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TR9302-CN 921109 CITY OF COPPELL, TEXAS BID~ NO. Q0992-02 BID PROPOSAL, CONTRACT DOCUMENTS AND SPECIFICATIONS FOR TRAFFIC SIGNAL SYSTEM IMPROVEMENTS (TLS I! Contract No. 582TLF6043) ALONG DENTON TAP ROAD CITY OF COPPELL DALLAS COUNTY, TEXAS Prepared by: BARTON-ASCHMAN ASSOCIATES, INC. 5485 Belt Line Road, Suite 199 Dallas, Texas 75240 (214) 991-1900 I I CERTIFICATE OF INSURANCE CIGNA Property and Casualty Companies (This Certificate of Insurance neither affirmafJ~/ nor negatively amends, extends or alters the coverage, limits,, Jrms or conditions of the policies it certificates.) 0 4 - 2 3 - 9 3 / BF REVISED This is to Certify to -)-)_ ~._._..)7' COMPANY CODES FCity of Coppell ~ -~ [] CIGNAINSURANCE COMPANY Shohre Daneshmanz~ [] CIGNA INS. CO. OF TEXAS 255 Parkway Blvd. [] PACIFIC EMPLOYERS iNS. CO. Coppell, TX 75019 [] INSURANCE COMPANY OF NORTH AMERICA [] CIGNA INS. CO. OF ILLINOIS that the following described policy or policies, issued by The Company as coded below, providing insurance only for hazards checked by "X" below, have been issued to: [] CIGNA INS. CO. OF OHIO NAME~ Arjang Systems Inc. DBA Arjang Electric Systems AND, ' ADDRESS, 9200 Sovereign Row [] (OTHER;-- SPECIFY) iNSURgDFr· Dallas, TX 75247 FOLD covering in accordance with the terms thereof, at the following location(s): STATE OF TEXAS TYPE OF POLICY HAZARD~CO. COOE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY (a) Standard Workmen's 500,000 Statutory w. c. Compensation& [] [~ C3 96 71 21 9 03-27-93/94 $ 500,000 One Accident and Employers' Liability 500,000 Aggregate Disease (b) General Liability Premises--Operations(including"In-[-'-II---] I$$ Each Person , ¢idental Contracts" as defined below) >' { [] Accident '_~ Independent Con tractors [~] [~] Each [--]Occurrence :~ Completed Operations/Products r--I [--] Contractual, (Specific type as ~ Aggregate--Completed __ __d_~esc.~rib__~ i._.~n fo.__otn.__ote____bel..__ow.~) _ _ __ r~l ~-] $ Operations/Products Premises--Operations (Including { [] Accident ~ "lncidentaiContracts"asdefined, below) [] r--] ~iIndependent C°ntract°rs [--] [-'-] Agg regate--Prem ./Oper. c~ Aggregate--Protective ~ Completed Operations/Products [---] [] Aggregate--Completed a. Contractual, (Specific type as Operations/Products described in footnote below) [---] ~-] $ Aggregate--Contractual (c) Automobile Liability Owned Automobiles [--'] [] }$ Each Person ~--t Hired Aut°mobiles F~ ~ tl']Accident Non-owned Automobiles $ Each [] Occurrence ~'~ Owned Automobiles~,E ~ F~ } Each I[] Accident ~ m Hired Automobiles $ [] Occurrence Non-owned Automobiles [] {d) Contractual Footnote: Subject to all the policy terms applicable, specific contractual coverage is provided as respects It is the intention of the company that in theevent of cancellation of pplicableJ[~ purchase order agreements between the Insured and: of such cancellation will be given to you at the address stated above. Block /E~ all contracts NAME OF OTHER PARTY DATE (if applicable) CONTRACT NO. {if any) DESCRIPTION (OR JOB) Installation of a closed loop signal system on Denton Tap Rd. Definitions: "Incidental contract" means any written (1) lease of premises {2) easement agreement,~x~pt in connection with construction or demolition opera- tions on or adjacent to a railroad, (3) undertaking to indemnify a municipality require~l 13~ muni'cipal o,~rc~,nance except in connection with work for the municipality, (4) sidetrack agreement, or (5) elevator maintenance agreement. ~:/' Autl~orized Representative LC-1389e Ptd. in USA 1. ORIGINAL CITY OF COPPELL, TEXAS BID NO. Q0992-02 BID PROPOSAL, CONTRACT DOCUMENTS AND SPECIFICATIONS FOR TRAFFIC SIGNAL SYSTEM IMPROVEMENTS - (TLS I! Contract No. 582TLF6043) ALONG DENTON TAP ROAD CITY OF COPPELL - DALLAS COUNTY, TEXAS Prepared by: BARTON-ASCHMAN ASSOCIATES, INC. - 5485 Belt Line Road, Suite 199 Dallas, Texas 75240 TABLE OF CONTENTS Page DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS 00020 - Advertisement for Bids 00100 -Instructions to Bidders 00110 - General Instructions for Bonds 00300 - Proposal and Bid Form 00400 - Bid Bond 00500 - General Conditions of Agreement (GC-1 thru GC-14) 00510 - Standard Form of Agreement (SF-1 thru SF-2) 00600 - Performance Bond (PB-1 thru PB-2) 00610 - Payment Bond (PB-3 thru PB-4) 00630 - Certificate of Insurance 00650 - Special Conditions (Supplementary Conditions) General Notes and Specification Data (GN-1 thru GN-11) Technical Specifications (1-68) DIVISION 1 - GENERAL REQUIREMENTS 01010 - Summary of Work 01050 - Field Engineering 01152 - Applications for Payment 01310 - Construction Schedules 01340 - Shop Drawings, Product Data & Samples 01700 - Contract Closeout 01720 - Project Record Documents 01750 - Warranties SECTION 00020 Advertisement for Bids Sealed proposals addressed to the City of Coppell, Texas for Traffic Signal Installation at 'Denton Tap Road and Bethel Road will be received by the Office of the Purchasing Agent at the City of Coppell Town Center Hall, 255 Parkway Boulevard, until 10:00 a.m., October 13, 1992, and then publicly opened and read aloud. The Instructions to Bidders, Proposal Forms, Forms of Contract, Plans, Specifications and Forms of Bid Bond, Performance and Payment Bond, and other contract documents may be examined and/or copies may be obtained for a non-refundable payment of $30.00 per set at the following location: Barton-Aschman Associates, Inc. 5485 Belt Line Road., Suite 199 Dallas, Texas 75240 . (214) 991-1900 Any questions pertaining to the purchasing procedure should be addressed to the Purchasing Agent, Mr. Jim Ragsdill, at (214) 462-0022. Any technical questions should be directed to Mr. Rey Gonzales, Street Superintendent at (214) 462-8495 or to Barton-Aschman Associates, Inc. at (214) 991-1900. The Owner reserves the right to waive any informalities or to reject any or all bids. Each bidder must submit two (2) Original Bid Proposals and deposit with the bid, a security in the amount, form and subject to the conditions provided in the Instructions to Bidders. Faxed Bids will not be accepted. A bid affidavit shall be submitted and signed by the bidder. PRINCIPLE ITEMS OF WORK INCLUDED IN THIS PROJECT ARE: Installation of a "Closed-Loop" signal system on Denton Tap Road from Wrangler to Parkway Blvd. The signal system installation will consist of furnishing and installing communications network, central monitoring and data base system, on-street master controller, and making modifications to the local controllers. -- Advertisement Dates: October 2 and 9, 1992 SECTION 00100 Instructions to Bidders PART 1: GENERAL 1.1 General A. Defined Terms: Terms used in these Instructions to Bidders which are in the General Conditions of the Construction Contract, have the meanings assigned to them in the General Conditions. Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell; Coppell, Texas. Engineer: Wherever the word "ENGINEER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell's City Engineer or an authorized representative. Inspector: The authorized representative of the Engineer, assigned to observe and inspect any or all parts of the work and the materials to be used therein. Bidder: An individual, firm or corporation or any combination thereof, submitting a proposal. Contractor: The individual, firm or corporation or any combination thereof, party of the second part, with which the contract is made by the City of Coppell, Texas. Superintendent: The representative of the Contractor authorized to receive and fulfill instructions from the Engineer and who shall supervise and direct the construction. B. Documents: Complete sets of the Bidding Documents may be obtained from Barton-Aschman Associates, Inc. upon receipt of the required payment as stated in the Advertisement for Bids. The payment is non-refundable. No partial sets of plans, specification or proposal forms will be issued. No Bidding Documents will be issued later than two (2) days prior to the date for receipt of bids. Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. C. Discrepancies: Should a Bidder find any discrepancy, ambiguity, inconsistency, error or omission from the drawings, specifications or project manual or of the site and local conditions, or be in doubt as to their written meaning, it is 00100-1 requested that the Bidder promptly notify the Engineer who then will send a written instruction or interpretation to all known holders of the documents. Neither the Owner nor the Engineer will be responsible for any oral instructions. -- D. Addenda: Any addenda to the drawings, specifications, or project manual issued before or during the time of bidding shall be included in the proposal and become a part of the contract. Addenda will be mailed or delivered to all Bidders receiving a complete set of Bidding Documents. No Addenda will be issued later than four (4) days prior to the date for receipt of bids except an Addendum, if necessary, postponing the date for receipt of -- bids or withdrawing the request for bids. Each Bidder shall acknowledge on bid proposal that he has received all Addenda -- issued. Substitutions: The materials, products and equipment described in the -- specifications and/or shown on the drawings establish a standard or required function, dimension, appearance and quality as required by the Engineer. Reference is also made to Section 00650, paragraph one (1) for additional _ discussion on this subject. 1.2 BIDDING A. Method of Bidding: The proposal provides for quotation of a price, or prices, for one or more bid items, which may be lump sum bid prices, alternate bid prices, or a combination thereof. No payment will be made for items not set up on the proposal, unless otherwise provided by contract amendment. All Bidders are cautioned that they should include in the prices quoted for the various bid items all necessary allowances for the performance of all work required for the satisfactory completion of the project. B. Subcontracts: The bidder is specifically advised that any person, firm or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner. It is further required that the name of the mechanical and electrical subcontractors and any other listed subcontractor be '" noted on the proposal form in the blank space provided. Failure to list these will be sufficient grounds to reject the proposal. 1.3 BID SECURITY A. Bid Security shall be made payable to the City of Coppell in an amount of five -- percent (5%) of the Bidder's maximum Bid price and in the form of certified or bank check or a Bid Bond issued by a Surety Company holding a permit from The State of Texas to act as surety. O0100-2 B. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the Successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within fifteen (15) days of the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the sixty-first day after the Bid Opening or until a contract is awarded. Bid security of other Bidders will be returned within thirty (30) days of the Bid Opening. QUALIFICATION OF BIDDERS A. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of Owner's request written evidence of the types set forth in the Supplementary Conditions, such as financial data, previous experience and evidence of Bidder's qualification to do business in The State of Texas or covenant to obtain such qualification prior to award of the contract. B. Additionally, all Bidders shall be prepared to show that they are skilled, experienced in, and have been regularly engaged in the type of construction involved and that they have the necessary financial resources to finish the Work in a proper and satisfactory manner in the time specified. C. The Engineer and Owner reserve the right to require documented evidence of the foregoing from the Contractor prior to award of the contract. EXAMINATION OF CONTRACT DOCUMENTS AND SITE A. Conditions of Work: Each Bidder must fully inform himself/herself of the conditions relating to construction of the project and employment of labor thereon. Failure to do so will not relieve a Successful Bidder of their obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible, the Contractor must employ methods or means to cause no interruption of or interference with the work of any other contractor. B. Examination of Site: All Bidders, including the general Contractor and subcontractors shall examine carefully the site of the Work to acquaint himself/herself with working conditions and all difficulties that may be involved Therein, and shall examine carefully all drawings, specifications and other Contract Documents to familiarize himself with all of the requirements, terms and conditions thereof. Any information relating to the work furnished by the Owner or others, or failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, if awarded a contract. Aisc, failure to visit the site will in no way relieve the Successful Bidder from furnishing any materials or performing any work 00100-3 required to complete Work in accordance with drawings and project manual without additional cost to the Owner. C. Laws, Regulations, Permits and Taxes: The Bidder's attention is directed to the fact that all applicable state laws, municipal ordinances, rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they shall be deemed to be included in the contract the same as though herein written out in full as a part of these documents. Contractor shall secure, and include compensation for, in the proposal, all ~ permits and all required taxes which are levied by governing bodies and which are assessable upon labor and materials entering into this Work. D. Before submitting a Bid, each Bidder may, at their own expense, make such investigations and tests of the sight as the Bidder may deem necessary to -- determine their Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. -- E. On request, Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of their Bid. F. The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the -- Work are identified in the Supplementary Conditions, General Requirements or Drawings. -- G. The quantities .of work or materials as set forth in the proposal form or on the plans are a calculated approximation and are for the purpose of comparing the Bids on a uniform basis. Payment will be made by the Owner to the ConTractor _. only for the actual quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and materials to be furnished may be increased or decreased as hereinafter provided. H. Obligation of Bidder: At the time of opening of bids, each Bidder will be presumed to have inspected the site and to have read and be thoroughly _ familiar with the drawings, specifications and the project manual, including all addenda. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he/she has complied with every requirement of this section, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 00100-4 BID PROPOSALS A. General: The Bidder shall submit two Original Bid Proposals based exactly on the documents as issued. No substitutions, revisions or omissions from the plans and/or specifications will be accepted unless authorized in writing by the Engineer. The proposal form is attached hereto; additional copies may be obtained from the Engineer. Bid proposals must be completed in ink or by typewriter. The Bid price of each item on the form must be stated in words and numerals; in case of a conflict, words will take precedence. The Bid proposal must be signed with the full name of the Contractor and his address; if a partnership, by a member of the firm with the name and address of each member; if a corporation, by an officer thereof, the corporate name, and have a corporate seal affixed. B. Form: Make all proposals on forms provided and fill all applicable blank spaces without interlineation, alteration or erasure and must not contain recapitulation of the Work to be done. No oral, telegraphic, or telephonic proposals will be considered. Any addenda issued during the bidding shall be noted on the proposal form. C. Submittal: Each Bidder shall submit their Bid completely and properly on proposal forms provided. Each Bid, without the "Specifications and Contract Documents", shall be enclosed in a separate sealed envelope, with the words "Bid for" followed by the project title and the Bidder's name and address, and accompanied by the Bid Security and other required documents. 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" on the face thereof. Specifications and Contract Documents shall not be returned with the Bids. D. Telegraphic Modifications: Any Bidder may modify his bid by telegraphic communication at any time provided such communication is received by the Owner prior to the scheduled closing time. Written confirmation must be received within two days from the closing time or no consideration will be given the telegraph modifications. E. Withdrawal: If, within twenty-four hours after Bids are opened, any Bidder files a duty signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his Bid, that Bidder may withdraw his Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work. OO 100-5 1.7 OPENING OF BIDS A. The City of Coppell, Texas (herein called the "Owner") invites all Bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids -- will be received by the Owner (c/o City Purchasing Agent's Office) until 10:00 October 13, 1992, at City of Coppell Town Center, 255 Parkway Blvd., (Pos( Office Box 478), and then at said location publicly opened and read aloud. Thu -- envelopes containing the Bids must be sealed, addressed to the City of Coppell, and designated as "Bid for Traffic Signal System Improvements along Denton Tap, TLS I1" (Bid No. Q0992-02). B. When Bids are opened publicly they will be read aloud, and an abstract of the amounts of the base Bids and major alternates (if any) will be made available -- after the opening of Bids on a bid tabulation sheet sent to all bidders. 1.8 BIDS TO REMAIN OPEN All Bids shall remain open for ninety (90) days after the day of Bid Opening, but Owner may, in his sole discretion, release any Bid and return the Bid Security -- prior to that date. 1.9 CONTRACT AWARD A. Owner reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contract terms with the Successful Bidder, and _ the right To disregard all nonconforming, nonresponsive or conditional Bids. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. B. In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid forms. It is the Owner's intent -- to accept alternates (if any are accepted) in the order in which they are listed in the Bid form, but Owner may accept them in any order or combination. -- C. Owner may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to -- which the identity of subcontractors and other persons and organizations must be submitted as provided in the Supplementary Conditions. Operating costs, maintenance considerations, performance data and guarantees of materials and -- equipment may also be considered by Owner. D. Owner may conduct such investigations as he deems necessary to assist in the -- evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents to -- Owner's satisfaction within the prescribed time. 00100-6 E. Owner reserves the right to reject the Bid of any Bidder who does not pas~ a.ny such evaluation to Owner's satisfaction. F. If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicated to Owner that the award will be in the best interests of the project. G.If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within ninety (90) days after the day of the Bid opening. H. After award of contract to Successful Bidder, the Contractor shall agree to begin work within ten (10) calendar days after the date of "Notice to Proceed" of the Owner and to fully complete the project within the stated number of consecutive calendar days thereafter as stipulated on the bid proposal and agreement between Owner and Contractor. 1.10 LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT In the event the Bidder's proposal is accepted, and he fails or refuses to enter into the contract and furnish the required Performance and Payment Bonds within fifteen (1 5) days after he has received notice of the acceptance of his Bid, unless given a written extension of time by the Owner, then the Bidder will be considered as having abandoned his proposal and his Bid Security will be retained by the Owner as liquidated da~r~ages, IT NOW BEING AGREED that the specified sum of the Bid Security is a(air~estimate of the amount of damages that the Owner will sustain in case tl~e~idder fails to enter into the contract and furnish the Performance and Payment Bonds within the time state in the proposal. 1.11 CONTRACT TIME A. The number of days within which, or the date by which, the Work is to be completed (the Contract Time) is set forth in the Bid Form and will be included in the Agreement. The Contract Time for this project is: NINETY (90) CALENDAR DAYS B. Extension of time of completion will be permissible in accordance with Section 4.02. of General Conditions of Agreement. 1.12. LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Proposal. Liquidated damages ~or this project are: TWO HUNDRED FIFTY DOLLARS ($250.00) PER CALENDAR DAY 00100-7 _ 1.13 SUBCONTRACTORS, ETC. A. If the apparent Successful Bidder, and any other Bidder so requested will within _, seven (7) days after a day of the Bid Opening submit to the Owner a list of all the subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those -, portions of the Work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such .-, Subcontractor, person and organization if requested by the Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, other person or organization, either may before giving the Notice _ of Award request the apparent Successful Bidder to submit an acceptable substitute without an increase to Bid price, tf the apparent Successful Bidder declines to make any such substitution, the Contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute -- grounds for sacrificing his Bid Security. Any subcontractor, other person or organization so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable -- to Owner and Engineer. B. In contracts where the Contract Price is on the basis of Cost-of-the-Work Plus -- a Fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to Owner those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract -- other portions of the Work with Owner's written consent. C. No Contractor shall be required to employ any Subcontractor, other person or -- organization against whom he has reasonable objection. 1.14 PERFORMANCE AND OTHER BONDS A. Security for Faithful Performance: Simultaneously with his delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as _ security for faithful performance of this contract and for the payment of all persons performing labor on the project under the contract and furnish materials in connection with this contract. The surety on such bond or bonds shall be by _ a duly authorized surety company, satisfactory to the Owner. B. The requirement for Performance and Payment Bonds may be waived under the -- following conditions: 1. The contract sum is less than the amount of One Hundred Thousand Dollars ($100,000.00). 2. The General Contractor agrees to one (1) lump sum payment at completion of the project in lieu of standard monthly progress payments. 00100-8 SECTION 00110 General Instructions For Bonds Part 1: GENERAL 1.1 General A. The surety on each bond must be a responsible surety company which is qualified to do business in Texas and satisfactory to the Owner. B. The name, and residence of each individual party to the bond shall be inserted in the body thereof, and each such party shall sign the bond with his usual signature on the line opposite the scroll seal, and if signed in Maine, Massachusetts or New Hampshire, an adhesive seal shall be affixed opposite the signature. C. If the principals are partners, their individual names will appear in the body of the bond, with the recital that they are partners composing a firm, naming it, and all the members of the firm shall execute the bond as individuals. D. The signature of a witness shall appear in the appropriate place, attesting the signature of each individual party to the bond. E. If the principal or surety is a corporation, the name of the state in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. F. The official character a'nd authority of the person or persons executing the bond for the principal, if a corporation, shall be certified by the secretary or assistant secretary according to the form attached hereto. In lieu of such certificate, records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies. G. The date of this bond must not be prior to the date of the contract in connection with which it is given. H. Amounts of bonds shall be as set forth in Paragraph 3.10 of the General Conditions. 00110-1 _ Both the above requirements must be met for waiver of Performance and Payment bond to occur. 1.15 SIGNING OF AGREEMENT When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at least six unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen (1 5) days thereafter, Contractor shall sign and deliver at least six counterparts of the Agreement to Owner with all other Contract Documents attached. Within ten (10) days thereafter, Owner -- will deliver all fully signed counterparts to Contractor. Engineer will identify those portions of the Contract Documents not fully signed by Owner and Contractor and such identification shall be binding on all parties. O0100-9 SECTION 00300 Proposal and Bid Form FOR' Traffic Signal System Improvements along Denton Tap, TLS II (Bid No. Q0992-02) -- TO: City of Coppell (hereinafter called "Owner") c/o City Purchasing Agent's Office P.O. Box 478 '- 255 Parkway Boulevard Coppell, Texas 75019 -- Gentlemen: The BIDDER, in compliance with your invitation for bids for the above referenced project, -- having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to -- furnish all labor, materials, and supplies, and to construct the project in accordance with the Contract Documents, of which this proposal is a part. -- The undersigned, as BIDDER, declares that the only person or parties interested in this proposal as principals are those name herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of Contract, Notice to Bidders, Specifications, and the Plans herein referred to and has carefully examined the locations, conditions and classes of materials called for in the Contract and Specifications in the manner prescribed and according to the requirements of the Owner as herein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. Payments for such items will be made on the basis of the actual quantity incorporated in the work. IT is further agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below, except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the OWNER, but now shown on the Plans or required by the Specifications, in accordance -- with the provisions of the General Conditions. Similarly, They may be decreased to cover deletion of work so ordered. 00300-1 BIDDER hereby agrees to commence work under this Contract on or before a date to be specified in written "Notice to Proceed" by the OWNER and to fully complete the project within 60 consecutive calendar days thereafter as stipulated in the specifications. BIDDER further agrees to pay as liquidated damages, the sum of 8250.00 for each consecutive calendar day thereafter as hereinafter provided in Paragraph 1.4, E of this Special Conditions. Accompanying this proposal is a Certified or Cashier's Check payable to the City of Coppell (Bid Bond) in the amount of ($,~00,~1, which is five percent (5%) of the greatest amount bid. BIDDER acknowledges receipt of the following addendum: (If non-issued, indicate N/A) ADDENDA # DATE ADDENDA # DATE ADDENDA # DATE ADDENDA # DATE SUBCONTRACTORS BIDDER shall list below principal subcontractors proposed for use on this project: NAME ADDRESS PHONE NO. "~ 5o$3 BIDDER agrees to perform all the work described in the Specifications as shown on the Plans for the following unit prices: (Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in .words will govern.) 00300-2 NO. . DESCRIPTION I ~UANTITY _ UNIT ..... L . PRICE 1 U~I_T Pr{ICE WRITTEN 3 6 - Pair #19 AWG Cable 11,60C FT (Underg[p. und) ... 