresses; however, horizontal "snaking" of the line is prohibited. The utility agency shall place identification markers at the right of way line in sufficient number for longitudinal installations and at each highway crossing. All' paved side streets crossed by a longitudinal line within TxDOT righ:' of way must be installed as outlined in item ~2 below. 2. CROSS~OS Highway crossings are to be installed at or near right angles to highway and must be installed with an encasement pipe. Encasement pipe is also to be installed under normal center medians, extend from the top of backslope for cut sections, and five (5) feet beyond the toe of slope for fill sections, unless an additional length is required as outlined in the "TRENCH EXCAVATION AND PIT LOCATION" specification. Ail crossings under existing pavement must be installed as outlined in the "CONSTRUCTION OF HIGHWAY CROSSINGS BY BORE" Specification. The depth of cover for crossings shall be twenty-four (24) inches for non-plastic pipe and thirty (30) inches for plastic pipe under ditches. The encasement pipe must be a minimum of eighteen (18) inches or 1/2 the diameter of the pipe, whichever is greater, below the bottom of the pavement structure. The encasement shall consist of a steel pipe around and outside the carrier pipe and support the load of the ground above the pipe, the highway, and the superimposed loads thereon, including construction equipment. HDPE pipe with a SDR Ratio of 11 or greater may be used for encasement of water service lines. The HDPE pipe must be a single continuous piece with no joints. The strength of the encasement pipe shall equal or exceed the structural requirements for highway drainage culverts covered under ASTM specifications. 3. ABOVE GROUND APPURTENANCES - Fire hydrants, air release valves, and other similar appurtenances should be located at or near the right of way line. All fire hydrants will be equipped with breakaway bases and should not be located in the sidewalk. Any appurtenances may not be located any closed than 3 ft from the back of curb. Pumps, wells, and other structures associated with llft stations and pump stations will ~ot be permitted within the limits of TxDOT right of way. 4. MANHOLES - The outside diameter of the manhole chimney at ground level shall not exceed thirty-six (36) inches. The 'inside diameter of the manhole for lines up to twelve (12) inches shall not exceed four (4) feet. For any increase in line size greater than twelve (12) inches the manhole may be increased a like amount. · The manhole cover shall be installed flush with the ground, meet HS-20 load requirements, and weigh at least 175 pounds. _CONSTRUCTION OF HIGHWAY CROSSINGS BY BORING -- GENERAL WATER JETTING OR JACKING WILL NOT BE PERMITTED. All paved ' streets which are maintained by TxDOT must be bored & encased unless it is specifically stated on the permit that an exception for open -- cutting and/or no encasement is granted. At no time shall the boring operation interfere with the traveling - public. The safety of the traveling public and maintaining the integrity of the roadway is the primary concern. 2. Bore Pit Locations - No excavations for bore pits will be allowed to -- be any closer to the edge of the pavement (travel lane) than as outlined in the "TRENCH EXCAVATIONS 3kND PIT LOCATION" specification. If the required clear zoned distance is closer than outlined in the above mentioned specification, then appropriate traffic control devices such as barricades, signs, barrel mounted guard fence and/or concrete traffic barriers will be required as deemed necessary by the TxDOT inspector. No excavated material will be stored closer to the traveled way than the bore pit. ~:.11 pits an] trenches shall be backfill immediately - after the encasement and carrier pipes has been installed. Upon completion of the backfill, all excess material will be removed from the right of way. -½. METHOD OF iNSTA3~LATION - Crossings are to be installed by the AUGER or "DRY" BORE method and shall be accomplished by use of a laser sighted bore machine or a bore machine requiring a pilot hole. The - pilot hole will serve as the centerline of the larger diameter hole to be bored. The use of water or fluids in the boring operation will only be allowed for lubricating the cutting head. The. boring operation shall be performed from the low or downstream end. Lateral or vertical variation of the encasement pipe from the proposed line and grade will be permitted only to the extent of one (1) inch in ten (10) feet, provided that such variation shall be regular and only in one direction. -- The encasement pipe shall be approximately the same diameter as the bore hole. Overcutting in excess of one inch shall be remsdied by pressure grouting the entire length of the installation with a - mixture consisting of two (2) sacks of cement per yard of sand. OPTIONAL WET BORE - The utility or contractor may request installation by the Slurry or "Wet" bore method. The approval - to wet bore is granted by the Area Engineer or his designated representative on an individual permit basis. If the area office allows wet bores in their designated area, approval will be based on -- bore size and soil conditions. Wet bores should be restricted to areas of rock or other suitable material which will prevent the sides of the bore hole from "caving in". A geotechnical report _ may be required prior to approval. In no instance will wet bores be allowed to exceed eighteen (18) inches in diameter. The amount of water used for creating the slurry will be such - that little or no runoff is encountered. If, in the opinion of the T3dDOT inspector, at any time during the boring operation inadequate conditions are encountered for performing the wet bore, the process - will be stopped and the bore will be completed by Auger bore. The slurry material removed from the bore may not be used in the backfilling of the bore pit. GENERAL UTILITY INSTALLATIONS ~. GENERAL A copy of the approved notice must be kept onsite at all times during construction. Unless other arrangements are made with the designated Texas Department of Transportation (TxDOT) Inspector, no work _will be performed on Saturday, Sunday, Holidays, or hours other than standard working hours, utility lines shall be located to avoid or. minimize the need for adjustments to accommodate future highway _improvements. ll utility installations will be made without excavation or longitudinal placement being made any closer than three- (3) ft from the back of --curb. No pavement cuts are permitted unless specifically stated on the permit that approval is given to open cut the pavement. ~o explosives shall be used within the limits of the TxDOT highway right of way for utility installations. 2. COORDINATIO~ OF WORK - Failure to contact the person listed on the -approval notice as instructed may cause a delay in the utility work. If the installation is within the limits of an active highway construction project, the utility work must be coordinated with the TxDOT Contractor -- and Inspectors. The utility work shall not cause any delay or disruption to the TxDOT contractor or construction. Locating existing utility facilities and coordination with the owners is the responsibility of the utility agency. 3. TP~AFFIC SAFETY, BARRICADES, WAR~ING DEVICES - Traffic control and -- protective devices shall be used and must conform to the TEXAS MAN-UAL ON UNIFORM TRAFFIC CONTROL DEVICES for streets and highways. All Barricades, warning devices, sign~, flashers, and flag persons shall be -provided by the utility agency or contractor. ~raffic shall not be stopped at any time without use of a flag person. _ Prior to beginning work, the traffic control plans must be approved by the Area Engineer or his designated representative. Lane closures for any utility work will not be permitted without prior approval of Area Engineer or his designated representative. Lane closures are not --permitted during peak "rush hour" traffic times. Vehicles, equipment, construction material and personnel not necessary - to the timely installation of the facility shall be kept as far as possible from the traveling public. Any above ground obstruction or bore pit located closer than the clear zone distances outlined in the "Trench Excavation and Pit Locations" specification shall be protected -by barricades, metal beam guard fence and/or concrete traffic barriers as deemed necessary by the TxDOT Inspector. -t the end of every construction day, all equipment and materials shall be removed as far from the roadway edge as possible. 4. SURVEYING A/gD STAKING OF UTILITIES - Ail utility installations shall --be staked by the utility agency so that TxDOT may inspect the alignment prior to start of construction. The ROW line is to be staked and the utility installed based on a set distance from the ROW line. The _utility is ultimately responsible for the accuracy of the installation. 5. TIME PERIOD ALLOWED FOR INSTALLATION If the installation of the --work covered by this utility permit has not started within twelve (12) months from the approval date, a written request for an extension must be submitted to the District Office. It is expected that the _installation will progress to completion in an efficient manner. However, if the work is delayed or abandoned for a period of one (1) month or more, a written request must be submitted to continue under the _authority of the original permit. 6. FULL TIME SUPERVISION A/qD INSPECTION The utility agency shall ~rovide competent, full time inspectors or supervisors to be present on- site during the installation. Also, the utility may be required to provide a telephone number which someone may be contacted 24 hours in _case of an emergency. The utility construction may be delayed or ~topped when it is observed by the TxDOT Inspector that their is not a agency inspector or supervisor present on the job site. 5 , DEPARTMENT INTERVENTION - TxDOT has the right to take charge of and to remedy any immediate hazard to the traveling public when it is -obvious the utility agency will not do so. Any costs associated with rxDOT's action will be charged to the utility agency. 6- UTILITY ACCOM~ODATION POLICY utility installations within the TxDOT £ight of way shall conform with the requirements contained in the TxDOT utility Accommodation Policy, dated May 29, 1989, the Dallas District -3tility Policy and the following industry policies. k. Safety Rules for the installation and maintenance of electric and . communication lines - National Electrical Safety Code. 5 Latest edition of the Rules and Requlations for Public Water Systems, published by the Texas Department of Health, Water Hygiene Division. C.Gas Pipelines Title 49, C.F.R., Part 192, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards and amendments. D.Liquid Petroleum Pipelines Title 49, C.F.R., Part 195, Transportation of Liquids by Pipelines and amendments. E Latest edition of the American Society for Testinq and Materials (ASTM) ~pecifications. F--Latest edition of the AASHT0 policy entitled "A ?91icy on the Accommodations of Utilities within Freeway Right of Way." S.Latest edition of the Occupational Safety and Health Administration _ .