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WA9801-CN 990323COS~aAC~ CITY OF COPPELL, TEXAS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF STATE HIGHWAY 121 WATER LINE FROM: SANDY LAKE ROAD TO: 675-FEET SOUTH OF CORPORATE DRIVE PROJECT NO. WA 98-01 BID NO. Q-0199-02 The Cify V¢'Tth A Bec~utiful Future r' CONSULTLNG ENGINEERS DALLAS, TEXAS FEBRUARY, 1999 SHIMEK, JACOBS & FINKLEA, L.L.P. CONSULTING ENGINEERS 8333 Douglas Avenue, #820 ROSS L. JACOB& P.E. RONALD V. CONWAY, P.E. JOHN W. BIRKHOFF, P.E. JOE R. CARTER, P.E. GARY C HENDRICKS, P.E. PAUL A. CARLiNE, P.E. MATT HICKEY. P.E. Dallas, Texas 75225-5816 Fax (214) 361-0204 Phone (214) 361-7900 December 21, 1999 Mr. Kenneth M. Griffin, P.E. City of Coppell Post Office Box 478 Coppell, Texas 75019 Re: State Highway 121 Water Line Change Order Number 1 Dear Mr. Griffin: We are enclosing five original signed sets of Change Order Number 1 to the City' s contract with H&W Utility Contractors for the constructinn of the State Highway 121 Water Line project. Change Order Number 1 covers the additional move-in cost associated with delays in the project caused by the conflict with the GTE underground telephone cable. If the change order is acceptable, please have the change order executed on behalf of the City of Coppell and return three sets to this office. We are available to discuss this project further at your convenience. Enclosure CITY OF COPPELL, TEXAS STATE HIGHWAY 121 WATER LINE From Sandy Lake Road to 675-Feet South of Corporate Drive CHANGE ORDER NO. 1 INTENT OF CHANGE ORDER The intent of this change order is to modify the provisions of the contract entered into between the City of Coppell, Texas and H & W Utility Contractors, 305 Main Street, Lake Dallas, Texas 75065, for construction of the State Highway 121 Water Line, dated March 23, 1999. DESCRIPTION OF CHANGE This change order covers the remobilization effort required by the contractor due to the delays in the project caused by the conflict with GTE. EFFECT OF CHANGE ON CONTRACT AMOUNT This change order will have the following effect on the cost of this project: Item No. 23 Previous Quantity Revised Unit Amount Description Quantity This C.O. Quantity Unit Price of Change Remobilization 0 1 1 L.S. $4,200.00 $4,200.00 Total: $4,200.00 Original Contract Amount Change Order No. 1 Revised Contract Amount $180,217.54 4,200.00 $184,417.54 EFFECT OF CHANGE ON CONTRACT TIME i) Due to the conflicts with GTE and project delays beyond the eontractor's control, the contract time is hereby suspended between the dates of August 9, 1999 and November 8, 1999. This results in a 91 day suspension of the contract time. ii) At the City of Coppell's request, H&W Utility Contractor crews were pulled from this project in order to implement emergency repairs to the City's water system at another location. This resulted in a seven (7) day delay in the project. Therefore, this change order adds seven calendar days to the original contact time. Original Contract Time Change Order No. 1 Revised Contract Time Revised Completion Date: 90 calendar days 7 calendar days 97 calendar days December 5, 1999 \lengineecing\sjf_sjf_vo12sj~tsXcleclced\copl~ll~gS-167~sp~slchange-o~co-ldoc (ll/12/99) Page l of 2 AGREEMENT By the signatures below, duly authorized agents of the City of Coppell, Texas and H & W Utility Contractors, do hereby agree to append this Change Order No. 1 to the original contract between themselves, dated March 23, 1999. By: D ate: Attest: City of Co e~ll, Texas H & W Utility Contractors \~engi~eed~\~jf-sjf-v~2sj~pr~je~t~e~ca~pFe~\98~t67~ees~ehange..~\~.~d~ (lI/12/99) Page2of 2 THE CITY OF COPPELL, TEXAS CITY COUNCIL Candy Sheehan, Mayor Marsha Tunnell, Mayor Pro Tem (Place 4) Greg Garcia (Place 1) Jayne Peters (Place 2) Pat Keenan (Place 3) Doug Stover (Place 5) Larry Wheeler (Place 6) Bill York (Place 7) CITY MANAGER Jim Witt DEPUTY CITY MANAGER Clay Phillips DIRI~CTOR OF ENGINEERING AND PUBLIC WORKS Kenneth M. Griffin, P.E. TABLE OF CONTENTS Section Section 2 - Section 3 - Bidding and Contract Documents Section - Page No. Notice to Bidders .................................................................................................................1-2 Instructions to Bidders ......................................................................................1-3 thru 1-10 Proposal/Bid Schedule & Prevailing Wage Rates ..........................................1-11 thru 1-25 Standard Form of Agreement (Contract) ........................................................1-26 thru 1-30 Performance Bond ...........................................................................................1-31 thru 1-32 Payment Bond .................................................................................................1-33 thru 1-34 Maintenance Bond ............................................................................................................1-35 City of Coppell's Supplementary Conditions to the NCTCOG Standard Specifications for Public Works Construction, General Provisions ..............1-36 thru 1-40 For this contract, the following standards, provisions, amendments, etc., are APPROVED as the official specifications: "Standard Specifications for Public Works Construction, North Central Texas, 2rid Edition, 1987, including latest Amendments." Specific Project Requirements .........................................................................2-1 thin 2-6 Special Provisions to Standard Specifications for Construction ................. 3-1 thru 3-4 For this project, the Standard Specifications for Public Works Construction - North Central Texas, as prepared by the North Central Texas Council of Governments and the City of Coppell Standard Construction Details shall govern all work to be done, together with any additional Special Specifications or Specific Project Requhcements included herein. Section 4 - Special Conditions · General ........................................................................................................4-1 thru 4-11 · Construction Methods ...............................................................................4-12 thru 4-29 THESE DOCUM AL FOR C CTI , BIDD SECTION 1 BIDDING AND CONTRACT DOCUMENTS T ! 1 1-1 NOTICE TO BIDDERS CITY OF COPPELL, TEXAS STATE HIGHWAY 121 WATER LINE From Sandy Lake Road to 675-Feet South of Corporate Drive The City of Coppell is accepting bids for the State Highway 121 Water Line. The project consists of approximately 4,137 linear feet of 12-inch PVC waterline by open cut; 33 linear feet of 12-inch PVC waterline in steel encasement pipe by boring; 190 linear feet of 12-inch waterline with concrete encasement; 40 linear feet of 12-inch waterline by boring; eight 12-inch gate valves; eight 6-inch gate valve; eight standard fire hydrants, together will all necessary appurtenances including valves and roadway replacement. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for Sandy Lake Road Water Line will be received in the Purchasing Office at the City of Coppell Town Center, 225 Parkway Boulevard, until 3:00 p.m. on February 23, 1999, and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppelt Bid No. Q-0199-02, designated clearly on the exterior of the bid envelope. Proposals shall be accompanied by a cashier's or certified check upon a national or state bank, or savings and loan in an amount not less than five percent (5%) of the total maximum bid price, payable without recourse to the City of Coppell, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance bond and payment bond within ten (10) days after notice of award of contract to him. The notice of award of contract will be given by the Owner within ninety (90) days following the opening of bids. The successful bidder must famish performance bond upon the form provided in the amount of 100 percent of the contract price and a material and labor payment bond upon the form provided in the amount of 100 percent of the contract price from an approved surety company holding a permit from the State of Texas to act as surety, or other surety or sureties acceptable to the Owner. 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. 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. Plans, specifications and bidding documents may be examined at the City of Coppell, and may be secured from the office of Shimek, Jacobs & Finklea, Consulting Engineers, 8333 Douglas Avenue, #820, Dallas, Texas 75225, on deposit of Fifty Dollars ($50.00) per set, which sum so deposited will be returned upon compliance with provisions of the specifications regarding the return of such documents is met. INSTRUCTIONS TO BIDDERS 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 dist'mct 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 hereinafier provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are: Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "ENGINEER" is used in the specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized representative, City of Coppell, P.O. Box 478, Coppell, Texas 75019. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. Scope of Work This project is generally located along the south side of Sandy Lake Road, west of Denton Tap Road. The project shall consist of approximately 4,137 linear feet of 12-inch PVC watefline by open cut; 33 linear feet of 12-inch PVC waterline in steel encasemerit pipe by boring; 190 linear feet of 12-inch waterline with concrete encasement; 40 linear feet of 12-inch waterline by boring; eight 12-inch gate valves; eight 6-inch gate valve; eight standard fire hydrants, together will all necessary appurtenances including valves and roadway replacement. The work shall be as shown on the construction plans and shall consist of fumishing all labor, equipment, tools and incidentals necessary to complete the work, including but not limited to: excavations, backfills, pipe, disposal of waste materials, etc. as described in the plans and specifications. Copies of Bidding Documents Plans, specifications and bidding documents may be examined at the City of Coppell, and may be secured from the office of Shimek, Jacobs & Finklea, Consulting Engineers, 8333 Douglas Avenue, #820, Dallas, Texas 75225, on deposit of Fifty Dollars ($50.00) per set, which sum so deposited will be returned upon compliance with provisions of the specifications regarding the return of such documents is met. A) No bidding documents will be issued later than two (2) days prior to the bid opening date. B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $50 per set. 3.2 C) Bidding documents may be examined flee of charge at the office of Shimek, Jacobs & Finklea, L.L.P., 8333 Douglas Avenue, #820, Dallas, Texas 75225. Complete sets of Bidding Documents must be used in preparing Bidsi the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issued. 3.3 The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not coffer 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, experience and possession of such equipment as may be needed to prosecute 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: Current Project Experience A list of all projects presently under construction by the bidder including approximate cost and completion date shall be submitted upon request. Past Project Experience The Bidder shall submit a list of five completed projects which have been in successful service for a minimum of three years. The projects shall be similar in nature to the scope of work required by this project. Equipment 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. Financial Each Bidder shall be prepared to submit upon request of the Owner a current balanced financial statement with no evidence of threatening losses as evidenced by a current audited certified financial statement. This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. Technical Experience The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. Conflict of Interest City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (!%) 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 6.1 Access to the site shall be along State Highway 121. Prospective Bidders shall respect all improvements. It is the responsibility of each Bidder before submitt'rag a Bid, to (a) examine the Contract Documents thoroughly, Co) 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 6.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractors responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. 6.3 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obta'm 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 detennine its Bid for performing and fumishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 6.4 On request in advance, Owner will provide each Bidder access to the site to conduct explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former conditions upon completion of such explorations. ! 1-5 6.5 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract documents. 6.6 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 6, that without exception the Bid is premised upon performing and fumishing 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 7.1 All questions about the meaning or intent of the Contract Documents are to be directed to Shimek, Jacobs & Finklea, L.L.P. Interpretations or clarifications considered necessary by the Design Engineer in response to such questions will be issued by Addenda mailed or faxed to all bidders recorded as having received the Bidding Documents. Questions received less than two days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Each Bidder shall acknowledge on the bid proposal that all Addenda issued have been received. 7.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. Contract Time 8.1 As time is of the essence on this project, the contract time will be considered in the Contractor's proposal. In no case shall the contract time exceed Ninety (90) calendar days. The time for completion in calendar days is as established by the Contractox's proposal. 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. 8.2 8.3 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 Conditions. Liquidated Damages Provisions for liquidated damages are set forth in the Item 1.36.1, General Provisions of the Contract. 10. Substitute or "Or-Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. 11. 12. Subcontractors, Suppliers, and Others 11.1 If the Owner requests the identity of any Subcontractors, Suppliers~ or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other 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, Suppher, other person or organization, may, before the Notice of Award is given; request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. 11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against who Contractor has reasonable objection. Bid Proposal 12.1 Two (2) completed Bid Proposals must be submitted in a sealed envelope as described in Item 15. The blank spaces in the Bid Form shall be filled in for each item for which a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions fi'om the plans and/or specifications will be accepted unless authorized in writing by the Owner. 12.2 The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated on the Bid Form. A corporation Bidder must name the state in which the organization is chartered. Bids which are signed for a corporation shall have the correct corporate name thereof, its post office address, and the signature of the president or other authorized officer of the corporation, manually written below the corporate name in the following manner: "By " If the bid is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. If the bid is made by a firm or partnership, the name and post office address of the managing member of the firm or partnership shall be given or the bid may be signed by an attomey-in- fact. If signed by an attomey-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members of the finn or parmers. 1-7 13. 14. 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. Estimates of Quantities The quantities listed in the Bid Form will be considered as approximate and will be used for the comparison of bids. Payments will be made to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for in the Contract Documents. 15. Submission of Bids 16. 17. 18. Bids (pages 1-14 thin 1-25) 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 478, Coppell, Texas 75019 until 3:00 p.m. ,1999, and then publicly opened and read aloud. Two identical copies of the bid enclosed in an opaque sealed envelope and marked with the Project title,.City of Coppell Bid No. Q-0199-02, and the name and address of the Bidder shah be submitted. Acknowledgement of receipt of each addendum shall be clearly noted on the bid envelope. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED: STATE HIGHWAY 121 WATER LINE" on the face of it and addressed to the Purchasing Agent, City of Coppert, Texas. Modification and Withdrawal of Bids 16.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 16.2 If, within twenty-four hours after the Bids are opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified from further bidding on the work. 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 from an individual, firm or partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid prior to that date. 19. 20. Award of Contract 19.1 The Owner reserves the right to reject any and all Bids, to waive any and all formalities 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, nonresponsive, 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. 19.2 In evaluating Bids, the owner will consider the qualifications of the Bidden, whether or not the Bids comply with the prescribed requirements, unit prices, completion time, and other data, as may be requested in the Bid form or prior to the Notice of Award. 