4 Controller Upgrade at Wrangler 1 LS 6 Controller Upgrade al Belhel 1 LS .... 7 Master Controller at Bethel 1 LS ~O~O. oo '~o~S~ ~, goi~ 0 Conlroller Upgrade at Belhel School I LS ~O0.O0 J~p A~.CJ,'e ~ ~.i/~ r/ 9 Conlroller Upgrade at Sandy Lake 1 LS 10 Controller Upgrade at Parkway 1 LS _(~urnish and Inslall) ~d~L~S BID SUBTOTAL SANDY LAKi~ TO PAFIKWAY (PROPOSED HOUTE) I ESTIMATED J I UNITI ITEM NO. DESCRIPTION QUANT!TY UNIT PRICE UNIT PRICE WRITTEN P.R.I__C_CE 13 2' Conduit (Bored) 700 FT 14 2' Conduit (Trenched) 2300 FT ~ ,'-/0 BID SUBTOTAL I~)cl~. OD I SANDY LAKE TO PARKWAY {ALTERNATIVE ROUTE) 0 0 ESTIMATED UNIT ITEM o DESCRIPTION QUANTITY UNIT PRICE UNIT PRICE WRITTEN ~P__,R.ICE 18 2' Conduit (Trenched} 600 FT 19 6 - Pair #19 AWG Cable 600 FT \ "Zo 20 6 - Pair #19 AWG Cable 2500 EA \ BID SUBTOTAL ? '""""'": ...... =" "BID FORM .. ;~: .:~; ; . . _ - TRAFFIC SIGNAL SYSTEM INSTALLATION , , MacAFITHUFI AND SANDY LAKE - ESTIMATED UNIT ITEM . . .__. DESCRIPTION __QUANTITY UNIT PRICE UNIT PR.I.C..E. WRI_T_-[E.N PRICE I I I - 22' Conlrol Cabinel and Inslallalion 1 LS ~"~9.09 ~"~' 1~3v,~,~-,~cl -~'~',,~ ~t,,,,,,I,~ I (MacArmur and Sand L~.9.~J' S~,'t'~ ~-~\~-.,(,~ ~'S-~,3.39 BID SUBTOTAL TRAFFIC SIGNAL SYSTEM INSTALLATION BID TOTALS o o PROP-SED ' ' ALTERN~'rlVE o INNERCONNECT INNERCONNECT , ~,O,U~TE nOU,TE WRANGLER TO SANDY LAKE SUBTOTAL ~L ~.J ~,-/O. 0 O ~ '1 ;),-lo. SANDY LAKE TO PARKWAY SUBTOTAL \ (~c-~%~. 0 O "'l-i ~0. MacARTI-IUR AT SANDY LAKE SUBTOTAL ~-~--~ O, o '~ .~- (.., O, th The total ~t bid incl~udes separmre material cost and services cos{ which results in a Seper~tm Contrmct as provided by H.B. 11.. The bidder is expect_~ to cc~ply with all the re~,~rements of the Stata Sales Trax Law including H.B.11 plus separate the total contrmct amount into material cos~ amd services charges as provided below. (See in~L~dctions to Bidders (section 1.16) for K~ra information). Wrmngler to Parkay with Proposed Interconnect Route TOTAL MATERLkLS COST: TOTAL SERVICES CHARSES: TOTAL AMOUNT BID: Wrangler to Parkway with Alternative Interconnect Route $ I 'lOqo,oJ 00300-6 The above unit prices shall include all labor, materials, bailing, shoring, removal, overhea, d, profit, insurance, etc., to cover the finished work of the several kinds called for. BIDDER understands that the OWNER reserves the right to reiect any or all bids and to waive any informalities in the bidding. The BIDDER agrees that this bid shall be good and may not be withdrawn for a period of - ninety (90) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, BIDDER will execute the formal Contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by the _ attached in the sum of ~J.~..~. c,I .... ~ ($_c--~, S ,',~ .o~) is to become the property G~e~e,n e r aI fl,Con.ditions. The Bid Security _ _._/, .z~,,,,~,~=z~= 'in '~event the Contract and Bono are not executed within the time above caused - oft the uvv,'~,, set forth, as liquidated damages for the delay and additional expense to the OWNER thereby. Respectfully submitted, -- -- (Firm) -- Title: - (SEAL-if bid is by a corporation) (Business Address) - (Telephone Number) -- 00300-7 International Fidelity Insurance Company 24 COMMERCE STREET NEWARK. N. J. 07102 BBSU #855055-92-13 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Arjang Systems, Inc., 9200 Sovereign Row, Dallas, Texas 75247 as Principal, and THE INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation of the State 9f New Jersey, as Surety, are held and firmly bound unto The City of Coppell, Texas in the penal sum of 5% of the Amount Bid, Not to Exceed Four Thousand Seven Hundred Fifty and no/lO0 ....... for the payment of which, well and truly to be made, we hereby jointly and _ severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this 13th day of October 19 92 The condition of the above obligation is such that whereas the Principal has submitted to The City of Coppell, Texas a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for Traffic Light Synchronization, Project II NOW, THEREFORE, (a) If said bid shall be rejected, or in the alternate _ (b) If said bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto, properly completed in accordance with said bid, and shall furnish a bond for the faithful performance of said Contract, and for the payment of - all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement crea, ted by the acceptance of said bid; THEN, THIS OBLIGATION SHALL BE VOID, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of - said Surety and its bond shall be in no way impaired or affected by any extension of time within which the said bid may be accepted; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereto set their hands and seals, and such of them as are corporations have caused their corporate seals, to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Signed, sealed and delivered in the presence of: Arjang Syst~, In9. ~- - - '~ ,.-,.,.,c t,.,._ . ~._._~ , r.- /' ATTEST: '-~ ['"~, ~' ' Principal "' - ATTEST' ~/ INTERNAT~0NAL F~DEDITY/~SUP, ANCE CO. - Bid Bond Che;yl L.~u~ph~ey, A~t0rn4--In-F~-' IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 -- FAX ~(512) 475-1771 - PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim ,- you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. A'I-rACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or - condition of the attached document. POWER OF ATTORNEY ,,oN, so. SSS0SS-92- INTERNATIONAL FIDELITY INSURANCE COMPANY' HOME OFFICE: 24 COMMERCE STREET NEWARK, NEW JERSEY 07102 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having its I~rincipal office in the City of Newark, New Jersey, does hereby constitute and appoint PLANO, TEXAS: . : ' · ; ' its true and lawful attomey(s)-in- fact to execute, seal and deliver for and on its behalf as sure~, any and all bonds and undertakings, contracts ofindemni~ and other writings obligato~ in the nature thereof, which are or may be allowed, required or pe~itted by law, statute, rule, regulation, contract or othe~ise, and the execution of such instrumenl(s) in pu~uance of these presents, shall be as binding upon the said I~ERNATION~ ~DELi~ INSU~CE COMPS, as Rdly and amply, to all intents and pu~oses, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Anorney is executed, and may be ce~ificxl to and may be revoked, pumtmnt to and by aulhofi~ of A~icle 3-S~don 3. of the By-Laws adopted by the Board of Dirt~to~ of INTERNATIONAL FIDEH~ INSU~NCE COMPANY at a meeting called and held on the 7th day of Febma~. 1974. The President or any Vice President, Executive Vice President. Secretary or Assistant Secretary, shall have power and authority (I) To appoint Attorneys-in-fact. and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and t, nderhlkings, contracts of indemnity and other writings obligatory in the nature thereof and. (2) To remove. ;it any time, any such Attorney-in-fact and revoke the authority given. Further. this Power of Attorney is signed anti sealed by ~icsimile pursuant to resohition of the Board of Directors of said Company adopted at ii meeting duly culled and held on thc 29th day of April. 19R_2 ofwhlch the Ibllowing is a Iruc excerpt: Now therefore lite signalures of such officers and the seal of the Company may be alTixcd to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company anti any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FI DELITY INSURANCE COMPANY has caused this instrument to _ ~ ~ be signed and its corporate seal to be affixed by its authorized officer, this 1st day of May, A.I). 19~)1.~ INTERNATIONAL FIDELITY INSURANCE COMPANY County of Essex On this Ist day of May I~-)1: before me came the individual who executed the preceding instrument, to me personally known, and. being by me duly sworn, said that he is the therein described and authorized ofllcer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company: that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Ccrmpany. ~ '~',,"' '".~,q, "- at the City of Newark, New Jersey the day and year first above wriiten. ? t,V *g A NOTAR,, ,, ,C OF NEW JERSEY I. the u nderslgned oflicer of INTERNATIONAL FIDE LITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy ofthe -- Power o{'Attorncy and affidavit, and the copy or the Seclion of the By-Laws ofsaid Company as set forth in said Power of Attorney, with Ire OR[OINALS ON FI LE IN TH E I-{OM E OFFICl~ OF SAiD COMPANY. and that the same are correct transcripts thereof, and oFthe whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effec' IN TESTIMONY WHEREOF, I have hereunto set my hand this 1 3%hday of October 19 92 -- ' Assistant Secretary IMPORTANT NOTICE: This Power of Attorney must be BlUE In color. If it Is not BLUE, this is not in authentic Power o! Attorney. , TABLE OF C,O~ FO~ G~ CONDITIONS OF AGI~lr~,MENT 1. Definition of Terms Page 1.01 Owner, Contractor and Engineer ...................... G-1 G-1 1.02 Con~ract Documents ...................... 1.03 Sub-Contractor . .. ........................ G-I G-1 1.04 Written Notice ............................ 1.05 Work ................................ 1.0~; Extra Work .............................. G-1 1.07 Working Day ' . .............. G-1 1.08 Calendar Day ............................. 1.09 Substantially Completed ......................... G-1 2. Responsibilities of the Engineer and the Contractor 2.01 Owner-Eng/neer Relationship ....................... G-2 2.02 Profe-~onal Inspection by Engineer .................... G-2 2.03 Payments for Work ...... ' ..................... G-2 2.04 Initial Determinations .......................... G-2 2.05 Objections .............................. G-2 G-2 2.06 Lines and Grades . . ......................... 2.07 -Contractor's Duty and Superintendence ................... G-2 2.08 contractor's Understanding ........................ G-3 2.09 Character of Workmen ......................... G-3 G-3 2.10 contractor's Buildings ......................... 2.11 Sanitation ............................. G-4 2.12 Shop Drawings ............................ G-4 G-4 2.13 ~eliminary Approval ......................... 2.14 Defects and Their Remedies ....................... G-4 G-5 .2.15 Changes and Alterations ......................... 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible ................ G-5 G-5 3.02 Ownemhip of Drawings ......................... 3.03 Adequacy of Design ......................... G-5 3.04 R/iht of Entry ............................. G-5 G-5 3.05 Collateral Contracts ........................... 3.06 Discrepancies and Omhsions ....................... G-5 3.07 Equipment, Materials and construction Plant ................ G-5 3.08 Damages ............................... G-6 3.09 Protection Against Accident to Employees and the Public ............ G.6 3.10 Performance and Payment Bonds .......................... G.6 3.11 Losses from Natural Cau.~.s ............................ (3-6 3.12 Protection of Adjoining ProperW.. 3.13 Protection Against Claims of Sub-COntractors, Etc ................. G-6 3.14 Protection Against Royakies or Patented Invention ................ G-? '3.15 Lawsand Ordinances ............................... G-? 3.16 Assignment and Subletting ............................ 3.I? Indemnification ................................. 3.18 Contractor's Liability Insurance ......................... (3-8 3.18.1 Certificate of Insurance ............................. 4. Prosecution and Pro~ress 4.01 Time and Order of Completion .......................... G-8 4.02 Extension of Time ................................ G-9 4.03 Hindrances and Delays .............................. G-9 5. Measurement and Payment 5.01 Quantities and Measurements ........................... G-9 5.02 Estimated Quantities ............................... G-9 5.03 Priceof Work ................................... G-9 5.04 Partial Payment .................................. G-10 5.05 Use of Completed Portions ............................ G-10 5.06 Final Completion and Acceptance ........................ G-10 5.07 Final Payment .................................. G-10 5.08 Payments Withheld ................................ G-10 5.09 Delayed Payments ..... ~ ........................... G-Il 6. Extra Work and Claims 6.01 Change Orders ................................... G,11 6.02 Minor Changes .................................. G-11 6.03 Extra Work .................................... G-11 6.04 Time of Filing Claims .............................. G-12 6.05 Arbitration ..................................... G-12 ' 7. Abandonment of Contract 7.(~1 Abandonment by Contractor ........................... G-13 7.02 Abandonment by Owner ............................. TC-2 · ', '" "-- '" GENERAL CONDITIONS OF AGREEMENT 1. DEFINITIONS OF TERMS ' 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract'Documents as it singular in number and masculine in gender. The term ENGINEER means the ENGINEER or his duly authorized representative. The ENGI- NEER shall be understood to be the ENGINEER of the OV~qER, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the ENGINEER and the CONTRACTOR. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Contractors (Advertisement), Special Conditions (Instructions to Bidders), Proposal, signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Technical Specifications, Plans, and all modifications thereof incorporated in any of the documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in ~rson to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered, mail to the last business address known to him who gives the notice. 1.05 WORK. The CONTRACTOR shall provide and pay for all materials, supplies, machin- ery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel. transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. MateriaLs or work described in words which $o applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.06 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the ENGINEER or OWNER to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably 'implied by the specifications, and not covered by the CONTRACTOR'S Proposal, except az provided under "Changes and Alterations", herein. 1.07 WORKING DAY. A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the CONTRACTOR, will permit construction of the principal units of the Work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted. 1.09 SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to s~nte its inteaded purpose, but still may require minor miscellaneous work and adjustment. 2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR 2.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER will. be the OWNI~R'S representative during construction. The duties, responsibilities and limitations of authority of the ENGINEER as the OWNER'S representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the 'OWNER and ENGINEER. The ENGINEER will advise and consult with the OWNER, and all of OWNER'S -- instructions to the CONTRACTOR shall be issued through the ENGINEER. 2.02 PROFESSIONAL INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the ENGINEER shall not be responsible for making an.y detailed, exhaus. i t~ve, comprehensive or continuous on-site inspection of the quality or quantity of the work or be in '.' .~ny way responsible, directly or indirectly, for the construction means, methods, techniques, se- quences, quality, procedures, programs, safety precautions or ]ack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Doc,~ment, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR'S or subcontractor's agents, servants or employees or any other person, firm or corporation perform. lng or attempting to perform any of the work. 2.03 PAYMENTS FOR WORK. The ENGINEER shall review CONTRACTOR'S applications for payment and supporting, data, determine the amount owed to the CONTRACTOR and approve, in writing, payment to CONTRACTOR in such amounts; such approval of payment to CONTRAC- TOR constitutes a representation to the OWNER of ENGINEER'S professional judgment that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such approva. 1 of an application for payment to CONTRACTOR shall not be deemed as a representatiov by ENGINEER that ENGINEER has made any examination to determine how or for what purpose CONTRACTOR has used: the moneys paid'on account of the Contract price. 2.04 INITIAL DETERMINATIONS. The ENGINEER initially shall determine all claims, disputes and other matters in question between the CONTRACTOR and the O'~,~ER relating to the execution or progress of the work or the interpretation of the Contract Documents and the ENGINEER'S decision shall be rendered in writing within a reasonable time. Should the ENGI- NEER fail to make such decision within a reasonable time, appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 2.05 OBJECTIONS. In the event the ENGINEER renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the ENGINEER within thirty days his written objection to the decision, and by such action may reserve the right to submit the question so raised to arbitration as hereinafter provided. 2.06 LINES AND GRADES. Unless otherwise specified, all lines and grades shall be furnished by the ENGINEER or his representative. Whenever necessary, construction work shall be suspended to permi performance of this work, but such suspension will be as brief as practicable and the CO~ITRACTOR shall be allowed no extra compensation therefor. The CONTRACTOR shall give the ENGINEER ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the CONTRACTOR, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the CONTRACTOR'S expense. 2.07 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this cov_~_r~_¢~_, with_full power and authority to select the means, method and manner of performing such work, so long az such methods do not adversely affect the completed improvements, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the CONTRACTOR shall' be solely responsible for the safety of himself, his employ- ees and other persons, az well az for the protection of the safety of the improvements being erected and the property of himself or any other person, az a result of his operations hereunder. Engineer- ing construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the ENGINEER shall not be interpreted az requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR sha/l be full>' and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage or iniury incident thereto, either to person or property, including, without limitatic~n, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precau- tions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during '~:onstruction, or any clarification of plans and specifications, by the ENGINEER, or any agent, employee, or represen- tative of either of them, whether through personal observation on the project sfte or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling CONTRACTOR to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety-of means and methods of the CONTRACTOR in performing said contract, and the adequacy of any designs, plans or ocher facilities for accomplishing such performance. Deviation by the CONTRACTOR from plans and specifications that may have been in evidence during any such visitation or observation by the ENGINEER, or any of his representatives, whether called to the CONTRAC- TOR'S attention or not shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said plans and specifications. 2.08 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CON- TRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encoun- tered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can ~.n any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER or ENGINEER either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 CHARACTER OF WORKMEN. The CONTRACTOR agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the ENGINEER shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the ENGINEER'S written consent. 2.10 CONTRACTOR'S BUILDINGS. The building of structures for housing men, or the erection of tents or other forms of protection, will be permitted only at such places as the ENGINEER shall direct, and the sanitary conditions of the 'grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. 2.11 SANITATION. Necessary sanitary conveniences for the use of laborers on the ~,ork, properly secluded from public observation, shall be constructed and maintained by theCONT~C- TOR in such manner and at such points as shall be approved by the ENGINEEB:., and their use shall be strictly enforced. 2.12 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the ENGINEER shall pass upon them with reasonable prompt- ness, making desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two corrected copies and furnish such other copies as may be ~e~ed. The ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called the ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him from responsibility for 'errors of any sort in shop drawings or schedules. It shall be the CONTRAC- TOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans .and specifications and within the contract time. Such review by the ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty az an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. 2.13 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations of this contract for the furnishing by the CONTRAC'~OR of good material, and of his performing good work as herein described, and in full accordance with the plans and specifica- tion. No failure or omi.~ion of the ENGINEER to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligations to fully and .properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the ENGINEER shall, upon request of the CONTRAC- TOR, inspect and accept or reject any material furnished, and in event the material has been once accepted by the ENGINEER, such acceptance shall be binding or, the OWNER, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re-examination, by the ENGINEER, prior to final acceptance, and if found not in accordance with the specification~ for ·aid work, all expense of removing, re-examination and replacement r, hall be borne by the CONTRACTOR, otherwise the expense thus incurred shall be allowed as EXTRA WORK, and shall be paid for by the OWNER; provided that, where inspection or approval is specifically required by the specifications prior to performance of certain ',,",rk, should the CONTRACTOR proceed with such work without requesting prior inspection or a~.droval he shall bear all expense of taking up, removing, and replacing this work if so directed by the ENGINEER. 2.14 DEFECTS AND THEIR REMEDIES. It ia further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the speci- fications, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the OWNER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. G-4 o .. ,..-~ ........ If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Pay- ment.'' If the ~mount of work is increased, and the work c~n fairly be classified under the speci- fications, such increase ~all be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment;" otherwL~, such additional work shall be paid for ~s provided under 'Extra Work. In c~e the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor ~o used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES 3.01 KEEPING OF PLA.NS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the sa. se - constantly accessible on the work, with the latest revisions noted thereon. 3.02 OWNERSHIP OF DRAWINGS. All drawings, specificalioas and copies thereof furnished - by the ENGINEER shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the OWNER. - 3.03 ADEQUACY OF DESIGN. It is understood that the OWNER believes it has employed i competent engineers and designers. It is, therefore, agreed that the OWNER shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and - the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of - proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 3.04 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or - installing such collateral work as said OWNER may desire. 3.05 COLLATERAL CONTRACTS. The OWNER agrees to provide by separate contract or · - otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said CONTRAC- TOR, except where such delays are specifically mentioned elsewhere in the Contract Documents. 3.06 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the ENGINEER shall define which is intended to apply to the work. 3.07 EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR shall be responsible for the care, preservation, conservation, and protection of all materials, _ supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. G-5 ¢) ................ 3.08 DAMAGES. In the event the CONTRACTOR is damaged in the course of the comple- tion of the work by the act, neglect, omission, mistake or default of the OWNER, or of the ENGINEER, or of any other CONTRACTOR employed by the OWNER upon the work. t'herebv causing loss to the CONT. P~.CTOR, the OWNER a~rees that he will reimburse the CONTRACTOR for such loss. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the'CONTRACTOR shall reimburse the OWNER for such loss. 3.09 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes..All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contract. ors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an independent contractor. 3.10 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further agreed by the parties to this Contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract, and it is agreed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by the OWNER. Unless otherwise approved in writing by the OWNER, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the CONTRACTOR'S proposal. 3.11 LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 3.12 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The GONTiR. AGTOR agrees to indemnify, save and hold harmless the OWNER and ENGINEER against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract; but any such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 3.13 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS, LABORERS, MATER- ' IALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRAC- TOR agrees that he will indemnify and save the OWNER and ENGINEER harmless from all claims growing out ot the lawful demands of sub-contractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the G-6 o ,, .... '-'--' '" ..... nature hereinabove designated have been paid, dh~ch~rged or waiv~l. If the CO~I~RACTOR so to do, then the O~ER may at the option of the COCA'OR either pay d~tly unpaid bil~, of which the O~ER h~ ~itten notice, or withhold from the unpaid compen~ion a sum of money d~m~ re~nably sufficient to liquidate lny and ~ such lawful claims until ~t~actory evidence ~ furn~h~ that ~1 ~abiliti~ have ~n fury d~~, whereupon payments to the CONTRA~R sh~l be r~um~ ~ fuU, in accord~ce vith the - of th~ contract, but in no even~ ~1 the pro~o~ of th~ ~ntence ~ co~.~ obligation upon the O~ER by ekher the CO~~R or h~ S~e~?. 3.14 PROTECTION AG~ST ROY~TI~ OR PATteD ~ON. ~e CON- TRACTOR shall pay ~I royaki~ ~d lice~ f~s, and ~all provide for the ~ of any d~, device, material or proc~ cover~ by le~e~ pa~en~ or copyright by suitable l~g ~ment wRh ~he pacen~ cr owner, The COCA,OR shall defend ~ sui~ or cl~s for ~gngement of any pa~ent or copyrigh~ r~h~ and ~1 ~demnUy and ~ve ~he O~ER ~nd ENGINEER h~ from any Io~ on accoun~ ther~f, except tha~ the O~ER sh~ defend ~ such sui~ and c~ and sha~ be respo~ible for gl ~uch 1o~ when a p~ticul~ d~, de~ce, mateH~ or proc~ or ~he produc~ of a p~icula manufacturer or manufacture~ ~ sp~Ui~ or r~uS~ by ~e Q~R; provide, however, U choice of g~mate d~, device, ma~ or pro~ ~ ~ow~ to the CONT~A~OR, ~hen CONVAIR sh~ indemnUy ~d ~ve O~R ~1~ from on accoun~ lhereof. U t.e ma~eri~ or proc~ s~cUi~ or r~uS~ by the O~ER men~, ~he CONTRAC~R sh~l be respo~ible for such lo~ uSe~ he promp~v~ such information to the 3.15 LAWS ~ND ORDIN~CES. The CON~A~OR shgl st ~ ~ obese ~d comply with all FMeral, S~a~e and loc~ laws, ordinanc~ and r~ulatio~, which ~ ~y manner ~f~t the con~rac~ or ~he work, ~d sh~ indem~fy ~d ~ve h~ml~ lhe O~ER ~d ENG~EER any claim a~ng from ~he violation of ~ny such laws, ord~c~, ~nd r~tio~ whether by the CONT~ACTO~ or h~ employees, except where such violafiom ~e ~1~ fo~ by the prov~o~ of the Con~rac~ Documents. If ~he CONTKAC~R ob~ tha~ the pl~ and s~Eics~io~ at variance ~herewkh, he shall promptly no~Uy the ~G~R ~ ~R~, ~d ~y nec~ changes shall be ad]ust~ ~ pro~d~ in the con~rsct for ch~g~ in the work. U the CON~C- TOR performs any work know~g it to be con~r~y ~o such laws, ord~c~, ~ ~d re~tio~, and wkhou~ such no,ice ~o the ENG~EER, he shall ~ gl cos~ ~ng therefrom. In c~ the O~ER ~ a body polRic ~nd corporate, ~he law from which it deHv~ i~ ~we~, ~f~ ~ the nme regulates ~he obiec~ for which, or the m~ner ~ which, or ~he conditiom under which the O~ER may enler in~o contract, sh~l be con~roll~g, ~d ~ ~ co~der~ ~ p~ of th~ con~rac~, ~o ~he ~e ~f~ ~ though embodi~ here~. 