(OSHA) Standards and Interpretations. TRENCH EXCAVATIONS AND PIT LOCATIONS --i. GENEP~AL - No dirt from a trench or pit excavation shall be placed on the roadway or shoulders. All equipment and stockpiled dirt shall meet the safety clear zone distances listed below or have adequate -- barricades and warning devices to protect the traveling public. Topsoil shall be kept separate from other excavation material, and be replaced in accordance with ASPECIFICATIONS FOR BACKFILL. Ail pits and trenches shall be kept free from standing water. If trenches and/or bore pits are left open for extended periods of time without a continuous progression of work, the utility will be required to backfill the trench and/or bore pits. Any other pit will not be left open for more than a forty eight (48) hour period. In all excavations where sloughing is likely to occur, shoring will be utilized to prevent damage to the highway structure(s). The utility agency or contractor shall be responsible for maintaining trench excavation protection as required by provisions of Part 1926, gubpart P - Excavations, Trenching and Shoring of OSHA Standards. TRENCHING - Longitudinal installations must be placed as near a uniform alignment to the right of way line as possible. Trenching machine or backhoe may be used. A backhoe will be required if a uniform alignment can't be maintained by use of a trenching machine. SAFETY CLEAR ZONE DISTANCES - Minimum clear zone distances required for trench excavations and bore pit locations are as follows. For UNCURBED Highways. A. Thirty (30) ft. from the edge of pavement (Traveled Lane)of high-speed (More than 40 mph), high volume (More than 750 vehicles per day) highways. B. Sixteen (16) ft* from edge of pavement of high-speed, (Less than 750 vehicles per day) highways. C. Sixteen (16) ft* from ramps. D. Ten (10) ft* for low-speed (40 mph or less) highways. E. Ten (10) ft* for any paved intersecting side streets. low volume Five (5) ft MINIMUM from edge of any shoulder. For CURBED Highways. A. Thirty (30) ft from the back of curb for high-speed highways. B. Five (5) ft from the back of curb, plus any additional distance to clear sidewalks, for low speed highways. C. Five (5) ft from the back of curb for intersecting side 'street. BACKFILLING GENERAL As soon as practical, all portions of the excavation shall be backfilled. Trenches and pits shall be backfilled with the material obtained from the excavation or from other sources. Backfill material will be free from stones of such size as to interfere with compaction; free from large lumps which will not break down readily under compaction; and free from frozen lumps, wood or other extraneous material. The TxDOT Inspector may reject any material containing more than twenty (20) percent by weight of material retained on a three (3) inch sieve. The portion of top soil removed from the original excavation shall be replaced, as nearly as feasible, in its original position. DEPTH OF LIFTS - The portion of backfill below the top of pipe shall be placed in uniform layers not to exceed eight (8) inches in depth - (loose measurement). Backfill above the top of pipe shall be placed in layers not to exceed ten (10) inches in depth (loose measurement) . If th~ ]3ackfill is to support a portion of roadwa'y )r embankment, then the material will be placed in uniform layer's not to exceed eight (8) - inches in depth (loose measurement). PROCEDURE FOR COMPACTION - Each layer of backfill material, if dry, -- shall be wetted uniformly to the moisture content required to obtain a density comparable with the adjacent undisturbed soil and shall be compacted to that density by means of mechanical tampers or rammers. _ The use of rolling equipment of the type generally used in compacting embankments will be permitted on portions that are accessible to such equipment. Water jetting or ponding will not. be permitted. -- Special care shall be taken to ensure thorough compaction of material placed under the haunches of the pipe. - Cohesionless materials, such as sand,. .may be used for general backfilling purposes. Compaction of cohesionless materials shall be done with vibratory equipment. --RESTORATION OF RIGHT OF WAY - Prompt replacement of sod, removal of debris, and any other restoration necessary to restore the right of way to a condition equal to that which existed prior to the utility --installation will be required. In areas of erosion, the use of stabilized backfill may be required. Should settlement or erosion occur within six (6) months of the utility installation, the utility --agency will be required to reshape, reseed, and/or resod the area. 2 SECTION 8 CITY OF COPPELL Revised Standard Details ~o w y- MATCH LINE STA. 52+00 N 7047015.6186, E 2428525.2327 , N 7047218.1895, E 2428066.-'5635 MATCH LINE STA. 47+00 'OB 306~3S 'B'3 TABLE OF CONTENTS Section 1 - Bidding Documents Notice to Bidders Instructions to Bidders Proposal/Bid Schedule Prevailing Wage Rates Page # 1-1 1-2 1-15 1-23 Section 2 - Contract Documents Standard Form of Agreement (Contract) Certificate of Insurance Instructions for Bonds Performance Bond Payment Bond Maintenance Bond 24 2-7 2-8 2-9 2-11 2-14 For this project, the Standard Specifications for Public Works Construction - North Central Texas Third Edition, as prepared by the North Central Texas Council of Governments, the City of Coppell Standard Construction Details (Ord.#92-554), and Appendix 'C' Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord.#94-643) 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 3-1 Section 4 - Specific Project Requirements 4-1 Section 5 - Description of Pay Items 5-1 Section 6 Section 7 Technical Specifications TxDOT Permit 6-1 SECTION 1 BIDDING DOCUMENTS BIDDING AND DOCUMENTS NOTICE TO BIDDERS The City of Coppell is accepting bids for the construction of the State Highway 121 Water Line (North Coppell Road to Denton Tap Road) WA 01-01. Specifications may be obtained for a non-refundable cost of $50.00 from Birkhoff, Hendricks, & Conway, L.L.P., 7502 Greenville Avenue, Suite #220, Dallas, Texas 75231 (214-361-7900). Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for the construction of the State Highway 121 Water Line (North CoppeH Road to Denton Tap Road) WA 01-01 will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, on or before Thursday, March 17, 2005 at 10:00 a.m. 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-0205-02 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 The Pre-Bid Conference has been scheduled for this project at the Coppell City Hall in the Engineering Department (255 Parkway Blvd.), at 2:00 p.m. on Thursday, March 10, 2005. The conference is not mandatory, however, all interested bidders are strongly encouraged to attend. The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. The Owner reserves the right to accept the alternate bid of a Contractor that did not submit the lowest base bid. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED. Bidders are expected to inspect the site of the work and to inform themselves regarding local conditions and conditions under which the work is to be done. Complete sets of bidding documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO OR MADE A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. (Note: This procedure may not be used, however, for materials which do not become a part of the finished product, such as, equipment rental or purchase, form materials, etc.). In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials (tangible personal property) in the space provided on the bid form. The successful bidder's bid form will be used to develop a separated contract and determine the extent of the tax exemption. 1-1 Bidding Documents BIDDING AND CONTRACT DOCUMENTS INSTRUCTIONS TO BIDDERS 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 478, Coppell, Texas 75019. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. 2. Scope of Work. This work shall consist of the installation of approximately 7,900 linear feet of 12-inch PVC water line by open cut with embedment; 800 linear feet of 12-inch PVC waterline in steel encasement pipe by boring; eleven 12-inch gate valves; three 8-inch gate valves; eight 6-inch gate valves; eight standard fire hydrants; one 6-inch blow off valve; six 2-inch air release valves; together with all necessary appurtenances. Work shall include all components necessary for the "mm key" construction of the State Highway 121 Water Line (North Coppell Road to Denton Tap Road) as shown on the plans designated WA 01- 01. 3. Copies of Bidding Documents. 3.1 Complete sets of the Bidding Documents may be obtained from Birkhoff, Hendricks, & Conway, L.L.P., 7502 Greenville Avenue, Suite #220, Dallas, Texas 75231 (214-361- 7900) for a non-refundable cost of $50.00. The following general requirements pertain to the Bidding Documents: A) No bidding documents will be issued later than two (2) days prior to the bid opening date. 1-3 Bidding Documents 3.2 3.3 B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $25.00 per set. c) Bidding documents may be examined free of charge at the offices of Birkhoff, Hendricks, & Conway, L.L.P., 7502 Greenville Avenue, Suite #220, Dallas, Texas 75231 (214-36.1-7900). Complete sets of Bidding Documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issued. The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. Qualifications of Bidders. The Bidder shall submit within five (5) days of the Owner's request such evidence as the Owner may require to establish his ftnancial 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. 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). 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 may be required to complete this project. D. Financial (within five (5) days if requested). 1-4 Bidding Documents o 6.2 Each Bidder shall be prepared to submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement (current within the last six (6) months of bid date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. E. Technical Experience, The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. F. Proof that the bidder maintains a permanent place of business. Conflict of Interest. City Charter states that no officer or employee of the City shall have a fmancial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. Examination of Contract Documents and Site. Access to the site shall be from the street and right-of-way at the respective intersections. It shall be the contractors responsibility to provide necessary and adequate traffic control before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to the OWNER. 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 1-5 Bidding Documents 6.3 6.4 6.5 6.6 7.2 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. 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. 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. 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. 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. Interpretations and addenda. All questions about the meaning or intent of the Contract Documents are to be directed to the Purchasing Agent. Interpretations or clarifications considered necessary by the Purchasing Agent in response to such questions will be issued by Addenda mailed or delivered to all bidders recorded as having received the Bidding Documents. Questions received less than two days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Each Bidder shall acknowledge on the bid proposal that all Addenda issued have been received. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. 1-6 Bidding Documents 8.2 8.3 Contract Time. 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. Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule chart to the Owner for approval. Extension of the contract time shall be based on a Change Order or written amendment as specified in Item 1.36 of the General Provisions. Liquidated Damages. Provisions for liquidated damages are set forth in the Contract. Liquidated damages for this project are: Two hundred and Forty dollars ($240.00) per day. 10. Substitute or "Or-Equal" Items. 11. 11.1 "The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. Subcontractors, Suppliers, and Others. If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, supplier, person or organization if requested by the Owner. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable 1- 7 Bidding Documents 11.2 12. 12.1 12.2 13. Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against who Contractor has reasonable objection. Bid Proposal. 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. The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated on the Bid Form. A corporation Bidder must name the state in which the organization is chartered. Bids which are signed for a corporation shall have the correct corporate name thereof, its post office address, and the signature of the president or other authorized officer of the corporation, manually written below the corporate name in the following manner: "By If the bid is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. If the bid is made by a firm or partnership, the name and post office address of the managing member of the fLrm or partnership shall be given or the bid may be signed by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members of the finn or partners. Provision Concerning Escalator Clauses. Bids containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the Bidder without being considered. 