19.3 The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 19.4 The Owner may conduct such investigations as the owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and fumish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 19.5 If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. 19.6 If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of Award within ninety (90) days after the date of the Bid opening. Execution of Agreement Within fifteen (15) days after writtan notification of award of the contract, the Successful Bidder shall execute and furnish to the Owner three (3) original signed contracts, including bonds, and Certificates oflnsnrance. 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. r ! 1 1-9 22. Bid Compliance -~ Bid must comply with all Federal, State, county and local laws. any illegal alien. 23. Notice to Proceed 24. 26. 27. Contractor shall not hire nor work 28. 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 Contractor shall commence work within ten (10) calendar days a~er the date of Notice to Proceed. State and City Sales Taxes The Contractor's attention is directed to State of Texas, Tax Code, Section 151-311, This section provides that all items used or consumed by a Contractor can be purchased flee of State and City sales tax if necessary and essential for the performance of the contract and completely consumed at the job site and when the project is being performed for an agency exempt under State of Texas, Tax Code, Section 151.309. This contract is issued by an agency which qualified for exemption pursuant to the provisions of State of Texas, Tax Code, Section 151.309. Silence of Specification The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. Change Orders No oral statement of any person shall modify or othenvise 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 con~xact, 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. agreement is performable in Dallas County, Texas. This 29. Maintenance Bond The Contractor shall provide, on the form provided, a two year Maintenance Bond at the completion of the project in an amount equal to 50% of the final conlxaet amount. The bond must be provided prior to final payment by the City. 1-10 PROPOSAL PROJECT IDENTIFICATION: State Highway 121 Water Line in Coppell, Texas. BID OF H & W Utility Contractors DATE: (NAME OF FIRM) February 23, 1999 THIS BD IS SUBMITTED TO: City of Coppell (hereinaftercalled OWNER) c/o Purchasing Agent 255 Parkway Boulevard P.O. Box 478 Coppelt, Texas 75019 CITY OF COPPELL BID NO: Q-0199-02 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): NO: Date: Reed: 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 fumishing of the Work. T ! I 1-11 Item No. 1 Estimated Quantity 4,137 40 Unit L.F. L.F. CITY OF COPPELL, TEXAS State Highway 121 Water Line From Sandy Lake Road to 675' South of Corporate Drive BID SCHEDULE Description and Price in Words I Price in I Extended Figures Amount For Furnishing and Installing 12-Inch PVC Waterline with Embedment complete in place, the sum of Twenty-Three and Forty-Two Cents per Linear Foot. Dollars $ 23.42 $ 96,888.54 For Furnishing and Installing 12-Inch PVC Watedine by Dry Bore complete in place, the sum of One Hundred Thirty-Three and No Cents per Linear Foot. Dollars $ 133.00 $ 5,320.00 3 33 L.F. 190 L.F. 60 L.F. For Furnish & Install 12" PVC Waterline in 18" Dia., 3/16" Thick Encasemerit Pipe by Dry Born complete in place, the sum of Thirty-Two Dollars and No Cents per Linear Foot. For Furnishing and Installing 12-Inch PVC Waterline with Class "G" Concrete Encasement complete in place, the sum of Forty-Five and No Cents per Linear Foot. For Furnishing and Installing 8-Inch PVC Watedine with Embedment complete in place, the sum of Eighteen and Fifty Cents per Linear Foot. Dollars Dollars $ 32.00 $ 1,056.00 $ 45.00 $ 8,550.00 $ 18.50 $ 1,110.00 No. Quantity Unit Description and Price in Words 6 30 L.F. For Furnishing and Installing 6-Inch PVC Waterline with Embedment complete in place, the sum of Seventeen and No Cents per Linear Foot. Dollars 7 8 Ea. For Furnishing and Installing 12-Inch Gate Valve complete in place, the sum of One Thousand Fifty Dollars and No Cents per Each. Price in Figures 17.00 Extended Amount 510.00 $ 1,050.00 $ 8,400.00 8 6 Ea. 9 6 Ea. 10 6 Ea. 11 3 Ea. For Furnishing and Installing 8-Inch Gate Valve complete in place, the sum of Five Hundred Ten Dollars and No Cents per Each. .For Furnishing and Installing 6-Inch Gate Valve complete in place, the sum of Four Hundred Twenty-Five Dollars and No Cents per Each. For Furnishing and Installing Standard Fire Hydrant complete in place, the sum of One Thousand Seven Hundred Forty Dollars and No Cents per Each. For Furnishing and Installing 2-Inch Air and Vacuum Release Valve complete in place, the sum of Two Thousand Three Hundred Fifty Dollars and No Cents per Each. $ 510.00 $ 3,060.00 $ 425.00 $ 2,550.00 $ 1,740.00 $ 10,440.00 $ 2,350.00 $ 7,050.00 1-15 No. Quantity Unit 12 2 Ea. 13 2 Ea. 14 3,370 Lbs. 15 50 L.F. 16 27 L.F. 17 23.5 S.Y. Description and Price in Words For Furnishing and Installing 6-Inch Blow-Off Valve and Assembly complete in place, the sum of One Thousand Five Hundred Se~;enty Dollars and No Cents per Each. For Connecting to Existing 12-Inch Waterline complete in place, the sum of Three Thousand Two Hundred Fifty Dollars and No Cents per Each. I 1,570.00 For Fumishing and Installing Ductile Iron Fittings $ complete in place, the sum of One Dollars and Seventy Cents per Pound. For Removing and Replacing Existing Concrete Pavement complete in place, the sum of Seventy-Five Extended Amount 3,140.00 and No Cents per Linear Foot. Dollars For Removing and Replacing Existing Asphalt Pavement complete in place, the sum of and No Cents per Linear Foot. Dollars $ 3,250.00 $ 6,500.00 For Removing and Replacing Existing Gravel Drive complete in place, the sum of Twenty and No Cents per Squaro Yard. Dollars 1.70 $ 75.00 $ 3O.OO $ 20.00 $ 5,729.00 3,750.00 810.00 470.00 1-16 No. Quantity Unit Description and Price in Words 18 30 C.Y. For Extra Concrete for Encasement complete in place, the sum of One Hundred and No Cents per Cubic Yard. Dollars 19 30 C.Y. For Extra Crashed Stone for Embedment complete in place, the sum of Fifteen Dollars and No Cents per Cubic Yard. 20 1 L.S. For Furnishing, Installing, Maintaining and Removal of Erosion Control Devices complete in place, the sum of Seven Hundred Fifb' and No Cents per Lump Sum. Dollars 21 1 L.S. For Furnishing, Installing and Maintaining Traffic Control Devices complete in place, the sum of One Thousand Eight Hundred Fifty Dollars and No Cents per Lump Sum. 22 4,417 L.F. For Designing and Installing Trench Safety System complete in place, the sum of Two Dollars and No Cents per Linear Foot. TOTAL AMOUNT BID (Items 1 Through 22) Price in [ Extended Figures Amount 100.00 $ 3,000.00 $ 15.00 $ 450.00 $ 750.00 $ 750.00 $ 1,850.00 $ 1,850.00 $ 2.00 $ 8,834.00 180~17.54[ 6. BIDDER agrees that all Work awarded will be completed within Sixty (60) calendar days. Contract time will commence to nm as provided in the Contract Documents. 7. Communications conceming this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. 8. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in the Contract Price (See Instructions to Bidders). 9. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adjusted accordingly. SUBMII'fED on February 23 ,19 99 1-18 OUESTIONNAIRE Each Bidder shall write in the name, where indicated, of the manufacturers and suppliers of equipment which Bidder proposes to furnish and the subcontractors the Bidder plans to utilize. Not more than one manufacturer's or subcontractor's name shall be listed for each item of equipment. Upon award of a contract, the named equipment shall be furnished. Substitutions will be permitted only if named equipment or subcontractor does not meet the requirements of the Contract Documents, the manufacturer or subcontractor is unable to meet the requirements of the construction schedule, or the manufacturer or subcontractor is dilatory in complying with the requirements of the Contract Documents. Substitutions shall be subject to concurrence of the Owner and shall be confirmed by Change Order. Preliminary acceptance of equipment listed by manufacturer's name shall not in any way constitute a waiver of the specifications covering such equipment; final acceptance will be based on full conformity with the Contract Documents. Failure to furnish all information required may be cause for rejection of the Bid. Equipment PVC Water Line J M Pipe Gate Valves Waterous 2-Inch Air & Vacuum Valve Crispin Ductile Iron Fittings Tyler Pipe Manufacturer/SunnHer Discipline Subcontractor BID A]~FIDAVIT The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be Ninety (90) calendar days fi'om the date of the bid opening. STATE OF Texas COUNTY OF Denton BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas , on this day personally appeared Michel S. Haynes who after being by me duly sworn, did depose and say: (Nard) "I, Michel S. Haynes (Nard) Utilities, Inc. dba H&W Utility Contractors (Name of Finn) foregoing on behalf of the said am a duly authorized office/agent for and have been duly authorized to execute the H&W Utility Contractors (Narr~. of Finn) 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 open'rag 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: Utilities, Inc. dba H&W Utility Contractors 305 Main Street, Lake Dallas, Texas 75065 Telephone: ( 940 ) 321-5158 by: Michael S. Haynes Title: President Signature: ~ onthisthe ~-':1,4 ,~ dayof ~eht'h tg,./uc2,~ 19~. No Pubhc and fo~ Staff ~ !~ NOTARY PUBLIC ~ 1-20 If BDDER IS: An Individual By doing business as Business address A Partnership By Business address ..... By (Corporate Seal) Attest Business address 0ndividuars Name) Phone No. (Firm Name) (General Partner) Phone No. Utilities, Inc. dba H&W Utility Contractors (Corporation Name) Texas (State of incorporation) Michel S. Haynes (Name of penon authorized to siEn) President (Titl ~e allas Texas · kD , Phone No. 75065 (940) 321-5158 A Joint Venture By (Name) (Address) By (Name) (Address) (Seal) (Seal) (seal) (SeaD (Seal) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a partner to the joint venture should be in the manner indicated above.) AFFIDAVIT OF SAFETY RECORD (I) (We) the undersigned do declare and affn-m that (my) (our) fwm or corporation 0ms) (have) received none citation from the Occupational Safety and Health Administration (OSHA) within the past two (2) years and C0 (We) do further declare and affirm that (my) (our) fm or corporation (has) (have) experienced none worker injuries related to construction safety on projects within the past two (2) years. NAME OF SUBCONTRACTOR Utilities, Inc. dba H&W Utility Contractors NAME OF FIRM OFFICER'S NAME & TITLE SIGNATURE OF OFFICER DATE Michael S. Haynes, President OFFICER'S NAME & TITLE DATE STATE OF TEXAS } } COUNTY OF DENTON } BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day appeared Michael S. Haynes President for H & W Utility Contractors known to me to ha the person whose name is subscribed to the foregoing instrument and acknowledged to me that (he) (she) (they) executed the same for the purposes and considerations therein expressed as the act and deed of said fm'n or corporation, and in the capacity therein expressed. Notary Public in and for the State of Texas . NOTARY PU~IC ~ 1-22 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 23r~ day of March in the year 1999 by and between the CITY OF COPPELL, TEXAS, a municipal corporation enereinafter called OWNER) and H & W Utility Contractors (hereinafter called) CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants herehailer 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: The project consists of approximately 4,137 linear feet of 12-inch PVC waterline by open cut; 33 linear feet of 12-inch PVC waterline in steel encasemerit pipe by boring; 190 linear feet of 12-inch wate~ine with concrete encasement; 40 linear feet of 12-inch waterline by boring; eight 12-inch gate valves; eight 6-inch gate valve; eight standard fire hydrants, together will all necessary appurtenances including valves and madway replacement. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: STATE HIGHWAY 121 WATER LINE PROJECT NO. WA 98-01; BID NO. Q-0199-02 Article 2. ENGINEER. The Project has been designed by: Texas. Shimek, Jacobs & Finldea, L.L.P., Consulting Engineers, Dallas, Contract administration will be provided by the City of Coppell Director of Engineering and Public Works 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. Article 3. CONTRACT TIME 3.1. The Work will be completed within Ninety (90) calendar days, 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. 1-26 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 the Contractor's proposal and in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Item 1.36 of the General Provisions. They als0 recognize the delays, expense end difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on fkme. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that liquidated damages is not considered as a penalty, but shall be deemed, taken and treated as reasonable damages on a dally basis. CONTRACTOR shall pay OWNER as specified in Item 1.36.1 LIQUIDATED DAMAGES of the General Provisions 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 contact sum shall be the amotmt of $180,217.54. The total tangible personal property cost (items incorporated into the project - nontaxable) included in the contract sum is $ Article 5. PAYMENT PROCEDURES CONTRACTOR shall Submit Applications for Payment in accordance with Item 1.51 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 251h day of 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. 5.1.1.Prior to Completion, progress payments will be made in an amount equal to the percentage indicated in Item 1.51.2 RETAINAGE of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 1.52 of the General Provisions. 5:2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 1.51.4 FINAL PAYMENT 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 (see Item 1.51.4 of the General Provisions). 1-27 Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce the OWNER to enter into this Agreement, the 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 detemination set forth in Item SC-1.3 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 carefuUy studied (or assrues 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, perfonnance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 1.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 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 accmte 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 and 1.21 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACTOR DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 28 thru 32, inclusive). 8.2. Exhibits to this agreement. 1-28 8.3. Certificate of insurance. 8.4. Notice of Award. 8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction, North Central Texas Council of Governments (NCTCOG), latest addition. 8.6. Supplementa~ Conditions to the NCTCOG, Part 1: General Provisions (pages 1-35 thin 1-40). 8.7. Specifications bearing the title: "Specifications and Contract Docments for the construction of State Highway 121 Water Line, City of CoppelF'. 8.8. Drawings entitled: "Construction Plans for State Highway 121 Water Ume". 8.9. The following listed and numbered addenda: Addendum No. 1 dated Addendum No. 2 dated Addendum No. 3 dated Received Received Received 8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding and Contract Documents. (pages 1-14 thin 1-25) 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12. The following which may be delivered or issued at~er the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplemenfmg the Contract Documents pttrsuent to Item 1.37 and Item 1.38 of the General Provisions. 8.13. The documents hsted in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted othexwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 1.37 and 1.38 of the General Provisions. Article 9. 9.1. MISCELLANEOUS 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 restfiction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. \~S.h~-~f,~f_~jf_-~t~X~jec.