WA9701-CN050817 (2)COPPELL
CONSTRUCTION SPECIFICATIONS
AND CONTRACT DOCUMENTS
FOR
DENTON TAP ROAD 16-INCH WATER LINE
AIRLINE DRIVE TO BETItEL ROAD
PROJECT NO. WA-97-01
BID NO. Q-0805-02
THE CITY OF COPPELL
PREPAI~F,I~ BY .~
BIRKHOFF, HENDRICK~q & CONWAY, L.L.P.
CONSULTING ENGINEERS
DALLAS, TEXAS
AUGUST, 2005
~OF
DOUGLAS K. SHOWERS
~.~'... 88835 ..~
THE CITY OF COPPELL, TEXAS
CITY COUNCIL
Doug Stover, Mayor
Diana Raines, Mayor Pro-Tem
Tim Brancheau
Jayne P. Peters
Marsha Tunnell
Billy Faught
Thom Suhy
Bill York
CITY MANAGER
Jim Witt
DEPUTY CITY MANAGER
Clay Phillips
DIRECTOR OF ENGINEERING/PUBLIC WORKS
Kenneth M. Griffin, P.E.
SECTION 1
BIDDING
DOCUMENTS
TABLE OF CONTENTS
Page #
Section 1 -
Bidding Documents
Notice to Bidders
Instructions to Bidders
Proposal/Bid Schedule
Prevailing Wage Rates
1-1
1-3
1-13
1-23
Section 2 -
Section 3 -
Section 4 -
Section 5 -
Section 6
Section 7
Section 8
Contract Documents
Standard Form of Agreement (Contract)
Certificate of Insurance
Instructions for Bonds
Performance Bond
Payment Bond
Maintenance Bond
2-1
2-7
2-8
2-9
2-11
2-14
For this project, the Standard Specifications for Public Works
Construction - North Central Texas Thffd Edition, as prepared by the
North Central Texas Council of Governments, the City of Coppell
Standard Construction Details (Ord.g92-554), and Appendix 'C'
Design Criteria and Standards in the City of Coppell Subdivision
Ordinance (Ord.g94-643) shall govern all work to be done, together
with any additional Supplementary Conditions, Specific Project
Requirements, General Notes or Description of Pay Items included
herein.
City of Coppell's Supplementary Conditions
to the NCTCOG General Provisions
3-1
Specific Project Requirements
Description of Pay Items
Technical Specifications
4-1
5-1
6-1
DART Permiting
City of Coppell
Contractor
7-1
Temporary Easement Agreements
8-1
TRANSMITTAL OF ADDENDUM
INSTRUCTIONS:
Acknowledge receipt of Addenda in Proposal, on outer envelope of bid AND WITH THE FORM
BELOW FAXED TO (214) 361-0204, or e-mail apineda~bhcllp.com upon receipt.
Addendum Acknowledgment FAX to (214)361-0204
I Acknowledge the receipt of Addendum No. 1
City of COPPELL, TEXAS
Project Name: Denton Tap Road 16" Water Line
By Facsimile Transmission on this date: September 2, 2005
Contractor's Signature
Company Name
E-Mail Address:
"PLEASE SIGN & FAX, THIS PAGE BACK"
(as verification that you received this Addendum)
(214) 361-0204 or Email Confirmation to apineda(~bhcllp.com
Total Number of Fax Pages: 8
BID PROPOSAL
ADDENDUM NO. 1
ADDENDUM NO:
PROJECT NAME:
LOCATION:
ISSUED BY:
ONE ISSUE DATE:
DENTON TAP ROAD 16" WATER LINE
Airline Drive to Bethel Road
Project No. WA-97-01
Bid No. Q-0805-02
COPPELL, TEXAS
BID DATE:
Birkhoff Hendricks & Conway, L.L.P.
Consulting Engineers
Dallas, Texas
September 2, 2005
10:00 a.m.,
Thursday,
September 8, 2005
Plans and specifications are hereby modified as follows:
1. Refer to SECTION 1 - BIDDING DOCUMENTS:
A. Table of Contents: Delete this sheet in its entirety and replace with the attached "Table of
Contents" marked as "Addendum No. 1 "in the lower right-hand comer.
B. Page 1-20 Bid Schedule: Item No. 25, Change the Quantity from 20,000 Lbs to read 26,000
Lbs.
C. Page 1-24 Bid Summary: Add the attached sheet.
D. Page 1-25 Bid Affidavit: Add the attached sheet.
2. Refer to SECTION 5 - DESCRIPTION OF PAY ITEMS:
A. Item Nos. 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, and 2.8: Add the following sentence to the first paragraph
of each:
"Where necessary, mechanical joint restraint and/or thrast blocking is considered to be
subsidiary to this bid item."
B. Item No. 2.10 - Pay Item #10 Furnish and Install 16" Gate Valve: Change the first paragraph to
read as follows:
"This item is for furnishing and installing 16-inch Resilient-Seated Gate Valves (AWWA
C509) at the locations shown on the Plans.
3. Refer to SECTION 6 - TECHNICAL SPECIFICATIONS:
Section TS1 - Gray Iron or Ductile Iron Fitting Weights, Page TSI-1. Delete this page in its
entirety and substitute the attached page TS 1-1 (marked as Addendum No. O.
4. Refer to the CONSTRUCTION PLANS:
A. Sheet No. 1 - General Proiect Notes. Add the following notes:
29) A Traffic Signal Communication Cable runs the full length of this project within the
median strip.
30) This 6-Pair Copper Interconnect Cable must be in service 24/7. Contractor shall take
measures necessary to not damage cable or put out of service.
31)
IF ANY damage occurs to this cable, Contractor will be required to replace the entire nm
of cable from major intersection to major intersection (i.e. Southwestern to Bethel) at
Contractor's expense. (No Separate Pay Item).
B. Sheet No. 6: See revised blow-up (Page 6a attached) of proposed Fire Hydrant and existing 3"
Water Line connection to proposed 8-inch at Station 25+35.
Bidders shall acknowledge receipt of Addendum No. 1 in the space provided in the Proposal, on the
outer envelope of their bid, and by faxing back the "Transmittal of Addendum
Acknowledgment Sheet" to Birkhoff~ Hendricks & Conwa¥~ L.L.P. at (214) 361-0204.
BIRKHOFF, FIENDRICKS & CONWAY, L.L.P.
CONSULTING ENGINEERS
DALLAS, TEXAS
TABLE OF CONTENTS
Section 1 -
Bidding Documents
Notice to Bidders
Instructions to Bidders
Proposal/Bid Schedule
Bid Affidavit
Prevailing Wage Rates
Page #
1-1
1-3
1-13
1-25
1-26
Section 2 -
Section 3 -
Section 4 -
Section 5 -
Section 6
Section 7
Section 8
Contract Documents
Standard Form of Agreement (Contract)
Certificate of Insurance
Instructions for Bonds
Performance Bond
Payment Bond
Maintenance Bond
2-1
2-7
2-8
2-9
2-11
2-14
For this project, the Standard Specifications for Public Works
Construction - North Central Texas Third Edition, as prepared by the
North Central Texas Council of Governments, the City of Coppell
Standard Construction Details (Ord.#92-554), and Appendix 'C'
Design Criteria and Standards in the City of Coppell Subdivision
Ordinance (Ord.g94-643) shall govern all work to be done, together
with any additional Supplementary Conditions, Specific Project
Requirements, General Notes or Description of Pay Items included
herein.
City of Coppell's Supplementary Conditions
to the NCTCOG General Provisions
3-1
Specific Project Requirements
4-1
Description of Pay Items
5-1
Technical Specifications
6-1
DART Permiting
City of Coppell
Contractor
7-1
Temporary Easement Agreements
8-1
BID SUMMARY
TOTAL BID ITEMS BASE BID: 1 Thru 38
TOTAL PRICE
CALENDAR DAYS
In Words:
BIDDER agrees that all Work awarded will be completed within
time will commence to nm as provided in the Contract Documents.
__ Calendar Days. Contract
Corca'nunications concerning this Bid shall be addressed to the address of BIDDER indicated on the
applicable signature page.
BIDDER understands that the Owner is exempt from State Lirrfited 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).
The terms used in this Bid which are defined in the General Conditions of the Constmctiun 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 quantifies will be
adjusted accordingly.
SUBMITTED ON:
Signature:
PROPOSAL GUARANTY
A Proposal Guaranty shall be provided in accordance with Item 1.5 of the NCTCOG's Standard
Specifications for Public Works Construction.
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 open~ng.
STATE OF COUNTY OF
undersigned authority, a Notary Public in and for the State of
personally appeared
duly sworn, did depose and say:
BEFORE ME, the
, on this day
who after being by me
Name
Name of Firm
foregoing on behalf of the said
am a duly authorized office/agent for
and have been duly authorized to execute the
Name of Firm
I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or
individual(s) engaged in the same line of business pr/or to the official opening of this bid. Further, I
certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly
concerned in any pool, agreement or combination thereof, to control the price of services/
commodities bid on, or to influence any individual(s) to bid or not to bid thereon."
Name and Address of Bidder:
Telephone: By:
Title: Signature:
SUBSCRIBED AND SWORN to before me by the above named
on this the day of
20
Notary Public in and for the State of
TECHNICAL SPECIFICATIONS
SECTION TS1 - GRAY IRON OR DUCTILE IRON FITTING WEIGHTS
TSI.O1
CONTRACT WEIGHT OF DUCTILE IRON FITTINGS
Installation of ductile iron fittings is required at vertical and horizontal bends along the waterline
a]ighnment. The City has provided a payment mechanism to reimburse the Contractor for such fittings
as Pay Item #28. The following fittings will be paid at the contract rate for the poundage listed below.
Items not listed must be submitted for claification well in advance of installation to avoid discrepancies
during the payment review process.
Fitting Description Single Unit Pound Weight
16" DIP 45 degree MJ elbow ............................................... 380
16" DIP 22-1/2 degree MJ elbow ........................................ 385
16" DIP 11-1/4 degree MJ elbow ........................................ 385
6" DIP 90 degree MJ elbow ................................................... 85
16" x 16" DIP MJ "tee" . ...................................................... 740
16" x 10" DIP MJ "tee" . ...................................................... 645
16" x 8" DIP MJ "tee" . ........................................................ 625
16" x 6" DIP MJ "tee" . ........................................................ 615
8" x 6" DIP MJ "tee" . .......................................................... 175
8" x 8" DIP MJ "tee" . .......................................................... 185
16" x 12" DIP MJ "concentric reducer" . ............................. 325
8" x 6" DIP MJ "concentric reducer" . ................................... 95
8" MJ Plug ............................................................................. 45
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~~'~ ADDENDUM NO. 1
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~t~'" ~ °°°°~0 "~ 8 WA~R ~NE STA. 2~35
BIDDING AND DOCUMENTS
NOTICE TO BIDDERS
The City of Coppell is accepting bids for the construction of the Denton Tap Road 16-Inch
Water Line (Airline Drive to Bethel Road) Project No. WA-97-01. The project consists of
approximately 542 linear feet of 16-inch PVC water line by other than open cut; 3,488 linear feet
of 16-inch PVC water line by open cut; 231 linear feet of 8-inch PVC water line by other than
open cut; 290 linear feet of 8-inch PVC water lines by open cut; 159 linear feet of 6-inch PVC
waterline by open cut; fire hydrants, valves, roadway replacement and necessary appurtenances.
Specifications may be obtained for a non-refundable cost of $50.00 from Birkhoff, Hendricks, &
Conway, L.L.P., 7502 Greenville Avenue, Suite g220, Dallas, Texas 75231 (214-361-7900).
Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for the construction of the
Denton Tap Road 16-Inch Water Line (Airline Drive to Bethel Road) Project No. WA-97-01
will be received in the Purchasing Office at the City of Coppeil Towa Center, 255 Parkway
Boulevard, on or before Thursday, September 8, 2005 at 10:00 a.m. and then publicly opened
and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell
Bid No. Q-0805-02 designated clearly on the exterior of the bid envelope. Included with the bid
there should be a completed Bid Affidavit and a Proposal Guaranty per Item 1.5 of the
NCTCOG's Standard Specifications for Public
The Pre-Bid Conference has been scheduled for this project at the Coppell City Hall in the
Engineering Depaxhnent (255 Parkway Blvd.), at 2:00 p.m. on Thursday, September 1, 2005.
The conference is not mandatory, however, all interested bidders are strongly encouraged to
attend.
The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or
unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. The
Owner reserves the right to accept the alternate bid of a Con~'actor that did not submit the lowest
base bid. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED.
Bidders are expected to inspect the site of the work and to inform themselves regarding local
conditions and conditions under which the work is to be done.
Complete sets of bidding documents must be used in preparing Bids; the City of Coppell assumes
no responsibility for errors or misinterpretations resulting from the use of incomplete sets of
Bidding Documents.
NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO OR
MADE A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on
tangible personal property to be incorporated into the project. (Note: This procedure may not be
used, however, for materials which do not become a part of the finished product, such as,
equipment rental or purchase, form materials, etc.). In order to be exempt from the sales tax on
such tangible personal property, the contract shall separate and provide separate charges for
materials to be incorporated into the project from charges for labor. The City will provide the
1-1 Bidding Documents
Contractor with an exemption certificate for the materials. The contractor is expected to issue a
resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the
cost of materials (tangible personal property) in the space provided on the bid form. The
successful bidder's bid form will be used to develop a separated conlxact and determine the extent
of the tax exemption.
1-2 Bidding Documents
BIDDING AND CONTRACT DOCUMENTS
INSTRUCTIONS TO BIDDERS
1. Def'med Terms.
Terms used in these Instructions to Bidders which are defined in the Standard
Specifications for Public Works Construction - North Central Texas latest addition, as
prepared by the NCTCOG and the Supplementary Conditions of Agreement have the
meanings assigned to them in these General Conditions. The term "Bidder" means one
who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to
a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible Bidder
to whom the Owner (on the basis of the Owner's evaluation as hereinafter provided)
makes an award. The term "Bidding Documents" includes the Notice to Bidders,
Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all
Addenda issued prior to receipt of bids). Specific defined terms are:
Owner: Wherever the word "OWNER" is used in the specifications and Contract
Documents, it shall be understood as referring to the City of Coppell, Texas.
Engineer: Wherever the word "ENGINEER" is used in the Specifications and Contract
Documents, it shall be understood as referring to the City Engineer or his authorized
representative, City of Coppell, P.O. Box 478, Coppell, Texas 75019.
Inspector: The authorized representative of the City of Coppell assigned to observe and
inspect any or all parts of the work and the materials to be used therein.
Scope of Work.
The project consists of approximately 542 linear feet of 16-inch PVC water line by other
than open cut; 3,488 linear feet of 16-inch PVC water line by open cut; 231 linear feet of
8-inch PVC water line by other than open cut; 290 linear feet of 8-inch PVC water lines
by open cut; 159 linear feet of 6-inch PVC waterline by open cut; ftre hydrants, valves,
roadway replacement and necessary appurtenances. Work shall include all components
necessary for the "turn key" construction of the Denton Tap Road 16-Inch Water Line
(Airline Drive to Bethel Road) Project No. WA-97-01 as shown on the plans designated
WA-97-01.
3. Copies of Bidding Doo~ments.
3.1
Complete sets of the Bidding Documents may be obtained from Birkhoff, Hendricks, &
Conway, L.L.P., 7502 Greenville Avenue, Suite//220, Dallas, Texas 75231 (214-361-
7900) for a non-refundable cost of $50.00. The following general requirements pertain to
the Bidding Documents:
1-3 Bidding Documents
3.2
3.3
A)
B)
No bidding documents will be issued later than two (2) days prior to the bid
opening date.
After award of the Contract, the successful Bidder will be furnished five (5) sets of
Contract Documents at no charge. Additional sets over five (5) will be furnished
for $25.00 per set.
c)
Bidding documents may be examined flee of charge at the offices of Birkhoff,
Heudricks, & Conway, L.L.P., 7502 Greenville Avenue, Suite g220, Dallas,
Texas 75231 (214-361-7900).
Complete sets of Bidding Documents must be used in preparing Bids; the City of Coppell
assumes no respomibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal
forms will be issued.
The Owner, in making copies of Bidding Documents available on the above terms, does so
only for the purpose of obtaining Bids on the Work and does not confer a license or grant
for any other use.
Q,mlificafions of Bidders.
The Bidder shall submit within five (5) days of the Owner's request such evidence as the
Owner may require to establish his financial responsibility, and possession of such
equipment as may be needed to complete the work in an expeditious, safe and satisfactory
manner. The required information to be submitted shall consist of, but shall not
necessarily be limited to, the following:
A. Current Project Experience (within five (5) days if requested).
A list of all projects presently under construction by the bidder including
approximate cost and completion date shall be submitted upon request.
B. Past Project Experience (required to be submitted with bid see Section 7).
The Bidder shall submit a list of comparable projects completed within the
previous five years including, contract information, location, approximate cost(s),
and completion date(s).
C. Equipment (within five (5) days if requested).
The Bidder shall provide a list of equipment which will be used on this project.
1-4 Bidding Documents
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 (within five (5) days if requested).
Each Bidder shall be prepared to submit upon request of the Owner a balanced
financial statement with no evidence of threatening losses as evidenced by aa
audited certified financial statement (current within the last six (6) months of bid
date). This information will be used to confirm that the Bidder has suitable
financial status to meet obligations incidental to performing the work.
Technical Experience.
The Bidder shall demonstrate to the satisfaction of the Owner that he has the
technical experience to properly complete this project.
F. Proof that the bidder maintains a permanent place of business.
Conflict of Interest.
City Charter states that no officer or employee of the City shall have a financial interest,
direct or indirect, in any contract with the City, nor shall be financially interested, directly
or indirectly, in the sale to the City of Coppell any land, or rights or interest in any land,
materials, supplies or services. This prohibition does not apply when the interest is
represented by ownership of stock in a corporation involved, provided such stock
ownership amounts to less than one percent (1%) of the corporation stock. Any violation
of this prohibition will constitute malfeasance in office. Any officer or employee of the
City found guilty thereof should thereby forfeit his office or position. Any violation of
this prohibition with the knowledge, expressed or implied, of the persons or corporations
contracting with the City shall render the contract voidable by the City Manager or the
City Council. The Contractor represents that no employee or officer of the City has an
interest in the Contractor.