14. Estimates of Quantities. The quantities listed in the Bid Form will be considered as approximate and will be used for the comparison of bids. Payments will be made to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for in the Contract Documents. 1-8 Bidding Documents 15. 16. 16.1 16.2 17. 18. 19. 19.1 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, 10:00 a.m. on Thursday, March 17, 2005 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-0205-02 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 Third Edition. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED Construction of : the State Highway 121 Water Line (North Coppell Road and Denton Tap Road) Project WA 01-01" on the face of it and addressed to the Purchasing Agent, City of Coppell, Texas. Modification and Withdrawal of Bids. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. If, within twenty-four hours after the Bids are opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified from further bidding on the work. Rejection of Bids. Bids may be rejected d they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid from an individual, firm or partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. Bids submitted without a Proposal Guaranty, per NCTCOG's Item 1.5 of the Standard Specifications for Public Works Construction will be rejected. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid prior to that date. Award of Contract. The Owner reserves the right to reject any and all Bids, to waive any and all informalities except for the time of submission of the Bid and to negotiate contract terms with the 1-9 Bidding Documents 19.2 19.3 19.4 19.5 19.6 20. 21. 22. 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. 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. The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. The Owner may conduct such investigations as the owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of Award within ninety (90) days after the date of the Bid opening. Execution of Agreement. Within 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. Affidavit of Bills Paid. Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and that there are no claims pending. Bid Compliance. 1-10 Bidding Documents Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. 25. Notice to Proceed. 25. 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. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the construction contract, the successful bidder shall provide a per item breakdown of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. Silence of Specification. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. 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. 1 -I 1 Bidding Documents 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. 1-12 Bidding Documents _ BID FORM PROJECT IDENTIFICATION: State Highway 121 Water L'me (North Coppell Road and Denton Tap Road) Project WA 01-01 in Coppell, Texas BID OF: FOX CONTRACTORS (NAME OF FIRM) DATE: March 24, 2005 THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) c/o Purchasing Agent 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 CITY OF COPPELL BID NO: Q- 0205-02 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. 3. In submitt'mg 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 2 Date: 3-11-05 3-17-05 (b) (c) (d) (e) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. BIDDER has studied carefully all reports and drawings of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. BIDDER has studied carefully all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site, which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests reports or similar information or data are or will be required by BIDDER for such purposes. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (0 BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. This bid is genuine and not made in the interest of or on behalf of any undisclosed person, 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. 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. It is understood and agreed that the contractors experience in this type of work will be a strong consideration in the award of the bid. It is strongly recommended that each bidder visit the site prior to submitting a bid. Construction constraints exist, including traffic that could affect productivity. BIDDER will complete the Work for the following price(s): CITY OF COPPELL, TEXAS State Highway 121 Water Line (From North Coppell Road to Denton Tap Road) WA-OI-O1 BID SCHEDULE No. Quantity Unit Description and Price in Words Price Price I-1 1 L.S. Mobilization $ 5,000.00 $ 5,000.00 complete in place, the sum of Five Thousand Dollar,, and No Cents per Lump Sum Furnish and Install 12-Inch PVC Waterline I-2 7,898 L.F. by Open Cut w/Embedment $ 34.25 $ 270,506.50 complete in place, the sum of Thirty-Four Dollar~, and Twenty-Five Cents per Linear Foot Furnish and Install 12-Inch PVC Waterline w/20-Inch Steel Encasement Pipe by other 1-3 802 L.F. than Open Cut $ 296.00 $ 237,392.00 complete in place, the sum of Two Hundred Ninety-Six Dollar~, and No Cents per Linear Foot Furnish and Install 8-Inch PVC Waterline I-4 45 L.F. by Open Cut w/Embedment $ 40.00 $ 1,800.00 complete in place, the sum of Forty Dollar,, and No Cents per Pound Furnish and Install 6-inch PVC Waterline I-5 184 L.F. by Open Cut w/Embedmem $ 26.00 $ 4,784.00 complete in place, the sum of Twenty-Six Dollars and No Ceres per Linear Foot Item Quantity Unit Total No. Unit Description and Price in Words Price Price I-6 6,000 Lb. Furnish and Install Ductile Iron Fittings $ 4.85 $ 29,100.00 complete in place, the sum of Four Dollars and Eighty-Five Cents per Pound I-7 11 Ea. Furnish and Install 12-Inch Gate Valve $ 1,560.00 $ 17,160.00 complete in place, the sum of One Thousand Five Hundred Sixty Dollars and No Cents per Each I-8 3 Ea. Furnish and Install 8-Inch Gate Valve $ 930.00 $ 2,790.00 complete in place, the sum of Nine Hundred Thirty Dollars and No Cents per Each I-9 8 Ea. Furnish and Install 6-Inch Gate Valve $ 695.00 $ 5,560.00 complete in place, the sum of Six Hundred Ninety-Five Dollars and No Cents per Each 1-10 1 Ea. Furnish and Install 6-Inch Blow-Off Valve $ 1,600.00 $ 1,600.00 complete in place, the sum of One Thousand Six Hundred Dollars and No ~Cents per Each Furnish and Install 2-Inch Aire Release and 1-11 6 Ea. Air and Vacuum Valve $ 2,100.00 $ 12,600.00 complete in place, the sum of Two Thousand One Hundred Dollar~, and No Cents per Each Item I Unit Total No. Quantity Unit] Description and Price in Words Price Price 1-12 8 Ea. Furnish and Install Standard Fire Hydrant $ 2,200.00 $ 17,600.00 complete in place, the sum of Two Thousand Two Hundred Dollars md No Cents per Each For Connecting to Existing 12-Inch 1-13 2 Ea. Waterline $ 800.00 $ 1,600.00 complete in place, the sum of Eight Hundred Dollars and No Cents per Each For Connecting to Existing 8-Inch 1-14 2 Ea. Waterline $ 1,500.00 $ 3,000.00 complete in place, the sum of One Thousand Five Hundred Dollars and No Cents per Each 1-15 193 L.F. Full Depth Concrete and Asphalt Sawcut $ 4.00 $ 772.00 complete in place, the sum of Four Dollars and No Cents per Linear Foot Remove and Dispose of Existing Concrete 1-16 346 S.Y. Drive and/or Pad $ 6.00 $ 2,076.00 complete in place, the sum of Six Dollar~, and No Cents per Square Yard Remove and Replace Concrete Driveway 1-17 85 S.Y. and/or Pavement $ 50.00 $ 4,250.00 complete in place, the sum of Fifty Dollar~, and No Cents per Square Yard Item U nit Total No. Quantity Unit Description and Price in Words Price Price Remove and Replace Existing Barbed Wire 1-18 832 L.F. Fence $ 2.75 $ 2,288.00 complete in place, the sum of Two Dollars and Seventy-Five Cents per Linear Foot Remove and Replace Metal Beam Guard 1-19 20 L.F. Fence $ 35.00 $ 700.00 complete in place, the sum of Thirty-Five Dollar~ and No Cents per Linear Foot 1-20 1 L.S. Remove and Replace Brick Screening Wall $ 1,500.00 $ 1,500.00 complete in place, the sum of One Thousand Five Hundred Dollar~, and No Cents per Lumn~ Sum 1-21 14 Ea. Remove and Dispose of Tree $ 375.00 $ 5,250.00 complete in place, the sum of Three Hundred Seventy-Five Dollars and No Cents per Each 1-22 20 C.Y. Extra Concrete for Encasement $ 75.00 $ 1,500.00 complete in place, the sum of Seventy-Five Dollars and No Cents per Cubic Yard Furnish, Install, & Maintain Trench Safety 1-23 8,127 L.F. Plan and System $ 0.40 $ 3,250.80 complete in place, the sum of No Dollars and Forty Cents per Linear Foot 1-19 No. Quantity Unit Description and Price in Words Price Price Furnish, Install, Maintain & Removal of 1-24 1 L.S. Erosion Control Devices $ 28,000.00 $ 28,000.00 complete in place, the sum of Twenty-Eight Thousand Dollars and No Cents per Lump Sum Furnish, Install & Maintain Traffic Control 1-25 1 L.S. Plan and Devices $ 6,000.00 $ 6,000.00 complete in place, the sum of Six Thousand Dollars and No Cents per Lump Sum TOTAL BID ITEMS BASE BID I-1 Thru 1-25 $666,079.30 TANGIBLE PERSONAL PROPERTY COST* $312,083.03 (For Clarification refer to Instructions to Bidders, page 1-11 Section 24-Sales Tax) *DO NOT ADD TO TOTAL BID AMOUNT AS THIS IS INCLUDED IN BID ITEMS I-1 THRU 1-25 BID SUMMARY TOTAL PRICE CALENDAR DAYS TOTAL BID ITEMS BASE BID I-1 thru 1-25 $ 666,079.30 In Words: Six Hundred Sixty-Six Thousand Dollars and Thirty Cent. 140 BIDDER agrees that all Work awarded will be completed within 140 Calendar Days. Contract time will commence to run as provided in the Contract Documents. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. 10. 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). 11. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adjusted accordingly. SUBMITTED ON Signature: March 24, 2005 PROPOSAL GUARANTY A Proposal Guaranty shall be provided in accordance with Item 1.5 of the NCTCOG's Standard Specifications for Public Works Construction. 1-21 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 ia the Specifications of the Invitation to Bid. The period of acceptance of this bid will be ninety (90) calendar days from the date of the bid opening. STATE OF Texas COUNTY OF Ellis BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Luis Velasquez who after being by me duly sworn, did depose and say: "I, Luis Velasquez am a duly authorized office/agent for Name Fox Contractors and have been duly authorized to execute the Name of Firm foregoing on behalf of the said Fox Contractors Name of Firm I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/ commodities bid on, or to influence any individual(s) to bid or not to bid thereon." Name and Address of Bidder: Fox Contractors, Inc., P. O. Box 951/ 3411 F. M. 663, Midlothian, Texas 76065 Telephone: (972) 723-6870 by: Title: Estimator/Superintendent Luis Velasquez Signature: C~ 4AL~ SUBSCRIBED AND SWORN to before me by, the above named on this the / ~ dayof ~]~ F/' J 20 d5 Notary Public in and for the StaLe of 1-22 Bidding Documents If BIDDER IS: An Individual By_ .(Seal) (Individual's Name) doing business Business Phone No. as address A Partnership By (Seal) (Finn Name) (General Partner) Business address Phone No. A Corporation By: Fox Contractors Texas (1987) By Luis Velasquez (Corporation Name) (State of Incorporation) (Name of person authorized to sign) Estimator/Superintendent (Title) (Corporate Seal) .'C--~_ ~-x. Attest ~x.~wx>,- .-4^ \/s ~' ~ (Secret) ~ ~ ' - P. O. 951/3411 F.M. 663, Midloth~ Texas 7~5 Phone No. Business address 972/723-6870 A Joint Venture By By. (Name) (Address) (Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a partner to the joint venture should be in the manner indicated above.) 1-23 Bidding Documents FROtq ; FOXrd.