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WA0301-CN050621 T H E: C I T Y 0 F CO?P-ELL CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR LOCH LANE WATER LINE PROJECT NO. WA 03-01 Bid # Q-0505-01 THE CITY OF COPPELL MAY 2005 TABLE OF CONTENTS Section 1 - Addendum No. 1 Bidding Documents Notice to Bidders Instructions to Bidders Proposal/Bid Schedule Prevailing Wage Rates Page # 1-4 1-5 1-15 1-25 Section 2 - Section 3 - Section 4 - Section 5 - Section 6 - Contract Documents Standard Form of Agreement (Contract) Certificate of Insurance Instructions for Bonds Performance Bond Payment Bond Maintenance Bond For this project, the Standard Specifications for Public Works Construction - North Central Texas 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 govem all work to be done, together with any additional Supplementary Conditions, Specific Project Requirements, General Notes or Description &Pay Items included herein. City of Coppell's Supplementary Conditions to the NCTCOG General Provisions Specific Project Requirements Description of Pay Items Plans 2-2 2-8 2-9 2-10 2-12 2-14 3-1 4-1 5-1 6-1 SECTION 1 BIDDING DOCUMENTS T H £ C I T Y 0 F COPPELL BID PROPOSAL ADDENDA ADDENDUM NO: PROJECT NAME: LOCATION: ISSUED BY: ONE Loch Lane Water Line Installation WA 03-01 COPPI~LL, TEXAS City of Coppell ISSUE DATE: May 23, 2005 BID DATE: May 26, 2005 This addendum modifies and extends the requirements of the plans and construction specifications for the above referenced project. Staple this addendum to the inside of the rear cover of the construction specifications or bind it into the construction specifications at the end of the Bid Proposal. 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 SPECIFICATIONS 1. Section 5-Description of Pay Items 2.14 Pay Item #I-14 - Abandon Existing 2" Water Line: This work shall include abandoning the existing 2" water line as follows: Remove free flowing liquids from the line and fill with grout. No portion of the 2" water line may be left connected to the 16" main. Plug the portion of the main that fed the 2" line. Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) to be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work. · Clarification: 2.14 Pay Item #I-14 - Abandon Existing 2" Water Line: This work shall include abandoning the existing 2" water line as follows: Remove free flowing liquids from the line and plug any and all cut sections with a minimum of 12 inches of non shrink grout. No portion of the 2" water line may be let't connected to the 16" main. Plug the portion of the main that fed the 2" line. ADDENDUM NO: PROJECT NAME: ONE Page 2 Loch Lane Water Line ISSUE DATE: May 23, 2005 BID DATE: May 26, 2005 Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) to be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work. General Questions for Clarification There appears to be a conflict between the proposed 8" water line and the brick mailbox at 604 Loch Lane. Is the mailbox to be relocated? The water line is to be installed in front of the mailbox. The mailbox should be protected from damage, but need not be relocated. The asphalt pavement repair shall be done in accordance with Pay Item 1-12. The actual quantity of repair will be paid at the unit price established under this pay Item. In several locations along the installation there are trees that overhang that will interfere with the equipment required to install the water line. What are we to do about the trees? All trees within the project area are to be protected to the greatest extent possible. The successful bidder shall work with the city inspector to locate the line where it will have the least impact to the adjacent property and trees. In the event tree trimming is necessary it shall be done in a neat, professional manner. Any trimmings shall be hauled off and properly disposed of by the contractor. Any cost associated with protecting or trimming of trees shall be considered subsidiary to the installation of the water line, and no additional payment will he made for this work. The 1" service line to the homes on the north end of the street appear to have bends on them. Are these required fittings? No special fittings are required for the bends shown. Services may be installed in a direct path as long as they remain within the public Right of Way. END OF ADDENDUM NO. ONE This addendum forms a part of the contract documents. The original Contract Documents and any prior addenda remain in full force and effect except as modified herein which shall take precedence over any contrary provisions in the prior documents. Keith R. Marvin, PE. BIDDING AND DOCUMENTS NOTICE TO BDDERS The City of Coppell is accepting bids for the construction of the Loch Lane Water Line Installation Project - No. WA 03-01. Specifications may be obtained for a non-refundable cost of $25.00 fi.om the Purchasing Agent, 255 Parkway Blvd., Coppell, Texas, or telephone (214) 304- 3698. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for the construction of the Loch Lane Water Line Installation Project No. WA 03-01 will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, until 2:00 p.m., May 26, 2005, 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-0505-01 designated clearly on the exterior of the bid envelope. Included with the bid there should be a completed Bid Affidavit and a Proposal Guaranty per Item 1.5 of the NCTCOG's Standard Specifications for Public Works Construction Third Edition. 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 May 19, 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 fi.om charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials (tangible personal property) in the space provided on the bid form. The successful bidder's bid form will be used to develop a separated contract and determine the extent of the tax exemption. BIDDING AND CONTRACT DOCUMENTS 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 9478, Coppell, Texas 75019. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. Scope of Work. This work shall consist of the installation of approximately 600 linear feet of 8-inch PVC water line in Loch Lane. Work shall include all components necessary for the "turn key" construction of the Loch Lane Water Line Project as shown in the plans for WA 03-01, including but not limited to: PVC pipe, long and short 1-inch services, street repair, boring, fire hydrant assemblies, 8-inch valves, connections to existing water lines, abandoning the existing 2-inch water line, traffic control and sodding. Copies of Bidding Documents. Complete sets of the Bidding Documents may be obtained from the Purchasing Agent at the office of the City of Coppell, 255 Parkway Boulevard, Coppell, Texas for $25.00. The following general requirements pertain to the Bidding Documents: No bidding documents will be issued later than two (2) days prior to the bid opening date. 1-5 Bidding Documents' B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $15.00 per set. c) Bidding documents may be examined f~ee of charge at the offices of the City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. 3.2 3.3 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 financial responsibility, and possession of such equipment as may be needed to complete the work in an expeditious, safe and satisfactory manner. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience (within five (5) days if requested). A list of all projects presently under construction by the bidder including approximate cost and completion date shall be submitted upon request. B. Past Project Experience (required to be submitted with bid see Section 7). The Bidder shall submit a list of comparable projects completed within the previous five years including, contract information, location, approximate cost(s), and completion date(s). C. Equipment (within five (5) days if requested). The Bidder shall provide a list of equipment which will be used on this project. The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if any, that he must rent/lease as may be required to complete this project. 1-6 Bidding Documents 6.2 D. Financial (within five (5) days if requested). Each Bidder shall be prepared to submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement (current within the last six (6) months of bid date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. E. Technical Experience. The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. F. Proof that the bidder maintains a permanent place of business. Conflict of Interest City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or fights 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 fight-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 1-7 Bidding, Documents 6.3 6.4 6.5 6.6 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 othenvise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. 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 1-8 Bidding Documents 7.2 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. go 8.2 8.3 10. 11. 11.1 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 is: Two hundred forty dollars ($240.00) per day. Substitute or "Or-Equal" Items. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be fumished 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 1-9 Bidding Documents 11.2 12. 12.1 12.2 of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. 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 13. 