6. Examination of Contract Documents and Site.
6.1
Access to the site shall be from the street and right-of-way at the respective intersections.
It shall be the contractors responsibility to provide necessary and adequate traffic control
before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the
site to become familiar with local conditions that may affect cost, progress, performance
or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that
may affect cost, progress, performance or furnishing of the Work, (d) study and carefully
correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of
all conflicts, errors or discrepancies in the Contract Documents. Failure to make these
examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of
the terms of the contract, without additional cost to the OWNER.
1-5 Bidding Documents
6.2
Information and data reflected in the Contract Documents with respect to Underground
Facilities at or comiguous 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 constmctiun operations. Where
construction comes in close proximity to existing structures or utilities, or ff it becomes
necessary to move services, poles, guy wires, pipe lines, or other obstmctious, it shall be
the Contractor's responsibility to notify and cooperate with the utility or structure owner.
The utility lines and other existing structures shown on the plans are for information only
and are not guaranteed by the City to be complete or accurate as to location and/or depth.
It shall be the Contractor's responsibility to verify locations and depths sufficiently in
advance of constxuction such that necessary adjustments may be made to allow for the
proper installation. The Contractor shall be liable for damage to any utilities resulting
from the construction of this project.
6.3
Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any
additional examinations, investigations, explorations, tests and studies and obtain any
additional information and data which pertain to the physical conditions (surface,
subsurface and underground facilities) at or contiguous to the site or otherwise which may
affect cost, progress, performance or furnishing of the Work and which Bidder deems
necessary to determine its Bid for performing and fiLrnlshing the Work in accordance with
the time, price and other terms and conditions of the Contract Documents.
6.4
On request in advance, Owner will provide each Bidder access to the site to conduct
explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder
shall fill all holes, clean up and restore the site to its former conditions upon completion of
such explorations.
6.5
The lands upon which the Work is to be performed, rights-of-way and easements for
access thereto and other lands designated for use by ConU:actor 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 furnk~hing the work required by the Contract
Documents and such means, methods, techniques, sequences or procedures of consl~uction
as may be indicated in or required by the Contract Documents, and that the Contract
Documents are sufficient in scope and detail to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
7. Interpretations and addenda.
7.1 All questions about the meaning or intent of the Contract Documents are to be directed to
the Purchasing Agent. Interpretations or clarifications considered necessary by the
1-6 Bidding Documents
7.2
8.2
8.3
Purchasing Agent in response to such questions will be issued by Addenda mailed or
delivered to all bidders recorded as having received the Bidding Documents. Questions
received less than two days prior to the date for opening of Bids may not be answered.
Only questions answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect. Each Bidder shall
acknowledge on the bid proposal that all Addenda issued have been received.
Addenda may also be issued to modi~ the Bidding Documents as deemed advisable by the
Owner.
Contract Time.
The time for completion in calendar days should be included on the Bid Form in the space
provided. All work shall be complete within the calendar day count required by the
Contractor's Proposal. The calendar day count shall commence ten (10) calendar days
after the date of the Notice to Proceed or when the contractor begins work, whichever
comes first.
Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a
detailed Progress and Schedule chart to the Owner for approval.
Extension of the contract time shall be based on a Change Order or written amendment as
specified in Item 1.36 of the General Provisions.
9. Liquidated Domnges.
Provisions for liquidated damages are set forth in the Contract. Liquidated damages for
this project are: Two hundred and Forty dollars ($240.00) per day.
10. Substitute or "Or-Equal" Items.
The Contract, if awarded, will be on the basis of materials and equipment described in the
Drawings or specified in the Specifications without consideration of possible substitute or
"or-equal" items. Whenever it is indicated in the Drawings or specified in the
Specifications that a substitute or "or-equal" item of material or equipment may be
furnished or used by Contractor ff acceptable to Engineer, application for such acceptance
will not be considered by Engineer until after the Effective Date of the Agreement. No
substitutions should be considered during the bidding process.
11. Subcontractors, Suppliers, nnd 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 aH
such Subcontractors, Suppliers and other persons and organi?ations proposed for those
Bidding Documents
portions of the Work for which such identification is requested. Such list shall be
accompanied by an experience statement with pertinent information regarding similar
projects and other evidence of qualification for each such Subcontractor, supplier, person
or organization if requested by the Owner. If the Owner, after due investigation, has
reasonable objection to any proposed Subcontractor, Supplier, other person or
organization, may, before the Notice of Award is given, request the apparent Successful
Bidder to submit an acceptable substitute in which case the apparent Successful Bidder
shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased)
by the difference in cost occasioned by such substitution, and the Owner may consider
such price adjustment in evaluating Bids and making the contract award.
If the apparent Successful Bidder declines to make any such substitution, the Owner may
award the contract to the next lowest Bidder that proposes to use acceptable
Subcontractors, Suppliers, other persons and organizations. The declining to make
requested substitutions will not constitute grounds for sacrificing the Bid security of any
Bidder.
11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or
organization against who Contractor has reasonable objection.
12. Bid Proposal.
12.1
Two (2) completed Bid Proposals must be submitted in a sealed envelope as described in
Item 15. The blank spaces in the Bid Form shall be filled in for each item for which a
quantity is given and the Bidder shall state the price for which he proposes to do each item
of work. All blanks on the bid form must be completed in ink or typed. No substitutions,
revisions, or omissions from the plans and/or specifications will be accepted unless
authorized in writing by the Owner.
12.2
The legal status of the Bidder, that is, as a corporation, parmership, 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 parmership, the name and post office address of the
managing member of the firm or partnership shall be given or the bid may be signed by an
attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the bid a power
of attorney evidencing authority to sign the bid, executed by the members of the firm or
partners.
1-8 Bidding Documents
13. Provision Concerning Ese_nlntor Clauses.
14.
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 requ/red for thi~
project, may be rejected and returned to the Bidder without being considered.
Estimates of Qo_notities.
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
quantifies of work performed or materials furnished in accordance with the contract. The
quantity of work to be done and the materials may be increased or decreased as provided
for in the Contract Documents.
15. Submission of Bids.
Bids will be received by the Purchasing Agent, and shall be submitted to the Purchasing
Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 9478,
Coppell, Texas 75019 until, 10:00 a.m. on Thursday, September 8, 2005 and then
publicly opened and read aloud. Two identical copies of the bid enclosed in an opaque
sealed envelope and marked with the Project title, City of Coppell Bid No. Q-0805-02 and
the name and address of the Bidder shall be submitted. Included with the bid there
should be a completed Bid Affidavit and a Proposal Guaranty per Item 1.5 of the
NCTCOG's Standard Specifications for Public Works Construction Third Edition. If the
Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed
in a separate envelope with the notation "BID ENCLOSED Construction of: the Denton
Tap Road 16-1rich Water Line (Airline Drive to Bethel Road) Project No. WA-97-01"
on the fa. ce of it and addressed to the Purchasing Agent, City of Coppell, Texas.
16. Modification and Withdrawal of Bids.
16.1
Bids may be modified or withdrawn by an appropriate document duly executed (in the
manner that a Bid must be executed) and delivered to the place where Bids are to be
submitted at any time prior to the opening of Bids.
16.2
If, within twenty-four hours after the Bids are opened, any Bidder files a duly signed
written notice with the Owner and promptly thereafter demonstrates to the reasonable
satisfaction of Owner that there was a material and substantial mistake in the preparation
of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified
from further bidding on the work.
17. Rejection of Bids.
Bids may be rejected if they show alterations of form, additions not called for, conditional
bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right
to waive any irregularities in the bids as received and to reject any and all bids without
1-9 Bidding Documents
qualification(s). More than one bid from an individual, finn or partnership, corporation
or association, under the same or different names, will not be considered. R~asonable
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 pric~s are obviously
unbalanced may be rejected. Bids submitted without a Proposal Guaranty, per
NCTCOG's Item 1.5 of the Standard Specifications for Public Works Construction will be
rejected.
18. Bids to Remain Subject to Aecepts,¢e.
All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid
opening, but the Owner may, in its sole discretion, release any Bid prior to that date.
19. Award of Contract.
19.1
The Owner reserves the right to reject any and all Bids, to waive any and all informalities
except for the time of submission of the Bid and to negotiate contract terms with the
Successful Bidder. The Owner also reserves the right to reject all nonconforming,
non-responsive, unbalanced or conditional Bids. Also, the Owner reserves the right to
reject the Bid of any Bidder if the Owner believes that it would not be in the best interest
of the Project to make an award to that Bidder, whether because the Bid is not responsive
or the Bidder is unqualified or has doubtful financial ability or fails to meet any other
pertinent standard or criteria established by the Owner. Discrepancies in the
multiplication of units of Work and unit prices will be resolved ia favor of the unit prices.
Discrepancies between the indicated sum of any column of figures and the correct sum
thereof will be resolved in favor of the correct sum.
19.2
In evaluating Bids, the owner will consider the qualifications of the Bidders, whether or
not the Bids comply with the prescribed requirements, and such alternates, unit prices,
completion time, and other data, as may be requested in the Bid form or prior to the
Notice of Award.
19.3
The Owner may consider the qualifications and experience of any Subcontractors,
Suppliers, or other persons or organiTations 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 furnish the Work in accordance with the Conlxact Documents
to the Owner's satisfaction within the prescribed time.
1-10 Bidding Documents
19.5
19.6
21.
If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder
whose evaluation by the Owner indicates to the Owner that the award will be in the best
interests of the Project.
If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of
Award within ninety (90) days after the date of the Bid opening.
Execution of Agreement.
Within fifteen (15) days after written notification of award of the contract, the Successful
Bidder shall execute and furnish to the Owner three (3) original signed contracts and a
Certificate of Insurance.
Affidavit of Bills Paid.
Prior to final acceptance of this project by the Owner, the Contractor shall execute an
affidavit that all bills for labor, materials, and incidentals incurred in the project
construction have been paid in full, and that there are no claims pending.
22. Bid Complionce.
Bid must comply with all Federal, State, county and local laws. Contractor shall not hire
nor work any illegal alien.
23. Notice to Proceed.
Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the
Contractor requesting that he proceed with the construction. The Calendar day count on
the project shall commence within ten (10) calendar days after the date of Notice to
Proceed or when the contractor begins work, whichever occurs first.
The bidder shall not include or provide for sales tax on tangible personal property to be
incorporated into the project. In order to be exempt from the sales tax on such tangible
personal property, the contract shall separate and provide separate charges for materials to
be incorporated into thc project from charges for labor. The City will provide thc
Contractor with an exemption certificate for the materials. The contractor is expected to
issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder
shall show the cost of materials to be incorporated into the contract (tangible personal
property) in the space provided on the bid form. The successful bidders bid form will be
used to develop a separated contract and will determine the extent of the tax exemption.
Upon execution of the consl~uction contract, the successful bidder shall provide a per item
breakdown of 1) materials incorporated into the project; and 2) labor, equipment,
supervision and materials not incorporated into the project.
1-11 Bidding Documents
25.
Silence of Specification.
The apparent silence of these specifications as to any detail or to the apparent omission
from it of a detailed description concerning any point, shall be regarded as meaning that
only the best commercial practices are to prevail. All interpretations of these
specifications shall be made on the basis of this statement by Owner or their authorized
representative.
26. Change Orders.
27.
No oral statement of any person shall modify or otherwise change, or affect the terms,
conditions or specifications stated in the resulting contract. All change orders to the
contract will be made in writing by the Owner.
Assi~onment.
The Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or
in part, without the prior written consent of Owner.
28. Venue.
This agreement will be governed and construed according to the laws of the State of
Texas. This agreement is performable in Dallas County, Texas.
29. M~intenance Bond.
The Contractor shall provide a two year Maintenance Bond in the amount of 50% of the
value of the work at the completion of the project. The bond must be provided prior to
final payment by the City.
1-12 Bidding Documems
PROPOSAL
PROJECT IDENTIFICATION:
Coppell, Texas.
Denton Tap 16-inch Water Line (Airline Drive to Bethel Road) in
BID OF J.T. Dersner~ Inc. DATE:
(NAME OF FIRM)
September 8, 2005
THIS BID IS SUBMITTED TO: CityofCoppell (hereinafier called OWNER)
c/o Purchasing Agent
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
CITY OF COPPELL BID NO:
Q-0805-02
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 ten (10) days after the date of OWNER's Notice of Award.
In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
(a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda
(receipt of all which is hereby acknowledged):
No: 1
Date: 02-Sept-2005
Rec'd: 02-Sept-2005
Co)
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 famishing of the Work.
(c)
(e)
(f)
BIDDER has studied carefully all reports and drawings of subsurface conditions contained in
the contract documents and which have been used in preparation of the contract documents.
CONTRACTOR may rely upon the accuracy of the technical data contained in such reports,
but not upon nontechnical data, interpretations or opinions contained therein or for the
completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately
preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface
conditions at site.
BIDDER has studied carefully all drawings of the physical conditions in or relating to existing
surface or subsurface structures on the site, which are contained in the contract documents and
which have been utilized in preparation of the contract documents. CONTRACTOR may rely
upon the accuracy of the technical data contained in such drawings, but not for the
completeness thereof for CONTRACTOR's purposes. Except as indicated in the mediately
preceding sentence, CONTRACTOR shall have full responsibility with respect to physical
conditions in or relating to such structures.
BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests and studies (in
addition to or to supplement those referred to in (c) above) which pertain to the subsurface or
physical conditions at the site or otherwise may affect the cost, progress, performance or
furnishing of the Work as BIDDER considers necessary for the performance or furnishing of
the Work at the Contract Price, within the Contract Time and in accordance with the other
terms and conditions of the Contract Documents; and no additional examinations,
investigations, explorations, tests reports or similar information or data are or will be required
by BIDDER for such purposes.
BIDDER has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing Underground Facilities at or contiguous to the site
and assumes responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, repons or similar information or
data in respect of said Underground Facilities are or will be required by BIDDER in order to
perform and furrfish the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents.
BIDDER has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the t~m,s and conditions of the Contract
Documents.
BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it
has discovered in the Contract Documents and the written resolution thereof by ENGINEER is
acceptable to BIDDER.
This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm
or corporation and is not submitted in conformity with any agreement or roles of any group,
association, orgardzation or corporation; BIDDER has not directly or indirectly induced or
solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced
any person, fu-m or corporation to refrain from bidding; and BIDDER has not sought by
collusion to obtain for itself any advantage over any other Bidder or over OWNER.
(i)
It is understood and agreed that the following quantifies of work to be done at unit prices are
approximate only, and are intended principally to serve as a guide in evaluating bids.
(J)
It is understood and agreed that the quantities of work to be done at unit prices and materials to
be furnished may be increased or diminished as may be considered necessary in the opinion of
the OWNER to complete the work fully as planned and contemplated, and that all quantifies of
work, whether increased or decreased, are to be performed at the unit prices set forth, except as
provided for in the Conlract Documents.
It is understood and agreed that all work under this contract will be completed within the calendar
days indicated. Completion date will be established in the Notice to Proceed.
5. BIDDER will complete the Work for the following price(s):
CITY OF COPPELL, TEXAS
Denton Tap Road 16-Inch Water Line
(Airline Drive to Bethel Road)
BID SCHEDULE
Item Unit Total
No. Quantity Unit Description and Price in Words Price Price
1 1 L.S. Mobilization and Demobilization $ 25,000.00 $ 25,000.00
complete in place, the sum of
Twenty-Five Thousand
Dollars
and No
Cents per Lump Sum
Furnish and Install 16-Inch PVC Waterline
2 3,488 L.F. by Open Cut w/Embedment $ 52.00 $ 181,376.00
complete in place, the sum of
Fif~y-Two
Dollars
and No
Cents per Linear Foot
Furnish and Install Concrete Encasement as
3 90 L.F. a substitute for Embedment in Item 2 $ 45.00 $ 4,050.00
complete in place, the sum of
Forty-Five
Dollars
and No
Cents per Linear Foot
Furnish and Install 16-Inch PVC Waterline
4 542 L.F. by other than Open Cut with Steel Casing $ 345.00 $ 186,990.00
complete in place, the sum of
Three Hundred Forty-Five
Dollars
and No
Cents per Pound
Furnish and Install 10-Inch PVC Waterline
5 5 L.F. by Open Cut w/Embedment $ 50.00 $ 250.00
complete in place, the sum of
Fifty
Dollars
and No
Cents per Linear Foot
Item Umt Total
No. Quantity Unit Description and Price in Words Price Price
Furnish and Install 8-Inch PVC Waterline by
6 290 L.F. Open Cut w/Embedment $ 60.00 $ 17,400.00
complete in place, the sum of
Sixty
Dollars
md No
Cents per Linear Foot
Furnish and Install 8-inch PVC Waterline by
7 231 L.F. other than Open Cut w/ Steel Casing $ 226.00 $ 52,206.00
complete in place, the sum of
Two Hundred Twenty-Six
Dollars
and No
Cents per Linear Foot
Furnish and Install 6-Inch PVC Waterline by
8 159 L.F. Open Cut wfEmbedment $ 60.00 $ 9,540.00
complete in place, the sum of
Sixty
Dollars
and No
Cents per Linear Foot
Furnish and Install 2-Inch PVC Waterline by
9 113 L.F. Open Cut to Restore lrrigation Line Service $ 15.00 $ 1,695.00
complete in place, the sum of
Fifteen
Dollars
and No
Cents per Linear Foot
10 4 Ea. Furnish and Install 16-Inch Gate Valve $ 5,150.00 $ 20,600.00
complete in place, the sum of
Five Thousand, One Hundred Fift7
Dollars
and No
Cents per Each
Rem Umt Total
No. Quantity Unit Description and Price in Words Price Price
11 10 Ea. Fumishandlnstall8-inchGateValve $ 1,100.00 $ 11,000.00
complete in place, the sum of
One Thousand, One Hundred
Dollars
and No
Cents per Each
12 11 Ea. Furnish and lnstall 6-Inch Gate Valve $ 800.00 $ 8,800.00
complete in place, the sum of
Eight Hundred
Dollars
and No
Cents per Each
13 11 Ea. Fumish and lnstall Standard Fire Hydrant $ 1,675.00 $ 18,425.00
complete in place, the sum of
One Thousand, Six Hundred Seventy-Five
Dollars
and No
Cents per Each
Remove and Salvage Existing Fire Hydrant,
14 6 Ea. Valve and Appuurtenances $ 500.00 $ 3,000.00
complete in place, the sum of
Five Hundred
Dollars
and No
Cents per Each
Furnish and Install 2-Inch Air and Vacuum
15 4 Ea. Release Valve & Vault $ 2,425.00 $ 9,700.00
complete in place, the sum of
Two Thousand, Four Hundred Twenty-Five
Dollars
and No
Cents per Each
Item Umt Total
No. Quantity Unit Description and Price in Words Price Price
Provide Connection to Existing 24" or 16"
16 2 Ea. RCCP Waterline $ 4,000.00 $ 8,000.00
complete in place, the sum of
Four Thousand
Dollars
and No
Cents per Each
Provide Connection to Existing 12" or 10"
17 2 Ea. Waterline $ 1,150.00 $ 2,300.00
complete in place, the sm of
One Thousand, One Hundred Fif~
Dollars
and No
Cents per Each
Provide Connection to Existing 8" or 6"
18 9 Ea. Waterline $ 1,100.00 $ 9,900.00
complete in place, the sum of
One Thousand, One Hundred
Dollar
· nd No
C~t$ p~ Each
Provide Connection to Existing 2" Waterline
including 2" tapping saddle, 2" corporation
19 10 Ea. stop and ~11 ~purtenan¢¢s $ 2,350.00 $ 23,500.00
complete in place, the sum of
Two Thousand, Three Hnndred Fifi7
Dollar~
and No
Cents per E~h
F~sh and I~st~ll 24" x 16" Tapping Sleeve
20 1 Ea. and V~lve $ 7,300.00 $ ?,300.00
complete in place, the sum of
Seven Thousand, Three Hundred
Dollars
and No
Cents per Each
27
28
29
30
1,010
290
218
3
Price in Words
Abandon and Plug Existing g" & 2"
at all locations shown on the
Plans, including excavation, backfilling and
restoration to Existing condition
:omplete in place, the sum of
Two Thousand
and No
Full Depth Concrete Saw Cut
complete in place, the sum of
Three
and No
Linear Foot
Remove and Replace Concrete Pavement
complete in place, the sm o£
'-Three
and No
tare Yard
Remove and Replace Concrete Curb &
Gutter
complete in place, the sum of
Twenty
and _ No
Linear Foot
and Replace Bush or Tree
complete in place, the sum of
and No
Each
Price
Price
2,000.00 $ 2,000.00
3.00 $ 3,030.00
53.00 $ 15,370.00
20.00 $ 4,360.00
875.00 $ 2,625.00
1-21
Item Umt Total
No. Quantity Unit Description and Price in Words Price Price
31 50 C.Y. Extra Sand for Embedment $ 10.00 $ 500.00
complete in place, the sum of
Ten
Dollars
and No
Cents per Cubic Yard
Furnish, Install and Maintain Solid Block
Sod (6' width along trench + 15' wide bore
32 2,530 S.Y. pits) $ 4.00 $ 10,120.00
complete in place, the sum of
Four
Dollar.