~088 PHONE NO. : 387 877 ::;'285 Jul. 26 28~4 B2-'49PM P1 MINUTES OF TB £ SHAREHOLDERS OF FOX CONTRACTORS, INC. The monthly meeting of the share, hold~a of Fox Comxacto~ Inc. 7:30 A. M. ~n luly 26, 2~4 at 10283 Sine H~233~e~, Wy~ing 83101. T~ ~d m~g w~ ~1~ by Joy S. Fox ~ 51% ~ehol~ ~ ~sid~t of~e Co,or, on. ~escnt a the ~d m~ting wee Jo~ S. Fox ~d ~ B. Fox 4~ sh~ a~ Vi~ Pres~m of Fox Contraaom Inc. At the me~ ~ s~c~ld~s VOt~ nn~nimou~[y ~0 ~ Ih~ ~OW~g ~ Luis Vd~uez E~r/Su~m~em ofF~ ~r, ~ ~ly appoimed m sign for Fox Comra~o~ ~- in wh~er ~city ~, bid do~t~ c~k~ cx~t a~tic~i~ and ~~ tO ~e the 26~ d~ of July 2004 Pres/dent The Stale of Wyomln~ County 0f Lincoln Witness my b,,~ and official seal. The foregoln$..e~/l~orale minutes was acknowledged before nm by Joy S. FOX and Robert 1t. Fox this 6-~ffl~ff_-~'~tay of July. 2004 Notary Public C WAIS Document Retrieval Page 1 of 3 GENERAL DECISION: TX20030035 10/08/2004 TX35 Date: October 8, 2004 General Decision Number: TX20030035 10/08/2004 Superseded General Decision Number: TX020035 State: Texas Construction Types: Heavy Counties: Collin, Dallas, Denton, Ellis, Kaufman and Rockwall Counties in Texas. Water and Sewer Lines/Utilities (Including Related Tunneling Where the Tunnel is 48" or Less in Diameter) Modification Number Publication Date 0 06/13/2003 1 02/13/2004 2 10/08/2004 * PLUM0100-002 05/01/2004 Rates Fringes Plumbers and Pipefitters ....... $ 22.53 7.16 SUTX1991-004 09/23/1991 Rates Fringes Laborers: Common ...................... $ 6.533 Utility ..................... $ 7.467 Pipelayer ...................... $ 7.828 Power equipment operators: Backhoe ..................... $ 10.804 Crane ....................... $ 10.942 Front End Loader ............ $ 9.163 Tunneling Machine (48" or less) ....................... $ 9.163 Truck Driver ................... $ 8.528 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations http://frwebgate.access.gp~.g~v/cgi~bin/getd~c.cgi?dbname=Davis-Bac~n&d~cid=TX2~~3... 4/12/2005 WAIS Document Retrieval Page 2 of 3 indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: an existing published wage determination survey underlying a wage determination Wage and Hour Division letter setting forth a position on wage determination matter conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party {those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: an Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. http://frwebgate.access.gp~.g~v/cgi~bin/getd~c.cgi?dbname=Davis~Bac~n&d~cid=TX2~~3... 4/12/2005 WAIS Document Retrieval END OF GENERAL DECISION Page 3 of 3 http ://frwebgate.access.gp~.g~v/cgi-bin/getd~c.cgi?dbname=Davis-Bac~n&d~cid=TX2~~3... 4/12/2005 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 12th day of April in the year 2005 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and Fox Contractors (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 7,900 linear feet of 12-inch PVC water line by open cut with embedment; 800 linear feet of 12-inch PVC waterline in steel encasement pipe by boring; eleven 12-inch gate valves; three 8-inch gate valves; eight 6-inch gate valves; eight standard fire hydrants; one 6-inch blow off valve; six 2- inch air release valves; together with all necessary appurtenances. Work shall include all components necessary for the "turn key" construction of the State Highway 121 Water Line (North Coppell Road to Denton Tap Road) as shown on the plans designated WA 01-01. 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 STATE HIGHWAY 121 WATER LINE (NORTH COPPELL ROAD TO DENTON TAP ROAD) WA 01-01 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 ConVcact Documents in connection with completion of the Work in accordance with the Contract Documents. 2- l Contract Documents Article 3. CONTRACT TIME. 3.1. The Work will be completed within 140 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 dally (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred Forty. dollars ($240.00) for each day that expires after the time specified in paragraph 3.1 for Completion until the Work is complete. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 Proposal and Bid Schedule. The contract sum shall be the amount of $666,079.30. The total tangible personal property cost included in the contract sum is $312,083.03. A~cle5. 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. 2-2 Contract Documents 5.1.1. Prior to Completion, progress payments will be made in an mount 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. Article7. 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 tectmical 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. 2-3 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 thc entire agreement CONTRACTOR concerning the Work consist of the following: between OWNER and 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, 3ra 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 "State Highway 121 Water Line (North Coppell Road and Denton Tap Road) Project No. WA~01-01 for the City of Coppell". 2-4 Contract Documents 8.8. Drawings entitled: "WA 01-01". 8.9. The following listed and numbered addenda: 8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding Documents. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 1.37 and 1.38 of the General Provisions. 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 1.37 and 1.38 of the General Provisions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 1.0 of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (expect to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 2-5 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 April 12, 2005. OWNER: City of Coppell 255 Parkway Boulevard Coppell, TX 75019 BY: [~ ATTmT: ~~ /~~ Ad&ess for giv~g n~ficas: P.O. Box 9478 Coppell, Texas 75019 Arm: Ken Griffin, P.E. Dir. of Engineering/Public Works CONTRACTOR: Fox Contractors P. O. Box 951 Midlothian, Texas 76065 BY: Euis Velasquez // TITLE: Estimator/Superintendent ATTE ST: ~,~L,,._.~ ~,.._ ~,~ Address for giving notices: P. O. Box 951/3411 F. M. 663 Midlothian, Texas 76065 Arm: Luis Velasquez Estimator/Superintendent (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 2-6 Contract Documents Client#: 3707 FOXCON1 ACORD,M CERTIFICATE OF LIABILITY INSURANCE05110104DATBI"M'BB 'YYYI l~%°~;~%Lad Shreffler Insurance '.O. Box 1119 Jedford, TX 76095 1~17 589-4500 ~SURED L. Fox Contractors, Inc. PO Box 951 Midlothian, TX 76065-0951 THIS CERTIFICATE 15 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 IAIC # ~NSURERA: Bituminous Casualty Corp 20095 ~NSURER S: Interstate Fire & Casualty 22829 ~NSURERC: Texas Mutual Ins. Co. 22945 INSURER D: INSURER E COVERAGES L 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 SEEN REDUCED BY PAiD CLAIMS POLICY EFFECTIVE TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD~YI LP3188876 05/10/04 *Blkt AIANOSI30 ;EN'L AGGREGATE LIMIT APPLIES PER: Jired by written contract IABIUTY 8875 ANY AUTO ALLOWNEDAUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS *BIkt Al/WeS/30 E LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY OCCUR L~ CLAIMS MADE DEDUCTIBLE $ 5000 WORKERS COMPENSATION AND EMPLOYERS~ LIABILITY ANY PROPRIETOPJPARTNER/EXECUTWE OFFICEPJMEMBER EXCLUDED? descdbe under ~L PROVISIONS below Mired by written contract M01606069 TSF0001131265 *Blkt wes *As required by written contract 05/10/04 05/10/04 05110/04 POLICY EXPIRATION DATE (MM/DO/YY} 05/10/05 05/10~05 05/10105 05/10/05 LIMITS EACH OCCURRENCE $110001000 DAMAGE TO RENTED $100~000 pREMISES lEa occurrencel MED EXP (Any one person) $10~000 PERSONAL & ADV INJURY $110001000 GENE RAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGO $2,000,000 COMBINED SINGLE LIMIT $1 ,nnn,nnn,,,,v vvv =a accident) BODILY INJURY $ Per person) BODILY INJURY Per accident) PROPERTY DAMAGE Per accident) AUTO ONLY - EA ACCIDENT EA ACC OTHER THAN AUTO ONLY: AGG EACH OCCURRENCE $2,000,000 AGGREGATE $210001000 $ $ X WC STATU- OTH T(~RY L M TS ER EL. EACH ACCIDENT $500,0UU E.L. DISEASE - EA EMPLOYEE $500,000 EL DISEASE- POLICY LIMIT $500,000 EBCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Iote: Policies provide for 10 days notice of cancellation for non-payment of premium. ~,tate Highway 121 Water Line ity of Coppell is included as Additional Insured on ;eneral Liability and Automobile policies per policy form. CANCELLATION -~ERTIFICATE HOLDER City of Coppell L P.O. Box 9478 Coppell, TX 75019 kCORD 25 (2001108) 1 of 2 #M29232 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL "{[~ DAYS WRIttEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. DKW e ACORD CORPORATION 19~8 I_ L L L L L L L I I L L IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between 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. ~,CORD 25-S (200tl08) 2 of 2 #M29232 General Instructions For Bonds The surety on each bond must be a responsible surety company which is qualified to do business in Texas and satisfactory to the Owner. 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. If the principals are parmers, 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. The signature of a witness shall appear in the appropriate place, attesting the signature of each individual party to the bond. 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. 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. The date of this bond must not be prior to the date of the contract in connection with which it is given. 2-8 Contract Documents PERFORMANCE BOND Bond # TXIFSU0284534 STATE OF TEXAS } COUNTY OF DALI.AS } KNOW ALL MEN BY TIEESE PRF_~ENTS: That Fox Contractors whose address is P. O. Box 951, Midlothian, Texas 76065, hereln~,~er called Principal, and international Fidelity Insurance Gompany .......................... , a corporation Ol'gnn!?~'~] ~ exisfin~ '~.dcr thc ]aw~ of thc St~¢ of New Jersey , "nd fifily licensed to tra~act b~zJ.ues~ in the State of Tex~ ~ Surety, are held and f:mnly beund unto th~ CITY OF COPPELL, a municipal corporation orgmxized and existing under the laws of the State of Texas, herei.~ger called "Beneficim-y", in the penal sum of Six Hundred SixW-Six Thousand Sevcntv-Nin¢ DOLLARS and Thirvt CENTS ($ 666,079.30 ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum wcll and truly ~o bc made, wc bind ourselves, our heirs, executors, admini.~rators and successors jointly and severally, firmly by these presents. This Bond shMl amornatic.~dly be increased by thc amoun~ of uny Chsm,e Order or Supplemental Agreement which increa~cs the Contract price, but in no cvc~ shall a Change Ordcr or Supplcmcntal Agrcomcnt which reduccz thc Contract price decrease the penal sum of ~ OBLIGATION TO PAY SAIVIE is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Beneficiary, dated the 12th of April, A.D. 2005, which is made a part hereof by reference, for the construction 0f certain public improvements that are generally described as follows: Construction of the: State Highway 121 Water Line (North Coppell Road sad Denton Tap Road) Project No. WA-01-01 Bid No. Q-0205-02 NOW, TI-EEREFORE, ff the Principal ghsll well, truly and faitlffully perform and fi:lfill all of the undertakings, covenants, terms, conclltiom and ag~teowamts of said Contract in accordance with the plans, specifications and Contract documents during thc original term thereof and any extension thereof which may be granted by the Banefieiary, with or without notice ~to the Surety, and during the life of any guaranty or warranty required under tiffs Conic'ant, and shall alao well and truly Imrform and fulfill all the undertakinga, covenants, texms, conditions and agreements of any and all duly authorized modifications o£ said Conm~et that may hereafter be m de, notice of which modifie tlor to the hereby walv~: 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 fi.om the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemni& and save harmless the Banefieiary 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 expeme which the 2-9 Contract Documents Beneficiary may incur in w~lelng good any default or d~ficieney, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED I~U~RTHER, that if any legal action be filed on this Bond, exclusive Venue 8hall lie in Dallas County. Texas. AND PROVIDED FURTtlF_~ that the said Surely, for value received, hereby stipulates and agrees that no clmnge, extension of time, alteration or addition to the tams of the Contract or to the Work to be performed thereunder or the specifications accompanying the shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such ~-nge, extension of time, alteration or addition to the terms of the Contract, or to the Work or to thc Specifications. This Bond is given pursuant to the provisions of Article 5160 of Vernon's .