~cah~p~r~s4~pcc~xcamct~-h'~.,~c I -29 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its parmers, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agieefnent will be effective on March 23, 1999. Owner: CityofCoppell By: ~ , Title: /778 ~F' Contractor: By: Title: Attest: H & W Utility Contractors 305 Main Street Lake Dallas, Texas 75065 . Haynes Address for giving notices: P.O, Box 478 Coppell, .Texas 75019 Attn: Ken Griffin, P.E. ' Director of Engineering & Public Works Address for giving notices: 305 Main Street Lake Dallas, Texas 75065 AIm: Michael S. Haynes President (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 1-30 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DALLAS BOND NO. LF01-10844 KNOW ALL MEN BY THESE PRESENTS: That H & W Utility Contractors whose address is 305 Main Street, Lake Dallas, Texas 75065 , hereinafter called Principal, and INTERCARGO INSURANCE COMPANY , a corporation organized and existing under the laws of the State of ILLINOIS , and fully licensed to transact business in the State of Texas, as Surety, are held and fn-mly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of One Hundred Eighty Thousand, Two Hundred Seventeen and 54/100 DOLLARS ($ 180,217.54 ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. TItE 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 23r~ day of March A.D. 1999, which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: State Highway 121 Water Line Project No. WA 98-01; BID NO. Q-0199-02 NOW, TFt~.REFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter - be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all ddfects due to faulty materials and workmanship ihat appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in ms!ring good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURI'H ER, that if any legal action be filed on this Bond, exclusive Vcnuc shall lie in Dallas County, Texas. (Revised 9/92) O: PERFBOND.FR.bI/CP 1-31 AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Specifications accompanying the same shall in anywise affect 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 or to the Specifications. This Bond is given pursuant to the provisions of Article 5160 of Vemon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS ~VI-IF, REOF, this instrument is executed in s ix deemed an original, this, the 19th dayof April copies, each one of which shall be · 1999 . PRINCIPAL H & W Utility Contractors Name: Title: President ATTEST: SURETY INTERCARGO INSURANCE COMPANY Name: PAULINE L. LESCH Title: ATTORNEY-IN-FACT The Resident Agent of the Surety in Dallas County or Denton County, Texas, for delivery of notice and service of the process is: NA/VIE: PCL CONTRACT BONDING AGENCY STHEETAI)DI~ESS: 206 ELM ST., ~105, LEWISVILLE, TEXAS 75057 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) (Revised 9/92) 0.' PERFBOND. FP3gCP 1-32 PAYMENT BOND STATE OF TEXAS } } COUNTY OF DALLAS } BOND NO., LF01-10844 KNOW ALL MEN BY THESE PRESENTS: That H & W Utility Contractors ~vhose address is 305 Main Street, Lake Dallas, Texas 75065 , hereinafter called Principal, and INTERCARGO INSURANCE COMPANY , a corporation organized and existing under the laws of the State of ILLINOIS , 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 "Ovmer", and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of One Hundred Eighty Thousand, Two Hundred Seventeen and 54/100 DOLLARS ($ 180,217.54 ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. TFrE OBLIGATION TO PAY SA~ME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Owner, dated the 23ra day of March , 1999 A.D., which is made a part hereof by reference, for the: State ltighway 121 Water Line Project No. WA 98-01; BID NO. Q-0199-02 NOW, TItEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTItER, that if any legal action be filed on this Bond, exclusive Vcnue shall l!c in Dallas County, Texas. AND PROVIDED FURTIIER, that the Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect 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 the provisions of Article 5160 of Vemon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. (Revised 9192) O: PERFBOND. FRM/CP 1-33 The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN ~VITNESS V~' H ~; REOF, this instrument is executed in s ix deemed an original, this, the 19 th day of Apri 1 copies, each one of which shall be ,19 99 · PRINCIPAL H & W Utility Contractors Title: President SURETY ATTEST; INTERCARGO INSURANCE COMPANY Name: PAULINE L. LESCH Title: ATTORNEY-IN-FACT The Resident Agent of the Surety in Dallas County or Denton County, Texas, for delivery of notice and service of the process is: NAME: PCL CONTRACT BONDING AGENCY STREET A/)DRESS: 206 ELM ST., #105, LEWISVILLE, TEXAS 75057 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) (Revised 9/92) O: PERFBOND. FRM/CP 1-34 MAINTENANCE BOND BOND NO. LF01-10844 THE STATE OF TEXAS COUNTY OF DALLAS KNOW ALL IViEN BY TlfliISE PRESENTS: THAT H & W Utility Contxactors , as Principal, and INTERCARGO INSURANCE COMPANY , a Corporation organized under the laws of I LLI NOI S , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the CITY OF COPPELL , a Municipal Corporation, Texas, the sum of NIN.~'.t'f THOUSAND ONE HUNDRB EIGHT kND 77/100 ................................ Dollars ($ 90,108.77-- ), forthe payment ofwkichsumwilI andtrulybemadeunto said CITY OF COPPELL and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said H & W UTILITY CONTRACTORS has this day entered into a written contract with the said CITY OF COPPELL 'tobuildandconstmct STATE HIGHWAY 121 WATER LINE PROJECT NO. WA 98-01; BID NO. Q-0199-02 which contract and the plaas and specifications therein mentioned, adopted by the CITY OF COPPELL arehereby expressly made a part thereof as through the same were written and embodied herein. WItEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and kee~ ha good repair, the work herein con~'acted to be done and performed, for a period of two (2) years fxom the date of the acceptance of said work, and to do all necessary repairs and/or reconstructing in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workrn~nqh/p or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Couttactor. It being understood that the purpose of this section is to cover all defective conditions adshag by reason of defective mateial and charge the same against the said Contractor, and sureties on th/s 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 contzact. Now, therefore, ff the said Comxactor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said CITY OF COPPELL shall have aud receive fxom the said Contractor and its' principal and sureties damages in the premises, as provided; and it is funlher agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shah have been exhausted; and it is further understood that the obligation hereha to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, dished or in any manner affected from any cause during said lime. ]I"I~,VITNESSTHEREOF, thesaid H & W UTILITY CONTRACTORS has caused these presents to be executed by MICHAEL S. HAYNES and the said INTERCARGO INSURANCE COMPANY has caused these pr~sents to be executed by its' Attorney in fact and the said Attorney in fact PAULINE L. LESCH , has heretmto set his hand, the 19th _dayof April ,19 99 SI/R.ETY: INTERCARGO INSURANCE COMPANY PAULINE L. LESCH, ATTORNEY-IN-FACT PRINCIPAL: H & W Utility Contractors B;~TE~President Secretary NOTE: Date of Maintenance Bond nanst not be prior .to date of Contract. 1-35 IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. A'R'ACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become condition of the attached document. a part or ~ ' Approval Code LIMITED POWER OF ATTORNEY Bond # IIIIlllllllllllllllllllllllllll[ll ,N'rsac~6o ,NsuRANcs C0MP ANY LFO KNOW ALL MEN BY THESE PRESENTS: That the INTF~CARGO INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of State of Illinois, does hereby nominate, constitute and appoint, Pauline L. Leach its tree and lawful Attorneys-in-fact to make, execute, attest, seal, and deliver for and on its behalf, as surety, and as its act and deed, where r~quired, any and all bonds, undertekin~s. recognizances and written obligations in the natlife thereof, the penal sum of no one of which is in any event to exceed $5,000,000.00 as required by Surety Obligees. Such bonds and undertakings, when duly executed by the aforesaid Attorneys-in-fact shall be binding upon the said Company as fully and to the san~ extant as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of December, 1988: "RESOLVED~ That the President. or any Vice President of the Company or any person d~slgrmted by any one of them is h©reby authorized to executa Powers of Attorney qualifying the attorney named in the ~iven Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of sumtyshlp, and that any Secretary or any Assistant Secretary of the Company be, and that ©ach or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to aOach thereto the Seal of the Company. FURTHER RESOLVED, That the signstore of such officers and the Seal of the Company may be affixed to any such Power of Ailorney or relating thereto by facsimile, and any such Power of Attorney or cerdficate bearing such facsimile signatures or facsimile seal shall be thereslUr valid and binding upon the Company with resp~t to any bond, Rmiertaking or contract of suretyship to which it is attached." Bonds ex~uted under this Power of Allorney may be exocutsd under facsimile signature and seal pursuant to the following P~solutlon adopted by the Board of Directors of the Company on August 7, 1997. "RESOLVED, That the signature of Stanley A. (}alanski, as President of this Corporation, and the seal of this Corporation may he affixed or printed on any and all bonds, underlakings, r~cognlzances, or other written obligations thereof, on any revocation of any Power of Attorney, or on any certificate r~lating thereto, by facsimile, and any Power of Attorney, any revocation of any Power of Attorr~y, bonds, undertakings, recognizances, certificate or ofuer written obligation, bearing such facsimile signatom or facsimile seal shall be valid and binding upon the Corporation.' IN WITNF~3 WHEREOF, the INTERCARGO INSURANCE COMPANY has caused its corporata seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 8th day of August, 1997. INTERCARGO INSURANCE COMPANY BY: STATE OF ILLINOIS COUNTY OF COOK ss. On this 8a day of August, 1997, before me personally came Stanley A. Oalanski to rn~ known, who, being duly sworn, did depose and say: ~lat he is Pr~sideto of the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the aforesaid instrument is such 0orporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said inslrument by like order and authority: STATE OF ILLINOIS COUNTY OF COOK as. I, Michael L. Rybak, Secretary of the INTERCARGO INSURANCE COMPANY a eorporatlon of the State of Illinois, do hereby certify that the above and foregoing is a full, true and corr~t copy of Power of Attorney issued by said Company, and that I have compared sam~ with the original and that it is a correct transcript therefrom and of the whole of she original and that the said Power of Attorney is still in full for0~ and effect and has not been r~voked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the City of Sehaumburg, this 19 (h d.y of April "' ,/" _. i:f 1999 I | n fin Bates & As i AFFORDED BY THE 8144 W,,Inut Hill Lmle, SuitelOSl ,LB54 . mm Dallas, TX 75231 C~MP~Y B Utilities, Inc., dba: H&W Utility Contractors ~mn C 305 M~n St, L~e D~las, TX 75065 ~a D ~0-321-515g ~ E COMPANIES AFTORDING COVERAGE Reliance National Indemnity I. ¢edificsle Holder is provided wi~ a Waiver of Sgbtglatien for Wwker, ConCrete. E Io ~lLiabll lsl~* Io run, the olicy~ IoyNl~omAMgSlffb0lt~lne. 3.~r d~llnfomt~:STA~ A~RIZED REPREIENTAT~ For infatuation a~ul this ce~cate call 281-999-5544. TO: CcrO~catc tlolder City of Coppert 255 Parkway BIrd. P.O. Box 478 Coppoll, 'IX 75019 H&W Utility Consrectors 305 Moin Street Lake Dories, TX 75065 Co Type or Insurance Policy Number Policy I'lClajmslv~de HOccurrence Excess Liability I'lOccmtence FIClaims-Madc [ZJReteution $ Workers Compensallon and Employers LiehOlly Policy Policy Policy LImits/Values Effecth~ Expiration kted Ex~,-Any one Pen $ 10,~o:1 general ASgtegate Prodtkqs-Ce, mp/Op A~e,g $ 2j301,0ttl Bodily IttJu,W-In~ mccxdent Deduco'ble/Coll ,!: Othel lhan $ Prcd/comp Op~ AEg, S LIwc stmutory Lurdes IIOfiter E.L. Each Accident E,L. Dlseme-i~ Empk~yee $ E.L. Disarea-policy Lbxfl Insurance Conspan(los): A N silohal Union Fire Insurance Co. ol Pittre, Description of OperMIon~/Locatlons/Vehlcles/gxcluslons Added by Endorsemenb8~dal Provisions: Ce~i~cec Holder ~ li~d Aon ~sk SeNce, of Texas, Inc. Date: Anril 16, 1999 By: Authori~d Representative, Kim K. Kroesche ,4on Rt,vk Services, of Texas, lnc 2000 Befing Drive, Suite 900 Houston, Texas 77057-3790 tel (? 13)430-6000 rex:(713)430-6520 ACORD. CERTIFICATE]OF LIABILITY INSURAI,'~,E McQueary }~enry Bowlea Troy LLP 16607 Blanco Rd, Ste 904 J J San Antonio, TX 78232 (210) 479-7723 W UTILITY CONTRACTORS 09/05/2000 THIS CERTIR6X"II IS ISSUED AS A MATT~R"OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE HOLDER. THIS CERTIRCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. COMPANIES AFFORDING COVERAGE UNITED NATIONAL 305 MAIN ST. J LAKE DALLAS TX 75065 COMPANY I D 'J THIS IS TO CEFCrlFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE TNSURED NAMED ABOVE FOR THE POUCY PERIOO INDICATED, NOTWITHSTANDING ANY REQUIREMENT, 1tERM OR CONDITION OF ANY CONTIqACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. GEM Ll128401 09/03/99 10/03/00 GBERALAeeREGAm S2.000,000 A__UTOIIO81~ UABLITY COMBINED SINGLE LIMIT i wo..,~m. co,mu..o. AND J T~O~'S~a~ I I°~"~ ,.L"~"'~pO~J"'~C%"'~A""~T~Z'~A"Z'""Z21 "AT"..~ LZ~, "O. "A9" - 0 "; '"ZD=f=Q0" 99 - 02 CITY OF COPPELL Em.m~0N .am mB~0~, mE resume cowaNY 255 P~AY BL~. 10 OA~ e ~E m mE Cm~ ~.O. BOX 478 e~ F~RE m ~ ~. ~E ~ e ~ ACORD CE:RTIFICATE OF INSURANCE ~ODUCE~ Insurance Network of Texas 143 East Austin Giddings, TX 78942-3299 INSURED Executive Administrative Services Inc 4414 Centerview, Suite 293 San Antonio, TX 78228 EXECUADM DATE (MMIOD/YY) 09/02/99 THIS CERTIFICATE IS ISSUED AS A MAI'rER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY B COMPANY C COMPANY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION CO ~ TYPE OF INSURANCE POUCY NUMBER LTR i DATE (MM/DD/YY) DATE (MMIDD/YY} OWNER'S & CONTRACTOR'S PROT AU!OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTO8 NON43WNED AUTOS EXCESS LIABILITY , UMBRELLA FORM ' oTHERT.A. uMBREL ,PoRMr WORERSCOMPENSATION~O WC985143 EMPLOYERS' LIABILITY THE PROPRIETOPJ ~ INCL PARTNERS/EXECUTIVE EXCL i ; ,Ec. RE ARE: 10/18/98 10/18/99 UMITS GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG $ PERSONAL & ADV INJURY $ EACH OCCURRENCE $ FIRE DAMAGE I~ny One tire) $ MED EXP (Any One person) $ COMBINED SINGLE LIMIT $ BODILY INJURY (Perperson) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ AUTO ONLY-EA ACCIDENT $ OTHERTH, ANAUTOONLY: ~;:!::~::!::;:7:;!;:!::~;:!::!~:!:::;:!:i!;~;:~;!i!;i;:~;~;:~;:i;;~;i;~;E EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE S AGGREGATE $ $ I STATUTORY LIMITS :::!: :: ::: :::::: ::~ ~: i: ~;:::!~; :::!;:::: EACH ACCiDENT $1 I 000 1000 DISEASE'POLICY LIMIT $1 t 000 I 000 DISEASE*EACHEMPLOYEE sl, 000,000 DESCRIPTION OF OPERATIONSILOCATIONSNERICLESISPECIAL ITEMS --Project: Project State Highway 121 Water Line Project No. WA98-01; Bid No. (See Attached Schedule.) CERTIFICA~HO~ER City of Coppell 255 Parkway Blvd. P.O. Box 478 Coppell, TX 75019 Q0199~02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ACORD25-S(3/93)1 of 2 #S304ii/M30409 DESCRIPTIONS (Continued from page 1 .) ~ & W Utility Contractors is an Alternate Employer in regards to Workers Comp Policy. City of Coppell in named in favor on Waiver of Subrogation on Workers Comp policy. ACORD. CERTIFICAT"J"OF LIABILITY INSURA,"', E Dl~ll (MI&DD YY) 11/01/2000 McQueary Henry Bowles Troy LLP 16607 Blanco Rd, Ste 904 San Antonio, TX 78232 (210) 479-7723 COMPANY A H & W UTILITY CONTRACTORS s 305 MAIN ST. c LJLKE DALLAS TX 75065 C~PN~ 4 D THIS CERTIRCATE IS"['SSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIRCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. COMPANIES Aj=FORDING COVERAGE UNITED NATIONAL LUMBERMENS MUTUAL CASUALTY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTINITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTI~ACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. GENERAL UABIUTY L7128401 09/03/99 12/01/00 10/24/00 10/24/01 RE: PROJECT STATE NIGHWAY 121 WATER LINE, N0. WA98-01; BID#Q0199-02 CiTY OF COPPELL 255 PARKWAY BL~. ~ DA~WR~E~EC~Am~N~E~, ,P.O. BOX 478 COPPELL TX 75019 A~A. K~D ~ ~ANY, . AQ~ . IA~ McQueary Henry Bowles Troy LLP 16607 Blanco Rd, Ste 904 San Antonio, TX 78232 (210) 479-7723 ACORD, CERTIFICATE OF LIABILITY INSURANCE 9/3/1999 THIS CER'TIRCATE IS ISSUED AS A MA'r'I~R OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATS HOLDER. THIS CER"rlFICATS DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE 1~8URED H & W UTiLiTY CONTRACTORS 305 MAIN ST. LAKE DALLAS TX 75065 COMPANY COMPN, IY B COMPANY C COMPN,,'Y D UNITED NATIONAL THIS IS TO CERTIFY THAT THE PODCIES OF INSURANCE US'FED BELOW HAVE BEEN ISSUe TO THE INSURED NAMED ABOVE FOR THE POLiCy PERIOO INDICATED, NOTINITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED O~ MAY PERTNN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE EXCLUSIONS AND CONDD]ONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L7128401 09/03/99 09/03/00 ee~B~_~ee.se~ s2,0OO,ooo FROPB'~TY DNdAGE $ _ RE: PROJECT STATE HIGHWAY 121 WATER LINE, NO. WA98-01; BID#Q0199-02 CITY OF COPPELL 255 P~AY BL~ 'P.O. BOX 478 COPPELL TX 75019 ~ove~e~gn X~9, Group/NACSOH ~LYANOC~IRENOR~HT~UP~BCER~FICITE ',, H~DE~ THIS OE~IRCA~ D~ N~ AMID, ~ND OR ' Dallas, TX 75~4G Attn: Nzn~y ............ Ext: 2~3 A i otNER >ROJECTs STAT~ H[GNVAY 121 WATER LZNE, !05/)Z/1998 TOTIlL PRC, E.03 ,x~ CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD GENERAL PROVISIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, NORTH CENTRAL TEXAS, LATEST ADDITION, PREPARED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. ITEM 1.0 - DEFINITIONS SC-1.0 E, ngin.¢~: 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. Shop Drawings: Add the following language after the second reference to CONTRACTOR: "afterhis review and approval of same". Calendar Day: Add the following sentence to the end of the working days definition: 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 shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments. All other terms used in these Supplementary Conditions which are defined in the General Provisions shall have the same meanings used in the General Provisions. ITEM 1.15 - SURETY BONDS SC-1.15 Add following sentence to Item 1.15 (A): "Maintenance Bond shall be required in the amount of Filly Percent (50%) of the cost of the public improvements for a 2 year period." j:'~l~r. al~ll'SS.l~7~pe~Xt~-ch~x~p-co.