3.16 ASSIGNMENT ~D SUBLETING. The COCA,OR f~ther ~ ~hst he w~l retain personal control lnd w~ ~v~ h~ ~ong s~ention to the fulf~men~ of th~ contract ~d tha~ he will no~ ~i~ by Power of Attorney, or othe~, or tablet ~d con~sct without the wrkten consent of ~he ENG~ER, ~nd that no p~t or feature of the work - anyone obiec~ionable to the ENG~EER or ~he O~ER. The CO~RA~R fu~her tha~ the suble~ing of lny ~r~ion or feature of the work, or ~teH~ ~uS~ ~ the ~o~lnce of ~h~ con~racL shall not re~eve the CO~A~R from h~ fu~ ob~s~o~ ~ the O~ :- provid~ by [h~ ~men~. 3.17 INDEMNIFICATION. The CO~~R ~ defend, ~demnUy ~d hold h~ml~ - the O~ER and the ENGI~R ~nd ~he~ ~c~ive officers, ~en~ ~d employe~, fr~ and ~galns~ all dam~, claims, lo~s, demands, suit, judgmen~ ~d ~s~, ~cluding re~n~ble attorneys' fe~ ~nd expend, ~r~in~ out of or resulting from the ~o~nce of the work, provided tha~ any such damages, claim, lo~, demand, suR, jud~menL cost or ex~: (1) Is attributable to bodily injury, sickne=, d~ or death or to ~iury to or destruction of ~angible proper~y (o~her than ~he work i~lf) - including ~he io~ of use resuking therefrom; and, (2) Is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the ENGINEER, his ailents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the ENGINEER, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. 3.18 INSU~{.ANCE. The CONTRACTOR at his own expense shall purchase, maintain and keep in force such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S operations under the Contract, whether such operations be by himself or b~ any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (1) Workmen', compensation claims, disability benefits and other similar employee benefit acts; (2) Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual bodily injury liability coverages; (3) Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees, and claimi insured by usual bodily injury liability coverages; and ' (4) Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 3.18.1 CERTIFICATE OF INSURANCE. Before commencing any of the work, CONTRAC- TOR shall file with the OWNER valid Certificates of Insurance acceptable to the OWNER and the ENGINEER. Such Certificates shall contain a provision that coverages afforded under the policies will not be cancelled until at least fifteen days' prior written notice has been given to the OWNER. The CON'TRACTOI~. shall also file with the OWNER valid Certificates of Insurance covering all sub-contractors. t. PROSECUTION AND PROGRESS 4.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract, unless otherwi.~ herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction: provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parl. s of the work, and estimated dates of completion of the several parts. G-8 ~ ' "' ~'-- '"' '"' :.: 4~02 ;EXTENSION OF TI~{E. Should the CONTRACTOR be delayed in the completion ot the work ~oy .any act or neglect of the OWNER or ENGINEER, or of any employee of either, crt by other contractors ~mptoyed by the OWNER, or by changes.ordered in the work, or by Strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the ~CONTRACTOR'S control, or by any cause which the ENGINEER shall decide justLfies the-delay, 'then an extension .of time shall be allowed for completing the .work, sufficient to compensate for the delay,, the amount 'of the extension to be determined ..by the ENGINEER, provided, however, that the CONTRACTOR shall give the ENGINEER prompt, notice in writing of the cause of such delay. .. ~-' 4.03' 'HIN~DRANCEs 'AND DELAYS. No claims shall be made by the CONTRACTOR for damages.resulting from hindrances or delays from any cause (except where the work is stopped by Order Of the O~ER) during the progress of any portion of the work embraced in this contract. In' ~a~e s~id work shall be stopped by the act of the OWNER, then such expense as in the judgment of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. 5. MEASUREMENT AND PAYMENT · : 5.0i QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 ESTIMATED QUANTITIES. This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder.' Where the estimated quantities are shown for the various classes of work to be done and material to b'e furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. lit is understood ~nd agreed that the actual amount of work to be done and material to be furnished Under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and the material furnished. Wher~ payment is based on the unit price method, the CON'I'T~.ACTOR agrees that he will r~ake nO claim for damages, anticipated profits or otherwise on account of any differences which ?nay be found between the quantities of work actually done, the material actually furnished ~nder this contract and the estimated quantities contemplated and contained in the proposal; ~provided, however, that in case the actual quantity of any major item should become as much 'as 20% mort tha~, or 20% less than the estimated or contemplated quantity for such items, then 'either party to this Agreement, upon demand, shall be entitled to a revised consideration upon the portion of the work above or below 20% of the estimated quantity'. "A "Mu'jot Item" shall be construed to be any individual bid item incurred in the proposal that 'has a ~otal cost.equal to or greater than five (5) per cent of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. '~'" '~ ~Any revised consideration is to be determined by agreement between the parties, otherwise · '~'" ':5'.03 )PRICE OF WORK. ~In consideration of the furnishing of all .the n'ecessary labor, 'eq~'ipm'ent ~nd material,', and 'the completion of all work by the CONTRACTOR, and on the completion of all work and of the delivery of all material embraced in this Contract in full i~:onformity with the specifications and stipulations herein contained, the OWNER agrees to pay ,t. he CONTRACTOR the prices set. forth in the Proposal hereto attached, which has been made a part of this 'contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing all material and ail labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement. G-9 o 5.04 PARTIAL PAYblENTS. On Or before the 10th day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER for approval or modification a statement showing as completely as practicable the total value of the work done by the CONTRACTO1R, up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on the site of the work that are to be fabricated into the work. The OWNER shall then pay the CONTRACTOR on or before the 15th day of the current month the total amount of the approved statement, less ~0 per cent of the amount thereof, which 10 per cent shall be retai~led until final payment, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may-upon written recommendation of the ENGINEER-pay a reasonable and ectuitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OV~'NER'S option, may be relieved of the obligation to fu]!y complete the work and, thereupon, the CON- TRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." 5.05 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the CONTRACTOR shall be entitled to such extra compensation, or extension of time, or both, as the ENGINEER may determine. The CONTRACTOR shall notify the ENGINEER when, in the CONTRACTOR'S opinion, the contract is "substantially completed" and when so notifying the ENGINEER, the CONTRAC- TOR shall furnish to the ENGINEER in writing a detailed list of unfinished work. Tile ENGINEER wilt review the CONTRACTOR'S list of unfinished work and will add thereto such items as the CONTRACTOR has failed to include. The "substantial completion" of the structure or facility shall not excuse the CONTRACTOR from performing alt of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documenta. 5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CON- TRACTOR has given the ENGINEER written notice that the work has been completed, or substantially completed, the ENGINEER and tile OWNER shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and tile CONTRACTOR his Certificate of Completion, and thereupon it shall be the duty of the O'~,'NER within ten (10) days to issue a Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRAC- TOR in writing of the reason for non-acceptance. 5.07 FINAL PAYMENT. Upon the issuance of the Certificate of Completion, the ENGI- NEER shall proceed to make final measurements and prepare final statement of the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the OWNER, who shall pay to the CONTRACTOR on or after the 30th day. and before the 35th day, after the date of the Certificate of Completion, the balance due the CONTRACTOR under the terms of this Agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon ~aid performance by the CONTRACTOR. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required. 5.08 PAYMENTS WITHHELD. The OWNER may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: G-10 (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the CONTRACTOR to make payments properly to sub- contractors or for material or labor. (d) Damage to another contractor. (e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (f) Reasonable indication that the work will not be completed within the contract t/me. " When the above grounds are removed or the CONTRACTOR provides a Surety Bond satisfactory to the OWNER, which will protect the OWNER in the amount withheld, payment shall be made for amounts withheld because of them. 5.09 DELAYED PAYMENTS, Should the OWNER fail to make payment to the CONTRAC- TOR of the sum named in any partial or final statement, when payment is due, then the OWNER shall pay to the CONTRACTOR, in addition to the sum shown as due by such.statement, interest thereon at the rate of six (6) per cent per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payments," until full./ paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay.in payment, but the right is expresdy reserved to the CONTRACTOR in the event payments be not promptly made, as provided under "Partial Payments," to at any time thereafter treat the contract as abandoned by the OWNER and recover compensation, as provided under "Abandonment of Contract," unless such payments are withheld in accordance with the provhions of "Payments Withheld." 6. EXTRA WORK AND CLAIMS 6.01 CHANGE ORDERS: Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the b~si~ for any change ir, contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result - from the change. .. In the event the CONTRACTOR shall refuse to execute a Change Order which has been prepared by the ENGINEER and executed by the OWNER, the ENGINEER may in writing - instruct the CONTRACTOR to proceed with the work as set forth in the Change Order and the CONTRACTOR may make claim against the OWNER for Extra Work involved therein, as herein- after provided. '- 6.02 MINOR CHANGES: The ENGINEER may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the CONTRA~R believes that any minor change or alteration authorized - by the ENGINEER involves Extra Work and entities him to an increase in the Contract Price, the CONTRACTOR shall make written request to the ENGINEER for a written Field Order. In such case, the CONTRACTOR by copy of his communication to the ENGINEER or - otherwise in writing shall advise the OWNER of his request to the ENGINEER for a written Field Order and that the work involved may result in an increase in the Contract Price. Any request by the CONTRACTOR for a change in Contract Price shall be made prior to .. beginning the work covered by the proposed change. ,~-6.03 EXTRA WORK: It is agreed that the bash of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall - be determined by one or more of the following methods: G-11 ~v., ,-- ,--- ,~, ,,,, Method (A)--By a~'eed unit prices; or Method (B)--By ~greed lump sum; or Method (C)--If neither Method (A) nor Method (B) be ~ upon before the Extra Work is commenced, then the CONTRACTOR be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be' performed and paid 'for under Method (C), then the pro- visions of this paragraph shall apply ~nd the "actual field cost" is hereby defined to include the cost to the CONTRACTOR of all workmen, such as foreman, timekeepers, mechanics ~nd laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual tr~-~portation charges incurred, together with all power, fuel, lubricants, water and similar operating expense, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits ~nd other payroll t~.xes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or d~rected by the OWNER, or by them agreed to. The ENGI]qEER may direct ~he form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, .the method of doing the work and the type and kind of machinery and equip- m.-nt to be used; otherwise these matters shall be determined by the CONTIL~,CTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 per cent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the Written Extra Work Order. The fifteen (15%) per cent of the "actual field cost" to be paid the CONTRAC- TOR shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the CONTlq. ACTOR'S Camp or Field Office must be maintained primarily on account of such Extra Work; then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRAC- TOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the ENGINE, ER insists upon its performance, 'the CONTRACTOR shall proceed with the work ~fter making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The CONTRACTOR will thereby prer~rve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.04 TIME OF FILING CLAIMS. It is further ~reed by both parties hereto that all questions of dispute or adjusement presen~,d by the CONTRACTOR shall be in writing snd filed with the ENGENEER wRhin thirty (30) day~ ~fter the ENGINEER has ~iven any direction~, order or instruction to which the CONTP, ACTOR desires ~ take exception. The ENGII~r.~R shall reply within thirty (30) days to such wri:t~en -xceptions by the CO~C"TOR and render his final decision in writing. In ca~ the CONTtL~C'I~R thould appeal from the ENGINEER'S decision, any demand for arbitration shall be filed with the ENGINEER and the OWN'ER in. writing within ten (10) days ~f:er the date of delivery to CONTRA~R of the ENGINEEP,'S final decision. It is further agreed that final acceptance of the work by the OWNER and the acceptance by the CONTRA~R of the final payment shall be a bar to any ciaims by either party, except where noted otherwise in the Contract Documents. 6.05 ARBITRATION. All questions of dispute under, this Al?eement shall be submitted to arbitration at the request of either parly to the dispute. The parties may ~ree upon one arbker, o~herwi.~e, there shall be three, one n~med in writing by each party, and the third chosen G-12 ® . ,,_ ,... by the two arbiters ~o selected; or if the arbiters fail to ~elect a third within ten (10) days, he shall be chosen by · District 2udge serving the County in which the major portion, of the project, is located, unless otherwhe specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, h/s right to arbitrate shall lapse, and the decision of the ENGINEER shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the ENGINEER shall appoint such arbiter.'Should either party refuse o: neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take ex parte proceedings. The arbiters shall act with promptness. The decis/on of any two shall be binding on both parties to the contract. The decision of the arbiters upon any question submitted to arbitration under th/s contract shall be · condition precedent to any right of legal action. The dec/sion of the arbiter or arbiters may be filed in court to carry it into effect. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration, upon either or both parties. The award of the arbiters mu.st be made in writing. 7. ABANDONMENT OF CONTRACT 7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume work 'within ten (10) days after written notification from the or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER, when such orders are consistent ,with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and - directed to complete the work, and a copy of said notice shall be deIivered to the CONTRACTOR. After receiving said notice of abandonment the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, i- together with any materials and equipment under contract for the work, may be held for use on the work by the OWNER or the Surety on the performance bond, or another contractor in completion of the work; and the CONTRACTOR shall not receive any rental or credit therefor (except when used in connection with Extra Work, where credit shall be allowed a~ provided for under Section 6, - Extra Work and Claims), it being understood that the use of such equipment and materials will- ultimately reduce the cost to complete the work and be reflected iu the final settlement. Where there is no performance bond provided or in ease the Surety should fail to commence A: compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: - 7.01.1 The OWNER may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies _ to said CONTRACTOR, a.nd expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time become due to the CONTRAC- TOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, it' the same had been completed by the CONTRACTOR, - then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such - excess to the OWNER; or 7.01.2 The OWNER under sealed bids, after five (5) days notice published one or more times in a newspaper having general c/rculation in the county of the location of the work, may - let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case any increase in cost to the OWNER under the new contract as compared to what would have been the cost under this contract, such increase shall be _ charged to the CONTRACTOR and the Surety shall be and remain bound therefor. However, should the cost to complete ·ny such new contract prove to be less than what would have been the cost to complete under this contract, the CONTRACTOR ·nd/or his Surety shall be credited therewith. G-13 ~ "'"" '"" '~' When the work shall have been substantially completed the CONTRACTOR and his Surety. shall be so notified and Certificates of Completion and Acceptance, as provided in P~_rs_graph hereinabove, shall be is.sued. A complete itemized statement of the contract accounts, certified to by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his Surety, or the OWNER as the case may be, shall pay the balance due as reflected by said s~atement, within fifteen (15) days after the date of such Certificate of Completion. '" ' In the event the statement of accounts shows that the cost to complete the work is ]ess than that which would have been the cost to the OWNER had the work been completed bp' the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to the OWNER, then ail machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the CONTRACTOR and/or his Surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due the O~,'NER within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses designated in this contract, provided, however, that actual written notice given in any' manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of the OV,.~ER to exercise ordina'y care to protect such property. After fifteen (15) days from the date of said notice the OV~ER may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public ot prkate sale, with or without notice, as the OWNER may elect. The OI,~,~ER shall release any machinery, equipment, tools,~ materials, or supplies, which remain on the work, and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. The books on all operations provided herein shall be open to the CONTRACTOR and his Surety. ?.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. And thereupon the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR (at the prices stated in ~he attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OV,~ER and all other sums that may be retained by the OWNER under the terms of this A~reement and shall certify same to the OWNER who shall pap' to the CONTRACTOR on or before thirty (30) days after the date of the notification by the CONTRACTOR the balance shown by said final statement as due the CONTRACTOR, under the terms of this Agreement. STANDARD FORM OF AGREEMENT As Adopted By THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS October 7, 1971 Revised November 17, 1928 Revised April 15, 1932 Revised October 27, 1934 Revised October 19, 1945 -. .,. Revised April 8, 1954 .. Revised April 21, 1960 Revised October 7, 1971 Approved as to Legal Form by Legal Counsel STATE OF TEXAS } COUNTY OF Dallas } THIS AGREEMENT, made and entered into this cjH, day of A.D. 19ci?-, by and between City of Coppell of the County of Dallas and State of Texas, acting through ~ ' thereunto duly authorized so to do, Party of the Fist Park, hereinafter termed OWNER, and Arjang Systems, Inc. of the City of Dallas , County of Dallas _ and State of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WlTNESSETH: That for and in consideration of the payments and agreements herein after mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR),, hereby agrees with the said Party of the First Part (OWNER) to commence and complete and construction of certain improvements described as follows: Installation of a "Closed Loop" signal system on Denton Tap Road from Wrangler to Parkway Boulevard and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost an expense to furnish al the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by Barton-Aschman Associates, Inc. SF-1 herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER together with the CONTRACTORS written Proposal, the General ConditiOns of the Agreement, and the Performance and Payment Bonds hereto attached: all of which are made a part hereof and collectively evidence and constitute of entire contract. The CONTRACTOR hereby, agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete the same within 90 calendar day after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions. THE OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written City of Coppell Arjang Systems, Inc. Party of the First Part (OWNER) Party of the Second Part (CONTRACTOR) ATTEST: ATTEST: PERFORMANCE AND OTHER BONDS A. Security for Faithful Performance: Simultaneously with this delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under the contract and furnish materials in connection with this contract. The surety on such bond or bonds shall be by a duly authorized company, satisfactory to the Owner. B. The requirement for Performance and Payment Bonds may be waived under the following conditions: 1. The contract sum is less than the amount of One Hundred Thousand Dollars ($1 OO,OOO.OO). 2.. The General Contractor agrees to one (1) lump sum payment at completion of the project in lieu of standard monthly progress payments. SF-2 PERFORMANCE BOND STATE OF TEXAS } COUNTY OF Dallas } KNOW ALL MEN BY THESE PRESENTS: That of the City of Coun'ty o'f , and State of , as p~ir~c'ipal, and authorizaed under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Coppell (Owner), in the penal sum of Dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 19 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the convenants, conditions, and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall -- be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby wiave notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed -- thereunder. *Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270. -- PB-3 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this __ day of ,19 Principal Surety BY: By: Title: Title: Address: Address: The name and address of the Resident Agenty of Surety is: ~ --: PB-4 PAYMENT BOND · STATE OF TEXAS } COUNTY OF Dallas } KNOW ALL MEN BY THESE PRESENTS: That of the City of count;y of , and State of , as principal, and ,, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Coppell (Owner), in the penal sum of Dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of ,19 , to which contract is hereby referred to and r~ade a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 51 60 - of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. - Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on - this bond, and it does hereby wiave notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. -- Pb-5 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this~dayof ,19__ Principal Surety BY: By: Title: Title: Address: Address: The name and address of the Resident Agent of Surety is: PB-6 -- SECTION 00630 Certificate of Insurance After award of contract, Contracl:or will provide Owner with Certificate of Insurance which will be executed and bound here with final documents. -- 00630-1 SECTION 00650 Special Conditions 1.1 INDEX TO SPECIAL CONDITIONS PARAGRAPH PAGE NO. 1.2 GENERAL 00650-1 -- 1.3 DEFINITION OF TERMS 00650-1-3 1.4. MODIFICATIONS OF GENERAL CONDITIONS OF AGREEMENT 00650-3-9 1.5 CONTRACT EXECUTION & ISSUANCE OF WORK ORDER 00650-10 -- 1.6 STATE & CITY SALES TAX 00650-10 1.7 EXISTING STRUCTURES 00650-10 1.8 PROTECTION & RESTORATION OF PROPERTY 00650-11 -- 1.9 REFERENCE SPECIFICATIONS 00650-11-12 1.10 SUBSURFACE CONDITIONS 00650-12 1.11 SERVICE OF MANUFACTURER'S REPRESENTATIVE 00650-12 -- 1.12 PLANS AND SPECIFICATIONS AVAILABILITY 00650-12 1.13 SUBCONTRACTORS 00650-12 1.14. CONTRACTOR'S RESPONSIBILITY FOR UTILITIES &SERVICES 00650-13 _ 1.15 MANUFACTURER'S DIRECTIONS 00650-13 1.16 SANITARY FACILITIES 00650-13 1.17 GUARANTEE OF WORK 00650-13 1.18 FINAL INSPECTION 00650-14. 1.19 PERMITS &LICENSES 00650-14 1.20 NOTICE OF REQUIREMENT FOR CERTIFICATION OF NON-SEGREGATED FACILITIES 00650-14 -- 1.21 TESTING 00650-14. 