~,motated 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 six copies, each one ofwhlch shall be deemed an original, this the 12th dayof April ,20 05. PRINCIPAL Fox Contractors Luis Velasqo~z SURETY International Fidelit}' Insurance Company Title: Estimator/Superintendent Title: Attorney-In-Fact NAiVe: Baldwin Insurance a Bonds ~ AD]D~$S: 1201 Kas Drive~ Suite B: Richardson, TX 75081 NOTE; Data of Performance Bond must be date of Contract.. If Resident Agent t~ not ¢orporatior~ give person's 2- I 0 Contraat Doc~nen~ BOND Bond # TXIFSU0284534 STATE OF TEXAS COUNTY OF DAH.~ } KNOW Al,l, MEN BY THESE PRESENTS: That Fox Contractors whose address is P. O. Box 951, Midlothimb Texas 76065 , hereinafter called Principal, and International Fidelity Insurance Company , a corporation organized and exJsti~ under thc laws oftbe State o£ New Jersey , and fully licensed to transact buainess in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, berei~affer called "Beneficiary", in the penal sum of S.ix Hundred Sixty-Six Thousand Seventy-Nine DOLLARS and ~ CENTS ($ 666.079.30 ) 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 r-~,t., wc bind ourselves, our heks, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by thc amount of any Che~ge Order or Supplemental Agreement which increases the Contract priee, but in no event shall a Change Order or Supplemental A~reement which reduces the Contract price (kereaee 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, ~tod the 12th of April, A.D. 2005 , which is made a part hereof by reference, for the construction of certain public improvements that arc generally dcseribod as follows: Construction of the: State Highway 121 Water Line (North Coppell Road and Denton Tap Road) Project No. WA-01-01 Bid No. Q-020~02 NOW, TI-~REFORE, if thc Principal shall well, mdy and faithfully l~rform its duties and make prompt payment to all pereens, firm,s, 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 he void; otherwise ii shall rer~aln in full force and effect. PROVIDED FURTIq~R, that ff any legal action be fil~ on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURT~rI~.R, 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, crc., 2-11 Contract Documems accompanying the same, shall in anyway affect irs obligation on this Bond, and it does hereby waive notice of any such change, exte~ion of time, alteration or s,~Oi~ion to the terms of the Contract, or to the Work to be performed thereunder. 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 dcsig~_?exi by ~e Surety herein as the Resident Agent in Dallas Couniy or Denton County to whom any requisit~ 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, Vcrnon's Annotated Civil $~s of the State of Tcxm. IN ~'l'l'l'~__~ I,~HEI[~OF, this instrument is executed in Six each one of which shall be deemed an original, ~ the 12th.. day of' April 200_~_5. PRINCIPAL SURETY Fox ConR'actor$ Luis Velas~ez ' Tifle:Estir~or/Superin~ndent International Fidelity insurance Company By: Title: Attorney-In-Fact The Resident Agent of thc Sur~_~. D~llas or service oft.he process is: A'I-I'EST: L Baldwin Insurance & Bonds ADDRESS: 1201 Kas Drive, Suite B: Richardson, TX 75081 NOr& Oate of Perforrnance Bond mu~t be date of Eontract. lf Re~ld~nt dg~nt i~ not a cor~oratiog gtwt a t~raon'~ 2- ] 2 Contract Documents ]VI_A. INTE~ANCE BOND Bond # TXIFSU0284534 STATE OF TEXAS COUNTY OF DALLAS } KN'OW AI,I. MEN BY I'H~E PRESENTS: THAT Fox Contractors as Principal, and international Fidelity Insurance Company , a corporation organized under the laws of New Jersey ............................................................. . aS sureties, do hereby exprczsly acknowledge themselves to be held and bound to pay unto the City of Coooell, a Muriicipal Corporation, Texa~, the sum of Thr~c Hundred Thirty-Three Thousand. Thine-Nine Dollars and Sixty-Five Cents ($333.039.65~. which this amount is ($0%)of the total conlract amount of Six Hundred Sixty-Six Thoa~snd Seventy-Nine Dollars and Thirty Cents ($666,079.30), for thc payr-,--t of which sum will and truly be made unto said Municipal Corporation , and its succe, ssors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. TIIlq obligat/on is conditioned; however, that whereas, the said~ this day entered into a written contract with the said City.of Coovel[ to build and co~slruct State Highway 121 Water Line (North Coppell Road to Denton Tap Road)~ which contract and the plans and specifications therein mentioned, adopted by the City of Coovell 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 mRintain and keep in good repair, thc work herein contracted to bo done and performcd, 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 whale or in part of said improvements that should be oceasion~ by settlement of foundation, defective workmanihip or materials furnished Lu the construction or any part thereof or any of the accessories thereto constructed by the Conlractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and c.~r~c thc same a~alnst thc ~aid Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages m~mtioned in sa/d contract for each day' s failure on its' part to comply with the terms of said provisions of said contract. Now, therefore, ff the said Contractor shall keep and perform its' said agreemant to wal.tain said work and keep the ~me in repair for the said m~intc~ance period of two (2) years, as provided, then these presents shall be null and void, and have not fLuther cfi'act, but if default shall be made by the za/d Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full forc~ and dfcct, and said City of Coooell shall have 0nd receive from the said Contractor and its' principal and sureties d~maSes in the premises, as provided; and it is further agreed that this obligation shall be a cantim~inE one against the principal and suredes, hereon, and that successive recoveries may be and had hereon for successive branches unt/1 the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue t/troughout said maintenance period, and the same shall not be changed, diminished or in any manner affected ~om any cause during said time. 2-1 ~ Contract Documents ~ ~['][~r~ss ~r[']~a~o~', t~e S~d Principal- Fox Contractor's, Inc. ~ CA~ ~ese ~e~ to ~e ~ ~ Luis Velasquez ~ ~ ~d Surety - International Fidelity Insurance Company ~ ~ ~c~ prc~ ~ be ex~ by i~ A~om~ ~ ~ ~d ~o ~d A~m~ ~ f~t Diana K. Willis , ~ beretta ~t ~ ~ ~c 12th ~y Of April , 20 05 Fox C~ntr.actors Luis Velasq)~i~z TiQ¢: Estimator/$auerintamdent SURRTY International Fidelity Insurance Company Ti'dc: Attorney-In-Fact WITNESS: (--~-~ A'I'I'Ii;ST: PIO'I'E: Date of Maint,nanc, Bond mu~t ~ be prior~t datg of Contract. ~ ~ 2.14 Cantract Document$ Tel (973)62427200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE CoMpANy~ a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint MICHAEL D. H~NDRICKSON, WILLIAM B. CADENHEAD, DIANA K. WILLIS, BECKY L. B~ Hurst, TX. ts true and awfu attorney(s)- n-fact to execute seal and deliver for and on its behalf as surety any and all bonds and undertakings, contracts of fudenmity and other writings obligatory tn the nature thereof, which are or may be allowed, required or permitted b}' law, statote, rule, regulation, contract or otherwise, and - the execution of such instrument(s) in pursuance of these presents, shall be as bindtng upon me said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorne is executed, and ma be revoked, pursuant to and by authority of Article 3~Section 3, of the B -Laws ado ted by the Board of - Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on thc 7th day of~ebruary, ~74. 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 atlach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory n 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 sealed 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 exceq>t: 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 bear ng such lacs m e s~gnatores or facsimile sealshall be valid and binding 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 fatore 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 coq~orate seal to be affixed by its authorized officer, this 31st day of August, A.D. 1998. STATEcounty of EssexOF NEW JERSEY ~ ~~--INTERNATIONAL FIDE~CE COM`~.~NY On this 31st day of August 1998, before me came the indiv dual who executed the preceding ins~3mment, to mepersonally known and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said thstmment 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. NOTARY PUBLIC IN TESTIMONY WHEREOF. I have hereunto set my hand affixed m) Official Seal at the Ci% of Newark. New Jersey the day and year first above written. CERTIFICATION A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Nov. 21. 2005 1. the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify th~ 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 Compan) a~ sec forth in said Power of Attorney, w~th the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof and of tho whole of the said origthals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONYWHEREOF. l havehereuntosetm5 hand this /~(~ day of ~t/~,~? ~ Assistant Secretary IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may call International Fidelity Insurance Company's telephone number for Information or to make a complaint at: 800-333-4167 toll-free You may also write to International Fidelity Insurance Company at: Attn: Claims Department One Newark Center, 20th Floor Newark, NJ 07102 You may contact the Texas Department of Insurance to information on companies, coverages, rights or complaints at: 800-252-3439 obtain 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 S UPPLEMENTAR Y 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, THIRD ADDITION, PREPARED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. PART I: GENERAL PROVISIONS - DIVISION 1 PROPOSAL REQUIREMENTS ITEM 1.0 - DEFINITIONS SC-1.0 Engineer: The word "Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 478, Coppell, TX 75019, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. Owner: The word "Owner" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. Calendar Day: Add the following sentence to the end of the working days definitions: Hours worked before 8:00 a.m. after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request must be made in writing and approved by the City of Coppell. Seventy-two hours notice required. All overtime incurred by the City for inspection services and any overtime incurred by the testing laboratory 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): 3-1 Standard Specifications Supplementary Conditions "Maintenance Bond shall be required in the amount of 50% of the cost of the public improvements for a 2 year period." 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 3-2 Standard Specifications Supplementary Conditions operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRACTOR shall replace the utilities or service lines with the same type of original construction, or beuer, 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 permiued 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 by 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, 3-3 Standard Specifications Supplementary Conditions CONTRACTOR may make a claim for an extension of time in accordance with Item 1.36. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor. 