and No
Cents per Square Yard
Furnish and Install City of Coppell Utility
33 2 Ea. Marker $ 100.00 $ 200.00
complete in place, the sum of
One Hundred
Dollar~,
and No
Cents per Each
Furnish Trench Safety Design by
Professional Engineer Licensed in the State
34 1 L.S. of Texas $ 5,000.00 $ 5,000.00
complete in place, the sum of
Five Thousand
Dollars
and No
Cents per Lump Sum
Install and Maintain Trench Safety Plan and
35 4,055 L.F. System $ 9.50 $ 38,522.50
complete in place, the sum of
Nine
Dollars
and Fifty
Cents per Linear Foot
B~
The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and
are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all
commodities upon which prices are extended at the price offered, and upon the conditions
contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be
ninety (90) calendar days from the date of the bid opening.
STATE OF Texas COUNTY OF Dallas BEFORE ME, the undersigned
authority, a Notary Public in and for the State of , on this day personally appeared
Teresa Childers who after being by me duly sworn, did depose and say:
"I, Teresa Childers
Name
J. T. Dersner~ Inc.
Name of Firm
foregoing on behalf of the said
am a duly authorized office/agent for
and have been duly authorized to execute the
& T. Dersner~ Inc.
Name of Firm
I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or
individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I
certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly
concerned in any pool, agreement or combination thereof, to control the price of services/
commodities bid on, or to influence any individual(s) to bid or not to bid thereon."
Name and Address of Bidder:
J. T. Dersner~ Inc.
2101 E. Shady Grove Rd., Irving, Texas 75060
Telephone: (972) 421-0930
Title: President
By: Teresa Childers
Signature: ~
SUBSCRIBED AND SWORN to before me,~y tl~ ab, five named
onthisthe ~/ dayof _/f~-d~'.44.~
Notary Pu~
SECTION 2
CONTR.,4 CT
DOCUMENTS
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the l0th day of October in the year 2005 by and between the
CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and
J. T. Dersner, Inc. (hereinal~er called) CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article 1. WORIC
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 542 linear feet of 16-inch PVC water line by other
than open cut; 3,488 linear feet of 16-inch PVC water line by open cut; 231 linear feet of 8-
inch PVC water line by other than open cut; 290 linear feet of 8-inch PVC water lines by
open cut; 159 linear feet of 6-inch PVC waterline by open cut; fire hydrants, valves,
roadway replacement and necessary appurtenances. Work shall include all components
necessary for the "turn key" construction of the Denton Tap Road 16-Inch Water Line
(Airline Drive to Bethel Road) as shown on the plans designated WA 97-01.
The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
Construction of the
Denton Tap Road 16-Inch Water Line
(Airline Drive to Bethel Road)
Project No. WA-97-01
Article 2. ENGINEER.
The Project has been designed by the City of Coppell Engineering Department. Contract
administration will be provided by the City of Coppell Engineering Department who is hereinafter
called ENGINEER and who is to act as OWNER's representative, assume all duties and
responsibilities and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract
Documents.
2-1 Contract Documents
Article 3. CONTRACT TIME.
3.1. The Work will be completed within 150 calendar days from the date when the
Contract time commences to mn as provided in Item 1.13 of the General Provisions, and
completed and ready for final payment in accordance with Item 1.51 of the General
Provisions.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the time specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Item 1.36 of the General Provisions. They also recognize the
delays, expense and difficulties involved in proving in a legal or arbitration proceeding the
actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead
of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated
damages for daily (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred
Forty. dollars ($240.00) for each day that expires after the time specified in paragraph 3.1
for Completion until the Work is complete.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents in current funds subject to additions and deductions by Change Orders
as provided in the contract documents in accordance with the unit prices listed in Section 1 -
Proposal and Bid Schedule. The contract sum shall be the amount of $791,659.50. The
total tangible personal property cost included in the contract sum is $400,000.00.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the
General Provisions. Applications for Payment will be processed by ENGINEER as provided in the
General Provisions.
5.1. Progress Payments. OWNER shall make progress payments onaccount ofthe Contract
Price on the basis of CONTRACTOR's Applications for Payment as recommended by
ENGINEER, each month during construction as provided below. All progress payments
will be on the basis of the progress of the Work measured by the schedule of values
established in Item 1.51 of the General Provisions (and in the case of Unit Price Work based
on the number of units completed) or, in the event there is no schedule of values, as
provided in the General Provisions.
2-2 Contract Documents
5.1.1. Prior to Completion, progress payments will be made in an mount equal to the
percentage indicated in Item 1.51.2 of the General Provisions, but, in each case, less the
aggregate of payments previously made and less such amounts as ENG1NEER shall
determine, or OWNER may withhold, in accordance with Item 1.52 of the General
Pmvisions.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with
Item 1.51.4 of the General Provisions, OWNER shall pay the remainder of the Contract
Price as recommended by ENGINEER as provided in said Item 1.51.4.
Article 6. INTEREST.
No interest shall ever be due on late payments.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface
conditions and drawings of physical conditions which are identified in the Supplementary
Conditions as provided in Item 1.3 of the General Provisions, and accepts the determination
set forth in Item SC-1.20 of the Supplementary Conditions of the extent of the technical
data contained in such reports and drawings upon which CONTRACTOR is entitled to rely.
7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations, explorations, tests,
reports, and studies (in addition to or to supplement those referred to in paragraph 7.1
above) which pertain to the subsurface or physical conditions at or contiguous to the site or
otherwise may affect the cost, progress, performance, or furnishing of the Work as
CONTRACTOR considers necessary for the performance or furnishing of the Work at the
Contract Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of Item 1.3 of
the General Provisions; and no additional examinations, investigations, explorations, tests,
reports, studies, or similar information or data are or will be required by CONTRACTOR
for such purposes.
2-3 Contract Documents
7.3. CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations, tests,
reports, studies, or similar information or data in respect of said Underground Facilities are
or will be required by CONTRACTOR in order to perform and furnish the Work at the
Contract Price, within the Contract time and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of Items 1.3,
1.20 and 1.21 of the General Provisions.
7.4. CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports, and studies with the terms and conditions of the
Contract Documents.
7.5. CONTRACTOR has given ENGINEER written notice of all conllicts, errors or
discrepancies that he has discovered in the Contract Documents and the written resolution
thereof by ENGINEER is acceptable to CONTRACTOR.
Article 8. CONTRACTOR DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1. This Agreement (pages 2-2 thru 2-7, inclusive).
8.2. Exhibits to this agreement (immediately following this Agreement, inclusive).
8.3. Certificate of Insurance.
8.4. Notice of Award.
8.5. Part 1: General Provisions of the Standard Specifications for Public Works
Construction, NCTCOG, 3r~ edition.
8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 3-2
thru 3-10).
8.7.
Specifications bearing the title: "Construction of the Denton Tap Road 16-Inch
Water Line (Airline Drive to Bethel Road) Project No. WA-97-01 for the City of
Coppell".
2-4 Contract Documents
8.8. Drawings entitled: "WA 97-01".
8.9. The following listed and numbered addenda:
8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding
Documents.
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award.
8.12. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying, or supplementing the Contract Documents
pursuant to Items 1.37 and 1.38 of the General Provisions.
8.13. The documents hsted in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
The Contract Documents may only be amended, modified, or supplemented as provided in Items
1.37 and 1.38 of the General Provisions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Item 1.0 of the General Provisions
will have the meanings indicated in the General Provisions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation moneys that may become due
and moneys that are due may not be assigned without such consent (expect to the extent that
the effect of this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or discharge the
a~signor fi.om any duty or responsibility under the Contract Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
2-5 Contract Documents
Article 10. OTHER PROVISIONS.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and
ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER
and CONTRACTOR or by ENGINEER on their behalf.
This Agreement will be effective on
October 10~ 2005
OWNER:
City of Coppell
255 Parkway Boulevard
Coppell, TX 75019
Ad&ess for ~ving~ces:
P.O. Box 9478
Coppell, Texas 75019
Attn: Ken Griffin, P.E.
Dir. of Engineering/Public Works
CONTRACTOR:
J. T. Dersner, Inc.
2101 E. Shady Grove Rd.
Irving, Texas 75060
Phone: (972) 421-0930
Teresa Childers
TITLE: Pr~ ~
Address for ~hng notices:
2101 E. Shady Grove Rd.
Irving, Texas 75060
Attn: Teresa Childers, President
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
(If CONTRACTOR is a corporation, attach
evidence of authority to sign.)
2-6 Contract Documents
Certificate of Insurance
After award of contract, Contractor will provide Owner With Certificate of Insurance which will be
executed and bound here with final documents.
2-7 Contract Documents
General Instructions For Bonds
Co
The surety on each bond must be a responsible surety company which is qualified to do
business in Texas and satisfactory to the Owner.
The name, and residence of each individual patty to the bond shall be inserted in the body
thereof, and each such party shall sign the bond with his usual signature on the line opposite
the scroll seal, and if signed in Maine, Massachusetts or New Hampshire, an adhesive seal
shall be affixed opposite the signature.
If the principals are parmers, their individual names will appear in the body of the bond,
with the recital that they are partners composing a finn, naming it, and all the members of
the firm shall execute the bond as individuals.
The signature of a wimess shall appear in the appropriate place, attesting the signature of
each individual party to the bond.
If the principal or surety is a corporation, the name of the State in which incorporated shall
be inserted in the appropriate place in the body of the bond, and said iustmment shall be
executed and attested under the corporate seal, the fact shall be stated, in which case a scroll
or adhesive seal shall appear following the corporate name.
The official character and authority of the person or persons executing the bond for the
principal, if a corporation, shall be certified by the secretary or assistant secretary according
to the form attached hereto. In lieu of such certificate, records of the corporation as will
show the official character and authority of the officer signing, duly certified by the
secretary or assistant secretary, under the corporate seal, to be tree copies.
The date of this bond must not be prior to the date of the contract in connection with which
it is given.
2-8 Contract Documents
Bond No. S-903 4084
PERFORMANCE BOND
STATE OF TEXAS }
COUNTY OF DALLAS }
KNOW ALL MEN BY THESE PRESENTS: That J.T. Dersner, Inc.
whose address is 2101 E. Shady G-ave Rd., Irving, Texas 75060 ,
hereinafter called Principal, and Washington [~ternational Insurance Company , a
corporation organized and existing under the laws of the State of Arizona , and fully
hcensed to transact business in the State of Texas as Surety, are held and firmly bound unto the
CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of
Texas, hereinafter called "Beneficiary", in the penal sum of
Seven Hundred Ninety-One Thousand, Six Hundred Fifty-Nine and 50/100 DOLLARS
($791,659.50) in lawful money of the United States, to be paid in Dallas County, Texas, for the
payment of wkich sum well and truly to be made, we bind ourselves, our heirs, executors,
admim'strators and successors jointly and severally, firmly by these presents. This Bond shall
automatically be increased by the amount of any Change Order or Supplemental Agreement which
increases the Contract price, but in no event shall a Change Order or Supplemental Agreement
which reduces the Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAM~ is conditioned as follows: Whereas, the Principal
entered into a certain Contract with the City of Coppell, the Beneilciary, dated the l0s of
October , A.D. 2005, which is made a part hereof by reference, for the construction
of certain public improvements that are generally described as follows:
Construction of the:
Denton Tap Road 16-Inch Water Line
(Airline Drive to Bethel Road)
Project No. WA-97-01
Bid No. Q~0805-02
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all
of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance
with the plans, specifications and Contract documents during the original term thereof and any
extension thereof which may be granted by the Beneficiary, with or without notice to the Surety,
and during the life of any guaranty or warranty required under this Contract, and shall also well and
truly 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, ffthe Principal shall repair and/or replace all
defects due to faulty materials and workmanship that appear within a period of one (1) year from
the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall
fully indemnify and save harmless the Beneficiary from al/costs and damages which Beneficiary
may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary
all outlay and expense which the Beneficiary may incur in making good any default or deficiency,
then this obligation shall be void; otherwise, it shall remain in full force and effect.
2-9 Contract Documents
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue
shall lie in Dallas County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract otto
the Work to be performed lhcreunder or the specifications accompanying the same shall in anyway
affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of
time, alteration or addition to the 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 Armotated 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 matter~ arising out of such suretyship, as provided
by Article 7.19-1 of the insurance Code, Vemon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 6 (six) copies, each
one ofwhich shallbe deemed an original, thisthe lOth dayof October ,2005.
PRINCIPAL SURETY
J. T. Ders~/I/nc. .
Washington International Insurance Company
By: c~'~'~ '
Carolyn J. Goodenugh
Title: President Title: Attorney-in-Fact
Resident Agent of the SurfW in Dallas or Denton County, Texas, for delivery of notice and service of the process i~:
NAME: Ray Watson Mullis Newby Hurst, LP
ADDRESS: 16600 Dallas Pkwy., Ste 300 Dallas TX 75248
NOTE: Date of Performance Bond must be date of Contract. If Resident ,4gent is not corporation, give person's name.
2-10 Contract Documents
Bond No. S-903 4084
PAYMENT BOND
STATE OF TEXAS }
COUNTY OF DALLAS }
KNOW ALL MEN BY THESE PRESENTS: That $. ~. Dersner, Inc.
whose address is 2101 E. gh~v Grove Rd., l_wing, Texas 75060
hereinafter called Principal, and Washinoton International Insurance Company , a
corporation organized and existing under thc laws of thc State of Arizona , and fully
licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the
CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of
Texas, hereinafter called "Beneficiary", in the penal sum of
Seven Hundred Ninety-One Thousand, Six Hundred Fifty-Nine and 50/100 DOLLARS
($791,659.50) 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, fmnly by these presents. This Bond shall
automatically be increased by the amount of any Change Order or Supplemental Agreement which
increases the Contract prioe, but in no event shall a Change Order or Supplemental Agxeement
which reduces the Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract with the City of Coppell, dated the 10t~ of
October , A.D. 2005, which is made a part hereof by reference, for the construction of
certain public improvements that are generally described as follows:
Construction of the:
Denton Tap Road 16-Inch Water Line
(Airline Drive to Bethel Road)
Project No. WA-97-01
Bid No. Q-0805-02
NOW, TI:ffi, REFORE, 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 hereatter be made, notice of which
modification to the Surety is hereby expressly waived, then this obligation shall be void; othenvise
it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue
shall lie in Dallas County, Texas.
AND PROVIDED FURTHER, that the said Smmty, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the t~,ms of the Contract or to
the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying
the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any
2-11 Contract Documents
such change, extension of time, alteration or addition to the terms of the Contract, orto the Work to
be performed thereunder.
This Bond is given pursuant to the provisions of Article 5t60 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 reqff~site notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship, as provided
by Article 7.19-1 of the insurance Code, Vemon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WIqE, REOF, this instrument is executed in 6 (six) copies, each
one of which shall be deemed an original, this the 10th day of October ,2005.