1.22 GENERAL NOTES 00650-14-17 SECTION 00650 Special Conditions 1,2 General A. These Special Conditions supplement, modify, change, delete from and/or add -- to the Specifications and the "General Conditions of Agreement". Where any Article of the General Conditions is modified or any Paragraph, subparagraph or Clause thereof is modified or deleted by these supplements, the unaltered -- provisions of that Article, Paragraph, Subparagraph or Clause shall remain in effect. -- 1.3 Definition of Terms Wherever the words, forms or phrases defined herein or pronouns used in their place -- occur in these Specifications, in the Contract, in the Bonds, in the advertisement, or any other document or instrument herein contemplated, or to which these specifications apply or may apply, the intent and meaning shall be interpreted as -- follows: A. Owner: Wherever the word "OWNER" is used in the Specifications and the -- Contract Documents, it shall be understood as referring to the City of Coppell. B. Engineer: Wherever the word "ENGINEER" is used in the Specifications and _ Contract Documents, it shall be understood as referring to the City of Coppell's City Engineer or an authorized representative. C. Advertisement: All of the legal publications pertaining to the work contemplated or under Contract. D. Bidder: Any person, persons, partnership, company, firm, association, or corporation acting directly or through's duly authorized representative submitting a proposal for the work contemplated. E. Contract: The written agreement covering the performance of the work. The Contract includes the advertisement, Proposal, Specifications, including special provisions, Plans or working drawings and any supplemental changes or -- agreements pertaining to the work or materials therefore, and bonds. F. Contractor: The person, persons, partnership, company, firm, association, or -- corporation entering into contract for the execution of the work, acting directly or through a duly authorized representative. -- G. Payment Bond: The approved form of security furnished by the Contractor and surety as a guaranty for the protection of all claimants supplying labor and material in the prosecution of the work provided for in this Contract; said -- security shall be in accordance with the provisions of Article 5160, Revised 00650-1 -- Civil Statutes of Texas, as amended by Acts of the Regular Session el the Legislature, 1959. -- H. Performance Bond: The approved form of security furnished by the Contractor and surety as a gua'rantee of good faith on the part of Contractor to execute the work in strict accordance with the Plans, Specifications and terms of the -- Contract, and that the Contractor will maintain the work constructed by him in good condition for the period of time required; said security shall be in accordance with the provisions of Article 5160, Revised Civil Statutes of _ Texas, as amended by Acts of the Regular Session of the Legislature, 1959. I. Plan or Plans: All the Drawings pertaining to the Contract and made a part _ thereof, including any supplementary drawings or addenda as the Engineer may issue in order to clarify other drawings, or for the purpose of showing changes in the work hereinafter authorized, or for showing details not shown thereon. J. Proposal: The written statement or statements duly filed with the City of Coppell of the person, persons, partnership, company, firm, association, or corporation proposing to do the work contemplated, including the approved form on which the formal bids for the work are to be prepared. K. Proposal Guaranty: The security designated in the advertisement and Proposal, -- to be furnished by each bidder as a guaranty of good faith to enter into a Contract with the City of Coppell and execute the required bonds for the work contemplated after the work is awarded, and payment of damages upon failure -- to enter into the Contract. L. Special Provisions: The special clauses setting forth Conditions or requirements -- peculiar to the specific project involved, supplementing the Technical Specifications, and taking precedence over any conditions or requirements of the Technical Specifications with which they are in conflict. M. Specifications: The directions, provisions, and requirements contained herein, together with the special provisions, supplemental hereto, pertaining to the -- method and manner of performing the work or to the qualities or quantities of the materials to be furnished under the Contract. -- N. Sureties: The corporate bodies which are bound by such bonds as are required with and for the Contractor. Said sureties engaged to be responsible for the entire and satisfactory fulfillment of the Contract, and for any and all -- requirements as set out in Specifications, Contract or Plans. O. The Work: All work, including the furnishing of labor, materials, tools, _ equipment, and incidental, to be performed by the Contractor under the terms of the Contract. _ P. Working Day: A working day is defined as: a calendar day including Saturdays, Sundays, or legal holidays in which weather or other conditions not under the 00650-2 control of the Contractor will permit the performance of the principal units.of work underway for a continuous period of not less than 7 hours between 8 a.m. and 6 p.m. One day will be charged against the Contract working time -- when weather conditions will permit 7 hours of work as delineated above. A principal unit of work shall be that unit which controls the completion time of the Contract. Nothing in this definition shall be construed as prohibiting the -- Contractor from working on Saturdays if he so desires and has the approval of the Engineer. Work on Sundays will not be permitted (except in cases of. extreme emergency and then only with the written permission of the Engineer). Q. Calendar Day: A "Calendar Day" is any day of the week or month, no days being accepted. 1.4 Modifications of General Conditions of Agreement -- The following designated items of the General Conditions of Agreement are modified as follows: -- A. Paragraph 2.06 - Lines and Grades is deleted in its entirety and the following substituted therefore... _ "The Engineer will establish bench marks and horizontal control points in close proximity to the Work. From these control points, the Contractor shall provide all surveying necessary to lay out the work. Contractor shall be responsible for _ establishing all lines and grades necessary to control the Work and shall be responsible for the precise location of all 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 Contract Specifications and Drawings. Such checking by the Engineer shall not relieve the contractor of his responsibility to perform all work in connection with the Contract Drawings and Specifications and the lines and grades given therein. B. Paragraph 3.09 - Protection Against Accident to Employees and the Public is modified by adding the following: -- "Contractor's attention is specifically directed to the Texas Occupational Safety La w." .... The Contractor shall so conduct his operations as to offer the least possible obstruction and inconvenience to public traffic. After the "Notice to Proceed" is issued, the Contractor shall notify the Engineer, at the earliest possible date, - of the starting of hauling of materials and any construction work which might in any way inconvenience or endanger traffic." -- "The Contractor shall provide and maintain flagmen at all points where his operations interfere in any manner with traffic flow. Flagmen shall be English -- 00650-3 -- speaking, courteous, well informed, physically and mentally able effectually-to perform their duties in safeguarding and neatly attired and protecting the Work, and shall be Flagmen, when directing traffic, shall use standard flagging -- procedures set forth in the "Instructions to Flagmen" published by the Texas Department of Transportation formerly (Texas State Department of Highways and Public Transportation.)" "The Contractor shall provide, construct and maintain suitable barricades as shown on the Plans and elsewhere when directed by the Engineer. The -- Contractor shall provide and maintain such standard barricades or special barricades, signs, lights and flags at points along the project as may be necessary to protect the Work and safeguard all traffic. All signs, barricades -- and working area layouts shall be provided and maintained in accordance with requirements of Part VI of the Manual on Uniform Traffic Control Devices, "Traffic Controls for Operations." Signs and barricades to facilitate the flow of _ traffic will be the responsibility of the Contractor. The use of sufficient vertical panels with flashers in conjunction with necessary warning signs and barricades will be required to direct traffic." "No direct payment will be made for the work involved in carrying out the public safety measures herein provided, the cost thereof being included in the _ prices paid for the various contract items of work and no additional allowance will be made therefore." C. Paragraph 3.0 - Performance and Payment Bonds is modified as follows: 1. With the execution and delivery of the Contract, the Contractor shall execute and furnish separate Performance and Payment Bonds on the forms provided as follows: a. Performance Bond: A Performance Bond in the amount of one -- hundred percent (100%) of the Contract price, or only increases or deletions therefore due, to Contract modifications, guaranteeing faithful performance of the work and fulfillment of -- the obligations of the Contract. The Performance Bond shall guarantee that the Contractor shall repair and/or replace any defects in the work arising from defective or inferior -- workmanship or materials used therein, for a period of one (1) year from date of final acceptance of the work by the Owner. -- b. Payment Bond: A Payment Bond in the amount of one hundred percent (100%) of the Contract price, or any increases or deletions therefrom due to Contract modifications, guaranteeing -- payment to all persons supplying labor and materials or furnishing equipment in the execution of the Contract. -- 2. Performance and Payment Bonds shall be from an approved surety company holding a permit from The State of Texas to act as surety or _ 00650-4 -- other surety or sureties acceptable to the Owner. D. Paragraph 3.18 - Insurance is modified by the addition of the following. Contractor shall comply with each and every condition contained herei[l. The Contractor shall provide and maintain, until the work covered in the cort~ract is completed and accepted by the City of Coppell, the minimum insurance coverages as follows: _ 1. Commercial General Liability insurance at minimum combined single limits of $1,000,0000 per-occurrence and $2,000,000 general aggregate for bodily injury and property damage, which coverage shall include products/completed operations, and XCU hazards. Coverage for products/completed operations must be maintained for at least two years after the construction work is completed. Coverage must be written on an occurrence form. 2. Workers Compensation insurance at statutory limits, including employers' liability coverage at minimum limits of $500,000. 3. Commercial Automobile Liability insurance at minimum combined single limits of $1,0000,000 per-occurrence for bodily injury and property -- damage, including owned, non-owned, and hired-car coverage. 4. Ali-Risk Builders' Risk insurance at completed value if the contract is for -- the construction of a structure or building. *Note that the general aggregate limit must be at least two times the per- -- occurrence limit. A comprehensive general liability insurance form may be used in lieu of a -- commercial general liability insurance form. In this event, coverage must be written on an occurrence basis, at limits of $1,000,000 per-occurrence combined single limit, and coverage must include a broad form comprehensive -- general liability endorsement, products/completed operations and XCU hazards. With reference to the foregoing insurance requirement, Contractor shall provide -- the following endorsements: I. Named insured wording which includes the Contractor, the City of _ Coppell and Barton-Aschman Associates, Inc., with respect to General Liability, Automobile Liability, and Builders' Risk. _ 2. All liability policies shall contain cross liability and severabitity of interest clause. 3. A waiver of subrogation in favor of the City of Coppell and Barton- Aschman Associates, Inc. with respect to the Builders' Risk Workers 00650-5 -- compensation insurance. 4. The policy shall be endorsed to require the insurer to immediately notify -- the City of Coppell and Barton-Aschman Associates, Inc. of any material change in the insurance coverage. -- All insurance shall be purchased from an insurance company that meets the following requirements: _ 1. A Best financial grading of A:X or better. 2. Licensed and admitted to do business in the State of Texas. All insurance must be written on forms filed with, and approved by, the Texas State Board of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting the following: 1. The company is licensed and admitted to do business in the State of Texas. 2. The company's forms have been approved by the Texas State Board of Texas. 3. Sets forth all endorsements as required above. 4. The City of Coppell and Barton-Aschman Associates, Inc. will receive at least sixty (60) days notice prior to cancellation or termination of the -- Insurance. Upon request, Contractor, shall furnish the Owner with certified copies of all -- insurance policies. The Contractor shall also file with the Owner valid Certificates of Insurance covering all subcontractors in accordance with the insurance requirements set forth herein for Contractor. E. Section 4 - PROSECUTION AND PROGRESS is deleted in its entirety and the following substituted therefore: 4. TIME FOR COMPLETION AND LIQUIDATED DAMAGES -.- 4.01 TIME FOR COMPLETION: The time allotted for completion of all items of work for this project shall be 90 consecutive calendar days. It is hereby understood and mutually agreed, by and _ between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL ._ CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract 00650-6 -- shall be commenced on a date to be specified in the Notice to Proceed. -- The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such a rate of progress as will insure full completion thereof within the time -- specified. It is expressly understood and agreed by and between the completion of the work described herein is a reasonable time for the completion of same, taking into consideration the average _ climatic range and usual conditions prevailing in this locality. 4.02 LIQUIDATED DAMAGES: If the said Contractor shall neglect, fail _ or refuse to complete the work within the time herein specified or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the _ awarding of this Contract, to pay to the Owner TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH CALENDAR DAY, not as penalty, but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after time stipulated in the Contractor for completing the work. The said amount is fixed and agreed upon by and between the Contractor and Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages -- the Owner would in such event sustain, and said amount shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a -- definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time -- limit fixed by such extension shall be of the essence of this Contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner -- determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; Provided further, that the Contractor shall not be charged -- with liquidated damages or any excess cost when the delay in completion of the work is due: -- a. To any preference, priority or allocation order duly issued by the Government; _ 00650-7 -- b. To unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including i~ut not restricted to, acts of God, or of the public enemy, _ acts of the Owner, acts of another contractor in the performance of a Contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight _ embargoes, and severe weather; and c. To any delays of subcontractors or suppliers occasioned _ by any of the causes specified in subsections (a) and (b) of this article; Provided further, that the Contractor shall within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the Contract, notify the Owner, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. -- F. Paragraph 5.04 - Partial Payments, is deleted in its entirety and the following substituted therefore: -- "On or before the tenth of the month, the Contractor shall prepare and submit to the Engineer for approval a statement showing as completely as practicable the total value of the work done by the Contractor up to the last day of the -- previous month; said statement shall also include the value of all sound materials delivered and stored on the job site of the work that are to be fabricated into the work. "The Owner shall then pay the Contractor after the fourth (4th) Tuesday after receiving City Council Approval. The amount paid shall be the total amount -- less five (5) percent of the amount if total project estimated cost exceeds $400,000 or ten (10) percent of the amount if the estimated project cost is less than $400,000, which percent retained shall be held until final payment, and -- further less all previous payments and all further sums that may be retained by the Owner under the terms of this agreement. -- "It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, the Owner may -- upon written recommendation of _ the Engineer -- pay a reasonable and equitable portion of the retained percentage to the Contractor, or the Contractor at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the _ Contractor shall receive payment of the balance due him under the Contract subject only to the conditions stated under "Final Payment." OO65O-8 1.5 CONTRACT EXECUTION AND ISSUANCE OF WORK ORDER It is the intention of the Owner to notify the Successful Bidder in writing, within ninety -- (90) days after receiving bids, of his acceptance of the Proposal. The Contractor shall complete the execution of the required Bonds and Contract within ten (10) days of such notice. Upon completion of the execution of the Contract Documents, the Owner -- will issue a "Notice to Proceed with Construction." 1.6 STATE AND CITY SALES TAX A. The Contractor's attention is directed to Amendment No. 7 to Section 6a, Article 20.01, Chapter 20, Title 122A, Taxation - General of the Revised Civil -- Statutes of Texas. This amendment provides that all items used or consumed by a contractor, whether incorporated into the project or not, can be purchased free of State and City sales tax when the project is being performed for an -- exempt agency. Included are equipment rentals and other items which are consumed by the contractor but are not incorporated into the project. -- B. This Contract is issued by an organization which qualifies for exception pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax. C. The Contractor performing this Contract may purchase, rent or lease all materials, supplies, and equipment used or consumed in the performance of this m Contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptroller's ruling No. 95- 0.07. Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling No. 95-0.09 as amended to be effective October 2, 1968. 1.7 EXISTING STRUCTURES The Plans show the locations of all known surface and sub-surface structures believed to be involved in this proposed construction. However, the Owner assumes no -- responsibility for failure to show any or all of these structures on the Plans, or to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims -- for additional compensation for extra work, unless the obstruction encountered is such as to necessitate changes in the lines or grades, or requires the building of special work, provisions for which are not made in the Plans and Specifications, in which case -- the provisions in the General Conditions of Agreement for extra work shall apply. 1.8 PROTECTION AND RESTORATION OF PROPERTY The Contractor shall be responsible for the preservation from injury and damage, resulting directly or indirectly from the execution of the work under this Contract, of -- all public and private property adjacent to the work. He shall use every precaution to prevent the damage or destruction of buildings, poles, trees, shrubbery and lawns. -- 00650-9 -- Also, underground structures such as wires, cables, etc.; within or without the work area. He shall protect and carefully preserve all official survey monuments, properties and section markers or other similar markers until an authorized agent has witnessed -- or otherwise referenced their location and shall not remove them until directed. When or where direct or indirect damages or injury is done to public or private property -- by or on account of any act, omission, neglect or misconduct in the execution of the work or in consequences of the nonexecution of same on the part of the Contractor, such property shall be restored at the Contractor's expense to a condition similar or -- equal to that existing before such damage or injury was done, he shall make good such damage or injury in an acceptable manner. -- In case of failure on the part of the Contractor to restore such property, or make good such damage, or injury, the Engineer may upon twenty-four (24) hours written notice, proceed to repair, rebuild or otherwise restore such property as may be deemed _ necessary and the cost thereof shall be deducted from any moneys due the Contractor under the Contract. 1.9 REFERENCE SPECIFICATIONS Reference to ASTM, or others as listed below, shall be considered as referring to the _ Specifications or Method of Test as set forth by those various organizations and shall be considered as part of these Specifications when designated as such. Abbreviations and meanings are as follows: A.S.A ............ ' ................... American Standards Association A.S.T.M .......................... American Society of Testing Materials A.A.S.H.T.O... American Association of State Highway & Transportation Officials A.C.I ................................... American Concrete Institute A.W.S ................................... American Welding Society A.W.W.A .......................... American Water Works Association -- S.S.P.C ........................ Steel Structures Painting Council, Federal Specifications Treasury Department Procurement Division, United States Government -- U.L ...................................... Underwriters Laboratories N.E.M.A .................... National Electrical Manufacturers Association W.P.C.F ............................. Water Pollution Control Federation -- T.x.D.O.T ......................... Texas Department of Transportation C.D.G.S ........................... City of Dallas General Specifications S.S.P.W.C.N.C.T ................. Standard Specifications for Public Works -- Construction North Central Texas 1.10 SUBSURFACE CONDITIONS Contractor shall make his own investigation of subsurface conditions. No claims for extra compensation due to unusual soil conditions that are found to exist will be -- allowed. _ 00650-10 -- 1.11 SERVICE OF MANUFACTURER'S REPRESENTATIVE The Contractor price for the project shall include the cost of furnishing competent and -- experienced engineers or superintendents who shall represent the manufacturers and shall assist the Contractor, ~when required, to install, adjust and test the equipment in conformity with the Contract Documents. After the equipment is placed in permanent _ operation by the Owner, such engineer or superintendent shall make all adjustments and tests required by the Engineer to prove that such equipment is in proper and satisfactory operating condition, and shall instruct the Owner's representatives in the _ proper operation and maintenance of such equipment or system. 1.12 PLANS AND SPECIFICATIONS AVAILABILITY The Engineer will provide the Contractor with six (6) copies of Plans and Specifications in addition to the Contract Sets provided for use on the project. Additional copies may be purchased by the Contractor for the cost of printing. Reproducibles required for as- builts will be paid for by the Contractor. Engineer will provide the original Drawings. 1.13 SUBCONTRACTORS The name and address of each supplier, manufacturer and subcontractor which the Contractor proposes to use on work under this Contract shall be submitted in writing to the Engineer for approval. 1.14 CONTRACTOR'S RESPONSIBILITY FOR UTILITIES AND SERVICES The Contractor shall make his own investigations and be fully responsible for locating and taking care not to damage any gas, water, sewer, or telephone lines. The -- Contractor shall not begin any operations which may interfere with or impair the normal service being rendered by public utility operators. The Contractor will be held responsible for the protection of the property or service of public utilities within the -- limits of the Work. In case that such physical properties conflict with the performance of the Contract, it shall be the Contractor's responsibility to anticipate such conflicts and to give advance notice thereof to the owners of the utility. The Contractor will be responsible for any damages done by him to any utility structure whether owned by a public or private agency. Damage of whatever nature to the -- existing facilities shall be repaired immediately at the Contractor's own expense as directed by the Engineer. _ 1.15 MANUFACTURER'S DIRECTIONS All manufactured articles, materials and equipment shall be applied, installed, _ connected, erected and used as directed by the manufacturers, unless herein specified to the contrary. Contractor shall furnish copies of all printed directions with the material. 00650-11 _ 1.16 SANITARY FACILITIES The Contractor shall provide at his own expense field toilets for the use of the _ employees and contractor forces. The facilities shall conform to the requirements of the Texas State Health Department and those of any other agencies having jurisdiction herewith. The field toilets shall be cleaned and scrubbed with a disinfectant at least once per day. 1.17 GUARANTEE OF WORK All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for two years from date of final completion and acceptance of the project. 1.18 FINAL INSPECTION -- When the work is completed, the Contractor shall notify the Owner in writing on which date he will be ready for final test and inspection. Notice shall be given seven (7) days in advance and verified by telephone twenty-four (24) hours prior to the time set for -- inspection. After the Owner and Engineer are completely satisfied with the work, the Engineer shall make final measurements of all items and approve final estimate and advise the Owner to make final payment to the Contractor. 1.19 PERMITS AND LICENSES -- All permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor. Building permit fees shall be waived for this work. 1.20 NOTICE-OF-REQUIREMENT FOR CERTIFICATION OF NON-SEGREGATED FACILITIES -- Bidders are cautioned as follows: By signing the Contract for which these bids are solicited, the bidder will be deemed to have signed and agreed to the provisions of the "Certificate of Non-segregated Facilities" as contained in the Specifications for this -- project. 1.21 TESTING All required testing will be paid for by the City of Coppell. Any retesting required will be at the expense of the Contractor. Testing requested by the Contractor for his own use to ascertain whether or not complying with the Specifications will be paid for by the Contractor. 1.22 GENERAL NOTES 1. The City of Coppell will award the project to the Contractor who submits the best proposal at the best bid price. The equipment and material proposed must meet - all of the technical specifications that are included in this bid document. The 00650-12 Contractor will be required to submit, with his bid, complete technical inforr~ation -- which covers all proposed equipment in detail. If the Contractor proposes to supply equipment that is not in 100% compliance with these specifications, he shall submit a detailed listing of each item that is in conflict with these specifications. This listing -- shall also explain why, on an item by item basis, the equipment should be considered for use on this project. This information will be taken into consideration prior to determination of the best bid. The Contractor shall be aware of the fact that any · - exceptions taken may be judged by the engineer to be inferior and therefore will be grounds for rejection of the bid. If the Contractor is proposing equipment that is in 100% compliance with the specifications, he shall attach a statement to that effect .- to his bid. 2. The Contractor shall plan his work sequence in a manner that will cause the _ minimum interference with traffic during construction operation. Access to facilities must be maintained at all times throughout the duration of the construction. Before beginning work on the project, the Contractor shall submit for approval by the Engineer _ a Plan of Construction Operations. 3. If, at any time during construction, the Contractor's proposed plan of operation _ for handling traffic does not provide for safe and comfortable movement, the Contractor shall change his operation to the extent necessary to correct unsatisfactory conditions. Any major correction must be approved by the Engineer. 