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 3-4 Standard Specifications Supplementary Conditions existing inlets, street intersections or other utilities indicated on the construction plans. The Contractor shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the requirements .of the construction documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and to the lines and grades given therein." ITEM 1.33 - OTHER CONTRACTORS; OBLIGATION TO COOPERATE SC-1.33 Delete the last sentence of the second paragraph and substitute the following in lieu thereof: "In such event, Contractor shall be entitled to an extension of working time only for unavoidable delays verified by the Engineers, as provided in Item 1.36; however, no increase in the contract price shall be due the Contractor." Insert the following sentence at the end of the second paragraph of Item 1.33: "The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR of such related work except as provided in Item 1.36." ITEM 1.36 - DELAYS; EXTENSION OF TIME; LIQUIDATED DAMAGES SC-1.36 Add the following at the end of the last paragraph in Item 1.36: "No extension of the contract time shall be allowed unless the CONTRACTOR can demonstrate the delay caused an adverse impact to the critical path and that loss of time can not be made up by revising the sequence of the work of the project." ITEM 1.37 - CHANGE OR MODIFICATION OF CONTRACT SC-1.37 1.37.1 Amend the last sentence in Paragraph two of Item 1.37.1 to delete the following "except as provided below." Add the following sentence to the end of paragraph two in Item 1.37.1. "The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: 3-5 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 15 ! .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. 3-6 Standard Specifications Supplementary Conditions 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 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 may be used only with specific written permission of the Engineer." ITEM 2.1.6 - RIPRAP OR STONE MASONRY: (b) Materials and Dimensions (4) Mortar Riprap. Add the sentence: Mortar or concrete type shall be approved by the Engineer and shall conform to A.S.T.M. C 387-83. ITEM 2.1.7 - PIPE BEDDING MATERIAL FOR STORM SEWERS: (a) General: Amend the first sentence, by striking the words "requirements for earth bedding" and replace with "recommendations of the pipe manufacturer, and shall be approved by the Engineer". (b) 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: 3-7 Standard Specifications Supplementary Conditions (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. 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 DMSION 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 II1 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 . 3-8 Standard Specifications Supplementary Conditions not less than one every 200 linear feet of pavement, unless otherwise specified on the Plans or directed by the Engineer. (C) Proximity to Existing Structures: Add to end of sentence, "or as directed by the Engineer ". (2) Contraction Joints. Delete the first sentence of the first paragraph and insert the following: "Contraction or dummy joints shall be sawed to 1-1/4 inches in depth, and 1/4 inch in width, and installed every 20 linear feet of pavement, and extend through curb, unless otherwise directed by the Engineer." (h) Finishing. (1) Machine. Add the following paragraph at the end of this subsection: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." (2) Hand. Add a new paragraph after first paragraph which reads as follows: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a frae 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." 3-9 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 Third Edition prepared through the North Central Texas Council of Governmems (NCTCOG). 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 NCTCOG Standard Specifications are contained in Section 3 - Supplememary 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 City of Coppell Standard Construction Details (Ord.#92-554), and Appendix 'C' Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord.#94-643) 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. A.S.T.M. A.A.S.H.T.O. A.C.I. A.W.S. A.W.W.A. S.S.P.C. N.E.M.A. W.P.C.F. TX.DOT OSHA TAS ADA S.S.P.W.C.N.C.T. American Standards Association American Society of Testing Materials American Association of State Highway & Transportation Officials American Concrete Institute American Welding Society American Water Works Association Steel Structures Painting Council, Federal Specifications Treasury Department Underwriters Laboratories National Electrical Manufacturers Association Water Pollution Control Federation Texas Department of Transportation Occupational Safety and Health Administration Texas Accessibility Standards Americans with Disabilities Act Standard Specifications for Public Works Construction North Central Texas 4~ 1 Specific Project Requirements 1.1 OWNER: The "Owner" as referred to in these Specifications is the City of Coppell, P.O. Box 478, Coppell, Texas 57019. 1.2 ENGINEER: The "Engineer" as referred to in these Specifications is the City Engineer, City of Coppell, Engineer. of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. 1.3 CITY OF COPPELL: All improvements described in this Proposal and Construction Drawings shall be done in accordance with the Project Drawings and Specifications. In the event that an item is not covered in the Project Drawings and Specifications, then the Standard Specifications for Construction for the City of Coppell, Texas shall apply. 1.4 SITE: The Contractor shall limit his work to the area shown on the Project Drawings as within the street right-of-way. Entrance onto private property shall be at the expressed approval of the ENGINEER, only. 1.5 PROJECT DESCRIPTION: This Contract consists of the construction of water improvements on State Highway 121 Water Line (North Coppell Road to Denton Tap Road) in the Contract Plans, Project No. WA 01-01. 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 1.8 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 having 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. SOIL INVESTIGATION: A geotechnical investigation report has not been prepared. The Contractor shall visit the site and acquaint himself with the site conditions. 1.9 SURVEY AND FINISHED GRADES: The Contractor shall be responsible for installation of the water lines to plus or minus 0.10-foot of the elevations shown on the construction plans. 4-2 Specific Project Requirements 1.10 1.11 1.12 1.13 1.14 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 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 constructisn staking which shall be considered incidental to the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. CONFORMITY WITH DRAWINGS: All work shall conform to the lines, grades, cross-sections, and dimensions shown on the Drawings. Any deviation from the Drawings which may be required by the exigencies of construction will be determined by the Engineer and authorized by him in writing. TESTING LABORATORY SERVICE: The Owner shall make arrangements with an independent laboratory acceptable for all 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 contractors' responsibility for his own quality assurance/quality control testing. Passing tests on any portion of the work does not relieve the Contractor of his responsibility under the terms of this contract for the entire project. Contractor shall replace any deficient construction items. SUSPENSION OF WORK: If the work should be stopped or suspended under any order of the court, or other public authority, the Owner may at any time during suspension upon seven days written notice to the Contractor, terminate the Contract. In such an event, the Owner shall be liable only for payment for all work completed plus a reasonable cost for any expenses resulting from the termination of the Contract, but such expenses shall not exceed $5,000. PRESERVATION OF TREES: Permission of the Engineer must be obtained for removal of trees on the property that obstruct the installation of the improvements as outlined in this project. Penalty for destruction of a tree without permission shall be $500.00 each payable to the Ovmer. If damage is continuous, tree guards shall be erected when so directed by the Engineer at the Contractor' s expense. COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading the plans and specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly 4-3 Specific Project Requirements 1.15 supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required bylaw to protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. No separate compensation will be paid to the Contractor for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law for the protection of persons or property. The Contractor shall assume all duties owned by the City of Coppell to the general public in connection with the general public's inunediate 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 shall have been accepted. If the Engineer discovers that the Contractor has failed to comply with the applicable federal and state law (by failing to furnish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as required by law to be taken to protect persons and property, and shall be reimbursed by the Contractor for any expense incurred in ordering such additional precautionary measures. In addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of warning devices, barricades, signs, lights, or other precautionary measures in protecting said property, and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by and at the cost and expense of the Contractor. If the damages are not corrected in a timely fashion, then the City shall have the right to repair the damage and charge the cost back to the Contractor. All of this work is considered incidental and shall not be separate pay item. 4.4 Specific Project Requirements The Contractor shall obtain approval from TxDOT for his traffic control and barricade plan along the Frontage Road to S. H. 121. 1.16 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: 1.17 1.18 1.19 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. After commencing the work, use every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them from damage. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items which may be encountered during the work are not necessarily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. The Contractor shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground or above ground, and he shall settle in total cost of all damage suits which may arise as a result of this operations. To avoid unnecessary interferences or delays, the Contractor shall coordinate all utility removals, replacements and construction with the appropriate utility company. DRAINAGE: The Contractor shall maintain adequate drainage at all times. PROJECT MAINTENANCE: The Contractor shall maintain, and keep in good repair, the improvements covered by these plans and specifications during the life of the contract. CLEANUP: During Construction. The contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site when it becomes objectionable or interferes with the progress of the project. Final. Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belonging to him and leave the site with an appearance acceptable to the Engineer and the Owner..The Contractor shall thoroughly clean all 4-5 Specific Project Requirements 1.20 equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new-appearing condition. 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. 1.24 Addenda: Bidders desiring further information or interpretation of the plans and specifications must make request for such information to the Engineer prior to forty-eight (48) hours before the bid opening. Answers to all such requests will be given in writing to all bidders in addendum form and all addenda will be bound with and made a part of the contract documents. No other explanation or interpretation will be considered official bor binding, any addenda issued prior to twenty-four (24) hours before the opening of bids will be mailed or delivered to each Contractor contemplating the submission of a proposal on this work. The proposal as submitted by the Contractor will be so constructed as to include any addenda if such are issued by the Engineer prior to twenty- four (24) hours before the opening of bids. 1.25 Fences and Drainage Channels: Boundary fences, gates or other improvements removed to permit this construction shall be replaced in the same location and left in a condition as good as or better than that in which they were found. Where surface drainage channels are disturbed or blocked during construction, they shall be restored to their original condition of grade and cross section after the work of construction is completed. 