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 attomey evidencing authority to sign the bid in the name of the person for whom it is signed. If the bid is made by a firm or partnership, the name and post office address of the managing member of the firm or partnership shall be given or the hid 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. l- I O Bidding Documents 14. 15. 16. 16.1 16.2 Estimates of Quantifies. 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. Submission of Bids. Bids will be received by the Purchasing Agent, and shall be submitted to the Purchasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019 until 2:00 p.m., May 26, 2005 and then publicly opened and mad 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-0505-01 and the name and address of the Bidder shall be submitted. Included with the bid there should be a completed Bid Affidavit and a Proposal Guaranty per Item 1.5 of the NCTCOG's Standard Specifications for Public Works Construction Third Edition. If the Bid is sent through the mall or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED Construction of: the Loch Lane Water Line Improvement Project No. WA 03- 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 thc Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in thc preparation of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified fi.om further bidding on the work. 17. Rejection of Bids. Bids may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid fi.om 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. 1-11 Bidding Documents 18. 19. 19.1 19.2 19.3 19.4 19.5 19.6 20. 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 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 trait 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 c0ntract 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. 1-12 Bidding Documents 21. 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. 22. Bid Compliance. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. 23. Notice toProceed. 24. 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. 25. Silence of Specification. 26. 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. Change Orders. 1-13 Bidding Documents 27. 28. 29. 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. 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. 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. Maintenance Bond. The Contractor shall provide a two year Maintenance Bond in the amount of 50% of the value of the work at the completion of the project. The bond must be provided prior to final payment by the City. 1-14 Bidding Documents PROJECT iDENTIFICATION: BID FORM Loch Lane Water lane Project No. WA 03-01 in Coppell, Texas BID OF (N.4ME OF FIRM') __ DATE 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- 0505-01 The undersigned BDDER proposes and agq'ees, if this Bid is accepted, to enter into an agreement with OW'NER in the form included in the Contract Documents to per£onn and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated m this Bid and in accordance with the other tcrms 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 aftcr 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 OVv~NER's Notice of Award No: Date: Rec'd: Itl submitting this B/d, 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 acknowledgcd): A _5.a3-ov ---- / /5 Btddmg Doc~ument~s (b) (c) 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 ail 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. (d) (e) (0 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 fu_mishing 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. BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 1-16 Bidding Documents (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or roles 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 trait 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 and agreed that the contractor's 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): 1-17 Bidding Documents LOCH LANE WATER LINE INSTALLATION WA 03-01 UNIT PRICE BID SCHEDULE BASE BID Item Quantity Unit Description and Price in Words Unit Total No Price Price I-l 600 LF Furnish & Install 8" PVC Water Pipe Complete in Place T~_.,f,{.- F, ~.,o~ Dollars and z.e,_~.~ _ Cents 3Y, per LF. I-2 2 EA Furnish & Nstall 8" Ductile Iron Gate Valve , Complete in Place O~e ~,z%~ ~ Dollars And -ze ,'c Cents Per Each. ~ I-3 400 LB Furnish & Install Ductile Iron Fittings Complete in Place ~.~ c ~ Dollars per Pound. ' I-4 1 ES Furnish & install S. Fire Hydrant Assembly Complete in Place ~~Dollars per LS I-5 1 LS Furnish & Install N. Fire Hydrant Assembly Completein Place ' ~. t '~ k I~=a~-"Dollars and -~- ~ ~ ~ Cents ~ per LS. ! /8 -- B~ddmg Documen[~ LOCH LANE ~VATER LINE INSTALLATION WA 03-01 UNIT PRICE BID SCllEDULE BASE BID llem Quantity Unit Descnptmn and Price in Words Unit No Total -- t Price Price I-6 [ 1 ]EA Furnish & Install 2 'BlowoffVa ve Complete in Place ~(. hf i4'a,,Are and Z e co Cents per Each. - I-7 [ 9 EA Reco~ect Existing Se~,ices ~ ~ Complete in Place ~ andre o c~_ Cents per Each. ' I-8 [ 5 EA Replace/Co.eot Short Se~ices ] Complete in Place , and =e ¢'o PCents SF I-9 4 1-10 32 Replace/Connect Long Services Complete in Place 3~d~u~_~e~t.{ _ Dollars and p_~ __ Cents Der Each. Remove/Replace Concrete Sidewalk Complete in Place ~tv~ Dollars and ~er sg. 5-,75- LOCH LANE WATER LINE INSTALLATION WA 03-01 UNIT PRICE BID SCItEDULE BASE BID No , escnpt~on and P~Sce in Words Unit Price I-1 t 1 2 SY Remo,,e/Replace 6" Concrete Driveway Complete in Place Ont ~a~¢Per' T~.~ ~¢y Dollars and ':~-e ~,ro_ Cents .... per S.Y. I- 12 3 5 SY Remove/Repair Asphalt Paving Complete in Place 'D_.2~ ~, h~lt~2 T~o2_ Dollars and 'z~cc>__ Cents i- 13 18 'SY Remove/Replace 6" Gravel Driveway Complete in Place F-'° c~-e'ke~n,2_ Dollars and -z.. e ,c,~ Cents ~er S.Y. b 14 I LS Abandon Existing 2" Water Line Complete in Place ' and ~ (~ents per Lump Sum. b 5"Cx:_). Oc, l- 15 1 L$ Erosion Control Complete in Place aha ?-e_Pc. Cents ~ per Lump Sum. 1-20 LOCH LANE WATER LINE INSTALLATION WA 03-01 UNIT PRICE BID SCHEDULE BASE BID Item / Quantity Unit Description and Price in Words No. Unit Total Price Price 1-16 1 ' LS Traffic Control Complete in Place and ->_eeo Cents _ per Lump Sum ~, rS-c:o, cad ~/_~'CqD ,CC;; 1-17 1 LS Trench Safety Complete in Place '~c[ Dollars and _ ~e~,,2_ Cents per Lump Sum. l- 1 $ 1 LS Sod Complete in Place and z-e,,,o_ Cents ~ per Lu~mp Sum. TOTAL BID ITEMS BASE BID I-1 thru 1-18 TANGIBLE PERSONAL PROPERTY COST / 2/ Fhd / ~ g Doculnen[i BID SUMMARY TOTAL PRICE CALENDAR DAYS TOTAL BID ITEMS BAE BID I-1 thruI-18 $~'~{'14~)O ~'.~ BDDER agrees that alt Work awarded will be completed within ~ 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 BDDER indicated on the applicable signature page. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated inlo the project Said taxes are not included in the Contract Price (see Instructions to Bidders). 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. [he City o£ Coppell resets'es 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 ajay portion, the contract quantities will be adjusted accordingly,. PROPOSAL GUARANTY A Proposal GuaranW shall be provided in accordance with Item 1.5 of the NCTCOG's Standard Specifications for Public Works Construction. /-22 Btddmg Documeu~ 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 fumish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be ninety (90) calendar days from the date of the bid opening. STATE OF "~'-~_ r... o,_~ COUNTY OF 'C--.,_. \'~ ~ % BEFORE ME, the undersigned authority, a Notary Public in and for ihe State of T"e_~.&%, on this day personally appeared .. .,[. tX ~.~ 'Vo_\ ~,-~;. i, e -t. who after being by me Name b ' - duly sworn, did depose and say: Name Name of Ftrm foregoing on behalf of the said am a duly authorized office/agent for and have been duly authorized to execute the 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: ~'c,n ~(,¥~ ~-~.¢ 3to,~s ~ rxc.-. Telephone: (qCR)7~-~320 by: L ~x~ ~ ~e~q~e~ SUBSCRIBED AND SWORN on th s the ~ {,p~ ~ to before me by the above named day of Notary Public in and for the State of "T....~_.~/ ch 1-23 Btddmg Documents If BIDDER IS: An Individual By (Individual's Name) (Seal) doing business as Business address A Partnership By Phone No. (Firm Name) (General Partner) Business address Phone No. (Seal) A Corporation By_ (Corporation Name) (State of Incorporation) (Name of pe~'~on authorized to sign) (Titl¢ (Co¢orate Attest ~x ~ A Joint Venture By Phone No. By (Name) (Address) (Named (Addres~7 (Each joint venture must sign. The manner of signing for each individual, parmership and corporation that is a partner to the joint venture should be in the manner tndicated above.) 1-24 B~dding Documents PREVAILING WAGE RATES Air Tool Operator ................................ 9.00 Asphalt Raker .................................... 9.55 Asphalt Shoveler ................................. 8.80 Batching Plant Weigher ........................ 11.51 Cmpenter ......................................... 10.30 Concrete Finisher-Paving ...................... 10.50 Concrete Finisher-Structures ................... 9.83 Concrete Rubber ................................. 8.84 Electrician ........................................15.37 Flagger ............................................. 7.55 Form Builder-Structures ........................ 9.82 Form Liner-Paving and Curb .................. 9.00 Form Setter-Paving and Curb .................. 9.24 Form Setter-Structures ......................... 9.09 Laborer-Common ................................ 7.32 Laborer-Utility ................................... 8.94 Mechanic ......................................... 