PRINCIPAL SURETY
J. T. Dersner~ Inc.
Teresa Childers
Title: President
Washington International Insurance Company
By: C/~-.~ ~~/~ ~..~, 5
Carolyn J. Goodenough
Title: Attorney-in-Fact
The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and
sendce of the process is:
NAME: Ray Watson Mullis Newby Hurst, LP
ADDRESS: 16600 Dallas Pkwy., Ste 300 Dallas TX 75248
NOTE: Date of PeoCormance Bond must be date of Contract. If J~e,~lent lg*nt is not a corporation, give a person's
2-12 Contract Documents
Bond No. S-903 4084
MAINTENANCE BOND
STATE OF TEXAS }
COUNTY OF DALLAS }
KNOW ALL MEN BY TllESE PRESENTS: THAT
J. T. Dersner, Inc.
as Principal,
and Washington International Insurance Company , a corporation organized under
the laws of Arizona , as sureties, do
hereby expressly acknowledge themselves to be held and bound to pay unto the
City of Coppell, Texas , a Municipal Corporation, Texas, the
sum of Seven Hundred Ninety-One Thousand, Six Hundred Fifty-Nine Dollars
and Fifty Cents ($791,659.50), for the payment of which sum will and truly
be made unto said CityofCoot~ell, Texas , 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 J.T. Dersner, Inc.
has this day entered into a written contract with the said City of Core,ell. Texas
to build and comtruct Denton Tap Road 16' Water Line (Bid No. 0-0805-02)
which contract and the plans and specifications therein mentioned,
adopted by the City of Coppell, Texas are hereby expressly made a part thereof as
through the same were written and embodied herein.
WHEREAS, under the plans, specifications, and con~ract, it is provided that the Contractor
will maintain and keep in good repair, the work herein contracted to be done and performed, for a
period of two (2) years fi'om the date of the acceptance of said work, and to do all necessary repairs
and/or recousl~uction in whole or in part of said improvements that should be occasioned by
settlement of foundation, defective workmanship or mterials furnished in the construction or any
part thereof or any of the accessories thereto constructed by the Contractor. It being understood that
the purpose of this section is to cover all defective conditions arising by reason of defective material
and charge the same against the said Contractor, and sureties on this obligation, and the said
Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said
contract for each day's failure on its' part to comply with the t=mis of said provisions of said
conlract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to
maintain said work and keep. the same in repair for the said maintenance period of two (2) years, as
provided, then these presents shall be null and void, and have not further effect, but if default shall
be made by the said Contractor in the perfonmmce of its' contract to so maintain and repair said
work, then these presents shall have full force and effect, and said Clay of Coppell, Texas shall
have and receive from the said Contractor and its' principal and sureties damages in the premises, as
provided; and it is further agreed that this obligation shall be a continuing one against the principal
and sureties, hereon, and that successive recoveries may be and had hereon for successive branches
until the full amount shall have been exhausted; and it is further understood that the obligation
herein to maintain said work shall continue throughout said maintenance period, and the same shall
not be changed, diminished or in any manner affected from any cause during said time.
2-13 Contract Documentx
IN WITNESS TItEREOF, the said J.T. Dersner, Inc. has
caused these presents to be executed by Teresa Childers, President and
the said Washington International Insurance Company has caused these presents
to be executed by its Attorney in fact and the said Attorney in fact Carolyn J. Goodenough ,
has hereunto set his hand, the 10th day of October ,2005.
PRINCIPAL SURETY
J. T. Dersner, Inc~
By.'
Teresa Childers
Washington international Insu~..e,~:ompany f x
Carol--yn J. Goodenough -- ~
Title: President
Title: Attorney-in-Fact
2-14
Contract Document~
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM INSURANCE COVERAGE
ENDORSEMENT
Coverage for acts of terrorism as defined in § 102(1) of the Terrorism Risk Insurance
Act of 2002 ("the Act") is already included in this surety bond. You should know that,
effective November 26, 2002, under your existing coverage, any losses caused by
certified acts of terrorism would be partially reimbursed by the United States under a
formula established by federal law. Under this formula, the United States pays 90%
of covered terrorism losses exceeding the statutodly established deductible paid by
the insurance company providing the coverage. The portion of your annual premium
that is attributable to co~/erage for acts of terrorism is $0.
As your insurance/surety company we are sending you this notice to comply with the Terrorism Risk
Insurance Act of 2002.
For questions regarding this notice please visit our website www.nassurety.com or you may call our
office at 630- 227- 4825.
REV: 2/03 agent notice
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL M~N BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws oftbe State of New Hampshire, and having its principal o~¢e in the City of Mancbester, New Hampshi~, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the Ciw of l~csea,
lllinois, each does hereby make, constitute and appoint:
SAMMY JOE MULLIS, JR., JOHN WILLIAM NEWBY, ROBERT DONALD NURST,
PATRICIA LEE BARTLETY, JULIE STORM, WILBERT RAYMOND WATSON,
CAROLYN J. GOODENOUGH and KRYSTAL LEA WEBER,jointly or severally
Its frae and lawful Attomey(a)-th-Fact, to make, execute, seal and deliver, for and on its behalf and a~ its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on con~racts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed trader this authority shall exceed the
amount of: TEN M[LL1ON (10,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on thc 24t~ of March, 2000:
"RESOLVED, that any two of the President, any Executive Vice President, any Vice President. any Assistant Vice President, the Secretmy or any
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company bonds, under~akthgs and all contxacts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to ai~ach therein the seal of the Company; and it is
FURTHER RESOLVED. that the signature of such officers and the seal oftbe Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Artomey or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surely to which it is attached."
IN W TNESS WHEREOF, Noah American Specialty Insurance Company and Washington International Insurance .C?mpan, y have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 17 day of r~ovemr~er ,2004.
North American Specialty Insurance Compnny
Washington International Insurance Company
State of Illinois
Coumy of Du Page ss:
On this 17 day of November ,20 04, before me, a Notary Public personally appeared Paul D. Amstutz , Presidc'nt and CEO of
Washingfun international Insurance Company and Vice President of North American Specialty Insurance Company and Stevan P. Anderson
Executive Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally k~own to me, who b~ing by me duly sworn, ack~aowledged that they signed the above Power of Attorney as officers of and
acknowledged said instmmant to be the voluntary act and deed of their respective companies.
. ~""~?. !~ ¥ - ~-~.~ Yasmin A. Patul, Notary Pahlic
1, James A. Cmpentsr , the duly elected Assistant Secretary of North American Specialty Insurance Company a~d Washington
International Insurance Company, do hereby certify thai the above and forcgothg is a hue and correct copy of a Power of Atthrney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, l have set my hand and affixed the seals of the Companies this ~ 0th day of O~ob~r ,20 05 .
IMI~RTANT NOTICE
In order to Obtain Information or Make a Complaim:
You may call Washington International Insurance Company and/or North
American Specialty Insurance Company at the following toil-free number:
800/338-.07~3
or
You may write to them at the following address:
Washington International Insurance Company
NAS Surety G~oup
1200 Arlington Heights Road g400
Itasca, U, 60143
You may also contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
800/252-3439
You may write the Texas Department of Insurance at the following address:
P O Box 149104
Austin, TX 78714-9104
ISSUE DATE (MM/DD/YY)
CERTIFICATE OF INSURANCE Certificate# 46849 3541 10/20/05
THIS CERTIFICATE IS ISSUED AS A MAI-I'ER 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 A Ohio Casualty Insurance Company
LE3q'ER
LETTER B Texas Mutual Insurance Company
LETTER C
COMPANY O
LETTER
INSURED
J T Dersner, Inc.
1032 W. Pioneer Pkwy fi400
Arlington, Texas 760'13
LETTER E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE iNSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
-- 3OMMERCIAL GENERAL LIABILITY BKO(056)53285665 12105/04 12105/05
~LAIMS MADE ~OCCUR PERSONAL & AGV INJURY
-- Blanket Additional Insured FIRE DAMAGE
Blanket Waiver Of Subrogation
AUTOMOelLE LIABILITY COMBINED SINGLE
ANY AUTO BAO(05)53285665 12/05104 12/05105 LIMIT
EXCESS LIABILFFY EACH OCCURRENCE
AFORM USO(05)53286661 12105104 12/04105 AGGREGATE
WORKER'S COMPENSATION
AND TSF0001144211 04/23/05 04123/06 lACE ACCIDENT
Rented/Leased Equipreent BKO(05)53285665 12/05104 12/05105
~PERATIONSR.OCATIONS/VEHICLES~SPECIAL ITEMS Project - Denton Tap Road 16 Inch Water Line (Airline Drive &
Bethel Road). Project No. WA-97-01. Bod NO. Q-0805-02 - Certificate holder and Birkhoff Hendrocks & Conway, LLP are added as additional insured to General Liability
1,000,000
Limit $425,000 wi $1,000,000 Aggregate
$$00 deductible
Actual Cash CalMa
City Of Coppell
P.O. Box 9478
Coppell, TX 75019
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYSWRI'I-FENNOTICETOTHECERTIFICATEHOLDERNAMEDTOTHE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
SECTION 3
STANDARD SPECIFICATIONS
SUPPLEMENTARY
CONDITIONS
CITY OF COPPELL
SUPPLEMENTARY CONDITIONS
TO THE
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
GENERAL PROVISIONS
THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD GENERAL PROVISIONS
OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, NORTH
CENTRAL TEXAS, THIRD ADDITION, PREPARED BY THE NORTH CENTRAL TEXAS
COUNCIL OF GOVERNMENTS AS INDICATED BELOW. ALL PROVISIONS WHICH ARE
NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL
PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED.
PART I: GENERAL PROVISIONS - DIVISION 1 PROPOSAL REQUIREMENTS
ITEM 1.0 - DEFINITIONS
SC-1.0
Engineer: The word "Engineer" in these contract documents and specifications shall be
understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 478, Coppell, TX
75019, Engineer of the Owner, or such other representatives as may be authorized by said owner
to act in any particular position.
Owner: The word "Owner" in these contract documents and specifications refers to the CITY OF
COPPELL acting through its authorized representatives.
Caiendar Day: Add the following sentence to the end of the working days definitions: Hours
worked before 8:00 a.m. after 5:00 p.m., all weekends and holidays are subject to overtime.
Overtime request must be made in writing and approved by the City of Coppell. Seventy-two
hours notice required. All overtime incurred by the City for inspection services and any overtime
incurred by the testing laboratory shall be paid by the Contractor. If not paid, such cost may be
deducted from partial payments.
Ail other terms used in these Supplementary Conditions which are defined in the General
Provisiom shall have the same meanings used in the General Provisions.
ITEM LIS - SURETY BONDS
SC-1.15
Add following sentence to Item 1.15 (A):
3-1
Standard Specifications
Supplementary Conditions
"Maintenance Bond shall be required in the mount of 50% of the cost of the public improvements
for a 2 year period."
ITEM 1.16 - NOTICE TO PROCEED
SC-1.16
Add following sentence to end of Item 1.16.
Before Contractor starts the Work at the site, a conference attended by Contractor, Engineer and
others as appropriate will be held to discuss the schedules referred to in Items 1.22.5, 1.28 and
1.51.1, to discuss procedures for handling Shop Drawings and other submittals and for processing
Applications for Payment, and to establish a working understanding among the parties as to the
Work.
ITEM 1.19 - PRIORITY OF CONTRACT DOCUMENTS
SC-1.19
Add the following language at the end of the Item 1.19: "If there is any conflict between the
provisions of the Contract Documents and any such referenced standard specifications, manuals or
codes, the provisions of the Contract Documents shall take precedence over that of any standard
specifications, manuals or codes."
ITEM 1.20 - CORRg. L&TION AND INTENT OF DOCUMENTS
SC-1.20.1
Amend the first sentence of Item 1.20.1 by cb~,ging "such copies" to be "five copies". Add the
following to the end of Item 1.20.1:
"In the preparation of Drawings and Specifications, ENGINEER has established and relied upon
the following reports of explorations and tests of subsurface conditions at the site of the work: No
geoteclmical explorations or tests of subsurface conditions have been performed.
The Contractor may take borings at the site to satisfy himself as to subsurface conditions."
SC-1.20.5
Add the following new Item 1.20.5 immediately after Item 1.20.4:
1.20.5
Eri~tlno_ Utilities and Sewer Lines: The ContraO. or shall be responsible for the
protection of all existing utilities or service lines crossed or exposed by the construction
3-2 Standard Specifications
Supplementary Conditions
operations. Where existing utilities or service lines are cut, broken or damaged, the
CONTRACTOR shall replace the utilities or service lines with the same type of
original construction, or better, at his own cost and expense.
If it is necessary to change or move the property of any owner or of a public utility,
such property shall not be moved or interfered with until authorized by the
ENGINEER. The right is reserved to the owner of any public utility to enter upon the
limits of the project for the purpose of making such changes or repairs of theft property
that may be made necessary by the performance of this contract.
ITEM 1.22 - CONTRACTORS RESPONSIBILITIES
SC-1.22.5
Amend the first sentence of Item 1.22.5 by adding the following at the beginning of the sentence:
"If requested by Owner, Engineer or Contractor".
ITEM 1.24 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY
SC-1.24.2.1
Add the following new Item 1.24.2.1 immediately after Item 1.24.2:
1.24.2.1
Should CONTRACTOR cause damage to the work or property of any separate
Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER,
ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall
promptly attempt to settle with such other Contractor by agreement, or to otherwise
resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent
permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and
Consulting Engineer harmless from and against all claims, damages, losses and
expenses (including, but not limited to, fees of engineers, architects, attorneys and
other professionals and court and arbitration costs) arising directly, indirectly or
consequentially out of any action, legal or equitable, brought by ally separate
Contractor against OWNER, ENGINEER or Consulting Engineer to the extent based
on a claim arising out of CONTRACTOR'S performance of the Work. Should a
separate Contractor cause damage to the work or property of CONTRACTOR or
should the performance of work by any separate Contractor at the site give rise to any
other claim, CONTRACTOR shall not institute any action, legal or equitable, against
OWNER, ENGINEER or Consulting Engineer or permit any action against any of
them to be maintained and continued in its name or for its benefit in any court or before
any arbiter which seeks to impose liability on or to recover damages from OWNER,
ENGINEER or Consulting Engineer on account of any such damage or claim. If
CONTRACTOR is delayed at any time in perfol-min~o or furnishin§ Work by any act or
neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree
as to the extent of any adjnslment in Contract Time atlxibutable thereto,
3-3 Standard Specifications
Supplementary Conditions
CONTRACTOR may make a claim for an extension of time in accordance with Item
1.36. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy
with respect to OWNER, ENGINEER and Consulting Engineer for any delay,
disruption, interference or hindrance caused by any separate Contractor.
ITEM 1.26 - INSURANCE
SC-1.26.6
Add the following new item:
1.26.6
If OWNER requests in writing that other special insurance be included in the property
insurance policy, CONTRACTOR shall, if possible, include such insurance, and the
cost thereof will be charged to OWNER by appropriate Change Order or Written
Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in
writing advise OWNER whether or not such other insurance has been procured by
CONTRACTOR.
SC-1.26.7
Add the following new item:
1.26.7 CONTRACTOR intends that any policies provided in response to Item 1.26 shall
protect all of the parties' insured and provide coverage for all losses and damages
caused by the perils covered thereby. Accordingly, all such policies shall col~tain
provisions to the effect that in the event of payment of any loss or damage the insurer
will have no rights of recovery against any of the parties named as insured or additional
insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR
will obtain the same.
ITEM 1.27 - MATERIALS AND WORKMANSHIP; WARRANTt~S AND GUARANT~:i*~S
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 AREAl COORDINATION WITH OTHIi'~R CONTRACTORS; FINAL
CLEANUP
SC-1.32.1
Delete Item 1.32.1 in its entirety and insert the following in lieu thereof:
"Construction stakes/surveying shall be provided by the CONTRACTOR. Verficad control has
been established as shown on the cousuuction plans. Horizontal control can be established from
3-4 Standanl ~pecifications
Supplementary Conditions
existing inlets, street intersections or other utilities indicated on the construction plans. The
Contractor shall be responsible for establishing all lines and grades, and the precise location of all
proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and
grades established by the Contractor to determine the conformance of the completed Work as it
progresses with the requirements of the construction documents. Such checking by the Engineer
shall not relieve the Contractor of his responsibility to perform all Work in connection with
Contract Drawings and Specifications and to the lines and grades given therein."
ITEM 1.33 - OTHER CONTRACTORS; OBLIGATION TO COOPERATE
SC-1.33
Delete the last sentence of the second paragraph and substitute the following in lieu thereof:
"In such event, Contractor shall be entitled to an extension of working time only for unavoidable
delays verified by the Engineers, as provided in Item 1.36; however, no increase in the contract
price shall be due the Contractor."
Insert the following sentence at the end of the second paragraph of Item 1.33:
"The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events
to minimize delay caused to the CONTRACTOR. No additional time shall be given to the
CONTRACTOR of such related work except as provided in Item 1.36."
ITEM 1.36 - DELAYS; EXTENSION OF TIME; LIQUIDATED DAMAGES
SC-1.36
Add the following at the end of the last paragraph in Item 1.36: "No extension of the contract
time shall be allowed unless the CONTRACTOR can demonstrate the delay caused an adverse
impact to the critical path and that loss of time can not be made up by revising thc sequence of file
work of the project."
ITEM 1.37 - CHANGE OR MODIFICATION OF CONTRACT
SC-1.37
1.37.1 Amend the last sentence in Paragraph two of Item 1.37.1 to delete the following "except
as provided below."
Add the following sentence to the end of paragraph two in Item 1.37.1.
"The unit price of an item of Unit Price Work shall be subject to re-evaluation and
adjuslment under thc following conditiom:
3-5 ~andard Specifications
_ Supplememary Conditions
ITEM 1.49 - OWNER'S, EMI~LOYEES OR AGENTS
SC-1.49-2
Replace Item 1.49.2 with the following new paragraph:
1.49.2 Conflict of Interest
City Charter states that no officer of the City shall have a financial interest, direct or
indirect, in any contract with the City, nor shall be financially interested, directly or
indirectly, in the sale to the City of any land, or rights or interest in any land, materials,
supplies or services. This prohibition does not apply when the interest is represented by
ownership of stock in a corporation involved, provided such stock ownership amounts to
less than one percent (1%) of the corporation stock. Any violation of this prohibition will
constitute malfeasance in office. Any officer or employee of the City found guilty thereof
should thereby forfeit his office or position. Any violation of this prohibition with the
knowledge, expressed or implied, of the persons or corporations contracting with the City
shall render the contract voidable by the City Manager or the City Council. The
Contractor represents that no employee or officer of the City has an interest in the
Contractor.