4. The Contractor shall provide the necessary signing and warning devices as shown in the plans to protect motorists during construction. Flagmen shall be used if any street is closed to one lane of traffic. Any vehicles which stand in or block any portion of roadway shall be equipped with rotating beacons or strobe lamps. These lamps shall be illuminated at all times that the vehicle is blocking any portion of roadway without exception. Any operation which requires a lane to be blocked shall occur only between the hours of 9:00 a.m. and 4:00 p.m. 5. Part VI, "Traffic Controls for Street and Highway Construction and Maintenance -- Ol~erations" of the "Manual on Uniform Traffic Control Devices" shall be adhered to throughout the duration of this project. "Construction Ahead" and "End Construction" signs, with the barricades shall be installed at the beginning and end of the project. 6. The Contractor will be held responsible for placing and maintaining all necessary barricades, vertical panels with flashers and signs to provide maximum safety to the -- motorist. All barricades and signs shall be kept clean and broken ones will be replaced. The Contractor should use good judgment when considering the safety for motorists. 7. Prior to the start of construction, it is the responsibility of the Contractor to determine the location of all utilities, whether or not shown on the Plans. The Contractor shall also become familiar with any proposed adjustments to be made by -- the utility owners and extend full cooperation. Under no circumstances will a claim for extras, due to delay caused by various utility companies be allowed. 00650-13 8. Any costs resulting from Contractor damages to utilities shall be tl;e -- responsibility of the Contractor. 9. The Contractor must locate the nearest available power supply and obtain all -- necessary permits and secure its use. The Contractor shall insure that all electrical installations are in full compliance with applicable electrical codes and receive a green tag signifying this from the City of Coppell Building Official for the work. - 10. The items under which payment is to be made are as listed in the summary of quantities. Any reference to other items in the technical specifications as pay items _ is hereby deleted. Only the provisions for construction requirements of such items are to be complied with. 11. Deleted. 12. If applicable per the plans, any extra conduits required to be installed that are not required to have wiring pulled thru them per this contract must be left with pull string between pull boxes with end plugged. 13. In addition to all other insurahce requirements, the Contractor shall supply a valid certificate of liability insurance in the amount of $2,000,000.00. This certificate shall be provided to the Contractor by his proposed equipment supplier. It shall cover not only the original equipment manufacturer, but also cover all field representatives -- responsible for placing equipment into service. It shall also cover all personnel who will be responsible for maintenance of all equipment during the test period and the 1 year maintenance period. 14. The Contractor shall supply, with his bid, a Statement which will provide ample assurance to the City of Coppetl that he will be able to respond to all trouble calls - during the construction and testing period within 2 hours after notification. This statement shall list at least 3 agencies in the Dallas-Ft. Worth metroplex where the Contractor has previously or is currently providing service of this type. It shall be the ~- Contractors responsibility to maintain a current list of personnel who will respond to trouble calls. In addition, the Contractor shall provide a phone number to call which will be answered 24 hours a day, 7 days a week where trouble calls are to be placed. 15. The Contractor shall include, with the previous statement, a list of all signal projects he has installed or presently is in the process of installing in Nor'~h Central -- Texas. This list shall cover all projects within the last. 12 months and shall list the agency for which the work is being performed, the number of inspections on the project, the percentage of work completed and whether or not the project was _ completed on schedule as required by the plans. 16. The Contractor shall be aware that failure to submit any required information _ with his bid shall render his bid incomplete and will be grounds for rejection of the bid. 00650-14 17. Within two (2) weeks after the "Notice to Proceed with Construction" is i,~stJed, -- Contractor shall provide the Engineer with a copy of all material purchase or~ler requests (forms). ? 00650-15 GENERAL NOTES AND SPECIFICATION DATA General -- Texas State Law, Article 1436C, makes unlawful the operation of equipment or machines within 10 feet of any overhead electrical line unless danger against contact with high voltage overhead lines has been effectively guarded against pursuant to the provisions of the article. _ When construction operations require working near an overhead electrical line, the contractor shall contact the owner/operator of the overhead electrical line to make adequate arrangements and to take necessary safety precautions to ensure that all laws, electrical line ._ owner/operator requirements, and standard industry safety practices are met. The construction, operation and maintenance of this proposed project will be consistent with the state implementation plan as prepared by the Texas Air Control Board. Scope of Work The objective of this project is to upgrade existing signal control by modifying the existing local controllers and implementing "closed-loop" system capabilities. This project will upgrade the City's existing Multisonics 820A controllers to be capable of interfacing with the Multisonics OSAM 32 On-street Arterial Master. The latest version of the OSAM 32 software package will be utilized as the signal system software. A large percentage of this project will be the installation of the communications network. The proposed communications cable is twisted pair cable, 6-pair #19 AWG. The Prime Contractor selected for this project will be required to work closely with representatives of Traconex -- Multisonics during the controller upgrades and implementation of the signal system. This project is being conducted in conjunction with the Texas Department of Transportation's -- (TxDOT) Traffic Light Synchronization (TLS II) Program II. The signal system installation consists of the following principle items: 1. Furnishing and installing all the necessary local control equipment, system master, software, communications cable, and interface equipment between -- each controller and/or system master to render the system fully operational; 2. Furnishing and installing conduit and pull boxes; 3. Furnishing and installing all other items not listed above which are needed to provide the complete traffic signal system installation as called for in the plans -- and sl~ecifications; 4. Implementing system timing provided by the Engineer (Up to 3 time of day ._ timing plans). 5. Training City signal staff in system operation and maintenance. GN-1 Conduit The Contractor shall secure permission from the proper authority and the approval of the engineer before cutting into or removing any walks or curbs, which might be required in _ making the installation. When conduit is laid in a trench, the minimum depth as measured to the top of the cor~uit _ shall be 18 inches. The location of conductor, conduit and ground boxes are diagrammatic only and may be shifted by the Engineer to accommodate field conditions. Where a trench is cut through the surfaced parking shoulder, median or driveways for laying conduit, the base and surfacing shall be replaced with similar materials equal in appearance -- and quality to the original construction. Replacing base and surface will not be paid for directly, but will be considered subsidiary to the work being performed. -- Conduit shall be placed under existing pavement by an approved jacking or boring method unless otherwise directed by the Engineer. Pits for jacking or boring shall not be closer than 2 feet from the edge of the pavement unless otherwise directed by the Engineer. Water -- jetting will not be permitted. When boring is used for under pavement conduit installations, maximum allowable overcut -- shall be 1" in diameter. When conduits are bored or pushed, the vertical and horizontal tolerances shall not exceed -- 18 inches as measured from the intended target point. The saw cut trench detail shown in the plans for installation of conduit under existing -- pavement shall only be used at locations where conduit cannot be jacked or bored. The use of the saw cut trench shall only be made at locations approved by the Engineer. -- The use of a pneumatically driven device for punching holes beneath pavement (commonly known as a "missile") will not be permitted on this project. -- For conduit runs in excess of 2.50', the contractor may install ground boxes at his own expense, at the direction of the engineer, for use in pulling cable. _ When Holes are required to be drilled through concrete structures at headwalls, etc., a coring device shall be used. Masonry or concrete drills shall be prohibited. _ A cleaner-primer shall be used on all PVC to PVC joints before application of PVC cement. Structurally mounted junction boxes will be as detailed in the plans and approved by the _ Engineer in the field. These boxes will not be paid for directly but will be considered subsidiary to this item. GN-2 Conduit placed under the railroad tracks shall maintain a minimum depth of 42" belq'w the -- bottom of the ties. Conduit installed for future use shall have pull wires installed and shall be capped, using -- standard weather tight conduit caps, as approved by the Engineer. This work shall not be paid for directly but shall be considered subsidiary to this item. -- Ground Box (Pull Box) The dimensions of the ground boxes shall be as detailed in the plans. Construction of the box _ shall be polymer concrete reinforced by heavy-weave fiberglass. Polymer concrete shall consist of an aggregate (sand and gravel) bound together with a monomer (resin) and then polymerized (hardened). All boxes shall be designed to meet the American Association of State Highway and Transportation Officials (AASHTO) Standard Specification for H20 loading. All covers shall be hot dipped galvanized and shall be marked with the words "Traffic Signal". All covers shall have provisions for securely attaching to the box. Submittal literature shall be provided prior to installation. Controller Upgrades/Signal Operations -- Upgrades and modifications to the existing control equipment shall be as defined in the plans. All new controllers shall be Multisonics 820A controllers capable of operating with the proposed closed loop signal system. For initial operation the Contractor shall maintain the -- existing phasing sequences and actuated timings. New signal system timing plans for time-of- day system operation shall be provided to the Contractor prior to beginning construction. -- All existing vehicle and pedestrian detectors shall remain in operation. The City of Coppell currently has Opticom system along Denton Tap Road. The Contractor shall be responsible for maintaining the existing Opticom priority control with the new or modified control -- equipment. Where possible, Phase 2 shall be designated as the southbound through phase. Service Connections The Contractor shall coordinate with the telephone company for telephone drops at the system master and at the signal shop. The Contractor shall be responsible for the installation -- charges assessed by the utility company for each line drop. Existing Utilities The exact location of the underground utilities is not certain. The Contractor shall contact the utility company for exact location prior to drilling for foundations and any other work that -- might interfere with or damage present utilities. No additional payment will be made for relocation of any foundations due to utilities. GN-3 References References to manufacturers trade name or catalog numbers are for the purpose of identification only. The Contractor will be permitted to furnish like materials of other _ manufacturers provided they are of equal or better quality, comply with the specifications for this project, and are approved by'the Engineer. This does not apply to the controllers and signal system software. Handling of Traffic Roads and streets shall be kept open to traffic at all times. The Contractor shall arrange the setting of detectors so as to close only one lane of a roadway at a time. All construction operations shall be conducted to provide the least interference to traffic as provided in the specifications and/or as directed by the ENGINEER. The Contractor shall arrange the installation of signals, poles, and conduit so as to permit the continuous movement of the traffic in both directions at all times. A pre-construction conference shall outline intersection construction phases. The traffic control plan (TCP) for this project shall be as detailed on standard sheet 1-82- 80111 BTS. During the change over of the new traffic control equipment, it will be necessary to keep -- traffic moving through the intersection(s). Therefore, the contractor shall secure the necessary police assistance for traffic control during this period. -- Response To Trouble Calls When new installation control equipment is in place and operating and during the thirty day -- test period, the Contractor shall be on-call to respond to and correct malfunctions. Such response shall be timely to the nature of the problem and shall not exceed 2 hours, unless otherwise approved by the City. GN-4 TECHNICAL SPECIFICATIONS SPECIFICATION FOR MOBILIZATION 1.1 DESCRIPTION This item shall consist of the mobilization of personnel, equipment, and supplies at the project site in preparation for beginning work on other Contract items. Mobilization shall include, but is not limited to, the movement of equipment, personnel, material, supplies, etc. to the project site and the establishment of office and other facilities necessary prior to beginning to work. -- 1.2 MEASUREMENT Measurement of the Item, "Mobilization" as specified herein will be by -- the "Lump Sum", as the work progresses. 1.3 PAYMENT Partial payments of the "Lump Sum" bid for mobilization will be as follows. The adjusted Contract amount for construction items as used -- below is defined as the total Contract amount less the lump sum bid for Mobilization. -- 1. When 1% of the adjusted Contract amount for construction items is earned, 50% of the mobilization lump sum bid or 5% of the total Contract amount, whichever is less, will be paid. 2. When 5% of the adjusted Contract amount for construction items is earned, 75% of the mobilization lump sum bid or 10% _ of the total Contract amount, whichever is less, will be paid. Previous payment under this item will be deducted from the above amount. 3. When 10% of the adjusted Contract amount for construction items is earned, 90% of the mobilization lump sum bid or 15% of the total Contract amount, whichever is less, will be paid. Previous payments under this item will be deducted from the above amount. 4. Upon completion of all work under this Contract, payment for the remainder of the lump sum bid for "Mobilization" will be made. SPECIFICATION FOR -- BARRICADES, SIGNS, AND TRAFFIC HANDLING 1.1 DESCRIPTION This item shall consist of providing, installing, moving, replacing, maintaining, cleaning, and removing upon completion of work, all -- barricades, signs, barriers, cones, lights, signals, and other such type devices and of handling traffic as indicated in the Plans or as directed by the Engineer. 1.2 CONSTRUCTION METHODS _ All barricades, signs, and other types of devices listed above shall conform to details shown in the Plans or those indicated in the Texas Manual on Uniform Traffic Control Devices (TMUTCD). For this project a Traffic Control Plan (TCP), responsive to the Texas MUTCD, has been established. The Contractor may propose his own TCP. If his plan is approved by the Engineer, it may be used. Prior to beginning work, the Contractor shall designate, in writing, a competent person who will be responsible and available on the project site or in the immediate area to insure compliance with the TCP. The Engineer will -- designate a qualified person to observe implementation and who will have authority to assure compliance with the TCP. -- 1.3 MEASUREMENT Barricades, Signs, and Traffic Handling will be measured by the unit of -- measure "month" as indicated in the Plans. 1.4 PAYMENT The work and materials as prescribed by this item, measured as provided under "Measurement" will be paid for at the unit price bid for -- "Barricades, Signs, and Traffic Handling" (Construction Traffic Control). This price shall be full compensation for furnishing all labor, materials, supplies, equipment, and incidentals necessary to complete the work as -- specified. Payment will be made on the following basis: 1. The total payment for this item will not exceed 10 percent of the total Contract amount prior to the final estimate. The portion of _ the Contract amount for this item in excess of 10 percent of the total Contract amount will be paid on the final estimate. 2. Payment for this item will begin on the first payable mbntbly - construction estimate after barricades, signs, and traffic handling devices have been installed in accordance with the Traffic Control Plan and construction has begun. 3. Monthly payment will be made each succeeding month for this item provided the barricades, signs, and traffic handling devices -- have been installed and maintained in accordance with the Traffic Control Plan until the Contract amount for Barricades, Signs, and Traffic Handling has been paid unless adjusted by Paragraph 4. 4. The quantity under this item will not exceed the total plan quantity except when additional work is added by an approved _ field change. No increase in quantity will be allowed for this item unless the additional quantity is included in the field change adding the additional work. Also when work is suspended for the convenience of the Owner, through no fault of the Contractor, additional quantity may be paid when approved by field change. 5. An overrun of the plan quantity for this item will not be allowed for approving designs, testing, material shortages, closed construction seasons, curing periods, test periods, failure to complete the work prior to payment of the amount allowed by 1. and 3. above nor delays caused directly or indirectly by requirements of the Contract. 6. If the Contract is completed prior to payment of the amount allowed by 1. and 3. above, the balance due will be paid on the -- final estimate. When the Plans establish pay items for particular work called for in the TCP and/or Plans, that work will be measured and paid for under the governing items. SPECIFICATION FOR COMMUNICATION CABLE 1.0 DESCRIPTION -- This specification shall govern for the materials, installation, and testing procedures for communication cable used between elements of a computerized traffic signal system. 2.0 MATERIAL _ The multiconductor cable shall be a Iow density, hig~n molecular weight polyethlyene, aluminum shielded, telephone cable with standard twisted pairings of 19 AWG copper conductors. The number of installed _ working pairs shall be as shown in the plans. The following requirements shall be met for underground and aerial cable: _ Underground The cable shall be gopher-resistant with a 0.008 inch aluminum shield, single-jacketed, and have a filled core (for moisture resistance). The cable shall conform to the latest revision(s) of the REA (Rural Electrification Administration) "Specification for Filled Telephone Cables," No. PE-39. Aerial -- For aerial installations, one of the following two types of cable will be furnished as called for in the plans: -- 1. The cable shall have a 0.0008 inch aluminum shield and be single jacketed and include an integral messenger strand. The cable shall conform to the latest revision(s) of REA "Specification -- for Self Supporting Cable," No. PE-38. 2. The cable shall have a 0.008 inch aluminum shield and be single -- supported by an external messenger strand conforming to the Special Specification "Zinc-Coated Steel Wire Strand for Use as Overhead Ground, Guy, Span or Messenger Wire," except for -- Measurement and Payment. The cable shall conform to the latest revision(s) of the REA "Specification for Aerial Telephone Cable," No. PE-22. If the type of aerial cable to be used is not specified in the plans, the cable with the integral messenger strand shall be used. 3.O INSTALLATION Installation of the communication cable shall be made by the Contractor in accordance with applicable portions of the latest revision of the -- following REA specifications: 1. REA Form 51 SD. Specifications and Drawings for Underground -- Cable Installation, Part i11. 2. REA Form 515F. Specifications and Drawings for Construction -- of Pole Lines, Aerial Cables and Wires, Part III. Installation shall also be in accordance with the latest revision of the _ National Electrical Safety code and the National Electrical Code (and to the applicable interpretations provided by REA Section 602, Issue 4, Addendum 1, dated September 1963) in every case except where local _ regulations are more stringent, in which case local regulations shall govern. The Contractor is responsible for the complete installation of the communication cable. The Contractor shall terminate every cable run which enters a cabinet on a cable termination strip as shown in the _ plans, and shall leave 20 feet of each communication cable that enters a building coiled on the floor of the building to allow adequate cable length for state forces to complete the wiring. These ends of the communication cable shall be sealed to prevent moisture from entering the cable. 4.0 SPLICING All cable splices, including splice enclosures and encapsulations, shall be in accordance with the requirements of the REA "Standard for Splicing -- Plastic-Insulation Cables," PC-2, latest revision. All splicing, shield and jacket bonding, grounding, and testing shall be in accordance with the REA Standard PC-2, National Electrical Safety Code and National -- Electrical Code. All cable splice locations shall be approved by the Engineer. Splices for -- aerial cables will be permitted only in ready access enclosures as shown in REA Standard PC-2. -- 5.0 INSPECTION, TESTING, AND TEST REPORTS A. Pre-installation inspection of representative samples of cable on reels .- shall be made by the Contractor and Engineer prior to installation. The Contractor shall replace nonconforming reels of cable. The following pre-installation inspection shall be made: 5 1. Inspection for proper cable identification on reel identifi~:&tion -- labels by checking shield, number of pairs, gauge size, jacket, etc. -- 2. Inspection for physical damage to cable and for wet cable. 3. Check for the presence of filling compound at the ends. 4. Check for uniform jacket thickness and tightness of the jacket. -- Requirements for inspection and testing called for in Part III of REA Forms 515D and 515F shall also be met. _ Each splice enclosure provided shall be inspected during and after installation for proper encapsulation. _ Continuity tests for cable and wire shield shall be performed by the Contractor (under direct supervision of the Engineer) on each length of cable or wire containing a splice immediately after installation and prior to backfilling the excavation. These tests shall include tests for leakage, continuity, crosses, and splits. The Contractor and Engineer shall jointly inspect splice enclosures, terminals, surge protectors, loading coils (if necessary), and all other materials necessary for the complete installation. -- B. The cable shall be inspected and tested in accordance with all applicable requirements of Article V of REA Form 515. "Telephone System Construction Contract," and the REA "Standard for Splicing Plastic- -- Insulated Cables," PC-2, latest revision. It shall also be tested in accordance with the following paragraphs of the REA "Standard for Acceptance Tests and Measurements of Telephone Plant," PC-4, latest -- revision: 1. Ground Resistance Measurement -- 2. Shield Continuity 3. Conductor Continuity 4. DC Insulation Resistance Measurements -- 5. DC Loop Resistance Measurements 6. Insertion Loss Measurements -- All field testing shall be performed jointly by the Contractor and Engineer. The Contractor is responsible for installing at least the number of pairs of wires shown on the plans. The Contractor will not be -- compensated for any pairs of wires over the number shown in the plans. All test equipment necessary for testing the installed cable shall be provided by the Contractor, and shall remain the property of the _ Contractor after all testing has been completed. All pairs provided shall 6 _ be tested as required above and any bad pairs shall be suitably identified if they cannot be made good and documentation shall be made. 6.0 TELEPHONE HAND SETS AND JACKS If specified in the plans, plug-in telephone hand sets shall be provided for use in communicating between the central master controller and the intersection controllers. Jacks for plug-in telephone hand sets shall be provided at the central master and at each intersection controller. 7.0 MEASUREMENT Communication cable of the type and sizes specified on the plans will be measured by the linear foot complete in place, and measurement -- being made along the conduit or messenger strand. 8.0 PAYMENT Communication cable, measured as provided under "Measurement," will be paid for at the unit price bid for "Communication Cable," of the - specified size and type, which price shall be full compensation for furnishing and installing all cable including messenger strand, for pulling through conduit or attaching to overhead messenger strand, excavating -- and backfilling the trenches, replacing base, seal, riprap, pavement, sod, or other surface treatment; and for all labor, tools, equipment and incidentals necessary to complete the work. 7 FULL-ACTUATED SOLID STATE TRAFFIC SIGNAL CONTROLLER ASSEMBLY (IN CABINET) SCOPE This specification describes the minimum acceptable design and operational requirements for a fully actuated traffic controller assembly. SECTION 1.0 GENERAL -- 1.1 The controller assembly shall meet the requirements of this specification, the plans, and the current revision of NEMA Standards Publication No. TS1-1983, Parts 2, 5, 6, 7, 8, 13, and 14. Where a -- difference occurs the requirements of this specification and the plans shall govern. -- 1.2 The controller assembly includes the weatherproof tamper resistant cabinet, controller unit, conflict monitor, load switches, flasher, vehicle detectors, and detector harnesses as specified elsewhere in this -- specifications or in the plans. 1.3 The controller assembly must provide the vehicle phases, pedestrian -- phases, and cycle sequence required by the plans and their attached phase sequence drawing. _ 1.4 The controller cabinet shall be fully wired for future expansion even if the plans indicate less than the maximum number of phases will be used initially. This shall include, but not be limited to: a. 12 load switch sockets b. 6 flash transfer relay sockets c. 8 vehicle detector test switches d. 4 pedestrian detector test switches e. 4 channels of optically isolated pedestrian call circuits f. Detector panel with 20 loop harness · . It will not be necessary to provide more than the number of load switches, flash transfer relays, and detector amplifiers than are required to provide the operation required by the plans. 1.5 If vehicle detectors are called for in the plans, the detectors provided must conform to the latest version of Special Specification "Digital Loop Vehicle Detector Unit". -- SECTION 2.0 CABINET DESIGN REQUIREMENTS 2.1 Unless otherwise called for in the plans, the cabinet shall be a base -- mount cabinet with the following external dimensions: 8 Width - 38-44 inches -- Height - 54 inches Depth - 26 inches -- The height and depth dimensions may be plus or minus 2 inches. Four 1/2 inch (minimum) by 8 inch galvanized anchor bolts with nuts -- and washers and a mounting template shall be provided for each cabinet. -- 2.2 The cabinet shall be constructed using unpainted sheet aluminum with a minimum thickness of 0.125 inch. No wood, wood fiber products, or other flammable material shall be used in the cabinet. 