12.68 Oiler ..............................................10.17 Servicer ...........................................9.41 Painter-Structures ............................... 11.00 Pipe Layer ........................................ 8.98 Blaster ............................................11.50 Asphalt Distributor Operator .................. 10.29 Asphalt Paving Machine ..................... 10.30 Broom or Sweeper Operator .................... 8.72 Bulldozer ....................................... 10.74 Concrete Curhag Machine ...................... 9.25 Concrete Finishing Machine .................. 11.13 Concrete Paving Joint Machine ............... 10.42 Concrete Paving Joint Sealer .................. 9.00 Track Driver Lowboy/Float ................... 10.44 Truck Driver-Transit Mix ...................... 9.47 Truck Driver- Winch ............................ 9.00 Vibrator Operator-Hand Type .................. 7.32 Welder ........................................... 11.57 Concrete Paving Saw ................................ 10.39 Concrete Paving Spreader ........................... 10.50 Slipform Machine Operator .......................... 9.92 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel ........................... 11.04 Foundation Drill Operator Crawler Mounted ..... 10.00 Foundation Drill Operator Truck Mounted ....... 11.83 Front End Loader ..................................... 9.96 Milling Machine Operator ........................... 8.62 Mixer ..................................................10.30 Motor Grader Operator Fine Grade ............... 11.97 Motor Grade Operator ............................... 10.96 Pavement Marking Machine ......................... 7.32 Roller, Steel Wheel Plant-Mix Pavements ......... 9.06 Roller, Steel Wheel Other Flatwheel or Tamping ......................................... 8.59 Roller, Pneumatic, Self-Propelled .................. 8.48 Scraper .................................................. 9.63 Tractor-Crawler Type ............................... 10.58 Tractor-Pneumatic .................................... 9.15 Traveling Mixer ....................................... 8.83 Wagon-Drill, Boring Machine ..................... 12.00 Reinforcing Steel Setter Paving .................... I3.21 Reinforcing Steel Setter Structures ................ 13.31 Steel Worker- Structural ............................ 14.80 Spreader Box Operator .............................. 10.00 Work Zone Barricade ................................. 7.32 Truck Driver-Single Axle Light ..................... 8.965 Track Driver-Single Axle Heavy .................... 9.02 Track Driver -Tandem Axle Semi Trailer ......... 8.77 -- 1-25 Bidding Documents SECTION 2 CONTRA CT DOCUMENTS T H F~ C I T Y 0 F COPPELL STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the c~/ day o f ~J/~/.~,/ in the year 2005 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and FOX CONTRACTORS, INC. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This work shall consist of the installation of approximately 600 linear feet of 8-inch PVC water line in Loch Lane. Work shall include all components necessary for the "turn key" construction of the Loch Lane Water Line Project as shown in the plans for WA 03-01, including but not limited to: PVC pipe, long and short l-inch services, street repair, boring, fire hydrant assemblies, 8-inch valves, connections to existing water lines, abandoning the existing 2-inch water line, traffic control and sodding. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Construction of the LOCH LANE WATER LINE PROJECT Project No. WA 03-01 Article 2. ENGINEER. The Project has been designed by the City of Coppell Engineering Department. Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 2-2 Contract Documents Article 3. CONTRACT TIME. 3.i. The Work will be completed within 65 calendar days from the date when the Contract time commences to run as provided in Item 1.13 of the General Provisions, and completed and ready for final payment in accordance with Item 1.51 of the General Provisions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Item 1.36 of the General Provisions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for daily (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred forty, dollars ($240.00) for each day that expires after the time specified in paragraph 3.1 for Completion until the Work is complete. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 Proposal and Bid Schedule. The contract sum shall be the amount of$ 58~391.00. The total tangible personal property cost included in the contract sum is $ 38,538.06. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the General Provisions. Applications for Payment will be processed by ENG1NEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 1.51 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 2-3 Contract Documents 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated in Item 1.51.2 of the General Provisions, but, in each ease, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 1.52 of the General Provisions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 1.51.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Item 1.51.4. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 1.3 of the General Provisions, and accepts the determination set forth in Item SC-1.20 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 1.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such proposes. 2-4 Contract Documents 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 1.3, 1.20 and 1.21 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACTOR DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER CONTRACTOR concerning the Work consist of the following: and 8.1. This Agreement (pages 1-31 thru 1-36, 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, Third edition. 8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 2-1 thru 2-8). 8.7. Specifications bearing the title: "Construction Specifications and Contract Documents for the "Loch Lane Water Line Project No. WA 03-01 for the City of Coppell". 2-5 Contract Documents The Contract 1.37 and 1.38 8.8. Drawings entitled: "No. WA 03-01". 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 Rems 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). Documents may only be amended, modified, or supplemented as provided in Rems 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 fi.om any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 2-6 Contract Documents Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One countcn:part 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 ,2005. OWNER: City of Coppell 255 Parkway Boulevard Coppell, TX 75019 BY-: ~ .... ATTEST: CONTRACTOR: FOX CONTRACTING, INC. P O Box 591 Midlothian, TX 76065 ATTEST: Address for giving notices: Address for giving notices: P.O. Box 9478 Coppell, Texas 75019 Attn: Ken Griffin, P.E. Dir. of Engineering/Public Works (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 2-7 Contract Documents Certificate of Insurance After award of contract, Contractor will provide Owner with Certificate of Insurance which will be executed and bound here with final documents. 2-8 Contract Documents 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 partners, their individual names will appear in the body of the bond, with the recital that they are partners composing a firm, naming it, and all the members of the firm shall execute the bond as individuals. 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 tree copies. The date of this bond must not be prior to the date of the contract in connection with which it is given. 2-9 Contract Documents Client: 3707 FOXCON1 -ACORD,. CERTIFICATE OF LIABILITY INSURANCE I PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ceden½ead Shreffler Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8701 Bedford Euless Rd., #450 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Hurst, TX 76053 817 589-4500 INSURERS AFFORDING COVERAGE NAIC # ~SUREO ~NSU~E~ ~ Amerisurs Mutual Ins Co 23396 Midlothian, TX 76065-0951 COVERAGES THE POLICIES OF INSURANC~ LISTED BELOW HAV~ 6EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY RSQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE ~Y MAY ~RTAIN, ~E INSU~CE AFFORDED BY THE POUCIES DESCRIBED ~RE~N IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF ~CH POLICIES AGGRE GA~ LIMITS S~WN MAY ~VE BEEN REDUCED BY PA~D C~]MS A ~;~;~L U~mL~ CPP2029081 05110105 05110106 ~ ;~cH occu~[~c; ~1,000,000 ~ CLAIMS MADE ~CUR ~ *Blkt A~O~30 GENE~L AGGREGATE s2~000~O00 A : AUTOMOBILE LIABILI~ C~029080 05110105 05/10106 ~ *BIMA~OSI30 '~ required by ~RO~E~ ~E A workers CO~P~SA~ON ANP ~C2029084 05116105 051~ 0106 X Ci~ of Cop~ll is included as Additional Insured on General Liability and -- CERTIFICATE HOLDER CANCELLATION City of Coppell P.O. BOX 9478 Coppell, TX 75019 ACORD 25 (2001108) 1 of 2 #M32925 CHR e ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. A statement on this certificate does not comer 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 lleu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reYeme side of this form does not constitute a contract between ~e 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. ACORD 25-S (2001108) 2 of 2 ;r~M32925 Bond No: TXlFSU0284541 PERFORCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That Fox Contractors, Inc. whose eddmss is 3411 FM 663: Midlothian, TX 76065 , , h~inal~er c/ailed Principal, and International Fidelity Insruance Company , is corporation organized and existing under the taws of the State of New Jersey , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPI~LL, a municipal corporation organized and oxisting under thc lawa of the State of Texas, hereinafter called "Benvfieiary", in the penal sum of Fifty Eight Thousand. Three Hundred Ninty one & no/q 00 ............................................................................................ DOLLARS ($ 58.391.00 ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, adminislrators and succe~or~ jointly and severally, fin'nly by thio pr~ents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no. event shall a Change Order or Supplvmental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Beneficiary, dated the 21st of June , A.D. 20 05 , which is made a part hereof by reference, for the construction of certain public improvements that arc ganemlly described as follows: Construction of the: Loch Lane Water Line Project Project No. WA 03-01 Bid No. Q-0505-01 NOW, THEREFORE, if the Principal shall well, ~ruly and faithftllly perform and/'ulflll all of the undertakings, covenants, t~[ms, conditions and agreements of said Contract in accordance with the plans, speoifications and Contract documents during the original term thereof and any extension their, of which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and f. alfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Con._ct that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair ad/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the ;Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary 2-10 Contract Documents may suffer by mason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in makin8 good any default or deficiency, thru this obligation shall be void; otherwise, it shall remain in full force and effectl PROVIDED FURTHER, that if any IoSai action b~ filod on thia Bond, exclusive Vonue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that thc ,said Surety, for value r~ceived, hereby stipulates and agrees thai no ch .mlge, extension ofthne, alteration or addition to the terms of the Contract or to the Work to be performed theretmder or the specifications accompanying the same shall in anyway affect its obligation on tllis Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to thc terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the pwvisions of Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein aS tho Resident Agent in Dailas 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 pwvided by Atlicle 7.19-! of the insurance Code, Vemon's Annotated Civil Statutes of the State of Texas. IN 'WITNESS 'WHEREOF, this inslnlment is executed in three (3) one of which shall be deemed an original, this the 21 st,,, day of ,June copies, ~ach ,2oo_L. PRINCIPAL SURETY /~ ~.ontractors, [nc. By: I )bqA~ Title: International Fidelity Insurance Compai~y __ Title: Attorney-In-Fact ATTEST: ATTEST: Resident Agent of thc Surety in Dallas or Denton Courtly, Texas, for de,very ofno~ce and service of the process is: NAME: Baldwin Insurance & Bonds ADDRESS: 1201 Kas Drive, Suite B: Richardson, TX 75081 NOTE' DateofPerformanceBondmustbedateofContract. IfResident/l°oentisnotcorporation. giveper$on'sname. 2-11 Contract Documents Bond No.: TXIFSU0284541 PAYMENT BOND STATE OF TEXAS } COUNTY OF DALLAS } FuNOW ALL ]~-,N BY THESE PRESENTS: That Fox Contractors, Inc. whose address is 3411 FM 663: Midlothian, TX 76065 hereinafter called Principal, and International Fidelity_l.n_surap_ce Company , a corporation organized and existing under thc laws of the State of New Jersey , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in thc penal sum of Fifty Eight Thousand, Three Hundred Ninty One & no/100 ............................................................................................ DO,I,,LA_RS ($ 58,391.00 ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we hind ourselves, our heirs, executors, administrators and successors jointly and severally, fumly by those present~. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement wtfich reduces the Contract price decrease thc penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Conlract with the City ofCoppall, datedthe 21st of June ,A.D. 20 05 , which is mede a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: Loch Lane Water Line Project Project No. WA 03-01 Bid No. Q-0505-01 NOW, THEREFORE, if thc Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and cla/mants supply/ng labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said ConWact that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to 2-12 Contract Documents the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying thc same, shall in anyway aff~t its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to thc provisions of An'icle 5160 of Vemon's Annotated Civil Statutes, and any other applicable statutes of thc State of Texas. Thc undersigned and designated agent is h~reby 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 proceas may be had in mat~ers arising out of such suretyship, as provided by Article 7.19-1 of the insurance Code, Vemon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in three (3) copies, each one of which shall be deemed an original, this the 21st day of June , ')005 PRINCIPAL SURETY Fo~Contractors, Inc By: _ Title: International Fidelity Insurance Company.~ Title: Attorney-In-Fact ATTEST: ATTEST: The Resident Agent of the Surety in Dallas or Denton County, Texas, for detivery of notic~ and service of the process is: Baldwin insurance & Bonds ADDRESS: 1201 Nas Drive, Suite B: Richardson, Texas 75081 NOTE: Date o/performance Bond must be date of Contract. I'f Resident Agent i~ not a corporation, give a p~r~on'$ 2~15 Contract Documents Bond No.: TXIFSU0284541 MAINTENANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT Fox Contractors, Inc. 3411 FM 663, Midlothian, TX 76065 as Principal, and International Fidelity Insurance Company . , a corporation organized under the laws of' New Jersey . as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Coppell , a Municipal Corporation, Texas, thc sum of Twenty Nine Thousand, One Hundred, Ninty-Five ................................................... Dollars and Fifty-Five-----; .................. Cents ($. 29,195.55 ), for the payment of which sum will and tuffy b~ made unto said City of Coppe[I , and its succ~asors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said Fox Contractors, Inc has tlus day entered into a written contract with the said City of Coppell to build and construct Loch Lane Water Line Project - Project No. WA 03-01 - Bid No. Q-0505-1 which contract and the plans and specifications therein mentioned, adopted by the City of Coppell are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years f~om the date of the acceptance of said work, and to do all necessary rcpairs and/ur reconstruction in whole or in part of said improvements that should be occasioned by scttlemcnt of foundation, defective workmanship or materials fum/sbed in the construction or any pan thereof or any of the accessories thereto constructed by the Contractor. It being understood that the propose of this section is to cover all defective conditions arising by reason of defeetivc material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract, Now, therefore, if thc said Contractor shall keep and perform its' said agre~nent to maintain said work and keep the same ~n repair for the said maintenance period of two (93 years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said city of coppell shall have and receive from the said Contractor and its' principal and sureties damages in the premisea, as provided; and it is fuxthcr agreed that this obligation shall be a continuing one against thc principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until thc full amount shall have been exhausted; and it is further understood 2-14 Contract Documents that the obligation h~rein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any nlanncr affected from any cause during said lime. IN Vv'ITNI~SS VVI~EREOF, the said Fox Contractors, Inc. has caused these presents to be executed by . and the said International Fidelit,/Insurance Company has caused these presents to bc cxccute~l by its Attorney in fact and thc sa~d Attorney in fact Diana K. Willis , has hereunto set his hand, the 21st dayof June ,2005 P~NCIPAL Fox C~ontractors, Inc. SURETY International Fidelity Insurance Company Title: Attorney-In-Fact WITNESS: ATTEST: NOTE: Date of Maintenance Bond mart not be prior to date of Contract. 2-1§ Tel (9731 624-7200 INTE ATIONAL FIDELITY INSURANCE COMPANY FIOME OFFICE: ONE NEWARK CENTER. 