~_d~: 1-36 Supplementary Conditions of the Agreement 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 not performed explorations and tests of subsurface conditions at the site of the work. The Contractor may take borings at the site to satisfy bjmself 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 conslxuction 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 better, at his own cost and expense. If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The fight 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". x~jhjr_vom~j~-~'~l~c.a~x~-~6~-~x~c~-c,~ck~ 1-37 Supplementary Conditions of the Agreement 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, Consulfmg 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 Consuiting Engineer to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the performance of work be any separate Contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER or Consulting Engineer or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER, ENGINEER or Consulting Engineer on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Item 1.36. An extension of the Contract Time shall be CONTRACTOR's exclusive 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 1-38 Supplementary Conditions of the,tgreement the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. ITEM 1.27 - MATERIALS AND WORKMANSHIP: WARRANTIES AND GUARANTEES SC-1.27.4 Amend the first sentence of Item 1.27.4 to change the words "one year" to "two years". ITEM 1.32 - WORKING AREA; COORDINATION WITH OTHER CONTRACTORS; HNAL CLEANUP SC-1.32.1 Delete Item 1.32.1 in its entirety and insert the following in lieu thereof: "Horizontal and vertical control has been established as shown on the construction plans. The Contractor shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the requirements of the construction documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and the lines and grades given therein." ITEM 1.33 - OTHER CONTRACTORS; OBLIGATION TO COOPERATE SC-1.33 Delete the last sentence of the second paragraph and substitute the following in lieu thereof: "In such event, Contractor shall be entitled to an extension of working time only for unavoidable delays verified by the Engineers, as provided in Item 1.36; however, no increase in the contract price shall be due the Contractor." Insert the following sentence at the end of the second paragraph of Item 1.33: "The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR for 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 of Provided below." ~[xJjf_vo12~xclclic. al~.op~llX~8.167~.~peca~t~ch_~px__~nd, doc 1-39 Supplementary Conditions of the Agreement 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: ITEM 1.49. - OWNER'S OFFICERS. 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, dLrectly 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 mounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. ITEM 1.58 - STATE AND LOCAL SALES AND USE TAXES SC-1.58 Delete Item 1.58 and substitute the following in lieu thereof: 1.58 Recent legislation has removed the sales tax exemption previously provided by Section 151.3 11 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty. It is still possible, however, for a contractor to make tax-flee purchase of tangible personal property which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the City for those materials. (This procedure may not be used, however, for materials which do not become a part of the firfished product. For example, equipment rentals, from 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 devclop the "separated contract" and will determine the cxtent of the tax exemption. Upon execution of the construction contract, the contractor shall fumish a breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. 1-40 Supplementary Conditions of the Agreement SECTION 2 SPECIFIC PROJECT REQUIREMENTS 2-1 SECTION 2 SPECIFIC PRO~ECT REQUIREMENTS The construction specifications which apply to this project are the Standard Specifications for Public Works Construction - Noah Central Texas with latest Amendments prepared through the North Central Texas Council of Governments (C.O.G.). The following Specific Project Requirements contain general and specific project requirements applicable to this project in the City of Coppell. These individual specifications control for this project. Additional amendments to the N.C.T.C.O.G. Standard Specifications are contained in Section 3 - Special Provisions to Standard Specifications for Construction. In the event that an item is not covered in the Project Drawings and these Specifications, then the Standard Specifications for the City of Coppell, Texas shall apply. SECTION 2 - SPECIFIC PROJECT REQUIRE1VIENTS 2.2 2.3 2.4 2.6 2.7 2.8 OWNER: The "Owner" as referred to in these Specifications is the City of Coppell, P.O. Box 478, Coppell, Texas 57019. 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 done in accordance with the Project Drawings and Specifications. In the event that an item is not covered in the Project Drawings and Specifications, then the Standard Specifications for Construction for the City of Coppell, Texas shall apply. SITE: The Contractor shall limit his work to the area shown on the Project Drawings as within the project site. PROJECT DESCRIPTION: This Contract consists of the construction of the State Highway 121 Water Line, as shown in the construction plans WA-98-01. 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, rules, regulations and order of any public authority have jurisdiction for the safety of persons or property to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other wamings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. SURVEY AND FINISHED GRADES: The Contractor shall be responsible for installation of the water lines to plus or minus 0. 10-foot of the elevations shown on the construction plans. 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. 2.10 2.11 2.12 2.13 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 constructinn will be determined by the Engineer and authorized by him in writing. 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. All tree removal shall be in conformance with the City of Coppell Tree Preservation Ordinance (Ordinance No. 91500-A-203). COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading the plans and specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices in full accordance with the current TMUTCD and take all precautionary measures required bylaw to protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. The Contractor shall obtain approval from TxDOT for his traffic control and barricade plan along the Frontage Road of S.H. 121. The Contractor shall assme 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 carded on, in, or adjacent to, any street, alley, sidewalk, public fight-of-way or public place, the Contractor shall at his own cost and expense provide such flagmen and watchmen and funfish, 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's responsibility for providing and maintaining flagmen, watchmen, warning devices, 2.14 2.15 2.16 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 Coy falling to furnish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as required by law to be taken to protect persons and property, and to be reimbursed by the Contractor for any expense incurred in ordering such additional precautionary measures. In addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of waming devices, barricades, signs, fights, 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. Traffic Control and Barricades shall be bid on a lump sum basis as provided in the Proposal and Bid Schedule and shall be paid based on the pement of the project completed. EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: a. Prior to any excavation, the Contractor shall determine the locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other underground utilities and structures. b. After commencing the work, use every precaution to avoid interferences with existing underground and surface utilities and smactures, and protect them from damage. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items which may be encountered during the work are not necessarily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. The Contractor shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground or above ground, and he shall settle in total cost of all damage suits which may arise as a result of this operations. 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. 2.17 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 ~om any portion of the job site when it becomes objectionable or interferes with the progress of the project. 2.18 2.19 2.20 2.21 2.22 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 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 Contntctor's performance. Contract time by workday, Monday to Friday 8:00 a.m. to 5:00 p.m.; hours worked before 8:00 a.m. after 5:00 p.m., all weekends and holidays is 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 shall be paid by the Contractor. Such cost may be deducted from partial payments, if payment not made by Contractor. DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashings, brush or other debris removed from the site as a preliminary to the constntction shall be removed from the property. Any required bunting and disposal permits shall be the sole responsibihty 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, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. A conslxuction meter can be picked up at the City's Public Works office. The City will provide necessary water to test the waterline. 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. TESTING LABORATORY SERVICE: The Owner shall make arrangements with an independent laboratory acceptable for all backfill compaction, concrete and other testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of fetesis, 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. 2-6 SECTION 3 SPECIAL PROVISION TO STANDARD SPECIFICATIONS FOR CONSTRUCTION 3-1 SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION These Special Provisions, modify, or supplement the Standard Construction Specifications of the North Central Texas Standard Specifications. All provisions which are not so modified or supplemented remain in full fome and effect, except payment shall be as established in Section 1 entitled "Proposal and Bid Schedule". PART II: MATERIAl ,S - DIVISION 2 ITEM 2.1.5. TRENCH BACKFILL: Types "B" and "C" (4) Additional Requirements 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 othenvise 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) MortarRipmp. 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". Co) 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. PART III DIVISION 3 - SITE PRF, PARATION ITEM3.1.2. CONSTRUCTION METHODS: Add the following sentence after the second sentence: The method of protection shall be 2 inch by 4 inch wood railing tinless 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 ernbedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." PART IV: DIVISION 4 - SUBBASE AND BASE COURSES ITEM 4.8.4. CONSTRUCTION METHODS: (b) Compaction Amend the last sentence of the first paragraph, by striking the words: "90 percent of the maximum dry density of such material." and replace with the words "95 percent of the maximum dry density of such material, or as directed by Engineer. PART V: DMSION 5 - PAVEMENT AND 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 (c) (2) (h) (1) (2) 200 linear feet of pavement, unless otherwise specified on the Plans or directed by the Engineer. Proximity to Existing Structures: Add to end of sentence, "or as directed by the Engineer". 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." Joint shall be filled with silicone joint material to within 1/4-inch of pavernent surface. Finishing. 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 fleshly placed concrete with a fine mist, shall be used if water is needed for firfishing operations." Hand. Add a new paragraph after first paragraph which reads as follows: "Fog sprays powered by pressure pumps, and capable of coveting the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." PART VI: DMSION 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 stalking 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." SECTION 4 SPECIAL CONDITIONS 4-! SPECIAL CONDITIONS STATE HIGHWAY 121 WATER LIiNE S C. 1 GENERAL The "General Conditions of Agreement" shall be those set forth in the current Standard Specifications for Public Works Construction, North Central Texas, General Provisions and the City of Coppelrs Special Provisions to the "Standard Specifications for Public Works Construction for North Central Texas" and shall be maintained unless there exists a conflict with the provisions of this section, in which case the provisions of the Special Conditions shall govem. SC.2 ENGINEER The word "Engineer" in these Special Conditions of the specifications shall be understood as referring to Shimek, Jacobs & Finklea, L.L.P., Consulting Engineers, 8333 Douglas AvenUe, #820, Dallas, Texas 75225, Engineer of the Owners, or such other representatives as may be authorized by said Owner to act in any particular position. SC.3 LOCATION OF PROJECT This project is located in both the northwestem portion of the City of Coppell, Texas. A map showing the location, of the project is included in the plans. SC.4 SCOPE OF WORK The work to be performed under this contract shall consist of furnishing all labor, material and equipment, and performing all work required for construction of approximately 4,137 linear feet of 12-inch PVC waterline by open cut; 33 linear feet of 12-inch PVC waterline in steel encasement pipe by boring; 190 linear feet of 12-inch waterline with concrete encasement; 40 linear feet of 12-inch waterline by boring; eight 12-inch gate valves; eight 6-inch gate valve; eight standard fire hydrants, together will all necessary appurtenances including valves and roadway replacement, as set forth in the Bid Schedule of these specifications and contract documents. SC.5 FORMS, PLANS AND SPECIFICATIONS Plans, specifications and bidding documents may be examined at the City of Coppell, and may be secured from the office of Shimek, Jacobs & Finklea, Consulting Engineers, 8333 Douglas Avenue, #820, Dallas, Texas 75225, on deposit of Fifty Dollars ($50.00) per set, which sum so deposited will be returned upon compliance with provisions of the specifications regarding the return of such documents is met. SC.6 TIME AI LOTTED FOR COMPLETION. NOTICE TO PROCEED & CONSTRUCTION SEQUENCE All items of work on the entire project shall be completed within Ninety (90) consecutive calendar days, which time shall commence on the tenth (10th) day aRer issuance of the work order. The work order shall consist of a written request by the Engineer for the Contractor to proceed with construction of the project. A calendar day is any day of the week or month, no days being excepted. The City of Coppell requires 48 hours prior notice for work on Saturdays and Sundays. SC.7 ADDENDA Bidders desiring further information or interpretation of the plans and specifications must make request for such information to the Engineer prior to forty-eight (48) hours before the bid opening. Answers to all such requests will be given in writing to all bidders in addendum form and all addenda will be bound with and made a part of the contract documents. No other explanation or interpretation will be considered official or binding. Any addenda issued prior to twenty-four (24) hours before the opening of bids will be mailed or delivered to each Contractor contemplating the submission of a proposal on this work. The proposal as submitted by the Contractor will be so constructed as to include any addenda if such are issued by the Engineer prior to twenty-four (24) hours before the opening of bids. SC.8 PERMITS AND RIGHT-OF-WAY The Owner will provide fights-of-way for the purpose of construction without cost to the Contractor by securing permits in areas of public dedication or by obtaining easements across privately owned property. It shall be the responsibility of the Contractor, prior to the initiation of construction on easements through private property, to inform the property owner of his intent to begin construction. Before beginning construction in areas of public dedication, the Contractor shall inform the agency having jurisdiction in the area forty-eight (48) hours prior to initiation of work. SC.9 PROPERTY LINES AND MONUMENTS The Contractor shall protect all property comer markers, and when any such markers or monuments are in danger of being disturbed they shall be properly referenced and if disturbed shall be reset at the expense of the Contractor. SC.10 EXISTING UTILITIES AND SERVICE LINES The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by his construction operations. Where existing service lines are cut, broken or damaged, the Contractor shall replace the sen'vice lines with the same type of original construction, or bettgr, at his own cost and expense. SC.11 PUBLIC UTILITIES AND OTHER PROPERTY TO BE CHANGED In case 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 property owner or the utility company and approved by the Engineer. The right is reserved to the property owner or to public utilities 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. SC.12 FENCES AND DRAINAGE CHANNELS Boundary fences, gates or other improvements removed to permit this construction shall be replaced in the same location and left in a condition as good as or better than that in which they were found. Where surface drainage channels are disturbed or blocked during construction, they shall be restored to their original condition of grade and cross section after the work of construction is completed. SC.13 PROJECT MAINTENANCE The Contractor shall maintain, and keep in good repair, the improvements covered by these plans and specifications during the life of his contract. SC.14 The Contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site as construction of that portion is completed. No items of work will be considered complete for payment purposes until required cleanup has been performed. 