ITEM 1.58 - STATE AND LOCAL S~l.P-~ AND USE TAXES
SC-1.58
Delete Item 1.58 and substitute the following in lieu thereof:
1.58
Recent legislation has removed the sales tax exemption previously provided by Section
151.311 of the Tax Code covering ran?.ible personal property purchased by a contractor
for use in the performance of a contract for the improvement of City-owned realty.
It is still possible, however, for a contractor to make tax-free purchase of tangible personal
property, which will be incorporated into and become part of a City construction project
through the use of a "separated contract" with the City. A "separated contract" is one,
which separates charges for materials from charges for labor. Under such a contract, the
contractor becomes a "seller" of those materials, which are incorporated into the project,
such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in
lieu of paying the sales tax at the time such items are purchased. The contractor then
receives an exemption cetnificate from the city for those materials. (This procedure may
not be used, however, for materials, which do not become a part of the finished product.
3-6 Standard Specifications
_ Supplementary Conditions
PART H:
ITEM 2.1.5 -
For example, equipment rentals, form materials, etc. are not considered as becoming
"incorporated" into the project).
Utilization of this "separated contract" approach eliminates the need for bidders to figure
in sales tax for materials, which are to be incorporated into the project. The successful
bidder's bid form will be used to develop the "separated contract" and will determine the
extent of the tax exemption. Upon execution of the construction contract, the contractor
shall furnish a breakdown (per item) of 1) materials incorporated into the project; and 2)
labor, equipment, supervision and materials not incorporated into the project.
MATERIALS - DIVISION 2 MATERIALS
TRENCH BACKFILL:
Co) Types "B" and "C"
(4) Additional Requirements
(B) Additional Requirements for Type "C" backfill when used in streets: Insert the
following paragraph at the beginning of this subsection: "All trench backfill shall be
compacted to between 95 percent and 100 percent of Standard Proctor Density as
determined by ASTM D-698 at, or up to five (5) percentage points above, optimum
moisture content, ming mechanical compaction methods unless otherwise specified in the
Plans. Water jetting may be used only with specific written permL~sion of the Engineer."
ITEM 2.1.6 - RIPRAP OR STONE MASONRY:
(b) Materials and Dimensions
(4) Mortar Riprap. Add the sentence: Mortar or concrete, type shall be approved
by the Engineer and shall conform to A.S.T.M. C 387-83.
ITEM 2.1.7 - PIPE BEDDING MATERIAL FOR STORM SEWERS:
(a) General: Amend the first sentence, by striking the words "requirements for earth
bedding" and replace with "recommendations of the pipe manufacturer, and shall be
approved by the Engineer".
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 ADMIXTURe:
3-7 Standard Specifications
Supplementary Conditions
PART IH
ITEM 3.1.2 -
ITEM 3.7.3 -
(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.
CONSTRUCTION METHODS DMSION 3 - SITE PREPARATION
CONSTRUCTION METHODS:
Add the following sentence after the second sentence: The method of protection shall be
2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the
Engineer.
DENSITY:
Strike the first sentence and replace with the following: "Earth embedment and select
material shall be compacted to between 95 percent and 100 percent of Standard Proctor
Density as determined by ASTM D-698 at, or up to five (5) percentage points above,
optimum moisture content, using mechanical compaction methods, unless otherwise
specified in the Plans or Specifications."
PART III DMSION 4 - SUBBASE AND BASE COURSES
ITEM 4.8.4 - CONSTRUCTION METHODS:
(b) Compaction
Amend the last sentence of the first paragraph, by striking the words: "90 percent of the
maximum dry density of such material." and replace with the words "95 percent of the
maximum dry density of such material, or as directed by Engineer.
PART HI DIVISION 5 - PAVF3410~/S~ACE COURSES
ITEM 5.8.2 - CONSTRUCTION METHODS:
(e) Joints
(1) Expansion Joints: Delete the first paragraph and xvplace 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 redius at
street intersections. Expansion joints shall be equally spaced between intersections with
3-8 Standard Specifications
_ Supplementary Conditions
not less than one every 200 linear feet of pavement, unless otherwise specified on the
Plans or directed by the Engineer.
(C) Proximity to Existing Structures: Add to end of sentence, "or as directed by the
Engineer".
(2) Contraction Joints. Delete the first sentence of the first paragraph and insert the
following: "Contraction or dummy joints shall be sawed to 1-1/4 inches in depth, and
1/4 inch in width, and installed every 20 linear feet of pavement, and extend through
curb, unless otherwise directed by the Engineer."
(h) Finishing.
(1) Machine. Add the following paragraph at the end of this subsection: "Fog sprays
powered by pressure pumps, and capable of covering the entire area of freshly placed
concrete with a fine mist, shall be used if water is needed for finishing operations."
(2) Hand. Add a new paragraph after first paragraph which reads as follows: "Fog
sprays powered by pressure pumps, and capable of covering the entire area of freshly
placed concrete with a fine mist, shall be used if water is needed for fmkqhing
operations."
PART lIl DIVISION 6 - UNDERGROUND CONDUIT CONSTRUCTION
ITEM 6.2.9 - BACI4~'ILL:
(b) Compaction.
(2) Densities - Areas Not Subjected to or Influenced by Vehicular Traffic. Amend
the second sentence by striking the words "to a density comparable with adjacent
undisturbed material" and replacing with "to a density between 95 percent and 100
l~-rcent Standard Proctor Density as determined by ASTM D-698 at, or up to five (5)
percentage points above, optimum moisture content, unless otherwise specified in the
Plans or directed by the Engineer."
3-9 Standard Specifications
~ Supplementary Conditions
SECTION 4
SPECIFIC PROJECT
REQUIREMENTS
SPECIFIC PROJECT REQUIREMENTS
The construction specifications, which apply to this project, are the Standard Specifications for
Public Works Construction - North Central Texas Third Edition prepared through the North
Central Texas Council of Governments (NCTCOG). The following Specific Project
Requirements contain general and specific project requirements applicable to this project in the
City of Coppell. These individual specifications control for this project. Additional amendments
to the NCTCOG Standard Specifications are contained in Section 3 - Supplementary Conditions
to the Standard Specifications for Construction. In the event that an item is not covered in the
Project Drawings and these Specifications, then the City of Coppell Standard Construction
Details (Ord.#92-554), and Appendix 'C' Design Criteria and Standards in the City of Coppell
Subdivision Ordinance (Ord.#94-643 ~ shall apply.
In addition, reference to the following shall be considered as referring to the specifications or
Method of Test as set forth by these organizations and shall be considered as part of the
Specifications when referenced.
A.S.A.
A.S.T.M.
A.A.S.H.T.O.
A.C.I.
A.W.S.
A.W.W.A.
S.S.P.C.
N.E.M.A.
W.P.C.F.
TX. DOT
OSHA
TAS
ADA
S.S.P.W.C.N.C.T.
American Standards Association
American Society of Testing Materials
American Association of State Highway
& Transportation Officials
American Concrete Institute
American Welding Society
American Water Works Association
Steel Structures Painting Council, Federal
Specifications Treasury Department
Underwriters Laboratories
National Electrical Manufacturers Association
Water Pollution Control Federation
Texas Department of Transportation
Occupational Safety and Health Administration
Texas Accessibility Standards
Americans with Disabilities Act
Standard Specifications for Public Works
Construction North Central Texas
4-1 Specific Project Requirements
1.1 OWNER: The "Owner" as referred to in these Specifications is the City of Coppell,
P.O. Box 478, Coppell, Texas 57019.
1.2
ENGi31EER: The "Engineer" as referred to in these Specifications is the City Engineer,
City of Coppell, Engineer of the Owner, or such other representatives as may be
authorized by said owner to act in any particular position.
1.3
CITY OF COPPELL: All improvements described in this Proposal and Construction
Drawings shall be done in accordance with the Project Drawings and Specifications. In
the event that an item is not covered in the Project Drawings and Specifications, then the
Standard Specifications for Construction for the City of Coppell, Texas shall apply.
1.4
SITE: The Contractor shall limit his work to the area shown on the Project Drawings as
within the street right-of-way. Entrance onto private property shall be at the expressed
approval of the ENGINEER, only.
1.5
PROJECT DESCRIPTION: This Contract consists of the construction of water
improvements on Denton Tap Road 16-Inch Water Line, (Airline Drive to Bethel Road)
Project No. WA-97-01, Bid No.Q-0805-02.
1.6
CALENDAR DAY COUNT: Calendar days shall be counted by the Engineer on the
basis of the definition set out in the General Conditions of Agreement.
The calendar day count shall be suspended upon receipt by the Engineer of a written
request for final inspection. The calendar day count shall resume upon receipt by the
Contractor of a written list of items necessary to satisfactorily complete the project. This
process shall continue until such time as the project is accepted by the Engineer, and the
Owner. The calendar day count will not be suspended or otherwise affected by use of
completed portions or "substantial completion" of any of the project.
1.7
SAFETY PRECAUTIONS: The Contractor shall comply with all applicable laws
including the Occupational Safety and Health Act of 1970, ordinances, rules, regulations
and order of any public authority having jurisdiction for the safety of persons or property
to protect them fi.om damage, injury or loss. He shall erect and maintain, as required by
existing conditions and progress of the work, all reasonable safeguards for safety and
protection, including posting danger signs and other warnings against ha?ards,
promulgating safety regulations and notifying owners and users of adjacent utilities.
1.8
SOIL INVESTIGATION: A geotechnical investigation report has not been prepared.
The Contractor shall visit the site and acquaint himself with the site conditions.
1.9
SURVEY AND FINISIIED GRADES: The Contractor shall be responsible for
installation of the water lines to plus or minus 0.1 O-foot of the elevations shown on the
construction plans.
4-2 Specific Project Requirements
1.10
1.11
1.12
1.13
1.14
Horizontal and vertical control is provided by the owner as shown on the plans. The
Contractor shall be responsible for layout and staking of all grades and lines for
construction. The Contractor shall preserve all stakes or markings until authorized by the
Engineer to remove same. The Contractor shall bear the cost of re-establishing any
control or construction stakes destroyed by either him or a third party and shall assume
the entire expense of rectifying work improperly constructed due to failure to maintain
established points and marks.
No separate payment shall be made to the Contractor for construction staking which shall
be considered incidental to the project and payments made under specific Pay Items shall
be considered as full compensation for these requirements.
CONFORMITY WITH DRAWINGS: All work shall conform to the lines, grades,
cross-sections, and dimensions shown on the Drawings. Any deviation from the
Drawings which may be required by the exigencies of construction will be determined by
the Engineer and authorized by him in writing.
TESTING LABORATORY SERVICE: The Owner shall make arrangements with an
independent laboratory acceptable for all testing as required by the construction plans and
standard specifications. The Contractor shall bear all related costs of retests, or
reinspections. The Contractor shall notify the ENGINEER in a timely manner of when
and where tests or inspections are to be made so that they may be present. One copy
shall be provided to the Contractor of all reports and laboratory test results. Testing by
the City does not alleviate the contractors' responsibility for his own quality
assurance/quality control testing. Passing tests on any portion of the work does not
relieve the Contractor of his responsibility under the terms of this contract for the entire
project. Contractor shall replace any deficient construction items.
SUSPENSION OF WORK: If the work should be stopped or suspended under any
order of the court, or other public authority, the Owner may at any time during
suspension upon seven days written notice to the Contractor, terminate the Contract. In
such an event, the Owner shall be liable only for payment for all work completed plus a
reasonable cost for any expenses resulting from the termination of the Contract, but such
expenses shall not exceed $5,000.
PRESERVATION OF TREES: Permission of the Engineer must be obtained for
removal of trees on the property that obstruct the installation of the improvements as
outlined in this project. Penalty for destruction of a tree without permission shall be
$500.00 each payable to the Owner. If damage is continuous, tree guards shall be
erected when so directed by the Engineer at the Contractor' s expense.
COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all
times, as his agent, a competent Superintendent capable of reading the plans and
specifications and thoroughly experienced in the type of work being performed. The
Superintendent shall have full authority to execute orders or directions and to promptly
4-3 Specific Project Requirements
supply such materials, equipment, tools, labor and incidentals as may be required. Such
superintendence shall be furnished irrespective of the amount of work contracted.
The Superintendent and the Contractor shall be responsible for supervision of all work
performed by the subcontractor at all times during construction.
WARNING DEVICES: The Contractor shall have the responsibility to provide and
maintain all warning devices and take all precautionary measures required bylaw to
protect persons and property while said persons or property are approaching, leaving or
within the work site or any area adjacent to said work site. No separate compensation
will be paid to the Contractor for the installation or maintenance of any warning devices,
barricades, lights, signs or any other precautionary measures required by law for the
protection of persons or property.
The Contractor shall assume all duties owned by the City of Coppell to the general public
in connection with the general public's immediate approach to and travel through the
work site and area adjacent to said work site.
Where the work is carried on, in, or adjacent to, any street, alley, sidewalk, public right-
of-way or public place, the Contractor shall at his own cost and expense provide such
flagmen and watchmen and furnish, erect and maintain such warning devices, barricades,
lights, signs and other precautionary measures for the protection of persons or. property
as are required by law. The Contractor shall submit a traffic control plan to be reviewed
by the City prior to the beginning of work. No lane shall be barricaded before 9:00 a.m.
or after 4:00 p.m. The Contractor's responsibility for providing and maintaining
flagmen, watchmen, warning devices, barricades, signs, and lights, and other
precautionary measures shall not cease until the project shall have been accepted.
If the Engineer discovers that the Contractor has failed to comply with the applicable
federal and state law (by failing to furnish the necessary flagmen, warning devices,
barricades, lights, signs or other precautionary measures for the protection of persons or
property), the Engineer may order such additional precautionary measures as required by
law to be taken to protect persons and property, and shall be reimbursed by the
Contractor for any expense incurred in ordering such additional precautionary measures.
In addition, the Contractor will be held responsible for all damages to the work and other
public or private property due to the failure of warning devices, barricades, signs, lights,
or other precautionary measures in protecting said property, and whenever evidence is
found of such damage, the Engineer may order the damaged portion immediately
removed and replaced by and at the cost and expense of the Contractor. If the damages
are not corrected in a timely fashion, then the City shall have the right to repair the
damage and charge the cost back to the Contractor. All of this work is considered
incidental and shall not be separate pay item.
4-4 Specific Project Requirements
The Contractor shall obtain approval from TxDOT for his traffic control and barricade
plan along the Frontage Road to S. H. 121.
1.16 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY:
1.17
1.18
Prior to any excavation, the Contractor shall determine the locations of all
existing water, gas sewer, electric, telephone, telegraph, television, and other
underground utilities and structures.
After commencing the work, use every precaution to avoid interferences with
existing underground and surface utilities and structures, and protect them from
damage.
Where the locations of existing underground and surface utilities and structures
are indicated, these locations are generally approximate, and all items which may
be encountered during the work are not necessarily indicated. The Contractor
shall determine the exact locations of all items indicated, and the existence and
locations of all items not indicated.
The Contractor shall repair or pay for all damage caused by his operations to all
existing utilities, public property, and private property, whether it is below
ground or above ground, and he shall settle in total cost of all damage suits which
may arise as a result of this operations.
To avoid unnecessary interferences or delays, the Contractor shall coordinate all
utility removals, replacements and construction with the appropriate utility
company.
DRAINAGE: The Contractor shall maintain adequate drainage at all times.
PROJECT MAINTENANCE: The Contractor shall maintain, and keep in good repair,
the improvements covered by these plans and specifications during the life of the
contract.
1.19
CLEANUP:
During Construction. The contractor shall at all times keep the job site as free from all
material, debris and rubbish as is practicable and shall remove same from any portion of
the job site when it becomes objectionable or interferes with the progress of the project.
Final. Upon completion of the work, the Contractor shall remove from the site all plant,
materials, tools and equipment belonging to him and leave the site with an appearance
acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all
4-5 Specific Project Requirements
1.20
1.21
1.22
1.23
1.24
1.25
equipment and materials installed by him and shall deliver over such materials and
equipment in a bright, clean, polished and new-appearing condition.
INSPECTION: The word "Inspection" or other forms of the word, as used in the
contract documents for this project shall be understood as meaning an Owner' s agent will
observe the construction on behalf of the Owner. The agent will observe and check the
construction in sufficient detail to satisfy himself that the work is proceeding in general
accordance with the contract documents, but he will not be a guarantor of the
Contractor' s performance.
DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps,
slashings, brush or other debris removed from the site as a preliminary to the
construction shall be removed fi.om the property. Any required burning and disposal
permits shall be the sole responsibility of the Contractor.
All excavated earth in excess of that required for backfilling shall be removed from the
job site and disposed of in a satisfactory manner.
WATER FOR CONSTRUCTION: The Contractor shall make the necessary
arrangement for securing and transporting all water required in the construction,
including water required for mixing of concrete, sprinkling, testing, flushing, flooding,
or jetting. The Contractor shall provide water as required at his own expense.
GUARANTEE: All work shall be guaranteed against defects resulting from the use of
inferior materials, equipment or workmanship for a period of two (2) years from the date
of final completion and acceptance of the project.
Addenda: Bidders desiring further information or interpretation of the plans and
specifications must make request for such information to the Engineer prior to forty-eight
(48) hours before the bid opening. Answers to all such requests will be given in writing
to all bidders in addendum form and all addenda will be bound with and made a part of
the contract documents. No other explanation or interpretation will be considered official
bor binding, any addenda issued prior to twenty-four (24) hours before the opening of
bids will be mailed or delivered to each Contractor contemplating the submission of a
proposal on this work. The proposal as submitted by the Contractor will be so
constructed as to include any addenda if such are issued by the Engineer prior to twenty-
four (24) hours before the opening of bids.
Fences and Drainage Channels: Boundary fences, gates or other improvements
removed to permit this construction shall be replaced in the same location and left in a
condition as good as or better than that in which they were found.
Where surface drainage channels are disturbed or blocked during construction, they shall
be restored to their original condition of grade and cross section after the work of
construction is completed.
4-6 Specific Project Requirements
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
1.1 GENERAL:
Contractor to submit Shop Drawings, Product Data and Samples as required by
the Contract Documents and as specified in other sections of the specifications.