4-6 Specific Project Requirements SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 1.1 GENERAL: 1.2 1.4 1.3 Contractor to submit Shop Drawings, Product Data and Samples as required by the Contract Documents and as specified in other sections of the specifications. SHOP DRAWINGS: 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. 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. No work requiring shop drawings will be executed until review and acceptance of such drawings has been obtained. PRODUCT DATA: Preparation: 1. Clearly mark each copy to identify pertinent products or models. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. 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. SAMPLES: Provide samples as indicated in other parts of these specifications. CONTRACTOR RESPONSIBILITIES: A. Review Shop Drawings and Product Data prior to submission. Determine and verify: 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and similar data. 4-7 Specific Project Requirements 4. Conformance with specifications. Coordinate each submittal with requirements of the work and of the Contract Documents. Begin no work which requires submittals until return of submittals with Engineer' s review. Keep one (1) approved copy of shop drawings or product data at job site at all times. 1.6 SUBMISSION REQUIREMENTS: Make submittals promptly and in such sequence as to cause no delay in the work or in the work of any other contractor. Number of submittals required: 1. For shop drawings and product data: Submit the number of copies which the contractor requires, plus four which will be retained by the Engineer. 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. D. REVIEW: 4-8 Specific Project Requirements 1.7 Shop drawing and product data information review will be general. Such review will not relieve the contractor of any responsibility and work required by the Contract. 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. Rejected shop drawings will be corrected and resubmitted to the Engineer for Acceptance. RESUBMISSION REQUIREMENTS: Make any corrections or changes in the submittals required by the Engineer and resubmit until accepted. 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: 1.9 Review submittals with reasonable promptness. Affix stamp and initials or signature, and indicate requirements for resubmittal, or acceptance of submittal. Return submittals to Contractor for distribution, or for resubmission. MINIMUM LIST OF SUBMITTALS: C. D. E. F. G. H. I. J. Waterline Materials 1. PVC 2. Ductile Iron Gate Valves Blow Off Valves Air Release Valve Fire Hydrant Assembly Portland Cement Concrete Brick Screen Wall Materials Trench Safety Plan - Engineered Design SWP3 Traffic Control Plan 4-9 Specific Project Requirements SECTION $ DESCRIPTION OF PAY ITEMS DESCRIPTION OF PAY ITEMS This section includes comments concerning various Pay Items so that the Contractor can fully understand the scope of work involved in the Pay Items. 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) Disinfection and hydrostatic testing of the water line and appurtenances, (b) Any curb, gutter or valley gutter replacement necessitated by damage during construction (not included in Bid Item 16), (c) Removal and replacement of any signs, (d) Any concrete thrust blocking necessary for change in pipe direction, (e) Any and all mechanical joint restraint (eg. megalugs) required for security pipe joints up and down from any vertical and/or horizontal change in pipe direction, (f) Any relocation or reconnection of existing fire hydrants, (g) Old valve removal. 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 in the Standard Specifications for Public Works Construction - North Central Texas Council of Governments Third Edition, unless modified by these special provisions. All work for this project shall be governed by the Standard Specifications for Public Works Construction - North Central Texas Third Edition, as prepared by the North Central Texas Council of Governments, the City of Coppell Standard Construction Details (Ord. #92-554), and Appendix 'C' Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord. #94-643), together with any additional Supplementary Conditions, Specific Project Requirements, General Notes or Description of Pay Items included herein. 2.1 Pay Item #1 Mobilization: This item shall consist of the mobilization of personnel and supplies at the project site in preparation for beginning work on other contract items. Measurement and payments shall be made on the basis of the bid price per lump sum (L.S.) and shall be the total compensation for all activities associated with this item. 2.2 Pay Item #2 Furnish and Install 12-Inch PVC Waterline by Open Cut w/Embedment: This item shall include furnishing and installing 12" PVC water pipe (AWWA C900, Class 200, SDR-14) by open cut with embedment, at the locations shown on the Plans. Where necessary, mechanical joint restraint and/or thrust blocking is considered to be subsidiary to this bid item. Measurement and payment shall be made on the basis of the bid price per linear foot (L.F.) and shall be the total compensation for furnishing all labor, materials and Description of Pay Items 2.3 equipment necessary to complete the work, including excavation, embedment, blocking, polyethylene wrap, thrust restraints, backfill, testing and disinfection as delineated by the Plans. Pay Item #3 Furnish and Install 12-Inch PVC Waterline w/20-Inch Steel Encasement Pipe by other than Open Cut: This item shall include furrfishing and installing 12" PVC water pipe (AWWA C900, Class 200, SDR-14) with 20" diameter, 3/8" thick steel encasement pipe (AWWA C2002 & C2003) by other than open cut, at the locations shown on the Plans. Measurement and payment shall be made on the basis of the bid price per linear foot (L.F.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work, including excavation of bore pits, spacers and end boots on casing, backfill, testing and disinfection as delineated by the Plans. 2.4 Pay Item #4 Furnish and Install 8-Inch PVC Waterline by Open Cut w/Embedment: This item shall include furnishing and installing 8" PVC water pipe (AWWA C900, Class 200, SDR-14) by open cut with~ embedment, at the locations shown on the Plans. Where necessary, mechanical joint restraint and/or thrust blocking is considered to be subsidiary to this bid item. Measurement and payment shall be made on the basis of the bid price per linear foot (L.F.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work, including excavation, embedment, blocking, polyethylene wrap, thrust restraints, backfill, testing and disinfection as delineated by the Plans. 2.5 Pay Item #5 Furnish and Install 6-Inch PVC Waterline by Open Cut w/Embedment: This item shall include furnishing and installing 6" PVC water pipe (AWWA C900, Class 200, SDR-14) by open cut with embedment, at the locations shown on the Plans. Where necessary, mechanical joint restraint and/or thrust blocking is considered to be subsidiary to this bid item. Measurement and payment shall be made on the basis of the bid price per linear foot (L.F.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work, including excavation, embedment, blocking, polyethylene wrap, thrust restraints, backfill, testing and disinfection as delineated by the Plans. 2.6 Pay Item #6 Furnish and Install Ductile Iron Fittings: This item shall consist of furnishing and installing all ductile-iron fittings (AWWA Cll 1), including bends, tees, plugs and reducers whether shown on the Plans or not. This item shall NOT include bends and riser pipe at fire hydrant locations. Weights of fitting are listed in the specifications section TS-2. 5-2 Description of Pay Items 2.7 2.8 2.9 2.10 2.11 Measurement and payment shall be made on the basis of the bid price per pound (Lbs.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work, including polyethylene wrap, excavation, embedment and backfill. Pay Item #7 Furnish and Install 12-Inch Gate Valve: This item is for furnishing and installing 12" gate valves (AWWA C500) at the locations shown on the Plans. Measuremem and paymem shall be made on the basis of the bid price per each (Ea.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work, including polyethylene wrap, zinc coated nut, excavation, embedment and backfill as delineated by the Plans. Pay Item #8 Furnish and Install 8-Inch Gate Valve: This item is for furnishing and installing 8" gate valves (AWWA C500) at the locations shown on the Plans. Measurement and payment shall be made on the basis of the bid price per each (Ea.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work, including polyethylene wrap, zinc coated nut, excavation, embedment and backfill as delineated by the Plans. Pay Item//9 Furnish and Install 6-Inch Gate Valve: This item is for furnishing and installing 6' gate valves (AWWA C500) at the locations shown on the Plans. Measurement and payment shall be made on the basis of the bid price per each (Ea.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work, including polyethylene wrap, zinc coated nut, excavation, embedment and backfill as delineated by the Plans. Pay Item #10 Furnish and Install 6-Inch Blow-Off Valve This item is for furnishing and installing 6" blow-off assembly and valves (AWWA C500), including all necessary pipe fittings and plugs at the locations shown on the Plans and in accordance with the City of Coppell standard details. Measurement and paymem shall be made on the basis of the bid price per each (Ea.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work, including polyethylene wrap, excavation, embedment and backfill as delineated by the Plans. Pay Item #11 Furnish and Install 2-Inch Air Release and Air and Vacuum Valve This item is for furnishing and installing 2" air release valves (AWWA C512), including all necessary pipe fittings and plugs at the locations shown on the Plans and in accordance with the City of Coppell standard details. Measuremem and payment shall be made on the basis of the bid price per each (Ea.) and shall be the total compensation for furnishing all labor, materials and equipment 5-3 Description of Pay Items 2.12 Pay Item #12 Furnish and Install Standard Fire Hydrant: This item shall include furnishing and installing fire hydrants as per the City of Coppell's General Design standards at the locations shown on the Plans. Assembly shall include hydrant, ductile iron riser pipe, (6"), and ductile iron bends and elbows (6"). Assembly shall exclude ductile iron "Tee" (paid under Item #6) and PVC lateral pipe (paid under Item #5). Measurement and payment shall be made on the basis of the bid price per each (Ea.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work including excavation, polyethylene wrap, embedment, thrust restraints, blocking, pipe, fittings, painting and backfill. 2.13 Pay Item #13 Connecting to existing 12-Inch Waterline: This item shall consist of furnishing and installing a connection of the new PVC water pipe to the existing 12" water pipe , including the removal of any existing plugs, at the locations indicated on the Plans, including isolating the existing water line, cutting existing line, providing sleeves and fittings. Measurement and payment shall be made on the basis of the bid price per each (Ea.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work. 2.14 Pay Item #14 Connecting to Existing 8-Inch Waterline: This item shall consist of furnishing and installing a connection of the new PVC water pipe to the existing 8" water pipe, including the removal o£ any existing plugs, at the locations indicated on the Plans, including isolating the existing water line, cutting existing line, providing sleeves and fittings. Measurement and payment shall be made on the basis of the bid pr/ce per each (Ea.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work. 2.15 2.16 2.17 Pay Item #15 Full Depth Concrete and Asphalt Sawcut: This item shall consist of the full depth sawcutting of existing concrete or asphalt street pavement, driveways and sidewalks as delineated by the Plans. Measurement and payment shall be made on the basis of the bid price per linear foot (L.F.