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 acceptable appearance. SC.15 COORDINATION WITH OTHERS In the event other contractors are doing work in the same area simultaneously with this project, the .~ Contractor shall coordinate his proposed construction with that of the other Contractors. SC.16 USE OF EXPLOSIVES Use of explosives will not be allowed. SC.17 BARRICADES. DETOURING LIGHTS AND WATCHMEN The Contractor shall, at his own cost and expense, furnish and erect such barricades, fences, lights and danger signals, shall provide such watchmen, and shall provide such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricading and detouring shall be in strict conformance with Part IV, Construction and Maintenance, of the Texas Manual on Uniform Traffic Control Devices for Streets and Highways, latest revision. From sunset to sunrise, the Contractor shall furnish and maintain at least one light at each barricade and sufficient numbers of barricades shall be erected to keep vehicles from being driven on or into any work under construction. The Contractor shall furnish watchmen in sufficient numbers to protect the work. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, lights and watchmen to protect it and whenever evidence is found of such damage the Contractor shall immediately remove the damaged portion and replace it at his cost and expense. The Contractor's responsibility for the maintenance of barricades, signs, and lights, and for providing watchmen shall not cease until the project has been accepted by the Owner. No roadways shall be closed overnight, Contractor shall provide a safe passable roadway. Roadways shall always be passable with at least one lane of traffic. SC.18 DISPOSAL OF WASTE AND SURPLUS EXCAVATION All excavated earth in excess of that required for backfilling shall be disposed of hi a satisfactory manner in locations approved by the Owner's representative. SC.19 LIGHTS AND POWER The Contractor shall provide, at his own expense, temporary lighting and power required for the proper prosecution of the work. SC.20 EXAMINATION OF PROJECT SITE Prospective bidders shall make a careful examination of the site of the project, soil and water conditions to be encountered, improvements to be protected, disposal sites for surplus materials not designated to be salvaged materials, and as to method of providing ingress and egress to private properties, and methods of handling traffic during construction of the entire project. SC.21 CONSTRUCTION IN PUBLIC ROADS AND PRIVATE DRIVES No public road shall be closed ovm'night. Contractor shall always keep one lane of traffic open on roadways at all times. It shall bc the responsibility of the Contractor to build and maintain all weather bypasses and detours, if necessary, and to properly light, barricade and mark all bypasses and detours that might be required on and across the roads involved in the work included hi this contract. The Contractor shall make every effort to complete construction and allow immediate access to adjacent property at driveway entrances located along the roads. Owners or tenants 'of improvements where access and/or entrance drives are located shall be notified at least twenty-four (24) hours prior to the time the construction will be started at their drive-ins or entrances and the Contractor shall provide temporary ingress to entrance drives where necessary. The Contractor shall be responsible for all road and entrance reconstruction and repairs and maintenance of same for a period of one year from the date of such reconstruction. In the event the repairs and maintenance are not made immediately to the satisfaction of the Engineer, and it becomes necessary for the State, County or City to make such repairs, the Contractor shall reimburse the State, County or City for the cost of such repairs. The Contractor shall, at all times, keep a sufficient width of the roadway clear of dirt and other materials to allow the free flow of traffic. The Contractor shall assume any and all responsibility for damage, personal or otherwise, that may be caused by the construction along roads or private drives. SC.22 CONSTRUCTION SCHEDULE AND CASH FLOW PROJECTIONS Prior to starting work, the Contractor shall submit a proposed schedule and monthly cash projections for the work included herein and shall submit any major revisions to this schedule as the project progresses. Partial payments will not be made until monthly cash flow projections are submitted. SC.23 PROTECTION OF LIVESTOCK AND PRIVATE PROPERTY SC.24 SC.25 SC.26 The Contractor will make every effort to protect livestock and all private property along the limits of construction. No excavated area shall be left open overnight without adequate fencing to restrain livestock. Fences shall be repaired and replaced immediately to prevent escape of livestock. PROTECTION OF TREES The Contractor shall make every reasonable effort to protect all trees along the project right-of-way. No tree outside of the permanent right-of-way of the project shall be removed without the approval of the Owner. Minor adjustments in alignment may be allowed to protect trees. Refer to Section 2.11 - Preservation of Trees in the City of Coppell's Supplementary Conditions to the NCTCOG Standard Specifications. CONNECTION TO EXISTING FACILITIES Unless otherwise specified or indicated, Contractor shall make all necessary connections to existing facilities including structures, drain lines, and utilities such as water, sewer, gas, telephone, and electric. In each case, Contractor shall receive permission from Owner or the owning utility prior to undertaking connections. Connections to existing facilities which are in service shall be thoroughly plarmed in advance, and all required equipment, materials and labor shall be on hand at the time of undertaking the connections. Work shall proceed continuously (around the clock) if necessary to complete connections in the minimum time. Operations of valves or other appurtenances on existing utilities, when required, shall be by or under the direct supervision of the Owner. SOIL BORINGS Soil borings are not provided on this project. It will be the Bidder's responsibility to investigate the sub- surface conditions prior to submitting a bid. SC.27 TRENCH BACKFILL Trench backfill shall not proceed without inspection of the embedment and authorization to proceed by the Inspector or Engineer. Any trench backfill placed without inspection of the embedmerit is subject to be removed at the Contractor's expense to allow for inspection of the embedment. 4-5 SC.28 MARKING UNDERGROUND UTILITIES All water and sewer lines, and services shall all be marked with plastic tape which conforms to the -, standards listed below. If utility companies mark their underground utilities in right-of-ways or easements it shall conform to the following: A. Locationoftape: · A minimum of one-feet (1 ') directly above the utility, · A maximum of two-feet (2') below the ground surface. B. Tape size and material composition: · Plastic mark tape shall be acid and alkali resistant polyethylene film, · Three inches (Y') wide, · A minimum thickness of 0.004 inch, · Tape shall have a minimum strength of 1750 psi lengthwise and 1500 psi crosswise, · The tape shall be manufactured with integral wires, foil backing or other means to enable detection by a metal detector when the tape is buried up to three feet (3') deep. The tape shall be of a type specifically manufactured for marking and locating underground utilities. · The metallic core of the tape shall be encased in a protective jacket or provided with other means to protect it from corrosion. C. Tape color shall be as specified below and shall bear a continuous printed inscription describing the specific utility. Tape Color Utility Red .............................Electric Yellow .......................Gas, oil, dangerous materials Orange .......................Telephone, telegraph, television, police, and fire communications Blue ...........................Water System Green .........................Sewer System separate pay item for marking underground utilities in accordance with the specifications. considered subsidiary to the appropriate bid items as provided in the Proposal and Bid There is no Payment is Schedule. SC.29 WAGE RATES SC.30 All employees of the Contractor on the work to be performed under this contract shall be paid the prevailing wage scale in this locality for work of a similar character, and in no event less than the rates shown in the schedule of minimum wage rates furnished in these specifications. PRE-CONSTRUCTION CONFERENCE Before the construction work begins, a meeting will be arranged by the City of Coppell wherein the Contractor and representatives of the Engineering Department will discuss procedures for the work. The Contractor will present his proposed "sequence of construction procedure" to be studied for effect on public convenience, work progress, and for review by the engineer. The Contractor will provide a visual layout of his proposed program. SC.31 WORK ON SATLrRDAY. SUNDAY AND HOLIDAYS When work must be performed on these days the contractor must request permission to work at least 48 hours in advance. The contractor shall bear the entire cost of inspecti0n (4 hour minimum) for this work with said amount to be withheld from any monies to be due or to become due to the contractor upon completion of this contract. Generally, the cost of additional inspection will be recorded and accounted for on monthly pay requests. Any additional costs associated with working on these days shall be borne by the Contractor. SC.32 MATERIAI, STORAGE Materials may be stockpiled at locations approved by the Owner. approved by the City of Coppell. All stockpiling methods must be The storage site shall be determined at the preconstmction meeting after the award of contract. Contractor shall be fully responsible for the storage site. If necessitated, Contractor shall erect a temporary fence and store materials inside of the fenced area. The Contractor shall maintain the storage area in a neat and orderly manner. If, in the opinion of the Engineer, the storage site becomes unsightly, the Contractor shall clean up the storage site within two (2) days of notification to do so. At the completion of the contract, the Contractor shall remove the temporary storage fence and all debris in the area. The Contractor shall restore the storage site to the original condition, including, if necessary, grading and turf re-establishment. SC.33 SITE The Contractor shall limit his work to the right-of-ways, easements, or construction limits shown on the Drawings. SC.34 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY The Contractor's attention is directed to the necessity of taking adequate measures to protect all existing structures, improvements and utilities which may be encountered. These may include, but are not limited to the following: · utilities: Including water mains and services, water meter boxes, oil and air lines, gas mains and services, sanitary sewers and service cormections, ~torm sewers, telephone conduits, and electric conduits. · Street and Drives: Contractor shall at all times maintain streets and drives in a condition which will provide easy ingress and egress. It shall be the responsibility of the Contractor to cooperate with the Owners of all public and private utilities to locate, prior to open'rag trench, existing underground facilities and to notify the Engineer at once of any conflicts in grades and alignment. Every effort will be made by the Engineer to control alignment and grading to avoid conflict with existing utilities, but should change in alignment and grade be necessary, such changes will be made by the Contractor at his expense and no extra payment beyond the unit prices bid will be allowed by the Owner. Where excavation endangers adjacent structures and utilities, the Contractor shall at his own expense carefully support and protect all such structures and/or utilities so that there will be no failure due to settlement, where it is necessary to move services, poles, guy and he shall cooperate with the utility owner. SC.35 8C.36 SC.37 Except as indicated on the drawings that utilities are to be moved by others, any costs of temporarily or permanently relocating utilities shall be borne by the Contractor without extra compensation from the Owner. In case damage to an existing structure or utility occurs, whether failure or settlement; the Contractor shall restore the streetore or utility to its original condition and position without compensation from the Owner. Before beginning work on this project the contractor shall submit, for approval by the Owner, a plan of construction operations outlining in detail a sequence of work to be followed, setting out the method of handling traffic. The contractor shall, plan his construction phasing in such a manner as to cause minimal interference with traffic during the construction operations. The contractor shall keep traveled surfaces clean and free of debris or other materials of construction. To facilitate shifting, barricades and signs used in lane closure or traffic staging may be erected and mounted on portable supports, the design of these being subject to the approval of the engineer. MAINTENANCE PROVISIONS FULFILLMENT Prior to the expiration of the specified maintenance period provided for in the Contract, the Owner will make a detailed inspection of the project and will advise the Contractor and his surety of the items that require correction. The Owner will make subsequent inspection and if the corrections have been properly performed, the Owner will issue a letter of release on the maintenance stipulations to the Contractor and his surety. If, for any reason, the Contractor has not made the reqtired corrections before the expiration of the maintenance period, the maintenance stipulations, as provided for in the Contract, shall remain in effect until the corrections have been properly performed and a letter of release issued. LIQUIDATED DAMAGES The Contractor agrees that time is of the essence of this contract, and that for each day of delay beyond the number of calendar days herein agreed upon for the completion of the work herein specified and contracted for (after due allowance for such extension of time as is provided for extension of time hereinabove), the Owner may withhold permanently from the Contract's total compensation as stipulated liquidated damages for such delay, the sum set forth in Item 1.36 of the General Conditions.. The sum of money thus deducted for such delay, failure of non-completion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, since it would be impracticable and extremely difficult to fix the actual damages. No plea of ignorance of conditions that exist or may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this contract, as a result of failure to make the necessary examinations and investigations, shall be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill, in every detail, all requirements of the Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. ACCESS TO PROPERTY To the fullest extent practicable, the Contractor shall conduct his operations and work in such a manner that necessary ingress and egress will be provided to the tenants of both residential and commercial property. During all construction operations bridges; or other means of crossing trenches, ditches, and other excavation shall be provided by the Contractor at his expense and all operations shall be conducted in a manner which will result in a minimum of inconvenience to tenants of property adjacent to the work. \~hjf_v~\!