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MI~N BY THESI~ PRESENTS~ That INTERNATION,a.L FIDELITY INSURANCE COMPANY, a corporanon orgarazed ami existing MICHAEL D. HENDRICKSON WILLIAM B CADENHEAD, DIANA K. WILLIS, BECKY L, BRANUM Hurst, TX. ts true and lawful antorney~sl-in-fact to execute, seal and deliver for and on irs behalf as surety, ~ny and all bonds and undertakings contracts of indenm ty ann other writings obligatuq, m the nature thereof, which are or amy be allowed required orverm ttedb¥ aw, statute role re ulafio6, con tact or otherwise and the execution of such instmraent(s) in pursuance of these presen s, shall be as bind'item upon the said INTERNAT~NAL FIDE ' pCfiOncil~pa~ oNffi, ceay fully and amply, to alt intents and purposes, as if the same had been duly executed and acknowledged by its regularly Le~dloNffb~tcer~s NarCi~E This Power of Attorney is e~ecutad and may be revoked, pursuant to and by authority of Article 3-Sec on 3, of the By-Laws ado tea b the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7ih dam of February, ~Td. y The Prestaem or any Vice President. Executive Vice Prestaent. Secretary or Assistant Secretar~, shall have power and authority 11 To appotut Attorneys~ ndact, and to authorize them to execute on behalf of the Company and attach the Seal of the Company the retu~ bonds and undertakings, contracts of thdemnit3 and other wri 1nbs obligatory in the nature thereof and. (2) To remove, at any tune, any such attomeyqn-fact and revoke the authority g~ven. Further, thi~ Power of Attorne ~s stgned and sealed b facs~ntde pursuant to resolution of the Board of Directors pi duly called and held on the 29th ~'/ay of April, 1982 of w~ich the following is a true excerpt: sa~d Company adopted at a rneetin~ Now therefore the s~gnamres of such offcers and the seat of the Company may be affixed to any such power of attorne or an c rtffm facsimile and any such power of attorney or cea ficate bear ng such facsim e s natures or facsi ' Y y e a e e a ng thereto by ' , .... g mdc sealshall be vahd and bmdm upon the Company and any such power so executed and certified by facs mdc stgnatures and facsimde seal shall be valid and binding upon the Company in ~e future with respect to any bond or under[eking to which it is attached IN TESTEMONY WHEREOF. INTERNATIONAL FIDELITY INSURANCE COMPANY has caused tots instrument to be signed and its corporate seal to be affixed by tts authorized officer, this 29th day of Augusc A.D. 2003. STATE OF NEW JERSEY Count> of Essen On this 29th day of August 2003 before me came me tndiwdual who executed the preceding instrument, to me personally known, and being by me du y sworn, sa d the he ~s the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY: that the seal affixed to said instrument ts the Corporate Sea of sa d Company; that the said Corporate Seal and his s~gnamre were duly affixetl by order of the Board of Directors of said Company. iN tESTIMONY WHEREOF I have hereunto set m3 haled affixed my Official Seat at the Cir3 of Newark. New Jersey the day a~m year first above written A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION M3 Commission Expires Nov, 21. 2005 ~ I the~ t~ndgrsigned officer of INTERNATIONAL FIDELITY INSURANCE COMI~ANy do hereby Cerr fy that I have compared the foregoing copy of the cower pi Attorney and affidav t, and [~e copy of the Section of tee By-Laws of sa d Company as set forth n said Power of Attorney wilh tile ORIG NALS ON [bi THE HOME OFFICE OF SAID COMPANY, and hat the seine a~e correct ranscti!~ thereof and of the who e of the ga d or g ~als. and that the ~aid PoWer of A~tomey has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF. I have hereunto set my hand this c:~ I ~4~ day of .J"O ~q t* , O0005 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, 20t~ Floor Newark, NJ 07'102 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714.9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for Information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, effective September 1, 2001. SECTION 3 STANDARD SPECIFIC/I TIONS SUPPLEMENT~IR Y CONDITIONS T H E G ! T Y 0 F COPPELL 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 EDITION, 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 I. 15 (A): 3-2 Standard Specifications Supplementary Conditions "Maintenance Bond shall be required in the mount 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 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 3-3 Standard Specifications _ Supplementary Conditions better, at his own cost and expense. This includes any and all irrigation systems, whether or not they are identified on the plans. If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by the performance of this contract." ITEM 1.22 - CONTRACTORS RESPONSIBILITIES SC-1.22.5 Amend the first sentence of Item 1.22.5 by adding the following at the beginning of the sentence: "If requested by Owner, Engineer or Contractor". ITEM 1.24 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY SC-1.24.2.1 Add the following new Item 1.24.2.1 immediately after Item 1.24.2: "1.24.2.1 Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER, ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall promptly attempt to settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and Consulting Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate Contractor against OWNER, ENGINEER or Consulting Engineer to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the performance of work 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, CONTRACTOR may make a claim for an extension of time in accordance with Item 1.36. An extension of the Contract Time shall be CONTRACTOR's exclusive 3-4 Standard Specifications _ Supplementary Conditions remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor." ITEM 1.26 - INSURANCE SC-1.26.6 Add the following new item: "1.26.6 If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR." SC-1.26.7 Add the following new item: "1.26.7 CONTRACTOR intends that any policies provided in response to Item 1.26 shall protect all of the parties' insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same." ITEM 1.27 - MATERIALS AND WORKMANSHIP~ WARRANTIES AND GUARANTEES SC-1.27.4 Amend the first sentence of Item 1.27.4 to change the words "one year" to "two years". ITEM 1.32 - WORKING AREA; COORDINATION WITH OTI-II~.R CONTRACTORS; FINAl. CLEANUP SC-1.32.1 Delete Item 1.32.1 in its entirety and insert the following in lieu thereof: "Construction stakes/surveying shall be provided by the CONTRACTOR. Vertical control has been established as shown on the construction plans. Horizontal control can be established from existing inlets, street intersections or other utilities indicated on the construction plans. The Contractor shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the 3-5 Standard Specifications Supplementary Conditions requirements of the construction documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and to the lines and grades given therein." ITEM 1.33 - OTHER CONTRACTORSi OBLIGATION TO COOPERATE SC-1.33 Delete the last sentence of the second paragraph and substitute the following in lieu thereofi "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 m-evaluation and adjustment under the following conditions: 3-6 Standard Specifications _ Supplementary Conditions ITEM 1.49 - OWNER'S~ EMPLOYEES OR AGENTS SC-1.49-2 Replace Item 1.49.2 with the following new paragraph: "1.49.2 Conflict of Interest City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Cotmcil. 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 TAXE~q SC-1.58 Delete Item 1.58 and substitute the following in lieu thereof.' "1.58 Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code coveting 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 fi.om the city for those materials. (This procedure may not be used, however, for materials, which do not become a part of the finished product. For example, equipment rentals, form materials, etc. are not considered as becoming "incorporated" into the project). Utilization of this "separated contract" approach eliminates the need for bidders to figure in sales tax for materials, which are to be incorporated into the project. The successful bidder's bid form will be used to develop the "separated contract" and will determine the extent of the tax exemption. Upon execution of the construction contract, the contractor shall furnish a 3-7 Standard Specifications Supplementary Conditions breakdown (per item) of I) 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: (d) Mineral Admixtures. Delete paragraph (d) in its entirety. The use of Fly Ash as an admixture in any Class of concrete is specifically prohibited without written approval of the Engineer. 3-8 Standard Specifications Supplementary Conditions PART III CONSTRUCTION METHODS DMSION 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 othemSse specified in the Plans or Specifications." PART III DIVISION 4 - SUBBASE AND BASE COURSES ITEM 4.8.4 - CONSTRUCTION METHODS: (b) Compaction Amend the last sentence of thc 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 HI DIVISION 5 - PAVEMENT/SURFACE COURSES ITEM 5.8.2 - CONSTRUCTION METHODS: (e) Joints (1) Expansion Joints: Delete the first paragraph and replace with the following: "Expansion joints shall be installed perpendicularly to the surface and centerline of the pavement. Expansion Joint material shall be redwood boards, 3/4-inch in width, and extended through curbs. Expansion joints are to be installed at each end of radius at street intersections. Expansion joints shall be equally spaced between intersections with not less than one every 200 linear feet of pavement, unless otherwise specified on the Plans or directed by the Engineer. (C) Proximity to Existing Structures: Add to end of sentence, "or as directed by the Engineer". 3-9 Standard Specifications Supplementary Conditions (2) Contraction Joints. Delete the first sentence of the first paragraph and insert the following: "Contraction or dummy joints shall be sawed to 1-1/4 inches in depth, and 1/4 inch in width, and installed every 20 linear feet of pavement, and extend through curb, unless otherwise directed by the Engineer." (h) Finishing. (1) Machine. Add the following paragraph at the end of this subsection: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." (2) Hand. Add a new paragraph after first paragraph which roads as follows: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." PART III DIVISION 6 - UNDERGROUND CONDUIT CONSTRUCTION ITEM 6.2.9 - BACKFILL: Co) 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) pementage points above, optimum moisture content, unless otherwise specified in the Plans or directed by the Engineer." 