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work as delineated by the Plans. Pay Item #16 Remove and Dispose of Concrete Driveway and/or Slab: This item shall include removal and disposal of concrete driveway pavement and concrete slabs at the locations shown on the Plans. Measurement and payment shall be made on the basis of the bid price per square yards (S.Y.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work as delineated by the Plans. Pay Item #17 Remove and Replace Concrete Driveway and/or Pavement: This item shall include removal and replacement of concrete driveway and/or pavement at the locations shown on the Plans. Finished pavement shall be constructed Description of Pay Items 2.19 of reinforced Portland Cement Concrete to the limits delineated in the Plans and in conformity with the City of Coppell's General Design Standards and details. Measurement and payment shall be made on the basis of the bid price per square yard (S.Y.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work as delineated by the Plans. 2.18 Pay Item//18 Remove andReplace Existing Barbed Wire Fence: This item is for removing and replacing existing barbed wire fence in a condition as- good-as or better than original, at locations shown on the Plans, or as required by project conditions and approved in advance by the City of Coppell. The Contractor shall make every effort to protect any livestock encountered on adjacent properties during construction. Fencing shall be repaired or replaced immediately, or temporary fencing installed to prevent the escape of livestock. No excavated area shall be left open overnight without adequate fencing to restrain livestock. Measurement and payment shall be made on the basis of the bid price per linear foot (L.F.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the wb~k. Pay Item//19 Remove and Replace Existing Metal Beam Guard Fence: This item is for removing and replacing existing metal beam guard fence in a condition as-good-as or better than original, at locations shown on the Plans, or as required by project conditions and approved in advance by the City of Coppell. Measurement and payment shall be made on the basis of the bid price per linear foot (L.F.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work. 2.20 Pay Item//20 Remove and Replace Brick Screening Wall: This item is for removal and replacement of the existing brick screening wall adjacent to the Magnolia Park Addition and as indicated on the Plans. The texture, color and structure of the wall must match that of the existing wall, to the satisfaction of the City of Coppell. Measurement and payment shall be made on the basis of the bid price per lump sum (L.S.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work. 2.21 Pay Item #21 Removal and Disposal of Existing Trees: This item is for removal and disposal of existing trees in the path of the waterline excavation, at locations shown on the Plans, or as required by project conditions and approved in advance by the City of Coppell. Measurement and payment shall be made on the basis of the bid price per each (Ea.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work. 5-5 Description of Pay Items 2.22 2.23 2.24 2.25 Pay Item #22 Extra Concrete for Encasement: This item is for furnishing and placing extra concrete for encasement not called for on the plans. This item is only to be used at the written direction of the City of Coppell and is included to provide for contingencies not anticipated in the Plans. This item is exclusive of concrete for blocking which is considered subsidiary. Measurement and payment shall be made on the basis of the bid price per cubic yard (C.Y.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work. Pay Item #23 Furnish, Install, & Maintain Trench Safety Plan and System: This item shall consist of the Trench Safety Plan and System designed by a Professional Engineer licensed in the state of Texas, installation, maintenance and removal of the trench safety system for installation of all water lines, bore pits and project appurtenances. Measurement and payment shall be made on the basis of the bid price per linear feet (L.F.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to complete the work. Pay Item #24 Furnish, Install, Maintain & Removal of 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 at a site specific Storm Water Pollution Prevention Plan (SWP3) and then depending on the size of the activity, either submit an NOI to the TCEQ or post a notice on-site. The SWP3 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 and conditions of the permit. The SWP3 shall be subject to approval by the City. The SWP3 must be retained on-site or notice must be posted if the SWP3 is retained off-site. Measurement and Payment shall be made on the basis of the price bid per lump sum (L.S.) to pay the contractor for the preparation and implementation of the SWP3, 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 SWP3. Pay Item #25 Furnish, Install and Maintain Traffic Control Devices: This item shall include furnishing, installing and maintaining temporary traffic signs in accordance with Texas Manual of Uniform Traffic Control Devices. Measurement and payment shall be made on the basis of the bid price per lump sum (L.S.) and shall be the total compensation for furnishing all labor, materials and equipment necessary to prepare the traffic control plan and complete the installation of the temporary traffic control devices and flagmen. 5-6 Description of Pay Items Testing And Chlorination Of Water Pipe All waterlines installed by this contract shall be tested and chlorinated in accordance with standard City procedures and requirements. Contractor shall furnish and install all taps for testing and testing supply points (no separate pay item). Clean-Up Of The Site And Disposal Of Excess Material Clean up of the site and disposal of excess material shall be considered incidental to, and part of the installation of waterline prices without separate payment. Description of Pay Items SECTION 6 TECHNICAL SPECIFICATIONS Project Sign TECHNICAL SPECIFICATIONS SECTION TS1 - GRAY IRON OR DUCTILE IRON FITTING WEIGHTS TSI.O1 CONTRACT WEIGHT OF DUCTILE IRON FITTiNGS Installation of ductile iron fittings is required at vertical and horizontal bends along the waterline alighnment. The City has provided a payment mechanism to reimburse the Contractor for such fittings as Pay Item #6. The following fittings will be paid at the contract rate for the poundage listed below. Items not listed must be submitted for claification well in advance of installation to avoid discrepancies during the payment review process. Fitting Description Single Unit Pound Weight 12" DIP 45 degree flanged elbow 122 12" DIP 22-1/2 degree flanged elbow 93 12" DIP 11-1/4 degree flanged elbow 84 8" flanged plug 29 6" flanged plug 20 12" x 12" DIP flanged "tee" 201 12" x 8" DIP flanged "tee" 162 12" x 6" DIP flanged "tee" 128 8" x 8" DIP flanged "tee" 91 12" x 8" DIP flanged "concentric reducer" 74 CITY OF COPPELL PROJECT SIGN NOTES: 1) LEI H-RING SHOULD BE BOLD TYPE 2) SIGN PANEL 'WILL BE .3/4" EXTERIOR PLYWOOD PAINTED AS SHOWN ON DETAIL 3) FRAME WILL BE 2"X4" STOCK- REINFORCED BEHIND SIGN PANEL AT APPROX. 2' CENTERS 4-) ALL PAINT TO BE "OUTDOOR TYPE" 5) COPPELL LOGO TO BE PROVIDED BY THE CITY 6) MOUNTING POSTS TO BE 4"x4" STOCK SECURELY MOUNTED EXAMPLE: STATE HIGHWAY 121 WATER LINE (WA 01-01) CONTRACTOR: XXXXXX XXXXXX XXXXXXX (000) 000-0000 COMPLETION DATE: XXXXXX 2005 SECTION 7 TxDOT PERMIT Notice of Proposed Installation Utility Line on Controlled Access Highway ,ECE VED JUL 004 D^LL $ ROW To the Texas Transportation Cormmssion c/o District Engineer Texas Department of Transportation Dallas , Texas D~e July20, 2004 Formal notice is hereby given that Company proposes to place a line within the right-of-way of SH 121 Texas as follows: (give location, length, general design, etc.) City of Coppell 12-tach PVC Potable Water Line m Dallas and Denton South Right-of-Way line of SH 121, between North Coppell Road and Denton Tap Road, within the city limits of Coppell, Texas. Construction of a 12-inch diameter PVC potable water line, 7928 linear feet of which by open cut construction methods with embedment and 802 linear feet of which by other than open cut construction methods. The line is to be constructed~v~al~within the 10-foot TxDOT utility corridor. One copy of the plans and specifications are attached for review purposes The line will be constructed and maintained on the highway right-of-way as shown on the attached drawing and in accordance with the rules, regulaUons and policies of the Texas Department of Transportation (TxDOT), and all governing laws, _ including but not limited to the "Federal Clean Water Act," the "Federal Endangered Species Act," and the "Federal Historic Preservation Act" Upon request by TxDOT, proof of compliance with all governing laws, roles, and regulations Will be submitted to TxDOT before commencement of construction. Our firm will use Best Management Practices to minimize erosion and sedimentation resulting from the proposed installation, and we will revegetate the project area as indicated under "Revegetation Special Prox isions.' Our firm will insure that traffic control measures complying with applicable portions of the Texas Manual of Umform Traffic Control Devices will be installed and maintained for the duration of this installalaon The location and description of the proposed line and appurtenances is more fully shown by sets of drawings attached to this notice. one complete Construction of this line will begin on or after the 1't da5' of September 20 04 _ By signing below. I certi~' that I am authorized to represent the Firm listed below, and that the Firm agrees to the conditions/provisions included in this permit Firm City of Coppell By (Print) Mr. Kenneth M. GritTm, P.E Signature Title Director of Engineering and Public Works Address P.O Box 478 Coppell, Texas 75019 Phone No. 972-304-3686 FORM 1023 APPROVAL TO: City of Coppell 255 Parkway Blvd Coppell TX 75019- Attn: Ken Griffin HwyNo: SH 121 Control: 0364 Section: Area Office Number: 56 Denton County Date: 08/03/04 02 The Texas Department of Transportation (TxDOT) offers no objection to the location on the right-of- way of your proposed 12" WATER line as shown on the accompanying drawings and notice dated 07120104 except as shown below. It is expressly understood that the TxDOT does not purport, hereby, to grant any right, claim, title, or easement in or upon this highway; and it is further understood that the TxDOT may require the owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice. You are requested to notify this office prior to commencement of any routine or periodic maintenance which requires pruning of trees within the highway right-of- way, so that we may provide specifications for the extent and methods to govern in trimming, topping, tree balance, type of cuts, painting cuts and clean up. These specifications are intended to preserve our considerable investment in highway planting and beautification, by reducing damage due to trimming. The installation shall not damage any part of the highway and adequate provisions must be made to cause minimum inconveniences to traffic, and adjacent property owners. In the event the Owner fails to comply with any or all of the requirements as set forth herein, the State may take such action as it deems appropriate to compel compliance. SPECIAL PROVISIONS: * Water & Pressure Sewer Pipelines * Crossing By Boring * General Utility Specifications * Trench Excav. & Pit Locations * Specifications For Backfill * Revegetation Special Provisions: In order to minimize erosion and sedimentation resulting from the proposed installation, the project area will be revegetated * in accordance with TxDOT's Standard Specification Item 164 which specifies the appropriate grass seed mix to be used. All applicants must contact and/or permit with local governments prior to start of construction. Please notify DENTON AREA OFFICE TELEPHONE (940) 387-1414 forty-eight (48) hours prior to starting construction of the line in order that we may have a representative present. PERMIT NO. 20040802005 By: Texas Department of Transportation Utility Permit Supervisor - Dallas District