2.3 The cabinet shall be completely weatherproofed to prevent the entry of water. All unwelded seams shall be sealed with a clear or aluminum _ colored weather-seal compound. 2.4 Vertical shelf support channels shall be provided to permit adjustment _ of shelf location in the field. 2.5 Each cabinet shall be equipped with an extra set of unistrut channels or a keyhole panel on either side of the front section of the cabinet to permit the mounting of additional equipment as necessary. 2.6 Shelves shall be at least 10 1/2 inches deep and be located in the -- cabinet to provide a 1/2 inch clearance between the back of the shelf and the back of the cabinet. -- 2.7 There shall be sufficient shelf space to accommodate a controller unit 18 inches high, a 12-channel NEMA conflict monitor and 12 NEMA type loop detector amplifiers. An additional space, 1 2 inches high, 1 ~, inches -- wide, and 12 inches in depth shall be provided for future use. If more than 1 2 detector amplifiers are required by the plans, extra space shall be provided for the number of amplifiers specified. 2.8 The back panel sha~l be hinged at the bottom and shall fold down and out from the top for maintenance with all components (load switches, -- relays, otc) in place. It shall be possible to gain full access to the back of the back panel in less than two minutes using simple tools. Wire termination points on the back of the back panel shall be numbered or -- identified to correspond to the labeling on the face of the panel. No printed circuit back panels shall be permitted, and no components shall be mounted behind the back panel. RC filter networks for relay coils are -- excepted from this requirement. Harness terminations for the NEMA controller unit and NEMA conflict -- monitor and display board shall be made on the backside of the back 9 panel to through-panel terminals. No other harnesses shall be w~red to -- the backside of the back panel. 2.9 The bottom edge of the back panel shall be at least six inches above the -- base of the cabinet. 2.10 All of the NEMA specified inputs and outputs shall be available on the _ front side of the back panel. In addition, all load switch input terminals shall be available on separate terminals. All of the above referenced terminals shall utilize minimum 6-32 double BINDER head screws. 2.11 The outputs from the controller to the load switches, and outputs from the detectors to the controller shall be brought through double posted 6-32 x 1/4 inch binder head screw terminals with shorting bars installed. 2.12 The load switches shall be supported by a bracket(s) designed to accept all NEMA type load switches and prevent vibration from dislodging them from the socket in the back panel. 2.13 The back panel shall be designed to accept a minimum of eight load switches (four vehicle phase and four positions for overlap, and/or pedestrian phase combinations) for four phase controllers, and 12 load switches (eight vehicle phases and four positions for overlap and/or -- pedestrian phase combinations) for eight phase controllers. Six flash transfer relays shall be provided to permit the Engineer to use the overlap/pedestrian load switches in any combination without having to -- add more relays. 2.14 The cabinet shall be provided with one door in front that will provide -- access to the cabinet. The door shall be provided with three hinges, or a full length piano hinge, with stainless steel pins spot welded at the top. The hinges shall be mounted so that it is not possible to remove -- them from the door or cabinet without first opening the door. The bottom of the door opening shall extend at least to the bottom level of the back panel. 2.15 The door and hinges shall be braced to withstand a 50 pound per vertical foot of door height load applied vertically to the outer edge of -- the door when standing open. There shall be no permanent deformation or impairment of any part of the door or cabinet body when the load is removed. Provisions shall be designed to hold the door open - at approximately the 90 degree and 180 degree positions. 2.16 The cabinet door shall be fitted with a Number 2 Corbin lock and an _ aluminum or chrome plated handle with a 3/8 inch (minimal) drive pin and a three point latch. The lock and latch design shall be such that the handle cannot be released until the lock is released. Two keys shall be _ provided for each cabinet. The lock shall be located to be clear of the 10 arc of the handle. The main cabinet door handle shall be provide~l w.ith -- the means to securely padlock the handle in the closed position. 2.17 A gasket shall be provided to act as a permanent dust and weather -- resistant seal at the controller cabinet door facing. The gasket material shall be of a non-absorbent material and shall maintain its resiliency after long term exposure to the outdoor environment. The gasket shall have -- a minimum thickness of 3/8 inch, and shall be located in a channel provided for this purpose either on the cabinet or on the door(s). 'A channel formed by an "L" bracket and the door lip is acceptable. In any -- case the gasket must show no sign of rolling or sagging and must insure a uniform dust and weather resistant seal around the entire door FACING. Any other method is subject to engineering approval during -- inspection of an order. 2.18 A locking auxiliary police door shall be provided in the door of the -- cabinet to provide access to a panel that shall contain a Signal-Flash switch, a Manual-Automatic switch, and a manual advance pushbutton switch on a six foot retractable cord. Manual control of the controller _ unit from the police door shall override any external control (preemption, external logic, etc) in effect when the Manual-Automatic switch is in the Manual position. Each actuation of the manual advance pushbutton _ switch shall advance the controller to the next pedestrian or green interval as described in NEMA TS1-1983 14.3.4.2. Item 5. _ The Signal-Flash switch shall immediately initiate emergency flashing alt- red signal indications. This switch shall not affect any control equipment power. However, this switch shall momentarily activate the external start input of the controller unit when the switch is moved from the Flash position to the Signal position. 2.19 The police door shall be gasketed to prevent entry of moisture or dust and the lock shall be provided with two brass keys. 2.20 The cabinet shall be vented and cooled by a thermostatically controlled -- fan. The thermostat shall be an adjustable type with an adjustment range of 70 degrees to 110 degrees Fahrenheit. A press-to-test switch shall be provided to test the operation of the fan. 2.21 The fan shall be a commercially available model with a capacity of at least 100 CFM. The intake for the vent system shall be filtered with a -- 16 inch (wide) by 2S inch (high) by one inch (thick) air conditioning filter. The filter shall be securely mounted so that any air entering the cabinet must pass through the filter. The cabinet opening for intake of -- air shall be screened to prevent entry of insects and shall be large enough to use the entire filter. The exhaust vent shall be screened to prevent entry of insects. The screen shall have openings no larger than -- .01 25 Sq. In. The total free air opening of the vent shall be large 11 -- enough to prevent excessive back pressure on the fan. 2.22 The cabinet shall be provided with a unique five-digit serial number -- which shall be stamped directly on the cabinet or engraved on a metal or metalized mylar plate epoxied or riveted with aluminum rivets to the cabinet. The digits shall be at least 0.2 inch in height and located on -- the upper right sidewall near the front of the cabinet. SECTION 3.0 CABINET WIRING 3.1 All wiring within the cabinet shall be neatly wrapped and routed such that opening and closing the door or raising or lowering the back panel -- will not twist or crimp the wiring. No cable pressure points should be present. -- 3.2 Wire Size and Color Code a. All conductors between the main power circuit breakers, line _ filter, signal buss mercury relay and load switch buss shall be a minimum size 10 AWG stranded copper for 8 position back panels and 8 AWG stranded copper for 12 position back panels. _ All conductors carrying individual signal lamp CURRENT shall be a minimum size 16 AWG stranded copper. All AC service lines shall be of sufficient size to carry the maximum current of the circuit or circuits for which they are provided. Minimum cabinet conductor wire size shall be 22 AWG stranded copper. b. All conductors for AC common shall be white. Conductors for AC power shall be black or brown. This shall include all controller unit, conflict monitor, loop amplifier, and special equipment harnesses as well as cabinet wiring conductors. -- Conductors for equipment grounding shall be either solid green or green with one or more yellow stripes. All other conductors shall be a color different from the foregoing. All wire shall -- conform to type BN insulation, clear nylon over colored PVC. Wire gauges in excess of 20 ga shall conform to type TFFN or THHN specifications, clear nylon over colored PVC. In no case -- shall PVC only insulation or multiconductor cable with PVC only insulation be approved. -- c. Conductors for logic ground shall be gray. d. The following harness shall be color coded as follows: Controller Unit MSA - blue Controller Unit MSB - purple -- Controller Unit MSC - pink Monitor MSA - red Monitor MSB - yellow Display Panel - white/purple stripe e. In addition to the harness color codes, each wire in every -- harness shall be hot-stamped every four inches with a number indicating the pin number of the connector that the wire is connected to. Harnesses with connectors with pins identified by -- letters shall be stamped with numbers that correspond to the alphabetic sequence of the pins. Each harness shall be cross- referenced to a chart on the cabinet print tha~ lists the connector -- pin letter or number, the wire number, the terminal number that the wire is connected to and the function of the wire. Each harness shall then be enclosed in "snakeskin type" PVC -- sheathing. Tie wraps, tape or other cable ties are not acceptable. -- f. Detector harnesses shall be color coded as follows: A - white -- B - gray C - black D - black of a shielded pair in a gray jacket -- E - white or red of a shielded pair in a gray jacket F - yellow G - purple _ H- green + shield I- blue J- brown g. Individual conductors in the detector harnesses shall be exempt from the requirement for hot-stamping. 3.3 The controller unit shall be so designed that a contact closure or solid state equivalent from a loop, magnetic magnetometer, pressure, sonic, or radar vehicle detector, and/or pedestrian pushbutton shall place a call on the appropriate phase. Pedestrian calls from pushbuttons shall be isolated from the controller inputs using external solid state circuitry within the cabinet assembly. 3.4 A barrier terminal block with a minimum of two terminals and one compression fitting designed to accept up to a No. 4 AWG stranded -- wire shall be provided for the power supply lines. The block shall be rated at 50 Amperes and shall have double 10-32 x 5/16 inch binder head screw terminals or larger. 3.5 Terminal Identification -- All terminals shall be permanently identified in accordance with the 13 cabinet wiring diagram. Where through-panel solder lugs or other -- suitable connectors are used, both sides of the panel shall have the terminals properly identified. Identification shall be permanently attached and as close to the terminal strip as possible and shall not be -- affixed to any part which is easily removable from the terminal block panel. Each controller assembly input and output function shalf be distinctly identified with no obstructions, at each terminal point in the - cabinet, with both a number and the function designation. The same identification must be used consistently on the cabinet wiring diagrams. -- 3.6 Connector and Socket Identification a. Each load switch socket shall be identified by vehicular or -- pedestrian phase number and overlap number as applies. No cabinet equipment may obstruct these identifications. -- b. Each flash transfer base and power relay base shall be distinctly identified with no possible obstructions. -- c. Each harness within the cabinet shall be distinctly identified on the connector end. -- d. The flasher socket shall be distinctly identified with no possible obstruction. ~._ e. All other connectors and sockets needed within the cabinet to fulfill the minimum requirements of the plans or attachments thereof, shall be distinctly identified. 3.7 All NEMA controller unit and conflict monitor connector pin outs, except for the load switch inputs to the conflict monitor and spare pins, shall be made available on 6-32 x 1/4 inch (minimally) binder head screw terminals on the back panel. 3.8 The detector harnesses shall be equipped with a MS3106A-18-1S connector and shall be wired as follows: Pin No. Function A AC Common (neutral) B Controller Unit Logic Ground - C 120 Volts AC D Loop E Loop -- F Controller Detector Call Input* G Spare. H Ground Bus -- I Controller Detector Call Input* 14 _ J 120 VAC Output from green load switch for this phase *Pins F and I are to be jumpered on the detector panel. Each loop pair shall be protected by an EDCO Model SRA-16C or Davis Engineering Model DE320 surge arrestor. 3.9 An unused, spare terminal block providing ten terminals shall be provided. This block shall be double 8-32 x 5/16 inch binder head -- screw design with shorting bars. These terminal strips shall be located on the lower third of either side of the cabinet. -- 3.10 The controller unit harness (A, B, and C plugs) shall be long enough to reach any point 16 inches above the timer shelf. The conflict monitor harness and any required auxiliary harness shall reach 24 inches above -- the conflict monitor shelf. 3.11 Copper ground buses shall be provided for both the power supply -- neutral (common) and chassis ground. Each bus bar must provide a minimum of ten unused terminals with 8-32 x 5/16 inch or larger screws. The AC neutral and chassis ground buses shall be jumpered -- together with a minimum No. 10 AWG wire. The logic ground shall be isolated from the AC neutral and terminated on a logic ground bus sufficient to accept 20 number 20 AWG stranded wire. 3.12 Unless otherwise called for in the plans, three circuit breakers shall be mounted and wired in the cabinet. One 20 ampere breaker shall protect -- the Trouble light, duplex receptacle and fan. A second 20 ampere breaker shall protect the flasher. The third breaker shall be 50 ampere for 8-phase units and 30 ampere for 4-phase units and shall be so wired _ to protect the signal load circuits, controller circuits, conflict monitor, and loop detectors. The breakers shall be the Square "D" QOU 150 Series, or equivalent. The circuit breakers are to be equipped with solderless connectors and installed on the sidewall or lower right hand side of the back panel inside the cabinet in such a manner that their rating markings shall be visible and the breaker shall be easily accessible. 3.13 A ground fault duplex receptacle of the 3-wire grounding type which will accept a standard two-pronged non-grounding plug shall be mounted and wired in the cabinet. This receptacle shall be wired on the "Load" side of the 20 ampere breaker. 3.14 The above breakers are in addition to any auxiliary fuses which may be furnished with the controller to protect component parts, such as -- transformers, etc. 15 _ 3,15 The load side of all three circuit breakers shall be protected by an EDCO Model SHP-300-10 or TII Model 355M or equivalent three terminal lightning arrestor. Number 8 AWG or larger stranded copper conductors shall be used to connect the arrestor into the circuit. 3.16 A fluorescent light, with switch, shall be installed in the cabinet. This light shall be turned on when the cabinet door is opened, and turn off when the cabinet door is closed. A switch shall also be provided to turn off any incandescent display that may be used in a controller unit or other equipment. 3.17 A radio interference suppressor shall be provided and installed on the load side of the signal circuit breaker and shall be protected by the surge -- protector specified herein. This filter shall be rated at 50 amperes for 8-phase controllers and 30 amperes for 4-phase controllers, and shall provide a minimum attenuation of 50 decibels over the frequency range J of 200 kilohertz to 75 megahertz. 3.18 Except where soldered, all wires shall be provided with lugs or other -- approved terminal fittings for attachment to binding posts. Insulation parts and wire insulation shall be insulated for a minimum of 600 volts. -- 3.19 The outgoing traffic control signal circuits shall be of the same polarity as the line side of the power source. -- 3.20 A detector panel shall be provided for mounting the detector test switches, Auto-Maintenance Flash, Auto-Emergency Flash, Timer-Off, and the System-Free switches. This panel shall be capable of -- terminating a maximum of 20 detector harnesses and 60 separate loop lead-in's. Each detector panel shall be equipped with 20 loop harnesses. Each of the detector harness connections shall be arranged by rows of _ terminals on the panel and each of the functions of the detector harnesses shall make up the columns of these terminal strips. _ The detector harnesses for the detector amplifiers shall be terminated on the backside of the detector panel. Four rows of terminals shall be provided for loop lead-in terminations such that up to three separate _ loop lead-in cables per detector amplifier can be terminated. The loops can then be jumpered together in series or parallel as desired on the detector panel. Each terminal strip shall be identified by function and the associated phase as identified in the plans. All marking shall be silk-screened. Terminals shall be provided for each phase red and green for jumpering to pin j in the detector harness. The pin j terminals and the phase red and green terminals shall be protected with a clear lexan cover. -- The detector panel shall be mounted on the left sidewall of the cabinet. 16 Detector harnesses shall be provided and wired as follows: 1 per left -- turn phase, 3 per thru phase, and 4 spares for future use. 3.21 A switch shall be provided on the detector panel for each vehicle and -- pedestrian phase that will permit the user to disconnect the input from the controller unit. The switch shall also permit the user to place a call to the controller. This position shall be momentary (spring loaded) only. -- The position immediately after the momentary position shall disconnect the detector from the controller unit and the third position shall connect the detector to the controller unit. These switches shall be miniature -- three position toggle switches. 3.22 Four switches shall be provided on the detector panel for maintenance -- purposes. The first switch shall be labeled "Auto-Maintenance Flash" and operation of this switch shall immediately transfer the signal display from normal to maintenance flashing operation. Maintenance flash shall -- permit yellow flash on signals indicated to flash yellow during system flash or MUTCD flash as shown on the plans. If system flash or MUTCD flash is not shown in the plans, then maintenance flash shall be -- all-red flash. Timer power shall not be affected in any way during maintenance flash. Moving the Auto-Maintenance Flash switch from Flash to the Auto position shall activate the external start input of the _ controller unit. The second switch to be provided for maintenance purposes shall be _ labeled "Auto-Emergency Flash" and when activated shall immediately put the intersection in all-red flash. Activation of the external restart to the controller is not required when moving this switch back to the Signal _ position. Neither the Auto-Maintenance Flash or the Auto-Emergency Flash switch shall remove power from the controller unit, conflict monitor, or Iccp amplifiers in either position. The third switch to be provided for maintenance purposes shall be labeled "Timer-Off" and when operated to the Off position, shall remove power to the controller unit, conflict monitor, display board and other -- logic clearance timers. This shall initiate emergency flashing all-red indications. The power to the detector amplifiers shall be unaffected. Upon restoration of the Timer-Off switch to the timer position, the -- monitor shall initiate the initialization sequence via the start-delay circuitry of the conflict monitor. -- The fourth switch to be provided for maintenance purposes shall be labeled "System-Free". This switch will only be required where coordination equipment either internal or external to the controller timer -- is provided. In the System position, this switch shall permit the controller to be coordinated. In the Free position, this switch shall inhibit the coordination equipment from coordinating the controller. 17 3.23 The cabinet shall be wired so that activation of the conflict monitor will -- cause the controller unit, and any auxiliary equipment, to stop timing. 3.24 The cabinet shall be specifically wired so that it is impossible to operate -- the signals in a normal mode of operation with the conflict monitor removed. The conflict monitor shall be wired so that the flash transfer relays and the mercury signal buss relay are constantly energized. -- Disconnection of either monitor harness shall immediately initJate emergency all red flash. It shall be IMPOSSIBLE to inhibit monitor operation by unplugging a relay or other similar de_vice in the cabinet. 3.25 Transfer relays shall be the plug-in type manufactured by Midtex (Part No. 136-62T3A1 ) or AEMCO (Part No. 136-4992), or equivalent. These -- relays shall be utilized for flash transfer only. They shall not be utilized to energize or de-energize the AC power feed (signal buss) to the load switches. This function shall be accomplished with a mercury relay. -- The mercury relay shall be rated 30 amps minimum for 8 positions back panels and 50 amps minimum for 12 position back panels. -- 3.26 The Red Enable and Remote Reset from the conflict monitor shall be terminated at barrier terminals on the face of the back panel. _ SECTION 4.0 FULLY ACTUATED CONTROLLER UNIT 4.1 The controller unit shall meet the requirements of NEMA Standards Publication No. TS1-1983, Parts 2, 3, 4, 13, and 14. Where a difference occurs, these requirements shall govern. 4.2 The controller unit shall be provided as a four phase or eight phase controller unit as specified in the plans. 4.3 Volume density timing shall be provided unless otherwise specified in the plans. 4.4 The controller unit shall be designed to provide pedestrian phasing with -- any phase. The four overlaps may be programmable internally or by using the interchangeable plug-in card described in TS 1-14.3.7.2. In either case a NEMA program card shall be provided with each controller -- unit. 4.5 The controller unit shall be completely solid state, and digitally timed. 4.6 The height of the controller unit shall not exceed 18 inches. -- 4.7 The controller unit shall be built using one or more circuit boards. All printed circuit boards shall be designed to plug into or out of a mother board or harness within the unit. Power supply transformers, -- capacitors, batteries, and heat dissipating components are excepted 18 from the above requirements. The design shall allow for removal or replacement of a circuit board without unplugging or removing other circuit boards. The unit shall be -- designed so that it shall be possible to operate and test the unit using an extender board where necessary. This need apply to only one circuit board at a time. 4.8 No more than two circuit boards shall be attached to each other to constitute a circuit assembly. Attaching hardware shall use captive nuts -- or other purchaser acceptable method to secure the boards together. The boards shall be designed so that the purchaser can test and operate the controller unit with the boards separated. 4.9 Plug-in sockets shall be used for LSi chips and ICs over 16 pins. Sockets shall have a thermoplastic body meeting UL Specification 94V- -- O with outer contacts of gold over nickel plate (e.g., TI Series C93 or Augat Series 41 5) or equivalent. -- 4.10 Programming of the controller may be by the use of a keyboard on the front of the controller. Internal DIP switches may be used for programming option, start up, etc. Programming shall not use any _ binary language for input or display (except coded status bits). No instructions for accessing the controller unit using the security code shall be provided. No external programming devices with capability of _ altering ROM shall be permitted. 4.11 A user selectable four digit (minimally) code shall be available to secure access to timing and configuration of the unit. Display features shall be available without the need to access the unit. The controller units shall be supplied with the code preset to be all Os. Internal dip switches may be used to establish codes. 4.12 Of the several indicators described in TS 1-14.3.6, each of the following shall be displayed using separate discrete indicators on the face of the unit: 1. Phase(s) in service (one per phase) -- 2. Phase(s) next to be serviced (one per phase) 3. Presence of Vehicle Call (one per phase) 4. Presence of Pedestrian Call (one per phase) -- 5. Reason for green termination (one per ring) (1). Gap-Out (2) Maximum Time-Out -- (3) Force-Off Additionally, the following indications shall be required: 19 _ 1. Pedestrian Service (one per ring) 2. Max II In Effect (one per ring) Steady and flashing indications may be used for phase in service, phase next, and pedestrian service (Walk, Don't Walk), or any other related but mutually exclusive indications. 4.1 3 Switches, pins, or keyboard programming shall be available to permit the following modes on a per phase basis: 1. Maximum Recall 2. Minimum Recall 3. Pedestrian Recall -- 4. Detector Locking and Non-locking Memory 5. Phase Omit -- . 4.14 Controller unit interval timings programmed into RAM shall be maintained for a period of 30 days after removal of AC power by batteries or other device acceptable to the Department. Upon -- restoration of power, rechargeable batteries shall be recharged or other device restored automatically. A battery or other device shall be provided on the CPU circuit board to retain RAM memory for a minimum -- of 12 hours after removal of the circuit board from the unit. 4.15 Batteries shall be either rechargeable or lithium non-rechargeable and -- shall not build up internal pressure nor vent any corrosive or explosive chemicals. Design shelf life of the batteries shall be five years or more under normal use and the supplier shall provide the names of two or _ more manufacturers with sufficient information to permit the Department to obtain replacement batteries from both manufacturers. A switch shall be provided to disconnect any batteries from the circuits _ for storage purposes, and the units shall be shipped with the switch in the off position. An indicator and a momentary test switch (if required) shall be provided on the face of the controller unit to indicate the condition of the batteries. ~,.16 If user programmed timing settings can be maintained for 30 days without batteries or other external devices (capacitors, etc.) The requirements of Paragraphs 4.14 and 4.15 are voided. 4.17 All circuitry components shall be of high quality and designed to withstand any of the environments and voltage conditions described in Part 2 of NEMA Standard TS 1-1983. 4.18 The controller unit shall be designed to operate properly with the logic ground isolated from the AC neutral (common). -- 4.19 Each controller unit shall have a unique serial number that is 20 permanently and neatly displayed on the face of the unit. SECTION 5.0 CONFLICT MONITOR -- 5.1 The conflict monitor shall meet the NEMA Publication No. TS 1-1983, Part 6, for 3, 6, and 12 channel types. Unless otherwise specified in the plans or the associated cabinet specifications, a Type 12 conflict -- monitor having 12 fully programmable input channels shall be provided. 