1.2 SHOP DRAWINGS:
As soon as practicable after contract award, submit to the Engineer, for review,
the required number of bound copies of shop drawings of all items as specified in
the various sections of these specifications, accompanied by letters of transmittal.
Shop drawings shall include: Manufacturer's catalog sheets and/or descriptive
data for materials and equipment; showing dimensions, performance
characteristics, and capacities and other pertinent information as required to
obtain approval of the items involved.
No work requiring shop drawings will be executed until review and acceptance of
such drawings has been obtained.
1.3 PRODUCT DATA:
1.4
1.5
Preparation:
1. Clearly mark each copy to identify pertinent products or models.
2. Show performance characteristics and capacities.
3. Show dimensions and clearances required.
Manufacturers standard schematic drawing sand diagrams:
1. Modify drawings and diagrams to delete information which is not
applicable to the work.
2. Supplement standard information to provide information specifically
applicable to the work.
SAMPLES: Provide samples as indicated in other parts of these specifications.
CONTRACTOR RESPONSIBILITIES:
A. Review Shop Drawings and Product Data prior to submission.
Determine and verify:
1. Field measurements.
2. Field construction criteria.
3. Catalog numbers and similar data.
4-7 Specific Project Requirements
1.6
4. Conformance with specifications.
Coordinate each submittal with requirements of the work and of the Contract
Documents.
Begin no work which requires submittals until return of submittals with
Engineer' s review.
Eo
Keep one (1) approved copy of shop drawings or product data at job site at all
times.
SUBMISSION REQUIREMENTS:
Make submittals promptly and in such sequence as to cause no delay in the work
or in the work of any other contractor.
Number of submittals required:
1. For shop drawings and product data: Submit the number of copies which
the contractor requires, plus four which will be retained by the Engineer.
Submittals shall contain:
1. The date of submission and the dates of any previous submissions.
2. The project title.
3. The names off
a. Contractor
b. Supplier
c. Manufacturer
4. Identification of the product.
5. Field dimensions, clearly identified as such.
6. Relation to adjacent or critical features of the work or materials.
7. Applicable standards, such as ASTM or Federal Specification numbers.
8. Identification of deviations fi.om Contract Documents.
9. Identification of revisions on resubmittals.
10. Contractor's stamp, initialed or signed, certifying to review of submittal,
verification of products, field measurements and field construction criteria,
and a\coordination of the information within the submittal with
requirements of the work and of Contract Documents.
11. Fabrication and erection drawings lists and schedules.
12. Basis of design and design calculations signed and sealed by a registered
professional engineer.
13. Seal and signature of a register engineer on all structural submittals.
D. REVIEW:
4-8 Specific Project Requirements
1.7
Shop drawing and product data information review will be general. Such
review will not relieve the contractor of any responsibility and work
required by the Contract~
Satisfactory shop drawings will be so designated and all sets, except four
(4), returned to the Contractor. Rejected shop drawings will be so
designated and all sets except two (2) will be returned to the Contractor,
with indications of the required corrections and changes.
Rejected shop drawings will be corrected and resubmitted to the Engineer
for Acceptance.
RESUBMISSION REQUIREMENTS:
Make any corrections or changes in the submittals required by the Engineer and
resubmit until accepted.
Shop Drawings and Product Data:
1. Revise initial drawings or dam, and resubmit as specified for the initial
submittal.
2. Indicate any changes which have been made other than those requested by
the Engineer.
1.8 ENGINEER'S RESPONSIBILITIES:
Review submittals with reasonable prompmess.
Affix stamp and initials or signature, and indicate requirements for resubmittal, or
acceptance of submittal.
Return submittals to Contractor for distribution, or for resubmission.
1.9 MINIMUM LIST OF SUBMITTALS:
C.
D.
E.
F.
G.
H.
I.
J.
Waterline Materials
1. PVC
2. Ductile Iron
Gate Valves
Blow Off Valves
Ak Release Valve
Fire Hydrant Assembly
Portland Cement Concrete
Brick Screen Wall Materials
Trench Safety Plan - Engineered Design
SWP3
Traffic Control Plan
4-9 Specific Project. Requirements
SECTION 5
DESCRIPTION OF PAY ITEMS
DESCRIPTION OF PAY ITEMS
This section includes comments concerning various Pay Items so that the Contractor can fully
understand the scope of work involved in the Pay Items.
Construction No Pay Items:
All work necessary for the orderly completion of the project, but not specifically
included as a pay item in the Proposal, shall be considered subsidiary to the Contract
and no separate or additional payment will be made therefore. For example, there shall
be no separate payment for the following: (a) Disinfection and hydrostatic testing of the
water line and appurtenances, Co) Any curb, gutter or valley gutter replacement
necessitated by damage during construction (not included in Bid Item 29), (c) Removal
and replacement of any signs, (d) Any blocking necessary for change in pipe direction,
(e) Any relocation or reconnectiun of existing fire hydrants, (f) Old valve removal.
Construction Pay Items:
Pay items as listed in the proposal shall be measured and paid for in accordance with the
applicable measurement and payment paragraphs of the North Central Texas Council of
Governments "Standard Specifications for Public Works Construction", unless modified
by the General Provisions.
2.1
Pay Item #1 Mobilization and Demobilization:
This item shall include consist of the mobilization for the construction of the project.
It also includes procuring appropriate bonds and insurance, providing two (2) project
signs (located on site as determined by the City of Coppell Inspector) and any and all
mobilizations and demobilizations associated with the project.
2.2
Measurement and payment shall be as follows: one-half the mobilization and
demobilization shall be paid with the first pay estimate after the initial mobilization
and the installation of project signs has taken place. On all subsequent pay estimates,
measurement and payment shall be prorated on the basis of the percent complete of
the project plus the initial 50% (i.e. when the pay estimate reflects 40% of the total
contract amount, then the contractor will be paid the initial 50% of the mobilization
lump sum plus 40% of the remaining 50% of the mobilization lump sum which is
70% of the total lump sum for mobilization). Payment shall be total compensation for
furnishing all labor, material and equipment necessary to complete this work.
Pay Item //2 Furnish and Install 16-Inch PVC Waterline by Open Cut
wfEmhedment:
This it~n ~ho!l include furnishing and installing 16-inch PVC water pipe (AWWA
C905, DR-21)~by open cut with embedment, at the locations shown on the Plans.
Measurement and payment shall be made on the basis of the bid price per linear foot
(L.F.) and shall be the total compensation for furnishing all labor, materials and
equipment necessary to complete the work, including excavation, embedment,
blocking, polyethylene wrap, thrust restraints, backfill, testing and disinfection as
delineated by the Plans.
5-1 Description of Pay Items
2.3
2.4
2.5
2.6
Pay Item //3 Furnish and Install Concrete Encasement as a Substitute for the
Embedment Included in Item
This item shall include furnishing and installing concrete embedment to meet the
standards of the City of Coppell in open cut applications as shown on the plans. This
is the net cost of concrete encasement where shown as substituted for embedment on
the plans.
Measurement and payment shall be made on the basis of the bid price per linear foot
(L.F.) and shall be the total compensation for furnishing all labor, materials and
equipment necessary to complete the work, including excavation, embedment,
blocking, polyethylene wrap, thrust restraints, baclctill, testing and disinfection as
delineated by the Plans.
Pay Item #4 Furnish and Install 16-1rich PVC Waterline by other thnn Open Cut
w/Casing:
This item shall include furnishing and installing 16~ PVC water pipe (AWWA C905,
DR-21) with steel encasement by other than open cut, at the locations shown on the
Plans.
Measurement and payment shall be made on the basis of the bid price per linear foot
(L.F.) and shall be the total compensation for furnishing all labor, materials and
equipment necessary to complete the work, including excavation of bore pits,
blocking, polyethylene wrap, thrust restraints, backfill, testing and disinfection as
delineated by the Plans.
Pay Item #5 Furnish and Install 10-Inch PVC Waterline by Open Cut
w/Embedment:
This item shall include furnishing and installing 10-inch PVC water pipe (AWWA
C900, Class 200, DR-14) by open cut with ernbedment, at the locations shown on the
Plans.
Measurement and payment shall be made on the basis of the bid price per linear foot
(L.F.) and shall be the total compensation for furnishing all labor, materials and
equipment necessary to complete the work, including excavation, embedment,
blocking, polyethylene wrap, thrust restraints, backfill, testing and disinfection as
delineated by the Plans.
Pay Item //6 Furnish and Install 8-1rich PVC Waterline by Open Cut
w/l~mbedment:
This item shall include furnishing and installing 8-inch PVC water pipe (AWWA
C900, Class 200, DR-14) by open cut with embedment, at the locations shown on the
Plans.
Measurement and payment shall be made on the basis of the bid price per linear foot
(L.F.) and shall be the total compensation for furnishing all labor, materials and
equipment necessary to complete the work, including excavation, embedment,
blocking, polyethylene wrap, thrust restraints, backfill, testing and disinfection as
delineated by the plans.
Description of Pay Items
2.7
2.8
2.9
2.10
2.11
Pay Item/f'/Furnish and Install 8-Inch PVC Waterline by other than Open Cut
w/Casing:
This item shall include furnishing and installing 8-inch PVC water pipe (AWWA
C900, Class 200, DR-14) with steel encasement by other than open cut, at the
locations shown on the plans.
Measurement and payment shall be made on the basis of the bid price per linear foot
(L.F.) and shall be the total compensation for furnishing all labor, materials and
equipment necessary to complete the work, including excavation, embedment,
blocking, polyethylene wrap, thrust restraints, backfill, testing and disinfection as
delineated by the Plans.
Pay Item //8 Furnish and Install 6-Inch PVC Waterline by Open Cut
w/Embedment:
This item is for furnishing and installing 6-inch PVC water pipe (AWWA C900, Class
200, DR-14) by open cut with embedment, at the locations shown on the Plans.
Measurement and payment shall be made on the basis of the bid price per linear foot
(L.F.) and shall be the total compensation for furnishing all labor, materials and
equipment necessary to complete the work, including excavation, embedment,
blocking, polyethylene wrap, thrust restraints, backfill, testing and disinfection as
delineated by the Plans.
Pay Item//9 Furnish and Install 2-Inch PVC Waterline by Open Cut to Restore
Irrigation Line Service:
This item is for furnishing and installing 2-inch PVC water pipe (Class 200, IPS
Plastic Pipe) by open cut with embedment, the locations shown on the Plans.
Measurement and payment shall be made on the basis of the bid price per linear foot
(L.F.) and shall be the total compensation for furnishing all labor, materials and
equipment necessary to complete the work, including excavation, embedment,
blocking, polyethylene wrap, thrust restraints, backfill, testing and disinfection as
delineated by the Plans.
Pay Item #10 Furnish and Install 16-Inch Gate Valve:
This item is for furnishing and installing 16-inch gate valves (AWWA C500) at the
locations shown on the Plans.
Measurement and payment shall be made on the basis of the bid price per each (Ea.)
and shall be the total compensation for furnishing all labor, materials and equipment
necessary to complete the work.
Pay Item #11 Furnish and Install 8-Inch Gate Valve:
This item is for furnishing and installing 8-inch gate valves (AWWA C500) at the
location shown on the Plans.
Measurement and payment shall be made on the basis of the bid price per each (Ea.)
and shall be the total compensation for furnishing all labor, materials and equipment
necessary to complete the work.
Description of Pay Items
2.12
2.13
2.14
2.15
2.16
Pay Item//12 Furnish and Install 6-Inch Gate Valve:
This item is for furnishing and installing 6-inch gate valves (AWWA C500) at the
locations shown on the Plans.
Measurement and payment shall be made on the basis of the bid price per each (Ea.)
and shall be the total compensation for furnishing all labor, materials and equipment
necessary to complete the work, including excavation and backfill as delineated by the
Plans.
Pay Item #13 Furnish and Install Standard Fire Hydrant:
This item shall consist of furnishing and installing fire hydrants as per the City of
Coppell's General Design standards at the locations shown on the Plans.
Measurement and payment shall be made on the basis of the bid price per each (Ea.)
and shall be the total compensation for furnishing all labor, materials and equipment
necessary to complete the work, including excavation and backfill as delineated by the
Plans.
Pay Item #14 Remove and Salvage Existing Fire Hydrants; Valve and
Appurtenances:
This item shall include removal and salvage of fire hydrants, valves and appurtenances
as per the City of Coppell's General Design Standards at the locations shown on the
Plans. (See Plan Note 25).
Measurement and payment shall be made on the basis of the bid price per each (Ea.)
and shall be the total compensation for furnishing all labor, materials and equipment
necessary to complete the work, including excavation, and backfill to meet City of
Coppell Standards, and delivery of salvaged items to the City appointed location.
Pay Item #15 Furnish and Install 2-Inch Air and Vacuum Release Valve and
Vault:
This item is for furnishing and installing 2-inch air and vacuum release valves
(AWWA C572), including all necessary fittings and the appropriate vault at the
locations shown on the Plans and in accordance with the City of Coppell's Standard
Details.
Measurement and payment shall be made on the basis of the bid price per each (Ea.)
and shall be the total compensation for furnishing all labor, materials and equipment
necessary to complete the work, including excavation and backfill as delineated by the
Plans.
Pay Item #16 Provide Connections to Existing 24-1nch or 16-1nch RCCP Water
Line:
This item shall consist of making a connection to the existing 24-inch RCCP at Sta.
15+82 and a connection to the existing 16-inch RCCP at Sta. 40+10 as shown on the
Plans. This item may include the subcontract to Hansen Pipe or another qualified
vendor and shall meet all the water quality standards and requirements of the TCEQ
and the City of Coppell.
Description of Pay Items
Measurement and payment shall be made on the basis of the bid price per each (Ea.)
and shall be the total compensation for furnishing all labor, materials and equipment
necessary to complete the work, including excavation and backfill as delineated by the
Plans.
2.17 Pay Item//17 Provide Connection to Existing 12-Inch or 10-Inch Water Line:
This item shall consist of making a connection to the existing 12-inch and 10-inch
waterline as shown on the Plans. Connection procedure shall meet all the water
quality standards of the TCEQ and the City of Coppell..
Measurement and payment shall be made on the basis of the bid price per each (Ea.)
and shall be the total compensation for furnishing all labor, materials and equipment
necessary to complete the work, including excavation and backfill as delineated by the
Plans.
2.18 Pay Item//18 Provide Connection to Existing 8-Inch or 6-Inch Water Line:
This item shall consist of making a connection to the existing 8-inch and 6-inch
waterline as shown on the Plans. Connection procedure shall meet all the water
quality standards of the TCEQ and the City of Coppell.
Measurement and payment shall be made on the basis of the bid price per each (Ea.)
and shall be the total compensation for furnishing all labor, materials and equipment
necessary to complete the work, including excavation and backfill as delineated by the
Plans.
2.19 Pay Item #19 Provide Connection to Existing 2-Inch Water Line, Including 2-1nch
Tapping Saddle, 2-Inch Corporation Stop and all Appurtenances:
This item shall consist of making a connection to the existing 2-inch waterlines as
shown on the Plans. Connection procedures shall meet all the water quality standards
of the TCEQ and the City of Coppell.
Measurement and payment shall be made on the basis of the bid price per each (Ea.)
and shall be the total compensation for furnishing all labor, materials and equipment
necessary to complete the work, including excavation and backfill as delineated by the
Plans.
Pay Item//20 Furnish and Install 2A-Inch x 16-Inch Tapping Sleeve and Valve:
This item is for furnishing and installing 24-inch x 16-inch tapping sleeve and 16-inch
tapping valve (NCTCOG item 2.13-1(r) and AWWA Standard Specifications) at the
location shown on the Plans.
Measurement and payment shall be made on the basis of the bid price per each (Ea.)
and shall be the total compensation for furnishing all labor, materials and equipment
necessary to complete the work, including excavation and backfill as delineated by the
Plans.
$. ~ Description of Pay Items
2.21
2.22
2.23
2.25
Pay Item g21 Furnish and Install 16-Inch x 16-Inch Tapping Sleeve and Valve:
This item is for furnishing and installing 16-inch x 16-inch tapping sleeve and 16-inch
tapping valve (NCTCOG item 2.13-1(r) and AWWA Standard Specifications) at the
location shown on the Plans,
Measurement and payment shall be made on the basis of the bid price per each (Ea.)
and shall be the total compensation for furnishing all labor, materials and equipment
necessary to complete the work, including excavation and backfill as delineated by the
Plans.
Pay Item//22 Furnish and Install 12-Inch x 12-1nch Tapping Sleeve and Valve:
~hL~itojla_~ for furnishing and installing 12-inch x 12-inch tapping sleeve and 12-inch
c(~pf~g val~ (NCTCOG item 2.13-1(r) and AWWA standard Specifications) at the
~'~Io~libwn on the Plans.
Measurement and payment shall be made on the basis of the bid price per each (Ea.)
and shall be the total compensation for furnishing all labor, materials and equipment
necessary to complete the work, including excavation and backfill as delineated by the
Plans.
Pay Item g23 Furnish and Install 10-Inch x 10-Inch Tapping Sleeve and Valve:
This item is for furnishing and installing 10-inch x 10-inch tapping sleeve and 10-inch
tapping valve (NCTCOG item 2.13-1(r) and AWWA Standard Specifications) at the
location shown on the Plans.
Measurement and payment shall be made on the basis of the bid price per each (Ea.)
and shall be the total compensation for furnishing all labor, materials and equipment
necessary to complete the work, including excavation and backfill as delineated by the
Plans.
Pay Item g24 Furnish and Install 8-Inch x 8-Inch Tapping Sleeve and Valve:
This item is for furnishing and installing 8-inch x 8-inch tapping sleeve and 8-inch
tapping valve (NCTCOG item 2.13-1(r) and AWWA Standard Specifications) at the
location shown on the Plans.
Measurement and payment shall be made on the basis of the bid price per each (Ea.)
and shall be the total compensation for furnishing all labor, materials and equipment
necessary to complete the work, including excavation and backfill as delineated by the
Plans.
Pay Item P_3 Furnish and Install Ductile Iron Fittings with Megalugs:
This item shall consist of furnishing and installing all ductile-iron fittings (AWWA
Cl11) with megalugs (be~n_ds, t~es, and reducers) whether shown on the Plans or not
Measurement and payment shall be made on the basis of the bid price per pound
(Lbs.) and shall be the total compensation for furnishing all labor, materials and
equipment necessary to complete the work, including blocking, thrust harness,
polyethylene wrap, excavation, embedment and backfill.