~ajeasXct~ealxcol~llxgS-167Nal~X~c.h-s~-4,d~¢ 4-8 SC.38 SC.39 SC.40 SC.41 SC.42 LANDSCAPE & TREE TREATIVlENTS Where trees, plants, shrubbery, etc., are adjacent to the line of the work and are not to be removed or are to be removed and replaced, the Contractor shall protect such trees, plants, shrubbery, etc., by substantial wooden boxes or guards to be installed beyond the dripline, and shall not permit machinery or employees to scrape, tear the limbs from, damage or attach guy cables to them and if, in the opinion of the Owner, such trees, plants, shrubbery, etc., would be damaged by mach'mery, etc., hand excavation may be required. The Contractor shall be responsible for all damages to adjacent trees, plants, shrubbery, etc. Existing trees, plants, shrubbery, etc., encountered on the site which are not indicated on the plans shall be considered as trees to remain and shall be protected. If these trees are in conflict with construction, the Contractor shall relocate the trees to an approved location, unless otherwise directed by the Owner, at no additional cost to the Owner. MOWING AND DEBRIS MAINTENANCE During construction and through to final acceptance, the Contractor, at his expense, shall be responsible for maintaining the existing turf areas within the work area. The Contractor shall mow this area as often as necessary to maintain the turf areas, at a 2" to 2W' maximum height. Minimum curing height for the tuff shall be l~-inches. At no time shall weeds within the maintenance limits reach a height greater than 12-inches. If, in the opinion of the Engineer, the site becomes unsightly, the Contractor shall mow the site within two (2) days after notification from Owner to do so. The Contractor at all times shall keep the construction site free from accumulation of waste materials, rubbish, debris, etc. caused by his operations. Waste materials, rubbish, debris, etc. shall be cleaned up daily and removed from the project site at least once a week. No payment will be made for this work, its cost being subsidiary to the entire project. INCIDENTAl. WORK All minor details of work which are not shown on the plans, as well as such items which are not specifically mentioned in the specifications, but are obviously necessary for the proper completion of the work, shall be considered as incidental, and as being a part of and included with the work for which prices are given in the proposal, and no extra compensation shall be allowed the contractor for the performance thereof. DUST CONTROL Sprinkling as ordered by the Owner to allay dust on this project will not be paid for directly but shall be considered subsidiary to the various bid items. TRADE NAMES AND AI .TERNATIVES For convenience in designation on the plans or in the specifications, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and it's catalogue information. The use of an alternative article or material which is of equal quality and of required characteristics for the purpose intended, will be permitted subject to the following requirements: The burden of proof as to the quality and suitability of alternatives shall be upon the contractor, and the contractor shall finnish all necessary information required by the engineer. The Owner shall be the sole judge as to the quality and suitability of alternative articles or materials, and the Owner's decision shall be final. SC.43 SC.44 SC.45 SITE DRAINAGE The Contractor shall maintain adequate site drainage at all times. Drainage runoff will be confined to the limits of the construction project and shall not be diverted over private property. Any runoff presently traversing private property shall not be increased by cause of construction. The Contractor shall provide, maintain and remove all necessary and required erosion control devices in accordance with the North Central Texas Council of Governments Standard Specifications for Public Works Construction, Item 3.12, as amended. WATERLINE MATERIAI,S The following water pipe is acceptable for this project in accordance with the assigned NCTCOG Standard Specifications, item number and AWWA Standard. · Polyvinyl Chloride (PVC) (150 psi): 6" thru 12" Internal diameter - DR-18 NCTCOG Item 2.12.20, AWWA C-900 · Copper Water Service Line (2-inches or smaller) Type K Sof~ Copper · Mueller Lineseal III, Butterfly Valve, B-32-11, Series 002 (MJ) SANITARY SEWER MATERIAI.S The following sanitary sewer pipe is acceptable for this project in accordance with the assigned NCTCOG Standard Specifications. PoLvvinyl Chloride (PVC): · SDR-35 Sanitary Sewer Pipe · ASTM F-789, Type PS-46, Plastic Gravity Flow Sewer Pipe · ASTM F-794, Ribbed Gravity Sewer Pipe SC.46 SUBMITTAI,S (SHOP DRAWINGS) The Contractor shall submit shop drawings (catalog data, assembly drawings, weight, sketches, etc.) for the following materials: · Water Pipe · Proposed "other than open cut" method and appropriate support documentation · Water Pipe Fittings · Encasement Pipe · Water Service Fittings · Fire Hydrants · Valves · HMAC Mix Design · Concrete Mix Design · Flowable Fill Mix Design · Affidavit of Compliance to AWWA for waterline related materials f~om manufacturer · Embedment Gradation · Water Stops · Rubber Gaskets All submittals shall be original copies, no fax copies will be accepted. An minimum of 4 and a maximum of 6 copies shall be submitted to the City for review. Three copies will be retained. 4-10 SC.47 SC.48 SC.49 TRENCH SAFETY SYSTEM The Contractor may utilize all area within the permanent and right-of-way to facilitate trench safety systems. No work shall extend outside of the easements. NPDES STORM WATER PERMIT In accordance with the Final NPDES General Permits for Storm Water Discharge from Construction Sites as published in the Federal Register, September 9, 1992, Contractor shall prepare and submit a Notice of Intent (EPA Form 3510-6), prepare a Storm Water Pollution Prevention Plan (SWPPP) and implement the plan during construction. The Notice of Intent (NOI) must be submitted at least 30 days prior to clearing and grubbing. The NOI should be sent to: Storm Water Notices of Intent, P. O. Box 1215, Newington, VA 22122, and one copy to the Owner. The SWPPP must be prepared prior to the submittal of the NOI. The SWPPP must be on file at the construction site and be available upon request to EPA, State or local agencies, and Owner. The Contractor shall be responsible for implementing, updating and modifying per regulatory agency requirements, inspection, and monitoring the SWPPP. The Contractor shall retain records or copies of all reports by this permit for a period of at least three (3) years from date of Final Completion. PROJECT SIGN The Contractor shall furnish and install one free standing project sign for this project at a location approved by the City. As the City Council or City staff changes, the Contraetor shall immediately, upon written direction, update the project sign at no additional compensation. The Contractor shall maintain the project signs through the entire project time. The project sign shall be of the dimensions, material and character as shown on the project sign detail at the end of these Special Conditions. No direct payment shall be made for the project sign, but its cost shall be subsidiary to other items in the Bid Schedule. \~sjf~jf_vo12~t~jects'~le~d~x~ell~g-167~.es~t~ch.~p~-4.dc~4-11 CITY OF COPPELL, TEXAS SPECIAL PROVISIONS TO TFIY, NORTH CENTRAL TEXAS STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION CONSTRUCTION METHODS PART HI: CONSTRUCTION MF, TltODS The North Central Texas Standard Specifications shall be modified and clarified by the addition of the following requirements to the various items. Except when specifically stated, none of the requirements of Part III - CONSTRUCTION METHODS shall be deleted. PART IH: DMSION 3 - SITE PREPARATION ITEM 3.3.3 CONSTRUCTION METHODS Add to the second paragraph the following: Unless otherwise approved in writing by the City of Coppell, where excavation to grade established in the field by the Owner terminates in loose or solid rock, the Contractor shall excavate 6 inches below the required subgrade elevations for the entire roadbed width and shall backfill with suitable selected materials as indicated on the plans. Suitable selected material shall include lime treated subgrade or a base material having a plasticity index not greater than 12. Payment for such work will be made under the items of unclassified street excavation, lime treated subgrade and hydrated lime. The 6-inch lime treated subgrade or base shall be compacted to 95% ~¢nsi_ty. ITEM 3.5.3 CONSTRUCTION METHODS Add the following paragraph: Excavated material from the channel which is used as embankment to complete the established alignment, grade and cross-section of the channel shall be compacted to 95% density. ITEM 3.7.3 DENSITY Add: Embankment in the City of Coppell shall be compacted to not less than 95% of the maximum density. ITEM 3.8.2 CONSTRUCTION METHODS Add the following: A minimum of six (6) inches of topsoil shall be provided on all major thoroughfare medians and rights-of-way and on all earthen channel slopes. ITEM 3.10.1 DESCRIPTION Add the following: The Contractor shall maintain the seeded areas including watering until a "Stand of Grass" is obtained. A "Stand of Grass" shall consist of 75% to 80% coverage, a minimum of one (1) inch in height. Re- seeding will be required in washed areas. ITEM 3.10.2 PLANTING SEASON Delete the mixture, rate, and planting dates and substitute: Type I: Bermuda Grass -Hnlled 50 lbs/acre April - June Type II: Annual Rye Grass 40 lbs/acre September - March Type III Bermuda Grass - Unhulled January ~ March/July - August - 50 lbs/acre ITEM 3.10.3 CONSTRUCTION METHODS Revise after the first paragraph as follows: (a) All seeding operations shall be performed by either "Drilling" or "Cultipacker" process or approved equivalent. Seed shall be covered by + 1/4" Topsoil. ITEM 3.10.6 or 3.10.7 ASPHAI.T MULCH SEEDING Slope and drainage channel seeding shall be in conformance with Item 3.10.6 or 3.10.7. Seeding mixture and rate shall be as required in Item 3.10.2. ITEM 3.12.4 CONSTRUCTION REQUIREMENTS Delete the last sentence of the third paragraph in its entirety: "The amount of ............... in writing." PART HI: DMSION 4 - SUBBASES AND BASE COURSES ITEM 4.6.4 CONSTRUCTION METHODS (a) General (1) Treatment for Materials in Place Add the following: Prior to fmal compaction of subgrade, samples of the subgrade material shall be collected by a testing laboratory approved by the City, and laboratory tests made to determine the amount of lime required. The application rate for hydrated lime shall be selected to obtain at least the optimum lime percentage indicated by test method ASTM C977-83a, Appendix XI; however, not less than 27 lbs. per S.Y. shall be applied. A Geotechnical Engineer's report reflecting the recommended application rate and including supporting test data shall be submitted in writing to the CITY, for approval prior to beginning any lim9 treatment. Laboratory test may be waived provided a minimum of 36 lbs. per S.Y. is applied. ITEM 4.6.5 FINISHING, CURING AND PREPARATION FOR SURFACING Add the following: The lime treated subgrade shall be moist cured until covered by other base or pavement up to fourteen (14) days after final compaction. After 14 days without covering an application of 0.10 to 0.20 gallons per square yard emulsified asphalt shall be applied at the Contractor's expense. Reapplication of emulsified asphalt may be required if lime treated subgrade is not covered shortly after first application. Lime treated subgrade may be covered by other base or pavement when density of 95% of maximum at optimum moisture content is obtained. ITEM 4.7.1 DESCRIPTION Add the following: Portland cement modification of subgrade soils is not approved in Coppell. Subgrade soils means natural ground or embankment encountered in the construction. PART III: DIVISION 5 - PAVEMlg. NT AND SURFACE COURSES ITEM 5.8.2 CONSTRUCTION IVlETHODS (f) Mixing (3) Central Mixing Plant Add the following: When a fly ash admixture is used with Type I cement in the production of portland cement concrete, separate silos shall be provided for fly ash and cement and provisions shall be made for individual measurements. ITEM 5.8.2(0 Add: (5) Continuous Volumetric Mix Concrete [See Item 7.4.61 (h) FjaaBI Delete (h) and add the following: The finished concrete pavement construction under these specifications is expected to meet certain quality standards for surface of the concrete including the durability, texttire, riding surface and appearance. The surface must be durable, finn, dense and well bonded to the aggregate to maintain an appearance and texture which is satisfactory to the Owner. Concrete pavement having a poor surface which has spalled (exposed aggregate) due to poor quality paste, high water-cement ratio, over-vibration, improper curing, extreme weather or any other reason, or does not have a safisfaetory riding surface shall be removed and replaced at the Contmctor's expense. It is extremekv inlportant that the pavement have a good fideable surface. free from undulations and rough joints. The City Erlgineer shall determine the acceptability of the pavement. (1) Machine Finishing Machine finishing of pavement shall include the use of power-driven spreaders, reciprocating type power-driven vibrators, power-driven transverse strike-off, and sereed. The concrete pavement shah be consolidated by a reciprocating type mechanical vibrator. As soon as the concrete has been spread between the forms, the mechanical vibrator shall be operated to consolidate the concrete and remove all voids. Hand manipulated vibrators shall be used for areas not covered by the mechanical vibratory unit. The transverse finishing machine shall first be operated to compact and finish the pavement to the required section and grade, without surface voids. The machine shall be operated over each area, as many times and at such intervals as directed. At least two trips will be required and the last trip over a giqCn area shall be a continuous run of not less than 40 feet. After completi'on of finishing with the hansverse finishing machine a transverse drag float may be used. After the floating has been completed and the excess water removed, but while the concrete is still plastic, the surface of the concrete shall be tested for treehess with an approved 10-foot steel straightedge furnished by the Contractor. The straightedge shall be operated fi~om the side of the pavement, placed parallel to the pavement centerline and passed across the slab to reveal any high sports or depressions. The straightedge shall be advanced along the pavement in successive stages of not more than one-half its length. Practically perfect contact of the straightedge with surface will be required, and the pavement shall be leveled to this condition, in order to insure conformity with the surface test required below after the pavement has fully hardened and to insure a smooth rideable surface. Any correction of the surface required shall be accomplished by adding concrete if required and by operat'mg the longitud'mal float over the area. The surface test with the straightedge shall then be repeated. After completion of the straightedge testing and surface correction the surface of the pavement shall be finished by an approved method. Methods available for pavement surface finish including a burlap drag finish, a broom fmish or a belt finish. Unless other, vise shown on the plans, the pavement surface shall be finished with the burlap drag. a. Burlap Drag Finish If the surface texture is to be a drag finish, a drag shall be used; it shall consist of a seamless strip of damp burlap or cotton fabric, and it shall produce a uniform surface of gritty texture after dragging it longitudinally along the full width of pavement. For pavement 16 feet or more hi width, the drag shall be mounted on a bridge which travels on the forms. The diameter of the drag shall be such that a strip of burlap or fabric at least 3 feet wide is in contact with the full width of pavement surface while the drag is used. The drag shall consist of not less than two layers of burlap with the bottom layer approximately 6 inches wider than the upper layer. The drag shall be maintained in such a condition that the resultant surface is of uniform appearance and reasonably free from gravels over 1/16-inch in depth. Drags shall be maintained clean and free from enerusted mortar. Drags that cannot be cleaned shall be discarded and new drags substituted. b. Broom Finish If the surface texture is to be broom finished, it shall be applied when the water sheen has practically disappeared. The broom shall be drawn from the center to the edge of the pavement with adjacent strokes slightly oreflapping. The broom operation shall be so executed that the corrugation produced in the surface shall be uniform in appearance and not more than 1/16-inch in depth. Brooming shall be completed before the concrete is in such condition that the surface will be tom or unduly roughened by the operation. The surface thus finished shall be flee from rough and porous areas, irregularities, and depressions resulting from improper handling of the broom. Brooms shall be of the quality, size, and construction and shall be operated to produce a surface finish meeting the approval of the Owner. Subject to the approval of the Owner, the Contractor may be permitted to substitute mechanical brooming in lieu of the manual broomLug as herein described. If the surface texture is to bc belt finish, when straightedging is completed and after sheen has practically disappeared and just before the concrete becomes non-plastic, the surface shall be belted with a 2-ply canvas belt not less than 8 hichcs wide and at least 3 feet longer than the pavement width. Hand belts shall have suitable handles to permit controlled, uniform manipulation. The belt shall be operated with short strokes transverse to the centerline and with a rapid advance parallel to the cente~ine. (2) Hand Finishing Hand finishing of concrete pavement will be permitted in areas where it is not practical or possible to construct with finish'rag machines. These areas include, but are not limited to, intersections, left turn lanes, crossovers, transition areas and where the pavement width is not uniform. In all hand finished areas, one (1) extra sack of cement per cubic yard of concrete shall be used in the m'Lx. In hand finished areas, the concrete shall be shuck off with an approved strike-off sereed to such elevation that when consolidated and finished the surface of the pavement shall conform to the required section and grade. The strike template shall be moved forward with a combined transverse and longitud'mal motion in the direction the work is progressing, maintaining a slight excess of material in front of the cutting edge. The concrete shall then be tamped with an approved tamping template to compact the concrete thoroughly and eliminate surface voids and the surface sereeded to required section. After completion of a sttike-off, consolidation and transverse sereeding, a hand-operated longitudinal float shall be operated to test and level the surface to the required grade. Workmen shall operate the float from approved bridges riding on the forms and spanning the pavement. The longitucYmal float shall be held in contact with the surface and parallel to the centerline and operated with short longitudinal strokes while being passed from one side of the pavement to the other. If contact with the pavement is not made at all points, additional concrete shali be placed, if required, and serecried, and the float shall be used to produce a satisfactory surface. Care shall be exercised to keep the ends of the float from digging into the surface of the pavement. After a section has been smoothed so that the float maintains contact with the surface at all points in being passed form one side to the other, the bridges may be moved forward half the length of the float and the operation repeated. Other operations and surfaces tests shall be as required for machine finishing. (3) Edging at Forms and Joints After the final finish, but before the concrete has taken its initial set, the edges of the pavement along each side of each slab, and on each side of transverse expansion joints, formed joints, transverse construction joints, and emergency construction joints shall be worked with an approved tool and rounded to the radius required by the plans. A well-defined and continuous radius shall be produced and a smooth, dense mortar finish obtained. The surface of the slab shall not be unduly disturbed by tilting of the tool during use. At all joints, any tool marks appearing on the slap adjacent to the joints shall be eliminated by brooming the surface. In doing this, the rounding of the edge shall not be disturbed. All concrete on top of the joint filler shall be completely removed. All joint shall be tested with a straightedge before the concrete has set, and correction shall be made if one side of the joint is higher than the other or if they are higher or lower than the adjacent slabs. ITEM 5.8.6 PAVEMENT TESTING (b) Pavement Thickness Test Delete in its entirety and substitute therefore the following: Upon completion of the work and before final acceptance and final payment shall be made, pavement thickness tests shall be made by the Contractor. Tests shall be made at 400-foot spacings along the length of the pavement. In the event a deficiency in the thickness of pavement is revealed, two (2) subsequent sets necessary to isolate the deficiency shah be made - one at a jointed section prior to the deficient station and one at a jointed section following the deficient station. Additional tests shall be obtained as necessary, at jointed section intervals to isolate the deficient area. Removal and replacement of concrete shall extend to joint boundaries, the full width of pavement section. If the average thickness of pavement in a x'~.