3-10 Standard Specifications' Supplementary Conditions SECTION 4 SPECIFIC PROJECT REQUIREMENTS T H E C I T Y 0 F COPPELL 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 Governments (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 - Supplementary Conditions to the Standard Specifications for Construction. In the event that an item is not covered in the Project Drawings and these Specifications, then the 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 S.S.P.W.C.N.C.T. T.C.E.Q. T.M.U.T.C.D. O.S.H.A. T.A.S. A.D.A 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 Standard Specifications for Public Works Construction North Central Texas Texas Commission on Environmental Quality Texas Manual on Uniform Traffic Control Devices Occupational Safety and Health Administration Texas Accessibility Standards Americans with Disabilities Act 4-2 Specific Project Requirements 1.1 1.2 1.3 1.4 OWNER: The "Owner" as referred to in these Specifications is the City of Coppell, P.O. Box 9478, Coppell, Texas 75019. 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. CITY OF COPPELL: All improvements described in this Proposal and Construction Drawings shall be performed 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. 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: 1.6 1.7 This work shall consist of the installation of approximately 600 linear feet of 8-inch PVC water line in Loch Lane. Work shall include all components necessary for the "turn key" construction of the Loch Lane Water Line Project as shown in the plans for WA 03-01, including but not limited to: PVC pipe, long, short and 2-inch services, street repair, boring, fire hydrant assemblies, 8-inch valves, connections to existing water lines, abandoning the existing 2-inch ductile and cast iron water lines, traffic control and sodding. 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. SAFETY PRECAUTIONS: The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances, roles, regulations and order of any public authority have jurisdiction for the safety of persons or property to protect them fi:om 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. 4-3 Specific Project Requirements 1.8 1.9 1.10 1.11 1.12 1.13 1.14 SOIL INVESTIGATION: A geotechnical investigation report has not been prepared. The Contractor shall visit the site and acquaint himself with the site conditions. SURVEY AND FINISHED GRADES: Horizontal and vertical control is provided by the owner as shown on the plans. The Contractor shall be responsible for layout and staking of all grades and lines for construction. The Contractor shall preserve all stakes or markings until authorized by the Engineer to remove same. The Contractor shall bear the cost of the re-establishing any control or construction stakes destroyed by either him or a third party and shall assume the entire expense of rectifying work improperly constructed due to failure to maintain established points and marks. No separate payment shall be made to the Contractor for construction staking which shall be considered incidental to the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. 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 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. Contractor shall replace any deficient construction items at his own expense. 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 Owner. 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 4-4 Specific Project Requirements 1.15 Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the mount 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 by law to protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. 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 under the pay item entitled "Furnish, Install and Maintain Traffic Control Devices". The Contractor shall assume all duties owned by the City of Coppell to the general public in connection with the general public's immediate approach to and travel through the work site and area adjacent to said work site. Where the work is carried on, in, or adjacent to, any street, alley, sidewalk, public right-of- way or public place, the Contractor shall at his own cost and expense provide such flagmen and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and other precautionary measures for the protection of persons or property as are required by law. The Contractor shall submit a traffic control plan to be reviewed by the City prior to the beginning of work. No lane shall be barricaded before 9:00 a.m. or al~er 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 falling to furnish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or properly), the Engineer may order such additional precautionary measures as required by law to be taken to protect persons and property, and to be reimbursed by the Contractor for any expense incurred in ordering such additional precautionaxy 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 to the pay item entitled "Furnish, Install and Maintain Traffic Control Devices". 4-5 Specific Project Requirements 1.16 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: 1.17 1.18 1.19 1.20 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. This includes the water and sanitary sewer services. 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 exist'rog 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. e. 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 flee from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site when it becomes objectionable or interferes with the progress of the project. Final. Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belonging to him and leave the site with an appearance acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new-appearing condition. 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 4-6 Specific Project Requirements 1.21 1.22 1.23 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 Contractors performance. DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashings, brash 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. 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. GUARANTEE: All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of final completion and acceptance of the project. 4-7 Specific Project Requirements SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 1.1 1.2 1.3 1.4 1.5 GENERAL: 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. 4-8 Specific Project Requirements 1.6 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. 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 off a. Contractor b. Supplier c. Manufacturer Identification of the product. Field dimensions, clearly identified as such. Relation to adjacent or critical features of the work or materials. Applicable standards, such as ASTM or Federal Specification numbers. Identification of deviations from Contract Documents. Identification of revisions on resubmittals. 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. Fabrication and erection drawings lists and schedules. Basis of design and design calculations signed and sealed by a registered professional engineer. Seal and signature of a register engineer on all structural submittals. 5. 6. 7. 8. 9. 10. 11. 12. 13. 4-9 Specific Project Requirements 1.7 1.8 D. REVIEW: Shop drawing and product data information review will be general. Such review will not relive the contractor of any responsibility and work required by the Contract. 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. ENGINEER'S RESPONSIBILITIES: 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. 4-10 Specific Project Requirements SECTION 5 DESCRIPTION OF PA Y ITEMS T H E C I T Y 0 F COPPELL SECTION 5 - 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) removal and replacement of any signs, (b) any blocking necessary for change in pipe direction, (c) use of retainer glands (required but considered subsidiary), (d) use of 8 mil minimum poly-wrap, (e) any concrete encasement, (0 disposal of damaged fire hydrants, (g) testing and chlorination of water lines in accordance with standard City procedures and requirements, and (h) clean-up of the site and disposal of excess material. The contractor shall be responsible for protection of the existing 2-inch water line during the construction activity. Any damage or disturbance to this line shall be repaired, and water service restored at the contractor's expense. There shall be no separate pay item for this activity, and it shall be considered subsidiary to contract bid amount. o Construction Pay Items: Pay items as listed in the proposal shall be measured and paid for in accordance with the applicable measurement and payment paragraphs of the North Central Texas Council of Governments "Standard Specifications for Public Works Construction", unless modified by these special provisions. Pay Items #I-1 - Furnish and Install 8" PVC Water Pipe: This work shall consist of installation and construction, complete in place, of a contractor furnished 8" PVC water pipe at the location shown on the construction plans. 