5.2 In addition to the above requirements, a light display shall be provided -- to indicate continuously when a channel is active due to green, yellow, or walk inputs. It shall also continue to display the channels which were active at the time of a conflict, until the conflict monitor is manually -- reset. If the conflict was caused by a loss of red, the display array shall -- indicate Loss of Red. If the conflict was caused by the voltage monitor, the display array shall _ indicate a Voltage Error. All monitors shall be programmable as called for in the NEMA Publication _ TS 1-1983, Part 6. A NEMA type program card must be included with the unit. The conflict monitor shall incorporate a yellow sequence monitor feature. The yellow sequence monitor shall check that a minimum of two (2) seconds of yellow follows a green indication before red is displayed. The yellow sequence monitor shall be provided on a per channel basis in the conflict monitor and provisions shall be made to disable and enable the yellow sequence monitor on a per channel basis. The conflict monitor shall also check for the simultaneous display of red and green on a phase. This check shall also be capable of being enabled and disabled on a per channel basis. A separate indicator marked "Sequence Failure" shall be illuminated along with the appropriate channel indicator(s) should either of the -- above failures occur. SECTION 6.0 SOLID STATE LOAD SWITCH 6.1 The solid state load switches shall meet the requirements set forth in Part 5 of the NEMA Specification No. TS 1-1983. 6.2 Switches shall be the "Triple-Signal Load Switch" type rated at 10 amperes per circuit over the entire temperature range. 21 6.3 The load switches shall have no moving parts. Load switches using -- reed relays shall not be permitted. 6.4 An indicator light for each circuit shall be provided in each load switch. -- The indicator light shall be on when a "true" input to the load switch is present. -- SECTION 7.0 SOLID STATE FLASHER, TWO CIRCUIT 7.1 The flasher shall meet the electrical and physical characteristics -- described in Part 8 of the NEMA Standards Publication TS 1-1983. 7.2 The two circuit flasher shall be of solid state design and contain no -- electromechanical devices. 7.3 The voltage range shall be 95 to 135 volts A.C. The nominal voltage -- shall be 120-volts A.C. The Two Circuit Solid State Flasher shall be designed to operate as specified at any ambient temperature range from minus 30 degrees F to plus 165 degrees F. 7.4 The flasher shall be a Type III (dual circuit rated at 15 amperes per circuit) over the entire temperature range. 7.5 The flasher shall be so constructed that each component may be readily replaced if needed. SECTION 8.0 UNIFORM CODE FLASH TRANSFER UNIT 8.1 Indications for uniform code flash shall be as shown in the plans. 8.2 The uniform code flash transfer unit shall be a stand alone unit mounted in the controller cabinet. 8.3 The uniform coded flash transfer unit shall be provided with an indicator light to show when uniform code flash transfer has occurred. 8.4 The uniform code flash transfer unit shall be provided with a three position test switch. One position shall allow uniform code flash -- transfer when called (Normal). The second position shall inhibit any uniform code flash transfer (UCF Off) and the third position will initiate uniform code flash transfer (UCF Test). 8.5 The uniform code flash transfer unit shall have a connector that plugs into a mating harness receptacle in the controller cabinet. If necessary, -- a shorting plug shall be provided to allow signal operation with the uniform code flash transfer unit disconnected. -- 8.6 When activated, the uniform code flash transfer unit shall cause the 22 _ controller unit to sequence to the cross street green interval. Once the cross street green interval is on, omit commands shall be applied to any movements that occur prior to main street green. Transfer to uniform _ code flashing operation shall occur at the instant main street green is present. Stop timing commands will then be applied to the contreller unit until the release of uniform code flash. 8.7 Uniform code flash may be called by time clock, coordination unit or time base coordinator. A single input to the uniform code flash transfer unit shall be provided. This input will be considered active when it is at logic ground potential. SECTION 9.0 DISPLAY PANEL 9.1 For this project, display panels shall be provided. The display panel shall be located on the inside of the main cabinet door, and shall be mounted -- such that, when viewed with the cabinet door open, respective intersection approaches represented on the display panel are physically oriented to actual field approach locations. 9.2 The display shall monitor the input side of the load switch. -- 9.3 The display panel shall have 28 volt indicator lamps to show each signal indication and each detector amplifier output. -- 9.4 The display panel shall be silk screened for each intersection and shall provide a visual layout of the particular intersection. Each group of lamps representing a signal shall be marked to indicate the phase or -- overlap number that controls the particular signal, the load switch number that drives the signal and the conflict monitor channel that monitors the signal. All vehicle and pedestrian signals shall be _ displayed. In addition, pedestrian signals shall be indicated by dual sets of lamps that are located at each end of the crosswalk. They shall be marked at each end of the crosswalk on the display panel with the _ phase number, load switch number and conflict monitor channel number. _ 9.5 All vehicle and pedestrian signal indicators shall utilize indicators which utilize No. 387 lamps. Each indicator shall have a removable cap to allow lamp replacement from the front of the display panel. Vehicle indications shall utilize round caps of the proper color. All arrow indications shall use a colored cap with a black overlay that has an arrow symbol engraved into the cap. When illuminated, only the colored arrow symbol shall be visible. All pedestrian indications shall utilize square caps. The "Don't Walk" and "Walk" caps shall be fabricated similarly to the arrow caps such that when illuminated an orange "Don't Walk" or white "Walk" legend shall be visible. 23 -- 9.6 The detector display lamps shall utilize round white caps. The detector indicators shall be located on the display panel to represent the approximate location of the vehicle loop in the field. Each detector _ indicator shall be marked by a phase number and amplifier number. This marking shall be the same as that shown on the plans and shall be the same as the tag on the associated loop harness 9.7 The display board shall be fitted with a single MS connector for all inputs or outputs. This connector shall be located on the face of the _ display panel and shall connect to a mating harness. The mating harness connector shall utilize female pins to avoid accidental co~tact with live pins if the harness is disconnected. 9.8 The display board shall be powered by a 28 volt power supply located in the controller cabinet. This power supply shall be fused on the input and output side and shall have a minimum rating of 1.2 amps. The -- power supply shall be sized according to its particular application. 9.9 A switch shall be provided on the main cabinet door which will -- extinguish all display lamps when the door is closed. SECTION 10.0 TEST AND ACCEPTANCE OF CONTROLLER ASSEMBLY 10.1 The supplier shall be prepared to provide a certified test report from an independent laboratory indicating that the complete controller assembly -- meets the requirements of NEMA Standard Publication TS 1-1 983, Part 2. The certification may be required at any point in the acceptance process. The acceptability of the laboratory is determined by the -- Engineer, and all costs for certification shall be born by the supplier. Failure to provide the report on a timely basis is grounds for cancellation. SECTION 11.0 DOCUMENTATION -- Each controller assembly shall be provided with the following documentation: _ a. Three complete and accurate cabinet wiring diagrams. b. A complete and accurate schematic diagram for all circuitry in _ the controller unit, conflict monitor, flasher, load switches, and any other electronic units specified in the plans. c. Complete performance specifications (electrical and mechanical) on the controller unit, conflict monitor, load switch, flasher, and other electronic units specified in the plans. d. Complete parts list for each unit including names of vendors for 24 _ parts not identified by universal part numbers such ~ J~IEC, RETMA or EIA. e. Pictorial of the components layout for each circuit boa~! ofaach unit with individual component identification referer~ed to the schematic and parts list. f. One service manual per unit which includes a ~heorf of operation, operating instructions, and basic troubJleshooting information. Items b through f may be included in the unit -- manuals. g. Each cabinet wiring diagram shall include a layout of t~e specific -- intersection to which it applies. This shall include .~gnal head numbers and detector numbers as well as any other, specifics concerning the intersection. The wiring diagrams shall show all -- field wiring and the service entrance connection. The wiring diagrams shall also document every harness wire termination in the cabinet. It shall be the Contractor's responsibility to provide -- updated drawings if any discrepancies are discovered. Prior to final acceptance of a controller, the Contractor shall provide a reproducible tracing of the cabinet wiring diagrams. SECTION 12.0 GUARANTY -- If it is normal trade practice for the manufacturer to furnish a guaranty for The work provided herein, the Contractor shall turn this guaranty over to the Engineer for potential dealing with the guarantor. The extent -- of such guaranty will not be a factor in selecting the successful bidder. 25 CLOSED LOOP SIGNAL CONTROL SYSTEM 1.0 SCOPE It is the intent of the City of Coppell, Texas to award a contract for installation of a closed loop, distributive type traffic signal control -- system along Denton Tap Road. The project will upgrade traffic control capabilities to handle the increasing traffic demand. -- The purpose of this Specification is to provide for the functional performance of a coordinated traffic signal system. It is essential that the system provided be an "off the shelf" system with a proven record -- of performance and reliability. It will be the responsibility of the successful bidder to supply, install, -- and render fully operational the entire signal system. The system requirements set forth in this document are performance in -- nature, rather than technical specification in nature. All applicable portions of City of Coppell codes, ordinances, and other -- regulatory laws must be adhered to. Accordingly, each prospective supplier must sufficiently review the plans. -- Any questions regarding this Specification should be directed in writing to: _ Mr. Rey Gonzales Street Superintendent City of Coppell P.O. Box ~,78 Coppell, Texas 75019 :2.0 GENERAL This section outlines the concept and minimum functional requirements of the system to be provided. The intent is to implement the Denton Tap Road system as shown on the Plans which can operate independently of future systems, or in a coordinated mode based on common traffic conditions. The control concept proposed is a "distributive" system with a microcomputer (PC) having the ability to monitor and make changes to - the on-street master and local controllers. The field master, if necessary, will control and monitor all signals under its supervision. More important, an essential requirement of the system is that each of "- the intersections be monitored by the central PC computer, with 26 operational failures detected and logged. The timing plans for initial operation will be provided to the Contractor _ prior to starting construction. Additional timing plans or modifications will be furnished during system implementation and evaluation. The associated data coding and input to the computer shall be the supplier's _ responsibility. Coding and input of other data into the computer and controllers shall also be the responsibility of the supplier. Intersection loop detectors will be used for system detection as shown on the Plans. It will be required that the supplier provide necessary connections into -- the interface equipment for the communication interconnect. The supplier is required to provide and install all the necessary local -- signal control equipment as shown on the Plans, plus system masters, central computer control equipment, communications cable, and interface equipment between each controller and/or system masters to render the system fully operational. The communication cable shall be installed as shown on the Plans. tt wilt be the responsibility of the supplier to provide all necessary cabinet wiring. The supplier shall -- arrange for telephone drops at the master and at other points designated in the Plans. -- The principal system elements shall consist of the following: a. Central monitoring and data base system; b. On-street master controller; -- c. Communication network, cable, modems, line drivers, telephone drops, and lightning protection; _ d. Local controllers, telemetry, coordination, and sampling detectors. 3.0 CENTRAL MONITORING AND DATA BASE FACILITY _ Unless the bidder specifically states otherwise in writing in his bid, the sale of his equipment to the City shall include a limited license for City personnel to make backup copies of all software only for use in multiple _ monitoring locations within the Traffic and Transportation department. This software shall make the PC capable of becoming the central monitoring and data base system and shall be capable of: a. Monitoring nine (9) field masters or 9 subsets; b. Monitoring each intersection under central control of a field master; 27 -- c. Changing timing patterns at each local intersection; d. Changing operating values of the control parameters within each -- field master; e. Providing a log of all intersection and field master operating _ failures automatically and also by operator request; f. Providing a log of all vehicle system detectors and their operating _ status automatically and by operator request; g. Displaying in color (VGA Monitor), the following features: · Intersection geometrics · Phase greens, yellows, red, and pedestrian intervals · Coordination status · Pre-empt status · Detector status · Check sum failure status In addition, to the above features on the local intersection map, a system map or screen shall also be provided that shows the -- entire Denton Tap Road signal system. The map shall display the green and red intervals for the coordinated phases. -- h. Monitoring coordination between intersections which operate under separate field masters or separate subsets; -- i. Providing on-line timing changes based on volumes and/or lane occupancy; operator control; and time of day settings; -- j. Down-loading and up-loading local controllers from the field master and the central PC to include all timing plans and timing parameters, i.e., minimum green,- extension, etc. Down-loading -- from the field shall be possible without personnel at the central PC unit; -- k. Coordination of separate masters when operating at or near same cycle lengths shall be outlined by supplier as to methodology; _ I. Providing manual override of any intersection to place selected intersections on a free, flashing, or coordinated mode by either time of day or by traffic pattern selection; m. Printing logs, data bases, and events on a KX1624 Panasonic printer; n. Communicating through the Hayes Smartmodem 2400 or _ 28 _ approved equal; o. Providing continuous clock/calendar operation through battery-backup. 4.0 HARDWARE DESCRIPTIONS a. The City has purchased a microcomputer (80386) to be utilized for the closed loop signal system. Computer specifications and -- features are available upon request. b. An RS232C port shall be provided on the on-street master so -- that a portable microcomputer can be connected to it to run a modified version of the central control software for monitoring the operation of the subsystem and any local controller. This -- modified software shall have all capabilities described in the central control section of this specification for the subsystem to which it is connected except for printing reports. If the on-street -- mater is connected to central control and the portable microcomputer is attached, central control shall be prohibited from downloading any data to the on-street mater. 5.0 FIELD MASTERS OR SYSTEM CONTROLLERS -- The master, if separate from a controller, shall be located within the controller field cabinet housing at the intersection as reflected on the Plans. At the contractor's option a separate cabinet may be installed _ adjacent to the controller. The following capabilities or hardware components shall be provided for the system. Each master shall be equipped with or capable of: a. Controlling up to 24 intersections per system; _ b. Providing time of day patterns and real time control of pattern selections based on volumes and lane occupancy -- Timing patterns selected from traffic responsive data shall be determined using volumes and/or occupancy to select the following: Step 1: Directional flows of offsets determined based on inbound parameter/inbound + outbound parameters. A minimum of three offsets per cycle. Step 2: Cycle length - determined based on magnitude levels using as a minimum, lane occupancy parameters. A minimum of 4 cycles shall be provided. -- Step 3: Increasing and decreasing parameters - shall have 29 differential zones to eliminate hysteresis; c. Communicating with and monitoring each local intersection via dedicated telephone communication type cables -- Up to six pair of wires per system shall be installed under this contract; d. Responding to central computer (PC) demands; e. The necessary modems for communication network to/from central computer (PC) and to/from local controllers; f. Setting all timing for cycle lengths, offsets, and splits at each intersection from each master or from the computer (PC). Local -- controller timing input data shall be changeable from the PC or master; -- g. Being coordinated with other field masters if two systems cross and the two cycle lengths are the same. Masters shall be capable of being time-base coordinated with other masters -- and/or locals; h. Monitoring system activities to include preemption, intersection -- status, detector status, communications status, cycle length faults, and flash operation; -- i. Monitoring and logging traffic flow conditions such as speed, volumes, and occupancy. Speed measurements may be computed from the occupancy values; j. Providing offset correction by dwell and smooth transitions;- _ k. Providing three splits per cycle; I. Allowing local intersections to double cycle; m. Allowing all intersections under master control to operate free or coordinated within the system -- Free or coordinated, the master shall be capable of monitoring intersection operation; n. Receiving 32 system detectors and monitoring system and local detectors for no activity, max. and min. presence, and excessive counts, 6,0 COMMUNICATIONS NETWORK The communications interconnect cable system shall consist of dedicated pairs of wires for each system master. Such dedicated pairs -- shall be either unconditioned TYPE 3002 4 wire leased telephone lines 30 _ or #19 AWG twisted pairs, as shown in the Plans. Additional required pairs will be for future systems or spares. _ The supplier shall furnish the following: a. Communication modems for each master to the PC corn purer and to the secondary local controllers; b. Telemetry in each local NEMA controller within the system; -- c. Field masters, when required, will utilize a telephone lease line from the PC central unit to each master. All hardware and software for the dial-up to each master shall be provided; d. Termination of each twisted pair input of the multipair cable shall be on a separate terminal inside each controller cabinet and -- protected from lightning. The lightning arrestor shall be GE V150LAIOA or equal; -- e. Standard RS 232 interfaces shall be provided. 7.0 LOCAL CONTROLLER The supplier must clearly state the specific equipment to be provided at each intersection. All new controllers and cabinets shall meet the City's -- NEMA controller specifications. All local controllers shall be equipped with internal time-base coordination capabilities to provide back up system capabilities. 8.0 DISTRIBUTIVE CONTROL - OPERATING SYSTEM _ The computer and peripheral devices shall be provided with software to accomplish the following tasks: _ a. The operational functions via keyboard entry in English through the usage of questions and responses. The computer shall then describe what the certain command means and how to input the data. The user functions shall be structured in a "menu" manner using traffic engineering terminology; b. The software package shall contain capability for a minimum of nine (9) systems and 100 intersections. Additional systems shall be capable of being added to the system without additional hardware or software; c. Cycle lengths of 40 seconds to 240 seconds shall be selectable. A total of twelve (12.) splits shall be selectable per intersection; 31 -- d. The operator shall be capable of putting any and/or .all intersections into flash operation or free operation by remote control or by preset time of day event; e. The Computer shall be capable of calculating the speed of performance over each system detector. Output shall be via -- printer into a formatted log; f. Any two systems shall be capable of being operated at the same _ cycle length and appropriate offset to assure progressive flows through the common intersections; _ g. All master time clocks shall correct automatically for daylight savings time changes. All systems shall be reset to the same master clock; h. A security code shall be identified with the systems to eliminate potential timing changes or operational changes by unauthorized persons. Security code is required for timing changes; i. All local intersection preemption events shall be recorded by the printer. 9.0 SYSTEM ACCEPTANCE AND TRAINING -- 9.1 TESTING PERIOD Once the City is satisfied that the supplier has fully installed the system, and all requirements under this contract are completed, a thirty-day system test of all equipment installed shall be performed prior to system acceptance by the City. During the installation phase, the supplier shall demonstrate coordination, adding of future intersections, changing of timing plans, -- re-phasing of controller, adding new system detector stations and down-loading and uptoading for distributive systems. -- If, during this thirty-day test period, the processor equipment, interface equipment, or peripheral equipment (i.e. disks), do not operate in a fully satisfactory manner, the City may begin the thirty-day test again for that -- component equipment. The City may continue to extend the test period for that particular piece of equipment until it performs satisfactorily for thirty days. The supplier is responsible for maintenance of any _ equipment still under the thirty-day test period. 9.2 TRAINING Qualified representatives (e.g. factory engineer) of the signal control _ 32. -- equipment manufacturer shall provide training in the maintenance and operation of the local control, field master, and central equipment. Training shall include data entry, start-up, shut-down, detector control, -- timing modifications, communication trouble-shootings, repairs to controller interface units and procedures for receiving software update programs. This training time, 40 hours minimum, shall be in Coppell. -- Training shall be required prior to installation of the proposed system that includes the proposed hardware and software for the system. Training prior to system installation shall include at least five (5) people. -- Maintenance personnel shall be given training on maintenance and repair of all customer equipment. Training shall include field level troubleshooting as well as bench repair. 9.3 SUPPLIER - _ The supplier or distributor of the system shall document satisfactorily to the Engineer the following capabilities or qualifications: _ a. To demonstrate the proposed system; b. To install the interface equipment; c. Knowledge of the communications network; d. Installation experience with other systems of similar or greater configuration; e. To load the data base; f. To supplement programming changes; -- g. Sufficient supply of maintenance spare parts, i.e. modem, interface units, controllers, and cabinet. -- The supplier shall provide without cost to the City, any software modifications made to the operating control package as specified herein over a two year period from the date of acceptance. The improvements -- would be defined as operational enhancements or corrections to the existing packages. -- A letter confirming previous operational performance of the proposed closed loop system shall be submitted with the bidder's proposal. At least one of such systems must have been in operation under computer -- control for a period of six months prior to the date of bid submission for this project. The letter shall include the address and telephone number of the individual responsible for the operating system. -- 33 _ DIVISION I GENERAL REQUIREMENTS DIVISION 1 - GENERAL REQUIREMENTS _ Mention herein or indication on the Drawings of items, materials, operations or methods, requires that the Contractor provide and/or install each item mentioned or indicated of quality or subject to qualification noted; -- perform according to~: conditions stated each operation prescribed; and provide all necessary labor, equipment, supplies and incidentals. Requirements of the General Conditions, Supplementary Conditions, and Addenda, if issued, shall apply under this _ Division of Work as if herein written. Separation of these specifications into Divisions and Sections is for convenience only and is not intended to establish limits -- of work. -- 01010 - SUMMARY OF WORK 01050 - FIELD ENGINEERING 01152 - APPLICATIONS FOR PAYMENT 01310 - CONSTRUCTION SCHEDULES 01340 - SHOP DRAWINGS, PRODUCT DATA AND SAMPLES -- 01700 - CONTRACT CLOSEOUT 01720 - PROJECT RECORD DOCUMENTS 01750 - WARRANTIES DIVISION I General Requirements 1 SECTION 01010 - SUMMARY OF WORK -- 1.1 DESCRIPTION AND LOCATION OF WORK A. Work covered by the Contract Documents includes the _ furnishing of all labor, materials, tools, equipment, taxe~, services, transportation and other items necessary to perform and complete all of the work for the construction as indicated on the drawings -- and as herein written. 1.2 WORK SPECIFIED ELSEWHERE: A. General conditions of agreement, special conditions, standard specifications and special provisions. 1.3 START OF WORK A. Work shall be started immediately upon issuance of a -- notice to proceed order. Prior to this, all contracts and beginning documents will have been executed and insurance in force. 1.4 COMPLETENESS OF WORK: A. The drawings and specifications describe the various items of work, character of materials and quality of workmanship and finish. Any appurtenances, parts, finish of work essential to the entire completion of -- the work, though not specifically shown or specified, shall be provided by the Contractor and included in the Contract Sum. B. Time of Completion: The completion of this work is to be on or before the time indicated in the Owner and Contractor Agreement. 1.5 EXISTING UTILITIES, STRUCTURES, AND OTHER PROPERTY: -- A. Prior to any excavation, it shall be the Contractor's responsibility to determine the locations of all existing water, gas, sewer, -- electric, telephone, telegraph, television and other underground utilities and structures. Obtain location drawings and other assistance from the various local Utility Departments and other applicable agencies, and make other investigations as required to accomplish this. -- B. After commencing work, use every precaution to avoid interference with existing underground and surface utilities and structures, and protect them from -- damage. 