~f_.~2~.t~,~pp~i,ss.us~p~xt~.~p~:,.q.,~ 4-16 particular section is less than called for on the plans, the pavement section shall be removed and replaced with the correct thickness, extending to joint boundaries, the full width of the pavement section, at the Contractor's end, re expense. No additional payment over the contract unit price shall be made for any pavement of a thickness exceeding that required on the plans. (c) Pavement Strength Test Revise the first paragraph to read: During the progress of the work, the Inspector or a commercial laboratory shall cast test cylinders or beams to maintain a check on the s~rengths of the concrete being placed. Add the following sentence and table: A table rifled "PAVEMENT STRENGTH REQUIREMENTS", is provided showing the required pavement thickness, 7-day strength, 28-day strength, minimum cement factor and maximum slump for each street type to be constructed in Coppell. Requirements for high strength pavement and less thickness is also shown if required by the City. Add to the 5th paragraph: Test cores shall be obtained withhi five (5) working days after the 28-day test results have been provided by the commercial laboratory. All test cores shall be obtained by a commercial laboratory, at the Contractors expense. One (1) core shall be obtained in the immediate area of the deficiency and two (2) additional cores shall be obtained - one at a jointed section prior to the deficient station and one at a jointed section following the deficient station. Additional cores shall be obtained as necessary, at jointed section intervals to isolate the deficient area. Removal and replacement of concrete shall extend to joint boundaries, the full width of pavement section. Amend the last paragraph on Page 293 to read "Pavement not meeting the minimum specified 28-day strength after cores have been tested shall be removed and replaced at the Contractor's expense." Delete the table and the paragraph below it at the top of Page 294. ITEM 5.8.8 INTERI .OCKING CONCRETE PAVING STONE (1) Description Interlocking Concrete Paving Stone shall be installed in accordance with the Standard Details and at locations shown on the plans. See Item 2.3.7 of these Special Provisions. PAVEMENT STRENGIti REQLqREMENTS I Type A & H and 2-36" 8" 3650 5,000 6.5 3" Highway Use 2 Type C, 6 Lane 2-33" 8" 3650 5,000 6.5 Y' Thoroughfare other thanA&B (i.e. Park and Parker) 3 Type D & E (Retail 36' to 2-24' 7" 2200 3,000 53 Y' 6" thru Industrial including Zoned) 44' and 48' 4 Type F Thoroughfare 36' 6" 2200 3,000 5.0 3" 5" and Neighborhood Sen4ce or Office Zoned Streets 5 Type G or H 24' to 26' 6" 2200 3,000 5.0 3" 5" Residential Streets 500 650 5.5 Y' Compr. Sh'ength 6.0 7-Day 28-Day 2,600 3,600 11 2,600 3,600 5.5 NOTE: Flexural stzength based on ASTM C 78-64 test (third point loading). Stxcet widths are face to face of curbs. (2) Reinforced Concrete Base Shall be constructed of 3,000 psi concrete meeting the requirements of Item 5.8 NCT- COb Standard Specifications. 3/8" reinforcing bars shall be placed 24 inches on center, both ways, in all concrete. (3) Construction Remove existing concrete median pavement, if required, excavate as shown on Standard Details, use sand to level grade and construct reinforced concrete base, place bedding course of sand to level, and install paving stone units with joints of approximately 3 mm (1/8"). Where required, cut paving stone with an approved cutter to fit accurately, neatly, and without damaged edges. Tamp pavars with mechanical vibrator until entirely level, hue to grade and free of movement. Fill voids by sweeping in clean fine sand. (4) Measurement and Payment Interlocking Concrete Paving Stone shall be measured and paid for by the square foot of stone, sand and concrete base furnished and installed, which price shall include all labor, including excavation, materials, equipment, tools and incidentals necessary to complete the work. No separate payment shall be made for 4" concrete base or washed sand. Payment for removal and disposal of existing concrete median pavement, if required, shall be made by the square foot. PART BE[: DMSION 6 - UNDERGROUND CONDUIT CONSTRUCTION ITEM 6.1.10 GRADES (Add the Following) Construction stakes furnished by the Owner shall be limited to establishment of benchmarks and centerline or baseline survey at one hundred feet intervals. ITEM 6.2.8 EXCAVATION (Add the Following) (a) General Prior to start of excavation the Contractor shall remove and stockpile the Topsoil and protect the Topsoil firore contamination during construction. After the trench has been refilled, topsoil shall be replaced to the extent that rock, excavated from the trench, will be completely covered and the area is returned to its original condition, except that in cultivated areas a minimum of 12 inches of top soil shall be replaced. ITEM 6.2.8 (e)(4) Delete this section in its entirety and add the following: EXCAVATION SAFETY SYSTEMS (1) ~eneral Excavation safety systems shall be provided by the Contractor as provided in Subpart P - Excavation, Trenching and Shoring, Part 1926 of the Code of Federal Regulations which describes safety and health regulations as administered by the U.S. Depa, h,,ent of Labor Occupational Safety and Health Administration (O.S.H.A.). The standards specified by the O.S.H.A. Regulations shall be the minimum allowed on this project. It shall be the responsibility of the Contractor to provide a design and install adequate safety systems for all applicable excavation on this project. (2) Core Borings .~ Any core borings and soil data furnished by the Owner, are for the convenience of the Contractor. The Contractor shall be responsible for any additional soil or geotechnical information required. The Contractor shall be responsible for properly designed excavation safety systems to be utilized for any type of subsurface condition found on this project. The furnishing of soil information by the Owner in no way relieves the Contractor of this obligation. If no core borings or soil data are furnished by the Owner, it shall be the Contractor's responsibility to obtain whatever geotechnical information required for preparation of the excavation safety systems. (3) Inspections In addition to the inspections of the excavation and excavation safety systems required of the Contractor by the O.S.H.A. Regulations, the City may further inspect the work. The City shall have the right to reject any safety systems which it finds to be inadequate, and the Contractor shall immediately improve the system to comply with this specification. (4) Details The standard detail plans for Sheeting, Trench Shield, and Trench Jacks as shown in the O.S.H.A. Regulations previously referenced are included as part of this specification, as well as TABLE P-l, APPROXIMATE ANGLE OF REPOSE FOR SLOPING OF SIDES OF EXCAVATIONS, and TABLE P-2, TRENCH SHORJlqG-MINIMUM REQUIREMENTS. The design of the members shown in Table P-2 is the minimum acceptable on this project. (5) Measurement and Payment Measurement and Payment of Excavation Safety System installed shall be based on the unit cost per linear foot as provided in the Proposal and Bid Schedule for Furnishing and Installing Excavation Safety Systems. The payment shall be full compensation for all plann'mg, materials, equipment, fabrications, installation, recovery and all incidental work required. All excavation and backfill in addition to that specified elsewhere in these specifications shall be considered subsidiary to this bid item. ITEM 6.2.9 BACKFILL Gakdd the Following) 03)(1) Densities (Add the following to the first paragraph) "Flooding or jetting will not be permitted by the City of Coppell in Areas Subjected to or Influenced by Vehicular Traffic. Co)(2) Densities (Add the following to this section) "Flooding or jetting will be patted by the City of Coppell in Area Not Subjected to or Influenced by Vehicular Traffic." (b)(5) Compaction Methods: Flood'rag or jetting will be permitted by the City of Coppell in all Areas Not Subjected to or Influenced by Vehicular Traffic. The jetting shall be accomplished by pumping water through a pipe that is slowly inserted vertically into the trench backfill. The trench shall then be flooded in puddles until no more appreciable absorption of water into the baclcfill occurs. Jetting of trench backfill shall be limited to two (2) feet of cover. Where the depth of cover over the pipe is two (2) feet or greater, separate jetting operations shall be accomplished for each two foot interval. The jetting shall be continued until full settlement has been reached. (c) Embedment: Rock Cuttings or Sand will not be permitted in the pipe bedding for sanitary sewer or water lines in the City of Coppell. (c)(18) Class "H" Embedment: The embedment consists of a completely encased pipe with Standard Crashed Stone, Grade 4. Class "H" Embedment shall be used on the P.V.C. Sanitary Sewer Pipe installed within the City of Coppell. After the trench has been cut to a depth below the barrel of the pipe a distance of 1/8 Bc (3 inches rninimum and 6 inches maximum), the bedding layer shall be brought to a point slightly above grade with compacted crushed stone. Bell holes shall be formed and the pipe laid and joined as specified. The stone shall be brought up in uniform layers of six inches to a point six inches over the top of the pipe when compacted. On PVC Pipe 18 inches through 27 inches in diameter the crashed stone shall be brought up in uniform layers to a point nine inches over the top of the pipe when compacted. ITEM 6.2.10 TRENCH BACKFILL (Add the Following) (a) Excavated Material: The material used in the backfill shall be pulverized to the extent necessary to produce a free flowing material free of clay balls larger than 6-inch diameter. ITEM 6.7.2 (i)(A) CAST IN PLACE CONCRETE MANHOLES (Add the Following) (a) Forms: Manholes shall be constructed in place in accordance with the details shown in the plans and using forms as market by Improved Construction Methods, Inc., Jacksonville, Arkansas or Symons Corp., DePlaines, Illinois, or an approved equal. (b) Base: The base shall be cast monolithically with the rest of the manhole. The invert and flow channel shall be formed during or immediately after the placing of the concrete and trowel- finished as soon as the concrete has set sufficiently. The concrete must set for 24 hours before any pipe inside the manhole is trimmed. Concrete shall be minimum 4000 psi. The base concrete shall be 4000 psi, maximum slump 4 inches vibrated or tamped on undisturbed bearing. The base shall have a minimum diameter or width of at least 1'-0" greater than the outside diameter of the manhole, and a minimum thickness including the area under the pipe as follows: 0' to 12' manhole ...................................12" 12" to 20' manhole ................................15" 20' and above ........................................18" (c) Invert: All invert channels shall be smooth and accurately shaped to a semi- cimular bottom conforming to the inside of the adjacent sewer section. Inverts shall be formed directly in the concrete of the manhole base or may be constructed by laying full section sewer pipe through the manhole and breaking out the top half after the base is constructed. Inverts shall extend up at least half of the diameter of the pipe. Changes in the direction of the sewer and entering branches shall have a true curve of as large a radius as the size of the manhole will permit. Where the pipe is laid through the manhole, the invert shall be finished to 1/4-inch below the center of the pipe. The pipe shall be trimmed down to 1/4-inch below the surface of the invert, and the edges of the pipe along the invert and at the walls of the manhole shall be plastered and brush- finished. Plaster shall be 2-parts of masonry sand to 1-part of Portland cement, or an approved non-shrink grout. Delete 5th paragraph of (c) Tests and Television Inspection Coottom of Page 329) which reads "Tunneled, bored or jacked sections of pipe shall be tested by exfiltration only." X~jtXsjf. y~12%pcoj~t~XcleficalXco~pdl~g-I6~qgcsMcch.sp~-I.de¢- 4-20 (d) Manhole Barrel Section: The vertical forms, wall spaces, and placing cone must be carefully positinned and firmly clamped in place before any placement is made, The wail spacers must be loc.a. ted 90 degrees from each other. The marLhole shall be cast of 4000 psi concrete witha maximum slump of 4 inches. The furst placement shall consist of approximately 1/2 yard of concrete evenly around the walls and vibrated until there is a minimum slump of 60 degrees from the bottom of the forms to the bearing surface both inside and outside of the manhole. When this is complete and before additional concrete is added, the concrete must be carefully vibrated on each side of each pipe. Additional concrete must be deposited in evenly distributed layers of about 18 inches with each layer vibrated to bond it to the preceding layer. The wall spacers must be raised as the placements are made with the area from which the spacer is withdrawn being carefully vibrated. Excessive vibration is to be avoided. A maximum of 2% calcium chloride may be added to the concrete, at the Contractor's option, to speed the set. The forms may be removed as soon as the concrete has sufficiently set (approximately 2 hours after placement depending on field conditions). Form marks and offsets up to l~inch will be permitted on the outside surface of the manhole. Form marks and offsets up to 1/2-inch will be permitted inside the manhole. All offsets on the inside surface of the manhole will be smoothed and plastered so there is no projection or irregulaxity capable of scratching a worker or catching and holding water or solid materials. Honeycomb will be plastered with a mortar consisting of 3 parts of masonry sand and 1-part Portland cement upon removal of the forms, but not until after being inspected for structural integrity by the Owner or his authorized Representative. Manholes deemed to be structurally unsound shall be replaced. (e) Backfilling: Will be performed evenly and carefully around the manhole 24 hours or more after the placement of concrete is completed and shall conform to these specifications. (f) Cold Joints: Should circumstances make a cold joint necessary, a formed groove or reinforcing dowels will be required in the top of the first placement for shear protection. Immediately before the second placement is made, the surface of the cold joint shall be thoroughly cleaned and wetted with a 1-1/2 inch layer of mortar (2 parts sand and 1-part cement) being deposited on the surface. Cold joints below the natural water table or in the bottom 4 feet of the manhole shall include an epproved waterstop material. Waterstops shall be heavy duty polyvinyl conforming to Corps of Engineers Specification CRD-572, latest edition, as manufactured by Servicised Products Division of W.R. Grace and Co.; B.F. Goodrich Company; Electrovert, Inc.; W.R. Meadows, Inc.; or approved equal. ITEM 6.7.2(0 AIR TESTING Completely replace subsection 6.7.2(0, Air Testing with the following text: (f) Low