8" PVC water pipe shall be integral bell, C900, Class 200, DR-14, blue in color. The water line shall be installed with a minimum cover over the top of the pipe of 42 inches. Pipe shall have 6" of sand bedding with 6" of sand on each side and 12" of sand over top of pipe. 12 gauge single strand copper wire, with blue insulation shall be installed in the backfill material 12 inches above the top of the pipe and shall be brought to the surface at every valve box. Backfill shall be native material placed and compacted in 8" lifts to 95% standard proctor density. (No additional compensation will be made to remove excess backfill for proper installation of restorative activities.) All necessary testing, disinfecting and any intermediate taps necessary for testing and disinfecting shall be subsidiary to this pay item. Measurement and Payment shall be made on the basis of the bid price per linear foot (LF) and shall be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work. 5-2 Description of Pay Items 2.2. 2.3. 2.4. Pay Item #I-2 - Furnish and Install 8" Ductile Iron Gate Valves: This work shall consist of the installation of contractor furnished 8" gate valves at the locations shown on the construction plans. Installation of the gate valves will be inclusive of necessary Mega lugs, valve stack risers, extensions, and concrete pad, etc. Valve stack risers shall be fully adjustable sections and be ductile iron. Valve stack lids shall be painted blue. Valves shall be furnished with extensions, such that the working nut is between 24" and 48" below grade. A 2' x 2' concrete pad shall be poured around each valve box. Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work. Pay Item #I-3 - Furnish and Install Ductile Iron Fittings: This work shall consist of the installation of contractor-furnished reducers, bends, and plugs at the locations shown on the construction plans. Installation of the fittings will be inclusive of required Mega lugs, retaining glands, thrust blocking, etc. Bid quantity is based on AWWA Standard C153 (ANSI A21.53) ductile iron fittings. Long radius bends may be used, but for calculation of weight, the weight of the C153 bends shall be used. Fittings used for fire hydrant assemblies are not included in this bid quantity. They are subsidiary to the two pay items for fire hydrant assemblies. Measurement and Payment shall be made on the basis of the price bid per pound (LB) and shall be total compensation for fimfishing all labor, materials, tools, equipment and incidentals necessary to complete the work. Pay Item # I-4 - Furnish and Install South Fire Hydrant Assembly: This work shall consist of installing a new fire hydrant assembly at the location shown on the construction plans. Fire hydrant assembly shall be inclusive of all work necessary to connect the new fire hydrant to he new 8 PVC water line. This includes a tee, gate valve, a fire hydrant, a minimum of five linear feet of 6" PVC water line and all fittings, thrust- blocking, excavation, backfill, bedding material, etc. necessary to complete the construction. During the installation of the 8" PVC water main, an 8" M. J. x 6" flange tee shall be installed at the fire hydrant location as shown on the plans. A 6" flange to M.J. valve shall be installed on the 6" flanged outlet and blocking shall be placed conforming to the Standard Construction Details. 6" PVC water pipe shall be integral bell, C900, Class 200, DR-14, blue in color. The water line shall be installed with a minimum cover over the top of the pipe of 42 inches. Pipe shall have 6" of sand bedding with 6" of sand on each side and 12" of sand over top of pipe. 12 gauge single strand copper wire, with blue insulation shall be installed in the backfill material 12 inches above the top of the pipe and shall be brought to the surface at the valve and hydrant. Backfill shall he native material placed and compacted in eight-inch litts to 95% standard proctor density. A 2' x 2' concrete pad shall be poured around the valve box. The old fire hydrant shall be removed including all blocking and piping back to but not including the existing 6" fire hydrant 5-3 Description of Pay Items 2,5. 2.6. 2.7, valve. This work shall include salvage of the existing fire hydrant and its delivery to the City of Coppell Service Center. Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to install the new fire hydrant assembly from and including the tee up to and including the fire hydrant. Pay Item # 1-5 - Furnish and Install North Fire Hydrant Assembly: This work shall consist of installing a new fire hydrant assembly at the location shown on the construction plans. Fire hydrant assembly shall be inclusive of all work necessary to connect the new fire hydrant to the new 8" PVC water line. This includes a tee, gate valve, a fire hydrant, a minimum of thirty-five linear feet of 6" PVC water line and all fittings, blocking, excavation, backfill, bedding material, etc. necessary to complete the construction. During the installation of the 8" PVC water main, an 8" M.J. x 6" flange tee shall be installed at the fire hydrant location as shown on the plans. A 6" flange to M.J. valve shall be installed on the 6" flanged outlet and blocking shall be placed conforming to the Standard Construction Details. 6" PVC water pipe shall be integral bell, C900, Class 200, DR-14, blue in color. The water line shall be installed with a minimum cover over the top of the pipe of 42 inches. Pipe shall have 6" of sand bedding with 6" of sand on each side and 12" of sand over top of pipe. 12 gauge single strand copper wire, with blue insulation shall be installed in the backfill material 12 inches above the top of the pipe and shall be brought to the surface at the valve and hydrant. Backfill shall be flowable fill approved by the Engineer. A 2' x 2' concrete pad shall be poured around the valve box. Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to install the new fire hydrant assembly from and including the tee up to and including the fire hydrant. Pay Item # I-6 - Blow Off: This work shall include the installation and construction of a 2" Blow Off valve complete and in place in accordance with the City of Coppell Standard Construction Detail 4110 and Appendix 'C' Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord. #94-643). Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials and equipment necessary to complete the work. Pay Item # I-7 - Reconnect Existing Services: This work shall include the connection of existing water service lines to the new 1" Type 'K' copper services. The existing service shall be exposed to determine location, size and material type prior to installation of the new 1" tap. The connection of the new 1" copper to the existing service line shall be made no closer than five feet outside the limits of the 5-4 Descr~otion of Pay Items existing pavement and according to the plans, specifications and standard details governing such work. Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to connect 1" services from the proposed 8" water line to the existing service line. This pay item should include any repairs to the ground i.e., soil and grass, etc., necessary to return the area to conditions as good as or better than pre- construction conditions. 2.8. Pay Item #I-8 - Replace Existing Short Services w/l" Copper and Connect: During exposure of the existing services, the City of Coppell Inspector may determine that the conditions of the existing line warrant replacement of the entire service up to the meter. In this case the work shall be as follows and no compensation will be made under Pay Item #I-6 - Reconnect Existing Services: This work shall include the replacement of the existing water service lines located on the same side of the street as the new 8" water line. Install the new 1" tap and 1" Type 'K' copper services up to the existing meter and connect according to the specifications and standard details governing such work. Including installation of a ~" meter setter per Detail 4130 of the City of Coppell Standard Construction Details. Remove and properly dispose of abandoned water service lines off site. Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to connect new 1" services from the proposed 8" water line to the existing meter. This pay item should include any repairs to the ground i.e., soil and grass, etc., necessary to return the area to conditions as good as or better than pre-construction conditions. 2.9. Pay Item #I-9 - Replace Existing Long Services w/l" Copper and Connect: During exposure of the existing services, the City of Coppell Inspector may determine that the conditions of the existing line warrant replacement of the entire service up to the meter. In this case the work shall be as follows and no compensation will be made under Pay Item #1-6 - Reconnect Existing Services: This work shall include the replacement of the existing water service lines located on the opposite side of the street as the new 8" water line. Install the new 1" tap and 1" Type 'K' copper services up to the existing meter and connect according to the specifications and standard details governing such work. Including installation of a 3/4" meter setter per Detail 4130 of the City of Coppell Standard Construction Details. The street crossing will be made by means other than open cut and shall be a minimum 24" depth unless otherwise specifically approved by the Engineer. Abandon existing service line in place under pavement. Remove and dispose of the existing service line outside the limits of paving. _ 5-5 Description of Pay Items 2.10. 2.11. Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to connect 1" services fi.om the proposed 8" PVC water line to the existing meter. This pay item should include any repaim to the ground i.e., soil and grass, etc., necessary to return the area to conditions as good as or better than pre-construction conditions. Pay Item #I-10 - Remove and Replace Existing Concrete Sidewalk: This work shall inchidc the removal and replacement of concrete sidewalks in thc two locations where the existing walkway conflicts with the installation of thc new water line. A maximum of four linear feet of walkway should be removed at each location. Depending on existing joints and at the discretion of thc City of Coppell Inspector, additional linear footage may need to be removed and replaced. Pavement shall be cut to neat lines and properly disposed of off-site in accordance with federal, state, and local regulations. The replacement of the sidewalks should bc in conformance with the City of Coppell Standard Details. Measurement and Payment shall be made on the basis of the price bid per square foot (SF) to be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work. This pay item should include any repairs to the ground i.e., soil and grass, etc., necessary to return the area to conditions as good as or better than pre-construction conditions. Pay Item #I-Il - Remove and Replace 6" Concrete Driveway: This work shall include the removal and replacement of the 6" concrete driveway in the location where the existing concrete driveway conflicts with thc installation of the new water line. Removed section shall be saw cut to neat lines and properly disposed of off- site in accordance with federal, state, and local regulations. All concrete shall be Class 'A' concrete with a minimum cement content of 5 sacks/per CY and a minimum compression strength of 3000 psi/28 days. No fly ash will be permitted. Driveway shall be placed on native material compacted to a minimum of 95% standard proctor density. All concrete shall be placed, distributed and densified to the required lines and grades. In all areas where new concrete abuts existing concrete, the vertical sides are to be doweled with #3-bars epoxy embedded 6" into the sides at 12" O.C. Reinforcement steel shall be a minimum #3 bar on 24" centers with 30" diameter bar laps. Steel shall be supported by bar chairs spaced adequately to support the weight of the concrete during placement. This pay item shall be inclusive of all necessary doweling, joint sealing, placement of expansion joint material, etc. to complete the work. Measurement and Payment shall be made on the basis of the price bid per square yard (SY) and to be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work. This pay item should include any repairs to -- 5-6 Description of Pay Items 2.12. 2.13. the ground i.e., soil and grass, etc., necessary to return the area to conditions as good as or better than pre-construction conditions. Pay Item #I-12 - Remove and Repair Asphalt Paving: This work shall include the removal and replacement of asphalt paving in three locations. Remove and repair asphalt where Loch Lane conflicts with the north fire hydrant assembly. Remove and repair asphalt where the existing asphalt driveway conflicts with the installation of the new water line. Remove and repair asphalt where the new water line will tie into the existing 16" main at Bethel Road. Pavement and base shall be cut to neat lines and properly disposed of off-site in accordance with federal, state, and local regulations. Backfill under disturbed paving shall be flowable fill, and is considered subsidiary to these repairs. Repair of any other asphalt damaged during construction shall be considered subsidiary and shall be repaired/replaced at the contractor's sole expense. This work shall include the installation and construction of the asphalt driveway repair complete in place in accordance with the City of Coppell Standard Construction Details. Measurement and Payment shall be made on the basis of the price bid per square yard (SY) and shall be total compensation for fumishing all labor, materials, tools, equipment and incidentals necessary to complete the work. This pay item should include any repairs to the ground i.e., soil and grass, etc., necessary to return the area to conditions as good as or better than pre-construction conditions. Pay Item #I-13 - Remove and Replace 6" Gravel Driveway: This work shall include the removal and replacement of the gravel driveway in the location where the existing gravel driveway conflicts with the installation of the new water line. The gravel layer shall be removed to expose native material suitable for use as backfill. Gravel layer shall be properly disposed of off-site in accordance with federal, state, and local regulations. Driveway complete in place shall be 6" TxDOT Type A flexible base on native material compacted to a minimum of 100% standard proctor density and graded to pre- construction elevations. Measurement and Payment shall be made on the basis of the price bid per square yard (SY) and shall be total compensation for fumishing all labor, materials, tools, equipment and incidentals necessary to complete the work. This pay item should include any repairs to the ground i.e., soil and grass, etc., necessary to return the area to conditions as good as or better than pre-construction conditions. 2.14. Pay Item #I-14 - Abandon Existing 2" Water Line: This work shall include abandoning the existing 2" water line as follows: Remove free flowing liquids from the line and fill with grout. No portion of the 2" water line may be left connected to the 16" main. Plug the portion of the main that fed the 2" line. _ 5-7 Description of Pay Items 2.15. 2.16. 2.17. Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) to be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work. Pay Item #I-15 - Furnish, Install, Maintain and Remove Erosion Control Devices: This project will be subject to the Texas Commission on Environmental Quality's (TCEQ) requirements for construction. Under the Texas Pollutant Discharges Elimination System (TPDES) construction general permit (TXR150000), an operator of a construction site that will disturb one (1) or more acres is required to obtain a permit for the discharge of storm water runoff. The contractor will be required to develop and implement a site specific Storm Water Pollution Prevention Plan (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 (LS) 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 #I-16 - Furnish, Install and Maintain Traffic Control Devices: This work shall include the placement of the required traffic control devices in accordance with the TMUTCD City of Coppell and NCTCOG Standards and Specifications. Inclusive with this pay item is the requirement for the submittal of a traffic control plan for the project as a whole. No lane of Bethel Road will be allowed to be closed before 9:00 a.m. or after 3:30 p.m. on any given work day. Existing Loch Lane is a narrow asphalt roadway and a minimum of one lane shall be kept open at all times during construction. During those times when Bethel Road is only open to one lane in width, a flagman shall be provided at each end of the work area to control traffic in an orderly manner passing through the construction area. At the end of each workday, two-way access should be provided. Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) to be total compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work. Pay Item #I-17 - Furnish and Install Trench Safety System: This work shall include a job specific Trench Safety Plan sealed by a professional engineer to be provided prior to the start of construction. Inclusive with this pay item is the execution of the plan. _ 5-8 Deseription of Pay Items It is anticipated that the majority of this line will be installed at or less than five feet deep. However, in the area of the connection to the existing 6" main line valve and the crossing of the existing drainage ditch, it is probable that depth will exceed five feet. Therefore, a detailed Trench Safety Plan should be provided prior to the start of construction. Measurement and Payment shall be made on the basis of the lump sum (LS) price bid and shall be total compensation for furnishing the Trench Safety Plan, all labor, materials, tools, equipment and incidentals necessary complete the work. 2.18. Pay Item #I-18 - Furnish and Install Bermuda or St. Augustine Grass Solid Sod: This work shall include the placement of sod along the centerline of the new 8" water line. Type of sod will be compatible with the existing grass in the yard. Because this item is being compensated on a lump sum basis it is estimated that the sod area is 220 square yards. This is based on the outside diameter of the pipe plus 3 feet times the length, minus the driveways and walkways. Any areas necessary to be sodded associated with the installation of service lines and fire hydrants, as previously noted, are considered subsidiary to the cost of those pay items. Also, any area outside the limits of the outside diameter of the pipe plus 3 feet that needs to be sodded will be sodded at the sole expense of the contractor. The contractor will be required to water and fertilize to establish growth and to protect any areas damaged. Only 50% of this pay item will be paid until there is 100% coverage. At that time, 100% of this item will be paid. Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing all labor, materials and equipment including water and fertilizer necessary to complete the work. Any areas disturbed beyond the outside diameter of the pipe plus 3 feet shall be resodded at the contractor's sole expense. __ 5-9 Description of Pay Items SECTION 6 PLANS T H E C I T Y 0 F COPPELL WA03-01 - LOCH LANE 8' WATER LINE