5-6 Description of Pay Items
2.26
Pay Item//26 Abandon and Plug Existing 8-1nch and 2-Inch Water Lines:
This item shall consist of abandoning and plugging all 8-inch and 2-inch waterlines
once they are removed from service along the alignment.
Measurement and payment shall be made on the basis of the bid price per lump sum
(L.S.) and shall be the total compensation for furnishing all labor, materials and
equipment necessary to abandon and plug the line in accordance with the City of
Coppell's Standards over the entire project alignment.
2.27
Pay Item//'27 Full Depth Concrete Sawcut:
This item shall consist of the full depth sawcutting of existing concrete or asphalt
street pavement, driveways and sidewalks as delineated by the Plans.
Measurement and payment shall be made on the basis of the bid price per linear foot
(L.F.) and shall be the total compensation for furnishing all labor, materials and
equipment necessary to complete the work, as delineated by the Plans.
Pay Item g28 Remove and Replace Concrete Pavement:
This item shall include removal and replacement of concrete pavement at the locations
shown on the Plans. Finished pavement shall be constructed of reinforced Portland
cement concrete on the prepared subgrade to the typical sections, lines, and grade
provided in the Plans in conformity with the City of Coppell's General Design
Standards and Details.
2.29
Measurement and payment shall be made on the basis of the bid price per square yard
(S.Y.) and shall be the total compensation for furnishing all labor, materials and
equipment necessary to complete the work as delineated by the Plans.
Pay Item//29 Remove and Replace Monolithic Concrete Curb and Gutter:
This item shall include the removal and construction of monolithic concrete curb and
gutter along the edge of pavement as an integral part of the pavement, of the same
type of concrete to the dimensions as shown on the Plans and the City of Coppell's
General Design Standards.
Measurement and payment shall be made on the basis of the bid price per linear foot
(L.F.) and shall be the total compensation for furnishing all labor, materials and
equipment necessary to complete the work, as delineated by the Plans.
Pay Item//30 Remove and Replace Existing Bushes or Trees:
This item shall include the removal of bushes and trees in the path of open cut
excavation.
Measurement and payment shall be made on the basis of the bid price per each (Ea.)
and shall be the total compensation for furnishin~ all labor, materials and equipment
necessary to complete the work, including excavation and backfill as delineated by the
Plans.
5-7 Description of Pay Items
2.31
2.32
Pay Item//31 Extra Sand for Embedment:
This item is for furnishing and placing extra sand not called for on the plans. This
item is only to be used at the written direction of the City of Coppell and is included
to provide for contingencies not anticipated in the plans.
Measuremem and payment shall be made on the basis of the bid price per cubic yard
(C.Y.) and shall be the total compensation for furnishing all labor, materials and
equipment necessary to complete the work.
Pay Item//32 Furnish, Install and Maintain Solid Block Sod:
This item is for furnishing, installing and maint,,ining solid block sod over a 6-foot
width along the alignment of the waterline installation by open cut and over a 15-foot
width for the length of each bore pit as shown on the plans. This installation and
maintenance shall be in conformance with the City of Coppell's General Design
Standards and Details.
2.33
Measurement and payment shall be made on the basis of the bid price per square yard
(S.Y.) and shall be the total compensation for furnishing all labor, materials and
equipment necessary to complete the work.
Pay Item//33 Furnish and Install City of Coppell's Utilities Marker:
This item shall consist of the fabrications, procurement and installation of Utility
Markers at each end of the proposed waterline as it crosses the DART Right-Of-Way.
Each marker shall be a 12-inch x 12-inch aluminum sheet fastened to a metal post and
embedded in concrete. The marker will meet both City of Coppell and DART
requirements.
Measurement and payment shall be made on the basis of the bid price per each (Ea.)
and shall be the total compensation for furnishing all labor, materials and equipment
necessary to complete the work.
Pay Item//34 Furnish Trench Safety Design:
This item shall consist of the Trench Safety Plan and
Professional Engineer licensed with the State of Texas
system designed by
Measure and payment shall be on the basis of the bid price per lump sum (L.S.) and
shall be the total compensation for furnishing all labor, field investigation and
reconnaissance work to prepare the engineering report for submittal.
2.35
Pay Item//35 Install and Maintain Trench Safety plnn and System:
This item shall consist of installation, maintenance and removal of the trench safety
system for installation of all water lines, bore pits and project appurtenances.
Measurement and payment shall be made on the basis of the bid price per linear foot
(L.F.) and shall be the total compensation for furnishing all labor, materials and
equipment necessary to complete the work, as delineated by the Plans.
Description of Pay Items
2.36
Pay Item//36 Furnish, Install, Maintain and Remove Erosion Control Devices:
This project will be subject to the Texas Commission on Environmental Quality's
(TCEQ) requiremems for construction. Under the Texas Pollutant Discharges
Elimination System (TPDES) construction general permit (TXR150000), an operator
of a construction site who will disturb one (1) or more acres is required to obtain a
permit for the discharge of storm water runoff. The contractor is required to develop
and implemem a single comprehensive site specific Storm Water Pollution Prevention
Plan (SWP3) for the emire construction site. Depending on the size of the activity,
the Owner and the Contractor shall independently submit an NOI to the TCEQ or post
a notice on-site. The SWP3 must describe and ensure the implementation of practices
that will be used to reduce the pollutants in storm water discharges associated with
construction activity and assure compliance with the terms and conditions of the
permit. The SWP3 shall be subject to approval by the City. The SWP3 must be
retained on-site or notice must be posted if the SWP3 is retained off-site.
2.37
Measurement and payment shall be made on the basis of the price bid per lump sum
(L.S.) to pay the contractor for the preparation and implementation of the SWP3,
including any necessary revisions throughout the duration of the construction contract,
and for providing the physical erosion/pollution control measures throughout the
duration of the construction contracts as delineated in the approved SWP3.
Pay Item//37 Furnish, Install and Maintn!p Troffic Control Plan and Devices:
This item shall include furnishing, installing and maintaining temporary traffic signs
in accordance with Texas Manual of Uniform Traffic Control Devices.
2.38
Measurement and payment shall be made on the basis of the bid price per lump sum
(L.S.) and shall be the total compensation for furnishing all labor, materials and
equipment necessary to prepare the traffic control plan and complete the installation of
the temporary traffic control devices and flagmen.
Pay Item g'38 Furnish and In~all Sanitary Sewer by Other Than Open Cut as
shown on Sheet 10 of the Plans:
This item shall consist of installation of an 8-inch PVC (ASTM D3034 - SDR 26)
encased in a 16-inch, 3/8-inch thick steel easing and connection to the existing
manhole by boring methods, and shall include all appurtenance and the restoration of
pavement and grass to at least existing conditions.
Measurement and payment shall be made on the basis of the bid price per lump sum
(L.S.) and shall be the total compensation for furnishing all labor, materials and
equipment necessary to prepare the traffic control plan and complete the installation of
the temporary traffic control devices and flagmen.
Description of Pay Items
Testing And Chlorination Of Water Pipe
All waterlines installed by this contract shall be tested and claorinated in accordance
with standard City procedures and requirements. Contractor shall furnish and install
all taps for testing and testing supply points (no separate pay item).
Clean-Up Of The Site And Disposal Of Excess Material
Clean up of the site and disposal of excess material shall be considered incidental to,
and part of the installation of waterline prices without separate payment.
~-10 Description of Pay Items
SECTION 6
TECHNIC,4 L SPECIFICATIONS
TECHNICAL SPECIFICATIONS
SECTION TS1 - GRAY IRON OR DUCTILE IRON FITTING WEIGHTS
TSI.01
CONTRACT WEIGHT OF DUCTILE IRON FITTINGS
Installation of ductile iron fittings is required at vertical and horizontal bends along the waterline
alighnment. The City has provided a payment mechanism to reimburse the Contractor for such fittings
as Pay Item #25. The following fittings will be paid at the contract rate for the poundage listed below.
Items not listed must be submitted for elaifieation well in advance of installation to avoid discrepancies
during the payment review process.
Fitting Description Single Unit Pound Weight
16" DIP 45 degree flanged elbow 280
16" DIP 22-1/2 degree flanged elbow 285
16" DIP 11-1/4 degree flanged elbow 285
6" DIP 90 degree flanged elbow 80
16" x 16" DIP flanged "tee" 575
16" x 10' DIP flanged "tee" 515
16" x 8" DIP flanged "tee" 500
16" x 6" DIP flanged "tee" 485
8" x 6" DIP flanged "tee" 150
8" x 8' DIP flanged "tee" 165
16" x 12" DIP flanged "concentric reducer" 265
8" x 6" DIP flanged "concentric reducer" 75
8" Flanged Plug 25
CITY OF COPPELL
PROJECT SIGN
NOTES: 1) LETTERING SHOULD BE BOLD TYPE
2) S~GN PANEL ~LL BE 5/4" EXTERIOR PLYWOOD
PAINTED AS SHOWN ON DETAIL
3) FRAME ~LL BE 2"X4' STOCK- REINFORCED BEHIND
SIGN PANEL AT APPROX, 2' CENTERS
a,) ALL PAINT TO BE "OU~)OOR TYPE"
5) COPPELL LOGO TO BE PROV1DED BY ~IE CITY
6) MOUN~NG POSTS TO BE a,"x4" STOCK SECURELY MOUNTED
EXAMPLE:
DENTON TAP ROAD 16-INCH WATER LINE
CONTRACTOR:XXXXXX XXXXXX XX)[XXX][
(000) 000-0000 c.,=..,_.
COMPLETION DATE: XXXXXX 2006 ""-'
SECTION 7
DART PERMITING
DART AGREEMENT WITH CITY OF COPPELL
~ ~ri~al~oi~lh2002-124 d~on ~p ~d wFag~:,~t~:~'~p~s~ion 7 dart Pemmt.dm: 7-1 D,4R T Permitting
AGREEMENT NO.
LICENSE AGREEMENT
THIS Agreement, by and between DALLAS AREA RAPID TRANSIT ("DART"), a regional
transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation
Code, V.A.TC.S., as amended (the "Act") and City of Coppell, a municipal corporation ("Licensee"),
acting herein by and through its duly authorized official, whose mailing address is 255 Parkway Blvd.,
P.O. Box 9478, Coppell, Texas 75019.
WITNESSETH:
1. Purpose. DART hereby grants a license (the "License") to Licensee for the purposes of constructing,
installing, maintaining and operating one (1) 16-inch Water Line (the "Permitted Improvement") crossing
the Cotton Belt Line at Mile Post 608.35, in Coppell, Dallas County, Texas, more particularly described
as shown in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, (the
"Property").
The Property shall be used by Licensee solely for thc purpose of operating and maintaining the
perrmtted Improvement (the "Permitted Use"). Licensee's right to enter upon and use the Property shall
be limited solely to the Permitted Use and the Permitted Improvement.
2. Term. This License shall begin on the 1" day of July, 2005 (the "Term") and continue thereafter until
terminated by either party as provided herein.
3. Consideration. The consideration for the granting of this License shall be (a) payment by Licensee to
DART the sum of TEN AND NO/100 ($10.00) DOLLARS cash in hand paid and (b) the performance
by Licensee of each of the obligations undertaken by Licensee in this License.
4. Non Exclusive License. This License is non-exclnsive and is subject to (a) any existing utility,
drainage or communication facility located in, on, under, or upon the Property owned by DART, any
Railroad, utility, or communication company, public or private; (b) to all vested rights presently owned
by any Railroad, utility or communication company, located within the boundaries of the Property; and
(c) to any existing lease, license or other interest in the Property granted by DART to any individual,
corporation or other entity, public or private.
5. Design, Construction, Operation and Maintenance. DART's use of thc Property and adjoining
property may include the use of electrically powered equipment. Notwithstanding DART's inclusion
within its system of measures designed to reduce stray current which may cause corrosion, Licensee is
hereby warned that such measures may not prevent electrical current being present in proximity to
the Permitted Improvement and that such presence could produce corrosive effects to the
Permitted Improvement.
5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance
of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any
way with the operations of DART or other Raikoad operations. In particular, cathodic protection or other
stray current corrosion control measures of the Permitted Improvement as required shall be made a part of
the design and construction of the Permitted Improvement.
5.02. During the design phase and prior to commencing any construction on the Property, a copy
of the construction plans showing the exact location, type and depth of the construction, any cathodic
protection measures and any working area, shall be submitted for written approval to DART and
Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans
LICENSE-City of CoppelI-Demon Tap Road 1 of 6 Mile Post 608.35
have been approved by DART.
5.03. By acceptance of this License, Licensee agrees to design, construct and maintain the
penmtted improvement in such a manner so as not'to create a hazard to the use of the Property, and
further agrees to pay any damages which may arise by reason of Licensee's use of the Property under this
Agreement.
5.04 By acceptance of this License, Licensee covenants and agrees to institute and maintain a
reasonable testing program to deterrmne whether or not additional cathodic protection of its Permitted
Improvement is necessary and if it is or should become necessary, such protection shall be immediately
instituted by Licensee at its sole cost and expense.
5.05. Absence of markers does not constitute a warranty by DART that there are no
subsurface installations on the Property.
6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall
obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal,
state or local, required to carry on any activity permitted herein.
7. DART's Standard Contract and Insurance. No work on the Property shall be commenced by
Licensee or any contractor for Licensee until such Licensee or contractor shall have executed DART's
Standard Contractor's Agreement covering such work, and has furnished insurance coverage in such
amounts and types as shall be satisfactory to DART. A company-issued photo identification of Licensee's
employees, contractors or agents shall be required to work on the Property.
8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the
construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation
on or about the Property and any adjacent property owned by or under the control of DART. If the failure
to use reasonable care by the Licensee or its contractor causes damage to the Property or any adjacent
property, thc Licensee and/or its contractor shall immediately replace or repair the damage at no cost or
expense to DART. If Licensee or its contractor fails or refuses to make or effect any such repair or
replacement, DART shall have the right, but not the obligation, to make or effect any such repair or
replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to
DART upon demand.
9. Environmental Protection.
9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in
violation of any local, state or federal laws pertaining to health or the environment, including but not
limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"),
the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CWA") and the Clean
Air Act ("CAA").
9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or
other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps
necessary to insure that no such hazardous substance or solid waste will ever be discharged onto the
Property by Licensee or its Contractors.
9.03. The terms "hazardous substance" and "release" shall have the meanings specified in
CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in
the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to
broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the
effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the
State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal",
which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply.
LICENSE-City of CoppelI-Demon Tap Road 2 Of 6 Mile Post 608.35
9.04. Licensee shall indemnify and hold DART and Railroad harmless against all cost of
environmental clean up to the Property. resulting from Licensee's use of the Property under this
Agreement.
10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or
about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be
affixed against the Propegty by reason of any work done or materials furnished to the Property at
Licensee's instance or request.
11. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by
the Licensee in such a manner as to keep the Property in a good and safe condition with respect to
Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery,
DART shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied
the failure within ten (10) days from the date of such notice, DART shall have the right, but not the
obligation to remedy such failure at the sole cost and expense of Licensee. In the event DART exercises
its right to remedy Licensee's failure, Licensee agrees to immediately pay to DART all costs incurred by
DART upon demand.
12. Future Use by DART.
12.01. This License is made expressly subject and subordinate to the right of DART to use the
Property for any purpose whatsoever.
12.02. In the event that DART shall, at any time subsequent to the date of this Agreement, at its
sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or
convenient for DART's use of the Property, Licensee shall, at its sole cost and expense relocate said
Permitted Improvement so as not to interfere with DART's or DART's assigns use of the Property. In this
regard, DART may, but is not obligated to, designate other property for the relocation of the Permitted
Improvement. A minimum of thirty (30) days written notice for the exercise of one or more of the above
actions shall be given by DART. Relocation will occur within thirty (30) days, unless extended by
mutual agreement of the parties.
13. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvement on
the Property shall be subsequent to the acquisition of the Property by DART and that Licensee does
hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of
any and all relocation benefits and that all costs associated with any relocation of such Improvements
shall be borne by Licensee.
14. Duration of License. This License shall terminate and be of no further force and effect (a) in the
event Licensee shall discontinue or abandon the use of the Permitted Improvement; (b) in the event
Licensee shall relocate the Permitted Improvement from the Property; (c) upon termination in accordance
with paragraph 19 of this Agreement, whichever event first occurs.
15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all
laws, ordinances and regulations of any and all governmental entities having jurisdictioma over the
Licensee and by Railroad regulations, policies and operating procedures established by the
Railroad, or other applicable Railroad regulating bodies, and Licensee agrees to inde~mnify and
hold DART harmless from any failure to so abide and all actions resulting therefrom.
16. Indemnification.
16.01. Licensee shall defend, protect, and keep DART and the Railroad forever harmless
and indemnified against and from any penal~ or damage or charge imposed for any violation of
any law, ordinance, rule or regulation arising out of the use of the Property by Licensee, its
LICENSE-City of CoppelI-Denton Tap Road 3 of 6 Mile Post 608.35
employees, officers, agents, contractors, or assigns, or those holding under Licensee;
16.02. Licensee shall at all times protect, indemnify and it is the express intention of the
parties hereto that Licensee hold DART and the Railroad harmless against and from any and nil
loss, cost, damage or expense, including attorney's fees and including claims of negligence, arising
out of or from any accident or other occurrence on or about said Property. resulting from use of the
Property by Licensee, its officers, employees, agents, customers and invitees;
16.03. Licensee shall at all times protect, indemnify and hold DART and the Railroad
harmless against and from any and all loss, cost, damage or expense, including attorney's fees and
including claims of negligence, arising out of any failure of Licensee, its employees, officers, agents,
contractors or assigns in any respect to comply with and perform all the requirements and
provisions hereof.
17. Termination of License. At such time as tiffs License may be ternUnated or canceled for any reason
whatsoever, Licensee, upon request by DART, shall remove all improvements and appurtenances owned
by i', situated in, on, under or attached to the Property, regardless of whether or not such improvements
were placed thereon by Licensee, and shall restore the Property to a condition satisfactory to DART, at
Licensee's sole expense.