Pressure Air Testing (1) General: The Contractor shall furnish adequate personnel and equipment required to perform the tests. This test covers procedures for testing sewer pipe lines, when using the low pressure air test method to demonstrate the integrity of the installed pipeline and the construction procedures. This test is used for testing 4-inch to 33-inch circular sewer pipelines utilizing gasketed joints. Mains 36-inch and larger may be tested by the individual joint method. (2) History.: The low pressure air test was developed to enable detection of damaged pipe or improper joinling and is a test which determines the rate at which air under pressure escapes from an isolated section of sewer. The rate of air loss is intended to indicate the presence of absence of pipe damage and whether or not the joints have been properly constructed. The test is not intended to indicate water leakage limits and cannot be used as a measure of infiltration or exfiltration leakage under service conditions. (3) Testing Methods: The two most common air test methods used are the "Constant Pressure Method" and the "Time Pressure Drop Method." The Contractor may utilize either of these me..,thods of low pressure air testing. (a) Preparation Of The Sewer Line To Be Tested: The section of sewer line to be tested shall be flushed and cleaned prior to conducting the low pressure air test. This serves to clean out the debris, wet the pipe, and produces the most consistent results. (b) Test Procedures: (1) Isolate the section of sewer line to be tested by means of inflatable stoppers or other suitable tests plugs. The ends of all branches, laterals, tees, wyes and stubs to be included in the test should be plugged to prevent air leakage. All plugs should be securely braced to prevent possible blow-out due to the internal air pressure. One of the plugs should have an inlet tap, or other provision for connecting a hose to a portable air control source. (2) Connect the air hose to the inlet tap and a portable air control source. The air equipment should consist of necessary valves and pressure gages to control the rate at which air flows into the test section and to enable monitoring of the air pressure within the test section. Also, the testing apparatus should be equipped with a pressure relief device to prevent the possibility of loading the test section with a full capacity of the compressor. (3) Add air slowly to the test section until the pressure inside the pipe is raised to 4.0 psig. (4) After a pressure of 4.0 psig is obtained, regulate the air supply so that the pressure is maintained between 3.5 and 4.0 psig for a period of two minutes. This allows the air temperature to stabilize in equilibrium with the temperature of the pipe walls. The pressure will normally drop slightly until equilibrium is obtained. During this period all assessable plugs should be checked with soap solution to detect any plug leakage. (5) Determine the rate of air loss by either the constant pressure method or the time pressure drop method. For the constant pressure method, air is supplied to the pipe test section at a rate sufficient to maintain a gage pressure of 3.0 psi. The rate of air flow in cubic feet per minute is read directly by means of a rotometer. The rate of air flow must be corrected for pressure and temperature under standard conditions. (6) Upon completion of the test, the bleeder valve is opened and all air is allowed to escape. Plugs should not be removed until all air pressure in the test section has been released. Also no one should be allowed in the trench or manhole while the test is being conducted. (c) Constant Pressure Method: (1) Air is supplied to the pipe test section at a rate sufficient to maintain a gage pressure of 3.0 psi. The rate of air flow in cubic feet per minute is read directly by the means of a rotometer. The rate of air flow shall be corrected for pressure and temperature under standard conditions. (2) The requirements for air loss under the "Constant Pressure" method shall be considered satisfied if the air loss does not exceed a rate of 0.003 cfm per square foot of internal pipe surface area with a total rate of air loss not greater than 2.0 cubic feet per minute, based on a wetted pipe. (d) Time Pressure Drop Method: (1) Air is slowly introduced into the section of pipe to be tested, until the air pressure is raised to approximately 4.0 psig. The air shall be allowed to stabilize for a period of two minutes. The air supply is disconnected and the test pressure allowed to decrease to 3.5 psig. The time required for the test pressure to drop from 3.5 psig to 2.5 psig is determined, and this time interval is then compared to the required time to determine if the rate of air loss is within the allowable. (2) Minimum holding times required per pipe diameter are shown in the table "Duration Requirements for Air Testing." (Note: Test times are independent of the line length once the minimum holding time has been reached.) (4) Individual joint Test Method: All concrete sewer mains 36-inch and larger in diameter shall be 100% air tested at each joint connection only. The method of testing shall be described in Item 6.7.2(f). The time allowed for the pressure drop from 3.5 psi to 2.5 psi shall be 10 seconds. No joint shall be air tested until the pipe has been backfilled. Air testing shall be performed as pipe installation progresses. At no time shall pipe installation exceed 100 feet from the last joint tested. If the joint fails to pass the joint air test, necessary repairs as recommended by the pipe manufacture may be made if approved by the Owner and the joint retested. Failure to pass the air test after repairs have been made may be cause of rejection. TABLE - DURATION REQUIREMENTS FOR AIR TESTING SPECIFICATION TIME REQUIRED FOR LOSS OF PRESSURE FROM 3.5 PSIG TO 2.5 PSIG FOR SIZE AND LENGTH OF PIPE INDICATED FOR Q = 0.0015 Pipe Length of Dis- Minimum Minimum Specifications Time for Length (L) Shown (min:sec) meter Time Time (In) (Min) (Ft.) 100' 150' 200' 250' 300' 350' 400' 450' 4 3:47 597 3:47 3:47 6 5:40 398 5:40 5:40 5:42 6:25 8 7:34 299 7:34 7:34 7:36 8:52 10:08 11:24 10 9:27 239 9:27 9:27 9:54 11:53 13:51 15:50 17:49 12 11:20 199 11:20 11:20 11:24 14:15 17:06 19:57 22:48 25:39 15 14:10 160 14:10 14:10 17:49 22:16 26:43 31:10 35:37 40:04 18 17:00 133 17:00 19:14 25:39 32:04 38:28 44:53 51:18 57:42 21 19:50 114 19:50 26:11 34:55 43:38 52:22 61:05 69:49 78:32 24 22:40 100 22:40 34:12 45:36 56:59 68:23 79:47 91:11 102:35 27 25:30 89 28:51 43:17 57:42 72:08 86:33 100:59 115:24 129:49 30 28:20 80 35:37 53:26 71:14 89:03 106:51 124:40 142:28 160:16 33 31:10 73 43:06 64:39 86:12 107:45 129:17 150:05 172:23 193:56 * This table is based on T = 0.0850 DI{JQ where T ~: time, seconds K ~ 0.000419 DL, but not less than 1.0 Q = rate ofloss,.0015cu. ft/min/sq. ft. internal surface D = pipe diameter, in. L -- length of pipe being tested, ft. ITEM 6.7.3 WATER CONDUIT INSTAI .LATION (c) Laying Water Conduit: Delete Paragraph No. 3 in its entirety and substitute therefore the following: Valves for installation in the City's distribution system shall be installed by direct burial as shown on the standard detail sheets and shall be provided with valve boxes for operation of the valve. (f) Itydrostatic Test: All hydrostatic tests shall be maintained over a period of not less than four hours. "Before being accepted, all ductile iron, C-900 PVC or concrete cylinder water mains shall be tested with a hydraulic test pressure of not less than four hours. Concrete pressure pipe shall be tested with a hydraulic test pressure of 120 percent of the design pressure. Steel pressure pipe shall be tested with a hydraulic test pressure not to exceed 150 percent and not less than 120 percent of the designed working pressure. The rate of leakage of all pipe tested shall not exceed the amounts shown in the tables titled "Hydrostatic Test-C- 900 PVC, Steel or Ductile Iron Water Mains" or "Hydrostatic Test-Concrete Cylinder Water Mains". Water lines of material in combination shall be tested for the type of pipe (material) with the least stringent hydraulic test pressure and maintained over a period of not less than four hours." HYDROSTATIC TEST C-900 PVC. STEEL OR DUCTH,E-IRON WATER MAINS GALLONS ALLOWED L.F. Pipe Diameter PWE 4" [ 6" 8" 10" 12" 14" I 16" 18" 20" 5 0.016 0.024 0.032 0.039 0.047 0.055 0.063 0.071 0.079 10 0.032 0.047 0.063 0.079 0.095 0.110 0.126 0.142 0.158 20 0.063 0.095 0.126 0.158 0.189 0.221 0.253 0.284 0.316 30 0.095 0.142 0.189 0.237 0.284 0.331 0.379 0.426 0.473 40 0.126 0.189 0.253 0.316 0.379 0.442 0.505 0.568 0.631 50 0.158 0.239 0.316 0.395 0.473 0.552 0.631 0.710 0.789 60 0.189 0.284 0.379 0.473 0.568 0.663 0.758 0.852 0.947 70 0.221 0,331 0.442 0.552 0.663 0.773 0.884 0.994 1.105 80 0.253 0,379 0.505 0.631 0.756 0.884 1.010 1.136 1.263 90 0.284 0.426 0.568 0.710 0.852 0.994 1.136 1.278 1.420 100 0.316 0.473 0.631 0.789 0.947 1.105 1.263 1.420 1.578 200 0.631 0.947 1.263 1.578 1.894 2.210 2.525 2.841 3.157 300 0.947 1.420 1.894 2.367 2.841 3.314 3.788 4.261 4.735 400 1.263 1.894 2.525 3.157 3.788 4.419 5.051 5.682 6.313 500 1.578 2.367 3.157 3.946 4.735 5.524 6.313 7.102 7.891 600 1.894 2.841 3.788 4.735 5.682 6.629 7.576 8.523 9.470 700 2.210 3.314 4.419 5.524 6.629 7.734 8.838 9.943 11.048 800 2.525 3.788 5.051 6.313 7.576 8.838 10.101 11.364 12.626 900 2.841 4.261 5.682 7.102 8.523 9.943 11.364 12.784 14.205 1000 3.157 4.735 6.313 7.891 9.470 11.048 12.626 14.205 15.783 Maximum allowable water loss in 4 hours at 180 pounds per square inch of pressure for a rate of 25 gallons per inch diameter of pipe per mile over a 24-hour period Maximum Loss = 25 Gal. EQUATION THE ABOVE CHART IS BASED ON: x Diameter of Pipe in Inches x L.F. of Pipe x 4 5280 24 HYDROSTATIC TEST CONCI~ETE CYLINDER WATER MAINS GALLONS ALLOWED L.F. Pipe Diameter PIPE 4" 6" 8" 10" 12" 14" 16" 18" 20" 5 0.031 0.047 0,063 0.078 0.095 0.110 0.126 0.142 0.158 10 0.063 0.095 0.126 0.158 0.189 0.221 0.253 0.284 0.315 20 0.126 0.189 0.253 0.316 0.379 0.442 0.505 0.568 0.631 30 0.188 0.284 0.379 0.473 0.568 0.663 0.758 0.852 0.947 40 0.253 0.379 0.505 0.631 0.758 0.884 1.010 1.136 1.263 50 0.316 0.473 0.631 0.789 0.947 1.105 1.263 1.420 1.578 60 0.379 0.568 0.758 0.947 1.136 1.326 1.515 1.704 1.894 70 0.442 0.663 0.884 1.105 1.326 1.547 1.768 1.989 2.210 80 0.505 0.758 1.010 1.263 1.515 1.768 2.020 2.273 2.525 90 0.568 0.852 1.136 1.420 1.704 1.989 2.273 2.557 2.841 100 0.631 0.947 1.263 1,578 1.894 2.209 2.525 2.841 3.156 200 1.263 1.894 2.525 3.156 3.788 4.419 5,050 5.682 6.313 300 1,894 2.841 3,788 4.735 5.682 6.628 7.575 8.522 9.470 400 2.525 3.788 5.050 6,313 7.575 8.838 10.100 11.363 12,626 500 3.158 4.735 6.313 7.891 9.470 11.047 12,626 14.204 15.782 600 3.788 5.682 7.575 9.469 11.363 13.257 15.151 17.045 18.938 700 4.419 6.628 8.838 11.047 13.257 15.468 17.676 19.885 22.095 800 5.050 7.575 10.100 12.626 15.152 17.676 20.201 22.726 25.251 900 5.682 8.522 11.363 14.204 17.044 19.886 22.726 25.567 28.405 1000 6.313 9.469 12.626 15.782 18.939 22.096 25.253 28.408 31.564 Maximum allowable water loss in 4 hours at 180 pounds per square inch of pressure for a rate of 50 gallons per inch diameter of pipe per mile over a 24-hour period Maximum Loss = 50 Gal. EQUATION T!:fF, ABOVE CHART IS BASED ON: x Diameter of Pipe in Inches x L.F. of Pipe x 4 5280 24 (n) (2) Blocking Measurement and Payment: Concrete blocking shall not be paid for separately but shall be included in the various items of the Proposal and Bid Schedule. (s) (1) Purging and Sterilization of Water Mains General: 'On all water lines installed in the City of Coppell the Contractor shall be responsible for Purging, Testing and Sterilization of the completed lines. ITEM 6.7.5 CONSTRUCTION OF AERIAL CROSSINGS (1) General Piers for aerial crossings will be drilled piers and columns of the diameter shown on the plans. Piers shall be founded at least 6'-0" into fn'm gray limestone and 8'-0" into undisturbed material, unless otherwise directed by the Owner. Materials and workmanship required to construct piers and cap shall conform to Reinforced Concrete Structures, of the specifications. Concrete of piers shall be Class A, 3000 psi. Anchor straps and bolts shall be installed as shown on the plans, and shall be hot dipped galvanized after fabrication. After installing the aerial erossing, including the junction collars with the main sewer pipe, an approved coal tar mastic jointing compound shall be installed the full inside circumference of the pipe at each joint to produce a smooth surface with no sharp flow transitions. (2) Exterior Painting Surfaces shall be sound, clean and free of harmful scale, rest, d'n-t, oil, grease, moisture, or any other foreign matter which might lessen the life or usefulness of the coating. Metal shall be smooth and free from blisters, rough comers, pits, dents, or other imperfections before painting. Pits and dents shall be filed and the material ground smooth where required. All coatings shall be handled and applied in accordance with Manufacturer's recommendations. All paint shall be thoroughly stirred before taken from the containers, shall be kept stirred while using, and all ready-mixed paints shall be applied exactly as received from the manufacturer without addition of any kind of a drier or thinner except in strict accordance with Manufacturer's recommendations. Field coats shall be applied after a brush-blasting of any existing coats to assure a clean surface and thorough adhesion. No painting shall take place unless the atmospheric temperature is at least 35 degrees F and rising (50 degrees F for high performance coatings) or when the surface temperature is below the dew point, or when the relative humidity is above 85%, unless approved by the City of Coppell and the Paint Manufacturer. Pa'mting also shall not proceed if the temperature is expected to fall below 32 degrees F (40 degrees F for high performance coatings) before the paint has dried. Painting found defective shall be removed and the surface repainted as directed by the City of Coppell at the Contractor's expense. Before final acceptance of the project, any damaged painted surfaces shall be touched-up or repainted, as directed by the City of Coppell at the Contractor's expense. The Contractor may elect to have all materials shipped to the job site with surface preparation SSPC-SP10 (Near-White Metal Blast) and one shop coat of (a) herein described in Item 2.12.23 of these specifications, or to prepare and paint the surface on the job site as described herein after. All material to be field painted shall receive surface preparation SSPC-SP10 (Near- Whim Metal Blast) on the job site and shall receive one (1) field coat of (a) and two (2) field coats of (b) des~ribed in Item 2.12.23; colors to contract, or shall receive two field coats of (O) if equipment is shipped shop coated. Colors are to contract. If the Contractor elects to apply both coats in the field,' no prime coat shall be required for shipment. All surface prepared in the field shall be inspected by the City of Coppell for adequate surface preparation as defined above prior to application of paint coating. All surfaces to be painted in the field shall have their readiness for painting approved by the City of Coppell before work is started. Adequate film build shall be subject to inspection procedures by using a wet film gauge during painting and/or a Mikrotest or equivalent dry film gauge after painting. The finished product shall be completely free of holidays (pin-holes) when tested with a standard low-voltage holiday-detector. Paint shall be applied to all ferrous material part of the aerial crossing including but not limited to pipe, couplings, straps, nuts, bolts, etc. (2) Measurement of Payment Aerial crossings will be measured for payment per each between the limits shown on the plans and will be paid for at the lump sum bid price for each crossing in the Bid Schedule. Concrete piers and collars to the elevations shown in the plans will be measured and paid for in the lump sum price for aerial crossings. Payment in vertical feet for additional depth of reinforced concrete piers as approved by the City of Coppell, shall be as provided in the Proposal and Bid Schedule. Payment of the unit or lump sum prices shall be full compensation for furnishing all labor, supervisions, materials, tools, equipment, and incidentals, and for perform'rag all work necessary in construction the aerial crossings and piers, including excavation, dewatering, backfilling, disposal of surplus material, painting, testing, concrete encasement, hauling, transportation costs, disposal costs, salvaging, and any other work required in accordance with the Plans and Specifications. PART III: DMSION 7 - STRUCTURES ITEM 7.4.5 QUALITY OF CONCRETE ITEM 7.4.5(O) Heading for Table on Page 379 Shall Read: "TABLE 3 CLASSES OF CONCRETE" ITEM 7.4.5(o) At the end of TABLE 3 CLASSES OF CONCRETE Add Type "S" Concrete: Min.-Max. Sx. Cement per C.Y. - 6.5; rain. 28-day Comp. Strength - 5,000 psi; Min. 7-day Beam Strength 600 psi; Max. Water Cement Ratio - 5.0; Course Aggr. No. [ITEM 2.1.1(c)(4) 1-2-3. PART HI: DIVISION 8 - MISCELI,ANEOUS CONSTRUCTION ITEM 8.2 CONCllETE CIfI~B AND GU'ITER ITEM 8.2.3('o) Reinforcing Steel The third sentence, first paragraph shall be revised to read: I 1 I 1 ! ) i 1 1 1 ! ! ' 1 1 ' "1 1 '! 1 1 i I 1 I ! 1 I I 1 1 I 1 1 ! 1 1 1 ! I 1 ! I ! 1 1 ) I ! 1 I I ! ! ! 1 1 I I CITY OF COPPELL PROJECT SIGN ,'* ,k NOTES: 1) LEI Ira-RING SHOULD BE BOLD TYPE 2) SIGN PANEL WlLL BE 3/4** EXTERIOR PLYWOOD PAINTED AS SHOWN ON DETAIL 3) FRAME WILL BE 2"X4" STOCK- REINFORCED BEHIND SIGN PANEL AT APPROX. 2' CENTERS 4) ALL PAINT TO BE "OUTDOOR TYPE" 5) COPPELL LOGO TO BE PROV1DED BY THE CITY