01010 1 C. Where the locations of existing underground and surface utilities and structures are indicated on the -- drawings, these locations are generally approximate, and all items which may be encountered during the work are not necessarily indicated. It shaI1 be the _ Contractor's responsibility to determine the exact locations of~ all items indicated, and the existence and locations of all items not indicated. 1.6 CONTRACTOR'S DUTIES: A. Except as specifically noted, provide and pay for: Labor, materials, equipment. Tools, construction equipment, and machinery. _ Water, heat, and utilities required for construction. Other. facilities and services necessary for proper execution and completion of work. -- B. Pay legally required sales, consumer, use, payroll, privilege and other taxes. -- C. Secure and pay for, as necessary for proper execution and completion of work, and as applicable at time of receipt of bids: Permits Fees Licenses D. Give required notices. -- E. Comply with cod~s, ordinances, rules, regulations, orders and other legal requirements of public authorities which bear on performance of work. F. Promptly submit written notice to Engineer of observed variance of contract documents from legal requirements. It is not the contractor's responsibility to make -- certain that drawings and specifications comply with codes and regulations. Appropriate modifications to contract documents will adjust necessary changes. - Assume responsibility for work known to be contrary to such requirements without notice. _ G. Enforce strict discipline and good order among employees. Do not employ on work, unfit persons or persons not skilled in assigned task. 1.7 SUB-CONTRACTOR'S LIST: A. The prime general contractor will submit a list -- of all sub-contractors to be used on the project at the time of submitting his bid proposal. Any subcontractor listed must beacceptable to the Owner. 01010 2 1.8 COORDINATION: ~ A. The prime general contractor is responsible for the coordination of the total project. All other prime contractors and all sub-contractors will -- cooperate with.the prime general contractor so as to facilitate the general progress of the work. Each trade shall afford all other trades every -. reasonable opportunity for the installation of their work. _ 1.9 CONTRACTS: A. Construct work under a single prime general contract. !.10 WORK SEQUENCE: A. Construct work so as to provide the least -- interruption of service to traffic and businesses situated along the construction area. _ B. At all times throughout construction, existing water, sewer and gas facilities shall remain in use. No discontinuation of service for any extended period of time will be allowed. 1.11 CONTRACTOR'S USE OF PREMISES: -- A. Contractor shall limit his use of the premises for work and for storage to the rights-of-way limits or other areas allowed by property owners. B. Confine operations at site to areas permitted by: 1. Law ~- 2. Ordinances 3. Permit 4. Contract Documents .... 5. Owner C. Do not unreasonably encumber site with materials or equipment. Coordinate use of premises with Owner/Engineer and property owners. D. Assume full responsibility for protection and '- safekeeping of products stored on premises. E. Move any stored products which interfere with - operations of Owner or other contractors. F. Obtain and pay for, use of additional storage of _ work areas needed for operations. 01010 -- 3 1.12 MATERIAL AND WORKMANSHIP: . -- A. All material under this contract shall be new and as specified, suitable for the purpose and subject to approval by the Engineer. The workmanship shall be - first-class and subject to the approval of the Engineer as equal to best standard practice. _ B. Contractor shall furnish labor which in no way will conflict with other labor working on the site. The Contractor shall at all times enforce strict discipline and good order among his men and shall - not employ any unfit persons or anyone not skilled in the work assigned to him. The work shall be protected from action of the weather and damage from -- workmen. Surfaces shall be clean and free from defects. C. The Contractor shall remove at his own expense any _ work or material condemned by the Engineer as defective and not in accordance with the additional compensation. Failure to do so shall be deemed as violation of contract and shall be subject to the -- procedure established for such case. Any omission or failure on the part of the' Engineer to disapprove or reject any work or material shall not be construed to --- be an acceptance of any such defective work or material. 1.13 INSPECTION OF WORK: A. All the work of the contract shall be subject to the inspection of the Engineer and his authorized representatives, .and the Contractor shall afford -- every facility for the inspection of materials and workmanship. Such access shall include such portions of the place of manufacture or fabrication as may be - necessary to complete inspection. The Contractor shall notify the Engineer in writing, in ample time, to permit inspection at the place of manufacture should the _ Engineer so desire. Materials shall be delivered on the job properly marked for identification and whether previously inspected or not shall be subject to reinspection and final acceptance or rejection at the - site of the work. B. If the specifications, Engineer's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of _ its readiness for inspection, and if inspection is by another authority than the Engineer, of the date fixed for such inspection. 01010 C. Re-examination of the questioned work may be ordered by the Engineer and, if so ordered, the work mus~° be -- uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the Owner shall pay the cost of the re-examination and -- replacement. If such work is found not in accordance with the ContraCt Documents, the Contractor shall pay such cost unless he shall show the defect in the work _ was caused by another Contractor and, in that event, the party responsible shall pay such costs. 1.14 SUSPENSION OF WORK - DELAY: A. On order of the Engineer, the work may be suspended for any substantial cause, such as, but not limited -- to, unfavorable weather conditions, failure, refusal or neglect on the part of the contractor and his employees to comply with the terms and conditions of the Contract documents. The use of, or attempted use of materials or methods not in accordance therewith, interference of the work with other work of a public or private nature necessary to be done -- prior to the work herein contemplated or for any cause of like nature, and the work so suspended shall not be resumed except with the consent of the - Engineer. B. During the time of such suspension of the work, if it is to be a considerable time, the Contractor shall have all material neatly piled or removed from the line of work, and all equipment shall be located so as to least interfere with public convenience and -- traffic. Should 'the Contractor refuse or neglect to take proper care of such materials and equipment, the Engineer shall cause the same to be properly cared for -- and an amount equal to the cost of so doing shall be deducted from any monies which may be or may become due to the Contractor. C. The Contractor may file proper claims for loss or damage on account of delays incurred by the Owner. If any delay is caused by any act of the Owner, -- or results from causes hereinbefore mentioned, the Contractor will be granted an extension of time for the completion of the work, sufficient to offset such -- delay if a claim is made by the Contractor in writing to the Engineer within seven days from the date upon which such delay is started. No extension of time shall be granted for time lost during suspension of the work due to the Contractor's failure to comply with the conditions or terms of the contract. 01010 5 1.15 CHANGES IN THE WORK: -- A. No extra work or change shall be made without a written order from the Owner, in which event the Contractor shall proceed with such extra work or _ change, and no claim for an addition to the Contract Sum shall be valid unless so ordered. B. However, the Engineer shall have the authority, by -- instructions, to make minor changes in the work, not involving extra cost and not inconsistent with the purposes of the project. If the Contractor claims that - any such instructions to make minor change do involve extra cost under the contract, he shall notify the Engineer in writing, within a reasonable time after receiving the said instruction and, in any event, before proceeding with the work as changed thereby or be barred from making any claim against the Owner for such extra costs. C. Compensation for the work covered by the approved change order shall be determined by an agreed lump sum. 1.16 LATENT CONDITIONS: _ A. If, in the performance of the Contract, latent conditions at the site are found to be materially different from those indicated by the specifications or unknown conditions not usually inherent in work - of the character specified, the attention of the Owner and Engineer shall be called immediately to such conditions before they are disturbed. Upon such - notice, or upon his own observations of such conditions, the Engineer and Owner shall promptly make such changes in the specifications as he finds _ necessary to conform to the different conditions, and any increase or decrease in the cost of the work resulting from such changes shall be adjusted as provided under Article 6, General Conditions, EXTRA -- WORK AND CLAIMS, as amended in the Special Conditions. 01010 6 SECTION 01050 - FIELD ENGINEERING -- 1.1 GENERAL: A. Contractor shall provide and pay for field engineering _ services required for the project and include in his bid the necessarY allowance to cover same, including: 1. Survey work required in execution of the project. -- 2. Civil, structural, or other professional engineering services specified, or required to execute Contractor's construction methods. B. The Engineer will identify existing control points indicated on the drawings, as required. 1.2 QUALIFICATIONS OF SURVEYOR OR ENGINEER: A. Qualified engineer or registered land surveyor -- acceptable to Contractor and Engineer. 1.3 BENCH MARKS, MONUMENTS AND SURVEY P~EFERENCE POINTS: A. The Contractor will carefully maintain all bench marks, monuments, and other reference points. If destroyed or _ disturbed, the reference points will be replaced, by the contractor, to their original positions. In any case in which a reference point is disturbed, the Contractor shall notify the Engineer. 1.4 PROJECT SURVEY REQUIREMENTS: -- A. The Contractor shall accurately stake out all components of the project and will be held entirely responsible for any errors in these lines and levels. B. The Contractor shall verify all grades, lines and levels and shall report any inconsistencies to the Engineer before commencing work. 1.5 RECORDS: - A. Contractor shall maintain a complete accurate log of all control and survey work as it progresses, copies which shall be available to the Engineer if requested. Sec. 01050 1 1.6 SUBMITTALS: ~ -- A. If requested by Engineer, Contractor shall submit: 1. Name and address of surveyor and/or professional -- engineer. ~ 2. Documentation to verify accuracy of field engineering work. _ 3. Certificate signed by registered engineer or surveyor certifying that elevations and locations of improvement are in conformance, or non-conformance with Contract Documents. Sec. 01050 2 SECTION 01152 - APPLICATIONS FOR ~AYMENT ; -- 1.1 GENERAL: A. Contractor to submit Applications for Payment to _ Engineer in accordance with the schedule established by Special ConditiOns, paragraph 1.4, F, Partial Payments. 1.2 FORMAT AND DATA REQUIRED: A. Submit itemized applications typed on Application and Certificate for Payment, as approved by Engineer. 1.3 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT: _ A. Application Form: 1. Engineer shall supply the application form to the Contractor. -- 2. Fill in required information, including that for Change Orders executed prior to the date of submittal of applications. - 3. Fill in summary of dollar values to agree with the respective totals indicated on the continuation sheets. _ 4. Execute certification with the signature of a responsible officer of the Contract firm. B. Continuation Sheets: 1. Fill in total list of all scheduled component items of work,, with item number and the scheduled -- dollar value for each item. 2. Fill in the dollar value in each column for each scheduled line item when work has been performed or _ products stored. 3. List each Change Order Number, and description, as for an original component item of work. 1.4 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS: A. When the Owner or the Engineer requires substantiating -- data, Contractor shall submit suitable information, with a cover letter identifying: _ 1. Project 2. Application number and date 3. Detailed list of enclosures 4. For stored products: -- a. Item number and identification as shown on application b. Description of specific material B. Submit one copy of data cover letter for each copy of application. Sec. 01152 1 1.5 SUBMITTAL PROCEDURE: -' A. Submit Applications for Payment to Engineer at times stated in Special Conditions. - B. Number: Six (6)~copies of each Application. C. Sign each copy and have each copy properly notarized. D. When Engineer finds the Application properly completed and correct, he will transmit three (3) _ copies of the certificate for payment to the Owner and one (1) copy to the Contractor. Sec. 01152 2 SECTION 01310 - CONSTRUCTION SCHEDULES -- 1.1 GENERAL: A. Within !5 days after award of the Contract, the Contractor shall prepare and submit to the Engineer an ~ estimated construction progress schedule for the Work, with dates on which he will start the salient features of the work and the -- contemplated dates for completing the same. B. Submit revised progress schedules with each -- application for payment. Submit two (2) copies. Failure to submit these will be cause for payment to be delayed. 1.2 FORM OF SCHEDULES: A. Prepare schedules in the form of a horizontal bar chart. 1. Provide separate horizontal bar for each separate item or operation. -- 2. Horizontal time scale: Identify by week, month, year, etc. 3. Minimum sheet size: 8 1/2" x 11". B. Format of listings: The chronological order of the start of each item of work. 1.3 CONTENTS OF SCHEDULE: A. Construction Progress Schedule: 1. Show the complete sequence of construction by activity. _ 2. Show the dates for the beginning, and completion of, each major element of construction. 3. Show projected percentage of completion for each item, as of the first day of each month. 1.4 PROGRESS REVISIONS: -- A. Indicate progress of each activity to date of submission. B. Show changes occurring since previous submission of schedule. 01310 1 SECTION 01340 - SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 1.1 GENERAL: -- A. Contractor to submit Shop Drawings, Product Data and Samples as required by the Contract Documents and as specified in other sections of the specifications. 1.2 SHOP DRAWINGS: ~ _ A. As soon as practicable after contract award, submit to the Engineer, for review, the required number of bound copies of shop drawings of all items as specified in the various sections of these specifications, -- accompanied by letters of transmittal. B. Shop drawings shall include: Manufacturer's catalog _ sheets and/or descriptive data for materials and equipment; showing dimensions, performance characteristics, and capacities and other pertinent information as required to obtain approval of the items involved. C. No work requiring shop drawings will be executed until -- review and acceptance of such drawings has been obtained. ~_ 1.3 PRODUCT DATA: A. Preparation: 1. Clearly mark each copy to identify pertinent products or models. 2. Show performance characteristics and capacities. -- 3. Show dimensions and clearances required. B. Manufacturer's standard schematic drawings and diagrams: 1. Modify drawings and diagrams to delete information which is not applicable to the work. 2. Supplement standard information to provide information specifically applicable to the work. 1.4 SAMPLES: A. Provide samples as indicated in other parts of these specifications. 1.5 CONTRACTOR RESPONSIBILITIES: _ A. Review Shop Drawings and Product Data prior to submission. Sec. 01340 1 -- B. Determine and Verify: 1. Field measurements .' 2. Field construction criteria 3. Catalog numbers and similar data 4. Conformance with specifications. -- C. Coordinate each~submittal with requirements of the work and of the Contract Documents. -- D. Begin no work which requires submittals until return of submittals with Engineer's review. _ E. Keep one (1) approved copy of shop drawings or product data at job site at all times. 1.6 SUBMISSION REQUiREmeNTS: A. Make submittals promptly and in such sequence as to cause no delay in the work or in the work of any other -- contractor. B. Number of submittals required: 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. C. Submittals shall contain: -- 1. The date of submission and the dates of any previous submissions. 2. The project title. 3. The names of: a. Contractor b. Supplier c. Manufacturer -- 4. Identification of the product. 5. Field dimensions, clearly identified as such. 6. Relation to adjacent or critical features of the -- work or materials. 7. Applicable standards, such as ASTM or Federal Specification numbers. 8. Identification of deviations from Contract Documents. 9. Identification of revisions on resubmittals. 10. Contractor's stamp, initialed or signed, certifying - to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the -- submittal with requirements of the work and of Contract Documents. CONTINUED ON NEXT PAGE Sec. 01340 2 _ 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 registered engineer on all structural submittals. -- D. REVIEW: 1. 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. 2. Satisfactory shop drawings will ba so designated and -- all sets, except four (4), returned to the Contractor. Rejected shop drawings will be so designated and all sets except two (2) will be -- returned to the Contractor, with indications of the required corrections and changes. 3. Rejected shop drawings will be corrected and resubmitted to the Engineer for acceptance. 1.7 RESUBMISSION REQUIREMENTS: -- A. Make any corrections or changes in the submittals required by the Engineer and resubmit until accepted. -- B. Shop Drawings and Product Data: 1. Revise initial drawings or data, and resubmit as _ specified for the initial submittal. 2. Indicate any changes which have been made other than those requested by the Engineer. -- 1.8 ENGINEER'S RESPONSIBILITIES: A. Review submittals with reasonable promptness. B. Affix stamp and initials or signature, and indicate requirements for resubmittal, or accep'~iance of _ submittal. C. Return submittals to Contractor for distribution, or for resubmission. Sec. 01340 3 -- SECTION 01700 - CONTRACT CLOSEOUT 1.1 GENERAL: A. Contractor shall comply with requirements stated in Conditions of the Contract and specifications _ for administrative procedures for closing out the work. B. Related requirements specified in other sections: -- 1. Record Documents: Section 01720 2. Warranties: Section 01750 -- 1.2 SUBSTANTIAL COMPLETION: A. When Contractor considers the work is substantially _ complete, he shall submit to the Engineer: 1. A written notice that the work, or designated portion thereof, is substantially complete. 2. A list of items to be completed or corrected. B. Within a reasonable time after receipt of such notice, -- Engineer will make an inspection to determine the status of completion and shall furnish the Contractor a complete list of items of work to be completed or _ corrected. The list so developed shall, in no way, release the Contractor, or subcontractors from furnishing and installing or correcting items or work required by the Contract Documents. C. Should Engineer determine that the work is not substantially complete: 1. Engineer will promptly notify the Contractor in writing, giving the reasons therefor. 2. Contractor shall remedy the deficiencies in the work, and send a second written notice of substantial completion to the Engineer. 3. Engineer will reinspect the work. D. When Engineer concurs that the work is substantially complete, he will: 1. Prepare a Certificate of Substantial Completion accompanied by Contractor's list of items to be _ completed or corrected, as verified and amended by the Engineer. 2. Submit the Certificate to Owner and Contractor for their written acceptance of the responsibilities assigned to them in the Certificate. 01700 1 1.3 FINAL INSPECTION: A. When Contractor considers the work is complete, he s~all -- submit written certification that: 1. Contract Documents have been reviewed. -- 2. Work has .been inspected for compliance with Contract Documents. 3. Work has been completed in accordance with Contract Documents. 4. Equipment and systems have been tested in the presence of the Owner's representatives and are operational. -- 5. Work is completed and ready for final inspection. B. Engineer will make an inspection to .verify the -- status of completion with reasonable promptness after receipt of such certification. C. Should Engineer consider that the work is incomplete or defective: 1. Engineer will promptly notify the Contractor in -- writing, listing the incomplete or defective work. 2. Contractor shall take immediate steps to remedy the stated deficiencies, and send a second written -- certification to Engineer that the work is complete. 3. When the Engineer finds that the work is acceptable under the Contract Documents, he shall _ request the Contractor to make closeout submittals. 1.4 CONTRACTOR'S CLOSEOUT SUBMITTALS TO ENGINEER: -- A. Upon final acceptance by the Owner, and completion of all work, the Contractor shall submit to the Owner, through the Engineer, the following data: 1. Certificate stating that all accounts for labor, equipment and material are paid in full; or in the case of outstanding accounts because of this work, the Contractor shall furnish a release of claims by the individual or concerned party. This certificate shall be notarized and signed by the Contractor. 2. The Contractor's Bonding Company shall furnish a release to the Owner, that it is with their consent - that final payment be made to the Contractor. 3. The Contractor shall furnish a letter guarantee of all workmanship to be free of defects for a period of one year, unless required longer by any division of the specifications, and should any defects arise, then such defects shall be restored to the original condition at no expense to the Owner. This shall include all necessary cutting and patching as may be required to correct the defective work. 01700 2 4. The Contractor shall submit accurate and detailed "As-Built Drawings" covering all changes to'the work. Submit two (2) copies. -- 5. The Contractor shall submit all guarantees, warranties, brochures, and operating instructions as required by the different divisions of the -- specifications. 6. The Contractor shall submit a request for final payment, which shall include an audit of the account _ of the contract and said audit shall fully cover amounts paid by the Owner to the Contractor, and amounts due Contractor because of this work, all of which shall be fully covered by the contract - documents and approved change orders. 1.5 FINAL PAYMENT: Final payment shall be made upon submission of the documents called for above, and as covered under the general _ conditions and any modification thereto. 01700 3 SECTION 01720 - PROJECT RECORD DOCUMENTS _ 1.1 GENERAL: A. Contractor shall maintain at the project 'site one record copy of: 1. Drawings 2. Specifications -- 3. Addenda 4. Change orders and other modifications to the Contract _ 5. Reviewed shop drawings, product data and samples 6. Test records 1.2 MAINTENANCE OF DOCUMENTS: A. Maintain documents in ~eat, clean legible condition and in good order. B. Make documents available at all times for inspection by Engineer. 1.3 RECORDING: A. Record information concurrently with construction progress. B. Drawings; legibly mark to record actual construction: 1. Finished elevations 2. Horizontal and vertical locations of underground _ utilities and appurtenances. 3. Field changes of dimension and detail. 4. Changes made by field order or by change order. 5. Details not on original contract drawings. C. Specifications and Addenda; legibly mark each section to record: 1. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. 2. Changes made by field order or by change order. 1.4 SUBMITTAL: A. At Contract close-out, deliver one set of reproducibles and two sets (blue line prints) of record - -' documents (as-built) to Engineer for the Owner. Cost of reproducibles and blue lines will be borne by the Contractor. 01720 1 -- SECTION 01750 WARRANTIE~ 1.1 GENERAL: A. Contractor shall guarantee materials and workmanship for a period of two (:2) years from date of completion except where _ additional guarantees or warranties are required under the technical sections of the specifications. _ B. Before final payment is made the General Contractor shall deliver to the Engineer all material and equipment guarantees or warranties in writing from sub-contractors and suppliers. C. The General Contractor shall also deliver to the Engineer before final payment three complete bound sets of manufacturer's instructions, service and parts manuals on each piece of equipment furnished under this contract. ACORD 11109192 PRODUCER Tills CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGIITS UPON TIIE CERTIFICATE IIOLDER. TIIIS CERTIFICATE Monroe & Monroe Insurance DOES NOT AMEND, EXTEND OR ALTER TIlE COVERAGE AFFORDED BY TIIE 62/+ Six Flags Drive, Suite 216 POLICIES BELOW. Arlington, TX 76011 COMPANIES AFFORDING COVERAGE Fred Monroe 817-640-5035 COMPANY A Amerisure Insurance Co. LETTER COMPANY B Cigna Ins. Co. INSURED LETrER Arjang Systems Inc. DBA Arjang Electrfc Systems COMPANY P.O. Box 121816 L~'TT~ C Arlington, TX 76012LEVrERCOMPANY D COMPANY E LEFrER ::::::::::::::::::::::::::::::::::::::::::: ii :: 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. CO ~ LTRi TYPE OF INSURANCE POLICY NUMBER i POLICY EFFECTIVE POLICY EXPIRATION DATE(MM/DD/YY) DATE (MM/DD/YY) ~ LIMIT~ GENERAL LIABILITY i GENERAL AGGREGATE i $ 2 s 000~,000 A "X' COMMERcIAL O£NERAL LIABILITY 02 888~7 08/09/92 08/09/93 IPRODUCTS-COMP/OPAGG. ::$ 1,000,000 ........ :: CLAIMS MADE i' ~" OCCUR : : ........................ :: PERSONAL & ADV. INJURY i $ ls000~000 OWNER'S & CONTRACTOR'S PROT. i : ..... !EACH OCCURRENCE : $ 1. 000. 000 i i FIRE DAMAGE (An~ on= flr~) :: $ 50t 000 i MED. EXPENSE (Any om ~,) $ 5 ~ 000 AUTOMOBILE LIABILITY i COMBINED SINGLE A i"~"' ANYAUTO 43-0-7K8281 08/09/92 08/09/93 ::UMIT S 1,000,000 ! ALL OWNED AUTOS ! : ........ :: BODILY INJURY ! $ SCHEDULED AUTOS :: (P~r p~) : HIRED AUTOS : ...... i BODILY INJURY NON-OWNED AUTOS (Per neeld~) i $ .... i GARAGE LIABILITY : ....................... ! i PROPERTY DAMAGE $ :: EXCESS LIABILITY : EACH OCCURRENCE :: $ i ::UMBRELLA FORM ........................................... : ........ : ::AGGREGATE ~ $ B WORKER~J COMPENSATION C38198555 03/27/92 03/27/93 : ~TrATUTORY LIMITS : . ? :::::::::::::::::::::::::::::::::::::::::::::::: AND i EACH ACCIDENT EMPLOYERS' LIABILITY i DISEASE--POLICY LIMIT i $ ~00,~ 000. iDISEASE-EACHEMPLOYEE :: S 500,000. OTIIER DESCRIPTION OF OPERATIONSILOCATIONSIVEIIICLES/SPECIAL ITEMS Installation of a closed loop signal system on Denton Tap Rd. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ::i: MAIl. 10 C i ty of Coppe I l DAYS WRITFEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Shohre Daneshmanz LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 255 Parkway B tvd. ii!i LIABILITY OF ANY KIND UPJDN THE COMPANY, ITS AGENTS OR REPRESENTATIVE~ Coppell TX 75019 ii!i: ( .d e :.!ii:!': ii~'i!"?i:?"i'?!!:'','I~ ''/'~lb~:'ii~:~:i