18. Assignment. Licensee shall not assign or transfer its rights under tiffs Agreement in whole or in part,
or pemUt any other person or entity to use the License hereby granted without the prior written consent of
DART which DART is under no obligation to grant.
19. Methods of Termination. This Agreement may be terminated in any of thc following ways:
19.01. By written Agreement of both parties;
19.02. By either party giving the other party thirty (30) days written notice;
19.03. By either party, upon failure of the other party to perform its obligations as set forth in
this Agreement.
20. Miscellaneous.
20.01. Notice. When notice is permitted or required by tiffs Agreement, it shall be in writing and
shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail,
Certified, Return Receipt Requested, and addressed to the parties at the following addresses:
LICENSOR: Dallas Area Rapid Transit OR
1401 Pacific Avenue
Dallas, Texas 75202-7210
ATTN: Railroad Management
P. O. Box 660163
Dallas, Texas 75266-7210
LICENSEE:
City of Coppell
255 Parkway Blvd.
P.O. Box 9478
Coppell, Texas 75019
Either party may from time to time designate another and different address for receipt of notice
by giving notice of such change of address.
21.02. Governing Law. This Agreement shall be construed under and in accordance with the
laws of the State of Texas.
LICENSE-City of CoppelI-Denton Tap Road 4 of 6 Mile Post 608.35
21.03. Entirety and Amendments. This Agreement embodies the entire agreement between the
parties and supersedes all prior agreements and understandings, if any, relating to the Property and the
matters addressed herein, and may be amended or supplemented only by a written instrument executed by
the part5' against whom enforcement is sought.
21.04. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, successors and assigns.
21.05. Number and Gender. Words of any gender used in this Agreement shall be held and
construed to include any other gender; and words in the singular shall include the plural and vice versa,
unless the text clearly requires otherwise.
IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals this
day of ,2005.
LICENSOR:
DALLAS Pu°-,5~A R~J)II) TP, J~dqSIT
BY:
KATHRYN D. WATERS
Vice President
Commuter Rail & Railroad Management
LICENSEE:
CITY OF COPPELL
Printed ~ Jl.~l WI'Ir
Title: City ltanager
LICENSE-City of CoppclI-Demon Tap Road 5 of 6 Mile Post 608.35
DART AGREEMENT WITH SUCCESSFUL
CONTRACTOR
i:~k-~e~moo2-t24 ~ ap ,a ~,r,~Xt~h-~-~io. 7 .~ ~t do~ 7-2 D~4 R T Permitting
AGREEMENTNO.
STANDARD CONSTRUCTION AGREEMENT
AND CONTRACTOR'S RIGHT OF ENTRY
THIS AGREEMENT, dated ,2005, is made by and between DALLAS AREA
RAPID TRANSIT ("DART"), a regional transportation authority created and existing pursuant to Chapter
452, Texas Transportation Code, V.A.T.C.S., as amended ("the Act") and
, hereinafter celled "Contractor",
whose mailing address is
WITNESSETH:
For the period not to extend beyond , 2005, DART hereby permits
Contractor to enter upon the property of DART on a tract of right of way of the Cotton Belt Line
located at Denton Tap Road, Mile Post 608.35, in Coppell, Dallas County, Texas, as may be
necessary in connection with work to be performed on DART premises by Contractor under
agreement between Contractor and the City of Coppell, a municipal corporation, (the "Contract"),
and for no other purpose. Contractor understands that the Contract and all work to be performed
thereunder is subject to the terms and conditions contained in License Agreement No.
, dated the __. day of ,2005, issued by DART to the City of
Coppell, a municipal corporation, which is incorporated herein by reference.
Contractor agrees to:
(a) Perform that portion of the work on DART premises in accordance with plans and
specificetions approved by DART and Fort Worth and Western Railroad (the "Railroad"
whether one or more than one) in such manner and at such times as shall not endanger or
interfere with DART's or Railroad's representatives. Contractor shall submit to DART and
Railroad, for approval, all construction details, falsework and other incidentals not detailed
in plans, insofar as they affect DART and Railroad.
(b) Maintain, at Contractor's expense, competent flagmen to protect and control movement of
vehicles and equipment of Contractor while upon DART premises.
(c) Notify DART and Railroad at least five (5) working days before commencing work on
DART premises and within five (5) working days after such work is completed.
(d) Keep all equipment, tools and materials stored at least fifteen (15) feet from the center line
of any operable track. Explosives or other highly inflammable substances or any
hazardous materials regulated pursuant to federal or state regulation will not be stored on
DART premises without the prior approval of DART's representative.
(e) Remove all of Contractor's tools, equipment and materials from DART premises promptly
upon completion of work, restoring DART premises to the same state and condition as
when Contractor entered thereon.
(f)
Reimburse DART and Railroad for all costs and expense incurred by DART and/or
Railroad in connection with said work, including without limitation the expense of
furnishing such inspectors, watchmen and flagmen as DART and Railroad deem
necessary, the installation and removal of falsework beneath tracks, and restoration of
DART's property to the same condition as when Contractor entered thereon, or to a
condition satisfactory to DART's representative.
City of Coppell CROE 1 of 4 Mile Post 608.35
(g)
Remove any lien against DART's property arising from performance of work hereunder by
Contractor or any subcontractor.
Contractor agrees to release, defend and indemnify DART and Railroad, from and against
all loss, damage, claims, costs, expenses, including attorney's fees, and liability for bodily
injury to or death of any persons and loss of or damage to any property and loss of uss
thereof (including but not limited to employees, subcontractors, agents, invitees and the
property of each party hereto) arising out of or in any way connected with the work under
said agreement upon or adjacent to DART property, whether or not caused or contributed
to by the presence or operation of DART or Railroad trains, engines, cars or other
equipment, structures or facilities of DART or Railroad or any other party, or by negligence
or alleged negligence on the part of DART or Railroad, or any of DART's or Railroad's
agents, employees, contractors, subcontractors or invitsee. In the event any part of the
provisions of this section are determined by any statutory enactment or judicial decision to
be void or unenforceable, then this section shall not fail in its entirety but will be
enforceable to the extent permitted by law. For the purposes of this section, the term
"Railroad" shall include any other railroad company using DART property with DART's
consent and any affiliate, subsidiary or lessor of DART.
Prior to start of work or occupancy of premises under this agreement, Contractor agrees to
procure and maintain at its sole cost and expense, the following types and amounts of insurance
with an insurer or insurers and form satisfactory to DART:
Comprehensive general and automobile liability insurance with contractual liability endorsement
and products and completed operations hazards included, which shall provide coverage for
combined single limits of not less than $2,000,000, as further outlined below.
All insurance coverage's required by the attached agreement shall provide the following as a
minimum standard:
(a) Comprehensive General Liability With Contractual Liability Endorsement.
-Combined single limit of at least $2,000,000.
-DART, Railroad and all afl]listed companies and organizations are
named as additional insureds without any qualifications or restrictions.
-DART must have 30 days notice of cancellation or modification.
(b) Comprehensive
Automobile Liability Policy
-Combined single limit of at least $2,000,000.
-DART and Railroad are named as additional insureds without any
qualifications or restrictions.
-must have 30 days notice of cancellation or modification.
(c)
Workers' Compensation Insurance
-Providing Statutory Bener~s under the Workers' Compensation ACt of
the State of Texas and/or any other State or Federal Law or Laws
applicable to the Contractor's employees performing the work under this
agreement.
r- City of Copf)ell CROE 2 of 4 Mile Post 608.35
(d)
-Employer's Liability Insurance with limits of liability of not less than
$500,000 each accident, $500,000 each employee for disease and
$500,000 policy limit for disease.
-Endorsed with a Waiver of Subrogation Endorsement, waiving the
carrier's right of recovery under subrogation or otherwise from the
Authority.
Contractor agrees to furnish DART Certificates of Insurance (or, as and when DART may
direct, copies of the actual insurance policies) as evidence of the coverage's outlined in
(a), (b) and (c) above. Approval will be expedited if all required coverage's and the
following endorsements are included on the Certificates:
-Endorsement showing DART and its affiliate companies and
organizations named as additicnai insureds. The certificate must specify
that the endorsement is applicable to the General Liability and Auto
Liability Policies.
-Contractual liability endorsement.
-Endorsement removing exclusions from contractual liability
endorsement for operations within 50 feet of a railroad or the
purchase of a Railroad Protective Policy.
-Endorsement removing exclusions for XCU hazards.
,Waiver of subrogation endorsement specific to Workers'
Compensation.
All policies should contain a cross liability endorsement reading as follows:
"It is agreed that the inclusion of more than one person, corporation, organization, firm or
entity as insured under this policy shall not in any way affect the rights of any such person,
corporation, organization, firm or entity with respect to any claim, demand, suit or
judgment made, brought or recovered by or in favor of any other insured. This policy shall
protect each person, corporation, organization, firm or entity in the same manner as
though a separate policy had been issued to each; provided that this endorsement shall
not operate to increase the company's limits of liability as set forth elsewhere in this
policy."
The permission herein given shall not be assigned by Contractor without the prior written consent
of DART except in the case of subcontractors who shall be deemed agents of Contractor subject
to the terms of this agreement.
No vehicular crossing over DART's track shall be installed or used by Contractor without prior
written permission of DART.
No work shall be done between the hours of 6:00 p.m. and 6:00 a.m., nor on Saturdays, Sundays
or legal holidays without prior written permission of DART.
At DART's request, Contractor shall remove from DART premises any employee of
Contractor or any subcontractor who falls to conform to the instructions of DART's
City of Copfl~l CROE 3 of 4 Mile Post 608.35
representatives in connection with work on DART premises, and any right of Contractor to
enter upon DART premises shall be suspended until such request of DART or Railroad is
met. Contractor shell indemnify DART against any claim arising from the removal of any
such employee from DART premises.
10.
Company-issued photo identification is required of all contractors and subcontractors working on
the DART premises.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in triplicate the
day and year first above written.
DALLAS AREA RAPID TRANSIT
By
KATHRYN D. WATERS
Vice President
Commuter Rail & Railroad Management
CONTRACTOR
By
Printed Name:
Title:
Address:
,-- City of Coppell CROE 4 of 4 Mile Post 608.35
SECTION 8
TEMPORARY EASEMENT AGREEMENTS
LETTER OF PERMISSION
That FIRST BAPTIST CHURCH OF COPPELL, the undersigned, does
hereby grant m the City of Coppell or its employees, engineers, or conuactor~,
permission to enter the property owned or controlled by it, being further described as a 20
acre parcel located at 700 Denton Tap Road for the purpose of installing four 8-inch
water lines for the proposed Denton Tap Road 16-Inch Water Line Project (WA 97-01).
This project generally consists of the installation of + 4000 linear feet of 16-inch water
line, + 600 linear feet of 8-inch water line, and nine fire hydrants. The constructiun of
this project is anticipated to begin in July 2005 with an estimated construction time of
nine (9) months. The work on said proper~y generally consists of the construction of four
+ 15' x 40' pits and the installation of four 8-inch water lines by a method other than open
cut in the locations as shown on the attached plan-profile sheets. Tiffs Lelter of
Permission includes file right to move equipment onto the property that is nacessary for
the installation of the 8-inch waIer lines and the fight of reasonable ingress and eg~eas
acwss the propen'y for the construction purposes.
The City of Coppell will restor~ the land back to its original condition to the
maximum extent practicable. Where sod, slh-ubbery, and plants are removed during the
construction, such areas will have the same sod, shrubbery, and plants ~-placed in their
prior positions.
Language in the Contract Documents requires the Contractor to protect livesteck
during instellatinn of the four water lines. The Contractor will be required to install
temporary fencing approx/mately 20 feet outside of the perimeter of each bore pi:. The
tempo,~ fencing shall COnsist of metal 'T' posts anchored into the ground at
approx/mate flv~-foot centers with five strands o£ wire. Any existing fencin~ that is
dama~cl shall be repaired or replaced immed/ately to preven! the escape of liveg~ck.
Signed this~.~__ day of ,F~ ,~/1/ ,2005.
Name Primed:
FIRST BAPTIST CHURCH OF COPPBLL
P.O. Box 109
Copp¢ll, Texas 75019-0109
DA'J~ $ C £~D Fr
The Ci~? or' Coppeil will aJso rcs~ore thc land bac~ to its o~8~nal con~i~ion to the
maximum extent p~lCt'~able Wbem sod, shrubbe~, ar~ pla.t~ a~e removed du~a&
prim po~tim~
Si~ed ,hi'daY of__ ~'-~/~"~ - --,
~ Mr. G~ddy:
The City of Copp~ll imends to constmcl ~e Denton T~p ~ l~ch W~ Line
~j~. C~fion of~is ~mt ofw~ Bne ill ~gsfy Ihe city's ~mls for
Suzk~ C. Taylor
C.I.P. Coordinator
Direct: 972-3~7019
F~: 972-3~-3570
E-m~l: ~
LETTER OF PERMISSION
That GENE GADDY, the undersigned, does hereby grant to the City of Coppell or its
employees, engineers, or contractors, permission to enter the property owned or controlled by it,
being furlber described as a 1.3029 acre parcel located at 881 S. Denton Tap Road for the purpose
of installing an g-inch sanitary sewer line as part of thc proposed Denton Tap Road 16-Inch
Water Line Project (WA 97-01). This project generally consists of the installation of ± 4000
linear feet of 16-inch water line, + 600 linear feet of 8-inch water line, and nine fire hydrants.
The construction of this project is anticipated to begin in October 2005 with an estimated
construction time of nine (9) months. The work on said proper~y generally consists of the
construction ofa ± 15' x 40' pit and the installation of an 8-inch sanitary sewer line by a method
other than open cut. The proposed sanitary sewer line will be installed in the general location of
the existing 8-inch .sanitary sewer line that was conslructed as par~ of the Denton Tap Roed
drainage improvements. This Letter of Permission includes the right to move equipment onto the
property that is necessary for the installation of the 8-inch sanitary sewer line and the right of
reasonable ingress and egress across the properly for the construction puq~osos.
The City of Coppcll will also restore the land back to its original condition to the
maximum extent practicable. Where sod, shrubbery, and plants are removed during the
construction, such areas will have the same sod, shrubbery, and plants replaced in their prior
positions,
Signed this day of ,2005.
By:
Name Printed:
Title:
Gene Gaddy
700 Meadowlark
Coppell, Texas 75019
P.O Box 478
255 Pa~wly B~(:I
Co;~mdl. TX 15019
Phone: (gT2}304-367g
Fl3:(972)304-3570
ENGINEERING DEPARTMENT
FAX COVER SHEET
Tm Mr. Gene Gaddy Fm~ Suzan Taylor
F~x: 972-462-8352 ~ August 17, 2005
I)~_.'ec~__ N~: WA 97-01 FaF~ 3 (including cover sheet)
I~.:. 8-Inch Sewer Line Stubout cc:
[] Ul~ent ~ FM' Review [] Ple~e Comment [] Plei.e Reply [] Al Req.e~MM
.CMmttMtts~
Mr. Gaddy:
Tbe City of Coppell made s~veral atgmpts to locate ~ sanitmy sewer (SS) line that was conslructed as
part of the Dento~ Tap Road drainage improvements and paid for by you. We were not successful in
locating the 8" SS line so we had the consultant designing the water line project evaluate our options on
bow to restore SS service to your property. In order to put the existing 8" SS line hack into service, we
would have to do the following:
1. Cut and remove a :i:8' x 10' pavement section of Dent~n Tap Road;
2. Excavate with m~nch box, fad the existing 8" SS line and extend it at least 20 feet back into your
property, plug it, and mark it tbr furore;
3. Backfill and replace lbo pavement and curb on Denton Tap;
4. Cut and remove pavement to t'md the abandoned manhole under the entrance to the Mercantile;
5. Excavate with trench box and f'md the abandoned manhole and the 8" SS line. Replace the
manhole and make the connection to the manbole on the 15" sanitary sewer, and
6. Backfill and mplace the pavement and curb in the Mercantile drive.
The consultant determined that it would be more cost efficient and better for Ihe city to install another
8" SS line by boring. The conWactor will have the boring equipment oa site for the proposed water line
bores and a sectien of Denton Tap Road will not have to be removed. The proposed 8" SS line will be
extended furtber behind the curb so that Denton Tap Road will not be impacted when futu~
development connects to the 8" SS line.
IF YOU DO NOT RECEIVE ALL OF THE PAGES PLF.,4SE CALL (972) 304-$67~
"City of Coppell Engineering - Excellence By D~Jgn"
The installation of thc 8" SS ]at~'al has been added to the scope of work for tbe water line project. The
proposed 8" SS line will be installed ne~' the existing 8" SS line and will connect to the manhole on the
15" SS line. Unfortunately, the bore for the water line and the bore for the 8" SS line can not be done in
the same bore pit because of the fire hydrant sp~¢ing. I have attached a let~r of permission to enter
your property to construct a bore pit for the instnllation of the 8" SS line. You cnn f~x the signed
document to mc at 972-304-3570.
The water line project star~s ~lvertising on August 19 and we will have a pre-bid meeting on
September I, at 2:00 p.m. at Town Center. Please feel free to attend the meeting if you have any
questions or concerns about the proposed project. Censtn~ctien of the project should slart in October.
You previously indicated that the 8" SS line was inslalled so that developments along the west side of
Denton Tap could tie into it. Thc proposed embroidery shop development immediately north of your
proper~y will have to cross your prope~y in order to tie into the sewer line and there is not a utility
easement in placo lhat will allow them to do fl~qt. There is an existing 10' telephone ensement
contiguous with the west right-of-way line of Denton Tap on your property. The developments to your
north have dedicated a sidewalk/utility easement on top of the existing telephone easement. Would you
consider dedicating a 10' sidewalk/utility easemeat prior to the platting of your property so that the
embroidery shop can tie into the 8" SS line once it is constructed?
Your consideration of these matlers is appreciated. Should you have any questions or need any
additional information, plcasc advise.
CIP Coordinator
Engineering Department
Direct: 972-304-7019
Fnx: 972-304-3570
E-mail: s. laylor~c, i._c.o_p.~ll.t x. us
IF YOU DO NOT RECEIVE,4LL OF THE P.4GF. S PLE.4$E C,4LL (r)72) 304-3679
"Ci.tv of Coppell F. ngine~'ing Excellence By. Design"